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University Avenue and N. Grandview Avenue Roundabout Intersection Improvements Project Award Copyrighted May 7, 2018 City of Dubuque Action Items # 2. ITEM TITLE: UniversityAvenue and N. GrandviewAvenue Roundabout Intersection Improvement ProjectAward SUMMARY: City Manager recommending award of the construction contract for the University Avenue and N. Grandview Avenue Roundabout Intersection Improvement Project to the low bidder Eastern lowa Excavating & Concrete, LLC. RESOLUTION Awarding Public Improvement Contract for the University Avenue and North Grandview Avenue Roundabout Intersection Improvement Project lowa DOT Project No. STP-A-2100 (689)--86-31 SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type University and North Grandview Roundabout City Manager Memo Intersection Improvement Project-NNM Memo Staff Memo Staff Memo Resolution Resolutions THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: University Avenue and North Grandview Avenue Roundabout Intersection Improvement Project CIP No. 3002724, lowa DOT Project No. STP-A-2100 (689)-86-31 DATE: May 1 , 2018 Sealed bids were received for the University Avenue and North Grandview Avenue Roundabout Intersection Improvement Project by the lowa Department of Transportation. City Engineer Gus Psihoyos recommends award of the construction contract to the low bidder, Eastern lowa Excavating & Concrete, LLC, in the amount of $1 ,257,852.18, which is 8.16°k above the estimate of probable cost, subject to lowa DOT approval. The City received $964,842 in Federal and State grants for this project. I concur with the recommendation and respectfully request Mayor and City Council approval. �� Mic ael C. Van Milligen �� MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer THE CITY OF Dubuque � DU B E �� ►�� , I Masterpiece on the Mississippi 2°°''Z°lZ 2013•2017 TO: Michael C. Van Milligen, City Manager....-.�� ,� ,� ; � FROM: Gus Psihoyos, City Engineer ,��f��,,`�� DATE: April 30, 2018 RE: University Avenue and North Grandview Avenue Roundabout Intersection Improvement Project CIP No. 3002724, lowa DOT Project No. STP-A-2100 (689)--86-31 INTRODUCTION The purpose of this memorandum is to provide the City Council with information related to award a construction contract for the University Avenue and North Grandview Avenue Roundabout Intersection Improvement. BACKGROUND In July of 2016, the City received bids for this intersection and the intersection at Loras Boulevard and North Grandview Avenue to be signalized intersections. These proposed signalized intersection improvements were recommended by the East/West Corridor Study that was formally adopted by the City Council in February 2012. Because of the positive feedback and the successful operational performance of the new Grandview-Delhi-Grace Roundabout, Engineering staff considered the possibility of modifying the proposed signalization project to include a roundabout at the University Avenue and North Grandview Avenue Intersection. There were several issues that needed to be overcome before a roundabout could be considered including potential funding. City staff first discussed the potential revised roundabout concept with the lowa DOT. District 6 Local Systems Engineer was supportive of the potential project change and consulted with the Office of Traffic and Safety, who also supported the concept. To fund the proposed project, the City pursued grant funding from various sources including an DMATS Surface Transportation Block Grant (STBG) Grant, lowa Clean Air Attainment Program (ICAAP) Grant and Traffic Safety Funds Grant (TSF). The City was successful in acquiring funding for this project from all three listed funding sources. 1 DISCUSSION The project provides for construction of a roundabout at the intersection of University Avenue and North Grandview Avenue. Engineering staff has been working with MSA/Ourston on the design of the proposed roundabout. MSA/Ourston is a well- respected roundabout design firm that has been involved in the design of hundreds of roundabouts in the United States. MSA/Ourston is one of two consulting firms in lowa that the DOT uses for peer reviews on roundabout designs. MSA/Ourston designed the alignment and profile for the roundabout to make sure it properly addresses sight distance and speed concerns at the roundabout. The roundabout is designed to operate with vehicles traveling around 15 mph through the roundabout. Engineering staff used the design model developed by MSA/Ourston to develop the rest of the construction documents with specific attention to pedestrian access, including ADA issues, lighting, construction phasing, utility impacts and business access in the area. Some the physical elements of the roundabout include: ■ 9" doweled PCC pavement to facilitate larger vehicles and accommodate construction phasing. ■ A colored concrete truck apron to allow oversized vehicles to get through the roundabout when needed. Most vehicles (including buses) will not need to use the surmountable truck apron. There is an apron across from Fire Station No. 4 for turning and backing into the driveway. ■ Four (4) LED street lights to provide lighting at street intersections and cross walks for good visibility at night. ■ Directional signage to alert drivers to the operation of the roundabout and to alert them to pedestrian crossing areas. ■ Deflecting splitter islands which divert the traffic so vehicles slow down and are able to easily blend into the circular traffic pattern. ■ Recycled Purington brick accents along the edges of the project to pay respect to the former brick streets in the area. ■ Pedestrian access ramps that are ADA compliant will be installed. ■ A Jule Bus pull off lane for the relocated Mid-Town Transfer Station and related sidewalk and lighting improvements. The Jule Mid-Town Transfer Station is relocated from North Grandview Avenue south of the intersection to North Grandview Avenue north of the intersection adjacent to Allison-Henderson Park. The project will also include some utility improvements. These include the replacement of 6" and 12" watermain, replacement of 8" sanitary sewer, manholes, replacement of storm sewer, replacement of two fire hydrants, and the installation of electrical and fiber optic conduit. 