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HomeMy WebLinkAboutPROJECT SPECIFICATIONS A:COM Project Manual For: _ F.Y. 2011 Midport Boulevard Extension Phase II PCC Pavement - Grade and New City of Waterloo, Iowa City Contract No. 802 Iowa DOT RISE No. RM-8155(722)--9D-07 AECOM #60189781 .13 Prepared For: City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Prepared By: AECOM 501 Sycamore Street, Suite 222 P.O. Box 1497 Waterloo, Iowa 50704-1497 April 2011 I hereby certify that this engineering document was prepared by me or under my direct personal supervision and that I am a duly FessroH ,,,,,'' licensed Professional Engineer under the laws of the state of Iowa. . UGLA DO S W. c+ = G1/ W UGLA EL • 4 f0 l 1 u • 11457 � '� = D U AS W. SCHIN , P.E. Date ",, row ••r" 0, License No. 11457 My license renewal date is December 31, 2012. Pages or sheets covered by this seal: All Pages Date Issued: F.Y. 2011 MIDPORT BOULEVARD EXTENSION PHASE II PCC PAVEMENT- GRADE AND NEW CITY CONTRACT NO. 802 CITY OF WATERLOO, IOWA IOWA DOT RISE NO. RM-8155(722)--9D-07 Prepared For: City of Waterloo, Iowa Prepared By: AECOM April 2011 FY 2011 MIDPORT BOULEVARD EXTENSION PHASE II PCC PAVEMENT - GRADE AND NEW CITY CONTRACT NO. 802 CITY OF WATERLOO, IOWA IOWA DOT RISE NO. RM-8155(722)--9D-07 CONTRACT DOCUMENTS TABLE OF CONTENTS Page 1. NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS NPHB-1 to NPHB-4 2. INSTRUCTIONS TO BIDDERS IB-1 to IB-10 3. FORM OF BID OR PROPOSAL BF-1 to BF-4 4. SALES TAX EXEMPTION INFORMATION FORM STE-1 5. FORM OF BID BOND BB-' 6. NON-COLLUSION AFFIDAVITS NCA-1 to NCA-2 7. EQUAL OPPORTUNITY CLAUSE EOC-1 to EOC-2 8. RECIPROCAL RESIDENT BIDDER PREFERENCE AND RESIDENT BIDDER CERTIFICATION RR-1 to RR-2 9. AFFIRMATIVE ACTION PROGRAM 1 to 9 10. CONTRACT PROVISION (EXHIBIT E) 1 to 6 11. POTENTIAL ITEMS OF WORK FOR MBE/WBE PARTICIPATION M-1 SUBCONTRACTORS BID REQUEST FORM, M-2 LETTER FORM FOR SUBCONTRACTOR QUOTES, M-3 MBE/WBE SCOPE LETTER, M-4 MBE AND/OR WBE PREBID CONTACT INFORMATION FORM M-5 to M-6 12. CERTIFIED MBE/WBE CONTRACTORS - CITY OF WATERLOO 1-5 13. STATEMENT OF BIDDER'S QUALIFICATIONS SQ-1 to SQ-2 14. GENERAL SPECIAL PROVISIONS GSP-1 to GSP-4 15. SPECIAL PROVISIONS SP-1 to SP-3 Section 01316 Engineer's Status During Construction 01316-1 - 5 Section 100 Clearing and Grubbing 100-1 Section 101 Earthwork 101-1 -2 Section 102 Granular Materials 102-1 -2 Section 103 Pavement 103-1 - 2 Section 104 Culverts 104-1 MidPortBlvd Phase II 60189781.13 Section 105 Subdrain 105-1 Section 106 Storm Sewer 106-1 Section 107 Erosion Protection 107-1 Section 108 Road Closures 108-1 Section 109 Field Office 109-1 _ Section 110 Signing 110-1 Section 111 Pavement Markings 111-1 Section 112 Traffic Control 112-1 Section 113 Mobilization 113-1 Section 114 Relocate Fire Hydrant 114-1 Section 115 Seeding 115-1 Section 116 Erosion Control 116-1 _ 16. STANDARD ROAD PLANS SRP-1 17. POLLUTION PREVENTION PLAN PPP-1 to PPP-5 -- 18. GEOTECHNICAL ENGINEERING (SOILS REPORT) GER-1 to GER-24 19. GENERAL SPECIFICATIONS FOR CONSTRUCTION GS-1 to GS-13 20. SUPPLEMENTAL GENERAL SPECIFICATIONS FOR CONSTRUCTION SGS-1 21. FORM OF CONTRACT C-1 to C-4 22. FORM OF PERFORMANCE BOND PFB-1 to PFB-2 23. FORM OF PAYMENT BOND PB-1 to PB-2 MidPortBlvd Phase II 60189781.13 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost and the NOTICE TO BIDDERS For the Taking of Construction Bids For the F.Y. 2011 MIDPORT BOULEVARD EXTENSION PHASE II PCC PAVEMENT- GRADE AND NEW CITY CONTRACT NO. 802 IOWA DOT RISE NO. RM-8155(722)--9D-07 IN THE CITY OF WATERLOO, IOWA RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 2nd day of May , 2011, until 4:00 p.m. for the construction of the F.Y. 2011 MIDPORT BOULEVARD EXTENSION, PHASE II, CITY CONTRACT NO. 802 as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in open Council meeting to be held in the Council Chambers in the City Hall in the City of Waterloo, Iowa, on the 2nd day of May , 2011, at 5:30 p.m. , and the proposals will be acted upon at such later time and place as may then be fixed. 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 May 2, 2011 , 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 AECOM are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. SCOPE OF WORK The extent of the work involved is the construction of grading, paving, drainage and other incidental items for the F.Y. 2011 MIDPORT BOULEVARD EXTENSION PHASE II in the City of Waterloo, Iowa. BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced within ten (10) working days after receipt of "Notice to Proceed" and all items shall be completed on or before August 1, 2011 . The completion date will be administered based on 40 working days. NPHB-1 MidPortBlvd Phase II 60189781.13 METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against bi-monthly estimates in cash on the basis of ninety-five percent (95%) of the work as it is completed and materials delivered and work approved. Final payment will be made thirty-one (31) days after completion of the work and acceptance by the Council. Before final payment is made, vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required unless the City is satisfied that material, men and laborers have been paid. The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay estimates, according to Chapter 384.57 of the Code of Iowa, payment may be made by anticipatory warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A, Code of Iowa. PLANS AND SPECIFICATIONS Plans and Specifications governing the construction of the proposed improvements have been prepared by AECOM, which plans and specifications and also the prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice, and the proposed contract by reference shall be executed in compliance therewith. Plans and Specifications are available from the City Engineer upon the City's receipt of a $25.00 refundable deposit. Deposits will be refunded if the plans are returned in usable condition (i.e., free of highlights, ink markings, tears, stickers, water stains and soiling) to the Engineer's Office by the end of the 14th consecutive day after the project has been awarded. No deposits will be refunded for any plans received after the 14th consecutive day, which includes plans returned via mail service. Planholders are responsible for ascertaining when the project has been awarded. _ This deposit policy shall also apply to the prime contractor awarded the project for all plans and specifications obtained and distributed by the prime contractor to their subcontractors and suppliers in determining the prime contractor's bid, if the prime contractor wishes for their deposit to be returned. Upon award of project, the prime contractor shall be supplied with the needed number of plans and specifications at no additional cost. CONTRACT AWARD A contract will be awarded to the qualified bidder submitting the lowest bid. -- The City reserves the right to reject any or all bids, re-advertise for new bids, and to waive informalities in the bids submitted that might be in the best interest of the City. Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty (30) days from the day of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding the contract. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced with the State of Iowa and preference will be given to local domestic labor in the construction of the improvement. PROPOSALS SUBMITTED The bidder shall submit bids on the items listed in the proposal. The bidder shall clearly write or type the unit bid price and the bid item extension (Unit Price x Estimated Qty) in numerals on the blanks provided. Should there be any discrepancy between the unit bid price and extension, the City of Waterloo shall consider the unit bid price as being the valid unit bid price. NPHB-2 MidPortBlvd Phase II 60189781.13 The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price and Total Bid. The computer-generated spreadsheet shall irclude all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer-generated spreadsheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond, (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the Bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. PERFORMANCE AND PAYMENT BONDS _ The successful bidder will be required to furnish Performance and Payment Bonds within ten (10) days after forms are presented to him in an amount equal to one hundred percent (100%) of the contract price, said bonds to be issued by a responsible surety approved by the City Council and sha I guarantee the faithful performance of the contract and the terms and conditions therein contained, and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operations of the contractor. MAINTENANCE BOND Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. CONTRACT COMPLIANCE PROGRAM 1 SUBCONTRACTING The program proposes numerical projections regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as Subcontractors, vendors and suppliers in the performance of Contracts awarded by the City of Waterloo, Iowa. A goal of at least ten percent (10%) for MBE participation on all City funded construction projects that are estimated at $50,000.00 or more. A goal of at least two percent (2%) for WBE participation on all City funded construction projects that are estimated at $50,000.00 or more. Any project funded in part or in total with federal funds shall follow the respective agencies contract compliance program and goals. The Prime Contractor shall make "good-faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontractors, suppliers or vendors must provide the Prime Contractor a reasonably competitive price for the service being rendered or the Contractor is not required to accept their bid. NPHB-3 MidPortBlvd Phase II 60189781.13 LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the specified contract period, plus authorized extensions, the contractor shall pay to the City Liquidated Damages in the amount of five hundred dollars ($500.00) per day, for each day, as further described herein, in excess of the authorized time. Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that the contractor does, or could have worked, from Monday through Saturday. Sundays will be counted only if work is performed. Partial working days will be considered as a full working day. Days not chargeable for Liquidated Damages will include rain days, Sunday if no work is done, and legal holidays. Working days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work the Contractor shall submit to the Engineer in writing a request that working days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering and contract administration. PRE-CONSTRUCTION CONFERENCE Before the work is commenced on this contract, a conference shall be held for the purpose of discussing the contract. The conference shall be attended by the prime contractor, subcontractors and City Officials. RECIPROCAL RESIDENT BIDDER PREFERENCE Attention of bidders is called to the requirement of complying with the provisions of the Reciprocal Resident Bidder Preference requirement. 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. SALES TAX EXEMPTION CERTIFICATES Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building materials or supplies in the performance of construction contracts let by the City of Waterloo. Published pursuant to the provisions of Chapter 26 of the Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the day of , 2011. CITY OF WATERLOO, IOWA BY: Suzy Shares City Clerk NPHB-4 MidPortBlvd Phase II 60189781.13 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, Total Bid Price, and Total Bid. The computer- generated spreadsheet shall include all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer-generated 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. 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. IB-1 MidPortBlvd Phase II 60189781.13 e. In preparing his 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, total bid price, 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. — 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. IB-2 MidPortBlvd Phase II 60189781.13 7. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bond, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. 8. COLLUSIVE AGREEMENTS a. Each bidder submitting a bid shall execute and include with the bid, a Non-Collusion Affidavit in the form herein provided, to the effect that he as not colluded with any other person, firm, or corporation in regard to any bid submitted. b. Each bidder submitting a bid shall have each proposed subcontractor, if any, execute and submit to the City Contract Compliance Officer by 5:00 P.M. the business day following the day bids on this project are due, a Non-Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. Before executing any subcontract, the successful bidder shall submit the name of any proposed subcontractor for approval by the City. 9. MINORITY AND/OR WOMEN BUSINESS ENTERPRISE SUBCONTRACTORS a. CITY OF WATERLOO AND/OR WOMEN BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM The City of Waterloo Minority and/or Women Business Enterprise Pre-Bid Contact Information Form shall be submitted with the Form of Bid or Proposal. Failure to do so shall be grounds for the bid being rejected if subcontracting is proposed by the prime contractor. 10. MBE/WBE CONTRACT COMPLIANCE PROGRAM PURPOSE The purpose of the Contract Compliance Program (hereinafter called Program) is to act as an impetus for increasing the participation of minority and women disadvantaged business enterprise(MBE/WBE) in City awarded construction contracts. The Program does not propose to eliminate any bonafide contractor or subcontractor from bidding on City contracts, but it will hopefully serve as a needed stimulus to help local MBE/WBE's grow and eventually become mainstream contractors and subcontractors. This Contract Compliance Program does not propose to include any set-aside or quotas, but only flexible goals where "good-faith efforts" are required by the contractor to use MBE/WBE subcontractors. IB-3 MidPortBlvd Phase II 60189781.13 This Program shall not eliminate the need for contractors to continue their "good-faith efforts" in using MBE/WBE subcontractors on City contracts estimated at less than $50,000. The City of Waterloo will make every effort to reduce in-house construction and maintenance work that would be more cost effectively performed by the private sector and, thus, would allow additional bidding opportunities for MBE/WBE firms. The City Contract Compliance Officer shall be advised of all City of Waterloo awarded construction contracts. DEFINITIONS Goals: A flexible numerically expressed objective which contractors are required to make "good- — faith efforts." The key to the requirement is to make documented efforts. Goals are neither set-a-sides nor a device to achieve proportional representation or equal results. Numerical goals do not create set-a-sides for specific groups, nor are they designed to achieve proportional representation or equal results. Rather, the goal-setting process in affirmative action planning is used to target and measure the effectiveness of affirmative action efforts to eradicate and prevent discrimination. Quota: A flat numerical requirement that the contractor is required to meet in order to obtain the benefit or be in compliance. The numerical goal component of affirmative action programs is not designed to be, nor may it properly or lawfully be interpreted as, permitting unlawful preferential treatment and quotas with respect to persons of any race, color, religion, sex, or national origin. The regulations at 41 CFR 60-2.12(a), 60-2.15 and 60-2.30, specifically prohibit discrimination and the use of goals as quotas. (U.S. Department of Labor) Set-Aside: An arrangement in which a particular contract is reserved for competition solely among minority and women business enterprises. Contractor: -" As used in this document means contractor, subcontractor, supplier, vendor, and professional service provider. Minority Business Enterprise (MBE) Any business, which is at least 51%, owned by one or more minorities and whose management and daily business operations are controlled by one or more such individuals and is on the current State Unified Certification List, or were listed on the City of Waterloo Certified MBE/WBE Contractors list as of July 1, 2002 Women Business Enterprise (WBE): — Any business which is at least 51% 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 — IB-4 MidPortBlvd Phase II 60189781.13 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. Good Faith Efforts: The successful bidder shall be selected on the basis of having submitted the lowest responsible bid. The obligation of the bidder is to make good faith efforts. The bidder can demonstrate that it has done so by the following: 1. The Prime Contractor met the project goal - No Action necessary 2. If the Prime Contractor failed to meet the goal, they must submit documentation of good faith efforts. — CONTRACT COMPLIANCE PROGRAM SUBCONTRACTING The program proposes numerical projections or goals regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as subcontractors in — the performance of contracts awarded by the City of Waterloo, Iowa. A goal of at least 10% for MBE participation on all City funded construction projects that are estimated at $50,000 or more and projects under $50,000 where applicable at the Contract Compliance Officer's discretion. There is at least 2% WBE goal on City funded projects. Any project which is funded solely or in part with Federal funds shall follow the respective agencies contract compliance program and goals. Any project which is funded solely or in part with State funds shall follow the respective agencies contract compliance program and goals. The City of Waterloo Contract Compliance Program is for City awarded construction contracts only. The prime contractor shall make "good-faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontracts must provide the prime contractor a reasonably competitive price for the service being rendered or the contractor is not required to accept the bid. IB-5 MidPortBlvd Phase II 60189781.13 Administrative Reconsideration: As part of this reconsideration, the bidder will have the opportunity to provide written documentation or arguments concerning the issue of whether they made adequate good faith efforts to meet the goals. The bidder will have the opportunity to meet in person with the City of Waterloo's Administrative Reconsideration Committee to discuss the issue of whether they made adequate good faith efforts. The Administrative Reconsideration Committee will forward a written decision on reconsideration to the Mayor and City Council, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so. Documentation required will include but is not limited to the following: • Making portions of the work available for MBE/WBE subcontracting • Evidence of negotiating with MBE/WBE firms • MBE/WBE quotes obtained and non-MBE/WBE quotes used • Reasons agreements were not reached • Follow-up after initial solicitations _. • Efforts to assist in obtaining equipment, supplies and materials (at competitive prices), bonding, lines of credit, insurance, etc. • Evidence of past compliance or non-compliance by same contractor The Contract Compliance Officer will determine the weight to be given to each item listed above(supported by appropriate documentation) based on overall program goals. RESPONSIBILITIES 1. City of Waterloo A. The City Contract Compliance Officer has the responsibility to assure the City's compliance with Federal, State and Municipal regulations. B. The City Contract Compliance Officer is responsible for maintaining a current directory of certified firms. Certification of MBE/WBE/DBE contractors is through the Iowa Department of Transportation and its Unified Certification Program. Only firms certified based on guidelines prescribed in 49 CFR Part 26 and provisions of this agreement, shall be recognized as certified by the City of Waterloo. C. The City Contract Compliance Officer is responsible for making available a list of future project information notices to MBE/WBE firms. D. The City Contract Compliance Officer shall send notices to appropriate MBE/WBE firms in the directory of each bid solicitation with opening date. E. The City Contract Compliance Officer will receive MBE/WBE Letter(s) of Intent to Bid and within two (2) business days forward the complete list of MBE/WBE bidders who submitted a Letter of Intent to Bid to prime contractors. II. Prime Contractors -- In order to be in compliance with the guidelines of this program, the prime contractor must show good-faith efforts in following the MBE/WBE Contract Compliance Program. Good-faith efforts include, but are not limited to, the following: IB-6 MidPortBlvd Phase II 60189781.13 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. lll. MBE/WBE Firms A. MBE/WBE firms shall be certified by the Iowa Department of Transportation as owners and controllers of their respective businesses, or were listed on the City of Waterloo Certified MBE/WBE Contractors list as of July 1, 2002. B. MBE/WBE firms must perform the work on the project; they cannot act as a broker by subcontracting the work out to others. C. Each MBE/WBE firm planning to submit quotes on construction projects with goals, shall submit a Letter of Intent to Bid (Form CCO-5) to the City Contract Compliance Officer seven (7) working days prior to bid opening, listing specific items which the MBE/WBE firm is interested in bidding. If sufficient Letters of Intent to Bid are not received by the City Contract Compliance Officer seven (7) working days prior to bid opening, goals on subject project will be reduced accordingly. Agreements between the bidder/proposer and a MBE/WBE in which the MBE/WBE promises not to provide subcontracting quotations to other bidders/proposers are prohibited. I13-7 MidPortBlvd Phase II 60189781.13 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. NOTICE TO PROCEED Notice to proceed on any project with goals will not be issued until City Contract Compliance Officer determines the lowest responsible bidder has used good-faith efforts to comply with this Compliance Program and the bid was responsive. CONCLUSION This program repeals or revises all sections of previous Waterloo Contract Compliance Programs. 11. EMPLOYMENT AND BUSINESS OPPORTUNITY To the greatest extent feasible, suppliers, subcontractors, and low income workers owning businesses or living in the Waterloo area must be given priority in supplying materials, bidding for subcontract work, or applying for employment by the contractor on this project. Opportunities for training and for employment arising in connection with this project shall to the greatest extent feasible be made available to lower income persons residing in the project area. The contract area is the City of Waterloo. The City of Waterloo will require the contractor to document his efforts in securing lower income workers living in the project area and in purchasing supplies from, and awarding subcontracts to, businesses owned by persons residing in the project area. 12. STATEMENT OF BIDDER'S QUALIFICATIONS Each bidder shall, upon request of the City of Waterloo, Iowa, submit on the form furnished for that purpose (a copy of which is included in the contract documents), a statement of bidder's qualifications, his experience record in constructing the type of improvements embraced, and his organization and equipment available for the work contemplated; and, when specifically requested, a detailed financial statement. The City of Waterloo, Iowa, shall have the right to take such steps as it deems necessary to determine the ability of the bidder to perform his obligations under the contract, and the bidder shall furnish the City of Waterloo, Iowa, all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy the City of Waterloo, Iowa, that the bidder is qualified to carry out properly the terms of the contract. IB-8 MidPortBlvd Phase II 60189781.13 13. AWARD OF CONTRACT a. Award of contract will be made to that responsive and responsible bidder whose bid, conforming to the Specifications, is most advantageous to the City of Waterloo; price and other factors considered. The intention is to award the contract at 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. 14. EXECUTION OF AGREEMENT, BONDS, AND CERTIFICATE OF INSURANCE a. Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful bidder shall execute and deliver to the City of Waterloo, Iowa, an agreement in the form included in the contract documents in such number of copies as the City of Waterloo, Iowa, may require. b. Having satisfied all conditions of award as set forth elsewhere in these documents, the successful bidder shall, within the period specified in paragraph "a" above, furnish a surety bond and a payment bond in a penal sum not less than the amount of the contract as awarded, as security for the faithful performance of the contract and terms and conditions therein contained and shall guarantee the prompt payment of all persons, firms, or corporations to whom the contractor may become legally indebted for labor, materials, tools, equipment, or services of any nature including utility and transportation services, employed or used by him in performing the work. The bonds shall protect and save harmless the City from claims and damages of any kind caused by the operations of the contractor and shall also guarantee the maintenance of the contract improvements for the period stated in the Notice of Hearing from and after completion of said improvements and their acceptance by the City. Such bonds shall be in the same form as that included in the contract documents and shall bear the same date as, or a date subsequent to that of the agreement. The current Power of Attorney for the person who signs for any surety company shall be attached to such bonds. c. The successful bidder shall, within the period specified in paragraph "a" above, furnish a certificate of insurance for approval in amounts of not less than the amounts specified in the General Specifications for Construction, Section F. No. 4 "Liability Insurance," Pages GS-10 to GS-11. 