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HomeMy WebLinkAboutPROJECT SPECIFICATIONS PROJECT SPECIFICATIONS FOR F.Y. 2016 STREET RECONSTRUCTION PROGRAM } art i) p- CONTRACT NO. 898 1=0F S S/0, , I hereby certify that this engineering document was prepared by me or under my direct Q� ° a°°°00000 1� 40 personal s isi an that I am a duly licensed Professional Engineer under the laws of iQ 0. DENNIS °o 0.\ / the state w iW J. oo 0` 3--7- 6 GENTZ o° z i DEN IS J.GE P.E. DATE Z ° 9662 c j My License Renewal Date is December 31,2016. 4 v °°° o° �n)/ License No.is Iowa 9662. ,I �� °O°°Oo°o°o °°° �� Pages or sheets covered by this seal: `%% O W &C r Z74/lsteiu 7 I hereby certify that this engineering document was prepared by me or under my direct o° '0° <" supervision and that I am a licensed Professional Engineer under the laws of the State of O o o 1°T . . / i LLI o JAMI E A. ,� -Z. DA //0 ° KNUTSON ,P.E. ° 16025 o o° y License Renewal Date is December 31,2017. j °° °0 Pages or sheets covered by this seal: 103/OWP' F.Y. 2016 STREET RECONSTRUCTION PROGRAM CONTRACT NO. 898 CONTRACT DOCUMENTS TABLE OF CONTENTS 1. NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS 2. INSTRUCTIONS TO BIDDERS 3. FORM OF BID OR PROPOSAL 4. SALES TAX EXEMPTION INFORMATION FORM 5. FORM OF BID BOND • 6. NON-COLLUSION AFFIDAVITS 7. EQUAL OPPORTUNITY CLAUSE 8. TITLE VI CIVIL RIGHTS 9. RESIDENT BIDDER AND NON-RESIDENT BIDDER CERTIFICATION 10. AFFIRMATIVE ACTION PROGRAM 11. POTENTIAL ITEMS OF WORK FOR MBE/WBE PARTICIPATION SUBCONTRACTOR'S BID REQUEST FORM, LETTER FORM FOR SUBCONTRACTOR QUOTES, MBE/WBE SCOPE LETTER, MBE AND/OR WBE PREBID CONTACT INFORMATION FORM 12. WATERLOO/CEDAR FALLS MINORITY AND WOMEN BUSINESSES ENTERPRISE CONSTRUCTION AND MAINTENANCE CONTRACTOR'S GUIDE 13. STATEMENT OF BIDDER'S QUALIFICATIONS 14. GENERAL SPECIAL PROVISIONS 15. SPECIAL PROVISIONS 16. GENERAL SPECIFICATIONS FOR CONSTRUCTION 17. SUPPLEMENTAL GENERAL SPECIFICATIONS FOR CONSTRUCTION 18. FORM OF CONTRACT 19. FORM OF PERFORMANCE BOND 20. FORM OF PAYMENT BOND NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost and the NOTICE TO BIDDERS For the Taking of Construction Bids For the F.Y. 2016 STREET RECONSTRUCTION PROGRAM In the City of Waterloo, Iowa CONTRACT NO. 898 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 24th day of March, 2016, until 1:00 p.m. for the construction of the F.Y. 2016 STREET RECONSTRUCTION PROGRAM, Contract No. 898, 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 24th day of March, 2016, 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 March 28, 2016 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 the City Engineer of the City of Waterloo are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. SCOPE OF WORK The extent of the work involved is the construction of street improvements in, along and upon portions of certain streets, avenues, roads, and alleys, and such other work as may be incidental thereto along and upon the following streets, avenues, roads and alleys. NOTICE OF HEARING CONTRACT NO. 898 Page 1 of 6 Street improvements consisting of: DIVISION I: Alternate A: • 5 1/2, 7 or 8 I/2 inch thick HMA 1M or 3M Intermediate and Base, 3/4", 60% CR or 75% CR with a 2-inch thick HMA IM or 3M Surface, '/2", 60%, or 75% CR between new 24-inch curb and gutter sections; OR Alternate B: • 6, 7, 7 1/2 or 8-inch non-reinforced PCC paving with integral curb and gutter Subgrade drain tile, granular subbase, new storm sewer and appurtenances and other such work as may be incidental thereto. All street improvements consist of the reconstruction of an existing paved street, which is to be replaced with a proposed street. The list of streets, which are proposed for improvements, is as follows: STREET FROM TO 4th St., E. Franklin St. Walnut St. 6th St., W. Mitchell Ave. E. Byron Ave. Burton Ave. Conger St. Park Rd. Downing Ave. Wren Rd. Hackett Rd., S. Easton Ave. 11th St., W. Ohio St. Grant Ave. 9th St., W. Hammond Ave. Greenbrier Rd. Wakonda Dr. Cherry Hills Dr. Lafayette St. 6th St., E. 10th St., E. Lynkaylee Dr. Ridgemont Rd. Rachael St. Mockingbird Ln. Hummingbird Cr. Hummingbird Cr. Montrose Rd. Ridgeway Ave., W. Midlothian Blvd. Starlight Blvd. Richland Dr. Crossway Dr. Western Ave. 3rd St., W. Elmwood St. DIVISION II: Reconstruction of water main on Easton Avenue (Amherst Ave. to Oregon St. and Minnesota St. to Ohio St.) and Downing Avenue (Katoski Dr. to Wren Rd.). NOTICE OF HEARING CONTRACT NO. 898 Page 2 of 6 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 November 10, 2016. METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against bi-monthly estimates in cash on the basis of ninety- five percent (95%) of the work as it is completed and materials delivered and work approved. Final payment will be made thirty-one (31) days after completion of the work and acceptance by the Council. Before final payment is made, vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required unless the City is satisfied that material, men and laborers have been paid. The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay estimates, according to Chapter 384.57 of the Code of Iowa, payment may be made by anticipatory warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A, Code of Iowa. PLANS AND SPECIFICATIONS Plans and Specifications governing the construction of the proposed improvements have been prepared by the City Engineer, which plans and specifications and also the prior proceedings of the City Council referring to and defining said proposed 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 the City Engineer upon the City's 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 the Engineer's Office 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 City 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 for each division of the contract to the qualified bidder submitting the lowest bid. NOTICE OF HEARING CONTRACT NO. 898 Page 3 of 6 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 unit bid price and the bid item extension (Unit Price x Estimated Qty) in numerals on the blanks provided. Should there be any discrepancy between the unit bid price and extension, the City of Waterloo shall consider the unit bid price as being the valid unit bid price. The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price and Total Bid. The computer-generated spreadsheet shall include all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For 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 amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible NOTICE OF HEARING CONTRACT NO. 898 Page 4 of 6 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 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. NOTICE OF HEARING CONTRACT NO. 898 Page 5 of 6 When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work the Contractor shall submit to the Engineer in writing a request that working days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering and contract administration. PRE-CONSTRUCTION CONFERENCE Before the work is commenced on this contract, a conference shall be held for the purpose of discussing the contract. The conference shall be attended by the prime contractor, subcontractors and City Officials. RESIDENT BIDDER/NON-RESIDENT BIDDER Attention of bidders is called to compliance with the provisions of the Resident Bidder/Non-Resident Bidder requirements. Each bidder submitting a bid shall execute and include with the bid, a Resident Bidder Certification or a Non-Resident Bidder Certification in the form(s) herein provided. SALES TAX EXEMPTION CERTIFICATES Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building materials or supplies in the performance of construction contracts let by the City of Waterloo. 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 day of 2016. CITY OF WATERLOO, IOWA BY: Suzy Schares City Clerk NOTICE OF HEARING CONTRACT NO. 898 Page 6 of 6 4. SUBMISSION OF BIDS a. A bid must be sealed in a separate envelope and marked to indicate its contents and be accompanied by the bid security in a separate envelope. If forwarded by mail, the two envelopes shall be placed in a third and mailed to the City Clerk/Auditor. All bids must be filed with the City Clerk/Auditor of the City of Waterloo at his office in the City Hall before the time specified for closing bids. b. Bids received prior to the advertised hour of opening will be securely kept sealed. The officer whose duty it is to open them will decide when the specified time has arrived, and no bid received thereafter will be considered; except that when a bid arrives by mail after the time fixed for opening, but before the reading of all other bids is completed, and it is shown to the satisfaction of the City of Waterloo, Iowa, that the non-arrival on time was due solely to delay in the mails for which the bidder was not responsible, such bid will be received and considered. c. Bidders are cautioned that, while telegraphic modifications of bids may be received as provided above, such modifications, if not explicit and if in any sense subject to misinterpretation, shall made the bid so modified or amended, subject to rejection. 5. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids and modifications or withdrawals thereof received at the office designated in the Notice to Bidders after the exact time set for closing of bids will not be considered. However, a modification which is received from an otherwise successful bidder, and which makes the terms of the bid more favorable to the City of Waterloo, will be considered at any time it is received and may therefore be accepted. Bids may be withdrawn by written or telegraphic request received from bidders prior to the time set for closing of bids. 6. PUBLIC OPENING OF BIDS Bids will be publicly opened at that time and place set for opening in the Notice to Bidders. Their content will be made public for the information of bidders and others interested who may be present either in person or by representative. 7. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the INSTRUCTIONS TO BIDDERS Page 3 of 14 laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the 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 bond, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. 8. COLLUSIVE AGREEMENTS a. Each bidder submitting a bid shall execute and include with the bid, a Non-Collusion Affidavit in the form herein provided, to the effect that he as not colluded with any other person, firm, or corporation in regard to any bid submitted. b. Each bidder submitting a bid shall have each proposed subcontractor, if any, execute and submit to the City Contract Compliance Officer by 5:00 P.M. the business day following the day bids on this project are due, a Non-Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. Before executing any subcontract, the successful bidder shall submit the name of any proposed subcontractor for approval by the City. 9. MINORITY AND/OR WOMEN BUSINESS ENTERPRISE SUBCONTRACTORS a. CITY OF WATERLOO AND/OR WOMEN BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM The City of Waterloo Minority and/or Women Business Enterprise Pre-Bid Contact Information Form shall be submitted with the Form of Bid or Proposal. Failure to do so shall be grounds for the bid being rejected if subcontracting is proposed by the prime contractor. INSTRUCTIONS TO BIDDERS Page 4 of 14 10. MBE/WBE CONTRACT COMPLIANCE PROGRAM PURPOSE The purpose of the Contract Compliance Program (hereinafter called Program) is to act as an impetus for increasing the participation of minority and women disadvantaged business enterprise (MBE/WBE) in City awarded construction contracts. The Program does not propose to eliminate any bonafide contractor or subcontractor from bidding on City contracts, but it will hopefully serve as a needed stimulus to help local MBE/WBE's grow and eventually become mainstream contractors and subcontractors. 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. INSTRUCTIONS TO BIDDERS Page 5 of 14 Quota: A flat numerical requirement that the contractor is required to meet in order to obtain the benefit or be in compliance. The numerical goal component of affirmative action programs is not designed to be, nor may it properly or lawfully be interpreted as, permitting unlawful preferential treatment and quotas with respect to persons of any race, color, religion, sex, or national origin. The regulations at 41 CFR 60-2.12(a), 60-2.15 and 60-2.30, specifically prohibit discrimination and the use of goals as quotas. (U.S. Department of Labor) Set-Aside: An arrangement in which a particular contract is reserved for competition solely among minority and women business enterprises. Contractor. As used in this document means contractor, subcontractor, supplier, vendor, and professional service provider. Minority Business Enterprise (MBE) Any business, which is at least 51%, owned by one or more minorities and whose management and daily business operations are controlled by one or more such individuals and is on the current State Unified Certification List, or were listed on the City of Waterloo Certified MBE/WBE Contractors list as of July 1, 2002 Women Business Enterprise (WBE): Any business which is at least 51%o owned by one or more women and whose management and daily business operations are controlled by one or more such individuals and is on the current State Unified Certification List, or were listed on the City of Waterloo Certified MBE/WBE Contractors list as of July 1, 2002 Minority: Any person or persons who are considered as socially and economically disadvantaged because of their identity as a group member without regard to their individual qualities. The groups include: Black American, Hispanic American, Native Americans, Eskimos, Aleuts, and Asian-Pacific Americans. 13 C.F.R. 124- 1.1(c)(3)(ii)(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 INSTRUCTIONS TO BIDDERS Page 6 of 14 Program and the Contract Compliance Program. Broker: One buying or selling for others on commission or other fee basis without maintaining a warehouse or other similar inventory storage facility. Mayor's Advisory Committee: Mayor's Advisory Committee for Minority, Female, and 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 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. INSTRUCTIONS TO BIDDERS Page 7 of 14 Administrative Reconsideration: As part of this reconsideration, the bidder will have the opportunity to provide written documentation or arguments concerning the issue of whether they made adequate good faith efforts to meet the goals. The bidder will have the opportunity to meet in person with the City of Waterloo's Administrative Reconsideration Committee to 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. RESPONSIBILITIES 1. City of Waterloo A. The City Contract Compliance Officer has the responsibility to assure the City's compliance with Federal, State and Municipal regulations. B. The City Contract Compliance Officer is responsible for maintaining a current directory of certified firms. Certification of MBE/WBE/DBE contractors is through the Iowa Department of Transportation and its Unified Certification Program. Only firms certified based on guidelines prescribed in 49 CFR Part 26 and provisions of this agreement, shall be recognized as certified by the City of Waterloo. INSTRUCTIONS TO BIDDERS Page 8 of 14 C. The City Contract Compliance Officer is responsible for making available a list of future project information notices to MBE/WBE firms. D. The City Contract Compliance Officer shall send notices to appropriate MBE/WBE firms in the directory of each bid solicitation with opening date. E. The City Contract Compliance Officer will receive MBE/WBE Letter(s) of Intent to Bid and within two (2) business days forward the complete list of MBE/WBE bidders who submitted a Letter of Intent to Bid to prime contractors. Prime Contractors In order to be in compliance with the guidelines of this program, the prime contractor must show good-faith efforts in following the MBE/WBE Contract Compliance Program. Good-faith efforts include, but are not limited to, the following: A. Prime contractors shall send solicitation letters (Form CCO- 3) to appropriate 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 INSTRUCTIONS TO BIDDERS Page 9 of 14 "MBE/WBE Business Enterprise Pre-Bid Contact Information Form" (Form CCO-4 and CCO-4A) on why the MBE/WBE was not selected. These reasons could include: a. Not low bid. Copies of the competing bids may be required for verification. b. MBE/WBE did not bid, withdrew bid or non-responsive. c. Documentation of other business-related reason for not selecting the MBE/WBE business for a subcontract. d. Prime contractor self performs work. e. Any other reason relied on by prime. The Contract Compliance Officer will determine the weight to be given to each item listed above (supported by appropriate documentation) based on overall program goals. Ii. 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. NON-COMPLIANCE OF CONTRACTORS A. Noncompliance exists when the contractor's actions are not consistent with the requirements of the Contract Compliance Program in the areas of employment and subcontracting. INSTRUCTIONS TO BIDDERS Page 10 of 14 B. A bidder's failure to show good-faith efforts to meet project goals or a failure to use certified MBE/WBE firms may be grounds for finding its bid not responsible. C. The Contract Compliance Officer shall submit to City Council his/her recommendation on any non-compliant contract in writing. NOTICE TO PROCEED Notice to proceed on any project with goals will not be issued until City Contract Compliance Officer determines the lowest responsible bidder has used good-faith efforts to comply with this Compliance Program and the bid was responsive. CONCLUSION This program repeals or revises all sections of previous Waterloo Contract Compliance Programs. 11. EMPLOYMENT AND BUSINESS OPPORTUNITY To the greatest extent feasible, suppliers, subcontractors, and low income workers owning businesses or living in the Waterloo area must be given priority in supplying materials, bidding for subcontract work, or applying for employment by the contractor on this project. Opportunities for training and for employment arising in connection with this project, shall to the greatest extent feasible be made available to lower income persons residing in the project area. The contract area is the City of Waterloo. The City of Waterloo will require the contractor to document his efforts in securing lower income workers living in the project area and in purchasing supplies from, and awarding subcontracts to, businesses owned by persons residing in the project area. 12. STATEMENT OF BIDDER'S QUALIFICATIONS Each bidder shall, upon request of the City of Waterloo, Iowa, submit on the form furnished for that purpose (a copy of which is included in the contract documents), a statement of bidder's qualifications, his experience record in constructing the type of improvements embraced, and his organization and equipment available for the work contemplated; and, when specifically requested, a detailed financial statement. The City of Waterloo, Iowa, shall have the right to take such steps as it deems necessary to determine the ability of the bidder to perform his obligations under the contract, and the bidder shall furnish the City of Waterloo, Iowa, all such information and data for this purpose as it may request. The right INSTRUCTIONS TO BIDDERS Page 11 of 14 is reserved to reject any bid where an investigation of the available evidence or information does not satisfy the City of Waterloo, Iowa, that the bidder is qualified to carry out properly the terms of the contract. 13. AWARD OF CONTRACT a. Award of contract will be made to that responsive and responsible bidder whose bid, conforming to the Specifications, is most advantageous to the City of Waterloo; price and other factors considered. The intention is to award the contract at the time of opening bids, but the right is reserved to postpone such action for a reasonable time, not exceeding thirty (30) days. b. The City Council may, when in its interest, reject any or all bids or waive any informality in bids received. c. The bidder shall submit bids on all the items listed in the proposal and shall state the unit bid price in words in the blank spaces provided beneath the item description. Should there be any discrepancy between the unit bid price in words and listed numeral unit bid price, the City of Waterloo shall consider the unit bid price in words as being the valid unit bid price. A computer-generated spreadsheet as herein provided shall also be acceptable. Proposals requiring mathematical computations to determine unit prices or totals will be rejected. A contract will be awarded to the qualified bidder submitting the lowest total bid for the BASE BID plus ALTERNATE(S) chosen by the City as indicated in the NOTICE TO BIDDERS. d. When a contract for a public improvement is to be awarded to the lowest responsive and responsible bidder, a resident bidder shall be allowed a preference as against a nonresident bidder from a state or foreign country if that state or foreign country gives or requires any preference to bidders from that state or foreign country, including but not limited to any preference to bidders, the imposition of any type of labor force preference, or any other form of preferential treatment to bidders or laborers from that state or foreign country. The preference allowed shall be equal to the preference given or required by the state or foreign country in which the nonresident bidder is a resident. In the instance of a resident labor force preference, a nonresident bidder shall apply the same resident labor force preference to a public improvement in this state as would be required in the construction of a public improvement by the state or foreign country in which the nonresident bidder is a resident. INSTRUCTIONS TO BIDDERS Page 12 of 14 14. EXECUTION OF AGREEMENT, BONDS, AND CERTIFICATE OF INSURANCE a. Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful bidder shall execute and deliver to the City of Waterloo, Iowa, an agreement in the form included in the contract documents in such number of copies as the City of Waterloo, Iowa, may require. b. Having satisfied all conditions of award as set forth elsewhere in these documents, the successful bidder shall, within the period specified in paragraph "a" above, furnish a surety bond and a payment bond in a penal sum not less than the amount of the contract as awarded, as security for the faithful performance of the contract and terms and conditions therein contained and shall guarantee the prompt payment of all persons, firms, or corporations to whom the contractor may become legally indebted for labor, materials, tools, equipment, or services of any nature including utility and transportation services, employed or used by him in performing the work. The bonds shall protect and save harmless the City from claims and damages of any kind caused by the operations of the contractor and shall also guarantee the maintenance of the contract improvements for the period stated in the Notice of Hearing from and after completion of said improvements and their acceptance by the City. Such bonds shall be in the same form as that included in the contract documents and shall bear the same date as, or a date subsequent to that of the agreement. The current Power of Attorney for the person who signs for any surety company shall be attached to such bonds. c. The successful bidder shall, within the period specified in paragraph "a" above, furnish a certificate of insurance for approval in amounts of not less than the amounts specified in the General Specifications for Construction, Section F. No. 4 "Liability Insurance," Pages 14 to 15 of 18 Pages. The certificate of insurance shall be furnished in such number of copies as the City of Waterloo may require. The City of Waterloo shall be named as an "Additional Insured." The contractor shall similarly submit his subcontractor's certificates of insurance in the amounts for approval before each commences work. The contractor shall carry or require that there be Workmen's Compensation Insurance for all his employees and those of his subcontractors engaged in work at the site, in accordance with State Workmen's Compensation Laws. INSTRUCTIONS TO BIDDERS Page 13 of 14 d. The failure of the successful bidder to execute such agreement and to supply the required bond or bonds within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the City of Waterloo, Iowa, may grant, based upon reasons determined sufficient by the City of Waterloo, Iowa, may either award the contract to the next lowest bidder or re- advertise for bids, and may charge against the bidder the difference between the amount of the bid an the amount for which a contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid guaranty. If a more favorable bid is received by re-advertising, the defaulting bidder shall have no claim against the City of Waterloo, Iowa, for a refund. 15. RECIPROCAL RESIDENT BIDDER PREFERENCE Attention of bidders is called to the requirement of complying with the provisions of the Resident Bidder/Non-Resident Bidder requirement. Each bidder submitting a bid shall execute and include with the bid, a Resident Bidder Certification or a Non-Resident Bidder Certification in the form(s) herein provided. INSTRUCTIONS TO BIDDERS Page 14 of 14 FORM OF BID OR PROPOSAL F.Y. 2016 STREET RECONSTRUCTION PROGRAM CONTRACT NO. 898 CITY OF WATERLOO, IOWA Honorable Mayor and City Council Waterloo, Iowa Gentlemen: 1. The undersigned, being a Corporation existing under the laws of the State of , a Partnership consisting of the following partners: having familiarized (himself) (themselves) (itself) with the existing conditions on the project area affecting the cost of the work, and with all the contract documents listed in the Table of Contents and Addenda (if any), as prepared by the City Engineer of the City of Waterloo now on file in the office of the City Clerk, City Hall, Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to construct and complete this F.Y. 2016 STREET RECONSTRUCTION PROGRAM, Contract No. 898, all in accordance with the above-listed documents and for the unit prices for work in place for the following items and quantities: F.Y. 2016 STREET RECONSTRUCTION PROGRAM CONTRACT NO. 898 fTs- UNIT EST-QTY.' j1!;Bf:: :P 4,‘ CONSTRUCT, MAINTAIN, REMOVE 1 TEMPORARY ACCESS & RESTORE SY 25.0 $ $ 2 MISC. CURB AND GUTTER, PCC, 6", C-4 LF 43.0 $ $ 3 REMOVE AND REPLACE MISC. HMA, 3" SY 13.3 $ $ 4 REMOVE AND REPLACE MISC. HMA. 6" SY 29.2 $ $ 5 REMOVE AND REPLACE MISC. HMA, 7.5" SY 16.0 $ $ 6 REMOVE AND REPLACE MISC. HMA, 10.5" SY 66.8 $ $ 7 REMOVE AND REPLACE 3" HMA/6" PCC, M-4 SY 67.0 $ $ 8 REMOVE AND REPLACE 4" HMA/9" PCC, M-4 SY 61.1 $ $ FORM OF BID CONTRACT NO. 898 Page 1 of 10 REMOVE/REPLACE MISC. SEALCOAT W/2" 9 HMA SY 26.3 $ $ 10 HMA DRIVEWAY APPROACH TON 27.0 $ $ 11 DRIVEWAY APPROACH AND S/W, 6" PCC, C-4 SY 558.7 $ 12 DRIVEWAY APPROACH AND S/W, 5" PCC, C-4 SY 4,359.9 $ $ 13 SIDEWALK, 4" PCC, C-4 SY 459.9 $ $ 14 SIDEWALK, 5" PCC, C-4 SY 249.2 $ $ 15 SIDEWALK, CLASS A, PCC, C-4 LF 337.0 $ $ PEDESTRIAN RAMP, PCC SIDEWALK, 6" PCC, 16 C-4 SY 583.0 $ $ PEDESTRIAN RAMP DETECTABLE WARNING SF 758.0 $ $ 17 SURFACE 18 SIDEWALK CURB SECTION LF 49.0 $ $ 19 CONCRETE PAVEMENT REMOVAL SY 42,728.8 $ $ 20 ASPHALT PAVEMENT REMOVAL SY 9,747.3 $ $ 21 SIDEWALK AND DRIVEWAY REMOVAL SY 6,052.6 $ $ 22 SIDEWALK REMOVAL SY 569.3 $ $ 23 SAW CUT LF 2,856.8 $ $ 24 WOVEN GEOTEXTILE SY 30,355.0 $ $ 25 MODIFIED SUBBASE TON 33,163.9 $ $ 26 RECYLED ASPHALT PAVING TON 4.5 $ $ 27 ROADSTONE, 3/4" TON 95.2 $ $ 28 DRAIN TILE, 6" LF 25,232.5 $ $ 29 DRAIN TILE, 4" LF 971.0 $ $ 30 DRAIN TILE STUB, 4" LF 1,607.0 $ $ 31 DRAIN TILE TAP AND COLLAR EACH 28.0 $ $ 32 SUBDRAIN OUTLET EACH 104.0 $ $ CONVERT WATER VALVE MANHOLE TO EACH 6.0 $ $ 33 ROADBOX 34 WATER SERVICE CORPORATION, 3/4" EACH 38.0 $ FORM OF BID CONTRACT NO. 898 Page 2 of 10 35 WATER SERVICE CURB STOP, 3/4" EACH 38.0 $ $ 36 WATER SERVICE PAVE BOX, 3/4" EACH 38.0 $ $ 37 COPPER WATER SERVICE, 3/4" LF 1,340.0 $ $ 38 WATER SERVICE CORPORATION, 1" EACH 2.0 $ $ 39 WATER SERVICE CURB STOP, 1" EACH 2.0 $ $ 40 WATER SERVICE PAVE BOX, 1" EACH 2.0 $ $ 41 COPPER WATER SERVICE, 1" LF 65.0 $ $ 42 WATER SERVICE CORPORATION, 2" EACH 1.0 $ $ 43 WATER SERVICE CURB STOP, 2" EACH 1.0 $ $ 44 WATER SERVICE PAVE BOX, 2" EACH 1.0 $ $ 45 COPPER WATER SERVICE, 2" LF 15.0 $ $ 46 WATER SERVICE KILL EACH 16.0 $ $ 47 WATER SERVICE TAP, 2" EACH 1.0 $ $ 48 LOWER WATER SERVICE, 3/4" OR 1" EACH 2.0 $ $ 49 UNDERGROUND INVESTIGATION-WATER EACH 18.0 $ $ 50 TOPSOIL, 4" SY 8,030.2 $ $ 51 HYDROSEED SY 10,390.9 $ $ TOPSOIL REMOVAL FROM PARKING, 52 EARTHWORK SY 2,360.6 $ $ 53 VAULT TOP REMOVAL, KWWL BLDG LS 1.0 $ $ 54 FILL SAND FOR VAULT TON 564.0 $ $ 55 CONSTRUCTION SURVEY LS 1.0 $ $ 56 TRAFFIC CONTROL LS 1.0 $ $ 57 DETOUR ROUTE - DOWNING AVE. LS 1.0 $ $ 58 DETOUR ROUTE- EASTON AVE. LS 1.0 $ $ 59 DETOUR ROUTE- E. 4TH ST. LS 1.0 $ $ 60 DETOUR ROUTE - LAFAYETTE ST. LS 1.0 $ $ FORM OF BID CONTRACT NO. 898 Page 3 of 10 PAINTED PAVEMENT MARKING, WATER 61 BASED STA 49.1 $ $ 62 PRE-CUT PAVEMENT SYMBOL OR LEGEND STA 6.0 $ $ TOTAL DIVISION I BASE BID-SECTION I $ BID- DESCRIPTION r, UNIT . EST QTY. , UNIT BID PRICE TOTAL BCD PRICE ITEM`DIVISION I BASE BID-SECTIOPGII 63 STORM SEWER, 2000D, 24" LF 32.5 $ $ 64 STORM SEWER, 2000D, 18" LF 33.9 $ $ 65 STORM SEWER, 2000D, 15" LF 297.3 $ $ 66 STORM SEWER, 2000D, 12" LF 1,888.7 $ $ 67 STORM MANHOLE, TYPE A, 48" EACH 25.0 $ $ SW-402 MODIFIED RECTANGULAR STORM $ 68 MANHOLE EACH 7.0 $ 69 REMOVE EXISTING STRUCTURE EACH 52.0 $ $ 70 MAJOR MANHOLE ADJUSTMENT EACH 1.0 $ $ 71 TYPE E-1-C INLET EACH 32.0 $ $ 72 TYPE E-2-C INLET EACH 21.0 $ $ 73 TYPE E-1-C INLET, USE EXISTING CASTING EACH 2.0 $ $ 74 TYPE E-1-C INLET, MODIFIED EACH 1.0 $ $ 75 TYPE SW-507 INLET EACH 4.0 $ $ 76 REM/REPL INLET BOXOUT, E-1-C EACH 9.0 $ $ 77 REM/REPL INLET BOXOUT, E-2-C EACH 11.0 $ $ 78 TAP AND COLLAR STRUCTURE OR PIPE EACH 7.0 $ $ INSULATE EXISTING COPPER WATER 79 SERVICE EACH 0.0 $ $ FURNISH AND INSTALL MANHOLE RING AND 80 COVER EACH 0.0 $ $ STORM WATER PROTECTION FOR 81 STRUCTURES EACH 94.0 $ $ TOTAL DIVISION I BASE BID-SECTION II $ FORM OF BID CONTRACT NO. 898 Page 4 of 10 BID DESCRIPTION UNIT EST.QTY. -IUNIT BID PRICE ITEM DIVISION 1 BASE BID—SECTION III 82 RECONSTRUCT SANITARY SEWER, 24" LF 9.2 $ $ 83 RECONSTRUCT SANITARY SEWER, 12" LF 589.8 $ $ 84 RECONSTRUCT SANITARY SEWER, 10" LF 1,626.6 $ $ 85_RECONSTRUCT SANITARY SEWER, 8" LF 3,340.3 $ REMOVE AND REPLACE SANITARY SEWER, 86 8" LF 30.0 $ $ 87 SANITARY SEWER SERVICE, 6" LF 2,178.0 $ 88 STANDARD SANITARY MANHOLE, 48" EACH 10.0 $ $ 89 STANDARD SANITARY DROP MANHOLE, 48" EACH 1.0 $ $ REMOVE EXISTING STRUCTURE, SANITARY 90 MANHOLE EACH 9.0 $ $ FURNISH AND INSTALL MANHOLE RING AND 91 COVER EACH 7.0 $ $ 92 TRACE SANITARY SEWER SERVICE EACH 20.0 $ $ 93 DYE TEST INVESTIGATION EACH 46.0 $ 94 UNDERGROUND INVESTIGATION-SANITARY EACH 3.0 $ $ TOTAL DIVISION I BASE BID—SECTION III $ TOTAL DIVISION I BASE BID—SECTIONS I, II, III $ BID DESCRIPTION UNIT,, EST.QTY. UNIT BID PRICE' :TOTAL sip PRICE ,? ITEM'DIVISION I—ALTERNATE A -, 1A 2", HMA 1M S 1/2", 60% CR SY 27,917.2 $ 2A 2.5", HMA 1M I 3/4", 60% CR SY 27,917.2 $ $ 3A 3", HMA 1M B 3/4", 60% CR SY 27,917.2 $ 4A 2", HMA 3M S 1/2", 75% CR SY 18,041.8 $ 5A 2.5", HMA 3M I 3/4", 75% CR SY 1,810.0 $ 6A 4", HMA 3M I 3/4", 75% CR SY 9,480.8 $ $ FORM OF BID CONTRACT NO. 898 Page 5 of 10 7A 5.5", HMA 3M I 3/4", 75% CR SY 6,751.0 $ $ 8A 3", HMA 3M B 3/4", 75% CR SY 18,041.8 $ $ CURB AND GUTTER, PCC, C-4, 24"WIDE, 7 9A 1/2"THICK LF 19,626.6 $ $ CURB AND GUTTER, PCC, C-4, 24"WIDE, 9" 10A THICK LF 5,320.0 $ $ CURB AND GUTTER, PCC, C-4, 24"WIDE, 11A 10.5"THICK LF 2,804.0 $ $ 12A COLD WEATHER CONCRETE PROTECTION SY 1,449.6 $ $ 13A LINSEED OIL TREATMENT SY 1,449.6 $ $ 14A PAVEMENT SAMPLES AND TESTING LS 1.0 $ $ 15A SPEED HUMP, PER DETAIL LS 1.0 $ $ 16A CCP RAILROAD PERMITS & INSURANCE LS 1.0 $ $ 17A UP RAILROAD PERMITS & INSURANCE LS 1.0 $ $ 18A EXCAVATION CY 20,680.8 $ $ TOTAL DIVISION I ALTERNATE A $ g E $ 1B PCC PAVEMENT, 6", C-4 SY 33,126.5 $ 2B PCC PAVEMENT, 7", C-4 SY 10,679.9 $ $ $ 3B PCC PAVEMENT, 7.5", C-4 SY 1,023.5 $ $ 4B PCC PAVEMENT, 8", C-4 SY 7,378.0 $ $ 5B COLD WEATHER CONCRETE PROTECTION SY 3,610.0 $ $ 6B LINSEED OIL TREATMENT SY 3,610.0 $ 7B PAVEMENT SAMPLES AND TESTING LS 1.0 $ $ , $ $ 8B SPEED HUMP, PER DETAIL LS 1.0 9B CCP RAILROAD PERMITS &INSURANCE LS 1.0 $ $ FORM OF BID CONTRACT NO. 898 Page 6 of 10 10B UP RAILROAD PERMITS & INSURANCE LS 1.0 $ $ 11B EXCAVATION CY 18,411.5 $ $ TOTAL—DIVISION I ALTERNATE B $ TOTAL DIVISION I BASE BID + ALTERNATE A $ TOTAL DIVISION I BASE BID + ALTERNATE B $ I BID DIVISION II — WATER MAIN ;un� �� sr ar r tT Io'. ro ~ kA: - I FM DESCRIPTION - ,._ , F)RICE; DUCTILE IRON WATER MAIN, 6-INCH DIA., 1 CLASS 52 LF 1,312.0 $ $ DUCTILE IRON WATER MAIN, 8-INCH DIA., 2 CLASS 52 LF 2,385.0 $ $ 3 DUCTILE IRON WATER MAIN REMOVAL LF 2,998.0 $ $ TAPPING SLEEVE, VALVE AND BOX, 6 ON 6 —4 INCH DIA. EACH 1.0 $ $ TAPPING SLEEVE, VALVE AND BOX, 8 ON 16 — — 5 INCH DIA. EACH 1.0 $ $ 6 GATE VALVE AND BOX, 6-INCH DIA. EACH 8.0 $ $ 7 GATE VALVE AND BOX, 8-INCH DIA. EACH 9.0 $ $ 8 TEE, 6-INCH X 6-INCH DIA. EACH 1.0 $ $ 9 TEE (LOCKING), 8-INCH X 6-INCH DIA. EACH 7.0 $ $ 10 TEE (LOCKING), 8-INCH X 8-INCH DIA. EACH 1.0 $ $ 11 REDUCER, 8 INCH X 6 INCH DIA. EACH 1.0 $ $ 12 CAP OR PLUG, 6 INCH DIA. _ EACH 1.0 $ $ 13 CAP OR PLUG, 8 INCH DIA. EACH 2.0 $ $ 14 MEGALUGS, 6-INCH DIA. EACH 12.0 $ $ 15 MEGALUGS, 8-INCH DIA. EACH 12.0 $ $ 16 CONCRETE BLOCKING EACH 15.0 $ $ 17 HYDRANT REMOVAL EACH 1.0 $ $ 18 HYDRANT ASSEMBLY EACH 3.0 $ $ 19 BEND, 6 INCH, ANY DEGREE EACH 1.0 $ $ FORM OF BID CONTRACT NO. 898 Page 7 of 10 20 BEND, 8 INCH, ANY DEGREE EACH 2.0 $ $ 21 SLEEVE, 6 INCH DIA. EACH 8.0 $ $ 22 SLEEVE, 8 INCH DIA. EACH 2.0 $ $ 23 TEMPORARY PVC WATER MAIN LF 630.0 $ $ REMOVAL TEMPORARY PVC SURFACE $ $ WATER MAIN CONNECTIONS TO DUCTILE EACH 24 IRON WATER MAIN 2.0 25 3/4" SHORT SIDE WATER SERVICES EACH 37.0 $ $ 26 3/4" LONG SIDE WATER SERVICES EACH 18.0 $ $ KILL AND PLUG SERVICE LINE AT WATER 27 MAIN EACH 1.0 $ $ REMOVE INACTIVE PAVE BOX AND $ $ ABANDON WATER SERVICE LINE STUB IN EACH 28 PLACE 4.0 TOTAL BID DIVISION II $ TOTAL DIVISION I BASE BID + ALTERNATE A + DIVISION II $ TOTAL DIVISION I BASE BID + ALTERNATE B + DIVISION II $ 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. FORM OF BID CONTRACT NO. 898 Page 8 of 10 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 MBENVBE subcontractor(s), amount of subcontracts and bid items on the City of, Waterloo Minority and/or Women Business Pre-bid Contact Information Form submitted with this Form of Bid or Proposal. The apparent low Bidder shall submit a list of all other Subcontractor(s) to be used on this Project to the City of Waterloo by 5:00 p.m. the business day following the day Bids on this Project are due along with the Non-Collusion Affidavits of All Subcontractor(s). The Contractor shall submit information on subcontractors on "SUBCONTRACTOR REQUEST AND APPROVAL" Form to be provided by City prior to approval of contract. 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. FORM OF BID CONTRACT NO. 898 Page 9 of 10 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. 898 Page 10 of 10 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: ❑ Brickwork ❑ Landscaping ❑ Carpentry ❑ Painting ❑ Concrete ❑ Paving ❑ Drywall-Plaster-Insulation ❑ Plumbing ❑ Electrical 0 Roofing-Siding-Sheet Metal ❑ Excavation/Grading 0 Windows ❑ Flooring ❑ Wrecking-Demolition ❑ Heavy Construction ❑ Other (Please specify) ❑ Heating-Ventilating-Air Cond 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 ana services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as follows: 1. The contractors, subcontractor, vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap, political opinions or affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or physical disability, political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading c. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship 2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, economic status, age, mental or physical disabilities, political opinion or affiliations. 3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of the contractor's commitment under this section. 4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. EQUAL OPPORTUNITY CLAUSE PAGE 1 OF 2 PAGES 5. The contractor, subcontractor, vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies, procedures, patterns, and practices of each subcontractor as well as the contractor himself/herself and said contractor, subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts to the City's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City's Affirmative Action Program—Contract Compliance Provisions relative to Resolution No. 24664. 6. In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations and orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. 7. The contractor, subcontractor, vendor and supplier of goods and services will include, or incorporate by reference, the provisions of the non- discrimination clause in every contract, subcontract or purchase order unless exempted by the rules, regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. 8. We, the undersigned, recognize that we are morally and legally committed to non-discrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, creed, color, sex, national origin, economic status, age, mental or physical disabilities. (Signed) (Appropriate Official) (Title) (Date) EQUAL OPPORTUNITY CLAUSE PAGE 2 OF 2 PAGES TITLE VI CIVIL RIGHTS During the performance of this contract, the contractor (for itself), its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations: The contractor shall comply with the Regulations relative to non-discrimination in Federally assisted programs of the DOT Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, national origin, sex, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to non-discrimination on the grounds of race, color, national origin, sex, age, or disability. 4. Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant there to, and shall allow access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Contracting Authority, the Iowa DOT, or FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Contracting Authority, the Iowa DOT, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Contracting Authority, the Iowa DOT, or the FHWA shall impose such contract sanctions as they may determine to be appropriate, including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Contracting Authority, the Iowa DOT, or the FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that, in the event of a contractor becomes involved in, or it threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Contracting Authority or the Iowa DOT to enter into such litigation to protect the interests of the Contracting Authority or the Iowa DOT; and, in addition, the contractor may request the United States to enter into such litigation to protect the interest of the United States. RESIDENT/NON-RESIDENT BIDDER RESIDENT BIDDER: In accordance with Section 73A.21 of the Iowa Code, all non-federal-aid public improvement projects, which include road construction, shall be performed by a qualified resident bidder. The resident bidder has been further defined as follows: Resident Bidder: A person or entity authorized to transact business in this state and having a business for at least three years prior to the date of the first advertisement for the public improvement. If another state or foreign country has a more stringent definition of a resident bidder, the more stringent definition is applicable as to bidders from that state or foreign country. The contractor shall provide the City with a certification that he is a qualified resident bidder according to the above definition. The Certification shall be submitted with the contractor's bid. A copy of the form of "Resident Bidder Certification" is included in the Contract Documents. If it is determined that the contractor does not meet this qualification after he begins work, a shutdown notice shall be issued and the voiding of the contract shall begin unless the contractor becomes qualified. NON-RESIDENT BIDDER: The contractor shall provide the City with a certification that he is a non-resident bidder according to the above definition. The Certification shall be submitted with the contractor's bid. A copy of the form of "Non-Resident Bidder Certification" is included in the Contract Documents. DJG 01/02/12 RESIDENT BIDDER CERTIFICATION CONTRACT NO: PROJECT NAME: DATE OF LETTING: To be a qualified resident bidder, the bidder shall be a person or entity authorized to transact business in this state and having a business for at least three years prior to the date of the first advertisement for the public improvement. If another state or foreign country has a more stringent definition of a resident bidder, the more stringent definition is applicable as to bidders from that state or foreign country. This qualification as resident bidder shall be maintained by the contractor and his subcontractors at the work site until this project is completed. I hereby certify that I am a resident bidder as defined above. COMPANY NAME CORPORATE OFFICER TITLE DATE NON-RESIDENT BIDDER CERTIFICATION CONTRACT NO.: PROJECT NAME: DATE OF LETTING: I hereby certify that I am an Iowa non-resident bidder. COMPANY NAME: CORPORATE OFFICER: TITLE: DATE: STATE/COUNTRY OF RESIDENCY: Stated below are the preference(s) to resident bidders in the state/country of (Preference to bidders, labor force, or other preferential treatment to bidders or laborers, etc. Revised February 2003 CONTRACTOR'S OR SUBCONTRACTOR'S AFFIRMATIVE ACTION PROGRAM Check box that applies to party completing program: ( ) General Contractor ( ) Subcontractor I. Section A to be completed by GENERAL CONTRACTORS only: A. Name of Company Address of Company Zip Telephone Number ( ) Federal ID Number (if no Federal ID Number, Owner/President's Social Security Number) Name of Equal Employment Officer Name of Project Project Contract Number Estimated Construction Work Dates / Start Finish Section B to be completed by SUBCONTRACTORS only: B. Name of General or Prime Contractor Name of Subcontractor Subcontractor's Address Zip Subcontractor's Telephone Number ( ) Subcontractor's Federal ID Number (if no Federal ID Number Owner/President's Social Security Number) Name of Equal Employment Officer - 1 - C. Remainder of program to be completed by party completing program, either Prime or Subcontractor. 1. The Owners and/or Principals of your company: Ethnic Name Address Position Sex Origin 2. Other Areas of Interest: If your company has branches or subsidiaries, or if your company is a branch or subsidiary of a parent organization, give the following information: Type of Name Address Affiliation Degree II. EMPLOYER'S POLICY (Please read carefully.) A. We, the undersigned, recognize that we are morally and legally committed to nondiscrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap. B. The employment policies and practices of the undersigned are to recruit and hire employees without discrimination, and to treat them equally with respect to compensation and opportunities for advancement, including training, upgrading, promotion, and transfer. However, we realize the inequities associated with employment training, upgrading, contracting and subcontracting for minorities and women and we will direct our efforts to correcting any deficiencies to the maximum extent possible. The same will be required of our SUBCONTRACTORS and suppliers. C. We submit this program to assure compliance with Executive Order 11246, as amended, and other subsequent orders that may pertain to equal employment opportunity and merit employment policies, fully - 2 - realizing that our qualification and/or merit system should be evaluated and revised, if necessary. D. We agree to put forth the maximum effort to achieve full employment and utilization of capabilities and productivity of all our citizens without regard to race, creed, color, sex, national origin, economic status, age, and mental or physical handicap. E. will give training (Name of Company) and employment opportunities to local residents of Waterloo, Iowa, to the greatest extent feasible. III. AFFIRMATIVE ACTION A. recognizes that the (Name of Company) effective application of a policy of merit employment involves more than just a policy statement, and (Name of Company) will, therefore, re-evaluate our Affirmative Action Program to ensure that equal employment opportunities are available on the basis of individual merit, and to actively encourage minorities, women and local residents to seek employment with our company on this basis. B. will undertake the (Name of Company) following six (6) steps to improve our Affirmative Action Program: 1. Minority Recruitment and Employment; 2. Local Recruitment and Employment; 3. Disabled Veteran and Vietnam Era Veteran Recruitment and Employment; 4. Handicapped Recruitment and Employment; 5. Female Recruitment and Employment; and 6. Training, Upgrading and Promotional Opportunities. C. will take (Name of Company) whatever steps are necessary to ensure that our total work force has adequate minority, female, and local representation. We will utilize the following methods in our recruitment attempts: 1. Local advertising media (newspapers, radio, TV); 2. Community organizations (churches, clubs, schools); 3. - Public and private institutions in the area (UNI, Hawkeye Community College); 4. Job Service of Iowa; and 5. Other. - 3 - D. will seek qualified minority, (Name of Company) female, and local group applicants for all job categories and will make asserted efforts to increase minority, female and group representation in occupations at the higher levels or skill and responsibility. E. All sources of employment used shall be aware that we are an Equal Employment Opportunity Employer. Labor organizations representing our employees will be notified of our Equal Employment Opportunity Policy and Affirmative Action Program. F. Training, upgrading, promotion and transfer activities at all levels will be monitored to ensure that full consideration has been given to qualified minority, female, and local group employees. G. will encourage other (Name of Company) companies with whom we are associated and/or do business, to do the same and we will assist them in their efforts. H. has taken the following (Name of Company) Affirmative Action to ensure that minority, female, local contractors and/or suppliers were provided opportunities to negotiate and/or bid on this project: (if none, write "NONE") 1. 2. As a result of the above efforts, we have involved minority, female, and local contractors and/or suppliers in the following areas of subcontracting: (if none, write "NONE") 1. 2. J. will require approved (Name of Company) Affirmative Action Programs from all nonexempt contractors who propose to work on this project and will take whatever steps are necessary to ensure that non-minority contractors have adequate representation of minority, female and local persons in their total work force. - 4 - K. In further accordance with rules and guidelines issued pursuant to Executive Order 11246 as amended, we establish the goals for our company, based on parity percentages supplied by the City, and we realize these goals will be reviewed on an annual basis. L. will keep records of (Name of Company) specific actions relative to recruitment, employment, training, upgrading and promotion and will provide the City of Waterloo with any information relative to same, including activities of our SUBCONTRACTORS and suppliers as necessary or when requested. M. Parity figures for companies located in Waterloo are as follows: Minority Parity = .08 (8%) N. Affirmative Action (Name of Company) Employment Goals: The definition of Affirmative Action Goals is as follows: "Goals may not be rigid and inflexible quotas which must be met, but must be targets, reasonably attainable by means of applying every good faith effort to make all aspects of the entire Affirmative Action Program work." For the year 201_, please submit percentage targets for employing minorities and women. If you already have reached your target for hiring minorities and women, please submit that percentage. *Goals for Minorities: cyo Goals for Women: ok *Your affirmative action goals should be between 1% and 10% or more for minorities and 1% and 5% or more for women. Please be advised that the goals or targets are purely your estimation of how many women and minorities your company can reasonably expect to hire in 201_. Note, that none of the goals are rigid or inflexible. They are targets that your company calculates as reasonably attainable. This will help the City in its monitoring procedures as required by City of Waterloo Resolution No. 1984-142(4). - 5 - CONTRACTOR'S TOTAL WORK FORCE (WATERLOO) HOURLY NAME AND ADDRESS JOB CATEGORY RACE SEX WAGE INDICATE: DISABLED VETERAN: DV VIETNAM ERA VETERAN: VV HANDICAPPED: H - 6 - We hereby certify that we are in compliance with all City and Federal Affirmative Action Regulations and agree to accept all liability for failure to comply. Respectfully submitted, By: Company Executive Date By: Equal Employment Opportunity Officer Date City of Waterloo Affirmative Action Officer Approved Disapproved Reason: By: Date: - 7 - DESCRIPTION OF JOB CATEGORIES 1. Officials/Manager: Occupations in which employees set broad policies, exercise overall responsibility for execution of all policies, or direct individual departments or special phases of the agency's operations or provide specialized consultation on a regional, district or area basis. Includes: department heads, bureau chiefs, division chiefs, directors, deputy directors, controllers, examiners, wardens, superintendents, unit supervisors, sheriffs, police and fire chiefs and inspectors and kindred workers. 2. Professionals: Occupations which require specialized and theoretical knowledge which is usually required through college training or thorough work experience and other training which provides comparable knowledge. Includes: personnel and labor relations workers, social workers, doctors, psychologists, registered nurses, economists, dietitians, lawyers, system analysts, accountants, engineers, employment and vocational rehabilitation counselors, teachers or instructors, police and fire captains and lieutenants and kindred workers. 3. Technicians: Occupations which require a combination of basic scientific or technical knowledge and manual skill which can be obtained through specialized post-secondary school education and through equivalent on-the- job training. Includes: computer programmers and operations, draftsmen, surveyors, licensed practical nurses, photographs, radio operators, technical illustrators, police and fire sergeants and kindred workers. 4. Office/Clerical: Workers are responsible for internal and external communication, recording and retrieval of data and/or information and other paper work required in an office. Includes: bookkeepers, messengers, office machine operators, clerk-typists, stenographers, court transcribers, hearing reporters, statistical clerks, dispatchers, license distributors, payroll clerks and kindred workers. 5. Skilled Craft Workers: Workers perform jobs which require special manual skill and a thorough and comprehensive knowledge of the processes involved in the work which is acquired through on-the-job training programs. Includes: Mechanics and repairman, electricians, heavy equipment operators, stationary engineers, skilled machine occupations, carpenters, compositors and typesetters and kindred workers. 6. Sales Workers: Occupations engaging wholly and primarily in direct selling. Includes: advertising agents and salesman, insurance agents and brokers, real estate agents and brokers, stock and bond salesmen, demonstrators, salesmen and sales clerks, grocery clerks and cashier checkers, and kindred workers. - 8 - 7. Operatives (semi-skilled): Workers who operate machine or processing equipment or perform other factory-type duties of intermediate skill level which can be mastered in a few weeks and require only limited training Includes: apprentices (auto mechanics), plumbers, building trades, metal working trades, bricklayers, carpenters, electricians, machinists, mechanics, printing trades, etc., operatives, attendants (auto service and parking), plasterers, chauffeurs, deliverymen and furnacemen, heaters (metal), laundry and dry cleaning operatives, milliners, mine operatives and laborers, motormen, oilers and greasers, (except auto painters), (except construction and maintenance), photographic process workers, stationary fireman, truck and tractor drivers, weavers, (textile), welders and flame cutters and kindred workers. 8. Laborers (unskilled): Workers in manual occupations which generally require no special training. Perform elementary duties that may be learned in few days and require the application of little or no independent judgment. Includes: garage laborers, car washers and greasers, gardeners (except farm) and groundskeepers, longshoremen, and stevedores, lumbermen, raftsmen and woodchoppers, laborers performing lifing, digging, mixing, loading and pulling operations and kindred workers. 9. Apprentices: Persons employed in a program including work training and related instruction to learn a trade or craft which is trad tionally an apprenticeship, regardless of whether the program is registered with a Federal or State agency. 10. Trainees (on-the-job): Production. . . persons in formal training for craftsmen when not trained under apprentice programs--operative laborer, and service occupations. White Collar. . . persons engaged in formal training for clerical, managerial, professional, technical, sales, office and clerical occupations. - 9 - ITEMS OF POTENTIAL MBE/WBE PARTICIPATION NOTICE TO PROSPECTIVE BIDDERS: The following are items from the F.Y. 2016 STREET RECONSTRUCTION PROGRAM, Contract No. 898, that have a potential for MBE/WBE Participation. This listing, however, is not intended to be all encompassing; to preclude MBE/WBE Contractors from bidding on any items of the Proposal as a Subcontractor or the entire Proposal as a Prime Contractor. BID EST ITEM DESCRIPTION UNIT QTY DIVISION I BASE BID -SECTION I CONSTRUCT, MAINTAIN, REMOVE TEMPORARY 1 ACCESS & RESTORE SY 25.0 2 MISC. CURB AND GUTTER, PCC, 6", C-4 LF 43.0 3 REMOVE AND REPLACE MISC. HMA, 3" SY 13.3 4 REMOVE AND REPLACE MISC. HMA. 6" SY 29.2 5 REMOVE AND REPLACE MISC. HMA, 7.5" SY 16.0 6 REMOVE AND REPLACE MISC. HMA, 10.5" SY 66.8 7 REMOVE AND REPLACE 3" HMA/6" PCC, M-4 SY 67.0 8 REMOVE AND REPLACE 4" HMA/9" PCC, M-4 SY 61.1 11 DRIVEWAY APPROACH AND S/W, 6" PCC, C-4 SY 558.7 12 DRIVEWAY APPROACH AND S/W, 5" PCC, C-4 SY 4,359.9 13 SIDEWALK, 4" PCC, C-4 SY 459.9 14 SIDEWALK, 5" PCC, C-4 SY 249.2 15 SIDEWALK, CLASS A, PCC, C-4 LF 337.0 16 PEDESTRIAN RAMP, PCC SIDEWALK, 6" PCC, C-4 SY 583.0 PEDESTRIAN RAMP DETECTABLE WARNING 17 SURFACE SF 758.0 18 SIDEWALK CURB SECTION LF 49.0 22 SIDEWALK REMOVAL SY 569.3 23 SAW CUT LF 2,856.8 26 RECYLED ASPHALT PAVING TON 4.5 27 ROADSTONE, 3/4" TON 95.2 28 DRAIN TILE, 6" LF 25,232.5 29 DRAIN TILE, 4" LF 971.0 30 DRAIN TILE STUB, 4" LF 1,607.0 31 DRAIN TILE TAP AND COLLAR EACH 28.0 32 SUBDRAIN OUTLET EACH 104.0 CONVERT WATER VALVE MANHOLE TO 33 ROADBOX EACH 6.0 48 LOWER WATER SERVICE, 3/4" OR 1" EACH 2.0 EST. DIVISION I BASE BID -SECTION II UNIT QTY 63 STORM SEWER, 2000D, 24" LF 32.5 64 STORM SEWER, 2000D, 18" LF 33.9 65 STORM SEWER, 2000D, 15" LF 297.3 66 STORM SEWER, 2000D, 12" LF 1,888.7 67 STORM MANHOLE, TYPE A, 48" EACH 25.0 SW-402 MODIFIED RECTANGULAR STORM 68 MANHOLE EACH 7.0 69 REMOVE EXISTING STRUCTURE EACH 52.0 70 MAJOR MANHOLE ADJUSTMENT EACH 1.0 71 TYPE E-1-C INLET EACH 32.0 72 TYPE E-2-C INLET EACH 21.0 73 TYPE E-1-C INLET, USE EXISTING CASTING EACH 2.0 74 TYPE E-1-C INLET, MODIFIED EACH 1.0 75 TYPE SW-507 INLET EACH 4.0 76 REM/REPL INLET BOXOUT, E-1-C EACH 9.0 77 REM/REPL INLET BOXOUT, E-2-C EACH 11.0 78 TAP AND COLLAR STRUCTURE OR PIPE EACH 7.0 79 INSULATE EXISTING COPPER WATER SERVICE EACH 0.0 FURNISH AND INSTALL MANHOLE RING AND 80 COVER EACH 0.0 81 STORM WATER PROTECTION FOR STRUCTURES EACH 94.0 EST. DIVISION I BASE BID-SECTION III UNIT QTY 82 RECONSTRUCT SANITARY SEWER, 24" LF 9.2 83 RECONSTRUCT SANITARY SEWER, 12" LF 589.8 84 RECONSTRUCT SANITARY SEWER, 10" LF 1,626.6 85 RECONSTRUCT SANITARY SEWER, 8" LF 3,340.3 86 REMOVE AND REPLACE SANITARY SEWER, 8" LF 30.0 87 SANITARY SEWER SERVICE, 6" LF 2,178.0 88 STANDARD SANITARY MANHOLE, 48" EACH 10.0 89 STANDARD SANITARY DROP MANHOLE, 48" EACH 1.0 REMOVE EXISTING STRUCTURE, SANITARY 90 MANHOLE EACH 9.0 FURNISH AND INSTALL MANHOLE RING AND 91 COVER EACH 7.0 92 TRACE SANITARY SEWER SERVICE EACH 2O.0 93 DYE TEST INVESTIGATION EACH 46.0 94 UNDERGROUND INVESTIGATION-SANITARY EACH 3.0 EST. DIVISION I BASE BID-ALTERNATE A UNIT QTY 12A COLD WEATHER CONCRETE PROTECTION SY 1,449.6 EST. DIVISION I BASE BID-ALTERNATE B UNIT QTY 5B COLD WEATHER CONCRETE PROTECTION SY 3,610.0 EST. DIVISION II-WATER MAIN UNIT QTY 1 GATE VALVE AND BOX, 8-INCH DIA. LF 1,312.0 2 GATE VALVE AND BOX, 6-INCH DIA. LF 2,385.0 3 TEE, 8-INCH X 8-INCH DIA. LF 2,998.0 4 REDUCER, 8 INCH X 6 INCH DIA. EACH 1.0 5 CAP OR PLUG, 6 INCH DIA. EACH 1.0 6 CAP OR PLUG, 8 INCH DIA. EACH 8.0 7 MEGALUGS, 6-INCH DIA. EACH 9.0 8 MEGALUGS, 8-INCH DIA. EACH 1.0 9 CONCRETE BLOCKING EACH 7.0 10 HYDRANT ASSEMBLY EACH 1.0 11 HYDRANT REMOVAL EACH 1.0 12 CAP OR PLUG, 6 INCH DIA. EACH 1.0 13 CAP OR PLUG, 8 INCH DIA. EACH 2.0 14 MEGALUGS, 6-INCH DIA. EACH 12.0 15 MEGALUGS, 8-INCH DIA. EACH 12.0 16 CONCRETE BLOCKING EACH 15.0 17 CAP OR PLUG, 6 INCH DIA. EACH 1.0 18 CAP OR PLUG, 8 INCH DIA. EACH 3.0 19 MEGALUGS, 6-INCH DIA. EACH 1.0 20 MEGALUGS, 8-INCH DIA. EACH 2.0 21 CONCRETE BLOCKING EACH 8.0 22 CAP OR PLUG, 6 INCH DIA. EACH 2.0 23 CAP OR PLUG, 8 INCH DIA. LF 630.0 24 MEGALUGS, 6-INCH DIA. EACH 2.0 25 MEGALUGS, 8-INCH DIA. EACH 37.0 26 CONCRETE BLOCKING EACH 18.0 27 MEGALUGS, 8-INCH DIA. EACH 1.0 28 CONCRETE BLOCKING EACH 4.0 MBE/WBE GOALS FOR THIS PROJECT IMPORTANT: Prime Contract Bidders should be aware that ten percent (10%) MBE goal and a two percent (2%) WBE goal is attached to this project. "Certified Return Receipt" letters are no longer needed with the bid showing proof of contacting MBE or WBE Subcontractors, but the Pre-Bid Contact Information Form must be filled out completely. City of Waterloo Contract Compliance Officer: Contract Compliance Officer Community Development Board Carnegie Annex, Suite 202 620 Mulberry Street Waterloo, IA 50703 Phone: (319) 291-4429 SUBCONTRACTOR'S BID REQUEST FORM PRIME BIDDER'S LETTERHEAD Contract No.: Letting Date: I, (subcontractor's name), hereby attest that I have been solicited for a bid on (project name) in the area of (description of work and bid item no.). (Prime contractor) has informed me that if I am interested in bidding, a subcontracting bid proposal must be submitted to the company office by (date) and (time). Subcontractor's Compar y Name Date Subcontractor's Signature Date Prime Bidder's Signature LETTER TO BE USED WHEN SOLICITING FOR SUBCONTRACTOR QUOTES Subcontractor Company Name Address RE: Contract No.: • _ Dear (Prime Contractor's Company Name) is presently soliciting for the following work in connection with the above referenced project. (Insert bid Item Nos. and Description of Work) (Prime Contractor's Company Name) is an Equal Opportunity Employer, and all qualified bidders will not be discriminated against due to race, religion, color, sex, or origin. If interested in bidding your proposal must be turned in to this office by and (Date) (Time) Sincerely, (Prime Contractor's Representative) Form CCO-3 (11/28/2001) LETTER OF INTENT TO BID (MBE/WBE LETTER) According to the Current MBE/WBE Contract Compliance Program - 2002, all MBE/WBE Contractors interested in submitting subcontractor quotes on construction projects with goals, MUST submit a LETTER OF INTENT TO BID to the City of Waterloo Contract Compliance Officer at least seven (7) days prior to bid opening. The LETTER OF INTENT TO BID must list the specific items which the MBE/WBE Contractor is interested in bidding. Letter should include the following: Name of Project: Your Company Name: Address: Phone: Date: List of Specific items to be bid: Item No. Description: Item No. Description: Item No. Description: Item No. Description: Item No. Description: (Subcontractor's Company Name and authorized signature) Return this LETTER OF INTENT TO BID to: Contract Compliance Officer Community Development Board 620 Mulberry St. Carnegie Annex, Suite 202 Waterloo, IA 50703 Phone: (319) 291-4429 Form CCO-5 (06-20-2002) E 3 ° "'Cu Lo c U) °o ,tv •c E cn O ,� O j c `- a) O C> as +. 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O C m E N c .c 2 ° c w C cn a) 3 C U O C c ° CO° a) C N Q N p o0 to o c a) w o " ai C m (o E a) cn (7)i •7) oO :a O c as U o ° E en c O Co :o t O O z -a a) � a) � � c c _, co c 0m -0L •� L L- 0 o E o c ° O C) fY tea) E c _c4 ° � � o -Q , w c ` .- 0) 0) _ U0C0 o o ` QQL U' rn ° ° � o a U) ww � m a ° � Q w � � 0 > o D o >, -O >,— m m ct 3 E E co E U) 0 oY o m � c o O Lw = Q)w ° � � o o moo m c o L 0 co w C U U m p V c m ° c o w m U E >,O 0) 0 c ' co Q _ c Qo m (o a) 0 ,- (0 = 3 < ±; - m � z20° a c owU O < 0 C O � � - -o E U CLl1 v ''- ow — � c Q I. rid m a�i rnw 0 U U � L w a) •E cn om o 0 om cd � ° 0_ cam 0 -ci ai •c .`. 2Y 4- �m 0 Q•• 4--. m 3 �. 2 di-d C 'O C � O L' C cO a) — U E o .c ° Q (o E .` c cn o � _c � cow U > 0 U a) a`) aw U E cn - E -a < a) 0 >, U I— U w H. a) o n3 �- Q 00 E a` a Q.n0 - o a) cNi o _0U c'i -°, 'r a) uiw _c cCl) ,- O � o H o v) r- LL CERTIFIED MBE / WBE CONTRACTORS CITY OF WATERLOO, IOWA 4. •fit 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.wplwloo.lib.ia.us/contractcompliance/ Contact: Rudy Jones, Community Development Director Email: rudy.jones(awaterloo-ia.org Phone: (319) 291-4429 Fax: (319) 291-4431 MBF/WBE Certified Contractors List Page I or 3 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 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 OLD GREER'S WORKS 2309 Springview Street Waterloo, IA 50707 Phone: (319) 233-2150 — Contact: David L. Greer, Sr. Specializing in: ROOFING & GENERAL CONSTRUCTION — MBEr"wBE Certified Contractors List Page 2 c f — QUICK CONSTRUCTION 217 Bates Street Waterloo, IA 50703 Phone: (319) 215-4166 Contact: Leroy Harrington Specializing in: ALL TYPES OF CONCRETE FLATWORK AND GENERAL CONSTRUCTION CERTIFIED WBE CONTRACTORS _ ATLAS PAINTING, INC.* 911 Sycamore Street P.O. BOX 65 Waterloo, IA 50704 Phone: (319) 232-9164 Specializing in: COMMERCIAL AND 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 Iv1BE:'WBE Certified Contractors List Pale : of STATEMENT OF BIDDER'S QUALIFICATIONS (To be submitted by the Bidder only upon the specific request of the City of Waterloo, Iowa.) All questions must be answered and the date given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of bidder. 2. Permanent main office address. 3. When organized. 4. If a corporation, when incorporated. 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.) 7. General character of work performed by your company. 8. Have you ever failed to complete any work awarded to you? If so, where and why? 9. Have you ever defaulted on a contract? If so, where and why? 10. List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. 11. List your major equipment available for this contract. 12. Experience in construction work similar in importance to this project. 13. Background and experience of the principal members of your organization, including the officers. 14. Credit available: $ 15. Give bank reference: STATEMENT OF BIDDER'S QUALIFICATIONS PAGE 1 OF 2 PAGES 16. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the City of Waterloo, Iowa? 17. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City of Waterloo, Iowa, in verification of the recitals comprising this Statement of Bidder's Qualifications. Dated at , this day of , 201 . (Name of Bidder) By: Title: State of ) ) ss: County of ) , being duly sworn deposes and says that he is of (Name of Organization) and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this day of , 201 . Notary Public My commission expires , STATEMENT OF BIDDER'S QUALIFICATIONS PAGE 2 OF 2 PAGES GENERAL SPECIAL PROVISIONS 1. SCOPE OF WORK The work covered by this contract consists of furnishing all labor, equipment, and materials and performing all operations, in connection with the F.Y. 2016 STREET RECONSTRUCTION PROGRAM, Contract No. 898, as shown on the contract drawings and in accordance with these specifications. The contract drawings, which accompany and form a part of this contract and specifications are dated March 7, 2016. They have the general title of F.Y. 2016 STREET RECONSTRUCTION PROGRAM, Contract No. 898. The drawings are numbered and separately entitled as follows: DIVISION I — STREET RECONSTRUCTION Sheet No. Description 1 Title Sheet 2 Location Map, Legend, Index of Streets 3 General Notes 4 — 6 Estimate of Quantities, Quantity Notes 7 Pavement Marking Tabulation 8 Typical Pavement and Drain Tile Sections 9 — 12 Burton Avenue - Plan/Profile & Tables 13 — 30 Downing Avenue - Plan/Profile, Tables, Inter. Details, SAV Tables, & Detour 31 — 38 Easton Avenue - Plan/Profile, Tables, Inter. Details, & Detour 39 —42 Fourth Street, E. - Plan/Profile, Tables, & Detour 43 —49 Grant Avenue - Plan/Profile, Tables, Inter. Details, & S/W Tables 50 — 55 Greenbrier Road - Plan/Profile, Tables, & Inter. Details, 56 — 68 Lafayette Street - Plan/Profile, Tables, Inter. Details, S/VV Tables, & Detour 69 — 73 Lynkaylee Drive - Plan/Profile, Tables, & Inter. Details 74 — 80 Mockingbird Lane - Plan/Profile, Tables, Inter. Details, & S/W Tables 81 — 84 Montrose Road - Plan/Profile, Tables, & Inter. Details 85 — 91 Sixth Street, W. - Plan/Profile, Tables, Inter. Details, & S/W Tables 92 — 94 Starlight Boulevard - Plan/Profile & Tables 95 — 99 Western Avenue - Plan/Profile, Tables, & S/W Tables 100 — 115 Standard Details 116 — 117 Stormwater Pollution Protection Details GENERAL SPECIAL PROVISIONS CONTRACT NO. 898 Page 1 of 5 DIVISION II - WATER MAIN Sheet No. Description 1 Title Sheet 2 — 5 Downing Avenue 6 — 7 Easton Avenue 8 — 9 Details The standard specifications of the City of Waterloo are to be used along with the special provisions described herein and shall be considered as part of the contract documents. 2. CONFLICTING SPECIFICATIONS All requirements of other specifications contained in the contract documents which conflict with the provisions of the special provisions will be considered void. 3. DUMPING AREAS Excess material resulting from construction operations shall be hauled to the County Landfill or other area secured by the Contractor and approved by the City Engineer. Rubble, rubbish, trees, brush, and other unsuitable backfill material, as designated by the City Engineer, shall be hauled to the County Landfill. All Landfill charges are to be considered incidental to the contract and are the responsibility of the Contractor. 4. CONSTRUCTION DAMAGE The Contractor shall exercise care during construction operations to ensure the safety and protection to existing features located near or within the limits of construction. Damage caused by negligence or poor workmanship, as determined by the Engineer, shall be considered the Contractor's responsibility. 5. REMOVED MATERIALS All materials removed as part of this Contract shall remain the property of the City unless the City determines that he materials are not salvageable and the City does not want to retain ownership of the materials. Materials designated in the field by the Engineer as nonsalvageable shall be hauled and disposed of by the Contractor at no cost to the City. All other materials shall be transported to locations as directed by the Engineer. No separate measurement or payment will be made for hauling or disposing of removed materials and it shall be considered incidental to applicable items. 6. OVERHAUL Overhaul will not be paid for "surplus material" obtained from any of the items of construction under this contract. The cost of overhaul will be considered as incidental to the items to which it applies. GENERAL SPECIAL PROVISIONS CONTRACT NO. 898 Page 2 of 5 7. MAILBOXES The Contractor shall notify the United States Postal Department of mailboxes, which interfere with any part of the work before removing them, and the Contractor will relocate them as required by the Postmaster. The removal and replacement of mailboxes will not be considered for direct payment, but will be considered incidental to the item to which it applies. 8. PAY ITEMS All pay items are listed in the proposal and shall include the purchase of all materials, delivery of these materials, and furnishing all labor, plant and miscellaneous work needed to make the item complete. All such cost shall be incidental to the proposed item to which it applies and shall not be considered for separate payment. 9. BREAKDOWN OF LUMP SUM CONTRACT PRICE ITEMS The Contractor shall, immediately upon execution and delivery of the contract, before the first estimate for payment is made, deliver to the City Engineer a detailed estimate giving a complete breakdown of the lump sum contract prices. The submitted breakdown shall be approved by the City Engineer prior to any payment of any lump sum price item. 10. PERMISSION TO HAUL OVER STREETS, RAILROADS AND HIGHWAYS The Contractor will be required to secure, from the proper authorities, permission or permit which may be required to haul over streets, highways, railroads or private property, and any hauling operations of the Contractor shall be subject to the requirements of such permits, permission, and to all applicable regulations, laws, and ordinances governing hauling and movement of equipment over streets, railroads, highways and private property. Any costs or inconvenience caused by obtaining any necessary permits or permission shall be considered completely covered by the price bid for the items in the proposal. 11. CONSTRUCTION SCHEDULING The City Engineer shall approve Contractor's work schedule prior to starting. All revisions shall also be approved. The City Engineer may change the schedule to accommodate changing construction conditions. The Contractor shall coordinate the work under this contract with contractors performing work under other contracts which may be performed concurrently. The Contractor shall be responsible to notify the Police, Fire, Street and Engineering Departments of the closing and opening of streets. The Contractor shall commence work within ten (10) days after receipt of the "Notice to Proceed" and diligently execute the work of the contract to completion. GENERAL SPECIAL PROVISIONS CONTRACT NO. 898 Page 3 of 5 12. PRE-CONSTRUCTION CONFERENCE Before any work is started, the Contractor shall arrange with the City Engineer to hold a pre-construction conference to discuss problems and schedules of contracts. 13. UNDERGROUND UTILITIES It is the responsibility of the Contractor to obtain the location of gas lines, water lines, electric, telephone, and cable television cables or wires from the various utility companies and the City electrician before starting any excavation. The Contractor shall be responsible for any damage to any underground utilities. The Contractor shall expose those utilities indicated on the plans so that elevations may be determined before beginning construction. This work shall be considered incidental to other items of work. If the Contractor believes that additional costs have been incurred due to a utility being improperly located, the resolution of the additional costs incurred shall be made between the Contractor and the respective utility company. 