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HomeMy WebLinkAboutPROJECT SPECIFICATIONS t PROJECT SPECIFICATIONS FOR F.Y. 2012 SIDEWALK REPAIR _ ASSESSMENT PROGRAM ZONE 1 11.6 ,f xy a rloo CONTRACT NO. 811 OF ppOOap I hereby certify th his ngineering document was prepared by me or under my 1 Q�°°°° °po° "9(_\1\ direct pers I s rvi on and that I am a duly licensed Professional Engineer iO o° DENNIS °o° C`-`k under th s of e to of Iowa. °w g J. _ 1 z a GENTZ o Z DEN S J.GE . DA 9662 0 �g My License R ewal Date December 31,2012. to v o° o [V, License No.i owa 9662. i °° -- Pages or sheets covered by this seal: �?' rtx; ;;.'4s u -' ;;, r d, ,warty -_x ,nix-..t��..•r>.....:xr'r-,ac...x,,, .,`¢'"s,.> ',r �"' :;.`�is.' e, «rt'`?"'*, '�"..,t_ � u;=7 ____. F.Y. 2012 SIDEWALK REPAIR ASSESSMENT PROGRAM - ZONE 1 CONTRACT NO. 811 CONTRACT DOCUMENTS TABLE OF CONTENTS 1. NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS 2. INSTRUCTIONS TO BIDDERS 3. FORM OF BID OR PROPOSAL 4. FORM OF BID BOND 5. NON-COLLUSION AFFIDAVITS 6. EQUAL OPPORTUNITY CLAUSE 7. RECIPROCAL RESIDENT BIDDER PREFERENCE AND RESIDENT BIDDER CERTIFICATION 8. SALES TAX EXEMPTION INFORMATION FORM 9. AFFIRMATIVE ACTION PROGRAM 10. POTENTIAL ITEMS OF WORK FOR MBE/WBE PARTICIPATION SUBCONTRACTOR'S BID REQUEST FORM, LETTER FORM FOR SUBCONTRACTOR QUOTES, MBE/WBE SCOPE LETTER, MBE AND/OR WBE PREBID CONTACT INFORMATION FORM 11. WATERLOO/CEDAR FALLS MINORITY AND WOMEN BUSINESSES ENTERPRISE CONSTRUCTION AND MAINTENANCE CONTRACTOR'S GUIDE 12. STATEMENT OF BIDDER'S QUALIFICATIONS 13. GENERAL SPECIAL PROVISIONS 14. SPECIAL PROVISIONS 15. GENERAL SPECIFICATIONS FOR CONSTRUCTION 16. SUPPLEMENTAL GENERAL SPECIFICATIONS FOR CONSTRUCTION 17. FORM OF CONTRACT 18. FORM OF PERFORMANCE BOND 19. FORM OF PAYMENT BOND NOTICE OF PUBLIC HEARING on Proposed Plans, Specifications, Form of Contract, and Estimate of Cost and the NOTICE TO BIDDERS for the Taking of Construction Bids for the F.Y. 2012 SIDEWALK REPAIR ASSESSMENT PROGRAM — ZONE 1 in the City of Waterloo, Iowa CONTRACT NO. 811 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 15th day of August, 2011, until 4:00 p.m. for the construction of the F.Y. 2012 SIDEWALK REPAIR ASSESSMENT PROGRAM — ZONE 1, Contract No. 811, 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 15th day of August, 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 August 15, 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 the City Engineer of the City of Waterloo are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. SCOPE OF WORK This project consists of removing and replacing PCC sidewalk of various widths and thicknesses, water valve repair, and sidewalk cleaning within Zone 1 of the City of Waterloo's Sidewalk Repair Program. This project is generally located in an area bound by: North City Limits — Highway 63 — Conger Street — Broadway Street — Park Road — Cedar River— West City Limits — North City Limits NOTICE OF HEARING CONTRACT NO. 811 Page 1 of 5 BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced within ten (10) working days after receipt of "Notice to Proceed" and shall be completed on or before November 23, 2011. 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 same is completed and materials delivered and work approved. Final payment will be made thirty-one (31) days after completion of the work and acceptance by the Council. The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay estimates, according to Chapter 384.57 of the Code of Iowa, payment may be made by anticipatory warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A, Code of Iowa. PLANS AND SPECIFICATIONS Plans and Specifications governing the construction of the proposed improvements have been prepared by the City Engineer, which plans and specifications and also the prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice, and the proposed contract by reference shall be executed in compliance therewith. Plans and Specifications are available from the City Engineer upon the City's receipt of a $25.00 refundable deposit. Deposits will be refunded if the plans are returned in usable condition (i.e. 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. Plan holders 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 responsive responsible bidder submitting the lowest total bid. NOTICE OF HEARING CONTRACT NO. 811 Page 2 of 5 The City reserves the right to reject any or all bids, readvertise for new bids, and to waive informalities in the bids submitted that may be in the best interest of the City. Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty (30) days from the day of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding the contract. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced with the State of Iowa and preference will be given to local domestic labor in the construction of the improvement. PROPOSALS SUBMITTED The bidder shall submit bids on the items listed in the proposal. The bidder shall clearly write or type the unit bid price and the bid item extension (Unit Price x Estimated Qty) in numerals on the blanks provided. Should there be any discrepancy between the unit bid price and extension, the City of Waterloo shall consider the unit bid price as being the valid unit bid price. The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price and Total Bid. The computer-generated spreadsheet shall include all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer-generated spreadsheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond, (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the Bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. BONDS The successful bidder will be required to furnish a "Performance Bond" and a "Payment Bond" within ten (10) days after forms are presented to him in an amount equal to one hundred percent (100%) of the contract price, said bonds to be issued by a responsible NOTICE OF HEARING CONTRACT NO. 811 Page 3 of 5 surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained, and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operations of the contractor. 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 bonds given by the Contractor to guarantee the completion of the work and payment of subcontractors, suppliers, etc. CONTRACT COMPLIANCE PROGRAM / SUBCONTRACTING The program proposes numerical projections regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as Subcontractors, vendors and suppliers in the performance of Contracts awarded by the City of Waterloo, Iowa. A goal of at least ten percent (10%) for MBE participation on all City funded construction projects that are estimated at $50,000.00 or more. A goal of at least two percent (2%) for WBE participation on all City funded construction projects that are estimated at $50,000.00 or more. Any project funded in part or in total with federal funds shall follow the respective agencies contract compliance program and goals. The Prime Contractor shall make "good-faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontractors, suppliers or vendors must provide the Prime Contractor a reasonably competitive price for the service being rendered or the Contractor is not required to accept their bid. WORKER RESIDENCY REQUIREMENT Attention is called to the requirement that at least ten percent (10%) of the total worker hours on this project shall be performed by bona fide Black Hawk County residents. A bona fide Black Hawk County resident shall have his principle residence within the corporate limits of Black Hawk County before the date of the bid opening for this project. The contractor and any subcontractors shall submit worker residency information on forms or in accordance with instructions furnished by the City. Information shall be submitted monthly to the City with the prime contractor responsible for the submission of worker residency information of all subcontractors. The prime contractor shall certify on the monthly submittals that this residency requirement is being met for this project. 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. NOTICE OF HEARING CONTRACT NO. 811 Page 4 of 5 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 City officials, the prime contractor, and all subcontractors, if any. 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 City 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 Schares City Clerk NOTICE OF HEARING CONTRACT NO. 811 Page 5 of 5 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. INSTRUCTIONS TO BIDDERS Page 1 of 13 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. 