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City of Iowa City
MEMORANDUM
TO: Terry Trueblood
FROM: Marian K. Karr, City Clerk
DATE: July 24, 2000
SUBJECT: City Projects
In order to close our City Project files, a resolution accepting the work must be done.
The following projects have not been accepted. If these projects are completed, please
Initiate a resolution or a memo to the file so that the project(s) can be closed.
Robert A Lee Recreation Center/Gynasium & Senior Center/
Aerobics Room Replacement/ (Floors)/1997
Napoleon Park/Softball Fencing/1997
City of Iowa city
MEMORANDUM
TO: Terry Trueblood
FROM: Marian K. Karr, City Clerk
DATE: September 1, 1998
SUBJECT: City Projects
In order to close our City Project files, a resolution accepting the work must be done.
The following projects have not been accepted. If these projects are completed, please
initiate a resolution or a memo to the file so that the project(s) can be closed.
Robert A Lee Rec Center/Gymnasium and Senior Center/Aerobics
Room Replacement, (Floors), 1997
Napoleon Park/Softball Field Fencing, 1997
cc: Eleanor Dilkes
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City of Iowa City
MEMORANDUM
TO:
Terry Trueblood
FROM:
Manan K. Karr, City Clerk
DATE:
July 1, 1998
SUBJECT:
City Projects
In order to close our City Project files, a resolution accepting the work must be done.
The following projects have not been accepted. If these projects are completed, please
initiate a resolution or a memo to the file so that the project(s) can be closed.
Robert A Lee Rec Center/Gymnasium and Senior Center/Aerobics
Room Replacement, (Floors), 1997
Napoleon Park/Softball Field Fencing, 1997
Prepared by: Marilyn Kriz, Parks and Rec, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110
RESOLUTION NO. 97-222
A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM
OF CONTRACT, AND ESTIMATE OF COST FOR NAPOLEON PARK SOFTBALL FIELD
FENCING PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID
HEARING, AND DIRECTING THE PARKS AND RECREATION DIRECTOR TO PLACE
SAID PLANS ON FILE FOR PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for
the construction of the above-mentioned project is to be held on the 29th day of July,
1997, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa.
2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing
for the above-named proposal in a newspaper published at least once weekly and having a
general circulation in the City, not less than four (4) nor more than twenty (20) days before
said hearing.
3. That the copy of the plans, specifications, form of contract, and estimate of cost for the
construction of the above-named project is hereby ordered placed on file by the Parks and
Recreation Director in the office of the City Clerk for public inspection.
Passed and approved this 15th day of July , 1997.
ATTEST: /�J � 2a )
CIT LERK
%la�4.
MAYOR
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City Attorney's Office
It was moved by Lehman and seconded by
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Baker
X Kubby
Lehman
M Norton
X Novick
X Thornberry
X Vanderhoef
Norton the Resolution be
parksrec\res\roof-rep.doc
CITY OF IOWA CITY
DEPARTMENT OF PARKS AND RECREATION
RECREATION DIVISION
PLANS, SPECIFICATIONS, PROPOSAL AND CONTRACT
FOR THE NAPOLEON PARK SOFTBALL FENCING PROJECT
IOWA CITY, IOWA
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PLANS, SPECIFICATIONS, PROPOSAL AND CONTRACT
FOR THE NAPOLEON PARK SOFTBALL FENCING PROJECT
IOWA CITY, IOWA
ADVERTISEMENT FOR BIDS .................................. AF -1
NOTE TO BIDDER .......................................... NB -1
FORM OF PROPOSAL ....................................... FP -1
BIDBOND ................................................ BB -1
AGREEMENT .............................................. AG -1
PERFORMANCE AND PAYMENT BOND ......................... PB -1
GENERAL CONDITIONS ..................................... GC -1
SUPPLEMENTARY CONDITIONS .............................. SC -1
RESTRICTION ON NON-RESIDENT BIDDING ON
NON -FEDERAL -AID PROJECTS ............................. R-1
SPECIFICATIONS
DIVISION 1 - GENERAL REQUIREMENTS
Section
ra a of1�V rk .......................... 01010-1
Section 01015 ales ... 01015-1
Section 0 Measurement and Pay nt ................... 01025-1
Sec' 01310 Progress and Schedules ..................... 01310-1
ection 01570 Traffic Control and Construction Facilities ......... 01570-1
DIVISION f - SUMMARY OF THE WORK
CONTRACT COMPLIANCE PROGRAM
(ANTI -DISCRIMINATION REQUIREMENTS) .................... CC -1
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TABLE OF CONTENTS {rr:
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Page P*nber
TITLE SHEET
TABLE OF CONTENTS
NOTICE OF PUBLIC HEARING ................................ PH -1
ADVERTISEMENT FOR BIDS .................................. AF -1
NOTE TO BIDDER .......................................... NB -1
FORM OF PROPOSAL ....................................... FP -1
BIDBOND ................................................ BB -1
AGREEMENT .............................................. AG -1
PERFORMANCE AND PAYMENT BOND ......................... PB -1
GENERAL CONDITIONS ..................................... GC -1
SUPPLEMENTARY CONDITIONS .............................. SC -1
RESTRICTION ON NON-RESIDENT BIDDING ON
NON -FEDERAL -AID PROJECTS ............................. R-1
SPECIFICATIONS
DIVISION 1 - GENERAL REQUIREMENTS
Section
ra a of1�V rk .......................... 01010-1
Section 01015 ales ... 01015-1
Section 0 Measurement and Pay nt ................... 01025-1
Sec' 01310 Progress and Schedules ..................... 01310-1
ection 01570 Traffic Control and Construction Facilities ......... 01570-1
DIVISION f - SUMMARY OF THE WORK
CONTRACT COMPLIANCE PROGRAM
(ANTI -DISCRIMINATION REQUIREMENTS) .................... CC -1
NOTICE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT
AND ESTIMATED COST FOR
NAPOLEON PARK SOFTBALL
FIELD FENCING PROJECT
IN THE CITY OF IOWA CITY, IOWA
TO ALL TAXPAYERS OF THE CITY OF IOWA
CITY, IOWA, AND TO OTHER PERSONS IN-
TERESTED:
Public notice is hereby given that the City
Council of the City of Iowa City, Iowa, will
conduct a public hearing on plans, specifica-
tions, form of contract and estimated cost for
the removal and replacement of the roof and
insulation on the Napoleon Park Softball Field
Fencing Project in said City at 7:00 p.m. on the
29th day of July, 1997, said meeting to be
held in the Council Chambers in the Civic
Center in said City.
Said plans, specifications, form of contract
and estimated cost are now on file in the office
of the City Clerk in the Civic Center in Iowa
City, Iowa, and may be inspected by any
persons interested.
Any persons interested may appear at said
meeting of the City Council for the purpose of
making objections to said plans, specifications,
contract or the cost of making said improve-
ment.
This notice is given by order of the City
Council of the City of Iowa City, Iowa.
MARIAN K. KARR, CITY CLERK
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ADVERTISEMENT FOR BIDS
NAPOLEON PARK SOFBALL
FIELD FENCING PROJECT
Sealed proposals will be received by the City
Clerk of the City of Iowa City, Iowa, until 10:00
A.M. on the 19th day of August, 1997, and shall
be received in the City Clerk's office no later than
said date and time. Sealed proposals will be
opened immediately thereafter by the City Engi-
neer. Bids submitted by fax machine shall not be
deemed a 'sealed bid' for purposes of this
Project. Proposals will be acted upon by the City
Council at a meeting to be held in the Council
Chambers at 7:00 P.M. on the 26th day of Au-
gust, 1997, or at such later time and place as
may then be scheduled.
The Project will involve the following:
Fencing Eight (8) Softball Fields
All work is to be done in strict compliance with
the plans and specifications prepared by Mike
Moran, of the City of Iowa City, Iowa City, Iowa,
which have heretofore been approved by the City
Council, and are on file for public examination in
the Office of the City Clerk.
Each proposal shall be completed on a form
furnished by the City and must be accompanied
in a sealed envelope, separate from the one
containing the proposal, by a bid bond executed
by a corporation authorized to contract as a
surety in the State of Iowa, in the sum of 10% of
the bid. The bid security shall be made payable
to the TREASURER OF THE CITY OF IOWA
CITY, IOWA, and shall be forfeited to the City of
Iowa City in the event the successful bidder fails
to enter into a contract within ten (10) calendar
days and post bond satisfactory to the City
insuring the faithful performance of the contract
and maintenance of said Project, if required,
pursuant to the provisions of this notice and the
other contract documents. Bid bonds of the
lowest two or more bidders may be retained for
a period of not to exceed fifteen (15) calendar
days until a contract is awarded, or until rejection
is made. Other bid bonds will be returned after
the canvass and tabulation of bids is completed
and reported to the City Council.
The successful bidder will be required to
furnish a bond in an amount equal to one hun-
dred percent (100%) of the contract price, said
bond to be issued by a responsible surety ap-
proved by the City Council, and shall guarantee
the prompt payment of all materials and labor,
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and also protect and save harmless the City from
all claims and damages of any kind caused
directly or indirectly by the operation of the
contract, and shall also guarantee the mainte-
nance of the improvement for a period of one (1)
year(s) from and after its completion and formal
acceptance by the City.