14. TRAFFIC SIGNS AND STREET SIGNS The Contractor shall contact the City of Waterloo Traffic Operations Department to have any street sign that will be affected by construction removed and replaced when the work has been completed. 15. TRAFFIC CONTROL DURING CONSTRUCTION The Contractor shall, at his own expense and without further or other order, provide, erect and maintain, at all times during the progress and suspension of the work and until completion and final acceptance thereof, suitable and requisite barricades, signs or other adequate protection, as required by the latest edition of Part VI of the "Manual on Uniform Traffic Control Devices" and shall provide, keep and maintain such barricades, signs, etc., as may be required or as may be ordered by the Engineer, to ensure the safety of the public as well as those engaged on the work. All barricading plans shall be reviewed by the Engineer. The Contractor shall determine, provide and obtain approval from the City Engineer on all detour locations for all street closings, barricades and posting prior to construction. - These shall meet requirements of the City Police Traffic Department. The Contractor shall notify the City Engineer's Office and the Police, Fire and Street Departments when the street is closed for construction. All barricading shall be in accordance with the latest edition of Part VI of the "Manual on Uniform Traffic Control Devices." Encapsulated lens sheeting is not required on this project. 16. GRADES, LINES, LEVELS AND SURVEYS All necessary grades, lines, levels and surveys shall be established and maintained by the Contractor. GENERAL SPECIAL PROVISIONS CONTRACT NO. 898 Page 4 of 5 The Contractor shall verify all grades, lines, levels and dimensions as sown on the drawings, and he shall report any errors or inconsistencies in the same to the City Engineer before commencing work. 17. SAFETY OF WORKERS AND PUBLIC The Contractor shall, at all times, take necessary precautions to protect the life and health of all persons employed on this project and the public. He shall provide necessary safety devices and safeguards in accordance with latest and best accident prevention practices. All such protection shall be furnished to employees without cost. No direct measurement of payment shall be made for this protection, but shall be considered incidental to other items of work. The public shall be kept outside of any work area. 18. CONSTRUCTION EQUIPMENT FOR PORTLAND CEMENT CONCRETE PAVEMENT Section IX "Construction Equipment" of the "Specifications for Concrete Paving, Widening, and Curb and Gutter" of the Standard Specifications for Municipal Public Works Construction, City of Waterloo, Iowa, shall be amended as follows: Iowa Department of Transportation standard specification Section 2301.07 Construction Equipment For Portland Cement Concrete Pavement shall apply with the following exception to Section 2301.07.A.7.b Finishing Machine: The first sentence shall read as "A finishing machine will be required on all uniform width slabs ten (10) feet or more in width upon which a continuous line of forms more than one hundred fifty (150) feet in length may be set, except for intersections or otherwise approved by the Engineer." 19. WORKING ON SATURDAYS, SUNDAYS AND LEGAL HOLIDAYS The Contractor shall notify the Engineer in writing forty-eight (48) lours in advance if work on Saturday is planned. By noon the Friday before the planned Saturday work, the Contractor shall confirm the Saturday work schedule with the project inspector. Work on Sunday requires prior approval of the Engineer in accordance with the Waterloo Standard Specifications. The Contractor shall not work the following days in 2016 due to City holidays: May 30, July 4, September 5, November 11. GENERAL SPECIAL PROVISIONS CONTRACT NO. 898 Page 5 of 5 DIVISION I SPECIAL PROVISIONS CONCRETE AND ASPHALT PAVEMENTS; DRIVEWAYS AND SIDEWALKS 1. PAVEMENT MATERIAL A. PORTLAND CEMENT CONCRETE SUDAS Division 7, Section 7010 shall apply with the following revisions: 1. City of Waterloo "Standard Specifications for Munic pal Public Works Construction" General Specifications for Construction shall be used in lieu of "General Provisions & Covenants" Division I. 2. 1.08.A.3: Cold weather protection and Linseed Oil application will be measured by SY and paid by separate bid items. 3. Section 7040 - 1.08.H.3 & 1.3: Sawing for pavement removal will be measured and paid by linear foot. Resawing, required due to negligence of the contractor, shall not be paid by the City. All PC concrete removed from this project shall be disposed of at approved recycle or rubble disposal sites. All of the asphalt removed from this project is to be the property of the contractor. When existing paving brick is encountered, they shall be taken to the City's storage yard off of Falls Avenue (south of Falls Avenue, east of Black Hawk Creek, north of University Avenue). The bricks shall be removed in such a way as to minimize damage (no milling) and kept reasonably free of soil or other materials. If railroad ties and rails are encountered, these shall also be removed and disposed of as a part of the Concrete Pavement Removal item. Before leaving the project for the day, the Contractor shall shape the subgrade to drain. 4. 2.01.K.2: Flexible foam expansion joint material, one-half (1/2) inch thick and meeting the requirements of Iowa DOT Specification Section 4136, may be used as joint material provided that the material is placed in such a manner that the expansion joint material in the finished joint is smooth (i.e. not wavy). 5. 3.01.B.1b: Short distance for hand methods is considered as 150 feet or less. SPECIAL PROVISIONS CONTRACT 898 Page 1 of 50 6. 3.02.C: Surface Fixture Adjustments — "Minor Fixture Adjustments" shall be considered incidental to applicable items. 7. 3.02.F: Use of paving machine required on all sections 150 feet or more. 8. 3.02.H.5: Surface treatment shall be burlap bag treatment only. 9. 3.02.K: All joints shall be sealed as per Standard Road Plan PV-101, Details A, B & C. 10. 3.03.B: Hand finish methods may be used for curb and gutter sections 150' or less. 11. "Determining Coarseness and Workability Incentive" in IM530 shall not apply. 12. Linseed Oil Surface Treatment of PCC Paving and Curb and Gutter This item shall consist of the curing of concrete and protecting the entire finished concrete surface of the pavement and curbs from the de-icing agents used during cold weather by applying a linseed oil solution. The linseed oil solution application is required only on paving placed after August 31. A curing compound/linseed oil combination product shall be used. Material shall conform to W.R. MEADOWS LIN-SEALTM WHITE Curing and Anti-Spalling Compound or engineer approved equivalent. Linseed oil treatment shall be paid at the unit price per square yard. B. HOT MIX ASPHALT: SUDAS Division 7, Section 7020 shall apply with the following revisions: 1. City of Waterloo "Standard Specifications for Municipal Public Works Construction" General Specifications for Construction shall be used in lieu of"General Provisions & Covenants" Division I. 2. Specific References to Base Widening do not apply to Full Depth Construction on this project. 3. 1.02.6.2: Table 7020.01 will be modified by the following: a. Surface Course: HMA - 1 M or 3M ESALS, S '/2", No friction required PG 58-28 for 1M ESALS, PG 64-22 for 3M ESALS 1 M ESALS will be 60% crushed particles 3M ESALS will be 75% crushed particles Type A Aggregate only SPECIAL PROVISIONS CONTRACT 898 Page 2 of 50 b. Base and Intermediate Course(s): HMA— 1 M or 3M ESALS, B/I 3/" PG 58-28 for 1 M ESALS, PG 64-22 for 3M ESALS 1 M ESALS will be 60% crushed particles 3M ESALS will be 75% crushed particles Type A Aggregate only 4. 1.05.B: Allowable percentage of RAP in the mix will be as shown in IDOT table 2303.02-1. If the contractor wishes to use RAP in the production of HMA, the contractor will provide to the City documentation showing that the RAP is either Unclassified, Classified or Certified. Documentation will meet the requirements of IDOT section 2303, IM 505 and IM 510. The City will not do gradation or extraction tests on the RAP to determine the amount of asphalt binder present in the RAP. The contractor can have the samples sent to an independent lab or send the samples to the IDOT for extraction and gradation tests. Contractor tests results on the RAP to determine Classified or Certified status will not be accepted. The contractor and the City will work together to take samples. All test results will be provided to the City. If documentation can't be provided, the RAP will be treated as unclassified. RAP to be used in the production of HMA will be included in the JMF. The contractor will take the RAP into account during the mix design as described in IDOT Section 2303 and IM 505. If the contractor wishes to use RAP in the HMA mixture, the contractor will provide documentation for the status of the RAP to be used. 5. 1.05.C: Any HMA removed shall be property of the Contractor. 6. 1.08.1: Surface Fixture Adjustments — "Minor Fixture Adjustment" shall be considered incidental to applicable items. 7. 1.08.J: Sawing for pavement removal will be measured and paid by linear foot. Resawing, due to negligence of contractor, shall not be paid by the City. All of the asphalt removed from this project is to be the property of the Contractor. When existing paving brick is encountered, they shall be taken to the City's storage yard off of Falls Avenue (south of Falls Avenue, east of Black Hawk Creek, north of University Avenue). The bricks shall be removed in such a way as to minimize damage (no milling) and kept reasonably free of soil or other materials. If railroad ties and rails are SPECIAL PROVISIONS CONTRACT 898 Page 3 of 50 encountered, these shall also be removed and disposed of as a part of the Concrete Pavement Removal item. Before leaving the project for the day, the Contractor shall shape the subgrade to drain. 8. 2.02: Use of warm mix asphalt (WMA) is not allowed. 9. 2.03.B: No recycled asphalt shingles (RAS) will be allowed. 10. 3.01.C2: Tack coat will be required per lift in this section. 11. 3.06.A: The City may conduct the tests, hire an independent testing laboratory, or use the Contractor's test results. Density for all streets will be a minimum of 94%. 12. 3.06.A.2: The City will not prepare the mix designs. The Contractor will have mix designs approved by the IDOT or independent lab. Any HMA produced prior to submittal of JMF's and material certifications will not be paid for. 13. 3.06.A.3.b.1: Binder will be accepted based on suppliers shipment certification. 14. 3.06.A.3.b.6: No split samples for agency correlation are required. 15. 3.06.B.3: Will be modified as follows: For base, intermediate and surface lifts, any mix on any street per stage per day, over 700 feet in length or over 2400 SY in area will require QMA. For base intermediate and surface lifts over 100 ton per street per stage per day will require a hot box sample and gradation, unless otherwise waived by the Engineer. 16. Maximum compacted thickness of any lift will be three (3) inches. 17. Multiple lifts of asphalt will not be allowed on the same street on the same day until existing HMA has reached an ambient temperature with its surroundings prior to the placement of the next layer of HMA. The Engineer may waive this requirement. 18. Separate payment for asphalt binder will not be made. 19. PWL will not be used to determine pay adjustments. 2. EXISTING PAVEMENT SECTIONS The following list of pavement sections are being included for the Contractor's information. This has been based on cores taken by the City. The City does not guarantee pavement sections in areas other than the location of the core. This SPECIAL PROVISIONS CONTRACT 898 Page 4 of 50 — information shall not constitute' a basis for additional compensation if conditions are found to be different in other areas. - CORE# STREET LOCATION OFFSET ACC BRICK PCC 60'S.OF WALNUT 1 E.4TH ST. PTR 5.0'W. 6" 3 3/4" 8"+/- 2 E.4TH ST. 500 6.0'E. 6" 3 1/4" SEE NOTE 3 W.6TH ST. 1715 4.4'W. 6" 4 W.6TH ST. 1827 3.0'E. 5" 5 W.6TH ST. 1946 3.6'W. 6" 6 BURTON AVE. 75'S.OF LEVEE 6.0'W. 4" 8 1/2" - 65'N,OF DW TO 7 BURTON AVE. LOT FIELD#3 3.0'E. 4 1/2" 5"BROKEN 8 DOWNING AVE. 1735 6.5'N. 4" 6 1/4" 9 DOWNING AVE. 1823 6.2'S. 4 1/4" 6 1/4" 10 DOWNING AVE. 1909 3.9'N. 4 1/2" 6" 11 DOWNING AVE. 2017 4.5'S. 4 1/2" 5 1/2" 12 DOWNING AVE. 2117 7.0'N. 4 1/4" 7 1/2" 13 DOWNING AVE. 2219 5.5'S. 4" 6 1/4" 14 EASTON AVE. 1525 6.4'N. 4 1/2" 15 EASTON AVE. 1616 5.7'S. 6" 16 EASTON AVE. 1743 5.0'N. 10" 17 GRANT AVE. 1117 4.9'E. 4" 6 1/4"BROKEN 18 GRANT AVE. 1314 2.9'S. 4" 5 1/2"BROKEN 19 GREENBRIER RD. 105 5.6'W. 1 5/8" - 20 GREENBRIER RD. 208 3.7'E. 3 1/4" 21 GREENBRIER RD. 315 3.6'W. 8 3/4" 22 GREENBRIER RD. 421 7.7'E. 8 1/4" _ 40'+/-E.OF E.6TH 23 LAFAYETTE ST. PTR(800 BLK) 16.7'S. 5" 3 3/4" 24 LAFAYETTE ST. 913 6.0'N. 5" 5 1/2"BROKEN 25 LAFAYETTE ST. 1020 2.6'N. 3 3/4" 3 3/4"RPC SPECIAL PROVISIONS CONTRACT 898 Page 5 of 50 26 LAFAYETTE ST. 1117 4.5'S. 4 1/2" 5"BROKEN 27 LYNKAYLEE DR. 804 6.6'W. 4 1/2" 5 1/2" 28 LYNKAYLEE DR. 867 3.5'E. 5 1/2" 6 1/4" 29 MOCKINGBIRD LN. 4125 2.9'E. 5 1/2" 30 MOCKINGBIRD LN. 4151 4.6'W. 5 1/4" 31 MONTROSE RD. 110 5.7'E. 3 1/2" 6" 32 MONTROSE RD. S.OF 130 4.8'W. 4" 6 3/4" 33 STARLIGHT BLVD. 710 2.0'W. 3" 6 1/2" 34 STARLIGHT BLVD. 735 5.4'E. 3" 6"BROKEN 35 WESTERN AVE. 230 6.0'W. 3 1/2" 4 1/2" 36 WESTERN AVE. 311 2.0'E. 4 1/4" 6" NOTE: 1-2"VOID THEN 2-3"SAND ON TOP OF CONCRETE 3. DETECTABLE WARNING SURFACES AND SIDEWALK CONSTRUCTION Detectable warnings shall be placed at all new or reconstructed sidewalk accessibility ramps and placed in accordance with the design plans for that particular style of ramp. All detectable warning surfaces placed shall consist of truncated domes aligned in a - square grid pattern, manufactured in accordance with the current ADA detectable warning regulations, and be installed per the manufacturer's specifications. Detectable warning surfaces shall extend for the full width of the sidewalk ramp, but not including the flare at the curb. The detectable warning surfaces shall be cast iron. Approved Vendors: Cast Iron • MetaDome, LLC — MetaCast • EJ Group, Inc. — Detectable Warning Plates • Neenah Foundry Company Details are included in the plans indicating the estimated limits of sidewalk removal and replacement to meet ADA requirements. All excavation required construct/reconstruct sidewalk ramps and adjacent sidewalk is considered incidental to applicable items. Sidewalk curb sections will be required along sidewalks where the grade between the sidewalk and property line is impractical to grade. The contractor will build the sidewalk and the curb section together, pinning the curb on after the sidewalk is completed will not be allowed. The contractor will install curb on top of the sidewalk, along the length of sidewalk shown in the plans or as directed in the field by the engineer. The sidewalk will taper from nothing to a maximum of eight inches high. SPECIAL PROVISIONS CONTRACT 898 Page 6 of 50 Anything over this height will require a separate retaining wall to be built and paid under a different bid item. Payment per linear foot will be full compensation for all labor, materials and equipment required to construct the curb sectior on the sidewalk. 4. RECYCLED ASPHALT PAVING Recycled asphalt paving is included as a bid item for use at locations indicated on the plans where access is to be maintained prior to paving being completed and open to traffic. Maintenance of the temporary surfacing shall be the Contractor's responsibility. Compensation shall be per ton based on weigh tickets of material used. RAP used for the temporary accesses shall be part of the "CONSTRUCT TEMPORARY ACCESS" bid item and not paid separately per ton. EARTHWORK, SUBGRADE AND SUBBASE 5. EXCAVATION (STREETS) Work under this item shall consist of removal and disposal of existing subgrade to accommodate the proposed paving section, and Modified Subbase. It also includes additional excavation, commonly referred to as Subgrade Repair, which is determined to be necessary based on field conditions and at the direction of the Engineer. This project includes estimated excavation quantities for the placement of six (6), eight (8) or twelve (12) inches of modified subbase as listed in the plans. However, due to the probable variability of the subgrade the City reserves the right to increase or decrease the total thickness of the rock base layer and the corresponding quantity of "Excavation" based on field conditions. A decision will be made in the field by the Engineer regarding total excavation required. Excavation, which is required up to two (2) feet behind the curb, is included in the estimated quantities (C.Y.) in the street quantity breakdown in the plans. Additional volume has been included for intersection returns. Plan quantity will be used for pay quantity unless adjusted from the estimated quantity due to field conditions and the decision of the Engineer. The Contractor's equipment used shall include an appropriately sized track dozer for excavation and grading operations. The City may direct the contractor to stockpile excavated material at a location within the City limits or to take the material to another street currently ender construction. The stockpiled material would be intended for use on various streets within the project, as needed. See table — next page SPECIAL PROVISIONS CONTRACT 898 Page 7 of 50 AVERAGE EXCAVATION THICKNESS ASPH PCC ASPH ALT ALT ASPH ALT PCC ALT ALT PCC ALT PAVING AREA, EXC QTY, AVG T, EXC QTY, AVG T, STREET SY CY IN PROP PAVING T CY IN PROP PAVING T BURTON 1,142.4 233.8 7.4 7.5 198.4 6.3 6,7.5 DOWNING 9,110.8 3,918.2 15.5 9.0 3,673.6 14.5 7 EASTON 6,598.3 3,082.3 16.8 7.5 2,773.8 15.1 6 E.4TH 1,569.1 121.0 2.8 9.0 25.8 0.6 7 GRANT 2,875.6 1,769.3 22.2 7.5 1,642.6 20.6 6 GREENBRIER 4,242.2 1,164.5 9.9 7.5 985.8 8.4 6 LAFAYETTE 7,378.0 3,152.9 15.4 10.5 2,672.5 13.0 8 LYNKALEE 3,531.7 765.4 7.8 7.5 605.9 6.2 6 MOCKINGBIRD 3,349.6 1,509.5 16.2 7.5 1,364.4 14.7 6 MONTROSE 3,321.5 853.2 9.2 7.5 741.1 8.0 6 W.6TH 3,558.1 1,846.2 18.7 7.5 1,678.6 17.0 6 STARLITE 1,534.1 696.8 16.4 7.5 630.8 14.8 6 WESTERN 2,973.0 1,567.6 19.0 7.5 1,418.3 17.2 6 6. SUBGRADE PREPARATION Subgrade preparation may be required as specified in "Standard Specifications for Municipal Public Works Construction, Specifications for Earthwork, IX." Subgrade Preparation shall be used when the existing soil subgrade is of sufficient quality that Excavation for the full thickness of modified subbase (see typical section details in plans) is not necessary. The decision to use Subgrade Preparation shall be made in the field by the Engineer. Subgrade preparation is considered separately for payment and shall be paid for at the rate of$1.00/SY 7. LOAD TEST This specification shall supersede SPECIFICATIONS FOR EARTHWORK X. LOAD TEST in the City of Waterloo Standard Specifications. The excavated subgrade shall be subjected to a wheel load test before placement of drain tile, modified subbase material, setting of forms or any operation that would prevent the test from being performed. SPECIAL PROVISIONS CONTRACT 898 Page 8 of 50 Equipment used for the wheel load test shall be furnished by the Contractor and will be of similar size, loaded weight and load distribution as used to bring in granular material or paving material, whichever is heavier. The expense of such load testing shall be the Contractor's expense. The Engineer may require test sections of varying thickness of modified subbase aggregate or select material be tested before determining the actual depth of subgrade repair required. If the test section fails and additional excavation is required, the removal of the modified subbase aggregate or select material shall be paid for in cubic yards of subgrade repair. The modified subbase aggregate or select material shall be salvaged and reused. When the unstable subgrade has been repaired and shaped to final cross-section and elevation, another wheel load test shall be run. Visual checks will then be made and any additional repairs shall be made by the Contractor, as directed by the Engineer. If rainfall occurs on the subgrade after the load test has been performed, additional load tests shall be performed, at the direction of the Engineer. Whenever possible, transverse saw cuts in PCC paving will be made where repaired subgrade meets natural subgrade. The excavation for subgrade repair shall be tapered at the ends of the excavation so there is not an abrupt change in depth from repaired areas to natural subgrade. In areas where drain tile is used and the subgrade repair does not extend to the drain tile envelope, a lateral connection shall be made from the subgrade repair to the main drain tile. This drain tile connection shall be paid for at the bid unit price for drain tile construction. 8. GEOTEXTILES A geotextile is being considered for possible use in situations requiring subgrade repair. The extent of its use is unknown. An evaluation of subgrade conditions and estimated costs will determine when it is to be used. There were no known locations for use of a geotextile fabric at the time of design, but shall be used as directed in the field by the Engineer. Geotextile used shall be Geotextile Systems by Propex Geotex® 350 ST, TenCate Mirafi® HP370, or approved equal. Payment shall be made on a square-yard basis. Area considered fcr payment shall be based on the area of subgrade covered, at the direction of the Engineer, and shall not include double payment for overlapped areas. 9. MODIFIED SUBBASE Unless adjusted in the field by the Engineer, the thickness of modified subbase shall be placed as shown on the typical cross section with a tolerance of zero feet less than specified thickness and 0.05 feet greater. Modified subbase shall be placed in uniform lifts of not more than 8 inches in thickness. A clean aggregate interface shall be maintained between the subbase material and the porous backfill of all longitudinal or SPECIAL PROVISIONS CONTRACT 898 Page 9 of 50 transverse subdrains. Equipment used shall conform with IDOT Article 2001.05, Paragraphs B, C, D, or F except rollers shall have a minimum compactive effort of 300 pounds per inch (5.25 kg/mm) width. The Modified subbase material shall conform to Section 2115 of the IDOT Standard Specifications (Gradation No. 14 of Section 4109). No crushed concrete or composite pavement shall be allowed. Modified subbase material shall be paid for per ton of material placed. If the Contractor places additional width from that specified in the typical section or additional material than that approved by the Engineer in the field, it shall be deducted from the total tons used at the rate of 140 pounds per cubic foot. All modified subbase shall be compacted with a minimum of six roller passes. While using the modified subbase as a work platform, the Contractor shall keep modified subbase material at the specified minimum thickness and cross section. 10. TOPSOIL PLACEMENT Four (4") inches of topsoil shall be placed at locations disturbed by excavation or grading operations as directed in the field by the Engineer. The Contractor may use existing topsoil to restore the parking area if it is of an acceptable quality. Additional topsoil that is required to complete the work, but is not available on the job, shall be furnished by the Contractor. The topsoil shall be free of deleterious materials such as rocks, bricks, stones, roots, or other debris. The topsoil shall be compacted, shaped and raked to provide a suitable seed bed as directed by the Engineer. All topsoil material must be approved by the Engineer prior to its placement. Measurement of topsoil areas shall be actual area up to three (3) feet from back of curb, except in isolated locations where a street has been narrowed, or locations where needed to provide proper drainage or physical geometry of an intersection has been changed requiring additional topsoil. Other areas requiring topsoil beyond three (3) feet from back of curb shall not be measured for payment. Payment will be made on a square yard basis. 11. CONSTRUCT TEMPORARY ACCESS This bid item shall be on a square yard basis for constructing, maintaining, and removing the temporary accesses. Also included shall be the restoration of the areas disturbed with topsoil, as necessary, and hydroseeded or sodded. The locations for which this bid item applies are as follows: Downing Avenue and Scott Avenue The material used for the driving surface shall be recycled asphalt paving material (RAP), unless otherwise indicated on the plans. SEWERS AND STRUCTURES 12. SANITARY SEWERS AND CONSTRUCTION MATERIALS The Standard Specifications for Municipal Public Works Construction are amended by the following modifications and additions. SPECIAL PROVISIONS CONTRACT 898 Page 10 of 50 2. SPECIFICATIONS FOR CONSTRUCTION MATERIALS SECTION XXVII. SEWER AND MANHOLE MATERIALS Flexible Pipes 18" — 30" Diameter Dual Wall Polypropylene Pipe (PP) 18" to 30" Material Specification Joint Specification Bedding and Installation ASTM F2736 ASTM D3212 AND F477 Class F-3 as stated in (smooth interior, (integral bell/spigot with SUDAS Figure 3010.103 corrugated exterior) elastomeric seals) Pipe Stiftness per ASTM D2412, 46 psi 13. RECONSTRUCT SANITARY SEWER (OR CONSTRUCT NEW SANITARY SEWER) The Contractor shall remove existing sanitary sewer, if applicable, and replace with, or construct, the new sanitary sewer pipe including reconnection of existing sanitary house services and any adjustments or alterations to the water services as they are encountered. Removal of the existing pipe shall be considered incidental to new construction unless otherwise noted. Collar(s) required at any existing to new pipe connections or at manholes shall be incidental to this item. Laser alignment construction methods as approved by the Engineer shall be required. Any adapters, fittings, concrete collars, etc., required for connection of existing house services to the new sanitary sewer, as approved in the field by the Engineer, shall not be measured for separate payment, but shall be considered incidental to applicable items. Where the new service line meets the existing, the Contractor shall install a FERNCO (or equal) coupling and construct a concrete collar. The length of sanitary sewer service pipe replaced, including risers, shall be paid under the sanitary service pipe bid item. The collars are considered incidental to the service pipe. When connecting to existing truss pipe, a truss to truss double bell fitting shall be used. Backfill of the coupling and collar shall not occur until the concrete collar has hardened sufficiently to prevent deformation of the concrete. Provisions shall be made for maintaining sewerage flow in all "upstream" sections of the system by diverting the flow into the new sanitary main. Contractor shall provide bypass pumping unless not required as determined by the engineer. No separate payment shall be made for bypass pumping. The contractor shall take appropriate measures to prohibit ground water, rain water, etc. from entering the pipe. If this does occur and the pipe becomes dirty, the contractor shall be required to clean the pipe at his expense prior to the City televising the line. No separate measurement for payment will be made for said work, and it shall be considered incidental to applicable items. If the City needs to clean the line prior to televising, the contractor will be billed for the same, with payment for pipe withheld until the City is paid. Traffic SPECIAL PROVISIONS CONTRACT 898 Page 11 of 50 control related to bypass pumping shall be considered incidental. The intersections of W. 6th Street/Mitchell Avenue, W. Ridgeway Avenue/Montrose Road, Grant Avenue/W. 9th Street, and Grant Avenue/Hammond Avenue shall not be restricted for traffic for by pass pumping. Should the Engineer determine that the excavated material is not suitable for backfill for the excavation, the material shall be disposed of and replaced with approved backfill material obtained by the Contractor. Payment for the work of disposing of this unsuitable material, obtaining approved backfill material, trucking of the material, placing the material and compacting the material, shall be paid under "SPECIAL SUBGRADE MATERIAL." The Contractor will not be paid for material from a City stockpile or from other streets in this project. Excavated material that has a greater than optimum moisture content, but is otherwise acceptable shall not be considered unsuitable. The Contractor shall either dry out the material to a suitable condition or furnish acceptable material from another source, which shall be paid under "SPECIAL SUBGRADE MATERIAL." The Contractor will not be paid for material from a City stockpile or from other streets in this project. The Contractor constructing the main shall be responsible for locating and marking the locations of existing service lines. Dye testing or tracing may be required to determine service line locations or the existence of shared service lines. Dye testing and tracing, if required, will be paid on a per each basis. Once the location of the service tap to the new sewer main has been established, the connection to the main shall be made. The permanent connection of the sanitary sewer service lines shall be constructed with the sanitary main construction so that the service connections (tap and tee or wye construction) and a minimum of five (5) feet of the service line are constructed as the sanitary main is constructed. The Contractor may reconstruct the entire required length of the service line at the time of main construction. If any existing water services are damaged or broken while performing work under this item, renewal shall be at Contractor's expense. When making the connection to the sanitary main for sanitary sewer service lines, the Contractor shall use pre-manufactured tees/wyes for 8" and 10" mains. For pipe sizes 12" and larger, a saddle manufactured for the pipe may be used at the service location. If rigid main is used, the Contractor shall use manufactured tees or wyes at the service line connection locations. Services to all properties adjacent to and/or served by the sanitary sewer reconstruction, must be verified by the Contractor(s). Upon completion of the sanitary sewer reconstruction, the Contractor shall contact the City Waste Management Department (291-4553) to request televising of the sewer. Any service connections missed shall be reconnected by the contractor with the City paying for only those items originally needed for the installation. The contractor installing the main shall record the location and type of material for each water service that is crossed during construction. SPECIAL PROVISIONS CONTRACT 898 Page 12 of 50 For each new sanitary manhole: Manhole Chimney Seal — Internal Chimney Seal shall comply with: SUDAS DIVISION 6, SECTION 6010 2.11 2. Internal Chimney Seal; SW-306 —Two Piece Casting. SUDAS SECTION 3010 —Trench Excavation and Backfill shall apply. 14. REMOVE AND REPLACE SANITARY SEWER This item shall apply to locations in the project where "spot repairs" are required. These locations require using pipe, which has the same inside diameter as the existing and the flowlines of new and old pipe match, unless otherwise approved by the Engineer. The Contractor shall remove existing sanitary sewer and replace with new sanitary sewer pipe including reconnection of existing sanitary house services and any adjustments or alterations to the water services as they are encountered. Collar(s) required at any existing to new pipe connections or at manholes shall be incidental to this item. The Contractor shall remove and replace that portion of the existing house services as they are encountered by the limits of excavation, as shown on the plans and as directed in the field by the Engineer. If any existing water services are damaged or broken while performing work under this item, renewal shall be at Contractor's expense. Any adapters, fittings, concrete collars, etc., required for connectior of existing house services to the new sanitary sewer, as approved in the field by the Engineer, shall not be measured for separate payment, but shall be considered incidental to applicable items. Where the new service line meets the existing, the Contractor shall install a FERNCO (or equal) coupling and construct a concrete collar. The length of sanitary sewer service pipe replaced shall be paid under the sanitary service pipe bid item. The collars are considered incidental to the service pipe. Backfill of the coupling and collar shall not occur until the concrete collar has hardened sufficiently to prevent deformation of the concrete. Provisions shall be made for maintaining sewerage flow in all "upstream" sections of the system by diverting the flow into the new sanitary main. No separate measurement for payment will be made for said work and it shall be considered incidental to applicable items. Should the Engineer determine that the excavated material is not suitable for backfill of the excavation, the material shall be disposed of and replaced with approved backfill material obtained by the Contractor. Payment for the work of disposing of this unsuitable material, obtaining approved backfill material, trucking of the material, placing the material and compacting of the material, shall be paid under "SPECIAL SUBGRADE MATERIAL". The Contractor will not be paid for material from a City stockpile or from other streets in this project. SPECIAL PROVISIONS CONTRACT 898 Page 13 of 50 Excavated material that has a greater than optimum moisture content, but is otherwise acceptable shall not be considered unsuitable. The Contractor shall either dry out the material to a suitable condition or furnish acceptable material from another source, which shall be paid under "SPECIAL SUBGRADE MATERIAL". The Contractor will not be paid for material from a City stockpile or from other streets in this project. Services to all properties adjacent to and/or served by the sanitary sewer reconstruction, must be verified by the Contractor(s). Upon completion of the sanitary sewer reconstruction, the Contractor shall contact the City Waste Management Department (291-4553) to request televising of the sewer. Any service connections missed shall be reconnected by the contractor with the City paying for only those items originally needed for the installation. SUDAS SECTION 3010 —Trench Excavation and Backfill shall apply. 