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. INSTRUCTIONS TO BIDDERS Page 2 of 13 b. Bids received prior to the advertised hour of opening will be securely kept sealed. The officer whose duty it is to open them will decide when the specified time has arrived, and no bid received thereafter will be considered; except that when a bid arrives by mail after the time fixed for opening, but before the reading of all other bids is completed, and it is shown to the satisfaction of the City of Waterloo, Iowa, that the non-arrival on time was due solely to delay in the mails for which the bidder was not responsible, such bid will be received and considered. c. Bidders are cautioned that, while telegraphic modifications of bids may be received as provided above, such modifications, if not explicit and if in any sense subject to misinterpretation, shall made the bid so modified or amended, subject to rejection. 5. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids and modifications or withdrawals thereof received at the office designated in the Notice to Bidders after the exact time set for closing of bids will not be considered. However, a modification which is received from an otherwise successful bidder, and which makes the terms of the bid more favorable to the City of Waterloo, will be considered at any time it is received and may therefore be accepted. Bids may be withdrawn by written or telegraphic request received from bidders prior to the time set for closing of bids. 6. PUBLIC OPENING OF BIDS Bids will be publicly opened at that time and place set for opening in the Notice to Bidders. Their content will be made public for the information of bidders and others interested who may be present either in person or by representative. 7. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the 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. INSTRUCTIONS TO BIDDERS Page 3 of 13 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. INSTRUCTIONS TO BIDDERS Page 4 of 13 This Contract Compliance Program does not propose to include any set-aside or quotas, but only flexible goals where "good-faith efforts" are required by the contractor to use MBE/WBE subcontractors. This Program shall not eliminate the need for contractors to continue their "good-faith efforts" in using MBE/WBE subcontractors on City contracts estimated at less than $50,000. The City of Waterloo will make every effort to reduce in-house construction and maintenance work that would be more cost effectively performed by the private sector and, thus, would allow additional bidding opportunities for MBE/WBE firms. The City Contract Compliance Officer shall be advised of all City of Waterloo awarded construction contracts. DEFINITIONS Goals: A flexible numerically expressed objective which contractors are required to make "good-faith efforts." The key to the requirement is to make documented efforts. Goals are neither set-a-sides nor a device to achieve proportional representation or equal results. Numerical goals do not create set-a-sides for specific groups, nor are they designed to achieve proportional representation or equal results. Rather, the goal-setting process in affirmative action planning is used to target and measure the effectiveness of affirmative action efforts to eradicate and prevent discrimination. Quota: A flat numerical requirement that the contractor is required to meet in order to obtain the benefit or be in compliance. The numerical goal component of affirmative action programs is not designed to be, nor may it properly or lawfully be interpreted as, permitting unlawful preferential treatment and quotas with respect to persons of any race, color, religion, sex, or national origin. The regulations at 41 CFR 60-2.12(a), 60-2.15 and 60-2.30, specifically prohibit discrimination and the use of goals as quotas. (U.S. Department of Labor) INSTRUCTIONS TO BIDDERS Page 5 of 13 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 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. INSTRUCTIONS TO BIDDERS Page 6 of 13 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. 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. INSTRUCTIONS TO BIDDERS Page 7 of 13 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. INSTRUCTIONS TO BIDDERS Page 8 of 13 ll. Prime Contractors In order to be in compliance with the guidelines of this program, the prime contractor must show good-faith efforts in following the MBE/WBE Contract Compliance Program. Good-faith efforts include, but are not limited to, the following: A. Prime contractors shall send solicitation letters (Form CCO- 3) to appropriate MBE/WBE (those certified in directory prepared by City Contract Compliance Officer) at least seven (7) working days prior to bid date. Letters should identify specific items to be subcontracted. A minimum of three (3) disadvantaged business contacts must be made and documented, if there are at least three disadvantaged businesses offering services in the area to be subcontracted (See City of Waterloo MBE/WBE Certification List). If less than three (3) are offering the services to be subcontracted, then a contact is required for any that are listed as providing that service. If the Prime Contractor submits a MBE/WBE contact not on the City's MBE/WBE list, attach a copy of the MBE/WBE/DBE Certifications from another government agency. B. If a prime contract bidder is unable to identify MBE/WBE firms to perform portions of the work, the City Contract Compliance Officer should be contacted for assistance immediately. C. Prime contract bidders may solicit MBE/WBE proposals by telephone or personal interviews, but all such contacts shall be confirmed by Certified Mail, or subcontract bid request forms (Form CCO-2). D. If any MBE/WBE business submitting bids is not selected for subcontract award, documentation must accompany the "MBE/WBE Business Enterprise Pre-Bid Contact Information Form" (Form CCO-4 and CCO-4A) on why the MBE/WBE was not selected. These reasons could include: a. Not low bid. Copies of the competing bids may be required for verification. b. MBE/WBE did not bid, withdrew bid or non-responsive. c. Documentation of other business-related reason for not selecting the MBE/WBE business for a subcontract. d. Prime contractor self performs work. e. Any other reason relied on by prime. INSTRUCTIONS TO BIDDERS Page 9 of 13 The Contract Compliance Officer will determine the weight to be given to each item listed above (supported by appropriate documentation) based on overall program goals. III. MBE/WBE Firms A. MBE/WBE firms shall be certified by the Iowa Department of Transportation as owners and controllers of their respective businesses, or were listed on the City of Waterloo Certified MBE/WBE Contractors list as of July 1, 2002. B. MBE/WBE firms must perform the work on the project; they cannot act as a broker by subcontracting the work out to others. C. Each MBE/WBE firm planning to submit quotes on construction projects with goals, shall submit a Letter of Intent to Bid (Form CCO-5) to the City Contract Compliance Officer seven (7) working days prior to bid opening, listing specific items which the MBE/WBE firm is interested in bidding. If sufficient Letters of Intent to Bid are not received by the City Contract Compliance Officer seven (7) working days prior to bid opening, goals on subject project will be reduced accordingly. Agreements between the bidder/proposer and a MBE/WBE in which the MBE/WBE promises not to provide subcontracting quotations to other bidders/proposers are prohibited. NON-COMPLIANCE OF CONTRACTORS A. Noncompliance exists when the contractor's actions are not consistent with the requirements of the Contract Compliance Program in the areas of employment and subcontracting. 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. INSTRUCTIONS TO BIDDERS Page 10 of 13 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. 