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HomeMy WebLinkAboutPROJECT SPECIFICATIONS CITY OF WATERLOO,IOWA TRAFFIC SIGNAL MODIFICATIONS AIRPORT BLVD AND WESTBOUND BROADWAY ST DIVISION 1: CS-TSF-8155(691)--85-07 AIRPORT BLVD AND EASTBOUND BROADWAY ST DIVISION 2: CS-TSF-8155(693)--85-07 DUBUQUE RD AND IDAHO ST DIVISION 3: CS-TSF-8155(692)--85-07 City Contract#732 S &A Project No. 106.0776 I HEREBY CERTIFY THAT THIS ENGINEERING DOCUMENT WAS PREPARED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION,AND THAT I AM A DULY 0""1411 LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF IOWA. ES S ON4(Ili Anthony J o f CZ/7o-7 Boes ANTHONY J.BOE ,P . D TE or MY LICENSE RENEWAL DATE IS DECEMBER 31,2007. 12387 LICENSE Number: 12387 PAGES OR SHEETS COVERED BY THIS SEAL: ''`r'/�ti �1/OW N� I?' ALL SNYDER &ASSOCIATES, INC. 2727 SW Snyder Blvd. Ankeny, IA 50023 515-964-2020 J:\2006,projects\106.0776\Correspondence\Specs\01_cover.doc CITY OF WATERLOO,IOWA TRAFFIC SIGNAL MODIFICATIONS AIRPORT BLVD AND WESTBOUND BROADWAY ST DIVISION 1: CS-TSF-8155(691)--85-07 AIRPORT BLVD AND EASTBOUND BROADWAY ST DIVISION 2: CS-TSF-8155(693)--85-07 DUBUQUE RD AND IDAHO ST DIVISION 3: CS-TSF-8155(692)--85-07 TABLE OF CONTENTS The following documents are a part of this contract: Document Pages I. Notice of Public Hearing and Notice to Bidders .. 1-5 II. Instructions to Bidders.. . 1-10 III. Form of Bid or Proposal . 1-4 IV. Bid Bond 1-2 V. Non-Collusion Affidavit of Prime Bidder 1 VI. Non-Collusion Affidavit of Subcontractor 1 VII. Equal Opportunity Clause . 1-2 VIII. Reciprocal Resident Bidder Preference and Resident Bidder Certification .. 1 IX. Contractor's or Subcontractor's Affirmative Action Program... 1-9 X. MBE/WBE Forms ... 1-4 XI. Certified MBE/WBE Contractors . 1-3 XII. Targeted Small Business (TSB) Affiuuative Action Responsibilities on Non-Federal-Aid Projects (Third-Party State- Assisted Projects) 1-5 XIII. Statement of Bidders Qualifications 1-2 XIV. Specifications for Traffic Signal Modifications ... 1-30 XV. Special Provisions 1 XVI. General Conditions of Contract ... 1-16 XVII. Special Conditions of Contract 1-3 XVII. Form of Contract 1-5 XIX. Perfoiiiiance Bond 1-2 J:\2006 projects\106.0776\Correspondence\Specs\02_index.doc I. NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS 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 TRAFFIC SIGNAL MODIFICATIONS AIRPORT BLVD AND WESTBOUND BROADWAY ST DIVISION 1: CS-TSF-8155(691)-85-07 AIRPORT BLVD AND EASTBOUND BROADWAY ST DIVISION 2: CS-TSF-8155(693)-85-07 DUBUQUE RD AND IDAHO ST DIVISION 3: CS-TSF-8155(692)-85-07 In the City of Waterloo, Iowa Black Hawk County 1. 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 23rd day of July 2007 until 4:00 p.m. for the construction of traffic signal modifications at AIRPORT BLVD AND WESTBOUND BROADWAY ST, AIRPORT BLVD AND EASTBOUND BROADWAY ST, AND DUBUQUE RD AND IDAHO ST, as described in detail in the plans and specifications now on file in the Office of the City Clerk. 2. OPENING OF BIDS All proposals received will be opened at the City Council meeting tc be held in the City Council Chambers in City Hall in the City of Waterloo, Iowa, on the 23rd day of July 2007, at 5:30 p.m., and the proposals will be acted upon at that time and place or at such later time and place as may then be fixed, PAGE 1 OF 5 PAGES J:\2006_projects\106.0776\Correspondence\Specs\I-NOTICE.doc 3. 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 July 23, 2007, said hearing to be held in the Council Chambers in the City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said improvements heretofore prepared by 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. 4. SCOPE OF WORK The extent of the work involved in this traffic signal modification includes items such as new controller cabinets, new mast arm poles, new signal heads, new wiring, signs, ._ and other such work as shown on the plans and as may be incidental thereto. This project has three divisions. 5. BIDS — An individual bid figure for each division is required. The contractor must indicate a bid for each of the three divisions for his/her bid to be considered. The total sum of all — three division bids is considered for determining the winner and awarding a contract. 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 shall be completed on or before December 31, 2007. — 7. METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against monthly estimates in cash on the basis of ninety- five percent (95%) of the work as same 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. The Contractor is hereby notified that if the City does not have cash on hand to make — payments on the dates listed above, 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. PAGE 2 OF 5 PAGES J:\2006_projects\106.0776\Correspondence\Specs\I-NOTICE.doc 8. PLANS AND SPECIFICATIONS Plans and Specifications governing the construction of the proposed improvements have been prepared by the City, 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 obtainable by a qualified bidder from the City Traffic Operations Department upon payment of $25. Bidders who access the plans and Specifications through other means can pay this amount to Waterloo Traffic Operations Department prior to submitting their bid. The payment is not refundable. The prime contractor, subcontractors, or suppliers working on the project shall retain their own set of plans and specifications for use on the project. The prime contractor will be supplied with the needed number of sets of plans and specifications at no additional cost. 9. CONTRACT AWARD -- A contract will be awarded to the qualified bidder submitting the lowest total bid. The City reserves the right to reject any or all bids, re-advertise for new bids, and to waive informalities in the bids submitted that may 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. 10.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, in which case all other provisions shall apply. — 11.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 PAGE 3 OF 5 PAGES J:\2006_projects\106.0776\Correspondence\Specs\I-NOTICE.doc 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. 12.PERFORMANCE BOND The successful bidder will be required to furnish a "Performance 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 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. _ 13.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 percent 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. This bond shall guarantee that faulty work of the Contractor will be corrected or defective materials will be replaced. 14.CONTRACT COMPLIANCE PROGRAM/SUBCONTRACTING The Iowa Code Section 19B.7 and 541 Iowa Administrative Code Chapter 4, and — Exhibit "D" Utilization of Targeted Small Business (TSB) Enterprises on Non-Federal Aid Projects establish requirements for the aid recipient. The Prime Contractor shall make every appropriate effort to use TSB subcontractors. Since the City has its own -- MBE/WBE program, the contractor is encouraged to give priority to those TSB enterprises who are also on City's MBE/WBE list. A goal of at least ten percent (10%) for MBE participation on all City funded construction projects that are estimated at $50,000 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. -' 15.LIQUIDATED DAMAGES 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 one hundred and twenty five dollars ($125) 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 — PAGE 4 OF 5 PAGES J:\2006_projects\106.0776\Correspondence\Specs\I-NOTICE.doc 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. 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. 16.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 City officials, the prime contractor, and all subcontractors. 17.RECIPROCAL RESIDENT BIDDER CERTIFICATION Each bidder submitting a bid shall execute and include with the bid, a Resident Bidder Certification in the form herein provided, to the effect that he will not have as employees, Illinois laborers on the work site. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa statutes. 18.SALES TAX EXEMPTION CERTIFICATE Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building materials and supplies in the performance of construction contracts let by the City of Waterloo. _ Published pursuant to the provisions of Division VI of Chapter 384 of the City Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the day of , 200 . CITY OF WATERLOO, IOWA BY: Nancy Eckert City Clerk PAGE 5 OF 5 PAGES J:\2006_projects\106.0776\Correspondence\Specs\I-NOTICE.doc II. INSTRUCTIONS TO BIDDERS — 1. EXPLANATIONS TO BIDDERS Any explanation desired by a bidder regarding the meaning or interpretation of the Notice to Bidders, Plans, Specifications, etc., must be requested in writing and with sufficient time allowed for a reply to reach bidders before submission of their bids. Any interpretation made will be in the form of an amendment of the Notice to Bidders, Plans, Specifications, etc., and will be furnished to all prospective bidders. Its receipt by the bidder must be acknowledged in the space provided on the Proposal Form or by letter or telegram received before the time set for opening of bids. Oral explanations or instructions given before the award of the contract will not be binding. 2. EXAMINATION OF PROPOSED WORK Bidders should visit the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Failure to do so will not relieve bidders from responsibility for estimating properly the difficulty or cost of successfully performing the work. The owner will assume no responsibility for any understanding or representation concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the Notice to Bidders, the Specifications or related documents. 3. PREPARATION OF BIDS a. Bids shall be submitted on the forms furnished, or copies thereof, and must be manually signed. If erasures or other changes appear on the _ forms, each erasure or change must be initialed by the person signing the bid. The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Extension, 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 spread- sheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal. b. The Bid Form may provide for submission of a price or prices for one or more items, which may be lump sum bids, alternate prices, schedule items resulting in a bid on a unit of construction or a combination thereof, -- etc. When the Bid Form explicitly requires that the bidder bid on all items, failure to do so will disqualify the bid. When submission of a price on all items is not required, bidders should insert the words "no bid" in the space provided for any item on which no price is submitted. c. Unless called for, alternate bids will not be considered. INSTRUCTIONS TO BIDDERS PAGE 1 OF 10 PAGES J:\2006_projects\106.0776\Correspondence\Specs\II TO VIII.doc d. Modifications of bids already submitted will be considered if received at — the office designated in the Notice to Bidders by the time set for closing of bids. Telegraphic modifications will be considered, but should not reveal the amount of the original or revised bid. — e. In preparing the bid, the bidder shall specify the price, written legibly in ink or with the typewriter, at which he proposes to do each item of work. The unit price shall be stated in figures in the blank space provided (i.e., '^ $7.14). In items where unit price is required, the total amount of each item shall be computed at the unit prices bid for the quantities given on _ the Bid Form and stated in figures in the blank space provided. If the bidder chooses to submit the unit prices, extension, and total bid on a computer-generated spreadsheet, all numbers shall be easily legible. — f. Any changes or alterations made in the Bid Form, or any addition thereto, may cause the rejection of the bid. No bid will be considered which — contains a clause in which the contractor reserves the right to accept or reject a contract awarded him by the city Council of Waterloo. Bids in which the unit prices are obviously unbalanced may be rejected. 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 make 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. INSTRUCTIONS TO BIDDERS PAGE 2 OF 10 PAGES J:\2006_projects\106.0776\Correspondence\Specs\II TO VIII.doc 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. 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. 8. SUBCONTRACTING TSB, WBE AND MBE ENTERPRISES a. Only STATE OF IOWA TARGETED SMALL BUSINESS (TSB) ENTERPISE PRE-BID CONTACT INFORMATION FORM should be used (Section XII of this Contract Documents). This form is similar to the City of Waterloo Minority and/or Women Business Enterprise Pre-Bid Contact Information Form and 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. Upon Completion of the project, prime contractor shall submit the actual dollar amounts of any TSB subcontractor work on the project to the City of Waterloo Contract Compliance Officer. 9. USE CITY'S MBE/WBE PROGRAM TO MEET THE STATE TSB GOALS. The contractor is encouraged to use the City's MBE/WBE program to meet the State TSB goals. (The Iowa Code Section 19B.7 and 541 Iowa Administrative Code Chapter 4, and Exhibit "D" Utilization of Targeted Small Business (TSB) Enterprises on Non-Federal Aid Projects establish requirements for the aid -' recipient.). The contractor should give preference to TSB firms who are on City's MBE/WBE list. City's Contract Compliance Program is described below. a. 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 INSTRUCTIONS TO BIDDERS PAGE 3 OF 10 PAGES J:\2006_projects\106.0776\Correspondence\Specs\II TO VIII.doc 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. b. DEFINITIONS Goals: A flexible numerically expressed objective which contractors are required to make "good-faith efforts." The key to the requirement is to make documented efforts. Goals are neither set-a-sides nor a device to achieve proportional representation or equal results. Numerical goals do not create set-a-sides for specific groups, nor are they designed to achieve proportional representation or equal results. Rather, the goal- setting process in affirmative action planning is used to target and measure the effectiveness of affirmative action efforts to eradicate and — prevent discrimination. Quota: A flat numerical requirement that the contractor is required to meet _ in order to obtain the benefit or be in compliance. The numerical goal component of affirmative action programs is not designed to be, nor may it properly or lawfully be interpreted as, permitting unlawful preferential treatment and quotas with respect to persons of any race, color, religion, sex, or national origin. The regulations at 41 CFR 60-2.12(a), 60-2.15 and 60-2.30, specifically prohibit discrimination and the use of goals 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. INSTRUCTIONS TO BIDDERS PAGE 4 OF 10 PAGES J:\2006_projects\106.0776\Correspondence\Specs\II TO VI I I.doc Women Business Enterprise (WBE): -- Any business which is at least 51% owned by one or more women and whose management and daily business operations are controlled by one or more such individuals and is on the current State Unified Certification -- List, or were listed on the City of Waterloo Certified 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 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. c. 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 all projects. Any project which is funded solely or in part with Federal funds shall follow the respective agencies contract compliance program and goals. Any project which is funded solely or in part with State funds shall follow the respective agencies contract compliance program and goals. The City of Waterloo Contract Compliance Program is for City awarded construction contracts only. The prime contractor shall make "good-faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontracts must provide the prime contractor a reasonably competitive price for the service being rendered or the contractor is not required to accept the bid. Administrative Reconsideration: As part of this reconsideration, the bidder will have the opportunity to provide written documentation or arguments concerning the issue of whether they made adequate good faith efforts to INSTRUCTIONS TO BIDDERS PAGE 5 OF 10 PAGES J:\2006_projects\106.0776\Correspondence\Specs\II TO VIII.doc 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. d. RESPONSIBILITIES I. 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. A list of firms is included in this Contract — Documents under "CERTIFIED MBE/WBE CONTRACTORS" 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 will 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. INSTRUCTIONS TO BIDDERS PAGE 6 OF 10 PAGES J:\2006_projects\106.0776\Correspondence\Specs\II TO VIII.doc ll. Prime Contractors -- In order to be in compliance with the guidelines of this program, the prime contractor must show good-faith efforts in following the MBE/WBE Contract Compliance Program. Good-faith efforts include, but are not — limited to, the following: A. Prime contractors shall send solicitation letters (Form CCO-3) to appropriate MBE/WBE (those certified in directory prepared by City Contract Compliance Officer) at least seven (7) working days prior to bid date. Letters should identify specific items to be subcontracted. A minimum of three (3) disadvantaged business contacts must be made and documented, if there are at least three disadvantaged businesses offering services in the area to be subcontracted (See City of Waterloo MBE/WBE Certification List). If less than three (3) are offering the services to be subcontracted, then a contact is required for any that are listed as providing that service. If the Prime Contractor submits a MBE/WBE contact not on the City's MBE/WBE list, attach a copy of the MBE/WBE/DBE Certifications from another government agency. B. If a prime contract bidder is unable to identify MBE/WBE firms to perform portions of the work, the City Contract Compliance Officer should be contacted for assistance immediately. C. Prime contract bidders may solicit MBE/WBE proposals by telephone or personal interviews, but all such contacts shall be confirmed by Certified Mail, or subcontract bid request forms (Form CCO-2). D. If any MBE/WBE business submitting bids is not selected for subcontract award, documentation must accompany the "MBE/WBE Business Enterprise Pre-Bid Contact Information Form" (Form CCO-4 and CCO-4A) on why the MBE/WBE was not selected. These reasons could include: a. Not low bid. Copies of the competing bids may be required for verification. b. MBE/WBE did not bid, withdrew bid or non-responsive. _ 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. III. MBE/WBE Firms A. MBE/WBE firms shall be certified by the Iowa Department of Transportation as owners and controllers of their respective INSTRUCTIONS TO BIDDERS PAGE 7 OF 10 PAGES J:\2006_projects\106.0776\Correspondence\Specs\II TO VI I I.doc 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. -- e. 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. 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. f. 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. g. CONCLUSION This program repeals or revises all sections of previous Waterloo Contract Compliance Programs.10. 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 is reserved to reject any bid where an investigation of INSTRUCTIONS TO BIDDERS PAGE 8 OF 10 PAGES J:\2006_projects\106.0776\Correspondence\Specs\I I TO VI I I.doc 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. 11. AWARD OF CONTRACT a. Award of contract will be made to that 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 any 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 as indicated in the NOTICE TO BIDDERS. 