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HomeMy WebLinkAboutPROJECT SPECIFICATIONS PROJECT SPECIFICATIONS FOR F.Y. 2014 ASPHALT OVERLAY PROGRAM �r CONTRACT NO. 857 �OF 000 I hereby certify that this engineering document was prepared by me or under my direct 000 Q o° supervision and that I am a licensed Profess', al Engineer under the laws of the State of O o °o Iowa. ctr o JAMIE A. o KNUTSON o — l Z ° ° JAMI A.KNUTSON,P DAT o° 16025 0�� .M icense Renewal Date is December 31,2015. ages or sheets covered by this seal: pow F.Y. 2014 ASPHALT OVERLAY PROGRAM CONTRACT NO. 857 CONTRACT DOCUMENTS TABLE OF CONTENTS 1. NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS 2. INSTRUCTIONS TO BIDDERS 3. FORM OF BID OR PROPOSAL 4. SALES TAX EXEMPTION INFORMATION FORM 5. FORM OF BID BOND 6. NON-COLLUSION AFFIDAVITS 7. EQUAL OPPORTUNITY CLAUSE 8. RESIDENT BIDDER AND NON-RESIDENT BIDDER CERTIFICATION 9. AFFIRMATIVE ACTION PROGRAM 10. POTENTIAL ITEMS OF WORK FOR MBE/WBE PARTICIPATION SUBCONTRACTOR'S BID REQUEST FORM, LETTER FORM FOR SUBCONTRACTOR QUOTES, MBE/WBE SCOPE LETTER, MBE AND/OR WBE PREBID CONTACT INFORMATION FORM 11. WATERLOO/CEDAR FALLS MINORITY AND WOMEN BUSINESSES ENTERPRISE CONSTRUCTION AND MAINTENANCE CONTRACTOR'S GUIDE 12. STATEMENT OF BIDDER'S QUALIFICATIONS 13. GENERAL SPECIAL PROVISIONS 14. SPECIAL PROVISIONS 15. GENERAL SPECIFICATIONS FOR CONSTRUCTION 16. SUPPLEMENTAL GENERAL SPECIFICATIONS FOR CONSTRUCTION 17. FORM OF CONTRACT 18. FORM OF PERFORMANCE BOND 19. FORM OF PAYMENT BOND NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost and the NOTICE TO BIDDERS For the Taking of Construction Bids For the F.Y. 2014 ASPHALT OVERLAY PROGRAM In the City of Waterloo, Iowa CONTRACT NO. 857 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 10th day of February, 2014, until 4:00 p.m. for the construction of the F.Y. 2014 ASPHALT OVERLAY PROGRAM, Contract No. 857, 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 open Council meeting to be held in the Council Chambers in the City Hall in the City of Waterloo, Iowa, on the 10th day of February, 2014, at 5:30 p.m., and the proposals will be acted upon at such later time and place as may then be fixed. 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 February 10, 2014 said hearing to be held in the Council Chambers in the City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said improvements heretofore prepared by the City Engineer of the City of Waterloo 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. SCOPE OF WORK The extent of the work involved is the milling of existing asphalt streets or cracking and seating of concrete streets. Placing a new hot mix asphalt overlay on these streets and any other work needed to complete the overlay of said streets. NOTICE OF HEARING CONTRACT NO. 857 Page 1 of 6 STREET FROM TO 4th St., W. Ridgeway Ave. Patrick Ct. Airport Blvd. E.B. Broadway St. Airline Hwy. Ashland Ave. Newton St. Parker St., W. Bryant Ave. Lindale Ave. Oakland Ave. Hanna Blvd. (E 1/2) Rainbow Dr. 242' South Hanna Blvd. (W 1/2) Rainbow Dr. 242' South Kern St. Burton Ave. Oakland Ave. Kimball Ave. Orange Rd. South City Limits Lark Ln. Scott Ave. Wren Rd. Maplewood St. Riehl St. Norwood Ave. Newell St. Idaho St. 754' E of Spring View Norwood Ave. Oakland Ave. Riverside Dr. Olympic Dr. Inverness Rd. Ansborough Ave. Poplar Ave. Whittier Ave. Maplewood St. Sheridan Rd. Rachael St. 743' South Vaughn St. Westfield Ave. Pavement Ends Whittier Ave. Lindale Ave. Poplar Ave. Parking Lot 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 on or before October 10, 2014. 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 Engineer, which plans and specifications and also the prior proceedings of the City Council referring to and defining said proposed NOTICE OF HEARING CONTRACT NO. 857 Page 2 of 6 improvements are. hereby made a part of this notice, and the proposed contr reference shall be executed in compliance therewith. act by Plans and Specifications are available from the City Engineer upon the Cit 's re a $25.00 refundable deposit. Deposits will be refunded if the plans are returned of usable condition (i.e. free of highlights, ink markings, tears, stickers, water stain sand in soiling) to the Engineer's Office by the end of the 14th consecutive day after the has been awarded. No deposits will be refunded for any plans received after project consecutive day, which includes plans returned via mail service. Plan holders afire responsible for ascertaining when the project has been awarded. This deposit policy shall also apply to the prime contractor awarded th plans and specifications obtained and distributed b the e project for all subcontractors and suppliers in determining the prime contractor's bid, if thetrctor n their contractor wishes for their deposit to be returned. prime Upon award of project, the prime contractor shall be supplied with the needed of plans and specifications at no additional cost. number CONTRACT AWARD A contract will be awarded for each division of the contract to the qualified submitting the lowest bid. q d bidder The City reserves the right to reject any or all bids, re-advertise for new bid waive informalities in the bids submitted that might be in the best interest of the City. to y. Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty days from the day of the opening of bids for the purpose of reviewingthe bids and investigating the qualifications of bidders, prior to awarding the contract. ids and 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 sha write or type the unit bid price and the bid item extension (Unit Price x Estimated i clearly numerals on the blanks provided. Should there be any discrepancy between the unit bid price and extension, the City of Waterloo shall consider Qtyi in the valid unit bid price. the unit bid price as being The bidder has the option to submit a computer-generated spreadsheet in lieu of Portion of the Form of Bid or Proposal, which includes the Bid Item Number,the Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price and Total i he computer-generated spreadsheet shall include all of the information listed in that portion Bid. The 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, th TOTAL BID (with alternates, if applicable) shall also be indicated in the et, the provided on the Form of Bid or Proposal. space(s) NOTICE OF HEARING CONTRACT NO, 857 Page 3 of 6 BID SECURITY REQUIRED a separate envelope b All bids must be accompanied in ecertified cashier's laws he United States,check red under the a drawn on an Iowa bank, or a bank charte certified share draft drawn on a credit union in Iowa or the City) payable to chartered under the Ithe City of United States, or bid bond, (on the form furnished by Y , which Waterloo, Iowa, in the sum of not less than five percent (held as the sec bu�rriity thatltthe Bidder certified check, certified share draft or bid bond will bethe will enter into a Contract for the construction of the work a dto ilnter fintournish the Contracdt bonds, and in case the successful Bidder shall fail or and furnish the required bonds, his bid security may be retained by said City as agreed nd upon liquidated damages. If bid bond is used, it must b asien{dmu b be t supplortedhe Bddera q pby the surety or surety's agent. Signature of surety's g accompanying Power of Attorney. PERFORMANCE & PAYMENT BONDS ent The successful bidder will be required to furnish a "Pe{oh mann a6 amount equal to one ce Bond" within ten (10) days after forms are presented contract price, said bond to be issued by a resp hundred percent (100%) of the tee the faithful performance of�thesurety approved by the City Council and shall guarantee contract and the terms and conditions therein co and save harm and less the City frouarantee m prompt payment of all materials and labor and protect claims of any kind caused by the operations of the contractor. MAINTENANCE BOND Before the Contractor shall be entitled to receive final payment of not less work tha done u of der this contract, it shall execute and file a bond in the penal total amount of the contract, same to be known as "M bond int sn nnacdeditio Bo d to the bond g," and which bondn must be approved by the City Council, and which by the Contractor to guarantee the completion of the work. CONTRACT COMPLIANCE PROGRAM / SUBCONTRACTING Thep g program proposes numerical projections regarding utilizationsiness Enterprise (WBE) asb f Minority B sines ndors Enterprise (MBE) and Women tractsof Contracts awl ded by the City of Waterloo, Iowa. and suppliers in the performance ruction A goal of at least ten percent (10%) for MBE parti . A°n on goal of ll City funded at least two percent (2%) projects that are estimated at $50,000.00 or moree g for WBE participation on all City funded construction total funds eimated follow at $50,000.00 or more. Any project funded in part or inotal with fede nd goals. The the respective agencies contract complianceo faith efforts" to meet the Contract Compliance Prime Contractor shall make g liers or vendors must provide MBE/WBE goals. The MBE/WBE subcontractors, supp the Prime Contractor a reasonably competitive price for the service being rendered or the Contractor is not required to accept their bid. CONTRACT NO. 857 Page 4 of 6 NOTICE OF HEARING LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the specified contract period, plus authorized extensions, the contractor shall pay to the City Liquidated Damages in the amount of five hundred dollars ($500.00) per day, for each day, as further described herein, in excess of the authorized time. Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that the contractor does, or could have worked, from Monday through Saturday. Sundays will be counted only if work is performed. Partial working days will be considered as a full working day. Days not chargeable for 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. RESIDENT BIDDER/NON-RESIDENT BIDDER 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 Resident Bidder Certification or a Non-Resident Bidder Certification in the form(s) herein provided. 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. NOTICE OF HEARING CONTRACT NO. 857 Page 5 of 6 Published pursuant to the provisions of Division VI of Chapter 384 of the City Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the day of 2014. CITY OF WATERLOO, IOWA BY: Suzy Schares City Clerk NOTICE OF HEARING CONTRACT NO. 857 Page 6 of 6 INSTRUCTIONS TO BIDDERS 1. EXPLANATIONS TO BIDDERS Any explanation desired by a bidder regarding the meaning or interpretation of the Notice to Bidders, Plans, Specifications, etc., must be requested in writing and with sufficient time allowed for a reply to reach bidders before submission of their bids. Any interpretation made will be in the form of an amendment of the Notice to Bidders, Plans, Specifications, etc., and will be furnished to all prospective bidders. Its receipt by the bidder must be acknowledged in the space provided on the Proposal Form or by letter or telegram received before the time set for opening of bids. Oral explanations or instructions given before the award of the contract will not be binding. 2. EXAMINATION OF PROPOSED WORK Bidders should visit the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Failure to do so will not relieve bidders from responsibility for estimating properly the difficulty or cost of successfully performing the work. The owner will assume no responsibility for any understanding or representation concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the Notice to Bidders, the Specifications or related documents. 3. PREPARATION OF BIDS a. Bids shall be submitted on the forms furnished, or copies thereof, and must be manually signed. If erasures or other changes appear on the forms, each erasure or change must be initialed by the person signing the bid. The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price, and Total Bid. The 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, INSTRUCTIONS TO BIDDERS Page 1 of 13 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 where unit price is required, the total amount of each item shall be computed at the unit prices bid for the quantities given on the Bid Form and stated in figures in the blank space provided. If the bidder chooses to submit the unit prices, total bid price, and total bid on a computer-generated spreadsheet, all numbers shall be easily legible. f. Any changes or alterations made in the Bid Form, or any addition thereto, may cause the rejection of the bid. No bid will be considered which contains a clause in which the contractor reserves the right to accept or reject a contract awarded him by the city Council of Waterloo. Bids in which the unit prices are obviously unbalanced may be rejected. g. If the bidder does not qualify as a resident bidder, the nonresident bidder shall specify on the "Non-Resident Bidder Certification" form 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 INSTRUCTIONS TO BIDDERS Page 2 of 13 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 or amended, subject to rejection. 5. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids and modifications or withdrawals thereof received at the office designated in the Notice to Bidders after the exact time set for closing of bids will not be considered. However, a modification which is received from an otherwise successful bidder, and which makes the terms of the bid more favorable to the City of Waterloo, will be considered at any time it is received and may therefore be accepted. Bids may be withdrawn by written or telegraphic request received from bidders prior to the time set for closing of bids. 6. PUBLIC OPENING OF BIDS 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 construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or INSTRUCTIONS TO BIDDERS Page 3 of 13 refuse to enter into the Contract and furnish the required bond, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. 8. COLLUSIVE AGREEMENTS a. Each bidder submitting a bid shall execute and include with the bid, a Non-Collusion Affidavit in the form herein provided, to the effect that he as not colluded with any other person, firm, or corporation in regard to any bid submitted. b. Each bidder submitting a bid shall have each proposed subcontractor, if any, execute and submit to the City Contract Compliance Officer by 5:00 P.M. the business day following the day bids on this project are due, a Non-Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. Before executing any subcontract, the successful bidder shall submit the name of any proposed subcontractor for approval by the City. 9. MINORITY AND/OR WOMEN BUSINESS ENTERPRISE SUBCONTRACTORS a. CITY OF WATERLOO AND/OR WOMEN BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM The City of Waterloo Minority and/or Women Business Enterprise Pre-Bid Contact Information Form shall be submitted with the Form of Bid or Proposal. Failure to do so shall be grounds for the bid being rejected if subcontracting is proposed by the prime contractor. 10. MBE/WBE CONTRACT COMPLIANCE PROGRAM PURPOSE The purpose of the Contract Compliance Program (hereinafter called Program) is to act as an impetus for increasing the participation of minority and women disadvantaged business enterprise (MBE/WBE) in City awarded construction contracts. The Program does not propose to eliminate any bonafide contractor or subcontractor from bidding on City contracts, but it will hopefully serve as a needed stimulus to help local MBE/WBE's grow and eventually become mainstream contractors and subcontractors. INSTRUCTIONS TO BIDDERS Page 4 of 13 This Contract Compliance Program does not propose to include any set-aside or quotas, but only flexible goals where "good-faith efforts" are required by the contractor to use MBE/WBE subcontractors. This Program shall not eliminate the need for contractors to continue their "good-faith efforts" in using MBE/WBE subcontractors on City contracts estimated at less than $50,000. The City of Waterloo will make every effort to reduce in-house construction and maintenance work that would be more cost effectively performed by the private sector and, thus, would allow additional bidding opportunities for MBE/WBE firms. The City Contract Compliance Officer shall be advised of all City of Waterloo awarded construction contracts. DEFINITIONS Goals: A flexible numerically expressed objective which contractors are required to make "good-faith efforts." The key to the requirement is to make documented efforts. Goals are neither set-a-sides nor a device to achieve proportional representation or equal results. Numerical goals do not create set-a-sides for specific groups, nor are they designed to achieve proportional representation or equal results. Rather, the goal-setting process in affirmative action planning is used to target and measure the effectiveness of affirmative action efforts to eradicate and prevent discrimination. Quota: A flat numerical requirement that the contractor is required to meet in order to obtain the benefit or be in compliance. The numerical goal component of affirmative action programs is not designed to be, nor may it properly or lawfully be interpreted as, permitting unlawful preferential treatment and quotas with respect to persons of any race, color, religion, sex, or national origin. The regulations at 41 CFR 60-2.12(a), 60-2.15 and 60-2.30, specifically prohibit discrimination and the use of goals as quotas. (U.S. Department of Labor) Set-Aside: An arrangement in which a particular contract is reserved for competition solely among minority and women business enterprises. INSTRUCTIONS TO BIDDERS cage 5 of 13 Contractor. As used in this document means contractor, subcontractor, supplier, vendor, and professional service provider. Minority Business Enterprise (MBE) Any business, which is at least 51%, owned by one or more minorities and whose management and daily business operations are controlled by one or more such individuals and is on the current State Unified Certification List, or were listed on the City of Waterloo Certified MBE/WBE Contractors list as of July 1, 2002 Women Business Enterprise (WBE): Any business which is at least 51% owned by one or more women and whose management and daily business operations are controlled by one or more such individuals and is on the current State Unified Certification List, or were listed on the City of Waterloo Certified MBE/WBE Contractors list as of July 1, 2002 Minority: Any person or persons who are considered as socially and economically disadvantaged because of their identity as a group member without regard to their individual qualities. The groups include: Black American, Hispanic American, Native Americans, Eskimos, Aleuts, and Asian-Pacific Americans. 