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HomeMy WebLinkAboutCONTRACT DOCUMENTS FY 2017 SALVAGED ASPHALT CRUSHING CONTRACT NO. /7,061 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 Form 5. Form of Bid Bond 6. Non-Collusion Affidavits 7. Equal Opportunity Clause 8. Title VI Civil Rights 9. Resident Bidder and Non-Resident Bidder Certification 10. Affirmative Action Program 11. Potential Items of Work for MBE/WBE Participation Subcontractors Bid Request Form Letter Form for Subcontractor Quotes MBE/WBE Scope Letter MBE and/or WBE Prebid Contact Information Form 12. Waterloo/Cedar Falls Minority and Women Businesses Enterprise Construction and Maintenance Contractors Guide 13. Statement of Bidder Qualifications 14. General Special Provisions 15. Special Provisions 16. General Specifications for Construction 17. Supplemental General Specifications for Construction 18. Form of Contract 19. Form of Performance Bond 20. 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 FY 2017 Salvaged Asphalt Crushing In the City of Waterloo, Iowa CONTRACT NO. bl 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 18th day of May, 2017 until 12:00 pm for the construction of CRUSHING SALVAGED ASPHALT, Contract# q--ON , as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the First Floor Conference Room at City Hall, in the City of Waterloo, Iowa, on the 18th day of May 2017, at 1:00pm (Central Time) and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above described improvement project at 5:30pm on May 22, 2017, said hearing to be held in the Harold E Getty Council Chambers in City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said construction heretofore prepared by the Interim Public Works Director 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 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 crushing of salvaged asphalt in the size and quantity as described in the plans and specifications. BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced within fifteen (15) working days after receipt of"Notice to Proceed" and said project shall be completed on or before June 30, 2017. METHOD OF PAYMENT TO CONTRACTOR Upon completion of the contract, the contractor shall submit an invoice to the Public Works Director indicating substantial completion of work based on the original specifications and proposal for the contract. Final payment will be made no-later than thirty-one (31) days after verifiable completion of the contract and submission of the completed invoice. PLANS AND SPECIFICATIONS Plans and specifications governing the completion of the proposed construction have been prepared by the Public Works Director, which plans and specifications and also the prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice, and the proposed contract by reference shall be executed in compliance herewith. CONTRACT AWARD A contract will be awarded to the qualified bidder submitting the lowest responsible bid. The City reserves the right to reject any or all bids, re-advertise for new bids, and to waive informalities in the bids submitted that might be in the best interest of the City. Bids may be held by the City of Waterloo, Iowa for a period not to exceed thirty (30) days from the day of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding the contract. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced with the State of Iowa and preference will be given to local domestic labor in the construction. PROPOSALS SUBMITTED The bidder shall submit bids on the item(s) listed in the proposal. The bidder shall clearly write or type the unit bid price and the bid extension (unit price x estimated qty) in numerals on the blanks provided. Should there be any discrepancy between the unit bid price and extension, the City of Waterloo shall consider the unit bid price as being the valid unit bid price. The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price and Total Bid. The computer generated spreadsheet shall include all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For bidders who submit a computer-generated spreadsheet, the TOTAL BID (with alternates if applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by.a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond, (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which will enter into a Contract for the construction of the fork and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the Bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. PRE-CONSTRUCTION CONFERENCE Before the work is commenced on this contact, 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. 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 2017. CITY OF WATERLOO, IOWA BY: Kelley Felchle City Clerk 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.-allowedifor a reply to reach bidders before submission of their bids. Any interpretation made will be in the form.of an amendment<of th&,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 bylletter-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:shouldf:�visit the site and :take such', other, steps as may be reasonably-.-necessary!to. ascertain the: nature and= location of the work, and=the gener-al;and; local,conditions which'ban affect,the work or the cost thereof? i Frailure4,to do,.so,will cftotf relieve bidders from 4,responsibility for t.,:estimating,)properly. the difficulty. 'or i,eost 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 priors to�thb,gexecution ,of the contract;,unloss-+in.cluded 'in the Notice to Bidders, the-Specifications or related documents. 