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HomeMy WebLinkAboutMEMO - REQUEST FOR PROPOSAL cLuzic_ { \�- {�j�. T 4 E I WA t rr WATERL = LE ,E ,U ; '.SE-€ [C COMMISSION yew '�M 1101 Campbell Ave. • Waterloo, IA 50701 • (319) 291-4370 • Fax (319) 291-4297 ��E't100 PAUL HUTING • Leisure Services Director October 2, 2007 maw,* The City of Waterloo, IA, is soliciting qualified firms or individuals to provide the TIMOTHY J. Leisure Services Department with a comprehensive tree inventory of Waterloo's tree HURLEY resources and a software package that will effectively and efficiently manage those trees. COUNCIL Attached is a Request For Proposal for Waterloo's Tree Inventory Project that is due MEMBERS November 13, 2007. REGINALD A.Funding for this project is being sought from several sources including local and regional SCHMITT grant opportunities. If these sources do not produce the desired amount, a partial project Ward 7 may result. CAROLYN I encourage you to give us a proposal on this project with the attached specifications. COLE Ward 2 Please follow the directions of the RFP when preparing your proposal. Do not hesitate to contact me with any questions at 319-291-4370 or todd.derifield@waterloo-ia.org HAROLD Gard Y 3 Thank you and have a fantastic day! Ward 3 JOHN A. M r KINCAID k Wald 4 e RON Todd Derifield WELPER Waterloo City Forester Ward 5 1101 Campbell Ave. BOB Waterloo, IA 50701 GREENWOOD 319-2 91-43 70 At-Large ERIC GUNDERSON At-Larger WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer �o CITY OF WATERLOO IOWA REQUEST FOR PROPOSAL NOTICE OF PUBLIC HEARING WATERLOO TREE INVENTORY PROJECT 9/19/07 1) OBJECTIVE The City of Waterloo, IA, is soliciting qualified firms or individuals to provide the Leisure Services Department with 1)a comprehensive tree inventory for city-owned trees as detailed herein and 2)a software package that will effectively and efficiently manage Waterloo's tree resources as detailed herein. Start date for the project shall be April 15, 2008. It is intended that the inventory will be completed and software operational on or before August 31, 2008. 2) SCOPE OF WORK The awarded vendor shall provide all labor and materials necessary to inventory, inspect, and provide maintenance recommendations of all city owned trees in the target areas. The target areas shall be defined as the 1)City owned rights of way 2)Waterloo Parks 3)Waterloo Municipal Golf Courses (Iry Warren Memorial, Gates, & South Hills). The City of Waterloo and Black Hawk County have implemented a geographical information system (GIS). We are currently maintaining our GIS data using ESRI software. The projection is NAD 83, Iowa North Zone, State Plane Coordinate System with linear measurement in U.S. Survey feet. There are several layers of information developed to date. Vendors shall develop a plan that conforms to our current system (preferably using ESRI ArcMap 9.0 or newer for map maintenance). The awarded vendor shall provide management software that meets the attached specifications and is compatible with the City of Waterloo's GIS data format. 3) PROPOSAL DUE DATE Proposals will be accepted up until November 13, 2007, at 4pm in the City of Waterloo Clerk's office located at 715 Mulberry Street, Waterloo, Iowa, 50703, in a sealed envelope. When submitting proposal, please note on the lower, left-hand corner of envelope: A Waterloo Tree Inventory Project All proposals must meet or exceed the Specifications provided. Proposals that do not meet or exceed the Specifications may be rejected. All proposal prices are recognized by the City and the Vendor to be valid irrevocably for a minimum of sixty(60) days from the calendar date of the Proposal Opening. Standard procedure dictates that the City of Waterloo will accept the lowest responsive, responsible proposal. However, the Vendor understands that the City reserves the right to reject any proposal that is either considered not to be responsive or not most advantageous to the City. The City will normally award the contract to the responsible Vendor who meets or exceeds the minimum specifications provided. 4) PUBLIC HEARING A public hearing will be held by the Waterloo City Council on the proposed specifications for the Waterloo Tree Inventory Project at 5:30 pm on November 13, 2007. The hearing will be held in the Council Chambers of Waterloo City Hall. All Proposals submitted on time will be opened at this Hearing. The proposed project specifications are on file in the City Clerk's office, 715 Mulberry St. and the Waterloo Leisure Services Commission office, 1101 Campbell Ave., Waterloo, IA, for public examination. Any person interested may file written objection with the City Clerk before the date set for the hearing or appear and make objection at the meeting. 5)TERMS OF CONTRACT The contract shall be awarded for each individual part of Section 12—Tree Inventory Project Specifications as funding permits. 