HomeMy WebLinkAbout05. Telecom Board Agenda Packet - April 19, 2023
BOARD
MEMBERS
Andrew
Van Fleet
Theodore
Batemon
Rich
Kurtenbach
Mike
Young
City
Council
Liaison:
Rob
Nichols
April 19, 2023
Harold E. Getty Council Chambers
4:00 p.m.
1. Roll call.
2. Approval of agenda as presented.
3. Approval of minutes of March 22, 2023, as proposed.
4. Resolution fixing date for a meeting on May 17, 2023, on the
authorization of a loan agreement and the issuance of not to exceed
$4,000,000 Taxable Communications Utility Revenue Capital Loan Notes
of the City of Waterloo, State of Iowa, and providing for publication of
notice thereof.
5. Public Hearing: FY2023 Construction of a Fiber-to-the-Premise
Feeder/Distribution and Backbone Network Project, Contract No. 1080.
- This public hearing is cancelled and rescheduled for May 3,
2023.
6. Resolution approving preliminary plans, specifications, form of
contract, etc., resetting date of bid opening as April 27, 2023, and date
of public hearing as May 3, 2023, in conjunction with the FY2023
Construction of a Fiber-to-the-Premise Feeder/Distribution and
Backbone Network Project, Contract No. 1080, and direct the Board
Secretary to publish notice.
7. Motion approving partnership with the City of Waterloo on an RFP for
auditing services, and authorizing the City of Waterloo Finance
Manager to facilitate said RFP process on behalf of the
Telecommunications Utility Board of Trustees.
8. Motion approving use of the name Waterloo Fiber Internet for the
telecommunications utility and use of a logo.
9. General update from consultants and board member comments.
10. Adjourn.
Kelley Felchle
Board Secretary
WATERLOO
Telecommunications Utility Board of Trustees
TELECOMMUNICATIONS UTILITY
BOARD OF TRUSTEES
Harold E. Getty Council Chambers
City Hall
March 22, 2023
4:00 p.m.
Members present: Batemon, Kurtenbach, Young, Van Fleet and Council Liaison Rob Nichols.
Moved by Young seconded by Van Fleet that the Agenda, as proposed, be approved. Voice-vote
Ayes: Four. Motion carried.
1. Approval of Agenda.
Moved by Kurtenbach seconded by Batemon that the agenda, as proposed, be approved. Voice-
vote Ayes: Four. Motion carried.
2. Approval of Minutes.
Moved by Kurtenbach seconded by Young that the Minutes of March 8, 2023, as proposed, be
approved. Voice-vote Ayes: Four. Motion carried.
Mr. Kurtenbach raised questions about issues discussed previously. He requested more details
on where the federal dollars are being spent.
Courtney Violette, Magellan Advisors, stated that the current funding sources for the project
which are ARPA, GO bonds and revenue bonds, there is a required Davis-Bacon for either
distribution or the backbone portion of the project. There is an outstanding application with the
NTIA for a grant which could fund the backbone portion. As of now, that grant has not been
awarded and those funds are not part of this project.
Mr. Kurtenbach questioned the contractor registration language in the bid documents that was to
be added, but does not appear to be so.
Steve Nadel, Ahlers and Cooney, clarified on the first question and as he recollects, that as the
bid documents are currently drafted, they are based on the assumption that the grant will not be
received.
3. Public hearing on Not to Exceed $60,000,000 Communications Utility Revenue Capital
Loan Notes.
3.1. Motion to open hearing and receive and file proof of publication of notice of public hearing.
Moved by Young seconded by Kurtenbach. Voice-vote Ayes: Four. Motion carried.
3.2. RECEIVE PUBLIC COMMENT - No comments on file. No members of the pubic provided
comments.
3.3. Motion to close hearing and file any comments received.
Moved by Young seconded by Batemon. Voice-vote Ayes: Four. Motion carried.
3.4. Resolution instituting proceedings to take additional action for the authorization of a Loan
Agreement and the issuance of not to exceed $60,000,000 Communications Utility Revenue
Capital Loan Notes.
Steve Nadel, Ahlers and Cooney, provided an overview of the legal requirements of the
procedural process to have the authority to issue up to $60,000,000 in revenue bonds.
Moved by Kurtenbach seconded by Young. Roll call-vote Ayes: Four. Motion carried.
Resolution No. 2023-005.
Page 2
4. Resolution approving preliminary plans, specifications, form of contract, etc., resetting
date of bid opening as April 13, 2023, and date of public hearing as April 19, 2023, in
conjunction with the FY2023 Construction of a Fiber-to-the-Premise Feeder/Distribution
and Backbone Network Project, Contract No. 1080, and direct the Board Secretary to
publish notice.
Moved by Young seconded by Bateman. Roll call-vote Ayes: Four. Motion carried. Resolution
No. 2023-006.
Mr. Kurtenbach commented that there was an issue dealing with contractor qualifications that
would be included in the bid documents. He shared that he did not know if that was on the city
to get those changes included or the consultant. He requested to know if the qualifications was
included in the bid document and if so where it was located, as he is not seeing it.
Courtney Violette explained that he would need to go back and review as he was under the
impression that all requested changes were included.
Mr. Kurtenbach clarified that it is specifically the contractor qualifications he was looking for.
Courtney Violette questioned if there was a process that the city uses to validate contractor
qualifications.
Jamie Knutson, City Engineer, explained that requiring contractor registration is not something
that the city has included in the thirty-years he has worked with the city. Contractors provide
bonds and insurance among other things.
Steve Nadel commented there are some limitations in public sector bidding on what can be
requested regarding qualifications. He is unsure if this falls under the same limitations, but it is
possible that it was excluded intentionally.
Jamie Knutson concurred and explained that when the bid is in, they will look at the contractor
and if the city has not worked with them before they will have them fill out paperwork to ensure
they are a responsible bidder. He added that an attorney with Ahlers and Cooney did go through
the bid specs and no change on this matter was requested by them.
Mr. Young clarified that the concern is that we do not want to have someone who has no
experience or a bad track record win the bid He requested clarification that we do have a check
or fail safe to go through during the bidding process to ensure that the low bidder meets certain
requirements to do this job.
Jamie Knutson confirmed.
Courtney Violette added that they will make sure that the contractors are qualified to do the job.
He explained that there are performance and bid bonds that typically weed out some of the
smaller fly-by-night contractors. There is the added requirement that not more than fifty-percent
be sub-contractors.
Mr. Kurtenbach questioned if the contractor and sub-contractors would be pre-qualified.
Courtney Violette concurred.
Jamie Knutson explained that the city only has an agreement with the prime contractor, not the
subs.
Mr. Kurtenbach commented that this is the reason for the concern. He stated that the city has
already dealt with a contractor underperforming on a project and he doesn’t want to see that
again. He questioned if the qualifications are determined before or after the bid is awarded.
Jamie Knutson confirmed that occurs prior to awarding the bid.
Page 3
Mr. Kurtenbach questioned the seven-day timeline and if that was included in the bid documents.
Courtney Violette explained this would be in the timeline of the bid documents.
Jamie Knutson commented that typically the city has up to 30 days to award the contract.
Steve Nadel shared that the answer could be found in the notice to bidders which will indicate
the date when bids are due and when the bids will be considered. The time between the two
dates is when the low bidder would be vetted.
Mr. Kurtenbach questioned if this is something that should or should not be asked in the bid
documents.
Jamie Knutson explained that this has never been done in thirty-years. He commented that this
would be something that can be discussed and reviewed with the city attorney.
Mr. Kurtenbach commented that we had a contractor doing a large concrete project and was
listed in contractor registration as a sole proprietor. He questioned how a sole proprietor does
not having more people working for him to do that much concrete work.
Jamie Knutson commented that he would welcome a conversation on this to gather specifics. If
there is something that is going on that we are doing or not doing, or a concern with a particular
contractor, we can address that separately.
Steve Nadel questioned if there is a plan for construction monitoring and management.
Courtney Violette that the City or Waterloo approved a new contract with them in January that
included project management services. Magellan will have one construction manager and one
additional inspector at all times during construction.
Jamie Knutson explained that the contractor has to post a bond for the entire cost of the project
and if the contractor fails the bonding company has to complete the project. He added that only
once in thirty years has it happened when a contractor failed.
Mr. Kurtenbach expressed his serious concerns of over discrepancies in prior statements made to
this Board compared to those made tonight. He stated that he needs an answer moving forward to
the question being asked in future bid documents.
Mr. VanFleet questioned if there is anything in the evaluation process that needs to be included.
Mr. Kurtenbach commented that once the low bidder and their subcontractors have been
identified, that information should be shared with the Board so we can look up those names to
see if they are registered and to ensure they are answering the questions correctly for the size of
the project we are looking at.
Mr. Batemon questioned if this would be done through a modification of statement of
qualifications.
Mr. Kurtenbach commented that this is what he thought was going to happen based on a
previous conversation.
Mr. Young requested an update on the Middle-Mile Grant.
Courtney Violette commented there are no updates as of yet but are hoping to hear something by
the end of the week.
Mr. Van Fleet commented that the liquidated damages dollar amount seems to be low if the
contractor is delayed. He questioned if the board is comfortable with that dollar amount.
Page 4
Courtney Violette commented that there was a legal component discussed to what was allowable
for liquidated damages.
Steve Nadel commented that he is aware that there are legal limitations, but he is unsure of what
those are.
Jamie Knutson commented that generally you have to show actual damage and it is for a certain
amount of time or money. He stated that he has one going on right now and it is costing the
contractor $1,000 per day because that is what is costing the city to provide additional
engineering inspections for that project.
Mr. Kurtenbach commented that is a double-edged sword as he knows several contractors that
have been reluctant to do work with the city due to the potential for lost damages.
Mr. Van Fleet commented that he is looking at page 3 of 6 of the notice to bidders. He stated
that he is excited to see construction starting in June. He questioned why it is not broken down
by phase by year.
Courtney Violette commented that the phases will be broken into task orders for the contractors
as they make progress on the project as opposed to rolling out an entire phase at once.
Mr. Van Fleet questioned if that was standard practice.
Courtney Violette explained it is more of a need to manage the project in its complexity.
Moved by Young seconded by Batemon. Roll call-vote Ayes: Four. Motion carried. Resolution
No. 2023-006.
5. Motion establishing the position of General Manager and approving the general form of a
job description and compensation package for said position.
The board and Kelley Felchle, Board Secretary, discussed how the process of posting and hiring
for the position.
Steve Nadel commented that the issuance of bonds will be used for working capital. Until rates
are set, the city can front money then be reimbursed on back end.
Mr. Kurtenbach questioned if a 28E Agreement is needed. And once hired, where will this
person’s office be.
Mr. Van Fleet explained that he has had a conversation with Randy Bennett about this and he has
offered space at the Public Works facility. He also mentioned fueling trucks and utilizing
mechanics out of that facility as well to help prevent us from starting from scratch.
Courtney Violette commented that he and Randy also spoke on the matter as well. There will be
a number of operational things that will need to be corroborated with the city.
Mr. Van Fleet commented that they would really like to get this person hired by June 1. He will
be out of country for the entire month and will return on June 30th. He also commented that
there may be some bullet points with regard to physical demands that may not be applicable to
the General Manager that were left in the current document that will need to be removed.
Kelley Felchle explained that the document is the final that was provided by Human Resources
and that the physical demands are likely necessary. She added that if there are any changes
needed following tonight’s discussion, she can work with Human Resources.
Mr. Bateman questioned if the title for the position would be Fiber Director of General Manager.
Page 5
The board members discussed options for the title. The title of General Manager of
Telecommunications was accepted by the board.
Rob Nichols questioned if the name of this organization has been finalized.
Mr. Van Fleet explained that the board has been working to condense the name down to two
words – Waterloo Fiber. He noted that a preliminary logo has been created which says locally
owned and operated, which is a huge differentiator between us and the competition.
Moved by Young seconded by Batemon. Voice-vote Ayes: Four. Motion carried.
6. Motion appointing Kelley Felchle as Board Secretary.
Moved by Kurtenbach seconded by Young. Voice-vote Ayes: Four. Motion carried.
7. Motion adopting an official seal of the Waterloo Telecommunications Utility Board of
Trustees.
Moved by Young seconded by Batemon. Voice-vote Ayes: Four. Motion carried.
8. General update from consultants and board member comments.
Steve Nadel commended the board for a great discussion today and noted that the engagement of
this board is very beneficial.
With no further business before the board, it was moved by Kurtenbach seconded by Young that
the meeting be adjourned at 5:06 p.m. Voice-vote Ayes: Four. Motion carried.
Kelley Felchle
Board Secretary
- 1 -
ITEMS TO INCLUDE ON AGENDA FOR APRIL 19, 2023
BOARD OF TRUSTEES OF THE WATERLOO MUNICIPAL COMMUNICATIONS
UTILITY, WATERLOO, IOWA
Not to exceed $4,000,000 Taxable Communications Utility Revenue Capital Loan Notes
Resolution fixing date for a meeting on the proposition to authorize a Loan Agreement
and the issuance of Notes to evidence the obligations of the City thereunder.
NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE
CHAPTER 21 AND THE LOCAL RULES OF THE
GOVERNING BODY.
- 2 -
April 19, 2023
The Board of Trustees of the Waterloo Municipal Communications Utility, Waterloo,
State of Iowa, met in _______________ session, in the Harold E. Getty Council Chambers, 715
Mulberry Street, Waterloo, Iowa, at __________ _____.M., on the above date. There were
present Chairperson _______________, in the chair, and the following named Board Members:
__________________________________________________
Absent: ___________________________________________
Vacant: ___________________________________________
* * * * * * *
- 3 -
Board Member _________________________ introduced the following Resolution
entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF
A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $4,000,000
TAXABLE COMMUNICATIONS UTILITY REVENUE CAPITAL LOAN NOTES OF THE
CITY OF WATERLOO, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF
NOTICE THEREOF", and moved that the same be adopted. Board Member
_________________________ seconded the motion to adopt. The roll was called and the vote
was,
AYES: ___________________________________________
___________________________________________
NAYS: ___________________________________________
Whereupon, the Chairperson declared the resolution duly adopted as follows:
RESOLUTION FIXING DATE FOR A MEETING ON THE
AUTHORIZATION OF A LOAN AGREEMENT AND THE
ISSUANCE OF NOT TO EXCEED $4,000,000 TAXABLE
COMMUNICATIONS UTILITY REVENUE CAPITAL LOAN
NOTES OF THE CITY OF WATERLOO, STATE OF IOWA,
AND PROVIDING FOR PUBLICATION OF NOTICE
THEREOF
WHEREAS, it is deemed necessary and advisable that the City of Waterloo , State of
Iowa, should provide for the authorization of a Loan Agreement and the issuance of Taxable
Communications Utility Revenue Capital Loan Notes, to the amount of Not to exceed
$4,000,000, as authorized by Sections 384.24A and 384.83, of the Code of Iowa, for the purpose
of providing funds to pay costs of carrying out project(s) as hereinafter described; and
WHEREAS, the Loan Agreement and Notes shall be payable solely and only out of the
Net Revenues of the Municipal Communications Utility and shall be a first lien on the future Net
Revenues of the Utility; and shall not be general obligations of the City or payable in any manner
by taxation and the City shall be in no manner liable by reason of the failure of the Net Revenues
to be sufficient for the payment of the Loan Agreement and Notes; and
WHEREAS, before the Loan Agreement and Notes may be issued, it is necessary to
comply with the provisions of the Code, and to publish a notice of the proposal to issue such
notes and of the time and place of the meeting at which the Board proposes to take action for the
authorization of the Loan Agreement and Notes and to receive oral and/or written objections
from any resident or property owner of the City to such action.
- 4 -
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
WATERLOO MUNICIPAL COMMUNICATIONS UTILITY OF THE CITY OF
WATERLOO, STATE OF IOWA:
Section 1. That this Board meet in the Harold E. Getty Council Chambers, 715 Mulberry
Street, Waterloo, Iowa, at __________ _____.M., on the 17th day of May, 2023, for the purpose
of taking action on the matter of the authorization of a Loan Agreement and the issuance of not
to exceed $4,000,000 Taxable Communications Utility Revenue Capital Loan Notes, the
proceeds of which notes will be used to provide funds to pay the costs of improvements and
extensions to the Municipal Communications Utility, including working capital during the
construction, start-up period and initial operation of the communications utility system.
Section 2. That the Secretary is hereby directed to cause at least one publication to be
made of a notice of the meeting, in a legal newspaper, printed wholly in the English language,
published at least once weekly, and having general circulation in the City. The publication to be
not less than four clear days nor more than twenty days before the date of the public meeting on
the issuance of the Notes.
Section 3. The notice of the proposed action to issue notes shall be in substantially the
following form:
- 5 -
(To be published on or before: May 12, 2023, but not before April 27, 2023)
NOTICE OF MEETING OF THE BOARD OF TRUSTEES OF
THE WATERLOO MUNICIPAL COMMUNICATIONS
UTILITY OF THE CITY OF WATERLOO, STATE OF IOWA,
ON THE MATTER OF THE PROPOSED AUTHORIZATION
OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO
EXCEED $4,000,000 TAXABLE COMMUNICATIONS
UTILITY REVENUE CAPITAL LOAN NOTES, AND THE
HEARING ON THE ISSUANCE THEREOF
PUBLIC NOTICE is hereby given that the Board of Trustees of the Waterloo Municipal
Communications Utility of the City of Waterloo, State of Iowa, will hold a public hearing on the
17th day of May, 2023, at __________ _____.M., in the Harold E. Getty Council Chambers, 715
Mulberry Street, Waterloo, Iowa, at which meeting the Board proposes to take additional action
for the authorization of a Loan Agreement and the issuance of not to exceed $4,000,000 Taxable
Communications Utility Revenue Capital Loan Notes, to provide funds to pay the costs of
improvements and extensions to the Municipal Communications Utility, including working
capital during the construction, start-up period and initial operation of the communications utility
system. The Notes will not constitute general obligations or be payable in any manner by
taxation, but will be payable from and secured by the Net Revenues of the Municipal
Communications Utility.
At the above meeting the Board shall receive oral or written objections from any resident
or property owner of the City to the above action. After all objections have been received and
considered, the Board will at the meeting or at any adjournment thereof, take additional action
for the authorization of a Loan Agreement and the issuance of the Notes to evidence the
obligation of the City thereunder or will abandon the proposal to issue said Notes.
This notice is given by order of the Board of Trustees of the Waterloo Municipal
Communications Utility of the City of Waterloo, State of Iowa, as provided by Sections 384.24A
and 384.83 of the Code of Iowa.
Dated this __________ day of _______________, 2023.
Secretary of the Board of Trustees, Waterloo
Municipal Communications Utility, Waterloo,
State of Iowa
(End of Notice)
- 6 -
PASSED AND APPROVED this __________ day of _______________, 2023.
Chairperson of the Board of Trustees
ATTEST:
Secretary of the Board of Trustees
CERTIFICATE
STATE OF IOWA
COUNTY OF BLACK HAWK
)
) SS
)
I, the undersigned Secretary of the Board of Trustees of the Waterloo Municipal
Communications Utility, Waterloo, State of Iowa, do hereby certify that attached is a true and
complete copy of the portion of the records of the Board of Trustees showing proceedings of the
Board, and the same is a true and complete copy of the action taken by the Board with respect to
the matter at the meeting held on the date indicated in the attachment, which proceedings remain
in full force and effect, and have not been amended or rescinded in any way; that meeting and all
action thereat was duly and publicly held in accordance with a notice of meeting and tentative
agenda, a copy of which was timely served on each member of the Board and posted on a
bulletin board or other prominent place easily accessible to the public and clearly designated for
that purpose at the principal office of the Board pursuant to the local rules of the Board and the
provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media
at least twenty-four hours prior to the commencement of the meeting as required by law and with
members of the public present in attendance; I further certify that the individuals named therein
were on the date thereof duly and lawfully possessed of their respective offices as indicated
therein, that no Board vacancy existed except as may be stated in the proceedings, and that no
controversy or litigation is pending, prayed or threatened involving the incorporation,
organization, existence or boundaries of the City or the right of the individuals named therein as
officers to their respective positions.
WITNESS my hand and the seal of the Board hereto affixed this __________ day of
_______________, 2023.
(SEAL)
Secretary of the Board of Trustees, Waterloo
Municipal Communications Utility, Waterloo,
State of Iowa
CERTIFICATE
STATE OF IOWA
COUNTY OF BLACK HAWK
)
) SS
)
I, the undersigned, do hereby certify that I am now and was at the times hereinafter
mentioned, the duly qualified and acting Secretary of the Board of Trustees of the Waterloo
Municipal Communications Utility, City of Waterloo, in the County of Black Hawk, State of
Iowa, and that as such Secretary and by full authority from the Board of the City, I have caused a
NOTICE OF MEETING OF THE BOARD OF TRUSTEES OF THE
WATERLOO MUNICIPAL COMMUNICATIONS UTILITY, WATERLOO,
STATE OF IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF
NOT TO EXCEED $4,000,000 TAXABLE COMMUNICATIONS UTILITY
REVENUE CAPITAL LOAN NOTES, OF THE CITY OF WATERLOO,
AND THE HEARING ON THE ISSUANCE THEREOF
of which the clipping annexed to the publisher's affidavit hereto attached is in words and figures
a correct and complete copy, to be published as required by law in the "Waterloo/Cedar Falls
Courier", a legal newspaper published at least once weekly, printed wholly in the English
language, published regularly and mailed through the post office of current entry for more than
two years and which has had for more than two years a bona fide paid circulation recognized by
the postal laws of the United States, and has a general circulation in the City, and that the Notice
was published in all of the issues thereof published and circulated on the following date:
____________________, 2023.
WITNESS my official signature this __________ day of _______________, 2023.
(SEAL)
Secretary of the Board of Trustees, Waterloo
Municipal Communications Utility, Waterloo,
State of Iowa
02184909-1\24268-003
PROJECT MANUAL
FOR
CONSTRUCTION OF A FIBER -TO-THE-PREMISE FEEDER/DISTRIBUTION
AND BACKBONE NETWORK PROJECT
CONTRACT NO. 1080
FY 2023 CONSTRUCTION OF A FIBER-TO-THE-
PREMISE FEEDER/DISTRIBUTION AND
BACKBONE NETWORK PROJECT
CONTRACT NO. 1080
CONTRACT DOCUMENTS
TABLE OF CONTENTS
Highlighted items must be included with bid.
1. NOTICE OF PUBLIC HEARING
2. NOTICE TO BIDDERS
3. INSTRUCTIONS TO BIDDERS
4. FORM OF BID OR PROPOSAL
5. FORM OF BID BOND
6. NON-COLLUSION AFFIDAVITS
7. EQUAL OPPORTUNITY CLAUSE
8. TITLE VI CIVIL RIGHTS
9. BIDDER STATUS FORM
10. AFFIRMATIVE ACTION PROGRAM
11. POTENTIAL ITEMS OF WORK FOR MBE/WBE PARTICIPATION
A. SUBCONTRACTOR'S BID REQUEST FORM,
B. LETTER FORM FOR SUBCONTRACTOR QUOTES (CCO-3)
C. MBE/WBE SCOPE LETTER, (CCO-4)
D. MBE AND/OR WBE PREBID CONTACT INFORMATION FORM (CCO-4A)
E. MBP/WBE LETTER OF INTENT TO BID (CCO-5)
12. WATERLOO/CEDAR FALLS MINORITY AND WOMEN BUSINESSES
ENTERPRISE CONSTRUCTION AND MAINTENANCE CONTRACTOR'S GUIDE
13. STATEMENT OF BIDDER'S QUALIFICATIONS
14. GENERAL SPECIAL PROVISIONS
15. SPECIAL PROVISIONS
16. SUPPLEMENTAL SUDAS SPECIFICATIONS
17. GENERAL SPECIFICATIONS FOR CONSTRUCTION
18. SUPPLEMENTAL GENERAL SPECIFICATIONS FOR CONSTRUCTIONS
19. FORM OF CONTRACT
20. FORM OF PERFORMANCE, PAYMENT, AND MAINTENANCE BOND
ATTACHMENT A - Construction Design Drawings
ATTACHMENT B - Unit Labor and Material Costs
ATTACHMENT C - Fiber Optic Design and Construction Specifications
NOTICE OF HEARING CONTRACT NO. 1080 Page 1 of 3
NOTICE OF PUBLIC HEARING
On Proposed Plans, Specifications, Form of Contract,
And Estimate of Cost
For the
FY 2023 CONSTRUCTION OF A FIBER-TO-THE-
PREMISE FEEDER/DISTRIBUTION AND BACKBONE
NETWORK PROJECT
In the City of Waterloo, Iowa
CONTRACT NO. 1080
RECEIVING OF BIDS
On behalf of the City of Waterloo and the Municipal Telecommunications Utility of the City of
Waterloo, notice is hereby given that sealed proposals will be received by the City Clerk of the
City of Waterloo, Iowa, at her office in the City Hall of the said City on the 27th day of April, 2023
before 1:00 p.m. for the construction of the FY 2023 CONSTRUCTION OF A FIBER-TO-THE-
PREMISE FEEDER/DISTRIBUTION AND BACKBONE NETWORK PROJECT, Contract No.
1080 , as described in detail in the plans and specifications now on file in the Office of the City
Clerk. Proposals received after the deadline for submission of bids as stated herein shall not be
considered and shall be returned to the late bidder unopened.
OPENING OF BIDS
All proposals received will be opened in the City Council Chambers at City Hall, in the City of
Waterloo, Iowa, on the 27th day of April 2023 at 1:00 p.m.