13 C.F.R. 124- 1.1(c)(3)(ii)(1 983). Lowest Responsible Bidder. Bidder who has offered the lowest bid and who has exhibited skill relative to the type of work bid on, judgment, financial responsibility, and evidence of working with the Affirmative Action Employment Program and the Contract Compliance Program. Broker. One buying or selling for others on commission or other fee basis without maintaining a warehouse or other similar inventory storage facility. Mayor's Advisory Committee: Mayor's Advisory Committee for Minority, Female, and Disadvantaged Business Enterprise. Good Faith Efforts: The successful bidder shall be selected on the basis of having submitted the lowest responsible bid. The obligation of the bidder is to make good faith efforts. The bidder can demonstrate that it has done so by the following: INSTRUCTIONS TO BIDDERS Page 6 of 13 1. The Prime Contractor met the project goal - No Action necessary 2. If the Prime Contractor failed to meet the goal, they must submit documentation of good faith efforts. CONTRACT COMPLIANCE PROGRAM SUBCONTRACTING The program proposes numerical projections or goals regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as subcontractors in the performance of contracts awarded by the City of Waterloo, Iowa. A goal of at least 10% for MBE participation on all City funded construction projects that are estimated at $50,000 or more and projects under $50,000 where applicable at the Contract Compliance Officer's discretion. There is at least 2% WBE goal on City funded projects. Any project which is funded solely or in part with Federal funds shall follow the respective agencies contract compliance program and goals. Any project which is funded solely or in part with State funds shall follow the respective agencies contract compliance program and goals. The City of Waterloo Contract Compliance Program is for City awarded construction contracts only. The prime contractor shall make "good-faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontracts must provide the prime contractor a reasonably competitive price for the service being rendered or the contractor is not required to accept the bid. Administrative Reconsideration: As part of this reconsideration, the bidder will have the opportunity to provide written documentation or arguments concerning the issue of whether they made adequate good faith efforts to meet the goals. The bidder will have the opportunity to meet in person with the City of Waterloo's Administrative Reconsideration Committee to discuss the issue of whether they made adequate good faith efforts. The Administrative Reconsideration Committee will forward a written decision on reconsideration to the Mayor and City Council, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so. Documentation required will include but is not limited to the following: * Making portions of the work available for MBE/WBE subcontracting * Evidence of negotiating with MBE/WBE firms * MBE/WBE quotes obtained and non-MBE/WBE quotes used INSTRUCTIONS TO BIDDERS Page 7 of 13 * Reasons agreements were not reached * Follow-up after initial solicitations * Efforts to assist in obtaining equipment, supplies and materials (at competitive prices), bonding, lines of credit, insurance, etc. * Evidence of past compliance or non-compliance by same contractor The Contract Compliance Officer will determine the weight to be given to each item listed above (supported by appropriate documentation) based on overall program goals. RESPONSIBILITIES 1. City of Waterloo A. The City Contract Compliance Officer has the responsibility to assure the City's compliance with Federal, State and Municipal regulations. B. The City Contract Compliance Officer is responsible for maintaining a current directory of certified firms. Certification of MBE/WBE/DBE contractors is through the Iowa Department of Transportation and its Unified Certification Program. Only firms certified based on guidelines prescribed in 49 CFR Part 26 and provisions of this agreement, shall be recognized as certified by the City of Waterloo. C. The City Contract Compliance Officer is responsible for making available a list of future project information notices to MBE/WBE firms. D. The City Contract Compliance Officer shall send notices to appropriate MBE/WBE firms in the directory of each bid solicitation with opening date. E. The City Contract Compliance Officer will receive MBE/WBE Letter(s) of Intent to Bid and within two (2) business days forward the complete list of MBE/WBE bidders who submitted a Letter of Intent to Bid to prime contractors. ll. Prime Contractors In order to be in compliance with the guidelines of this program, the prime contractor must show good-faith efforts in following the MBE/WBE Contract Compliance Program. Good-faith efforts include, but are not limited to, the following: A. Prime contractors shall send solicitation letters (Form CCO- 3) to appropriate MBE/WBE (those certified in directory prepared by City Contract Compliance Officer) at least seven (7) working days prior to bid date. Letters should identify specific items to be subcontracted. A minimum of three (3) INSTRUCTIONS TO BIDDERS Page 8 of 13 disadvantaged business contacts must be made and documented, if there are at least three disadvantaged businesses offering services in the area to be subcontracted (See City of Waterloo MBE/WBE Certification List). If less than three (3) are offering the services to be subcontracted, then a contact is required for any that are listed as providing that service. If the Prime Contractor submits a MBE/WBE contact not on the City's MBE/WBE list, attach a copy of the MBE/WBE/DBE Certifications from another government agency. B. If a prime contract bidder is unable to identify MBE/WBE firms to perform portions of the work, the City Contract Compliance Officer should be contacted for assistance immediately. C. Prime contract bidders may solicit MBE/WBE proposals by telephone or personal interviews, but all such contacts shall be confirmed by Certified Mail, or subcontract bid request forms (Form CCO-2). D. If any MBE/WBE business submitting bids is not selected for subcontract award, documentation must accompany the "MBE/WBE Business Enterprise Pre-Bid Contact Information Form" (Form CCO-4 and CCO-4A) on why the MBE/WBE was not selected. These reasons could include: a. Not low bid. Copies of the competing bids may be required for verification. b. MBE/WBE did not bid, withdrew bid or non-responsive. c. Documentation of other business-related reason for not selecting the MBE/WBE business for a subcontract d. Prime contractor self performs work. e. Any other reason relied on by prime. The Contract Compliance Officer will determine the weight to be given to each item listed above (supported by appropriate documentation) based on overall program goals. lll. MBE/WBE Firms A. MBE/WBE firms shall be certified by the Iowa Department of Transportation as owners and controllers of their respective businesses, or were listed on the City of Waterloo Certified MBE/WBE Contractors list as of July 1, 2002. INSTRUCTIONS TO BIDDERS Page 9 of 13 B. MBE/WBE firms must perform the work on the project; they cannot act as a broker by subcontracting the work out to others. C. Each MBE/WBE firm planning to submit quotes on construction projects with goals, shall submit a Letter of Intent to Bid (Form CCO-5) to the City Contract Compliance Officer seven (7) working days prior to bid opening, listing specific items which the MBE/WBE firm is interested in bidding. If sufficient Letters of Intent to Bid are not received by the City Contract Compliance Officer seven (7) working days prior to bid opening, goals on subject project will be reduced accordingly. Agreements between the bidder/proposer and a MBE/WBE in which the MBE/WBE promises not to provide subcontracting quotations to other bidders/proposers are prohibited. NON-COMPLIANCE OF CONTRACTORS A. Noncompliance exists when the contractor's actions are not consistent with the requirements of the Contract Compliance Program in the areas of employment and subcontracting. B. A bidder's failure to show good-faith efforts to meet project goals or a failure to use certified MBE/WBE firms may be grounds for finding its bid not responsible. C. The Contract Compliance Officer shall submit to City Council his/her recommendation on any non-compliant contract in writing. NOTICE TO PROCEED Notice to proceed on any project with goals will not be issued until City Contract Compliance Officer determines the lowest responsible bidder has used good-faith efforts to comply with this Compliance Program and the bid was responsive. CONCLUSION This program repeals or revises all sections of previous Waterloo Contract Compliance Programs. 11. EMPLOYMENT AND BUSINESS OPPORTUNITY To the greatest extent feasible, suppliers, subcontractors, and low income workers owning businesses or living in the Waterloo area must be given priority in supplying materials, bidding for subcontract work, or applying for employment by the contractor on this project. Opportunities for training and for employment arising in connection with this project, shall to the INSTRUCTIONS TO BIDDERS Page 10 of 13 greatest extent feasible be made available to lower income persons residing in the project area. The contract area is the City of Waterloo. The City of Waterloo will require the contractor to document his efforts in securing lower income workers living in the project area and in purchasing supplies from, and awarding subcontracts to, businesses owned by persons residing in the project area. 12. STATEMENT OF BIDDER'S QUALIFICATIONS Each bidder shall, upon request of the City of Waterloo, Iowa, submit on the form furnished for that purpose (a copy of which is incluced in the contract documents), a statement of bidder's qualifications, his experience record in constructing the type of improvements embraced and his organization and equipment available for the work contemplated; and, when specifically requested, a detailed financial statement. The City of Waterloo, Iowa, shall have the right to take such steps as it deems necessary to determine the ability of the bidder to perform his obligations under the contract, and the bidder shall furnish the City of Waterloo, Iowa, all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy the City of Waterloo, Iowa, that the bidder is qualified to carry out properly the terms of the contract. 13. AWARD OF CONTRACT 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 any time of opening bids, but the right is reserved to postpone such action for a reasonable time, not exceeding thirty (30) days. b. The City Council may, when in its interest, reject any or all bids or waive any informality in bids received. C. The bidder shall submit bids on all the items listed in the proposal and shall state the unit bid price in words in the blank spaces provided beneath the item description. Should there be any discrepancy between the unit bid price in words and listed numeral unit bid price, the City of Waterloo shall consider the unit bid price in words as being the valid unit bid price. A computer-generated spreadsheet as herein provided shall also be acceptable. Proposals requiring mathematical computations to determine unit prices or totals will be rejected. A contract will be awarded to the qualified bidder submitting the lowest total bid as indicated in the NOTICE TO BIDDERS. INSTRUCTIONS TO BIDDERS Page 11 of 13 d. When a contract for a public improvement is to be awarded to the lowest responsive and responsible bidder, a resident bidder shall be allowed a preference as against a nonresident bidder from a state or foreign country if that state or foreign country gives or requires any preference to bidders from that state or foreign country, including but not limited to any preference to bidders, the imposition of any type of labor force preference, or any other form of preferential treatment to bidders or laborers from that state or foreign country. The preference allowed shall be equal to the preference given or required by the state or foreign country in which the nonresident bidder is a resident. In the instance of a resident labor force preference, a nonresident bidder shall apply the same resident labor force preference to a public improvement in this state as would be required in the construction of a public improvement by the state or foreign country in which the nonresident bidder is a resident. 14. EXECUTION OF AGREEMENT, BONDS, AND CERTIFICATE OF INSURANCE a. Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful bidder shall execute and deliver to the City of Waterloo, Iowa, an 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. INSTRUCTIONS TO BIDDERS Page 12 of 13 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 14 to 15 of 19 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 re- advertise for bids, and may charge against the bidder the difference between the amount of the bid an the amount for which a contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid guaranty. If a more favorable bid is received by re-advertising, the defaulting bidder shall have no claim against the City of Waterloo, Iowa, for a refund. 15. RESIDENT BIDDER/NON-RESIDENT BIDDER PREFERENCE Attention of bidders is called to compliance with the provisions of the Resident Bidder/Non-Resident Bidder requirement. Each bidder submitting a bid shall execute and include with the bid, a Resident Bidder Certification or a Non-Resident Bidder Certification in the form(s) herein provided. INSTRUCTIONS TO BIDDERS Page 13 of 13 FORM OF BID OR PROPOSAL F.Y. 2014 ASPHALT OVERLAY PROGRAM CONTRACT NO. 857 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 a Partnership consisting of the following partners: having familiarized (himself) (themselves) (itself) with the existing conditions on the project area affecting the cost of the work, and with all the contract documents listed in the Table of Contents and Addenda (if any), as prepared by the City Engineer of the City of Waterloo now on file in the office of the City Clerk, City Hall, Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to construct and complete this F.Y. 2014 ASPHALT OVERLAY PROGRAM, Contract No. 857, all in accordance with the above-listed documents and for the unit prices for work in place for the following items and quantities: F.Y. 2014 ASPHALT OVERLAY PROGRAM CONTRACT NO. 857 BID 'DESCRIPTION=DIVISION I(STREETS) UNIT EST.QTY. UNIT BID TOTAL BID PRICE ITEM PRICE 1 REMOVE AND RELOCATE E-1 INLET EACH 1.00 $ $ REMOVE AND REPLACE E-1-C 2 USE EXISTING CASTING EACH 9.00 $ $ REMOVE AND REPLACE INTAKE BOXOUT/E- 3 1-C EACH 3.00 $ $ REMOVE AND REPLACE INTAKE BOXOUT/E- 4 2-C EACH 1.00 $ $ 5 FURNISH E-1-C INLET CASTING EACH 1.00 $ $ 6 JREM/REP RA INLET TOP EACH 1.00 $ $ 7 JREM/REP RA INLET TOP AND THROAT EACH 1.00 $ $ 8 REMOVE AND REPLACE MH BOXOUT EACH 12.00 $ $ 9 STORM SEWER, 10"TRUSS LF 44.00 $ $ 10 IRF-19C RODENT GUARD EACH 20.00 $ $ FORM OF BID CONTRACT NO. 857 Page 1 of 5 11 REMOVE AND REPLACE S/W OR D/W, 6" PCC SF 746.00 $ $ 12 REMOVE SIDEWALK SF 1,736.10 $ $ 13 SIDEWALK, 4" PCC SF 1,173.00 $ $ 14 SIDEWALK, 6" PCC SF 1 605.10 $ $ 15 SIDEWALK CURB SECTION LFJ 78.00 $ $ PEDESTRIAN RAMP DETECTABLE WARNING 16 SURFACE SF 154.00 $ $ 17 TOPSOIL REMOVAL FROM PARKING SY 131.20 $ $ 18 TOPSOIL SY 12.70 $ $ 19 REMOVE AND REPLACE 24" C & G/6" PCC LF 40.00 $ $ 20 REMOVE AND REPLACE 24" C&G/8" PCC LF 10.00 $ $ 21 REMOVE AND REPLACE 24" C&G/9" PCC LF 74.00 $ $ 22 FULL DEPTH PATCH, REM/REP 6" PCC SY 38.90 $ $ 23 FULL DEPTH PATCH, REM/REP 9" PCC SY 30.60 $ $ 24 REM/REP SANITARY SEWER, 8"TRUSS LF 10.00 $ $ 25 REM/REP SANITARY SEWER, 10" TRUSS LF 4.00 $ $ 26 SANITARY SEWER SERVICE, 6" LF 5.00 $ $ 27 3/4" ROADSTONE TON 10.00 $ $ 28 RECYCLED ASPHALT TON 442.00 $ $ 29 PAVEMENT SCARIFICATION SY 4,281.10 $ $ 30 MILL WEDGE EACH 48.00 $ $ 31 CRACK AND SEAT SY 75,093.60 $ $ 32 SURFACE PATCH TON 68.00 $ $ HMA(1,000,000 ESAL) INTERMEDIATE, 3/4" 33 MIX, 60% CR. TON 2,222.60 $ $ HMA(1,000,000 ESAL) SURFACE, 1/2" MIX 34 NO FRICTION REQD., 60% CR. TON 2,383.30 $ $ HMA(3,000,000 ESAL) INTERMEDIATE, 3/4" 35 MIX, 75% CR TON 4,583.00 $ $ HMA(3,000,000 ESAL) SURFACE, 1/2" MIX, NO 36 FRICTION REQD., 75% CR TON 3,395.50 $ $ 37 PAVEMENT SAMPLES AND TESTING LS 1.00 $ $ _. FORM OF BID CONTRACT NO. 857 Page 2 of 5 38 RAILROAD INSURANCE I_LS 1.00 $ $ 38 INLET UMAR EACH 32.00 $ $ 39 UNIVERSAL MH ADJ. RING OR EQUAL EACH 46.00 $ $ 40 UMARED CONCRETE ADJUSTMENT EACH 12.00 $ $ 41 FURNISH AND INSTALL MANHOLE CASTING EACH 1.00 $ $ 42 PAVEMENT SYMBOLS EACH 2.00 $ $ 43 PAINTED PAVEMENT MARKINGS STA 341.78 $ $ TOTAL BID - DIVISION 1 $ BID DESCRIPTION-DIVISION II(PARKING LOT) UNIT EST.QTY., UNIT BID-, TOTAL BID PRICE ITEM PRICE. 1 PAVEMENT REMOVAL SY 44.40 $ $ 2 REMOVE AND REPLACE 24" C&G/9" PCC LF 22.00 $ $ 3 CLASS 10 EXCAVATION CY 194.40 $ $ 4 MODIFIED SUBBASE TON 341.20 $ $ 5 14" HMA, S 1/2", 60% CR SY 1166.70 $ $ 6 IDNV APPROACH, 6" PCC SY 22.00 $ $ 7 FENCE REMOVAL LS 1.00 $ $ 8 PAVEMENT MARKING STA 15.22 $ $ 9 PAVEMENT SYMBOL EACH 12.00 $ $ 10 TRAFFIC CONTROL LS 1.00 $ $ TOTAL BID - DIVISION II $ TOTAL BID - DIVISION I + DIVISION 11 $ FORM OF BID CONTRACT NO. 857 Page 3 of 5 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 Dollars ($ ) in the form of is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS. 5. Attached hereto is a Non-Collusion Affidavit of Prime Contractor. 