2 BID RESULTS Sealed bids were received on the project by the lowa Department of Transportation on April 17, 2018 in Ames. Eastern lowa Excavating & Concrete, LLC, of Cascade, IA submitted the low bid in the amount of $1,257,852.18. This amount is 8.16°/o above the estimate of probable cost. A summary of the bid proposals received is as follows: Contractor Name Total Bid Eastern lowa Excavating & Concrete, LLC $ 1,257,852.18 Portzen Construction, Inc. $ 1,260,630.00 Midwest Concrete, Inc. $ 1,285,604.15 RECOMMENDATION I recommend that the contract for the University Avenue and North Grandview Avenue Roundabout Intersection improvement project be awarded to Eastern lowa Excavating & Concrete, LLC, of Cascade, IA, in the amount of $1,257,85.18 subject to lowa DOT approval of award. BUDGETIMPACT The estimate of probable cost for University Avenue and North Grandview Avenue Roundabout Intersection improvement project is as follows: Descr�ption Estimate Award Construction Contract $ 1,162,989.00 $1,257,852.18� Contingency (10%) 116,298.00 116,298.00 Engineering Design and Administration 120,000.00 120,000.00 Total Construction Cost Estimate $ 1,399,287.00 $1,494,150.18 The project funding summary is as follows: CIP No. Fund Description Fund Amount 3002724 lowa DOT TSF Grant $ 500,000.00 � 3002724 lowa DOT ICAAP Grant 264,842.00 3002724 DMATS STBG Grant 200,000.00 3002724 Grandview/Universit Roundabout FY18 250,000.00 3002724 Grandview/Universit Roundabout FY19 50,000.00 7401405 Watermain Replacements 115,163.00 6002765 Jule Mid-Town Transfer Relocation 39,445.00 Salt Operations Savings from Road Use Tax 74,700.18 Total Project Funding $ 1,494,150.18 3 It should be pointed out that the budget includes approximately $100,000 for the Jule Mid-Town Transfer station and $400,000 in utility replacements. ACTION TO BE TAKEN The City Council is requested to award the contract for the University Avenue and North Grandview Avenue Roundabout Intersection Improvement Project to Eastern lowa Excavating and Concrete, LLC through adoption of the enclosed resolution. cc: Bob Schiesl, Assistant City Engineer Nate Kieffer, PLS John Klostermann, Public Works Director Candace Eudaley-Loebach, Transportation Services Manager Denise Ihrig, Water Department Manager 4 RESOLUTION NO. 140-18 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE FOR THE UNIVERSITY AVENUE AND NORTH GRANDVIEW AVENUE ROUNDABOUT INTERSECTION IMPROVEMENT PROJECT IOWA DOT PROJECT NO. STP -A-2100 (689)--86-31 Whereas, said sealed proposals were opened and read by the Iowa Department of Transportation on the 17th day of April 2018 and it has been determined that Eastern Iowa Excavating & Concrete, LLC, of Cascade, IA, with a bid in the amount of $1,257,852.18 is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Eastern Iowa Excavating & Concrete, LLC, subject to the concurrence by Iowa Department of Transportation (Iowa DOT), and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 7th day of May 2018. Attest: Kevi . Firnsta I, CM , City Clerk Roy D. Buol, Mayor May 22, 2018 SMARTER 1 SIMPLER 1 CUSTOMER DRIVEN WWW.iowadot.gov Office of Contracts I Project Delivery Bureau 800 Lincoln Way I Ames, Iowa 50010 Phone: 515-239-1414 I Email: dot.contracts@iowadot.us Dear Contractor: We are enclosing one fully signed copy of the contract(s) for the attached project(s). We have attached the FHWA-1273 to each federally funded contract. 23 CFR Part 633.102(e) requires that you physically attach a copy of the FHWA-1273 to each subcontract on federally funded subcontracts. MJD/met Enc. cc: City with attachment Sincerely, -44 Mark J. Dunn, P.E. Contracts Engineer CONTRACT Letting Date: Apr 17, 2018 10:00 A.M. Contract ID: 31-2100-689 CaII Order No.: 102 County: DUBUQUE Project Engineer: CITY OF DUBUQUE, PUBLIC WORKS DIRECTOR Cost Center: 849300 Object Code: 890 DBE Commitment: $25,157.40 Contract Work Type: PCC PAVEMENT - GRADE & REPLACE This agreement made and entered by and between the Contracting Authority, CITY OF DUBUQUE and Contractor, EASTERN IOWA EXCAVATING AND CONCRETE, LLC Vendor ID: EA057 City: CASCADE State: IA It is agreed that the notice and instructions to bidders, the proposal filed by the Contractor, the specifications, the plan, if any, for project(s) listed herein, together with Contractor's performance bond, are made a part hereof and together with this instrument constitute the contract. This contract contains all of the terms and conditions agreed upon by the parties hereto. Contractor, for and in considerations of $ 1,257,852.18 payable as set forth in the specifications constituting a part of this contract, agrees to construct various items of work and/or provide various materials or supplies in accordance with the plans and specifications therefore, and in the locations designated in the Notice to Bidders. Contractor certifies by signature on this contract, under pain of penalties for false certification, that the Contractor has complied with Iowa Code Section 452A.17(8) as amended, if applicable, and Iowa Code Section 91C.5 (Public Registration Number), if applicable. In consideration of the foregoing, Contracting authority hereby agrees to pay the Contractor promptly and according to the requirements of the specifications the amounts set fourth, subject to the conditions as set forth in the specifications. It is further understood and agreed that the above work shall also be commenced or completed in accordance with Page 1B of this Contract and assigned Proposal Notes. To accomplish the purpose herein expressed, the Contracting authority and Contractor have signed this and one other identical instrument. For Fed pertine ontracts the Contractor certifies that each subcontract is evidenced in writing and that it contains all s'aTia-Ter-qtrifgments of the contract. By, 1 ntractor By, Iowa DOT Concurrence Contracting Au Contractor (if joint venture) May 7, 2018 Contract Award Date MAY 22 2018 For Local Agency Contracts Concurrence Date 0101MADOT MIMI SIMPLER I CUSTOMER MS Contract Project(s) 04/20/2018 13:43:20 AASHTOWare Project v3.01.164.01 Page 1 of 4 Contract ID: 31-2100-689 CaII Order No.: 102 Letting Date: Apr 17, 2018 10:00 A.M. Project Number: STP -A-2100(689)--86-31 County: DUBUQUE Project Work Type: PCC PAVEMENT - GRADE & REPLACE Accounting ID: 35175 Location: Roundabout at University Ave. & Grandview Ave. Intersection Route: UNIVERSITY AVE Federal Aid - Predetermined Wages are in Effect 010 A DOT ,milfirEft I SIMPLER t tkIR4,NER DRIVEN Contract Time 04/20/2018 13:43:20 AASHTOWare Project v3.01.164.01 Page 2 of 4 Contract ID: 31-2100-689 CaII Order No.: 102 Letting Date: Apr 17, 2018 10:00 A.M. 00 See Site 00 Description Below. 