15. COLLAR EXISTING SANITARY SEWER Work to be completed under this bid item "Collar Existing Sanitary Sewer," shall consist of excavating the sewer line in the vicinity of the defect and constructing a standard concrete collar centered on the location determined by the field television inspection reports. Concrete used in repair shall be Class "M" with 2 percent (2%) calcium. Realignment of two pipe lengths of the existing sanitary sewer in the vicinity of the repair shall be considered incidental to this item. If, after the defected area is exposed, it is determined that removal and replacement is necessary instead of a collar, the removal and replacement will be paid for under the respective bid item, as directed by the Engineer. A minimum of four (4) hours after the concrete collar has been completed, the excavation may be back filled and compacted to a minimum of 95 percent (95%) of Standard Proctor Density. Any excess material resulting from the excavation shall be disposed of by the Contractor as directed in the field by the Engineer. The work of disposing of said material shall be considered incidental to applicable items. All work described above shall be measured for payment on a per each basis and shall be considered as full compensation for completion of said work. The length of each collar is either shown on the plans or otherwise considered to be the standard shown in details. Should the Engineer determine that the excavated material is not suitable for backfill of the excavation, the material shall be disposed of and replaced with approved backfill material obtained by the Contractor. Payment for the work of disposing of the unsuitable material, obtaining approved backfill material, trucking of the material, placing the material and compacting of the material, shall be paid under "SPECIAL SUBGRADE MATERIAL" in addition to bid item "COLLAR EXISTING SANITARY SEWER". Excavated material that has a greater than optimum moisture content, but is otherwise acceptable shall not be considered unsuitable. The Contractor shall either dry out the material to a suitable condition or furnish acceptable material from another source, which shall be paid under "SPECIAL SUBGRADE MATERIAL". SPECIAL PROVISIONS CONTRACT 898 Page 14 of 50 16. REMOVAL OF EXISTING SANITARY SEWER There are some locations where an existing sanitary sewer line may not be reconstructed depending on whether or not the line has active services connected to it. These lines are typically dead-end lines without existing manholes. At the locations indicated on the plans, the Contractor will remove the existing sanitary sewer. If active services are found, the line will be reconstructed and paid for under the appropriate size of pipe to be reconstructed. If no active services are found, the Contractor will remove the existing line and backfill the trench with appropriate compaction. When this is the case, the Contractor will be paid under the bid item "REMOVE EXISTING SANITARY SEWER." When existing pipe being removed is within three (3) feet horizcntally of the new sanitary main being constructed, separate payment for removal of existing sanitary sewer will not be made, unless otherwise noted on the plans 17. REMOVAL OF EXISTING STORM SEWER, LESS THAN 36" DIAMETER There are some locations where existing mainline storm sewer is to be removed. This item does not include inlet runs. Payment will be made at the unit price per lineal foot and includes, but is not limited to, removal, disposal and capping of pipe, if necessary. 18. SPECIAL SUBGRADE MATERIAL, IF REQUIRED This item applies to material that pertains to sewer trenches only (u p to the elevation of the bottom of the excavation for granular base). A. DRYING EXISTING MATERIAL At the City's option, work under this item shall include spread ng and drying out existing material that is not unsuitable, but has a greater than acceptable moisture content. After drying to an acceptable condition, the material shall be placed and compacted to 95 percent (95%) of standard proctor density. Payment for this work shall be on a cubic yard basis and shall be negotiated between the Contractor and the City. B. REMOVAL AND REPLACEMENT At the City's option, the backfill material that has a greater than acceptable moisture content can be removed and disposed of at a location approved by the City, and then replaced with acceptable material from an approved source. The payment for "SPECIAL SUBGRADE MATERIAL" shall be in two items: 1) Hauling To and From the Site and 2) Material. Hauling shall be on a per ton basis at the rate of$10.00/ton or agreed upon rate SPECIAL PROVISIONS CONTRACT 898 Page 15 of 50 per load. Material shall also be on a per ton basis or per load rate to be negotiated with the City. The material used shall be approved by the City for each location where this item is to be used. Acceptable material from streets in this project, when directed by the Engineer, may be used on other streets in this project. No additional compensation will be made for hauling or material if this is the case. Hauling would be paid if the contractor is directed to haul material from a City stockpile. If unsuitable material is found in the trench, the "REMOVAL AND REPLACEMENT" option shall be used. 19. REMOVE EXISTING STRUCTURE Work under this item shall consist of the removal and disposal of existing manholes, inlets, inlet runs, etc., at locations shown on the plans and/or as directed in the field by the Engineer. This item will also include backfilling the hole left by the removed structure (when applicable). Backfill material shall be incidental and shall be approved by the Engineer. Compaction shall be according to the requirement of "MECHANICALLY COMPACTED BACKFILL." Old castings that are not to be reused shall be delivered to the City Waste Management Yard. The Contractor shall be responsible for protecting existing castings from theft or damage whether to be reused in this project or to be delivered to the City Waste Management Yard. If theft or damage of castings should occur, the castings shall be replaced at Contractor expense. 20. TAP AND COLLAR STRUCTURE This work shall include the tapping of new sewer main pipe into existing manholes, inlets, box culverts, or pipes including plugging existing pipes or openings, the concrete collar and fillet modification as necessary, and as directed in the field by the Engineer. Payment for this work shall be on a per each basis under "TAP AND COLLAR STRUCTURE". 21. PLUGGING ABANDONED PIPES/UTILITIES If existing abandoned pipes or utilities are found during excavation, capping of these pipes or utilities shall be considered incidental to applicable items, unless otherwise approved by the Engineer. 22. FURNISH AND INSTALL MANHOLE CASTING (RING AND COVER) Broken manhole frame and cover castings shall be transported to location(s) designated by the Engineer. Replacement manhole frame and covers shall be Neenah R-1642 or approved equal and shall be installed and grouted as directed in the field by the Engineer. Only those broken castings authorized by the Engineer shall be replaced per bid item "FURNISH AND INSTALL MANHOLE CASTING." Castings broken due to the negligence of the Contractor shall be replaced by the Contractor at the Contractor's expense. SPECIAL PROVISIONS CONTRACT 898 Page 16 of 50 23. UNDERGROUND INVESTIGATION - SANITARY The work under this item shall consist of excavating at locations shown on the plans or as directed in the field by the Engineer. The pipe being investigated may be exposed a maximum of 12 feet for each underground investigation made. After completing the investigation, the excavation shall be backfilled with compaction as directed in the field by the Engineer. All necessary work and equipment furnished to complete the underground investigation will be considered for payment on a "per each" basis for designated locations under Bid Item "UNDERGROUND INVESTIGATION - SANITARY". Underground investigations, which result in corrective measures to repair a problem, will be paid for under the respective bid item only. Pavement removal shall be paid for under the respective bid item. The locations that have been selected for underground investigations are indicated on the plans, or may be selected by the Engineer. Underground investigations for sanitary sewer services shall not be done until after the main has been removed/replaced to determine if an underground investigation is necessary. 24. DYE TEST FOR SANITARY SERVICE LOCATIONS As the sanitary sewer main is reconstructed and the Contractors are locating the existing sanitary services, it may be necessary for the Contractor to dye test in order to determine active services or which service serves a particular property. Generally, this will involve the Contractor going into the house and flushing the toilet after adding dye. When this is necessary, the Contractor shall be paid for each dye test completed at the unit bid price. 25. TRACE SANITARY SEWER SERVICE This bid item shall consist of the Contractor tracing the existing sewer line from inside the house to the sewer main with a reliable locating system. The Contractor shall be required to provide markings on the ground outside the house to show the current location of the service. Payment for this bid item shall be on a per each basis and shall include tracing the existing sewer service and marking the location. 26. STORM SEWER INLETS AND MANHOLES Unit bid prices for inlets and manholes shall include excavation, furnishing all labor and materials, backfilling and all other work necessary to complete the structure as detailed on the plans or in the specifications. The Contractor shall be responsible for replacement and for the cost of any casting, which is damaged due to his operations or handling. Contractor shall install the subdrain outlets (as per detail in plans)/rodent guards for drain tile connections to inlets (as necessary) and install perimeter rock as shown on inlet detail. Each rodent guard shall be a complete assembly as shown on the detail. Modified guards are not acceptable. Each complete rodent guard assembly shall be placed and poured into the intake walls at the time of the inlet SPECIAL PROVISIONS CONTRACT 898 Page 17 of 50 construction and not collared in at a later time. The subdrain outlet/rodent guards shall be paid on a per each basis. Contractor shall also construct a P.C.C. boxout/special shaping at each inlet, which are considered incidental to the inlet bid price. Inlets may be backfilled four days after being poured with C-4 mix and after two (2) days with M-4 mix. The forms may be removed after 12 hours. An estimated length of pipe from existing structures has been included in the estimated quantities for payment when reconstructing an existing inlet or manhole. If the Contractors are able to use the existing pipe, no additional payment for pipe will be made. Boxouts shall be left 1/2" ± 1/4" lower than adjacent paving. Except for the porous backfill at the lower 12", the backfill placed shall be Granular Subbase. If the contractor constructs inlets prior to street closure and pavement removal, the location of the inlet(s) shall be located in the field by construction staking based on the information in the project plans. 27. REMOVE AND REPLACE BOXOUTS: El-C INLET; E-2-C INLET; E-3-C INLET; RA INSERTS AND TOPS These bid items involve removing and replacing concrete boxouts, inserts or tops around castings of inlet structures. The Contractor shall remove the existing boxout and casting from the structure, remove the concrete from the casting, reset the casting to the proper elevation according to the standard detail included in the plans. Any damages to the casting or structure caused by the Contractor's operations will be the Contractor's responsibility. The Contractor shall be responsible for protecting existing castings from theft or damage whether to be reused in this project or to be delivered to the City Waste Management Yard. If theft or damage of castings should occur, the castings shall be replaced at Contractor expense. 28. MAJOR MANHOLE ADJUSTMENT When adjustment is greater than what can be accomplished through adding or removing adjustment rings or adjustment bricks, a major adjustment is required. The work involved includes: 1. Removal of the casing, adjustment rings, existing cone or barrel section, and or enough layers of bricks to accommodate a flat top. 2. Placement of a flat top with sealant (mortar or approved equal) between existing manhole wall and flat top, spacer ring(s), and casting. The boxout paving is considered incidental. Payment shall be per each location and include all materials, labor, etc. to complete the work. 29. ROCK EXCAVATION It is unknown if rock excavation will be required on this project. If encountered, rock excavation will be paid by the cubic yard for the actual measured volume of granite, — SPECIAL PROVISIONS CONTRACT 898 Page 18 of 50 trap, quartzite, chert, limestone, sandstone, hard shale, or slate in natural ledges or displaced masses. It shall also include the estimated or measured volume of rock fragments or boulders which occur on the surface or in subsurface deposits mixed with earth, sand, or gravel when their size, number, or location prevents them from being handled in a manner normal to excavation. Rock excavation will only be paid for material extracted by means other than an excavator or backhoe, i.e. by use of blasting, jackhammer, etc. A unit price per cubic yard of rock excavation will be negotiated with the contractor if rock excavation is encountered. SUBDRAINAGE 30. SUBDRAINS SUDAS Division 4, Section 4040 applies with following revisions: City of Waterloo "Standard Specifications for Municipal Public Wo'ks Construction" General Specifications for Construction shall be used in lieu of "General Provisions & Covenants" Division I. A. Use Type 1 Subdrains for 4" and 6"; if HDPE, use Type S. For "Drain Tile, 4" Stub" use 2.01 Footing Drain Collectors (solid wall pipe). B. DRAIN TILE TAP AND COLLAR This work shall include the tapping of new drain tile pipe into existing manholes, inlets or pipe, including the concrete collar and fillet modification as necessary and directed in the field by the Engineer. If an existing tap is found, connection to this tap will be considered incidental. A subdrain outlet shall be constructed. All payments for above said work shall be made under Bid Items "DRAIN TILE TAP AND COLLAR" and "SUBDRAIN OUTLET." WATER SERVICES 31. WATER SERVICE CORPORATIONS, CURB BOXES AND PAVE BOXES; PIPE AND WATER SERVICE TAPS Measurement and payment for furnishing and installing 3/4", 1", 1-1/2", OR 2" copper water pipe shall be per lineal foot of approved material installed and shall include all material and labor necessary, including trench excavation and backfilling with compaction. Copper pipe shall be paid per lineal foot. The water service pave boxes, curb stops and corporations shall be installed and paid on a per each basis as determined by field conditions. For example, field conditions may require that an existing 5/8" corporation be removed and a new 5/8" x 3/4" corporation adaptor be installed at the existing tap location. If an existing corporation, curb stop or pave box is determined to be in reliable operational condition and can be reused, no payment will be made for these items. SPECIAL PROVISIONS CONTRACT 898 Page 19 of 50 At locations where a new tap is required, it shall be coordinated with the Waterloo Water Works. New taps shall be paid on a per each basis. Existing and new pave boxes at or near the property line shall be adjusted to grade by the Contractor as required. All such work shall be considered incidental to applicable items. Water Service Line Standard Design The standard design criteria for a water service line requires that each water service line is furnished with a curb stop controlling the water supply to the consumer, placed at the outside edge of the sidewalk, or lacking plans for sidewalk placed six inches (6") outside the property line. The curb stop shall be of the type known as the inverted key and shall be equipped with a curb box (pave box) and stainless steel rod. The standard design criteria also requires that a water service line shall be extended perpendicular to the water main and the property line. The corporation, curb stop and curb box materials shall be listed below, or approved equal. All curb boxes (pave boxes) shall have stainless steel rods. Corporation Valves: Mueller H-15008 or H-15013, or approved equal. Curb Stop Valves: Mueller B-25209, or approved equal. Cur Box (Pave Box), with Stainless Steel Rod: Mueller H-10386, or approved equal. Corporation Adaptors: Mueller H-15071, or approved equal. 32. INSULATED WATER SERVICES Water service renewals may need to be insulated if they are found to be in close proximity to, or in conflict with, sewer pipes or box culverts. There shall be a minimum of 12" clearance between the bottom of the sewer and the insulation around the service pipe. The insulated area shall be minimum of eight (8) feet long, centered on the sewer pipe or extend a minimum of four (4) feet beyond the edge of another structure, such as a box culvert. Insulation shall be at least two (2") inches thick from outside of water service pipe. Insulating material used shall be Armaflex, wall foam glass, or equal, with roofing jacket covering secured with nylon wire ties or copper wire. The ends shall be formed to the pipe and sealed with an approved asphalt material or approved equal by the Engineer and City Plumbing Inspector. This shall be paid under bid item, "WATER SERVICE PIPE, 3/4" COPPER, INSULATED" on a per each basis for the insulated area. 33. WATER SERVICE KILL The work involved in this item is for the Contractor to locate the water service connections at the addresses or locations indicated on the plans, and to remove the existing water service line and curb box and stop, if necessary, and install a plug at the tap location where the corporation is located. This item shall include all work necessary to perform this work including excavation and backfilling operations. If the water service is found to have already been killed (plugged), the Contractor shall be SPECIAL PROVISIONS CONTRACT 898 Page 20 of 50 paid for an Underground Investigation. If more than one kill is done per excavation, only one water service kill will be paid. This bid item shall be paid on a per each basis. When a water service kill can be made as part of another water service excavation, i.e. as part of a new or renew water service installation, no separate payment shall be made for the kill. 34. LOWER WATER SERVICE, 3/4" — 1" The "Lower Water Service" bid item will be used when a new storm sewer pipe or system being constructed is in conflict with an existing copper water service. The existing copper service line will be cut at locations on both sides of the storm sewer, new copper pipe installed under the storm sewer or box culvert with a minimum of 12-inch clearance and the new and existing copper service line connected with an appropriate compression fitting. A maximum of ten (10) feet of new copper is considered part of this item. If more length of new copper service pipe is required, the additional length will be paid under the "Copper Water Service" bid item. All work involved including excavation, backfill, materials, labor, etc. are considered incidental to this item. 35. CONVERTING WATER MANHOLE STRUCTURES TO ROAD BOXES In cases where an existing water manhole is deteriorated or in horizontal alignment conflict with a proposed curb or pipe, the existing water manhole structure may be removed and a water road box placed on the valve. The Waterloo Water Works shall be contacted to assist in determining the feasibility of the conversion. If determined to be converted to a water road box, the Waterloo Water Works will supply the road box materials to the contractor at no charge to the contractor. These materials will be available at the Water Works shop. All work involved in removing and disposing of the existing structure, delivering the manhole casting to the Water Works, the installation of and the backfill around the valve shall be included in the unit bid price for each conversion. 36. UNDERGROUND INVESTIGATION - WATER The work under this item shall consist of excavating at locations shown on the plans or as directed in the field by the Engineer. The pipe being investigated may be exposed a maximum of 12 feet of water main for each underground investigation made. After completing the investigation, the excavation shall be backfilled with compaction as directed in the field by the Engineer. All necessary work and equipment furnished to complete the underground investigation will be considered for payment on a "per each" basis for designated locations under Bid Item "UNDERGROUND INVESTIGATION - WATER". Underground investigations, which result in corrective measures to repair a problem, will be paid for under the respective bid item only. Pavement removal shall be paid for under the respective bid item. The locations that have been selected for underground investigations are indicated on the plans, or may be selected by the Engineer. SPECIAL PROVISIONS CONTRACT 898 Page 21 of 50 CONSTRUCTION SEQUENCING AND STAGING 37. ORDER OF CONSTRUCTION A. RECONSTRUCTION For both Alternates A and B, the following order of construction shall be followed: A. Coordinate water main and gas main reconstruction requirements in contractor's schedule. B. Placement of Informational Signs, informing public of pending construction; to be placed six (6) calendar days in advance of street closing. C. Notification of adjoining property owners 36 hours in advance for residences and 10 days for businesses. D. Install inlet protection and maintain throughout project as specified. E. Reconstruct water main and gas main before pavement removal, if possible. F. Pavement removal. G. All other underground construction except longitudinal drain tile, unless longitudinal not required on the street. H. Subgrade removal and excavation for modified base. *I. Subgrade preparation and load test. *J. If load test fails, areas of subgrade repair shall be determined by the Engineer. The subgrade repair excavation shall then be done. K. Installation of longitudinal drain tile, if required. L. Installation of subgrade repair aggregate or select material, if required. M. Placement of modified subbase. N. Paving. * NOTE: Steps I & J may be eliminated if subgrade repair excavation is determined to be necessary prior to I. Alternate A: 1. Construct curb and gutter and saw joints; clean and seal joints. 2. linseed oil if required. 3. Backfill curb and gutter after acceptable beam break and seven (7) calendar days from the completion of the curb and gutter construction or after attaining opening strength based on maturity method. **4. Place base and intermediate courses. **5. Construct all driveways and sidewalks along street or phase, whether a part of City contract or privately contracted. 6. Place surface course. 7. Fine grade backfill. 8. Final cleaning. 9. Pavement markings, if applicable. 10. Place signs indicating construction with local option dollars used for street construction. ** Order is interchangeable. SPECIAL PROVISIONS CONTRACT 898 Page 22 of 50 Alternate B: 1. Construct paving; linseed application with cure, if required. 2. Clean and fill joints. ***3. Backfill after acceptable beam break and seven (7) calendar days from the completion of the pour or after attaining opening strength based on maturity method. ***4. Construct boxouts, driveways and sidewalks. 5. Cleanup. 6. Pavement markings, if applicable. 7. Place signs indicating local option dollars used for street construction. *** May be ongoing at same time. NOTE: After construction is started on any street or stage/phase thereof, meaningful progressive work shall continue each working day that is not affected by adverse weather conditions or concrete curing requirements. Liquidated Damages in the amount of $500.00 per day shall be assessed for noncompliance with this requirement. 38. ACCESS TO PROPERTIES The intent of construction staging is to maintain access to bus nesses, schools, churches, apartments, etc. Other staging proposals submitted by he Contractor will be considered as long as adequate access is maintained. The Contractor shall make every effort to minimize the amount of time that access to private properties and driveways is blocked. To allow businesses the opportunity to arrange alternate directional signing for customers, the Contractor shall inform businesses ten (10) days in advance of the anticipated street closing In cases where residential ingress-egress is limited by the Contractor's operations, he shall give the property owner involved at least 36 hours notice. The contractor shall provide the Engineer with a copy of the notice (see order of construction) mailed or delivered, the date of mailing or delivery, and a list of addresses, properties, or persons contacted. Those streets with staging indicated on the plans shall be constructed so that not more than one stage is closed at a time (unless otherwise noted). The stage closed for construction shall be completed prior to the subsequent stage being closed. The staging for this project shall be as follows: BURTON AVENUE • Construction shall not begin until after Labor Day (September 5, 2016). SPECIAL PROVISIONS CONTRACT 898 Page 23 of 50 DOWNING AVENUE • Stage 4 shall be completed between June 13, 2016, and August 19, 2016, (during the school summer break). • The following stages may be under construction at the same time: Stages 1 and 3, or Stages 1 and 4 or Stages 2 and 4. EASTON AVENUE • Stage 1 shall be completed between June 13, 2016, and August 19, 2016, (during the school summer break). • Stage 2 and the 1800 block (F.Y. 2015 Street Reconstruction Program) shall not be closed at the same time. E. 4TH STREET • Construction shall not begin until after Labor Day (September 5, 2016). LAFAYETTE STREET • Stage 1 shall be completed in 4 weeks. Stages 1 and 2 may be closed at the same time. MOCKINGBIRD LANE • The intersections of Hummingbird Circle shall not be closed at the same time. The intersections may be sub staged parts of Stages 1 or 3. • Stages 1 and 3 shall not be closed at the same time. W. 6th STREET • Stages 1 and 3 shall not be closed at the same time. On streets with two or more stages, adjacent stages shall not be closed at the same time unless otherwise noted. Staging for the construction of the surface course of the asphalt alternate may not be required if approved by the Engineer. PAYMENT, LIQUIDATED DAMAGES AND PENALTIES 39. PAYMENT FOR PAVING ITEMS This paragraph shall apply to the unit prices for paving related items and restrict full payment of the unit bid prices until a street or phase is completed and opened to traffic or surface restored. By providing a breakdown of the unit price, the intent is to encourage the Contractor to promptly complete the paving. The breakdown of the unit price does not give the Contractor the choice of eliminating a portion of the work under this unit price or delay his schedule for reason of obtaining payment based on a certain percentage of his preference. Payment shall be made on a breakdown of the unit bid price basis by withholding a portion of the unit bid price based on work completed or by apportioning the quantity of completed work in accordance with the following schedule: SPECIAL PROVISIONS CONTRACT 898 Page 24 of 50 Payment as % of Contract Work Performed Unit Price for Paving Items A. All items of work related to paving, except for those items identified in "B" which follows. 80% B. Fine grading of backfill, resetting mail boxes, boxouts, final cleanup and linseed oil surface treatment. 20% When all work is completed, payment shall be made on 100 percent (100%) of the unit bid price for paving related items. Topsoil is paid as a separate bid item and will be paid when completed. 40. PAYMENT FOR SEWER PIPE AND DRAIN TILE This paragraph shall apply to the unit prices of sanitary and storm sewer pipe and drain tile and appurtenances and restrict full payment of the unit bid price until street is completed and opened to traffic or surface is restored. By providing a breakdown on the unit price, the intent is to encourage the Contractor to promptly restore the trenches. The breakdown of the unit price does not give the Contractor the choice of eliminating a portion of the work under this unit price or delaying his schedule for reason of obtaining payment based on a certain percentage of his preference. Contract for Sanitary or Storm Work Performed Payment as % of Sewer & Drain Tile and Pavement Removal Unit Price A. Trench excavation, including removal 40% and stockpiling of crushed rock and/ or topsoil from existing street, removal of surfacing, laying of pipe, dewatering, pumping, and other work as described under sanitary or storm sewer pipe and drain tile and required for the laying of pipe, and placing two (2) feet of backfill above the top of pipe. B. Backfill of trench and compaction with 25% moisture and density control of pipe and appurtenances. If such compaction with moisture and density control is not required, 65% of the unit bid price will be paid when backfill is complete. SPECIAL PROVISIONS CONTRACT 898 Page 25 of 50 C. Shaping of street surface ready to receive 35% paving or surfacing or natural grade including relaying of topsoil (where street surfacing will not be required) and all other work as further described in this paragraph. When all work is completed, payment shall be made on 100% of the unit bid price for sanitary, storm sewer pipe and drain tile. Removal of existing pipe shall be considered incidental to the construction of new pipe. 41. TRAFFIC CONTROL The Engineer, or authorized representative, shall periodically review traffic control that has been put in place by the Contractor. If traffic control devices are found to be without proper maintenance, penalties shall be assessed. Improper maintenance shall include, but not be limited to, the following situations: A. Less than 100 percent of lights in working order. B. Any barricade or sign moved or tipped over. C. Fencing not supported in a vertical position. D. Fencing not placed around excavations when workers/equipment are not working at the location. E. Lack of proper barricades or signage. Each incident is treated as a separate citation on an individual basis. It is not intended that minor deficiencies be price adjusted if corrected the day notification is given. In addition to a price adjustment, the Engineer may suspend work for irresponsible and/or repeated failure to construct the project using proper traffic control procedures. Penalties: 1st Offense Written warning given by City. 2nd Offense $ 100 3rd Offense $ 250 4th Offense $ 500 5th Offense $1,000 6th Offense Engineer's discretion (amount or more equal or greater than $1,000) 42. LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the specified contract period, plus authorized extensions, the Contractor shall pay to the City Liquidated Damages in the amount of $500.00 per day, for each day, as further described herein, in excess of the authorized time. SPECIAL PROVISIONS CONTRACT 898 Page 26 of 50 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 riot chargeable for Liquidated Damages will include rain days, Sundays if no work Is done, and legal holidays. Working days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work, the Contractor shall submit to the Engineer in writing a request that working days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering and contract administration. MISCELLANEOUS 43. CONCRETE CLEAN-UP AND WASHOUT Runoff from concrete cleanup is a caustic pollutant that can harm wildlife and vegetation. DO NOT clean tools, equipment, and concrete trucks irto or allow wastes to enter into the streets, ditches, storm drains or waterways. In Waterloo, failure to follow proper concrete clean-up procedures is a violation of the City's Code of Ordinances and is considered a municipal infraction, punishable by fines. The current City of Waterloo schedule of fines is: 1st offense $200 fine and court costs 2nd offense $500 fine and court costs 3rd and subsequent offense $750 fine and court costs All concrete wastes shall be deposited into pre-approved waste receptacles. Waste receptacles may be installed on select City properties to provide a central location and minimize costs. The locations selected to host the waste receptacles shall be approved by the City Engineer prior to installation. Upon completion of construction, the location of the waste receptacles shall be returned to pre-construction condition. Earthen pits are not an acceptable waste receptacle. SPECIAL PROVISIONS CONTRACT 898 Page 27 of 50 44. CONSTRUCTION SURVEY A. General Requirements The Contractor shall furnish the engineering surveys necessary for construction of all contract items as intended by the project plans and approved plan revisions. The original stakes set by the Contractor shall be preserved. If in the opinion of the Engineer any of the original survey stakes or marks have been carelessly or willfully destroyed or disturbed by the Contractor, the cost of replacing shall be charged to the Contractor. Construction survey shall include qualified personnel, equipment and supplies required for the following items of survey work, with related classes of construction work: 1. Pavements (PCC & ACC) a. Elevations on both sides at each even 25 ft. station interval or less as indicated by intermediate stations on plans. b. Alignment (tack line) on two sides. 2. Sanitary and Storm Sewers a. Centerline. b. Flow line elevation. 3. Intakes and Manholes a. Location. b. Elevation of top, base and flow lines of pipes. c. Back of curb (Intakes) or centerline (Manholes). 4. Sidewalk common square location only. Elevations to be verified in field by contractor. Flats shall be placed at each hub with the station, offset and cut or fill written on the flat. Copies of the "cut sheets" shall be given to the Engineer and contractor as soon as possible after the staking has been completed for the particular work. These can be provided to the Engineer by email or legible fax. Survey work and recording of data in permanently bound survey books should be reasonably in accord with instructions in the IDOT Inspector's Handbook to be supplied by Contractor. Survey work shall be done with a registered Professional Engineer or a registered Land Surveyor in responsible charge, in accord with provisions of Chapter 114, Code of Iowa. The Contractor shall submit a resume identifying the field survey personnel and their capabilities to perform the intended requirements. SPECIAL PROVISIONS CONTRACT 898 Page 28 of 50 The method of determining alignments and elevations and the method of preserving control points shall be subject to review and approval by the Engineer, but this approval shall not act to relieve the Contractor of the responsibility for the correctness thereof. The Engineer will provide benchmark elevations. Control points and reference points and property pins are not presently tied down in the field. Centerlines of streets were established by splitting the backs of curbs or finding property pins and establishing centerline. All permanently bound survey books and data are to become property of the City of Waterloo. The work of this specification will be considered finished when the completed books and data are furnished to the Engineer and accepted by him. B. Payment Construction survey will be paid for at the lump-sum contract price, which includes all labor, equipment and supplies required to do this work. If additional work is necessary, due to approved changes, it shall be on a per-hour basis, and approved by the Engineer. The Contractor shall submit the per-hour rate with the Form of Bid or Proposal. The Engineer may make partial payments based on his estimate of the survey work completed. Final payment will be made at the time the permanently bound survey books are submitted to and accepted by the Engineer. C. Extra Staking For any extra or additional staking, including restaking, the City Inspector and the Contractor responsible for the staking shall be notified of the following information the same day the staking is done: 1. The reason for the staking. 2. The party responsible for the expense of the staking. 3. The estimated or actual number of hours and personnel to be charged. 45. HAUL ROUTES Haul routes to and from the project site shall be submitted for review by the Engineer. In general, the Contractor shall request haul routes over the main streets in the area, staying on streets within the project as much as possible and should not include truck- embargoed streets. 46. WATER ON GRADE After paving has been removed on a street, and during the course of the project, the prime contractor shall be responsible to pump out any water that has accumulated on the grade at intersections or other low spots. This shall be completed within twenty- four (24) hours of the source (rain, main break, etc.) of water being terminated. This work shall be considered incidental to applicable items. SPECIAL PROVISIONS CONTRACT 898 Page 29 of 50 47. ARTIFICIAL LIGHTING No artificial lighting will be allowed during construction of this project. 