6. Attached hereto is a Resident Bidder Certification ( ) or Non-Resident Bidder Certification (_�. (Mark one.) 7. The bidder is prepared to submit a financial and experience statement upon request. 8. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. 9. The bidder has received the following Addendum or Addenda: Addendum No. Date 10. The bidder shall list the MBE/WBE subcontractor(s), amount of subcontracts and bid items on the City of Waterloo Minority and/or Women Business Pre-bid Contact Information Form submitted with this Form of Bid or Proposal. The apparent low Bidder shall submit a list of all other Subcontractor(s) to be used on this Project to the City of Waterloo by 5:00 p.m. the business day following the day Bids on this Project are due along with the Non-Collusion Affidavits of All Subcontractor(s). The Contractor shall submit information on subcontractors on "SUBCONTRACTOR REQUEST AND APPROVAL" Form to be provided by City prior to approval of contract. FORM OF BID CONTRACT NO. 857 Page 4 of 5 The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons: 1) The City of Waterloo does not approve the subcontractors. 2) The subcontractors submit in writing that they cannot fulfill their subcontracts. 11. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or"NA". 12. The bidder has attached all applicable forms. 13. The Owner reserves the right to select alternates, delete line items, and/or to reduce quantities prior to the award of a contract due to budgetary limitations. (Name of Bidder) (Date) BY: Title Official Address: (Including Zip Code): I.R.S. No. FORM OF BID CONTRACT NO. 857 Page 5 of 5 BID BOND KNOW ALL MEN BY THESE PRESENTS,that we, as Principal,and as Surety are held and firmly bound unto the CITY OF WATERLOO , Iowa, hereinafter called "OWNER." In the penal sum Dollars($ )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 day of , 20 for 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 presents to be — signed by their proper officers this day of A.D. 201 Principal (Seal) By (Title) Witness (Seal) Surety By Witness Attorney-in-fact NON-COLLUSION AFFIDAVIT OF PRIME BIDDER State of ) County of ) )ss , being first duly sworn, deposes and says that: 1. He is (Owner, Partner Officer Representative or Agent) , of the Bidder that has submitted the attached Bid; 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Title Subscribed and sworn to before me this day of , 201 . Title My commission expires NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR _ State of ) ss: County of ) being first duly sworn, deposes and says that: 1. He is (Owner, Partner Officer Representative, or Agent) of hereinafter referred to as the"Subcontractor;" " 2. He is fully informed respecting the preparation and contents of the subcontractor's proposal submitted by the subcontractor to — contract pertaining to the project in (City or County and State) 3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal; 4. Neither the subcontractor nor any of its officers, partners, owners, agents, — representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other bidder, firm or person to submit a collusive or sham proposal in connection with such contract or to — refrain from submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other bidder, firm or person to fix the price or prices in said subcontractor's proposal, or to fix any — overhead., profit or cost element of the price of prices in said subcontractor's proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed contract; and — 5. The price or prices quoted in the subcontractor's proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) — Title Subscribed and sworn to before me this day of 201_. Title My commission expires 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. EQUAL OPPORTUNITY CLAUSE PAGE 1 OF 2 PAGES 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, subcontract or purchase order unless exempted by the rules, regulations or orders of the City's — Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. 8. We, the undersigned, recognize that we are morally and legally committed to non-discrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, creed, color, sex, national origin, economic status, age, mental or physical disabilities. — (Signed) (Appropriate Official) (Title) (Date) EQUAL OPPORTUNITY CLAUSE PAGE 2 OF 2 PAGES RESIDENT/NON-RESIDENT BIDDER RESIDENT BIDDER: In accordance with Section 73A.21 of the Iowa Code, all non-federal-aid public improvement projects, which include road construction, shall be performed by a qualified resident bidder. The resident bidder has been further defined as follows: Resident Bidder: A person or entity authorized to transact business in this state and having a business for at least three years prior to the date of the first advertisement for the public improvement. If another state or foreign country has a more stringent definition of a resident bidder, the more stringent definition is applicable as to bidders from that state or foreign country. The contractor shall provide the City with a certification that he is a qualified resident bidder according to the above definition. The Certificatior shall be submitted with the contractor's bid. A copy of the form of "Resident Bidder Certification" is included in the Contract Documents. If it is determined that the contractor does not meet this qualification after he begins work, a shutdown notice shall be issued and the voiding of the contract shall begin unless the contractor becomes qualified. NON-RESIDENT BIDDER: The contractor shall provide the City with a certification that he is a non-esident bidder according to the above definition. The Certification shall be submitted with the contractor's bid. A copy of the form of "Non-Resident Bidder Certification" is included in the Contract Documents. DJG 01/02/12 RESIDENT BIDDER CERTIFICATION CONTRACT NO: PROJECT NAME: DATE OF LETTING: To be a qualified resident bidder, the bidder shall be a person or entity authorized to transact business in this state and having a business for at least three years prior to the date of the first advertisement for the public improvement. If another state or foreign country has a more stringent definition of a resident bidder, the more stringent definition is applicable as to bidders from that state or foreign country. This qualification as resident bidder shall be maintained by the contractor and his subcontractors at the work site until this project is completed. I hereby certify that I am a resident bidder as defined above. COMPANY NAME CORPORATE OFFICER TITLE DATE NON-RESIDENT BIDDER CERTIFICATION CONTRACT NO.: PROJECT NAME: DATE OF LETTING: I hereby certify that I am an Iowa non-resident bidder. COMPANY NAME: CORPORATE OFFICER: TITLE: DATE: STATE/COUNTRY OF RESIDENCY: Stated below are the preference(s) to resident bidders in the state/country of (Preference to bidders, labor force, or other preferential treatment to bidders or laborers, etc. Revised February 2003 CONTRACTOR'S OR SUBCONTRACTOR'S AFFIRMATIVE ACTION PROGRAM Check box that applies to party completing program: ( ) General Contractor ( ) Subcontractor I. Section A to be completed by GENERAL CONTRACTORS only: A. Name of Company 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 - 1 - C. Remainder of program to be completed by party completing program, either Prime or Subcontractor. 1. The Owners and/or Principals of your company: — Ethnic Name Address Position Sex Origin 2. Other Areas of Interest: If your company has branches or subsidiaries, or if your company is a branch or subsidiary of a parent organization, give the following information: — Type of Name Address Affiliation Degree _ II. EMPLOYER'S POLICY (Please read carefully.)A. We, the undersigned, recognize that we are morally and legally committed to nondiscrimination in employment. Any person who _ applies for employment with our company will not be discriminated against because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap. — 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 opportunities for advancement, including training, upgrading, promotion, and transfer. However, we realize the inequities associated with employment training, upgrading, — contracting and subcontracting for minorities and women and we will direct our efforts to correcting any deficiencies to the maximum extent possible. The same will be required of our SUBCONTRACTORS and — suppliers. C. We submit this program to assure compliance with Executive Order — 11246, as amended, and other subsequent orders that may pertain to equal employment opportunity and merit employment policies, fully _ - 2 - 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. III. AFFIRMATIVE ACTION A. recognizes that the (Name of Company) effective application of a policy of 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 (Name of Company) following six (6) steps to improve our Affirmative Action Program: 1. Minority Recruitment and Employment; 2. Local Recruitment and Employment; 3. Disabled Veteran and Vietnam Era Veteran Recruitment and Employment; 4. Handicapped Recruitment and Employment; 5. Female Recruitment and Employment; and 6. Training, Upgrading and Promotional Opportunities. C. will take (Name of Company) whatever steps are necessary to ensure that our total work force has adequate minority, female, and local representation. We will utilize the following methods in our recruitment attempts: 1. Local advertising media (newspapers, radio, TV); 2. Community organizations (churches, clubs, schools); 3. Public and private institutions in the area (UNI, Hawkeye Community College); 4. Job Service of Iowa; and 5. Other. - 3 - D. will seek qualified minority, (Name of Company) female, and local group applicants for all job categories and will make asserted efforts to increase minority, female and group representation in occupations at the higher levels or skill and responsibility. E. All sources of employment used shall be aware that we are an Equal Employment Opportunity Employer. Labor organizations representing our employees will be notified of our Equal Employment Opportunity Policy and Affirmative Action Program. F, Training, upgrading, promotion and transfer activities at all levels will be monitored to ensure that full consideration has been given to qualified minority, female, and local group employees. G. will encourage other (Name of Company) companies with whom we are associated and/or do business, to do the same and we will assist them in their efforts. H. has taken the following (Name of Company) Affirmative Action to ensure that minority, female, local contractors and/or suppliers were provided opportunities to negotiate and/or bid on this project: (if none, write ,NONE") 1. 2. 1. 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 (Name of Company) Affirmative Action Programs from all nonexempt contractors who propose to work on this project and will take whatever steps are necessary to ensure that non-minority contractors have adequate representation of minority, female and local persons in their total work force. - 4 - K. In further accordance with rules and guidelines issued aursuant 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 (Name of Company) specific actions relative to recruitment, employment, training, upgrading and promotion and will provide the City of Waterloo with any information relative to same, including activities of our SUBCONTRACTORS and suppliers as necessary or when requested. M. Parity figures for companies located in Waterloo are as follows: Minority Parity = .08 (8%) N. Affirmative Acton (Name of Company) Employment Goals: The definition of Affirmative Action Goals is as follows: "Goals may not be rigid and inflexible quotas which must be met, but must be targets,. reasonably attainable by means of applying every good faith effort to make all aspects of the entire Affirmative Action Program work." For the year 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. 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 201_ 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). - 5 - CONTRACTOR'S TOTAL WORK FORCE (WATERLOO) HOURLY NAME AND ADDRESS JOB CATEGORY RACE SEX WAGE INDICATE: DISABLED VETERAN: DV VIETNAM ERA VETERAN: VV - 6 - HANDICAPPED: H 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: - 7 - By: Date: - 8 - DESCRIPTION OF JOB CATEGORIES 1. 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 kindred workers. 3. Technicians: Occupations which require a combination of basic scientific or technical knowledge and manual skill which can be obtained through specialized post-secondary school education and through equivalent on-the- job training. Includes: computer programmers and operations, draftsmen, surveyors, licensed practical nurses, photographs, radio operators, technical illustrators, police and fire sergeants and kindred workers. 4. Office/Clerical: Workers are responsible for internal and external communication, recording and retrieval of data and/or information and other paper work required in an office. Includes: bookkeepers, messengers, office machine operators, clerk-typists, stenographers, court transcribers, hearing reporters, statistical clerks, dispatchers, license distributors, payroll clerks and kindred workers. 5. Skilled Craft Workers: Workers perform jobs which require special manual skill and a thorough and comprehensive knowledge of the processes involved in the work which is acquired through on-the-job training programs. Includes: Mechanics and repairman, electricians, heavy equipment operators, stationary engineers, skilled machine occupations, carpenters, compositors and typesetters and kindred workers. 6. Sales Workers: Occupations engaging wholly and primarily in direct selling. Includes: advertising agents and salesman, insurance agents and brokers, real estate agents and brokers, stock and bond salesmen, demonstrators, salesmen and sales clerks, grocery clerks and cashier checkers, and kindred workers. 7. Operatives (semi-skilled): Workers who operate machine or processing equipment or perform other factory-type duties of intermediate skill level which - 9 - can be mastered in a few weeks and require only limited training. Includes: apprentices (auto mechanics), plumbers, building trades, metal working trades, bricklayers, carpenters, electricians, machinists, mechanics, printing trades, etc., operatives, attendants (auto service and parking), plasterers, chauffeurs, deliverymen and furnacemen, heaters (metal), laundry and dry cleaning operatives, milliners, mine operatives and laborers, motormen, oilers and greasers, (except auto painters), (except construction and maintenance), photographic process workers, stationary fireman, truck and tractor drivers, weavers, (textile), welders and flame cutters and kindred workers. 8. Laborers (unskilled): Workers in manual occupations which generally require no special training. Perform elementary duties that may be learned in few days and require the application of little or no independent judgment. Includes: garage laborers, car washers and greasers, gardeners (except farm) and groundskeepers, longshoremen, and stevedores, lumbermen, raftsmen and woodchoppers, laborers performing lifing, digging, mixing, loading and pulling operations and kindred workers. 9. Apprentices: Persons employed in a program including work training and related instruction to learn a trade or craft which is traditionally an apprenticeship, regardless of whether the program is registered with a Federal or State agency. 10. Trainees (on-the-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. - 10 - ITEMS OF POTENTIAL MBE/WBE PARTICIPATION NOTICE TO PROSPECTIVE BIDDERS: The following are items from the F.Y. 2014 ASPHALT OVERLAY PROGRAM, Contract No. 857, that have a potential for MBE/WBE Participation. This listing, however, is not intended to be all encompassing; to preclude MBE/WBE Contractors from bidding on any items of the Proposal as a Subcontractor or the entire Proposal as a Prime Contractor. DIVISION I -STREETS BID TOTAL ITEM DESCRIPTION UNIT QUANTITY 1 REMOVE AND RELOCATE E-1 INLET EACH 1.00 2 REMOVE AND REPLACE E-1-C EACH 9.00 (USE EXISTING CASTING) 3 REMOVE AND REPLACE INTAKE BOXOUT/E-1-C EACH 3.00 4 REMOVE AND REPLACE INTAKE BOXOUT/E-2-C EACH 1.00 5 FURNISH E-1-C INLET CASTING EACH 1.00 6 REM/REP RA INLET TOP EACH 1.00 7 REM/REP RA INLET TOP AND THROAT EACH 1.00 8 REMOVE AND REPLACE MH BOXOUT EACH 12.00 9 STORM SEWER, 10"TRUSS LF 44.00 10 RF-19C (RODENT GUARD) EACH 2O.00 11 REMOVE AND REPLACE SM/OR D/W, 6" PCC SF 746.00 12 REMOVE SIDEWALK SF ',736.10 13 SIDEWALK, 4" PCC SF 1,173.00 14 SIDEWALK, 6" PCC SF 605.10 15 SIDEWALK CURB SECTION LF 78.00 PEDESTRIAN RAMP DETECTABLE WARNING 16 SURFACE SF 154.00 17 TOPSOIL REMOVAL FROM PARKING SY 131.20 18 TOPSOIL SY 12.70 19 REMOVE AND REPLACE 24" C & G/6" PCC LF 40.00 20 REMOVE AND REPLACE 24" C&G/8" PCC LF 10.00 21 REMOVE AND REPLACE 24" C&G/9" PCC LF 74.00 22 FULL DEPTH PATCH, REM/REP 6" PCC SY 38.90 23 FULL DEPTH PATCH, REM/REP 9" PCC SY 30.60 24 REM/REP SANITARY SEWER, 8" TRUSS LF 10.00 25 REM/REP SANITARY SEWER, 10" TRUSS LF 4.00 26 SANITARY SEWER SERVICE, 6" LF 5.00 27 3/4" ROADSTONE TON 10.00 38 INLET UMAR EACH 32.00 40 UMARED CONCRETE ADJUSTMENT EACH 12.00 41 FURNISH AND INSTALL MANHOLE CASTING EACH 1.00 42 PAVEMENT SYMBOLS EACH 2.00 43 PAINTED PAVEMENT MARKINGS STA 341.78 44 TRAFFIC CONTROL LS 1.00 DIVISION 11 - PARKING LOT BID TOTAL ITEM DESCRIPTION UNIT QUANTITY 1 PAVEMENT REMOVAL SY 44.40 2 REMOVE AND REPLACE 24" C&G/9" PCC LF 22.00 3 CLASS 10 EXCAVATION CY 194.40 4 MODIFIED SUBBASE TON 341.20 6 D/W APPROACH, 6" PCC SY 22.00 7 FENCE REMOVAL LS 1.00 8 PAVEMENT MARKING STA 15.22 9 PAVEMENT SYMBOL EACH 12.00 10 TRAFFIC CONTROL LS 1.00 MBE/WBE GOALS FOR THIS PROJECT IMPORTANT: Prime Contract Bidders should be aware that ten percent (10%) MBE goal and a two percent (2%) WBE goal is attached to this project. "Certified Return Receipt" letters are no longer needed with the bid showing proof of contacting MBE or WBE Subcontractors, but the Pre-Bid Contact Information Form must be filled out completely. City of Waterloo Contract Compliance Officer: Contract Compliance Officer Community Development Board Carnegie Annex, Suite 202 620 Mulberry Street Waterloo, IA 50703 Phone: (319) 291-4429 SUBCONTRACTOR'S BID REQUEST FORM PRIME BIDDER'S LETTERHEAD Contract No.: Letting Date: I, (subcontractor's name), hereby attest that I have been solicited for a bid on (project name) in the area of (description of work and bid item no.). (Prime contractor) has informed me that if I am interested in bidding, a subcontracting bid proposal must be submitted to the company office by (date) and (time). Subcontractor's Company Name Date Subcontractor's Signature Date Prime Bidder's Signature LETTER TO BE USED WHEN SOLICITING FOR SUBCONTRACTOR QUOTES Subcontractor Company Name Address RE: Contract No.: Dear - (Prime Contractor's Company Name) is presently soliciting for the following work in connection with the above referenced project. (Insert bid Item Nos. and Description of Work) (Prime Contractor's Company Name) is an Equal Opportunity Employer, and all qualified bidders will not be discriminated against due to race, religion, color, sex, or origin. If interested in bidding your proposal must be turned in to this office by and (Date) (Time) Sincerely, (Prime Contractor's Representative) Form CCO- 3 (11/28/2001) LETTER OF INTENT TO BID (MBE/WBE LETTER) According to the Current MBE/WBE Contract Compliance Program - 2002, all MBE/WBE Contractors interested in submitting subcontractor quotes on construction projects with goals, MUST submit a LETTER OF INTENT TO BID to the City of Waterloo Contract Compliance Officer at least seven (7) days prior to bid opening. The LETTER OF INTENT TO BID must list the specific items which the MBE/WBE Contractor is interested in bidding. 