The following limitations shall apply to this
Project:
Specified Start Date: Any - Must finish by
March 1, 1998
Liquidated Damages: $100.00 per day
The plans, specifications and proposed con-
tract documents may be examined at the office of
the City Clerk. Copies of said plans and specifi-
cations and form of proposal blanks may be
secured at the Office of City Clerk, Iowa City,
Iowa, by bona fide bidders.
Prospective bidders are advised that the City of
Iowa City desires to employ minority contractors
and subcontractors on City projects.
Bidders shall list on the Form of Proposal the
names of persons, firms, companies or other
parties with whom the bidder intends to subcon-
tract. This list shall include the type of work and
approximate subcontract amount(s).
The Contractor awarded the contract shall
submit a list on the Form of Contract of the
proposed subcontractors, together with quantities,
unit prices and extended dollar amounts. If no
minority business enterprises (MBE) are utilized,
the Contractor shall furnish documentation of all
reasonable, good faith efforts to recruit MBE's.
A listing of minority contractors can be ob-
tained from the Iowa Department of Economic
Development at (515) 242-4721.
By virtue of statutory authority, preference will
be given to products and provisions grown and
coal produced within the State of Iowa, and to
Iowa domestic labor, to the extent lawfully re-
quired under Iowa Statutes. The Iowa Reciprocal
Preference Act applies to the contract with re-
spect to bidders who are not Iowa residents.
The City reserves the right to reject any or all
proposals, and also reserves the right to waive
technicalities and irregularities.
Published upon order of the City Council of
Iowa City, Iowa.
MARIAN K. KARR, CITY CLERK
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NOTE TO BIDDERS
All bidders and all subcontractors are required to submit with the BID three references involving
similar projects, including at least one municipal reference. Award of the bid or use of specific
subcontractors may be denied if sufficient favorable references are not verified or may be denied
based on past experience on projects with the City of Iowa City. References shall be addressed
to the City Engineer and include name, address and phone number of contact person, for City
verification.
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FORM OF PROPOSAL
NAPOLEON PARK SOFTBALL FENCING PROJECT
CITY OF IOWA CITY
NOTICE TO BIDDERS:
PLEASE DO NOT USE THE FORM OF PROPOSAL INCLUDED IN THE BOUND
VOLUME OF THE SPECIFICATIONS. SEPARATE COPIES OF THIS PROPOSAL ARE
CONTAINED WITHIN THE BACK COVER OF THIS DOCUMENT.
Name of Bidder
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Address of Bidder
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TO: City Clerk
City of Iowa City
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Civic Center o
410 E. Washington St.
Iowa City, IA 52240
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The undersigned bidder submits herewith bid security in the amount of $
, in
accordance with the terms set forth in the "Project Specifications."
The undersigned bidder, having examined and determined the scope of the
Contract
Documents, hereby proposes to provide the required labor, services, materials and equipment
and to perform the Project as described in the Contract Documents, including Addenda
, and , and to do all work at the prices.
We further propose to do all "Extra Work" which may be required to complete the work
contemplated, at unit prices or lump sums to be agreed upon in writing prior to starting such work.
ESTIMATED UNIT EXTENDED
ITEM DESCRIPTION UNIT QUANTITY PRICE AMOUNT
TOTAL EXTENDED AMOUNT = $
FP -1
The names of those persons, firms, companies or other parties with whom we intend to enter into
a subcontract, together with the type of subcontracted work and approximate dollar amount of the
subcontract, are as follows:
NOTE: All subcontractors are subject to approval by City.
The undersigned bidder certifies that this proposal is made in good faith, and without
collusion or connection with any other person or persons bidding on the work.
The undersigned bidder states that this proposal is made in conformity with the Contract
Documents and agrees that, in the event of any discrepancies or differences between any
conditions of this proposal and the Contract Documents prepared by the City of Iowa City, the
more specific shall prevail.
FIRM:
(Title)
(Title)
(Business Add
(Work Phone Number(s))
(Name of Contact Person for Bg
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as Principal, and
as Surety declare that we are held and are firmly bound
unto , hereinafter called "OWNER," in
the sum of
Dollars ($ ) to pay said sum as herein provided. We as Principal and
Surety further promise and declare that these obligations shall bind our heirs, executors,
administrators, and successors jointly and severally. This obligation is conditioned on the
Principal submission of the accompanying bid, dated
for Project.
NOW, THEREFORE,
(a) If said Bid shall be rejected, or in the alternate,
(b) If said Bid shall be accepted and the Principal shall execute and deliver a contract
in the form specified, and the Principal shall then furnish a bond for the Principal's
faithful performance of said Project, and for the payment of all persons performing
labor or furnishing materials in connection therewith, and shall in all other respects
perform the Project, as agreed to by the City's acceptance of said Bid,
then this obligation shall be void. Otherwise this obligation shall remain in full force and effect,
provided that the liability of the Surety for any and all claims hereunder shall, in no event, exceed
the amount of the obligation stated herein.
By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the
Owner in the event that the Principal fails to execute the contract and provide the bond, as
provided in the Project specifications or as required by law.
The Surety, for value received, hereby stipulates and agrees that the obligations of said
Surety and its bond shall in no way be impaired or affected by any extension of the time within
which the Owner may accept such Bid or may execute such contract documents, and said Surety
does hereby waive notice of any such time extension.
The Principal and the Surety hereto execute this bid bond this
of , A.D., 199_.
Witness
Witness
day
(Seal)
Principal
By (Title)
(Seal)
Surety
By
(Attomey-+M-fact)
Attach Power -of -Attorney
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FORM OF AGREEMENT
THIS AGREEMENT is made and entered into by and between the City of Iowa City, Iowa
("City"), and
("Contractor").
Whereas the City has prepared certain plans, specification forms for proposal and bid
documents dated the day of
199_, for the
Project ("Project'), and
Whereas, said plans, specifications, proposal and bid documents accurately and fully
describe the terms and conditions upon which the Contractor is willing to perform the Project.
NOW, THEREFORE, IT IS AGREED:
1. The City hereby accepts the attached proposal and bid documents of the
Contractor for the Project, and for the sums listed therein.
2. This Agreement consists of the following component parts which are incorporated
herein by reference:
a. Addenda Numbers
b. "Standard Specifications for Highway and Bridge Construction," Series of
1992, Iowa Department of Transportation, Highway Division, as amended;
C.
Plans;
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d.
Specifications and Supplementary Conditions;
e.
Advertisement for Bids;
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f.
Note to Bidders;
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Performance and Payment Bond;
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h.
Restriction on Non -Resident Bidding of Non -Federal -Aid Projects;
i. Contract Compliance Program (Anti -Discrimination Requirements);
j. Proposal and Bid Documents; and
k. This Instrument.
The above components are deemed complementary and should be read together. In the
event of a discrepancy or inconsistency, the more specific provision shall prevail.
AG -1
3. The names of subcontractors approved by City, together with quantities, unit
prices, and extended dollar amounts, are as follows (or shown on an attachment):
4. Payments are to be made to the Contractor in accordance with the Supplementary
Conditions.
DATED this day of , 199_.
ATTEST:
Mayor
Contractor
(Title)
ATTEST:
City Clerk (Company Official)
AG -2
Approved By:
City Attorney's Office
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PERFORMANCE AND PAYMENT BOND
as
(Here insert the name and address or legal title of the Contractor)
Principal, hereinafter called the Contractor and
(insert the legal title of the Surety)
as Surety, hereinafter called
the Surety, are held and firmly bound unto the City of Iowa City, Iowa, as obligee, hereinafter
called the Owner, in the amount of
Dollars ($ ) for the payment for which
Contractor and Surety hereby bind themselves, their heirs, executors, administrators, successors
and assigns, jointly and severally.
WHEREAS, Contractor has, as of
(date)
written Agreement with Owner for
entered into a
Project; and
WHEREAS, the Agreement requires execution of this Performance and Payment Bond,
to be completed by Contractor, in accordance with plans and specifications prepared by
which Agreement is by reference made a part hereof, and the
agreed-upon work is hereafter referred to as the Project.
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if
Contractor shall promptly and faithfully perform said Agreement, then the obligation of this bond
shall be null and void; otherwise it shall remain in full force and effect until satisfactory completion
of the Project.
A. The Surety hereby waives notice of any alteration or extension of time made by the
Owner.
B. Whenever Contractor shall be, and is declared by Owner to be, in default under the
Agreement, the Owner having g performed Owner's obligations thereunder, ttig Sure"ay""'
promptly remedy the default, or shall promptly: w °
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1. Complete the Project in accordance with the terms and conditions of the
Agreement, or
2. Obtain a bid or bids for submission to Owner for completing the Project in
accordance with the terms and conditions of the Agreement; and upon determina-
tion by Owner and Surety of the lowest responsible bidder, arrange for a contract
between such bidder and Owner, and make available, as work progresses (even
though there may be a default or a succession of defaults under the Agreement
or subsequent contracts of completion arranged under this paragraph), sufficient
funds to pay the cost of completion, less the balance of the Contract Price, but not
exceeding the amount set forth in the first paragraph hereof. The term °balance
of the Contract Price," as used in this paragraph, shall mean the total amount
payable by Owner to Contractor under the Agreement, together with any addenda
and/or amendments thereto, less the amount properly paid by Owner to
Contractor.