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. IB-9 MidPortBlvd Phase II 60189781.13 d. The failure of the successful bidder to execute such agreement and to supply the required bond or bonds within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the City of Waterloo, Iowa, may grant, based upon reasons determined sufficient by the City of Waterloo, Iowa, may either award the contract to the next lowest bidder or re-advertise for bids, and may charge against the bidder the difference between the amount of the bid an the amount for which a contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid guaranty. If a more favorable bid is received by re- advertising, the defaulting bidder shall have no claim against the City of Waterloo, Iowa, for a refund. 15. RECIPROCAL RESIDENT BIDDER PREFERENCE Attention of bidders is called to the requirement of complying with the provisions of the Reciprocal Resident Bidder Preference requirement. 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. IB-10 MidPortBlvd Phase II 60189781.13 FORM OF BID OR PROPOSAL F.Y. 2011 MIDPORT BOULEVARD EXTENSION PHASE II PCC PAVEMENT-GRADE AND NEW CITY CONTRACT NO. 802 IOWA DOT RISE NO. RM-8155(722)--9D-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 AECOM now on file in the office of the City Clerk, City Hall, Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to construct and complete this F.Y. 2011 MIDPORT BOULEVARD EXTENSION PHASE II, CITY CONTRACT NO. 802, all in accordance with the above-listed documents and for the unit prices for work in place for the following items and quantities: F.Y. 2011 MIDPORT BOULEVARD EXTENSION PHASE II CITY CONTRACT NO. 802 TOTAL ITEM ESTIMATED UNIT BID NO. ITEM DESCRIPTION UNIT QUANTITY PRICE TOTAL BID PRICE 1 Clearing and Grubbing Unit 294.1 $ $ 2 Special Backfill CY 613.8 $ $ 3 Excavation, Class 10, Roadway and Borrow CY 6,656.0 $ $ Excavation, Class 12, Boulders or Rock 4 Fragments CY 200.0 $ $ 5 Topsoil, Strip, Salvage and Spread CY 1,695.0 $ $ 6 Special Compaction of Subgrade Sta. 7.0 $ $ 7 Granular Subbase SY 3,686.8 $ $ 8 Subgrade Stabilization Material, Polymer Grid SY 3,686.8 $ $ 9 Granular Shoulders, Type A Ton 82.0 $ $ 10 Shoulder Finishing, Earth Sta. 15.5 $ $ Standard or Slip Form Portland Cement Concrete Pavement, Class C, Class 3 11 Durability, 10-In. SY 3,132.8 $ $ BF-1 MidPortBlvd Phase II 60189781.13 TOTAL ITEM ESTIMATED UNIT BID NO. ITEM DESCRIPTION UNIT QUANTITY PRICE TOTAL BID PRICE 12 Median, P.C. Concrete, 6-In. SY 26.0 $ $ Granular Surfacing on Road, Class A Crushed 13 Stone Ton 347.0 $ $ Excavation, Class 20,for Roadway Pipe 14 Culvert CY 45.0 $ $ 15 Aprons, Concrete, 15-In. Dia. Each 1.0 $ $ 16 Aprons, Concrete, 24-In. Dia. Each 2.0 $ $ 17 Aprons, Concrete Arch, 44-In.x 27-In. Each 1.0 $ $ 18 Culvert, Concrete Roadway Pipe, 24-In. Dia. LF 162.0 $ $ 19 Culvert, Unclassified Entrance Pipe, 24-In. Dia. LF 32.0 $ $ 20 Subdrain, Longitudinal(Shoulder),4-In. Dia. LF 858.2 $ $ 21 Subdrain Outlet(RF-19C) Each 6.0 $ $ 22 Intake, SW-508 Each 1.0 $ $ 23 Intake, SW-510 Each 2.0 $ $ 24 Manhole Adjustment, Minor Each 1.0 $ $ Storm Sewer Gravity Main,Trenched, Reinforced Concrete Pipe(RCP),2000D 25 (Class III), 15-In. LF 64.0 $ $ Storm Sewer Gravity Main,Trenched, Reinforced Concrete Pipe(RCP),2000D 26 (Class III), 18-In. LF 52.0 $ $ Storm Sewer Gravity Main,Trenched, Reinforced Concrete Pipe(RCP),2000D 27 (Class III), 30-In. LF 433.4 $ $ Storm Sewer Gravity Main,Trenched, Reinforced Concrete Arch Pipe(RCAP),2000D 28 (Class A-III), 44-In. x 27-In. LF 57.0 $ $ R` 29 Engineering Fabric SY 37.8 $ $ 30 Erosion Stone Ton 20.0 $ $ 31 Permanent Road Closure, Urban, SI-182 Each 1.0 $ $ 32 Safety Closure Each 2.0 $ $ 33 Field Office Each 1.0 $ $ w 34 Delineator, Rigid -Type I Each 10.0 $ $ 35 Wood Posts for Type A or B Signs,4-In. x 4-In. LF 98.0 $ $ 36 Type A Signs, Sheet Aluminum SF 73.25 $ $ BF-2 MidPortBlvd Phase II 60189781.13 TOTAL ITEM ESTIMATED UNIT BID NO. ITEM DESCRIPTION UNIT QUANTITY PRICE TOTAL BID PRICE Painted Pavement Marking, Waterborne or 37 Solvent-Based Sta. 44.9 $ $ 38 Traffic Control LS 1.0 $ $ 39 Flaggers Day 5.0 $ $ 40 Mobilization LS 1.0 $ $ 41 Relocate Fire Hydrant Each 1.0 $ $ 42 Mowing Acre 2.0 $ $ 43 Mulching Acre 4.0 $ $ 44 Seeding and Fertilizing (Urban) Acre 2.0 $ $ 45 Stabilizing Crop-Seeding and Fertilizing Acre 2.0 $ $ 46 Silt Fence LF 1,694.0 $ $ 47 Removal of Silt Fence LF 1,694.0 $ $ 48 Clean-Out of Silt Fence LF 1,694.0 $ $ 49 Silt Wattles LF 113.0 $ $ 50 Removal of Silt Wattles LF 113.0 $ $ TOTAL AMOUNT $ 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 o'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. BF-3 MidPortBlvd Phase II 60189781.13 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 provide Targeted Small Business documentation, as indicated in Exhibit E of the Contract Documents, with this Form of bid or Proposal. The Targeted Small Business(TSB) Pre-Bid Contact Information Form will be required to be completed and submitted with the bid. In addition, 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: 1) The City of Waterloo does not approve the subcontractors. 2) The subcontractors submit in writing that they cannot fulfill their subcontracts. 11. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or"NA". 12. The bidder has attached all applicable forms. 13. The Owner reserves the right to select alternates, delete line items, and/or to reduce quantities prior to the award of a contract due to budgetary limitations. (Name of Bidder) (Date) BY: Title Official Address: (Including Zip Code): --- I.R.S. No. BF-4 MidPortBlvd Phase 11 60189781.13 -` CITY OF WATERLOO, IOWA ��,�.►- WATERLOO ENGINEERING DEPARTMENT V-1-1 - 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4312 Fax(319) 291-4262 .eerh'. ) ERIC THORSON,P E • City Engineer Mayor INFORMATION NEEDED ERNEST G. FOR CLARK IOWA CONSTRUCTION SALES TAX EXEMPTION CERTIFICATE COUNCIL MEMBERS CONTRACTOR NAME: DAVID JONES ADDRESS: Ward I CAROLYN COLE Ward 2 -- HAROLD (Check One) PRIME: SUBCONTRACTOR: GETTY Ward 3 QUENTIN FEDERAL ID#: HART Ward 4 RON PROJECT NAME: WELPER Ward 5 BOB DESCRIPTION OF WORK: GREENWOOD At-Large ❑ Brickwork ❑ Landscaping STEVEN SCHMITT ❑ Carpentry ❑ Painting At-Large ❑ Concrete ❑ Paving ❑ Drywall-Plaster-Insulation ❑ Plumbing ❑ Electrical ❑ Roofing-Siding-Sheet Metal ❑ Excavation/Grading ❑ Windows ❑ Flooring ❑ Wrecking-Demolition ❑ Heavy Construction ❑ Other (Please Specify) ❑ Heating-Ventilating-Air Cond. ❑ WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer "` STE-1 MidPortBlvd Phase II 60189781.13 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, and as Surety are held and firmly bound unto the CITY OF WATERLOO , Iowa, hereinafter called "OWNER," in the penal sum Dollars ($ ) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated the day of , 2011, for • NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided in the specifications or by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid or execute such contract; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of them as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers this day of , A.D. 2011. (Seal) Principal By (Title) (Seal) Witness Surety By Witness Attorney-in-fact BB-1 MidPortBlvd Phase II 60189781.13 NON-COLLUSION AFFIDAVIT OF PRIME BIDDER State of )ss County of , being first duly sworn, deposes and says that: 1. He is (Owner, Partner, Officer, Representative, or Agent) , of , the Bidder that has submitted the attached Bid; 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) -. Title Subscribed and sworn to before me this day of , 2011. Title My commission expires NCA-1 MidPortBlvd Phase II 60189781.13 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 , 2011. Title — My commission expires NCA-2 MidPortBlvd Phase II 60189781.13 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 -i 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 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. EOC-1 MidPortBlvd Phase II 60189781.13 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) EOC-2 MidPortBlvd Phase II 60189781.13 RECIPROCAL RESIDENT BIDDER PREFERENCE In response to Illinois' law concerning resident preference and in accordance with Section 73A.21 of the Iowa Code, all non-federal-aid public improvement projects, which include road construction, shall be performed by a qualified resident bidder. The resident bidder has been further defined as follows: 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. As noted, this definition gives a preference as to whom the contractors or subcontractors can employ. The contractor shall provide the City with a certification that he is a qualified resident bidder according to the above definition. The Certification shall be submitted with the contractor's bid. A copy of the form of "Resident Bidder Certification" is included in the Contract Documents. If it is determined that the contractor does not meet this qualification after he begins work, a shutdown notice shall be issued and the `- voiding of the contract shall begin unless the contractor becomes qualified. DJG/cs --- 01/13/97 flmat RR-1 MidPortBlvd Phase II 60189781.13 RESIDENT BIDDER CERTIFICATION CONTRACT NO: PROJECT NAME: — DATE OF LETTING: 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 RR-2 MidPortBlvd Phase II 60189781.13 Revised February 2003 CONTRACTOR'S OR SUBCONTRACTOR'S AFFIRMATIVE ACTION PROGRAM Check box that applies to party completing program: ( ) General Contractor ( ) Subcontractor 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 / Section B to be completed by SUBCONTRACTORS only: B. Name of General or Prime Contractor Name of Subcontractor Subcontractor's Address Zip Subcontractor's Telephone Number ( Subcontractor's Federal ID Number(if no Federal ID Number Owner/President's Social Security Number) Name of Equal Employment Officer - 1 - C. Remainder of program to be completed by party completing program, either Prime or Subcontractor. 1. The Owners and/or Principals of your company: Ethnic Name Address Position Sex Origin 2. Other Areas of Interest: If your company has branches or subsidiaries, or if your company is a branch or subsidiary of a parent organization, give the following information: Type of Name Address Affiliation Degree II. EMPLOYER'S POLICY(Please read carefully.) A. We, the undersigned, recognize that we are morally and legally committed to nondiscrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap. B. The employment policies and practices of the undersigned are to recruit and hire employees without discrimination, and to treat them equally with respect to compensation and opportunities for advancement, including training, upgrading, promotion, and transfer. However, we realize the inequities associated with employment training, upgrading, — contracting and subcontracting for minorities and women and we will direct our efforts to correcting any deficiencies to the maximum extent possible. The same will be required of our SUBCONTRACTORS and suppliers. C. We submit this program to assure compliance with Executive Order 11246, as amended, and other subsequent orders that may pertain to equal employment opportunity and merit employment policies, fully realizing that our qualification and/or merit system should be evaluated and revised, if necessary. D. We agree to put forth the maximum effort to achieve full employment and utilization of capabilities and productivity of all our citizens without regard to race, creed, color, sex, — national origin, economic status, age, and mental or physical handicap. E. will give training (Name of Company)and employment opportunities to local residents of Waterloo, Iowa, to the greatest extent feasible. -2- III. AFFIRMATIVE ACTION A. recognizes that the (Name of Company) effective application of a policy of merit employment involves more than just a policy statement, and (Name of Company) will, therefore, re-evaluate our Affirmative Action Program to ensure that equal employment opportunities are available on the basis of individual merit, and to actively encourage minorities, women and local residents to seek employment with our company on this basis. B. will undertake the (Name of Company) following six(6)steps to improve our Affirmative Action Program: 1. Minority Recruitment and Employment; 2. Local Recruitment and Employment; 3. Disabled Veteran and Vietnam Era Veteran Recruitment and Employment; 4. Handicapped Recruitment and Employment; 5. Female Recruitment and Employment; and 6. Training, Upgrading and Promotional Opportunities. C. will take (Name of Company) whatever steps are necessary to ensure that our total work force has adequate minority, female, and local representation. We will utilize the following methods in our recruitment attempts: 1. Local advertising media (newspapers, radio, TV); 2. Community organizations (churches, clubs, schools); 3. Public and private institutions in the area (UNI, Hawkeye Community College); 4. Job Service of Iowa; and —� 5. Other. D. will seek qualified minority, (Name of Company) female, and local group applicants for all job categories and will make asserted efforts to increase minority, female and group representation in occupations at the higher levels or skill and responsibility. E. All sources of employment used shall be aware that we are an Equal Employment Opportunity Employer. Labor organizations representing our employees will be notified of our Equal Employment Opportunity Policy and Affirmative Action Program. F. Training, upgrading, promotion and transfer activities at all levels will be monitored to ensure that full consideration has been given to qualified minority, female, and local group employees. G. will encourage other (Name of Company) companies with whom we are associated and/or do business, to do the same and we will assist them in their efforts. -3- H. has taken the following (Name of Company) Affirmative Action to ensure that minority, female, local contractors and/or suppliers were provided opportunities to negotiate and/or bid on this project: (if none, write"NONE") 1. 2. As a result of the above efforts, we have involved minority, female, and local contractors and/or suppliers in the following areas of subcontracting: (if none, write "NONE") 1. 2. J. will require approved (Name of Company) Affirmative Action Programs from all nonexempt contractors who propose to work on this project and will take whatever steps are necessary to ensure that non-minority contractors have adequate representation of minority, female and local persons in their total work force. K. In further accordance with rules and guidelines issued pursuant to Executive Order 11246 as amended, we establish the goals for our company, based on parity percentages _ supplied by the City, and we realize these goals will be reviewed on an annual basis. L. will keep records of (Name of Company) specific actions relative to recruitment, employment, training, upgrading and promotion and will provide the City of Waterloo with any information relative to same, including activities of our SUBCONTRACTORS and suppliers as necessary or when requested. M. Parity figures for companies located in Waterloo are as follows: Minority Parity= .08 (8%) N. Affirmative Action (Name of Company) Employment Goals: The definition of Affirmative Action Goals is as follows: "Goals may not be rigid and inflexible quotas which must be met, but must be targets, reasonably attainable by means ... of applying every good faith effort to make all aspects of the entire Affirmative Action Program work." For the year 200_, 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: ok Goals for Women: ok *your affirmative action goals should be between 1% and 10% or more for minorities and ^ 1% and 5% or more for women. -4- CONTRACTOR'S TOTAL WORK FORCE (WATERLOO) HOURLY NAME AND ADDRESS JOB CATEGORY RACE SEX WAGE INDICATE: DISABLED VETERAN: DV VIETNAM ERA VETERAN: W HANDICAPPED: H -6- We hereby certify that we are in compliance with all City and Federal Affirmative Action -- Regulations and agree to accept all liability for failure to comply. Respectfully submitted, By: Company Executive Date By: Equal Employment Opportunity Officer Date City of Waterloo Affirmative Action Officer Approved Disapproved Reason: By: Date: -7- DESCRIPTION OF JOB CATEGORIES . 1. Officials/Manager: Occupations in which employees set broad policies, exercise overall responsibility for execution of all policies, or direct individual departments or special phases of the agency's operations or provide specialized consultation on a regional, district or area basis. Includes: department heads, bureau chiefs, division chiefs, directors, deputy directors, controllers, examiners, wardens, superintendents, unit supervisors, sheriffs, police and fire chiefs — and inspectors and kindred workers. 2. Professionals: Occupations which require specialized and theoretical knowledge which is usually required through college training or thorough work experience and other training which provides comparable knowledge. Includes: personnel and labor relations workers, social workers, doctors, psychologists, registered nurses, economists, dietitians, lawyers, system analysts, accountants, engineers, employment and vocational rehabilitation counselors, teachers or instructors, police and fire captains and lieutenants and kindred workers. 3. Technicians: Occupations which require a combination of basic scientific or technical knowledge _ and manual skill which can be obtained through specialized post-secondary school education and through equivalent on-the-job training. Includes: computer programmers and operations, draftsmen, surveyors, licensed practical nurses, photographs, radio operators, technical illustrators, police and fire sergeants and kindred workers. 4. Office/Clerical: Workers are responsible for internal and external communication, recording and retrieval of data and/or information and other paper work required in an office. Includes: _ bookkeepers, messengers, office machine operators, clerk-typists, stenographers, court transcribers, hearing reporters, statistical clerks, dispatchers, license distributors, payroll clerks and kindred workers. 5. Skilled Craft Workers: Workers perform jobs which require special manual skill and a thorough and comprehensive knowledge of the processes involved in the work which is acquired through on-the-job training programs. Includes: Mechanics and repairman, electricians, heavy equipment operators, stationary engineers, skilled machine occupations, carpenters, compositors and typesetters and kindred workers. 6. Sales Workers: Occupations engaging wholly and primarily in direct selling. Includes: advertising agents and salesman, insurance agents and brokers, real estate agents and brokers, stock and bond salesmen, demonstrators, salesmen and sales clerks, grocery clerks and cashier checkers, and kindred workers. 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- 8. Laborers (unskilled): Workers in manual occupations which generally require no special training. Perform elementary duties that may be learned in few days and require the application of little or no independent judgment. Includes: garage laborers, car washers and greasers, gardeners (except farm) and groundskeepers, longshoremen, and stevedores, lumbermen, raftsmen and woodchoppers, laborers performing 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. White Collar. . . persons engaged in formal training for clerical, managerial, professional, �. technical, sales, office and clerical occupations. -9- Exhibit E CONTRACT PROVISION Targeted Small Business (TSB) w Affirmative Action Responsibilities on Non-Federal Aid Projects(Third-Party State-Assisted Projects) 1 April 2010 April 2010 CONTRACT PROVISION Targeted Small Business(TSB)Affirmative Action Responsibilities .r- 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: 515-281-7102 Website: htto://dia.iowa.gov/page7.html 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. 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(515-281-7102)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. Page 1 TSB Affirmative Action Responsibilities 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, 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. Page 2 TSB Affirmative Action Responsibilities 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. 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. romr Page 3 5 § S _ > Cu \ 5 cn \ / 2 & E � m E/ .6 \ I- .- E co E m % 0 \ \ @ // as c . o / jCO _ \ k = R/ 00 4 ± $ g c a = / E \ 0 _ a) t J \ $ e uo 0 I- a I &@\ Q E 0 O \ o we m \ £ � � � \ 0 / CO O [ o u o 0 0 _2 7 o 7 c R u 0 e 2 . / < ) / / • E CO / \ ° 0 t % # k0 / \ / ƒ \ 0 $ 0 \ k \ —I $ f m ca 0 $ U) , o 20 § \ 77 \ §i I E 11.1 n < 7 % « E t p \ e e o o Q 1 S2 2 � `n -a kk @ < 1111 i \ 7 / U 2 CC / Z « oO U � � / 0 < O0k ° k Z /meal � \ / ® % � � 1 ƒ a [ R= � § � ± c £ 1 2 /\ q \ ° CO ® o e \ g CO ® 111111 . o m \ / k k - \ \ o = = E o m o >a#/ E q G ° 2 -0° § g ° yo CO :in = t ct 2 =. e o > o $ = t i // / \ f ka —. = G e § a $ 0 2 f I \ = - 2c C ± 2 0 Cu Cuf / — s — 0o 2 ( £ £ E % d ug ce — t 0 ƒ± o k co �2 E = f ® ® t ) D £ o 4 3 \ 13 E AE c \ °c r / o ° a)a ° . co Ec _� \ o � 2 / / � k 7 = e ® « 2 © — tE o � / a / § t \ > 7k - 0 \ 1 0 I 0 0 .E 2 .E a 2 a April 2010 .� UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ENTERPRISES ON NON-FEDERAL AID PROJECTS (THIRD-PARTY STATE-ASSISTED PROJECTS) In accordance with Iowa Code Section 19B.7 and 541 Iowa Administrative Code(IAC)Chapter 4, it is the policy of the Iowa Department of Transportation(Iowa DOT)that Targeted Small Business(TSB)enterprises shall have the maximum practicable opportunity to participate in the performance of contracts financed in whole or part with State funds. Under this policy the Recipient shall be responsible to make a positive effort to solicit bids or proposals from TSB firms and to utilize TSB firms as contractors or consultants. The Recipient shall also ensure that the contractors or consultants — make positive efforts to utilize TSB firms as subcontractors, subconsultants, suppliers,or participants in the work covered by this agreement. The Recipient's"positive efforts"shall include, but not be limited to: 1. Obtaining the names of qualified TSB firms from the Iowa Department of Inspections and Appeals(515-281-7102) or from its website at: http://dia.iowa.gov/page7.html. 2. Notifying qualified TSB firms of proposed projects involving State funding. Notification should be made in sufficient time to allow the TSB firms to participate effectively in the bidding or request for proposal(RFP) process. 3. Soliciting bids or proposals from qualified TSB firms on each project, and identifying for TSB firms the availability of subcontract work. 4. Considering establishment of a percentage goal for TSB participation in each contract that is a part of this project and for which State funds will be used. Contract goals may vary depending on the type of project,the subcontracting opportunities available, the type of service or supplies needed for the project, and the availability of qualified TSB firms in the area. 5. For construction contracts: a) Including in the bid proposals a contract provision titled "TSB Affirmative Action Responsibilities on Non- Federal Aid Projects (Third-Party State-Assisted Projects)"or a similar document developed by the Recipient. This contract provision is available on-line at: http://www.dot.state.ia.us/local_systems/publications/tsb_contract_provision.pdf b) Ensuring that the awarded contractor has and shall follow the contract provisions. 6. For consultant contracts: a) Identifying the TSB goal in the Request for Proposal (RFP), if one has been set. b) Ensuring that the selected consultant made a positive effort to meet the established TSB goal, if any. This should include obtaining documentation from the consultant that includes a list of TSB firms contacted; a list of TSB firms that responded with a subcontract proposal; and, if the consultant does not propose to use a TSB firm that submitted a subcontract proposal, an explanation why such a TSB firm will not be used. The Recipient shall provide the Iowa DOT the following documentation: 1. Copies of correspondence and replies, and written notes of personal and/or telephone contacts with any TSB firms. Such documentation can be used to demonstrate the Recipient's positive efforts and it should be placed in the general project file. 2. Bidding proposals or RFPs noting established TSB goals, if any. 3. The attached "Checklist and Certification." This form shall be filled out upon completion of each project and forwarded to: Iowa Department of Transportation, EEO Administrator, Office of Contracts, 800 Lincoln Way, Ames, IA 50010. Page 5 April 2010 CHECKLIST AND CERTIFICATION For the Utilization of Targeted Small Businesses(TSB) On Non-Federal-aid Projects(Third-Party State-Assisted Projects) Recipient: Project Number: County: Agreement Number: 1. Were the names of qualified TSB firms obtained from the Iowa Department of Inspections and Appeals? ❑YES❑ NO If no, explain 2. Were qualified TSB firms notified of project? 