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. INSTRUCTIONS TO BIDDERS Page 11 of 13 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. INSTRUCTIONS TO BIDDERS Page 12 of 13 c. The successful bidder shall, within the period specified in paragraph "a" above, furnish a certificate of insurance for approval in amounts of not less than the amounts specified in the General Specifications for Construction, Section F. No. 4 "Liability Insurance," Pages 14 to 15 of 19 Pages. The certificate of insurance shall be furnished in such number of copies as the City of Waterloo may require. The City of Waterloo shall be named as an "Additional Insured." The contractor shall similarly submit his subcontractor's certificates of insurance in the amounts for approval before each commences work. The contractor shall carry or require that there be Workmen's Compensation Insurance for all his employees and those of his subcontractors engaged in work at the site, in accordance with State Workmen's Compensation Laws. 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. INSTRUCTIONS TO BIDDERS Page 13 of 13 FORM OF BID OR PROPOSAL F.Y. 2012 SIDEWALK REPAIR ASSESSMENT PROGRAM --ZONE 1 CONTRACT NO. 811 CITY OF WATERLOO, IOWA Honorable Mayor and City Council Waterloo, Iowa Gentlemen: 1. The undersigned, being a Corporation existing under the laws of the State of a Partnership consisting of the following partners: , having familiarized (himself) (themselves) (itself) with the existing conditions on the project area affecting the cost of the work, and with all the contract documents listed in the Table of Contents and Addenda (if any), as prepared by the City Engineer of the City of Waterloo now on file in the office of the City Clerk, City Hall, Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to construct and complete this F.Y. 2012 SIDEWALK REPAIR ASSESSMENT PROGRAM -- ZONE 1, Contract No. 811, all in accordance with the above-listed documents and for the unit prices for work in place for the following items and quantities: ITEM EST. UNIT TOTAL NO. DESCRIPTION UNIT QTY. BID PRICE BID PRICE 1. REM/REP SIDEWALK, 4" PCC SF 39,119.2 $ $ 2. REM/REP SIDEWALK, 5" PCC, M-4 SF 2,713.9 $ $ 3. REM/REP SIDEWALK, 6"PCC, M-4 SF 3,217.9 $ $ 4. WATER VALVE ADJUSTMENT EA 3.0 $ $ 5. CLEAN SIDEWALK, EA 50.0 $ $ AS PER PLAN TOTAL BID $ FORM OF BID CONTRACT NO. 811 Page 1 of 3 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit bid price for the work done shall govern in the actual payment to Contractor. 3. In submitting this bid, the bidder understands that the right is reserved by the City of Waterloo, Iowa, to reject any or all bids. If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned within thirty (30) days after the opening thereof, or at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of the insurance within ten (10) days after the agreement is presented to him for signature, and start work within ten (10) days after "Notice to Proceed" is issued. 4. Security in the sum of Dollars ($ ) in the form of , is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS. 5. Attached hereto is a Non-Collusion Affidavit of Prime Contractor. 6. Attached hereto is a Resident Bidder Certification. 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$10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. 9. The bidder shall list the MBE/WBE subcontractor(s), amount of subcontracts and bid items on the City of Waterloo Minority and/or Women Business Pre-bid Contact Information Form submitted with this Form of Bid or Proposal. The apparent low Bidder shall submit a list of all other Subcontractor(s) to be used on this Project to the City of Waterloo by 5:00 p.m. the business day following the day Bids on this Project are due along with the Non-Collusion Affidavits of All Subcontractor(s). The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons: 1) The City of Waterloo does not approve the subcontractors. 2) The subcontractors submit in writing that they cannot fulfill their subcontracts. FORM OF BID CONTRACT NO. 811 Page 2 of 3 10. The bidder has received the following Addendum or Addenda: Addendum No. Date 11. The bidder has filled in all blanks on this proposal. Those blanks not Applicable are marked "none" or "NA". 12. The bidder has attached all applicable forms. 13. The Owner reserves the right to select alternates, delete line items, and/or to reduce quantities prior to the award of a contract due to budgetary limitations. (Name of Bidder) (Date) BY: Title Official Address: (Including Zip Code): I.R.S. No. FORM OF BID CONTRACT NO. 811 Page 3 of 3 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, and as Surety are held and firmly bound unto the CITY OF WATERLOO , Iowa, hereinafter called "OWNER." In the penal sum Dollars ($ ) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors,jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated the day of , 20 , for -- NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided in the specifications or by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid or execute such contract; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of them as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers this day of A.D. 201 Principal (Seal) By (Title) Witness (Seal) Surety Witness By Attorney-in--fact NON-COLLUSION AFFIDAVIT OF PRIME BIDDER State of ) )ss County of ) , being first duly sworn, deposes and says that: 1. He is (Owner, Partner, Officer, Representative, or Agent) , of , the Bidder that has submitted the attached Bid; 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Title Subscribed and sworn to before me this day of , 201_. Title My commission expires NON—COLLUSION AFFIDAVIT OF SUBCONTRACTOR — State of ) ss: — County of , being first duly sworn, deposes — and says that: 1. He is (Owner, Partner, Officer, Representative, or Agent) , of hereinafter referred to as the "Subcontractor;" 2. He is fully informed respecting the preparation and contents of the — subcontractor's proposal submitted by the subcontractor to , contract pertaining to the • project in (City or County and State) 3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal; 4. Neither the subcontractor nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other bidder, firm or person to submit a collusive or sham proposal in connection with such contract or to refrain from submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other bidder, firm or person to fix the price or prices in said subcontractor's proposal, or to fix any overhead, profit or cost element of the price of prices in said subcontractor's proposal, or to secure — through collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed contract; and — 5. The price or prices quoted in the subcontractor's proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) — Title Subscribed and sworn to before me this day of , 201 Title My commission expires EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as follows: 1. The contractors, subcontractor, vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap, political opinions or affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or physical disability, political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading c. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship 2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, economic status, age, mental or physical disabilities, political opinion or affiliations. 3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of the contractor's commitment under this section. 4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. EQUAL OPPORTUNITY CLAUSE PAGE 1 OF 2 PAGES 5. The contractor, subcontractor, vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies, procedures, patterns, and practices of each subcontractor as well as the contractor himself/herself and said contractor, subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts to the City's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City's Affirmative Action Program—Contract Compliance Provisions relative to Resolution No. 24664. 6. In the event of the contractor's non-compliance with the non- discrimination clauses of this contract or with any of such rules, regulations and orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. 7. The contractor, subcontractor, vendor and supplier of goods and services will include, or incorporate by reference, the provisions of the non- discrimination clause in every contract, subcontract or purchase order unless exempted by the rules, regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. 