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Cl- Q--0 - 0 cu c�i 0 -0 U c) v a) ui W I- o cn W CERTIFIED MBE / WBE CONTRACTORS CITY OF WATERLOO, IOWA M CONTRACT COMPLIANCE OFFICE Community Development Board Carnegie Annex,Suite 202 620 Mulberry Street Waterloo,Iowa 50703 i City WEB Site: www.ci.waterloo.ia.us Contract Compliance WEB Site for listing updates: http://www.cityofwaterlooiowa.com/contracteompliance Contact: Rudy Jones,Community Development Director Email: rudy.iones(&waterloo-ia.or$! Phone: (319) 291-4429 Fax: (319) 291-4431 ` \-t13( -fib 111 Certified Contractors List Pa(ge 1_ Of '; CERTIFIED MBE CONTRACTORS CARTER ELECTRIC 725 Adams Street Waterloo, 1A 50703 Phone: (319) 232-9808 — Pager: (319)235-4021 Contact: Derrick Carter Specializing in: ELECTRICAL CONTRACTOR CULPEPPER ELECTRIC 1731 Cottage Grove Avenue Waterloo, IA 50707 Phone: (319)235-0885 Fax: (319)236-8177 Contact: Martin Culpepper Certified: City of Waterloo Certified MBE, Licensed Electrician Specializing in: ELECTRICAL CONTRACTOR DANIELS HOME IMPROVEMENT 339 Albany Street Waterloo, IA 50703 Phone: (319) 961-1659 Contact: Sammy Daniels Specializing in: ALL TYPES OF CONCRETE FLATWORK, POURED WALLS—ALL TYPES, FOOTINGS, LIGHT DEMOLITION D.C. CORPORATION 426 Beech Street Waterloo, IA 50703 Phone: (319)493-3225 FAX: (319) 236-0515 Contact: Terry Phillips -- Certified: City of Waterloo Certified MBE, Iowa DOT, TSB Certified Specializing in: COMMERCIAL AND RESIDENTIAL DEMOLITION, CONCRETE PAVING, DRIVEWAYS, _ TRUCKING (ALL TYPES), GENERAL CONSTRUCTION Mf31 CBI:C'ertificd Contractors List _ Pace GREER'S WORKS 2003 Plainview Street Waterloo, IA 50703 Phone: (319)233-4701 Contact: Willie Greer Specializing in: -' DRIVEWAYS, SIDEWALKS, CARPENTRY, ROOFING, GENERAL CONSTRUCTION OLD GREER'S WORKS 2309 Springview Street Waterloo, IA 50707 Phone: (319) 233-2150 Contact: David L. Greer, Sr. Specializing in: ROOFING& GENERAL CONSTRUCTION QUICK CONSTRUCTION _ 217 Bates Street Waterloo, IA 50703 Phone: (319) 215-4166 Contact: Leroy Harrington Specializing in: ALL TYPES OF CONCRETE FLATWORK AND GENERAL CONSTRUCTION _ CERTIFIED WBE CONTRACTORS ATLAS PAINTING, INC.* 911 Sycamore Street P.O. BOX 65 -` Waterloo, IA 50704 Phone: (319) 232-9164 Specializing in: COMMERCIAL AND IND USTRIAL PAINTING MBE/WBI.'Certified Contractors List .— Page PETERMAN & HAES CARPET ONE* 4003 University Avenue Waterloo, IA 50701 Phone : (319) 233-6131 — FAX: (319)233-6133 email: JR11486(a�cfu.net Certified: City of Waterloo WBE �- Contact : Carol Reese Specializing in: FLOOR COVERING - WATCO CONSTRUCTION, INC.* 2920 Texas Street Waterloo, IA 50702 Phone : (319) 233-7481 Certified: City of Waterloo WBE Contact : Patricia J. Kimball Specializing in: —` STORM SEWER, INLETS, DRAIN TILE, WATER MAIN, SANITARY SEWER, INTAKE STRUCTURES NIBE;WBE Certified Contractors I,ist Pm,e 4 - 5 a OEL CONSTRUCTION SERVICES, INC.*# 21072 Y Avenue Steamboat Rock, IA 50672 Phone: 641-858-5090 Fax: 888-522-9307 Email: jenny@oelconstruction.com Certified: State and Federal Funded Projects Only Contact: Jenny Ingledue Specializing in: PUBLIC WORKS INFRASTRUCTURE NEW AND RENOVATION CONSTRUCTION * DENOTES WOMEN BUSINESS ENTERPRISE # DENOTES ELIGIBILITY FOR STATE AND FEDERAL FUNDED PROJECTS ONLY 1 1 MBE"WBE Certified Contractors List Page of 5 r STATEMENT OF BIDDER'S QUALIFICATIONS (To be submitted by the Bidder only upon the specific request of the City of Waterloo, Iowa.) All questions must be answered and the date given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of bidder. 2. Permanent main office address. 3. When organized. 4. If a corporation, when incorporated. 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.) 7. General character of work performed by your company. 8. Have you ever failed to complete any work awarded to you? If so, where and why? 9. Have you ever defaulted on a contract? If so, where and why? 10. List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. 11. List your major equipment available for this contract. 12. Experience in construction work similar in importance to this project. 13. Background and experience of the principal members of your crganization, including the officers. 14. Credit available: $ 15. Give bank reference: STATEMENT OF BIDDER'S QUALIFICATIONS PAGE 1 OF 2 PAGES 16. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the City of Waterloo, Iowa? 17. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City of Waterloo, Iowa, in verification of the recitals comprising this Statement of Bidder's Qualifications. Dated at , this day of .� 201 . (Name of Bidder) By: Title: State of ) ss: _ County of ) being duly sworn deposes and says that he is of (Name of Organization)and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this day of , 201 Notary Public My commission expires , STATEMENT OF BIDDER'S QUALIFICATIONS PAGE 2 OF 2 PAGES GENERAL SPECIAL PROVISIONS 1. SCOPE OF WORK The work covered by this contract consists of furnishing all labo-, equipment, and materials and performing all operations, in connection with the F.Y. 2014 ASPHALT OVERLAY PROGRAM, Contract No. 857, 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 January 27, 2014. They have the general title of F.Y. 2014 ASPHALT OVERLAY PROGRAM, Contract No. 857. The drawings are numbered and separately entitled as follows: Sheet No. Description 1 Title Sheet 2 Legend, Sheet Index 3 General Notes 4 - 5 Quantities 6 Tyhpical Sections 7 4t St. Overlay 8 4th St. & Ridgeway Ave. Sidewalk 9 4th St. & Ridgeway Ave. Sidewalk Tab 10 4th St. & Kent Cir. Overlay 11 4th St. & Kent Cir. Sidewalk Tab 12 Airport Blvd. Overlay 13 Ashland St. & Bryant Ave. Overlay 14 Ashland Ave. & Parker St. Sidewalk 15 Ashland Ave. & Parker St. Sidewalk Tab 16 Hanna Blvd. & Kern St. Overlay 17 Kern St. & Oakland Ave. Sidewalk 18 Kern St. & Oakland Ave. Sidewalk Tab 19 Kern St. & Leonard Ave. Sidewalk 20 Kern St. & Leonard Ave. Sidewalk Tab 21 Kern St. & Leonard Ave. Sidewalk Tab 22 Kimball Ave. Overlay 23 Lark Ln. & Olympic Dr. Overlay 24 Maplewood St. & Norwood Ave. Overlay 25 Newell St. Overlay 26 Poplar Ave. Overlay 27 Sheridan Rd. Overlay 28 Vaughn St. & Whittier Ave. Overlay 29 Pavement Marking Tabulation 30 Parking Lot Removals 31 Parking Lot Paving GENERAL SPECIAL PROVISIONS CONTRACT NO. 857 Page 1 of 5 Sheet No, Description 32 Parking Lot Stall Layout 33 — 37 Sidewalk Ramp Details 38 E Inlet Detail The standard specifications of the City of Waterloo are to be used along with the special provisions described herein and shall be considered as part of the contract documents. 2. CONFLICTING SPECIFICATIONS All requirements of other specifications contained in the contract documents which conflict with the provisions of the special provisions will be considered void. 3. DUMPING AREAS Excess material resulting from construction operations shall be hauled to the County Landfill or other area secured by the Contractor and approved by the City Engineer. Rubble, rubbish, trees, brush, and other unsuitable backfill material, as designated by 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 he 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. GENERAL SPECIAL PROVISIONS CONTRACT NO. 857 Page 2 of 5 7. MAILBOXES 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. 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. 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. GENERAL SPECIAL PROVISIONS CONTRACT NO. 857 Page 3 of 5 12. PRE-CONSTRUCTION CONFERENCE Before any work is started, the Contractor shall arrange with the City Engineer to hold a pre-construction conference to discuss problems and schedules of contracts. 13. UNDERGROUND UTILITIES It is the responsibility of the Contractor to obtain the location of gas lines, water lines, electric, telephone, and cable television cables or wires from the various utility companies and the City electrician before starting any excavation. The Contractor shall be responsible for any damage to any underground utilities. The Contractor shall expose those utilities indicated on the plans so that elevations may be determined before beginning construction. This work shall be considered incidental to other items of work. If the Contractor believes that additional costs have been incurred due to a utility being improperly located, the resolution of the additional costs incurred shall be made between the Contractor and the respective utility company. 14. TRAFFIC SIGNS AND STREET SIGNS 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. 15. 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. GENERAL SPECIAL PROVISIONS CONTRACT NO. 857 Page 4 of 5 SPECIAL PROVISIONS CONCRETE AND ASPHALT PAVEMENTS; DRIVEWAYS AND SIDEWALKS 1. PAVEMENT MATERIAL A. PORTLAND CEMENT CONCRETE 1. Pavement, Curb & Gutter, Driveways and Sidewalk: Air-entrained pavement Mix No. A-4, C-4 or M-4 with Class II Aggregate. (Class C) Fly ash, in accordance with IDOT 2301.04, Paragraph E, is permitted. Ground granulated blast furnace slag, in accordance with IDOT 2301.04 Paragraph F is permitted. 2. Structural: Air-entrained Mix No. C-4 or M-4. (Class C) Fly Ash and ground granulated blast furnace slag, in accordance with IDOT 2403.03, Paragraph D is permitted. B. HOT MIX ASPHALT: SUDAS Division 7, Section 7020 shall apply with the followirg revisions: 1. City of Waterloo "Standard Specifications for Municipal Public Works Construction" General Specifications for Construction shall be used in lieu of"General Provisions & Covenants" Division I. 2. Specific References to Base Widening do not apply to Full Depth Construction on this project. 3. 1.02.13.2: Table 7020.01 will be modified by the following: a. Surface Course: HMA - 1 M, 3M or 10M ESALS, S Y2", No friction required PG 58-28 for 1 M ESALS, PG 64-22 for 3M and 10M ESALS 1 M ESALS will be 60% crushed particles 3M and 10M ESALS will be 75% crushed particles Type A Aggregate only b. Intermediate Course(s): HMA — 1 M, 3M or 10M ESALS, 1 1/4" PG 58-28 for 1 M ESALS, PG 64-22 for 3M and 10M ESALS 1 M ESALS will be 60% crushed particles 3M and 10M ESALS will be 75% crushed particles Type A Aggregate only SPECIAL PROVISIONS CONTRACT NO. 857 Page 1 of 20 4. 1.05.B: No unclassified RAP will be allowed. Classified or Certified RAP will only be allowed, no unclassified RAP will be allowed in the production of HMA. Allowable percentage of RAP in the mix will be as shown in IDOT table 2303.02-1 with the _ following exception: RAP will not be allowed in the surface course. 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 Classified or Certified. 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 or Certified 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 and will not be used in the production of HMA. Classified or Certified 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 Classified or Certified RAP in the HMA mixture, the contractor will provide documentation for the Classified or Certified status of the RAP to be used. 5. 1.05.C: Any HMA removed shall be property of the contractor. - 6. 2.02: Use of warm mix asphalt (WMA) is not allowed. 7. 2.03.A No unclassified RAP will be allowed. 8. 2.03.B: No recycled asphalt shingles (RAS) will be allowed. 9. 3.01.C2: Tack coat will be required per lift in this section. 10. 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 of 94%. 11. 3.06.A.2: The City will not prepare the mix designs. The Contractor will have mix designs approved by the MOT or independent lab. Any HMA produced prior to submittal of JMF's and material certifications will not be paid for. 12. 3.06.A.3.b.1: Binder will be accepted based on suppliers shipment certification. SPECIAL PROVISIONS CONTRACT NO. 857 Page 2 of 20 - 13. 3.06.A.3.b.6: No split samples for agency correlation are required. 14. 3.06.B.3: Will be modified as follows: Density for all streets will be a minimum of 94% and testing shall be as described in SUDAS Section 7020, Paragraph 3.06, B. In addition, the contractor will be required to take cores on streets and determine an appropriate lot. The lot may contain different streets (testing the same layer) from the same project or different stages of the same street (testing the same layer) or some combination that will give the contractor an appropriate amount of tonnage and cores to test. The "AAD for Laboratory Air Voids" will be determined for the lot and a pay factor will be applied as shown in IDOT Section 2303.05, A.3.a.2. The "Average Field Voids" will be determined for the lot and a pay factor will be applied as shown in IDOT Section 2303.05, A.3.b.3. 15. Maximum compacted thickness of any lift will be three (3) inches. 16. 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 prior to the placement of the next layer of HMA. The Engineer may waive this requirement. 17. Separate payment for asphalt binder will not be made 18. PWL will not be used to determine pay adjustments. 2. PAVEMENT SCARIFICATION Iowa DOT Specification Section 2214 will apply to work involved in this item. The materials salvaged from the pavement scarification will become the property of the Contractor. Pavement scarification will be paid based on the contract price per square yard. At the direction of the Engineer after pavement scarification has been completed on some streets, the Contractor will be prepared to place asphalt binder within 18 hours. Unless approved by the Engineer, through traffic will not be allowed on the milled surface. The Contractor will construct temporary ramps at the location where a wedge has been milled, at vertical butt joints or other locations where a vertical drop-off exists as directed by the Engineer. Mill thicknesses for streets are shown in the typical sections in the plan set. SPECIAL PROVISIONS CONTRACT NO. 857 Page 3 of 20 3. CRACK AND SEAT IDOT Specification 2216 will apply. The roller gross weight required may be less than 50 ton depending on a field determination of the subgrade soil conditions at the time the crack and seating operations are done. Immediately following the crack and seat operation and before opening to through or local traffic, the Contractor will proceed with surface and other patching necessary to make the street safe for traffic. The crack and seat machine will stay a minimum of five (4) feet from the back of the curb during cracking operations. Payment for cracking and seating of concrete streets will be on a square yard basis. 4. EXISTING PAVEMENT SECTIONS The following list of pavement sections are being included for the Contractor's information. This has been based on cores taken by the City. The City does not guarantee pavement sections in areas other than the location of the core. This information shall not constitute a basis for additional compensation if conditions are found to be different in other areas. STREET LOCATION OFFSET ACC 1 SHERIDAN RD. 800 BLK 5.3 N. 7.5" 5. LIMITS OF PAVEMENT SCARIFICATION AND OVERLAY Limits of pavement scarification and overlay are shown on the plans and in the Typical Sections sheet of the plans. Actual limits will be marked in the field by the Engineer. 6. MEETING EXISTING PAVING When meeting existing paving, the Contractor will scarify the existing paving at such locations as indicated as per the detail in the plans ("Mill Wedge" bid item). When meeting existing railroad tracks or asphalt paving (not paid as a "Mill Wedge" bid item), the Contractor will remove material to obtain at least a two (2") inch vertical joint at the mud rail or at locations as shown on the plans. See "Pavement Scarification" Special Provision regarding temporary ramps. 7. DRAINAGE The Contractor will be responsible to maintain proper drainage along the streets. If any water pockets occur that are caused by the contractor's operations, the Contractor will be required to correct them. - SPECIAL PROVISIONS CONTRACT NO. 857 Page 4 of 20 8. MINIMUM-WIDTH PASSES FOR CERTAIN STREETS On streets where the total width of the overlay is thirty feet (30') or less, the Contractor will be required to place the asphalt in two (2) passes, thereby creating one (1) joint at the centerline of the street or one (1) pass if equipment is capable of paving full width with proper cross slope. 9. INTERSECTING STREET FILLETS At intersecting streets, fillets will be carried approximately eight feet (8') from the edge of the full-depth overlay at the edge of the street. This distance may be adjusted in the field as directed by the Engineer in order to maintain proper intersection drainage. 