12. EXECUTION OF AGREEMENT, BOND, AND CERTIFICATE OF INSURANCE a. Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful bidder shall execute and deliver to the City 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 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 bond 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 bond shall be in the same form as that included in the contract documents and shall -- bear the same date as, or a date subsequent to that of the agreement. The current Power of Attorney for the person who signs for any surety company shall be attached to such bond. INSTRUCTIONS TO BIDDERS PAGE 9 OF 10 PAGES J:\2006_projects\106.0776\Correspondence\Specs\II TO VII I.doc c. The successful bidder shall, within the period specified in paragraph "a" -- above, furnish a certificate of insurance for approval in amounts of not less than the amounts specified in the General Conditions of Contract, Section F. No. 5 "Liability Insurance". 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. 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, fora refund. -- • INSTRUCTIONS TO BIDDERS PAGE 10 OF 10 PAGES J:\2006_projects\106.0776\Correspondence\Specs\II TO VllI.doc III. FORM OF BID OR PROPOSAL TRAFFIC SIGNAL MODIFICATIONS AIRPORT BLVD AND WESTBOUND BROADWAY ST DIVISION 1: CS-TSF-8155(691)-85-07 AIRPORT BLVD AND EASTBOUND BROADWAY ST DIVISION 2: CS-TSF-8155(693)-85-07 DUBUQUE RD AND IDAHO ST DIVISION 3: CS-TSF-8155(692)-85-07 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 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 traffic signal modifications at AIRPORT BLVD AND WESTBOUND BROADWAY ST, AIRPORT BLVD AND EASTBOUND BROADWAY ST, AND DUBUQUE RD AND IDAHO ST, all in accordance with the above-listed documents and for the unit prices for work in place for the following items and quantities: FORM OF BID PAGE 1 OF 4 PAGES J:\2006_projects\106.0776\Correspondence\Specs\II TO VIII.doc BID SCHEDULE BID DESCRIPTION UNIT EST. UNIT BID EXTENSION ITEM QTY. PRICE -- 1 TRAFFIC SIGNALIZATION (DIV. 1) LS 1 TRAFFIC SIGNALIZATION (DIV. 2) LS 1 TRAFFIC SIGNALIZATION (DIV. 3) LS 1 -- 2 TRAFFIC CONTROL (DIV. 1) LS 1 TRAFFIC CONTROL (DIV. 2) LS 1 TRAFFIC CONTROL (DIV. 3) LS 1 — 3 MOBILIZATION (DIV. 1) LS 1 MOBILIZATION (DIV. 2) LS 1 MOBILIZATION (DIV. 3) LS 1 -- TOTAL BID IN NUMERALS: $ TOTAL BID IN WRITING: Contractor shall bid on all divisions of each bid item. FORM OF BID PAGE 2 OF 4 PAGES J:\2006_projects\106.0776\Correspondence\Specs\II TO VIII.doc 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit bid price for the work done shall govern in the actual payment to Contractor. 3. In submitting this bid, the bidder understands that the right is reserved by the City of Waterloo, Iowa, to reject any or all bids. If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned within thirty (30) days after the opening thereof, or at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of the insurance within ten (10) days after the agreement is presented to him for signature, and start work within ten (10) days after"Notice to Proceed" is issued. 4. Security in the sum of Dollars ($ ) in the form of , is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS. 5. Attached hereto is a Non-Collusion Affidavit of Prime Contractor. 6. Attached hereto is a Resident Bidder Certification. 7. The bidder is prepared to submit a financial and experience statement upon request. 8. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. 9. The bidder has received the following Addendum or Addenda: Addendum No. Date 10. The bidder shall list the MBE/WBE subcontractor(s), amount of subcontracts and bid items on the City of Waterloo Minority and/or Women Business Pre-bid Contact -- Information Form submitted with this Form of Bid or Proposal. The apparent low Bidder shall submit a list of all other Subcontractor(s) to be used on this Project to the City of Waterloo by 5:00 p.m. the business day following the day Bids on this Project are due along with the Non-Collusion Affidavits of All Subcontractor(s). The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons: FORM OF BID PAGE 3 OF 4 PAGES J:\2006_projects\106.0776\Correspondence\Specs\II TO VIII.doc 1) The City of Waterloo does not approve the subcontractors. 2) The subcontractors submit in writing that they cannot fulfill their — subcontracts. 11. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or"NA". 12. The bidder has attached all applicable forms. 13. The City reserves the right to select alternates, delete line items, and/or to reduce quantities prior to the award of a contract due to budgetary limitations. (Name of Bidder) (Date) BY: Title Official Address: (Including Zip Code): — I.R.S. No. FORM OF BID PAGE 4 OF 4 PAGES J:\2006_projects\106.0776\Correspondence\Specs\II TO VIII.doc IV. BID BOND KNOW ALL MEN BY THESE PRESENTS, That we, of (hereinafter called the Principal), and of (hereinafter called the Surety), are held and firmly bound unto the City of Waterloo (hereinafter called the Obligee), in the penal sum of Dollars ($ ), lawful money of the United States, to payment of which sum, well and truly to be made, the Principal here firmly binds himself/themselves, his/their heirs, executors, and administrators, and the said — Surety binds himself, his successors, assigns, executors, and administrators, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, WHEREAS the above bounden Principal did, on the day of , 200_, enter into a written contract with the City of Waterloo, Iowa, for the construction of traffic signal modifications at AIRPORT BLVD AND WESTBOUND BROADWAY ST, AIRPORT BLVD AND EASTBOUND BROADWAY ST, AND DUBUQUE RD AND IDAHO ST, a copy of which contract, together with all of its terms, covenants, conditions, and stipulations, is incorporated herein and made a part hereof as full and completely as if said contract were recited at length herein; and WHEREAS, the Principal and Surety on this bond hereby agree to pay to all persons, firms or corporations having contracts directly with the Principal or with subcontractors, all just claims due them for labor performed or materials furnished in the performance of the contract on account of which bond is given when the same are not satisfied out of the portion of the contract price which the public corporation is required to retain until completion of the public improvement, but the Principal and Surety shall not be liable to said persons, firms, or corporation unless the claims of said claimants against said portion of the contract price shall have been established as provided by law. Now, if the Principal shall in all respects fulfill his said contract according to the terms and tenor thereof, and shall satisfy all claims and demands incurred for the same, and shall fully indemnify and save harmless the Obligee from all costs and damages which it may suffer by reason of failure to do so, and shall fully reimburse and repay the Obligee all outlays and expenses which it may incur in BID BOND PAGE 1 OF 2 PAGES J:\2006_projects\106.0776\Correspondence\Specs\II TO VIII.doc making good any such default, then the obligation is to be void and of no effect, otherwise to remain in full force and effect. — Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent without notice: 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 two (2) years 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. — IN WITNESS WHEREOF, we have hereunto set our hands and seals this — day of , 200 . Principal By: Surety Attorney-in-Fact BID BOND PAGE 2 OF 2 PAGES J:\2006_projects\106.0776\Correspondence\Specs\II TO VI I I.doc V. 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 agree, directly or indirectly, with any other bidder, form 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 any 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 any other bidder, or to fix any overhead, profit or cost element of the bid price of 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 , 200 Title My commission expires NON-COLLUSION-PRIME CONTRACTOR PAGE 1 OF 1 PAGES J:\2006_projects\106.0776\Correspondence\Specs\II TO VIII.doc VI. 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 , 200 Title My commission expires NON-COLLUSION-SUBCONTRACTOR PAGE 1 OF 1 PAGES J:\2006_projects\106.0776\Correspondence\Specs\II TO VIII.doc VII. EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as follows: 1. The contractors, subcontractor, vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, -` color, creed, sex, national origin, economic status, age, mental or physical handicap, political opinions or affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or physical disability, political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading c. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship 2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, economic status, age, mental or physical disabilities, political opinion or affiliations. 3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of the contractor's commitment -- under this section. 4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. 5. The contractor, subcontractor, vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies, procedures, patterns, and practices of each subcontractor as well as the contractor EQUAL OPPORTUNITY PAGE 1 OF 2 PAGES J:\2006_projects\106.0776\Correspondence\Specs\II TO VIII.doc 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 PAGE 2 OF 2 PAGES J:\2006_projects\106.0776\Correspondence\Specs\II TO VIII.doc — VIII. RECIPROCAL RESIDENT BIDDER PREFERENCE AND RESIDENT BIDDER CERTIFICATION RESIDENT BIDDER CERTIFICATION CONTRACT NO: PROJECT NAME: DATE OF LETTING: All work shall be performed by a qualified resident bidder. To be a qualified resident bidder, the person, corporation, partnership, or firm shall not have, as employees, Illinois laborers on the work site of a non-federal-aid project within Iowa. An Illinois laborer is any person who has resided in Illinois for at least 30 days and intends to become or remain an Illinois resident. This applies to all labor on the project, whether skilled, semi-skilled, or unskilled, whether manual or non-manual. This also applies to work subcontracted by or to the resident bidder on a non-federal-aid project within Iowa. The resident bidder may place on such work no more than three residents of Illinois who are his regularly employed executive and technical experts. 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 no Illinois resident laborer as defined above will be employed at the work site during the contract period from the start of the project until its completion. COMPANY NAME — CORPORATE OFFICER TITLE DATE RECIPROCAL RESIDENT BIDDER PAGE 1 OF 1 PAGES J:\2006_projects\106.0776\Correspondence\Specs\II TO VIII.doc Revised February 1991 IX. 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) AFFIRMATIVE ACTION PAGE 1 OF 9 PAGES J:\2006_projects\106.0776\Correspondence\Specs\IX AFFIRMATIVE ACTION.doc Name of Equal Employment Officer 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 realizing that our qualification and/or merit system should be evaluated and revised, if necessary. AFFIRMATIVE ACTION PAGE 2 OF 9 PAGES J:\2006_projects\106.0776\Correspondence\Specs\IX AFFIRMATIVE ACTION.doc 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 if e -- (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) Mai 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. D. will seek qualified minority, AFFIRMATIVE ACTION PAGE 3 C F 9 PAGES J:\2006_projects\106.0776\Correspondence\Specs\IX AFFIRMATIVE ACTION.doc (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 Affiuniative 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) Affiinuative 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. 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. AFFIRMATIVE ACTION PAGE 4 OF 9 PAGES J:\2006_projects\106.0776\Correspondence\Specs\IX AFFIRMATIVE ACTION.doc 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 2005, please submit percentage targets for employing minorities and women. If you already have reached your target for hiring minorities and women,please submit that percentage. *Goals for Minorities: Goals for Women: *Your affirmative action goals should be between 1% and 10% or more for minorities and 1% and 5% or more for women. Please be advised that the goals or targets are purely your estimation of how many women and minorities your company can reasonably expect to hire in 1991. 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). AFFIRMATIVE ACTION PAGE 5 OF 9 PAGES J:\2006_projects\106.0776\Correspondence\Specs\IX AFFIRMATIVE ACTION.doc CONTRACTOR'S TOTAL WORK FORCE (WATERLOO) HOURLY NAME AND ADDRESS JOB CATEGORY RACE SEX WAGE INDICATE: DISABLED VETERAN: DV VIETNAM ERA VETERAN: VV WATERLOO DBE/WBE FORMS PAGE 6 OF 9 PAGES J:\2006_projects\106.0776\Correspondence\Specs\IX AFFIRMATIVE ACTION.doc HANDICAPPED: H We hereby certify that we are in compliance with all City and Federal Affirmative Action Regulations and agree to accept all liability for failure to comply. submitted, By: Company Executive Date: By: Equal Employment Opportunity Officer Date: City of Waterloo Affirmative Action Officer Approved Disapproved Reason: By: Date: WATERLOO DBE/WBE FORMS PAGE 7 OF 9 PAGES J:\2006_projects\106.0776\Correspondence\Specs\IX AFFIRMATIVE ACTION.doc DESCRIPTION OF JOB CATEGORIES 1. Officials/Mana2er: 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 that 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 that require special manual skill and a thorough and comprehensive knowledge of the processes involved in the work that is acquired through on-the-job training programs. Includes: Mechanics and repairman, electricians, heavy equipment operators, stationary engineers, skilled machine occupations, carpenters, compositors and typesetters and kindred workers. 6. Sales Workers: Occupations engaging wholly and primarily in direct selling. Includes: advertising agents and salesman, insurance agents and brokers, real estate agents and brokers, stock and bond salesmen, demonstrators, salesmen and sales clerks, grocery clerks and cashier checkers, and kindred workers. 7. Operatives (semi-skilled): Workers who operate machine or processing equipment or perform other factory-type duties of intermediate skill level which 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 WATERLOO DBE/WBE FORMS PAGE 8 OF 9 PAGES J:\2006_projects\106.0776\Correspondence\Specs\IX AFFIRMATIVE ACTION.doc 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 lifting, digging, mixing, loading and pulling operations and kindred workers. 9. Apprentices: Persons employed in a program including work training and related instruction to learn a trade or craft which is traditionally an apprenticeship, regardless of whether the program is registered with a Federal or State agency. 10. Trainees (on-the-job): Production. . . persons in formal training for craftsmen when not trained under apprentice programs--operative laborer, and service occupations. 11. White Collar. . . persons engaged in formal training for clerical, managerial, professional, technical, sales, office and clerical occupations. WATERLOO DBE/WBE FORMS PAGE 9 OF 9 PAGES J:\2006_projects\106.0776\Correspondence\Specs\IX AFFIRMATIVE ACTION.doc X. MBE/WBE FORMS SUBCONTRACTOR'S BID REQUEST FORM (FORMCCO-2) 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). Date Subcontractor's Company Name Subcontractor's Signature Prime Bidder's Signature J:\2006_projects\106.0776\Correspondence\Specs\X WBE-DBE FORMS.doc MBE/WBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM INSTRUCTIONS (FORM CCO-4A) _ Prime Contractor Responsibilities: Prime Contractors bidding on City of Waterloo contract work are required to ensure that MBE/WBE businesses are provided the opportunity to participate in the performance of contracts and _ subcontracts. Prime contractors are required to assist MBE/WBE businesses in overcoming barriers to participation, and must make good faith efforts to secure bids from, and award subcontracts to, MBE/WBE businesses. For all contract bids of $50,000 or more, the following is required to demonstrate good faith efforts in accordance with this policy: 1. "MBE/WBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM" submitted with the prime contractor bid, properly completed and signed on Form CCO-4 (Rev. 06-20-02). Please note that this document must include all subcontractor contacts, bids received, and awarded - _ not just those related to disadvantaged business enterprise vendors. 2. A minimum of three (3) MBE/WBE business contacts must be made and documented, if there are at least three (3) MBE/WBE businesses offering services in the areas to be subcontracted (see City of Waterloo MBE/WBE Certified 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 you have submitted a MBE/WBE contact not on the City's MBE/WBE list, attach a copy of the certification from another government agency. 3. Contacts to each MBE/WBE businesses are required to be a minimum of seven (7)working days prior to the date the prime contractor submits the bid to the City of Waterloo. 4. The following documentation must accompany the "MBE/WBE BUSINESS ENTERPRISE PRE- — BID CONTACT INFORMATION FORM"for each MBE/WBE business contacted: a. A copy of the bid received from the MBE/WBE, OR b. If no bid was received, a copy of correspondence received from the MBE/WBE with a "no _ bid" response, OR c. If no response was received, a copy of the solicitation sent to the MBE/WBE with proof of mailing attached. — 5. If any MBE/WBE business submitting bids are not selected for subcontract award, documentation must accompany the "MBE/WBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM" 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 was 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 the Prime 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. Subcontractors Responsibilities: 1. 