0 YES ❑NO If yes, by ❑letter, ❑telephone, ❑ personal contact, or ❑other(specify) If no, explain 3. Were bids or proposals solicited from qualified TSB firms? ❑YES ❑ NO If no, explain 4. Was a goal or percentage established for TSB participation? ❑YES ❑ NO If yes, what was the goal or percentage? If no, explain why not: 5. Did the prime contractor or consultant use positive efforts to utilize TSB firms on subcontracts? ❑YES ❑ NO If no, what action was taken by Recipient? Is documentation in files? ❑YES ❑ NO 6. What was the dollar amount reimbursed to the Recipient -- from the Iowa Department of Transportation? $ What was the final project cost? $ What was the dollar amount performed by TSB firms? $ --' Name(s)and address(es)of the TSB firm(s) (Use additional sheets if necessary) Was the goal or percentage achieved? ❑YES ❑ NO If no, explain As the duly authorized representative of the Recipient, I hereby certify that the Recipient used positive efforts to utilize TSB firms as participants in the State-assisted contracts associated with this project. Title Signature Page 6 ITEMS OF POTENTIAL MBE/WBE PARTICIPATION NOTICE TO PROSPECTIVE BIDDERS: The following are items from the F.Y. 2011 MIDPORT BOULEVARD EXTENSION PHASE II, CITY CONTRACT NO. 802, project that have a potential for MBE/WBE Participation. This listing, however, is not intended to be all encompassing; to preclude MBE/WBE Contractors from bidding on any items of the Proposal as a Subcontractor or the entire Proposal as a Prime Contractor. BID EST.QTY./ ITEM DESCRIPTION UNIT 15 Aprons, Concrete, 15-In. Dia. 1.0 Each 16 Aprons, Concrete,24-In. Dia. 2.0 Each 17 Aprons, Concrete Arch,44-In.x 27-In. 1.0 Each 18 Culvert, Concrete Roadway Pipe, 24-In. Dia. 162.0 LF 19 Culvert, Unclassified Entrance Pipe,24-In. Dia. 32.0 LF _ 20 Subdrain, Longitudinal(Shoulder)4-In. Dia. 858.2 LF 21 Subdrain Outlet(RF-19C) 6.0 Each 22 Intake, SW-508 1.0 Each 23 Intake, SW-510 2.0 Each 24 Manhole Adjustment, Minor 1.0 Each 25 Storm Sewer Gravity Main,Trenched, Reinforced Concrete Pipe(RCP), 64.0 LF 2000D(Class III), 15-In. ._ 26 Storm Sewer Gravity Main,Trenched, Reinforced Concrete Pipe(RCP), 52.0 LF 2000D(Class III), 18-In. 27 Storm Sewer Gravity Main,Trenched, Reinforced Concrete Pipe(RCP), 433.4 LF 2000D(Class III),30-In. 28 Storm Sewer Gravity Main,Trenched, Reinforced Concrete Arch Pipe 57.0 LF (RCAP),2000D(Class III),44-In.x 27-In. 45 Seeding and Fertilizing(Urban) 1.96 Acre 46 Stabilizing Crop-Seeding and Fertilizing 1.96 Acre 47 Silt Fence 1,194.0 LF 48 Removal of Silt Fence 1,194.0 LF 49 Clean-Out of Silt Fence 1,194.0 LF 50 Silt Wattles 113.0 LF 51 Removal of Silt Wattles 113.0 LF MBE/WBE GOALS FOR THIS PROJECT -" IMPORTANT: Prime Contract Bidders should be aware that ten percent(10%) MBE goal and two percent(2%)WBE goal is attached to this project. "Certified Return Receipt" letters are no longer needed with the bid showing proof of contacting MBE or WBE Subcontractors, but the Pre-Bid Contact Information Form must be filled out completely. City of Waterloo Contract Compliance Officer: Contract Compliance Officer Community Development Board Carnegie Annex, Suite 202 620 Mulberry Street Waterloo, Iowa 50703 Phone: (319)291-4429 M-1 MidPortBlvd Phase II 60189781.13 SUBCONTRACTOR'S BID REQUEST FORM PRIME BIDDER'S LETTERHEAD Contract No.: Letting Date: I, (subcontractor's name), hereby attest that I have been solicited for a bid on (project name) in the area of(description of work and bid item no.). (Prime contractor) has informed me that if I am interested in bidding, a subcontracting bid proposal must _ be submitted to the company office by(date)and (time). Subcontractor's Company Name Date Subcontractor's Signature Date Prime Bidder's Signature M-2 MidPortBlvd Phase II 60189781.13 LETTER TO BE USED WHEN SOLICITING FOR SUBCONTRACTOR QUOTES Subcontractor Company Name Address RE: Contract No.: Dear • (Prime Contractor's Company Name) is presently soliciting for the following work in connection with the above referenced project. (Insert bid Item Nos. and Description of Work) (Prime Contractor's Company Name) is an Equal Opportunity Employer, and all qualified bidders will not be discriminated against due to race, religion, color, sex, or origin. If interested in bidding your proposal must be turned in to this office by and (Date) (Time) Sincerely, (Prime Contractor's Representative) Form CCO- 3(11/28/2001) M-3 MidPortBlvd Phase II 60189781.13 LETTER OF INTENT TO BID (MBE/WBE LETTER) According to the Current MBE/WBE Contract Compliance Program - 2002, all MBE/WBE Contractors interested in submitting subcontractor quotes on construction projects with goals, MUST submit a LETTER OF INTENT TO BID to the City of Waterloo Contract Compliance Officer at least seven (7) days prior to bid opening. The LETTER OF INTENT TO BID must list the specific items which the MBE/WBE Contractor is interested in bidding. Letter should include the following: Name of Project: Your Company Name: Address: Phone: Date: List of Specific items to be bid: Item No. Description: Item No. Description: Item No. Description: ._ Item No. Description: Item No. Description: (Subcontractor's Company Name and authorized signature) Return this LETTER OF INTENT TO BID to: Contract Compliance Officer Community Development Board 620 Mulberry St. Carnegie Annex, Suite 202 Waterloo, IA 50703 Phone: (319)291-4429 '— Form CCO-5 (06-20-2002) M-4 MidPortBlvd Phase II 60189781.13 CD - 0 O O C y W W U U >T. m co m m 0 C m "D -O 'O N U 0 .L. : _ to E 2 N N U m o O LY > C C O — a) a1 7 o L o >, -° m E C U U O 2 Q E 2 0 CT 07 u U O .Q 2 W p > U _Q L m a) _ U U -O m co D) C U _c L Z O m c- "C C ' m O C O m U LU U) U U -O 4) CM C m a) -3 Q m -0 -. yt,,, U a) rn � L-, U 7 — O 0 3 _O 3 0150 .0 O W O v- -° O Q m U 0 to Z45 _ °C — N 'E Q O EO o a7 co - 2 u) co . 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Z N o. 0 co can can >- W "- cn E CERTIFIED MBE / WBE CONTRACTORS CITY OF WATERLOO, IOWA _dms Att te�lOO �fl -- CONTRACT COMPLIANCE OFFICE Community Development Board Carnegie Annex, Suite 202 620 Mulberry Street Waterloo,Iowa 50703 City WEB Site: www.ci.waterloo.ia.us Contract Compliance WEB Site for listing updates: http://www.wplwloo.lib.ia.us/contractcompliance/ Contact: Louis Starks, Contracts and Grants Coordinator Email: louis.starks(cm,waterloo-ia.org Phone: (319) 291-4429 Fax: (319) 291-4431 MBE/WBE Certified Contractors List Page 1 of 5 CERTIFIED MBE CONTRACTORS CARTER ELECTRIC - 725 Adams Street Waterloo, IA 50703 Phone: (319) 232-9808 Pager: (319) 235-4021 Contact: Derrick Carter Specializing in: — ELECTRICAL CONTRACTOR CULPEPPER ELECTRIC 1731 Cottage Grove Avenue Waterloo, IA 50707 Phone: (319) 235-0885 Fax: (319) 236-8177 Contact: Martin Culpepper Certified: City of Waterloo Certified MBE, Licensed Electrician Specializing in: ELECTRICAL CONTRACTOR DANIELS HOME IMPROVEMENT 339 Albany Street Waterloo, IA 50703 Phone: (319) 961-1659 Contact: Sammy Daniels Specializing in: ALL TYPES OF CONCRETE FLATWORK, POURED WALLS—ALL TYPES, FOOTINGS, LIGHT DEMOLITION CERTIFIED MBE CONTRACTORS D.C. CORPORATION 426 Beech Street Waterloo, IA 50703 Phone: (319) 236-9075 FAX: (319) 236-0515 Contact: Terry Phillips MBE/WBE Certified Contractors List Page 2 of 5 — Certified: City of Waterloo Certified MBE, Iowa DOT, TSB Certified Specializing in: COMMERCIAL AND RESIDENTIAL DEMOLITION, CONCRETE PAVING, DRIVEWAYS, TRUCKING (ALL TYPES), GENERAL CONSTRUCTION GREER'S WORKS 2003 Plainview Street Waterloo, IA 50703 Phone: (319) 233-4701 Contact: Willie Greer -� Specializing in: DRIVEWAYS, SIDEWALKS, CARPENTRY, ROOFING, GENERAL CONSTRUCTION LOVE'S ENTERPRISE 835 West Fifth St. P.O. Box 246 Waterloo, IA 50704 Phone: (319)233-3260 Contact: David Love Certified: Iowa DOT, City of Waterloo Certified MBE Specializing in: CONCRETE PAVING, ASPHALT, DRIVEWAYS, SIDEWALKS, TRUCKING OLD GREER'S WORKS 2309 Springview Street Waterloo, IA 50707 Phone: (319)233-2150 Contact: David L. Greer, Sr. Specializing in: GENERAL CONSTRUCTION PAULINE COMPANY, INC. 139 Clark Street P. O. Box 1623 Waterloo, IA 50703 Phone: (319) 236-2345 FAX: (319) 236-1568 -61 MBE/WBE Certified Contractors List Page 3 o f 5 email: DJToay@aol.com Certified: Targeted Small Business, Iowa DOT, City of Waterloo Certified MBE Contact: W.C. Stokes, Owner Specializing in: EROSION CONTROL, TRUCKING, GUARDRAIL, CLEARING AND GRUBBING CONCRETE PAVING, ASPHALT, CURB AND GUTTER, DRIVEWAYS, SIDEWALKS, MASONRY WORK, ROOFING, CD BASKETS, ROADWAY PIPE, TILE LOCATING, ,.. REVETMENT, SHOULDERS, FIELD FENCE, GENERAL CONSTRUCTION WORK QUICK CONSTRUCTION 217 Bates Street Waterloo, IA 50703 Phone: (319) 215-4166 Contact: Leroy Harrington Specializing in: ALL TYPES OF CONCRETE FLATWORK AND GENERAL CONSTRUCTION CHARLIE SCHAUF TRUCKING 627 Adams Street Waterloo, IA 50703 Phone: (319) 232-4717 Contact: Charles Schauf Specializing in: TRUCKING CERTIFIED WBE CONTRACTORS ATLAS PAINTING, INC.* 911 Sycamore Street P.O. BOX 65 Waterloo, IA 50704 Phone: (319) 232-9164 Specializing in: COMMERCIAL AND INDUSTRIAL PAINTING MBE/WBE Certified Contractors List Page 4 of 5 1.. PETERMAN & HAES CARPET ONE* 4003 University Avenue Waterloo, IA 50701 Phone : (319) 233-6131 FAX: (319) 233-6133 email: JR11486@cfu.net ..., Certified: City of Waterloo WBE Contact : Carol Reese Specializing in: --� FLOOR COVERING WATCO CONSTRUCTION, INC.* 2920 Texas Street Waterloo, IA 50702 Phone : (319)233-7481 Certified: City of Waterloo WBE Contact : Patricia J. Kimball Specializing in: STORM SEWER, INLETS, DRAIN TILE, WATER MAIN, SANITARY SEWER, INTAKE STRUCTURES * DENOTES WOMEN BUSINESS ENTERPRISE MBE/WBE Certified Contractors List Page 5 of 5 STATEMENT OF BIDDER'S QUALIFICATIONS (To be submitted by the Bidder only upon the specific request of the City of Waterloo, Iowa.) All questions must be answered and the date given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of bidder. 2. Permanent main office address. 3. When organized. — 4. If a corporation, when incorporated. 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.) 7. General character of work performed by your company. 8. Have you ever failed to complete any work awarded to you? If so, where and why? 9. Have you ever defaulted on a contract? If so, where and why? — 10. List the more important projects recently completed by your company, stating the approximate cost for each, and 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 information that may be required by the City of Waterloo, Iowa? SQ-1 MidPortBlvd Phase II 60189781.13 17. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any ` information requested by the City of Waterloo, Iowa, in verification of the recitals comprising this Statement of Bidder's Qualifications. Dated at this day of , 2011. (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 , 2011. Notary Public My commission expires SQ-2 MidPortBlvd Phase II 60189781.13 GENERAL SPECIAL PROVISIONS 1. SCOPE OF WORK The work covered by this contract consists of furnishing all labor, equipment, and materials and performing all operations, in connection with the F.Y. 2011 MIDPORT BOULEVARD EXTENSION PHASE II, CITY CONTRACT NO. 802, as shown on the contract drawings and in accordance with these specifications. The contract drawings, which accompany and form a part of this contract and specifications, are dated April 2011 . They have the general title of F.Y. 2011 MIDPORT BOULEVARD EXTENSION PHASE II, CITY CONTRACT NO. 802. The drawings are numbered and separately entitled as follows: SHEET NO. DESCRIPTION A.01 Title Sheet and Plan Certifications A.02 Legend B.01-B.02 Typical Sections, Standard Details C.01-C.04 Estimate of Quantities, Estimate Reference Information, Standard Notes, Tabulations and Removals C.05-C.06 Pollution Prevention Plan and Erosion Control D.01-D.02 Midport Boulevard Plan and Profile E.01 Airline Highway Plan and Profile G.01-G.02 Reference Ties, Benchmarks, and Geometric Data J.01 Traffic Control and Pavement Marking Plan L.01-L.02 Intersection Details M.01-M.02 Storm Sewer Plan and Profile T.01 Earthwork Tabulations W.01-W.08 Midport Boulevard Cross Sections X.01-X.02 Airline Highway Cross Sections The Iowa Department of Transportation English Standard Specifications for Highway and Bridge Construction, Series 2009 (as referenced) are to be used along with the special provisions and General Specifications for Construction described herein and shall be considered as part of the contract documents. 2. CONFLICTING SPECIFICATIONS All requirements of other specifications contained in the contract documents which conflict with the provisions of the special provisions will be considered void. 3. DUMPING AREAS Excess material resulting from construction operations shall be hauled to the County Landfill or other area secured by the Contractor and approved by the City Engineer. Rubble, rubbish, trees, brush, and other unsuitable backfill material, as designated by the City Engineer, shall be hauled to the County Landfill. All Landfill charges are to be considered incidental to the contract and are _ the responsibility of the Contractor. GSP-1 MidPortBlvd Phase II 60189781.13 4. CONSTRUCTION DAMAGE The Contractor shall exercise care during construction operations to ensure the safety and protection to existing features located near or within the limits of construction. Damage caused by negligence or poor workmanship, as determined by the Engineer, shall be considered the Contractor's responsibility. 5. REMOVED MATERIALS All materials removed, as part of this Contract shall remain the property of the City unless the City determines that the materials are not salvageable and the City does not want to retain ownership _ of the materials. Materials designated in the field by the Engineer as non-salvageable shall be hauled and disposed of by the Contractor at no cost to the City. All other materials shall be transported to locations as directed by the Engineer. No separate measurement or payment will be made for hauling or disposing of removed materials and it shall be considered incidental to applicable items. 6. MAILBOXES The Contractor shall notify the United States Postal Department of mailboxes that interfere with any part of the work before removing them, and the Contractor will relocate them as required by the Postmaster. The removal and replacement of mailboxes will not be considered for direct payment, but will be considered incidental to the item to which it applies. 7. 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. 8. BREAKDOWN OF LUMP SUM CONTRACT PRICE ITEMS The Contractor shall, immediately upon execution and delivery of the contract, before the first estimate for payment is made, deliver to the City Engineer a detailed estimate giving a complete breakdown of the lump sum contract prices. The submitted breakdown shall be approved by the City Engineer prior to any payment of any lump sum price item. 9. PERMISSION TO HAUL OVER STREETS, RAILROADS AND HIGHWAYS The Contractor will be required to secure, from the proper authorities, permission or permit which may be required to haul over streets, highways, railroads or private property, and any hauling operations of the Contractor shall be subject to the requirements of such permits, permission, and to all applicable regulations, laws, and ordinances governing hauling and movement of equipment over streets, railroads, highways and private property. Any costs or inconvenience caused by obtaining any necessary permits or permission shall be considered completely covered by the price bid for the items in the proposal. 10. CONSTRUCTION SCHEDULING The City Engineer shall approve Contractor's work schedule prior to starting. All revisions shall also be approved. The City Engineer may change the schedule to accommodate changing construction conditions. GSP-2 MidPortBlvd Phase II 60189781.13 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. 11. PRE-CONSTRUCTION CONFERENCE Before any work is started, the Contractor shall arrange with the City Engineer to hold a pre- construction conference to discuss problems and schedules of contracts. 12. 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. 13. TRAFFIC SIGNS AND STREET SIGNS The Contractor shall contact the City of Waterloo Traffic Operations Department to have any street sign that will be affected by construction removed and replaced when the work has been completed. 14„ TRAFFIC CONTROL DURING CONSTRUCTION The Contractor shall 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 ensure the safety of the public as well as those engaged on the work. The Engineer shall review all barricading plans. The Contractor shall determine, provide and obtain approval from the City Engineer on all detour locations for all street closings, barricades and posting prior to construction. These shall meet requirements of the City Police Traffic Department. The Contractor shall notify the City Engineer's Office and the Police, Fire and Street Departments when the street is closed for construction. All barricading shall be in accordance with the latest edition of the "Iowa Manual on Uniform Traffic Control Devices for Street and Highways." Encapsulated lens sheeting is not required on this project. GSP-3 MidPortBlvd Phase II 60189781.13 15. GRADES, LINES, LEVELS AND SURVEYS All necessary grades, lines, levels and surveys shall be established by AECOM and maintained by the Contractor. The Contractor shall verify all grades, lines, levels and dimensions as sown on the drawings, and he shall report any errors or inconsistencies in the same to AECOM before commencing work. 16. 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. 17. 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. Work on Sunday requires prior approval of the Engineer in accordance with the Waterloo Standard Specifications. The Contractor shall not work the following days in 2011 due to City holidays: May 30; July 4; September 5; November 11, 24 and 25; December 23 and 26. GSP-4 MidPortBlvd Phase II 60189781.13 SPECIAL PROVISIONS 1. TRAFFIC CONTROL-- IMPROPER MAINTENANCE The Engineer, or authorized representative, shall periodically review traffic control that has been put in place by the Contractor. If traffic control devices are found to be without proper maintenance, penalties shall be assessed. Improper maintenance shall include, but not be limited to, the following situations: A. Less than 100 percent of lights in working order. _ B. Any barricade or sign moved or tipped over. C. Fencing not supported in a vertical position. D. Fencing not placed around excavations when workers/equipment is not working at the location. E. Lack of proper barricades or signage. Each incident is treated as a separate citation on an individual basis. It is not intended that minor deficiencies be price adjusted if corrected the day notification is given. In addition to a price adjustment, the Engineer may suspend work for irresponsible and/or repeated failure to construct the project using proper traffic control procedures. Penalties: 1st Offense Written warning given by City. 2nd Offense $ 100 3rd Offense $ 250 4th Offense $ 500 5th Offense $1,000 6th Offense Engineer's discretion (amount or more equal or greater than $1,000) 2. LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the specified contract period, plus authorized extensions, the Contractor shall pay to the City Liquidated Damages in the amount of$500.00 per day, for each day, as further described herein, in excess of the authorized time. Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that the Contractor does, or could have worked from Monday through Saturday. Sundays will be counted only if work is performed. Partial working days will be considered as a full working day. Days not chargeable for Liquidated Damages will include rain days, Sundays if no work is done, and legal holidays. Working days will cease to be charged when only punch list items remain to be completed. Punch list item 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. SP-1 MidPortBlvd Phase II 60189781.13 3. HAUL ROUTES Haul routes to and from the project site shall be submitted for review by the Engineer. In general, the Contractor shall request haul routes over the main streets in the area, staying on streets within _ the project as much as possible and should not include truck-embargoed streets. 4. STANDARD SPECIFICATIONS The Standard Specifications, which are referenced in the contract documents, are designated as follows: IDOT STANDARD SPECIFICATIONS - "Standard Specifications for Highway and Bridge Construction, Iowa Department of Transportation, Ames, Iowa, Series 2009" (unless otherwise noted)and current revisions thereof. WATERLOO STANDARD SPECIFICATIONS - "Standard Specifications for Municipal Public Works Construction, City of Waterloo, Iowa." 5. PERCENT OF CONTRACT TO BE PERFORMED BY CONTRACTOR A. The prime contractor shall be required to perform at least 35 percent of the total contract amount of the project. 6. SPECIAL PROVISIONS Standard Specifications are amended by the following additions. These are Special Provisions and shall prevail over those published in the Standard Specifications Section 01316 Engineer's Status During Construction 01316-1 - 5 Section 100 Clearing and Grubbing 100-1 Section 101 Earthwork 101-1 -2 Section 102 Granular Materials 102-1 Section 103 Pavement 103-1 2 Section 104 Culverts 104-1 Section 105 Subdrain 105-1 Section 106 Storm Sewer 106-1 — Section 107 Erosion Protection 107-1 Section 108 Road Closures 108-1 Section 109 Field Office 109-1 Section 110 Signing 111-1 Section 111 Pavement Markings 112-1 Section 112 Traffic Control 113-1 Section 113 Mobilization 114-1 Section 114 Relocate Fire Hydrant 115-1 Section 115 Seeding 116-1 Section 116 Erosion Control 117-1 SP-2 MidPortBlvd Phase II 60189781.13 7. QUANTITY ADJUSTMENTS The following Bid Items are exempted from consideration under the provisions of Section B. "Scope of Work," paragraph 7 of the "General Specifications for Construction" concerning the variance of the "As-Built" quantity of the listed item by more than twenty (20%) percent from the estimated quantity specified in the contract. BID ITEM DESCRIPTION EST. QTY. 29 Engineering Fabric 37.8 SY 30 Erosion Stone 20.0 Ton 47 Silt Fence 1,194.0 LF 48 Removal of Silt Fence 1,194.0 LF 49 Clean-Out of Silt Fence 1,194.0 LF 50 Silt Wattles 113.0 LF 51 Removal of Silt Wattles 113.0 LF *** END OF SECTION *** SP-3 MidPortBlvd Phase II 60189781.13 SECTION 01316 ENGINEER'S STATUS DURING CONSTRUCTION PART 1 GENERAL 1.01 OWNER'S REPRESENTATIVE A. Project has been designed by AECOM, Inc.who is hereinafter called ENGINEER. and who is to act as OWNER'S representative, assume duties and responsibilities, and have rights and authority assigned to ENGINEER in Contract Documents in connection with completion of Work in accordance with Contract Documents. 1.02 DEFINITIONS A. ENGINEER: 1. As used in Specifications and on Drawings refers to AECOM. 2. As used in other documents is defined in General Specifications. B. OWNER: 1. As used in Specifications and used on Drawings is defined as City of Waterloo. 1.03 VISITS TO SITE A. ENGINEER will make visits to Site at intervals appropriate to various stages o construction as ENGINEER deems necessary in order to observe as experienced and qualified design professional progress that has been made and quality of various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER, for benefit of OWNER,will determine, in general, if Work is proceeding in accordance with Contract Documents. ENGINEER will not be required to make exhaustive or continuous inspections on Site to check quality or quantity of Work. ENGINEER's efforts will be directed toward providing for OWNER — greater degree of confidence that completed Work will conform generally to Contract Documents. On basis of such visits and observations, ENGINEER will keep OWNER informed on progress of Work and will endeavor to guard OWNER against defective Work. E3. ENGINEER will furnish Resident Project Representative(RPR), assistants, and other field staff to assist ENGINEER in observing Work. Through additional observations of CONTRACTOR's Work in progress and field checks of materials and equipment by RPR and assistants, ENGINEER shall endeavor to provide further protection for OWNER against defects and deficiencies in Work. However, ENGINEER shall not, during such visits or result of such observations of CONTRACTOR's work in progress,supervise,direct,or have control over CONTRACTOR's Work nor shall ENGINEER have authority over or responsibility for means, methods, techniques, sequences or procedures selected by CONTRACTOR, for safety precautions or programs incident to CONTRACTOR's performing Work, or responsibility of construction for CONTRACTOR'S failure to perform Work in accordance with Contract Documents. C;. RPR'S duties and responsibilities limited to those of ENGINEER in agreement with OWNER and in Contract Documents, and further limited and described as follows: 1. General: RPR is ENGINEER'S agent at Site,will act as directed by and under supervision of ENGINEER, and will confer with ENGINEER regarding RPR'S actions. RPR'S dealings in matters pertaining to CONTRACTOR's Work in progress shall, in general be with ENGINEER and CONTRACTOR keeping OWNER advised as necessary. RPR'S dealings with "` 01316-1 MidPortBlvd Phase II 60189781.13 Subcontractors through or with full knowledge and approval of CONTRACTOR. RPR shall generally communicate with OWNER with knowledge of and under direction of ENGINEER. — 2. Duties and Responsibilities of RPR Representative: a. Conduct preconstruction conference with OWNER, CONTRACTOR(s), utilities, and — other appropriate parties affected by Project. b. Attend meetings with CONTRACTOR,such as progress meetings,job conferences and other Project related meetings. c. Report to ENGINEER when clarifications and interpretations of Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issue by ENGINEER. d. Review Applications for Payment with CONTRACTOR for compliance with established procedure for their submission and forward with recommendation to ENGINEER. e. Provide direction for assistants and coordinate observation activities. f. Direct visiting inspectors representing public or other agencies having jurisdiction over Project to OWNER or CONTRACTOR as appropriate. -- g. Administer modifications amending, modifying or supplementing Contract Documents as Project proceeds. h. Report to ENGINEER whenever RPR believes that any part of CONTRACTOR's Work — in progress will not produce completed Project that conforms generally to Contract Documents or will prejudice integrity of design concept of completed Project as functioning whole as indicated in Contract Documents, or has been damaged, or does not meet requirements of any inspection, test or approval required to be made; and — advise ENGINEER of that part of Work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. i. Review testing of equipment and systems provided by CONTRACTOR and assess its compliance with Contract Documents. j. Determine final quantities for Work installed which will serve as basis for final payment to CONTRACTOR. k. Coordinate efforts required to prepare record drawings showing those changes during construction process, based on marked-up prints,drawings,and other data furnished by CONTRACTOR to ENGINEER and which ENGINEER considers significant. I. Participate in inspections for substantial and final completion of Project and prepare list of items to be corrected or completed. 