3. PREPARATION OF BIDS a. Bids shalll be submitted on the forms furnished, or copies thereof, andlmust�be manually signed. If erasures-or other,changes appear : on the'Jorms, each erasure or change must, be initialed by the p-erson,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 Bid1tem Number,Descriptioh Unit, Estimated Quantity,,, Unit Bid Price, 1 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 M6 signature of the Prime Contractor.submitting the bid. For the bidders 'who-submit a computer-generated spread- sheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal. INSTRUCTIONS TO BIDDERS Page 1 of 14 b. The Bid Form,,may provideJor submission of a price or prices for one or more items, which may be lump sum bids, alternate prices, schedule items resulting in a bid on a unit of construction or a combination thereof, etc. Whetffthd Bid Fgrr`ri.rexp licitly" requires that the bidder bid on all items, failure to do so will disqualify the bid. V1When. submission, of a price.'on all items -is not-,required, bidders should,,insert the words:"nobd in the space provided for any item onl which no pride is submitted: G. 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 1 Jn:ink'orvith the typewriter, at which,he proposes.to dd each item ofworki' The unit price,shall be stated in figures in.the.blank space rovided i of 7 '14 In items,where unit, price-is.. -re uired the total ,;. :amount of,eath item:shall-be computed at the unit prices.bid for the ;. vii quantities,,given on-the Bid.Form: and stated in figures�in the blank s .space provided_ If the.bidder;chooses;to:submit the unit prices, total bid price, and total bid on a,computer:=generated spreadsheet; all numbers shall be easily legible. f. Any changes or alterations made in the Bid Form, or any addition thereto, may cause the, rejection . of the..,bid • No bid will be considered which contains .a .clause in; which the contractor reserves the.right to accept or reject a contract awarded him by the city Council of Waterloo. Bids" in.which the unit:prices are obviously unbalanced may be rejected. g. If the bidder: does not qualify as a resident bidder, the nonresident bidder,shall specify on the:project proposal,whether any preference to resident bidders, including but.not limited to .any preference to }: bidders;.the imposition of any type of'labor force preference, or any other forrh of preferential treatment to bidders br,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. INSTRUCTIONS TO BIDDERS Page 2 of 14 4. SUBMISSION OF BIDS a. A. bid must be sealed in a separate envelope and marked to indicate its contents and be accompanied by the bid security in a separate envelope. . If forwarded by mail, the-two envelopes shall be placed in a third,and mailed- to the City Clerk/Auditor. All bids must be,filed with the City Clerk/Auditor of-the City,of-Waterloo at his office in the City Hall before the time-specified for closing bids. b. Bids, received..prior ,,to the ,advertised hour of opening will be securely kept sealed. The officer whose duty it.is to open them will decide when the specified time has arrived, and no bid received thereafter will be considered; except.that when a bid arrives by mail after the time fixed for openirig,i_but'beforefthd 'r`ead. ng 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 whichlthe 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 explicitian&if in any sense subject'to misinterpretation, shall made the bid so modified or amended,°suhj`ect 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 after1he 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 favorabld.to the City 6f1Waterlob;':will--be considered'.afF=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.closinbV bids.' 6. PUBLIC OPENING OF BIDS Bids will' e publicly opened at that time and place set fo'r 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 INSTRUCTIONS TO BIDDERS Page 3 of 14 laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the Unified States, or bid bond (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum,of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or.bid bond will be held as security that the Bidder will enter.into a,Contract for the construction of the work and will furnish the required bonds,.and.in case the successful Bidder shall fail or refuse, to enter,into. the Contract and furnish the required bond, his bid security may be retained by said City as agreed upon liquidated damages. If,bi6 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. COLLU.SIVEyAGREEMENTS; , 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• array,,-execute and submit to the City Contract Compliance Officer by 5.00 R.M. the business-day following the day bids on this project are due, a Non-Collusion Affidavit in the form hereint'provided, to, the effect gthat 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 thel 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. INSTRUCTIONS TO BIDDERS Page 4 of 14 10. MBEMBE 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. 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 MBEM/BE 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 thdipp'vate sector and f 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 documente6efforts, 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. INSTRUCTIONS TO BIDDERS Page 5 of 14 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 GFR 60-2.12(a),.60.