Proposals will be considered by the Board of Trustees of the Municipal Telecommunications Utility
at its meeting at 4:00 pm on May 3, 2023, in the Harold E. Getty Council Chambers in City Hall,
715 Mulberry Street, Waterloo, Iowa. The Board may approve awarding a Contract at said
meeting, or at such other time and place as shall then be announced.
Proposals will be considered by the City of Waterloo City Council at its meeting at 5:30 P.M. on
May 1, 2023 in the Harold E. Getty Council Chambers in City Hall, 715 Mulberry Street, Waterloo,
Iowa. The City Council anticipates making the award of Contract at its meeting at 5:30 P.M. on
May 15, 2023, or at such other time and place as shall then be announced.
PUBLIC HEARINGS
The City Council of Waterloo, Iowa, will hold a public hearing on the proposed Plans,
Specifications, Form of Contract, and Estimate of Costs for the construction of said improvement s
at 5:30 p.m. on the 1tst day of May, 2023, in the Harold E. Getty Council Chambers in City Hall, 715
Mulberry Street, Waterloo, Iowa. At said hearing, any interested person may appear and file
objections thereto or to the cost of the improvements.
The Board of Trustees of the Municipal Telecommunications Utility will hold a public hearing on the
proposed Plans, Specification, Form of Contract, and Estimate of Costs for the construction of said
improvements at 4:00 pm on May 3, 2023 at Harold E. Getty Council Chambers in City Hall, 715
Mulberry Street, Waterloo, Iowa. At said hearing, any interested person may appear and file
objections thereto or to the cost of the improvements.
NOTICE OF HEARING CONTRACT NO. 1080 Page 2 of 3
MANDATORY PRE-BID MEETING
A mandatory pre-bid meeting will be held in person and virtually. Attendance is mandatory to
respond to the 2023 Construction of a Fiber-to-the-Premise Feeder/Distribution and Backbone
Network Project, Contract No. 1080. The meeting location and ID and Code are listed below. If this
information should change, updated information will be posted at the website listed below.
https://www.cityofwaterlooiowa.com/government/municipalgovermentbids.php .
Pre-Bid Meeting -- Date: March 30, 2023 / Time: 1:00 P.M. – 3:00 P.M. CST.
Mollenhoff Conference Room in City Hall, 715 Mulberry Street, Waterloo, Iowa.
Join Zoom Meeting -- Date: March 30, 2023 / Time: 1:00 P.M. – 3:00 P.M. CST.
Topic: Telecom Pre-Construction Meeting
Time: Mar 30, 2023 01:00 PM Central Time (US and Canada)
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Meeting ID: 845 7339 4747
Passcode: 667435
Find your local number: https://us06web.zoom.us/u/kdy2Ucq68Q
Project Calendar Anticipated Event Dates:
Issuance of the Notice to Bidders March 9, 2023
Pre-Bid Meeting March 30, 2023
Final Submission of Contractors’ Questions April 5, 2023
Response to Contractors’ Questions April 10, 2023
Bids Due April 27, 2023
NOTICE OF HEARING CONTRACT NO. 1080 Page 3 of 3
City consideration of bids May 1, 2023
City public hearing on Plans, Specifications, Form of Contract
& Estimate of Cost May 1, 2023
Utility public hearing on Plans, Specifications, Form of Contract
& Estimate of Cost May 3, 2023
City Award of Contract May 15, 2023
Utility consideration of bids & approval of award of contract May 17, 2023
Contract Signed and Mobilization Commences May 18, 2023
Commence Construction June 19, 2023
All Contracts Must Have Obligations Complete by December 31, 2024
Complete Construction No Later Than December 31, 2026
NOTICE OF HEARING CONTRACT NO. 1080 Page 4 of 3
SCOPE OF WORK
The City seeks a Contractor to build the necessary components to create the high-speed Fiber-
To-The-Premise (FTTP) 10 Gigabit Symmetrical-Passive Optical Network (XGS-PON)
communications Network (the Project) within the City’s defined Service Area and prepare it to
deliver backbone and fiber-to-the-home services. The system shall be a fully operational high-
speed communications network supporting Internet protocol technology and allowing users
access to and from the Internet. The Project requires the construction of a Fiber-to-the-Premise
feeder/distribution and a backbone network which will support XGS-PON technologies to be
utilized to deliver best-effort and guaranteed services to its customers within the City Service
Area.
The design (Attachment A) identifies the placement of Fiber Distribution Hub (FDH’s) located at
the City data center and network PoP’s. These locations will also house active electronics and
splitters in support of the FTTP deployment. Fiber routes to be built by contractor and operated
by the City and the Waterloo Telecommunications Utility will be utilized to interconnect these
FDHs in a fiber ring topology.
Fiber routes are laid out logically to economically connect each service area back to the local
cabinet located at the headend or alternate node site. Architecture is a star design for the feeder
network and a ring connecting network nodes.
The Project will be located at various locations throughout the City.
Once construction of an FTTP area is complete, tested and running for 30 days, the Engineer will
provide a certificate of substantial completion for that FTTP area. After substantial completion, the
City/Utility shall be able to occupy or utilize the FTTP area for its intended purpose. The City/Utility
shall complete One Call locates for all FTTPs that have received a certificate of substantial
completion.
The City has active grant applications into federal funding agencies for portions of
the backbone only (Division 2 work). In the event of a grant award, the City reserves
the right to remove the Division 2 work from this Contract, with a reduction in fee to
the Contractor equivalent to the bid price associated with the Division 2 work. The
City anticipates that a decision regarding the Division 2 work will be made on or before
June 1, 2023.
Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to
the City Council of said Waterloo, Iowa, on the day of , .
CITY OF WATERLOO, IOWA
BY:
Kelley Felchle
City Clerk
NOTICE OF BIDDERS CONTRACT NO. 1080 Page 1 of 7
NOTICE TO BIDDERS
For the Taking of Construction Bids for the
FY 2023 CONSTRUCTION OF A FIBER-TO-THE-
PREMISE FEEDER/DISTRIBUTION AND BACKBONE
NETWORK PROJECT
In the City of Waterloo, Iowa
CONTRACT NO. 1080
RECEIVING OF BIDS
On behalf of the City of Waterloo and the Municipal Telecommunications Utility of the City of
Waterloo, notice is hereby given that sealed proposals will be received by the City Clerk of the
City of Waterloo, Iowa, at her office in the City Hall of the said City on the 27th day of April, 2023
before 1:00 p.m. for the construction of the FY 2023 CONSTRUCTION OF A FIBER-TO-THE-
PREMISE FEEDER/DISTRIBUTION AND BACKBONE NETWORK PROJECT, Contract
No.1080 as described in detail in the plans and specifications now on file in the Office of the City
Clerk. Proposals received after the deadline for submission of bids as stated herein shall not be
considered and shall be returned to the late bidder unopened.
OPENING OF BIDS
All proposals received will be opened in the City Council Chambers at City Hall, in the City of
Waterloo, Iowa, on the 27th day of April 2023, at 1:00 p.m..
Proposals will be considered by the Board of Trustees of the Municipal Telecommunications Utility
at its meeting at 4:00 pm on May 3, 2023, in the Harold E. Getty Council Chambers in City Hall,
715 Mulberry Street, Waterloo, Iowa. The Board may approve awarding a Contract at said meeting,
or at such other time and place as shall then be announced.
Proposals will be considered by the City of Waterloo City Council at its meeting at 5:30 P.M. on
May 1st, 2023, in the Harold E. Getty Council Chambers in City Hall, 715 Mulberry Street, Waterloo,
Iowa. The City Council anticipates making the award of Contract at its meeting at 5:30 P.M. on
May 15, 2023, or at such other time and place as shall then be announced.
PUBLIC HEARINGS
The City Council of Waterloo, Iowa, will hold a public hearing on the proposed Plans,
Specifications, Form of Contract, and Estimate of Costs for the construction of said improvements
at 5:30 p.m. on the 1st day of May, 2023, in the Harold E. Getty Council Chambers in City Hall,
715 Mulberry Street, Waterloo, Iowa. At said hearing, any interested person may appear and file
objections thereto or to the cost of the improvements.
The Board of Trustees of the Municipal Telecommunications Utility will hold a public hearing on
the proposed Plans, Specification, Form of Contract, and Estimate of Costs for the construction
of said improvements at 4:00 pm on May 3, 2023 at Harold E. Getty Council Chambers in City
Hall, 715 Mulberry Street, Waterloo, Iowa. At said hearing, any interested person may appear
and file objections thereto or to the cost of the improvements.
SCOPE OF WORK
The City seeks a Contractor to build the necessary components to create the high-speed FTTP
NOTICE OF BIDDERS CONTRACT NO. 1080 Page 2 of 7
XGS-PON communications Network (the Project) within the City’s defined Service Area and
prepare it to deliver backbone and fiber-to-the-home services. The system shall be a fully
operational high-speed communications network supporting Internet protocol technology and
allowing users access to and from the Internet. The Project requires the construction of a Fiber to
the Premise feeder/distribution and a backbone network which will support XGS-PON
technologies to be utilized to deliver best-effort and guaranteed services to its customers within
the City Service Area.
The design (Attachment A) identifies the placement of FDH’s located at the City data center and
network PoP’s. These locations will also house active electronics and splitters in support of the
FTTP deployment. Fiber routes to be built by contractor and operated by the City and the Waterloo
Telecommunications Utility will be utilized to interconnect these FDHs in a fiber ring topology.
Fiber routes are laid out logically to economically connect each service area back to the local
cabinet located at the headend or alternate node site. Architecture is a star design for the feeder
network and a ring connecting network nodes.
The Project will be located at various locations throughout the City.
Once construction of an FTTP area is complete, tested and running for 30 days, the Engineer will
provide a certificate of substantial completion for that FTTP area. After substantial completion, the
City/Utility shall be able to occupy or utilize the FTTP area for its intended purpose. The City/Utility
shall complete One Call locates for all FTTPs that have received a certificate of substantial
completion.
The City has active grant applications into federal funding agencies for portions of the
backbone only (Division 2 work). In the event of a grant award, the City reserves the right
to remove the Division 2 work from this Contract, with a reduction in fee to the Contractor
equivalent to the bid price associated with the Division 2 work. The City anticipates that a
decision regarding the Division 2 work will be made on or before June 1, 2023.
BEGINNING AND COMPLETION DATES
The contract will be signed and mobilization shall be commenced within five (5) working days after
receipt of "Notice to Proceed." The “Notice to Proceed” is expected to be issued on or about May
18, 2023. The Project shall be substantially completed on or before December 31st, 2026.
METHOD OF PAYMENT TO CONTRACTOR
Payments will be made on the basis of estimates prepared by the Contractor and approved by
the Engineer, solely for the purpose of payment; approval by the Engineer, or the City Council,
shall not be deemed as approval or acceptance of the workmanship or materials. The Contractor
will be compensated for 95% of the work completed during a payment period, with the remaining
5% being retained in accordance with the Iowa Code. Regular payments approved by the
Engineer will be made following the next scheduled City Council meeting. Final payment will be
made thirty-one (31) days after completion of the work and final acceptance by the Council.
Before final payment is made, vouchers showing that all subcontractors and workmen and all
persons furnishing materials have been fully paid for such materials and labor will be required
unless the City is satisfied that material, men, and laborers have been paid.
PLANS AND SPECIFICATIONS
Plans and Specifications governing the construction of the proposed improvements have been
prepared by Magellan which plans and specifications and also the prior proceedings of the City
NOTICE OF BIDDERS CONTRACT NO. 1080 Page 3 of 7
Council referring to and defining said proposed improvements are hereby made a part of this notice,
and the proposed contract by reference shall be executed in compliance therewith.
Plans and Specifications are available for review only from the Engineering Department.
Complete digital Plans and Specifications are available at:
MANDATORY PRE-BID MEETING
A mandatory pre-bid meeting will be held in person and virtually. Attendance is mandatory to
respond to the 2023 Construction of a Fiber-to-the-Premise Feeder/Distribution and Backbone
Network Project, Contract No. 1080. The meeting location and ID and Code are listed below. If this
information should change, updated information will be posted at the website listed below.
https://www.cityofwaterlooiowa.com/government/municipalgovermentbids.php .
Pre-Bid Meeting -- Date: March 30, 2023 / Time: 1:00 P.M. – 3:00 P.M. CST.
Mollenhoff Conference Room in City Hall, 715 Mulberry Street, Waterloo, Iowa.
Join Zoom Meeting -- Date: March 30, 2023 / Time: 1:00 P.M. – 3:00 P.M. CST.