8. We, the undersigned, recognize that we are morally and legally committed to non-discrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, creed, color, sex, national origin, economic status, age, mental or physical disabilities. (Signed) (Appropriate Official) (Title) (Date) EQUAL OPPORTUNITY CLAUSE PAGE 2 OF 2 PAGES 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 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 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 INFORMATION NEEDED FOR IOWA CONSTRUCTION SALES TAX EXEMPTION CERTIFICATE CONTRACTOR NAME: ADDRESS: (Check One) PRIME SUBCONTRACTOR FEDERAL ID#: PROJECT NAME: PROJECT CONTRACT NO.: DESCRIPTION OF WORK: ❑ Brickwork ❑ Landscaping -- ❑ Carpentry ❑ Painting ❑ Concrete ❑ Paving ❑ Drywall-Plaster-Insulation ❑ Plumbing ❑ Electrical ❑ Roofing-Siding-Sheet Metal ❑ Excavation/Grading ❑ Windows ❑ Flooring ❑ Wrecking-Demolition ❑ Heavy Construction ❑ Other (Please specify) ❑ Heating-Ventilating-Air Cond. Revised February 2003 CONTRACTOR'S OR SUBCONTRACTOR'S AFFIRMATIVE ACTION PROGRAM Check box that applies to party completing program: ( ) General Contractor ( ) Subcontractor I. Section A to be completed by GENERAL CONTRACTORS only: A. Name of Company Address of Company Zip Telephone Number ( ) Federal ID Number (if no Federal ID Number, Owner/President's Social Security Number) Name of Equal Employment Officer Name of Project Project Contract Number Estimated Construction Work Dates / Start Finish Section B to be completed by SUBCONTRACTORS only: B. Name of General or Prime Contractor Name of Subcontractor Subcontractor's Address Zip Subcontractor's Telephone Number ( ) Subcontractor's Federal ID Number (if no Federal ID Number Owner/President's Social Security Number) Name of Equal Employment Officer - 1 - C. Remainder of program to be completed by party completing program, either Prime or Subcontractor. 1. The Owners and/or Principals of your company: Ethnic Name Address Position Sex Origin 2. Other Areas of Interest: If your company has branches or subsidiaries, or if your company is a branch or subsidiary of a parent organization, give the following information: Type of Name Address Affiliation Degree II. EMPLOYER'S POLICY (Please read carefully.) A. We, the undersigned, recognize that we are morally and legally committed to nondiscrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap. B. The employment policies and practices of the undersigned are to recruit and hire employees without discrimination, and to treat them equally with respect to compensation and opportunities for advancement, including training, upgrading, promotion, and transfer. However, we realize the inequities associated with employment training, upgrading, contracting and subcontracting for minorities and women and we will direct our efforts to correcting any deficiencies to the maximum extent possible. The same will be required of our SUBCONTRACTORS and suppliers. C. We submit this program to assure compliance with Executive Order 11246, as amended, and other subsequent orders that may pertain to equal employment opportunity and merit employment policies, fully - 2 - realizing that our qualification and/or merit system should be evaluated and revised, if necessary. D. We agree to put forth the maximum effort to achieve full employment and utilization of capabilities and productivity of all our citizens without regard to race, creed, color, sex, national origin, economic: status, age, and mental or physical handicap. E. will give training (Name of Company) and employment opportunities to local residents of Waterloo, Iowa, to the greatest extent feasible. III. AFFIRMATIVE ACTION A. recognizes that the (Name of Company) effective application of a policy of merit employment involves more than just a policy statement, and _ (Name of Company) will, therefore, re-evaluate our Affirmative Action Program to ensure that equal employment opportunities are available on the basis of individual merit, and to actively encourage minorities, women and local residents to seek employment with our company on this basis. B. will undertake the (Name of Company) following six (6) steps to improve our Affirmative Action Program: 1. Minority Recruitment and Employment; 2. Local Recruitment and Employment; 3. Disabled Veteran and Vietnam Era Veteran Recruitment and Employment; 4. Handicapped Recruitment and Employment; 5. Female Recruitment and Employment; and 6. Training, Upgrading and Promotional Opportunities. C. will take (Name of Company) whatever steps are necessary to ensure that our total work force has adequate minority, female, and local representation. We will utilize the following methods in our recruitment attempts: 1. Local advertising media (newspapers, radio, TV); 2. Community organizations (churches, clubs, schools); 3. Public and private institutions in the area (UNI, Hawkeye Community College); 4. Job Service of Iowa; and 5. Other. - 3 - D. will seek qualified minority, (Name of Company) female, and local group applicants for all job categories and will make asserted efforts to increase minority, female and group representation in occupations at the higher levels or skill and responsibility. E. All sources of employment used shall be aware that we are an Equal Employment Opportunity Employer. Labor organizations representing our employees will be notified of our Equal Employment Opportunity Policy and Affirmative Action Program. F. Training, upgrading, promotion and transfer activities at all levels will be monitored to ensure that full consideration has been given to qualified minority, female, and local group employees. G. will encourage other (Name of Company) companies with whom we are associated and/or do business, to do the • same and we will assist them in their efforts. H. has taken the following (Name of Company) Affirmative Action to ensure that minority, female, local contractors and/or suppliers were provided opportunities to negotiate and/or bid on this project: (if none, write "NONE") 1. 2. As a result of the above efforts, we have involved minority, female, and local contractors and/or suppliers in the following areas of subcontracting: (if none, write "NONE") 1. 2. J. will require approved (Name of Company) Affirmative Action Programs from all nonexempt contractors who propose to work on this project and will take whatever steps are necessary to ensure that non-minority contractors have adequate representation of minority, female and local persons in their total work force. - 4 - K. In further accordance with rules and guidelines issued pursuant to Executive Order 11246 as amended, we establish the goals for our company, based on parity percentages supplied by the C ty, 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 Acl:ion (Name of Company) Employment Goals: The definition of Affirmative Action Goals is as follows: "Goals may not be rigid and inflexible quotas which must be met, but must be targets, reasonably attainable by means of applying every good faith effort to make all aspects of the entire Affirmative Action Program work." For the year 201_, please submit percentage targets for employing minorities and women. If you already have reached you- target for hiring minorities and women, please submit that percentage. *Goals for Minorities: Goals for Women: *Your affirmative action goals should be between 1% and 10% or more for minorities and 1% and 5% or more for women. Please be advised that the goals or targets are purely your estimation of how many women and minorities your company can reasonably expect to hire in 201_ Note, that none of the goals are rigid or inflexible. They are targets that your company calculates as reasonably attainable. This will help the City in its monitoring procedures as required by City of Waterloo Resolution No. 1984- 142(4). - 5 - CONTRACTOR'S TOTAL WORK FORCE (WATERLOO) HOURLY NAME AND ADDRESS JOB CATEGORY RACE SEX WAGE INDICATE: DISABLED VETERAN: DV VIETNAM ERA VETERAN: VV HANDICAPPED: H - 6 - We hereby certify that we are in compliance with all City and Federal Affirmative Action Regulations and agree to accept all liability for failure to comply. Respectfully submitted, By: Company Executive Date By: Equal Employment Opportunity Officer Date City of Waterloo Affirmative Action Officer Approved Disapproved Reason: By: Date: _ 7 - DESCRIPTION OF JOB CATEGORIES 1. Officials/Manager: Occupations in which employees set broad policies, exercise overall responsibility for execution of all policies, or direct individual departments or special phases of the agency's operations or provide specialized consultation on a regional, district or area basis. Includes: department heads, bureau chiefs, division chiefs, directors, deputy directors, controllers, examiners, wardens, superintendents, unit supervisors, sheriffs, police and fire chiefs and inspectors and kindred workers. 