C. The Contractor and Contractor's Surety shall, in accordance with the provisions of Chapter
384, Code of Iowa, be obligated to keep the improvements covered by this bond in good
repair for a period of () years from the date of formal acceptance of the
improvements by the Owner.
D. No right of action shall accrue to or for the use of any person, corporation or third party
other than the Owner named herein or the heirs, executors, administrators or successors
of Owner.
IT IS A FURTHER CONDITION OF THIS OBLIGATION that the Principal and Surety, in
accordance with provisions of Chapter 573, Code of Iowa, shall pay to all persons, firms or
corporations having contracts directly with the Principal, including any of Principal's subcontrac-
tors, all claims due them for labor performed or materials furnished in the performance of the
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Agreement for whose benefit this bond is given. The provisions of Chapter 573, Code of -Iowa, _.
are a part of this bond to the same extent as if it were expressly set out herein. �� w
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SIGNED AND SEALED THIS DAY OF
IN THE PRESENCE OF:
(Principal)
Witness (Title)
Witness
Im
(Surety)
(Title)
(Address)
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GENERAL CONDITIONS
Division 11, General Requirements and Covenants of the Iowa Department of Transportation
"Standard Specifications for Highway and Bridge Construction," Series of 1992, as amended, shall
apply except as amended in the Supplementary Conditions.
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• SUPPLEMENTARY CONDITIONS
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TABLE OF CONTENTS OF SUPPLEMENTARY CONDITIONS
Article or Paragraph
Page
Number & Title
Number
S-1
Definitions ...................................
SC -1
S-2
Limitations of Operations ........................
SC -2
S-3
Insurance ...................................
SC -2
S-4
Supervision and Superintendence .................
SC -4
S-5
Concerning Subcontractors, Suppliers and Others ......
SC -4
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S-6
Compliance with OSHA Regulations ................
SC -4
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S-7
Employment Practices ..........................
SC -5
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S-8
Contract Compliance Program (Anti -Discrimination
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Requirements)
SC -5
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S-9
Measurement and Payment ......................
SC -5
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S-10
Construction Stakes ...........................
SC -5 c.
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S-11
Restriction on Non -Resident Bidding on
Non -Federal -Aid Projects ......................
SC -5
S-12
Performance Evaluation .........................
SC -5
Caption and Introductory Statements
These Supplementary Conditions amend or supplement Division 11 of the Iowa Department of
Transportation "Standard Specifications for Highway and Bridge Construction," Series of 1992,
as amended and other provisions of the Contract Documents as indicated below. All provisions
which are not so amended or supplemented remain in full force and effect.
S-1 DEFINITIONS.
ADD to or CHANGE the following definitions within 1101.03 of the [DOT STANDARD SPECIFICA-
TIONS.
"ENGINEER" shall mean the Director of Public Works for the City of Iowa City, Iowa or his
authorized representative.
"OWNER" and "CITY" shall mean the City of Iowa City, Iowa acting through the City Council
and duly authorized agents.
"CONTRACTING AUTHORITY," "DEPARTMENT OF TRANSPORTATION," or "COUNTY"
shall mean the CITY.
"IDOT STANDARD SPECIFICATIONS" shall mean the Iowa Department of Transportation
"Standard Specifications for Highway and Bridge Construction," Series of 1992, as amended.
SC -1
S-2 LIMITATIONS OF OPERATIONS.
Add the following paragraph to 1108.03 of the IDOT STANDARD SPECIFICATIONS:
Except for such work as may be required to properly maintain lights and barricades, no work
will be permitted on Sundays or legal holidays without specific permission of the ENGINEER.
S-3 INSURANCE.
A. CERTIFICATE OF INSURANCE: CANCELLATION OR MODIFICATION
1. Before commencing work, the Contractor shall submit to the City for approval of a
Certificate of Insurance, meeting the requirements specified herein, to be in effect for
the full contract period. The name, address and phone number of the insurance
company and agent must accompany the certificate.
2. The Contractor shall notify the City in writing at least thirty (30) calendar days prior to
any change or cancellation of said policy or policies.
3. Cancellation or modification of said policy or policies shall be considered just cause for
the City of Iowa City to immediately cancel the contract and/or to halt work on the
contract, and to withhold payment for any work performed on the contract.
B. MINIMUM COVERAGE
Any policy or policies of insurance purchased by the Contractor to satisfy his/her
responsibilities under this contract shall include contractual liability coverage, and shall be
in the following type and minimum amounts:
Type of Coverage
a. Comprehensive General Liability Each Occurrence Aggregate
(1) Bodily Injury $500,000 $1,000,000
(2) Property Damage $ 250,000
b. Motor Vehicle Liability &
Property Damage Insurance Per Person Per Accident
(1) Bodily Injury $500,000 $500,000
(2) Property Damage $250,000
c. Workers' Compensation Insurance as required by Chapter 85, Code of Iowa
NOTE TO SPECIFIER:
"'Verify coverage amounts with the Risk Manager, City of Iowa City, 319-356-5053.
In addition, the Contractor shall be required to comply with the following provisions with
respect to insurance coverage:
1. The entire amount of Contractor's liability insurance policy coverage limits, identified
in the policy and on the Certificate of Insurance, must, under the policy, be available
to pay damages for which the insured Contractor becomes liable, or for which the
insured assumes liability under the indemnity agreement herein contained, and such
coverage amount shall not be subject to reduction or set off by virtue of inves +igation
or defense costs incurred by Contractor's insurer.
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2. The entire amount of the Contractor's liability insurance policy coverage limits shall be
payable by the Contractor's insurer, with no deductible to be paid by, or self-insured
retention to be attributed to, the Contractor unless this requirement is waived by the
City. Contractor's Certificate of Insurance must set forth the nature and amount of any
such deductible or self-insured retention.
3. If Contractor's liability insurance coverage is subject to any special exclusions or
limitations not common to the type of coverage being provided, such exclusions or
limitations shall be noted on the Certificate of Insurance.
4. The City prefers that Contractor provide it with "occurrence form" liability insurance
coverage. If Contractor can only provide "claims -made" insurance coverage, then the
Contractor must comply with the following requirements:
a. If the Contractor changes insurance carriers, or if Contractor's insurance coverage
is canceled, during the contract period or within two years after completion of the
Contract and City's acceptance of the work, Contractor agrees to immediately
notify the City of such event.
b. If Contractor's insurance is canceled or is allowed to lapse during said period,
Contractor shall be required to obtain replacement insurance coverage to fulfill its
obligation hereunder.
C. If, during said period, Contractor voluntarily changes insurance carriers or is
required to obtain replacement coverage from another carrier, Contractor shall
either (1) purchase "tail" coverage from its first carrier effective for a minimum of
two years after inception thereof, or (2) purchase "prior acts" insurance coverage
from its new carrier, covering prior acts during the period of this Contract from
and after its inception.
"Tail" or "prior acts" coverage so provided shall have the same coverage, with the
same limits, as the insurance specified in this Contract, and shall not be subject
to any further limitations or exclusions, or have a higher deductible or self-insured
retention than the insurance which it replaces.
S. The City reserves the right to waive any of the insurance requirements herein provided.
The City also reserves the right to reject Contractor's insurance if not in compliance
with the requirements herein provided, and on that basis to either award the contract
to the next low bidder, or declare a default and seek specific performance or
termination, as the case may be.
In the event that any of the policies of insurance or insurance coverage identified on
Contractor's Certificate of Insurance are canceled or modified, or in the event that
Contractor incurs liability losses, either due to activities under this Contract, or due to
other activities not under this Contract but covered by the same insurance, and such
losses exhaust the aggregate limits of Contractor's liability insurance, then in that event
the City may in its discretion either suspend Contractor's operations or activities under
this Contract, or terminate this Contract, and withhold payment for work perforrSd on
the Contract. --J
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In the event that any of the policies or insurance coverage identified on Contractor's
Certificate of Insurance are canceled or modified, then in that event the City may in its
discretion either suspend Contractor's operations or activities under this Contract, or
terminate this Contract, and withhold payment for work performed on the Contract.
C. HOLD HARMLESS: ENDORSEMENT REQUIRED
The Contractor shall indemnify, defend and hold harmless the City of Iowa City and its
officers, employees, and agents from any and all liability, loss, cost, damage, and
expense (including reasonable attorney's fees and court costs) resulting from, arising
out of, or incurred by reason of any claims, actions, or suits based upon or alleging
bodily injury, including death, or property damage rising out of or resulting from the
Contractor's operations under this Contract, whether such operations be by himself or
herself or by any Subcontractor or by anyone directly or indirectly employed by either
of them.
2. It is further specifically stipulated that the Contractor's insurance coverage shall include
an endorsement that, with regard to Contractor's insurance coverage, the Contractor
shall never assert any claim against the City, its officers or employees, arising in any
way from this Agreement.