-2.15 and MZ.30;specifically prohibit discrimination and the use of goals as quotas. (U.S. Department of Labor) Set-Aside: An arrangement in which a particular contract is reserved for competition solely among minority and women business enterprises. ,Contractor ' As used in this document means contractor; subcontractor, supplier, vendor, and professional service provider. t Minority Business Enterprise.(MBE) Any.,business; which isv at least 51%, owned by,one or more minorities and whose management and daily business operations .areicontrolled by one or more suc4,individuals.and is on the current State.Unified Certification List;-:or were listedl.on the City of t Waterloo,Gertified-MBEMB,E 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 MBEMBE Contractors list as of July 1, 2002 Minority. Any person or persons who are considered as socially and economically disadv_antaged._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)(1i)(198.3). 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 INSTRUCTIONS TO BIDDERS Page 6 of 14 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 L' Disadvantaged Business-Enterprise. Good Faith Effortsa'f . ,The successful bidder shall be selected on the'basis of having submitted the lowest responsible bid. The obligation of the bidder is to make good faith.efforts. The bidder can demonstrate that it has done so by the following: -1.The Prime Contractor met the project goal - No Action necessary 2. If the Prime.,Contractor,failed{.to meet the goal, they must submit dodiftentation of good.faifteffprts.'' CONTRACT COMPLIANCE PROGRAM SUBCONTRACTING The:programiproposes numerical projections or{goals regarding utilization of Minority,BusinessEnterprise (MBE)-and Women Business Enterprise (WBE) as subcontractors in the performance of contracts awarded by the City of Waterloo, Iowa. 2Agoal of atileasth10/646r.MBE;p'artticipation on all,City funded construction,projects-that.are estimated�at$50;000'-or more and projects under $50,000 where applicable at the Contract Compliance Officer's discretion. There is at'least'2,%o$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 MBENVBE 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. INSTRUCTIONS TO BIDDERS Page 7 of 14 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 discussuthe 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 ofnegoNating:with MBE/WBE firms, MBE/WBE quotes#obtained and non-MB.E/WBE quotes used Reasons agreements were not reached Follow up after initialsohcitat_ons Efforts to assist in obtaining equipment, supplies and materials (at competitive prices); bonding, Lines,oficredit-insurance, etc. Evidelnce of past compliance,or non=dompliance',by same contractor..,: The Contract Compliance Officer will determine the weight to be +given to each item listed above (supported by appropriate i documeiitation),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. INSTRUCTIONS TO BIDDERS Page 8 of'14 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. 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 MBENWBE(those certified in directory prepared,by City Contract Compliance Officer) at least seven (7) working days prior to bid date. Letters should identify specific items to be subcontracted. A minimum of three (3) disadvantaged business contacts midst 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,offeririg`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-Iist, attach a copy of the MBE/WBE/DBE Certifications from another government agency. B: If a prime contract bidder is'unable to identify MBENWBE firms to perform portions of the work, the City Contract --Compliarce Officer should be contacted for assistance immediately. s C. Prime contract bidders may solicit MBE/WBE proposals by telephone'&personal, interviews, but all sucti 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 INSTRUCTIONS TO BIDDERS Page 9 of 14 "MBE/WBE Business Enterprise Pre-Bid Contact Information Form" (Form CCO-4 and CCOAA) 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. MBEIWBE 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. IL MBE/WBE Firms A., MBE/WBE firms shall be certified by the Iowa Department of i Transportation as:owners and controllers of their respective businesses, or were listed owthe City of Waterloo Certified MBE/WBE Contractors list as.of July..1, 2002. B•. MBENVBE firms must perform the work on the project; they cannot act as a broker,by subcontracting the work out to others: C;:t 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 MBEMBE 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 MBEMBE-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. INSTRUCTIONS TO BIDDERS Page 10 of 14 B. A bidder's failure to show good-faith efforts to meet project goals or a failure to use certified MBENVBE 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 determinesthe 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 employmentmby the contractor,on•Ahis project.. ;Opportunities for training and, for employment arising in connection with thisi project, shall to the greatest extent feasible be -.made available- to lower income persons residing in the project area. The contracf`area is the'City,'of Waterloo. The .City of Waterloo=will•require the coiitractor•-to document his efforts in .'securing lower income workers; living in the project area and in purchasing supplies.: from, and awarding subcontracts to, businesses owned by persons residing in the project area. :12. STATEMENT OF BIDDER'S.QUALIFICATIONS Each bidder-shall; upon request of the.City