10. DETECTABLE WARNING SURFACES Detectable warnings shall be placed at all new or reconstructed sidewalk accessibility ramps and placed in accordance with the design plans for that particular style of ramp. All detectable warning surfaces placed shall consist of truncated domes aligned in a square grid pattern, manufactured in accordance with the current ADA detectable warning regulations, and be installed per the manufacturer's specifications. The detectable warning surfaces shall be cast iron. Contractor will be required to install 2'x2' and 2'x3' sections on sidewalk ramps that are 5 feet wide. Contractor will be required to install 2'x3' and 2'x3' sections on sidewalk ramps that are 6 feet wide. Approved Vendors: Cast Iron • MetaDome, LLC — MetaCast • EJ Group, Inc. — Detectable Warning Plates • Neenah Foundry Company Details are included in the plans indicating the estimated limits of sidewalk removal and replacement to meet ADA requirements. All excavation required construct/reconstruct sidewalk ramps and adjacent sidewalk is considered incidental to applicable items. 11. SIDEWALK CURB SECTION Sidewalk curb sections will be required along sidewalks where the grade between the sidewalk and property line is impractical to grade. The contractor will build the sidewalk and the curb section together, pinning the curb on after the sidewalk is completed will not be allowed. The contractor will install curb on top of the sidewalk, along the length of sidewalk shown in the plans or as directed in the field by the engineer. The sidewalk will taper from nothing to a maximum of eight inches high. Anything over this height will require a separate retaining wall to be built and paid under a different bid item. Payment will be full compensation for all SPECIAL PROVISIONS CONTRACT NO. 857 Page 5 of 20 labor, materials and equipment required to construct the curb section on the sidewalk. 12. RECYCLED ASPHALT PAVING Recycled asphalt paving is included as a bid item for use as granular shoulder material. RAP will be used to construct Type A granular shoulders meeting the requirements of IDOT Section 2121, except that 100% RAP shoulders are allowed. For the number of tons of RAP placed on the shoulder, the Contractor will be paid the contract unit price per ton. This payment will be full compensation for furnishing all materials, including RAP and water, furnishing all equipment, compaction of RAP material and all tools and labor necessary to construct the shoulder. No additional payment will be made for flagging, pilot cars or barricading needed to complete the onstruction of the shoulders. 13. 3/4" ROADSTONE Roadstone used in this contract will comply with IDOT Standard Specification Section 4120.04 and Section 4109, Gradation No. 11. The City will perform the standard proctor tests, if needed. The 3/4" ROADSTONE item is to be used for subgrade material behind the walk in alleys or other areas as directed by the Engineer. 14. TIE BARS AND DOWELS Tie bars will be replaced at all longitudinal joints, whether existing or created by a new saw cut edge at a patch. These will be considered incidental to the patch. Tie bars will typically be placed at 30 inches center-to-center. No. 4 bars will be used for paving thicknesses less than 8" and No. 5 bars for 8" and thicker paving. Dowels and tie bars (RT and RD) will typically be placed at 12 inches center-to- center. Measurement will be based on lineal foot of transverse joint where required and payment will be based on the unit price per lineal foot. No. 6 dowels/bars will be used for paving thickness less than 8" and No. 10 dowels/bars used for 8" and thicker paving. 15. COLD WEATHER PROTECTION FOR CONCRETE PAVING CURB AND GUTTER, SIDEWALKS AND DRIVEWAYS Cold weather protection as required will be incidental to applicable bid items. 16. CURING COMPOUND APPLICATION The bid item unit price for the construction of the item will be reduced 25 percent for areas receiving less than specified coverage or late application of curing compound This applies to all PCC items. SPECIAL PROVISIONS CONTRACT NO. 857 Page 6 of 20 17. HOT-WEATHER CONCRETING If water is added at the jobsite to compensate for loss of slump or workability during hot weather, a plant ticket will be required for each load. This plant ticket will indicate the maximum amount of water that can be added per the maximum w/c ratio in accordance with Iowa Department of Transportation Standard Specifications. 18. HMA SURFACE PATCHES HMA Surface Patches will comply with IDOT Specification 2212, Some areas have been previously patched with cold mix material. As part of the Surface Patch bid item, the cold mix material will be removed, the location cleaned, tacked and hot mix asphalt placed and compacted. 19. REMOVE AND REPLACE 18", 24" OR 30" WIDE, 6", 7", 8", 9" CURB AND GUTTER Curb and gutter removal will be as shown on the plans or as directed in the field by the Engineer and will be based on a linear foot basis. The Contractor will be responsible for disposal of removed materials. All curb and gutter will be sawed before removal where directed by the Engineer. All sawing is considered incidental to this item. The Contractor will be required to install two (2) #4 Bars, 24" long on each end of the curb and gutter. Installation of bars is incidental to curb and gutter replacement. If the curb and gutter is broken beyond the saw cut during the removal operations, it will be re-sawed to obtain a straight line joint as directed by the Engineer before replacement is made. All additional curb and gutter removed and replaced due to negligence by the Contractor will be considered incidental to this item. All curb and gutter will be sealed, including the face and topof curb. All sealing will be incidental to this item. The Contractor will use care in the curb and gutter removal to minimize disturbance of the parking area behind the curb. A maximum of two (2) feet behind the curb may be disturbed. Four (4) inches of topsoil will be placed at locations disturbed by excavation or grading operations as directed in the field by the Engineer. The Contractor may use existing topsoil to restore parking. Additional topsoil, which is required to complete the work, but is not available on the job, will be furnished by the Contractor. The Contractor must furnish all topsoil material. All topsoil material must be approved by the Engineer prior to its placement. This work will be considered incidental to applicable items. The Contractor will also use extra care for curb and gutter removal and construction at driveways and approach walks. If areas of decorative rock, etc., are encountered, the material will be carefully removed, stored on site and restored to a condition equal to or better than that which was existing prior to construction. 20. SIDEWALK AND DRIVEWAY APPROACH REMOVAL Where sidewalk and driveway approaches are to be removed, they must first be sawed full depth with a concrete saw at the line designated by the Engineer before the removal is started. If the concrete or asphalt is broken or damaged beyond the SPECIAL PROVISIONS CONTRACT NO. 857 Page 7 of 20 sawed line during removal operations, it will be re-sawed to obtain a straight-line joint before replacement concrete or asphalt is placed. All additional concrete or asphalt removed and replaced due to negligence by the Contractor will be considered incidental to this item. The Contractor will use extra care in removal to avoid disturbance or damage to adjoining sidewalk. All saw cutting will be considered incidental to applicable items. 21. HMA PATCHING: FULL DEPTH PARTIAL AND SURFACE All patches will be completed at least four (4) hours before asphalt binder is placed. Patching that is done less than eight (8) hours ahead of the paving operation will be paid as Intermediate '/" Mix. 22. FULL-DEPTH PATCH 6" 7" 8" AND 9" P.C.C. These items involve removing and replacing deteriorated concrete adjacent to boxouts or at isolated sites in the streets included in this contract. Concrete pavement removal will be as directed in the field by the Engineer and will be based on a square yard basis and will include curb and gutter removed. All pavement will be sawed a minimum of four (4") inches with a concrete saw at the line designated by the Engineer before the removal is started. If the concrete is broken or damaged beyond the sawed line during removal operations, the concrete will be re-sawed to obtain a straight-line joint before replacement concrete is placed. All additional concrete removed and replaced due to negligence by the Contractor will be considered incidental to this item. The Contractor will use extra care in removal to avoid disturbance or damage to adjoining pavement. After the concrete is removed, the exposed subgrade will be shaped and compacted to a firm, unyielding condition with a vibratory compactor. Any low areas will be brought to proper subgrade elevation by placing and compacting 3/4" road stone to 95 percent (95%) Maximum Density. The patch will have the same thickness and curb shape of the concrete removed. When only the quarter width of the street is to be patched, a "BT" joint will be constructed at the longitudinal joint. Where the full width of the street is to be patched, a "KD"joint will be constructed at the centerline longitudinal joint. After the patch has been finished and the water sheen has disappeared from the surface, the concrete will be covered with white-pigmented curing compound or emulsion as directed by Engineer. Some patches may require contraction joint saw cuts to match existing joints. When the patch has cured for a minimum of thirty-six (36) hours and all joints have been sealed, the patch may then be opened for traffic. All costs for sawing, sealing, curing, "BT', "L" and "KD"joints are considered incidental to this bid item. SPECIAL PROVISIONS CONTRACT NO. 857 Page 8 of 20 _ EARTHWORK, SUBGRADE AND SUBBASE 23. TOPSOIL REMOVAL FROM PARKING This bid item relates to the need to remove the build up of soil between the sidewalk and the street. The thickness of the build up varies. After removal to a straight line between the front of the sidewalk to the top of curb or street, the existing soil shall be scarified/loosened to a depth of 4". The areas for this item will be identified on the project. The work for this item will be paid on a square yard basis. The area measured will not include the area backfilled behind the curb and will not be paid until the scarifying is completed. 24. TOPSOIL PLACEMENT Four (4") inches of topsoil shall be placed at locations disturbed by excavation or grading operations as directed in the field by the Engineer. The Contractor may use existing topsoil to restore the parking area. Additional topsoil that is required to complete the work, but is not available on the job, shall be furnished by the Contractor. The topsoil shall be free of deleterious materials such as rocks, bricks, stones, roots, or other debris. The topsoil shall be compacted, shaped and raked to provide a suitable seed bed as directed by the Engineer. All topsoil material must be approved by the Engineer prior to its placement. Topsoil placement will be incidental to applicable items. SEWERS AND STRUCTURES 25. FURNISH AND INSTALL MANHOLE CASTING (RING AND COVER) Broken manhole frame and cover castings shall be transported to location(s) designated by the Engineer. Replacement manhole frame and covers shall be Neenah R-1642 or approved equal and shall be installed and grouted as directed in the field by the Engineer. Only those broken castings authorized by the Engineer shall be replaced per bid item "FURNISH AND INSTALL MANHOLE CASTING." Castings broken due to the negligence of the Contractor shall be replaced by the Contractor at the Contractor's expense. 26. REMOVE AND REPLACE SANITARY SEWER This item shall apply to locations in the project where "spot repairs" are required. These locations require using pipe, which has the same inside diameter as the existing and the flowlines of new and old pipe match, unless otherwise approved by the Engineer. The Contractor shall remove existing sanitary sewer and replace with new sanitary sewer pipe including reconnection of existing sanitary house services and any adjustments or alterations to the water services as they are encountered. Collar(s) required at any existing to new pipe connections or at manholes shall be incidental to this item. SPECIAL PROVISIONS CONTRACT NO. 857 Page 1) of 20 The Contractor shall remove and replace that portion of the existing house services as they are encountered by the limits of excavation, as shown on the plans and as directed in the field by the Engineer. If any existing water services are damaged or broken while performing work under this item, renewal shall be at Contractor's expense. Any adapters, fittings, concrete collars, etc., required for connection of existing house services to the new sanitary sewer, as approved in the field by the Engineer, shall not be measured for separate payment, but shall be considered incidental to applicable items. Where the new service line meets the existing, the Contractor shall install a FERNCO (or equal) coupling and construct a concrete collar. The length of sanitary sewer service pipe replaced shall be paid under the sanitary service pipe bid item. The collars are considered incidental to the service pipe. Backfill of the coupling and collar shall not occur until the concrete collar has hardened sufficiently to prevent deformation of the concrete. Provisions shall be made for maintaining sewerage flow in all "upstream" sections of the system by diverting the flow into the new sanitary main. No separate measurement for payment will be made for said work and it shall be considered incidental to applicable items. Should the Engineer determine that the excavated material is not suitable for backfill of the excavation, the material shall be disposed of and replaced with approved backfill material obtained by the Contractor. Payment for the work of disposing of this unsuitable material, obtaining approved backfill material, trucking of the material, placing the material and compacting of the material, shall be paid under "SPECIAL SUBGRADE MATERIAL". 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 from another source, which shall be paid under "SPECIAL SUBGRADE MATERIAL". 27. STORM SEWER INLETS, TYPE E-1-C, E-2-C, E-3-C, AND MODIFIED E-1 AND E-2; MANHOLES, TYPE "A", RA-49; SW-513; SW-402 Unit bid prices for these inlets will include removal of the existing inlet, excavation, furnishing all labor and materials, backfilling and all other work necessary to complete the structure as detailed on the plans. The Contractor will be responsible for replacement and for the cost of any casting that is damaged due to his operations or handling. Contractor will install the IDOT RF-19C rodent guards for drain the connections to inlets (as necessary) and install perimeter rock as shown on the inlet detail, unless otherwise directed by the Engineer. The rodent guards will be placed and poured into the intake walls at the time of the inlet construction and not collared in at a later time. Contractor will also construct a P.C.C. boxout at each inlet. Costs for installing the RF-19C rodent guards will be paid under the appropriate bid item. SPECIAL PROVISIONS CONTRACT NO. 857 Page 10 of 20 The Contractor will remove and replace storm sewer pipe as necessary to construct the inlet. The footings will be reused, when possible, if the depth from street to top of footing is greater than or equal to 46". The Contractor will exercise reasonable care when removing inlets to minimize potential damage to the existing footing. Inlets may be backfilled four (4) days after being poured with C-4 mix and after two (2) days with M-4 mix. The forms may be removed after 12 hours with interior bracing being put in immediately after the forms are removed. The interior bracing will be left in place until the concrete is four (4) days old using M-4 mix and seven (7) days old using C-4 mix. Boxouts will be left 1/2" ± 1/4" lower than adjacent paving, when the street will not be overlayed. Except for the porous backfill at the lower 12", the backfill placed will be Granular Subbase. Inlet boxouts on all streets will be left 1-1/2" higher, plus or minus, than the surrounding pavement to accommodate an asphalt overlay to follow. The use of inside forms to set inlet castings to the correct height will be required. 28. REMOVE AND REPLACE BOXOUTS: E-1-C INLET; E-2-C INLET: E-3-C INLET; RA INSERTS AND TOPS These bid items involve removing and replacing concrete boxouts around castings of sanitary and storm sewer manholes and inlet structures. The Contractor will remove the existing boxout and casting from the structure, remove the concrete from the casting, reset the casting to the proper elevation using non-shrink mortar and if required, additional concrete adjustment brick for inlets or spacer rings for manholes. The cost of providing adjustment brick and spacer rings will be considered incidental to this item. Inlet boxouts on all streets will be left 1-1/2" higher, plus or minus, than the surrounding pavement to accommodate an asphalt overlay to follow. The use of inside forms to set inlet castings to the correct height will be required. After the structure casting has been reset, the subgrade under the boxout will be shaped and compacted to a firm, unyielding condition with a vibratory compactor. Any low areas will be brought up to proper subgrade elevation by placing and compacting 3/4" road stone to 95 percent (95%) Maximum Density. Prior to pouring the new boxout, expansion material will be installed around the perimeter of the boxout--1/2 inch (1/2") for manholes and 1 inch (1") for inlets. Concrete used will be M-4 mix with or without Calcium Chloride. After the boxout has been finished and the water sheen on the surface has disappeared, the concrete will be covered with white-pigmented curing compound. When the concrete has cured for a minimum of thirty-six (36) hours and the expansion joint has been sealed, the boxout may then be opened for traffic. Any damages to the casting or structure caused by the Contractor's operations will be the Contractor's responsibility. All structures and castings included in this SPECIAL PROVISIONS CONTRACT NO. 857 Page 11 of 20 contract have been inspected and are considered to be in sound condition. If the Contractor believes a casting or structure is in poor condition or already damaged, the Contractor will notify the Engineer prior to removing the boxout. 