8/17/2018 COMPLETION DATE $1,000.00 COMPLETION DATE $1,000.00 See Site 01 Description Below. (*) - Indicates Cost Plus Time Site. See Schedule of Items for Cost Per Unit CIO ADOT WATER ER I SIMPLER I(WEIMER DRIVEN Notes 04/20/2018 13:43:20 AASHTOWare Project v3.01.164.01 Page 3 of 4 Contracts ID: 31-2100-689 Call Order No.: 102 Letting Date: Apr 17, 2018 10:00 A.M. Notes : *** Site 00 *** Site 00 is for completion of all construction in Stages 1, 2 and 3 as per plan sheet J.1. Completion means the new roundabout site is open to traffic with no further lane closures. *** Site 01 *** Site 01 is for completion of all remaining work not included in Stages 1, 2 and 3 including landscaping work. 010WADOT SMFA{ERI SIMPLER 1 CUSTOMER ORW Contract Addenda 04/20/2018 13:43:20 AASHTOWare Project v3.01.164.01 Page 4 of 4 Contract ID: 31-2100-689 Call Order No.: 102 Letting Date: Apr 17, 2018 10:00 A.M. The following is a list of Contract Addenda: 17APR102.A01 17APR102.A02 GOIOWADOT SMARTER 1 SI MPTEI !CUSTOMER DRIVEN Contract Specifications List 04/20/2018 13:43:20 AASHTOWare Project v3.01.164.01 Page 1 of 2 Contract ID: 31-2100-689 001.2015 005.1113 005.SRP.01 500.01 Call Order No.: 102 Letting Date: April 17, 2018 10:00 A.M. *** STANDARD SPECIFICATIONS -- SERIES 2015 *** The Iowa Department of Transportation STANDARD SPECIFICATIONS FOR HIGHWAY AND BRIDGE CONSTRUCTION, SERIES 2015, plus applicable General Supplemental Specifications, Developmental Specifications, Supplemental Specifications AND Special Provisions shall apply to construction work on this contract. ** ELECTRONIC DOCUMENT STORAGE **' Section 1113 shall apply to this contract. *** REVISIONS TO STANDARD ROAD PLANS TABULATION *** »> If referenced, replace the following Standard Road Plans: TC -61 TC -418 TC -421 TC -422 with the following, TC -61 TC -418 TC -421 TC -422 04-17-18 04-17-18 04-17-18 04-17-18 respectively: 04-21-15 10-15-13 10-21-14 10-15-13 *** WINTER WORK *** The free time allowed between November 15 and April 1 will not be permitted on this project. The Contractor shall work during the winter on all working days as defined in Article 1101.03 'Working Day'. FHWA-1273.05 FHWA-1273: REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS GS -15006 GENERAL SUPPLEMENTAL SPECIFICATIONS FOR HIGHWAY AND BRIDGE CONSTRUCTION C1OWADOT R 1 SIMPLER fAfER 04/20/2018 13:43:20 AASHTOWare Project v3.01.164.01 Contract Specifications List Page 2 of 2 Contract ID: 31-2100-689 CaII Order No.: 102 Letting Date: April 17, 2018 10:00 A.M. IA18-1.0 SP -156103 SP -156104 SP -156105A SP -156107 SPECIAL PROVISIONS FOR CONSENT DECREE DUBUQUE PREDETERMINED WAGE RATE - GENERAL DECISION NUMBER IA180001 FOR HEAVY AND HIGHWAY CONSTRUCTION -- STATEWIDE (EXCEPT SCOTT COUNTY) Note: The Contractor shall review the contract documents and is responsible for identifying which zone(s), as defined in the Predetermined Wage Rate specification, apply to the work on the contract. ***Additional Requirement *** The Prime Contractor shall submit certified payrolls for itself and each approved Subcontractor weekly to the Project Engineer. The Contractor may use the Iowa D.O.T. Certified Payroll form or other approved form. The Contractor shall list the craft for each employee covered by the Predetermined Wage Rates. The Prime Contractor shall sign each of the Subcontractor's payrolls to acknowledge the submittal of the Certified Payroll. SPECIAL PROVISIONS FOR LED FIRE STATION WARNING SIGN Dubuque County STP -A-2100(689)--86-31 SPECIAL PROVISIONS FOR DECORATIVE CONCRETE PAVEMENT Dubuque County STP -A-2100(689)--86-31 SPECIAL PROVISIONS FOR CONDUITS, HANDHOLES, LIGHTING, AND BASES Dubuque County STP -A-2100(689)--86-31 Dubuque County STP -A-2100(689)--86-31 �IOWADOT SMARTER I SIMPLER I CUSTOMER DRIVEN Contract Schedule 04/20/2018 13:43:20 AASHTOWare Project v3.01.164.01 Page 1 of 9 Contract ID: 31-2100-689 Awarded Vendor: EA057 EASTERN IOWA EXCAVATING AND CONCRETE, LLC SECTION 0001 Alt Set ID: ROADWAY ITEMS - ICAAP DMATS TSF Funds Alt Mbr ID: $1,257,852.18 0010 2102-0425070 SPECIAL BACKFILL 0020 2102-2713070 EXCAVATION, CLASS 13, ROADWAY AND BORROW 0030 1,430.000 TON 18.50 2105-8425005 TOPSOIL, FURNISH AND SPREAD 0040 2115-0100000 MODIFIED SUBBASE 0050 2301-1033090 STANDARD OR SLIP FORM PORTLAND CEMENT CONCRETE PAVEMENT, CLASS C, CLASS 3 DURABILITY, 9 IN. 2303-0000100 0060 0070 0080 0090 175.000 CY 467.500 CY 39.35 56.50 3,945.000 SY HOT MIX ASPHALT MIXTURE', COMMERCIAL MIX (INCLUDES ASPHALT BINDER), AS PER PLAN 2435-0130148 MANHOLE, SANITARY SEWER, SW - 301, 48 IN. 2435-01401 MANHOLE, 60 IN'. 2435-0250100 INTAKE, SW -501 73.00 175.000 TON 175.00 26,455.00 85,500.00 9,887.50 8,396.13 287,985.00 30,625.00 16,800.00 4,800.00 0100 2435-0250248 INTAKE, SW -502, 48 IN. 0110 2435-0250260 INTAKE, SW -502, 60 IN. 4.000 EACH 4,200.00 1.000 EACH 4,800.00 3.000 EACH 1.000 EACH 3,300.00 2,480.00 5.000 EACH 4,050.00 7,440.00 3,300.00 20,250.00 &IOWADOT SMARTER I SIMPLER I CUSTOMER DRIVEN Contract Schedule 04/20/2018 13:43:20 AASHTOWare Project v3.01.164.01 Page 2 of 9 Contract ID: 31-2100-689 Awarded Vendor: EA057 EASTERN IOWA EXCAVATING AND CONCRETE, LLC SECTION 0001 Alt Set ID: ROADWAY ITEMS - ICAAP DMATS TSF Funds Alt Mbr ID: 1114 $1,257,852.18 2435-0250500 INTAKE, SW -505 0130 2435-0600020 MANHOLE ADJUSTMENT, MAJOR 0140 2502-8212306 SUBDRAIN, STANDARD, PERFORATED, 6 IN., AS PER PLAN 0150 2502-8212406 SUBDRAIN, STANDARD, NON- PERFORATED, 6 IN., AS PER PLAN 0160 2503-0112015 STORM SEWER GRAVITY MAIN, TRENCHED, POLYVINYL CHLORIDE PIPE (PVC), 15 IN. 1.000 EACH 1.000 EACH 1,440.000 LF 0170 2503-0114215 STORM SEWER GRAVITY MAIN, TRENCHED, REINFORCED CONCRETE PIPE (RCP), 2000D (CLASS III), 15 IN. 0180 2503-0114218 STORM SEWER GRAVITY MAIN, TRENCHED, REINFORCED CONCRETE PIPE (RCP), 2000D (CLASS III), 18 IN. 40.000 LF 150.00 1,420.00 16.25 34.000 LF 58.50 4,150.00 1,420.00 23,400.00 650.00 1,989.00 0190 2503-0114224 STORM SEWER GRAVITY MAIN, TRENCHED, REINFORCED CONCRETE PIPE (RCP), 2000D (CLASS III), 24 IN. 0200 2503-0200036 REMOVE STORM SEWER PIPE LESS THAN OR EQUAL TO 36 IN. 375.000 LF 58.75 39.000 LF 61.85 22,031.25 2,412.15 145.000 LF 73.50 150.000 LF 14.25 10,657.50 2,137.50 CIOWA DOT SMARTER I SUMER I CUSTOMER DRIVEN Contract Schedule 04/20/2018 13:43:20 AASHTOWare Project v3.01.164.01 Page 3 of 9 Contract ID: 31-2100-689 Awarded Vendor: EA057 EASTERN IOWA EXCAVATING AND CONCRETE, LLC SECTION 0001 Alt Set ID: ROADWAY ITEMS - ICAAP DMATS TSF Funds Alt Mbr ID: $1,257,852.18 0210 2504-0114008 SANITARY SEWER GRAVITY MAIN, TRENCHED, POLYVINYL CHLORIDE PIPE (PVC), 8 IN. 0220 2510-6745850 REMOVAL OF PAVEMENT 0230 2510-6750600 REMOVAL OF INTAKES AND UTILITY ACCESSES 0240 0250 