of-Waterloo; Iowa; submit on 'the-form furnished,for that purpose (a copy of which is included in the contract documents) -.a statement of bidder's qualifications, his experience record. .in,=constructing� the type of..improvements: embraced, and his organization and equipment available for the work contemplated; and, when specifically requested, a detailed financial statement. The City of Waterloo;' Iowa, .shall- have the right to take such steps as it deems necessary to determine;the ability of the bidder to perform his obligations under the contract, and the bidder shall furnish the City of Waterloo, Iowa, all such information and data for this purpose as it may request. The right INSTRUCTIONS TO BIDDERS Page 11 of 14 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 Specifics dns,, is most advantageous to the City of Waterloo; price and other factors considered. The intention is to-award:.the, contract at the time of opening bids, but the right is reserved to postpone such action for a reasonable time, not exceeding thirty (30) days, b. The City Council may, when in its interest, reject any or all bids or waive any informality in bids received. C. The bidder shall submit bids on all the items listed in the proposal and shall state the unit;bid 'price.,in ,words in ,the blank spaces provided beneath the item description. Should there be any discrepancy.o.p n een'th'e unit'rabid'price. n.words arid.ilisted numeral unit bid price, the City of Waterloo shall consider the unit bid price 4 in words as..being,the valid unit,-.bid price. A- computer-generated spreadsheet, asi herein provided, shall;, also be .acceptable. Proposals,requiring mathematical-computations to .determine unit !prices o'r totals„will .be>rejected.!oXcontract will be awarded to the quaiifiddi bidder,submitting the lowest,.total, bid for the..BASE BID -plus,.ALTERNATE(S) chosen by the...City.,as indicated in the NOTICE-TO BIDDERS. 3 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, includirig_but riot 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 bythe 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. INSTRUCTIONS TO BIDDERS Page 12 of 14 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.?wand deliver to .the City. of. Waterloo, Iowa, an agreement in=the form included in=the contract, documents in such number oficopies as the City of Waterloo; Iowa, may require. b. Having satisfied .all conditions of-award, as set forth elsewhere in these 1 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.$Fe faithful:performance of the contract and terms' and conditions therein 'contained and shall guarantee the prompt payment,of all persons, firms,,6n dorporations to whom the�'contractor may become.=legally: indebted for labor, materials, tools, equipment, or services of any nature including utility;r thd�,t'ransportation�.sorvices , employed or. Usi od'.,by him in a performing'the.work. The bonds-shall protect and save harmless the City from claims and damages,lof any,.kind caused by the operations of the contractor and shall also guarantee the maintenance of the contract improvements for the period stated in the Notice of Hearing from and after completion of said improvements and their acceptance by the City. Such bonds shall be in the same form as that included in the contract documents and shall bear the same date as, or a date subsequent to that of the agreement. The current Power of Attorney for the person who signs for any surety company shall be attached to such bonds. C. The successful bidder shall, within the period specified in paragraph "a" above, furnish a certificate of insurance for approval in amounts of not less than the amounts specified in the General Specifications for Construction, Section F. No. 4 "Liability Insurance," Pages 14 to 15 of 18 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. INSTRUCTIONS TO BIDDERS Page 13 of 14 d. The failure of the successful bidder to execute such agreement and 16,supply the required bonds 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 Javorable bid is. received by-re-advertising', the defaulting bidder shall have no claim against the City of Waterloo, Iowa, for a refund. 15. RECIPROCAL RESIDENT:BIDDER PREFERENCE Attention of bidders is called to the requirement of:°complying with the provisions of the Resident,Bidder/Non;-Resident Bidder requirement. Each;bidder submitting a bid,shall execute and include with the bid, a Resident Bidder Certification-or a Non-Resident Bidder Certification in the form(s).herein provided.; INSTRUCTIONS TO BIDDERS Page 14 of 14 FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF F.Y. 2017 SALVAGED ASPHALT CRUSHING CITY OF WATERLOO, IOWA CONTRACT NO. j This contract made and entered into this day of , 20_, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and of Waterloo, Iowa, (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 Contractor agrees to build and construct the and furnish all necessary tools, equipment, materials, and labor necessary to do all the work called for in the plans and specifications in a workmanship like manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. PAR. 2 It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. PAR. 3 The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. FORM OF CONTRACT PAGE 1 OF 5 PAGES PAR. 4 The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. PAR. 5 The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed" and complete it on or before unless an extension of time is granted in writing