29. CASTING ADJUSTMENTS STORM SANITARY WATER MANHOLE AND INLET This item involves the adjustment of existing castings and castings furnished under the "Furnish Manhole Ring and Cover bid item in the streets to be overlaid. This work will conform to IDOT Specification 2303, and the detail included in the Project Plans. All material removed as a result of adjusting a casting will be replaced by hand and mechanically compacted in place. Measurement and Payment will be on a per each basis. If a boxout exists, the boxout will be removed and replaced with P.C.C. as per the detail included in the project plans. Th Some castings may be adjusted using an approved adjustment ring, U.M.A.R. or approved equal. Actual type of adjustment required will be determined in the field. This work will be paid on a per each basis. Castings located in full-depth patch areas will be adjusted as part of the full-depth patch work and will not be paid separately as a Casting Adjustment. Casting adjustments for water valve manholes or road boxes are included. The Contractor will review the condition of all castings and road boxes with representatives from the City and Water Works prior to work beginning on the project. This review will be made to determine which replacement castings will be supplied by the Waterloo Water Works. If an existing manhole ring and cover is worn or broken, the Waterloo Water Works will supply a new manhole ring and cover. Water valve road boxes will be adjusted by installing road box inserts supplied by the Waterloo Water Works. The cost to install the inserts will be considered incidental to "Casting Adjustment, Water Manhole." t 30. INLET UMARS Inlet Umars will be from American Highway Products, LTD. Contractor will install inlet umars per manufacturers recommendations. The Contractor and the City will work together to measure inlet umars prior to ordering. 31. STORM SEWER, 10" TRUSS There may be locations within the project where new inlets or manholes are to be reconstructed where existing 10" RCP exists. Since 10" RCP is no longer an item provided by suppliers in this area, where existing pipe cannot be reused, 10" truss pipe will be used for the connections between existing 10" RCP and new structures along with the construction of a Type C-1 (IDOT RF-2) Collar at the joint between the two types of pipe. If the truss pipe can reconnect at an existing bell of the RCP, a C-1 Collar may not be required. Quantities will be measured and paid for uder Storm Sewer, 10" Truss bid item. Cost for constructing a C-1 collar will be incidental to the Storm Sewer, 10" Truss bid item. SPECIAL PROVISIONS CONTRACT NO. 857 Page 12 of 20 CONSTRUCTION SEQUENCING AND STAGING 32. ORDER OF CONSTRUCTION The following will be the order of construction items unless otherwise approved by the Engineer: PHASE WORK TO BE COMPLETED 1 Other Preparation Work: Curb and Gutter Sidewalk Intake Boxout Construction Intake Reconstruction Manhole Construction 2 Notification of Property Owners and Businesses 3 Cut Wedges, Crack and Seat 4 Pavement Scarification 5 Full Depth Patching and Surface Patching 6 Surface Preparation 7 Binder Course 8 Structure Adjustments, Manhole Boxout Construction 9 Surface Course Closing of associated streets with proper barricading and detour signing will occur at the appropriate time in the above phases. 33. ACCESS TO PROPERTIES The intent of construction staging is to maintain access to businesses, schools, churches, apartments, etc. Other staging proposals submitted by the Contractor will be considered as long as adequate access is maintained. The Contractor shall make every effort to minimize the amount of time that access to private properties and driveways is blocked. To allow businesses the opportunity to arrange alternate directional signing for customers, the Contractor shall inform businesses ten (10) days in advance of the anticipated street closing. In cases where residential ingress-egress is limited by the Contractor's operations, he shall give the property owner involved at least 36 hours notice. The contractor shall provide the Engineer with a copy of the notice (see order of construction) mailed or delivered, the date of mailing or delivery, and a list of addresses, properties, or persons contacted. Those streets with staging indicated on the plans shall be constructed so that not more than one stage is closed at a time (unless otherwise noted). The stage closed for construction shall be completed prior to the subsequent stage being closed. SPECIAL PROVISIONS CONTRACT NO. 857 Page 13 of 20 The following street(s) shall be completed during the school break from June 4 — August 3 d: Kimball Avenue The following streets shall be staged as follows: W. 4th Street — one lane of traffic in each direction will be maintained during construction. The use of flaggers and or a pilot car will be required. Access will be maintained to the following streets during construction: Kent Circle and Patrick Court. Airport Blvd. — one lane of traffic will be maintained during construction. Kimball Avenue — one lane of traffic in each direction will be maintained during construction. The use of flaggers and or a pilot car will be required. The overlay will be completed during the summer school break, June 9 — August 4. Olympic Drive — the intersection of Olympic Drive and Inverness Road will need to be watered to allow for access to the golf course. Newell Street - one lane of traffic in each direction will be maintained during construction. The use of flaggers and or a pilot car will be required. Access will be maintained to the Hazmat Center at all times during construction. Vaughn Street — access to the parking lot and adjacent business will be maintained during construction. The overlay will be completed during John Deere shutdown, August 4 —August 15. Bryant Avenue, Maplewood Street, Norwood Avenue, Poplar Avenue and Whittier Avenue — the contractor will not be allowed to place surface mix on more than two streets during any 24 hour period. PAYMENT. LIQUIDATED DAMAGES AND PENALTIES 34. TRAFFIC CONTROL The Engineer, or authorized representative, shall periodically review traffic control that has been put in place by the Contractor. If traffic control devices are found to be without proper maintenance, penalties shall be assessed. Improper maintenance shall include, but not be limited to, the following situations: A. Less than 100 percent of lights in working order. B. Any barricade or sign moved or tipped over. C. Fencing not supported in a vertical position. D. Fencing not placed around excavations when workers/equipment are not working at the location. E. Lack of proper barricades or signage. Each incident is treated as a separate citation on an individual basis. It is not intended that minor deficiencies be price adjusted if corrected the day notification SPECIAL PROVISIONS CONTRACT NO. 857 Page 14 of 20 is given. In addition to a price adjustment, the Engineer may suspend work for irresponsible and/or repeated failure to construct the project using proper traffic control procedures. Penalties: 1st Offense Written warning given by City. 2nd Offense $ 100 3rd Offense $ 250 4th Offense $ 500 5th Offense $1,000 6th Offense Engineer's discretion (amount or more equal or greater than $1,000) 35. LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the specified contract period, plus authorized extensions, the Contractor shall pay to the City Liquidated Damages in the amount of $500.00 per day, for each day, as further described herein, in excess of the authorized time. Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that the Contractor does, or could have worked from Monday through Saturday. Sundays will be counted only if work is performed. Partial working days will be considered as a full working day. Days not chargeable for Liquidated Damages will include rain days, Sundays if no work is done, and legal holidays. Working days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work, the Contractor shall submit to the Engineer in writing a request that working days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering and contract administration. 36. UNAUTHORIZED USE OF PAVING If the Contractor, any of his subcontractors, or any other motorist drives any unauthorized vehicles or equipment on the paving before it has reached its specified strength and/or age, the following will be required of the Contractor: A. If, in the opinion of the Engineer, the paving has been damaged to the extent of surface indentations being visible, stress cracks or loss of strength due to SPECIAL PROVISIONS CONTRACT NO. 857 Page 15 of 20 cracking, panels in the affected area(s) will be removed and replaced at Contractor's expense. B. If no visible signs of damage are present, a decrease change order will be issued. The amount of the decrease change order will be determined by a percentage of the cost of total removal and replacement of the effected area(s). The amount will be the percentage proportional to the cure time remaining before authorized opening. (If paving requires a seven-day cure time and unauthorized Contractor traffic has driven on the paving on the fifth day, 2/7 of the total replacement cost will be assessed for the area affected. If the maturity method is used, the amount will be based on the strength curve and the strength at time of unauthorized use compared to opening strength required.) 37. RAIN/SNOW DAMAGED CONCRETE Areas not covered when raining or snowing conditions exist will receive a 5 percent deduct even if no damage is visible. If aggregate is visible, there will be a 10 percent deduct. If cement/water paste is washed from aggregate and/or troughs have occurred in the concrete, 15 percent deduct, patching or full removal and replacement, as determined by the Engineer, of the damaged area will be required. See IDOT Construction Manual Chapter 2, Section 2.53.132c for additional description of damage. Refinishing the surface to eliminate these conditions will not constitute an acceptable product. Tempering the surface of the paving with water to enhance finishing operations will be considered the same as rain. If further deterioration occurs within the two-year maintenance bond period, additional correction will be required. MISCELLANEOUS 38. HAUL ROUTES Haul routes to and from the project site will be submitted for review by the Engineer. In general, the Contractor will request haul routes over the main streets in the area, staying on streets within the project as much as possible and should not include truck-embargoed streets. 39. MATERIAL STORAGE The construction area must be kept clear of all materials and equipment except those that are in use at any given time. Excess materials and equipment must be stored in an area approved by the Engineer, prior to being placed there. SPECIAL PROVISIONS CONTRACT NO, 857 Page 16 of 20 40. HOT LOOP DETECTORS On all streets with traffic detector loops or pucks, the contractor is required to contact the City of Waterloo Traffic Operations Department seven days prior to beginning work. In order to allow them to change the operations of the traffic signals. The contractor is also required to contact the City of Waterloo Traffic Operations Department two days prior to paving operations to allow for the installation of new traffic detector loops. 39. ARTIFICIAL LIGHTING No artificial lighting will be allowed during construction of this project. 40. ROCK DRIVEWAYS Existing rock in existing driveways shall be salvaged for reuse where possible. Drive area disturbed by excavation work shall be rocked to a depth of six (6") inches. After placement of existing rock and/or new rock, the drive area shall be compacted as approved in the field by the Engineer. 41. QUANTITY ADJUSTMENTS The following Bid Items are exempted from consideration under the provisions of Section B. "Scope of Work," Paragraph 7 of the "General Specifications for Construction" concerning the variance of the "As-Built" quantity of the listed item by more than twenty (20%) percent from the estimated quantity specified in the contract: DIVISION I -STREETS BID TOTAL ITEM DESCRIPTION UNIT QUANTITY 1 REMOVE AND RELOCATE E-1 INLET EACH 1.00 2 REMOVE AND REPLACE E-1-C EACH 9.00 (USE EXISTING CASTING) 3 REMOVE AND REPLACE INTAKE BOXOUT/E-1-C EACH 3.00 4 REMOVE AND REPLACE INTAKE BOXOUT/E-2-C EACH 1.00 5 FURNISH E-1-C INLET CASTING EACH 1.00 6 REM/REP RA INLET TOP EACH 1.00 7 REM/REP RA INLET TOP AND THROAT EACH 1.00 8 REMOVE AND REPLACE MH BOXOUT EACH 12.00 9 STORM SEWER, 10" TRUSS LF 44.00 10 RF-19C (RODENT GUARD) EACH 2O.00 11 REMOVE AND REPLACE S/W OR D/W, 6" PCC SF 746.00 12 REMOVE SIDEWALK SF 1,736.10 13 SIDEWALK, 4" PCC SF 1,173.00 14 SIDEWALK, 6" PCC SF 605.10 15 SIDEWALK CURB SECTION LF 78.00 PEDESTRIAN RAMP DETECTABLE WARNING 16 SURFACE SF 154.00 17 TOPSOIL REMOVAL FROM PARKING SY 131.20 SPECIAL PROVISIONS CONTRACT NO. 857 Page 17 of 20 18 TOPSOIL SY 12.70 19 REMOVE AND REPLACE 24" C & G/6" PCC LF 40.00 20 REMOVE AND REPLACE 24" C&G/8" PCC LF 10.00 21 REMOVE AND REPLACE 24" C&G/9" PCC LF 74.00 22 FULL DEPTH PATCH, REM/REP 6" PCC SY 38.90 23 FULL DEPTH PATCH, REM/REP 9" PCC SY 30.60 24 REM/REP SANITARY SEWER, 8"TRUSS LF 10.00 25 REM/REP SANITARY SEWER, 10"TRUSS LF 4.00 26 SANITARY SEWER SERVICE, 6" LF 5.00 27 3/4" ROADSTONE TON 10.00 32 SURFACE PATCH TON 68.00 40 UMARED CONCRETE ADJUSTMENT EACH 12.00 41 FURNISH AND INSTALL MANHOLE CASTING EACH 1.00 42 PAVEMENT SYMBOLS EACH 2.00 DIVISION II - PARKING LOT BID TOTAL ITEM DESCRIPTION UNIT QUANTITY 1 PAVEMENT REMOVAL SY 44.40 2 REMOVE AND REPLACE 24" C&G/9" PCC LF 22.00 6 DM/APPROACH, 6" PCC SY 22.00 8 PAVEMENT MARKING STA 15.22 9 PAVEMENT SYMBOL EACH 12.00 42. PERCENT OF CONTRACT TO BE PERFORMED BY PRIME CONTRACTOR The Prime Contractor shall be required to perform at least 30 percent of the total contract amount of this project. Purchasing of materials for subcontractors will not be an acceptable method for the prime contractor to meet the 30 percent requirement. 43. INFORMATIONAL SIGNS RELATING TO CONSTRUCTION A. Advanced Informational Signs Advanced information signs shall be placed near the beginning and end of the project six (6) calendar days in advance of the street being closed for construction. These signs shall be approximately 2' x 3' in size, with the following wording: "This street to be closed for construction on (day of the week). One percent local option dollars at work. Thank you for your cooperation." Signs shall be placed on W. 4th Street, Airport Blvd, Kimball Avenue and Newell Street. These informational signs shall be considered incidental to the traffic control bid item. B. After-Construction Signs These signs shall be similar as the Advanced Informational Signs, except that the first line shall read: "This street constructed with Local Option SPECIAL PROVISIONS CONTRACT NO. 857 Page 18 of 20 Dollars." After-construction signs shall be placed on all streets after they have been completed and open to traffic. The after-construction signs shall remain in place for at least four (4) weeks. The cost of these signs shall be considered incidental to applicable items. 44. PAVEMENT MARKING This work involves placing temporary and permanent pavement markings and symbols in accordance with I.D.O.T. Section 2527. All paint used on this project shall be waterborne paint and shall have reflectorizing spheres meeting Section 4184 of the I.D.O.T. Standard Specifications. All legends and symbols shall be precut preformed polymer or thermoplastic materials conforming to PreMarke by Flint Trading, Inc., or equal. The Contractor shall clean the pavement prior to placement of the pavement markings and symbols. The Contractor shall work with the City-Sign and Traffic Department to determine exact placement of all markings and symbols in the field. Payment for symbols and legends shall be on a per each basis. Payment shall be full compensation for all equipment, labor, materials and cleaning of the pavement needed to place all symbols in this project, as per manufacturers recommendations. Payment for temporary and permanent pavement markings shall be on a station basis. Payment shall be full compensation for all equipment, labor, materials and cleaning of the pavement needed to place all markings in this project. See plan sheet for a tabulation of the pavement markings, symbols, and legends. 45. CONCRETE CLEAN-UP AND WASHOUT Runoff from concrete cleanup is a caustic pollutant that can harm wildlife and vegetation. DO NOT clean tools, equipment, and concrete trucks into or allow wastes to enter into the streets, ditches, storm drains or waterways. In Waterloo, failure to follow proper concrete clean-up procedures is a violation of the City's Code of Ordinances and is considered a municipal infraction, punishable by fines. The current City of Waterloo schedule of fines is: 1st offense $200 fine and court costs 2nd offense $500 fine and court costs 3rd and subsequent offense $750 fine and court costs All concrete wastes shall be deposited into pre-approved waste receptacles. Waste receptacles may be installed on select City properties to provide a central location and minimize costs. The locations selected to host the waste receptacles SPECIAL PROVISIONS CONTRACT NO. 857 Page 19 of 20 shall be approved by the City Engineer prior to installation. Upon completion of construction, the location of the waste receptacles shall be returned to pre- construction condition. Earthen pits are not an acceptable waste receptacle. SPECIAL PROVISIONS CONTRACT NO. 857 Page 20 of 20 GENERAL SPECIFICATIONS FOR CONSTRUCTION CITY OF WATERLOO, IOWA Department of Engineering SECTION A - Definitions of Terms SECTION B - Scope of work SECTION C - Control of Materials and Work SECTION D - Procedure and Progress SECTION E - Measurements and Payments SECTION F - Legal Relations and Responsibility SECTION A - DEFINITIONS OF TERMS 1. CITY. The City of Waterloo, Iowa, which is the Party of the First Part of the accompanying contract, acting through its authorized representative. 