3. Contractor is not, and shall not be deemed to be, an agent or employee of the City of
Iowa City, Iowa.
S-4 SUPERVISION AND SUPERINTENDENCE.
Add the following paragraph to 1105.05 of the IDOT STANDARD SPECIFICATIONS:
CONTRACTOR shall maintain a qualified and responsible person available 24 hours per
day, seven days per week to respond to emergencies which may occur after hours.
CONTRACTOR shall provide to ENGINEER the phone number and/or paging service of this
individual.
S-5 CONCERNING SUBCONTRACTORS, SUPPLIERS AND OTHERS.
Add the following paragraph to 1108.01 of the IDOT STANDARD SPECIFICATIONS:
Bidders shall list those persons, firms, companies or other parties to whom it proposes/
intends to enter into a subcontract regarding this project as required for approval by the City
and as noted on the Form of Proposal and the Agreement. Such identification will not be
made public at the bid opening.
If no minority business enterprises (MBE) are utilized, the CONTRACTOR shall furnish
documentation of all efforts to recruit MBE's.
S-6 COMPLIANCE WITH OSHA REGULATIONS.
Add the following paragraph to 1107.01 of the IDOT STANDARD SPECIFICATIONS:
The Contractor and all subcontractors shall comply with the requirements of 29 CFR 4910
(General Industry Standard) and 29 CFR 1926 (Construction Industry Standard)., The''
Contractor and all subcontractors are solely responsible for compliance with said regul*ns. -
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S-7 EMPLOYMENT PRACTICES.
Neither the Contractor nor his/her subcontractors, shall employ any person whose physical or
mental condition is such that his/her employment will endanger the health and safety of them-
selves or others employed on the project.
Contractor shall not commit any of the following employment practices and agrees to include the
following clauses in any subcontracts:
To discriminate against any individual in terms, conditions, or privileges of employment
because of sex, race, color, religion, national origin, sexual orientation, gender identity,
marital status, age or disability unless such disability is related to job performance of such
person or employee.
To discharge from employment or refuse to hire any individual because of sex, race, color,
religion, national origin, sexual orientation, marital status, age, or disability unless such
disability is related to job performance of such person or employee.
S-8 CONTRACT COMPLIANCE PROGRAM (ANTI -DISCRIMINATION REQUIREMENTS).
For all contracts and subcontracts of $25,000 or more, the Contractor and all affected
subcontractors shall abide by the requirements of the City's Contract Compliance Program, which
is included with these Specifications beginning on page CC -1.
S-9 MEASUREMENT AND PAYMENT.
Section 01025, Measurement and Payment, contained in Division I of these specifications defines
all pay items and methods of measurement. The provisions of this section will supersede
applicable sections in the IDOT STANDARD SPECIFICATIONS.
S-10 CONSTRUCTION STAKES.
Replace the last paragraph of 1105.06 of the IDOT Standard Specifications with the following:
The Contractor shall be responsible for the preservation of stakes and marks. Any
necessary re -staking will be at the Contractor's expense and will be charged at a rate
of $75 per hour.
S-11 RESTRICTION ON NON-RESIDENT BIDDING OF NON -FEDERAL -AID PROJECTS.
The Contractor awarded the project together with all subcontractors shall be required to complete
the form included with these specifications (and entitled the same as this section) and submit it
to the Engineer before work can begin on the project. Note that these requirements involve only
highway projects not funded with Federal monies.
S-12 PERFORMANCE EVALUATION
The prime contractor and each subcontractors' performance will be evaluated using the form at
the end of this section. If a contractor achieves an average score of less than four (4), the
contractor will be removed from the status of "Responsible Bidder," as referenced in tho-owa
State Code, for a period of two (2) years. During that period the contractor will notbe eligilate for
award of contract or subcontract with the City of Iowa City.
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CONTRACTOR EVALUATION
CONTRACTOR:
EV
Scoring: Rate on a scale of 0 to 10 with 0 being the worst score and 10 being the best.
I. TECHNICAL COMPETENCE
1. Knowledgeable superintendent:
Comments:
2. Knowledgeable foreman:
Comments:
3. Skilled labor with adequate supervision:
Comments:
4. Proper equipment for the job:
Comments:
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PROJECT PERFORMANCE
Schedules work well:
Comments:
Conducts work in an organized and continuous manner:
Comments:
Constructs project with regard for abutting residents/businesses:
Comments:
Adapts to changes in condition or scope
Comments:
Conducts work with regard for employee and public safety.
Comments:
AVERAGE SCORE:
SC -7
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Uses proper traffic control measures.
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Comments:
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Conducts work with regard for employee and public safety.
Comments:
AVERAGE SCORE:
SC -7
RESTRICTION ON NON-RESIDENT BIDDING OF NON -FEDERAL -AID
PROJECTS
PROJECT NAME
TYPE OF WORK
DATE OF LETTING
A resident bidder shall be allowed a preference as against a non-resident bidder from a state or
foreign country which gives or requires a preference to bidders from that state or foreign country.
That preference is equal to the preference given or required by the state or foreign country in
which the non-resident bidder is a resident. "Resident bidder" is defined as a person authorized
to transact business in this state and having a place of business within the state, and has
conducted business for at least six months prior to the first advertisement for the public improve-
ment. In the case of a corporation, the above requirements apply as well as the requirement that
the corporation have at least fifty percent of its common stock owned by residents of this state.
This qualification as resident bidder shall be maintained by the bidder and his contractors and
subcontractors at the work site until the project is completed.
I hereby certify that the undersigned is a resident bidder as defined above and will remain such
from the start of the project until its completion.
COMPANY NAME
CORPORATE OFFICER
TITLE
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DETAILED SPECIFICATIONS C:)_
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A. STEEL POSTS, BRACE AND RAILS FOR CHAIN LINK FENCE o
1 . End, corner, gates, and pull posts shall be used as required to 060de A'sound,
sturdy, and long lasting fence. The maximum space between"line po�is shall
be 10 feet. All posts shall have top caps.
2. Posts, braces, and rails used with chain link fence shall be galvanized standard
weight (schedule 40) pipe meeting the requirements of ASTM F 1083.
3. Posts shall be provided with an approved cap. For 3 inch and 4 inch posts, the
cap shall make a driving fit over the upper inch of the post or shall have other
approved means for holding the cap securely in place.
4. Braces shall be attached to posts by fittings which will hold both post and
brace rigidly.
5. Diagonal tension rods shall be 3/8 inch diameter, round steel rods with and
appropriate commercial means for tightening. A locknut or other device shall
be provided to hold the tightening device in place.
6. Wire ties shall be size and type recommended by the manufacturer, but not
smaller than No. 9 for post ties and No. 12 for rail and brace ties.
7. A suitable sleeve or coupling device, recommended by the manufacturer, shall
be provided to connect sections of top rail and shall provide for expansion and
contraction.
8. Stretcher bars not less than 3/8 inch diameter, or equivalent cross section area,
with suitable clamps shall be used for attaching fabric to corner, end or gate
post.
9. All special fittings, except aluminum fittings, shall have a galvanized coating
applied by the hot dip process of not less than 0.8 ounce per square foot.
B. FABRIC FOR CHAIN LINK FENCE
Chain link fabric shall be 72 inches (6 feet) high with 2 inch mesh size and
knuckled top and bottom, and fabricated from No. 9 wires. Chain link fabric
shall be 96 inches (8 feet) high with 2 inch mesh size and knuckled top and
bottom, and fabricated from No. 6 wires. Chain link fabric shall be 240 inches
(20 feet) high with 2 inch mesh size and knuckled top and bottom, and fabricat-
ed from No. 6 wires. All wires shall be attached with galvanized clips. The
fabric shall be placed on the ball diamond side of the posts (See attached plans
for specific locations.)
2. When chain link fence is specified in the contract documents, the fabric shall
be aluminum coated fabric. Unless otherwise specified, the fabric shall be 72
inches high, and fabricated for No. 9 wires. Fabric shall have the salvage
knuckled top and bottom except as indicated. Aluminum coated fabric shall
meet requirements of ASTM A491.
C. POST FOOTINGS
1 . Line posts shall be set into an 8 inch diameter by 36 inch deep concrete foot-
ing. End, corner, gate, and pull posts shall be set into a concrete ase three
times the diameter of the post and 42 inches deep. o
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D. ELECTRICAL GROUNDS N
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1 . Each chain link fence section shall be grounded as indicated an ,plans
E. GATES ,
1 . All gates shall provide the width of opening shown in the contract documents.
Where the width of opening specified is 16 feet or less, a single gate frame
shall be provided. Where the width specified is more than 16 feet, two gate
frames shall be provided using a drop bar locking device allowing operation as
a double gate. Gates more than 6 feet in width shall have a vertical stay.
2. Each gate shall be furnished complete with necessary hinges, latch, and other
special fittings recommended for the type of gate and gate post being installed.
3. Gates for chain link fence shall be made of pipe of the size shown in the con-
tract documents or approved by the Engineer. When not shown, gates 6 feet
in width shall have 1-1/4 inch nominal diameter pipe. Gate fabric shall be
similar to that used for the fence and shall be attached by means of stretcher
bars. Gates 6 feet or more in width shall be cross trussed with adjustable rods.