by the Council of the City. PAR. 6 Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefor promptly by the date herein specified, the City may pay such additional sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. PAR. 7 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. PAR. 8 The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. PAR. 9 The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. FORM OF CONTRACT PAGE 2 OF 5 PAGES 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 City of Waterloo Iowa Construction Sales Tax Exemption Contractor Information Required Contractor Name Address Contractor Type: Prime Subcontractor Federal Employer Identification Number Project Name Project Description Description of Work: Brickwork Landscaping Carpentry Painting Concrete Paving Drywall-Plaster-Insulation Plumbing Electrical Roofing-Siding-Sheet Metal Excavation/Grading Windows Flooring Wrecking-Demolition Heavy Construction Other(Please specify) Heating-Ventilating-Air Conditioning Sales Tax Exemption Info.xls Contractor Info Updated 4/14/04 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 (Seal) Principal By (Title) (Seal) Witness Surety By Witness Attorney-in-fact 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 ($1.0,000.00) 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 TITLE VI CIVIL RIGHTS During the performance of this contract, the contractor (for itself), its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance With Regulations: The contractor shall comply With the Regulations relative to non-discrimination in Federally assisted programs,of the DOTTitle 49,. Code of Federal Regulations, Part 21 as they may be amended from time to time, (hereinafter referred to as the Regulations); Which are herein incorporated by reference-anmade`a part of this contract. 2. Nondiscrimination: The contractor, with regard to the Wo`rk performed by it during the contract;shall not discriminate on the grounds of race, color, national origin, sex; age, or disability in the�selection and retention of subcontractors; including procurement of materials and leases of equipment. The contractor'shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be. notified by the contractor of the contractor's obligations under this contract and the Regulations relative to non-discrimination on the grounds of race, color, national origin, sex, age, or disability. 4. Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant there to, and shall allow access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Contracting Authority, the Iowa DOT, or FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Contracting Authority, the Iowa DOT, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Contracting Authority, the Iowa DOT, or the FHWA shall impose such contract sanctions as they may determine to be appropriate, including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract,,including procurement of materials and leases of equipment, unless exempt by the Regulations, or .directives issued pursuant thereto. The contractor shall.take such action with respect to:.any subcontract or procurement as the Contracting Authority, the Iowa DOT; or..the.FHWA may direct as a means of enforcing such,provisions.including sanctions for non-compliance: Provided, however, that; in the event of a contractor becomes involved in, or it threatened with,litigation with a. subcontractor or supplier as a result of such direction, the contractor may request the Contracting,Authority;or the Iowa DOT to enter into such litigation to protect the interests of the Contracting Authority or the Iowa DOT,;,and,.in addition, the contractor may request the United States to enter into Such litigation to protect the Interest of the United States. is 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 De ree 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. I. As a result of the above efforts, we have involved minority, female, and local contractors and/or suppliers in the following areas of subcontracting: (if none, write "NONE") .1 2. J. will require approved (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 pursuant to Executive Order 11246 as amended, we establish the goals for our company, based on parity percentages supplied by the City, and we realize these goals will be reviewed on an annual basis. L. will keep records of (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 Action. (Name of Company) Employment Goals: The definition of Affirmative Action Goals is as follows: "Goals may not be rigid and inflexible quotas which must be met, but must be targets, reasonably attainable by means of applying every -good faith effort to make all aspects of the entire Affirmative Action Program work." For the year 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 - 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 paperwork 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 STREET RECONSTRUCTION PROGRAM, Contract No. 859, that have a potential for MBE/WBE Participation. This listing, however, is not intended to be all encompassing; to preclude MBE/WBE Contractors from bidding on any items of the Proposal as a Subcontractor or the entire Proposal as a Prime Contractor. BID TOTAL ITEM DESCRIPTION UNIT QTY DIVISION I BASE BID-SECTION I 2 MISC. PCC, 9", C-4 SY 190.0 9 DRIVEWAY APPROACH AND S/W, 6" PCC, C-4 SY 956.9 10 DRIVEWAY APPROACH AND S/W, 5" PCC, C-4 SY 3,524.7 11 SIDEWALK, 4" PCC, C-4 SY 725.2 12 PEDESTRIAN RAMP, PCC SIDEWALK,,6 PCC, C-4 SY 929.0 13 