2. COUNCIL. The duly elected Council of the City of Waterloo, Iowa. 3. ENGINEER. The City Engineer of Waterloo, Iowa, or his authorized representative. 4. INSPECTOR. The authorized representative of the Engineer, assigned to the detailed inspection of the work or materials therefor and to such other duties as may be delegated to him in these specifications. 5. CONTRACTOR. The Party of the Second Part in the accompanying contract for the improvement covered by these specifications, or his authorized representative. 6. SUBCONTRACTOR. Any person, firm, or corporation who has, with the approval of the Council, contracted with the Contractor to execute and perform in his stead all or any part of the contract. 7. BIDDER. Any individual, firm, or corporation submitting a proposal for all or a part of the work provided for in these specifications. 8. PROPOSAL GUARANTEE. The security designed in the Notice of Bidders or Proposal to be furnished by the bidder as a guarantee of good faith to enter into a contract and furnish an acceptable bond for the work contemplated if it be awarded him. 9. SURETY. The corporate body bound with and for the Contractor for the acceptable performance of the contract. GENERAL SPECS Page 1 of 18 10. PROPOSAL. The written Proposal, submitted by the bidder in the prescribed manner and on the standard form, for the improvements covered by these specifications. 11. SPECIFICATIONS. The documents that set forth the manner in which the proposed work is to be accomplished which have been prepared by the Engineer and approved by the City Council, official copies of which are now on file with the City Clerk. 12. SPECIAL PROVISIONS. Clauses or memoranda not contained herein, applying to the contract of which these specifications are a part, which change or supplement these specifications. 13. CONTRACT. The agreement entered into between the City and the Contractor, setting forth the terms under which the work covered by the plans and specifications is to be performed. The contract includes all conditions, definitions, and instructions set forth in the official publications relating to the work, the official contract and specifications, the Proposal, official plans, and all supplemental agreements entered into by the parties to the contract. 14. NOTICE TO BIDDERS. The notice called attention of bidders to the time and place for receiving bids, containing a brief description of the work, and briefly setting forth the requirements and conditions for submission of Proposals. 15. INSTRUCTIONS TO BIDDERS. The clauses setting forth in detail the information relative to the proposed work and requirements for the submission of Proposals. 16. PLANS. The plans for the improvement covered by the specifications and approved by the Council, official copies of which are on file with the City Clerk. 17. CONTRACT BOND. The bond executed by the Contractor and his surety in favor of the City of Waterloo, Iowa, guaranteeing the complete execution of the contract in accordance with the plans and specifications, the payment of all debts pertaining to the work, and maintenance of the work as provided by law or by the specifications. 18. CONTRACT PERIOD. The period from the specified date for beginning the work to the specified date of completion, both dates inclusive. The contract period may be extended by the Council, as provided in these specifications, in which event the contract period includes the new date of completion. 19. OFFICIAL PUBLICATIONS. The official publications are the formal resolutions and notices relative to the proposed improvement that are required by law to be published in a prescribed manner and that have actually GENERAL SPECS Page 2 of 18 been published in accordance with the statutes relating thereto. Attention is directed to the fact that these official publications are by statute vested with all of the force and effect of contract obligations. 20. A.S.T.M. Abbreviation for American Society for Testing Materials. 21. WORK. The term "Work" of the Contractor and Subcontractor includes labor or materials or both, equipment, transportation, or other facilities necessary to complete the contract. 22. TIME. All time limits stated in the contract documents are of the essence in the contract. SECTION B - SCOPE OF WORK 1. CORRELATION AND INTENT OF DOCUMENTS. The Contract documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the documents is to include all labor, materials, equipment, and transportation necessary for the proper execution of the work. Materials or work described in words which, so applied, have a well-known technical or trade meaning shall be held to refer to such recognized standard. 2. DRAWINGS AND SPECIFICATIONS. Unless otherwise provided in the contract documents, the engineer shall furnish to the Contractor, free of charge, all copies of drawings and specifications reasonably necessary for the execution of the work. The Contractor shall keep one (1) copy of all drawings and specifications on the work available to the Engineer and to his representatives. 3. CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature, character and location of the work, the conformance to the ground, the character, quality, and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can, in any way, affect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the City, either before or after the execution of the Contract, shall affect or modify any of the terms or obligations herein contained. 4. REPORTING ERRORS AND DISCREPANCIES. If the Contractor, in the course of the work, finds any discrepancies between the plans and the physical conditions of the locality, or any errors of omission in plans or in the layout as given by said stakes and instructions, it shall be his duty to inform the GENERAL SPECS Page 3 of 18 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 same. 9. CITY WATER. The Contractor shall be allowed to use City Water but before any water is used, he shall make application to the Waterloo Water Works for a temporary water connection from a fire hydrant or by some other connection method. Water usage will be charged at the rate for temporary water service. The rules, regulations, and water rates are available at the Waterloo Water Works offices at 325 Sycamore Street or their telephone number is 319- 232-6280. GENERAL SPECS Page 4 of 18 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 work shall be started or be carried on and the direction in which it shall be done. 13. SHANTIES AND BUILDINGS. Shanties or other buildings shall not be erected in or upon any street, highway, or alley without permission of the Engineer. If such permission be granted, it may be upon any reasonable terms prescribed by the person or body granting such permission. 14. SANITARY CONVENIENCES. The Contractor shall furnish the necessary sanitary conveniences, properly secluded, for the laborers on the work, and these shall be maintained in a manner that will be inoffensive to the public. 15. CLEANING UP. The Contractor shall, as directed by the Engineer, remove from the City's property and from all public and private property, at his own expense, all temporary structures, rubbish, and waste materials resulting from his operations before work can be considered completed. The Contractor shall also renew or replace any and all fences, sidewalks, or other property damaged or disturbed by his work. 16. OMISSION OF PARTS OF GENERAL SPECIFICATIONS. Parts of the General Specifications deemed not to apply to some particular work may be omitted by special reference in other parts of the contract documents. SECTION C - CONTROL OF MATERIALS AND WORK 1. SUPERVISION AND INSPECTION. The Engineer shall have supervision of the construction provided for in this Contract and shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, manner of performance, rate of progress on the work, and all questions regarding the acceptable fulfillment of the terms of the Contract. GENERAL SPECS Page 5 of 18 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. If the specifications, the Engineer's instructions, law ordinances, or any public authority require any work and/or materials to be especially tested or approved, the Contractor shall give the Engineer timely notice of readiness for inspection. If the inspection is to be made by authority other than the Engineer, the Contractor shall notify the engineer of the date fixed for inspection. _ Inspections by the Engineer will be promptly made and, where practicable, at the source of supply. If any work should be covered up without the approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination at the Contractor's expense. Re-examination of questioned work may be ordered by the Engineer, and, if so ordered, the work must be uncovered by the Contractor. If such work be found in accordance with the Contract, the City shall pay the cost of re- examination and replacement. If such work be found not in accordance with the Contract, the Contractor shall pay such cost unless he shall show that the defect in the work was caused by another Contractor, and, in that event, the City shall pay the cost. 2. AUTHORITIES AND DUTIES OF INSPECTORS. Inspectors may be stationed on the work to report to the Engineer as to the progress of the work and the manner in which it is being performed; also, to report whenever it appears that materials furnished and work performed by the Contractor fail to fulfill the requirements of the specifications and Contract, and to direct the attention of the Contractor to such failure or infringement; but such inspection shall not relieve the Contractor from any obligations to furnish acceptable materials or to provide completed construction that is satisfactory in every particular. In case of any dispute arising between the Inspector and the Contractor as to materials furnished or the manner of performing the work, the Inspector shall have the authority to reject materials or suspend the work until the question at issue can be referred to and decided by the Engineer. Inspectors are not authorized to revoke, alter, enlarge, relax, or release any requirements of these specifications. The Inspector shall, in no case, act as foreman or perform other duties for the Contractor, or interfere with the management of the work by the latter. GENERAL SPECS Page 6 of 18 3. STATUS OF THE ENGINEER. The Engineer shall have general supervision and direction of the work. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. He shall also have authority to reject any work and/or materials which do not conform to the specifications, to direct the application of forces to any portion of the work as, in his judgment, is required, and to order the force increased or diminished, and to decide questions which arise in the execution of the work. 4. ENGINEER'S DECISIONS. The Engineer shall, within a reasonable time, make decisions on all claims of the Contractor and on all other matters relating to the execution and progress of the work or the interpretation of the contract documents. All such decisions of the Engineer shall be final except as to the element of time and financial consideration involved, which, if no agreement in regard thereto is reached, shall be subject to arbitration. 5. STAKES AND INSTRUCTIONS. The Contractor shall provide reasonable and necessary opportunities and facilities for setting stakes and making measurements. The Contractor shall not furnish stakes or men to set them. He shall not proceed until he has received from the Engineer such stakes and instructions as may be necessary to the progress of the work. The Contractor shall carefully preserve bench marks, reference points, and stakes, and in case of willful or careless destruction, he shall be charged with the resulting extra expense and shall be responsible for any mistakes that may be caused, by their loss or disturbance. 6. SUPERINTENDENCE. The Contractor shall keep on his work during its progress a competent superintendent and any necessary assistants, all satisfactory to the Engineer. The Superintendent shall not be changed except with the consent of the Engineer, unless the Superintendent proves to be unsatisfactory to the Contractor and ceases to be in his employ. The Superintendent shall represent the Contractor in his absence, and all directions given to him shall be as binding as if given to the Contractor. Important decisions shall be confirmed in writing to the Contractor. Other directions shall be so confirmed on written request in each case. The Contractor shall give efficient supervision to the work using his best skill and attention. He shall carefully study and compare all drawings, specifications, and other instructions, and shall report at once to the Engineer any error, inconsistency, or omission which he may discover. 7. REMOVAL OF UNAUTHORIZED WORK. Work done without lines and grade being give, work done beyond lines shown on the plans or as given, except as herein provided, or any extra or additional work done without authority, will be considered as unauthorized and at the expense of the Contractor and will GENERAL SPECS Page 7 of 18 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 furnished by the Contractor as part of the work, whether or not it is specifically called for in the plans and specifications, and such appliance shall be of good quality and standard make and shall meet with the approval of the Engineer. 10. MATERIAL SAMPLES. Before the contract is awarded, the bidder may be required to furnish a statement of the origin, composition, and manufacture of any and all materials proposed for use in the performance of the Contract, together with samples of the material. These samples will be considered as representative and typical of the material to be obtained from any particular source. 11. CHARACTER OF WORKMEN AND EQUIPMENT. The Contractor shall employ competent and efficient workmen for every kind of work. Any person employed on the work who shall refuse or neglect to obey the directions GENERAL SPECS Page 8 of 18 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 labor employed, shall be such as will produce a satisfactory quality of work and shall be adequate to complete the contract within the specified time limit. 12. HIRING CITY EMPLOYEES. The Contractor shall not employ and hire any of the City's employees without the permission of the Engineer. 13. LABOR. Local labor shall be given preferences so far as practicable. 14. THE CITY'S RIGHT TO DO WORK. If the Contractor should neglect to prosecute the work properly or fail to perform any provision of this Contract, the City of Waterloo, after three (3) days' written notice to the Contractor may, without prejudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor, provided, however, that the Engineer shall approve both such action and the amount charged to the Contractor. SECTION D - PROCEDURE AND PROGRESS 1. ORDER OF COMPLETION - USE OF COMPLETED PORTIONS. The Contractor shall complete any portion or portions of the work in such order or time as the Engineer may require. The City shall have the right to take possession of an 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. GENERAL SPECS Page 9 of 18 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. 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 Contractor 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 period, the work shall be three-fourths (3/4) completed, and the whole work shall be completed at the expiration of the contract period. If, at any time the above schedule is not being maintained, the Council may give written notice to the Contractor and his sureties that the specifications are not being complied with. Such notice shall state what action on the part of the Contractor is required to bring the work within the requirements of the specifications. If the Contractor fails, within ten (10) days, to proceed as directed in the said notice, then the Council shall have authority to annul this contract without process or action at law and take over the prosecution and completion of the work, as provided under the article covering City's right to terminate contract. GENERAL SPECS Page 10 of 18 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. 9. REMOVAL OF EQUIPMENT. In the case of annulment of this contract before completion, from any cause whatsoever, the Contractor, if notified to do so by the City; shall promptly remove any part or all of his equipment and supplies from the property of the City, failing which, the City shall have the right to remove such equipment and supplies at the expense of the Contractor. SECTION E - MEASUREMENTS AND PAYMENT 1. STANDARD OF MEASUREMENT. All work completed under the contract shall be measured by the Engineer according to the United States standard measures. 