Topic: Telecom Pre-Construction Meeting
Time: Mar 30, 2023 01:00 PM Central Time (US and Canada)
Join Zoom Meeting
https://us06web.zoom.us/j/84573394747?pwd=Y1lMUnNPR1l0WW9YQ3p3ekNkaUR0QT09
Meeting ID: 845 7339 4747
Passcode: 667435
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Project Calendar Anticipated Event Dates:
NOTICE OF BIDDERS CONTRACT NO. 1080 Page 4 of 7
Issuance of the Notice to Bidders March 9, 2023
Pre-Bid Meeting March 30, 2023
Final Submission of Contractors’ Questions April 5, 2023
Response to Contractors’ Questions April 10, 2023
Bids Due April 27, 2023
City consideration of bids May 1, 2023
City public hearing on Plans, Specifications, Form of Contract
& Estimate of Cost May 1, 2023
Utility public hearing on Plans, Specifications, Form of Contract
& Estimate of Cost May 3, 2023
City Award of Contract May 15, 2023
Utility consideration of bids & approval of award of contract May 17, 2023
Contract Signed and Mobilization Commences May 18, 2023
Commence Construction June 19, 2023
All Contracts Must Have Obligations Complete by December 31, 2024
Complete Construction No Later Than December 31, 2026
NOTICE OF BIDDERS CONTRACT NO. 1080 Page 5 of 7
CONTRACT AWARD
A contract will be awarded to the lowest responsive, responsible bidder.
The City reserves the right to reject any or all bids, re-advertise for new bids, and to waive
informalities in the bids submitted.
Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty (30) days from
the day of the opening of bids for the purpose of reviewing the bids and investigating the
responsibility of bidders, prior to awarding the contract.
By virtue of statutory authority, a preference will be given to products and provisions grown and
coal produced with the State of Iowa and preference will be given to local domestic labor in the
construction of the improvement.
PROPOSALS SUBMITTED
The bidder shall submit bids on the items listed in the proposal. The bidder shall clearly write or
type the unit bid price and the bid item extension (Unit Price x Estimated Qty) in numerals on the
blanks provided. Should there be any discrepancy between the unit bid price and extension, the
City of Waterloo shall consider the unit bid price as being the valid unit bid price.
The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of
the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated
Quantity, Unit Bid Price, Total Bid Price and Total Bid. The computer-generated spreadsheet shall
include all of the information listed in that portion of the Form of Bid or Proposal as well as bear
the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer-
generated spreadsheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in
the space(s) provided on the Form of Bid or Proposal.
BID SECURITY REQUIRED
All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on
an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft
drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond, (on
the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than
five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will
be held as security that the Bidder will enter into a Contract for the construction of the work and
will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into
the Contract and furnish the required bonds, his bid security may be retained by said City as
agreed upon liquidated damages. If bid bond is used, it must be signed by both the Bidder and
the surety or surety's agent. Signature of surety's agent must be supported by accompanying
Power of Attorney.
PERFORMANCE & PAYMENT BONDS
The successful bidder will be required to furnish a “Performance Bond” and a “Payment Bond”
within ten (10) days after forms are presented to bidder in an amount equal to one hundred
percent (100%) of the contract price, said bond to be issued by a responsible surety approved by
the City Council and shall guarantee the faithful performance of the contract and the terms and
conditions therein contained, and shall guarantee the prompt payment of all materials and labor
and protect and save harmless the City from claims of any kind caused by the operations of the
contractor.
NOTICE OF BIDDERS CONTRACT NO. 1080 Page 6 of 7
MAINTENANCE BOND
Before the Contractor shall be entitled to receive final payment for work done under this contract,
it shall execute and file a maintenance bond in the penal sum of not less than 100% of the total
amount of the contract guaranteeing the maintenance of the improvement caused by failures in
materials and construction for a period of two (2) years from and after acceptance of the Contract.
CONTRACT COMPLIANCE PROGRAM / SUBCONTRACTING
The program proposes numerical projections regarding utilization of Minority Business Enterprise
(MBE) and Women Business Enterprise (WBE) as Subcontractors, vendors and suppliers in the
performance of Contracts awarded by the City of Waterloo, Iowa.
A goal of at least ten percent (10%) for MBE participation on all City funded construction projects
that are estimated at $50,000.00 or more. A goal of at least two percent (2%) for WBE participation
on all City funded construction projects that are estimated at $50,000.00 or more. Any project
funded in part or in total with federal funds shall follow the respective agencies contract
compliance program and goals. The Prime Contractor shall make "good-faith efforts" to meet the
Contract Compliance MBE/WBE goals. The MBE/WBE subcontractors, suppliers or vendors must
provide the Prime Contractor a reasonably competitive price for the service being rendered or the
Contractor is not required to accept their bid.
LIQUIDATED DAMAGES
Time is an essential element of this contract. It is important that the work be diligently pursued to
completion. If the work is not completed within the specified contract period, plus authorized
extensions, the contractor shall pay to the City Liquidated Damages in the amount of one
thousand dollars ($1,000.00) per day, for each day, as further described herein, in excess of the
authorized time.
Days beyond the specified contract period for which Liquidated Damages will be charged will be
working days that the contractor does, or could have worked, from Monday through Saturday.
Sundays will be counted only if work is performed. Partial working days will be considered as a
full working day. Days not chargeable for Liquidated Damages will include rain days, Sunday if
no work is done, and legal holidays.
Working days will cease to be charged when only punch list items remain to be completed. Punch
list items do not include contract bid items or approved change/extra work orders.
When the Contractor believes the project to be substantially completed, a written notice stating
the same shall be submitted to the Engineer and a request made for a Punch List. If the work
under the Contract extends beyond the normal construction season for such work the Contractor
shall submit to the Engineer in writing a request that working days counted toward the project be
suspended until work is resumed the following construction season.
This amount is not construed as a penalty. These damages are for the cost to the City of providing
the required additional inspection, engineering and contract administration.
PRE-CONSTRUCTION CONFERENCE
Before the work is commenced on this contract, a conference shall be held for the purpose of
discussing the contract. Attendance at the conference is strongly encouraged.
BIDDER STATUS
Attention of bidders is called to compliance with the provisions of the Resident Bidder/Non-
Resident Bidder requirements.
NOTICE OF BIDDERS CONTRACT NO. 1080 Page 7 of 7
Each bidder submitting a bid shall execute and include with the bid, a Bidder Status Form in the
form herein provided.
Failure to submit a fully completed Bidder Status Form with the bid may result in the bid being
deemed nonresponsive and rejected.
SALES TAX
This project is subject to sales tax. The Contractor will keep track of sales tax as required by the
State of Iowa. The Contractor will keep the sales tax for the Fiber-To-The-Premise (FTTP) and
the backbone separately. The City may apply for a sales tax refund on portions of the project after
City Council acceptance.
INSTRUCTIONS TO BIDDERS Page 1 of 9
INSTRUCTIONS TO BIDDERS
1. EXPLANATIONS TO BIDDERS
Any explanation desired by a bidder regarding the meaning or interpretation of the Notice to Bidders,
Plans, Specifications, etc., must be requested in writing on or before April 27, 2023. Any interpretation
made will be in the form of an addendum to the Notice to Bidders, Plans, Specifications, etc., and will be
furnished to all prospective bidders. Its receipt by the bidder must be acknowledged in the space
provided on the Proposal Form. Oral explanations or instructions given before the award of the contract
will not be binding.
2. EXAMINATION OF PROPOSED WORK
Bidders are encouraged to visit the site and take such other steps as may be reasonably necessary to
ascertain the nature and location of the work, and the general and local conditions which can aff ect the
work or the cost thereof. Failure to do so will not relieve bidders from responsibility for estimating properly
the difficulty or cost of successfully performing the work. The owner will assume no responsibility for any
understanding or representation concerning conditions made by any of its officers or agents prior to the
execution of the contract, unless included in the Notice to Bidders, the Specifications or related
documents, or any addenda thereto.
3. PREPARATION OF BIDS
a. Bids shall be submitted on the forms furnished, or copies thereof, and must be manually signed.
If erasures or other changes appear on the forms, each erasure or change must be initialed by
the person signing the bid. The bidder has the option to submit a computer-generated spreadsheet
in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number,
Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price, and Total Bid. The computer-
generated spreadsheet shall include all of the information listed in that portion of the Form of Bid
or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the
bidders who submit a computer-generated spread- sheet, the TOTAL BID (with alternates, if
applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal.
b. The Bid Form may provide for submission of a price or prices for one or more items, which may
be lump sum bids, alternate prices, schedule items resulting in a bid on a unit of construction or
a combination thereof, etc. When the Bid Form explicitly requires that the bidder bid on all items,
failure to do so will disqualify the bid. When submission of a price on all items is not required,
bidders should insert the words "no bid" in the space provided for any item on which no price is
submitted.
c. Unless called for, alternate bids will not be considered.
d. In preparing his bid, the bidder shall specify the price, written legibly in ink or with the typewriter,
at which he proposes to do each item of work. The unit price shall be stated in figures in the blank
space provided (i.e.,$7.14). In items where unit price is required, the total amount of each item
shall be computed at the unit prices bid for the quantities given on the Bid Form and stated in
figures in the blank space provided. If the bidder chooses to submit the unit prices, total bid price,
and total bid on a computer-generated spreadsheet, all numbers shall be easily legible.
INSTRUCTIONS TO BIDDERS Page 2 of 9
e. Any changes or alterations made in the Bid Form, or any addition thereto, may cause the
rejection of the bid. No bid will be considered which contains a clause in which the contractor
reserves the right to accept or reject a contract awarded him by the city Council of Waterloo. Bids
in which the unit prices are obviously unbalanced may be rejected.
f. If the bidder does not qualify as a resident bidder, the nonresident bidder shall specify on the
project proposal whether any preference to resident bidders, including but not limited to any
preference to bidders, the imposition of any type of labor force preference, or any other form of
preferential treatment to bidders or laborers from that state or foreign country is in effect in the
nonresident bidder’s state or country of domicile at the time of a bid submittal.
4. SUBMISSION OF BIDS
a. A bid must be sealed in a separate envelope and marked to indicate its contents and be
accompanied by the bid security in a separate envelope. If forwarded by mail, the two
envelopes shall be placed in a third and mailed to the City Clerk. All bids must be filed with the
City Clerk of the City of Waterloo at her office in the City Hall before the time specified for
closing bids.
b. Bids received prior to the advertised hour of opening will be securely kept sealed. The officer
whose duty it is to open them will decide when the specified time has arrived, and no bid received
thereafter will be considered.
5. LATE BIDS AND WITHDRAWALS
Bids and withdrawals thereof received at the office designated in the Notice to Bidders after the exact
time set for closing of bids will not be considered. Bids may be withdrawn by written request received
from bidders prior to the time set for closing of bids.
6. PUBLIC OPENING OF BIDS
Bids will be publicly opened at that time and place set for opening in the Notice to Bidders. Their content
will be made public for the information of bidders and others interested who may be present either in
person or by representative.
7. BID SECURITY REQUIRED
All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an
Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a
credit union in Iowa or chartered under the laws of the United States, or bid bond (on the form furnished
by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the
bid submitted, which certified check, certified share draft or bid bond will be held as security that the
Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and
in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bond,
his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used,
it must be signed by both the bidder and the surety or surety's agent. Signature of surety's agent must be
supported by accompanying Power of Attorney.
8. COLLUSIVE AGREEMENTS
a. Each bidder submitting a bid shall execute and include with the bid, a Non-Collusion Affidavit
in the form herein provided, to the effect that he has not colluded with any other person, firm,
or corporation in regard to any bid submitted.
INSTRUCTIONS TO BIDDERS Page 3 of 9
b. Each bidder submitting a bid shall have each proposed subcontractor, if any, execute and
submit to the City Contract Compliance Officer by 5:00 P.M. the business day following the
day bids on this project are due, a Non-Collusion Affidavit in the form herein provided, to the
effect that he has not colluded with any other person, firm, or corporation in regard to any bid
submitted. Before executing any subcontract, the successful bidder shall submit the name of
any proposed subcontractor for approval by the City.
9. MINORITY AND/OR WOMEN BUSINESS ENTERPRISE SUBCONTRACTORS
a. City of Waterloo and/or Women Business Enterprise Pre-Bid Contact Information
The City of Waterloo Minority and/or Women Business Enterprise Pre-Bid Contact Information
Form shall be submitted with the Form of Bid or Proposal. Failure to do so shall be grounds for
the bid being rejected if subcontracting is proposed by the prime contractor.
10. MBE/WBE CONTRACT COMPLIANCE PROGRAM PURPOSE
The purpose of the Contract Compliance Program (hereinafter called Program) is to act as an impetus
for increasing the participation of minority and women disadvantaged business enterprise (MBE/WBE)
in City awarded construction contracts.
The Program does not propose to eliminate any bona fide contractor or subcontractor from bidding on
City contracts, but it will hopefully serve as a needed stimulus to help local MBE/WBE’s grow and
eventually become mainstream contractors and subcontractors.
This Contract Compliance Program does not propose to include any set-aside or quotas, but only
flexible goals where “good-faith efforts” are required by the contractor to use MBE/WBE subcontractors.
This Program shall not eliminate the need for contractors to continue their “good-faith efforts” in using
MBE/WBE subcontractors on City contracts estimated at less than $50,000.