PEDESTRIAN RAMP DETECTABLE WARNING SURFACE SF 1,478.0 14 SIDEWALK CURB SECTION LF 315.9 15 MISCELLANEOUS CONCRETE CY 1.6 19 SIDEWALK REMOVAL SY 721.8 20 SAW CUT LF 2,794.0 25 ROADSTONE, 3/4" TON 117.0 26 DRAIN TILE, 6" LF 30,981.0 27 DRAIN TILE, 4" LF 1,500.0 28 DRAIN TILE STUB, 4" LF 1,645.0 29 DRAIN TILE TAP AND COLLAR EACH 21.0 30 RF-19C, INLET OUTLET DETAIL(RODENT GUARD) EACH 138.0 31 CONVERT WATER VALVE MANHOLE TO ROADBOX EACH 27.0 DIVISION I BASE BID -SECTION II 61 STORM SEWER, 2000D, 42" LF 2,667.2 62 STORM SEWER, 2000D, 36" LF 1,159.0 63 STORM SEWER, 2000D, 24" LF 363.2 64 STORM SEWER, 2000D, 18" LF 1,152.2 65 STORM SEWER, 2000D, 15" LF 596.9 66 STORM SEWER, 2000D, 12" LF 2,568.6 67 STORM MANHOLE, TYPE A, 48" EACH 38.0 68 STORM MANHOLE, TYPE A, 60" EACH 5.0 69 SW-402 RECTANGULAR STORM MANHOLE EACH 19.0 70 SW=403 RECTANGULAR STORM MANHOLE EACH 1.0 71 REMOVE EXISTING STRUCTURE EACH 77.0 72 REMOVE STORM SEWER PIPE LESS THAN 36" LF 61.0 73 TYPE E-1-C INLET EACH 52.0 74 TYPE E-2-C INLET EACH 40.0 75 TYPE E-3-C INLET EACH 11.0 76 TRENCH DRAIN LF 64.0 77 TYPE E-1-C INLET, MODIFIED EACH 1.0 78 TYPE E-2-C INLET, MODIFIED EACH 1.0 79 REM/REPL INLET BOXOUT, E-1-C EACH 7.0 80 REM/REPL INLET BOXOUT, E-2-C EACH 1.0 81 TAP AND COLLAR STRUCTURE OR PIPE EACH 14.0 82 TAP AND COLLAR DRY RUN ARCH EACH 1.0 83 INSULATE EXISTING COPPER WATER SERVICE EACH 16.0 84 FURNISH AND INSTALL MANHOLE RING AND COVER EACH 2.0 85 STORM WATER PROTECTION FOR STRUCTURES EACH 2O4.0 86 IN LINE CHECK VALVE FOR 42" RCP, FURNISH AND INSTALL EACH 1.0 DIVISION I BASE BID-SECTION IV 106 SAWING LF 80.0 107 SIDEWALK AND DRIVEWAY REMOVAL SY 34.3 108 REMOVE AND REPLACE MISC. 4.5" HMA OVER 6" PCC, M-4 SY 55.1 109 ALLEY OR DRIVEWAY APPROACH AND S/W, 6" PCC, C-4 SY 22.3 110 DRIVEWAY APPROACH 5" PCC, C-4 SY 12.0 111 TAP AND COLLAR STORM MANHOLE EACH 1.0 112 SW-511 RECTANGULAR AREA INTAKE EACH 1.0 113 TYPE E-2-C INLET EACH 1.0 114 STORM SEWER, 2000D, 12" LF 306.0 115 FLARED END SECTION, 2000D, 12" EACH 1.0 DIVISION I BASE BID-SECTION V 120 SIDEWALK,4" PCC, C-4 SY 316.5 121 SIDEWALK, 5" PCC, C-4 SY 36.6 122 EXCAVATION FOR NEW SIDEWALK SY 353.1 DIVISION II-WATER MAIN 1 DUCTILE IRON WATER MAIN, 6-INCH DIA., CLASS 52 LF 660.0 2 DUCTILE IRON WATER MAIN REMOVAL LF 660.0 3 GATE VALVE AND BOX, 6-INCH DIA. EACH 2.0 4 TEE, 6-INCH X 6-INCH DIA. EACH 1.0 5 SLEEVE, 6-INCH DIA. EACH 1.0 6 MEGALUGS, 6-INCH DIA. EACH 6.0 7 CONCRETE BLOCKING EACH 1.0 8 HYDRANT ASSEMBLY EACH 2.0 9 HYDRANT REMOVAL EACH 1.0 10 RECONNECT HYDRANT ASSEMBLY TO 6"X 6"TEE EACH 1.0 11 TEMPORARY PVC WATER MAIN LF 702.0 REMOVAL OF TEMPORARY PVC SURFACE.WATER MAIN 12 CONNECTIONS TO DUCTILE IRON WATER MAIN EACH 1.0 13 3/4" SHORT SIDE WATER SERVICES EACH 5.0 14 314" LONG SIDE WATER SERVICES EACH 8.0 15 2" LONG SIDE WATER SERVICES EACH 1.0 16 DRIVE OVER PROTECTION FOR TEMPORARY PVC WATER MAIN EACH 1.0 17 REMOVE INACTIVE PAVE BOX AND ABANDON WATER SERVICE EACH 6.0 LINE STUB IN PLACE 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 CERTIFIED MBE / WBE CONTRACTORS CITY OF WATERLOO, IOWA CONTRACT COMPLIANCE OFFICE Community Development Board Carnegie Annex,Suite 202 620 Mulberry Street Waterloo,Iowa 50703 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.ionesAwaterloo-ia.org Phone: (319) 291-4429 Fax: (319) 291-4431 MBEWBE Certified Contractors List Page 1 of 4 CERTIFIED MBE CONTRACTORS CARTER ELECTRIC 725 Adams Street Waterloo,IA 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) 493-2542 FAX: (319)236-0515 Contact: Terry Phillips Certified: City of Waterloo Certified MBE,Iowa DOT,TSB Certified Specializing in: COMMERCIAL AND RESIDENTIAL DEMOLITION, CONCRETE PAVING, DRIVEWAYS, TRUCKING(ALL TYPES), GENERAL CONSTRUCTION MBEMBE Certified Contractors List,Revised 9-9-14 Page 2 of 4 GREER'S WORKS 2003 Plainview Street Waterloo,lA 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 FLATWORKAND GENERAL CONSTRUCTION CERTIFIED WBE CONTRACTORS ATLAS PAINTING, INC.* 911 Sycamore Street P.O.BOX 65 Waterloo,IA 50704 Phone: (319)232-9164 Specializing in: MBE/WBE Certified Contractors List,Revised 9-9-14 Page 3 of 4 . COMMERCL4L AND INDUSTRIAL PAINTING 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, RVTAKE STRUCTURES X DENOTES WOMEN BUSINESS ENTERPRISE MBE/WBE Certified Contractors List,Revised 9-9-14 Page 4 of 4 E L N C N O O 's- E to O m "- O . L .Q O !EC L W N N a o 0 °Q O O m 4- rr ca a) C a W 0 .o O C O C a) O Q a) M . C •�', Q v Q o W U N O ipi 3 r. Q � cl,U E 0 a p ❑ C a) N L O U y 0 cJ M CL a) p U clS N O 0 .Q f (B ++ J Q 7 ❑ L V 0 0 a) d R .0 Q-s O Q -a � U m tm m O N " CaC � m o a) N > 'N O o - Ca a w U ❑ N O O LL U 0 ?? co w ~ cn -00 cu � a (� O oE - O N a) QV Q C L C LU OO oQZ OV � c O N Oa � ( Z cn � a - 1. O M ~ 0LLU 1 m a)O > O O N O E a) 0 WU O O w a) N a Z O +- Cl)N WL� m .N a) CE � N 4+ O LJJ O d V N O U L J C -0 � 0 Z > 0 i6 N N Y Q r_ za m � a Q'D0 o� NW U Cl) U (L U 1— a � O O a) O z N N may LO m m — QN Q 'o ° 5, as 4- co LU o mLU Z ao o00LO 'FooU) aN F' Z o m0 `� � � o � o � QN z asp N N -f W C m 0 � � � � Q N N 0m �- W _ :3 3: awN `n — W O , -a E a) C LL. WW i" a) 5 M a) CL Ca) Zm O co •3 tf O O •F5 Q. a " O L U U E Q- ca O W a) (6"- N OO O Q O m � LU m A a) E N N -'-' .�.� Ca 4. 0O v " W O Ln O Q m > ar- 0MLP m = Q V ui W 0— o F- U) O F �0 m < WO o ° W m C J m U L .O � ca d a Z -0 a. W e o a) -m c N o ai 0 can < � U c�a aCi � E ca N U ?' L O O E .