0260 0270 0280 2511-6745900 REMOVAL OF SIDEWALK 480.000 LF 4,020.000 SY 6.000 EACH 48.50 23,280.00 8.50 870.00 34,170.00' 5,220.00 8,470.00 16,960.00 9,720.00 9,968.80 5,896.25 3,420.00 532.00 1,020.00 14.00 2511-7526004 SIDEWALK, P.C. CONCRETE, 4 IN. 530.000 SY 32.00 0290 0300 2515-6745600 REMOVAL OF PAVED DRIVEWAY SIDEWALK, P.C. CONCRETE, 6 IN. 2511-7528101 DETECTABLE WARNINGS 2512-1725256 CURB AND GUTTER, P.C. CONCRETE, 2.5 FT. 2515-2475006 DRIVEWAY, P.C. CONCRETE, 6 IN. 0310 0320 2524-6765110 272.000 SF 265.000 LF 36.65 80.000 SY 42.75 2518-6910000 SAFETY CLOSURE REMOVAL OF TYPE A SIGN 6.000 EACH 25.000 EACH 170.00 00 1,100.00 &IOWADOT SMARTER SINKER I CUSFOMER DRIVEN Contract Schedule 04/20/2018 13:43:20 AASHTOWare Project v3.01.164.01 Page 4 of 9 Contract ID: 31-2100-689 Awarded Vendor: EA057 SECTION 0001 Alt Set ID: EASTERN IOWA EXCAVATING AND CONCRETE, LLC ROADWAY ITEMS - ICAAP DMATS TSF Funds Alt Mbr ID: $1,257,852.18 0330 2524-9276010 PERFORATED SQUARE STEEL TUBE POSTS 0340 2524-9276021 PERFORATED SQUARE STEEL TUBE POST ANCHOR, BREAK -AWAY SOIL INSTALLATION 432.000 0350 2524-9276024 PERFORATED SQUARE STEEL TUBE POST ANCHOR, BREAK -AWAY CONCRETE INSTALLATION 0360 2524-9325001 TYPE A SIGNS, SHEET ALUMINUM LF 11.00 15.000 EACH 174.00 4,752.00 2,610.00 21.000 EACH 240.00 5,040.00 0370 2527-9263117 PAINTED PAVEMENT MARKINGS, DURABLE 03802527-9263143' PAINTED SYMBOLS AND LEGENDS, DURABLE 0390 2527-9263600 REMOVABLE, NONREFLECTIVE, PREFORMED TAPE 0400 2528-8445110 TRAFFIC CONTROL 0410 2533-4980005 MOBILIZATION 0420 2552-0000140 ROCK EXCAVATION 0430 2554-0112006 WATER MAIN, TRENCHED, DUCTILE IRON PIPE (DIP), 6 IN. 52.320 STA 320.00 4.000 EACH 230.00 6,032.00 16, 742.40 920.00 80.060 STA LUMP SUM LUMP SUM 200.000 CY 78.00 135.00 46.000 LF 72.65 10, 808.10 26,000.00 65,000.00 15 600.00 3,341.90 &IOWADOTARTER I SIMPLER SMNKR R IVEN Contract Schedule 04/20/2018 13:43:20 AASHTOWare Project v3.01.164.01 Page 5 of 9 Contract ID: 31-2100-689 Awarded Vendor: EA057 EASTERN IOWA EXCAVATING AND CONCRETE, LLC SECTION 0001 Alt Set ID: ROADWAY ITEMS - ICAAP DMATS TSF Funds Alt Mbr ID: $1,257,852.18 2554-0112012 WATER MAIN, TRENCHED, IRON PIPE (DIP), 12 IN. 0450 2554-0203000 FITTINGS BY WEIGHT, DUCTILE IRON 0460 2554-0204107 WATER SERVICE STUB, COPPER, 3/4 IN. 440.000 LF 80.50 1,941.000 0470 2554-0207006 VALVE, GATE, DIP, 6 IN. 0480 2554-0207012 VALVE, GATE, DIP, 12 IN. 0490 2554-0210201 FIRE HYDRANT ASSEMBLY, WM-201 0500 2555-0000010 DELIVER AND MATERIALS LB 9.20 2.000 EACH 2,400.00 3.000 EACH 3.000 EACH 2,985.00 2.000 EACH 1,500.00 35,420.00 17, 857.20 4,500.00 4,985.00 9,970.00 STOCKPILE SALVAGED LUMP SUM 0510 2599-9999003 ('CUBIC YARDS' ITEM) AMENDED SOIL 0520 2599-9999005 ('EACH' ITEM) 12 IN x18 IN PRECAST COMPOSITE HANDHOLE 125.000 CY 105.00 925:00 13,125.00 0530 2599-9999005 ('EACH' ITEM) BATTERY BACKUP PED. PRECAST CONC BASE 2599-9999005 ('EACH' ITEM) DRINKING FOUNTAIN 0550 2599-9999005 ('EACH' ITEM) EMERGENCY CALL BOX TOWER 11.000 EACH 575.00 1.000 EACH 1.000 EACH 10,200.00 10,200.00 2,750.00 6,325.00' 2,750.00 1.000 EACH 17,500.00 17, 500.00 �IOWADOT SMARM I SIMPLER / CUSTOMER DRIVEN Contract Schedule 04/20/2018 13:43:20 AASHTOWare Project v3.01.164.01 Page 6 of 9 Contract ID: 31-2100-689 Awarded Vendor: EA057 EASTERN IOWA EXCAVATING AND CONCRETE, LLC SECTION 0001 Alt Set ID: ROADWAY ITEMS - ICAAP DMATS TSF Funds Alt Mbr ID: $1,257,852.18 0560 2599-9999005 (EACH' ITEM) FIBER HUB PED PRECAST CONC BASE 0570 2599-9999005 ('EACH' ITEM) FIBER VAULT 4'x4' SQUARE 0580 2599-9999005 ('EACH' ITEM) FLUSH HYDRANT YARD 0590 2599-9999005 ('EACH' ITEM) HANDHOLE PC 2' ROUND 0600 2599-9999005 ('EACH' ITEM) HANDHOLE. RECTANGULAR 2'X3' 0610 2599-9999005 ('EACH' ITEM) LED FIRE STATION WARNING SIGNS 0620 ('EACH' ITEM) LIMESTONE BLOCKS 0630 2599-9999005 ('EACH' ITEM) LUMINAIRE 0640 2599-9999005 ('EACH' ITEM) REMOVE AND SALVAGE CABINET FOUNDATION 0650 2599-9999005 ('EACH' ITEM) REMOVE AND SALVAGE FIRE HYDRANT 0660 2599-9999005 ('EACH' ITEM) REMOVE AND SALVAGE HANDHOLE 1.000 EACH 2,400.00 1.000 EACH 4,200.00 1.000 EACH 1,750.00 1.000 EACH 1,450.00 1.000 EACH 1,500.00 2.000 EACH 23.000 EACH 4.000 EACH 1,500.00 2,400.00', 4,200.00 1,750.00 1,450.00 1,500.00 3,000.00 850.00 1,100.00 3.000 EACH 1,150.00 2.000 EACH 650.00 1.000 EACH 900.00 19,550.00 4,400.00 3,450.00 1,300.00 900.00 L•IOWADOT SMARTER I SIMPLER I CUSTOMER WWI Contract Schedule 04/20/2018 13:43:20 AASHTOWare Project v3.01.164.01 Page 7 of 9 Contract ID: 31-2100-689 Awarded Vendor: EA057 EASTERN IOWA EXCAVATING AND CONCRETE, LLC SECTION 0001 Alt Set ID: ROADWAY ITEMS - ICAAP DMATS TSF Funds Alt Mbr ID: $1,257,852.18 0670 0680 2599-9999005 ('EACH' ITEM) STREET LIGHT GALVANIZED 30' 2599-9999005 ('EACH' ITEM) REMOVE AND SALVAGE LIGHT POLE AND BASE 0690 2599-9999005 ('EACH' ITEM) STREET LIGHT PRECAST CONC BASE 2'X5' 0710 0720 2599-9999009 ('LINEAR FEET' ITEM) 3C #8 AWG LUMINAIRE WIRE 0730 2599-9999009 ('LINEAR FEET' ITEM) CONDUIT 2- 13MM PULLED INTO EXISTING CON 2599-9999005 ('EACH' ITEM) STREET LIGHT PRECAST CONC BASE 2'X7' 2599-9999009 ('LINEAR FEET ITEM) #8 AWG XHHW GROUND GREEN 1.000 EACH 1,450.00 4.000 EACH 2,200.00 3.000 EACH 900.00 4.000 EACH 1,200.00, 845.000 LF 1.00 1,450.00 8,800.00 2,700.00 4,800.00 845.00 2,661.75 7,722.00 845.00 805.00 0740 2599-9999009 ('LINEAR FEET' ITEM) CONDUIT- SEVEN WAY TRENCHED 1,188.000 0750 2599-9999009 ('LINEAR FEET' ITEM) CONDUIT TRENCHED HDPE 2 INCH RED STRIPED 2599-9999009 ('LINEAR FEET' ITEM) CONDUIT TRENCHED HDPE 2-2 INCH TOGETHER LF 6.50 65.000 LF 13.00 70.000 LF 11.50 11,716.00 �IOWA DOT SMARTERI SIMPLER I CUSTOMER DRIVEN Contract Schedule 04/20/2018 13:43:20 AASHTOWare Project v3.01.164.01 Page 8 of 9 Contract ID: 31-2100-689 Awarded Vendor: EA057 EASTERN IOWA EXCAVATING AND CONCRETE, LLC SECTION 0001 Alt Set ID: ROADWAY ITEMS - ICAAP DMATS TSF Funds Alt Mbr ID: $1,257,852.18 0770 2599-9999009 ('LINEAR FEET' ITEM) CONDUIT TRENCHED HDPE 4INCH 0780 2599-9999009 (LINEAR FEET ITEM) CONDUIT TRENCHED PVC 1 INCH 0790 2599-9999009 ('LINEAR FEET ITEM) CONDUIT TRENCHED PVC 2 INCH 0800 2599-9999009 ('LINEAR FEET ITEM) CONDUIT TRENCHED PVC 4INCH 0810 2599-9999014 ('SQUARE FEET ITEM) PURINGTON PAVER WITH CONCRETE BASE 0820 2599-9999014 ('SQUARE FEET' ITEM) PURINGTON PAVER WITH PLASTIC EDGE RESTRA 0830 2599-9999018 ('SQUARE YARDS' ITEM) MEDIAN PCC 9 INCH (COLOR BRICK RED) 59.000 LF 19.00 1,121.00 56.000 LF 12.50 700.00 0840 0850 0860 (SQUARE YARDS' ITEM) STD/S-F PAVT CL C CL 3 9 INCH (RED) 2599-9999020 ('TONS' ITEM) 3 INCH Breaker Run Macadam 2601-2636044 820.000 SF 16.50 270.000 SF 24.50 13, 530.00 5.00 SEEDING AND FERTILIZING (URBAN) 0870 2602-0000030 SILT FENCE FOR DITCH CHECKS 155.000 SY 93.25 450.000 SY 82.50 4,020.000 TON 0.300 ACRE 18.000.001 15.65 14,453.75 180.000 LF 4.50 37,125.00 62, 913.00 5,400.00. 