The City of Waterloo will make every effort to reduce in-house construction and maintenance work that
would be more cost effectively performed by the private sector and, thus, would allow additional bidding
opportunities for MBE/WBE firms.
The City Contract Compliance Officer shall be advised of all City of Waterloo awarded construction
contracts.
DEFINITIONS
Goals:
A flexible numerically expressed objective which contractors are required to make “good-faith efforts.”
The key to the requirement is to make documented efforts. Goals are neither set -a-sides nor a device
to achieve proportional representation or equal results. Numerical goals do not create set-a-sides for
specific groups, nor are they designed to achieve proportional representation or equal results. Rather,
the goal-setting process in affirmative action planning is used to target and measure the effectiveness
of affirmative action efforts to eradicate and prevent discrimination.
Quota:
A flat numerical requirement that the contractor is required to meet in order to obtain the benefit or be
in compliance. The numerical goal component of affirmative action programs is not designed to be, nor
may it properly or lawfully be interpreted as, permitting unlawful preferential treatment and quotas with
respect to persons of any race, color, religion, sex, or national origin. The regulations at 41 CFR 60-
INSTRUCTIONS TO BIDDERS Page 4 of 9
2.12(a), 60-2.15 and 60-2.30, specifically prohibit discrimination and the use of goals as quotas. (U.S.
Department of Labor)
Set-Aside:
An arrangement in which a particular contract is reserved for competition solely among minority and
women business enterprises.
Contractor:
As used in this document means contractor, subcontractor, supplier, vendor, and professional service
provider.
Minority Business Enterprise (MBE):
Any business, which is at least 51%, owned by one or more minorities and whose management and
daily business operations are controlled by one or more such individuals and is on the current State
Unified Certification List, or were listed on the City of Waterloo Certified MBE/WBE Contractors list.
Women Business Enterprise (WBE):
Any business which is at least 51% owned by one or more women and whose management and daily
business operations are controlled by one or more such individuals and is on the current State Unified
Certification List, or were listed on the City of Waterloo Certified MBE/WBE Contractors list as of July
1, 2002
Minority:
Any person or persons who are considered as socially and economically disadvantaged because of
their identity as a group member without regard to their individual qualities. The groups include: Black
American, Hispanic American, Native Americans, Eskimos, Aleuts, and Asian-Pacific Americans. 13
C.F.R. 124-1.1(c)(3)(ii)(1983).
Responsible Bidder:
Bidder who has exhibited skill relative to the type of work bid on, judgment, financial responsibility, and
evidence of working with the Affirmative Action Employment Program and the Contract Compliance
Program.
Broker:
One buying or selling for others on commission or other fee basis without maintaining a warehouse or
other similar inventory storage facility.
Good Faith Efforts:
The successful bidder shall be selected on the basis of having submitted the responsible bid. The
obligation of the bidder is to make good faith efforts. The bidder can demonstrate that it has done so by
the following:
The Prime Contractor met the project goal - No Action necessary
If the Prime Contractor failed to meet the goal, they must submit documentation of good faith effort.
CONTRACT COMPLIANCE PROGRAM SUBCONTRACTING
The program proposes numerical projections or goals regarding utilization of Minority Business
Enterprise (MBE) and Women Business Enterprise (WBE) as subcontractors in the performance of
contracts awarded by the City of Waterloo, Iowa.
A goal of at least 10% for MBE participation on all City funded construction projects that are estimated
at $50,000 or more and projects under $50,000 where applicable at the Contract Compliance Officer’s
INSTRUCTIONS TO BIDDERS Page 5 of 9
discretion. There is at least 2% WBE goal on City funded projects. Any project which is funded solely
or in part with Federal funds shall follow the respective agencies contract compliance program and
goals. Any project which is funded solely or in part with State funds shall follow the respective agencies
contract compliance program and goals. The City of Waterloo Contract Compliance Program is for City
awarded construction contracts only. The prime contractor shall make “good-faith efforts” to meet the
Contract Compliance MBE/WBE goals. The MBE/WBE subcontracts must provide the prime contractor
a reasonably competitive price for the service being rendered or the contractor is not required to accept
the bid.
Administrative Reconsideration:
As part of this reconsideration, the bidder will have the opportunity to provide written documentation or
arguments concerning the issue of whether they made adequate good faith efforts to meet the goals.
The bidder will have the opportunity to meet in person with the City of Waterloo's Administrative
Reconsideration Committee to discuss the issue of whether they made adequate good faith efforts. The
Administrative Reconsideration Committee will forward a written decision on reconsideration to the
Mayor and City Council, explaining the basis for finding that the bidder did or did not meet the goal or
make adequate good faith efforts to do so.
Documentation required will include but is not limited to the following:
a. Making portions of the work available for MBE/WBE subcontracting
b. Evidence of negotiating with MBE/WBE firms
c. MBE/WBE quotes obtained and non-MBE/WBE quotes used
d. Reasons agreements were not reached
e. Follow-up after initial solicitations
f. Efforts to assist in obtaining equipment, supplies and materials (at competitive prices), bonding,
lines of credit, insurance, etc.
g. Evidence of past compliance or non-compliance by same contractor
The Contract Compliance Officer will determine the weight to be given to each item listed above
(supported by appropriate documentation) based on overall program goals.
RESPONSIBILITIES
City of Waterloo
a. The City Contract Compliance Officer has the responsibility to assure the City’s compliance
with Federal, State and Municipal regulations.
b. The City Contract Compliance Officer is responsible for maintaining a current directory of
certified firms. Certification of MBE/WBE/DBE contractors is through the Iowa Department of
Transportation and its Unified Certification Program. Only firms certified based on guidelines
prescribed in 49 CFR Part 26 and provisions of this agreement, shall be recognized as
certified by the City of Waterloo.
c. The City Contract Compliance Officer is responsible for making available a list of future project
information notices to MBE/WBE firms.
d. The City Contract Compliance Officer shall send notices to appropriate MBE/WBE firms in the
directory of each bid solicitation with opening date.
e. The City Contract Compliance Officer will receive MBE/WBE Letter(s) of Intent to Bid and
within two (2) business days forward the complete list of MBE/WBE bidders who submitted a
Letter of Intent to Bid to prime contractors.
INSTRUCTIONS TO BIDDERS Page 6 of 9
Prime Contractors
a. In order to be in compliance with the guidelines of this program, the prime contractor must
show good-faith efforts in following the MBE/WBE Contract Compliance Program. Good-faith
efforts include, but are not limited to, the following:
b. Prime contractors shall send solicitation letters (Form CCO-3) to appropriate MBE/WBE (those
certified in directory prepared by City Contract Compliance Officer) at least seven (7) working
days prior to bid date. Letters should identify specific items to be subcontracted. A minimum of
three (3) disadvantaged business contacts must be made and documented, if there are at least
three disadvantaged businesses offering services in the area to be subcontracted (See City of
Waterloo MBE/WBE Certification List). If less than three (3) are offering the services to be
subcontracted, then a contact is required for any that are listed as providing that service. If the
Prime Contractor submits a MBE/WBE contact not on the City's MBE/WBE list, attach a copy of
the MBE/WBE/DBE Certifications from another government agency.
c. If a prime contract bidder is unable to identify MBE/WBE firms to perform portions of the work,
the City Contract Compliance Officer should be contacted for assistance immediately.
d. Prime contract bidders may solicit MBE/WBE proposals by telephone or personal interviews,
but all such contacts shall be confirmed by Certified Mail, or subcontract bid request forms (Form
CCO-2).
e. If any MBE/WBE business submitting bids is not selected for subcontract award,
documentation must accompany the "MBE/WBE Business Enterprise Pre-Bid Contact
Information Form" (Form CCO-4 and CCO-4A) on why the MBE/WBE was not selected. These
reasons could include:
Not low bid. Copies of the competing bids may be required for verification.
MBE/WBE did not bid, withdrew bid or non-responsive.
Documentation of other business-related reason for not selecting the MBE/WBE business
for a subcontract.
Prime contractor self performs work.
Any other reason relied on by prime.
The Contract Compliance Officer will determine the weight to be given to each item listed above
(supported by appropriate documentation) based on overall program goals.
MBE/WBE Firms
a. MBE/WBE firms shall be certified by the Iowa Department of Transportation as owners and
controllers of their respective businesses or were listed on the City of Waterloo Certified
MBE/WBE Contractors list as of July 1, 2002.
b. MBE/WBE firms must perform the work on the project; they cannot act as a broker by
subcontracting the work out to others.
c. Each MBE/WBE firm planning to submit quotes on construction projects with goals, shall
submit a Letter of Intent to Bid (Form CCO-5) to the City Contract Compliance Officer seven
(7) working days prior to bid opening, listing specific items which the MBE/WBE firm is
interested in bidding.
d. If sufficient Letters of Intent to Bid are not received by the City Contract Compliance Officer
seven (7) working days prior to bid opening, goals on subject project will be reduced accordingly.
INSTRUCTIONS TO BIDDERS Page 7 of 9
Agreements between the bidder/proposer and a MBE/WBE in which the MBE/WBE promises
not to provide subcontracting quotations to other bidders/proposers are prohibited.
.
NON-COMPLIANCE OF CONTRACTORS
a. Noncompliance exists when the contractor’s actions are not consistent with the requirements
of the Contract Compliance Program in the areas of employment and subcontracting.
b. A bidder’s failure to show good-faith efforts to meet project goals or a failure to use certified
MBE/WBE firms may be grounds for finding its bid not responsible.
c. The Contract Compliance Officer shall submit to City Council his/her recommendation on any
non- compliant contract in writing.
NOTICE TO PROCEED
Notice to proceed on any project with goals will not be issued until City Contract Compliance Officer
determines the responsible bidder has used good-faith efforts to comply with this Compliance Program
and the bid was responsive.
Once construction of an FTTP area is complete, tested and running for 30 days, the Engineer will provide a
certificate of substantial completion for that FTTP area. After substantial completion, the City/Utility shall
be able to occupy or utilize the FTTP area for its intended purpose. The City/Utility shall complete One
Call locates for all FTTPs that have received a certificate of substantial completion.
CONCLUSION
This program repeals or revises all sections of previous Waterloo Contract Compliance Programs.
11. EMPLOYMENT AND BUSINESS OPPORTUNITY
To the greatest extent feasible, suppliers, subcontractors, and low-income workers owning businesses
or living in the Waterloo area must be given priority in supplying materials, bidding for subcontract work,
or applying for employment by the contractor on this project. Opportunities for training and for
employment arising in connection with this project, shall to the greatest extent feasible be made
available to lower income persons residing in the project area. The contract area is the City of Waterloo.
The City of Waterloo will require the contractor to document his efforts in securing lower income workers
living in the project area and in purchasing supplies from, and awarding subcontracts to, businesses
owned by persons residing in the project area.
INSTRUCTIONS TO BIDDERS Page 8 of 9
12. STATEMENT OF BIDDER'S QUALIFICATIONS
The apparent lowest bidder shall, upon request of the City of Waterloo, Iowa, submit on the form f urnished
for that purpose (a copy of which is included in the contract documents), a statement of bidder's
qualifications, his experience record in constructing the type of improvements embraced, and his
organization and equipment available for the work contemplated; and, when specifically requested, a
detailed financial statement. The City of Waterloo, Iowa, shall have the right to take such steps as it
deems necessary to determine the ability of the bidder to perform his obligations under the contract, and
the bidder shall furnish the City of Waterloo, Iowa, all such information and data for this purpose as it
may request. The right is reserved to reject any bid where an investigation of the available evidence or
information does not satisfy the City of Waterloo, Iowa, that the bidder is qualified to carry out properly
the terms of the contract.
13. AWARD OF CONTRACT
a. Award of contract will be made to the lowest responsive, responsible bidder. The intention is to
award the contract at the City Council meeting on May 15, 2023, but the right is reserved to
postpone such action for a reasonable time, not exceeding thirty (30) days.
b. The City Council reserves the right to reject any or all bids or waive any informality in bids received.
The bidder shall submit bids on all the items listed in the proposal and shall state the unit bid price
in words in the blank spaces provided beneath the item description. Should there be any
discrepancy between the unit bid price in words and listed numeral unit bid price, the City of
Waterloo shall consider the unit bid price in words as being the valid unit bid price. A computer-
generated spreadsheet as herein provided shall also be acceptable. Proposals requiring
mathematical computations to determine unit prices or totals will be rejected. A contract will be
awarded to the lowest responsive, responsible bidder submitting the total bid., or for the BASE
BID plus ALTERNATE(S), as applicable, chosen by the City as indicated in the NOTICE TO
BIDDERS.
A resident bidder shall be allowed a preference as against a nonresident bidder from a state or
foreign country if that state or foreign country gives or requires any preference to bidders from
that state or foreign country, including but not limited to any preference to bidders, the imposition
of any type of labor force preference, or any other form of preferential treatment to bidders or
laborers from that state or foreign country. The preference allowed shall be equal to the
preference given or required by the state or foreign country in which the nonresident bidder is a
resident. In the instance of a resident labor force preference, a nonresident bidder shall apply the
same resident labor force preference to a public improvement in this state as would be required
in the construction of a public improvement by the state or foreign country in which the
nonresident bidder is a resident.