- N a) C co Z m 7 O 7 "' C y 0 a) "O— O o 0) O M F- �, a) -a ca a)� r N N (6 m (n tL J "a 0- U 4+ W o LU 2 �O o Z Q a) y 0 U � a m r U m � � cu � 'Q O a) ca C U a) � ca 0 V ' to g- =3 N a) w v E C® , LL O� � - N a z a) ❑. n n >- W ca E cn MBEMBE 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 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 organization, 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 labor, equipment and materials and performing all operations, in connection with the FY2017 SALVAGED ASPHALT CRUSHING, Contract# - "� , in accordance with these specifications. The specification is dated May 3, 2017. They have he,_general title of FY2017 SALVAGED ASPHALT CRUSHING, Contract# I 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 voic. 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. Rubble, rubbish, trees, brush and other unsuitable material, as designated by the City, 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 City, shall be considered the Contractor's responsibility. 5. REMOVED MATERIALS All materials removed as part of this Contract shall remain the property of the City unless the City determines that the materials are not salvageable and the City does not want to retain ownership of the materials. Materials designated in the field by the City 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 City. No separate measurement or payment will be made for hauling or disposing of removed materials and it shall be considered incidental to applicable items. 6. OVERHAUL Overhaul will not be paid for "surplus material" obtained from any of the items of construction under this contract. The cost of overhaul will be considered as incidental to the items to which it applies. 7. MAILBOXES 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 considered 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, delivery to the City, a detailed estimate giving a complete breakdown of the lump sum contract prices. The submitted breakdown shall be approved by the City prior to any payment of any lump sum price items. 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 shall approve Contractor's work schedule prior to starting. All revisions shall also be approved. The City may change the schedule to accommodate changing construction conditions. The Contractor shall coordinate the work under this contract with contractors performing work under the 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 fifteen (15) days after receipt of the "Notice to Proceed" and diligently execute the work of the contract to completion. 12. PRE-CONSTRUCTION CONFERENCE Before any work is started, the Contractor shall arrange with the City to hold a pre- construction conference to discuss problems and schedules of contract. 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 Signs and Street 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 the "Iowa Manual on Uniform Traffic Control Devices for Streets and Highways" and shall provide, keep and maintain such barricades, signs etc, as may be required or as may be ordered by the City, to ensure the safety of the public as well as those engaged in the work. All barricading plans shall be reviewed by the City. No direct measurement for payment shall be made for any signs or barricades, but shall be considered for payment on a lump sum basis based on a percentage of work completed. 16. GRADES, LINES, LEVELS AND SURVEYS The Contractor shall verify all grades, lines, levels and dimensions as shown on the drawings, as he shall report any errors or inconsistencies in the same to the City before commencing work. 17. SAFETY OF WORKERS AND PUBLIC The Contractor shall, at all times, take necessary precautions to protect the life and health of all persons employed on this project and the public. He shall provide necessary safety devices and safeguards in accordance with latest and best accident prevention practices. All such protection shall be furnished to employees without cost. No direct measurement of payment shall be made for this protection but shall be considered incidental to other items of work. The public shall be kept outside of any work area. 18. WORKING ON SATURDAYS, SUNDAYS AND LEGAL HOLIDAYS The Contractor shall notify the City in writing forty-eight (48) hours in advance if work on Saturday is planned. Work on Sunday or legal Holidays require prior approval of the City in accordance with the Waterloo Standard Specifications. SPECIAL PROVISIONS 1. 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 City, shall be considered the contractors responsibility. 2. BARRICADES AND SIGNS The Contractor shall, at his own expense and without further or other order, provide, erect and maintain, at all times during the progress and suspension of the work and until completion and final acceptance thereof, suitable and requisite barricades, signs or other adequate protection, as required by the latest edition of the "Iowa Manual on Uniform Traffic Control Devices for Streets and Highways" and shall provide, keep and maintain such barricades, signs, etc, as may be required or as may be ordered by the City, to ensure the safety of the public as well as those engaged on the work. All barricading plans shall be reviewed by the Public Works Director. 3. CONSTRUCTION SCHEDULING The Contractor shall develop a schedule for construction that shall minimize disruption for the businesses in the area, for the City Street Department, and maintain local access as much as possible. The Public Works Director shall approve Contractor's work schedule prior to starting. All revisions shall also be approved. The City may change the schedule to facilitate 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"Notice to Proceed" and diligently execute the work of the contract to completion. 