810.00 CIOWADOTSNARiSIMPLER ff CUSTOMER Contract Schedule 04/20/2018 13:43:20 AASHTOWare Project v3.01.164.01 Page 9 of 9 Contract ID: 31-2100-689 Awarded Vendor: EA057 EASTERN IOWA EXCAVATING AND CONCRETE, LLC SECTION 0001 Alt Set ID: ROADWAY ITEMS - ICAAP DMATS TSF Funds Alt Mbr ID: $1,257,852.18 2602-0000071 REMOVAL OF SILT FENCE OR SILT FENCE FOR DITCH CHECKS 0890 2602-0000101 MAINTENANCE OF SILT FENCE OR SILT FENCE FOR DITCH CHECK 0900 2602-0000312 PERIMETER AND SLOPE SEDIMENT CONTROL DEVICE, 12 IN. DIA. 180.000 LF 2.65 477.00 0910 2602-0000350 REMOVAL OF PERIMETER AND SLOPE SEDIMENT CONTROL DEVICE 0920 2602-0010010 MOBILIZATIONS, EROSION CONTROL 0930 1,345.000 2610-0000120 TREES 0940 2610-0000180 FLOWERS, AS PER PLAN 0950 2610-0000400 WATERING FOR PLANTS LF 4.000 EACH 500.00 1.50 2,017.50 3.000 EACH LUMP SUM 60.000 MGAL 680.00 23.00 2,000.00 2,040.00 26,000.00 1,380.00 Total Bid: $1,257,852.18 I. II. III. IV. V. VL VII. VIII. IX. X. XL REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS General Nondiscrimination Nonsegregated Facilities Davis -Bacon and Related Act Provisions Contract Work Hours and Safety Standards Act Provisions Subletting or Assigning the Contract Safety: Accident. Prevention False Statements Concerning Highway Projects Implementation of Clean Air Act and Federal Water Pollution Control Act Compliance with Governmentwide Suspension and Debarment Requirements Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) 1. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal -aid design - build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. FHWA-1273 -- Revised May 1, 2012 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. 11. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre -apprenticeship, and/or on-the- job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 2 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar 3 with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT's U.S. DOT -approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non - minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to at related subcontracts and lower -tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal -aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions 4 of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b.(1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis - 5 Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b.(1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee ( e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH -347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly 6 rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis - Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. 7 V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. VL SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term "perform work with its own organization" refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetemiined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is 8 evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements. VII. SAFETY: ACCIDENT PREVENTION T his pro vision is applicable to all Federal -aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS T his provision is applicable to all Federal -aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal - aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification — First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this 9 covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud ora criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which 10 this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.erls.gov/) which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. 11 DOT . dot.g �K8��QK�|k8P|�0U�U�T�KA��0!\��0 ww-- -------«�- �/..^�mn�.`o�...�u`x�w�/^^/"`�uw,"�." Office of Contracts A Project Delivery Bureau 8OOLincoln Way | Ames, Iowa 5UO1O Phone: 515-239-1414 I Email: dot.contracts@iowadot.us TO: COUNTIES CITIES COUNTY CONSERVATION BOARDS SUBJECT: INSTRUCTIONS FOR ISSUING SALES AND USE TAX EXEMPTION CERTIFICATES Iowa Code aliows designated exempt entities to issues Sales and Use Tax Exemption Certificates. These certificates, when issued to contractors and sub -contractors, allow the purchase of qualifying items to be made exempt from Iowa sales tax, applicable local option sales tax, and school infrastructure local option sales tax. Enclosed are the Sales and Use Exemption Certificates for awarded through the lowa DOT letting. IMPORTANT: Please sign each of the Sales and Use Tax Exemption Certificates and send them to the prime contractor. Cali the Office of Contractsat 515-239-1414 if you have any questions. MUD/me Enclosure(s) Sincerely, Mark J. Dunn, P.E. Contracts Engineer Iowa Department of Revenue www.state.ia.us/tax Iowa Department of Transportation F005 (650071) 08-08 DESIGNATED EXEMPT ENTITY IOWA CONSTRUCTION SALES TAX EXEMPTION CERTIFICATE AND AUTHORIZATION LETTER This document may be completed by a designated exempt entity and given to their contractor and/or subcontractor. Seiler: Keep this certificate in your files. Contractor/Exempt Entity: Keep a copy of this certificate for your records. Do not send this to the Department of Revenue. Designated Exempt Entity CITY OF DUBUQUE, PUBLIC WORKS DIREC Address 1 50 WEST 13TH ST Address 2 City DUBUQUE State IA Zip Code 52001-4864 Construction Project Name 18/04/17\102 Construction Project Number (if used) 31-2100-689 Description of contract/subcontract (please print/type clearly) DUBUQUE STP -A-2100 (689) --86-31 PCC PAVEMENT - GRADE & REPLACE General Contractor or Subcontractor Name EASTERN IOWA EXCAVATING AND CONCRET Address 1 121 NIXON ST. SE Address 2 P.O. BOX 189 City CASCADE State IA Zip Code 52033-0189 The named contractor/subcontractor may purchase building materials used in the contract, exempt from sales tax. This exemption does NOT apply to materials, equipment and supplies consumed by the contractor or subcontractor that are not incorporated into the real property being constructed. Designated Exempt Entity Authorized Agent Date 31-013 (8/18/03) AUTHORIZATION LETTER FROM IOWA DEPARTMENT OF TRANSPORTATION CONTRACTOR/SUBCONTRACTORS: A copy of this document must be presented to your supplier(s) prior to purchasing your building materials. Pursuant to Iowa Code Section: 423.3 (80). you are authorized to purchase building materials tax free