4. All materials shall be galvanized with not less than 0.8 ounce per square foot
of surface. Gates for field fence may be painted with a prime coat and an
enamel finish coat.
F. CONSTRUCTION OF CHAIN LINK FENCE
1 . The Engineer will designate the location of each end, angle, corner, and gate
post. At each end, angle corner, and gate, posts shall be set with the required
brace post assembly.
2. All posts shall be set vertically as shown in the contract documents. The
annular space around each post shall be filled with PCC.
3. Care shall be used to prevent dirt or other foreign material from being mixed
with concrete as it is placed. Forms will not be required if, in the opinion of the
Engineer, the earth around the hole is dry and firm enough to permit satisfacto-
ry placement. Concrete shall completely fill the annular space around the post
and shall be nearly finished to slope up to the post approximately 4 inches
below the ground surface. The concrete shall be protected from drying by
covering with soil or burlap kept wet for 24 hours or by applying white curing
compound. Posts shall be set not less than 24 hours before fence is stretched.
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4. In lieu of drilling holes for posts and filling with concrete, other equivalent
means of securely anchoring the posts into the ground may be used if approved
by the Engineer.
5. Braces shall be installed horizontally as shown in the contract documents and
attached to both end and brace post by suitable fittings. When the brace is in
place, a diagonal tension rod to the brace post just below the horizontal brace
and to the end post approximately 3 inches for the ground level. The tension
shall be produced in the rod by a tightening device, held in place by a locknut.
6. Pull posts, constructed as shown in the contract documents, shall be placed
between end, angle, corner, and gate posts, as necessary, so that no section
of fence longer than 500 feet shall be constructed with line posts only.
7. Unless otherwise required, the fabric shall be placed on the side of the posts
closest to the playing field.
8. Each end of each run of chain link fence fabric shall be secured by a stretcher
bar inserted in the final link of the fabric. The length of the stretcher bar shall
be the same as the width of fabric. This bar and the tight fabric shall be
secured to the end post by tension bands equally spaced not more than 15
inches apart. A bottom rail shall be placed approximately 4 inches from the
lower edge of the fence. The chain link fabric shall be attached securely to the
braces, top rail, bottom rail, and all intermediate posts at intervals of not more
than one foot be wire ties or clips. (The ground surface along the line of the
fence shall be uniformly smoothed for a width of 2 feet so that the fabric will
conform to the ground surface).
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97 JUL 23 PH 1: 37
Cil Y CLERK{
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TABLE OF CONTENTS
SECTION I General Policy Statement
SECTION II Assurance of Compliance
SECTION III Suggested Steps to Assure
Affirmative Action
SECTION IV Definitions
PAGE
1
2
9
12
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SECTION I - GENERAL POLICY STATEMENT
It is the policy of the City of Iowa City to assure equal employment opportunity
in all City contract work. This policy prohibits discrimination by the City's
contractors, subcontractors and vendors, and requires them to take affirmative
action to ensure that applicants employed or seeking employment with them are
treated equally without regard to race, color, creed, religion, national origin,
sex, sexual preference, disability, marital status, and age.
It is our intention to administer this policy in such a manner as to assist
employers who are contractors or subcontractors with the City in designing and
implementing Affirmative Action Programs so that all citizens will be afforded
equal accessibility and opportunity to gain and maintain employment.
PROVISIONS:
All vendors requesting to do business with the City, and all City
contractors, subcontractors, and consultants, must submit an approved
Equal Employment Opportunity Statement.
2. All City contractors, subcontractors or consultants with contracts of
$25,000 or more (or less if required by another governmental agency) must
abide by the requirements of the City's Contract Compliance Program.
Emergency contracts are exempt from this provision.
Contracting departments are responsible for assuring that City
contractors, subcontractors and vendors are made aware of their
EEO/Affirmative Action reporting responsibilities and receive the
appropriate reporting forms. A notification of requirements will be
included in any requests for proposal.
4. Prior to commencement of work, the completed Equal Employment Opportunity
Statement or required material must be received and approved by the City.
Contractor compliance during the course of the contract with the City of
Iowa City will be monitored by the contracting department.
Once a contractual relationship exists between a contractor and the City,
as with any contractual provision, the City retains the right to withhold
payment on a contract pending satisfactory performance in the areas of
Equal Opportunity and Affirmative Action outlined at the time of contract
award and/or to disqualify a contractor from future bidding for a specified
period of time.
SECTION II - ASSURANCE OF COMPLIANCE
The following sets forth the minimum requirements of a satisfactory Affirmative
Action Program which will be reviewed for acceptability. PLEASE RETURN PAGES 2
THROUGH 5 OF THIS SECTION TO THE CONTRACTING DEPARTMENT PRIOR TO THE EXECUTION
OF THE CONTRACT.
CONTRACTOR, PLEASE CHECK THE APPROPRIATE STATEMENT:
1. _ This contract is federally funded (paragraphs a -g apply) "`
2. This contract is not federally funded J N
_ y (paragraphs a -c appy')._` co
During the performance of this contract, the contractor agrees as f311iows:F-'(For
the purposes of these minimum requirements, "contractor" s14dTt itrclude
consultants and subcontractors.)
a. The contractor will not discriminate against any employee or applicant for
employment because of race, color, creed, religion, national origin, sex,
sexual preference, disability, marital status, and age. The contractor
will take affirmative action to ensure that applicants are employed, and
that employees are treated during employment, without regard to their race,
color, religion, sex, national origin, sexual preference, disability,
marital status and age. Such action shall include, but not be limited to
the following: 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. The contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be
provided by the contracting officer setting forth the provisions of this
nondiscrimination clause.
b. The contractor will, in all solicitations or advertisements for employees
p aced by or on behalf of the contractor, state that all qualified
applicants will receive consideration for employment without regard to
race, color, creed, religion, national origin, sex, sexual preference,
disability, marital status, and age.
The contractor will send to each labor union or representative of workers
wtih which he ar she has —a—collective bargaining agreement or other
contract or understanding, a notice, to be provided by the agency
contracting officer, advising the labor union or workers' representative
of the contractor's commitments under this section and shall post copies of
the notice in conspicuous places available to employees and applicants for
employment.
d. The contractor will comply with all provisions of Executive Order No. 1.1246
of September 24965, and of the rules, regulations, and relevant orders
of the Secretary of Labor.
The contractor will furnish all information and reports required by
Yxecutive Order No. T124-6 of September 24, 1965, and by the rules,
regulations and orders of the Secretary of Labor, or pursuant thereto, and
will permit access to his or her books, records, and accounts by the
contracting agency and the Secretary of Labor for purposes of investigation
to ascertain compliance with such rules, regulations, and orders.
3
f. In the event of the contractor's noncompliance with the nondiscrimination
Zauses 57—this contract or with of such rules, regulations, or orders,
this contract may be cancelled, terminated, or suspended in whole or in
part and the contractor may be declared ineligible for further Government
contracts in accordance with procedures authorized in Executive Order No.
11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
g. The contractor will include the provisions of paragraphs (1) through (7) in
every subcontract or purchase order unless exempted by rules, regulations,
or orders of the Secretary of Labor issued pursuant to Section 204 of
Executive Order No. 11246 of September 24, 1965, so that such provisions
will be binding upon each subcontractor or vendor. The contractor will
take such action with respect to any subcontract or purchase order as may
be directed by the Secretary of Labor as a means of enforcing such
provisions including sanctions for non-compliance: Provided, however,
"that in the event the contractor becomes involved in,,or is threatened
with, litigation with a subcontractor or vendor as a result of such
direction, the contractor may request the United States to enter into such
litigation to protect the interests of the United States.
Phone number
Yes No
5. The undersigned agrees to display the following posters at
the worksite, conspicuously placed, for the duration of the
contract.
EEOC/OFCCP Poster
Age Bias Poster
Wage Discrimination Poster
NOTE: The City can provide assistance in obtaining the necessary
posters.
Yes
No
3.
Have you written an Equal Employment Opportunity
policy statement?
a. If YES, where is this statement posted?
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b. Please provide a copy.
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NOTE: Sample statements are available upon request. o-,
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4.
What is the name of. your Company's Equal Employment
Opportunity
Officer? (Please print)
Phone number
Yes No
5. The undersigned agrees to display the following posters at
the worksite, conspicuously placed, for the duration of the
contract.
EEOC/OFCCP Poster
Age Bias Poster
Wage Discrimination Poster
NOTE: The City can provide assistance in obtaining the necessary
posters.
d
Goals and Timetables
For assistance in completing the table below, please refer to the INSTRUCTIONS and DEFINITIONS on pages 6-8.
JOB CLASSIFICATIONSLMales
EXISTING EMPLOYMENT
GOALS TO INCREASE
MINORITY AND FEMALE EMPLOYMENT
Minorities
emalesMales Females
Minorities Females
Official/Managers
Date of anti—
cipated hire or
promotion
0
Date of anti-
cipated hire or
promotion
11
Professionals
Technicians
Office/Clerical
Craft Workers
(Skilled)
Sales Workers
Operatives
(Semi -skilled)
Laborers (Unskilled)
Service Workers
Apprentice
Trainees
On-the-job
TOTAL
7. How do you currently inform applicants, employees, and recruit-
ment sources of your equal employment opportunity policy?