3. Duties and Responsibilities of RPR'S Assistant(s): a. Assistant(s) shall function under direction and supervision of RPR. b. Observe Work activities, as directed, and report their observations to RPR. Observed variance in Work activities from intent of Contract Documents will be reported to RPR. — c. Inform RPR when situations develop such that change in Contract Documents would serve to improve Project. d. Gather and maintain information required for pay estimate review by RPR. — e. Perform other duties as directed by RPR. f. Assistant(s)will have limitations on responsibilities and authority. Assistant(s)will: 1) Not be authorized to modify or otherwise change Contract Documents. — 2) Not have authorization necessary to accept any Work on behalf of OWNER. 3) Not be authorized to delete or order any additional Work. 4) Not, through his efforts, relieve CONTRACTOR of CONTRACTOR'S ultimate _ responsibility for quality of Work. 01316-2 MidPortBlvd Phase II 60189781.13 1.04 CLARIFICATIONS AND INTERPRETATIONS .� A. ENGINEER will, with reasonable promptness, render a written clarification or interpretation of requirements of Contract Documents. The ENGINEER'S written decision will be final and binding on OWNER and CONTRACTOR, subject to provisions for making claims. 1.05 AUTHORIZED VARIATIONS IN WORK A ENGINEER may authorize minor variations in Work from requirements of Contract Documents _ which do not involve adjustment in Contract Price or Contract Times and are compatible with design concept of completed project as functioning whole as indicated by Contract Documents. These may be accomplished by Field Order and will be binding on OWNER and also on CONTRACTOR, who shall perform Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on amount or extent, if any,of any adjustment,a claim may be made therefore as provided in Article B.6 of General Specifications. 1.06 REJECTING DEFECTIVE WORK A. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective,or that ENGINEER believes will not produce completed Project that conforms to Contract Documents or that will prejudice integrity of design concept of a completed Project as functioning whole as indicated by Contract Documents. ENGINEER will also have authority to require special inspection or testing of Work whether or not Work is fabricated, installed or completed. 1.1)7 DECISIONS ON REQUIREMENTS OF CONTRACT DOCUMENTS AND ACCEPTABILITY OF WORK A. ENGINEER will be initial interpreter of requirements of Contract Documents and judge of acceptability of Work thereunder. All matters in question and other matters between OWNER and CONTRACTOR arising prior to the date of final payment is due relating to the acceptability of the Work,and interpretation of requirements of Contract Documents pertaining to performance of Work will be referred initially to ENGINEER in writing within 30 days of the event giving rise to the question. 13. Notice: Written notice stating general nature of each such Claim shall be delivered by claimant to ENGINEER and other party to Contract promptly(but in no event later than 30 days) after start of event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of amount or extent of Claim, with supporting data shall be delivered to ENGINEER and other party to Contract within 60 days after start of such event(unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of such claim. Claim for adjustment in Contract Price or Contract Time shall be prepared in accordance with Contract Documents. Each Claim shall be accompanied by claimant's written statement that adjustment claimed is entire adjustment to which claimant is entitled as result of said event. Opposing party shall submit any response to ENGINEER and claimant within 30 days after receipt of claimant's last submittal (unless ENGINEER allows additional time). C. ENGINEER's Action: ENGINEER will review each Claim and, within 30 days after receipt of last submittal of claimants or last submittal of claimant or last submittal of opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part, —• 2. approve the Claim, or 3. notify the parties that the ENGINEER is unable to resolve the Claim if, in the ENGINEER'S sole discretion, it would be in appropriate for the ENGINEER to do so. For the purposes of further dispute resolution of the Claim, such notice shall be deemed a denial. 01316-3 MidPortBlvd Phase II 60189781.13 D. In the event that the ENBGINEER does not take action on a Claim within said 30 days, the Claim shall be deemed denied.E. ENGINEER'S written action under paragraph C above or denial pursuant will be final and binding upon OWNER and CONTRACTOR, unless OWNER and CONTRACTOR invoke the dispute resolution procedure set forth in the Contract Documents. F. When functioning as interpreter and judge under above paragraphs, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with interpretation or decision rendered in good faith in such capacity. A decision by ENGINEER shall be required as a condition precedent to any exercise by OWNER or CONTRACTOR of any rights or remedies either may otherwise have under Contract Documents or by Laws or Regulations in respect to such claims. 1.08 SHOP DRAWINGS AND SAMPLES A. ENGINEER's Review: 1. ENGINEER will provide timely review of Shop Drawings and Samples in accordance with schedule of submittals acceptable to ENGINEER. ENGINEER's review and approval will be only to determine if items covered by submittals will,after installation or incorporation in Work, conform to information given in Contract Documents and be compatible with design concept of completed Project as functioning whole as indicated by Contract Documents. 2. ENGINEER'S review and approval will not extend to means, methods,techniques,sequences or procedures of construction(except where specific means,method,technique,sequence or procedure of construction is specifically and expressly called for by Contract Documents)or to safety precautions or programs incident thereto. Review and approval of separate item as such will not indicate approval of assembly in which item functions. 3. ENGINEER'S review and approval shall not relieve CONTRACTOR from responsibility for any variation from requirements of Contract Documents unless CONTRACTOR has in writing called ENGINEER'S attention to each such variation at time of submittal and ENGINEER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying Shop Drawing or Sample. ENGINEER'S approval will not relieve CONTRACTOR from responsibility for complying with CONTRACTOR's submittal procedures established in Contract Documents. — B. Resubmittal Procedures: 1. CONTRACTOR shall make corrections required by ENGINEER,and return required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than corrections called for by ENGINEER on previous submittals. C. Where Shop Drawing or Sample is required by Contract Documents, related Work performed prior to ENGINEER'S review and approval of pertinent submittal will be at CONTRACTOR'S sole expense and responsibility. 1.09 SUBSTITUTIONS A. ENGINEER's Evaluation: 1. ENGINEER will be allowed reasonable time within which to evaluate each proposed substitute. ENGINEER will be sole judge of acceptability. No substitute will be ordered, installed or utilized until ENGINEER'S review is complete,which will be evidenced by either a Change Order or approved Shop Drawing. ENGINEER will advise CONTRACTOR in writing of any negative determination. OWNER may require CONTRACTOR to furnish, at -- CONTRACTOR'S expense, special performance guarantee or other surety with respect to any substitute. 01316-4 MidPortBlvd Phase II 60189781.13 1.10 LIMITATIONS ON ENGINEER'S AUTHORITY AND RESPONSIBILITIES A. Neither ENGINEER'S authority or responsibility under this Specification Section or under any other provision of Contract Documents nor any decision made by ENGINEER in good faith to either exercise or not exercise such authority or responsibility or undertaking,exercise, or performance of any authority or responsibility by ENGINEER shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, or any other individual or entity, or to any surety for or employee or agent of any of them. B. Whenever in Contract Documents terms"as allowed", "as approved"or terms of like effect or import are used,or adjectives"reasonable", "suitable", "acceptable,""proper"or"satisfactory"or adjectives of like effect or import are used to describe action or determination of ENGINEER as to Work, it is intended that such action or determination will be solely to evaluate, in general, completed Work for compliance with requirements of and information in Contract Documents and conformance with design concept of completed Project as functioning whole as shown or indicated in Contract Documents (unless there is specific statement indicating otherwise). Use of any such term or adjective shall not be effective to assign ENGINEER any duty or authority to supervise or direct performance of Work or any duty or authority to undertake responsibility contrary to provisions of Contract Documents. C. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR'S means, methods,techniques,sequences or procedures of construction,or safety precautions and programs incidental thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to performance of Work. ENGINEER will not responsible for CONTRACTOR'S failure to perform Work in accordance with Contract Documents. D. ENGINEER will not be responsible for acts or omissions of CONTRACTOR or of any Subcontractor, -� any Supplier, or of any other individual or entity performing any Work. E. Limitations upon authority and responsibility set forth shall also apply to ENGINEER's Consultants, Resident Project Representative, and assistants. 1.11 STAKING A. Proposed work will be staked once, by ENGINEER, at no expense to CONTRACTOR. Should CONTRACTOR request restaking,this work will be done as ENGINEER'S schedule permits and at expense of CONTRACTOR. Notify ENGINEER at least 3 days prior to start of open-cut work or 7 days prior to start of jacked or augered work and when making periodic requests for line and grade stakes. 1. ENGINEER will provide one line of survey stakes for utility work and prepare separate cut sheets where multiple pipes are located in common trench. 2. CONTRACTOR shall maintain survey stakes. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION -' (Not Used) *** END OF SECTION *** 01316-5 MidPortBlvd Phase II 60189781.13 SECTION 100 CLEARING AND GRUBBING 100-1 GENERAL A. Description: 1. Clearing and grubbing shall include areas as noted in plans. 100-2 SPECIFICATIONS A. IDOT Specifications: 1. In accordance with IDOT specifications for Highway and Bridge Construction, Series 2009, Section 2101.01 and Section 2101.03 and as amended herein. 100-3 EXECUTION A. Disposal: 1. Disposal of all materials resulting from clearing and grubbing shall be the responsibility of the CONTRACTOR. Disposal shall be made in accordance with all applicable federal, state, county and local laws and regulations. 100-4 METHOD OF MEASUREMENT AND BASIS OF PAYMENT A. Method of Measurement: 1. Clearing and Grubbing. Clearing and Grubbing will be measured in units per IDOT Standard Specifications. B. Basis of Payment: 1. Payment for the items listed in the Method of Measurement section will be determined by multiplying the item quantity (as determined in the Method of Measurement) by the unit price on the Proposal Form in accordance with the Standard Specifications. * * * END OF SECTION ** * 100-1 MidPortBlvd Phase II 60189781.13 SECTION 101 EARTHWORK Special Backfill Excavation, Class 10, Roadway and Borrow Excavation, Class 12, Boulders or Rock Fragments Topsoil, Strip, Salvage and Spread Special Compaction of Subgrade Shoulder Finishing, Earth Excavation, Class 20, for Roadway Pipe Culvert 101-1 GENERAL -- A. Description: 1. This section shall cover all earthwork to be encountered in this project. Any work not specifically listed as a bid item or mentioned in the method of measurement will be considered as incidental to the work to which it pertains and will not be paid separately. 2. Special backfill shall be in accordance with Section 2102 of the IDOT Specifications. 3. Class 10 Excavation shall consist of excavation, grading, borrow, construction of slopes -- and embankments necessary for the construction of the roadway and ditches to the lines, grades and dimensions shown on the drawings and in accordance with these specifications. Type A compaction is required. 4. Class 12, Excavation, Boulders or Rock Fragments shall be in accordance with Section 2102 of the IDOT Specifications. 5. Topsoil, Strip, Salvage and Spread shall be in accordance with Section 2105 of the IDOT Specifications. -� 6. Special Compaction of Subgrade shall be in accordance with Section 2109 of the IDOT Specifications. 7. Shoulder Finishing, Earth, shall be in accordance with Section 2123 of the IDOT Specifications. 8. Excavation, Class 20, shall be in accordance with Section 2402 of the IDOT Specifications. 101-2 SPECIFICATIONS A. IDOT Specifications: 1. Term "IDOT Specifications" in this section refers to Standard Specifications for Highway and Bridge Construction, Series of 2009, Iowa Department of Transportation, including current revised and supplemental specifications. 2. Construction shall be in accordance with Sections 2102, 2105, 2109, 2123 and 2402 of the IDOT Specifications, except as amended herein. 101-3 EXECUTION A. Special Backfill shall be in accordance with Section 2102 of the IDOT Specifications. 101-1 MidPortBlvd Phase II 60189781.13 B. Class 10 Excavation: 1. The work described under Class 10 Excavation shall be in accordance with IDOT Specification 2102 and shall be finished in a workmanlike manner to the lines, grades and elevations shown on the drawings. 2. Overhaul will not be measured or paid for separately for this project, but will be considered incidental to this bid item. C. Excavation, Class 12, Boulders and Rock Fragments shall be in accordance with Section 2102 of the IDOT Specifications. D. Topsoil, Strip, Salvage and Spread shall be in accordance with Section 2105 of the IDOT Specifications. E. Special Compaction of Subqrade shall be in accordance with Section 2109 of the IDOT Specifications. F. Shoulder Finishing, Earth, shall be in accordance with Section 2123 of the IDOT Specifications. G. Excavation, Class 20, for Roadway Pipe Culvert, shall be in accordance with Section 2402 of the "— IDOT Specifications. 101-4 METHOD OF MEASUREMENT AND BASIS OF PAYMENT A. Method of Measurement: 1. Special Backfill. Special Backfill will be measured in cubic yards per IDOT Standard Specifications. 2. Excavation, Class 10, Roadway and Borrow. Class 10 Excavation will be measured in cubic yards per IDOT Standard Specifications. 3. Excavation, Class 12, Boulders or Rock Fragments. Class 12 Excavation will be measured in cubic yards per IDOT Standard Specifications. 4. Topsoil, Strip, Salvage and Spread. Topsoil, Strip, Salvage and Spread will be measured in cubic yards per IDOT Standard Specifications. 5. Special Compaction of Subgrade. Special Compaction of Subgrade will be measured in Stations per IDOT Standard Specifications. 6. Shoulder Finishing, Earth. Shoulder Finishing, Earth, will be measured in stations per IDOT Standard Specifications. 7. Excavation, Class 20, for Roadway Pipe Culvert. Excavation, Class 20, for Roadway Pipe Culvert, will be measured in cubic yards per IDOT Standard Specifications. B. Basis of Payment: 1. Payment for the items listed in the Method of Measurement section will be determined by multiplying the item quantity (as determined in the Method of Measurement) by the unit price on the Proposal Form in accordance with the Standard Specifications. *** END OF SECTION ** 101-2 MidPortBlvd Phase II 60189781.13 SECTION 102 GRANULAR MATERIALS --- Granular Subbase Subgrade Stabilization Material, Polymer Grid Granular Shoulders, Type A Granular Surfacing on Road, Class A Crushed Stone 102-1 GENERAL A. Description: 1. Granular subbase for P.C. concrete paving shall consist of a uniform mixture of granular material placed on a subgrade, uniformly moistened,shaped and compacted in accordance with the cross sections on the plans and these specifications. 2. Subgrade Stabilization Material, Polymer Grid, shall be in accordance with Section 2113 of -- the IDOT Specifications. 102-2 SPECIFICATIONS A. Referenced Specifications: 1. Standard Specifications for Highway and Bridge Construction, Iowa Department of Transportation, Series of 2009, and all current supplemental specifications (Iowa DOT Specifications). 2. Construction shall be in accordance with Section 2111, 2113, 2121 and 2312 of the IDOT Specifications, except as amended herein. 102.3 MATERIALS A. Granular subbase material shall be crushed stone material meeting the requirements of Section 4121. B. Subgrade Stabilization Material, Polymer Grid, shall meet the requirements of Section 2113. C. Granular Shoulders, Type A, shall meet the requirements of Section 2121. D. Granular Surfacing on Road, Class A Crushed Stone, shall meet the requirements of Section 2312. 102-4 METHOD OF MEASUREMENT AND BASIS OF PAYMENT A. Method of Measurement: 1. Granular Subbase. Granular Subbase will be measured in square yards per IDOT Specifications. 2. Subqrade Stabilization Material, Polymer Grid. Subgrade Stabilization Material will be measured in square yards per IDOT Specifications. 3. Granular Shoulders,Type A. Granular Shoulders,Type A,will be measured in tons per IDOT Specifications. 4. Granular Surfacing on Road, Class A Crushed Stone. Granular Surfacing on Road will be measured in tons per IDOT Specifications. 102-1 MidPortBlvd Phase II 60189781.13 B. Basis of Payment: 1. Payment for the items listed in the Method of Measurement section will be determined by multiplying the item quantity(as determined in the Method of Measurement)by the unit price on the Proposal Form in accordance with the Standard Specifications. *** END OF SECTION 102-2 MidPortBlvd Phase II 60189781.13 SECTION 103 PAVEMENT -- Standard or Slip Form P.C. Concrete Pavement, Class C, Class 3 Durability, 10-In. Median, P.C. Concrete, 6-In. 103-1 GENERAL A. The work covered in this section of the specifications consists of the construction of Portland cement -- concrete pavements of varying full depth thicknesses at the location shown on the plans. 103-2 SPECIFICATIONS A. IDOT Specifications-Standard Specifications for Highway and Bridge Construction, Iowa Department of Transportation, Series of 2009 and all current Supplemental Specifications. B. Construction shall be in accordance with Section 2301 of the IDOT Specifications,except as modified below. C. ASTM -American Society for Testing Materials. D. AASHTO -American Association of State Highway and Transportation Officials. 103-3 QUALITY ASSURANCE A. Required Certifications. 1. Certification of P.C. concrete ingredients from materials producers. 2. A mix design in accordance with these specifications shall be submitted and certification from the supplier that the P.C.concrete furnished for this project meets the submitted mix design. 103-4 MATERIALS A. P.C.concrete paving shall be standard or slip formed, nonreinforced in accordance with Section 2301 of the IDOT Specifications. 1. Concrete shall be Class C, Mix No. C-4. The use of water reducing admixtures and fly ash are allowed within the limitations of IDOT Specifications. 2. Aggregate durability shall be Class 3 or better. B. Curing compound for paving shall meet the requirements of Section 4105 of the IDOT Specifications. C. Joint sealer for paving and approach expansion and contraction joints shall be in accordance with one of the appropriate materials specified in Section 4136 of the IDOT Specifications. D. Reinforcement for paving (dowels) shall meet the requirements of Section 4151 of the IDOT Specifications. 103-5 EXECUTION A. Construction of P.C. concrete paving shall meet the requirements of Section 2301 of the IDOT Specifications and shall be completed in a workmanlike manner to the lines, grades, thicknesses, typical cross sections and elevations shown on the Drawings. B. Section 2316, Pavement Smoothness, shall not apply to this project. 103-1 MidPortBlvd Phase II 60189781.13 C. No adjustment in unit price will be made using paving thickness index for this project. 103-6 METHOD OF MEASUREMENT AND BASIS OF PAYMENT A. Method of Measurement: 1. Standard or Slip Form P.C. Concrete Pavement, Class C, Class 3 Durability, 10-In. Pavement will be measured in square yards per IDOT Specifications. 2. Median, P.C. Concrete, 6-In. Pavement will be measured in square yards per IDOT Specifications. B. Basis of Payment: 1. Payment for the items listed in the Method of Measurement section will be determined by multiplying the item quantity(as determined in the Method of Measurement)by the unit price on the Proposal Form in accordance with the Standard Specifications. *** END OF SECTION * ** 103-2 MidPortBlvd Phase II 60189781.13 SECTION 104 CULVERTS Aprons, Concrete Culvert, Concrete Roadway Pipe Culvert, Unclassified Entrance Pipe 104-1 DESCRIPTION A. Work under this section includes furnishing and installing pipe aprons and culverts and shall conform to the Contract Documents. 104-2 SPECIFICATIONS A. IDOT Specifications: 1. Term "IDOT Specifications" in this section refers to Standard Specifications for Highway and Bridge Construction, Series of 2009, Iowa Department of Transportation, including current revised and supplemental specifications. 104-3 EXECUTION A. Construction shall be in accordance with Sections 2416 and 2422 of the IDOT Specifications. 104-4 METHOD OF MEASUREMENT AND BASIS OF PAYMENT A. Method of Measurement: 1. Aprons, Concrete, 15-In. Dia. Concrete aprons will be measured each per IDOT Specifications. 2. Aprons, Concrete, 24-In. Dia. Concrete aprons will be measured each per IDOT Specifications. 3. Aprons, Concrete, 44-In. x 27-In. Dia. Concrete aprons will be measured each per IDOT Specifications. 4. Culvert, Concrete Roadway Pipe, 24-In. Dia. Concrete roadway pipe culverts will be measured per lineal foot per IDOT Specifications. 5. Culvert, Unclassified Entrance Pipe, 24-In. Dia. Unclassified entrance pipe culvert will be measured per lineal foot per IDOT Specifications. B. Basis of Payment: 1. Payment for the items listed in the Method of Measurement section will be determined by multiplying the item quantity (as determined in the Method of Measurement) by the unit price on the Proposal Form in accordance with the Standard Specifications. *** END OF SECTION *** 104-1 MidPortBlvd Phase II 60189781.13 SECTION 105 SUBDRAIN Subdrain, Longitudinal (Shoulder), 4-In. Dia. Subdrain Outlet(RF-19C) 105-1 DESCRIPTION A. Work under this section includes furnishing and installing subdrains and subdrain outlets of the — size and type shown in the Contract Documents. 105-2 SPECIFICATIONS A. IDOT Specifications: 1. Term "IDOT Specifications" in this section refers to Standard Specifications for Highway — and Bridge Construction, Series of 2009, Iowa Department of Transportation, including current revised and supplemental specifications. 105-3 EXECUTION A. Construction shall be in accordance with Section 2502 of the IDOT Specifications. 105-4 METHOD OF MEASUREMENT AND BASIS OF PAYMENT A. Method of Measurement: 1. Subdrain, Longitudinal (Shoulder), 4-In. Dia. Subdrains will be measured per lineal foot per IDOT Specifications. 2. Subdrain Outlet (RF-19C). Subdrain Outlets will be measured each per IDOT Specifications. B. Basis of Payment: 1. Payment for the items listed in the Method of Measurement section will be determined by multiplying the item quantity (as determined in the Method of Measurement) by the unit price on the Proposal Form in accordance with the Standard Specifications. ** * END OF SECTION * * * 105-1 MidPortBlvd Phase II 60189781.13 SECTION 106 STORM SEWER Intakes Manhole Adjustment, Minor Storm Sewer Pipe, 2000D Storm 106-1 DESCRIPTION A. Work under this section includes construction of storm sewer, intakes and uti ity accesses as shown in the Contract Documents. 106-2 SPECIFICATIONS A. IDOT Specifications: 1. Term 'IDOT Specifications" in this section refers to Standard Specifications for Highway and Bridge Construction, Series of 2009, Iowa Department of Transpo-tation, including current revised and supplemental specifications. 106-3 EXECUTION A. Construction shall be in accordance with Sections 2435 and 2503 of the IDOT Specifications. 