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 the City Contract Compliance Officer does not receive sufficient scope letters seven (7)working days prior to bid opening, goals on subject project will be reduced accordingly. Agreements between the bidder/proposer and an MBE/WBE in which the MBE/WBE promises not to provide subcontracting quotations to other bidders/proposers are prohibited. Form CCO-4A Rev. 07-08-02 — WATERLOO DBE/WBE FORMS PAGE 2 OF 4 PAGES J:\2006_projects\106.0776\Correspondence\Specs\X WBE-DBE FORMS.doc MBE/WBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION (FORM CCO-4) _ Prime Contractor Name: Project: Letting Date: NO MBE/WBE SUBCONTRACTORS: If you are NOT using any MBE/WBE subcontractors to complete this project, sign below. Attach a brief explanation as to why subcontracting was not feasible with this project. If any MBE/WBE subcontractors will be used, please use the bottom portion of this form. Contractor Signature: Title: Date: SUBCONTRACTORS APPLICABLE: You are required, in order for your bid to be considered responsive, to provide the information on this form showing ALL of your MBE/WBE subcontractor contacts made for your bid submission. This information is subject to verification. Any questions should be directed to Contract Compliance Office 319-291-4429. You are required, in order for your bid to be considered responsive, to provide the information on this Form showing your MBE/WBE Business Enterprise contacts made prior to your bid submission. This information is subject to verifications and confirmation. If you are unable to identify MBE/WBE firms to perform portions of the work, please contact Louis Starks, Contract Compliance Officer, for assistance at(319) 291-4429. In the event it is determined that the MBE/WBE Business Enterprise goals are not met, then before awarding the contract the City of Waterloo will make a determination as to whether or not the apparent successful low bidder made good faith efforts to meet the goals. TABLE OF INFORMATION SHOWING BIDDER'S PRE-BID MBE/WBE CONTACTS Quotes Received Quotation used in bid MBE/WBE Dates Yes/No Dates Yes/No Dollar Amount Subcontractors Contacted Contacted Proposed to Be Subcontracted (Form CCO-4) Rev.06-20-02 WATERLOO DBE/WBE FORMS PAGE 3 OF 4 PAGES J:\2006_projects\106.0776\Correspondence\Specs\X WBE-DBE FORMS.doc LETTER OF INTENT TO BID (MBE/WBE LETTER- FORM CCO-5) — According to the Current MBE/WBE Contract Compliance Program - 2005, 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 _ WATERLOO DBE/WBE FORMS PAGE 4 OF 4 PAGES J:\2006_projects\106.0776\Correspondence\Specs\X WBE-DBE FORMS.doc XI. CERTIFIED MBE /WBE CONTRACTORS CITY OF WATERLOO, IOWA CONTRACT COMPLIANCE OFFICE Community Development Board Carnegie Annex, Suite 202 620 Mulberry Street Waterloo, Iowa 50703 City WEB Site: www.ci.waterloo.ia.us Contractor should visit the Contract Compliance WEB Site for listing updates: http://www.wplwloo.lib.ia.us/contractcomplia nce/ Contact: Louis Starks, Contracts and Grants Coordinator Email: louis.starks(a�waterloo-ia.orq Phone: (319) 291-4429 Fax: (319) 291-4431 _ The list provided is geographically limited to City of Waterloo MBE/WBE contractors. The contractor may use any State Certified TSB Enterprise to meet the goals. WATERLOO MBE/WBE LIST PAGE 1 OF 3 PAGES J:\2006_projects\106.0776\Correspondence\Specs\xI WATERLOO WBE-DBE LIST.doc CITY CERTIFIED MBE/DBE CONTRACTORS - ENTERPRISE SPECIALIZING IN CARTER ELECTRIC ELECTRICAL CONTRACTOR — 725 Adams Street Waterloo, IA 50703 Phone: (319) 232-9808 — Pager: (319)235-4021 Contact: Derrick Carter CULPEPPER ELECTRIC ELECTRICAL CONTRACTOR 1731 Cottage Grove Avenue Waterloo, IA 50707 Phone: (319) 235-0885 Fax: (319)236-8177 Contact: Martin Culpepper -- Licensed Electrician COCKHREN ROOFING ROOFING 1708 Newell Street Waterloo, IA 50703 Phone: (319) 232-7513 Contact: James Cockhren CLINTON JONES TRUCKING TRUCKING — 1202 Mulberry Street Waterloo, IA 50703 Phone: (319) 235-4401 Contact: Clinton Jones GLADYS HEASLEY TRUCKING* (was Inactive as TRUCKING of 4/26/04) 807 W. Mullan Avenue Waterloo, IA 50701-5926 Phone: (319) 234-8555 Cell: (319)493-0208 Contact: Gladys Heasley CHARLIE SCHAUF TRUCKING TRUCKING 627 Adams Street Waterloo, IA 50703 Phone: (319)232-4717 Contact: Charles Schauf DANIELS HOME IMPROVEMENT ALL TYPES OF CONCRETE FLATWORK, — 339 Albany Street POURED WALLS—ALL TYPES, Waterloo, IA 50703 FOOTINGS, LIGHT DEMOLITION Phone: (319) 833-0118 Contact: Sammy Daniels — DENTER CORPORATION COMMERCIAL AND RESIDENTIAL 426 Beech Street DEMOLITION, CONCRETE PAVING, Waterloo, IA 50703 DRIVEWAYS, TRUCKING (ALL TYPES), Phone: (319) 236-9075 FAX: (319) 236- GENERAL CONSTRUCTION 0515 Contact: Terry Phillips GREER'S WORKS DRIVEWAYS, SIDEWALKS, CARPENTRY, — 2003 Plainview Street ROOFING, GENERAL CONSTRUCTION Waterloo, IA 50703 Phone: (319) 233-4701 Contact: Willie Greer WATERLOO MBE/WBE LIST PAGE 2 OF 3 PAGES J:\2006_projects\106.0776\Correspondence\Specs\XI WATERLOO WBE-DBE LIST.doc ELIAS GROVER CEMENT CONTRACTORS ALL TYPES OF CONCRETE FLATWORK, 116 Carl Street ASPHALT, GENERAL CONSTRUCTION Waterloo, IA 50703 Phone: (319) 234-3839 Contact: Elias Grover, Owner LOVE'S ENTERPRISE CONCRETE PAVING, ASPHALT, 835 West Fifth St. DRIVEWAYS, SIDEWALKS, TRUCKING P.O. Box 246 Waterloo, IA 50704 Phone: (319) 233-3260 Contact: David Love OLD GREER'S WORKS GENERAL CONSTRUCTION 2309 Springview Street Waterloo, IA 50707 Phone: (319)233-2150 Contact: David L. Greer, Sr. PAULINE COMPANY, INC. EROSION CONTROL, TRUCKING, 139 Clark Street GUARDRAIL, CLEARING AND GRUBBING P. O. Box 1623 CONCRETE PAVING, ASPHALT, CURB Waterloo, IA 50703 AND GUTTER, DRIVEWAYS, SIDEWALKS, Phone: (319) 236-2345 FAX: (319) 236-1568 MASONRY WORK, ROOFING, CD email: DJToay(c�aol.com BASKETS, ROADWAY PIPE, TILE Certified: Targeted Small Business, Iowa DOT LOCATING, REVETMENT, SHOULDERS, Contact: W.C. Stokes, Owner FIELD FENCE, GENERAL CONSTRUCTION WORK QUICK CONSTRUCTION ALL TYPES OF CONCRETE FLATWORK 217 Bates Street AND GENERAL CONSTRUCTION Waterloo, IA 50703 Phone: (319)232-5564 Contact: Leroy Harrington ARTHUR TAYLOR GENERAL REHABILITATION 701 Albany Street Waterloo, IA 50703 Phone: (319) 235-0041 Contact: Arthur Taylor ATLAS PAINTING, INC.* COMMERCIAL AND INDUSTRIAL 911 Sycamore Street PAINTING P.O. BOX 65 Waterloo, IA 50704 Phone: (319) 232-9164 PETERMAN & HAES CARPET ONE* FLOOR COVERING 4003 University Avenue Waterloo, IA 50701 Phone : (319) 233-6131 FAX: (319) 233- 6133 email: JR11486cfu.net Certified: City of Waterloo WBE Contact : Carol Reese -- WATCO CONSTRUCTION, INC.* STORM SEWER, INLETS, DRAIN TILE, 2920 Texas Street WATER MAIN, SANITARY SEWER, Waterloo, IA 50702 INTAKE STRUCTURES Phone : (319)233-7481 Contact : Patricia J. Kimball WATERLOO MBE/WBE LIST PAGE 3 OF 3 PAGES J:\2006_projects\106.0776\Correspondence\Specs\XI WATERLOO WBE-DBE LIST.doc XII. TARGETED SMALL BUSINESS (TSB) AFFIRMATIVE ACTION RESPONSIBILITIES ON NON-FEDERAL-AID PROJECTS (THIRD-PARTY STATE-ASSISTED PROJECTS) 1. TSB DEFINITION A TSB is a small business, as defined by Iowa Code Section 15 102(5), which is 51% or more owned, operated and actively managed by one or more women, minority persons or persons with a disability. Generally this is a for- profit small business enterprise under single management, is located in Iowa and has an annual gross income of less than 3 million dollars computed as an average of the three preceding fiscal years. 2. TSB REQUIREMENTS In all State-assisted projects made available through the Iowa Department of Transportation, local governments have certain affirmative action requirements to encourage and increase participation of disadvantaged individuals in business enterprises. These requirements are based on Iowa Code Section 19B.7 and 541 Iowa Administrative Code Chapter 4. These requirements supersede all existing TSB regulations, orders, circulars and administrative requirements. 3. TSB DIRECTORY INFORMATION Available from: Iowa Department of Inspections and Appeals Targeted Small Business Lucas Building Des Moines, IA 50319 Phone: 515-281-7357 Website: www.iowai.net/iowa/dia/tsb 4. THE CONTRACTOR'S TSB POLICY The contractor is expected to promote participation of disadvantaged business enterprises as suppliers, manufactures and subcontractors through a continuous, positive, result-oriented program. Therefore the contractor's TSB policy shall be: It is the policy of this firm that Targeted Small Business (TSB) concerns shall have the maximum practical opportunity to participate in contracts funded with State-assisted funds which are administered by this firm (e.g. suppliers, manufactures and subcontractors). The purpose of our policy is to encourage and increase the TSB participation in contracting opportunities made available by State-assisted programs. J:\2006_projects\106.0776\Correspondence\Specs\XII TSB.doc 5. CONTRACTOR SHALL APPOINT AN EQUAL EMPLOYMENT OPPORTUNITY (EEO) OFFICER — The contractor shall designate a responsible person to serve as TSB officer to fulfill the contractors affirmative action responsibilities. This person shall have the necessary statistics, funding, authority and responsibility to carry out and enforce the firm's EEO policy. The EEO officer shall be responsible for developing, managing and implementing the program on a day-to-day basis. The officer shall also: — A. For current TSB information, contact the Iowa Department of Inspections and Appeals (515-281-7357) to identify potential material suppliers, manufactures and contractors. — B. Make every reasonable effort to involve TSBs by soliciting quotations from them and incorporating them into the firm's bid. C. Make every reasonable effort to establish systematic written and verbal — contact with those TSBs having the materials or expertise to perform the work to be subcontracted, at least two weeks prior to the time quotations are to be submitted. Maintain complete records of — negotiation efforts. D. Provide or arrange for assistance to TSBs in seeking bonding, analyzing plans/specifications or other actions that can be viewed as — technical assistance. E. Ensure the scheduled progress payments are made to TSBs as agreed in subcontract agreements. — F. Require all subcontractors and material suppliers to comply with all contract equal opportunity and affirmative action provisions. 6. COUNTING TSBs PARTICIPATION ON A PROJECT TSBs are to assume actual and contractual responsibilities for provision of materials/supplies, subcontracted work or other commercially useful function. — A. The bidder may count: (1) Planned expenditures for materials/supplies to be obtained from TSB suppliers and manufacturers; or — (2) Work to be subcontracted to a TSB; or (3) Any other commercially useful function. B. The contractor may count: — (1) 100% of an expenditure to a TSB manufacturer that produces/supplies goods manufactured from raw materials. (2) 60% of an expenditure to TSB suppliers that are not — manufacturers; provided the suppliers perform a commercially useful function in the supply process. (3) Only those expenditures to TSBs that perform a commercially — useful function in the work of a contract, including those as a subcontractor. (4) Work the Contracting Authority has determined that it involves a — commercially useful function. The TSB must have a necessary and useful role in the transaction of a kind for which there is a market outside the context of the TSB program. For example, — J:\2006_projects\106.0776\Correspondence\Specs\XI I TSB.doc leasing equipment or purchasing materials from the prime contractor would not count. 7. REQUIRED DATA, DOCUMENTS AND CONTRACT AWARD PROCEDURES FROM BIDDERS/CONTRACTORS FOR PROJECTS WITH ASSIGNED GOALS A. Bidders -- Bidders who fail to demonstrate reasonable positive efforts may be declared ineligible to be awarded the contract. Bidders shall complete the bidding documents plus a separate form called "TSB Pre-Bid Contact Information". This form includes: (1) Name(s) of the TSB(s) contacted regarding subcontractable items. (2) Date of the contract. (3) Whether or not a TSB bid/quotation was received. (4) Whether or not the TSB's bid/quotation was used. (5) The dollar amount proposed to be subcontracted. B. Contractors Using Quotes From TSBs Use those TSBs whose quotes are listed in the "Quotation Used in Bid" column along with a "yes" indicated on the Pre-bid Contact Information form. C. Contractors NOT Using Quotes From TSBs If there are no TSBs listed on the Pre-bid Contract Information form, then the contractor shall document all efforts made to include TSB participation in this project by documenting the following: (1) What pre-solicitation or pre-bid meetings scheduled by the contracting authority were attended? (2) Which general news circulation, trade associations and/or minority-focused media were advertised concerning the subcontracting opportunities? (3) Were written notices sent to TSBs that TSBs were being solicited and was sufficient time allowed for the TSBs to participate effectively? (4) Were initial solicitations of interested TSBs followed up? (5) Were TSBs provided with adequate information about the plans, specifications and requirements of the contract? (6) Were interested TSBs negotiated with in good faith? If a TSB was rejected as unqualified, was the decision based on an investigation of their capabilities? (7) Were interested TSBs assisted in obtaining bonding, lines of credit or insurance required by the contractor? (8) Were services used of minority community organization, minority -- contractors groups; local, State and Federal minority business assistance offices or any other organization providing such assistance. The above documentation shall remain in the contractor's files for a period of three (3) years after the completion of the project and be available for examination by the Iowa Department of Inspections and Appeals. J:\2006_projects\106.0776\Correspondence\Specs\XII TSB.doc 8. POSITIVE EFFORT DOCUMENTATION WHEN NO GOALS ARE ASSIGNED _ Contractors are also required to make positive efforts in utilizing TSBs on all State-assisted projects which are not assigned goals. Form "TSB Pre-bid Contact Information" is required to be submitted with bids on all projects. If there is no TSB participation, then the contractor shall comply with section 7C. of this document prior to the contract award. 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STATEMENT OF BIDDERS 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 data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached -- sheets. The Bidder may submit any additional information 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 perfoumed 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 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: 16. Will you, upon request, fill out a detailed financial statement and furnish any other infoiniation that may be required by the City of Waterloo, Iowa? STATEMENT OF BIDDERS QUALIFICATIONS PAGE 1 OF 2 PAGES J:\2006_projects\106.0776\Correspondence\Specs\XIII STATEMENT OF BIDDERS QUALIFICATIONS.doc 17. The undersigned hereby authorizes and requests any person, fiiiii, or corporation to furnish any infoiniation requested by the City of Waterloo, Iowa, in verification of — the recitals comprising this Statement of Bidder's Qualifications. Dated at , this day of , 200 . (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 , 200 Notary Public — My commission expires STATEMENT OF BIDDERS QUALIFICATIONS PAGE 2 OF 2 PAGES J:\2006_projects\106.0776\Correspondence\Specs\XIII STATEMENT OF BIDDERS QUALIFICATIONS.doc XIV. SPECIFICATIONS FOR TRAFFIC SIGNAL MODIFICATIONS AT AIRPORT BLVD AND WESTBOUND BROADWAY ST DIVISION 1: CS-TSF-8155(691)-85-07 AIRPORT BLVD AND EASTBOUND BROADWAY ST DIVISION 2: CS-TSF-8155(693)-85-07 DUBUQUE RD AND IDAHO ST DIVISION 3: CS-TSF-8155(692)-85-07 IN WATERLOO, IOWA 1. SCOPE 1 2. DEFINITIONS 2 3. RELATED SPECIFICATIONS AND STANDARDS 2 4. SOLID STATE ACTUATED TRAFFIC SIGNAL CONTROLLERS 2 5. VEHICULAR SIGNAL HEADS-LED 3 6. PEDESTRIAN SIGNAL HEADS 4 _ 7. BACKPLATES 5 8. OPTICALLY PROGRAMMABLE TRAFFIC SIGNAL HEADS 5 9. GALVANIZED STEEL TRAFFIC SIGNAL PEDESTALS 6 10. GALVANIZED STEEL TRAFFIC SIGNAL SUPPORTS 6 11. MOUNTING HARDWARE 7 12. PEDESTRIAN PUSHBUTTON DETECTORS 7 13. SIGNAL SERVICE METER BYPASS SOCKET 8 14. LUMINAIRES 8 15. EMERGENCY VEHICLE PRE-EMPTION (EVP) SYSTEM 9 16. VIDEO DETECTION SYSTEM (VDS) 9 17. TRAFFIC MONITORING CAMERA 10 18. WIRELESS COMMUNICATIONS 11 _ 19. NETWORK VIDEO TRANSMISSION RECEIVER AND TRANSMITTER 13 20. MONITORING CAMERA AND WIRELESS SYSTEM MISCELLANEOUS 13 21. INDUCTIVE DETECTOR LOOPS 14 22. BLANK OUT SIGNS 15 23. MATERIAL AND INSTALLATION REQUIREMENTS 15 1. SCOPE a. This Specifications covers the work described in the plans, Specifications and Special Provisions. It covers furnishing all labor, equipment and materials, and performing all required operations to complete the work as per plans and Specifications. Unless otherwise modified by the Specifications, all work, including equipment, material and installation, shall be in accordance with the appropriate Iowa DOT standard and supplemental specifications. Where SPECIFICATIONS PAGE 1 OF 30 PAGES J:\2006 projects\106.0776\Correspondence\Specs\XIV SPECIFICATIONS.doc reference is made to the codes, standard specifications, supplemental specifications, the safety orders, the general orders, the standards, laws, and ordinances, it shall mean the version of the reference that is in effect on the bid advertising date. 2. DEFINITIONS a. Terms used in this Specifications shall have the meanings defined in paragraphs b to i below. b. IDOT means the Iowa Department of Transportation. c. City means City of Waterloo, Iowa or its representatives. d. WTOD means City of Waterloo Traffic Operations Department. e. Punch List means a list of items that need to be corrected by the contractor on the project before the final acceptance can be made. f. Response Time means the elapsed time from when the contractor is given a notice to make certain actions to the time the contractor actually starts the action. g. Contractor means the contractor and/or contractors representatives and sub- contractors. .. h. LED means light emitting diode. i. LED Unit means the optical assembly of one section of a signal head with LED light source. 3. RELATED SPECIFICATIONS AND STANDARDS a. The contractor shall comply with all of the standards listed in paragraphs b to m below unless otherwise modified by plans, Specifications, or Special Provisions. The contractor shall notify WTOD in writing of any discrepancy or ambiguity as to the intent or meaning of the plans, Specifications, or Special Provision before starting to work on that area. WTOD will supply the contractor in writing with .. the intent. The decision of WTOD shall be final and conclusive. b. ITE (Institute of Transportation Engineers) Standards. c. IDOT Standard Specifications for Highway and Bridge Construction, and all current Supplemental Specifications in particular Sections 2402, 2403, 2404, 2405. 2408, 2423, 4187, and Division 26. _ d. Specifications of the Underwriters Laboratories, Inc. e. National Electrical Code. f. National Electrical Safety Code. g. MUTCD - Iowa Manual on Uniform Traffic Control Devices. h. NEMA (National Electrical Manufacturers Association) standards. i. ASTM (American Society for Testing Materials) standards. j. ANSI (American National Standards Institute) standards. k. IMSA(International Municipal Signal Association) standards. 1. Local Ordinances. m. All pertinent state and federal laws and regulations covering material, design, construction, and operation. 4. SOLID STATE ACTUATED TRAFFIC SIGNAL CONTROLLERS a. Controller shall be NEMA TS-2 Type 1. b. Controller shall conform to the IDOT, Specification 2525, parts V.A. through V.C. SPECIFICATIONS PAGE 2 OF 30 PAGES J:\2006_projects\106.0776\Correspondence\Specs\XIV SPECIFICATIONS.doc c. Controller user interface shall be through a menu-driven, English language display visible in daylight. Controller shall be two to eight phase and have a two-phase pedestrian movements. Pedestrian timing functions shall be provided on all controllers. d. Controller shall be capable of being integrated into and shall be fully compatible with one of the City's existing closed loop traffic signal systems of MarcNX by Siemens or Aries by Econolite. Controller shall have all the latest upgrade revisions made to it. e. A minimum of four independent preemption functions shall be provided on each controller. Controllers shall be capable of free operation and shall revert to such operation in the event of an appropriate signal from the master controller or an MM. interruption in the communications for three consecutive cycles. f. Coordination of controllers shall include, interconnect and stand-alone time-based coordination features and traffic responsive program select of the master. Controllers shall be provided with volume-density operational features, and shall be capable of generating database reports and status reports. g. The controller shall contain all necessary communications equipment and shall be capable of full upload and download to and from the master without the use of an external communications interface unit. h. The controller shall come equipped with a flash type memory card (key card). 