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HomeMy WebLinkAboutPROJECT MANUAL - TABLE OF CONTENTS Table of Contents NOTICE TO BIDDERS NOTICE OF PUBLIC HEARING INSTRUCTION TO BIDDERS GENERAL CONDITIONS BID FORM STATEMENT OF BIDDER'S QUALIFICATIONS BID BOND NON-COLLUSION AFFIDAVIT OF PRIME BIDDER COLLUSION AFFIDAVIT OF SUBCONTRACTOR EQUAL OPPORTUNITY CLAUSE SALES TAX EXEMPTION FORM MBE/WBE CONTRACT COMPLIANCE PROGRAM MBE/WBE PRE-BID CONTACT INFORMATION FORM INSTRUCTIONS MBE/WBE CERTIFIED CONTRACTORS NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost For the FY 2019 Gates Park Golf Maintenance Building Project, CONTRACT NO. 1000 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 3rd day of October, 2019 until 1:00 p.m. for the construction of the Gates Park Maintenance Building Project, No. 1000 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 3rd day of October, 2019 at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above-described improvement project at 5:30 p.m. on the 7th day of October, 2019, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said improvements heretofore prepared by AHTS Architects are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. The NOTICE TO BIDDERS can be viewed at the following locations: 1) City of Waterloo web site at http://ci.waterloo.ia.us/ 2) Plan rooms: Master Builders of Iowa 221 Park Street, PO Box 695 Des Moines, IA 50303 Rapid Reproductions 6201 Chancellor Drive NOTICE OF HEARING CONTRACT NO. 1000 Page 1 of 2 Cedar Falls, IA 50613 3) Plan Room Web sites: Master Builders of Iowa web site at www.mbionline.com Dodge Lead web site: http://dodgeprojects.constructon.com/ Reed Const. Data Lead web site: http://www.cmdgroup.com/project- leads/ SCOPE OF WORK The extent of the work involved is the construction of a 3200 sq. ft. wood framed and steel siding building with continuous footings and foundation walls. The building is partially heated and cooled with new electrical service, new plumbing including septic tank and drain fields. Add alternates consist of the demolition of the existing building. Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the 7th_day of October, 2019. CITY OF WATERLOO, IOWA BY: Kelley Felchle City Clerk NOTICE OF HEARING CONTRACT NO. 1000 Page 2 of 2 NOTICE TO BIDDERS For the Taking of Construction Bids for the FY 2019 Gates Park Golf Maintenance Building Project, CONTRACT NO. 1000 PRE BID MEETING Pre Bid meeting will take place on Thursday, September 19, 2019 @ 10:00am at Gates Park Golf Maintenance Building, 1700 N. Barclay Street, Waterloo, Iowa. 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 3rd day of October, 2019 before 1:00pm for the construction of the Gates Park Maintenance Building, No. 1000, 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 3rd day of October, 2019, at 1:00pm and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. PUBLIC HEARING The Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above-described improvement project at 5:30 p.m. on October 7, 2019, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. SCOPE OF WORK The extent of the work involved is the construction of a 3200 sq. ft. wood framed and steel siding building with continuous footings and foundation walls. The building is partially heated and cooled with new electrical service, new plumbing including septic tank and drain fields. Add alternates consist of the demolition of the existing building. BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced within ten (10) working days after receipt of "Notice to Proceed" and all items shall be completed on or before June 1, 2020. NOTICE TO BIDDERS CONTRACT NO. 1000 Page 1 of 5 METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against bi-monthly estimates in cash on the basis of ninety-five percent (95%) of the work as it is completed and materials delivered and work approved. Final payment will be made thirty-one (31) days after completion of the work and acceptance by the Council. Before final payment is made, vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required unless the City is satisfied that material, men and laborers have been paid. The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay estimates, according to Chapter 384.57 of the Code of Iowa, payment may be made by anticipatory warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A, Code of Iowa. PLANS AND SPECIFICATIONS Plans and Specifications governing the construction of the proposed improvements have been prepared by AHTS Architects which plans and specifications and also the prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice, and the proposed contract by reference shall be executed in compliance therewith. Plans and Specifications are available from AHTS Architects upon the receipt of a $25.00 refundable deposit. Deposits will be refunded if the plans are returned in usable condition (i.e. generally free of highlights, ink markings, tears, stickers, water stains and soiling) to ARTS Architect (327 E. 4th Street Suite 204, Waterloo, Iowa 50703)_by the end of the 14th consecutive day after the project has been awarded. No deposits will be refunded for any requests or plans received after the 14th consecutive day, which includes plans returned via mail service. Plan holders are responsible for ascertaining when the project has been awarded. . If the plan holder is the prime contractor or a subcontractor or supplier of the prime contractor that has been awarded the project, Plans and Specifications do not need to be returned to receive the deposit. The prime contractor must submit a list of his subcontractors and suppliers for the architect to verify eligibility for the refundable deposit. Upon award of project, the prime contractor, his subcontractors and suppliers shall be supplied with the needed number of plans and specifications at no additional cost. CONTRACT AWARD A contract will be awarded to the qualified bidder submitting the lowest bid. NOTICE TO BIDDERS CONTRACT NO. 1000 Page 2 of 5 The City reserves the right to reject any or all bids, re-advertise for new bids, and to waive informalities in the bids submitted that might be in the best interest of the City. Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty (30) days from the day of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding the contract. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced with the State of Iowa and preference will be given to local domestic labor in the construction of the improvement. PROPOSALS SUBMITTED The bidder shall submit bids on the items listed in the proposal. The bidder shall clearly write or type the lump sum price in numerals on the blanks provided. The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price and Total Bid. The computer-generated spreadsheet shall include all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer-generated spreadsheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond, (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the Bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. PERFORMANCE & PAYMENT BONDS The successful bidder will be required to furnish a "Performance Bond" and a "Payment Bond" within ten (10) days after forms are presented to him in an NOTICE TO BIDDERS CONTRACT NO. 1000 Page 3 of 5 amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained, and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operations of the contractor. MAINTENANCE BOND Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. CONTRACT COMPLIANCE PROGRAM / SUBCONTRACTING The program proposes numerical projections regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as Subcontractors, vendors and suppliers in the performance of Contracts awarded by the City of Waterloo, Iowa. A goal of at least ten percent (10%) for MBE participation on all City funded construction projects that are estimated at $50,000.00 or more. A goal of at least two percent (2%) for WBE participation on all City funded construction projects that are estimated at $50,000.00 or more. Any project funded in part or in total with federal funds shall follow the respective agencies contract compliance program and goals. The Prime Contractor shall make "good-faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontractors, suppliers or vendors must provide the Prime Contractor a reasonably competitive price for the service being rendered or the Contractor is not required to accept their bid. LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the specified contract period, plus authorized extensions, the contractor shall pay to the City Liquidated Damages in the amount of five hundred dollars ($ 500.00 ) per day, for each day, as further described herein, in excess of the authorized time. Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that the contractor does, or could have worked, from Monday through Saturday. Sundays will be counted only if work is performed. Partial working days will be considered as a full working day. Days NOTICE TO BIDDERS CONTRACT NO. 1000 Page 4 of 5 not chargeable for Liquidated Damages will include rain days, Sunday if no work is done, and legal holidays. Working days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work the Contractor shall submit to the Engineer in writing a request that working days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering and contract administration. PRE-CONSTRUCTION CONFERENCE Before the work is commenced on this contract, a conference shall be held for the purpose of discussing the contract. The conference shall be attended by the prime contractor, subcontractors and City Officials. SALES TAX EXEMPTION CERTIFICATES Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building materials or supplies in the performance of construction contracts let by the City of Waterloo. Posted pursuant to the provisions of Chapter 26 of the City Code of Iowa. CITY OF WATERLOO, IOWA NOTICE TO BIDDERS CONTRACT NO. 1000 Page 5 of 5 CITY OF WATERLOO, IOWA Waterloo Leisure Services INSTRUCTION TO BIDDERS I. EXPLANATIONS TO BIDDERS Any explanation desired by a bidder regarding the meaning or interpretation of the Notice to Bidders, Plans, Specifications, etc., must be requested in writing and with sufficient time allowed for a reply to reach bidders before submission of their bids. Any interpretation made will be in the form of an amendment of the Notice to Bidders, Plans, Specifications, etc., and will be furnished to all prospective bidders. Its receipt by the bidder must be acknowledged in the space provided on the Proposal Form or by letter or telegram received before the time set for opening of bids. Oral explanations or instructions given before the award of the contract will not be binding. II. PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Waterloo Leisure Services. Before submitting a bid, each bidder shall carefully examine the drawings (if any), read the specifications and all other contract documents and visit the site of the work. Each bidder shall be fully informed, prior to the bidding, as to all existing conditions and limitations under which the work is to be performed and shall include in this bid a sum to cover the cost of all items necessary to perform the work as set forth in the contract documents. No allowance will be made to any bidder because of lack of such examination or knowledge. The submission of a bid shall be construed as conclusive evidence that the bidder has made such examination. The bidder's attention is directed to the fact that all applicable state laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over the project shall apply to the Contract throughout and they shall be deemed to be included in the Contract the same as though herein written out in full. III. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids and modifications or withdrawals thereof received at the office designated in the Notice to Bidders after the exact time set for closing of bids will not be considered. However, a modification which is received from an otherwise successful bidder, and which makes the terms of the bid more favorable to the City, will be considered at any time it is received and may thereafter be accepted. Bids may be withdrawn by written or telegraphic request received from bidders prior to the time set for closing of bids. IV. PUBLIC OPENING OF BIDS Bids will be publicly opened at the specified time and place for opening in the Notice to Bidders. Their content will be made public for the information of bidders and others interested who may be present either in person or by representative. V. COLLUSIVE AGREEMENTS A. Each bidder submitting a bid shall execute and include with the bid, a Non-Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. B. Each bidder submitting a bid shall have each proposed subcontractor, if any, execute and 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 any subcontract, the successful bidder shall submit the name of any proposed subcontractor for approval by the City. VI. MBE/WBE CONTRACT COMPLIANCE PROGRAM/SUBCONTRACTING The program proposes numerical projections regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as Subcontractors, vendors and suppliers in performance of contracts awarded by the City of Waterloo, Iowa. A goal of at least 10 percent (10%) for MBE participation on all City funded construction projects that are estimated at $50,000.00 or more. A goal of at least two percent (2%) for WBE participation on all City funded construction projects that are estimated at $50,000.00 or more. Any project funded in part or in total with federal funds shall follow the respective agencies contract compliance program and goals. The Prime contractor shall make "good-faith efforts" to meet the contract Compliance MBE/WBE goals. The MBE/WBE subcontractors, suppliers or vendors must provide the Prime Contractor a reasonably competitive price for the service being rendered. For more information contact City of Waterloo Contract Compliance: Rudy D. Jones, Director Community Development Board 620 Mulberry Street Suite 202 Waterloo, Iowa 50703 (319) 291-4429 VII. EMPLOYMENT AND BUSINESS OPPORTUNITY (SECTION 3/ HUD ACT OF 1968) To the greatest extent feasible, suppliers, subcontractors, and low income workers owning businesses or living in the Waterloo area must be given priority in supplying materials, bidding for subcontract work, or applying for employment by the contractor on this project. Opportunities for training and for employment arising in connection with this project shall to the greatest extent feasible be made available to lower income persons residing in the project area. The Contract area is the City of Waterloo. The City of Waterloo will require the contractor to document his efforts in securing lower income workers living in the project area and in purchasing supplies from, and awarding subcontracts to, businesses owned by persons residing in the project area. See Section 3 Clause attachment for more information. IX. STATEMENT OF BIDDER'S QUALIFICATIONS Each Bidder shall, upon request of the Waterloo Leisure Services, submit on the form furnished a statement of the Bidder's qualifications, his/her experience record in completing the type of project proposed, and equipment available for the work contemplated; and when requested, a detailed financial statement. The Waterloo Leisure Services shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform obligations under the Contract; and the Bidder shall furnish the Waterloo Leisure Services all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy the Waterloo Leisure Services that the Bidder is qualified to carry out properly the terms of the Contract. X. EXECUTION OF AGREEMENT, BOND, AND CERTIFICATE OF INSURANCE A. Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful bidder shall execute and deliver to the City, an agreement in the form included in the contract documents in such number of copies as the City, may require. B. Having satisfied all conditions of award as set forth elsewhere in these documents, the successful bidder shall, within the period specified in paragraph "A" above, furnish a surety bond in a penal sum not less than the amount of the contract as awarded, as security for the faithful performance of the contract and the terms and conditions therein contained and shall guarantee the prompt payment of all persons, firms, or corporations to whom the contractor may become legally indebted for labor, materials, tools, equipment, or services of any nature including utility and transportation services, employed or used by him/her in performing the work. The bond shall protect and save harmless the City and Waterloo Leisure Services from claims and damages of any kind caused by the operations of the contractor and shall also guarantee the maintenance of the contract improvements for the period stated in the Notice of Hearing from and after completion of said improvements and their acceptance by the City and the Waterloo Leisure Services. Such bond 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 bond. 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 Conditions. 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 Named 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 Worker's Compensation insurance for all his employees and those of his subcontractors engaged in work at the site, in accordance with State Worker's Compensation Laws. D. The failure of the successful bidder to execute such agreement and to supply the required bond or bonds within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the City, may grant, based upon reasons determined sufficient by the City, may either award the contract to the next lowest responsible bidder or re-advertise for bids, and may charge against the bidder the difference between the amount of the bid and the amount for which a contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid guaranty. If a more favorable bid is received by re-advertising, the defaulting bidder shall have no claim against the City or Waterloo Leisure Services for a refund. FORM OF BID OR PROPOSAL F.Y. 2019 Gates Park Golf Maintenance Building Project, CONTRACT NO. 1000 Honorable Mayor and City Council Waterloo, Iowa Gentlemen: 1. The undersigned, being a Corporation existing under the laws of the State of , a Partnership consisting of the following partners: , having familiarized (himself) (themselves) (itself) with the existing conditions on the project area affecting the cost of the work, and with all the contract documents listed in the Table of Contents and Addenda (if any), as prepared by the City Engineer of the City of Waterloo now on file in the office of the City Clerk, City Hall, Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to construct and complete this, F.Y. 2019 Gates Park Golf Maintenance Building Project, CONTRACT NO. 1000, all in accordance with the above-listed documents and for the unit prices for work in place for the following items and quantities: DESCRIPTION TOTAL 1 Mobilization Labor 2 Footings & Foundations 3 Plumbing 4 Electrical 5 HVAC 6 Septic System 7 General Construction 8 Doors & Windows 9 Contingency Allowance $5,000.00 BASE BID TOTAL ADD ALTERNATES TOTAL 1 7500 Heaters for Heated Bay 05 2 Road Rock Around Building 3 Demolition of Existing Building 4 Subcontract MTI Distributing for Irrigation Wiring *ALTERNATES TO BE SELECTED/ACCEPTED BY THE CITY FORM OF BID CONTRACT NO. 1000 Page 1 of 3 *ALTERNATES TO BE SELECTED/ACCEPTED BY THE CITY 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit bid price for the work done shall govern in the actual payment to Contractor. 