106-4 METHOD OF MEASUREMENT AND BASIS OF PAYMENT A. Method of Measurement: 1. Intake, SW-508. Intakes will be measured each per IDOT Specifications. 2. Intake, SW-510. Intakes will be measured each per IDOT Specifications. 3. Manhole Adjustment, Minor. Manhole adjustment, minor, will be measured each per IDOT Specifications. 4. Storm Sewer Gravity Main, Trenched, Reinforced Concrete Pipe (RCP), 2000D (Class III), 15-In Dia. Storm sewer gravity main will be measured per lineal foot per IDOT Specifications. 5. Storm Sewer Gravity Main, Trenched, Reinforced Concrete Pipe (RCP), 2000D (Class III), 18 In Dia. Storm sewer gravity main will be measured per lineal foot per IDOT Specifications. 6. Storm Sewer Gravity Main, Trenched, Reinforced Concrete Pipe (RCP), 2000D (Class III), 30-In Dia. Storm sewer gravity main will be measured per lineal foot per IDOT Specifications. 7. Storm Sewer Gravity Main, Trenched, Reinforced Concrete Arch Pipe (RCAP), 2000D (Class A-III), 44-In x 27-In. Dia. Storm sewer gravity main will be measured per lineal foot per IDOT Specifications. B. Basis of Payment: 1. Payment for the items listed in the Method of Measurement section will be determined by multiplying the item quantity (as determined in the Method of Measurement) by the unit price on the Proposal Form in accordance with the Standard Specificatiors. ** * END OF SECTION ** * 106-1 MidPortBlvd Phase II 60189781.13 SECTION 107 EROSION PROTECTION Engineering Fabric Erosion Stone 107-1 GENERAL A. Description: 1. This work shall include the installation of engineering fabric for riprap placement and shall also include the furnishing, transportation and placing of riprap to protect the channel bottom and channel banks from erosion. This work shall be completed in accordance with the typical sections shown in the Contract Documents. 107-2 SPECIFICATIONS A. IDOT Specifications: 1. Term "IDOT Specifications" in this section refers to Standard Specifications for Highway and Bridge Construction, Series of 2009, Iowa Department of Transportation, including current revised and supplemental specifications. 107-3 EXECUTION A. Construction shall be in accordance with Section 2507 of the IDOT Specifications. 107-4 METHOD OF MEASUREMENT AND BASIS OF PAYMENT A. Method of Measurement: 1. Engineering Fabric. Engineering Fabric will be measured in square yards per IDOT Specifications. 2. Erosion Stone. Erosion Stone will be measured in tons IDOT Specifications. B. Basis of Payment: 1. Payment for the items listed in the Method of Measurement section will be determined by multiplying the item quantity (as determined in the Method of Measurement) by the unit price on the Proposal Form in accordance with the Standard Specifications. *** END OF SECTION ** * 107-1 MidPortBlvd Phase II 60189781.13 SECTION 108 ROAD CLOSURES Permanent Road Closure, SI-182 Safety Closure 108-1 DESCRIPTION A. Work under this section includes permanent road closures and safety closures as specified in the Contract Documents. 108-2 SPECIFICATIONS A. IDOT Specifications: 1. Term "IDOT Specifications" in this section refers to Standard Specifications for Highway and Bridge Construction, Series of 2009, Iowa Department of Transportation, including current revised and supplemental specifications. 108-3 EXECUTION A. Construction shall be in accordance with Section 2518 of the IDOT Specifications. 108-4 METHOD OF MEASUREMENT AND BASIS OF PAYMENT A. Method of Measurement: 1. Permanent Road Closure, SI-182. Road Closures will be measured each per IDOT Specifications. 2. Safety Closure. Safety Closures will be measured each per IDOT Specifications. B. Basis of Payment: 1. Payment for the items listed in the Method of Measurement section will be determined by multiplying the item quantity (as determined in the Method of Measurement) by the unit price on the Proposal Form in accordance with the Standard Specifications. *** END OF SECTION * * * ` 108-1 MidPortBlvd Phase II 60189781.13 SECTION 109 FIELD OFFICE 109-1 DESCRIPTION A. Work under this section includes furnishing and maintaining a field office. 109-2 SPECIFICATIONS A. IDOT Specifications: 1. Term "IDOT Specifications" in this section refers to Standard Specifications for Highway and Bridge Construction, Series of 2009, Iowa Department of Transportation, including current revised and supplemental specifications. 109-3 EXECUTION A. Provide a field office for this project in accordance with Section 2520 of the IDOT Specifications. 109-4 METHOD OF MEASUREMENT AND BASIS OF PAYMENT A. Method of Measurement: 1. Field Office. Field Office will be measured each per IDOT Specifications. B. Basis of Payment: 1. Payment for the items listed in the Method of Measurement section will be determined by multiplying the item quantity (as determined in the Method of Measurement) by the unit price on the Proposal Form in accordance with the Standard Specifications. *** END OF SECTION ** * 109-1 MidPortBlvd Phase II 60189781.13 SECTION 110 SIGNING Delineators, Rigid -Type 1 Wood Posts Type A Signs 110-1 DESCRIPTION A. Work under this section includes the fabrication and erection of all traffic signs and delineators, in accordance with the Contract Documents. 110-2 SPECIFICATIONS A. IDOT Specifications: 1. Term "IDOT Specifications" in this section refers to Standard Specifications for Highway and Bridge Construction, Series of 2009, Iowa Department of Transportation, including current revised and supplemental specifications. 110-3 EXECUTION A. Installation of signs shall be in accordance with Section 2524 of the IDOT Specifications and the Contract Documents. 110-4 METHOD OF MEASUREMENT AND BASIS OF PAYMENT A. Method of Measurement: 1. Delineators, Rigid - Type 1. Delineators, Rigid -Type 1, will be measured each per IDOT Specifications. 2. Wood Posts for Type A or B Signs, 4-In. x 4-In.: Wood Posts for Signs will be measured per lineal foot per IDOT Specifications. 3. Type A Siqns, Sheet Aluminum. Type A Signs will be measured in square feet per IDOT Specifications. B. Basis of Payment: 1. Payment for the items listed in the Method of Measurement section will be determined by multiplying the item quantity (as determined in the Method of Measurement) by the unit price on the Proposal Form in accordance with the Standard Specifications. *** END OF SECTION ** * 110-1 MidPortBlvd Phase 1160189781.13 SECTION 111 PAVEMENT MARKINGS -- Painted Pavement Markings, Waterborne or Solvent-Based 111-1 DESCRIPTION A. Work under this section includes furnishing, installation and maintenance of pavement markings. 111-2 SPECIFICATIONS A. IDOT Specifications: 1. Term "IDOT Specifications" in this section refers to Standard Specifications for Highway and Bridge Construction, Series of 2009, Iowa Department of Transportation, including current revised and supplemental specifications. 111-3 EXECUTION A. Provide painted pavement markings in accordance with Section 2527 of the IDOT Specifications and as indicated in the Contract Documents. 111-4 METHOD OF MEASUREMENT AND BASIS OF PAYMENT A. Method of Measurement: 1. Painted Pavement Markings, Waterborne or Solvent-Based. Pavement Markings will be measured in stations per IDOT Specifications. B. Basis of Payment: 1. Payment for the items listed in the Method of Measurement section will be determined by multiplying the item quantity (as determined in the Method of Measurement) by the unit price on the Proposal Form in accordance with the Standard Specifications. *** END OF SECTION ** * 111-1 MidPortBlvd Phase II 60189781.13 SECTION 112 TRAFFIC CONTROL Traffic Control Flaggers 112-1 DESCRIPTION A. The work under this item includes traffic control during construction as shown in the Contract --. Documents. 112-2 SPECIFICATIONS A. IDOT Specifications: 1. Term "IDOT Specifications" in this section refers to Standard Specifications for Highway and Bridge Construction, Series of 2009, Iowa Department of Transportation, including current revised and supplemental specifications. 112-3 EXECUTION A. Provide traffic control in accordance with Section 2528 of the IDOT Specifications and as shown in the Contract Documents. 112-4 METHOD OF MEASUREMENT AND BASIS OF PAYMENT A. Method of Measurement: 1. Traffic Control. No separate measurement will be made for Traffic Control. 2. Flaggers. Flaggers will be measured by count for the number of days each flagger was _ used per IDOT Specifications. B. Basis of Payment: 1. Payment for the items listed in the Method of Measurement section will be determined by multiplying the item quantity (as determined in the Method of Measurement) by the unit price on the Proposal Form in accordance with the Standard Specifications. ** * END OF SECTION ** 112-1 MidPortBlvd Phase II 60189781.13 SECTION 113 MOBILIZATION 113-1 DESCRIPTION A. Work under this section includes mobilization. 113-2 IDOT SPECIFICATIONS A. IDOT Specifications: 1. Term "IDOT Specifications" in this section refers to Standard Specifications for Highway and Bridge Construction, Series of 2009, Iowa Department of Transportation, including current revised and supplemental specifications. 113-3 EXECUTION A. Mobilization shall be in accordance with Section 2533 of the IDOT specifications. 113-4 METHOD OF MEASUREMENT AND BASIS OF PAYMENT A. Method of Measurement: 1. Mobilization. No separate measurement will be made for Mobilization. B. Basis of Payment: 1. Payment for the items listed in the Method of Measurement section will be determined by multiplying the item quantity (as determined in the Method of Measurement) by the unit price on the Proposal Form in accordance with the Standard Specifications. ** * END OF SECTION * 113-1 MidPortBlvd Phase II 60189781.13 SECTION 114 RELOCATE FIRE HYDRANT 114-1 DESCRIPTION A. Work under this section includes relocation of a fire hydrant as shown on the plans. 114-2 SPECIFICATIONS A. IDOT Specifications: 1. Term "IDOT Specifications" in this section refers to Standard Specifications for Highway and Bridge Construction, Series of 2009 Iowa Department of Transportation, including current revised and supplemental specifications. 114-3 EXECUTION A. Construction shall be in accordance with project plans. 114-4 METHOD OF MEASUREMENT AND BASIS OF PAYMENT A. Method of Measurement: 1. Relocate Fire Hydrant. Relocate fire hydrant will be measured each, as per plan. B. Basis of Payment: 1. Payment for the items listed in the Method of Measurement section will be determined by multiplying the item quantity (as determined in the Method of Measurement) by the unit price on the Proposal Form in accordance with the Standard Specifications. ** * END OF SECTION ** * 114-1 MidPortBlvd Phase II 60189781.13 SECTION 115 SEEDING _. Mowing Mulching Seeding and Fertilizing (Urban) Stabilizing Crop -Seeding and Fertilizing 115-1 DESCRIPTION A. The work covered by this section of the specifications shall consist of furnishing all labor, supplies, equipment and materials, and performing all operations in connection with the operation of seedbed preparation, furnishing, sowing and covering the seed. B. All disturbed areas shall be seeded. 115-2 SPECIFICATIONS A. IDOT Specifications: 1. Term "IDOT Specifications" in this section refers to Standard Specifications for Highway and Bridge Construction, Series of 2009, Iowa Department of Transportation, including current revised and supplemental specifications. 115-3 EXECUTION A. For seeding and seedbed preparation, the applicable portions of Sections 2601 and 4169 of the IDOT Specifications shall apply. 115-4 METHOD OF MEASUREMENT AND BASIS OF PAYMENT A. Method of Measurement: 1. Mowing. Mowing will be measured in acres per IDOT Specifications. 2. Mulching. Mulching will be measured in acres per IDOT Specifications. 3. Seeding and Fertilizing (Urban). Seeding and Fertilizing (Urban) will be measured in acres per IDOT Specifications. __. 4. Stabilizing Crop - Seeding and Fertilizing. Stabilizing Crop will be measured in acres per IDOT Specifications. B. Basis of Payment: 1. Payment for the items listed in the Method of Measurement section will be determined by multiplying the item quantity (as determined in the Method of Measurement) by the unit price on the Proposal Form in accordance with the Standard Specifications. ** * END OF SECTION ** * 115-1 MidPortBlvd Phase II 60189781.13 SECTION 116 EROSION CONTROL -- Silt Fence Removal of Silt Fence Clean-Out of Silt Fence Silt Wattles Removal of Silt Wattles -- 116-1 DESCRIPTION A. The work covered by this section of the specifications is the construction, removal and clean-out of silt fencing at the locations shown on the plans and in accordance with these specifications. 116-2 SPECIFICATIONS A. IDOT Specifications - Standard Specifications for Highway and Bridge Construction, Iowa Department of Transportation, Series of 2009, and all current supplemental specifications (IDOT Specifications). 116-3 EXECUTION A. Construction shall be in accordance with Section 2602 of the IDOT Specifications, and as shown -- in the Contract Documents. 116-4 METHOD OF MEASUREMENT AND BASIS OF PAYMENT A. Method of Measurement: 1. Silt Fence. Silt Fence will be measured in lineal feet per IDOT Specifications. 2. Removal of Silt Fence. Removal of Silt Fence will be measured in lineal feet per IDOT Specifications. 3. Clean-Out of Silt Fence. Clean-Out of Silt Fence will be measured in lineal feet per IDOT Specifications. 4. Silt Wattles. Silt Wattles will be measured in lineal feet per the project plans.. 5. Removal of Silt Wattles. Removal of Silt Wattles will be measured in lineal feet per the project plans. B. Basis of Payment: 1. Payment for the items listed in the Method of Measurement section will be determined by -- multiplying the item quantity (as determined in the Method of Measurement) by the unit price on the Proposal Form in accordance with the Standard Specifications. 't** END OF SECTION *** —• 116-1 MidPortBlvd Phase II 60189781.13 STANDARD ROAD PLANS The following Standard Road Plans shall be considered applicable to construction work on this project. Number Date Title EC-201 04-20-10 3 Silt Fence -- PM-110 04-19-11 3 Line Types PM-120 04-19-11 1 Stop Lines and Islands PM-210 04-19-11 2 Separation in Two-Lane Roadway PM-420 04-19-11 2 Two-Lane Roadway with No Turn Lanes(One-Way Stop Conditions) PV-101 04-19-11 8 Joints PV-102 04-19-11 1 PCC Curb Details RF-1 04-03-01 1 Concrete Culvert Pipe RF-3 04-15-08 1 Concrete Aprons - RF-14 04-19-11 2 Connected Pipe Joints RF-19C 10-19-10 2 Subdrains(Longitudinal) RF-30A 10-19-10 1 Culvert(Bedding and Backfill) _, RF-30C 04-30-02 1 Pipe Culvert(Installation Details) RF-31 03-28-95 1 Depth of Cover Tables for Concrete Pipe RF-41 10-16-07 1 Concrete Arch Pipe RF-42 10-20-09 2 Concrete Arch Aprons RL-1 B 10-17-06 1 Details of Embankment(Allowable Placement of Unsuitable Material) RL 2A 10-18-05 1 Details of Embankment Subgrade Treatment, moisture Density Control and Special Compaction RM-33 10-03-00 1 Electrical Installation Details(Roadway Ducts) —' RM-39 04-17-07 1 Light Pole Footings RM-40 09-21-99 1 Cable Splices and Connectors SI-101 04-21-09 1 Locations-Type'A' Signs SI-111 10-20-09 1 Support Structures-Wood Posts SI-121 04-20-10 4 Fabrication-Sign Legend Components SI-131 10-19-10 1 Installation-Type'A'Signs SI-172 04-20-10 1 Delineators — SI-182 04-20-10 1 Permanent Road Closure- Urban SI-881 04-19-11 3 Special Signs for Workzones SW-101 04-21-09 1 Trench Bedding and Backfill Zones SW-102 04-21-09 2 Rigid Gravity Pipe Trench Bedding "• SW-508 10-20-09 2 Single Open-Throat Intake, Large Box SW-510 10-19-10 2 Double Open-Throat Curb Intake, Large Box TC-1 10-17-06 1 Work Not Affecting Traffic TC-212 10-16-07 1 Spot Location Lane Closure with Flaggers — TC-213 10-21-08 1 Lane Closure with Flaggers TC-233 04-19-11 2 Pavement Marking Operations Two-Lane * * * END OF SECTION ** * SRP-1 MidPortBlvd Phase II 60189781.13 0 —I I7i Z; ; 11 �S S 3tVt 3 m9.5 j W o 2 °I €.3a Zm 3.g a _ 11 c am 44 J W E$ $3 �{g�$ a co ® fi 1L11 i I I m O tV Q at o� m N j U i. w a �'= 9 qeN m.c 9 c w g to E 1014111 9�". 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CD z CO C C 0 (p L N 0 O Cn r k ill o co C ac CO - GO ‘-1m c 2 o E O F-Y O � (n U nv l '1 Z N p•O O I,•Q W ° °' �° s G °p �° J E Q c2 O J H pf L A; p °°O ° °pO°'GO W 0 mU OO ° o c o N ) 0 ° °G °�D 00m= ,Q W >Q E Zo J t4 i°4 ° I •1 OJ LOc �N G } d C3 T'V �O L� Y U� 3� U 1 m F= dcN m a m n. -0 to O o T _ m g m -' V i. y Z c Z amt O 1 J Q Z_ G 0 H o m3 HN ,--co F-pj zU +1OC"yya LH " ._._ O W- yam_ CO'0 ,r o .—♦1-. N f0 - l c. L V y '0�N N .- m toN O. Q a CC ... I FIGURE 7010.101 I SHEET 4 OF 8 m _ d 11� co p N LL •o f0 O .-N 5 ' W I y fi �y m.s t0 a Z 1— cu w p- r - s cy ° 3 U ° N O o u° i° m °p Div +63 0 ^s c 3 -oo v TO o 0 'N m o < °° "a ��c H °0 o°m �°' L Q x 23 w N o a Z o ,_,c co'o-- is 3 a J CD m n,t 3 O m 3 4 o m o = Q v r''iv iH :.. i ;IP �-p ... 0 p• J N _ _ m B �L' o m °t E coi c (0>, w pa- iu MN " s 1N ps oa• to ;ro N a 3 3 mm a o s y ._ m a 0 w 0 o N N MR ..0 L w p W LL 30 E m o Evr... a o o nw w w p't �� W N cps y '3 � O 0 N �. 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Y Z fV N CM M Z SDN[0 J r w F 01 W N M �' W 2 p 3 W TT 0. a L . ._0 oo° fl ° C 0�O .• - o c a. ••. p o Z�� � o ,• 0. p NtncD .. .. _.. _ v I FIGURE 7010.101 I SHEET 5 OF 8 c m* E d r a. - _ � � a C om 4 li I * yt w o `o 0 c c m tg � F m 3 =Y m a aka r m = figg O O >, a m O `om EU W m _ d. N S o C a r z m» Q o 0 3 E c61v .1v .'-icv Pc� m 8 o 0 m y c m of 3 .. `o w-' < 0 fig§A I 5 o) aci r� ami � m 3 3y om , m ti f f r 3 �y Ey y o -o o ca< ccoo G $ a Z y N C ;c m m ,- m� C • E 0 C-I3 r 0 '`'''' v� `�`� c�`r it p 8 1 O cam H E=y > j E - =t c _oU _ ' d -, a c m m e m"� E m�a a� O mm0 `•� c Lm C' fOyy OC W �u p ®� j L O •C C y U �0 m p Cp= _! N. �N �� a vi fa 3 OL C E fl .. COtc, CD .c+ N aU mW W O O A o a O.c.. O O sr C .22 c m • '- a E N c o c o r 0 �n-+ W 15 m m .c•E a._ o o , o a-c > 0 i. b = O m cn— O� Cr W N o '• n ?.+ Cl) , CO p, CO e 7 m c >,'E•o > N U 03 Co m can, m a N O N O co m N co n. sa- i3 Om xc lc:>= 20 �a0com.co t l MINN I 11 fV N ,1 I II id-.).' C m,.� m m ;1. 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N.lii I csi `�♦ Ilk O ,--H Mil N m O.> NI I ol 03 _ m .-� o co ®.-j V 7 �N 1 1 I FIGURE 7010.101 I SHEET 6 OF 8 co E o a 0 a . � mc o N,. o a- r' S * N L fmJ7 -c, ~O O Cgo Ei. w I W 3 •x m o O. m § 0 oo >' �o c a 0,- ,DE m z o a,p u1 O m Ip U p N m .= i .� 23-• m E .�o 3 -o m E m a = Y 1 : V p y Y } m m 3 ID C Q' s a 4flu c 3� 9cm =' c L •o •o13 m me E.o am 0- �_ a �' N23 w 01 .0 Lm C.� m.N C ..Lm+ 3 O 0 d m m O L C C 0 0 y m U m c N m A e fi; -cocmi m E co o Y+ o W 0 3 g5 CD(3.) 3.E .oy roi r4n _ .Gvp,Em m cn " _.N p oYm 2 . °= w o oo o@ cye > o m r L 2-C N m Q^ c m o V -o -00 a-0 y m C-- c w$ • m • ac a, p' o,_ a'y 3 acci >.ca ' a p C_.0 N._ m 0 _ 0 == m m CO7, O m -a_co L • W N U 'y 3 N = N p, m C 7 m >,rC a > C E U c v, -o w0 0 3 = m m o m m C mL 10. m m 0 m o o, a,° m v, 80. nw v. 0- 3 0 mx xt xt4 o a w "al a. 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' .� cm i § ■ i 0 a CO 9 g 6 ! U : _ _ I \a - (& t \ / ) E , _ Iy . I f ( { ) } ' I M 13 j . f / ) z 2 2 ! i I a ) E k k / § ,� I ! I -a. \ 9- t i( 0§ ` 10111W § i8445H I Sag@ RS — § ■ 8i § _ . « } . . _ ; � \ cc : w t / . � ° ti ■ 2 ' ■ ' ?! 8 �I $ � ® f ) y ( {� 3 'a -- ti %- , �-- - - �\_ i ƒ I ƒ \a�/ I 2 § I.V. ,U kk & 2 § § B F § k I POLLUTION PREVENTION PLAN All contractors shall conduct their operations in a manner that controls pollutants, minimizes erosion, and prevents sediments from entering waters of the state and leaving the highway right-of-way. The prime contractor shall be responsible for compliance and implementation of the PPP for their entire contract. This responsibility shall be further shared with subcontractors whose work is a source of potential pollution as defined in this PPP. 1. ROLES AND RESPONSIBILITIES Designer: Prepares Base PPP included in the project plan. - Prepares Notice of Intent(NOI) submitted to Iowa DNR. - Signature authority on the Base PPP and NOI. Contractor/Subcontractor: - Affected contractors/subcontractors are co-permittees with the IDOT and will sign a certification statement adhering to the requirements of the NPDES permit and this PPP plan. - All co-permittees are legally required under the Clean Water Act and the Iowa Administrative Code to ensure compliance with the terms and conditions of this PPP. - Submit a detailed schedule according to Article 2602 of the Specifications and any additional plan notes. -- - Install and maintain appropriate controls. - Supervise and implement good housekeeping practices. Conduct joint required inspections of the site with inspection staff. — - Signature authority on Co-Permittee Certification Statements and storm water inspection reports. RCE/Inspector: - Update PPP whenever there is a change in design, construction, operation or maintenance, which has a significant effect on the discharge of pollutants from the project. Maintain an up-to-date list that identifies contractors and subcontractors as co- - perm ittees. - Make these plans available to the DNR upon their request. - Conduct joint required inspections of the site with the contractor/subcontractor. Complete an inspection report after each inspection. - Signature authority on storm water inspection reports and Notice of Discontinuation (NOD). 2. PROJECT SITE DESCRIPTION This Pollution Prevention Plan (PPP) is for the construction of Midport Boulevard Extension Phase II in Waterloo, Iowa. This PPP covers approximately 3.0 acres with an estimated 3.0 acres being disturbed. The portion of the PPP covered by this contract has 3.0 acres disturbed. The PPP is located in an area of one soil association (Kenyon-Floyd-Clyde). The estimated average SCS runoff curve number for this PPP after completion will be 72. Storm Water Site Map: - Multiple sources of information comprise the base storm water site map including: - Drainage patterns— Plan and Profile sheets and Situation plans. Proposed Slopes—Cross Sections. PPP-1 MidPortBlvd Phase II 60189781.13 - Areas of Soil Disturbance-Construction limits shown on Plan and Profile sheets. - Location of Structural Controls-Tabulations on C sheets. -' - Locations of Non-structural Controls-Tabulations on C sheets. - Locations of Stabilization Practices-generally within construction limits shown on Plan and Profile sheets. - Surface Waters (including wetlands)- Plan and Profile sheets. - Locations where storm water is discharged-Plan and Profile sheets. The base site map is amended by contract modifications and progress payments of completed erosion control work. Runoff from this work will flow into storm sewer piping and roadway drainage ditches along Midport Boulevard to Airline Highway ditches to an unnamed drainageway and ultimately to the Cedar River. 3. CONTROLS ' The contractor's work plan and sequence of operations specified in Article 2602.03 for accomplishment of storm water controls should clearly describe the intended sequence of major activities and for each activity define the control measure and the timing during the construction process that the measure will be implemented. Preserve vegetation in areas not needed for construction. Sections 2601 and 2602 of the Standard Specifications define requirements to implement erosion and sediment control measures. Actual quantities used may vary from the Base PPP and amendment of the plan will be documented via field book entries or by contract modification. Additional erosion and sediment control items may be required as determined by the inspector and/or contractor during storm water monitoring inspections. If the work involved is not applicable to any contract items, the work will be paid for according to Article 1109.03 paragraph B. A. EROSION AND SEDIMENT CONTROLS 1. Stabilization Practices -Site plans will ensure that existing vegetation is preserved where attainable and disturbed portions of the site will be stabilized. Stabilization measures shall be initiated as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased. Temporary stabilizing seeding shall be completed as the disturbed areas are constructed. If construction activity is not planned to occur in a disturbed area for at least 21 days, the area shall be stabilized by temporary seeding or mulching within 14 days. Other stabilizing methods shall be used outside the seeding time period. Stabilization measures to be used for this project are located in the Estimated Project Quantities (100-1A) and Estimate Reference Information (100-4A) located on the C sheets of the plan. Additional items may be found in the Inspector's Daily Reports (IDR)or Contract Modifications. 2. Structural Practices -Structural practices will be implemented to divert flows from �- exposed soils and detain or otherwise limit runoff and the discharge of pollutants from exposed areas of the site. PPP-2 MidPortBlvd Phase II 60189781.13 Structural items to be used for this project are located in the Estimated Project -- Quantities (100-1A)and Estimate Reference Information (100-4A) located on the C sheets of the plan, as well as all other item specific Tabulations. Typical drawings detailing construction of the devices to be used on this project can be found on the B sheets of the plan or are referenced in the Standard Road Plans Tabulation. 3. Storm Water Management- Measures shall be installed during the construction process to control pollutants in storm water discharges that will occur after construction operations have been completed. The installation of these devices may be subject to Section 404 of the Clean Water Act. B. OTHER CONTROLS Contractor disposal of unused construction materials and construction material wastes shall comply with applicable state and local waste disposal, sanitary sewer, or septic system regulations. In the event of a conflict with other governmental laws, rules and regulations, the more restrictive laws, rules or regulations shall apply. 