5. VEHICULAR SIGNAL HEADS-LED a. Signal indications shall be 12"in diameter. b. The signal heads shall be sectional in construction requiring one section for each light indication. c. All traffic signal light sources shall be LED. LED and LED assemblies shall meet and exceed all pertinent NEMA, IEEE, and ITE standards. d. Signal heads lenses can be made of glass or ultraviolet (UV) stabilized synthetic materials. Non-polycarbonate synthetic lenses shall meet the ITE color standards and 31/2 foot drop test. Lenses should have a smooth outer surface and shall be free of bubbles, flaws and imperfections. Lenses shall be capable of withstanding ultraviolet exposure from direct sunlight for a minimum period of 36 months without exhibiting evidence of deterioration. Lenses may be tinted or may use transparent film or materials with similar characteristics to enhance "ON/OFF" contrasts. The use of tinting or other materials to enhance "ON/OFF" contrast shall not affect chromaticity and shall be uniform across the face of the lens. If a polymeric lens is used, a surface coating or chemical surface treatment shall be used to provide front surface abrasion resistance. e. The housing for the individual sections shall be made of a die-cast aluminum. The top and bottom of each section shall have an integral locking ring with separations to permit rotation of the signal head in five-degree increments. Openings in the top and bottom of the signal shall accommodate standard one and one-half inch (1 1/2") bracket arms. All joints between sections shall be waterproof Locknuts or other means approved by the engineer shall hold the section firmly together. f. Each section shall be complete with a one (1) piece, hinged door with watertight gaskets and two (2) stainless steel locking devices. The hinged pins shall be SPECIFICATIONS PAGE 3 OF 30 PAGES J:\2006projects\106.0776\Correspondence\Specs\XIV SPECIFICATIONS.doc designed so that the doors may be easily removed and reinstalled without use of special tools. g. One section of a three or more section assembly shall be equipped with terminal block for termination of field wiring. h. Each lens shall have a visor as per plans or Special Provisions not less than eight inches (8") in length and designed to shield each lens. Aluminum tunnel visors shall have a minimum thickness of 0.05" and be painted flat black. i. The lamp socket shall be equipped with color-coded wire, red, yellow, or green, �-- depending upon the lens color of the section. j. The socket wires shall be a minimum of twenty-six inches (26") long, composed of wire with insulation designated to withstand one hundred five degrees (105°) '" centigrade. The wiring leads shall be terminated with spade lugs for ease of connection to terminal block. The socket shall be equipped with a gasket to insure a dust-tight fit. k. A coupling washer assembly comprised of two (2) washers, three (3) cadmium- plated bolts, nuts and lock washers shall lock the individual sections together. The hole in the coupling washer assembly shall be large enough to accommodate tow three(3),three-fourths inch(3/4") cables. 1. When traffic signal heads are attached to mast arms, the bracketing shall be astro- bracket type or City approved equivalent. No plumbizers are acceptable. m. The signal heads shall be constructed of the highest quality materials. High-grade workmanship shall be used throughout. Each head shall have a smooth surface both inside and outside and shall contain no sharp fins or sharp projections of any kind. n. All components of the vehicular traffic signal heads furnished under this Specification shall comply with the latest ITE Standards on adjustable face vehicle traffic control signal heads. o. Certification. The City shall be furnished with a certification from the manufacturer of the signal head that the equipment furnished under this Specification complies with all provisions of this Special Provisions. If there are any items, which do not comply with this Specifications, a list of those exceptions must be detailed on the certification. p. All screws, latching bolts and hinge pins shall be according to manufacturers' recommendations. One section of the three section signal shall be equipped with a six position terminal block for termination of field wiring. Each five indication signal shall be equipped with and eight position terminal block. q. All surfaces of metal signal housing doors and visor shall be treated with either a prime coat of zinc chromate or a chromate aluminum oxide coating process. The finish shall be of best quality oven baked, federal yellow, enamel, except the doors and visors shall be flat black. 6. PEDESTRIAN SIGNAL HEADS a. All pedestrian signal heads shall include all the necessary fittings and brackets and shall use LED. The signal shall be with a universal don't walk "HAND" symbol indication and a universal walk "MAN" symbol indication. All main bodies and door assemblies for pedestrian signals shall be constructed of die cast aluminum. SPECIFICATIONS PAGE 4 OF 30 PAGES J:\2006_projects\106.0776\Correspondence\Specs\XIV SPECIFICATIONS.doc Lenses shall be twelve inch (12") inches. Other properties shall be the same as defined for vehicular traffic signal heads defined earlier. 7. BACKPLATES a. Backplates shall be aluminum and louvered. Backplates shall be five-inch border in size and shall be at least 0.05" thick. A one inch radius shall be provided on all corners. Each backplate shall be furnished with all the necessary mounting hardware for attachment according to manufacturers' instructions. b. The size of each backplate shall be suitable for mounting on three section and five section, twelve inch signal heads including space for plumbizers, when called for. All mounting hardware shall be rustproof and corrosion resistant. 8. OPTICALLY PROGRAMMABLE TRAFFIC SIGNAL HEADS a. Visibility programming may be either through lens and masking, or by use of mechanical-electronic devices, or by use of geometrically adjusted mechanism using specialty tool keys. Where lens and masking is referred to in this chapter it shall refer to the former type. b. Programmable visibility, traffic signal heads shall have twelve-inch diameter lens openings and shall include all necessary fittings and brackets. c. Unless otherwise stated herein, all optically limiting traffic signal heads furnished under the Specification shall meet the requirements of the Specification "Vehicular Traffic Signal Heads". d. These signal heads shall permit the visibility zone of the indication to be determined optically. The field of light coverage vertically, laterally, and longitudinally shall be controlled within any axis. The projected signal indication shall be visible or selectively veiled anywhere within fifteen degrees of the optical axis. The appurtenances and components of the optically limiting signal head shall be in conformance with the applicable requirements of traffic signal heads, except as hereinafter provided. e. The signal section shall be provided with a rigid connection that permits tilting from at least nine degrees above to nine degrees below the horizontal while maintaining a common vertical line through couplers and conduit. Head assemblies shall be adaptable for mounting on conventional mounting fixtures or in combination with conventional signal sections. The signal section shall be capable of mounting and servicing with ordinary tools. f. The optical limiter mechanism shall permit an effective veiling system to be selectively applied as determined by the desired visibility zone. g. For lens & mask systems the objective lens shall be a high resolution; planar incremental lens hermetically sealed within a flat laminate of weather resistant acrylic plastic. Lens colors shall conform to the Institute of Traffic Engineers transmittance and chromatic standards. The visible signal indication shall be ten and three-fourths inches (10-3/4") in diameter for circular indications, and the visible arrow indication shall conform to the requirements of the Institute of Traffic Engineers standards. The optical masking tape shall have a silver reflective back with black adhesive surface. The tape shall stick firmly at any temperature from minus twenty degrees (-20°) F. to three hundred degrees (300°) F. and shall not deteriorate with age. It shall be easily removable from the limiter SPECIFICATIONS PAGE 5 OF 30 PAGES J:\2006_projects\106.0776\Correspondence\Specs\XIV SPECIFICATIONS.doc at all times. Masking shall be performed by the contractor and at the direction of the engineer until acceptable to the City. Miscellaneous Requirements. h. Unless marked on the plans, the visibility zone will be determined by the engineer and given to the contractor prior to signal activation. The contractor shall program the signal indications in accordance with the manufacturers directions. ._ 9. GALVANIZED STEEL TRAFFIC SIGNAL PEDESTALS a. Construction. The length of the pedestal, from the bottom of the base to the top of the shaft shall be ten feet or otherwise specified on the plans. b. The pedestal shaft shall be fabricated of tubing with a wall thickness of at least one-eight inches. It shall have a satin brush or spun finish. The top of the shaft shall have an outer diameter to receive a pole-top mounting bracket of a traffic signal or a pedestal-mounted traffic signal controller. c. Galvanization of the pole shall be in accordance with the latest revision of A.S.T.M. A123. All hardware shall be of hot dipped galvanized steel in accordance with the latest revision of A.S.T.M. A123. All pedestal poles shall be galvanized steel and shall be in conformance with IDOT Specification 5954M. _ d. The pedestal base shall be cast-aluminum, square in shape, with a handhole. The size of the handhole shall be at least four inches by six inches (4" x 6") and equipped with a cover, which can be securely fastened to the shaft with the use of _ simple tools. e. Bases shall have a minimum weight of 20 pounds, and shall have a 4 bolt pattern uniformly spaced on a 13 and 3/4 inch diameter bolt circle. The exterior of the base shall be smooth and have a neat appearance. f. Anchor Bolts. 4 galvanized, three-fourths inch by fifteen inch (3/4" x 15") hot rolled steel anchor bolts shall be supplied, complete with all the hardware required _. for installation. The anchor bolts shall have a right angle bend at the bottom end and threaded at the top end. 10. GALVANIZED STEEL TRAFFIC SIGNAL SUPPORTS a. The signal tubular mast arms and support poles shall be continuous steel poles of the anchor base type as shown on the plans. The pole shall be fabricated from low carbon (maximum carbon 0.30%) steel of U.S. Standard Gauge and shall be manufactured from steel sheet with one continuous welded vertical seam. b. After manufactured, they shall have a minimum yield strength of 48,000 psi. The base shall be of heavy cast or rolled steel attached to the lower end of the shaft by a continuous weld on both the inside and outside of the shaft. The diameter of the bolt circle shall be as specified by the manufacturer. _ c. It is permissible to fabricate poles and mast aims by welding 2 sections together by vendor only. Welding and fabrication shall confoiiu to the Structural Welding Code AWS, as modified by ASSHTO Standard Specifications for Welding of Structural Steel Highway Bridges and the current IDOT Supplemental Specifications for Structural Steel. d. The pole shall be designed to support the traffic signals and/or signs with the _ clearance as shown on the plans. Where called for on the plans, the poles shall be designed to assume high-rise design luminaire arms for streetlights. If needed, the shaft may be drilled in the filed for mast arm clamps. The pole shall be equipped SPECIFICATIONS PAGE 6 OF 30 PAGES J:\2006_projects\106.0776\Correspondence\Specs\XIV SPECIFICATIONS.doc with a minimum two foot by one foot - ten-inch (2' x 1'-10") transformer base. Securing of the cover of the shaft shall be possible with the use of simple tools. e. The mast arms and poles shall be equipped with all necessary hardware, shims, and anchor bolts to provide a complete installation without additional parts. f In addition to what is shown on the plans, all signal poles and mast arms shall be designed to carry a 5 section traffic signal head and a 24" x 36" sign at the end of each mast arm. g. Galvanization of the pole and mast arms shall be in accordance with the latest revision of A.S.T.M. A123. All hardware shall be of hot dipped galvanized steel in accordance with the latest revision of A.S.T.M. A123. All mast arms and support poles shall be galvanized steel and shall be in conformance with IDOT MM. Specification 2525. h. All luminaire extensions shall provide for 35' mounting height and 15' overhang unless otherwise specified on the plans. i. All signal supports shall contain the anchor bolts. The anchor bolts shall be constructed from A36 steel with a minimum yield strength of 50,000 psi. The anchor bolts shall be hot dipped galvanized for a minimum of 12" on the threaded end and shall be threaded a minimum of 6" at one end and have a 4" long, 90° bend at the other end. j. Certification. The fabricator shall certify that the mast arms are capable of -. withstanding winds of at least 100 mph without failure; that only certified welding operators in accordance with AWS D1.1-75 or latest revisions were used; and that only electrodes as modified by the current version of AASHTO Standard Specifications for Welding of Structural Steel for Highway Bridges were used. 11. MOUNTING HARDWARE a. Signals shall be provided with adjustable brackets for mounting, as well as all other hardware necessary to completely mount the signals. Plumbizers are not acceptable unless they are specifically called for on the plans. If plumbizers are provided the openings in the top and bottom of traffic signal sections shall be plugged. All openings not used shall be plugged with a metal octagonal signal closure cap. No plastic devices of any type will be allowed. b. A gasket shall be provided in the top section to prevent entry of rain or moisture. Mast arm mounted signals shall be mounted with one (1) section above the mast arm center line and two (2) sections below or with two (2) sections above and three (3) sections below in the case of five (5) section signal heads. Top and bottom brackets will be required for all pole mounted signal heads unless otherwise shown in the plans. All mounting brackets shall be stainless steel. 12. PEDESTRIAN PUSHBUTTON DETECTORS a. Pedestrian pushbutton detectors shall have a pressure or piezo-electric activated solid state with no handles or toggle switches. The body shall be powdered coated aluminum. The body color shall be yellow in color and the push button shall be stainless steel. The contacts shall be entirely insulated from the case and operating button with terminals for making connections. The case shall have 1 outlet 1/2" pipe. The entire assembly shall be weatherproof, water tight, and freeze proof and shall be secure against electrical shock and be of such SPECIFICATIONS PAGE 7 0: 30 PAGES J:\2006_projects\106.0776\Correspondence\Specs\XIV SPECIFICATIONS.doc construction as to withstand continuous hard usage. The contact shall be normally open and no current flowing except at the moment of actuation. The push button WOW shall have an LED light and shall flash each time the button is pushed. The push button shall emit an audible sound when the button is pushed and emit an audible sound of different frequency when the button is released. 13. SIGNAL SERVICE METER BYPASS SOCKET a. Service panel cabinets shall be furnished when indicated on the project plans/or Specifications and be installed onto the traffic signal controller cabinet by the contractor. Meter socket shall be UL and ANSI approved and a stamp showing approvals must be visible on inside of the socket. Meter sockets shall be constructed of steel and finished with light electrostatically applied gray coating. .� b. The meter socket shall be rated for two 100-amp terminals and have a 5th terminal as a neutral. The meter socket shall also operate with a by pass device so that the traffic signal will not power down during installation or removal of the utility meter. The contractor shall notify the utility company of the signal startup then the utility company will supply and install the meter. c. Units can be any of Anchor Electric U42552-HO, Landis & GYR, HQ-5U- 40405-015, Millbank NU9318-XL, or Durham T-H5213-U (HCP) or equivalent. 14. LUMINAIRES a. Unless otherwise shown on the plans, the luminaires shall be 250 watt high pressure sodium vapor with integral constant wattage ballast wired and installed for operation on 120 volt AC, single phase, 60 Hz. Luminaires shall provide ANSI/IES light distribution pattern Type II. b. Lighting conductors installed for luminaires shall be 1C#10 stranded type THWN, unless otherwise indicated on the plans. c. The contractor shall verify that the luminaire photocell is operational prior to installation. d. Each luminaire shall be complete with EEI-NEMA Standard through terminal polarized, twist-lock type photoelectric control receptacle. e. Individual luminaires shall be provided with molded in-line fuse connector within the mast arm pole base. Molded fused connector shall provide waterproof connections with breakaway feature, and be sized to fit the conductors. Fuses shall be 10-ampere cartridge type. The neutral conductor shall not be fused. f. The photoelectric control turning "ON" and "OFF" roadway luminaires shall be in accordance with the following: g. The photoelectric controls shall be of a solid-state crystal sensing type with an inverted turn-on and turn-off design and shall meet the design and quality .� requirements specified in the current acceptable standards to ANSI C136.10. The device shall have surge protection conforming to the requirements in the current acceptable surge protection ANSI standards. h. The voltage rating of the control device shall be multi-voltage operating properly over the input voltage range of one hundred five (105) to two hundred eight-five (285) volts, 50-60 Hertz, alternating current with no change in the turn-on and turn-off foot-candle values, and a maximum total drift of not more than one SPECIFICATIONS PAGE 8 OF 30 PAGES J:\2006_projects\106.0776\Correspondence\Specs\XIV SPECIFICATIONS.doc percent (1%) over ten (10) years. The control device shall be fully rated at 1800 VA, fifteen(15) amps for all HID lamps. i. The control device shall have a minimum thirty (30) second time delay to eliminate false operation due to lighting or stray passing lights, shall provide fail- safe operation (the light supply shall remain "ON" if the control circuit fails), and _ shall be equipped with an arrester for built-in transient surge protection. j. The "TURN ON" level of the control device shall be three (3.0) foot-candles at the appropriate voltage; the"TURN OFF" level of the control device sixty percent (60%) of the turn on value. 15. EMERGENCY VEHICLE PRE-EMPTION (EVP) SYSTEM a. EVP system shall be fully compatible with City's existing OptiCom system and a shall conform to the plans. 