6) RIGHT TO REJECT PROPOSALS This RFP does not commit the City of Waterloo to award a contract,pay any cost incurred in the preparation of a proposal in response to this RFP or to procure or contract for services. The City intends to award a contract on the basis of the best interest and advantage to the City, and reserves the right to accept or reject any or all proposals received as a result of this request,to negotiate with all qualified vendors or to cancel this RFP in part or in its entirety, if it is in the best interest of the City to do so. 7) BOND The awarded vendor shall furnish a Performance Bond, within ten (10) days after notification of acceptance of the proposal, in an amount equal to one hundred percent (100%) of the proposal price. The Bond is to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operation of the awarded vendor. 8) AFFIRMATIVE ACTION PROGRAM The awarded vendor and any subcontractors will be required to execute and have approved an Affirmative Actions Program or Update before beginning work on the project, if they have been awarded an aggregate of$10,000 in City projects during the current calendar year. 9) METHOD OF PAYMENT The awarded vendor will be paid against monthly estimates of the work completed and work approved by the City Forester. Final payment will be 31 days after completion of the work and acceptance by the City Forester. Before final payment is made for said work, vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required. Published pursuant to the provision of Division VI of Chapter 384 the City Code of Iowa and upon order of the City Council of said Waterloo, Iowa, on the day of , 2007. City of Waterloo, Iowa, Nancy Eckert, City Clerk Mayor Timothy Hurley 10) COLLUSIVE AGREEMENTS A. Each vendor submitting a proposal shall execute and include with the proposal, a Non-Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. B. Each vendor submitting a proposal shall have each proposed subcontractor, if any, execute and include with the bid, a Non-Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. Before executing and subcontract, the successful vendor shall submit the name of any proposed subcontractor for approval by the City. 11)LIABILITY INSURANCE The successful vendor shall carry liability insurance which shall save the City harmless and protect the public and any person from injury sustained by the reason of the prosecution of the work or the handling or storing of materials therefore, and said Vendor shall also carry insurance which shall meet the requirements of the Iowa Worker's Compensation Law. Before the work shall be started on this contract, the Contractor shall furnish the City Clerk with proper affidavit or affidavits executed by representatives of duly qualified insurance companies, evidencing that said insurance company or companies have issued liability insurance policies, effective during the life of the contract, or for a period of at least ten (10) days following the filing of written notice of cancellation,protecting the public and any person from injuries or damages sustained by reason of carrying on the work involved in the contract. The affidavit shall specifically evidence the following forms of insurance protection: a. Public liability insurance covering all operations performed by persons directly employed by the Vendor. b. Public liability insurance covering all operations performed by any subcontractor to whom a portion of the work may have been assigned. c. Public liability insurance covering all work upon the project performed by any independent vendor working under the direction of either the principal vendor or a subcontractor. d. Motor vehicle bodily injury liability insurance and property damage liability insurance on all motor vehicles employed on the work, whether owned by the vendor or by other persons, firms, or corporations. e. The minimum protection shall be as follows: Comprehensive General Liability Insurance Bodily Injury(including wrongful death) $2,000,000.00 per person Aggregate, Products and Completed Operations $2,000,000.00 Property Damage $2,000,000.00 per accident Comp. Auto Bodily Injury $2,000,000.00 per person Property Damage $2,000,000.00 per occurrence The Vendor shall have the City of Waterloo, Iowa, named as an "Additional Named Insured" in the amount of$2,000,000.00 liability for bodily injury(including wrongful death) and property damage. A certificate or a policy, if requested, shall be filed with the Owner. All certificates and/or policies of insurance furnished by the Vendor to be filed with the City Clerk shall include the name and address of the agency issuing the same. It shall be required that the City Clerk be notified by registered mail of the cancellation or expiration of the above insurance. 12) TREE INVENTORY PROJECT SPECIFICATIONS PART I: STREET TREES The final product delivery by the awarded vendor must be provided in ESRI data format containing the attributes of all trees in the City of Waterloo right of ways. There are approximately 18,000 trees in the right-of way. The awarded vendor will collect attribute data on the trees in the right of way described above. In addition, the tree management software should store the tree database, and must link to Waterloo's GIS system for sharing of the database with other city departments. The street trees will include all tree sites located within the City right-of-way along the streets of Waterloo, IA. This will include all of the approximately 400 miles of City owned roadways. Areas of naturalized vegetation will not be inventoried. The data collection will be as follows: Location (Trees will be incorporated into the City's existing GIS database) • GPS