1. Vehicle Entrances and Exits -Construct and maintain entrances and exits to prevent tracking of sediments onto roadways. -- 2. Material Delivery, Storage and Use- Implement practices to prevent discharge of construction materials during delivery, storage, and use. 3. Stockpile Management- Install controls to reduce or eliminate pollution of storm water from stockpiles of soil and paving. 4. Waste Disposal - Do not discharge any materials, including building materials, into waters of the state, except as authorized by a Section 404 Permit. 5. Spill Prevention and Control - Implement procedures to contain and clean-up spills and prevent material discharges to the storm drain system and waters of the state. 6. Concrete Residuals and Washout Wastes - Designate temporary concrete washout facilities for rinsing out concrete trucks. Provide directions to truck drivers where designated washout facilities are located. 7. Vehicle and Equipment Cleaning - Employ washing practices that prevent contamination of surface and ground water from wash water. 8. Vehicle and Equipment Fueling and Maintenance- Perform on site fueling and maintenance in accordance with all environment laws such as proper storage of onside fuels and proper disposal of used engine oil or other fluids on site. 9. Litter Management- Ensure employees properly dispose of litter. C. APPROVED STATE OR LOCAL PLANS During the course of this construction, it is possible that situations will arise where unknown materials will be encountered. When such situations are encountered, they will be handled according to all federal, state, and local regulations in effect at the time. PPP-3 MidPortBlvd Phase II 60189781.13 4. MAINTENANCE PROCEDURES —' The contractor is required to maintain all temporary erosion and sediment control measures in proper working order, including cleaning, repairing, or replacing them throughout the contract period. This shall begin when the features have lost 50% of their capacity. 5. INSPECTION REQUIREMENTS Inspections shall be made jointly by the contractor and the contracting authority at least once every seven calendar days and after each rain event that is %2" or greater. Storm water monitoring inspections will include: _ - Date of the inspection. - Summary of the scope of the inspection. - Name and qualifications of the personnel making the inspection. - Rainfall amount. - Review erosion and sediment control measures within disturbed areas for the effectiveness in preventing impacts to receiving waters. _ - Major observations related to the implementation of the PPP. - Identify corrective actions required to maintain or modify erosion and sediment control measures. - Verify that locations where vehicles enter or exit the site control offsite sediment tracking. Include storm water monitoring inspection reports in the Amended PPP. Incorporate any additional erosion and sediment control measures determined as a result of the inspection. Immediately begin corrective actions on all deficiencies found and complete all actions within 3 calendar days of the inspection. 6. NON-STORM WATER DISCHARGES This includes subsurface drains (i.e. longitudinal and standard subdrains)and slope drains. The velocity of the discharge from these features may be controlled by the use of patio blocks, Class A stone, erosion stone or other appropriate materials. 7. POTENTIAL SOURCES OF OFF RIGHT-OF-WAY(ROW) POLLUTION Silts, sediment, and other forms of pollution may be transported onto highway right-of-way(ROW) as a result of a storm event. Potential sources of pollution located outside highway ROW are beyond the control of this PPP. Pollution within highway ROW will be conveyed and controlled per this PPP. 8. DEFINITIONS Base PPP- Initial Pollution Prevention Plan. Amended PPP- May include Plan Revisions or Contract Modifications for new items and field book entries made by the inspector. IDR- Inspector's Daily Report—this contains the inspector's daily diary and item postings. Controls - Methods, practices, or measures to minimize or prevent erosion, control sedimentation, control storm water, or minimize contaminants from other types of waste or materials. Signature Authority- Representative from Designer, Contractor/Subcontractor, or RCE/Inspector authorized to sign various storm water documents. PPP-4 MidPortBlvd Phase II 60189781.13 9. SEQUENCE OF POLLUTION PREVENTION ACTIVITY a. Install Erosion Control Measures (silt fence, silt basins, wattles, etc.) b. Remove ground cover/topsoil on areas as necessary for sewer construction. c. Stage excavation to reduce open ground areas. d. Complete sewer construction and immediately follow with final topsoil placement. e. Install temporary stabilization mix or permanent seeding/mulching ground cover depending on specified allowable seed application dates and provisions of Pollution Prevention Plan. f. Throughout construction, maintain silt fence. g. After permanent ground cover has been established, remove silt fence. h. Repeat above sequence as ground cover is removed by subsequent construction activity. i. File a notice of discontinuation of construction activity. PPP-5 MidPortBlvd Phase II 60189781.13 Geotechnical EngineeringReport Midport Boulevard Extension Waterloo, Iowa February 2, 2011 Terracon Project No. 13105115.01 Prepared for: AECOM Technical Services, Inc Waterloo, Iowa Prepared by: Terracon Consultants, Inc. Cedar Falls, Iowa Offi ces ces Nationwide Established in 1965 11 _!rrar'1 Employee-Owned terracon.com Geotechnical a Environmental a Construction Materials 0 Facilities February 2, 2011 lr AECOM Technical Services, Inc. rraco n 501 Sycamore Street, Suite 522 PO Box 1497 Waterloo, Iowa 50704-1497 Attn: Mr. Doug Schindel, P.E., Senior Project Manager P: [319] 232 6531 _ F: [319] 232 0271 E: doug.schindel@aecom.com Re: Geotechnical Engineering Report Midport Boulevard Extension Waterloo, Iowa Terracon Project Number: 13105115.01 Dear Mr. Schindel: Terracon Consultants, Inc. (Terracon) has completed the geotechnical engineering services for the above referenced project. This study was performed in general accordance with our proposal number CF10383 dated November 19, 2010. This report presents the findings of the subsurface exploration and provides geotechnical recommendations for pavement subgrade preparation for the proposed project. We appreciate the opportunity to be of service to you on this project. If you have any questions concerning this report, or if we may be of further service, please contact us. Sincerely, Terracon Consultants, Inc. • Jason P. Heinz, P.E. Eric H. Lidholm, P.E. Iowa No. 18346 Senior Principal Enclosures cc: 3—Client 1 —Client(electronic-PDF) 1 —File Terracon Consultants,Inc. 6612 Chancellor Drive, Ste, 102 Cedar Falls,Iowa 50613 P 1319)277 4016 F 1319)277 4320 terracon.com Gnotechnical • Fnvironmental • Construction Materials Facilities TABLE OF CONTENTS Page EXECUTIVE SUMMARY 1.0 INTRODUCTION 1 — 2.0 PROJECT INFORMATION 1 2.1 Project Description 1 2.2 Site Location and Description 2 3.0 SUBSURFACE CONDITIONS 2 3.1 Pedology 2 3.2 Typical Profile 2 — 3.3 Groundwater 3 4.0 RECOMMENDATIONS FOR DESIGN AND CONSTRUCTION 4 4.1 Geotechnical Considerations 4 — 4.2 Earthwork 4 4.2.1 Stripping 4 4.2.2 Pavement Subgrade Preparation 4 ` 4.2.3 Structural Fill Material Requirements 5 4.2.4 Structural Fill Material Compaction Requirements 6 4.2.5 Grading and Drainage 6 — 4.2.6 Construction Considerations 7 5.0 GENERAL COMMENTS 7 APPENDIX A— FIELD EXPLORATION Exhibit A-1 Site Location Map Exhibit A-2 Boring Location Diagram Exhibits A-3 to A-6 Logs of Borings Exhibit A-7 Field Exploration Description APPENDIX B —SUPPORTING INFORMATION Exhibit B-1 Laboratory Testing APPENDIX C —SUPPORTING DOCUMENTS Exhibit C-1 General Notes Exhibit C-2 Unified Soil Classification System Responsive ■ Resourceful ■ Reliable Geotechnical Engineering Report lierracon Midport Boulevard Extension * Waterloo, Iowa February 2, 2011 w Terracon Project No. 13105115.01 EXECUTIVE SUMMARY A geotechnical investigation has been performed for the proposed Midport Boulevard extension to extend north and west from Airline Highway, beginning approximately 1,000 feet west of its intersection with Wagner Road in Waterloo, Iowa. Four (4) borings designated Nos. 1 through 4 were performed to depths of approximately 10 feet below existing grades along the proposed roadway alignment. Based on the results of the subsurface exploration and laboratory testing, it is our opinion that the site can be developed for the proposed project. The following geotechnical considerations were identified: • The presence of relatively thick, partly organic soil at the surface of the site • The presence of lower strength soils • The non-organic, on-site soils appear suitable for use as compacted structural fill beneath the pavement sub-base and base course. • Close monitoring of the construction operations discussed herein will be critical in achieving the design subgrade support. We therefore recommend that the Terracon be retained to monitor this portion of the work. This summary should be used in conjunction with the entire report for design purposes. It should be recognized that details were not included or fully developed in this section, and the report must be read in its entirety for a comprehensive understanding of the items contained herein. The section titled GENERAL COMMENTS should be read for an understanding of the report limitations. 7 Responsive in Resourceful ■ Reliable GEOTECHNICAL ENGINEERING REPORT MIDPORT BOULEVARD EXTENSION WATERLOO, IOWA -- Terracon Project No. 13105115.01 February 2, 2011 1.0 INTRODUCTION A geotechnical engineering report has been completed for the proposed Midport Boulevard extension. The new roadway is planned to extend north and west from Airline Highway, beginning approximately 1,000 feet west of its intersection with Wagner Road in Waterloo, Iowa. Four (4) borings designated Nos. 1 through 4 were performed to depths of approximately 10 feet below existing grades along the proposed alignment. Logs of the borings along with a Site Location Map and a Boring Location Diagram are included in Appendix A of this report. The purpose of our services is to provide information and geotechnical engineering recommendations relative to: subsurface soil conditions pavement subgrade preparation groundwater conditions 2.0 PROJECT INFORMATION 2.1 Project Description ITEM DESCRIPTION Site layout See Appendix A, Exhibit A-2: Boring Location Diagram Structure The project will include new construction of approximately 1,000 feet of Midport Boulevard. The proposed extension is to be graded for 4 lanes, and paved for 2 lanes with Portland cement concrete. A 6-inch thick sub-base and a Pavement construction 6-inch thick base course are planned as part of the section. The provision of a geogrid is also provided between the sub-base and the subgrade. The extension is also planned to include concrete curbs and gutters and longitudinal subdrains. Plan and profile drawings were not provided. We therefore Grading assumed that grades will be increased by as much as 2 feet to establish the design vertical alignment. Maximum cut and fill slopes 3H:1V(Horizontal:Vertical)(assumed) Reliable a Responsive a Convenient a l; 1 Geotechnical Engineering Report lierracon Midport Boulevard Extension •Waterloo, Iowa February 2, 2011 ■Terracon Project No. 13105115.01 ITEM DESCRIPTION Free-standing retaining walls None anticipated Below grade areas None anticipated 2.2 Site Location and Description ITEM DESCRIPTION This project will extend approximately 1,000 feet north and west Location from Airline Highway, beginning approximately 1,000 feet west of its intersection with Wagner Road in Waterloo, Iowa. Existing improvements We understand that underground utilities are present in the vicinity of the proposed alignment of the roadway extension. Current ground cover The site was covered by snow at the time of the field exploration. Existing topography ' The site is relatively flat. 3.0 SUBSURFACE CONDITIONS 3.1 Pedology The project site is located in east central Black Hawk County, Iowa. Pedalogic information from the Soil Survey of Black Hawk County maintained by the United States Department of Agriculture Natural Resources Conservation Service Web Soil Survey (WSS online) presents that the primary soil unit at the project site is Waukee loam. The WSS indicates this soil unit is typically located on toe-slopes of stream terraces. The following table summarizes the properties and qualities of this soil unit as described by the Web Soil Survey. Soil Name Parent Material Drainage Class Flooding Depth to Seasonal Frequency High Water Table Loamy alluvium Waukee over sandy and Well drained None >80 inches gravelly alluvium 3.2 Typical Profile Based on the results of the borings, subsurface conditions on the project site can be generalized as follows: Responsive • Resourceful • Reliable 2 Geotechnical Engineering Report lierracon Mid port Boulevard Extension•Waterloo, Iowa February 2, 2011 •Terracon Project No. 13105115.01 Stratum Approximate Depth to Material Description Consistency! Bottom of Stratum(feet) j Density Surface 1/2 to 1 Topsoil N/A Sandy lean clay to Clayey fine to 1 2 to 3 medium sand with varying amounts of Loose organics Fine to coarse sand with varying 2 Undetermined' amounts of clay and gravel, and Clayey Very Loose to fine to coarse sand with varying Medium Dense amounts of gravel 1. The borings were terminated at their planned depth within this stratum. Conditions encountered at each boring location are indicated on the individual boring logs. Stratification boundaries on the boring logs represent the approximate location of changes in soil types; in situ, the transition between soils may be gradual. Details for each of the borings can be found on the boring logs in Appendix A of this report. 3.3 Groundwater The boreholes were observed while drilling and after completion for the presence and level of groundwater. Groundwater.was not observed in the borings during drilling or for the short amount of time the borings were allowed to remain open following the completion of drilling. Groundwater level observations made within boreholes in granular deposits are usually a reliable indication of the current groundwater conditions. Long term observations in piezometers or observation wells sealed from the influence of surface water would be required to provide a better evaluation of groundwater conditions in the borings performed for this project. As mentioned in section 3.1 Pedology, the USDA NRCS, indicates that seasonally high groundwater levels are greater than 80 inches below the ground surface. Groundwater level fluctuations occur due to seasonal variations in the amount of rainfall, runoff and other factors not evident at the time the borings were performed. Therefore, groundwater levels during construction or at other times during the life of the pavement may be higher or lower than the levels indicated on the boring logs. The possibility of groundwater level fluctuations should be considered when developing the design and construction plans for the project. Responsive• Resourceful ■ Reliable 3 Geotechnical Engineering Report lierracon Midport Boulevard Extension •Waterloo, Iowa February 2, 2011 •Terracon Project No. 13105115.01 4.0 RECOMMENDATIONS FOR DESIGN AND CONSTRUCTION 4.1 Geotechnical Considerations Based on the results of the subsurface exploration and laboratory testing and observations, it is our opinion that following the removal of unsuitable, surficial organic soil, and improvement of the exposed subgrade, the soil conditions are generally favorable for the construction proposed. The primary geotechnical considerations for this project are the following: The presence of relatively thick, partly organic soil at the surface of the site The presence of lower strength soils A relatively thick, partly organic layer was encountered beneath the topsoil layer in the borings that extended to about 2 to 3 feet below existing grades. The organic content of this stratum should be further evaluated during site preparation to determine if additional stripping will be required. These soil types are generally of lower strength, frost-susceptible, and more sensitive to disturbance from construction activities. We recommend that construction operations be performed in a manner that minimizes construction traffic directly over the soil subgrade. After stripping of topsoil, the suitability, uniformity, and stability of the subgrade should be evaluated. If encountered, soils with organic contents above 5 percent should be removed and replaced with suitable, structural fill placed with moisture and density control. We recommend that the geotechnical engineer be retained to evaluate the exposed subgrade after stripping and prior to the placement of new structural fill that will support the pavement. 4.2 Earthwork New 4.2.1 Stripping In preparing the site for construction, all deleterious materials such as vegetation, organic soil, or loose, soft, frozen or otherwise unsuitable materials should be removed from the proposed pavement areas. Based on the conditions encountered in the borings, stripping depths of about 6 to 12 inches should be expected. It is important to note that due to the presence of partly organic, B-Horizon soils below the surficial topsoil layer, stripping depths could vary along the alignment. 4.2.2 Pavement Subgrade Preparation After the removal of any deleterious materials, and prior to the placement of new structural fill in Nome areas below design grade, the subgrade should be proofrolled with a heavy smooth drum roller. Special attention should be given to high traffic areas that were rutted and disturbed during utility construction and to areas where backfilled trenches are present. Proofrolling subgrade soils should help to delineate soft or disturbed areas that may exist at shallow depths below subgrade levels. Moist, sand subgrades should be surficially compacted with a heavy, vibratory Responsive • Resourceful ■ Reliable 4 Geotechnical Engineering Report lierracon Midport Boulevard Extension •Waterloo, Iowa February 2, 2011 in Terracon Project No. 13105115.01 steel-drum roller and clayey subgrades should be compacted with a sheepsfoot or pneumatic- tired roller. If unsuitable areas are observed during this process, subgrade improvement will then be necessary to establish a suitable subgrade support condition; especially during wet or cool periods of the year. Methods of subgrade improvement could include scarification, moisture conditioning, and recompaction, and/or the removal of unstable materials and replacement with granular fill (with or without geosynthetics). The appropriate method of improvement, if required, would be dependent on factors such as schedule, weather, the size of area to be stabilized, and the nature of the instability. More detailed recommendations can be provided during construction as the need for subgrade improvement occurs. Performing site grading operations during warm seasons and dry periods would help reduce the amount of corrective earthwork required. Scarification and Recompaction - It may be feasible to scarify, moisture condition (e.g. dry or moisten), and recompact the exposed soils. The success of this procedure would depend primarily upon favorable weather and sufficient time to dry the soils. Even with adequate time and favorable weather, stable subgrades may not be achieved if the thickness of the unstable material is greater than about 1 to 1'/2 feet. - Crushed Stone/Aggregate - The use of crushed stone, crushed concrete, and/or crushed gravel could be considered to improve subgrade stability. Typical undercut depths would range from about '/ to 1 foot. The use of geogrid for this project should help provide a more stable sub-base and base course section and its inclusion in the pavement section should be considered prior to corrective earthwork measures. Geogrid placement should not occur until after underground utility construction and longitudinal subdrain installations are complete. We recommend that equipment not be operated above the fabric or geogrid until one full lift of crushed stone fill is placed above it. The maximum particle size of granular material placed over geotextile fabric or geogrid generally should not exceed 1% inches. Granular gradation requirements provided by the geosynthetic product manufacturer should be verified prior to material purchase and delivery to the site. -- A Terracon representative should observe subgrade preparation and could assist in developing appropriate stabilization procedures based on conditions encountered during construction. 4.2.3 Structural Fill Material Requirements Compacted structural fill that will support the pavement for this project should meet the following material property requirements: Fill Type 1 USCS Classification Acceptable Location for Placement Imported, low-plasticity, CL,CUSC fine-grained soil (LL 5 45 and PI s 23) Below the pavement sub-base and base course 5 Geotechnical Engineering Report 1t�rr�c®n Midport Boulevard Extension •Waterloo, Iowa February 2, 2011 •Terracon Project No. 13105115.01 Granular SP,SW,GP,GW Below the pavement sub-base and base course On-site soils 2 CL,CL/SC, SC Below the pavement sub-base and base course 1. Compacted structural fill should consist of low-plasticity soil or granular material free of organic matter and debris. Frozen material should not be used, and fill should not be placed on a frozen subgrade. Each proposed fill material should be sampled and evaluated by Terracon prior to its delivery and use for this project. 2. Based on laboratory testing and observations of recovered samples, the non-organic on-site soils _ appear suitable for use as structural fill. For this project, we recommend that soils with organic contents of 5%or less be considered suitable for use as structural fill. Some moisture conditioning could be required to achieve project compaction requirements. 4.2.4 Structural Fill Material Compaction Requirements ITEM DESCRIPTION �. 9 inches or less in loose thickness when heavy, self- propelled compaction equipment is used Fill Lift Thickness 4 to 6 inches in loose thickness when hand-guided equipment(i.e.jumping-jack or plate compactor)is used 98% of the material's maximum dry density value as Minimum Compaction Requirement 1'2 determined by ASTM Standard Test Method D698 Pavement Sub-base and Base course 70% of material's maximum density value per ASTM Standard Test Methods D4253 and D4254 95% of the material's maximum dry density value as Minimum Compaction Requirement 1'2 determined by ASTM Standard Test Method D698 Upper 8" of Pavement Subgrade 65% to 70% of material's maximum density value per ASTM Standard Test Methods D4253 and D4254 Moisture Content of Cohesive Soil -2% to +3% of the optimum moisture content as determined by ASTM Standard Test Method D698 Moisture Content of Granular Material 3 Generally-3% to +3%of the optimum moisture content as determined by ASTM Standard Test Method D698 1. We recommend that compacted structural fill be tested for moisture content and compaction during placement. Should the results of the in-place density tests indicate the specified moisture or compaction limits have not been met, the area represented by the test should be reworked and retested as required until the specified moisture and compaction requirements are achieved. 2. If granular material is a coarse sand or gravel, is of uniform size, or has a low fines content, compaction comparison to relative density may be more appropriate. 3. The gradation of a granular material affects its stability and the moisture content required for proper Immo compaction. 4.2.5 Grading and Drainage Adequate drainage should be provided on the site to reduce the impact of water on the pavement subgrade. Excessive moisture can significantly reduce a soil's support capability and Responsive■ Resourceful • Reliable 6 Geotechnical Engineering Report lierracon Midport Boulevard Extension •Waterloo, Iowa February 2, 2011 ■Ten-acon Project No. 13105115.01 contribute to soft subgrades and settlement. During earthwork operations, exposed subgrades should be properly sloped to provide rapid drainage so that saturation of the subgrades can be minimized. However, the soil types observed in the borings are easily eroded by surface water, so appropriate erosion control measures should be provided. All surface water that accumulates on the pavement subgrade should be removed as soon as possible. 4.2.6 Construction Considerations On most project sites, the site grading is generally accomplished early in the construction phase. However as construction proceeds, the subgrade may be disturbed due to utility excavations, construction traffic, desiccation, rainfall, etc. As a result, the pavement subgrade may not be suitable for placement of the aggregate base course and corrective action will be required. Terracon should be retained during the construction phase of the project to observe earthwork _ operations and to perform necessary tests and observations during subgrade preparation, proofrolling, placement and compaction of structural fill, backfilling of excavations, if any, and just prior to construction of pavements. 