for the contract specified above. The exemption certificate (or a copy of the certificate) may be provided to the suppliers of your building materials and will authorize them to sell you the materials exempt from Iowa sales tax and any applicable local option sales tax. Complete information on qualifying materials and supplies can be found at www.state.ia.us/tax, the Iowa Department of Revenue (IDR) Web site. It is your responsibility to have records identifying the materials purchased and verifying they were used on this construction project. Any materials purchased tax—free and not used on this construction project are subject to sales and applicable local option tax. Should this occur, the tax must be paid directly by you to IDR in the same calendar quarter the contract is completed. Email the department at idr@iowa.gov if you have questions on this requirement. Contractors should be aware that use of the certificate to claim exemption from tax for items not used on this project or that do not qualify for exemption could result in civil or criminal penalties. Iowa Department of Revenue www.state.ia.us/tax a Iowa Department of Transportation FOO5 (650071) 08-08 DESIGNATED EXEMPT ENTITY IOWA CONSTRUCTION SALES TAX EXEMPTION CERTIFICATE AND AUTHORIZATION LETTER This document may be completed by a designated exempt entity and given to their contractor and/or subcontractor. Seller: Keep this certificate in your files. Contractor/Exempt Entity: Keep a copy of this certificate for your records. Do not send this to the Department of Revenue. Designated Exempt Entity CITY OF DUBUQUE, PUBLIC WORKS DIREC Address 1 50 WEST 13TH ST Address 2 City DUBUQUE State IA Zip Code 52001-4864 Construction Project Name 18/04/17\102 Construction Project Number (if used) 31-2100-689 Description of contract/subcontract (please print/type clearly) DUBUQUE STP -A-2100(689)--86-31 PCC PAVEMENT - GRADE & REPLACE General Contractor or Subcontractor Name A&G ELECTRIC Address 1 490 E. 14TH ST. Address 2 City DUBUQUE State IA Zip Code 52001 The named contractor/subcontractor may purchase building materials used in the contract, exempt from sales tax. This exemption does NOT apply to materials, equipment and supplies consumed by the contractor or subcontractor that are not incorporated into the real property being constructed. Designated Exempt Entity Authorized Agent Date 31-013 (8/18/03) AUTHORIZATION LETTER FROM IOWA DEPARTMENT OF TRANSPORTATION CONTRACTOR/SUBCONTRACTORS: A copy of this document must be presented to your supplier(s) prior to purchasing your building materials. Pursuant to Iowa Code Section: 423.3 (80), you are authorized to purchase -building materials tax free for the contract specified above. The exemption certificate (or a copy of the certificate) may be provided to the suppliers of your building materials and will authorize them to sell you the materials exempt from Iowa sales tax and any applicable local option sales tax. Complete information on qualifying materials and supplies can be found at www.state.ia.us/tax, the Iowa Department of Revenue (IDR) Web site. It is your responsibility to have records identifying the materials purchased and verifying they were used on this construction project. Any materials purchased tax—free and not used on this construction project are subject to sales and applicable local option tax. Should this occur, the tax must be paid directly by you to IDR in the same calendar quarter the contract is completed. Email the department at idr@iowa.gov if you have questions on this requirement. Contractors should be aware that use of the certificate to claim exemption from tax for items not used on this project or that do not qualify for exemption could result in civil or criminal penalties. Iowa Department of Revenue Iowa Department OAIowa Transportation F005 (650071) 08-08 www.state. ia. us/tax DESIGNATED EXEMPT ENTITY IOWA CONSTRUCTION SALES TAX EXEMPTION CERTIFICATE AND AUTHORIZATION LETTER This document may be completed by a designated exempt entity and given to their contractor and/or subcontractor. Seller: Keep this certificate in your files. Contractor/Exempt Entity: Keep a copy of this certificate for your records. Do not send this to the Department of Revenue. Designated Exempt Entity CITY OF DUBUQUE, PUBLIC WORKS DIREC Address 1 50 WEST 13TH ST Address 2 City DUBUQUE State IA Zip Code 52001-4864 Construction Project Name 18/o4/17\102 Construction Project Number (if used) 31-2100-689 Description of contract/subcontract (please print/type clearly) DUBUQUE STP -A-2100 (689) --86-31 PCC PAVEMENT - GRADE & REPLACE General Contractor or Subcontractor Name MATHY CONSTRUCTION COMPANY D/B/A RI Address 1 3747 CONTRACTORS LANE (KIELER, Address 2 P.O. BOX 1430 City DUBUQUE State IA Zip Code 52001 The named contractor/subcontractor may purchase building materials used in the contract, exempt from sales tax. This exemption does NOT apply to materials, equipment and supplies consumed by the contractor or subcontractor that are not incorporated into the real property being constructed. Designated Exempt Entity Authorized Agent Date 31-013 (8/18/03) AUTHORIZATION LETTER FROM IOWA DEPARTMENT OF TRANSPORTATION CONTRACTOR/SUBCONTRACTORS: A copy of this document must be presented to your supplier(s) prior to purchasing your building materials. Pursuant to Iowa Code Section: 423.3 (80), you are authorized to purchase building materials tax free for the contract specified above. The exemption certificate (or a copy of the certificate) may be provided to the suppliers of your building materials and will authorize them to sell you the materials exempt from Iowa sales tax and any applicable local option sales tax. Complete information on qualifying materials and supplies can be found at www.state.ia.us/tax, the Iowa Department of Revenue (IDR) Web site. It is your responsibility to have records identifying the materials purchased and verifying they were used on this construction project. Any materials purchased tax—free and not used on this construction project are subject to sales and applicable local option tax. Should this occur, the tax must be paid directly by you to IDR in the same calendar quarter the contract is completed. Email the department at idr@iowa.gov if you have questions on this requirement. Contractors should be aware that use of the certificate to claim exemption from tax for items not used on this project or that do not qualify for exemption could result in civil or criminal penalties. Iowa Department of Revenue 2Iowa Department Tii1of Transportation