Yes No
8. Do you provide a working environment free of harassment
and intimidation for your female and minority employees?
9. Do you provide nonsegregated facilities and company activities
for all employees?
10. If you rely in whole or in part upon unions as a source of your
workforce, are they aware of your commitment to affirmative
action and equal employment?
a. How do you make them aware of this commitment? c). C
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The above responses to questions 1 through 10, are true and correctly reflect
our affirmative action and equal employment policies. The employment figures
and goals contained within the Table (N5) are true and accurate and we will
make every effort to achieve the goals which we set.
Firm/Company
Names-
tgnature
Print Name
Phone Number
tt e
ate
NOTE - PAGES 2 THROUGH 5 ARE TO BE RETURNED TO THE CONTRACTING
DEPARTMENT PRIOR TO EXECUTION OF THE CONTRACT.
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INSTRUCTIONS for completing the chart located on page 4, question #6, GOALS &
TIMETABLES.
Complete the EXISTING EMPLOYMENT section. Job Classification definitions
appear on pages 7 & 8.
2. The statistics located below, indicate the AVAILABILITY of women and
minorities in your recruitment area. Compare these statistics with your
current employment figures. If statistics are available per job
classification, then make your comparisons in that manner, if the
statistics are not broken down, compare your total minority and female work
force figures with the total availability statistics.
i) Johnson County labor force statistics: 2.05% minority
44.04% female
ii) A more detailed breakdown by job classification may be
available for your location. This information may be
obtained from the Civil Rights Specialist.
3. If your current employment percentages for women and minorities, either in
a particular job classification or as a whole, is lower than the statistics
indicate is available, then UNDERUTILI7-ATION of either minorities or
females exist.
4. If UNDERUTILIZATION exists, determine the number of women or minorities
needed to make your work force percentages equal to the availability
statistics. This figure represents your GOAL to increase minority and
female representation. If you do not have statistics by job classification
set a goal in the job classification you are most likely to have employee
movement in.
5. When, during the length of the contract, will you attempt to achieve this
goal? - that is called a TIMETABLE, and should appear in the GOALS TO
INCREASE MINORITY AND FEMALE EMPLOYMENT SECTION.
NOTE - DEFINITIONS for capitalized words in the above narrative, appear in
Section IV of this document.
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JOB CLASSIFICATION DEFINITIONS - TO BE USED IN COMPLETION OF QUESTION N6, pg. 4
Managers and Administrators: Occupations requiring administrative
personne who set broad policies, exercise overall responsibility for
execution of these policies, and direct individual departments or -special
phases of a firm's operations. Includes: officials, executive3; middle
management, plant managers, department managers, superintendents, salaried
supervisors who are members of management.
2. Professionals and Technicians: Professionals are considered to be persons
working in occupations requiring either college graduation or experience
of such kind and amount as to provide a comparable background.
3. Technicians: Technicians are those whose work requires a combination of
basic scientific knowledge and manual skill which can be obtained through
about two years of post high school education, such as is offered in many
technical schools and junior colleges, or through equivalent on-the-job
training.
4. Office and Clerical: All clerical -type work regardless of the level of
difficulty, where the activities are predominantly non -manual, though some
manual work not directly involved with altering or transporting the
products is included. Includes: bookkeepers, cashiers, collectors,
messengers, office helper, office machines operator, shipping and
receiving clerk, stenographers, typists, secretary, telephone operators.
5. Skilled Crafts: Manual workers of a relatively high skill level, having a
thorough and comprehensive knowledge of the processes involved in their
work. They exercise considerable independent judgment and usually receive
an extensive period of training. Includes: building trades, hourly paid
foremen and leadmen who are not members of management, mechanics and
repairmen, skilled machinery occupations, electricians.
Sales Workers: Occupations engaged wholly or primarily in direct selling.
Includes: advertising agents and sales agents, insurance agents and
brokers, real estate agents and brokers, sales agents and sales clerks,
grocery clerks, cashier -checkers.
Operatives (Semi -skilled): Workers who operate machine or processing
equipment or perform other factory -type duties of an intermediate skill
level which can be mastered in a few weeks and require only limited
training. Includes: apprentices, operatives, attendants, delivery and
route drivers, truck and tractor drivers, dressmakers, weavers, welders.
Laborers (Unskill): Workers in manual occupations which generally
require no speciaatedtraining. They perform elementary duties which may be
learned in a few days and which require the application of little or no
independent judgment. Includes: garage laborers, car washers, gardeners,
lumber workers, laborers performing lifting, digging, mixing, loading and
pulling operations.
9. Service Workers: Workers in both protective and nonprotective service
occupations. ncludes: attendants, clean-up workers, janitors, guards,
waiters and waitresses.
10. Apprentice: Persons employed in a program including work training and
related instruction to learn a "trade or craft which is traditionally an
apprenticeship, regardless of whether the program is registered with a
Federal or State agency.
F,
11. Trainees (On -the -fob): Production... persons engaged in formal trainin
�r cra tsperson when not trained under apprentice programs, operativ,
laborer, and service occupations.
MINORITY GROUP IDENTIFICATION
American Indian or Alaskan Native: all persons having origins in any of thl
original peoples of Northr ca and who maintain cultural identificatioi
through tribal affiliation or cowunity recognition.
Asian and Pacific Islanders: all persons having origin in any of the origina
peoples of the ar est, Southwest Africa, the Indian Subcontinent, or tho
Pacific Islands.
Black: all people having origins in any of the Black African racial groups no
0 panic origin.
Caucasian: (Not of Hispanic origin), includes persons having origins in any o
the or g al peoples of Europe, North Africa, or the Middle East.
Hips an�ic: all persons of.Mexican, Puerto Rican, Cuban, South or Centra
I rican, or other Spanish Culture or origin, regardless of race.
These definitions and identifications should be retained for future use.
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SECTION III - SUGGESTED STEPS TO ASSURE AFFIRMATIVE ACTION -o
1. COMPANY POLICY
Determine your company's policy regarding equal employment and
affirmative action. Write this policy out and post it in a
conspicuous place so that it is known to all your employees.
Furthermore, disseminate the policy to all potential sources of
employees and to your subcontractors asking their cooperation.
The policy statement should recognize and accept your responsibility
to provide equal employment opportunity in all your employment
practices. This responsibility should include:
-correcting any and all discriminatory practices and conditions
which presently exist
-taking appropriate remedial actions to correct past inequities
-taking a results -oriented approach, in other words, affirming
the policy through actual minority and female hires and by
maintaining a "single standard" principle in your unit so that
employees are evaluated, recognized, developed and rewarded on
a fair and equitable basis.
In regards to dissemination of this polity, this can be done through
the use of letters to all recruitment sources and subcontractors,
personal contacts, and employee meetings.
2. EQUAL EMPLOYMENT OPPORTUNITY OFFICER
Designate an equal employment opportunity officer or at minimum
someone should be given the responsibility of administering and
promoting your company's affirmative action program. This person
should be placed within your organizational structure so as to
emphasize the importance of the program.
3. INSTRUCT STAFF
Your company personnel staff should be aware of and required to abide
by your affirmative action program. All employees authorized to
hire, supervise, promote and discharge employees or recommend or are
involved in such actions should be trained and made to comply with
your policy and the current equal employment opportunity laws.
4. RECRUITMENT
(A) Let potential employees know you are an equal employment
opportunity employer. This can be done by identifying yourself
on all recruitment advertising as "an equal employment
opportunity employer".
(B) Use recruitment sources that are likely to yield minority and
female group applicants. Word-of-mouth recruitment will only
5
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perpetuate the current composition of your workforce.
Recruitment sources that fail to send minorities and females
should be evaluated for continued use. Send all recruitment
sources a letter annually which reaffirms your commitment to
equal employment opportunity and requests their assistance in
helping you hire minorities and females.
(C) Analyze and review your company's recruitment procedures to
identify and eliminate discriminatory barriers.
(D) Select and train persons involved in the employment process to
use objective standards and to support affirmative action
goals.
(E) Periodically review job descriptions to make sure they actually
reflect major job functions and do not require higher
qualifications.
(F) Review the job application to insure that only job related
questions are asked. Ask yourself "Is this information
necessary to judge an applicant's competence for performing the
job applied for?"
(G) Only use job-related tests which do not adversely affect any
particular group of people.
(H) Carefully monitor interviews and interviewees' actions. Biased
and subjective judgments in personal interviews can be a major
source of discrimination.
APPRENTICESHIP AND OTHER TRAINING
Where applicable, you should assure that full use will be made of any
existing labor/management sponsored programs designed for the
purposes of recruiting and training minority and female applicants
and employees.
MONITOR ALL POLICIES AND PRACTICES
In order to assure your policy is effective, at least twice per year
a review of the following should occur:
-APPLICANT FLOW - a record for each applicant, indicating the
person's name, race, sex, referral source, date of application,
position applied for, and disposition (hired or not hired)
-HIRES by race, sex, department, job title and starting salary
-PROMOTIONS and TRANSFERS by race and sex
-DISCHARGE and TERMINATIONS by race, sex, reason for discharge
and termination.