4. ASPHALT CRUSHING The City of Waterloo has salvaged and stockpiled asphalt from various streets and projects in the local area. This stockpile is located at the City of Waterloo Street Department storage site located on the east end of Commercial Street, east of Waterloo Lumber at 2135 Commercial Street. Only a portion of the existing stockpile is intended to be crushed under this contract. CRUSHING AND STOCKPILING The material shall be stockpiled in a manner that minimizes waste and the compaction and segregation of the stockpiled material. The crushed material shall be stockpiled with a belt placer/conveyor system without equipment or vehicular traffic on the crushed material. The contractor shall use a belt placer/ conveyor with a belt scale. The crushed material shall not be piled more than 25 feet high. The salvaged asphalt pavement material shall be crushed to meet the following gradation: Sieve Size Percent Passing 1 '/2 inch 100 3/ Inch 70-93 #200 0-15 Limitations Completion: Crushing of the asphalt material shall be completed by June 30, 2017. Quality Control: As above Sieve Analysis: The City of Waterloo will perform the sieve analysis according to IDOT Mtls. IM 304 Sieve Analysis of Combined Aggregates with the following exception: Determining the percent passing the #200 sieve will be required but will not require a sieve analysis as per Materials IM 306. The sample will be sieved at a surface-dry condition using no artificial heat and without washing. Testing and Crushing Operation: The first sample for a sieve analysis will be taken when 500 tons of material has been crushed. If the material is found to be in noncompliance with the specified gradation, adjustments to the crusher shall then be made. After another 500 tons have been crushed, another sample will be taken. This procedure shall continue until the crushed material meets the specified gradation. After the material has met the specified gradation, samples for sieve analysis shall be taken at one (1) per 1500 ton. However if the material is found to be out of specification at any point beyond the initial compliance, the crushing shall cease, adjustments made and the material again analyzed as if the project was just beginning. METHOD OF MEASUREMENT: Measurement of the material crushed shall be made in tons. This shall be accomplished by the use of a belt scale, provided by the Contractor. The belt scale shall be calibrated and/or sufficient proof provided that the scale is accurate. An accurate of reading of tons, crushed per day, initial and final, shall be made with representatives of both the Contractor and City present. BASIS OF PAYMENT: For the number of tons of asphalt crushing completed, the Contractor shall be paid the contract price per ton for final product. This payment shall be full compensation for crushing, weighing and stockpiling the asphalt material. Removal of any metal, wood or other type of debris encountered shall be considered incidental to these items. MOBILIZATION AND DEMOBILIZATION General: This item shall consist of preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies and incidentals to and from the project site and for the establishment of all other facilities which must be performed or costs incurred prior to beginning work on this project. Partial Payments: An estimate of the percentage of the project completed shall determine the percentage of the LUMP SUM bid price to be paid on partial payments. Up to a maximum of fifty percent (50%) of the lump sum mobilization bid price hall be paid prior to completion of the contract. 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 The permitted -to observe and-review. all work, materials, equipment, payrolls, personnel records, employment conditions, material invoices,, and other relevant data and records pertaining to this contract, provided, however, that all instructions and approval with respect to the work will be given to the contractor only by the City of Waterloo through its authorized representative or agents. 3. INSPECTION a. The contractor shall furnish promptly all materials reasonably necessary for any tests, which may be required. All tests by the City of Waterloo will be performed in such manner as not to delay the work unnecessarily and will be made in accordance with the provisions of the Technical Specifications. b. Inspection of materials and appurtenances to be incorporated in the improvements embraced in this contract may be made at the place of production, manufacture or shipment, whenever the quantity justifies it, and such inspection and acceptance, unless otherwise stated in the Technical Specifications, shall be final, except as regards (1) latent defects, (2) departures from specific requirements of the contract, (3) damage or loss in transit, or (4) fraud or such gross mistakes as amount to fraud. Subject to the requirements contained in the preceding sentence, the inspection of materials as a whole or in part will be made at the project site. 4. WARRANTY OF TITLE No material, supplies, or equipment to be installed or furnished under this contract shall be purchased subject to any chattel mortgage or under a conditional sale, lease-purchase or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. The contractor shall warrant good title to all materials, supplies, and equipment 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