48. WIDENING OF EXISTING DRIVEWAYS The Contractor will be paid for replacing existing driveways at their existing widths. If any property owner desires to widen a driveway, it shall first be approved by the Engineer. The property owner shall be responsible to make arrangements privately with his own contractor for payment of driveway widening approved by the Engineer. The City will not pay for the widening of any driveway, except at specific locations as directed by the Engineer. 49. ROCK DRIVEWAYS Existing rock in existing driveways shall be salvaged for reuse where possible. Drive area disturbed by excavation work shall be rocked to a depth of six (6") inches. After placement of existing rock and/or new rock, the drive area shall be compacted as approved in the field by the Engineer. 50. QUANTITY ADJUSTMENTS The following Bid Items are exempted from consideration under the provisions of Section B. "Scope of Work," Paragraph 7 of the "General Specifications for Construction" concerning the variance of the "As-Built" quantity of the listed item by more than twenty (20%) percent from the estimated quantity specified in the contract: BID TOTAL ITEM DESCRIPTION UNIT QTY DIVISION I BASE BID -SECTION I CONSTRUCT, MAINTAIN, REMOVE TEMPORARY 1 ACCESS & RESTORE SY 25.0 2 MISC. CURB AND GUTTER, PCC, 6", C-4 LF 43.0 3 REMOVE AND REPLACE MISC. HMA, 3" SY 13.3 4 REMOVE AND REPLACE MISC. HMA. 6" SY 29.2 5 REMOVE AND REPLACE MISC. HMA, 7.5" SY 16.0 6 REMOVE AND REPLACE MISC. HMA, 10.5" SY 66.8 7 REMOVE AND REPLACE 3" HMA/6" PCC, M-4 SY 67.0 8 REMOVE AND REPLACE 4" HMA/9" PCC, M-4 SY 61.1 9 REMOVE/REPLACE MISC. SEALCOAT W/2" HMA SY 26.3 10 HMA DRIVEWAY APPROACH TON 27.0 18 SIDEWALK CURB SECTION LF 49.0 24 WOVEN GEOTEXTILE SY 30,355.0 25 MODIFIED SUBBASE TON 33,163.9 26 RECYLED ASPHALT PAVING TON 4.5 27 ROADSTONE, 3/4" TON 95.2 CONVERT WATER VALVE MANHOLE TO 33 ROADBOX EACH 6.0 34 WATER SERVICE CORPORATION, 3/4" EACH 38.0 35 WATER SERVICE CURB STOP, 3/4" EACH 38.0 36 WATER SERVICE PAVE BOX, 3/4" EACH 38.0 38 WATER SERVICE CORPORATION, 1" EACH 2.0 SPECIAL PROVISIONS CONTRACT 898 Page 30 of 50 39 WATER SERVICE CURB STOP, 1" EACH 2.0 40 WATER SERVICE PAVE BOX, 1" EACH 2.0 41 COPPER WATER SERVICE, 1" LF 65.0 42 WATER SERVICE CORPORATION, 2" EACH 1.0 43 WATER SERVICE CURB STOP, 2" EACH 1.0 44 WATER SERVICE PAVE BOX, 2" EACH 1.0 45 COPPER WATER SERVICE, 2" LF 15.0 47 WATER SERVICE TAP, 2" EACH 1.0 48 LOWER WATER SERVICE, 3/4" OR 1" EACH 2.0 49 UNDERGROUND INVESTIGATION-WATER EACH 18.0 51 HYDROSEED SY 10,390.9 54 FILL SAND FOR VAULT TON 564.0 DIVISION I BASE BID - SECTION II 70 MAJOR MANHOLE ADJUSTMENT EACH 1.0 79 INSULATE EXISTING COPPER WATER SERVICE EACH 0.0 FURNISH AND INSTALL MANHOLE RING AND 80 COVER EACH 0.0 81 STORM WATER PROTECTION FOR STRUCTURES EACH 94.0 DIVISION I BASE BID - SECTION III 86 REMOVE AND REPLACE SANITARY SEWER, 8" LF 30.0 FURNISH AND INSTALL MANHOLE RING AND 91 COVER EACH 7.0 92 TRACE SANITARY SEWER SERVICE EACH 20.0 93 DYE TEST INVESTIGATION EACH 46.0 94 UNDERGROUND INVESTIGATION-SANITARY EACH 3.0 ALTERNATE A 12A COLD WEATHER CONCRETE PROTECTION SY 1,449.6 13A LINSEED OIL TREATMENT SY 1,449.6 18A EXCAVATION CY 20,680.8 ALTERNATE B 5B COLD WEATHER CONCRETE PROTECTION SY 3,E 10.0 6B LINSEED OIL TREATMENT SY 3,E 10.0 11B EXCAVATION CY 18,411.5 51. PERCENT OF CONTRACT TO BE PERFORMED BY PRIME CONTRACTOR The Prime Contractor shall be required to perform at least 30 percent of the total contract amount of this project. Purchasing of materials for subcontractors will not be an acceptable method for the prime contractor to meet the 3,0 percent requirement. 52. INFORMATIONAL SIGNS RELATING TO CONSTRUCTION A. Advanced Informational Signs Advanced information signs shall be placed near the beginning and end of the project six (6) calendar days in advance of the street being closed for construction. These signs shall be approximately 2' x 3' in size, with the following wording: "This street to be closed for construction on (day of the week). One percent local option dollars at work. Thank you for your cooperation." Signs shall be placed on Burton Avenue, Downing Avenue, Easton Avenue, Lafayette Street, Mockingbird Lane, and W. 6th Street. SPECIAL PROVISIONS CONTRACT 898 Page 31 of 50 These informational signs shall be considered incidental to the traffic control bid item. B. After-Construction Signs These signs shall be similar as the Advanced Informational Signs, except that the first line shall read: "This street constructed with Local Option Dollars." After-construction signs shall be placed on all streets after they have been completed and open to traffic. The after-construction signs shall remain in place for at least four (4) weeks. The cost of these signs shall be considered incidental,to applicable items. 53. VOLUNTARY PARTNERING The City of Waterloo intends to encourage the formation of a partnership with the contractor and its principal subcontractors. This partnership will be structured to draw on the strengths of each organization to identify and achieve mutually beneficial goals. The objectives are effective and efficient contract performance and completion within budget, on schedule, and in accordance with plans and specifications. This partnership will be multi-lateral in makeup, and participation will be totally voluntary. Any cost associated with effectuating this partnering will be agreed to by all parties and will be shared equally by the participating parties. The establishment of a partnership charter on this project will not change the legal relationship of the parties to the contract nor relieve the parties from any of the terms of the contract. 54. PAVEMENT MARKING This work involves placing temporary and permanent pavement markings and symbols in accordance with I.D.O.T. Section 2527. All paint used on this project shall be waterborne paint and shall have reflectorizing spheres meeting Section 4184 of the I.D.O.T. Standard Specifications. All legends and symbols shall be precut preformed polymer or thermoplastic materials conforming to PreMark® by Flint Trading, Inc., or equal. The Contractor shall clean the pavement prior to placement of the pavement markings and symbols. The Contractor shall work with the City-Sign and Traffic Department to determine exact placement of all markings and symbols in the field. Payment for symbols and legends shall be on a per each basis. Payment shall be full compensation for all equipment, labor, materials and cleaning of the pavement needed to place all symbols in this project, as per manufacturers recommendations. Payment for temporary and permanent pavement markings shall be on a station basis. Payment shall be full compensation for all equipment, labor, materials and cleaning of the pavement needed to place all symbols in this project. SPECIAL PROVISIONS CONTRACT 898 Page 32 of 50 See plan sheet for a tabulation of the pavement markings, symbols, and legends. 55. HYDRO-SEEDING (HYDRAULIC SEEDING) Use standard urban mix; including grade preparation, in areas directed by the Engineer. Contractor shall be paid per square yard of completed area. SUDAS Standard Specifications, Division 9 — Site work and Landscaping, Section 9010 — seeding shall apply, except that measurement and payment will be made in square yards. 56. STORM WATER POLLUTION PREVENTION Storm water pollution prevention has become an important issue on construction projects. Therefore, the City is requiring that the storm sewer system on this project be protected in order to reduce and minimize the impact of sediment-laden runoff flowing into the storm sewer system. Detail sheets are included in the plans with representation of various structures and the proposed protection to be provided. A tabulation is also included in the plans indicating the estimated number of structures (existing and new) to be protected Structures that are unlikely to receive storm water during the construction process are not included in the tabulation. Protection will be placed at those locations directed by the Engineer or his representative. Payment for protecting the structures will be made on a per each basis and includes all labor and materials needed to do so during the course of the project. After construction, protection at the inlets shall be left in place until vegetation has bee i re-established, or the City authorizes removal of the protection. No separate payment will be made for protection of open ends of storm sewer pipe, but this will be cons dered incidental to applicable items. Should the protection not be provided or not maintained, the contractors will be required to remove sediment from the inlets or storm sewer at his own expense. The materials shall be removed in such a manner as to present further contamination of the storm sewer system and subsequent impairment of downstream receiving waters of the sewer. 57. VAULT FOR REMOVAL, KWWL BUILDING Prior to removal of sidewalk, KWWL's contractor will construct an interior wall separating the basement and vault areas as well as relocating any utilities in the vault. The existing sidewalk will be removed, the vault top and walls will be saw cut three (3) feet below the bottom of the proposed street, holes cored into the bottom of the vault, engineering fabric installed and filled with sand. Two-inch (2") diameter core holds will be drilled on a five-foot (5') square grid. Core holes will be drilled completely through the floor. Core holes are incidental to vault top removal. SPECIAL PROVISIONS CONTRACT 898 Page 33 of 50 Engineering fabric will be placed over the bottom of the vault prior to placing the fill sand. Fabric will meet the requirements of IDOT Section 4196, Table 4196.01-2. Fill sand will meet IDOT Gradation No. 36. Density test will be taken every eight (8) inches and the fill sand will be compacted to 95% of proctor. 58. RAILROAD INSURANCE AND RIGHT-OF-ENTRY, CHICAGO CENTRAL & PACIFIC RAILROAD The contractor will supply railroad insurance meeting the requirements as set forth below. The contractor will also apply for and receive a permit from the CN Railroad prior to beginning work. 59. RAILROAD PERMITS AND INSURANCE, UNION PACIFIC RAILROAD A response from the UPRR was not received as of date on project plans and specifications. Please refer to IDOT DS-15041 for probable requirements and contract - information. SPECIAL PROVISIONS CONTRACT 898 Page 34 of 50 IMPORTANT NOTICE CORPORATIONS License must be signed by the President or a Vice President of the Corporation or Company, or be accompanied by a certified resolution of the Board of Directors authorizing execution by a lesser official. PARTNERSHIP License must be signed by all of the partners. MUNICIPALITIES OR GOVERNMENTAL AGENCIES License must be accompanied by a certified resolution authorizing the official signing the License to execute on behalf of the Governmental Body. The resolution should not be cert fled by the same official who executed the License. SPECIAL PROVISIONS CONTRACT 898 Page 35 of 50 -1- RIGHT OF ENTRY LICENSE AGREEMENT Chicago,-; -'" arRivec Railroad Company (hereinafter called Railroad Company)hereby grants pursuant to this Right of Entry License Agreement(hereinafter called Licensee)to NAME OF LICENSEE attn: CONTACTsNAME,ADDRESS,GITYLTOWN ST,ZIP CODE,telephone_ _, (hereinafter called Licensee), effective the date This License was signed by Railroad Company, license and permission, at Licensee's sole cost, risk and expense,to enter Railroad Company's property in the vicinity of SITE DESCRIPTION, Railroad Milepost :=, SUB NAME Subdivision for purposes related to PURPOSE OF ROE for PROJECT OWNER in or near CITY/TOWN, STATE on, over and near Railroad Company's tracks and right-of-way, as generally shown on Location Exhibit, attached hereto and made a part hereof. Licensee shall pay to Railroad Company upon execution of this License the sum of $750.00 for the privileges granted by this License. The aforesaid sum is not refundable in the event Licensee elects not to enter upon Railroad Company's property or in the event Railroad Company elects to terminate this License for any reason whatsoever. Licensee shall'not enter Railroad Company's premises for the purpose as set forth '- above without having first given Railroad Company's Engineering Manager or their authorized representative at least five (5) working days advance notice of the date Licensee plans to commence the work Railroad Company shall have the right, but not the duty,to require Licensee to furnish detailed plans prior to entry upon the premises and to view and inspect any activity or work on or above Railroad Company's property. If in the sole opinion of the authorized representative of Railroad Company any said activity or work is undesirable for any reason, Railroad Company shall have the right to terminate this License at once. Railroad Company shall have the right,but not the duty,to restrict Licensee's activity on Railroad Company's property in any way that Railroad Company may,in its sole opinion,deem necessary from time to time and shall also have the right, but not the duty,to require Licensee to adopt and take any safety precautions that Railroad Company may, in its sole opinion,deem necessary from time to time. No work shall be performed or equipment located within twenty- five feet(25')of the centerline of the nearest railroad track without the expressed permission of Railroad Company's Engineering Manager or their duly authorized representative and then only when either the track has been removed from service or Railroad Company flag protection is provided. Railroad Company may, at Licensee's sole cost, risk and expense, furnish whatever protective services it considers necessary, including, but not limited to, flag protection, and inspectors. Licensee shall at all times conduct its work in accordance with any and all "Special _ Provisions"which may be appended hereto which,by reference hereto,are hereby made a part hereof. AS A CONSIDERATION AND AS A CONDITION,WITHOUT WHICH THIS LICENSE WOULD NOT HAVE BEEN GRANTED, LICENSEE AGREES TO INDEMNIFY AND SAVE HARMLESS RAILROAD COMPANY,ITS PARENTS,AFFILIATES,AND THEIR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS AND TO ASSUME ALL LIABILITY FOR DEATH OR INJURY TO ANY PERSONS, INCLUDING, BUT NOT LIMITED TO, OFFICERS, EMPLOYEES, AGENTS, PATRONS AND LICENSEES OF THE PARTIES HERETO, AND FOR ALL LOSS, DAMAGE OR INJURY TO ANY PROPERTY, INCLUDING, BUT NOT Chicago;Central&Pacific/Cedar River Railroad Company-Original SPECIAL PROVISIONS CONTRACT 898 Page 36 of 50 -2- LIMITED TO, THAT BELONGING TO THE PARTIES HERETO, TOGETHER WITH ALL EXPENSES,ATTORNEYS'FEES AND COSTS INCURRED OR SUSTAINED BY RAILROAD COMPANY,WHETHER IN DEFENSE OF ANY SUCH CLAIMS, DEMANDS,ACTIONS AND CAUSES OF ACTION OR IN THE ENFORCEMENT OF THE INDEMNIFICATION RIGHTS HEREBY CONFERRED, IN ANY MANNER OR DEGREE CAUSED BY,ATTRIBUTABLE TO OR RESULTING FROM THE EXERCISE OF THE RIGHTS HEREIN GRANTED, OR THE FAILURE OF LICENSEE TO CONFORM TO CONDITIONS OF THIS LICENSE, WORK PERFORMED BY RAILROAD COMPANY FOR LICENSEE UNDER THE TERMS OF THIS LICENSE OR THE CONSTRUCTION, MAINTENANCE, REPAIR, RENEWAL,ALTERATION, CHANGE, RELOCATION, EXISTENCE, PRESENCE, USE, OPERATION OR REMOVAL OF ANY STRUCTURE INCIDENT THERETO, OR FROM ANY ACTIVITY CONDUCTED ON OR OCCURRENCE ORIGINATING ON THE AREA COVERED BY THIS LICENSE, REGARDLESS OF ANY NEGLIGENCE OF RAILROAD COMPANY, ITS OFFICERS, EMPLOYEES AND AGENTS. SAID LICENSEE AGREES ALSO TO RELEASE, INDEMNIFY AND SAVE HARMLESS RAILROAD COMPANY, ITS OFFICERS, EMPLOYEES AND AGENTS FROM ALL LIABILITY TO LICENSEE,ITS OFFICERS,EMPLOYEES,AGENTS OR PATRONS, RESULTING FROM RAILROAD OPERATIONS AT OR NEAR THE AREA IN WHICH LICENSE IS TO BE EXERCISED, WHETHER OR NOT THE DEATH, INJURY OR DAMAGE RESULTING THEREFROM MAY BE DUE TO WHOLE OR IN PART TO THE NEGLIGENCE OF RAILROAD COMPANY, ITS OFFICERS, EMPLOYEES OR AGENTS. AT THE ELECTION OF RAILROAD COMPANY,LICENSEE, UPON NOTICE TO THAT EFFECT, SHALL ASSUME OR JOIN IN THE DEFENSE OF ANY CLAIM BASED UPON ALLEGATIONS PURPORTING TO BRING SAID CLAIM WITHIN THE COVERAGE OF THIS SECTION. Before commencing work and until this License shall be terminated, Licensee shall provide and maintain the following insurance in form and amount with companies satisfactory to and as approved by Railroad Company. a. Statutory Workers Compensation and Employer's Liability insurance. b. Automobile Liability in an amount not less than $1,000,000 dollars combined single limit. c. Comprehensive General Liability(occurrence form) in an amount not less than $5,000,000 dollars per occurrence, with an aggregate limit of not less than $10,000,000 dollars. The Policy must name'All Operating Subsidiaries of North American Railways, Inc.'as additional insureds in the following form: All Operating Subsidiaries of North American Railways, 11c. Attn:Mgr Insurance,Insurance Department 935 de La Gauchetiere St W Montreal,Quebec H3B 2M9,Canada 514-399-6411 (office);514-399-42%(FAX) If the commercial general liability policy required herein contains any r xc Fusions related to doing business or undertaking construction or demolition on near, or adjacent to railroad facilities; such exclusion must be removed through issuance of endorsement CG 24 17, or a similar endorsement approved by Railroad Company in its sole discretion prior to the commencement of work hereunder. d. In the event the privileges provided herein to Licensee involve any work that could result in the discharge, spillage, disposal, release or escape of any Hazardous Material or petroleum product onto the Railroad Company's property, Licensee shall purchase and maintain in effect at all times during the term of this Chicago,Central&Pacific/Cedar River Railroad Company-Original SPECIAL PROVISIONS CONTRACT 898 Page 37 of 50 -3- License a Contractors Pollution Liability policy in an amount not less than two million dollars ($2,000,000) combined single limit(and with a deductible not to exceed$50,000)insuring Railroad against any and all damages,costs,liabilities and expenses resulting from on-or off-site bodily injury(including death to any person), on or off-site loss, damage or destruction of property (including that belonging to the parties hereto), and on-or off-site cleanup costs (including expenses incurred in the investigation, removal, remediation, neutralization, or immobilization of contaminated soils, surface water, groundwater or any other contamination)growing out of or incidental to any discharge, spillage, disposal, release, or escape of any Hazardous Material or petroleum product arising therefrom. For purposes of this Agreement,the term"Hazardous Material" shall include, without limit, any flammable explosives, radioactive materials, hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. §§ 9601, et g.), the Hazardous Material Transportation Act, as amended (49 U.S.C. §§ 1801, et leg.), the Resource Conservation and Recovery Act, as amended (42 U.S.C. §§ 6901 et seq.), the Toxic Substances Control Act, as amended (15 U.S.C.§§2601,e§eg.),similar laws or ordinances enacted by any state,county or municipality in which the Property is located,or in the regulations adopted and publications promulgated pursuant to any of the above, as such laws or regulations now exist or may exist in the future. Licensee is required to advise Railroad Company by thirty (30) day advance written notice when any work to be performed under this License may require Pollution Liability Insurance pursuant to the previous paragraph_ Before commencing work, Licensee shall deliver to Railroad Company a certificate of insurance evidencing the foregoing coverage, and upon request, Licensee shall deliver a certified, true and complete copy of the policy or policies at its sole cost and expense. The policies shall provide for not less than thirty(30)days prior written notice to Railroad Company of cancellation of or any material change in,the policies,and shall contain the waiver of right of subrogation. It is understood and agreed that the foregoing insurance coverage is not intended to, and shall not, relieve Licensee from or serve to limit Licensee's liability under the indemnity provisions of this License or any applicable agreement_ It is further understood and agreed that,so long as this License shall remain in force or until the Licensee's work is complete and Licensee shall have vacated the Railroad Company's property(whichever shall be later),Railroad Company shall have the right,from time to time,to revise the amount or form of insurance coverage provided as circumstances or changing economic conditions may require. Railroad Company shall give Licensee written notice of any such requested change at least thirty(30)days prior to the date of expiration of the then existing policy or policies;and Licensee agrees to,and shall,thereupon provide Railroad Company with certificates reflecting such revised policy or policies thereof. If a contractor is to be employed by Licensee, then, before any work is commenced hereunder, Licensee shall establish, to the reasonable satisfaction of Railroad Company,that either(i)the contractor has in place insurance policies covering its own work that comply with the required insurance coverages, limits and terms applicable to Licensee,or(ii)the contractor is fully covered under Licensee's insurance policies. Railroad Company-Original SPECIAL PROVISIONS CONTRACT 898 Page 38 of 50 4 Railroad Company's exercise or failure to exercise any rights under this License shall not relieve Licensee of any responsibility under this License, including, but not limited to, the obligation to indemnify Railroad Company as herein provided. Cost and expense for work performed by Railroad Company, as referred to in this License, shall consist of the actual cost of labor, materials, equipment and other plus Railroad Company's standard additives in effect at the time the work is performed_ This License is revocable at the option and discretion of Railroad Company upon notice to Licensee, and shall not be transferred or assigned. Unless sooner revoked ty Railroad Company, extended at request of Licensee and granted by Railroad Company in writing, or relinquished by act of Licensee,this License shall terminate on END DATE. Upon termination of this License, Licensee shall remove all of its propery, leaving Railroad Company's premises in a neat and safe condition satisfactory to Railroad ,:ampany's Engineering Manager or their authorized representative, failing which Railroad Company may remove said materials from its premises at Licensee's sole cost, risk and expense, or at its option, may deem such property as abandoned and henceforth owned by Railroad Company, with no compensation for Licensee whatsoever. -n... IVTRAL&PACIFIC/CEDAR RIVER RAILROAD COMPANY By: Print Name: Title: Date signed: ACCEPTED:. By: Print Name: Title: Date signed: Chicago,Central&Pacific/Cedar River Railroad Company-Original SPECIAL PROVISIONS CONTRACT 898 Pa;_;e 39 of 50 -5- SPECIAL PROVISIONS RELATIVE TO FLAGGING AND OTHER PROTECTION OF RAILROAD COMPANY TRAFFIC AND FACILITIES DURING CONSTRUCTION ADJACENT AND ABOVE,ON OR ACROSS, THE PROPERTY OF,OR ON,ABOVE AND BENEATH THE TRACKS OF THE CFIICAG 7,C —, ,� ` R RAILROAD COMPANY The Licensee shall, before entering upon the property of Railroad Company for performance of any work, secure a fully executed right of entry license from Railroad Company's Engineering Manager or their authorized representative for the occupancy and use of Railroad Company's property. Licensee shall confer with Railroad Company relative to requirements for railroad clearances,operation and general safety regulations. Prior to any entry onto Railroad Company's property,employees and/or contractor(s) of Licensee doing work shall determine by the guidelines hereinafter provided and by the work to be performed the level of safety training to be required.. All employees and/or contractor(s)of Licensee not hired by Railroad Company that will work on CN property are required to have minimum vsww.contractororientation_com. a. EXCEPTION: Railroad Company has exempted those it classifies as "Delivery Persons'from this training. This will include contractors such as UPS, FedEx, trucking companies, etc.who merely access the property to supply materials or equipment. All employees and/or contractor(s) of Licensee hired by Railroad Company which will work on Railroad Company property are required to have minimum CN Safety and Security Awareness training, in addition to undergoing a background check_ This training and background check must be obtained through the eRailSafe.com website. If not done before,the contractor must contact e-RailSafe at 855-383-7434 to be issued either a vendor number or issued instructions on obtaining a non Railroad contractor vendor number prior to accessing the noted website. Minimum information required of the Licensee and/or their contractor when contacting e-RailSafe is Name,Address, Telephone, Contact Person for State Projects, DOT Contract Number,and the AAR/DOT Number. This training is good for a period of two years. a. EXCEPTION: Railroad Company has exempted those employees of contractors providing paving services at a road crossing under construction or repair from this requirement. b_ EXCEPTION: Railroad Company has exempted those it classifies as "Delivery Persons"from this training. This will include contractors such as UPS, FedEx, trucking companies, etc.who merely access the property to supply materials or equipment. All employees and/or contractor(s) of Licensee hired by Railroad Company, whose duties include and who are engaged in the inspection,construction, maintenance, or repair of railroad track, bridges, roadway, signal and communication systems, roadway facilities, or roadway machinery that will work foul of or have the potential to foul a live track are considered Roadway Workers under FRA regulations and CN Policy. They must complete the On-Track Safety Training course approved by Railroad Company and provided by R.R. Safety —AMR, P.O. Box 75,Lomira,WI 53048,telephone(920)517-1677,email rrsafetytraining@yaboo.com. This training must be repeated at least once each calendar year_ a. EXCEPTION: Railroad Company has exempted those employees of contractors providing paving services at a road crossing under construction or repair from this requirement. =$ PacificfCedar River Railroad Company-Original SPECIAL PROVISIONS CONTRACT 898 Page 40 of 50 -6- b. EXCEPTION: Railroad Company has exempted those it classifies as "Delivery Persons"from this training. This will include contractors such as t PS, FedEx, trucking companies, etc. who merely access the property to supply materials or equipment. c. All the employees and/or contractor(s) of Licensee who will operate on-track machinery or those who will provide protection for other employees and/or contractor(s) of Licensee must also be trained on CN US Operating Rules pertaining to their duties. They must take and pass the required examination. This training is good for a period of two years. d. `Potential to foul a live track"is considered, at a minimum, to be working within twenty-five feet of the track; or as otherwise to be determined by CN Design& Construction Department. The employees,contractor(s) , and/or agents of the Licensee and/or its contractor shall qualify for, and make available for inspection to Railroad Company's employees or other authorized personnel at all times while on Railroad Company property, a photo identification issued by wvvw_e-railsafe_com, along with at least one other government-issued form of identification_ Licensee and/or their contractor shall bear all costs of compliance with the requirements of this Section. Railroad Company reserves the right to bar any of employees or agents of Licensee and/or their contractor from Railroad Company's property at anytime for any reason. Licensee and/or any contractor engaged on their behalf, shall at all times cenduct work in a manner satisfactory to the Engineering Manager of Railroad Company,or their authorized representative,and shall exercise care so as to not damage the property of Railroac Company, or that belonging to any other grantees, licensees, permittees or tenants of Railroac Company, or to interfere with railroad operations. Engineering Manager of Railroad Company,or their authorized representative,will at all times have jurisdiction over the safety of railroad operations. The decision of the Engineering Manager or their authorized representative as to procedures which may affect the safety of railroad operations shall be final, and Licensee and/or their contractor shall be governed by such decision. All work shall be conducted in such a manner as will assure the safety of Railroad Company. Railroad Company's authorized representative shall have the right, but not the duty, to require certain procedures to be used or to supervise the work on Railroad Company's property. Any accidents/incidents occurring on Railroad Company property, that result in or had the potential of causing serious injury, lost work days,vehicle or property damage must be reported to the Railroad Company representative within 24 hours. All such incidents will be fully investigated by the Licensee and/or their contractor. The Licensee shall subsequently provide a written report to Engineering Manager of Railroad Company, or their authorized representative, within seven (7)days detailing the nature of the incident, the cause(s), regulatory authorities notified,and a specific action plan to prevent recurrence. Should any damage occur to Railroad Company property as a result of the authorized or unauthorized operations of Licensee and/or their contractor and Railroad Company deems it necessary to repair such damage or perform any work for the protection of its property or operations,the Licensee and/or their contractor,as the case may be, shall promptly reimburse Railroad Company for the actual cost of such repairs or work. For the purpose of these Special Provisions, actual cost shall be deemed to include the direct cost of any labor, materials, equipment, or contract expense plus Railroad Company's current standard additives in each instance. Chicago,Central&Pacific/Cedar River Railroad Company-Original SPECIAL PROVISIONS CONTRACT 898 Page 41 of 50 -7- if the work requires the construction of a temporary grade crossing across the track(s)of Railroad Company, Licensee and/or their contractor shall make the necessary arrangements and execute Railroad Company's temporary grade crossing agreement for the construction, protection,maintenance,and later removal of such temporary grade crossing.The cost of such temporary grade crossing construction and later removal shall be prepaid to Railroad Company. Additional costs for repairs,maintenance or protection will be paid within thirty(30)days upon receipt of bill(s)therefor. Licensee and/or their contractor shall at no time cross Railroad Company's property or tracks with vehicles or equipment of any kind or character, except at such temporary grade crossing as may be constructed as outlined herein, or at any existing and open public grade crossing. Operation over such crossing shall be at the direction and method of Railroad Company's Engineering Manager or their authorized representative. Railroad Company may, at Licensee's and/or their contractor's sole cost, risk and expense,furnish whatever protective services it considers necessary, including, but not limited to,flagger(s),inspector(s),and stand-by personnel_ Flagging protection,inspection services,or standby personnel required by Railroad Company for the safety of railroad operations because of work being conducted by Licensee and/or their contractor,or in connection therewith,will be provided by Railroad Company and the cost of Licensee and shall be prepaid to Railroad Company by Licensee and/or their contractor. Flagging protection, inspection services, or standby personnel,necessary or provided in excess of prepayment amounts will be billed at the proper rates and will be promptly paid by overnight delivery. In the event Railroad Company is unable to furnish protective services at the desired time or on the desired date(s),or if Licensee's prepayment for such services is exhausted and not replenished by Licensee and/or their contractor, Licensee and/or their contractor shall not perform any work on Railroad Company's property until such time and date(s)that appropriate Railroad Company services can be made available and/or appropriate prepayment is received. It is understood that Railroad Company shall not be liable for any delay or increased costs incurred by Licensee and/or their contractor owing to Railroad Company's inability or failure to have appropriate protective services available at the time or on the date requested. Licensee and/or their contractor shall request and secure flagging protection by written notice to Railroad Company using CN's'Request for Flagging Services'form. This form must be submitted at least ten(10)working days in advance of proposed performance of any work or access to Railroad Company's property. Flagging protection will be required during any operation involving direct and potential interference with Railroad Company's tracks or traffic. This may include but is not limited to fouling of railroad operating clearances, reasonable proximity of accidental hazard to railroad traffic, work within twenty-five (25) feet horizontally of the nearest centerline of any railroad track,any work over any railroad track,or in any other condition that Railroad Company deems protective services necessary, which may include work on or off Railroad Company's property more than twenty-five (25)feet from the nearest centerline of any railroad track, such as any equipment extension (including but not limited to a crane boom)that will reach or has the potential to reach within twenty-five(25)feet of any track. Licensee and/or their contractor shall request, prepay, and secure Railroad Company signal facility locates by written notice to Railroad Company along with submission of CN's "Request far Flagging Services" form at least ten (10)working days in advance of proposed performance of any work or access to Railroad Company property. Notice to Railroad Company does not fulfil► or satisfy any other notification requirements for utility locates for non-railroad facilities. Chicago,Central'& ctfitcfCedarRiver Railroad Company-Original SPECIAL PROVISIONS CONTRACT 898 Page 42 of 50 -8- Railroad Company may require that prior to digging,trenching,or boring activities on or near Railroad Company property, or beneath any railroad track, an on-site meeting be conducted with Railroad Company's Signal Department representative. No digging trenching or boring activities shall be conducted in the proximity of any known buried Railroad Company signal cables without Railroad Company's Signal Department representative being present. The rate of pay for Railroad Company employees will be the prevailing hourly rate for not less than eight(8) hours for the class of labor at regular rates during regularly assigned work hours,and at overtime rates outside of regular hours and in accordance with Labor Agreements or Schedules plus Railroad Company's current standard additives in each instance. Wage rates are subject to change, at any time, by law or agreement betwe€n Railroad Company and employees, and may be retroactive because of negotiations or a ruling by an authorized Governmental Agent. If the wage rates are changed, Licensee and/or their contractor shall pay on the basis of the new rates and/or additives. No digging, trenching, or boring on Railroad Company property shall be conducted without Railroad