Review of the above information will allow you to determine
discrepancies that exist, if any, within your work place. Such
discrepancies could include different starting salaries for men and
women doing similar jobs, inconsistent and arbitrary discharges or
11
promotions and transfers. Furthermore, a review of this information
could indicate a need to either seek additional or new recruitment
sources to obtain a wider selection of applicants.
NOTE: Forms for monitoring practices and policies are available upon
request from the City's Civil Rights Specialist
SET GOALS
Once the policy has been determined, and the practices are monitored
accordingly to determine actual results, goals may need to be set if
your workforce still falls short of having a representative number of
minorities and females relative to their availability in the
community. Goals to hire or promote minorities and females should be
set once per year and these goals should be communicated to the
appropriate employees.
Increasing and/or improving your minority and female workforce
representation can also occur through improved hiring and selection
procedures, which have already been discussed, and through non -
biased promotion, transfer and training policies.
In regards to the latter three, companies must make sure procedures
for selecting candidates for promotion, transfer and training are
based upon a fair assessment of an employee's ability and work
record. Furthermore, all companies should post 'and otherwise
publicize all job promotional opportunities and encourage all
employees to bid an them.
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SECTION IV - DEFINITIONS
The definitions typed in all capital letters refer directly to
he
City's contract compliance program. The other definitions are r
your own information.
AA:
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Affirmative Action -
AAP:
Affirmative Action Program - an active, planned effort to bring more
minorities and women into the organization at all levels through non-
discriminatory hiring and promotions, and to apply the same benefits
and opportunities to all workers. The affirmative action program is
the practical action taken to implement the equal employment policy.
ADVERSE IMPACT:
A company may have a policy which, although applied neutrally, has a
negative or adverse impact upon a particular group of employees. An
example would be a minimum height requirement that is not job-related
and could possibly eliminate a high percentage of Orientals and
women.
APPLICANT FOR EMPLOYMENT:
A person who completes a formal application form, or by some other
means (resume, letter, request, etc.) indicates a specific desire to
be considered for employment. An APPLICANT LOG should record
requests for employment made in person whether or not an application
form is completed.
APPLICANT FLOW DATA OR APPLICANT LOG:
A numerical compilation of employment applicants showing the
specific numbers of each racial, ethnic and sex group, who applies
for each job title (or group of job titles requiring similar
qualifications) during a specified time.
AVAILABILITY:
The percentage of minorities or women who have the skills required
for entry into a specific job or classification, or who are capable
of acquiring the required skills.
BFOQ-Bona Fide Occupational Qualifications:
The law allows employers to hire or promote by sex in rare cases
where a worker of a certain sex is really needed for the job. This is
interpreted narrowly, to mean that sex-related anatomy is required -
for instance, it is legal to hire a man if you need a bass singer or a
male model; a woman if you need a soprano or a model for women's
clothes. It is not legal to specify a man for so-called "heavy"
work; if it can be proved that there 1s no woman who can do the work;
SFOQ may exist. The problem with the BFOQ is that employers may be
trapped by stereotyped thinking into a belief that a job can only be
done by one sex when that is not necessarily true - and the employer
is then vulnerable to discrimination complaints. It is safer to test
the capacity of individual applicants regardless of sex, making
13
sure that you test only for the qualities required by the job and not
for more strength (or whatever) than is actually required.
BLACK:
The preferred term for people of Afro-American heritage. The term is
a philosophy of life that indicates pride in the African heritage and
culture, unlike the more outdated and sometimes derogatory terms
"Negro" or "colored person."
BUSINESS NECESSITY:
A term sometimes used by employers who argue that sex is a BFOQ for a
given job. Title VII gives "business necessity" to the BFOQ by
saying, in Section 703(e): "It shall not be an unlawful employment
practice for an employer to hire... classify... or employ any
individual... on the basis of his religion, sex, or national origin in
those certain instances where religion, sex or national origin is a
bona fide occupational qualification reasonably necessary to the
normal operation of that particular business or enterprise."
This is narrowly interpreted. For instance, one airline claimed
flight attendants or stewardesses had to be women because a survey
showed that passengers wanted comforting and friendliness from
stewardesses, and women were better constituted than men to be
comforting and friendly. The Court said this was not a business
necessity. The airline was in business to transport people safely
from one place to another. The flight attendant's job was not
connected with the airline's major function and the "business
necessity" arguments could not be used. Even if the flight
attendants were all male and all surly, the airline could carry on
its normal operation of safe transport.
CHICANO:
A male Mexican -American. The female is called "Chicana." Both are
included in the larger group known as SSA's, or Spanish -surnamed
Americans.
CIVIL RIGHTS ACT OF 1964:
Overall, the Act outlaws discrimination against women and minorities
in employment, voting, public accommodations, public education, the
use of public facilities, etc. This is a Federal act passed by the
U.S. Congress.
For affirmative action purposes, the point of interest is Title VII
of the Act, which prohibits discrimination in employment and creates
the federal Equal Employment Opportunity Commission (EEOC) for
enforcement purposes.
Title VII was amended in 1972 to broaden the number of private
employers. In addition, the EEO Act included state and local
governments and political subdivisions under Title VII coverage,
prohibited discrimination in Federal employment with enforcement
given to the U.S. Civil Service Commission, and created a central
coordinating body between all anti -discrimination enforcement
agencies.
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COMPLIANCE:
As used in this document, compliance refers to employment practices
which are in line with the Iowa City Contract Compliance
requirements. These requirements are indicated on pages 1-5.
CONFIDENTIALITY:
Information or reports obtained by or submitted to the Civil Rights
Specialist in the course of monitoring the City of Iowa City Contract
Compliance Program will not be disclosed to the public when such
disclosure would serve no public purpose and would give advantage to
competitors of the contractor from whom the report has been received;
however, such information may be disclosed to a governmental agency
conducting an investigation involving alleged illegal discriminatory
practices and the contractor or parties charged in accordance with
the Iowa City ordinance pertaining to Human Rights.
CONTRACTING DEPARTMENT:
The City of Iowa City department that is handling the particular
contract.
DEPARTMENTAL SENIORITY:
In some companies, disadvantaged workers have traditionally been
isolated in a few departments where jobs were poorly paid and
promotional opportunities were nonexistent. The only way out was to
transfer to another department, but some companies and unions
specified as part of their collective bargaining agreements that
workers who transferred could not carry their accrued seniority into
the new departments. Instead, they had to begin as if they were
newly hired workers. Disadvantaged groups have challenged policies
of departmental seniority, saying the policies tend to lock them into
the old departments and minimize their opportunity. Courts have
generally agreed with the complaining workers. Furthermore, if the
employer's intent is not discriminatory but the effect of the system
is discriminatory; and if the employer is so notified but does not
change the seniority system, the EEOC will deduce that the employer
intended to discriminate. Antidiscrimination agencies and
disadvantaged workers prefer plantwide seniority, which allows
workers to maintain the seniority they have earned from the date of
hire if they transfer to new departments.
DISCRIMINATION:
Illegal treatment of a person or group whether intentional or
unintentional based on race, color, sex, age, national origin,
religion, o creed, marital status, sexual preference or disability.
The term also includes the failure to remedy the effects of past
discrimination.
DISPARATE TREATMENT:
Unequal or dissimilar treatment of employees similarly situated
because of their race, sex, age, or other impermissable basis. J
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A general term meaning "equal employment opportunity."
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EEOC:
The Equal Employment Opportunity Commission, a federal agency
created by Title VII to enforce the Civil Rights Act of 1964. It
also enforces the amendments passed in the EEO Act of 1972. The EEOC
does not perform routine compliance reviews. Generally, it acts only
when a complaint is filed against an employer by an aggrieved job
applicant, employee, group of employees, or organization authorized
to represent aggrieved employees.
EEO -1 FORM:
A form which must be filled out byrp ivate employers with 100 or more
employees and sent to the EEOC once a year. Employers report how
many minorities and women they have as officials and managers;
professionals; technicians; sales personnel; office and clerical
workers; skilled craftsmen; semi -skilled operatives; laborers;
service workers.
EEO -2 FORM:
Corresponding form on apprentices in each trade or craft, broken out
by race and sex. This report must be filled out annually by joint
labor-management _ap�renti�ceshi_p committees which have five or more
apprentices, at easter one supporting employer with more than 25
employees and at least one union sponsor with 25 or more members or a
union hiring hall.
EEO -3 FORM:
The same as EEO -2, but filled out each year by local unions.
EXECUTIVE ORDER 11246:
Issued by President Johnson in 1965. It says employers with
government contracts or subcontracts may not discriminate on the
basis of race, color, religion or national origin. Sex was omitted
in this order, but added by Executive Order 11375. Therefore, many
people refer to this order as "Executive Order 11246 as amended."
GOAL:
A target number or percent of women and minorities to be hired,
promoted or transferred to various job classifications (as defined
on pages 7 and 8) within a given period of time. The number is
usually computed by the number of available and qualified
disadvantaged workers in the labor area.