2. SCOPE OF PAYMENTS. The Engineer's measurements of quantities shall be the basis for final payment for the work performed under this Contract. After the work is completed, the Engineer will make measurements and computations of the number of units of each of the various items of work completed, and the Contractor will be paid for the actual amount of work performed at the rates specified in his Proposal. Before final settlement is made, the Council may require the Contractor to submit a list of all persons furnishing labor or materials, with evidence that such persons have been paid in full. GENERAL SPECS Page 11 of 18 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 under unit prices included in the Proposal, the Contractor shall be paid therefor the actual reasonable cost of the labor and materials entering permanently in such work, plus fifteen percent (15%) of the cost thereof. In computing the labor cost on such extra work, the following items shall be included: (a) Actual payroll expenditures for labor at the current rate therefor, and cost of materials. (b) Pay of foreman and timekeepers for actual time required on the extra work. (c) Liability insurance, prorated, for the extra work. Labor cost items on extra work shall be furnished in duplicate by the Contractor to the Inspector daily. The Inspector shall check the items, and if he finds them to be correct, he shall so certify on the statement of cost, returning one copy to the Contractor and filing one copy with the Engineer. The Engineer shall determine the cost of materials entering into extra work from the materials and receipted freight bills for the same. For any special machine, power tools, or equipment, including fuel and lubricants, but not including small hand tools, which may be deemed necessary or desirable to use, the Contractor shall be allowed a reasonable rental thereon, to be agreed upon in writing by the Engineer before such work is begun, and to which sum no percentage is to be added. The item of cost shall not include repairs or replacement of equipment or overhead expenses of any character. The fifteen percent (15%) allowed is considered to cover the use of hand tools and all overhead expenses except liability insurance. In no case will a claim for extra compensation be allowed unless the work upon which the claim is based has been ordered in writing, except as provided hereinafter. 4. CLAIMS FOR EXTRA COST. If the Contractor claims that any instructions, by drawings or otherwise, involved extra cost under this contract, he shall give the Engineer written notice thereof within ten (10) days after completion of the work. GENERAL SPECS Page 12 of 18 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 Contractor shall notify the Engineer, in writing, of his intention to make claim for extra compensation for work and/or material before starting construction. If such written notification is not given or the Engineer is not afforded proper facilities by the Contractor for keeping strict account of actual cost as defined herein, then the Contractor hereby agrees to waive the claim for extra compensation. Such notice to the engineer and the fact that the Engineer has kept account of cost as aforesaid, shall not in any way be construed as proving the validity of the claim, which must be passed upon by the Council. In the event that the Council finds the claim to be just, it shall be allowed and paid for as extra work as provided herein. 6. COMPLETION REPORT AND OBJECTIONS THERETO. Within ten (10) days after the full completion of the work to be done under this contract, the Engineer shall make a written statement of all the work done by the Contractor hereunder, stating the quantity of each item as found by him and including a statement of all credits for extra work and all credits or debits for changes, alterations, omissions, and defects, and shall forthwith deliver a copy of such statement to the Contractor. The Contractor shall compare such statement with his own records and shall then, in writing, either approve such statement or point out any claimed errors or omissions. If any of such claims are found correct, the Engineer shall, within ten (10) days, prepare a new statement, a copy of which shall in like manner be delivered unto the Contractor. The Engineer will not file a formal completion report with the City until the Contractor has approved the same. If the figures of the Engineer and the Contractor cannot be reconciled, or there is a difference of opinion regarding some item or items, then such difference of opinion shall be submitted to arbitration as hereinafter provided, and the decision of the arbitrator or arbitrators shall be final, and the Engineer shall, within a period of five (5) days, file his completion report. 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 percent (10%) shall then be paid to the Contractor. 7. WAIVER. By the execution of this contract ,the Contractor agrees that any objections he may have to the statement of the amount of work done hereunder included by the Engineer in this completion report, and any claims of GENERAL SPECS Page 13 of 18 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. SECTION F - LEGAL RELATIONS AND RESPONSIBILITIES 1. LAWS RELATING TO WORK. The Contractor is presumed to be familiar with all laws, ordinances, and regulations which may, in any manner, affect those engaged or employed upon the work or the materials or equipment used in or upon the work, and shall conduct the work so as not to conflict with such laws, ordinances, and regulations. 2. PROTECTION OF WORK AND PROPERTY. The Contractor for any part of the improvement shall be held responsible for the care of materials and of partially completed and completed work until final acceptance of the same by the Council. He will be required to make good at his own expense any damage which the work may sustain from any cause prior to the filing of the engineer's certificate of completion. He shall take all risk from floods and casualties of every description and make no charge for delay due to such cause. He may, however, be allowed a reasonable extension of time on account of such delays. He shall correct or make good at his own expense all damages to adjacent property due to the acts or negligence of his employees of the prosecution of his work, and save the City harmless therefor. The Contractor shall be held liable and responsible for all damages done to water, sewer, drain, or other underground pipes and structures, and to sidewalks and private property. 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 during the life of the contract, or for a period of a least ten (10) days following the filing of written notice of cancellation, protecting the public and any person from injuries or GENERAL SPECS Page 14 of 18 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: Comprehensive General Liability Insurance General Aggregate Limit $ 2,000,000.00 Products—Completed Operations Aggregate Limit $ 2,000,000.00 Each Occurrence Limit $ 2,000,000.00 Comprehensive Automobile Liability Insurance $ 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 certificates and/or policies of insurance furnished by the Contractor to be filed with the City Clerk shall include the name and address of the agency issuing the same. It shall also be required that the City Clerk be notified by registered mail of the cancellation or expiration of the above insurance. 5. BARRICADES AND SIGNS. The Contractor shall, at his own expense and without further or other order, provide, erect, and maintain, at all times during the progress and suspension of the work and until completion and final acceptance thereof, suitable and requisite barricades, signs, or other adequate protection, as required by the latest edition of the "Iowa Manual on GENERAL SPECS Page 15 of 18 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 observance of such damage and no later than the time of final payment, except as expressly stipulated otherwise in the case of faulty work or materials, and shall be adjusted by agreement or arbitration. The Contractor shall be held for the payment of all just claims against him arising out of the prosecution of this contract, and his bond will not be released until such claims are paid for dismissed. 9. ASSIGNMENT OF CONTRACT. The Contractor shall not sell or assign the contract or sublet any portion of the work provided for therein without the written consent of the City Council. 10. SUBCONTRACTORS. The Contractor shall, as soon as practicable after the signature of the contract, notify the Engineer in writing of the names of the Subcontractors proposed for the work and shall not employ any that the Engineer may, within a reasonable time, object to as incompetent or unfit. The Contractor agrees that he is as fully responsible to the City for the acts and omission of his Subcontractors and of persons either directly or indirectly employed by them as he is for the acts and omissions of persons directly employed by him. Nothing contained in the contract documents shall create any contractual relation between any Subcontractor and the City. 11. ARBITRATION. All questions subject to arbitration under this Contract shall be submitted to arbitration at the choice of either party to the dispute. GENERAL SPECS Page 16 of 18 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 ir, any way financially interested in the contract or in the business affairs of either the City or the Contractor. The general procedure shall conform to the laws of the State of Iowa. Unless otherwise provided by such laws, the parties may agree upon one arbitrator; otherwise, there shall be three--one named in writing by each party to this contract to the other party, and the third chosen by these two arbitrators, or, if they fail to select a third within ten (10) days, then he shall be chosen by the Comptroller of the State of Iowa. Should either party refuse or neglect to supply the arbitrators with any papers or information demanded in writing, the arbitrators are empowered by both parties to proceed ex parte. If there be one arbitrator, his decision shall be binding; if three, the decision of any two shall be binding. Such decision shall be a condition precedent to any right of legal action, and, wherever permitted by law it may be filed in Court to carry it into effect. The arbitrators, if they deem that the case demands it, are authorized to award to the party whose contention is sustained such sums as they shall deem proper for the time, expense, and trouble incident to the appeal, and, if the appeal was taken without reasonable cause, damages for delay, the arbitrators shall fix their own compensation unless otherwise provided by agreement, and shall assess the costs and charges of the arbitration upon either or both parties. The award of the arbitrators must be in writing, and it shall not be open to objections on account of the form of proceeding or the award, unless otherwise provided by the laws of Iowa. In the event of such laws providing on any matter covered by this article otherwise than as hereinbefore specified, the method of procedure throughout and the legal effect of the award shall be wholly in accordance with the laws of the State of Iowa, it being intended hereby to lay down a principle of action to be followed, leaving its local application to be adopted to the legal requirements of the place in which the work is to be done. GENERAL SPECS Page 17 of 18 12. PERFORMANCE AND PAYMENT BONDS. The Contractor shall, at the time of execution and delivery of this contract and before the taking effect of same, furnish and deliver to the City written bonds of indemnity to the amount required by law in form and substance, and with surety thereon satisfactory and acceptable to the City, to insure the faithful performance and payment by the Contractor of all the covenants and agreements on the part of the Contractor contained in this contract. These bonds shall remain in force and effect for the full amount of the Contract. 13. PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the provisions of the Contract or in exercising any power or authority granted him thereby, there shall be no liability upon the Engineer or his authorized assistants, either personally or as an official of the City, it being understood that in such matters he acts as the agent and representative of the City. 14. JURISDICTION, Any action in Court against the Contractor or sureties on his bond because of damages to property or individuals by said Contractor or his workmen, or because of the violation of any provisions of the specifications, or on account of the failure of said Contractor to comply fully with these provisions, shall be brought in the District Court of the State of Iowa in and for Black Hawk County. 15. TERMINATION OF RESPONSIBILITY. The Contract shall be considered as completed and the Contractor released from further obligations except as to the requirements of his bond, after the work has been completed and finally accepted and final estimates have been allowed and the completion report of the engineer has been filed and approved by the Council 16. CITY'S LEGAL RIGHTS. The City shall not be precluded by any measurements, estimate, or certificate made, either before or after the completion and acceptance of the work and payment therefor, from showing the true amount and character of the work performed and materials furnished by the Contractor, or from showing that any such measurement, estimate, or certificate is untrue or incorrectly made, or the work or materials do not, in fact, conform to the Contract. The City shall not be precluded, notwithstanding any such measurements, estimate, or certificate and payment in accordance therewith, from recovering from the Contractor and his surety such damages as it may sustain by reason of his failure to comply with the terms of the Contract. Neither the acceptance by the City or any of its representatives, nor any payment for or acceptance of the whole or any part of the work, nor any extension of time, nor any possession taken by the City, shall operate as a waiver on any portion of the contract or of any power herein reserved, or any right to damages herein provided. A waiver of any breach of the contract shall not be held to be a waiver of any other or subsequent breach. GENERAL SPECS Page 18 of 18 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. 2. REVIEW BY THE CITY OF WATERLOO The City of Waterloo, its authorized representatives and agents, shall at all times have access to and be permitted to observe and review all work, materials, equipment, payrolls, personnel records, employment conditions, material invoices, and other relevant data and records pertaining to this contract, provided, however, that all instructions and approval with respect to the work will be given to the contractor only by the City of Waterloo through its authorized representative or agents. 3. INSPECTION a. The contractor shall furnish promptly all materials reasonably necessary for any tests, which may be required. All tests by the City of Waterloo will be performed in such manner as not to delay the work unnecessarily and will be made in accordance with the provisions of the Technical Specifications. b. Inspection of materials and appurtenances to be incorporated in the improvements embraced in this contract may be made a+ 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 SUPPLEMENTAL GENERAL SPECIFICATIONS installed or incorporated in the work and upon completion of all work, shall deliver the same together with all improvements and appurtenances constructed or placed thereon by him to the City of Waterloo free from any claims, liens, or charges. Neither the contractor nor any person, firm, or corporation furnishing any material or labor for any work covered by this contract shall have any right to a lien upon any improvement or appurtenance thereon. Nothing contained in this paragraph, however, shall defeat or impair the right of persons furnishing materials or labor to recover under any bond given by the contractor for their protection or any rights under any law permitting such persons to look to funds due the contractor in the hands of the City of Waterloo. The provisions of this paragraph shall be inserted in all subcontracts and material contracts and notice of its provisions shall be given to all persons furnishing materials for the work when no formal contract is entered into for such materials. SUPPLEMENTAL GENERAL SPECIFICATIONS PAR. 10 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. PAR. 11 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. PAR. 12 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 this contract. PAR. 13 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 of this contract. PAR. 14 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. PAR. 15 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 FORM OF CONTRACT PAGE 3 OF 5 PAGES prices set out in the Contractor's proposal, which has been accepted by the City. 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 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. PAR. 20 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. PAR. 21 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 less 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. FORM OF CONTRACT PAGE 4 OF 5 PAGES 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 5 OF 5 PAGES 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 or 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 are 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: Performance Bond Page 1 of 2 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. 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 as of PRINCIPAL SURETY Name Name By: By: Title: Title: [attach Power of Attorney] T NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If his 'Fede tle:followir � ieswto theme f� rndy: �� 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. Performance Bond Page 2 of 2 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that (Name of Contractor) (Address of Contractor) a hereinafter called Principal, (Corporation, Partnership or Individual) and, (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, firms, 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 contract 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 contract 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. IN WITNESS HEREOF, this instrument is executed in counterparts, each one of (number) - which shall be deemed an original, this the day of 20 ATTEST: Principal (Principal)Secretary (SEAL) By (s) (Address) Witness as to Principal (Address) S u rety ATTEST: By 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. 7'!MPoRfNT- MOWN Sureanies executing bonds must appear on the TreasuryDepartment'smostcst (Circular 570 as amended) and be authorized to transact business in the State where the project is located.