2. Professionals: Occupations which require specialized and theoretical knowledge which is usually required through college training or thorough work experience and other training which provides comparable knowledge. Includes: personnel and labor relations workers, social workers, doctors, psychologists, registered nurses, economists, dietitians, lawyers, system analysts, accountants, engineers, employment and vocational rehabilitation counselors, teachers or instructors, police and fire captains and lieutenants and kindred workers. 3. Technicians: Occupations which require a combination of basic scientific or technical knowledge and manual skill which can be obtained through specialized post-secondary school education and through equivalent on-the- job training. Includes: computer programmers and operations, draftsmen, surveyors, licensed practical nurses, photographs, radio operators, technical illustrators, police and fire sergeants and kindred workers. 4. Office/Clerical: Workers are responsible for internal and external communication, recording and retrieval of data and/or information and other paper work required in an office. Includes: bookkeepers, messengers, office machine operators, clerk-typists, stenographers, court transcribers, hearing reporters, statistical clerks, dispatchers, license distributors, payroll clerks and kindred workers. 5. Skilled Craft Workers: Workers perform jobs which require special manual skill and a thorough and comprehensive knowledge of the processes involved in the work which is acquired through on-the-job training programs. Includes: Mechanics and repairman, electricians, heavy equipment operators, stationary engineers, skilled machine occupations, carpenters, compositors and typesetters and kindred workers. 6. Sales Workers: Occupations engaging wholly and primarily in direct selling. Includes: advertising agents and salesman, insurance agents and brokers, real estate agents and brokers, stock and bond salesmen, demonstrators, salesmen and sales clerks, grocery clerks and cashier checkers, and kindred workers. - 8 - 7. Operatives (semi-skilled): Workers who operate machine or processing equipment or perform other factory-type duties of intermediate skill level which can be mastered in a few weeks and require only limited training. Includes: apprentices (auto mechanics), plumbers, building trades, metal working trades, bricklayers, carpenters, electricians, machinists, mechanics, printing trades, etc., operatives, attendants (auto service and parking), plasterers, chauffeurs, deliverymen and furnacemen, heaters (metal), laundry and dry cleaning operatives, milliners, mine operatives and laborers, motormen, oilers and greasers, (except auto painters), (except construction and maintenance), photographic process workers, stationary fireman, truck and tractor drivers, weavers, (textile), welders and flame cutters and kindred workers. 8. Laborers (unskilled): Workers in manual occupations which generally require no special training. Perform elementary duties that may be learned in few days and require the application of little or no independent judgment. Includes: garage laborers, car washers and greasers, gardeners (except farm) and groundskeepers, longshoremen, and stevedores, lumbermen, raftsmen and woodchoppers, laborers performing lifing, digging, mixing, loading and pulling operations and kindred workers. 9. Apprentices: Persons employed in a program including work training and related instruction to learn a trade or craft which is traditionally an apprenticeship, regardless of whether the program is registered with a Federal or State agency. 10. Trainees (on-the-iob): Production. . . persons in formal training for craftsmen when not trained under apprentice programs--operative laborer, and service occupations. White Collar. . . persons engaged in formal training for clerical, managerial, professional, technical, sales, office and clerical occupations. - 9 - ITEMS OF POTENTIAL MBE/WBE PARTICIPATION NOTICE TO PROSPECTIVE BIDDERS: The following are items from the F.Y. 2012 SIDEWALK REPAIR ASSESSMENT PROGRAM — ZONE 1, Contract No. 811, 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. ITEM EST. UNIT NO. DESCRIPTION UNIT QTY. 1. REM/REP SIDEWALK, 4" PCC SF 39,194.2 2. REM/REP SIDEWALK, 5" PCC, SF 2,713.9 M-4 3. REM/REP SIDEWALK, 6" PCC, SF 3,217.9 M-4 4. WATER VALVE ADJUSTMENT EA 4.0 5. CLEAN SIDEWALK, EA 50.0 AS PER PLAN MBE/WBE GOALS FOR THIS PROJECT IMPORTANT: Prime Contract Bidders should be aware that ten percent (10%) MBE goal and a two percent (2%) WBE goal is attached to this project. "Certified Return Receipt" letters are no longer needed with the bid showing proof of contacting MBE or WBE Subcontractors, but the Pre-Bid Contact Information Form must be filled out completely. City of Waterloo Contract Compliance Officer: Contract Compliance Officer Community Development Board Carnegie Annex, Suite 202 620 Mulberry Street Waterloo, IA 50703 Phone: (319) 291-4429 SUBCONTRACTOR'S BID REQUEST FORM PRIME BIDDER'S LETTERHEAD Contract No.: Letting Date: I, (subcontractor's name), hereby attest that I have been solicited for a bid on (project name) in the area of (description of work and bid item no.). (Prime contractor) has informed me that if I am interested in bidding, a subcontracting bid proposal must be submitted to the company office by (date) and (time). Subcontractor's Company Name Date Subcontractor's Signature Date Prime Bidder's Signature LETTER TO BE USED WHEN SOLICITING FOR SUBCONTRACTOR QUOTES Subcontractor Company Name Address RE: Contract No.: Dear • (Prime Contractor's Company Name) is presently soliciting for the following work in connection with the above referenced project. (Insert bid Item Nos. and Description of Work) (Prime Contractor's Company Name) is an Equal Opportunity Employer, and all qualified bidders will not be discriminated against due to race, religion, color, sex, or origin. If interested in bidding your proposal must be turned in to this office by and (Date) (Time) Sincerely, (Prime Contractor's Representative) Form CCO- 3 (11/28/2001) LETTER OF INTENT TO BID (MBE/WBE LETTER) According to the Current MBE/WBE Contract Compliance Program - 2002, all MBE/WBE Contractors interested in submitting subcontractor quotes on construction projects with goals, MUST submit a LETTER OF INTENT TO BID to the City of Waterloo Contract Compliance Officer at least seven (7) days prior to bid opening. The LETTER OF INTENT TO BID must list the specific items which the MBE/WBE Contractor is interested in bidding. Letter should include the following: Name of Project: Your Company Name: Address: Phone: Date: List of Specific items to be bid: Item No. Description: Item No. Description: Item No. Description: Item No. Description: Item No. Description: (Subcontractor's Company Name and authorized signature) Return this LETTER OF INTENT TO BID to: Contract Compliance Officer Community Development Board 620 Mulberry St. Carnegie Annex, Suite 202 Waterloo, IA 50703 Phone: (319) 291-4429 Form CCO-5 (06-20-2002) E 3 4. o c (/) en o •C •.CO E cn o a) O en ^O o :c .N• c a) o y N co 5 a) o CO ^4z O. 4+ o o Q' m .C2 i. 0 o a) C >, W c-) Z+ a It a a) co Q 0 0 .� C". O oa EC w a) C o .c ai N a) o '2 m = rj va � � � � g cu .' a d 4.0 o c a) a) E Q- U vi 0 = i. co Q7 Q U p E T - C� c N ai U > >, O . o ice+ ^'�"'., O p) 0 o o O O J cOi) 0 > CY a c c U U U = A C1Q d'0 L C � e o U) Ev m � 0 3 .o E m 0 Y 1. � > � O p U ` O a) O C O u) a) -c 0. 