A "goal" should not be confused with a "quota." A quota is a ceiling
figure designed to require hiring a certain number of a particular
group to the exclusion of others. "We will take up to 10% women in
this job category but no more." A goal is a floor, a minimum number
of people to be included in -- e.g., "we will take at least 10% women
in this job category." A quota may be designed to keep things
basically as they were, including only token numbers of the "others".
A quota may or may not be appropriate under law, depending on whether
past discrimination existed. A goal is designed to alter the status
16
quo over time. Setting and achieving goals turns a company's equal
employment opportunity statement into a reality.
GO00 FAITH EFFORT:
Employers sometimes say they have made a good faith effort in
affirmative action but "we could not find any qualified...". Courts
tend to look carefully at this defense on the basis that regardless
of intent, if workers have been hurt the law must make them whole.
Accordingly, good faith efforts should be made in all areas of
employment including but not limited to:
a. employment advertisements
b. internal and external dissemination of the company's EEO policy
and affirmative action program
C. designation of a company EEO officer
d. development of and implementation of non -biased employment
practices (hires, promotions, transfers, discharges, employee
benefits, etc.).
Employers must keep a written record of such actions in order to show
good faith effort.
NOTE - For more detailed information please discuss this with the
City's Civil Rights Specialist.
JOB-RELATED QUALIFICATIONS
If an employer says a High School degree is needed for the job, it
must be true. The employer may have to prove that it is impossible
for the large majority of workers to do the job adequately without a
High School degree. At one time, employers often required higher
skills than necessary'in a conscious effort to keep out disadvantaged
applicants; others required the higher skills without discriminatory
intent but the result was the same. The new emphasis on job-related
qualifications makes room for employers to demand the skills they do
require, but forbids the old, unnecessary escalation.
MINORITIES:
All persons classified as American'Indian, Alaskan Native, Asian or
Pacific Islander, Black or Hispanic.
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NEW HIRE: ""-_' rn
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A worker added to an establishment's payroll for the first time.
OFCCP:
The Office of Federal Contract Compliance Programs, U.S. Department
of Labor. It is responsible for enforcing Executive Order 11246 as
amended.
OLD BOY NETWORK:
Slang term which refers to hiring by word of mouth, which used to be
the way the good job openings were known only by white males.
Therefore it was only white males who got them. The word "old" in
this usage does not refer to age, but to long acquaintances.
Affirmative action tries to weaken the exclusionary effect of the
17
network by requiring employers to actively recruit in minority and
women's organizations and media, and by requiring goals for the
hiring and promotion of minorities and women.
PROTECTED CLASS CATEGORIES:
Those groups of people protected by the laws against discrimination.
In Iowa City, the protected categories are: race, color, creed,
religion, sex, age, national origin, disability, marital status and
sexual preference. The latter two categories are not included in the
area of housing. (Sexual harassment has been determined to be a
discriminatory practice affecting both males and females.)
RECOMMENDATION FOR COMPLIANCE:
The recommendation made by the Civil Rights Specialist to the
appropriate persons certifying that a contractor has satisfactorily
completed all bid conditions, as specified by the City of Iowa City
Contract Compliance Program.
RECRUITMENT:
A search for job applicants. Help wanted ads and contacting
employment agencies are typical recruitment steps.
REHIRE:
To return a worker to the payroll after a complete break in service.
REMEDIAL ACTION:
Actions undertaken by an employer to remedy the effects of past
discrimination. Often it is affirmative action but in more stringent
doses. For instances, if black workers are 25% of the workforce in a
contractor's labor area, affirmative action might require that the
contractor hire 25% black workers. Remedial action might be to hire
50% black workers until the contractor is at parity, or 25% black
workers in all job categories.
REQUISITE SKILLS:
Those skills that make a person eligible for consideration for
employment in a job.
REVISED ORDER:
Guidelines issued by the OFCCP outlining what employers must do to
comply with Executive Order 11246 as amended.
REVISED ORDER 14:
Internal guidelines issued by the OFCCP which instruct their own
compliance officers in conducting a compliance review. The order
also outlines what documents employers must make available to the
government's compliance officer.
SELECTION:
The hiring process which comes after recruitment and interviews.'E;n
this step the employer decides who will get the job. i—"
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Spanish -surnamed American.
SYSTEMATIC DISCRIMINATION:
One or more practices which have many discriminatory off -shoots so
that an entire organization screens out disadvantaged workers in the
end. An example would be department seniority, described on page 14.
TIMETABLES:
A time frame within which an employer tries to reach the established
affirmative action goals.
UNDERUTILIZATION:
Employment of members of a race, ethnic or sex group in a job or job
group at a rate below their availability within the company's
recruitment area. Depending on the job, recruitment area may be
local, regional or national.
VALIDATION:
Process of determining whether tests given for employment in a
certain job actually predict good or bad performance on the job.
(See "Job -Related Qualifications" on page 16.) Validation is
designed to eliminate false criteria which screen out disadvantaged
groups. At the same time, validation protects the employer's right
to hire only those workers who are qualified. The validation is
ordinarily done by an independent organization with expertise in
that area.
WORD-OF-MOUTH ADVERTISING:
Similar to Old Boy Network. Employers run the risk of perpetuating
the effects of past discriminatory practices if they maintain a word-
of-mouth recruitment policy. Since this policy relies upon current
employees informing friends and relatives of vacancies, and since
past discrimination often has substantially restricted minority
group representation in an employer's workforce, it follows that
non -minorities will be included in the flow of information regarding
job openings at a higher rate than minorities. Such discrimination
may also result from word-of-mouth recruiting, as where information
about job openings is disseminated by male department heads limiting
the likelihood that females will be apprised of employment
opportunities.
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B °d 3 Approved
L L -gal Dep+►h++eni
SAMPLE: EQUAL EMPLOYMENT OPPORTUNITY POLICY
To all employees of
This Company and its employees shall not discriminate against any employee or applicant for
employment based on his or her age, color, creed, disability, gender identity, marital status,
race, religion, sex, or sexual orientation. The anti -discrimination policy -extends to decisions
involving hiring, 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. Further, this Company and its
employees will provide a working environment free from such discrimination.
All employees are encouraged to refer minority and women applicants and applicants with
disabilities for employment.
The Equal Employment Opportunity Officer for the
is:
Name:
Address:
Telephone Number:
NOTE: This is a SAMPLE ONLY. You may wish to confer with your EEO officer or legal
counsel to formulate a policy which specifically meets the needs of your company.
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Prepared by: Mike Moran, Superintendent of Recreation, 220 S. Gilbert St., Iowa City, IA 52240; (319) 354-5143
RESOLUTION NO. 97-258
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE
NAPOLEON PARK SOFTBALL FIELD FENCING PROJECT, ESTABLISHING
AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY
CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE
FOR RECEIPT OF BIDS.
WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate
of cost for the above-named project was published as required by law, and the hearing thereon
held.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,
IOWA THAT:
1. The plans, specifications, form of contract and estimate of cost for the above-named
project are hereby approved.
2. The amount of bid security to accompany each bid for the construction of the above-
named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer,
City of Iowa City, Iowa.
3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids
for the construction of the above-named project in a newspaper published at least once
weekly and having a general circulation in the city.
4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at
the Office of the City Clerk, at the Civic Center, until 10:00 a.m. on the 19th day of
August, 1997. Thereafter the bids will be opened by the City Engineer or his designee,
and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said
bids at its next meeting, to be held at the Council Chambers, Civic Center, Iowa City,
Iowa, at 7:00 p.m. on the 26th day of August, 1997, or at such later time and place as
may then be fixed.
Passed and approved this 29th day of Jul
ATTEST: A4 ,u /Y• 9�
CIT CLERK
pa rksrec\napores.wp5
19 97
MAYOR
Ap v�
City Attorney's Office
OIL
Resolution No. 97-258
Page 2
It was moved by Lehman and seconded by
adopted, and upon roll call there were:
AYES:
NAYS:
Thornberry the Resolution be
ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
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Prepared by: Terry Trueblood, Parks & Recreation Director, 220 S. Gilbert, Iowa City, IA 52240, 319-356-5100
RESOLUTION NO. 97-290
RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN
AND CITY CLERK TO ATTEST CONTRACT FOR THE NAPOLEON PARK
SOFTBALL FENCING PROJECT.
WHEREAS, D & N Fence Co. has submitted a bid of $55,975 for the completion of the
above-named project; and;
WHEREAS, said bid has been recommended for award by the Director of Parks and
Recreation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
1. That the contract for the above-named project is hereby awarded to D & N Fence
Co., subject to the condition that awardee secure adequate performance bond,
insurance certificates, and contract compliance program statements.
2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract _
for the above-named project, subject to the condition that awardee secure adequate
performance bond, insurance certificates, and contract compliance program
statements.
Passed and approved this 26th day of August , 1997.
ATTEST:
CIT%�-CLERK
parksrec\res\naposof2.doc
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Ap ve by
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City Attorney's Office
J
1 Resolution No.
Page 2
97-290
It was moved by Kubbv and seconded by Vanderhoef the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
g Baker
X Kubby
R Lehman
X Norton
_x Novick
y_ Thornberry
X Vanderhoef