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. If project
goals are not met, a detailed report must accompany this form prior to release of retainage.
8
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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