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O w .1 O O Q < 0 0 p ,o m � a)°` en U � oQ � � Z � � aQ a m To rnm O U U cu u U c0 .E (n p m as 0 o m (d O T a ns o• U) c (0 '"' ,e __ (n Cr) 0 a) O Q o m 3 �L .e c -O 02 c � O o 0 LU m •EW 0 E EE •E O - E o < a`> N U 'Q LL � F- U o ° � � am E 'L 'c o o -a - . p c a) •- a) ~ N z _c c = W "r _c o O a a 0._o -Q — U as (�i o .a U ri L.. v a) (ri w 1- O Cl) LL -- CERTIFIED MBE / WBE CONTRACTORS CITY OF WATERLOO, IOWA erfo© ,® CONTRACT COMPLIANCE OFFICE Community Development Board -- Carnegie Annex, Suite 202 620 Mulberry Street Waterloo,Iowa 50703 City WEB Site: www.ci.waterino.ia.u� Contract Compliance WEB Site for listing updates: http://www.wplwloo.lih.ia.us/contractcnmpliance/ Contact: Rudy Jones,Community Development Director Email: rudy.jones@waterloo-ia.nrg Phone: (319) 291-4429 Fax: (319) 291-4431 MBE;'WBE Certified.Contractors List Page l of CERTIFIED MBE CONTRACTORS CARTER ELECTRIC - 725 Adams Street Waterloo, IA 50703 Phone: (319) 232-9808 Pager: (319) 235-4021 Contact: Derrick Carter Specializing in: ELECTRICAL CONTRACTOR CULPEPPER ELECTRIC - 1731 Cottage Grove Avenue Waterloo, IA 50707 Phone: (319) 235-0885 Fax: (319) 236-8177 Contact: Martin Culpepper Certified: City of Waterloo Certified MBE, Licensed Electrician Specializing in: ELECTRICAL CONTRACTOR DANIELS HOME IMPROVEMENT 339 Albany Street — Waterloo, IA 50703 Phone: (319) 961-1659 Contact: Sammy Daniels Specializing in: ALL TYPES OF CONCRETE FLATWORK, POURED WALLS ALL TYPES, FOOTINGS, LIGHT DEMOLITION D.C. CORPORATION 426 Beech Street Waterloo, IA 50703 Phone: (319) 236-9075 FAX: (319) 236-0515 Contact: Terry Phillips Certified: City of Waterloo Certified MBE, Iowa DOT,TSB Certified Specializing in: COMMERCIAL AND RESIDENTIAL DEMOLITION, CONCRETE PAVING, DRIVEWAYS, TRUCKING (ALL TYPES), GENERAL CONSTRUCTION MBE/V,113E Certified Contractors List Page 2 of : — 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 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 MBE/WBE Certified Contractors List Page 3 of _ 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 PETERMAN & HAES CARPET ONE* 4003 University Avenue — Waterloo, IA 50701 Phone : (319) 233-6131 FAX: (319) 233-6133 email: JR 11486@a cfn 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 4 of 4 A. Less than 100 percent of lights in working order. B. Any barricades or signed moved or tipped over. C. Fencing not supported in a vertical position. D. Fencing not placed around excavations when workers/equipment are not working at the location. E. Lack of proper barricades or signage. The American Traffic Safety Service Association (ATTSA) publication "Quality Standards for Work Zone Traffic Control Devices" (Copyright 1993 ATSSA) shall be utilized by the Engineer, or authorized representative, to determine the acceptable quality level for typical work zone barricading and traffic control devices. Each incident is treated as a separate citation on an individual bases. It is not intended that minor deficiencies be penalized if corrected the day notification is given. In addition to the following schedule of fines, the Engineer may suspend work for irresponsible and/or repeated failure to construct the project using barricading and 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) All barricading necessary for completion of this project shall be considered incidental to contract bid items. 16. GRADES, LINES, LEVELS, AND SURVEYS The Contractor shall verify all grades, lines, levels, and dimensions as shown on the drawings, and he shall report any errors or inconsistencies in the same to the City Engineer before commencing work. 17. SAFETY OF WORKERS AND PUBLIC The Contractor shall, at all times, take necessary precautions to protect the life and health of all persons employed on this project and the public. He shall provide necessary safety devices and safeguards in accordance with latest and best accident prevention practices. All such protection shall be furnished to employees without cost. No direct measurement of payment shall be made for this protection but shall be considered incidental to other items of work. The public shall be kept outside of any work area. GENERAL SPECIAL PROVISIONS CONTRACT NO. 811 Page 5 of 6 18. 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: September 5, 2011 and November 11, 2011. GENERAL SPECIAL PROVISIONS CONTRACT NO. 811 Page 6 of 6 SPECIAL PROVISIONS 1. STANDARD SPECIFICATIONS The Standard Specifications which are referenced in the contract documents are designated as follows: WATERLOO STANDARD SPECIFICATIONS - "Standard Specifications for Municipal Public Works Construction, City of Waterloo, Iowa." IDOT STANDARD SPECIFICATIONS - "Standard Specifications for Highway and Bridge Construction, Iowa Department of Transportation, Ames, Iowa, Series of 2001" (unless otherwise noted) and current revisions thereof. 2. PAVEMENT MATERIAL A. CONCRETE MIXES: 1. Sidewalk: Air-entrained pavement Mix No. A-4, C-4 or M-4 with Class II Aggregate. (Class C) Fly ash, in accordance with IDOT 2301.04, Paragraph E, is permitted. Ground granulated blast furnace slag, in accordance with IDOT 2301.04 Paragraph F is permitted. 3. REVISIONS TO WATERLOO STANDARD SPECIFICATIONS A. Slump for PCC Sidewalk - The slump, measured in accordance with ASHTO T 119, shall not be less two (2") inches for machine-finished, slip-form sidewalk or four (4") inches for hand-finished sidewalk. B. Entrained Air Content for all sidewalks shall be in accordance with IDOT Specifications Section 2301.04; target 7%, minimum 6%, maximum 8%. Field adjustments may be required to result in 7% finished entrained air. 4. SIDEWALK REMOVAL Removal of concrete sidewalks shall meet the following requirements: The Contractor shall remove the sidewalks as shown on the plans or designated by the Engineer. If only portions of sidewalks are to be removed, the boundaries of removal shall be made by a vertical full-depth saw cut before breaking for removal. The Contractor shall not receive compensation for removing any sidewalk areas not designated for removal. Any areas of sidewalk broken or damaged by the Contractor's operations shall be sawed full depth at the next panel joint beyond the damage, removed and replaced by the Contractor without compensation. SPECIAL PROVISIONS CONTRACT NO. 811 Page 1 of 10 5. SIDEWALK WALK CONSTRUCTION Construction of concrete sidewalks shall meet the following requirements: A. SUBGRADE. The subgrade upon which the sidewalk is to be placed shall be prepared by excavating or filling with suitable material to a minimum depth of four (4) inches below the finished subgrade elevation of the sidewalk. Said subgrade shall be tamped with an approved hand tamper or vibratory plate or rolled with an approved steel roller until smooth, firm, uniform, and unyielding (as approved by the Engineer) to the required depth below the finished grade line. All soft, spongy or yielding spots and all vegetable or other perishable matter shall be removed and the space refilled with suitable material. NO SAND will be allowed for fill; unless it is similar to the existing subgrade material found at the work site. The subgrade shall be thoroughly moistened, as approved by the Engineer, prior to the placement of PCC. If the contractor is required to add water to the said subgrade to provide uniform moisture content, the method of incorporating said water into the subgrade shall not form mud or pools of water. B. FILLS AND CUTS. When filling is necessary to bring the walk to grade, the fill shall be deposited and compacted in layers of not more than six (6) inches. The top of all such fills shall extend beyond the walk on each side of not less than one (1) foot vertical to four (4) feet horizontal. The distance from edge of cuts at the base shall be at least one (1) foot from the nearest edge of the walk. Material shall be compacted to a minimum of ninety-five percent (95%) of its Standard Proctor Density or subbase density specification of the contract plans. C. FORMS. Forms of wood or steel shall be used along each edge of sidewalk. These forms shall be set true to line and grade and shall be held rigidly in place by stakes placed outside the forms and flush with or below the top edge of the forms. Said stakes shall be spaced no more than four (4) feet apart for wood forms and five (5) feet apart for steel forms. All steel forms shall have a height equal to the full specified depth of sidewalk. Standard dimensional lumber for wood forms shall be acceptable, i.e., 2" x 4", 2" x 6", etc., and shall be free from warp as approved by the Engineer. All forms shall be clean and free from mortar and/or dirt. When the sidewalk is curved, a one (1) inch nominal thickness wood form or flexible steel form shall be permitted. These forms shall be staked no more than two (2) feet apart or as approved by the Engineer. D. SAWING OF CONCRETE. Where sawing is required to remove existing concrete sidewalk, it shall be sawed full depth to prevent any damage to adjacent squares of sidewalk. SPECIAL PROVISIONS CONTRACT NO. 811 Page 2 of 10 E. SETTING FORMS. The forms shall be well staked as detailed in Sec. 6 to the lines and grades given by the Engineer, and their edges shall conform to the finished grade of the walk. Forms shall be so set that the walk shall have a slope toward the street of one quarter (1/4) inch