Company's written approval of the plans that were furnished to Railroad Company's Engineering Manager at least thirty(30)in advance of the excavation. The following temporary clearances are the minimum that must be maintained at all times during any operation on or adjacent to Railroad Company property: Vertical: 22'-0"(7.00 m)above top of highest rail within 12'-0"(3.81 m)of the centerline of any track Horizontal: 12'-0"(3.81 m)from centerline of the nearest track,measured at right angles thereto If lesser clearances than the above are required for any part of the work, Licensee and/or their contractor shall secure written authorization from Railroad Company's Engineering Manager for such lesser clearances in advance of the start of that portion of the work. No materials, supplies,or equipment will be stored within twenty-five(25)feet from the centerline of any railroad track,measured at right angles thereto. Licensee and/or their contractor will be required upon the completion of the work to remove from within the limits of Railroad Company's property all machinery,equipment,surplus materials,false work, rubbish or temporary buildings, and to leave said property in a condition satisfactory to the Engineering Manager of Railroad Company or their authorized representative. Nothing in these Special Provisions shall be construed to place any responsibility on Railroad Company for the quality or conduct of the work performed by Licensee and/or their contractor hereunder. My approval given or supervision exercised by Railroad Company hereunder,or failure of Railroad Company to object to any work done,material used,or method of operation shall not be construed to relieve Licensee and/or their contractor of any obligations pursuant hereto or under the License these Special Provisions are appended to. Accepted: Print Name: Chicago,Central&Pacific/Cedar River Railroad Company-Original SPECIAL PROVISIONS CONTRACT 898 Page 43 of 50 9 REQUIREMENTS REGARDING FLAGGING AND CABLE LOCATION FOR CONSTRUCTION ON CN (Hereinafter called"Railroad") (Revised:Effective March 4,2015) NOTE_ Flagging andior Cable Locate fees may apply A utility or contractor shall not commence; or carry on, any work for installation, maintenance, repair, changing or renewal of any FACILITY, under,over or on RAILROAD property at any location without giving notice to the RAILROAD authorized representative at the RAILROAD's office located at. Flat Rock, Michigan, Phone (734)783-4533; and if, in the opinion of the RAILROAD the presence of an authorized representative of the RAILROAD is required to supervise the same,the RAILROAD shall render bills to the utility or contractor for all expenses incurred by it for such supervision. This includes all labor costs for flagmen or cable locate supplied by the RAILROAD to protect RAILROAD operation,and for the full cost of furnishing, installation and later removal of any temporary supports for said tracks, as the RAILROAD's Chief Engineer's Office may deem necessary. A flagman is required anytime a utility or contractor does any work on or near RAILROAD property within twenty-five(25) feet horizontally of the centerline or any work over any railroad track. The RAILROAD, however, also reserves the right to require a flagman for work on RAILROAD property,which is more than twenty-five(25)feet from the centerline of a railroad track when there are other conditions,or considerations that would dictate the need for a flagman to safeguard the RAILROAD's operations,property and safety of working personnel. A cable locate of RAILROAD owned facilities may be required to identify and protect Signal & Communication cables that have been installed to provide power, signal control, and wayside communications, These cables are vital to a safe and reliable railway operation. The cable locate will be performed by a qualified RAILROAD employee. Cost for a cable locate is$250.00,which is to be prepaid by check before installation is to begin. Outside contractors are prohibited from driving on, along, or across any track that does not have a CN installed crossing. They may utilize an existing public crossing. The practice of allowing rubber tired equipment to operate over track with no crossing has been banned. Exceptions to this rule will require the express approval from CN Engineering. Prior to any project being started,the RAILROAD requires a"Request for Flagging Services"form to be completed and submitted; including check for prepayment based on the number of days and hours flagman protection will be required. agf,Central&Pacific/Cedar River Railroad Company-Original SPECIAL PROVISIONS CONTRACT 898 Page 44 of 50 10 Request for Flagging Services and Cable Local ion Southern Region Inquiries may be directed to: Mary Ellen Carmody Date submitted: US-Audit Officer CN 24002 Vreeland Road Flat Rock,MI 48134 (734)783-4533 maryellen.c armady@cn.ca I: with: .am req estin€that flagging (Name) (Company Name) protection be provided for Is this a continuation of an wilting project?Yes Clip 0 (Protect Name) All blanks below must be completely filled in before any flagman request will be honored, Project Location: RR milepost Street:intersection: Right of Entrc,License Permit No..: Dated: Railroad: xt You must have an agreement x'itk Cti railroad subsidiary,suck as a Right of Envy,Permit or Formal Agreement art,proof of insurance. You must have flagman protection before you can enter the propert. Contractor's Contact Person: Phone: Anticipated#of Days Protection is needed: Specific Dates Flagging needed: Project Starting time: Anticipated Ending Time: Anticipated#Hours Ler Day: • raps, start and end tune may vary based an type of protection required. Location for flagman to report: Description of work to be performed Railroad Cable Locate Requires/ Yes Clio ❑ A prepayment check MUST be sent and received at the address shown at the top of this page before flagman protection will be scheduled. The amount of prepayment is based on the number of days and hours flagman protection is required.The base rate per day for flagman protection is$1,300.00 for 10 hours,this includes 2 overtime hours to set flags.Additional overtime hours will be billed at the rate of$150.00 per hour.Weekend.and Holidays should be prepaid at the overtime rate of S150.00 per hour or$1,500.00 for 10 hours.Any Prepayment for overtime hours not used will be refunded.Coat for cable locate is S250.00,and must be prepaid as well before installation begins.Separate checks should be sent for cable locate and flagging protection.Checks should be made payable to the railroad subsidiary listed on your Right of Entry,Permit or Formal Agreement. A Prepayment check and Proof of Insurance MUST accompany this form and be received prior to the beginning of this project. Flagman will be provided at your cost,depending on availability,within five(5)business days. If the project runs longer than originally anticipated,hiaryEllen Carmody must be contacted by email and an additional check must be submitted before work can resume. Rates are Effective August I'm 2013. New form address effective March 4,2015. *}ALL blanks must be completely filled** Billing Information: Company Name: Billing Address: City: State: Zip: Company Phone: Company Fax: E-Mail: REQUIRED) I agree to pay for flagging services as requested: • (SIGN AND PRINT NAME) Attach a map and location information and mail this fora:with prepayment and proof of insurance to Arun'aim Carmody at the abtece a:!teas. Chicago,Central&Pacific/Cedar River Railroad Company-Original SPECIAL PROVISIONS CONTRACT 898 Page 45 of 50 Herten R.Arians Manager Public Works 1006 East Fourth Street CINJ Waterloo IA 50703 T 319,236.9205 F 319.236.9207 Ems0:harianariansrttcn.ca Right of Entry(ROE)License Agreement Information Cost is #9 •r application ar g o y to have a Right-of-Entry(ROE)License Agreement..ROE license agreement applications are handled by emal, Once Railroad Company receives the information requested below, and if application is approved, Railroad Company will draw tr.,a ROE License Agreeen and will forward electronic copy by email for applicants execution_. a rAgreemen :4 t t- fti015tf r, . — Appiicalion and ROE'License Agreement will be del eyed if Railroad Coi pany4 eives the.reiwred documents separately, incomplete,or inaccurate. Railroad Company will return a*y' CO_rd > of the ROE License Agreement by email for Applicant's files and records, No work may occur on Railroad Company property nor will ftag•in rotection be rovided until ROE License Agreement has been fully executed by both parties and returned. . Please use this form and return by email to submit application request for a Right of Entry agreement. Contact name— Name of Applicant/contractor- Street Address— City,State,Zip— Telephone— Reason for ROE— Duration of ROE— Public Agency's Project No,— Public agency Easement No.(if known)— Location of project— FRAIAAR/DOT Crossing No.— If unable to locate this number at jobsite,please use following links to obtain: httl:Gsafetydata.fra.dot.00vtofficeofsafety/oublicsiteicr0ssingfxinogryrloc.asox In Illinois htto://www.icc.illinois.00virailroad/advanced.aspx? If project job site does not have a FRA/AAR/DOT Crossing Number,please attach an aerial snapshot to help identify specific location. SPECIAL PROVISIONS CONTRACT 898 Page 46 of 50 FAQ What are the insurance requirements? Railroad Company allows outside parties to come onto Railroad Company property to perform work, such as survey or inspection work, installation of pipelines and wirelines, and other wort for projects necessitating the occupancy of Railroad Company. Before commencing work,and until the license of allowing such occupancy ends or is terminated,outside parties shall provide and maintain the following insurance in form and amount with companies satisfactory to and as approved by Railroad Company. 1. Minimum insurance required of outside party: A. Statutory Workers Compensation and Employer's Liability Insurance. B. Automobile Liabiity Insurance in an amount not less than$1,000.000 combined single limit. C. Commercial General Liability Insurance (Occurrence Form) in an amount not less than $5,000,000 per occurrence,with an aggregate limit of not less than$10,000,0C:l, The policy must name"All Operating Subsidiaries of North American Raihvays,inc,"as adctional insureds in the following form: All Operating Subsidiaries of North American Railways,Inc. Attn.Mgr Insurance,Insurance Department 935 de La Gauchetiere St W Montreal,Quebec H3B 2M9,Canada 514-399-6411(office);514-399-4296(FAX) The policy must remove any provisions excluding coverage for injury,loss or damage wising out of or resulting from doing business or undertaking construction or demolition on,near,or adjacent to railroad track or facilities using endorsement CG 2417 10 01 or equi'alent approved by Railroad Company, D. When outside party is required by Railroad Company or Governing Authority to pun:nase Railroad Protective Liability Insurance to cover work on,near or adjacent to railroad track or facilities, and outside party is not being hired for this project by Railroad Company,outside party must procure Railroad Protective Liability Insurance in the following veil, This coverage shall be written on an Occurrence Form with limits of not less than$5,003,000 per occurrence for Bodily Injury, Personal Injury and Physical Damage to Property, with an aggregate limit of not less than$10,000,000. The policy must name: Name of site specific Railroad Company(applicant must contact CN to determine) Attar.Mgr Insurance,Insurance Department 935 de La Gauctietlere St W Montreal,Quebec H3B 2M9,Canada 514-399-6411(office);514-399-4296(FAX) E. In the event the privileges provided herein to Applicant involve any work that could result in the discharge, spillage, disposal, release or escape of any Hazardous Material or petroleum product onto the Railroad Company's property,Applicant shall purchase and maintain in effect at all times during the term of this License a Contractor's Pollution Liability policy in an amount not less than two million dollars($2,000,000)combined single limit(and with a deductible not to exceed $50,000) insuring Railroad against any and all damages, costs, liabilities and expenses resulting from on-or off-site bodily injury(including death to any person),on cr off- site loss,damage or destruction of property (including that belonging to the parties hereto), and on-or off-site cleanup costs(including expenses incurred in the investigation, removal, remediation., neutralization. or immobilization of contaminated soils, surface water, groundwater or any other contamination) growing out of or incidental to any discharge, spillage,disposal,release,or escape of any Hazardous Material or petroleum product arising therefrom. For purposes of this Agreement, Me term 'Hazardous Material shall include, without limit,any flammable explosives,radioactive materials,hazardous materials,hazardous SPECIAL PROVISIONS CONTRACT 898 Page 47 of 50 wastes, hazardous or toxic substances, or related materials defined in the Comprehensive Environmental Response,Compensation and Liability Act of 1980,as amended(42 U.S.C.§§ 9601,et mil,the Hazardous Material Transportation Act,as amended(49 U.S.C.§§1801,et m.),the Resource Conservation and Recovery Act,as amended(42 U.S.C.§§6901 g(seq.), the Toxic Substances Control Act,as amended(15 U.S.C.§§2601,et seg.),similar laws or ordinances enacted by any state,county or municipality in which the Property is located,or in the regulations adopted and publications promulgated pursuant to any of the above,as such laws or regulations now exist or may exist In the future, Applicant is required to advise Railroad Company by thirty(30) day advance written notice when any work to be performed under this License may require Pollution Liability Insurance pursuant to the previous paragraph. F. All policies described above must include description of operations, Railroad Company milepost, highway or street name,city and slate of location, project number, and Railroad Company contact person on the certificate. 2. Before commencing work, outside party shall deliver to Railroad Company a certificate of insurance evidencing the foregoing coverages and,if requested by Railroad Company,true arid complete copies of the policies described above, If the policy is being Issued in conjunction with,or as a result of,a city, county or state contract,the policy should be initially submitted to the respective city,county or state agency that will review it rust and then forward it to Railroad Company. 3. Common Policy Provisions. Each policy described in paragraph 1, parts A through E above, must include the following provisions; A, Each policy shall include a waiver by the insurer of any right of subrogation against any recovery by or on behalf of any insured. B. Each policy shall provide for not less than thirty(30) days prior written notice to Railroad Company at the address listed above of cancellation of or any material change in that policy. 4. It is understood arid agreed that the foregoing insurance coverage requirements,and outside party's compliance with those requirements,is not Intended to, and shall not, relieve outside party from, or serve to limit,outside party's liability and indemnity obligations under the provisions herein. 5. Railroad Company shall have the right,from time to time,to revise the amount or form of insurance coverage required as circumstances or changing economic conditions may require. Railroad Company shall give outside party written notice of any such requested change at least thirty(30)days before the date of expiration of the then-existing policy or policies,outside party agrees to,and shall,thereupon provide Railroad Company with such revised policy or policies. 6. Insurance required of SUBCONTRACTOR: A, If a S UBCONTRACTOR is to be employed by outside party to perform work on Railroad Company under or by the permission for occupancy granted to outside party by Railroad Company, before commencing work, the SUBCONTRACTOR shall provide and thereafter maintain all of the insurance described in paragraph 1,parts A through E,above,in the same forms and amounts as provided for above and subject to the other terms and conditions provided for in paragraphs 2 through 4 above. B. In the alternative, before the SUBCONTRACTOR commences work for outside party on Railroad Company, outside party may provide and thereafter maintain all of the Insurance described in paragraph 1, parts A through 6, above, in the same forms and amounts as provided for above and subject to the other terms and conditions provided for in paragraphs 2 through 5 above,provided that all such insurance names SUBCONTRACTOR as an additional insured and all such insurance provides coverage to all additional insureds,including Railroad Company, for any liability arising out of work performed by all other additional insureds, including SUBCONTRACTOR, SPECIAL PROVISIONS CONTRACT 898 Page 48 of 50 Is safety training required? Prior to any entry onto Railroad Company's property, the employees and/or subcoe zacfors of a Contractor,Grantee,Licensee,or Permittee shag determine by the guidelines hereinafter provided and by the work to be performed the level of safety training to be required. All employees and/or subcontractors of a Contractor,Grantee, Licensee, or Permittee not hired by Railroad Company that will work on CN property are required to have minimum www contractoronelation.com. a, EXCEPTION:Railroad Company has exempted those it classifies as'Delivery Persons'from this training. This will Include contractors such as UPS,FedEx,trucking companies,eta who merely access the property to supply materials or equipment, All employees and/or subcontractors of a Contractor,Grantee,Licensee,or Pemiittee hired by Railroad Company which will work on Railroad Company property are required to have minimum CN Safety and Security Awareness training,in addition to undergoing a background check, This training and background check must be obtained through the eRailSafe,com website, If not done before,the contractor must contact e-RailSafe at 855- 383.7434 to be issued a vendor number prior to accessing the noted website. Minimum information required of a Contractor,Grantee, Licensee,or Permittee and/or their contractor when contacting e-RailSafe is Name, Address,Telephone,Contact Person for State Projects,DOT Contract.Number,and the AAR/DOT Number. This training is good for a period of two years, a. EXCEPTION Railroad Company has exempted those employees of contractors providing paving services at a road crossing under construction or repair from this requirement b. EXCEPTION:Railroad Company has exempted those it classifies as'Delivery Persons"from this training. This will include contractors such as UPS,FedEx,trucking companies,etc.who merely access the property to supply materials or equipment All employees and/or subcontractors of a Contractor,Grantee,Licensee,or Permittee hired by Railroad Company,whose duties include and who are engaged in the inspection,construction,maintenance,or repair of -- railroad track,bridges,roadway,signal and communication systems,roadway facilities,or roadway machinery that will work foul of or have the potential to foul a live track are considered Roadway Workers under FRA regulations and CN Policy, They must complete the On-Track Safety Training course approved by Railroad Company and provided by R.R.Safety—AMR,P.O.Box 75,Lomira,WI 53048,telephone(92D)5'7-1677,email rrsafetytreinina{t vahoc.cam. This training must be repeated at least once each calendar year. a. EXCEPTION: Railroad Company has exempted those employees of contractors providing paving services at a road crossing under construction or repair from this requirement. b. EXCEPTION_Railroad Company has exempted those it classifies as"Delivery Persons"from this training. This will include contractors such as UPS,FedEx,trucking companies,etc.who merely access the property to supply materials or equipment c. All the employees and/or subcontractors of a Contractor,Grantee,Licensee,or Permittee who will operate on-track machinery or those who will provide protection for other employees and/or subcontractors of a Contractor,Grantee,Licensee,or Permittee must also be trained on CN US Operating Rules pertaining to their duties, T hey must take arid pass the required examination. This training is good for a period of two years. d. "Potential to foul a live track'is considered,at a minimum,to be working within twenty-five(25) feet of the track;or as otherwise to be determined by ON Design&Construction Department The employees,subcontractors,and/or agents of the Licensee and/or its contractor shall qualify for,and make available for inspection to Railroad Company's employees or other authorized personnel at all times while on Railroad Company property,a photo identification issued by www.e-ra+lsafe,corn along with at least one other government-issued form of identification. Licensee and/or their contractor shall bear all costs of cu mptance with the requirements of this Section, Railroad Company reserves the right to bar any of employees or agents of a Contractor,Grantee,Licensee, or Permittee and/or their contractor from Rairoad Company's property at any time for any reason. SPECIAL PROVISIONS CONTRACT 898 Page 49 of 50 What are the flagging protection rates? Flagging protection Rates: Basic rate-10 hour minimum=$1,300,00—Monday thru Friday regular business hours Overtime rate-hours in excess of 8 hours=$150.00rhr non regular business hours Weekend or holiday rate a 5150.00 per hour with a 10 hour minimum or$1,500.00 Email the above back to hatian.ariansacn.ca M1CHAFI,.LIISFAR.CN.C, Revised 2015-11-06 SPECIAL PROVISIONS CONTRACT 898 Page 50 of 50 WATERLOO WAE. WORKS a - • ... . . F.Y. 2016 Street Reconstruction Program, Contract No. 898 Division II Water Main Replacement and Extension Special Conditions CERTIFICATION ,' �FESSI04, ,,,' I hereby certify that this engineering document was prepared by me or under my Q�•.• 1< /. direct personal supervision and that I am a duly Licensed Professional Engineer . ' % under the laws of the State of Iowa. DENNIS D. = z • ` w : CLARK :m = Signature: j'. 9656 E• Dennis D.Clark, P.E. . - Date: February 24, 2016 License No. , e 9656 i� *' •...•' * ���� �''i,i,,iOW P```,``N� My license renewal date is December 31, 2016 Pages or sheets covered by this seal: Special Conditions Division II SC-1 of 17 SPECIAL CONDITIONS ARTICLE 1 - Introduction 1 . 1 These special provisions are applicable to a water main replacement-- and/or extension project on public streets in Waterloo, Iowa, and are a part of the City of Waterloo F.Y. 2016 Street Reconstruction Program, Contract No. 898 . 1 . 2 The purpose of the project is to replace or extend certain water mains to serve properties along public streets in Waterloo, IA. 1 . 3 The contractor shall coordinate the water main installation work with all contractors or utility construction that is in any way allied to the entire project. 1 . 4 No change order or alteration in the water main replacement plans, specifications or contract documents will be made without the prior written approval of the Waterloo Water Works General Manager. 1 . 5 The following are standard specifications for the project, and shall be considered as part of the contract documents. Waterloo Water Works "Standard Specifications for Installation of — Water Main", dated August 22, 2007 Iowa Statewide Urban Design and Specifications (SUDAS) , current edition American Water Works AWWA Standards, current edition City of Waterloo Standard Specifications for Municipal Public Works Construction, City of Waterloo, Iowa Standard Specifications for Highway and Bridge Construction, Iowa Department of Transportation, Ames, Iowa, latest series and current_ revisions thereof 1 . 6 These special provisions contain statements that modify and supersede the standard specification referenced in the above Paragraph 1 . 5. Notes on the project plans supersede these special provisions and the standard specifications referenced in the above Paragraph 1 . 5. SC-2 of 17 1 . 7 The contractor shall insure all required barricades, fencing, delineators, and such additional safeguards, safety devices and protective equipment are erected and maintained, and take such actions as are reasonably necessary to protect the life and health of their employees, subcontractors, and the public in the vicinity of all construction work zones. The above referenced traffic control devices shall be in conformance with Part 6 of the Manual of Uniform Traffic Control Devices, current edition. 1 . 8 The contractor shall notify the respective utilities and/or City departments a minimum of forty-eight working hours in advance of commencing work on the project and to thereafter coordinate necessary adjustments and or relocations so as to eliminate delays and service interruptions . The contractor shall not be compensated for delays and/or extra costs due to conflicts with any utilities or water/sewer facilities unless noted otherwise. 1 . 9 All Division II bid items are exempted from consideration under the provisions of Section B, "Scope of Work, " Paragraph 7 of the "General Specifications for Construction" concerning the variance of the "As-Built" quantity of any Division II items by more than twenty (20%) from the estimated quantity specified in the contract. SC-3 of 17 ARTICLE 2 - Pipe and Accessories 2 . 1 Except where noted on the plans, all permanent pipe shall be new ductile iron slip joint Class 52 pipe as described in the "Standard-- Specifications for Installation of Water Main" and shall be supplied by the contractor. All ductile iron water mains shall be installed with polyethylene encasement per the ANSI/AWWA C105/A21 . 5 National Standard. The pipe and the polyethylene encasement shall be supplied by the Contractor. When lifting polyethylene-encased pipe, the contractor shall use a fabric-type sling or a suitably -� padded cable to prevent damage to the polyethylene. 2 .2 All permanent fittings, valves and pipe accessories shall be new material as described in the appendix of the "Standard Specifications for Installation of Water Main" and shall be supplied by the contractor. All fittings, valves, and pipe accessories shall be installed with polyethylene encasement per the ANSI/AWWA C105/A21 . 5 National Standard. The fittings, valves, polyethylene encasement, tracer wire, and pipe accessories are to be supplied by the Contractor. The Waterloo Water Works will make all side taps and corporation taps at no cost to the Contractor. Excavation, backfill, and compaction for side taps and corporation T taps are to be by Contractor. Megalug retainers shall be used on non-flanged connections at locations directed by the Engineer. 2 . 3 Except for at temporary street crossing pipe-ramp locations, all temporary surface water main pipe shall be 3-inch SDR 21 Polyvinyl Chloride (PVC) , meeting ASTM D2241 specifications. At the temporary street crossing pipe-ramp locations, the temporary water main in the pipe-ramp shall be 2-inch SDR 21 Polyvinyl Chloride (PVC) , meeting all of the specifications of the 3-inch PVC referenced in this section. The temporary water main shall be white in color with industry standard markings on the exterior. Joints in the temporary water main shall be PVC solvent weld joints, with primer. PVC fittings shall be Schedule 40 . Ball valves at service lines shall be of brass construction. Ball valves at the 2-inch feed line locations shall be of brass construction. Installation of PVC water main in temporary street crossing pipe drive over ramp locations shall be incidental to temporary PVC water main. SC-4 of 17 2. 4 In locations only as indicated on the plans, permanent new water main pipe shall be new C909 molecularly oriented Polyvinyl Chloride pressure pipe, conforming to AWWA Standard C909, pressure rating 200 or higher. All iron water main fittings shall be installed with polyethylene encasement per the ANSI/AWWA C105/A21 .5 National Standard. All pipe, fittings, bedding, tracer wire, and the polyethylene encasement shall be supplied by the Contractor. When lifting polyethylene-encased fittings, the contractor shall use a fabric-type sling or a suitably padded cable to prevent damage to the polyethylene. C909 PVC pipe shall be bedded as shown on the plans. Bedding shall be 1-inch clean limestone, with greater than 98% passing the 1-inch sieve and less than 2% passing the Number 200 sieve. All service connections for C909 pipe shall use pipe service saddles. Pipe service saddles shall be Smith-Blair 317 or approved equal, high strength ductile iron bodied saddles with two stainless steel straps . The saddle body shall be epoxy coated and shall be manufactured in accordance with AWWA C800. Each stainless steel strap shall have a stainless steel bolt, washer and nut on each end of the strap to connect it to the ductile iron saddle. SC-5 of 17 ARTICLE 3 - Modifications to Standard Specifications 3. 1 The Contractor shall, in the presence of a Waterloo Water Works inspector, make all connections to the existing system, cut existing pipes and remove plugs with extreme caution to prevent contamination. The Water Works will operate all valves necessary to shut off and reactivate its water lines . 3.2 Section 9-7 of the "Standard Specifications for Installation of Water Main" is hereby modified as shown on the drawings for separation from sewers and will be established by location provided to the Contractor in the field. 3. 3 Section 17 (Pressure Tests) and Section 19 (Sterilization) are modified to provide for chlorine tablets furnished by the Contractor to be inserted by the contractor at each pipe length, water filled for at least 24 hours, and flushed out by the contractor. The contractor shall dechlorinate all discharged chlorinated water as necessary to comply with the current requirements of the Iowa Department of Natural Resources. Both the temporary PVC surface water main and the new permanent water main shall be sterilized, satisfactorily tested for bacteria with two consecutive tests, satisfactorily pressure tested, and approved by the Waterloo Water Works before being placed in service. All work associated with this item shall be performed by the contractor, with the exception of sampling and testing the water for bacteria. The contractor will assist the owner in obtaining a representative sample of water for testing. Collecting and testing of the water samples will be performed by the Waterloo Water Works . Failure of a bacteria test shall cause the contractor to repeat the process until satisfactory results are obtained, at no additional cost to the Waterloo Water Works. After satisfactory bacteria tests are ^R obtained, the contractor shall pressurize and test the water main as directed in the "Standard Specifications for Installation of Water Main". 3. 4 Section 18-5 of the "Standard Specifications for Installation of Water Main" is hereby modified to delete the reference in the third paragraph which refers to lawn areas being restored with sod. Backfill will be as specified in Article 5 .2 of the Special Conditions . 3 . 5 Concrete blocking for thrust restraints shall be constructed at locations shown on the plans or as directed by the Engineer. SC-6 of 17 ARTICLE 4 - Measurement for Payment 4 . 1 Field measurements will be made to determine the actual quantity of materials installed to determine quantity for payment. 4 . 2 The installation of polyethylene encasement and connections to the existing system are incidental to the water main installation and will not be measured for payment. 4 . 3 Temporary PVC surface water main will be field measured for length to determine the quantity of PVC surface water main installed. Tees, 2x3 reducers, bushings, brass ball valves and other fittings for service lines will not be measured for payment but will be considered incidental to the unit bid price for the temporary PVC water main. Connections to each end of the temperary PVC water main, including but not limited to 2-inch corporations, saddles, 2- inch copper pipe, 2-inch brass ball valve, compression couplings, and other necessary fittings, will not be measured for payment but shall be considered incidental to the unit bid price for the temporary PVC water main. The contractor shall install one additional tee, 2-inch brass ball valve with cap, and other necessary fittings at each end of each section of the temporary PVC surface water main for use exclusively by the Waterloo Water Works. Removal of the temporary PVC surface water main will not be measured for payment and shall be included in the bid price for temporary PVC surface water main. Sterilization, consecutive bacteria testing, and pressure testing shall be incidental to the temporary PVC surface water main. Installation of PVC water main in temporary street crossing pipe drive over ramp locations shall be incidental to temporary PVC water main. 4 . 4 Short side water services will be counted to determine the actual quantity installed to determine quantity for payment. The bid item shall include all costs to excavate and disconnect the existing house service lines from the old water main; to reconnect the service lines to the temporary water main; and to disconnect the house service lines from the temporary PVC water main. The bid item shall also include all costs to connect a new service line to the new water main; to install the new service line from the corporation to the new curb stop; to install and connect a curb stop and pave box with a stainless steel rod; and to install new service pipe as necessary to connect the curb stop to the existing service line. Corporations, service saddles where required, temporary service pipe extensions as necessary, permanent copper service pipe from the corporation to the curb stop, curb stops, pave boxes with stainless steel rods, copper service pipe as necessary from the curb stop to the existing service line, and couplings shall not be measured for payment but will be SC-7 of 17 considered incidental to the unit price for "short side water services". Bid price shall include all labor, equipment, excavation, compaction, and material needed for installation. 4 . 5 Long side water services will be counted to determine the actual quantity installed to determine quantity for payment. The bid item shall include all costs to excavate and disconnect the existing house service lines from the old water main; to reconnect the service lines to the temporary water main; and to disconnect the house service lines from the temporary PVC water main. The bid item shall also include all costs to connect a new service line to the new water main; to install the new service line from the corporation to the new curb stop; to install and connect a curb stop and pave box with stainless steel rod; and to install new T service pipe as necessary to connect the curb stop to the existing service line. Corporations, service saddles where required, temporary service pipe extensions as necessary, permanent copper service pipe from the corporation to the curb stop, curb stop, pave boxes with stainless steel rods, copper service pipe as necessary from the curb stop to the existing service line, and couplings _ shall not be measured for payment but will be considered incidental to the unit price for "long side water service". Bid price shall include all labor, equipment, excavation, compaction, and material needed for installation. 4 . 6 At locations directed by the Engineer, temporary drive-over protection locations of the temporary PVC surface water main will be counted for payment. The bid item amount shall include all costs to construct the drive over protection of durable and T sufficient material to bridge over the temporary water main without damage to the temporary water main or to the vehicle passing over the temporary protection, with barricades on each side of the temporary drive-over protection. Bid price shall include all labor, equipment, excavation, compaction, barricades, and material needed for installation. Any damage to the temporary main due to inadequate drive-over protection shall be promptly repaired by the contractor at no additional cost to the Waterloo Water Works. 