14. EXECUTION OF AGREEMENT, BONDS, AND CERTIFICATE OF INSURANCE
a. Subsequent to the award and within ten (10) days after the prescribed forms are presented for
signature, the successful bidder shall execute and deliver to the City of Waterloo, Iowa, an
agreement in the form included in the contract documents in such number of copies as the City
of Waterloo, Iowa, may require.
b. Having satisfied all conditions of award as set forth elsewhere in these documents, the
successful bidder shall, within the period specified in paragraph "a" above, furnish a performance
bond and a payment bond in a penal sum not less than the amount of the contract as awarded,
as security for the faithful performance of the contract and terms and conditions therein contained
INSTRUCTIONS TO BIDDERS Page 9 of 9
and shall guarantee the prompt payment of all persons, firms, or corporations to whom the
contractor may become legally indebted for labor, materials, tools, equipment, or services of any
nature including utility and transportation services, employed or used by him in performing the
work. The bonds shall protect and save harmless the City from claims and damages of any kind
caused by the operations of the contractor and shall also guarantee the maintenance of the
contract improvements for a period of two (2) years from and after completion of said
improvements and their acceptance by the City. Such bonds shall be in the same form as that
included in the contract documents and shall bear the same date as, or a date subsequent to
that of the agreement. The current Power of Attorney for the person who signs for any surety
company shall be attached to such bonds.
c. The successful bidder shall, within the period specified in paragraph "a" above, furnish a
certificate of insurance for approval in amounts of not less than the amounts specified in the
General Specifications for Construction, Section F. No. 4 "Liability Insurance" Pages 11 to 12 of
14 Pages. The certificate of insurance shall be furnished in such number of copies as the City of
Waterloo may require. The City of Waterloo shall be named as an "Additional Insured." The
contractor shall similarly submit his subcontractor's certificates of insurance in the amounts for
approval before each commences work. The contractor shall carry or require that there be
Workmen's Compensation Insurance for all his employees and those of his subcontractors
engaged in work at the site, in accordance with State Workmen's Compensation Laws.
d. In case the successful Bidder shall fail or refuse to enter into the Contract and furnish the
required bonds, his bid security may be retained by said City as agreed upon liquidated
damages.
15. BIDDER STATUS
Attention of bidders is called to the requirement of complying with the provisions of the Resident
Bidder/Non-Resident Bidder requirement.
Each bidder submitting a bid shall execute and include with the bid, a Bidder Status Form in the form
herein provided. Failure to submit a fully completed Bidder Status Form with the bid may result in the
bid being deemed nonresponsive and rejected.
FORM OF BID CONRACT NO. 1080 Page 1 of 3
FORM OF BID OR PROPOSAL
FY 2023 CONSTRUCTION OF A FIBER-TO-THE-PREMISE
FEEDER/DISTRIBUTION AND BACKBONE NETWORK
PROJECTCONTRACT NO. 1080
CITY OF WATERLOO, IOWA
Honorable Mayor and City Council Waterloo, Iowa
Gentlemen:
The undersigned, being a Corporation existing under the laws of the State of , a Partnership
consisting of the following partners: , having familiarized (himself) (themselves)
(itself) with the existing conditions on the project area affecting the cost of the work, and with all the contract
documents listed in the Table of Contents and Addenda (if any), as prepared by Magellan Advisors for the
City of Waterloo now on file in the office of the City Clerk, City Hall, Waterloo, Iowa, hereby proposes to
furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and
services, including utility and transportation services required to construct and complete this F.Y. 2023
CONSTRUCTION OF A FIBER-TO-THE-PREMISE FEEDER/DISTRIBUTION AND BACKBONE
NETWORK PROJECT, Contract No. 1080, all in accordance with the above-listed documents and for the
unit prices for work in place for the following items and quantities contained in Attachment B. The contractor
shall submit a copy of Attachment B as part of their bid.
FY 2023 CONSTRUCTION OF A FIBER-TO-THE-PREMISE FEEDER/DISTRIBUTION AND
BACKBONE NETWORK PROJECT CONTRACT NO. 1080
Description Total Cost
DIVISION 1 WORK - FTTP
DIVISION 1 total price
DIVISION 2 WORK – Backbone (subject to
removal based on federal funding decision)
DIVISION 2 total price
Contract Sum (DIVISION 1 + DIVISION 2)
1. It is understood that the quantities set forth are approximate only and subject to variation and that the
unit bid price for the work done shall govern in the actual payment to Contractor.
2. In submitting this bid, the bidder understands that the right is reserved by the City of Waterloo, Iowa,
to reject any or all bids. The undersigned agrees to execute and deliver an agreement in the
FORM OF BID CONRACT NO. 1080 Page 2 of 3
prescribed form and furnish the required bond and certificate of the insurance within ten (10) days
after the agreement is presented to him for signature and start work within five (5) days after "Notice
to Proceed" is issued.
3. Security in the sum of Dollars
($ ) in the form of , is submitted herewith in accordance with the INSTRUCTIONS TO
BIDDERS.
4. Attached hereto is a Non-Collusion Affidavit of Prime Contractor.
5. Attached hereto is a Bidder Status Form.
6. The bidder is prepared to submit a financial and experience statement upon request.
7. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 in
work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC,
within ten (10) days of notification that the bid submitted acceptable.
8. The bidder has received the following Addendum or Addenda:
9. Addendum No. Date
10. The bidder shall list the MBE/WBE subcontractor(s), number of subcontracts and bid items on the
City of Waterloo Minority and/or Women Business Pre-bid Contact Information Form submitted with
this Form of Bid or Proposal. The apparent low Bidder shall submit a list of all other Subcontractor(s)
to be used on this Project to the City of Waterloo by 5:00 p.m. the business day following the day
Bids on this Project are due along with the Non-Collusion Affidavits of All Subcontractor(s).
11. The Contractor shall provide a State of Iowa Contractor Registration Number for all their employees
and those of their subcontractors engaged in work at the site, in accordance with State Laws. No bids
will be awarded until then Contractor and subcontractors have been confirmed with seven (7) days
after the bid opening.
12. The Contractor shall submit information on subcontractors on “SUBCONTRACTOR REQUEST AND
APPROVAL” Form to be provided by City prior to approval of contract. The Contractor shall note use
more than 50% subcontractor labor during any portion of the project unless pre-approved by the City.
13. The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer
cannot be changed except for the following reasons:
a. The City of Waterloo does not approve the subcontractors.
b. The subcontractors submit in writing that they cannot fulfill their subcontracts.
14. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or
"NA".
15. The bidder has attached all applicable forms.
16. This bid includes a fiber-to-the-premise and fiber backbone projects as outlined below:
1) Fiber to the Premise (FTTP): the FTTP network will pass all residents and businesses of
Waterloo. The FTTP network includes 390.54-miles of underground construction to pass
FORM OF BID CONRACT NO. 1080 Page 3 of 3
roughly 29,400 premises throughout the City of Waterloo.
2) Fiber Backbone: the backbone includes 115.80-miles of underground construction along major
city corridors and key commercial areas connecting hundreds of City, traffic and utility sites, and
facilities.
Phasing/Work Order Plans:
Phase 1 Fire Station 6 (“Backbone and Laterals”) is an area consisting of approximately 38.99
miles of underground backbone and distribution fiber covering the South area of Waterloo, to
connect 116 city facilities. Phase will be broken into multiple work orders.
o Phase IA is a 191.81-mile underground fiber connection from Fire Station 6 Point
of Presence (PoP) location extending out to the City of Waterloo service area.
Phase 2 Linden Tower (“Backbone and Laterals”) is an area consisting of approximately 42.57
miles of underground backbone and distribution fiber covering the Northeastern area of
Waterloo, to connect 76 city facilities. Phase will be broken into multiple work orders.
o Phase 2A is a 98.58-mile underground fiber connection from Linden Tower Point
of Presence (PoP) location extending out to the City of Waterloo service area.
Phase 3 Fletcher Lift Station (“Backbone and Laterals”) is an area consisting of approximately
34.24 miles of underground backbone and distribution fiber covering the Northwestern area
of Waterloo, to connect 167 city facilities. Phase will be broken into multiple work orders.
o Phase 3A is a 100.15-mile underground fiber connection from Fletcher Lift Station
Point of Presence (PoP) location extending out to the City of Waterloo service
area.
City intends the Network to serve as a development platform for innovation, next generation
application development, workforce development, and job creation, and to provide an overall better
quality of life throughout the Service Area.
The City has active grant applications into federal funding agencies for portions of the
backbone only (Division 2 work). In the event of a grant award, the City reserves the right
to remove the Division 2 work from the Contract, with a reduction in fee to the Contractor
equivalent to the bid price associated with the Division 2 work. The City anticipates that a
decision regarding the Division 2 work will be made on or before June 1, 2023.
BY:
(Name of Bidder) (Title) (Date)
Official Address: (Including Zip Code):
I.R.S. No.
BID BOND
Sample Bid Bond Form
KNOW ALL BY THESE PRESENTS:
That we, , as Principal, and
, as Surety, are held and
firmly bound unto , as
Obligee, (hereinafter referred to as “the Jurisdiction”), in the penal sum of
dollars ($ ), or _______ percent of the
amount bid in lawful money of the United States, for which payment said Principal and Surety bind
themselves, their heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these
presents.
The condition of the above obligation is such that whereas the Principal has submitted to the Jurisdiction a
certain proposal, in a separate envelope, and hereby made a part hereof, to enter into a contract in writing, for
the following described improvements;
CONSTRUCTION OF A FIBER-TO-THE-PREMISE FEEDER/DISTRIBUTION AND BACKBONE
NETWORK PROJECT, CONTRACT NO.1080
The improvement includes the construction of the necessary components to create the high -speed FTTP
XGS-PON communications Network (the Project) within the City’s defined Service Area and prepare it
to deliver backbone and fiber-to-the-home services. The system shall be a fully operational high-speed
communications network supporting Internet protocol technology and allowing users access to and from
the Internet. The Project requires the construction of a Fiber to the Premise feeder/distribution and a
backbone network which will support XGS-PON technologies to be utilized to deliver best-effort and
guaranteed services to its customers within the City Service Area.
The design identifies the placement of FDH’s located at the City data center and network PoP’s. These
locations will also house active electronics and splitters in support of the FTTP deployment. Fiber routes
to be built by contractor and operated by the City and the Waterloo Telecommunications Utility will be
utilized to interconnect these FDHs in a fiber ring topology.
Fiber routes are laid out logically to economically connect each service area back to the local cabinet
located at the headend or alternate node site. Architecture is a star design for the feeder network and a ring
connecting network nodes.
The Project will be located at various locations throughout the City.
The City has active grant applications into federal funding agencies for portions of the backbone only
(Division 2 work). In the event of a grant award, the City reserves the right to remove the Division 2
work from the Contract, with a reduction in fee to the Contractor equivalent to the bid price
associated with the Division 2 work. The City anticipates that a decision regarding the Division 2
work will be made on or before June 1, 2023.
(CONT. BID BOND) Project Name
The Surety hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way
impaired or affected by any extension of the time within which the Jurisdiction may accept such bid or execute
such Contract; and said Surety does hereby waive notice of any such extension.
In the event that any actions or proceedings are initiated with respect to this Bond, the parties agree that the
venue thereof shall be County, State of Iowa. If legal action is required by the
Jurisdiction against the Surety or Principal to enforce the provisions of the bond or to collect the monetary
obligation incurring to the benefit of the Jurisdiction, the Surety or Principal agrees to pay the Jurisdiction all
damages, costs, and attorney fees incurred by enforcing any of the provisions of this Bond. All rights, powers,
and remedies of the Jurisdiction hereunder shall be cumulative and not alternative and shall be in addition to
all rights, powers and remedies given to the Jurisdiction, by law. The Jurisdiction may proceed against Surety
for any amount guaranteed hereunder whether action is brought against Principal or whether Principal is
joined in any such action or actions or not.
NOW, THEREFORE, if said proposal by the Principal be accepted, and the Principal shall enter into a contract
with Jurisdiction in accordance with the terms of such proposal, including the provision of insurance and of a
bond as may be specified in the contract documents, with good and sufficient surety for the faithful
performance of such contract, for the prompt payment of labor and material furnished in the prosecution
thereof, and for the maintenance of said improvements as may be required therein, then
this obligation shall become null and void; otherwise, the Principal shall pay to the Jurisdiction the full amount
of the bid bond, together with court costs, attorney’s fees, and any other expense of recovery.
Signed and sealed this day of , 20 .