F005 (650071) 08-08 www.state.ia.us/tax DESIGNATED EXEMPT ENTITY IOWA CONSTRUCTION SALES TAX EXEMPTION CERTIFICATE AND AUTHORIZATION LETTER This document may be completed by a designated exempt entity and given to their contractor and/or subcontractor. Seller: Keep this certificate in your files. Contractor/Exempt Entity: Keep a copy of this certificate for your records. Do not send this to the Department of Revenue. Designated Exempt Entity CITY OF DUBUQUE, PUBLIC WORKS DIREC Address 1 50 WEST 13TH ST Address 2 City DUBUQUE State IA Zip Code 52001-4864 Construction Project Name 18/04/17\102 Construction Project Number (if used) 31-2100-689 Description of contract/subcontract (please print/type clearly) DUBUQUE STP -A-2100(689)--86-31 PCC PAVEMENT - GRADE & REPLACE General Contractor or Subcontractor Name NAUMAN NURSERY Address 1 4101 PENNSYLVANIA AVE. Address 2 City DUBUQUE State IA Zip Code 52002-0000 The named contractor/subcontractor may purchase building materials used in the contract, exempt from sales tax. This exemption does NOT apply to materials, equipment and supplies consumed by the contractor or subcontractor that are not incorporated into the real property being constructed. Designated Exempt Entity Authorized Agent Date 31-013 (8/18/03) AUTHORIZATION LETTER FROM IOWA DEPARTMENT OF TRANSPORTATION CONTRACTOR/SUBCONTRACTORS: A copy of this document must be presented to your supplier(s) prior to purchasing your building materials. Pursuant to Iowa Code Section: 423.3 (80), you are authorized to purchase building materials tax free for the contract specified above. The exemption certificate (or a copy of the certificate) may be provided to the suppliers of your building materials and will authorize them to sell you the materials exempt from Iowa sales tax and any applicable local option sales tax. Complete information on qualifying materials and supplies can be found at www.state.ia.us/tax, the Iowa Department of Revenue (IDR) Web site. It is your responsibility to have records identifying the materials purchased and verifying they were used on this construction project. Any materials purchased tax—free and not used on this construction project are subject to sales and applicable local option tax. Should this occur, the tax must be paid directly by you to IDR in the same calendar quarter the contract is completed. Email the department at idr@iowa.gov if you have questions on this requirement. Contractors should be aware that use of the certificate to claim exemption from tax for items not used on this project or that do not qualify for exemption could result in civil or criminal penalties. Iowa Department of Revenue Olowa Department of Transportation F005 (650071) 08-08 www.state.ia.us/tax DESIGNATED EXEMPT ENTITY IOWA CONSTRUCTION SALES TAX EXEMPTION CERTIFICATE AND AUTHORIZATION LETTER This document may be completed by a designated exempt entity and given to their contractor and/or subcontractor. Seller: Keep this certificate in your files. Contractor/Exempt Entity: Keep a copy of this certificate for your records. Do not send this to the Department of Revenue. Designated Exempt Entity CITY OF DUBUQUE, PUBLIC WORKS DIREC Address 1 50 WEST 13TH ST Address 2 City DUBUQUE State IA Zip Code 52001-4864 Construction Project Name 18/04/17\102 Construction Project Number (if used) 31-2100-689 Description of contract/subcontract (please print/type clearly) DUBUQUE STP -A-2100 (689) --86-31 PCC PAVEMENT - GRADE & REPLACE General Contractor or Subcontractor Name ROCKETTE TRUCKING & CONSTRUCTION, L Address 1 16553 EAST MISSION RD. Address 2 City STRAWBERRY POINT State IA Zip Code 52076-8090 The named contractor/subcontractor may purchase building materials used in the contract, exempt from sales tax. This exemption does NOT apply to materials, equipment and supplies consumed by the contractor or subcontractor that are not incorporated into the real property being constructed. Designated Exempt Entity Authorized Agent Date 31-013 (8/18/031 AUTHORIZATION LETTER FROM IOWA DEPARTMENT OF TRANSPORTATION CONTRACTOR/SUBCONTRACTORS: A copy of this document must be presented to your supplier(s) prior to purchasing your building materials. Pursuant to Iowa Code Section: 423.3 (80), you are authorized to purchase building materials tax free for the contract specified above. The exemption certificate (or a copy of the certificate) may be provided to the suppliers of your building materials and will authorize them to sell you the materials exempt from Iowa sales tax and any applicable local option sales tax. Complete information on qualifying materials and supplies can be found at www.state.ia.us/tax, the Iowa Department of Revenue (IDR) Web site. It is your responsibility to have records identifying the materials purchased and verifying they were used on this construction project. Any materials purchased tax-free and not used on this construction project are subject to sales and applicable local option tax. Should this occur, the tax must be paid directly by you to IDR in the same calendar quarter the contract is completed. Email the department at idr@iowa.gov if you have questions on this requirement. Contractors should be aware that use of the certificate to claim exemption from tax for items not used on this project or that do not qualify for exemption could result in civil or criminal penalties. Iowa Department of Revenue 0 �' Iowa Department of Transportation F005 (650071) 08-08 www.state.ia.us/tax DESIGNATED EXEMPT ENTITY IOWA CONSTRUCTION SALES TAX EXEMPTION CERTIFICATE AND AUTHORIZATION LETTER This document may be completed by a designated exempt entity and given to their contractor and/or subcontractor. Seller: Keep this certificate in your files. Contractor/Exempt Entity: Keep a copy of this certificate for your records. Do not send this to the Department of Revenue. Designated Exempt Entity CITY OF DUBUQUE, PUBLIC WORKS DIREC Address 1 50 WEST 13TH ST Address 2 City DUBUQUE State IA Zip Code 52001-4864 Construction Project Name 18/04/17\102 Construction Project Number (if used) 31-2100-689 Description of contract/subcontract (please print/type clearly) DUBUQUE STP -A-2100 (689) --86-31 PCC PAVEMENT - GRADE & REPLACE General Contractor or Subcontractor Name SAFETY EQUIPMENT LEASING CO. D/B/A Address 1 15 SOUTH MAIN ST Address 2 City DUBUQUE State IA Zip Code 52003-0000 The named contractor/subcontractor may purchase building materials used in the contract, exempt from sales tax. This exemption does NOT apply to materials, equipment and supplies consumed by the