5.0 GENERAL COMMENTS Terracon should be retained to review the final design plans and specifications so comments can be made regarding interpretation and implementation of our geotechnical recommendations in the design and specifications. Terracon also should be retained to provide observation and testing services during grading, excavation, foundation construction and other earth-related construction phases of the project. The analysis and recommendations presented in this report are based upon the data obtained from the borings performed at the indicated locations and from other information discussed in this report. This report does not reflect variations that may occur between borings, across the site, or due to the modifying effects of construction or weather. The nature and extent of such variations may not become evident until during or after construction. If variations appear, we should be immediately notified so that further evaluation and supplemental recommendations can be provided. The scope of services for this project does not include either specifically or by implication any environmental or biological (e.g., mold, fungi, bacteria) assessment of the site or identification or prevention of pollutants, hazardous materials or conditions. If the owner is concerned about the potential for such contamination or pollution, other studies should be undertaken. This report has been prepared for the exclusive use of our client for specific application to the project discussed and has been prepared in accordance with generally accepted geotechnical { Responsive • Resourceful • Reliable 7 U 1 Geotechnical Engineering Report li Midport Boulevard Extension ■Waterloo, Iowa erracon February 2, 2011 ■ Terracon Project No. 13105115.01 engineering practices. No warranties, either express or implied, are intended or made. Site safety, excavation support, and dewatering requirements are the responsibility of others. In the event that changes in the nature, design, or location of the project as outlined in this report are planned, the conclusions and recommendations contained in this report shall not be considered valid unless Terracon reviews the changes and either verifies or modifies the conclusions of this report in writing. vi ; ; ,sto- I hereby certify that this engineering document was prepared by me or >"'� "fir under my direct personal supervision and that I am a duly licensed .• "'"'••., 2p4. Professional Engineer under the laws of the State of Iowa. JASON p �. • hr phi 2.Z./( i0 ,$5 o' J on-Patrick Hein , .E. Date My license renewal date is December 31,2012. Responsive * Resourceful * Reliable 8 L� L; APPENDIX A FIELD EXPLORATION r x !, • w fr 1 '. &URTCNU_AV§E _ i ' SUR ... a_ w 1 F_ mot`'' Hh .1.; frs 1 Q j ao p WAGNER_R[7 ' ,' U W Ei - � o� , w w ' W (n Q O t F 0 `yj �/ N V' _ w. ' w .ram $5 = - C o t r t V n 00.0 1 .,. i ' Q Ua f2k, . U ..� ar- f r ...fM�1 Y '; tea;« y J. 2 .. y k?CC1 o LL tn a �,g - w d d m ca m ELP�tia 00EI A' F. u o 'i r- \\'' w " a _ . ....c4 \4 tir :1-: 1 t13: ,L:\\\„:4„,...*,„c',....,..-7--17L-.... } ..., 4. r /41NST 9 W_AVERLY RD '13 i'/IF . I uj . i / b — L...:1 1 -)'g : , , t z 04 .Q ...',_: :-... .., ...... , Z .e CZ)VJ } Q• I- _ - X _ o W =a W?� _0 X �- , I- > Q°o - W ~ O �w a mod — z I--CE /- Ce ' • Q0. z o ... ilk m • m m • �• . ` / . C 2 a o J U. / / i �' :♦, F,..k i k., :Zf S , l rot o w C W N ik ,++y5 T 1 a o < m ot R, z' ..r r g o ,� el , 'o 3 Z gm 8 rf LU a s m w w #,Y Y 'o ' -,. • w - - a v E ny o 6CX. am3 c {* = 0 00 o0 a c . ° `o — a.ci .0v c TT E Z L a< rno s r LOG OF BORING NO, 1 Page 1 of 1 CLIENT AECOM JOB ID NO. 6t}189781 AECOM Technical Services SITE Airline Highway PROJECT Waterloo, Iowa Proposed Midport Boulevard Extension Boring Location: Sta.239+50(23.5 RT.) SAMPLES TESTS - DESCRIPTION co >- us w >r z to cc z 2z z Approx.Surface Elevation.:862.0 ft o S z u in 3 o a CO . `' Approx 12"Topsoil PA 861 VERY SANDY LEAN CLAY, TRACE ORGANICS, CUSC 1 SS 18 7 28 Dario Brown, Loose 2.5 859.5 •: PA FINE TO MEDIUM SAND, 8PISC 2 SS 18 5 7 •:• WITH CLAY SEAMS, 5— Brown, Loose PA SP 3 SS 14 5 6 ;•a/10 852 10 BOTTOM OF BORING 8 � 1 2 - The stratification lines represent the approximate boundary lines 'Calibrated Hand Penetrometer o between soil and rock types: in-situ,the transition may be gradual. "CME 140 lb.SPT automatic hammer WATER LEVEL OBSERVATIONS,ft BORING STARTED 1-17-11 WL Q None WD 1 BORING COMPLETED 1-17-11 o WL Y lierracon RIG # 14e FOREMAN WE WL JOB# 13105115� LOG OF BORING NO. 2 Page 1 of 1 CLIENT AECOM JOB ID NO. AECOM Technical Services 60189781 SITE Airline Highway PROJECT Waterloo,Iowa Proposed Midport Boulevard Extension Boring Location: Sta. 242+00(23.5 RT.) SAMPLES TESTS J C o DESCRIPTION z i >. ix t ~ E z� Q W W z Z u. E - v) m W 0 zN WI-- = oZ W w 0i o w a0 a0 a'G z- o Approx. Surface Elevation.:863.5 ft o D Z - x v)oo 0 o a D'6 :• 0.5 Approx 6"Topsoil 863 PA 0 CLAYEY FINE TO MEDIUM SAND, TRACE ORGANICS, SC 1 SS 17 11 11 j Dark Brown, Medium Dense _ // 860.5 ;lam` PA fj SC 2 SS 16 4 11 CLAYEY FINE TO COARSE SAND, 5— TRACE GRAVEL, — • Brown, Very Loose to Loose PA /..../ — •: _^SC 3 SS 16 2 15 ',//,i 10 853.5 10 BOTTOM OF BORING 2 Z i The stratification tines represent the approximate boundary lines *Calibrated hand Penetrometer between soil and rock types: in-situ,the transition may be gradual. "CME 140 lb.SPT automatic hammer N WATER LEVEL OBSERVATIONS,ft BORING STARTED 1-17-11 WL None WD 1 BORING COMPLETED 1-17-11 d WL err ac on RIG # 14e FOREMAN WE c' WL JOB# 13105115 LOG OF BORING NO. 3 Page 1 of 1 CLIENT AECOM JOB ID NO. 60189781 AECOM Technical Services SITE Airline Highway PROJECT Waterloo,Iowa Proposed Midport Boulevard Extension Boring Location: Sta.244+50(23.5 RT.) SAMPLES TESTS w 0 JO c w n DESCRIPTION r z ti h i z N m 0 , ultH D 0ui (9rt Approx.Surface Elevation.:862.5 ft o ; z a Cl)a m V 0 o_ D ti-) ;'—'..`` Approx 10"Topsoil PA ii.-L 0.8 861.5 `/I�f SANDY LEAN CLAY TO CLAYEY FINE — TO MEDIUM SAND, �2 Dark Brown 860.5 — CL 1 ST 18 13 8 — 8 f r _ PA CLAYEY FINE TO MEDIUM SAND, TRACE GRAVEL, SC 2 SS 5 4 4 Brown, Loose 5— 4 PA _SC 3 SS 6 4 6 10 852.5 10 BOTTOM OF BORING a ca z . i I 1- The stratification lines represent the approximate boundary lines 'Calibrated Hand Penetrometer — g between soil and rock types: in-situ,the transition may be gradual. "CME 140 lb.SPT automatic hammer N WATER LEVEL OBSERVATIONS, ft BORING STARTED 1-10-11 m WL None WD X None AB BORING COMPLETED 1-10-11 WL lierracon RIG # 14e FOREMAN RF "`WL DCI @ 10 ft. 1/10/2011 JOB# 131051155 LOG OF BORING NO. 4 Page 1 of 1 CLIENT AECOM JOB ID NO. AECOM Technical Services 60189781 SITE Airline Highway PROJECT Waterloo,Iowa Proposed Midport Boulevard Extension Boring Location: Sta.247+00(23.5 RT.) SAMPLES TESTS o in o DESCRIPTION m r 0 4- a X�,t t 12 t ri:r-- 1 t!) W 7 Zv) Q'w Z Zz a. ()) 2 w o F-Z D vow Approx.Surface Elevation.:862.5 ft o S Z ° w Q o Q 8 o Z a pp v)m �v o sa ocn — `` Approx 12"Topsoil - PA f.,.,Tr, — p 1 861.5 SANDY LEAN CLAY TO CLAYEY FINE TO MEDIUM SAND,TRACE ORGANICS, SC 1 ST 12 14 i — 2 5 Dark Brown 860 7 • PA 4 CLAYEY FINE TO COARSE SAND, SC 2 SS 7 8 14 Brown, Loose 5= 0 — PA ./:Oj :..: - _SC 3 SS 6 4 10 it.Z.—/: 10 852.5 10 BOTTOM OF BORING i 0 U' i 1 The stratification lines represent the approximate boundary lines 'Calibrated Hand Penetrometer between soil and rock types: in-situ,the transition may be gradual. "CME 140 lb.SPT automatic hammer i WATER LEVEL OBSERVATIONS, ft BORING STARTED 1-10-11 WL None WD ! None AB BORING COMPLETED 1-10-11 •$ WL 7 err aco RIG # 14e FOREMAN RF $ WL DCI @ 10 ft. 1/10/2011 JOB# 13105115 Geotechnical Engineering Report 11''rracon Midport Boulevard Extension *Waterloo, Iowa ( February 2,2011 *Terracon Project No. 13105115 Field Exploration Description The proposed boring locations were staked in the field by the client prior to the arrival of the drill crew. Ground surface elevations indicated on the boring logs were provided by the client. The elevations are rounded to the nearest '/2 foot. The locations and elevations of the borings should be considered accurate only to the degree implied by the means and methods used to define them. The borings were drilled with a rotary drill rig using continuous flight solid-stem augers to advance the boreholes. Samples of the soil encountered in the borings were obtained using the split-barrel and thin-walled tube sampling procedures. In the split-barrel sampling procedure, the number of blows required to advance a standard 2- inch O.D. split-barrel sampler the last 12 inches of the typical total 18-inch penetration by means of a 140-pound hammer with a free fall of 30 inches, is the standard penetration resistance value (SPT-N). This value is used to estimate the in situ relative density of cohesionless soils and consistency of cohesive soils. A CME automatic SPT hammer was used to advance the split-barrel sampler in the borings performed on this site. A significantly greater efficiency is achieved with the automatic hammer compared to the conventional safety hammer operated with a cathead and rope. This higher efficiency has an appreciable effect on the SPT-N value. The effect of the automatic hammer's efficiency has been considered in the interpretation and analysis of the subsurface information for this report. In the thin-walled tube sampling procedure, a thin-walled, seamless steel tube with a sharp 0,4 cutting edge is pushed hydraulically into the soil to obtain a relatively undisturbed sample. The samples were tagged for identification, sealed to reduce moisture loss, and taken to our laboratory for further examination, testing, and classification. Information provided on the boring logs attached to this report includes soil descriptions, consistency evaluations, boring depths, sampling intervals, and groundwater conditions. The borings were backfilled with auger cuttings prior to the drill crew leaving the site. A field log of each boring was prepared by the drill crew. These logs included visual classifications of the materials encountered during drilling as well as the driller's interpretation of 1 the subsurface conditions between samples. Final boring logs included with this report represent the engineer's interpretation of the field logs and include modifications based on laboratory observation and tests of the samples. • I Responsive • Resourceful • Reliable Exhibit A-7 Geotechnical Engineering Report Irerracon ,.� Midport Boulevard Extension Waterloo, Iowa February 2, 2011 is Terracon Project No. 13105115 Laboratory Testing Soil samples were tested in the laboratory to measure their natural water content' The test results are provided on the boring logs included in Appendix A. owl Descriptive classifications of the soils indicated on the boring logs are in accordance with the enclosed General Notes and the Unified Soil Classification System. Also shown are estimated Unified Soil Classification Symbols. A brief description of this classification system is attached to this report. All classification was by visual manual procedures. 411 -I I 1 Responsive• Resourceful s Reliable Exhibit B-1 APPENDIX C SUPPORTING DOCUMENTS GENERAL NOTES DRILLING&SAMPLING SYMBOLS: SS: Split Spoon-1 3/8"I.D.,2"O.D.,unless otherwise noted HS: Hollow Stem Auger ST: Thin-Walled Tube-2"O.D.,3"O.D.,unless otherwise noted PA: Power Auger(Solid Stem) RS: Ring Sampler-2.42"I.D.,3"O.D.,unless otherwise noted HA: Hand Auger DB: Diamond Bit Coring-4",N,B RB: Rock Bit BS: Bulk Sample or Auger Sample WB Wash Boring or Mud Rotary The number of blows required to advance a standard 2-inch O.D. split-spoon sampler (SS) the last 12 inches of the total 18-inch -� penetration with a 140-pound hammer falling 30 inches is considered the"Standard Penetration"or"N-value". WATER LEVEL MEASUREMENT SYMBOLS: WL: Water Level WS: While Sampling BCR: Before Casing Removal WCI: Wet Cave in WD: While Drilling ACR: After Casing Removal DCI: Dry Cave in AB: After Boring N/E: Not Encountered Water levels indicated on the boring logs are the levels measured in the borings at the times indicated. Groundwater levels at other times and other locations across the site could vary. In pervious soils,the indicated levels may reflect the location of groundwater. In low permeability soils,the accurate determination of groundwater levels may not be possible with only short-term observations. DESCRIPTIVE SOIL CLASSIFICATION: Soil classification is based on the Unified Soil Classification System. Coarse Grained Soils have more than 50%of their dry weight retained on a#200 sieve;their principal descriptors are:boulders,cobbles,gravel or sand. Fine Grained Soils have less than 50%of their dry weight retained on a#200 sieve;they are principally described as clays if they are plastic, and silts if they are slightly plastic or non-plastic. Major constituents may be added as modifiers and minor constituents maybe added — according to the relative proportions based on grain size. In addition to gradation,coarse-grained soils are defined on the basis of their in-place relative density and fine-grained soils on the basis of their consistency. — CONSISTENCY OF FINE-GRAINED SOILS RELATIVE DENSITY OF COARSE-GRAINED SOILS Unconfined Standard Penetration Standard Penetration Compressive or N-value(SS) Consistency or N-value(SS) Relative Density Strength,Qu,psf Blows/Ft. Blows/Ft. <500 0-1 Very Soft 0-3 Very Loose 500-1,000 2-4 Soft 4-9 Loose 1,000-2,000 4-8 Medium Stiff 10-29 Medium Dense 2,000-4,000 8- 15 Stiff 30-50 Dense 4,000-8,000 15-30 Very Stiff >50 Very Dense 8,000+ >30 Hard RELATIVE PROPORTIONS OF SAND AND GRAVEL GRAIN SIZE TERMINOLOGY Descriptive Term(s) Percent of Major Component Particle Size of other constituents Dry Weight of Sample Trace <15 Boulders Over 12 in.(300mm) With 15-29 Cobbles 12 in.to 3 in.(300mm to 75mm) Modifier >-30 Gravel 3 in.to#4 sieve(75mm to 4.75mm) Sand #4 to#200 sieve(4.75 to 0.075mm) Silt or Clay Passing#200 Sieve(0.075mm) RELATIVE PROPORTIONS OF FINES PLASTICITY DESCRIPTION Descriptive Term(s) Percent of Term Plasticity of other constituents Dry Weight Index Trace <5 Non-plastic 0 With 5-12 Low 1-10 Modifier > 12 Medium 11-30 High >30 Exhibit C-1 UNIFIED SOIL CLASSIFICATION SYSTEM Criteria for Assigning Group Symbols and Group Names Using Laboratory Tests" Group Soil Classification Symbol Group NameB Gravels: I Clean Gravels: Cu>_4 and 1 5 Cc<3 e -n e GW Well-graded gravel F More than 50%of Less than 5%fines° Cu<4 and/or 1>Cc>3 GP Poorly graded gravel F Ion fraction retained Gravels with Fines: Fines classify as ML or MH GM Silty gravel F,c." Coarse Grained Soils: on No.4 sieve 'More than 12%fines° Fines classify as CL or CH GC Clayey More than 50%retained y y gravel F.c," on No.200 sieve I Sands: (Clean Sands: Cu L.6 and 1 <Cc<3 e SW Well-graded sand 150%or more of coarse Less than 5%fines° Cu<6 and/or 1>Cc>3 e SP Poorly graded sand' fraction passes No.4 Sands with Fines: Fines classify as ML or MH SM 'Silty sand c•"•' sieve More than 12%fines° Fines Classify as CL or CH SC 3 Clayey sand°,",' i Inorganic: PI>7 and plots on or above"A"line" j CL I Lean clay K,L,M Silts and Clays: PI<4 or plots below"A"line" j ML SiltK,L,M Liquid limit less than 50 ' I Liquid limit-oven dried ' <0.75 OL i Organic clay'•'-"" Fine-Grained Soils: 1 Organic: i j 50%or more passes the I Liquid limit-not dried )Organic silt No.200 sieve Inorganic: I PI plots on or above"A"line CH ;Fat clay K,L,M Silts and Clays: i PI plots below"A"line MH 1 Elastic Silt K,L,M Liquid limit 50 or more Liquid limit-oven dried <0.75 OH i Organic clay K.LM•P Organic: i Liquid limit-not dried I Organic silt K°L•M•° Highly organic soils: Primarily organic matter,dark in color,and organic odor PT ]Peat A Based on the material passing the 3-in.(75-mm)sieve " If fines are organic,add"with organic fines"to group name. ...... B If field sample contained cobbles or boulders,or both,add"with cobbles ' If soil contains>15%gravel,add"with gravel"to group name. or boulders,or both"to group name. " If Atterberg limits plot in shaded area,soil is a CL-ML,silty clay. ° Gravels with 5 to 12%fines require dual symbols: GW-GM well-graded K If soil contains 15 to 29%plus No.200,add"with sand"or"with gravel with silt,GW-GC well-graded gravel with clay,GP-GM poorly gravel,"whichever is predominant. graded gravel with silt,GP-GC poorly graded gravel with clay. L If soil contains>_30%plus No.200 predominantly sand,add"sandy" D Sands with 5 to 12%fines require dual symbols: SW-SM well-graded to group name. sand with silt,SW-SC well-graded sand with clay,SP-SM poorly graded M If soil contains>30%plus No.200,predominantly gravel,add sand with silt,SP-SC poorly graded sand with clay "gravelly"to group name. E (D3o)2 " PI>_4 and plots on or above"A"line. Cu=DedDi0 Cc= °PI<4 or plots below"A"line. D10 x Ds0 P PI plots on or above"A"line. F If soil contains>15%sand,add"with sand"to group name. °PI plots below"A"line. ° If fines classify as CL-ML,use dual symbol GC-GM,or SC-SM. 60 — T j For classification of fine-grained { / soils and fine-grained fraction i 50 it--ofcoarse-grained soils _ gym,' Equation of"A"-line I of,�' „p, a - Horizontal at P1=4 to LL=25.5. , W 40 '•; then PI=0.73(LL-20) _� ---1 `�- p Equation of"U" line 6 Z i Vertical at LL=16 to P1=7, Cr >- 30 i-- then P1=0.9(LL-8) r 1- I—U Off' 1— , o� Q 20 G%'.— --- I —' MH or OH a , 10 ;' I i I 4 ML or OL 0 - �i I I I 0 10 16 20 30 40 50 60 70 80 90 100 110 LIQUID LIMIT(LL) -- Exhibit C-2 GENERAL SPECIFICATIONS FOR CONSTRUCTION CITY OF WATERLOO, IOWA Department of Engineering SECTION A- Definitions of Terms SECTION B - Scope of work SECTION C - Control of Materials and Work SECTION D - Procedure and Progress SECTION E - Measurements and Payments SECTION F - Legal Relations and Responsibility SECTION A- DEFINITIONS OF TERMS 1. CITY. The City of Waterloo, Iowa, which is the Party of the F rst Part of the accompanying contract, acting through its authorized representative. 2. COUNCIL. The duly elected Council of the City of Waterloo, Iowa. 3. ENGINEER. The City Engineer of Waterloo, Iowa, or his authorized representative. 4. INSPECTOR. The authorized representative of the Engineer, assigned to the detailed inspection of the work or materials therefore 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 fcr 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 wh ch 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. GS-1 MidPortBlvd Phase II 60189781.13 13. CONTRACT. The agreement entered into between the City and the Contractor, setting forth the terms under which the work covered by the plans and specifications is to be performed. The contract includes all conditions, definitions, and instructions set forth in the official publications relating to the work, the official contract and specifications, the Proposal, official plans, and all supplemental agreements entered into by the parties to the contract. 14. NOTICE TO BIDDERS. The notice called attention of bidders to the time and place for receiving bids, containing a brief description of the work, and briefly setting forth the requirements and — conditions for submission of Proposals. 15. INSTRUCTIONS TO BIDDERS. The clauses setting forth in detail the information relative to the proposed work and requirements for the submission of Proposals. 16. PLANS. The plans for the improvement covered by the specifications and approved by the Council, official copies of which are on file with the City Clerk. 17. CONTRACT BOND. The bond executed by the Contractor and his surety in favor of the City of Waterloo, Iowa, guaranteeing the complete execution of the contract in accordance with the plans and specifications, the payment of all debts pertaining to the work, and maintenance of the work as provided by law or by the specifications. 18. CONTRACT PERIOD. The period from the specified date for beginning the work to the specified date of completion, both dates inclusive. The contract period may be extended by the Council, as provided in these specifications, in which event the contract period includes the new date of completion. 19. OFFICIAL PUBLICATIONS. The official publications are the formal resolutions and notices relative to the proposed improvement that are required by law to be published in a prescribed manner and that have actually been published in accordance with the statutes relating thereto. Attention is directed to the fact that these official publications are by statute vested with all of the force and effect of contract obligations. 20. A.S.T.M. Abbreviation for American Society for Testing Materials. 21. WORK. The term "Work"of the Contractor and Subcontractor includes labor or materials or both, equipment, transportation, or other facilities necessary to complete the contract. 22. TIME. All time limits stated in the contract documents are of the essence in the contract. SECTION B -SCOPE OF WORK 1. CORRELATION AND INTENT OF DOCUMENTS. The Contract documents are --- complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the documents is to include all labor, materials, equipment, and transportation necessary for the proper execution of the work. Materials or work described in words which, so applied, have a well-known technical or trade meaning shall be held to refer to such recognized standard. 2. DRAWINGS AND SPECIFICATIONS. Unless otherwise provided in the contract documents, the engineer shall furnish to the Contractor, free of charge, all copies of drawings and -- specifications reasonably necessary for the execution of the work. The Contractor shall keep one (1)copy of all drawings and specifications on the work available to the Engineer and to his representatives. GS-2 MidPortBlvd Phase II 60189781.13 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 r 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. 9. CITY WATER. The Contractor shall be allowed to use City Water but before any water is used, he shall make application to the Waterloo Water Works for a temporary water connection from a fire hydrant or by some other connection method. Water usage will be charged at the rate for temporary water service. The rules, regulations, and water rates are available at the Waterloo Water Works offices at 325 Sycamore Street or their telephone number is 319-232-6280. 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. GS-3 MidPortBlvd Phase II 60189781.13 11. CLOSING STREETS TO TRAFFIC. The Engineer shall be the judge of how many streets or parts of streets it is necessary for the Contractor to close at any time and may refuse to permit the closing of additional streets until such of the work is finished and opened to traffic as he may direct. 12. OBSTRUCTION OF STREETS. The work is to be carried on in such manner as to obstruct the streets, highways, and alleys as little as possible. The Contractor shall carry on the different parts of the work so as to complete the whole, as nearly as practicable, at the same time. In doing the work, the Contractor shall follow the directions of the Engineer as to the place or places where work shall be started or be carried on and the direction in which it shall be done. 13. SHANTIES AND BUILDINGS. Shanties or other buildings shall not be erected in or upon any street, highway, or alley without permission of the Engineer. If such permission be granted, it may be upon any reasonable terms prescribed by the person or body granting such permission. 14. SANITARY CONVENIENCES. The Contractor shall furnish the necessary sanitary conveniences, properly secluded, for the laborers on the work, and these shall be maintained in a manner that will be inoffensive to the public. 15. CLEANING UP. The Contractor shall, as directed by the Engineer, remove from the City's property and from all public and private property, at his own expense, all temporary structures, rubbish, and waste materials resulting from his operations before work can be considered completed. The Contractor shall also renew or replace any and all fences, sidewalks, or other property damaged or disturbed by his work. 16. OMISSION OF PARTS OF GENERAL SPECIFICATIONS. Parts of the General Specifications deemed not to apply to some particular work may be omitted by special reference in other parts of the contract documents. SECTION C - CONTROL OF MATERIALS AND WORK 1. SUPERVISION AND INSPECTION. The Engineer shall have supervision of the construction provided for in this Contract and shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, manner of performance, rate of progress on the work, and all questions regarding the acceptable fulfillment of the terms of the Contract. Materials and construction work shall, at all times, be subject to the inspection of the Engineer or his representatives. The Contractor shall be held strictly to the true intent of these specifications as regards the quality of materials, workmanship, and the diligent prosecution of the work. The Engineer and his representatives shall, at all times, have access to the work wherever it is in preparation of progress, and the Contractor shall provide proper facilities for such access and for inspection. If the specifications, the Engineer's instructions, law ordinances, or any public authority require any work and/or materials to be especially tested or approved, the Contractor shall give the Engineer timely notice of readiness for inspection. If the inspection is to be made by authority other than the Engineer, the Contractor shall notify the engineer of the date fixed for inspection. Inspections by the Engineer will be promptly made and, where practicable, at the source of supply. If any work should be covered up without the approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination at the Contractor's expense. _ GS-4 MidPortBlvd Phase II 60189781.13 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. 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 arid progress of the work or the interpretation of the contract documents. All such decisions of the Engineer shall be final except as to the element of time and financial consideration involved, which, if no agreement in regard thereto is reached, shall be subject to arbitration. 