SURETY: PRINCIPAL:
Surety Company Bidder
By By
Signature Attorney-in-Fact/Officer Signature
Printed Name of Attorney-in-Fact/Officer Printed Name
Company Name Title
Company Address Address
City, State, Zip Code City, State, Zip Code
Company Telephone Number Telephone Number
NOTE: All signatures on this bid bond must be original signatures in ink; copies, facsimile, or electronic
signatures will not be accepted. This bond must be sealed with the Surety’s raised, embossing seal. The
Certificate or Power of Attorney accompanying this bond must be valid on its face and sealed with the Surety’s
raised, embossing seal.
NON-COLLUSION AFFIDAVIT OF PRIME BIDDER
State of )
County of )
) ss:
, being first duly sworn, deposes and says
that:
1. He is (Owner, Partner, Officer, Representative, or Agent) , of , the Bidder
that has submitted the attached Bid;
2. He is fully-informed respecting the preparation and contents of the attached Bid and of all pertinent
circumstances respecting such Bid;
3. Such Bid is genuine and is not a collusive or sham Bid:
4. Neither the said Bidder nor any of its officers, partners, o wners, agents, representatives, employees,
or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed,
directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in
connection with the Contract for which the attached Bid has been submitted or to refrain from bidding
in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or
collusion or communication or conference with any other Bidder, firm or person to fix the price or prices
in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price
or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivanc e, or
unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in
the Proposed Contract; and
5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its
agents, representatives, owners, employees, or parties in interest, including this affiant.
(Signed)
Title
Subscribed and sworn to before me this day of , 20 .
Title
My commission expires .
NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR
State of )
County of )
) ss:
, being first duly sworn, deposes and says that:
1. He is (Owner, Partner, Officer, Representative, or Agent) , of
hereinafter referred to as the "Subcontractor;"
2. He is fully informed respecting the preparation and contents of the subcontractor's proposal
submitted by the subcontractor to , contract pertaining to the
project
in ;
(City or County and State)
3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal ;
4. Neither the subcontractor nor any of its officers, partners, owners, agents, representatives,
employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived,
or agreed, directly or indirectly, with any other bidder, firm or person to submit a collusive or sham
proposal in connection with such contract or to refrain from submitting a proposal in connection with
such contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivanc e
with any other bidder, firm or person to fix the price or prices in said subcontractor's proposal, or to
fix any overhead, profit or cost element of the price of prices in said subcontractor's proposal, or to
secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the
City of Waterloo, Iowa, or any person interested in the proposed contract; and
5. The price or prices quoted in the subcontractor's proposal are fair and proper and are not tainted
by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any
of its agents, representatives, owners, employees, or parties in interest, including this affiant.
(Signed)
Title
Subscribed and sworn to before me this day of , 20 .
Title
My commission expires .
EQUAL OPPORTUNITY CLAUSE
(As provided in Executive Order No. 11246)
All contractors, subcontractors, vendors and suppliers of goods and services doing business with
the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually
agree as f o l l o w s :
1. The contractors, subcontractor, vendor and supplier of goods and services will not discriminate
against any employee or applicant for employment because of race, color, creed, sex, national
origin, economic status, age, mental or physical handicap, political opinions, or affiliations. The
contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to ensure that
applicants are employed and that employees are treated during employment without regard to their race,
creed, color, sex, national origin, religion, ec onomic status, age, mental or physical disability, political
opinions or affiliations. Such actions shall include but not be limited to the following:
a. Employment
b. Upgrading
c. Demotion or Transfer
d. Recruitment and Advertising
e. Layoff or Termination
f. Rates of Pay or Other Forms of Compensation
g. Selection for Training Including Apprenticeship
2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or
advertisements for employees, state that all qualified applicants will receive consideration for
employment without regard to race, creed, color, sex, national origin, religion, economic status,
age, mental or physical disabilities, political opinion or affiliations.
3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative
will send to each labor union or representative of workers which he/she has a collective bargaining
agreement or other contract or understanding, a notice advising said labor union or workers'
representative of the contractor's commitment under this section.
4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all
published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program
Contract Compliance Provisions.
5. The contractor, subcontractor, vendor and supplier of goods and services will furnish and file
compliance reports within such time and upon such forms as provided by the Affirmative Action
Officer. Said forms will elicit information as to the policies, procedures, patterns, and practices of
each subcontractor as well as the contractor himself/herself and said contractor, subcontractor,
vendor and supplier will permit access to his/her employment books, records and accounts to the
City's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this
contract and with rules and regulations of the City's Affirmative Action Program —Contract
Compliance Provisions relative to Resolution No. 24664.
6. In the event of the contractor's non-compliance with the non-discrimination clauses of this contract
or with any of such rules, regulations and orders, this contract may be canceled, terminated or
suspended in whole or in part and the contractor may be declared ineligible for further contracts in
accordance with procedures authorized by the City Council.
7. The contractor, subcontractor, vendor and supplier of goods and services will include, or
incorporate by reference, the provisions of the non-discrimination clause in every contract,
subcontract or purchase order unless exempted by the rules, regulations or orders of the City's
Affirmative Action Program, and will provide in every subcontract, or purchase order that said
provisions will be binding upon each contractor, subcontractor, or supplier.
8. We, the undersigned, recognize that we are morally and legally committed to non-discrimination in
employment. Any person who applies for employment with our company will not be discriminated
against because of race, creed, color, sex, national origin, economic status, age, mental or physical
disabilities.
(Signed)
(Appropriate Official)
(Title) (Date)
TITLE VI CIVIL RIGHTS
During the performance of this contract, the contractor (for itself), its assignees, and
successors in interest (hereinafter referred to as the “contractor”) agrees as follows:
1. Compliance with Regulations: The contractor shall comply with the Regulations
relative to non-discrimination in Federally assisted programs of the DOT Title 49,
Code of Federal Regulations, Part 21, as they may be amended from time to
time, (hereinafter referred to as the Regulations), which are herein incorporated
by reference and made a part of this contract.
2. Nondiscrimination: The contractor, with regard to the work performed by it during the
contract, shall not discriminate on the grounds of race, color, national origin, sex, age,
or disability in the selection and retention of subcontractors, including procurement of
materials and leases of equipment. The contractor shall not participate either directly
or indirectly in the discrimination prohibited by section 21.5 of the Regulations,
including employment practices when the contract covers a program set forth in
Appendix B of the Regulations.
3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment:
In all solicitations either by competitive bidding or negotiation made by the
contractor for work to be performed under a subcontract, including procurement
of materials or leases of equipment, each potential subcontractor or supplier shall
be notified by the contractor of the contractor’s obligations under this contract and
the Regulations relative to non- discrimination on the grounds of race, color,
national origin, sex, age, or disability.
4. Information and Reports: The contractor shall provide all information and reports
required by the Regulations or directives issued pursuant there to, and shall allow
access to its books, records, accounts, other sources of information, and its
facilities as may be determined by the Contracting Authority, the Iowa DOT, or
FHWA to be pertinent to ascertain compliance with such Regulations, orders and
instructions. Where any information required of a contractor is in the exclusive
possession of another who fails or refuses to furnish this information the contractor
shall so certify to the Contracting Authority, the Iowa DOT, or the FHWA as
appropriate, and shall set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the contractor’s noncompliance with
the nondiscrimination provisions of this contract, the Contracting Authority, the
Iowa DOT, or the FHWA shall impose such contract sanctions as they may
determine to be appropriate, including, but not limited to:
a. Withholding of payments to the contractor under the contract until the
contractor complies, and/or
b. Cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions: The contractor shall include the provisions of
paragraphs (1) through (6) in every subcontract, including procurement of
materials and leases of equipment, unless exempt by the Regulations, or
directives issued pursuant thereto. The contractor shall take such action with
respect to any subcontract or procurement as the Contracting Authority, the Iowa
DOT, or the FHWA may direct as a means of enforcing such provisions including
sanctions for non-compliance: Provided, however,
that, in the event of a contractor becomes involved in, or it threatened with litigation
with a subcontractor or supplier as a result of such direction, the contractor may
request the Contracting Authority or the Iowa DOT to enter into such litigation to
protect the interests of the Contracting Authority or the Iowa DOT; and, in addition,
the contractor may request the United States to enter into such litigation to protect
the interest of the United States.
BIDDER STATUS FORM
o To be completed by all bidders
Please answer “Yes” or “No” for each of the following:
PART A
Yes No
Yes No
Yes No
Yes No
Yes No
My company is authorized to transact business in Iowa.
(To help you determine if your company is authorized, please review the worksheet on the next page).
My company has an office to transact business in Iowa.
My company’s office in Iowa is suitable for more than receiving mail, telephone calls, and e-mail.
My company has been conducting business in Iowa for at least 3 years prior to the first request for
bids on this project.
My company is not a subsidiary of another business entity, or my company is a subsidiary of
another business entity that would qualify as a resident bidder in Iowa.
If you answered “Yes” for each question above, your company qualifies as a resident bidder. Please
complete Parts B and D of this form.
If you answered “No” to one or more questions above, your company is a nonresident bidder. Please
complete Parts C and D of this form.
o To be completed by resident bidders
My company has maintained offices in Iowa during the past 3 years at the following addresses:
PART B
Dates: / / to / / Address:
City, State, Zip:
Dates: / / to / / Address:
City, State, Zip:
Dates: / / to / / Address:
You may attach additional sheet(s) if needed.
o To be completed by non-resident bidders
City, State, Zip:
PART C
1. Name of home state or foreign country reported to the Iowa Secretary of State:
2. Does your company’s home state or foreign country offer preferences to resident bidders, resident labor
force preferences or any other type of preference to bidders or laborers?
3. If you answered “Yes” to question 2, identify each preference offered by your company’s home
state or foreign country and the appropriate legal citation.
Yes No
o To be completed by all bidders
You may attach additional sheet(s) if needed.
PART D
I certify that the statements made on this document are true and complete to the best of my knowledge and I know that my
failure to provide accurate and truthful information may be a reason to reject my bid.
Firm Name:
Signature: Date:
You must submit the completed form to the governmental body requesting bids per 875 Iowa Administrative Code
Chapter 156. This form has been approved by the Iowa Labor Commissioner
WORKSHEET: AUTHORIZATION TO TRANSACT BUSINESS
This worksheet may be used to help complete Part A of the Resident Bidder Status form. If at least one of the following
describes your business, you are authorized to transact business in Iowa.
Yes No
Yes No
Yes No
Yes No
Yes No
My business is currently registered as a contractor with the Iowa Division of Labor.
My business is a sole proprietorship, and I am an Iowa resident for Iowa income tax purposes.
My business is a general partnership or joint venture. More than 50 percent of the general
partners or joint venture parties are residents of Iowa for Iowa income tax purposes.
My business is an active corporation with the Iowa Secretary of State and has paid all fees
required by the Secretary of State, has filed its most recent biennial report, and has not filed
articles of dissolution.
My business is a corporation whose articles of incorporation are filed in a state other than Iowa,
the corporation has received a certificate of authority from the Iowa secretary of state, has filed
its most recent biennial report with the secretary of state, and has neither received a certificate of
withdrawal from the secretary of state nor had its authority revoked.
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
My business is a limited liability partnership which has filed a statement of qualification in this
state and the statement have not been canceled.
My business is a limited liability partnership which has filed a statement of qualification in a
state other than Iowa, has filed a statement of foreign qualification in Iowa and a stat ement of
cancellation has not been filed.
My business is a limited partnership or limited liability limited partnership which has filed a
certificate of limited partnership in this state and has not filed a statement of termination.
My business is a limited partnership or a limited liability limited partnership whose certificate of
limited partnership is filed in a state other than Iowa, the limited partnership or limited liability
limited partnership has received notification from the Iowa secretary of state that the application
for certificate of authority has been approved and no notice of cancellation has been filed by the
limited partnership or the limited liability limited partnership.
My business is a limited liability company whose certificate of organization is filed in Iowa and has
not filed a statement of termination.
My business is a limited liability company whose certificate of organization is filed in a state other
than Iowa, has received a certificate of authority to transact business in Iowa and the certificate
has not been revoked or canceled.
309-6001 (09-15)
AFFIRMATIVE ACTION PROGRAM Page 1 of 8
Revised February
2003
CONTRACTOR’S OR SUBCONTRACTOR’S AFFIRMATIVE ACTION PROGRAM
Check box that applies to party completing program:
( ) General Contractor
( ) Subcontractor
I. Section A to be completed by GENERAL CONTRACTORS only:
A.
Name of Company
Address of Company Zip
Telephone Number ( )
Federal ID Number (if no Federal ID Number, Owner/President’s Social Security Number)
Name of Equal Employment Officer
Name of Project
Project Contract Number
Estimated Construction Work Dates /
Start Finish
Section B to be completed by SUBCONTRACTORS only:
B.