16. VIDEO DETECTION SYSTEM (VDS) a. The Video Detection System and its components, referred to as the VDS, shall comply with the requirements listed in this Specifications as stated in the following paragraphs, and shall be mounted according to the manufacturers ..., recommendations. The VDS shall be fully operable. The VDS shall have the following capabilities and components: b. Detecting presence and passage of vehicles, .. c. NEMA compatible out put to NEMA controller, d. Compatible signal out put for detection as NEMA loop detectors, e. Settable and definable loop detection area as far as at least 10 times the mounting height up to at least 350 ft measured from the camera mounting location. f. Roadway surface coverage within 15 degrees cone of camera vision (30 degrees) sweep from camera lens axis measured from the camera mounting without performance hindrance. g. Ability to perform properly when mounted along the edge of the approach (as compared to the center of the approach) on which detection areas are defined. h. Software and hardware to provide for: i. Defining detection area and single detectors j. Defining detection area(loops) as small as 6x6 ft or smaller k. Defining large detection areas 1. Minimum of five loops per lane m. Minimum of four lanes per camera n. Detector features shall include Count Detection, Presence Detection, Speed Detection, Boolean Logic Functions, Label Displays, Data Gathering Stations, Incident Detection, Contrast Loss Detection, Speed Alarms, Latitude and Longitude setting for daytime to night-time algorithm changes o. Image shall be able to be calibrated for accurate distances. p. Fail-safe feature with fixed time,max time, or min time selection. q. User friendly and easy programming with Windows XP or above interface, r. Manuals that clearly say what is needed to operate and maintain the system, s. The camera assembly including mountings shall withstand 90 miles per hour winds. t. Performing during night hours with no ambient lighting. SPECIFICATIONS PAGE 9 OF 30 PAGES J:\2006_projects\106.0776\Correspondence\Specs\XIV SPECIFICATIONS.doc u. Shall have heating features to ascertain full operability in presence of snow and ice. _ v. Shall not fog. w. Shall provide all the software and hardware needed to program and run the video detection system from both the cabinet, and the existing Pentium computer at the _- Waterloo Traffic Control Center using existing two pairs of AWG#l9 twisted shielded dedicated communication lines stretching about four miles from the central station to the project area. — x. The system shall have a 2 year warranty. y. Housing shall be maintenance free. z. Shall not cause adverse electronic affect on the controllers operations. aa. Shall operate at a mounting height of 20 feet or less, and up to 35 feet or more. bb. Self diagnostics of power up and reporting failures. cc. The video detector shall have speed and vehicle count capability — dd. The system shall be capable of recognizing vehicular travel/movement directions. ee. Each video detector shall be IP addressable and network compatible. ff. Camera shall be capable of remotely controlled zoom operation. — 17. TRAFFIC MONITORING CAMERA a. Monitoring camera shall be fully compatible with Waterloo's existing remote _ control and monitoring system and in confoiniance with the requirements under Specifications. The minimum system capabilities and features shall be as mentioned paragraphs b to kk of this part. b. Pan - Zoom - Tilt c. Auto Focus, High-Resolution Integrated Camera/Optics with self cleaning lens. d. Minimum of 23X optical zoom, 1 OX electronic zoom. e. Color/Black and White, 80X Wide Dynamic Range, and Motion Detection f. Built-in back box memory to store camera and location-specific dome settings, including labels, presets, patterns, and zones. These settings shall be automatically -- downloaded if a new dome drive is installed. g. Window Blanking. Window blanking shall allow a user to program up to eight, four-sided, user-defined privacy areas. -- h. Horizontal and Zone Blanking i. Shall have standard RJ-45 Data port for software update for software uploads and on-site setup and programming. — j. On-Screen Compass and Tilt Display k. Password Protection. Password protection shall prevent unauthorized users from changing the system setup and other sensitive dome drive settings. — 1. Freeze Frame During Presets m. Minimum of 7 Alaiui Inputs; 2 Programmable Auxiliary Outputs n. Built-in Power Line Surge and Lightning Protection — o. Shall be easy to install without proprietary installation tools. p. Shall be suitable for outdoor applications meeting relevant NEMA standards. q. Dome drives shall include an infrared cut filter, at least 80X wide dynamic range, and motion detection; a color camera; or a monochrome camera. r. Speed capabilities range from a smooth, fast pan motion of 360° per second to a smooth "creep" speed of .1° per second. The system shall be capable of 360° SPECIFICATIONS PAGE 10 OF 30 PAGES J:\2006_projects\106.0776\Correspondence\Specs\XIV SPECIFICATIONS.doc rotation and shall allow the dome to rotate 180° and reposition itself for uninterrupted viewing of any subject that passes directly beneath the dome. s. Shall be UL Listed t. Color and Black-White capable u. Signal Format NTSC (DD53CBW) v. Scanning System Progressive (2:1 Interlace output) w. Image Sensor 1/4-inch CCD Effective pixels 724 (H) X 494 (V) x. Horizontal Resolution>470 TV Lines y. Lens F 1.6 (f= 3.6-82.8mm optical) z. Zoom 23X optical, l OX electronic aa. Zoom Speed 4.2 -- bb. Horizontal 54° at 3.6mm wide zoom; Angle of view 2.5° at 82.8mm Focus Automatic with manual override cc. Maximum Sensitivity @35 IRE NTSC/EIA 0.08 lux at 1/2 sec (color) 0.3 lux at -- 1/60 sec shutter (B/W) 0.013 lux at 1/2 sec (B/W) dd. Sync System Internal/AC line lock,phase adjustable via remote control, V-Sync ee. White Balance Automatic with manual override ff. Shutter Speed Automatic (electronic iris)/Manual 1/2--1/30,000 gg. Iris Control Automatic Iris Control with manual override hh. Gain Control Automatic/OFF ii. Video Output 1 Vp-p, 75 ohms jj. Video Signal to Noise>50 dB kk. Wide Dynamic Range 80X 18. WIRELESS COMMUNICATIONS a. Wireless technology shall be compatible with Waterloo's existing system and in conformance with the requirements under Specifications. Waterloo's typical existing Equipment are shown below: Existing Main Tower- 250 Ft City Hall Tower(Main Access Point) AP-4900M-R Access Point, Outdoor Ruggized. WISP495901 Antenna, Sectorized. With Coax Jumper, Radio to Antenna Existing Remote Access Point 8670M Client (Link to Main Access Point) — WISP495966 Directional Antenna AP-4900M-R Access Point, Outdoor Ruggized. -- WISP495901 Antenna, Sectorized. With Coax Jumper, Radio to Antenna Existing Other Equipment T24130 Altronix24vAC 100VA Power Supply SPECIFICATIONS PAGE 11 OF 30 PAGES J:\2006_projects\106.0776\Correspondence\Specs\xIV SPECIFICATIONS.doc NET 300T Pelco Net Transmitter (Network Receiver) Net 300R Pelco Net Receiver (Network Transmitter) 500-24TT Cisco Catalyst Express 24 Port Switch KBD-300A Dome Controller CM6800 Matrix Switcher DX8016 Digital Video Recorder b. Wireless Point-to-Multipoint System shall have the features and capabilities mentioned in paragraphs c to x below. c. Have a cooling system inside a weatherized water and dust proof enclosure, and shall be capable of being deployed in outdoor temperature range of-27.5° to 140° Fahrenheit, and Max 95%relative humidity (non-condensing). d. Shall interface with wired Ethernet 10/100Base-TX, Ethernet (RJ-45) Wireless Protocol WORP, and Antenna Connector Standard-N male e. Support for three 5 GHz bands - 5.25, 5.47 and 5.725 GHz, 20 total non- overlapping channels and performance that scales from 6 to 36 Mbps, selectable via simple user interfaces f. Advanced revenue-enhancing features are standard - including flexible bandwidth — provisioning for DSL, T1 or Ethernet-like tiered services as well as NAT and DHCP for IP-based storage and e-mail hosting g. Handoff at speeds up to 120 miles per hour -- h. Dynamically adapt to the changing network load for optimum perfouuiiance. i. Automatic dynamic data rate selection to compensate for temporary link degradation — j. Privacy protection through security settings and multiple security mechanism k. Wireless Outdoor Routing Protocol to prevents snooping common to Wi-Fi systems — 1. Advanced encryption to protect over-the-air transmission m. Intracellular blocking to forbid direct communication between Subscriber Units n. Authentication protocols to eliminate unauthorized use of system o. Password protection of all remote management methods p. Integrated and dual-polarized 23-dBi antennas q. Remote antennas location with audible tone and real-time signal strength measurements r. Support for both local and remote management s. Shall have Wireless Outdoor Router Protocol (WORP) -' t. Shall be near line of sight capable. u. Shall Support minimum of 6 sectors per cell with an aggregate data rate of 216 Mbps and throughput of 144 Mbps, and subscriber support per cell up to 1,500 subscribers with 6 sectors v. Data rate shall be guaranteed while roaming to allows bandwidth-intensive applications, such as high-definition video streaming, in mobile environments w. It shall accept input: voltage of 42 to 60 VDC, output of 48 VDC, and maximum power consumption of 20 Watts. _ x. Data Rate 6, 9, 12, 18, 24, 36 Mbps SPECIFICATIONS PAGE 12 OF 30 PAGES J:\2006_projects\106.0776\Correspondence\Specs\XIV SPECIFICATIONS.doc y. The unit shall come with the necessary components such as pole mounting bracket, power injector, power cord, Ethernet cable weather-proof plug, Documentation and Software CD-ROM z. Remote Reboot capability. 19. NETWORK VIDEO TRANSMISSION RECEIVER AND TRANSMITTER -- a. Network video transmission receiver and transmitter shall have the features and capabilities listed in paragraphs b to t below. b. Send and Receive Live Video and Control Data Over Ethernet Networks c. Dual MPEG-4 Video Streams d. Adjustable Bandwidth, Image Rate, and Quality e. View Video on PC, Analog Monitor, or Both -- f. Internet Configuration RTP, RTCP, UDP, TCP, IP, HTTP, SNMP, IGMP, ICMP, ARP g. Video Coding MPEG-4 (M-JPEG in Server Push mode) h. Vide Frame Rate Up to 30 images/second i. FCC Class B certified j. Video Input or Output 1, BNC, NTSC, 75 ohms, 1 Vp-p k. LAN Interface Ethernet 10/100BaseT auto-sensing, RJ-45 1. LAN Data Rate 9.6 Kbps to 1.5 Mbps m. Data Interface 1 RS-232/RS-422/RS-485,bidirectional (9-pin, D-sub) n. Alarm Input 2 terminal, 30 VDC maximum o. Alarm Output 1 terminal, 30 VDC, 1 A p. FCC Class B certified q. Installed with provisions to work in temperature range of -27.5° to 140° When installed outdoors _ r. Video Image Size NTSC 704 x 480 pixels, 704 x 240 pixels, 352 x 240 pixels s. Operating Voltage 12-24 VDC,power supply shall be included, t. Power Consumption Approximately 10 W 20. MONITORING CAMERA AND WIRELESS SYSTEM MISCELLANEOUS a. Mean time between failures and warranty : 100,000 hours, 1 year on parts and labor, and manufacturer's warranty, whichever provides for longest combination coverage. b. Design: The contractor shall be responsible for designing a fully functional system that meets the minimum requirements of the Specifications. -- c. Installation: The system is purchased installed in place and connected to Traffic Operations Center. City of Waterloo will provide a bucket truck and operator. It shall be the contractor's responsibility to assure the delivery of a working system including the use of proper equipment, appropriate installation, acceptable communication, and central location's remote digital video recording, monitoring, and control capabilities. d. System shall include antennas, cables, jumpers, pole mounts, protectors, and all items necessary to make a complete working system, which shall be in accordance with the wireless and camera manufacturer's recommendations to provide a complete working system suitable for traffic monitoring. SPECIFICATIONS PAGE 13 OF 30 PAGES J:\2006_projects\106.0776\Correspondence\Specs\XIV SPECIFICATIONS.doc 21. INDUCTIVE DETECTOR LOOPS a. City of Waterloo Traffic Operations Depaitiuent will perform all splicing of loop ... wires and the detector lead-in cable inside the handholes. The detector cable shall start and terminate at the closest handhole adjacent to the detector loops. b. All loops are individually placed in pavement and terminated in handholes. c. Loop Wire. The loop wire shall be 600 volt stranded copper, #14 AWG, type THWN, with UL approval. The loop wire shall be protector by a flexible vinyl plastic tubing of three-sixteenth (3/16) inch inner diameter, a minimum of one- •— thirty second(1/32) inch wall thickness, one-fourth(1/4) inch outer diameter. The tubing shall also be highly abrasion resistant and have a smooth bore. d. A six foot Slack for each loop wire shall be provided in each handhole. e. The contractor shall obtain engineer's field verification of all loop locations prior to beginning of construction. f. Inductive loops consisting of three turns (four turns for back loops) of wire shall be saw cut in the pavement, with the width of cut being 3/8" and with a depth of 2-1/2" to 2-3/4" deep. Sharp (120 degrees or less) corners shall be provided with an additional diagonal saw cut as shown in the plans. All saw cuts shall be overlapped sufficiently so that a full 2-1/2" to 2-3/4" depth of cut results around the entire perimeter of the loop. For each additional turn of wire, 1/4" of depth shall be added to the saw cut. Generally, for all front loops have three (3) turns Iwo and all back loops have four (4) turns of#14 AWG wire unless otherwise shown on plans or determined by engineer during construction of the loop. g. For curbed streets, the saw cut shall be extended to the gutter line and a hole shall be drilled through the gutter line toward the handhole. No saw cut will be allowed into the curb face. For non-curbed streets, the saw cut shall extend to a hole drilled near the edge of the pavement as shown on the plans. A length of 3/4" `— diameter PVC conduit shall be inserted and sealed into the drilled hole from the outside edge of the pavement. h. Prior to placement of wire, the saw cut shall be clean and free of water and all foreign materials that may cause premature failure. Loop wire, encased in plastic vinyl tubing, shall be placed in the finished cut. i. Sort pieces of backer rope of 3" to 4" shall be used where necessary to assure that the loop wire will remain at the bottom of the saw cut and not float up into the sealant. Lead-in wires outside of the loop shall be twisted approximately one turn per foot. All wire installation must be made without damage to the wire or its insulation. All damaged wire shall be replaced. j. Loop testing completed in accordance to IDOT SS-5054M C.6.2. During saw cut and prefabrication loop testing, the City of Waterloo, the contractor, and/or consultant shall be present during all testing procedures. Any loop that tests below the 100 mega ohms value shall be considered to be a faulty loop and shall inw be replaced. k. After obtaining satisfactory test results, the loop shall be sealed with Pro-Seal 6006 EX. If an approved equivalent is used, it must be approved by the City of 90. Waterloo's Traffic Operations Department. The sealer shall be used strictly in accordance with the manufacturer's instructions. If sealant is placed below recommended manufacturer's temperature requirements, i.e., placement during SPECIFICATIONS PAGE 14 OF 30 PAGES J:\2006_projects\106.0776\Correspondence\Specs\XIV SPECIFICATIONS.doc late fall and winter, the loop shall not be accepted until the outside air temperature is at or above the manufacturer's temperature. The sealer shall be poured into the slot to half depth. When both the loop and lead-in slots are half filled, check for air bubbles or material pileup and then proceed to fill the slots to roadway level. Excess sealant shall be removed my means of a"Squeegee". 1. In all cases, there shall be neither a trough nor a mound formed. The sealer, when poured into a saw cut, should completely surround the wire, displace all air therein and completely fill the area of the slot, except for that portion filled with the wire hold down material. Allow sufficient time for the sealer to harden in accordance with manufacturer's instructions before allowing traffic to move over the area. m. The saw slot filler shall be a two component system, high viscosity liquid or approved equal formulated for use in sealing inductive wire loops and leads embedded in asphalt concrete and Portland cement concrete. The saw slot filler shall be useable on grades of 15 percent of less without excessive flow of _ material, unless otherwise approved by the engineer. n. The engineer shall approve the sealer. Approval of other sealants shall be based on specifications and/or test data about their physical properties, performance Alm properties and chemical resistance. The cured sealer shall be unaffected by oils, gasoline, grease, acids and most alkalis. The mixing of components and the filling of the cut shall be in accordance with the directions of the manufacturer. _. o. After completion of the sealing, the loop shall be final tested, as described in paragraph above. Completed sealed loop must pass continuity and resistance test prior to being accepted. 