4 .7 Permanent ductile iron water main or permanent C909 PVC water main -- will be field measured for length to determine the quantity installed. Bedding as specified, polyethylene encasement and connections to the existing system are incidental to the water main installation and will not be measured for payment. Bid price shall include all labor, equipment, excavation, compaction, and material needed for installation. Sterilization, consecutive bacteria testing, and pressure testing shall be incidental to the permanent ductile iron or permanent C909 PVC water main. SC-8 of 17 4 . 8 Ductile iron fittings and gate valves with road boxes will be field counted to determine the actual quantity installed at locations shown on the plans or as directed by the Engineer. Polyethylene encasement is incidental to fittings bid items and gate valves with road box bid items, and will not be measured for payment. Bid price shall include all labor, equipment, excavation, compaction, and material needed for installation. 4 . 9 Concrete blocking will be field counted to determine the actual quantity installed at locations shown on the plans or as directed by the Engineer. Bid price shall include all labor, equipment, excavation, compaction, and material needed for installation. Concrete blocking for fire hydrants and tees for new or relocated hydrants are not included in the quantity for this item and are incidental to the fire hydrant bid item. 4 . 10 Megalugs will be field counted to determine the actual quantity installed at locations shown on the plans or as directed by the Engineer. Bid price shall include all labor, equipment, excavation, compaction, and material needed for installation. 4 . 11 Removal of temporary PVC surface water main connections to the ductile iron water main will be field counted to determine the actual quantity removed. This item includes removal of the 2-inch corporation, and repairing the water main with a 6", 8" or 12" by 12" Smith Blair #261 repair clamp. Bid price shall include all labor, equipment, excavation, compaction, and material needed for removal of the connection and installation of the repair clamp. 4 . 12 Water main removal will be field measured to determine the actual quantity removed. Bid price shall include all labor, equipment, excavation, compaction, and material needed for removal . Removal of fittings, valves and appurtenances shall be incidental to removal of the water main and will not be measured for payment. The contractor shall deliver the removed water main, fittings, valves, and appurtenances to a site in the City of Waterloo as designated by the Waterloo Water Works . 4 . 13 Hydrant removal will be field counted to determine the actual quantity removed. Bid price shall include all labor, equipment, excavation, compaction, and material needed for removal . The contractor shall deliver the removed hydrants and fittings to a site in the City of Waterloo as designated by the Waterloo Water Works . SC-9 of 17 4 . 14 Hydrant assemblies will be field counted to determine the actual quantity installed. Bid price shall include all labor, equipment, excavation, compaction, and material, including two thrust blocks, as needed for installation. 4 . 15 Temporary hydrants will be field counted to determine the actual quantity installed and removed. Bid price shall include all labor, equipment, excavation, compaction, and material, including two thrust blocks, as needed for installation and for removal . 4 . 16 Offsets will be field counted to determine the actual quantity installed at locations shown on the plans or as directed by the Engineer. Offsets used to adjust hydrant elevations are included in the bid price for hydrant assembly and will not be separately measured for payment. Bid price shall include all labor, equipment, excavation, compaction, and material needed for installation. SC-10 of 17 ARTICLE 5 - Pipe Installation and Backfill 5. 1 All water main pipe shall be laid to a minimum depth that provides six feet (6.0' ) of cover after the road construction is completed. 5.2 The contractor shall backfill and compact ditches in the right-of- way as required by the Waterloo City Engineer and the Waterloo Water Works. All excavations that cross paving or are within 6 feet of paving, buildings, or other surface improvements shall be compacted to a minimum of 95% of Standard Proctor Density at -2% to +4% of optimum moisture and to a minimum of 90% in all other areas . 5. 3 Contractor shall confine construction equipment, the storage of materials and equipment and the operations of workmen to public property as provided or permitted by law, ordinances, permits or the contract documents. If private property is used, the Contractor shall make arrangements for use of land and pay for damages done to the occupied property. The Contractor shall promptly clean up all excavation material, excess concrete, and unused materials. The Contractor shall restore surface features .z, and structures to conditions which existed prior to construction. For areas damaged outside of construction limits, restoration of damaged landscape work such as trees, shrubs, and grass shall be to original condition or better, at no additional cost to the Waterloo Water Works. Fence repair shall be incidental to the contract. 5. 4 Surface restoration for all areas that are disturbed for construction of water main, in areas not scheduled for other surface improvements, shall be restored as described in this Article. Surface restoration, in all areas disturbed by Division II construction, shall include providing a finished subgrade elevation suitable for placement of a 4-inch thick topsoil layer. Surface restoration shall also include placement of a 4-inch thick topsoil layer in all areas. In the three-foot wide area behind back of curb in areas immediately adjacent to new street construction, the provisions of this article regarding the placement of the 4-inch thick topsoil layer do not apply. Furnishing and placing topsoil shall be in compliance with all conditions and specifications of the Division I Street Reconstruction project. All surface restoration applicable to this Special Provision Article will not be measured for payment, but shall be incidental to the new water main items. The contractor shall restore all disturbed surface areas. Areas disturbed outside of construction limits shall be restored as specified by this provision and as in Special Provision Article 5.3. Surface restoration will not be measured for payment, but shall be considered incidental to other water main items. SC-11 of 17 ARTICLE 6 - Contractors Work Schedule 6. 1 The water main contractor shall coordinate their work with the other contractors working in the project area to expedite the water main installation project and the road construction project. 6.2 The existing water main and house services shall remain in service until such time as the temporary surface water main or the new ductile iron main is satisfactorily completed, tested and approved by the Waterloo Water Works . All water mains, both temporary and permanent shall be sterilized, consecutive bacteria tested, and pressure tested prior to being placed in service. Interruption of house services will only be permitted for the shortest time possible during disconnection from the existing main and reconnection to the temporary main or disconnection from the temporary main and reconnection to the new main. SC-13 of 17 ARTICLE 7 - Description of Work 7 . 1 The following is a general description of the work to be performed. The plans and other sections of these documents provide additional details. When a work sequence is described or suggested, it is intended as assistance to the Contractor and may be altered as the Contractor sees fit or altered by other construction work, subject to approval by the Waterloo Water Works. The Contractor shall coordinate their work and schedule with other Contractors and Utilities on the work site. 7 .2 The Contractor shall install the water mains, fittings, valves, and accessories as shown on the plans and as directed by an authorized ,-- representative of the Waterloo Water Works. The plans and other sections of these documents provide additional details. 7 . 3 All ductile iron water mains, fittings, valves, and pipe accessories shall be installed with polyethylene encasement per the ANSI/AWWA C105/A21 . 5 National Standard. 7 . 4 The project includes installation of new water main in approximately the same location as the existing water main. The existing water main and house services shall remain in service until such time as the temporary PVC surface water main or the new main is satisfactorily completed, tested and approved by the Waterloo Water Works . All water mains, both temporary and permanent, shall be pressure tested and bacteria tested prior to being placed in service. Interruption of house services will only be permitted for the shortest time possible during disconnection from the existing main and reconnection to the temporary main or disconnection from the temporary water main and reconnection to the new water main. 7 . 5 The contractor shall install a temporary PVC surface water main in the locations shown on the project plans . Whenever possible, water— shall be fed to both ends of the temporary main by means of a 2- inch copper service line tapped into the existing water main system. The Waterloo Water Works will tap the existing water main, -- at no charge to the contractor. The contractor will furnish and install the 2-inch corporation, saddle, 2-inch brass ball valve, and adequate length of 2-inch copper pipe to tie into the temporary— PVC surface water main. The cost of providing and installing the 2-inch corporation, 2-inch brass ball valve, and 2-inch copper service pipe shall be incidental to the cost of the temporary PVC surface water main. SC-14 of 17 l es he contractor shall provide and install brass 2-inch ball fulvher a at each end of each length of � • 6 T temporary PVC water main,shown on the plans . The contractor will also provide and install a brass ball valve, and fittings to connect the — service tee, service line. temporary PVC water main to the property PVC water main shall be protected with type 1 7 .7 The temporary barricades, placed over the temporarymain at 25-foot intervals. Additional barricades shall be provided at driveways, sidewalks, streets, and other critical locations to protect the temporary PVC water main. The 2-inch brass ball valves ataexcavationsf afor length of the temporary PVC water and all openwith — connections to the PVC water mains icadingbandefencingfascdescribed orange plastic safety fence. Barr in this paragraph shall be incidental to the temporary PVC surface water main. 7 .8 After the temporary PVC surface water main is satisfactorily completed, sterilized, consecutive bacteria tested, p - ressur the Waterloo Water Works, the contractor tested, and approved by house service shall carefully excavate andand reconoectct thethe housesservices to the lines from the old main temporary additional length of service line shall be provided by temporary PVC water main. Any usingpcopper service line or temporary PEX line of the same sizein as the lenexisting gth of hservice e cline. e line Any costs associated with extend g to the temporary PVC water main shall be incidental to the service line bid item. — 7 . 9 After the new water main is satisfactorily completed, sterilized, consecutive bacteria tested, pressure tested, and approved by the Waterloo Water Works, the contractor shall disconnect the existing service lines from the temporary PVC surface water main annddpee p to the new water main. reccyonnect the property service linesservice lines from the — The disconnection of the existing property old water main, the connection of the service lines to the temporary PVC water main, and the reconnection eofothedY property service lines to the new water main shall bebpy rho City of flicensed and bonded master plumber approved Waterloo. The Water Works will makeconercorporator. ion taps indthe and new water main, at no charge to the + lumber approved by the City of Waterloo shall sign bonded master per up for the water main taps at the Waterloo WatervWorksioffine ce, in prior to the Waterloo Water Works malabor and equipment to remove king hethe new water main. All materials, and reinstall the existing service lines shall be incidental to the service line bid item, including, but not limited to new - SC-15 of 17 corporation, coupling, and Piping. No separatepayment maintaining and protectin atrmainsl bed house services duringg the existing water and Bode services,e installation of the new water main. the contractor shall furnish and install a now short corporation, copper service pipe from the corporation to the new curb stop, curb stop, pave box with stainless steel rod, copper service pipe as necessary from the curb stop customer service line necessary to the existing water main, couplings, and reconnect to the new"' contractorshalluaurgishlandwinstallals. On long side corperes, service pipe from the corporation to the enew w ocurb aston pave box with stainless steel rod copper from the curb stope sc nerb stop, to the existing customereservicelline, necessary necessary couplings, and reconnect to the new water main, including materials. All service line fittings shall beconductive, all new compression type fittings. 7. 10 The contractor shall install one additional tee, fittin inch brass ball valve with ca gs, and �- of ech temporary PVC surface water main tforcuseend exclusively byith of the Waterloo Water Works . All costs associated with the end teee s, ball valves and fittings shall be incidental to the temporary surface water main. PVC 7. 12 The contractor shall remove the old water main, fittings, as the new ductile iron water main is installed. g ' and valve: shall deliver the old ductile iron main, fittings, Thean valvesc to site in the City of Waterloo as designated by g and o er a Works. the Waterloo Water 7. 13 At locations directed bydrive-over the Engineer, the contractor shall provide shall be copstructednofo the durablemandary suffacer main. The protection over the temporary water main without damage ntot m the rtem temial to porary t main or to the vehicle passingeP y water damage to the temporary main due toinadequatetemporadriry ve-over1on. Any protection shall be promptly repaired by additional cost to the Waterloo Water Workse contractor at no 7. 14 Surface restoration shall be in compliance with Special Provision Article 5. 4 . Surface restoration will not be measured for payment but shall be incidental to the new ductile iron water main items. The contractor shall restore all surfaces disturbed by Division II , construction. 7. 15 The Contractor shall use extreme caution when working around shall obtain locations of all utilities that maya Contractor's work. be affected band d the SC-16 of 17 7. 16 All fittings located at changes in direction of the water main shall be installed with mega-lugs as directed by the Waterloo Water Works . Concrete blocking shall be installed, at locations shown on the plans or as directed by the Engineer, and as described in the "Standard Specifications for Installation of Water Main" . 7 . 17 All hydrants shall be installed per drawing No. 5020 . 1 of the "Standard Specifications for Installation of Water Main" . Complete hydrant assemblies shall consist of the following: 1 Ea. 6' x 5 1/4" MJ Hydrant 1 Ea. MJ Anchoring Tee 1 Ea. 6" MJ Valve 1 Road Box Complete 1 6" by 24" to 60" Anchor Pipe, length to by field determined 2 Concrete thrust blocks 1 Gravel and solid concrete block for drainage and base 1 Polyethylene cover on top of gravel drainage rock 1 Ea. Tracer wire access box 1 Ea. 6" offset, if required 1 Ea. Hydrant flag, RoDon 5-foot Hydrafinder with flat bracket, or approved equal . Hydrants shall be set to grade so that the break-away flange is 3- inches above finish grade, +/- 1-inch. The use of an offset may be required to properly set the hydrant to the specified grade. The following are approved hydrant manufacturers and models for this project: Waterous WB67 with factory applied epoxy paint in "Safety Blue", without chains on the caps . 7. 18 Mailboxes shall be protected or promptly removed and reset as necessary. No separate payment will be made. This work shall be incidental to other items. SC-17 of 17 GENERAL SPECIFICATIONS FOR CONSTRUCTION CITY OF WATERLOO, IOWA Department of Engineering SECTION A - Definitions of Terms SECTION B - Scope of work SECTION C - Control of Materials and Work SECTION D - Procedure and Progress SECTION E - Measurements and Payments SECTION F - Legal Relations and Responsibility SECTION A - DEFINITIONS OF TERMS 1. CITY. The City of Waterloo, Iowa, which is the Party of the First Part of the accompanying contract, acting through its authorized representative. 2. COUNCIL. The duly elected Council of the City of Waterloo, Iowa. 3. ENGINEER. The City Engineer of Waterloo, Iowa, or his authorized representative. 4. INSPECTOR. The authorized representative of the Engineer, assigned to the detailed inspection of the work or materials therefor and to such other duties as may be delegated to him in these specifications. 5. CONTRACTOR. The Party of the Second Part in the accompanying contract for the improvement covered by these specifications, or his authorized representative. 6. SUBCONTRACTOR. Any person, firm, or corporation who has, with the approval of the Council, contracted with the Contractor to execute and perform in his stead all or any part of the contract. 7. BIDDER. Any individual, firm, or corporation submitting a proposal for all or a part of the work provided for in these specifications. 8. PROPOSAL GUARANTEE. The security designed in the Notice of Bidders or Proposal to be furnished by the bidder as a guarantee of good faith to enter into a contract and furnish an acceptable bond for the work contemplated if it be awarded him. 9. SURETY. The corporate body bound with and for the Contractor for the acceptable performance of the contract. GENERAL SPECS Page 1 of 18 10. PROPOSAL. The written Proposal, submitted by the bidder in the prescribed manner and on the standard form, for the improvements covered by these specifications. 11. SPECIFICATIONS. The documents that set forth the manner in which the proposed work is to be accomplished which have been prepared by the Engineer and approved by the City Council, official copies of which are now on file with the City Clerk. 12. SPECIAL PROVISIONS. Clauses or memoranda not contained herein, applying to the contract of which these specifications are a part, which change or supplement these specifications. 13. CONTRACT. The agreement entered into between the City and the Contractor, setting forth the terms under which the work covered by the plans and specifications is to be performed. The contract includes all conditions, definitions, and instructions set forth in the official publications relating to the work, the official contract and specifications, the Proposal, official plans, and all supplemental agreements entered into by the parties to the contract. 14. NOTICE TO BIDDERS. The notice called attention of bidders to the time and place for receiving bids, containing a brief description of the work, and briefly setting forth the requirements and conditions for submission of Proposals. 15. INSTRUCTIONS TO BIDDERS. The clauses setting forth in detail the information relative to the proposed work and requirements for the submission of Proposals. 16. PLANS. The plans for the improvement covered by the specifications and approved by the Council, official copies of which are on file with the City Clerk. 17. CONTRACT BOND. The bond executed by the Contractor and his surety in favor of the City of Waterloo, Iowa, guaranteeing the complete execution of the contract in accordance with the plans and specifications, the payment of all debts pertaining to the work, and maintenance of the work as provided by law or by the specifications. 18. CONTRACT PERIOD. The period from the specified date for beginning the work to the specified date of completion, both dates inclusive. The contract period may be extended by the Council, as provided in these specifications, in which event the contract period includes the new date of completion. 19. OFFICIAL PUBLICATIONS. The official publications are the formal resolutions and notices relative to the proposed improvement that are required by law to be published in a prescribed manner and that have actually GENERAL SPECS Page 2 of 18 been published in accordance with the statutes relating thereto. Attention is directed to the fact that these official publications are by statute vested with all of the force and effect of contract obligations. 20. A.S.T.M. Abbreviation for American Society for Testing Materials. 21. WORK. The term "Work" of the Contractor and Subcontractor includes labor or materials or both, equipment, transportation, or other facilities necessary to complete the contract. 22. TIME. All time limits stated in the contract documents are of the essence in the contract. SECTION B - SCOPE OF WORK 1. CORRELATION AND INTENT OF DOCUMENTS. The Contract documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the documents is to include all labor, materials, equipment, and transportation necessary for the proper execution of the work. Materials or work described in words which, so applied, have a well-known technical or trade meaning shall be held to refer to such recognized standard. 2. DRAWINGS AND SPECIFICATIONS. Unless otherwise provided in the contract documents, the engineer shall furnish to the Contractor, free of charge, all copies of drawings and specifications reasonably necessary for the execution of the work. The Contractor shall keep one (1) copy of all drawings and specifications on the work available to the Engineer and to his representatives. 3. CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature, character and location of the work, the conformance to the ground, the character, quality, and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can, in any way, affect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the City, either before or after the execution of the Contract, shall affect or modify any of the terms or obligations herein contained. 4. REPORTING ERRORS AND DISCREPANCIES. If the Contractor, in the course of the work, finds any discrepancies between the plans and the physical conditions of the locality, or any errors of omission in plans or in the layout as given by said stakes and instructions, it shall be his duty to inform the GENERAL SPECS Page 3 of 18 Engineer immediately, in writing, and the Engineer shall promptly correct the same. 5. ALTERATION OR CORRECTION OF PLANS. The plans are made up from surveys that are presumably correct and represent the foreseen construction requirements. Any modification of the plans which may be required by the exigencies of the construction or any corrections made necessary because of errors in the original surveys, will be made by the Engineer. Should corrections or modifications of the plans or specifications require a different quality or class of work than that upon which the unit prices in the Proposal are based, or if the modifications or corrections are required in parts of the work partially completed and such modifications result in an increased cost to the Contractor, the amount to be paid for work resulting from such changes shall be agreed upon in writing at the time the changes are ordered and before the work is begun by the Contractor. No allowance will be made for anticipated profits on work not performed. 6. CHANGES IN THE WORK. The City, without invalidating the contract, may order extra work or make changes by altering, adding to, or deducting from the work, the contract sum being adjusted by agreement or arbitration before such changed work is undertaken. All such work shall be executed under the conditions of the original contract, except that any claim for extension of time caused thereby shall be adjusted at the time of ordering such change. 7. INCREASED OR DECREASED QUANTITIES. The right is reserved without impairing the contract, to order the performance of such work of a class not contemplated in the Proposal or to increase or decrease the quantities as may be considered necessary to complete fully and satisfactorily the work included in the contract. However, when the work is completed without change in the plans, and the measured quantity of any item of work varies by more than twenty percent (20%) from the estimated quantity specified in the contract, an adjustment in price may be made for such item of work by agreement between the Engineer and the Contractor, subject to the approval of the City Council. Either party to the contract may request such an adjustment. 8. LANDS AND RIGHT OF WAY. The City shall provide the lands upon which the work under this contract is to be done, except that the Contractor shall provide land required for the erection of temporary construction facilities and storage of his material, together with the right of access to same. 9. CITY WATER. The Contractor shall be allowed to use City Water but before any water is used, he shall make application to the Waterloo Water Works for a temporary water connection from a fire hydrant or by some other connection method. Water usage will be charged at the rate for temporary water service. The rules, regulations, and water rates are available at the Waterloo Water Works offices at 325 Sycamore Street or their telephone number is 319- 232-6280. GENERAL SPECS Page 4 of 18 10. RIGHTS OF VARIOUS INTERESTS. Whenever work being done by the City's forces or by other Contractors is contiguous to work covered by this contract, the respective rights of the various interests involved shall be established by the Engineer to secure the completion of the various portions of the work in general harmony. 11. CLOSING STREETS TO TRAFFIC. The Engineer shall be the judge of how many streets or parts of streets it is necessary for the Contractor to close at any time and may refuse to permit the closing of additional streets until such of the work is finished and opened to traffic as he may direct. 12. OBSTRUCTION OF STREETS. The work is to be carried on in such manner as to obstruct the streets, highways, and alleys as little as possible. The Contractor shall carry on the different parts of the work so as to complete the whole, as nearly as practicable, at the same time. In doing the work, the Contractor shall follow the directions of the Engineer as to the place or places where work shall be started or be carried on and the direction in which it shall be done. 13. SHANTIES AND BUILDINGS. Shanties or other buildings shall not be erected in or upon any street, highway, or alley without permission of the Engineer. If such permission be granted, it may be upon any reasonable terms prescribed by the person or body granting such permission. 14. SANITARY CONVENIENCES. The Contractor shall furnish the necessary sanitary conveniences, properly secluded, for the laborers on the work, and these shall be maintained in a manner that will be inoffensive to the public. 15. CLEANING UP. The Contractor shall, as directed by the Engineer, remove from the City's property and from all public and private property, at his own expense, all temporary structures, rubbish, and waste materials resulting from his operations before work can be considered completed. The Contractor shall also renew or replace any and all fences, sidewalks, or other property damaged or disturbed by his work. 16. OMISSION OF PARTS OF GENERAL SPECIFICATIONS. Parts of the General Specifications deemed not to apply to some particular work may be omitted by special reference in other parts of the contract documents. SECTION C - CONTROL OF MATERIALS AND WORK 1. SUPERVISION AND INSPECTION. The Engineer shall have supervision of the construction provided for in this Contract and shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, manner of performance, rate of progress on the work, and all questions regarding the acceptable fulfillment of the terms of the Contract,. GENERAL SPECS Page 5 of 18 Materials and construction work shall, at all times, be subject to the inspection of the Engineer or his representatives. The Contractor shall be held strictly to the true intent of these specifications as regards the quality of materials, workmanship, and the diligent prosecution of the work. The Engineer and his representatives shall, at all times, have access to the work wherever it is in preparation of progress, and the Contractor shall provide proper facilities for such access and for inspection. If the specifications, the Engineer's instructions, law ordinances, or any public authority require any work and/or materials to be especially tested or approved, the Contractor shall give the Engineer timely notice of readiness for inspection. If the inspection is to be made by authority other than the Engineer, the Contractor shall notify the engineer of the date fixed for inspection. Inspections by the Engineer will be promptly made and, where practicable, at the source of supply. If any work should be covered up without the approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination at the Contractor's expense. Re-examination of questioned work may be ordered by the Engineer, and, if so ordered, the work must be uncovered by the Contractor. If such work be found in accordance with the Contract, the City shall pay the cost of re- examination and replacement. If such work be found not in accordance with the Contract, the Contractor shall pay such cost unless he shall show that the defect in the work was caused by another Contractor, and, in that event, the City shall pay the cost. 2. AUTHORITIES AND DUTIES OF INSPECTORS. Inspectors may be stationed on the work to report to the Engineer as to the progress of the work and the manner in which it is being performed; also, to report whenever it appears that materials furnished and work performed by the Contractor fail to fulfill the requirements of the specifications and Contract, and to direct the attention of the Contractor to such failure or infringement; but such inspection shall not relieve the Contractor from any obligations to furnish acceptable materials or to provide completed construction that is satisfactory in every particular. In case of any dispute arising between the Inspector and the Contractor as to materials furnished or the manner of performing the work, the Inspector shall have the authority to reject materials or suspend the work until the question at issue can be referred to and decided by the Engineer. Inspectors are not authorized to revoke, alter, enlarge, relax, or release any requirements of these specifications. The Inspector shall, in no case, act as foreman or perform other duties for the Contractor, or interfere with the management of the work by the latter. - GENERAL SPECS Page 6 of 18 3. STATUS OF THE ENGINEER. The Engineer shall have general supervision and direction of the work. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. He shall also have authority to reject any work and/or materials which do not conform to the specifications, to direct the application of forces to any portion of the work as, in his judgment, is required, and to order the force increased or diminished, and to decide questions which arise in the execution of the work. 4. ENGINEER'S DECISIONS. The Engineer shall, within a reasonable time, make decisions on all claims of the Contractor and on all other matters relating to the execution and progress of the work or the interpretation of the contract documents. All such decisions of the Engineer shall be final except as to the element of time and financial consideration involved, which, if no agreement in regard thereto is reached, shall be subject to arbitration. 5. STAKES AND INSTRUCTIONS. The Contractor shall provide reasonable and necessary opportunities and facilities for setting stakes and making measurements. The Contractor shall not furnish stakes or men to set them. He shall not proceed until he has received from the Engineer such stakes and instructions as may be necessary to the progress of the work. The Contractor shall carefully preserve bench marks, reference points, and stakes, and in case of willful or careless destruction, he shall be charged with the resulting extra expense and shall be responsible for any mistakes that may be caused, by their loss or disturbance. 6. SUPERINTENDENCE. The Contractor shall keep on his work during its progress a competent superintendent and any necessary assistants, all satisfactory to the Engineer. The Superintendent shall not be changed except with the consent of the Engineer, unless the Superintendent proves to be unsatisfactory to the Contractor and ceases to be in his employ. The Superintendent shall represent the Contractor in his absence, and all directions given to him shall be as binding as if given to the Contractor. Important decisions shall be confirmed in writing to the Contractor. Other directions shall be so confirmed on written request in each case. The Contractor shall give efficient supervision to the work using his best skill and attention. He shall carefully study and compare all drawings, specifications, and other instructions, and shall report at once to the Engineer any error, inconsistency, or omission which he may discover. 7. REMOVAL OF UNAUTHORIZED WORK. Work done without lines and grade being give, work done beyond lines shown on the plans or as given, except as herein provided, or any extra or additional work done without authority, will be considered as unauthorized and at the expense of the Contractor and will GENERAL SPECS Page 7 of 18 not be paid for under the provisions of the Contract. Work so done may be ordered removed and replaced at the Contractor's expense. 8. REMOVAL OF DEFECTIVE MATERIALS OR WORK. The Contractor shall promptly remove from the premises all materials condemned by the engineer as failing to conform to the Contract; whether incorporated in the work or not, and the Contractor shall promptly replace and re-execute his own work in accordance with the contract and without expense to the City, and shall bear the expense of making good all work of other Contractors destroyed or damaged by such removal or replacement. If the Contractor does not remove such condemned work and materials within a reasonable time, fixed by written notice, the City may remove them and may store the material at the expense of the Contractor. If the Contractor does not pay the expense of such removal within a reasonable time thereafter, the City may, upon ten (10) days' written notice, sell such materials at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs and expense that should have been borne by the Contractor; or, if the net proceeds of such sale are insufficient to pay the expenses of removal, the City may deduct the balance from any amounts due the Contractor. 9. MATERIALS, EQUIPMENT, APPLIANCES, AND FACILITIES. Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation, and other facilities necessary for the execution and completion of the work. Materials shall be of the quality specified for each particular part of the work. Whenever, in construction of the work or in the manufacture of any article of appliance necessary for the construction or operation of the work, it is necessary to use any material that is not fully specified in these specifications, it shall be of good quality and shall meet with the approval of the Engineer. Any appliance that is necessary for the construction or operation of the work and is commonly recognized as a part of the work, shall be furnished by the Contractor as part of the work, whether or not it is specifically called for in the plans and specifications, and such appliance shall be of good quality and standard make and shall meet with the approval of the Engineer. 