for each foot of width. F. EXPANSION JOINTS. Strips of an approved type of non-extruding pre-molded asphaltic expansion joint material one-half(1/2) inch thick shall be placed perpendicular to the side forms, and to the full depth of the walk at locations where the sidewalk abut other concrete walks, structures, approach walks, or curbs. G. PLACING CONCRETE. Ready-mixed concrete for walks shall be placed immediately after delivery. Concrete shall be placed in a manner which will avoid segregation or separation of the ingredients. The concrete shall be spread evenly and tamped or vibrated, and it shall be well spaded against the forms, expansion joints or other abutting structures. Retempering of concrete by remixing with or without additional materials, shall not be permitted. H. CURING OF CONCRETE. Unless the concrete is protected for cold weather, all exposed surfaces, including surfaces from which the forms have been removed, shall be cured with a white pigmented curing compound meeting requirements of Iowa DOT Specification Section 4105. NO CLEAR CURING COMPOUNDS SHALL BE PERMITTED. Curing compound shall be applied in a fine spray to form a continuous, uniform film on the surface and vertical edges of the sidewalk slab as soon as the free water has appreciably disappeared. The rate of application shall be not less then 0.067 gallon per square yard (covering 15 square yards per gallon). Care shall be taken to ensure that liquid curing materials shall be well agitated in the supply drum or tank immediately before transfer to the distributor, and kept thoroughly agitated during application. Application shall be by means of power spraying equipment capable of producing a fine spray, which will not damage the surface of the concrete. Hand operated sprayers will be allowed, provided that the compound remains a uniform color, and with uniform coverage. If forms are used, within 30 minutes after their removal, the vertical edges of the sidewalk shall be coated with curing material, applied at the same rate as on the surface. If the coating is damaged within 72 hours after being applied, due to other operations, the affected areas shall be recoated without delay. Coating of the sawed surface with curing compound will not be permitted on joints that are to be sealed. SPECIAL PROVISIONS CONTRACT NO. 811 Page 3 of 10 I. Cold Weather Cure. Concrete less than 36 hours old shall be protected in the following manner: Night Temperature Forecast Type of Protection 35 to 32 degrees F One layer of burlap 31 to 22 degrees F Two layers of burlap or one layer of plastic on one layer of burlap Below 21 degrees F 6 inches of hay or straw* *Equivalent commercial insulating material approved by the Engineer may be used. For concrete placed after October 1 and which requires this protection, the protection shall remain until the concrete is five (5) days old. Some rough equivalents that may be used in lieu of straw are as follows: 1. Four (4) layers of burlap sandwiched between two (2) layers of plastic. 2. Three (3) layers of Burlene. 3. One (1) layer of fast track blankets. These or other equivalents may be used as long as the materials provide for a minimum of 0.75 R value and the surface of the protected concrete is maintained above 40 degrees F. When cold weather protection has to be used to protect concrete, the impervious coating can be applied after the cold weather protection has been removed. The coating needs to be applied within four (4) hours after the removal of cold weather protection. After the forms have been removed, the sides shall be backfilled with topsoil immediately. Cold weather protection, if required, shall be incidental to applicable bid items. J. WEATHER. Concrete shall not be placed when stormy or inclement weather prevents good workmanship. No lumps or frozen aggregate shall be used, and concrete shall not be placed on a frozen subgrade. If weather conditions are favorable concreting operations may be started when the temperature is at least 34 degrees F. and rising. At time of placement, the temperature of the mixed concrete as discharged from the mixer shall be 55 degrees F. or above, and may proceed as long as the temperature of the fresh concrete can be maintained at or above 55 degrees F. Mixing and placing of concrete shall stop when the air temperature is 38 degrees F. and falling. Cold weather curing methods shall be used for protection of the slab from freezing temperatures. SPECIAL PROVISIONS CONTRACT NO. 811 Page 4 of 10 K. CONSTRUCTION JOINTS. At the close of each day's work, and at any other time when the process of depositing concrete is stopped for thirty minutes or more, a construction joint shall be placed. Sections less than four (4) feet between joints shall not be permitted. If the sidewalk is wider than four (4) feet, the sections shall be the same distance between joints as the width. For this joint a wood header board shall be used having a two (2) inch nominal thickness and conform to the cross section of the walk. This header board shall be set accurately and held in place perpendicular to the surface and at right angles to the centerline. L. THICKNESS. The concrete walks constructed under this Specification shall have a minimum thickness of four (4) inches and a minimum thickness of five (5) and six (6) inches at driveway locations as specified. M. WIDTH. The width of sidewalks constructed under this Specification shall conform to the width of the existing sidewalk, or unless otherwise permitted or ordered by the City Engineer. N. FINISH AND SLAB MARKINGS. After working the concrete to an approximate true surface, the concrete shall be cut with a tool to the required sawing thickness to form the concrete into squares matching the width of the sidewalk or as directed by the Engineer. This cutting shall be followed by a marking tool forming a groove at least one-half (1/2) inch. The surface shall be finished true to grade, with a steel trowel, and afterward roughened slightly with a broom. Sawing will be permitted, provided the sawing depth is as follows: SIDEWALK THICKNESS SAW CUT DEPTH 4 INCHES 1-1/2" 5 INCHES 1-3/4" 6 INCHES 2" Sawing of the concrete shall be completed within a minimum of 24 hours after the finish work has been completed. O. CARE AND PROTECTION. Workmen shall not be permitted to walk on freshly laid concrete, and where any sand or dirt sets on the surface, it shall be carefully removed before finishing. When completed, the sidewalk shall be protected from traffic for at least three (3) days. Alleys, driveways and street crossing shall be protected from vehicular traffic for at least seven (7) days. The forms shall not be removed before twenty-four (24) hours, and when removed, earth shall be banked and compacted against the edge of the sidewalk and/or trail. P. ADJUSTMENTS. Whenever any adjustment of the grade slope or slab markings is necessary or advisable in order to have the work conform to existing abutting walk or other abutting structures, the adjustment shall SPECIAL PROVISIONS CONTRACT NO. 811 Page 5 of 10 be made only with the permission, and under the direction of the Engineer. Q. TESTING AND INSPECTION. The Engineer shall have the right to go upon any work site where sidewalks are being constructed and make tests to do such other acts as may be necessary to determine compliance with the current specifications. 6. EXISTING THIN/BRITTLE CONCRETE SIDEWALK. The Contractor is advised that some sections of sidewalk are of a thin top layer of concrete that is very brittle. The Contractor shall be extremely careful when removal is taking place so as not to disturb adjacent squares. Any sidewalk repair necessary outside the area marked for replacement due to negligence or poor workmanship by the Contractor, as determined by the Engineer or his representative, will be considered Contractor's responsibility. 7. REMOVE TREE ROOTS The Contractor will remove sidewalk at various locations where live tree roots are known to conflict with the proposed sidewalk work. After the sidewalk is removed, the sidewalk shall be barricaded properly. The Contractor shall then inform the City Leisure Services Department that the sidewalk has been removed at these locations, so the Leisure Services Department crews can investigate these conflicts and remove the roots. If the tree roots are 2" or less in diameter, as determined by the City Forester, then the contractor shall remove these roots. The locations of known tree conflicts can be found in the spreadsheet located at the front of the Location Booklet. Tree root removal shall be considered incidental. 