22. BLANK OUT SIGNS a. The blankout signs shall be LED and shall be internally illuminated and shall be completely black (blankout) unless during activation. All mounting hardware shall be included to either mount the blankout signs on the traffic signal mast arm or the traffic signal vertical member. The entire sign shall be weatherproof and withstand temperatures from minus -35° F to +165° F. b. "BE PREPARED TO STOP" signs shall 48" x 24" minimum with 6" Series D lettering formed by dual rows of LED pixels. c. LED's shall have 100,000 hour rated life. 23. MATERIAL AND INSTALLATION REQUIREMENTS The contract work shall comply with the applicable requirements of IDOT's Standard Specifications for Highway and Bridge Construction and current supplements in particular the following parts: Section 2402: Excavation for Structures Section 2403: Structural Concrete Section 2404: Reinforcements Section 2405: Foundations and Substructures Section 2408: Steel Structures Section 2423: Supplemental Standards for Highway Signs, Luminaires, and Traffic Signals Section 2525: Traffic Signalization Section 4187: Material for Support Structures SPECIFICATIONS PAGE 15 OF 30 PAGES J:\2006_projects\106.0776\Correspondence\Specs\XIV SPECIFICATIONS.doc Division 26: Roadside Development (2601.01 to 2612) MATERIAL REQUIREMENTS Materials shall be of new stock unless the plans provide for the relocation or the use of -.. materials furnished by others. New materials shall be the products of approved suppliers and manufacturers, approved by the engineer. Miscellaneous electrical equipment and materials shall be UL approved. _. CONCRETE: Concrete for foundations and handholes shall be class C-4 structural concrete meeting the requirements of section 2403 of "The Standard Specifications for — Highway and Bridge Construction", IDOT, and current supplements. CONDUITS: The number, type, and size of conduit shall be as specified on the plans. Poly Vinyl Chloride. Conduit specified on the plans, as polyvinyl chloride (PVC) shall be rigid polyvinyl chloride meeting the requirements of NEMA TC-2, type 2, and applicable UL standards. — TRAFFIC SIGNAL LAMP: All traffic signal heads shall utilize LED for light source. REINFORCEMENT BARS: All reinforcement bars for concrete foundations shall be of the type and size specified on the plans and meet the requirements of section 2404 of "The Standard Specifications for Highway and Bridge Construction", IDOT, and current supplements. CABLES AND WIRES:The number of conductors and size of all traffic signal cable shall be as specified on the plans. All wire shall be plainly marked on the outside of the sheath with the manufacturer's name and identification of the type of the cable. Service Conductors. Power cable shall be a 600-volt, stranded, insulated, single conductor, #8 AWG (black and white) unless otherwise stated in the plans. Ground wire shall be#6 AWG green stranded copper wire.Signal Pole Base to Signal Pole Base. This shall be composed of either 5 conductor#14 AWG or 12 conductor #14 AWG cable or otherwise specified on project plans. The insulation shall be THHN/THWN conductor insulated 90 C; PVC with nylon sheath meeting the VWI flame test as specified in UL standard 83. The color code shall be NEMA K-1 method 1 with 600 volts rating. The signal cable conductors shall be _ composed of stranded wire. Signal Pole Base to Signal Heads. The wire running inside all signal poles (either mast arm or pedestal mounted) and mast aims to signal heads shall be #14 AWG cable (the _ number of conductors shall be specified on plans) and composed of stranded wire. Luminaire Conductors. Conductors shall consist of type THWN/THHN, 600 volt, and single conductor copper stranded wires, which run continuously between poles. Conductors shall meet the requirements of section 4185.12 of the IDOT standards Specifications and shall be of the size and number shown on the plans. SPECIFICATIONS PAGE 16 OF 30 PAGES J:\2006_projects\106.0776\Correspondence\Specs\XIV SPECIFICATIONS.doc Whenever excavation is made across parkways, driveways or sodded areas, the sod, topsoil, crushed stone or gravel shall be replaced or restored as nearly as possible to its original grade and the grade involved shall be left in a neat and presentable condition. Concrete sidewalks, pavements, base courses and bituminous surfaces shall be replaced with new materials. Underground conduits shall be laid at a distance of at least six (6) inches from any water line or other utility line. When the plans require the conduit be placed without disturbing the existing pavement the term "pushed" is used. Pushed conduit shall be placed by jacking, pushing, boring or any other means necessary to place the conduit without cutting or removing pavement. The size of a bored hole shall not exceed the outside diameter of the conduit, which is to be placed. Tunneling under the pavement or water jetting will not be permitted. Pits for boring shall not be closer than two (2) feet to the back of curb unless otherwise directed by the engineer. Amok When it is impractical to push the conduit under pavement due to unanticipated obstructions, the contractor may, with the engineer's permission, cut the existing pavement. Where conduit is to be placed by trenching methods under existing asphaltic pavement, an eight (8) inch wide by eighteen (18) inch deep trench shall be opened along neat lines. The trench shall be backfilled with crushed stone, acceptable to the engineer, filled with class M high-early strength concrete to within four (4) inches of the surface level. The concrete shall be allowed to set for a minimum of forty-eight (48) hours without being exposed to traffic. The final four(4) inches of backfill shall be a hot bituminous concrete -- plant mix acceptable to the engineer. A polyethylene pull rope shall be installed in all conduits, which is identified on the plans for future use. At least two (2) feet of pull rope shall be doubled back into the conduit at each termination. Conduit shall be laid to drain and one (1) inch drains with crushed stone sumps shall be installed as shown on the plans and at all low points. The backfill shall be mechanically compacted in six (6) inch layers to a density equal to that of the surrounding material. Conduit shall be connected to existing and new light bases and junction boxes. All required fittings shall be furnished and installed by the "� contractor to provide a continuous, enclosed conduit system between poles. Conduit under pavement and driveways shall be rigid steel conduit or PVC schedule 80, type 2, in accordance with IDOT Specification section 4185.10. All trenches shall be backfilled with material containing no broken pieces of concrete or asphalt, stone, brick, wood or other unsuitable material including nested clods. All conductors and wiring shall be furnished as new material and installed by the contractor and shall conform to IDOT Specification 2525. Conduit not under pavement or driveways shall be schedule 40 PVC. All unused conduits, whether for future use or for later use in the project shall be capped. All conduits shall be sloped to drain toward the nearest handhole, and if this should prove to be impractical, then a conduit drain shall be provided with crushed stone drainage sumps at all low points, as detailed in the drawings for traffic signal bases. A permeable membrane to keep sand from washing back into the conduit shall be installed at the conduit drain. SPECIFICATIONS PAGE 21 O' 30 PAGES J:\2006_projects\106.0776\Correspondence\Specs\XIV SPECIFICATIONS.doc tem ELECTRICAL: The required number of conductors to each signal head shall be one (1) conductor for each optical unit or set of optical units operating identically through the same cycle and one (1) conductor for common return. Each overhead red,yellow, green signal head shall be wired with a separate cable from a splice in the pole base according to the conductor ►,- combination specified on the plans. An electrical splice in each wire servicing traffic signal heads on a pole shall be made in the handhole compartment of that pole. All wiring, except loop and magnetic detector wire, shall be one continuous length of cable from the splice in the handhole compartment of the signal pole to the terminal compartment in the controller cabinet. Splices for detectors will be permitted between the detector wire and the detector lead-in cable only at the first handhole provided adjacent to the detector and will be done by City personnel. All splices in the handhole compartment of a signal pole shall be made using twist wire connectors. Cable connections in signal heads and controller cabinets shall be made at the terminal blocks with a mechanical attachment device attached to each wire end by terminal connectors specified elsewhere in this Specification. Slack for each cable shall be provided by a four (4) foot length in each handhole and a two (2) foot length in each signal and controller base (measured from the handhole compartment to the end of the cable). In those handholes where detector splices are made, a four (4) foot length of cable slack shall be provided in both the loop wire and the shielded lead-in cable. Cables shall be pulled through conduit by means of a cable grip designed to provide a firm hold upon the exterior covering of the cable or cables, with a minimum of dragging on the ground or pavement. This shall be accomplished by means of reels mounted on jacks or rollers and other suitable devices. A suitable wire lubricant shall be used to reduce friction and strain on wires or cables. Service cable runs shall be continuous from the power line located on the service pole to the meter located on the controller cabinet or from the meter located on the service pole to the terminal compaituient in the controller whichever is applicable. The service riser shall be topped by standard weather head or otherwise replaced with"U" Guard. WPM Clearances to the overhead utilities shall be specified by the serving utility. The power company will furnish the electrical meter. The contractor shall supply the service cabinet. All work shall be in accordance with IDOT Specification 2525 and the M.U.T.C.D. For traffic signal wiring, the required number of conductors to each signal head shall be one (1) conductor for each optical unit and one (1) conductor for common return per signal head, plus additional spare conductors as shown in the plans. A uniform systematic color code shall be used. All wiring shall comply with the National Electrical Code and City Ordinance, and shall be subject to the inspection of the City Traffic Operations Depaitnient. POLE ERECTION: km. All poles are to be erected vertically with the mast arm at a right angle to the centerline of the street, unless otherwise specified, and securely bolted to the cast-in-place concrete foundations at the locations indicated on the plans. SPECIFICATIONS PAGE 22 OF 30 PAGES J:\2006_projects\106.0776\Correspondence\Specs\XIV SPECIFICATIONS.doc Leveling shall be accomplished by the use of nuts on each anchor bolt. One nut shall be placed on each anchor bolt and the pole placed in position on these nuts. The top nuts shall then be placed loosely and the pole adjusted to the vertical position by adjusting both the upper and lower nuts and final tightening of top nut to expose a maximum of three full threads. All threaded pedestal poles shall be drilled and tapped and a 1/4" diameter X 3/4" long galvanized or stainless steel bolt shall be installed through the base and the pole to prevent turning of the pole. BONDING AND GROUNDING: Metal conduit, service equipment, anchor bolts, metal poles, pedestals, controller cabinets, interconnect cable shields, and all other electrical equipment shall be made mechanically and electrically secure to from a continuous system, and shall be effectively grounded. The grounding conductor shall be a#6 AWG stranded green copper wire. Grounding bar shall be accomplished by bonding the grounding circuits to copper clad metal, driven electrodes. All electrodes shall be as a minimum, 5/8" in diameter and eight (8) foot long copper clad. The electrodes shall be driven vertically until the top of the rod is a minimum of four(4) inches below grade. Bonding to the ground rod shall be made by means of suitable screw type positive ground rod clamps. Grounding to waterlines will not be permitted. Bonding of standards and pedestals shall be by means of a bonding strap attached to an anchor bolt or to 1-3/16", or longer,brass or bronze bolt installed in the pole base. The service meter and socket shall be bonded to a ground electrode by use of a ground clamp and a #6 AWG copper wire and shall be by means of cadmium plated grounding bushing and bonding jumpers. Where there is a change at a pull box or manhole for non- metallic conduit to metallic conduit, the grounding wire in the non-metallic conduit shall be bonded to the metallic conduit. Existing ungrounded metal poles shall be grounded by means of a driven ground rod. Interconnect cable shield shall be bonded at all cable splice points. The interconnect cable shield shall also be bonded to the ground buss at the cabinet of the system master. SPLICING: Communications Cable Splicing. Cable splices shall be performed on either a terminal strip in a controller cabinet or in a pull box only at the direction of the engineer. In the latter case, a splice enclosure shall be used to provide a watertight and weatherproof housing for the splice. All cable pairs are to be spliced color to color. Splicing of cable pairs shall be twisted together, soldered and capped with a crimp- type insulated electrical sleeve (ScotchKote with 3M ScotchKote or approved equivalent). All splices shall be encapsulated and shall be waterproof. The watertight and weatherproof splice required inside all pull boxes and holes shall consist of the cable pairs spliced together as in F.7.c. The cable shield shall be connected across each splice by means of a bonded connection. Mechanical bonding of all shields in cable splices shall be electrically continuous throughout the entire system. Where cable termination cannot be completed, slack cable shall be coiled and placed in a safe place. Ends of each cable shall be taped to prevent water from entering the cable. SPECIFICATIONS PAGE 23 OF 30 PAGES J:\2006_projects\106.0776\Correspondence\Specs\XIV SPECIFICATIONS.doc The protective cover shall remain until pair splicing is completed and the splice is properly enclosed. The City shall be provided with locations of cable splices made in any handholes. All tests shall be performed in the presence of City representatives. The contractor shall perform the test and document the test results. When the tests are completed, whether successful or not,the test results and the test data shall be furnished to the City. Tests, as described below, shall be conducted for all cable conductors and the cable shield, including spares, and shall include all field termination. Loop Splicing. The electrical splice between the loop lead-in cable to the controller and the loop wire shall be soldered using dipped or resin core solder and provided with a watertight protective covering for the spliced wire, the shielding on the loop lead-ins and the end of the tubing containing the loop wires. No torch soldering will be allowed. Remove the insulation from each conductor of a pair of lead-in cable conductors for one (1) inch and scrape both copper conductors with knife until bright. Remove the plastic tubing from the loop wires for one and one-half (1-1/2) inches. Remove the insulation from the loop wires for one (1) inch and scrape both copper conductors with knife until bright. Solder the loop wires together where needed for series connection and to the lead- in wires and cover with a wire nut twisted on tightly. Cover the exposed shielding, drain wire and wire nut splices with. 3M ScotchKote Electrical Coating (part #054007-14853 tom or approved equivalent). Any unused loop lead-in wire shall have the end of it also covered with the Scotchkote product. TRAFFIC SIGNAL DISPLAYS: During the course of construction and until the new signals are placed in operation, signal faces shall be covered or turned away from approaching traffic. When ready for operation, they shall be securely fastened in position facing toward approaching traffic. All traffic signal displays shall be installed as indicated on the plans and aligned and leveled per MUTCD on all axis. All optically limited signal heads shall be properly masked to limit their field of view as directed by the engineer. Three section overhead displays located on mast arms shall have the red indication above the mast arm and five section displays shall have two sections above the mast arm, unless otherwise directed by IMF the engineer. CONTROLLER CABINETS: The controller cabinet shall be a fully operational and functional NEMA TS2 Type 1 cabinet and shall meet or exceed all the requirements of the Specifications. The controller cabinet shall include everything for TS2 operations such as bus interface units (BIU) and power supplies, MMU, necessary 2-channel detector cards, and all other necessary components. All conduit openings in the controller cabinet shall be sealed with an approved sealing compound. The sealing compound shall be approved by the Traffic Operations Department before sealing operations. This compound shall be a readily workable soft plastic except those provided for drains. It shall be workable at temperatures as low as 30°F, and shall not melt or run at temperatures as high as 300°F. Controller cabinets shall be dust proof, weatherproof and made from high-grade aluminum to furnish housing for the control equipment and terminal facilities. Anchor �- SPECIFICATIONS PAGE 24 OF 30 PAGES J:\2006_projects\106.0776\Correspondence\Specs\XIV SPECIFICATIONS.doc a bolts are to be included. A gasket panel police door shall be provided with police lock, two keys, flash switch and signal shutdown switch. A 15 AMP GFCI duplex receptacle and lamp base with on-off toggle switch shall be provided. Outlet and lamp to be fused ahead of the cabinet circuit breaker. Maintenance Switches. Inside the cabinet shall include properly rated and of good quality Stop Time Control, Timer Power, Flash, and Detector Test Switches. The stop time control switch will be a 3-position switch labeled MANUAL-OFF- NORMAL. The center off position will allow the controller to cycle normally during flash. The flash switch shall let the controller continue to operate within the cabinet for field evaluation of the controller. The lowest field connection shall be at least three (3) inches from the bottom of the cabinet. The anchor bolts shall be secured with nuts which will not have more than three full threads exposed or interfere with field connections. The field terminals shall attach to the controller cabinet with 3M Scotchloks, T &B sta-kons, or City equivalent. The field terminals shall connect to the controller cabinet with standard screws and no lug terminals will be accepted. —• Terminals shall be provided which will allow the easy addition in the field of manufacturer's standard features available but not purchased initially. No hardware or terminal facilities shall be attached to the cabinet door excluding an intersection call/display panels as required. Two cabinet electrical prints shall be provided at a minimum for each cabinet. Where the cabinet seats on the concrete base, the bottom edge of the cabinet shall be waterproofed as described here. Approved silicone sealing caulk shall be applied to the mating surface of concrete at a minimum bead diameter of 1/2" to 3/4" before installing the cabinet so that when the cabinet is being installed securing anchor bolts provide for even and uniform spreading of the sealing material. The underside of the cabinet flange shall be free from any foreign objects, washers, spacers, etc., before caulking procedure. All cabinet and police door locks shall use the same key as other electrical control cabinets owned by the City. The police panel flash switch shall be wired such that when it is switched to "flash" the controller will return to its initialization point and remain there until turned off flash. All load switches shall conform to the triple-circuit solid-state type load switch as specified in the NEMA standard no. TS1-1989. Dual-signal type load switches shall not be allowed and LEDs shall be provided to reflect the DC driver state for red, yellow and green. The closing or opening of signal circuits shall be positive without objectionable dark intervals, flickering of lights or conflicting signal indications. All internal components shall be accessible without encapsulation. Traffic signal loads will be metered while the streetlights are non-metered. There must be a streetlight disconnect in the controller cabinet. Any load switch circuit supplying power to a single indication with the exception of a red light shall have a ballast resistor attached inside the cabinet. A ten (10) watt or greater, 3000 ohm resistor shall be adequate. Each circuit shall be a ten ampere rated driver, LED lamp load at 120 VAC. SPECIFICATIONS PAGE 25 OF 30 PAGES J:\2006_projects\106,07761Correspondence\Specs\XIV SPECIFICATIONS.doc Cabinet AC power/lightening and overload protection devices. Protection devices shall consist of a solid state non-gas tube surge protector connected to the cabinet ground. An — EDCO 5 HP 300-10, of a City approved equivalent surrestor shall be used. The MSD harness wiring shall all be terminated on a separate dedicated termination panel All incoming service voltage connections (including breakers) shall have clear plastic protective shielding covers. The supplier shall install one 30 AMP breaker, 2-pole for traffic signals, one 30 AMP, 2- pole breaker for lighting, one 60 AMP, 2-pole breaker for main conductors inside each cabinet. The controller cabinet shall have installed a disconnect panel box, which will shut power -- off to all circuits inside the cabinet. The disconnect panel box shall be wired as shown on the project plans. The supplier of controller cabinet shall install a disconnect breaker panel and be connect as per the traffic signal schematic on the project plans. Acceptable — disconnect breaker panels are G.E. model TL412C metal 4 circuit (9"x7%2"x3"); Square D model 1-Q06-12L100S metal 6 circuit(13"x9"x4"), or City approved equivalent. INSTALLATION OF LOOPS FOR DETECTION (CONSTRUCTION OF INDUCTIVE LOOPS DETECTORS IN PAVEMENT) The following specifications for field loop construction apply only to new loops being '— placed in existing paved surfaces. For new loops located