10. MATERIAL SAMPLES. Before the contract is awarded, the bidder may be required to furnish a statement of the origin, composition, and manufacture of any and all materials proposed for use in the performance of the Contract, together with samples of the material. These samples will be considered as representative and typical of the material to be obtained from any particular source. 11. CHARACTER OF WORKMEN AND EQUIPMENT. The Contractor shall employ competent and efficient workmen for every kind of work. Any person employed on the work who shall refuse or neglect to obey the directions GENERAL SPECS Page 8 of 18 of the engineer or Inspector, or who shall be deemed incompetent or disorderly, or who shall commit trespass upon public or private property in the vicinity of the work, shall be dismissed when the Engineer so orders, and shall not be re- employed unless express permission be given by the Engineer. The Contractor shall, at all times, enforce discipline and good order among his employees. The methods, equipment, and appliances used on the work, and the labor employed, shall be such as will produce a satisfactory be adequate to complete the contract within the specified time limitwork and shall 12. HIRING CITY EMPLOYEES. The Contractor shall not employ and hire any of the City's employees without the permission of the Engineer. 13. LABOR. Local labor shall be given preferences so far as practicable. 14. THE CITY'S RIGHT TO DO WORK. If the Contractor should neglect to prosecute the work properly or fail to perform any provision of this Contract, the City of Waterloo, after three (3) days' written notice to the Contractor may, without prejudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor, provided, however, that the Engineer shall approve both such action and the amount charged to the Contractor. SECTION D - PROCEDURE AND PROGRESS 1. ORDER OF COMPLETION - USE OF COMPLETED PORTIONS. The Contractor shall complete any portion or portions of the work in such order or time as the Engineer may require. The City shall have the right to take possession of an use completed or partially completed portion of the work at any time, but such taking possession and use shall not be deemed an acceptance of work so taken or used, or any part thereof. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation or extension of time, or both, as the Engineer may determine. 2. WEATHER. During stormy or inclement weather, all work shall be suspended, except such as can be done in an acceptable manner. Permission to work during freezing, stormy, or inclement weather shall in no way be construed as a release of the Contractor's responsibility regarding the quality of the finished work at such time. 3. SUNDAYS AND LEGAL HOLIDAYS. Except for such work as may be required to properly maintain or protect completed or partially completed construction or to maintain lights and barricades, no work will be permitted on Sundays or legal holidays without specific permission of the Engineer. GENERAL SPECS Page 9 of 18 4. DELAYS AND EXTENSION OF TIME. If the of Contractor ntra for be delayed in the completion of the work by an act of neglect its employees; or by any other Contractor employed by the City; or by changes ordered in the work; or by strikes, lockouts, fire, unusual delays in transportation, unavoidable casualties, or any cause beyond the Contractor's control; or by delay authorized by the Engineer pending arbitration; or by any cause which the Engineer shall decide justifies the delay, then the time of completion shall be extended for such reasonable time as the Engineer may decide will compensate for such delay. No such extension shall be made for delay occurring more t tanhe thirty y 30) days before claim therefor is made in writing to the Engineer. In f a continuing cause of delay, only one claim is necessary. This article does not exclude the recovery of damages for delay by either party under provisions in the contract documents. 5. TEMPORARY SUSPENSION OF WORK. The Engineer shall have authority to suspend the work, wholly or in part, for such period or periods of time as he may deem necessary, due to unsuitable weather or such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time as is necessary due to ona thefailureof the the hetContractor to carry out orders given or to perform any or all pro 6. NOTICES - HOW SERVED. Any notice to be given by the City to the Contractor under this contract shall be deemed to be served if the same be delivered to the man in charge of any office used by the Contractor or his foreman or agent at or near the work, or deposited in the post office, postpaid, addressed to the Contractor at his last known place of business. 7. PROGRESS OF WORK. The progress of the work shall be such that, at the expiration of one-fourth (1/4) of the contract period, one-eighth (1/8) of the work shall be completed; at the expiration of one-half (1/2) of the contract period, three-eighths (3/8) of the work shall be completed; at the pithtion of s (3/4) three-fourths (3/4) of whole wk shall be completed athe expiration of the contract the theshall be bt three-fo completed, and the contract period. If, at any time the above schedule is not being maintained, the Council may give written notice to the Contractor and his sureties that the specifications are not being complied with. Such notice shall state what action on the part of the Contractor is required to bring the work within the requirements of the specifications. If the Contractor fails, within ten (10) days, to proceed as directed in the said notice, then the Council shall have authority to annul this contract without process or action at law and take over the prosecution and completion of the work, as provided under the article covering City's right to terminate contract. Page 10 of 18 GENERAL SPECS 8. CITY'S RIGHT TO TERMINATE CONTRACT. If the Contractor should be adjudged a bankrupt; or if he should make a general assignment for the benefit of this creditor; or if a Receiver should be appointed on account of his insolvency; or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough skilled workmen or proper materials; or if he should fail to make prompt payment to Subcontractors or for materials or labor; or if he should persistently disregard laws, ordinances, or the instructions of the Engineer; or if he should otherwise be guilty of a substantial violation of any provision of the contract, then the City, upon the certificate of the Engineer that sufficient cause exists to justify such action, may, without prejudice to any other rights or remedy, and after giving the Contractor seven (7) days' written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances thereon and finish the work by whatever method he may deem expedient. In such cases, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expenses of finishing the work, including compensation for additional managerial and administration services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the City. The expense incurred by the City as herein provided and the damage incurred through the Contractor's default shall be certified by the Engineer. 9. REMOVAL OF EQUIPMENT. In the case of annulment of this contract before completion, from any cause whatsoever, the Contractor, if notified to do so by the City; shall promptly remove any part or all of his equipment and supplies from the property of the City, failing which, the City shall have the right to remove such equipment and supplies at the expense of the Contractor. SECTION E - MEASUREMENTS AND PAYMENT 1. STANDARD OF MEASUREMENT. All work completed under the contract shall be measured by the Engineer according to the United States standard measures. 2. SCOPE OF PAYMENTS. The Engineer's measurements of quantities shall be the basis for final payment for the work performed under this Contract. After the work is completed, the Engineer will make measurements and computations of the number of units of each of the various items of work completed, and the Contractor will be paid for the actual amount of work performed at the rates specified in his Proposal. Before final settlement is made, the Council may require the Contractor to submit a list of all persons furnishin labor or materials, with evidence that such l. persons have been paid in full. GENERAL SPECS Page 11 of 18 Payment shall be made in the manner set forth in official publications and Council Proceedings relative thereto. 3. PAYMENT FOR EXTRA WO armed by the Such ya Contractor shall work as may abe been ordered by the Engineer and p compensated for as provided herein. If work i bebe done or materials are classified under unit p�es be furnished by the Contractor which cannot properly included in the Proposal, the Contractor shall ri be aid �n such work) r the actual ente reasonable cost of the labor and materials g permanently plus fifteen percent (15%) of the cost thereof. included: computing the labor cost on such extra work, the following items shall be (a) Actual payroll expenditures for labor at the current rate therefor, and cost of materials. (b) Pay of foreman and timekeepers for actual time required on the extra work. (c) Liability insurance, prorated, for the extra work. Labor cost items on extra work shall be furnished in duplicate by the Contractor to the Inspector daily. The Inspecotnrthe shastat statement of items, cost, returning finds them to be correct, he shall so certify with the Engineer. one copy to the Contractor and filing one copy The Engineer shall determine the cost of materials entering into extra work from the materials and receipted freight bills for the same. For any special machine, power tools, or equipment, including fuel and lubricants, but not including small hand tools, which may be deemed necessary or desirable to use, the Contractor shall b allowed re such workreasonable is rental begunhand to to be agreed upon in writing by the Engineer which sum no percentage is to be added. The item of cost shall not include repairs or replacement of equipment or overhead expenses of any character. The and n percent alloverhead (15%)expensels exdCept is considered to cover the use of hand toolsnd liability insurance. In no case will a claim for extra compest�ion be Wex except as provided unless the work upon which the claim is based has been ordered hereinafter. 4. CLAIMS FOR EXTRA COST. If the Contractor claims that any instructions, by drawings or otherwise, involved extracost under thisis co0) days acarter , he shall give the Engineer written notice theof within completion of the work. Page 12 of 18 GENERAL SPECS No such claim shall be valid unless so made. 5. CLAIMS FOR EXTRA COMPENSATION. If the Contractor deems that extra compensation is due him for work and/or materials that he considered is not clearly covered in the items for which he submitted unit prices in his bid and that were not ordered in writing by the Engineer as an extra s heretofore provided, the Contractor shall notify the Engineer, in writing, of his intention to make claim for extra compensation for work and/or material before starting construction. If such written notification is not given or the Engineer is not afforded proper facilities by the Contractor for keeping strict account of actual cost as defined herein, then the Contractor hereby agrees to waive the claim for extra compensation. Such notice to the engineer and the fact that the Engineer has kept account of cost as aforesaid, shall not in any way be construed as proving the validity of the claim, which must be passed upon by the Council. In the event that the Council finds the claim to be just, it shall be allowed and paid for as extra work as provided herein. 6. COMPLETION REPORT AND OBJECTIONS THERETO. Within ten (10) days after the full completion of the work to be done under this contract, the Engineer shall make a written statement of all the work done by the Contractor hereunder, stating the quantity of each item as found by him and including a statement of all credits for extra work and all credits or debits for changes, alterations, omissions, and defects, and shall forthwith deliver a copy of such statement to the Contractor. The Contractor shall compare such statement with his own records and shall then, in writing, either approve such statement or point out any claimed errors or omissions. If any of such claims are found correct, the Engineer shall, within ten (10) days, prepare a new statement, a copy of which shall in like manner be delivered unto the Contractor. The Engineer will not file a formal completion report with the City until the Contractor has approved the same. If the figures of the Engineer and the Contractor cannot be reconciled, or there is a difference of opinion regarding some item or items, then such difference of opinion shall be submitted to arbitration as hereinafter provided, and the decision of the arbitrator or arbitrators shall be final, and the Engineer shall, within a period of five (5) days, file his completion report. Before action by the City Council upon such completion report, the, Contractor shall also file a written statement of any claims he may have against the City, other than those shown by such completion report, growing out of this contract or the work done hereunder. The City shall retain ten percent (10%) of the amount due the Contractor on the completion report for a period of thirty (30) days. If no claims are filed against the Contractor within thirty (30) days, the final ten percent (10%) shall then be paid to the Contractor. 7. WAIVER. By the execution of this contract ,the Contractor agrees that any objections he may have to the statement of the amount of work done hereunder included by the Engineer in this completion report, and any claims of GENERAL SPECS Page 13 of 18 the Contractor against the City growing out of this contract and the work done hereunder which are not stated in writing in the imed and sumanner d chn theaim shalle provided in Article 6, Section E hereof, shall be waived, no thereafter be asserted against the City. SECTION F - LEGAL RELATIONS AND RESPONSIBILITIES 1. LAWS RELATING TO WORK. The Contractor is presumed to be familiar with all laws, ordinances, and regulations which may, in any manner, affect those engaged or employed upon conduct he work so aserials or equipment not to conflict with used in or upon the work, and shall such laws, ordinances, and regulations. 2. PROTECTION OF 111'be he dORK NesPROPERTY. for the care of Contractor materia�s .. r any part of the improvement sha p and of partially completed and completed work until final acceptance of the same by the Council. He will be required to make good at his own expense any damage which the work may sustain from any cause prior to the filing of the engineer's certificate of completion. He shall take all risk from floods and casualties of every description and make no charge for delay due to such cause. He may, however, be allowed a reasonable extension of time on account of such delays. He shall correct or make good at his own expense all damages to adjacent property due to the acts or City negligenceess therefor. employees of the prosecution of his work, and save the The Contractor shall be held liable and responsible for all damages done to water, sewer, drain, or other underground pipes and structures, and to sidewalks and private property. 3. RESPONSIBILITY FOR ACCIDENTS. The Contractor shall assume full responsibility for all damages sustained by persons or property due to the carrying on of his work until final acceptance thereof, or until released by the Engineer in writing. 4. LIABILITY INSURANCE. The Contractor shall carry liability insurance which shall save the City harmless and protect the public and any person from injury sustained by the n of and the sa d Contractor f the shallwalsoork ocarry r the handling or storing of materials therefor, liability insurance which shall meet the requirements of the Iowa Worker's Compensation Law. l sh Before work shall be started oron Affidavitsthis r ext, the Contractor ecuted by representatives ofof the City Clerk with proper affidavit duly qualified insurance companies, evidencing that said insurance company or companies have issued liability insurance policies, effective during the life of the contract, or for a period of a least ten (10) days following the filing of written notice of cancellation, protecting the public and any person from injuries or Page 14 of 18 GENERAL SPECS damages sustained by reason of carrying on the work involved in the Contract. The affidavit shall specifically evidence the following forms of insurance protection: (a) Public liability insurance covering all operations performed by persons directly employed by the Contractor. (b) Public liability insurance covering all operations performed by any Subcontractor to whom a portion of the work may have been assigned. (c) Public liability insurance covering all work upon the project performed by any independent Contractor working under the direction of either the principal Contractor or a Subcontractor. (d) Motor vehicle bodily injury liability insurance and property damage liability insurance on all motor vehicles employed on the work, whether owned by the Contractor or by other persons, firms, or corporations. (e) The minimum protection shall be as follows: Comprehensive General Liability Insurance General Aggregate Limit $ 5,000,000.00 Products—Completed Operations Aggregate Limit $ 5,000,000.00 Each Occurrence Limit $ 5,000,000.00 Comprehensive Automobile Liability Insurance $ 1,000,000.00 The Contractor shall have the City of Waterloo, Iowa, named as an "Additional Named Insured". A certificate, or a policy if requested, shall be filed with the Owner. All certificates and/or policies of insurance furnished by the Contractor to be filed with the City Clerk shall include the name and address of the agency issuing the same. It shall also be required that the City Clerk be notified by registered mail of the cancellation or expiration of the above insurance. 5. BARRICADES AND SIGNS. The Contractor shall, at his own expense and without further or other order, provide, erect, and maintain, at all times during the progress and suspension of the work and until completion and final acceptance thereof, suitable and requisite barricades, signs, or other adequate protection, as required by the latest edition of the "Iowa Manual on GENERAL SPECS Page 15 of 18 Uniform Traffic Control Devices for Streets and Highways" and shall provide, keep, and maintain such barricades, signs, etc., as may be required or as may be ordered by the City Engineer, to insure the safety of the public as well as those engaged on the work. All barricading plans shall be approved by the City Engineer. 6. ROYALTIES AND PATENTS. The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the City harmless from loss on account thereof, except that the City shall be responsible for all such loss when a particular process or the product of a particular manufacturer is specified. 7. PERMITS AND REGULATIONS. Permits and licenses of a temporary nature for the prosecution of the work shall be secured and paid for by the Contractor. Permits, license, and easements for permanent changes in existing facilities shall be secured and paid for by the City. 8. CLAIMS FOR DAMAGES. Any claim for damages arising under this Contract shall be made in writing to the party liable within a reasonable time of the first observance of such damage and no later than the time of final payment, except as expressly stipulated otherwise in the case of faulty work or materials, and shall be adjusted by agreement or arbitration. The Contractor shall be held for the payment of all just claims against him arising out of the prosecution of this contract, and his bond will not be released until such claims are paid for dismissed. 9. ASSIGNMENT OF CONTRACT. The Contractor shall not sell or assign the contract or sublet any portion of the work provided for therein without the written consent of the City Council. 10. SUBCONTRACTORS. The Contractor shall, as soon as practicable after the signature of the contract, notify the Engineer in writing of the names of the Subcontractors proposed for the work and shall not employ any that the Engineer may, within a reasonable time, object to as incompetent or unfit. The Contractor agrees that he is as fully responsible to the City for the acts and omission of his Subcontractors and of persons either directly or indirectly employed by them as he is for the acts and omissions of persons directly employed by him. Nothing contained in the contract documents shall create any contractual relation between any Subcontractor and the City. 11. ARBITRATION. All questions subject to arbitration under this Contract shall be submitted to arbitration at the choice of either party to the dispute. GENERAL SPECS Page 16 of 18 The Contractor shall not cause a delay of the work during any arbitration proceedings, except by agreement with the Engineer. The demand for arbitration shall be filed in writing with the Engineer, in the case of an appeal from his decision, within ten (10) days of its receipt, and in any other case, within a reasonable time after cause thereof, and in no case later than the time of final payment, except as otherwise expressly stipulated in the contract. If the Engineer fails to make a decision within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against the part appealing. No one shall be nominated or act as an arbitrator who is in any way financially interested in the contract or in the business affairs of either the City or the Contractor. The general procedure shall conform to the laws of the State of Iowa. Unless otherwise provided by such laws, the parties may agree upon one arbitrator; otherwise, there shall be three--one named in writing by each party to this contract to the other party, and the third chosen by these two arbitrators, or, if they fail to select a third within ten (10) days, then he shall be chosen by the Comptroller of the State of Iowa. Should either party refuse or neglect to supply the arbitrators with any papers or information demanded in writing, the arbitrators are empowered by both parties to proceed ex parte. If there be one arbitrator, his decision shall be binding; if three, the decision of any two shall be binding. Such decision shall be a condition precedent to any right of legal action, and, wherever permitted by law, it may be filed in Court to carry it into effect. The arbitrators, if they deem that the case demands it, are authorized to award to the party whose contention is sustained such sums as they shall deem proper for the time, expense, and trouble incident to the appeal, and, if the appeal was taken without reasonable cause, damages for delay, the arbitrators shall fix their own compensation unless otherwise provided by agreement, and shall assess the costs and charges of the arbitration upon either or both parties. The award of the arbitrators must be in writing, and it shall not be open to objections on account of the form of proceeding or the award, unless otherwise provided by the laws of Iowa. In the event of such laws providing on any matter covered by this article otherwise than as hereinbefore specified, the method of procedure throughout and the legal effect of the award shall be wholly in accordance with the laws of the State of Iowa, it being intended hereby to lay down a principle of action to be followed,_leaving its local application to be adopted to the legal requirements of the place in which the work is to be done. GENERAL SPECS Page 17 of 18 12. PERFORMANCE AND PAYMENT BONDS. The Contractor shall, at the time of execution and delivery of this contract and before the taking effect of same, furnish and deliver to the City written bonds of indemnity to the amount required by law in form and substance, and with surety thereon satisfactory and acceptable to the City, to insure the faithful performance and payment by the Contractor of all the covenants and agreements on the part of the Contractor contained in this contract. These bonds shall remain in force and effect for the full amount of the Contract. 13. PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the provisions of the Contract or in exercising any power or authority granted him thereby, there shall be no liability upon the Engineer or his authorized assistants, either personally or as an official of the City, it being understood that in such matters he acts as the agent and representative of the City. 14. JURISDICTION. Any action in Court against the Contractor or sureties on his bond because of damages to property or individuals by said Contractor or his workmen, or because of the violation of any provisions of the specifications, or on account of the failure of said Contractor to comply fully with these provisions, shall be brought in the District Court of the State of Iowa in and for Black Hawk County. 15. TERMINATION OF RESPONSIBILITY. The Contract shall be considered as completed and the Contractor released from further obligations except as to the requirements of his bond, after the work has been completed and finally accepted and final estimates have been allowed and the completion report of the engineer has been filed and approved by the Council. 16. CITY'S LEGAL RIGHTS. The City shall not be precluded by any measurements, estimate, or certificate made, either before or after the completion and acceptance of the work and payment therefor, from showing the true amount and character of the work performed and materials furnished by the Contractor, or from showing that any such measurement, estimate, or certificate is untrue or incorrectly made, or the work or materials do not, in fact, conform to the Contract. The City shall not be precluded, notwithstanding any such measurements, estimate, or certificate and payment in accordance therewith, from recovering from the Contractor and his surety such damages as it may sustain by reason of his failure to comply with the terms of the Contract. Neither the acceptance by the City or any of its representatives, nor any payment for or acceptance of the whole or any part of the work, nor any extension of time, nor any possession taken by the City, shall operate as a waiver on any portion of the contract or of any power herein reserved, or any right to damages herein provided. A waiver of any breach of the contract shall not be held to be a waiver of any other or subsequent breach. GENERAL SPECS Page 18 of 18 SUPPLEMENTAL GENERAL SPECIFICATIONS FOR CONSTRUCTION 1. SUBCONTRACTS The contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to require compliance by each subcontractor with the applicable provisions of the contract for the improvements embraced in this contract. 2. REVIEW BY THE CITY OF WATERLOO The City of Waterloo, its authorized representatives and agents, shall at all times have access to and be permitted to observe and review all work, materials, equipment, payrolls, personnel records, employment conditions, material invoices, and other relevant data and records pertaining to this contract, provided, however, that all instructions and approval with respect to the work will be given to the contractor only by the City of Waterloo through its authorized representative or agents. 3. INSPECTION a. The contractor shall furnish promptly all materials reasonably necessary for any tests, which may be required. All tests by the City of Waterloo will be performed in such manner as not to delay the work unnecessarily and will be made in accordance with the provisions of the Technical Specifications. b. Inspection of materials and appurtenances to be incorporated in the improvements embraced in this contract may be made at the place of production, manufacture or shipment, whenever the quantity justifies it, and such inspection and acceptance, unless otherwise stated in the Technical Specifications, shall be final, except as regards (1) latent defects, (2) departures from specific requirements of the contract, (3) damage or loss in transit, or (4) fraud or such gross mistakes as amount to fraud. Subject to the requirements contained in the preceding sentence, the inspection of materials as a whole or in part will be made at the project site. 4. WARRANTY OF TITLE No material, supplies, or equipment to be installed or furnished under this contract shall be purchased subject to any chattel mortgage or under a conditional sale, lease-purchase or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. The contractor shall warrant good title to all materials, supplies, and equipment SUPPLEMENTAL GENERAL SPECIFICATIONS installed or incorporated in the work and upon completion of all work, shall deliver the same together with all improvements and appurtenances constructed or placed thereon by him to the City of Waterloo free from any claims, liens, or charges. Neither the contractor nor any person, firm, or corporation furnishing any material or labor for any work covered by this contract shall have any right to a lien upon any improvement or appurtenance thereon. Nothing contained in this paragraph, however, shall defeat or impair the right of persons furnishing materials or labor to recover under any bond given by the contractor for their protection or any rights under any law permitting such persons to look to funds due the contractor in the hands of the City of Waterloo. The provisions of this paragraph shall be inserted in all subcontracts and material contracts and notice of its provisions shall be given to all persons furnishing materials for the work when no formal contract is entered into for such materials. SUPPLEMENTAL GENERAL SPECIFICATIONS FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF F.Y. 2016 STREET RECONSTRUCTION PROGRAM CITY OF WATERLOO, IOWA CONTRACT NO. 898 This contract made and entered into this day of , 20 , by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and of Waterloo, Iowa, (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 Contractor agrees to build and construct the and furnish all necessary tools, equipment, materials, and labor necessary to do all the work called for in the plans and specifications in a workmanshiplike manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. PAR. 2 It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. PAR. 3 The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. FORM OF CONTRACT PAGE 1 OF 5 PAGES PAR. 4 The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. PAR. 5 The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed" and complete it on or before unless an extension of time is granted in writing by the Council of the City. PAR. 6 Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contrac*,, or the plans and specifications therefor promptly by the date herein specified, the City may pay such additional sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. PAR. 7 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. PAR. 8 The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. PAR. 9 The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. FORM OF CONTRACT PAGE 2 OF 5 PAGES PAR. 10 Any material, which has been rejected by the construction reviewer, shall be at once removed from the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the City Engineer. PAR. 11 The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. PAR. 12 The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. PAR. 13 The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council, and is by reference made a part of this contract. PAR. 14 The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. PAR. 15 In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the amount of money due the Contractor for work performed and accepted, at the unit FORM OF CONTRACT PAGE 3 OF 5 PAGES prices set out in the Contractor's proposal, which has been accepted by the City. PAR. 16 The total amount of the contract, based on the Engineer's estimates of quantities and the Contractor's unit bid prices, and for which 100% surety bond is required is $ PAR. 17 After the completion of said work, the Contractor agrees to remove all debris and clean up said streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. PAR. 18 This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. PAR. 19 Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. PAR. 20 The Contractor shall maintain all work done hereunder in good order for the period of two (2) years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2) years from the date of its acceptance by said Council, and after having been given ten (10) days notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the City may proceed to remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. PAR. 21 The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four (4) and not less than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the City, and, in any event, until two (2) years after the acceptance of the work. FORM OF CONTRACT PAGE 4 OF 5 PAGES CITY OF WATERLOO, IOWA Mayor City Clerk Contractor BY: Title: Approved by the City Council of the City of Waterloo, Iowa, this day of , 20 . ATTEST: , City Clerk Waterloo, Iowa FORM OF CONTRACT PAGE 5 OF 5 PAGES PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, of (the "Principal"), and of (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of Dollars ($ ), lawful money of the United States, for the payment of said sum in connection with a contract (the "Contract") dated on or about for the purpose of incorporated herein by reference as though fully set forth herein. The Contract is Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default, or shall promptly undertake to: 1. Complete the Contract in accordance with its terms and conditiois; or 2. Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term "balance of the Contract price" means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the following matters, without notice: Performance Bond Page 1 of 2 1. To any extension of time to the Contract in which to perform the Contract. 2. To any change in the plans, specifications, or Contract when such change does not involve an increase of more than twenty percent (20%) of the total Contract price, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond. Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender. IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as of PRINCIPAL SURETY Name Name By: By: Title: Title: [attach Power of Attorney] NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. Performance Bond Page 2 of 2 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that (Name of Contractor) (Address of Contractor) a , hereinafter galled Principal, (Corporation, Partnership or Individual) and, (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto (Name of Owner) (Address of Owner) hereinafter called OWNER, in the penal sum of Dollars,($ in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of 20 , a copy of which is hereto attached and made a part hereof for the construction of: NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in counterparts, each one of (number) which shall be deemed an original, this the day of 20 ATTEST: Principal (Principal)Secretary (SEAL) By (s) (Address) Witness as to Principal (Address) Surety ATTEST: By Attorney-in-Fact Witness as to Surety (Address) (Address) NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. — IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.