3. In submitting this bid, the bidder understands that the right is reserved by the City of Waterloo, Iowa, to reject any or all bids. If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned within thirty (30) days after the opening thereof, or at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of the insurance within ten (10) days after the agreement is presented to him for signature, and start work within ten (10) days after "Notice to Proceed" is issued. 4. Security in the sum of Dollars ($ ) in the form of , is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS. 5. Attached hereto is a Non-Collusion Affidavit of Prime Contractor. 6. Attached hereto is a Resident Bidder Certification ( ), or Non- Resident Bidder Certification ( ). (Mark one.) 7. The bidder is prepared to submit a financial and experience statement upon request. 8. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. 9. The bidder has received the following Addendum or Addenda: Addendum No. Date 10. The bidder shall list the MBE/WBE subcontractor(s), amount of subcontracts and bid items on the City of Waterloo Minority and/or Women Business Pre-bid Contact Information Form submitted with this Form of Bid or Proposal. The apparent low Bidder shall submit a list of all other FORM OF BID CONTRACT NO. 1000 Page 2 of 3 Subcontractor(s) to be used on this Project to the City of Waterloo by 5:00 p.m. the business day following the day Bids on this Project are due along with the Non-Collusion Affidavits of All Subcontractor(s). The Contractor shall submit information on subcontractors on "SUBCONTRACTOR REQUEST AND APPROVAL" Form to be provided by City prior to approval of contract. The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons: 1) The City of Waterloo does not approve the subcontractors. 2) The subcontractors submit in writing that they cannot fulfill their subcontracts. 11. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA". 12. The bidder has attached all applicable forms. 13. The Owner reserves the right to select alternates, delete line items, and/or to reduce quantities prior to the award of a contract due to budgetary limitations. (Name of Bidder) (Date) BY: Title Official Address: (Including Zip Code): I.R.S. No. FORM OF BID CONTRACT NO. 1000 Page 3 of 3 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit bid price for the work done shall govern in the actual payment to Contractor. 3. In submitting this bid, the bidder understands that the right is reserved by the City of Waterloo, Iowa, to reject any or all bids. If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned within thirty (30) days after the opening thereof, or at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of the insurance within ten (10) days after the agreement is presented to him for signature, and start work within ten (10) days after "Notice to Proceed" is issued. 4. Security in the sum of Dollars ($ ) in the form of , is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS. 5. Attached hereto is a Non-Collusion Affidavit of Prime Contractor. 6. Attached hereto is a Resident Bidder Certification ( ), or Non- Resident Bidder Certification ( ). (Mark one.) 7. The bidder is prepared to submit a financial and experience statement upon request. 8. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. 9. The bidder has received the following Addendum or Addenda: Addendum No. Date 10. The bidder shall list the MBE/WBE subcontractor(s), amount of subcontracts and bid items on the City of Waterloo Minority and/or Women Business Pre-bid Contact Information Form submitted with this Form of Bid or Proposal. The apparent low Bidder shall submit a list of all other Subcontractor(s) to be used on this Project to the City of Waterloo by 5:00 p.m. the business day following the day Bids on this Project are due along with the Non-Collusion Affidavits of All Subcontractor(s). FORM OF BID CONTRACT NO. 1000 Page 2 of 3 The Contractor shall submit information on subcontractors on "SUBCONTRACTOR REQUEST AND APPROVAL" Form to be provided by City prior to approval of contract. The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons: 1) The City of Waterloo does not approve the subcontractors. 2) The subcontractors submit in writing that they cannot fulfill their subcontracts. 11. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA". 12. The bidder has attached all applicable forms. 13. The Owner reserves the right to select alternates, delete line items, and/or to reduce quantities prior to the award of a contract due to budgetary limitations. (Name of Bidder) (Date) BY: Title Official Address: (Including Zip Code): I.R.S. No. FORM OF BID CONTRACT NO. 1000 Page 3 of 3 CITY OF WATERLOO, IOWA Waterloo Leisure Services GENERAL CONDITIONS Definitions Whenever used in any of the Contract Documents, these terms shall be defined as follows: Contract - means the Contract or Agreement executed by and between the City of Waterloo and the Contractor. Owner or Local Public Agency (LPA) - means the Waterloo Leisure Services. Contractor- means the person, firm or corporation entering into the Contract with The City of Waterloo, to construct and install the improvements described in the Specifications and shown on the Plans or Drawings. Contract Documents - means and shall include the following: Executed Contract or Agreement, Addenda (if any), Invitation for Bids, Instructions to Bidders, Signed Copy of Bid, General Conditions, Special Conditions, Specifications, and Plans or Drawings. Superintendence by Contractor Except where the Contractor is an individual and gives personal superintendence to the work, the Contractor shall provide a competent superintendent, satisfactory to the Waterloo Leisure Services/City of Waterloo, on the work site at all times during working hours with full authority of the Contractor. The Contractor shall also provide an adequate staff to properly coordinate and expedite the work. The Contractor shall lay out and be responsible for all work executed under this Contract. The Contractor shall verify all figures and elevations before proceeding with the work and will be held responsible for any error resulting from failure to do so. Other Contracts The City of Waterloo may award or may have awarded other Contracts for additional work, and the Contractor shall cooperate fully with other Contractors, by scheduling work under this Contract with that to be performed under other Contracts as may be directed by the Waterloo Leisure Services/City of Waterloo. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other Contractor as scheduled. Fitting and Coordination of the Work The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all Subcontractors engaged upon this Contract. The Contractor shall be prepared to guarantee to each Subcontractor the locations and measurements which they may require for the fitting of their work to all surrounding work. Care of Work The Contractor shall be responsible for all damages to person or property that occur as a result of negligence in connection with the execution of work and shall be reasonable for the proper care and protection of all materials delivered and work performed until completion and final acceptance by the Waterloo Leisure Services. The Contractor shall provide sufficient security, both day and night, including weekends and holidays, from the time the work is commenced until final completion and acceptance, except when work being performed does not require protection. The Contractor shall be responsible for any loss of work, materials, equipment or time due to acts of any person on the project site. Therefore it is the responsibility of the Contractor to determine when security is needed. The Contractor shall avoid damage to existing sidewalks, streets, curbs, pavements, structures, and utilities except those which are to be replaced or removed. Any damage caused by the Contractor's operation shall be completely repaired at no expense to the Owner. General Requirements The Contractor shall be responsible for being informed as to all existing conditions and limitations under which the work is to be performed. No extra allowance will be made because of lack of such examination or knowledge. The Contractor shall not disturb existing walks, drives, parking areas, trees, shrubs, or turf areas outside the limits of the project. If disturbed, these items shall be replaced by the Contractor at no cost to the Owner. Trees and shrubs located in or near the project area shall be protected by the Contractor from damage by workers and construction equipment during time of construction. The City Forester will determine the extent of protection necessary for the trees. Permits and Codes The Contractor shall secure from the appropriate departments of the local government, at no charge, the required building, electrical, plumbing and heating permits The Contractor shall give all notices required by, and comply with all applicable municipal and state laws, ordinances and codes. Liability Insurance The Contractor shall carry liability insurance which shall save the City harmless and protect the public and any person from injury sustained by the reason of the prosecution of the work or the handling or storing of materials therefore, and said Contractor 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/Finance Manager 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 Contractor. b. Public liability insurance covering all operations performed by any subcontractor to whom a portion of the work may have been assigned. c. Public liability insurance covering all work upon the project performed by any independent contractor working under the direction of either the principal contractor or a subcontractor. d. Motor vehicle bodily injury liability insurance and property damage liability insurance on all motor vehicles employed on the work, whether owned by the contractor or by other persons, firms, or corporations. e. The minimum protection shall be as follows: Comprehensive General Liability Insurance 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 Contractor 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. THE CITY OF WATERLOO IS TAX EXEMPT. All certificates and/or policies of insurance furnished by the Contractor to be filed with the City Clerk/Finance Manager shall include the name and address of the agency issuing the same. It shall be required that the City Clerk/Finance Manager be notified by registered mail of the cancellation or expiration of the above insurance. Removal of Debris, Cleaning, Etc. The Contractor shall periodically, or as directed during the progress of the work, remove and legally dispose of all surplus excavated material and debris, and keep the project area reasonably clean. Upon completion of the work the Contractor shall remove all temporary construction facilities, debris and unused materials provided for the work and put the whole site of the work in a neat and clean condition. STATEMENT OF BIDDER'S QUALIFICATIONS (To be submitted by the Bidder only upon request of the City of Waterloo,Iowa.) 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 Bidder may submit any additional information desired. 1. Name of Bidder. 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 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 the contract. 12. Experience in construction work similar in importance to the project. 13. Background and experience of the principal members of your organization, including the officers. 14. Credit available: $ 15. Give Bank reference: 16. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the City of Waterloo,Iowa? 17. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City of Waterloo, Iowa, in verification of the recitals comprising this Statement of Bidder's Qualifications. STATEMENT OF BIDDERS QUALIFICATIONS PAGE 1 OF 2 Dated this day of , 20 Name of Bidder 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 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 PRIME BIDDER State of ) )ss 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, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Title Subscribed and sworn to before me this day of , 201 . Title My commission expires • NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR State of ) ) ss: County of ) , being first duly sworn, deposes and says that: 1. He is (Owner, Partner, Officer, Representative, or Agent) , of hereinafter referred to as the "Subcontractor;" 2. He is fully informed respecting the preparation and contents of the subcontractor's proposal submitted by the subcontractor to , contract pertaining to the project in • (City or County and State) 3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal; 4. Neither the subcontractor nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other bidder, firm or person to submit a collusive or sham proposal in connection with such contract or to refrain from submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other bidder, firm or person to fix the price or prices in said subcontractor's proposal, or to fix any overhead, profit or cost element of the price of prices in said subcontractor's proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed contract; and 5. The price or prices quoted in the subcontractor's proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Title Subscribed and sworn to before me this day of , 201 . Title My commission expires • EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as follows: 1. The contractors, subcontractor, vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap, political opinions or affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or physical disability, political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading c. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship 2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, economic status, age, mental or physical disabilities, political opinion or affiliations. 3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of the contractor's commitment under this section. EQUAL OPPORTUNITY CLAUSE PAGE 1 OF 2 PAGES 4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. 5. The contractor, subcontractor, vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies, procedures, patterns, and practices of each subcontractor as well as the contractor himself/herself and said contractor, subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts to the City's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City's Affirmative Action Program— Contract Compliance Provisions relative to Resolution No. 24664. 6. In the event of the contractor's non-compliance with the non- discrimination clauses of this contract or with any of such rules, regulations and orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. 7. The contractor, subcontractor, vendor and supplier of goods and services will include, or incorporate by reference, the provisions of the non-discrimination clause in every contract, 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) EQUAL OPPORTUNITY CLAUSE PAGE 2 OF 2 PAGES INFORMATION NEEDED FOR IOWA CONSTRUCTION SALES TAX EXEMPTION CERTIFICATE CONTRACTOR NAME: ADDRESS: (Check One) PRIME SUBCONTRACTOR FEDERAL ID#: PROJECT NAME: PROJECT CONTRACT NO.: DESCRIPTION OF WORK: p Brickwork 0 Landscaping p Carpentry p Painting p Concrete p Paving Drywall-Plaster-Insulation p Plumbing p Electrical p Roofing-Siding-Sheet Metal p Excavation/Grading p Windows p Flooring LI Wrecking-Demolition p Heavy Construction p Other (Please specify) p Heating-Ventilating-Air Cond City of Waterloo, Iowa i"1 ;r %r� MBE/WBE CONTRACT COMPLIANCE PROGRAM FOR THE CITY OF WATERLOO, IOWA (As amended 08-08-2002) MBE/WBE CONTRACT COMPLIANCE PROGRAM FOR THE CITY OF WATERLOO, IOWA - 2002 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 MBE/WBE subcontractors. This Program shall not eliminate the need for contractors to continue their "good-faith efforts" in using MBE/WBE subcontractors on City contracts estimated at less than $50,000. The City of Waterloo will make every effort to reduce in-house construction and maintenance work that would be more cost effectively performed by the private sector and, thus, would allow additional bidding opportunities for MBE/WBE firms. The City Contract Compliance Officer shall be advised of all City of Waterloo awarded construction contracts. DEFINITIONS Goals: A flexible numerically expressed objective which contractors are required to make "good-faith efforts." The key to the requirement is to make documented efforts. Goals are neither set-a-sides nor a device to achieve proportional representation or equal results. Numerical goals do not create set-a-sides for specific groups, nor are they designed to achieve proportional representation or equal results. Rather, the goal- setting process in affirmative action planning is used to target and measure the effectiveness of affirmative action efforts to eradicate and prevent discrimination. Quota: A flat numerical requirement that the contractor is required to meet in order to obtain the benefit or be in compliance. The numerical goal component of affirmative action programs is not designed to be, nor may it properly or lawfully be interpreted as, permitting unlawful preferential treatment and quotas with respect to persons of any race, color, religion, sex, or national origin. The regulations at 41 CFR 60- 2.12(a), 60-2.15 and 60-2.30, specifically prohibit discrimination and the use of goals and quotas. (U.S. Department of Labor) Set-Aside: An arrangement in which a particular contract is reserved for competition solely among minority business enterprise. Contractor: 2 As used in this document means contractor, subcontractor, supplier, vendor, and professional service provider. Minority Business Enterprise (MBE) Any business which is at least 51% owned by one or more minorities and whose management and daily business operations are controlled by one or more such individuals and is on the current State Unified Certification List, or were listed on the City of Waterloo Certified MBE/WBE Contractors list as of July1, 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 on the City of Waterloo Certified MBE/WBE Contractors list as of July 1,2002 Minority: Any person or persons who are considered as socially and economically disadvantaged because of their identity as a group member without regard to their individual qualities. The groups include: Black American, Hispanic American, Native Americans, Eskimos, Aleuts, and Asian-Pacific Americans. 