5. STAKES AND INSTRUCTIONS. The Contractor shall provide reasonable and necessary opportunities and facilities for setting stakes and making measurements. The Contractor shall not furnish stakes or men to set them. He shall not proceed until he has received from the Engineer such stakes and instructions as may be necessary to the progress of the work. The Contractor shall carefully preserve bench marks, reference points, and stakes, and in case of willful or careless destruction, he shall be charged with the resulting extra expense and shall be responsible for any mistakes that may be caused, by their loss or disturbance. 6. SUPERINTENDENCE. The Contractor shall keep on his work during its progress a competent superintendent and any necessary assistants, all satisfactory to the Engineer. The Superintendent shall not be changed except with the consent of the Engineer, unless the Superintendent proves to be unsatisfactory to the Contractor and ceases to be in his employ. The Superintendent shall represent the Contractor in his absence, and all directions given to him shall be as binding as if given to the Contractor. Important decisions shall be confirmed in writing to the Contractor. Other directions shall be so confirmed on written request in each case. The Contractor shall give efficient supervision to the work using his best skill and attention. He shall carefully study and compare all drawings, specifications, and other instructions, and shall report at once to the Engineer any error, inconsistency, or omission which he may discover. GS-5 MidPortBlvd Phase II 60189781.13 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 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. GS-6 MidPortBlvd Phase II 60189781.13 14. THE CITY'S RIGHT TO DO WORK. If the Contractor should neglect to prosecute the work properly or fail to perform any provision of this Contract, the City of Waterloo, after three (3) days' written notice to the Contractor may, without prejudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor, provided, however, that the Engineer shall approve both such action and the amount charged to the Contractor. SECTION D - PROCEDURE AND PROGRESS 1. ORDER OF COMPLETION - USE OF COMPLETED PORTIONS. The Contractor shall complete any portion or portions of the work in such order or time as the Engineer may require. The City shall have the right to take possession of and use completed or partially completed portion of the work at any time, but such taking possession and use shall not be deemed an acceptance of work so taken or used, or any part thereof. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation or extension of time, or both, as the Engineer may determine. 2. WEATHER. During stormy or inclement weather, all work shall be suspended, except such as can be done in an acceptable manner. Permission to work during freezing, stormy. or inclement weather shall in no way be construed as a release of the Contractor's responsibility regarding the quality of the finished work at such time. 3. SUNDAYS AND LEGAL HOLIDAYS. Except for such work as may be required to properly maintain or protect completed or partially completed construction or to maintain lights and barricades, no work will be permitted on Sundays or legal holidays without specific permission of the Engineer. 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 therefore 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. GS-7 MidPortBlvd Phase II 60189781.13 7. PROGRESS OF WORK. The progress of the work shall be such that, at the expiration of one-fourth (1/4)of the contract period, one-eighth (1/8)of the work shall be completed; at the expiration of one-half (1/2) of the contract period, three-eighths (3/8) of the work shall be completed; at the 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. 8. CITY'S RIGHT TO TERMINATE CONTRACT. If the Contractor should be adjudged a bankrupt; or if he should make a general assignment for the benefit of this creditor; or if a Receiver should be appointed on account of his insolvency; or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough skilled workmen or proper materials; or if he should fail to make prompt payment to Subcontractors or for materials or labor; or if he should persistently disregard laws, ordinances, or the instructions of the Engineer; or if he should otherwise be guilty of a substantial violation of any provision of the contract, then the City, upon the certificate of the Engineer that sufficient cause exists to justify such action, may, without prejudice to any other rights or remedy, and after giving the Contractor seven (7) days' written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances thereon and finish the work by whatever method he may deem expedient. In such cases, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expenses of finishing the work, including compensation for additional managerial and administration services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the City. The expense incurred by the City as herein provided and the damage incurred through the Contractor's default shall be certified by the Engineer. 9. REMOVAL OF EQUIPMENT. In the case of annulment of this contract before completion, from any cause whatsoever, the Contractor, if notified to do so by the City; shall promptly remove any part or all of his equipment and supplies from the property of the City, failing which, the City shall have the right to remove such equipment and supplies at the expense of the Contractor. SECTION E - MEASUREMENTS AND PAYMENT 1. STANDARD OF MEASUREMENT. All work completed under the contract shall be measured by the Engineer according to the United States standard measures. 2. SCOPE OF PAYMENTS. The Engineer's measurements of quantities shall be the basis for final payment for the work performed under this Contract. After the work is completed, the Engineer will make measurements and computations of the number of units of each of the various items of work completed, and the Contractor will be paid for the actual amount of work performed at the rates specified in his Proposal. Before final settlement is made, the Council may require the Contractor to submit a list of all persons 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. GS-8 MidPortBlvd Phase II 60189781.13 3. PAYMENT FOR EXTRA WORK. Such extra work as may have been ordered by the Engineer and performed 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 therefore 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 therefore, 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. 4. 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. 5. CLAIMS FOR EXTRA COMPENSATION. If the Contractor deems that extra compensation is due him for work and/or materials that he considered is not clearly covered in the items -- for which he submitted unit prices in his bid and that were not ordered in writing by the Engineer as an extra s heretofore provided, the Contractor shall notify the Engineer, in writing, of his intention to make claim for extra compensation for work and/or material before starting construction. If such written notification is not given or the Engineer is not afforded proper facilities by the Contractor for keeping strict account of actual cost as defined herein, then the Contractor hereby agrees to waive the claim for extra compensation. Such notice to the engineer and the fact that the Engineer has kept account of cost as aforesaid, shall not in any way be construed as proving the validity of the claim, which must be passed upon by the Council. In the event that the Council finds the claim to be just, it shall be allowed and paid for as extra work as provided herein. GS-9 MidPortBlvd Phase II 60189781.13 6. COMPLETION REPORT AND OBJECTIONS THERETO. Within ten (10) days after the full completion of the work to be done under this contract, the Engineer shall make a written statement of all the work done by the Contractor hereunder, stating the quantity of each item as found by him and including a statement of all credits for extra work and all credits or debits for changes, alterations, omissions, and defects, and shall forthwith deliver a copy of such statement to the Contractor. The Contractor shall compare such statement with his own records and shall then, in writing, either approve such statement or point out any claimed errors or omissions. If any of such claims are found correct, the Engineer shall, within ten (10) days, prepare a new statement, a copy of which shall in like manner be delivered unto the Contractor. The Engineer will not file a formal completion report with the City until the Contractor has approved the same. If the figures of the Engineer and the Contractor cannot be reconciled, or there is a difference of opinion regarding some item or items, then such difference of opinion shall be submitted to arbitration as hereinafter provided, and the decision of the arbitrator or arbitrators shall be final, and the Engineer shall, within a period of five (5) days, file his completion report. Before action by the City Council upon such completion report, the Contractor shall also file a written statement of any claims he may have against the City, other than those shown by such completion report, growing out of this contract or the work done hereunder. The City shall retain ten percent(10%) of the amount due the Contractor on the completion report for a period of thirty (30) days. If no claims are filed against the Contractor within thirty (30) days, the final ten percent (10%) shall then be paid to the Contractor. 7. WAIVER. By the execution of this contract ,the Contractor agrees that any objections he may have to the statement of the amount of work done hereunder included by the Engineer in this completion report, and any claims of 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. SECTION F - LEGAL RELATIONS AND RESPONSIBILITIES 1. LAWS RELATING TO WORK. The Contractor is presumed to be familiar with all laws, ordinances, and regulations which may, in any manner, affect those engaged or employed upon 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. _ 2. 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 harmless therefore. The Contractor shall be held liable and responsible for all damages done to water, sewer, drain, or other underground pipes and structures, and to sidewalks and private property. 3. RESPONSIBILITY FOR ACCIDENTS. The Contractor shall assume full responsibility for all damages sustained by persons or property due to the carrying on of his work until final acceptance thereof, or until released by the Engineer in writing. GS-10 MidPortBlvd Phase II 60189781.13 4. LIABILITY INSURANCE. The Contractor shall carry liability insurance which shall save the City harmless and protect the public and any person from injury sustained by the reason of the prosecution of the work or the handling or storing of materials therefore, 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. (b) Public liability insurance covering all operations performed by any Subcontractor to whom a portion of the work may have been assigned. (c) Public liability insurance covering all work upon the project performed by any independent Contractor working under the direction of either the principal Contractor or a Subcontractor. (d) Motor vehicle bodily injury liability insurance and property damage liability insurance on all motor vehicles employed on the work, whether owned by the Contractor or by other persons, firms, or corporations. (e) The minimum protection shall be as follows: Comprehensive General Liability Insurance General Aggregate Limit $ 5,000,000.00 Products—Completed Operations Aggregate Limit $ 5,000,000.00 _ Each Occurrence Limit $ 5,000,000.00 Comprehensive Automobile Liability Insurance $ 1,000,000.00 The Contractor shall have the Owner, City of Waterloo, Iowa, and Engineer, AECOM, named as an "Additional Named Insured". A certificate, or a policy if requested, shall be filed with the Owner. All certificates and/or policies of insurance furnished by the Contractor to be filed with the City Clerk shall include the name and address of the agency issuing the same. It shall also be required that the City Clerk be notified by registered mail of the cancellation or expiration of the above insurance. 5. BARRICADES AND SIGNS. The Contractor shall, at his own expense and without further or other order, provide, erect, and maintain, at all times during the progress and suspension of the work and until completion and final acceptance thereof, suitable and requisite barricades, signs, or other adequate protection, as required by the latest edition of the "Iowa Manual on Uniform Traffic Control Devices for Streets and Highways" and shall provide, keep, and maintain such barricades, signs, etc., as may be required or as may be ordered by the City Engineer, to insure the safety of the public as well as those engaged on the work. All barricading plans shall be approved by the City Engineer. GS-11 MidPortBlvd Phase II 60189781.13 6. ROYALTIES AND PATENTS. The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the City harmless from loss on account thereof, except that the City shall be responsible for all such loss when a particular process or the product of a particular manufacturer is specified. _ 7. PERMITS AND REGULATIONS. Permits and licenses of a temporary nature for the prosecution of the work shall be secured and paid for by the Contractor. Permits, license, and easements for permanent changes in existing facilities shall be secured and paid for by the City. 8. CLAIMS FOR DAMAGES. Any claim for damages arising under this Contract shall be made in writing to the party liable within a reasonable time of the first observance of such damage and no later than the time of final payment, except as expressly stipulated otherwise in the case of faulty work or materials, and shall be adjusted by agreement or arbitration. The Contractor shall be held for the payment of all just claims against him arising out of the prosecution of this contract, and his bond will not be released until such claims are paid for dismissed. 9. ASSIGNMENT OF CONTRACT. The Contractor shall not sell or assign the contract or sublet any portion of the work provided for therein without the written consent of the City Council. 10. SUBCONTRACTORS. The Contractor shall, as soon as practicable after the signature of the contract, notify the Engineer in writing of the names of the Subcontractors proposed for the work and shall not employ any that the Engineer may, within a reasonable time, object to as incompetent or unfit. The Contractor agrees that he is as fully responsible to the City for the acts and omission of his Subcontractors and of persons either directly or indirectly employed by them as he is for the acts and omissions of persons directly employed by him. Nothing contained in the contract documents shall create any contractual relation between any Subcontractor and the City. 11. ARBITRATION. All questions subject to arbitration under this Contract shall be submitted to arbitration at the choice of either party to the dispute. 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. GS-12 MidPortBlvd Phase II 60189781.13 If there be one arbitrator, his decision shall be binding; if three, the decision of any two shall be binding. Such decision shall be a condition precedent to any right of legal action, and, wherever permitted by law, it may be filed in Court to carry it into effect. The arbitrators, if they deem that the case demands it, are authorized to award to the party whose _ contention is sustained such sums as they shall deem proper for the time, expense, and trouble incident to the appeal, and, if the appeal was taken without reasonable cause, damages for delay, the arbitrators shall fix their own compensation unless otherwise provided by agreement, and shall assess the costs and charges of the arbitration upon either or both parties. The award of the arbitrators must be in writing, and it shall not be open to objections on account of the form of proceeding or the award, unless otherwise provided by the laws of Iowa. In the event of such laws providing on any matter covered by this article otherwise than as hereinbefore specified, the method of procedure throughout and the legal effect of the award shall be wholly in accordance with the laws of the State of Iowa, it being intended hereby to lay down a principle of action to be followed, leaving its local application to be adopted to the legal requirements of the place in which the work is to be done. 12. PERFORMANCE AND PAYMENT BONDS. The Contractor shall, at the time of execution and delivery of this contract and before the taking effect of same, furnish and deliver to the City written bonds of indemnity to the amount required by law in form and substance, and with surety thereon satisfactory and acceptable to the City, to insure the faithful performance and payment by the Contractor -- of all the covenants and agreements on the part of the Contractor contained in this contract. These bonds shall remain in force and effect for the full amount of the Contract. 13. PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the provisions of the Contract or in exercising any power or authority granted him thereby, there shall be no liability upon the Engineer or his authorized assistants, either personally or as an official of the City, it being understood that in such matters he acts as the agent and representative of the City. 14. JURISDICTION. Any action in Court against the Contractor or sureties on his bond because of damages to property or individuals by said Contractor or his workmen, or because of the violation of any provisions of the specifications, or on account of the failure of said Contractor to comply fully with these provisions, shall be brought in the District Court of the State of Iowa in and for Black Hawk County. 15. TERMINATION OF RESPONSIBILITY. The Contract shall be considered as completed and the Contractor released from further obligations except as to the requirements of his bond, after the work has been completed and finally accepted and final estimates have been allowed and the completion report of the engineer has been filed and approved by the Council. 16. CITY'S LEGAL RIGHTS. The City shall not be precluded by any measurements, estimate, or certificate made, either before or after the completion and acceptance of the work and payment therefore, 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. GS-13 MidPortBlvd Phase II 60189781.13 SUPPLEMENTAL GENERAL SPECIFICATIONS FOR CONSTRUCTION 1. SUBCONTRACTS The contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to require compliance by each subcontractor with the applicable provisions of the contract for the improvements embraced in this contract. 2. REVIEW BY THE CITY OF WATERLOO The City of Waterloo, its authorized representatives and agents, shall at all times have access to and be permitted to observe and review all work, materials, equipment, payrolls, personnel records, employment conditions, material invoices, and other relevant data and records pertaining to this contract, provided, however, that all instructions and approval with respect to the work will be given to the contractor only by the City of Waterloo through its authorized representative or agents. 3. INSPECTION a. The contractor shall furnish promptly all materials reasonably necessary for any tests which may be required. All tests by the City of Waterloo will be performed in such manner as not to delay the work unnecessarily and will be made in accordance with the provisions of the Technical Specifications. b. Inspection of materials and appurtenances to be incorporated in the improvements embraced in this contract may be made at the place of production, manufacture or shipment, whenever the quantity justifies it, and such inspection and acceptance, unless otherwise stated in the Technical Specifications, shall be final, except as regards (1) latent defects, (2) departures from specific requirements of the contract, (3) damage or loss in transit, or (4) fraud or such gross mistakes as amount to fraud. Subject to the requirements contained in the preceding sentence, the inspection of materials as a whole or in part will be made at the project site. 4. WARRANTY OF TITLE No material, supplies, or equipment to be installed or furnished under this contract shall be purchased subject to any chattel mortgage or under a conditional sale, lease-purchase or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. The contractor shall warrant good title to all materials, supplies, and — equipment installed or incorporated in the work and upon completion of all work, shall deliver the same together with all improvements and appurtenances constructed or placed thereon by him to the City of Waterloo free from any claims, liens, or charges. Neither the contractor nor any person, firm, or corporation furnishing any material or labor for any work covered by this contract shall have any right to a lien upon any improvement or appurtenance thereon. Nothing contained in this paragraph, however, shall defeat or impair the right of persons furnishing materials or labor to recover under any bond given — by the contractor for their protection or any rights under any law permitting such persons to look to funds due the contractor in the hands of the City of Waterloo. The provisions of this paragraph shall be inserted in all subcontracts and material contracts and notice of its provisions shall be given to all persons furnishing materials for the work when no formal contract is entered into for such materials. *** END OF SECTION *** SGS-1 MidPortBlvd Phase II 60189781.13 FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF F.Y. 2011 MIDPORT BOULEVARD EXTENSION PHASE II PCC PAVEMENT-GRADE AND NEW CITY CONTRACT NO. 802 IOWA DOT RISE NO. RM-8155(722)--9D-07 CITY OF WATERLOO, IOWA This contract made and entered into this day of 2010, 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 F.Y. 2011 MIDPORT BOULEVARD EXTENSION PHASE II, CITY CONTRACT NO. 802, and furnish all necessary tools, equipment, materials, and labor necessary to do all the work called for in the plans and specifications in a workmanshiplike manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. PAR. 2 It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. PAR. 3 The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough substantial, and workmanlike manner, and in strict accordance with the requirements of th s 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. 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 August 1, 2011 , 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 therefore 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. C-1 MidPortBlvd Phase II 60189781.13 PAR. 7 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness, to see that the backfilling is _ properly done, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. PAR. 8 The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. -- The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. PAR. 9 The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment _ upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. PAR. 10 Any material, which has been rejected by the construction reviewer, shall be at once removed from the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the City Engineer. , PAR. 11 The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. "' PAR. 12 The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It _ is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. PAR. 13 The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council, and is by reference made a part of this contract. C-2 MidPortBlvd Phase II 60189781.13 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 "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. C-3 MidPortBlvd Phase II 60189781.13 PAR. 21 The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four (4) and not less than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties _ on its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the City, and, in any event, until two (2) years after the acceptance of the work. CITY OF WATERLOO, IOWA Mayor City Clerk Contractor BY: Title: Approved by the City Council of the City of Waterloo, Iowa, this day of , 2011. ATTEST: , City Clerk Waterloo, Iowa C-4 MidPortBlvd Phase II 60189781.13 PERFORMANCE 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 2011, enter into a written contract with the City of Waterloo, Iowa, for the construction of F.Y. 2011 MIDPORT BOULEVARD EXTENSION PHASE II, CITY CONTRACT NO. 802, 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. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. PFB-1 MidPortBlvd Phase III 60189781.13 IN WITNESS WHEREOF,we have hereunto set our hands and seals this day of , 2011. Principal By: Surety Attorney-in-Fact PFB-2 MidPortBlvd Phase II 60189781.13 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that (Name of Contractor) (Address of Contractor) a , hereinafter called Principal, (Corporation, Partnership or Individual) and (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto CITY OF WATERLOO, IOWA (Name of Owner) 715 MULBERRY STREET, WATERLOO, IOWA 50703 (Address of Owner) hereinafter called OWNER, in the penal sum of in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of 2011, a copy of which is hereto attached and made a part hereof for the construction of: F.Y. 2011 MIDPORT BOULEVARD EXTENSION PHASE II CITY CONTRACT NO. 802 NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PB-1 MidPortBlvd Phase II 60189781.13 Non-Federal PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in counterparts, each one of (number) _ which shall be deemed an original, this the day of 2011. ATTEST: Principal (Principal) Secretary (SEAL) By (s) (Address) Witness as to Principal (Address) Surety ATTEST: By Attorney-in-Fact Witness as to Surety (Address) (Address) NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. PB-2 MidPortBlvd Phase II 60189781.13 Non-Federal