Coordinates in NAD— 83, Iowa North Zone, State Plane Coordinate System with linear measurement in U.S. Survey feet (Accuracy shall be within 3'-6') • Zone (1-10) • Street name • Address • Block# (100,200,300, etc...) • Tree ID # • Site descriptors (tree well, parking width, blvd, etc...) Tree Identification • Botanical name(genus & species as found in USDA's Plants database— http://plants.usda.2ov) • Variety or cultivar when possible • Common name Size Classification • Diameter (DBH to the nearest inch) Condition Rating(As it relates to health of tree) • Excellent/Healthy& Vigorous • Good/Generally Healthy • Fair • Poor/Declining • Dead/Nearly Dead Risk Assessment (Used for structural integrity of tree) • Risk Assessment of tree will be performed only when defect(s) present. • Use USDA Community Tree Risk Evaluation Form in Urban Tree Risk Management: A Community Guide to Program Design and Implementation, USDA Forest Service Northeastern Area. Maintenance recommendations • Maintenance activities (Tree removal, Trim, Stump removal, Inspect, Monitor, Pick up downed limbs, Root Prune, Girdled Root Repair, Mulch, Water) • Maintenance activity extensions - clean, raise, clearance, reduce, thin, systematic, routine, young tree training, restoration, hanging limb(s). • Prioritize actions Suitable Planting site availability- Could possibly record in the Botanical name field and indicate the largest acceptable mature tree size (small, medium, large) Utilities Overhead electric and communications wires will be noted to aid future tree planting. The classes are: high voltage, low voltage, both Status Memorial tree Comments Allow space for notes to be included. Rules for collecting data • All trees along the city owned right-of-ways within the City limits of the City of Waterloo shall be inventoried. Volunteer trees in ditches will not be included in this inventory, unless they are greater than 20" in diameter. • Boundary line trees will be included when the mid-point of the tree or more is on the city right-of-way. • Species that are unrecognizable must be deteiiiiined. Bring samples to City Forester if needed. Metadata to be provided in FGDC Content Standard. PART II: MUNICIPAL GOLF COURSE TREES The awarded vendor will provide an inventory in ESRI data format containing the attributes of all trees in the City of Waterloo right of ways. This inventory shall contain the attributes as described in 'Part I: Street Trees' for the trees located on the City of Waterloo's three 18- hole municipal golf courses (South Hills Golf Course, Gates Golf Course, & Iry Warren Memorial Golf Course)with changes noted below. There are approximately 7,000 trees in all three golf courses combined. Location (Trees will be incorporated into the City's existing GIS database) • GPS Coordinates in NAD 83, Iowa North Zone, State Plane Coordinate System with linear measurement in U. S. Survey feet • Zone (1-10) - WILL NOT BE USED • Street name - WILL NOT BE USED • Address—Address of Golf Course • Block#- WILL NOT BE USED • Tree ID # • Site descriptors (left side of#9 fairway, right side of #10 tee, etc....) Status • Memorial tree (Include name of person tree purchased for and year planted) PART III: PARK TREES The awarded vendor will provide an inventory in ESRI data format containing the attributes of all trees in the City of Waterloo's parks. There are 52 parks in Waterloo that contain approximately 7,000 trees. The attributes will be the same as Part II in the Golf Courses. PART IV: TREE MANAGEMENT SOFTWARE Provide a tree management software package and training. The software package shall allow City personnel to effectively and efficiently manage Waterloo's tree resources. The preferred mapping software package would be using ESRI ArcMap 9.0 or greater. Standard primary function of tree management software must include: 1) Tree and site information 2) Work history information 3) Service request information 4) Maintain up-to-date computer file of all trees in the inventory—should be able to generate user defined summary reports, listings, work orders. Software Requirements and Capabilities • Must have options to download computer files for field inspections and upload from hand-held to PC to update (add, delete or change) information in the PC's master data files. • Capability to update data in the field and permit electronic data entry using hand-held, laptop, or tablet PC's. • Use drop down lists in field data collection where ever feasible. • Must be able to easily add new tree locations with attached data on the aerial displays. • Must be able to select tree from aerial photo and display all of selected tree's data. • Generate work orders and inspection orders within geographical areas for scheduling fieldwork. Aerial map and description must be part of work order. • Work order must display a) Type of Work(Maintenance Activities) • Trimming • Tree Removal • Stump Removal • Inspect • Monitor • Pick up downed limbs • Root Prune • Girdled Root Repair • Mulch • Water b) Maintenance Activity Extensions • Clean • Raise • Clearance • Reduce • Thin • Systematic • Routine • Young Tree Training • Restoration • Hanging limb(s) c) Priority of Work Order d) Location(written address and aerial map with tree located on map) e) Date work order issued f) Date work order completed