13 C.F.R. 124-l.1(c)(3)(ii)(1983). Lowest Responsible Bidder: Bidder who has offered the lowest bid and who has exhibited skill relative to the type of work bid on, judgment, financial responsibility, and evidence of working with the Affirmative Action Employment Program and the Contract Compliance Program. Broker: One buying or selling for others on commission or other fee basis without maintaining a warehouse or other similar inventory storage facility. Mayor's Advisory Committee: Mayor's Advisory Committee for Minority, Female, and Disadvantaged Business Enterprise. Good Faith Efforts: The successful bidder shall be selected on the basis of having submitted the lowest responsible bid.The obligation of the bidder is to make good faith efforts. The bidder can demonstrate that it has done so by the following: 1. The Prime Contractor met the project goal -No Action necessary 3 2. If the Prime Contractor failed to meet the goal, they must submit documentation of good faith efforts. CONTRACT COMPLIANCE PROGRAM/SUBCONTRACTING The program proposes numerical projections or goals regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as subcontractors in the performance of contracts awarded by the City of Waterloo, Iowa. A goal of at least 10%for MBE participation on all City funded construction projects that are estimated at $50,000 or more and projects under $50,000 where applicable at the Contract Compliance Officer's discretion. There is at least 2%WBE goal on City funded projects. Any project which is funded solely or in part with Federal funds shall follow the respective agencies contract compliance program and goals. Any project which is funded solely or in part with State funds shall follow the respective agencies contract compliance program and goals. The City of Waterloo Contract Compliance Program is for City awarded construction contracts only. The prime contractor shall make "good-faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontracts must provide the prime contractor a reasonably competitive price for the service being rendered or the contractor is not required to accept the bid. Administrative Reconsideration As part of this reconsideration, the bidder will have the opportunity to provide written documentation or arguments concerning the issue of whether they made adequate good faith efforts to meet the goals. The bidder will have the opportunity to meet in person with the City of Waterloo's Administrative Reconsideration Committee to discuss the issue of whether they made adequate good faith efforts. The Administrative Reconsideration Committee will forward a written decision on reconsideration to the Mayor and City Council,explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so. Documentation required will include but is not limited to the following: * Making portions of the work available for MBE/WBE subcontracting * Evidence of negotiating with MBE/WBE firms * MBE/WBE quotes obtained and non-MBE/WBE quotes used * Reasons agreements were not reached * Follow-up after initial solicitations * Efforts to assist in obtaining equipment, supplies and materials (at competitive prices), bonding, lines of credit, insurance, etc. * Evidence of past compliance or non-compliance by same contractor The Contract Compliance Officer will determine the weight to be given to each item listed above (supported by appropriate documentation)based on overall program goals. 4 RESPONSIBILITIES City of Waterloo A. The City Contract Compliance Officer has the responsibility to assure the City's compliance with Federal, State and Municipal regulations. B. The City Contract Compliance Officer is responsible for maintaining a current directory of certified firms. Certification of MBE/WBE/DBE contractors is through the Iowa Department of Transportation and its Unified Certification Program. Only firms certified based on guidelines prescribed in 49 CFR Part 26 and provisions of this agreement, shall be recognized as certified by the City of Waterloo. C. The City Contract Compliance Officer is responsible for making available a list of future project information notices to MBE/WBE firms. D. The City Contract Compliance Officer shall send notices to appropriate MBE/WBE firms in the directory of each bid solicitation with opening date. E. The City Contract Compliance Officer will receive MBE/WBE Letter(s) of Intent to Bid and within two (2) business days forward the complete list of MBE/WBE bidders who submitted a Letter of Intent to Bid to prime contractors. II. Prime Contractors In order to be in compliance with the guidelines of this program, the prime contractor must show good-faith efforts in following the MBE/WBE Contract Compliance Program. Good-faith efforts include, but are not limited to,the following: A. Prime contractors shall send solicitation letters (Form CCO-3) to appropriate MBE/WBE (those certified in directory prepared by City Contract Compliance Officer) at least seven (7) working days prior to bid date. Letters should identify specific items to be subcontracted. A minimum of three (3) disadvantaged business contacts must be made and documented, if there are at least three disadvantaged businesses offering services in the area to be subcontracted (See City of Waterloo MBE/WBE Certification List). If less than three (3)are offering the services to be subcontracted, then a contact is required for any that are listed as providing that service. If the Prime Contractor submits a MBE/WBE contact not on the City's MBE/WBE list, attach a copy of the MBE/WBE/DBE Certifications from another government agency. B. If a prime contract bidder is unable to identify MBE/WBE firms to perform portions of the work,the City Contract Compliance Officer should be contacted for assistance immediately. C. Prime contract bidders may solicit MBE/WBE proposals by telephone or personal interviews, but all such contacts shall be confirmed by Certified Mail,or subcontract bid request forms (Form CCO-2). D. If any MBE/WBE business submitting bids is not selected for subcontract award, documentation must accompany the "MBE/WBE Business Enterprise Pre-Bid Contact Information Form" (Form CCO-4 and CCO-4A)on why the MBE/WBE was not selected.These reasons could include: a.Not low bid. Copies of the competing bids may be required for verification. b. MBE/WBE did not bid,withdrew bid or non-responsive. 