8. PATCH SIDEWALK, AS PER PLAN No sidewalk patching required for this contract. 9. ACCESS TO PROPERTIES, REM/REP SIDEWALK, 5" PCC M-4 AND 6" PCC M-4 The Contractor shall make every effort to minimize the amount of time that access to private properties is blocked when reconstructing the sidewalk through the driveway approach. To help minimize this closure, sidewalks at driveways shall be paved with P.C.C., M-4. When a driveway is going to be closed, the property owner shall be notified 36 hours in advance. 10. BARRICADING AND TRAFFIC CONTROL Barricades and traffic control items shall be provided in order to take every reasonable precaution for providing for the safety of the general public traveling to, through, within, along and across the construction area. Barricades and SPECIAL PROVISIONS CONTRACT NO. 811 Page 6 of 10 traffic control items shall conform to the FHWA MUTCD 2009 Manual (latest revision) and more particularly detailed in Chapter IV. The Contractor shall take every reasonable precaution to prevent the public from entering the work area and to prevent the work from interfering with traffic. The Contractor or individual completing repairs shall barricade both ends of each area where curb cut or sidewalk is removed. Type I or Type II barricades shall be used. Barricades shall be clean with good reflective properties and with steady burn or flashing amber lights. Where alley approaches are removed, Type II or Type III barricades, with steady burn or flashing amber lights, shall be used on both the alley and street side of the approach. The barricades described above for pedestrian traffic shall also be required. Alley approach walks shall be replaced the day it is removed. The Engineer, or authorized representative, shall periodically review barricading and traffic control that has been put in place by the Contractor. If barricading and traffic control devices are found to be without proper maintenance, penalties shall be assessed. Improper maintenance shall include, but not be limited to, the following situations: A. Less than 100 percent of lights in working order. B. Any barricade or sign moved or tipped over. C. Fencing not supported in a vertical position. D. Fencing not placed around excavations when workers/equipment are not working at the location. E. Lack of proper barricades or signage. The American Traffic Safety Service Association (ATTSA) publication "Quality Standards for Work Zone Traffic Control Devices" (Copyright 1993 ATSSA) shall be utilized by the Engineer, or authorized representative, to determine the acceptable quality level for typical work zone barricading and traffic control devices. Each incident is treated as a separate citation on an individual basis. It is not intended that minor deficiencies be penalized if corrected the day notification is given. In addition to the following schedule of fines, the Engineer may suspend work for irresponsible and/or repeated failure to construct the project using barricading and 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 SPECIAL PROVISIONS CONTRACT NO. 811 Page 7 of 10 No separate measurement for payment shall be made for materials, labor, signs, barricades, and maintenance of said items and it shall be considered incidental to applicable items. 11. VOLUNTARY PARTNERING The City of Waterloo intends to encourage the formation of a partnership with the contractor and its principal subcontractors. This partnership will be structured to draw on the strengths of each organization to identify and achieve mutually beneficial goals. The objectives are effective and efficient contract performance and completion within budget, on schedule, and in accordance with plans and specifications. This partnership will be multi-lateral in makeup, and participation will be totally voluntary. Any cost associated with effectuating this partnering will be agreed to by all parties and will be shared equally by the participating parties. SPECIAL PROVISIONS CONTRACT NO. 811 Page 8 of 10 The establishment of a partnership charter on this project will not change the legal relationship of the parties to the contract nor relieve the parties from any of the terms of the contract. 12. 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: ITEM EST. UNIT NO. DESCRIPTION UNIT QTY. 1. REM/REP SIDEWALK, 4" PCC SF 39,119.2 2. REM/REP SIDEWALK, 5" PCC, M-4 SF 2,713.9 3. REM/REP SIDEWALK, 6" PCC, M-4 SF 3,217.9 4. WATER VALVE ADJUSTMENT EA 3.0 5. CLEAN SIDEWALK, AS PER PLAN EA 50.0 NOTE: Sidewalk cleaning will affect the Remove/Replace quantities. Sidewalks requiring cleaning have not been inspected by City staff and are included in the remove/replace quantities. Clean sidewalks will allow proper inspection by City staff, which may result in possibly significant reductions of the remove/replace quantities after the inspections are completed. 13. REPAIR LOCATIONS The following sheets are for the Contractor's information and contain the necessary quantities and types of repairs along each section of City street included in the project area. The successful bidder shall receive two (2) booklets showing the approximate locations of the repairs after the contract has been awarded. There are four (4) types of marks used to identify repair locations for this City program. A dot is used to mark a single panel that is to be removed and replaced. An "X" is used to mark a panel that may need to be removed, however, final determination cannot be made until after panels with dots have been removed. An arrow drawn away from a line represents the boundary where a series of panels will be removed and replaced. And an "F" is used to mark a panel where patching is required. If there is any doubt about a particular location, contact the City. SPECIAL PROVISIONS CONTRACT NO. 811 Page 9 of 10 14. WATER VALVE ADJUSTMENTS When a water valve is in the sidewalk area being repaired, the Contractor shall adjust the valve to the finished elevation of the sidewalk. This work shall include the removal and replacement of sidewalk, as required by the Engineer. If the water valve cannot be adjusted, the City of Waterloo shall be contacted as soon as possible. If the valve has to be raised or lowered by adding or cutting off the pipe, the Contractor will be paid the bid price for that work and any sidewalk removed and replaced under WATER VALVE ADJUSTMENT. Water valves have not been located in the field by the City. The Contractor shall exercise care during construction operations for ensure the safety and protection of all water valves located near or within the limits of construction. Damage caused by negligence or poor workmanship, as determined by the Engineer or his representative, shall be considered the Contractor's responsibility. During the placement of concrete where water valves are present, concrete shall be separated from the water valve in accordance with a method approved by the Engineer. An acceptable method consists of the following: Placement of ASTM 3034 plastic PVC pipe around the water valve cap before concrete is placed. This pipe should be cut to the appropriate depth of sidewalk. After placement and finishing of the concrete, the pipe section shall be removed and the area under the cap filled with suitable fill material. A maximum space of one-quarter inch (1/4") between the finished sidewalk and water valve cap will be acceptable. This work will not be measured for payment, and therefore, will be considered incidental to applicable bid items. Adjustment of water pave boxes is paid under WATER VALVE ADJUSTMENT, AS PER PLAN and shall include payment for any concrete removal and replacement. 15. CLEAN SIDEWALK The work for this item includes the removal of existing dirt, vegetation, etc. from the existing sidewalk. This is to allow for inspection by City personnel in order to determine actual repairs needed. The lump sum payment is for each property requiring the walk to be cleaned. NOTE: Sidewalk cleaning will affect the Remove/Replace quantities. Sidewalks requiring cleaning have not been inspected by City staff and are included in the remove/replace quantities. Clean sidewalks will allow proper inspection by City staff, which may result in possible significant reductions of the remove/replace quantities after the inspections are completed. SPECIAL PROVISIONS CONTRACT NO. 811 Page 10 of 10