g)Personnel that completed work order h) Species of tree i) Size of tree (DBH) j) Condition of tree k) Risk Assessment of Tree 1) Reason for Work(Public Request, Mayor Request Systematic, Routine,Storm related, Observed, City Dept. Request) m)Name, address,phone, and date of owners/requester's request n) Comments • Capability to store entire work orders and inspection orders. • Capability to store completed work orders. • Displays all pertinent information regarding one tree (tree/site information, work history information, and service request information) on screen. • Displays year planted(if known) and if a Permit was issued(yes or no/date/by whom) • Maintains information on removed trees for future reference. • Stores unlimited comments for any tree,work history, or service request. • Displays attributes collected in Part I, II, &III and leaves room to add attributes later. • Displays tree location(s) on Aerial Photos that are part of the City of Waterloo/Black Hawk County GIS system using ArcMap 9 or newer. • Must offer unlimited work history per tree (past work orders with dates and personnel present) • Must allow the user to make multiple work history entries with single command. • Must have multiple client-specified indices for each function so that any report run on a routine basis can be completed very quickly. • Capable to attach photos of tree (image quality? Date photo taken, Comments about photos, and storage method?) • Shall automatically change maintenance activity to stump removal when tree is removed. • Capable to set reminders for trees that need to be monitored on a 3,6, or 12 month cycle • Capable to set reminders for young trees to be trained for first 15-20 years on a 2 year cycle. • Capability to address systematic trimming cycle in the 10 zones on a per zone basis. • Display property owner infoiination (name, address, phone#) • Ability to track service requests. • Mapping must be compatible to Black Hawk County and City of Waterloo GIS system. The tree locations should be another layer in the system. Currently ESRI ArcMap 9.2 is being used within the City of Waterloo and Black Hawk County. • Must have multiple client-specified indices for each function so that any report run on a routine basis can be completed very quickly. • Display status of recommended maintenance activity(Requested, Work Order Issued, Work Order Completed) with dates. • Determine most efficient service routes • Permission to alter the actual database must be appropriately limited. Passwords and multiple access levels should be used. • Must be compatible to iTREE— STRATUM (Developed by the US Forest Service) • Must be able to update City/County GIS system as trees are removed or planted. • Must provide training of software, continuing support and development and specify the how many hours/days will be included. 13) Data Collection Methodology Collect data on hand-held microcomputer, labtop PC, or Tablet PC so that data can be transferred for processing. 1. The hand-held computers must have a complete list of streets to ensure only correct spellings and extensions. 2. All information collected must have the date and the field crew's name automatically recorded with it. 3. All inventories must have the capabilities to transfer information to a personal computer daily. 4. Quality control check within 5% 5. Experienced personnel must be selected to collect the data. Resumes of personnel to be assigned to the project must be submitted with proposal. 6. Provide the field data collected, including the complete tree inventory and other associated files with a "tree management for windows" software. 14) Qualification Requirements The following list is the minimum vendor qualification requirements. 1) At least 5 years experience providing similar service to a firm or City of similar size. 2) At least 3 references for clients currently/previously served. 3) At least one of the references to be a city/county/state/federal client. 15) Proposal Format Your proposal should include the following: 1) Completed and signed Proposal Form; 2) Statement of Vendor's Qualifications form attached herein; 3) Non-Collusion Affidavit of Prime contractor and sub(if any); 4) Equal Opportunity Clause 5) Examples of similar services as detailed in item 14. o) riuviuc a Lime flue for Cuiiipieuou ui eaCu pai Ill eilloly pi specifications (Section 12) from date of award. 7) Provide sample forms exhibiting the type of data/inventory specification in the tree inventory project specifications section (Section 12). 8) Each Vendor is required to submit a Demo CD presenting examples of the software to be utilized in the project. 9) Provide a description of system requirements for operation of software, viewing the data, storage of data, collection of data, and transfer of data from field to office. Also supply information of what format the database is and if the data can be exported to other foiiiiats. 