5 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. 111. MBE/WBE Firms A. MBE/WBE firms shall be certified by the Iowa Department of Transportation as owners and controllers of their respective businesses,or were listed on the City of Waterloo Certified MBE/WBE Contractors list as of July 1,2002 B. MBE/WBE firms must perform the work on the project; they cannot act as a broker by subcontracting the work out to others. C. Each MBE/WBE firm planning to submit quotes on construction projects with goals, shall submit a Letter of Intent to Bid(Form CCO-5)to the City Contract Compliance Officer seven(7)working days prior to bid opening, listing specific items which the MBE/WBE firm is interested in bidding. If sufficient Letters of Intent to Bid are not received by the City Contract Compliance Officer seven (7)working days prior to bid opening, goals on subject project will be reduced accordingly. Agreements between the bidder/proposer and a MBE/WBE in which the MBE/WBE promises not to provide subcontracting quotations to other bidders/proposers are prohibited. NONCOMPLIANCE OF CONTRACTORS A. Noncompliance exists when the contractor's actions are not consistent with the requirements of the Contract Compliance Program in the areas of employment and subcontracting. B. A bidder's failure to show good-faith efforts to meet project goals or a failure to use certified MBE/WBE firms may be grounds for finding its bid not responsible. C. The Contract Compliance Officer shall submit to City Council his/her recommendation on any non-compliant contract in writing. NOTICE TO PROCEED Notice to proceed on any project with goals will not be issued until City Contract Compliance Officer determines the lowest responsible bidder has used good-faith efforts to comply with this Compliance Program and the bid was responsive. 6 CONTRACT COMPLIANCE FORM INDEX (as of 07-08-2002) Form CCO-1, Contract Compliance Policy This is the Current Contract Compliance Program for the City of Waterloo and must be adhered to for any City of Waterloo contracts over$50,000, funded solely with City funds. Form CCO-2, Subcontractors Bid Request Form This form acknowledges that the Prime Contractor has contacted potential MBE/WBE subcontractors. This form is initiated and signed by the Prime Contractor then signed by the MBE/WBE subcontractor and returned to the Prime contractor by the MBE/WBE contractor. Form CCO-3, -Letter to be used when soliciting for Subcontractor Ouotes This is a sample letter from the Prime Contractor to Subcontractors soliciting bids for various contract items. Form CCO-4,Pre-Bid Contact Information Form This form and the accompanying Form CCO-4A, must be completed and submitted with the Prime Contractor's Bid. Certification of Prime Contractor Regarding MBE/WBE Unavailability If any MBE/WBE's submitting bids are not selected for subcontract award, documentation must accompany Form CCO-4. Form CCO-4A, Pre-Bid Contact Information Instructions Detailed instructions on how Form CCO-4 should be completed and the responsibilities of the Prime Contractor and the Subcontractor. Form CCO- 5, Letter of Intent to Bid from MBE/WBE Contractor Each MBE/WBE firm planning to submit quotes on construction projects with goals, shall submit a Letter of Intent to Bid to the City Contract Compliance Officer seven (7) working days prior to bid opening, listing specific items which the MBE/WBE firm is interested in bidding. If sufficient scope letters are not received by the City Contract Compliance Officer seven (7) days prior to bid opening, goals on subject project will be reduced accordingly. This form is completed and signed by the MBE/WBE. Form CCO-6, Final MBE/WBE Participation Amounts Upon Completion and Finalization of the project, the Prime Contractor must submit this form with their final documents. It shall be filled out and signed by the Prime Contractor on the project. 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O co 2 0 a) 0 ._ a) m a Q. �co � 00 c � ° co OW y a) O 0 � o E. 0 m -c win a) u OCI 00 00 ° Jg e49 3 } cca co Q 0 a) W O n 0 .a 00 a) H 0 m U)i o p � _ V V 0 `° W liis s o — m cco � .o� � .. 3 o n. ,_ o Q ,r a ai Z u) < Li o 0 -0 c 1 •c o E 0 O SmU co a) � E c) o E V L a) ce 6. 0 p E m N a) c `y m c y p ,O c) Z m3E �� Ooa •- .- rn O y O p` N H A Y -0 N a) r C y) > U W U m V O ._ c .o •- E o ct cv m co cn 4 J 5 O N 463, + t r a"o o O p 00 Z < a) N 0 a) U a) a) W 0 C { i mS o V mc V 0s) 'c f~a c Nca U o �)0 O X O 0 7 22 Oc > 2 a Za) 0. 0 cou) u) >- W '�- cco GE 2co LL CERTIFIED MBE / WBE CONTRACTORS CITY OF WATERLOO, IOWA Al a Ot erlo0 lfl 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/contractcompiiance Contact: Rudy Jones,Community Development Director Email: rudv.iones(atwaterloo-ia.org Phone: (319) 291-4429 Fax: (319) 291-4431 MBE/WBE 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 GREER'S WORKS 2003 Plainview Street Waterloo, IA 50703 Phone: (319)233-4701 Contact: Willie Greer Specializing in: DRIVEWAYS, SIDEWALKS, CARPENTRY, ROOFING, GENERAL CONSTRUCTION OLD GREER'S WORKS 2309 Springview Street Waterloo, IA 50707 Phone: (319)233-2150 Contact:David L. Greer, Sr. Specializing in: ROOFING& GENERAL CONSTRUCTION QUICK CONSTRUCTION 217 Bates Street Waterloo, IA 50703 Phone: (319)215-4166 Contact: Leroy Harrington Specializing in: ALL TYPES OF CONCRETE FLATWORK AND GENERAL CONSTRUCTION D & D CONSTRUCTION 1124 West Donald Street Waterloo, IA 50703 Phone: (319) 961-4208 Contact: Darrell E. Caldwell, Sr. Specializing in: ROOFING AND GENERAL CONSTRUCTION E. CASTRO ROOFING 702 Riehl Street Waterloo,IA 50701 Phone: (319)215-5683 Contact: Emillio Castro Specializing in: ROOFING, SIDING, GENERAL CONSTRUCTION ..! y,,...,.:C ATLAS PAINTING, INC.* 911 Sycamore Street P.O.BOX 65 Waterloo,IA 50704 Phone: (319)232-9164 Specializing in: COMMERCIAL 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, INTAKE STRUCTURES *DENOTES WOMEN BUSINESS ENTERPRISE