contractor or subcontractor that are not incorporated into the real property being constructed. Designated Exempt Entity Authorized Agent Date 31-013 (8/18/03) AUTHORIZATION LETTER FROM IOWA DEPARTMENT OF TRANSPORTATION CONTRACTOR/SUBCONTRACTORS: A copy of this document must be presented to your supplier(s) prior to purchasing your building materials. Pursuant to Iowa Code Section: 423.3 (80), you are authorized to purchase building materials tax free for the contract specified above. The exemption certificate (or a copy of the certificate) may be provided to the suppliers of your building materials and will authorize them to sell you the materials exempt from Iowa sales tax and any applicable local option sales tax. Complete information on qualifying materials and supplies can be found at www.state.ia.us/tax, the Iowa Department of Revenue (IDR) Web site. It is your responsibility to have records identifying the materials purchased and verifying they were used on this construction project. Any materials purchased tax—free and not used on this construction project are subject to sales and applicable local option tax. Should this occur, the tax must be paid directly by you to IDR in the same calendar quarter the contract is completed. Email the department at idr@iowa.gov if you have questions on this requirement. Contractors should be aware that use of the certificate to claim exemption from tax for items not used on this project or that do not qualify for exemption could result in civil or criminal penalties. SUBCONTRACTOR AUTHORIZATION AND EEO POSTER NOTICE County: DUBUQUE Contract ID: 31-2100-689 Date of Letting: 18/04/17 Wage Decision: IA18-1.0 To: Employees and Applicants Equal Employment Opportunity (EEO) and Affirmative Action (AA) requirements apply to this contract. It is the policy of the contractors working on this contract to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age, or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre -apprenticeship, and/or on-the-job training. You should contact the Iowa Department of Transportation, Office of Employee Services, Civil Rights Section at 515-239-1921 to register your complaint if you feel that you are being discriminated against because of your race, religion, sex, color, national origin, age, or disability. Contractors authorized to work on this contract are listed below. Individuals seeking employment may contact them about employment opportunities and information about each company's training program. Contractor City tate Telephone A&G ELECTRIC DUBUQUE IA 563 588-4253 EASTERN IOWA EXCAVATING AND CONCRET CASCADE IA 563 852-5120 MATHY CONSTRUCTION COMPANY D/B/A RI DUBUQUE IA 608 568-3433 NAUMAN NURSERY DUBUQUE IA 563 599-7708 ROCKETTE TRUCKING & CONSTRUCTION, L STRAWBERRY POIN IA 563 933-2035 SAFETY EQUIPMENT LEASING CO. D/B/A DUBUQUE IA 563 556-2434 F002 (650196) 09-13 April 24, 2018 DOT �� SMARTER 1 SIMPLER 1 CUSTOMER DRIVEN To: Local Agency Contracting Authority www.iowodot.gov OOffice of Contracts I Project Delivery Bureau 800 Lincoln Way I Ames, Iowa 50010 Phone: 515-239-1414 1 Email: dot.contracts@iowadot.us Subject: Contracts for Award Determination (See listing enclosed) The Iowa DOT has accepted bids on behalf of your agency. We have determined the contractor who provided the lowest responsive bid. It is your responsibility to analyze the bids and make a final determination to award the contract or reject all bids. We have enclosed a copy of the bid tabulations for your review of the bids. Also enclosed are two (2) original copies of the contract. Please take one of the two following actions: REJECT ALL BIDS OPTION Do not have discussions with the contractor prior to rejecting all bids. 1. Take formal Board/Council action to reject all bids. 2. Send written notification to the contractor of your intent to not award a contract. 3. Send written notification with justification to the Office of Contracts, Iowa DOT, of your action to reject all bids within 30 days. 4. Destroy bid tabs. This information is confidential for projects that are not awarded. AWARD OF CONTRACT OPTION Do not discuss or have discussions with the contractor prior to receiving notice from the DOT that the DOT has concurred in the award of the contract. 1. Take formal Board/Council action to award the contract. 2. Send 2 originals of the contract to the contractor and ask for two signed originals to be returned to the contracting authority for signature.. Do not remove any pages from this contract. 3. Obtain Bond Form 181419 (12-16) from the contractor. The Local Agency must sign the bond where indicated. 4. Obtain a "certificate of insurance" from the contractor listing the contractor as insured and the contracting authority as an additional insured party. 5. Please forward two originals of the contract, one original performance bond, and one certificate of insurance to: Mary Thompson Office of Contracts, Iowa DOT 800 Lincoln Way, Ames, IA 50010 These contract documents should be returned to the Office of Contracts within 30 days, regardless of when the work is proposed to start. 6. The Office of Contracts will furnish your City Clerk/County Engineer and the contractor a fully executed and signed original of the contract. 7. The Office of Contracts will authorize all subcontracts and send the City Clerk/County Engineer the paper tax exemption certificates for signature. 8. The contracting authorities are reminded that federal regulations may apply to this contract. The contracting authorities shall ensure compliance with all applicable civil rights, and Davis -Bacon requirements. The Office of Contracts, Iowa DOT, will furnish the contractor with applicable posters. Please contact the Iowa Department of Transportation Administrating Office regarding the pre -construction meeting and construction administration and inspection requirements. Note: No preconstruction conferences shall be held and no work shall commence on this project untilthe contractor has been furnished a fully executed and signed contract. 0 Sincerely, Mark J. Dunn, P.E. Contracts Engineer MJD/met Enc. CD • ELIST90 - Part A Iowa Department of Transportation -- Office of Contracts p. 21 Local Awarded Contracts in the 17APR2018 Letting Contracting Authority: CITY OF DUBUQUE Bid Order: 101 Bid Order: 102 Awarded to: MIDWEST CONCRETE, INC. 9835 COTTINGHAM ROAD PEOSTA, IA 52068-7001 Phone: (563)845-0947 FAX: (563)583-1007 Awarded to: EASTERN IOWA EXCAVATING & CONCRETE, LLC 121 NIXON ST. SE' P.O. BOX 189 CASCADE, IA 52033-0189 Phone: (563)852-5120 FAX: (563)852-6020