16) Cost Summary In the Proposal Form attached herein specify a lump sum price for each part of the scope of work based on the estimated number of trees. A. A lump sum price for specified infoiiiiation from approximately 18,000 trees located within the City of Waterloo's Street Rights-of-Way. B. A lump sum price for the specified information from approximately 7,000 trees located within Waterloo's 3 municipal golf courses—Gates, South Hills, and Iry Warren Memorial. C. A lump sum price for the specified information from approximately 7000 trees located within Waterloo's 52 parks. D. A lump sum price shall be submitted for the Tree Inventory and Management Software package (including training). E. A lump sum shall be submitted for preparation of a Tree Management Plan for each tree quantity indicated above. F. The proposal must include a cost basis for additions or deletions of trees in the target areas. 17)CITY OF WATERLOO CONTACT PERSON If there are any questions concerning this Request for Proposal, please contact: Todd Derifield, City Forester, at 319-291-4370. CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES REQUEST FOR PROPOSAL FORM for the WATERLOO TREE INVENTORY PROJECT Company Name: Address: City/State: Zip Code: L-01114L 1 r c1 sou. Phone: Our lump some price for each part of the Tree Inventory Project Specifications section is listed below. A)Lump sum price for specified data from approximately 18,000 trees located within the City of Waterloo's Street Rights-of-Way. dollars ($ ) B) Lump sum price for the specified data from approximately 7,000 trees located within Waterloo's 3 municipal golf courses—Gates, South Hills, and Iry Warren Memorial. dollars($ ) C) Lump sum price for the specified data from approximately 7,000 trees located within Waterloo's 52 parks. dollars($ ) D) Lump sum price shall be submitted for the specified Tree Inventory and Management Software package (including installation & training). dollars($ ) E) Lump sum shall be submitted for preparation of a Tree Management Plan for each tree quantity indicated above. dollars($ ) F) The cost basis for additions or deletions of trees in the target areas on a per tree basis. +/- dollars/tree(+/-$ /tree) All terms, conditions,and requirements as set forth in this Request for Proposal are acceptable as specified therein. Yes No If"NO", please provide a detailed description and/or explanation of any deviation in your proposal from the specification detailed in the Request for Proposal with your proposal response. Any deviation(s) from the attached specifications is noted and attached. All attachments from Section 15 (Proposal Format) are attached. Signature Date REQUEST FOR PROPOSAL FORM PAGE 2 OF 2 STATEMENT OF VENDOR'S QUALIFICATIONS All questions shall be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Vendor may submit any additional information desired. 1. Name of Vendor. 2. Permanent main office address. 3. When organized. 4. If a corporation, where 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 similar projects recently completed by your company, stating the approximate cost for each, and the month and year completed. 11. Give references as detailed in Section 12 (Qualification Requirements). 12. Background and experience of the principal members of your organization, including the personnel to be assigned to the City of Waterloo. 13. Credit available: $ 14. Give Bank reference: 15. 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? 16. 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 Vendor's Qualifications. Dated this day of , 20 . Name of Vendor By: Title: State of ) ) ss County of ) ,being duly sworn deposes and says that she/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 , 20 Notary Public My commission expires , 20 STATEMENT OF BIDDER'S QUALIFICATIONS PAGE 2 OF 2 NON-COLLUSION AFFIDAVIT OF PRIME VENDOR State of ) County of ) , being first duly sworn, deposes and says that: 1. He is (Owner), (Partner), (Officer), (Representative), or (Agent) of the Bidder that has submitted the attached Bid; 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, film or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead,profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Title S tths-cribed.u.v 1'sworn,to-before.we e/thi4( day of , 2007. Su0-vu uvei Tiles My 1,re, NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR State of ) 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 WATERLOO TREE INVENTORY PROJECT in Waterloo, Black Hawk County, Iowa; 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; 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. Signature Title S uIrscvra>ed.a vi di kwOY►v to-Wore.tee.vner th.s, day of , 2007. S%cd-uituve/ TitteJ My conunivv e4zpi,re47 EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) All vendors, subcontractors, and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as follows: 1. The vendor, subcontractor, 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 j 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 vendor, subcontractor, 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 vendor, subcontractor, 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 vendor, subcontractor, and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. 5. The vendor, subcontractor, 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 vendor himself/herself and said 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. EQUAL OPPORTUNITY CLAUSE PAGE] OF 2 6. In the event of the vendor'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 vendor, subcontractor, 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 vendor, 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