in new pavement, prefabricated loop detectors shall be furnished by the contractor or his representative and shall include the following: Inductive loops shall be constructed in the existing pavement at locations and to the dimensions shown on the plans. The engineer prior to beginning of construction shall verify all locations in the field. Construction features and materials shall be strictly in accordance with the detail drawings and these specifications. Inductive loops consisting of three turns of wire shall be saw cut in the pavement, with the width of cut being 3/8" and with a depth of 2-1/2" to 2-3/4" deep. Sharp (120 degrees or less) corners shall be provided with an additional diagonal saw cut as shown in the — plans. All saw cuts shall be overlapped sufficiently so that a full 2-1/2" to 2-3/4" depth of cut results around the entire perimeter of the loop. For each additional turn of wire, 1/4" of depth shall be added to the saw cut. ._ For curbed streets, the saw cut shall be extended to the gutter line and a hole shall be drilled through the gutter line toward the handhole. No saw cut will be allowed into the curb face. For non-curbed streets, the saw cut shall extend to a hole drilled near the edge of the pavement as shown on the plans. A length of 3/4" diameter PVC conduit shall be inserted and sealed into the drilled hole from the outside edge of the pavement. Prior to placement of wire, the saw cut shall be clean and free of water and all foreign _ materials that may cause premature failure. Loop wire, encased in plastic vinyl tubing, shall be placed in the finished cut, four full turns unless otherwise recommended by the detector equipment manufacturer, and shall be installed through the connecting saw cut to — the handhole. Backer rope will be used where necessary to assure that the loop wire will remain at the bottom of the saw cut and not float up into the sealant. Lead-in wires outside of the loop SPECIFICATIONS PAGE 26 OF 30 PAGES J:\2006_projects\106.0776\Correspondence\Specs\XIV SPECIFICATIONS.doc shall be twisted approximately one turn per foot. All wire installation must be made without damage to the wire or its insulation. All damaged wire shall be replaced. Loop testing completed in accordance to IDOT SS-5054M C.6.2. During saw cut and prefabrication loop testing, the City of Waterloo, the contractor, and/or consultant shall be present during all testing procedures. Any loop that tests below the 100 mega ohms value shall be considered to be a faulty loop and shall be replaced. After obtaining satisfactory test results, the loop shall be sealed with Sealex. If an approved equivalent is used, it must be approved by the City of Waterloo's Traffic Operations Department. The sealer shall be used strictly in accordance with the manufacturer's instructions. If sealant is placed below recommended manufacturer's temperature requirements, i.e., placement during late fall and winter, the loop shall not be accepted until the outside air temperature is at or above the manufacturer's temperature requirements for a period of one week after April 1 or the start of the construction season, whichever comes first. The sealer shall be poured into the slot to half depth. When both the loop and lead-in slots are half filled, check for air bubbles or material pileup and then proceed to fill the slots to roadway level. Excess sealant shall be removed my means of a "Squeegee". In all cases, there shall be neither a trough nor a mound formed. The sealer, when poured into a saw cut, should completely surround the wire, displace all air therein and completely fill the area of the slot, except for that portion filled with the wire hold down material. Allow sufficient time for the sealer to harden in accordance with manufacturer's instructions before allowing traffic to move over the area. The saw slot filler shall be a two component system, high viscosity liquid or approved equal formulated for use in sealing inductive wire loops and leads embedded in asphalt concrete and Portland cement concrete. The saw slot filler shall be useable on grades of 15 percent of less without excessive flow of material, unless otherwise approved by the engineer. The engineer shall approve the sealer. Approval of other sealants shall be based on specifications and/or test data about their physical properties, performance properties and chemical resistance. The cured sealer shall be unaffected by oils, gasoline, grease, acids and most alkalis. The mixing of components and the filling of the cut shall be in accordance with the directions of the manufacturer. After completion of the sealing, the loop shall be final tested, as described in paragraph G.7 above. Completed sealed loop must pass continuity and resistance test prior to being accepted. All combined system and intersection loops shall have their own separate shielded home run. The shielded home run shall proceed from the handhole to the controller cabinet and then to be connected to its own separate detector amplifier. Generally, for all front loops, four(4) turns of#14AWG wire and for back loops, four (4) turns of#14 AWG wire. The actual number of turns should be shown on plans or determined by engineer during construction of the loop. LOOP DETECTORS/AMPLIFIERS: All loop detector amplifiers shall be two (2) channel card rack mounted. The card rack will include an appropriate power supply. Acceptable amplifiers shall be IDC, Sarasota, EDI, Reno or City approved equivalent. The two (2) channel card rack detectors shall SPECIFICATIONS PAGE 27 Of 30 PAGES J:\2006 projects\106.0776\Correspondence\Specs\XIV SPECIFICATIONS.doc have a separate output to be used for system detection from each channel. The detector card rack shall also accommodate video detection cards when necessary. Detectors shall have the capability of operating in "pulse" or "presence" mode, "delay" timing on each channel, adjustable in one (1) second increments or less, and "extension" timing on each channel, adjustable in 0.5-second increments or less. Internal lightning protection. Loop isolation transformer to allow operation with a single point short between loop and ground. The detector card rack shall include a slot for a 4 circuit 754 Opticom phase selector. The preemption outputs from the controller shall be wired to the Yellow input of the 4 pedestrian load switch positions to power the preemption confirmation lights. ►— Lightning and Over voltage Protection. The contractor or his representative shall furnish and install lightning protection devices within each control cabinet to protect all communications cable and equipment from over voltage and over current. Protection devices shall consist of a solid-state non-gas tube surge protector connected to each of the interconnect conductors. The design of the protection device shall be compatible with the communication equipment to ensure that no damage will be done to any component prior to spark over. Provisions shall be made such that in the event of a field cabinet knockdown wherein accidental over voltage conditions could be produced in the communications system, the location experiencing the problem will be isolated. An EDCO-SRA-64C data line surrestor or City approved equivalent shall be used. Poly Vinyl Chloride. Conduit specified on the plans, as polyvinyl chloride (PVC) shall be rigid polyvinyl chloride meeting the requirements of NEMA TC-2, type 2, and applicable UL standards. All wire shall be plainly marked on the outside of the sheath with the manufacturer's name and identification of the type of the cable. Signal Pole Base to Signal Heads. The wire running inside all signal poles (either mast arm or pedestal mounted) and mast arms to signal heads shall be #16 AWG cable or larger and composed of stranded wire. The number of conductors shall be specified on plans. SERVICE INSTALLATION: (Traffic Signal and Lighting): The contractor shall supply and install a two-inch(2")RSC or PVC (which ever is applicable) to the source of power either to the transformer or up the power pole with a weather head connector as required by the power company supplied by the contractor. The size of the service conductors shall be 3c-#3 AWG stranded conductor. The contractor will be responsible for coordination this work with the power company. The address of the source of power shall be shown on the project plans. L, EVP DETECTOR AND LIGHT INSTALLATION: The detectors, indicator lights, wiring and connections shall be installed in accordance with the manufacturer's instructions. In the event at installation, a noticeable obstruction is present in line with the detector, the contractor shall advise the Engineer before installation. SPECIFICATIONS PAGE 28 OF 30 PAGES J:\2006_projects\106.0776\Correspondence\Specs\XIV SPECIFICATIONS.doc The detector and indicator light shall be attached to the traffic signal mast aim to the satisfaction of the Engineer. All hardware shall be tightened securely. The detector and indicator light shall be installed and mounted in such a way so as to insure the watertight integrity of the complete assembly. The detector shall be installed with the drain hole at the bottom. There shall be no detector cable splices from the EVP detector on the traffic signal mast arm to the traffic signal cabinet. The detector cable shall be marked in the traffic signal cabinet as to which street and direction it is associated. All EVP detectors and EVP indicator lights shall be operational when each traffic control signal system is initially turned on. The contractor shall furnish and install 3C#20 AWG EVP detector cables and 3C#14 cables for the confirmation lights where indicated in the plans. Emergency vehicle pre- emption cables (3C#20) shall be installed continuous without splices or terminals from the EVP detector to the traffic signal cabinet. THE LOCATION OF ALL SIGNAL STANDARDS: The locations of all signal standards shown on the plans are subject to adjustment depending on the actual locations of existing underground utilities and overhead utilities. Actual locations of standards will be selected at the time of construction upon location of existing utilities. FOUNDATIONS: The bottom of all foundations shall rest securely on firm undisturbed ground. Forms shall be used for the above ground portion of all foundations. Whenever the excavation for a foundation is irregular in shape, forms shall be used to provide the proper dimensions of the foundations below grade. The material for the forms shall be of sufficient thickness to prevent warping or other deflections from the specified pattern. The forms shall be leveled and a means shall be provided for holding them rigidly in place while the concrete is being deposited. The contractor shall be responsible for the proper elevation, offset and level of each foundation. Anchor bolts and reinforcement shall be held rigidly in place before the concrete is poured. Anchor bolts shall be held in place by means of a template constructed to space the anchor bolts uniformly in accordance with the pattern shown on the plans, and not to alma protrude excessively after installation of equipment. The center of the template and the center of the concrete base shall coincide unless otherwise directed by the engineer. High-frequency vibrator shall consolidate concrete after it is placed in the form. The top of the base shall be rounded with an edger having a radius of one-half inch. The exposed surface of the base shall have a rubbed surface finish. Should the contractor find that it is necessary to alter or reconfigure any portion of the installation or there would be a conflict with the design versus the site grade ditches, utilities, etc., the City shall be notified in writing of the portions that are in conflict. Immediate response will be given by the City or its representative to avoid delays. SPECIFICATIONS PAGE 29 OF 30 PAGES J:\2006_projects\106.0776\Correspondence\Specs\XIV SPECIFICATIONS.doc 4.. After the foundation or base has been poured, no modification of any sort shall be made. If any part of the foundation or base is installed in an incorrect manner, as determined by the engineer, the entire foundation or base shall be removed and the contractor shall install a new foundation or base at no extra cost to the City. Prior to installing the structures, the anchor bolts shall be covered in such a manner as to protect them against damage and to protect the public from possible injury. The foundation must be given seven days to cure before the structures are erected. Concrete shall be as specified in paragraph 2403.03 of the IDOT Specifications for class C, mix no. C-4, air-entrained P.C. concrete, and shall be placed in accordance with section 2403 of said Specifications. Whenever excavation is made across parkways, driveways or sodded areas, the sod, topsoil, crushed stone or gravel shall be replaced or restored as nearly as possible to its original grade and the grade involved shall be left in a neat and presentable condition. Concrete sidewalks, pavements, base courses and bituminous surfaces shall be replaced with new materials. The backfill shall be mechanically compacted in six (6) inch layers to a density equal to that of the surrounding material. TRAFFIC SIGNAL DISPLAYS: Where signal heads are being replaced, it shall be done in a manner to minimize disruption of traffic. PAINTING: If the painted surface of any equipment is damaged in shipping or installation, such equipment shall be retouched or repainted in a manner satisfactory to the engineer. All signal heads, which are salvaged and reused in the new installation, shall be sanded, spot-primed and painted with two finish coats by the contractor. Signal heads shall be federal yellow. Colored prints shall be submitted to the engineer for approval. No paint shall be applied under any condition of weather, temperature and humidity that, in the opinion of the engineer, or against the manufacturers' recommended application procedures,is unsatisfactory for painting. SALVAGED MATERIALS: All existing signal materials and equipment not listed in the Special Provisions and which are not being incorporated into the final project shall be salvaged by the contractor and stockpiled on the project site. Such items will remain the property of the City. SPECIFICATIONS PAGE 30 OF 30 PAGES J:\2006_projects\106.0776\Correspondence\Specs\XIV SPECIFICATIONS.doc XV. SPECIAL PROVISIONS AIRPORT BLVD AND WESTBOUND BROADWAY ST DIVISION 1: CS-TSF-8155(691)-85-07 AIRPORT BLVD AND EASTBOUND BROADWAY ST DIVISION 2: CS-TSF-8155(693)-85-07 DUBUQUE RD AND IDAHO ST DIVISION 3: CS-TSF-8155(692)-85-07 The following sections of the Specifications are modified for this project as indicated: Loop Detector Wire. Splices for loop wires will be perfoinied by City personnel. Programmable Visibility Signal Heads Louvers are not acceptable. Visibility zone programming shall be accomplished through mechanisms internal to the signal head, such as lens masking or light source light emission manipulation. GENERAL CONDITIONS OF CONTRACT PAGE 1 OF 1 PAGES J:\2006_projects\106.0776\Correspondence\Specs\XV SPECIAL PROVISIONS revised May 24.doc XVI. GENERAL CONDITIONS OF CONTRACT CITY OF WATERLOO,IOWA 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 MOM 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 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. 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. GENERAL CONDITIONS OF CONTRACT PAGE 1 OF 16 PAGES J:\2006_projects\106.0776\Correspondence\Specs\XVI GENERAL CONDITIONS OF CONTRACT.doc 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 infolntation 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 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. 23 GENERAL CONDITIONS OF CONTRACT (GCC) The conditions and provisions stated under this section titled General conditions of Contract. 24 SPECIAL CONDITIONS OF CONTRACT (SCC) The conditions and provisions stated under the section titled Special conditions of Contract which will state — any changes or modifications to this GCC for this particular project. 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. GENERAL CONDITIONS OF CONTRACT PAGE 2 OF 16 PAGES J:\2006_projects\106.0776\Correspondence\Specs\XVI GENERAL CONDITIONS OF CONTRACT.doc 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 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. GENERAL CONDITIONS OF CONTRACT PAGE 3 OF 16 PAGES J:\2006_projects\106.0776\Correspondence\Specs\XVI GENERAL CONDITIONS OF CONTRACT.doc 9. CITY WATER. The Contractor shall be allowed to use City Water but before any water is used, he shall make application to the Engineer, who will provide and install — suitable meters and supply the Contractor's representative with suitable hydrant wrenches when the use of hydrants is necessary. The Contractor shall designate one of his employees who shall be responsible for operating the hydrants used by the Contractor.The employee so designated shall be under the direct supervision of the Engineer, and no other employee may operate any hydrant or valve without the written permission of the Engineer. The meters shall not be moved by the Contractor, but will be moved by City employees as directed by the Contractor. The water used will be charged to the Contractor at the rate of twenty(20) cents per 1,000 gallons. 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 brow 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 CONDITIONS. Parts of the General Conditions deemed not to apply to some particular work may be omitted by special reference in other parts of the contract documents 17. APPLICATION. These General Conditions shall apply to the extent that they are not superseded by provisions of other parts of the Contract in particular the SCC. 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 GENERAL CONDITIONS OF CONTRACT PAGE 4 OF 16 PAGES J:\2006_projects\106.0776\Correspondence\Specs\XVI GENERAL CONDITIONS OF CONTRACT.doc performed, manner of performance, rate of progress on the work, and all questions regarding the acceptable fulfillment of the terms of the Contract. 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 AMMO 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. 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. GENERAL CONDITIONS OF CONTRACT PAGE 5 OF 16 PAGES J:\2006_projects\106.0776\Correspondence\Specs\XVI GENERAL CONDITIONS OF CONTRACT.doc 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. — Except where noted in the SCC, 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. The contractor shall promptly report to the Engineer any discrepancies between plans and the stakes. — 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 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 GENERAL CONDITIONS OF CONTRACT PAGE 6 OF 16 PAGES — J:\2006_projects\106.0776\Correspondence\Specs\XVI GENERAL CONDITIONS OF CONTRACT.doc 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 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 quality of work and shall be adequate to complete the contract within the specified time limit. 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. GENERAL CONDITIONS OF CONTRACT PAGE 7 OF 6 PAGES J:\2006_projects\106,0776\Correspondence\Specs\XVI GENERAL CONDITIONS OF CONTRACT.doc SECTION D - PROCEDURE AND PROGRESS — l. 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 deteiuiine. — 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, stonily, 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. 4. DELAYS AND EXTENSION OF TIME. If the Contractor be delayed in the completion of the work by an act of neglect of the City, or 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 than thirty (30) days before claim therefor is made in writing to the Engineer. In the case of 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 the failure to the Contractor to carry out orders given or to perform any or all provisions of the Contract. — 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. CONSTRUCTION SCHEDULING The Contractor's shall obtain the Engineer's approval of his work schedule prior to starting. All revisions shall also be approved. The Engineer may change the schedule to — accommodate changing construction conditions. GENERAL CONDITIONS OF CONTRACT PAGE 8 OF 16 PAGES J:\2006_projects\106.0776\Correspondence\Specs\XVI GENERAL CONDITIONS OF CONTRACT.doc 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. 8. 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 expiration of three-fourths (3/4) of the contract period, the work shall be three-fourths (3/4) completed, and the whole work shall be completed at the expiration of 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. 9. 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. 10. 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. GENERAL CONDITIONS OF CONTRACT PAGE 9 OF 16 PAGES J:\2006_projects\106.0776\Correspondence\Specs\XVI GENERAL CONDITIONS OF CONTRACT.doc SECTION E - MEASUREMENTS AND PAYMENT 1. 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. 2. STANDARD OF MEASUREMENT. All work completed under the contract shall be measured by the Engineer according to the United States standard measures. — 3. SCOPE OF PAYMENTS. The Engineer's measurements of quantities shall be the basis for final payment for the work perfoiiued 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 — furnishing labor or materials, with evidence that such persons have been paid in full. Payment shall be made in the manner set forth in official publications and Council Proceedings relative thereto. — 4. PAYMENT FOR EXTRA WORK. Such extra work as may have been ordered by the Engineer and perfoiiued by the Contractor shall be compensated for as provided herein. If work is to be done or materials are to be furnished by the Contractor which cannot properly be classified under unit prices included in the Proposal, the Contractor shall be paid therefor the actual reasonable cost of the labor and materials entering permanently in such work, plus fifteen percent (15%) of the cost thereof. In computing —' the labor cost on such extra work, the following items shall be included: (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 Inspector shall check the items, and if he finds them to be correct, he shall so certify on the statement of cost, returning one copy to the Contractor and filing one copy with the Engineer. 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 be allowed a reasonable rental thereon, to be agreed upon in writing by the Engineer before such work is begun, and to 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 fifteen percent (15%) allowed is considered to cover the use of hand tools and all overhead expenses except liability insurance. In no case will a claim for extra compensation be allowed unless the work upon which — the claim is based has been ordered in writing, except as provided hereinafter. GENERAL CONDITIONS OF CONTRACT PAGE 10 OF 16 PAGES J:\2006_projects\106.0776\Correspondence\Specs\XVI GENERAL CONDITIONS OF CONTRACT.doc 5. CLAIMS FOR EXTRA COST. If the Contractor claims that any instructions, by drawings or otherwise, involved extra cost under this contract, he shall give the Engineer written notice thereof within ten (10) days after completion of the work. No such claim shall be valid unless so made. 6. 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. 7. 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. 8. 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 the Contractor against the City growing out of this contract and the work done hereunder which are not stated in writing in the manner and within the time provided in Article 6, Section E hereof, shall be waived, and no such claim shall thereafter be asserted against the City. GENERAL CONDITIONS OF CONTRACT PAGE 11 OF 16 PAGES J:\2006_projects\106.0776\Correspondence\Specs\XVI GENERAL CONDITIONS OF CONTRACT.doc 9. WORKING ON SATURDAYS, SUNDAYS AND LEGAL HOLIDAYS The Contractor shall notify the Engineer in writing forty-eight (48) hours 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. SECTION F - LEGAL RELATIONS AND RESPONSIBILITIES — 1. CONSTRUCTION DAMAGE The Contractor shall exercise care during construction operations to ensure the — safety and protection to existing features located near or within the limits of construction. Damage caused by negligence or poor workmanship, as determined by the Engineer, shall be considered the Contractor's responsibility. — 2. 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 the work or the materials or equipment used in or upon the — work, and shall conduct the work so as not to conflict with such laws, ordinances, and regulations. 3. PROTECTION OF WORK AND PROPERTY. The Contractor for any part of the improvement shall be held responsible for the care of materials 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 negligence of his employees of the prosecution of his work, and save the City haumless therefor. 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. — 4. 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. — 5. LIABILITY INSURANCE. The Contractor shall carry liability insurance which shall save the City hainiless and protect the public and any person from injury sustained by the reason of the prosecution of the work or the handling or storing of materials therefor, and said Contractor shall also carry liability insurance which shall meet the requirements of the Iowa Worker's Compensation Law. Before work shall be started on this contract, the Contractor shall furnish the City Clerk — with proper affidavit or Affidavits executed by representatives of duly qualified insurance companies, evidencing that said insurance company or companies have issued liability insurance policies, effective during the life of the contract, or for a period of a least ten — (10) days following the filing of written notice of cancellation, protecting the public and any person from injuries or damages sustained by reason of carrying on the work involved in the Contract. The affidavit shall specifically evidence the following forms of — insurance protection: (a) Public liability insurance covering all operations performed by persons directly employed by the Contractor. — GENERAL CONDITIONS OF CONTRACT PAGE 12 OF 16 PAGES J:\2006_projects\106.0776\Correspondence\Specs\XVI GENERAL CONDITIONS OF CONTRACT.doc —' (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 $ 2,000,000.00 Products—Completed Operations Aggregate Limit $ 2,000,000.00 Each Occurrence Limit $ 2,000,000.00 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. 6. BARRICADES AND SIGNS. The Contractor shall, at his own expense and without further or other order, provide, erect, and maintain, at all times during the progress and suspension of the work and until completion and final acceptance thereof, suitable and requisite barricades, signs, or other adequate protection, as required by the latest edition of the "Iowa Manual on Uniform Traffic Control Devices for Streets and Highways" and shall provide, keep, and maintain such barricades, signs, etc., as may be required or as may be ordered by the Engineer, to insure the safety of the public as well as those engaged on the work. All barricading plans shall be approved by the Engineer. 7. 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. 8. 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. 9. 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. GENERAL CONDITIONS OF CONTRACT PAGE 13 OF 16 PAGES J:\2006_projects\106.07761Correspondence\Specs\XVI GENERAL CONDITIONS OF CONTRACT.doc 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. 10. 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. 11. 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. 12. ARBITRATION. All questions subject to arbitration under this Contract shall be submitted to arbitration at the choice of either party to the dispute. — 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 peiiuitted 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. GENERAL CONDITIONS OF CONTRACT PAGE 14 OF 16 PAGES J:\2006_projects\106.0776\Correspondence\Specs\XVI GENERAL CONDITIONS OF CONTRACT.doc 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. 13. PERFORMANCE BOND. 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 a written bond 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 by the Contractor of all the covenants and agreements on the part of the Contractor contained in this contract. This bond shall remain in force and effect for the full amount of the Contract. 14. 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. 15. 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. 16. 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. 17. 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. 19. PRE-CONSTRUCTION CONFERENCE Before any work is started, the Contractor shall arrange with the Engineer to hold a pre- construction conference to discuss problems and schedules of contracts. GENERAL CONDITIONS OF CONTRACT PAGE 15 OF 16 PAGES J:\2006__projects\106.0776\Correspondence\Specs\XVI GENERAL CONDITIONS OF CONTRACT.doc 20. 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. 22. 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 Engineer on all detour locations for all street closings, barricades and posting prior to construction. These shall meet requirements of the City Police Traffic Depai tment. The Contractor shall notify the 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 low edition of Part VI of the "Manual on Uniform Traffic Control Devices." Encapsulated lens sheeting is not required on this project. 23. 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 GENERAL CONDITIONS OF CONTRACT PAGE 16 OF 16 PAGES J:\2006_projects\106.0776\Correspondence\Specs\XVI GENERAL CONDITIONS OF CONTRACT.doc XVII. SPECIAL CONDITIONS OF CONTRACT AIRPORT BLVD AND WESTBOUND BROADWAY ST, AIRPORT BLVD AND EASTBOUND BROADWAY ST, AND DUBUQUE RD AND IDAHO ST The following conditions shall modify and prevail the appropriate and/or corresponding conditions in General Conditions of Contract. SECTION A - Definitions of Terms None. SECTION B - Scope of work None SECTION C - Control of Materials and Work Removed and excess material, except what is noted on the plans, resulting from construction operations shall be hauled to the County Landfill or other approved area. All Landfill charges are to be considered incidental to the contract and are the responsibility of the Contractor. SECTION D - Procedure and Progress WORKING ON SATURDAYS, SUNDAYS AND LEGAL HOLIDAYS Work on Sunday requires prior approval of the Engineer in accordance with the Waterloo Standard Specifications. The Contractor shall not work on the City holidays. SECTION E - Measurements and Payments 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, complete and submit to the City a breakdown of the prices on the traffic signal lump sum items. The submitted breakdown shall be approved by the Engineer prior to any payment of any lump sum price item. SECTION F- Legal Relations and Responsibility None. SPECIAL CONDITIONS OF CONTRACT PAGE 1 OF 3 PAGES J:\2006_projects\106.0776\Correspondence\Specs\XVII SPECIAL CONDITIONS OF CONTRACT.doc SCHEDULE OF UNIT PRICES TRAFFIC SIGNAL MODIFICATIONS WATERLOO, IOWA TOTAL TOTAL ITEM UNIT QUANTITY UNIT COST EXTENSION — 8-phase controller, cabinet w/riser and accessories EACH 1 Controller cabinet,TS-2 Type 1 and accessories EACH 2 Video detection system(1 camera) LS 1 Video detection system(2 cameras) LS 1 Video detection system(4 cameras) LS 1 Pedestrian pushbutton with sign EACH 4 12" R,Y,G w/backplate, mast-arm mounted EACH 8 — 12" R,Y,G, side-of-pole mounted EACH 7 12"<R,<Y, <G w/backplate, mast-arm mounted EACH 2 12"<R,<Y, <G, side-of-pole mounted EACH 1 _ 12" R,Y,G,w/backplate, mast-arm mounted, EACH 4 programmable 12" R,Y,G, side-of-pole mounted, programmable EACH 4 — 12"pedestrian, hand/person, side-of-pole mounted EACH 4 Power supply EACH 1 Pre-cast concrete handhole, 24"diameter EACH 2 — Signal cable-5C#16 AWG LIN FT 3640 Signal cable-2C#16 AWG LIN FT 1150 Luminaire cable-1C#8 AWG LIN FT 780 Luminaire cable- 1C#10 AWG LIN FT 280 Power cable- 1C#3 AWG LIN FT 240 — Ground wire- 1C#6 green LIN FT 730 2" PVC,trenched LIN FT 420 _, 3"PVC,trenched LIN FT 30 2" PVC, pushed LIN FT 100 3"PVC, pushed LIN FT 105 Controller cabinet footing EACH 1 3'-6"dia.X 8'depth footing EACH 1 — 3'-6"dia.X 9'depth footing EACH 2 3'-6"dia.X 10'depth footing EACH 2 3'-6"dia.X 11'depth footing EACH 1 — 3'-6"dia.X 12'depth footing EACH 1 3'-6"dia.X 14'depth footing EACH 1 SPECIAL CONDITIONS OF CONTRACT PAGE 2 OF 3 PAGES J:\2006_projects\106.0776\Correspondence\Specs\XVII SPECIAL CONDITIONS OF CONTRACT.doc 2'dia X 3'depth footing EACH 2 Steel combination signal/lighting pole-55' mast arm EACH 1 Steel combination signal/lighting pole-40' mast arm EACH 1 Steel combination signal/lighting pole-35'mast arm EACH 1 Steel combination signal/lighting pole-25' mast arm EACH 1 Steel pole, 55' height, no mast arm EACH 1 Steel mast arm pole-40'mast arm EACH 1 Steel mast arm pole-35' mast arm EACH 2 Steel pedestal pole- 14'height EACH 2 Traffic sign- R3-5L, 30"x 36", mast-arm mounted EACH 2 LED blank-out sign,word message, mast-arm EACH 2 mounted Relocate LED blank-out sign, R3-1/R3-2, mast-arm EACH 2 mounted Traffic monitoring camera LS 1 Wireless communications and network video LS 1 transmission receiver and transmitter Traffic signal removals LS 3 Traffic sign- R8-8,24"x 30"w/wood post EACH 1 TOTAL SIGNALIZATION COST SPECIAL CONDITIONS OF CONTRACT PAGE 3 OF 3 PAGES J:\2006_projects\106.0776\Correspondence\Specs\XVII SPECIAL CONDITIONS OF CONTRACT.doc XVIII. FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF TRAFFIC SIGNAL MODIFICATIONS AIRPORT BLVD AND WESTBOUND BROADWAY ST DIVISION 1: CS-TSF-8155(691)-85-07 AIRPORT BLVD AND EASTBOUND BROADWAY ST DIVISION 2: CS-TSF-8155(693)-85-07 _ DUBUQUE RD AND IDAHO ST DIVISION 3: CS-TSF-8155(692)-85-07 In the City of Waterloo, Iowa Black Hawk County This contract made and entered into this day of , 200 , by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and of , , (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 Contractor agrees to build and construct the AIRPORT BLVD AND WESTBOUND BROADWAY ST, AIRPORT BLVD AND EASTBOUND BROADWAY ST, AND DUBUQUE RD AND IDAHO ST signal improvements, 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 foiuiing 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. 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. FORM OF CONTRACT PAGE 1 OF 5 PAGES J:\2006_projects\106.0776\Correspondence\Specs\XVIII FORM OF CONTRACT.doc r.. 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 December 31, 2007,unless an extension of time is granted in writing by the Council of the City. PAR. 6 Should the Contractor fail to complete said improvements in strict .— accordance with the terms and conditions of this contract, or the plans and specifications therefor promptly by the date herein specified, the City may pay such additional sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor.PAR. 7 The Contractor agrees to comply with and obey all ordinances of the City of ," Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents,while work is done pursuant to this agreement. PAR. 8 The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act,omission or negligence of the Contractor or its agents, or on account of any injuries allegedlyImo 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 t solvent company in a sufficient amount to protect the City and those who use L. 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 Engineer. 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 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. FORM OF CONTRACT PAGE 2 OF 5 PAGES r J:\2006_projects\106.0776\Correspondence\Specs\XVIfI FORM OF CONTRACT.doc 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 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 FORM OF CONTRACT PAGE 3 OF ;S PAGES J:12006_projects1106.0776\Correspondence\Speos\XVIII FORM OF CONTRACT.doc ro "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 — teiins 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. CITY OF WATERLOO,IOWA Mayor City Clerk Contractor BY: Title: FORM OF CONTRACT PAGE 4 OF 5 PAGES — J:\2006_projects\106.0776\Correspondence\Specs\XVlli FORM OF CONTRACT.doc Approved by the City Council of the City of Waterloo, Iowa, this day of 200 . ATTEST: , City Clerk Waterloo, Iowa FORM OF CONTRACT PAGE 5 OF 5 PAGES J:\2006_projects\106.0776\Correspondence\Specs\XVIII FORM OF CONTRACT.doc XIX. PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, of (hereinafter called the Principal), and of (hereaft are held and firmly bound unto the City of Waterloo(hereinafter c lleder theailed the Surety), Obligee),in the penal sum of Dollars($ ), lawful money of the United States, to payment of which sum, well and truly to be made, the Principal here firmly binds himself/themselves, his/their heirs, executors, and administrators, and the said Surety �' binds himself; his successors, assigns, executors, and administrators, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, WHEREAS the above bounden Principal did, on the day of 20 , enter into a written contract with the City of Waterloo, Iowa, for the construction of a copy of which contract, together with all of its terms, covenants, conditions, and stipulations, is incorporated herein and made a part hereof as full and completely as if said contract were recited at length herein; and WHEREAS, the Principal and Surety on this bond hereby agree to pay to all persons, firms or corporations having contracts directly with the Principal or with subcontractors, all just claims due them for labor performed or materials furnished in the performance of the contract on account of which bond is given when the same are not satisfied out of the portion of the contract price which the public corporation is required to retain until completion of the public improvement, but the Principal and Surety shall not be liable to said persons, firms, or corporation unless the claims of said claimants against said portion of the contract price shall have been established as provided by law. Now, if the Principal shall in all respects fulfill his said contract according to the terms and tenor thereof, and shall satisfy all claims and demands incurred for the same, and shall fully indemnify and save harmless the Obligee from all costs and damages which it may suffer by reason of failure to do so, and shall fully reimburse and repay the Obligee all outlays and expenses which it may incur in making good any such default, then the obligation is to be void and of no effect, otherwise to remain in full force and effect. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding,to consent without notice: 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. FORM OF CONTRACT PAGE 1 OF 2 PAGES J:12006_projects1106.07761Correspondence\Specs\XIX PERFORMANCE BOND.doc 3. That no provision of this bond or of any other contract shall be valid which — limits to less than two (2) years 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. IN WITNESS WHEREOF, we have hereunto set our hands and seals this — day of , 20 • Principal By: Surety Attorney-in-Fact FORM OF CONTRACT PAGE 2 OF 2 PAGES J:\2006_projects\106.0776\Correspondence\Specs\XIX PERFORMANCE BOND.doc