Name of General or Prime Contractor
Name of Subcontractor
Subcontractor’s Address Zip
Subcontractor’s Telephone Number ( )
Subcontractor’s Federal ID Number (if no Federal ID Number Owner/President’s Social Security
Number)
Name of Equal Employment Officer
AFFIRMATIVE ACTION PROGRAM Page 2 of 8
A. Remainder of program to be completed by party completing program, either Prime or Subcontractor.
1. The Owners and/or Principals of your company:
Ethnic
Name Address Position Sex Origin
2. Other Areas of Interest:
If your company has branches or subsidiaries, or if your company is a branch or subsidiary of
a parent organization, give the following information:
Type of
Name Address Affiliation Degree
II. EMPLOYER’S POLICY (Please read carefully.)
A. We, the undersigned, recognize that we are morally and legally committed to nondiscrimination
in employment. Any person who applies for employment with our company will not be
discriminated against because of race, color, creed, sex, national origin, economic status, age,
mental or physical handicap.
B. The employment policies and practices of the undersigned are to recruit and hire employees
without discrimination, and to treat them equally with respect to compensation and opportunities
for advancement, including training, upgrading, promotion, and transfer. However, we realize
the inequities associated with employment training, upgrading, contracting and subcontracting
for minorities and women and we will direct our efforts to correcting any deficiencies to the
maximum extent possible. The same will be required of our SUBCONTRACTORS and
suppliers.
C. We submit this program to assure compliance with Executive Order 11246, as amended, and
other subsequent orders that may pertain to equal employment opportunity and merit
employment policies, fully realizing that our qualification and/or merit system should be
evaluated and revised, if necessary.
D. We agree to put forth the maximum effort to achieve full employment and utilization of
capabilities and productivity of all our citizens without regard to race, creed, color, sex, national
origin, economic status, age, and mental or physical handicap.
E. will give training
(Name of Company)
and employment opportunities to local residents of Waterloo, Iowa, to the greatest extent
feasible.
AFFIRMATIVE ACTION PROGRAM Page 3 of 8
III. AFFIRMATIVE ACTION
A. recognizes that the effective application of a
policy of (Name of Company)
merit employment involves more than just a policy statement, and
(Name of Company)
will, therefore, re-evaluate our Affirmative Action Program to ensure that equal employment
opportunities are available on the basis of individual merit, and to actively encourage minorities,
women and local residents to seek employment with our company on this basis.
B. will undertake the following six (6) steps to
improve (Name of Company)
our Affirmative Action Program:
1. Minority Recruitment and Employment;
2. Local Recruitment and Employment;
3. Disabled Veteran and Vietnam Era Veteran Recruitment and Employment;
4. Handicapped Recruitment and Employment;
5. Female Recruitment and Employment; and
6. Training, Upgrading and Promotional Opportunities.
C. will take whatever steps are
necessary to (Name of Company)
ensure that our total work force has adequate minority, female, and local representation. We
will utilize the following methods in our recruitment attempts:
1. Local advertising media (newspapers, radio, TV);
2. Community organizations (churches, clubs, schools);
3. Public and private institutions in the area (UNI, Hawkeye Community College);
4. Job Service of Iowa; and
5. Other.
D. will seek qualified minority, female, and local group
applicants (Name of Company )
for all job categories and will make asserted e fforts to increase minority, female and group
representation in occupations at the higher levels or skill and responsibility.
E. All sources of employment used shall be aware that we are an Equal Employment Opportunity
Employer. Labor organizations representing our employees will be notified of our Equal
Employment Opportunity Policy and Affirmative Action Program.
F. Training, upgrading, promotion and transfer activities at all levels will be monitored to ensure
that full consideration has been given to qualified minority, female, and local group
employees.
G. will encourage other companies, with whom we
are (Name of Company)
associated and/or do business, to do the same and we will assist them in their efforts.
AFFIRMATIVE ACTION PROGRAM Page 4 of 8
H. has taken the following Affirmative Action to ensure that
(Name of Company)
minority, female, local contractors and/or suppliers were provided opportunities to negotiate and/or
bid on this project: (if none, write "NONE")
1.
2.
I. As a result of the above efforts, we have involved minority, female, and local contractors
and/or suppliers in the following areas of subcontracting: (if none, write "NONE")
1.
2.
J. will require approved Affirmative Action Programs
from (Name of Company )
all nonexempt contractors who propose to work on this project and will take whatever steps are
necessary to ensure that non-minority contractors have adequate representation of minority,
female and local persons in their total work force.
K. In further accordance with rules and guidelines issued pursuant to Executive Order 11246
as amended, we establish the goals for our company, based on parity percentages supplied
by the City, and we realize these goals will be reviewed on an annual basis.
L. will keep records of specific actions relative
to (Name of Company)
recruitment, employment, training, upgrading and promotion and will provide the City of Waterloo
with any information relative to same, including activities of our SUBCONTRACTORS and suppliers
as necessary or when requested.
M. Parity figures for companies located in Waterloo are as
follows: Minority Parity = .08 (8%)
N.
(Name of Company)
Affirmative Action Employment Goals:
The definition of Affirmative Action Goals is as follows: "Goals may not be rigid and i nflexible quotas
which must be met, but must be targets, reasonably attainable by means of applying every good faith
effort to make all aspects of the entire Affirmative Action Program work."
For the year 2023, please submit percentage targets for employing minorities and women. If you
already have reached your target for hiring minorities and women, please submit that
percentage.
*Goals for Minorities: % Goals
for Women: %
*Your affirmative action goals should be between 1% and 10% or more for minorities and 1% and
5% or more for women.
AFFIRMATIVE ACTION PROGRAM Page 5 of 8
Please be advised that the goals or targets are purely your estimation of how many women
and minorities your company can reasonably expect to hire in 2023. Note, that none of the
goals are rigid or inflexible. They are targets that your company calculates as reasonably
attainable. This will help the City in its monitoring procedures as required by City of Waterloo
Resolution No. 1984- 142(4).
CONTRACTOR’S TOTAL WORK
FORCE (WATERLOO)
NAME AND ADDRESS
JOB CATEG ORY
RACE
SEX
HOURLY
WAGE
INDICATE: DISABLED VETERAN: DV
VIETNAM ERA VETERAN: VV
HANDICAPPED: H
AFFIRMATIVE ACTION PROGRAM Page 6 of 8
We hereby certify that we are in compliance with all City and Federal Affirmative Action Regulations and agree
to accept all liability for failure to comply.
Respectfully submitted,
By:
Company Executive
Date
By:
Equal Employment
Opportunity Officer
Date
City of Waterloo Affirmative Action Officer
Approved
Disapproved Reason:
By:
Date:
AFFIRMATIVE ACTION PROGRAM Page 7 of 8
DESCRIPTION OF JOB CATEGORIES
1. Officials/Manager: Occupations in which employees set broad policies, exercise overall
responsibility for execution of all policies, or direct individual departments or special phases of the
agency’s operations or provide specialized consultation on a regional, district or area basis.
Includes: department heads, bureau chiefs, division chiefs, directors, deputy directors, controllers,
examiners, wardens, superintendents, unit supervisors, sheriffs, police and fire chiefs and
inspectors and kindred workers.
2. Professionals: Occupations, which require specialized and theoretical knowledge, which is usually
required through college training or thorough work experience and other training which provides
comparable knowledge. Includes: personnel and labor relations workers, social workers, doctors,
psychologists, registered nurses, economists, dietitians, lawyers, system analysts, accountants,
engineers, employment and vocational rehabilitation counselors, teachers or instructors, police
and fire captains and lieutenants and kindred workers.
3. Technicians: Occupations, which require a combination of basic scientific or technical knowledge
and manual skill which can be obtained through specialized post-secondary school education and
through equivalent on-the-job training. Includes: computer programmers and operations,
draftspersons, surveyors, licensed practical nurses, photographs, radio operators, technical
illustrators, police and fire sergeants and kindred workers.
4. Office/Clerical: Workers are responsible for internal and external communication, recording and
retrieval of data and/or information and other paperwork required in an office. Includes:
bookkeepers, messengers, office machine operators, clerk-typists, stenographers, court
transcribers, hearing reporters, statistical clerks, dispatchers, license distributors, payroll clerks
and kindred workers.
5. Skilled Craft Workers: Workers perform jobs, which require special manual skill and a thorough
and comprehensive knowledge of the processes involved in the work, which is acquired through
on-the-job training programs. Includes: Mechanics and repairmen, electricians, heavy equipment
operators, stationary engineers, skilled machine occupations, carpenters, compositors and
typesetters and kindred workers .
6. Sales Workers: Occupations engaging wholly and primarily in direct selling. Includes: advertising
agents and salesmen, insurance agents and brokers, real estate agents and brokers, stock and
bond salesmen, demonstrators, salesmen and salesclerks, grocery clerks and cashier checkers,
and kindred workers.
7. Operatives (semi-skilled): Workers who operate machine or processing equipment or perform
other factory-type duties of intermediate skill level which can be mastered in a few weeks and
require only limited training. Includes: apprentices (auto mechanics), plumbers, building trades,
metal working trades, bricklayers, carpenters, electricians, machinists, mechanics, printing trades,
etc., operatives, attendants (auto service and parking), plasterers, chauffeurs, delivery men and
furnacemen, heaters (metal), laundry and dry cleaning operatives, milliners, mine operatives and
laborers, motormen, oilers and greasers, (except auto painters), (except construction and
maintenance), photographic process workers, stationary fireman, truck and tractor drivers,
weavers, (textile), welders and flame cutters and kindred workers.
8. Laborers (unskilled): Workers in manual occupations, which generally require no special training.
Perform elementary duties that may be learned in few days and require the application of little or
no independent judgment. Includes: garage laborers, car washers and greasers, gardeners
AFFIRMATIVE ACTION PROGRAM Page 8 of 8
(except farm) and groundskeepers, longshoremen, and stevedores, lumbermen, raftsmen and
woodchoppers, laborers performing lifting, digging, mixing, loading, and pulling operations and
kindred workers.
9. Apprentices: Persons employed in a program including work training and related instruction to
learn a trade or craft which is traditionally an apprenticeship, regardless of whether the program is
registered with a Federal or State agency .
10. Trainees (on-the-job): Production. . . persons in formal training for craftsmen when not trained
under apprentice programs--operative laborer, and service occupations.
White Collar. . . persons engaged in formal training for clerical, managerial, professional, technical,
sales, office, and clerical occupations.
ITEMS OF POTENTIAL M BE/WBE PARTICIPATION
NOTICE TO PROSPECTIVE BIDDERS:
The following are items from the FY 2023 CONSTRUCTION OF A FIBER-TO-THE-PREMISE
FEEDER/DISTRIBUTION AND BACKBONE NETWROK PROJECT, Contract No. 1080, that have a
potential for MBE/WBE Participation. This listing, however, is not intended to be all encompassing; to
preclude MBE/WBE Contractors from bidding on any items of the Proposal as a Subcontractor or the entire
Proposal as a Prime Contractor.
Item # Description Unit Estimated
Quantity
UNDERGROUND - BURIED
1 Directional Bore (0) 1" and (0) 2" and (2) 1.25" LF 121,441
2 Directional Bore (0) 1" and (0) 2" and (3) 1.25" LF 176,553
3 Directional Bore (0) 1" and (1) 2" and (0) 1.25" LF 97,818
4 Directional Bore (0) 1" and (1) 2" and (2) 1.25" LF 14,988
5 Directional Bore (0) 1" and (1) 2" and (3) 1.25" LF 9,456
6 Directional Bore (0) 1" and (2) 2" and (0) 1.25" LF 21,964
7 Directional Bore (0) 1" and (2) 2" and (2) 1.25" LF 3,958
8 Directional Bore (0) 1" and (2) 2" and (3) 1.25" LF 1,311
9 Directional Bore (0) 1" and (3) 2" and (0) 1.25" LF 3,687
10 Directional Bore (0) 1" and (4) 2" and (0) 1.25" LF 323
11 Directional Bore (1) 1" and (0) 2" and (0) 1.25" LF 1,947,230
12 Directional Bore (2) 1" and (2) 2" and (3) 1.25" LF 26
13 Directional Bore (1) 1" and (0) 2" and (2) 1.25" LF 114,250
14 Directional Bore (1) 1" and (0) 2" and (3) 1.25" LF 138,648
15 Directional Bore (1) 1" and (0) 2" and (4) 1.25" LF 626
16 Directional Bore (1) 1" and (1) 2" and (0) 1.25" LF 103,717
17 Directional Bore (1) 1" and (1) 2" and (2) 1.25" LF 9,828
18 Directional Bore (1) 1" and (1) 2" and (3) 1.25" LF 1,017
19 Directional Bore (1) 1" and (2) 2" and (0) 1.25" LF 4,741
20 Directional Bore (1) 1" and (2) 2" and (3) 1.25" LF 389
21 Directional Bore (2) 1" and (0) 2" and (0) 1.25" LF 58
22 Directional Bore (0) 1" and (0) 2" and (4) 1.25" LF 130
23 Directional Bore (2) 1" and (1) 2" and (0) 1.25" LF 59
28 Bore 6” Casing (Steel) LF 7
29 Bore 6” Casing (PVC) LF 7
30 Bore 8” Casing (Steel) LF 21,976
31 Bore 8” Casing (PVC) LF 7
32 Deep Bore - Water Crossing LF 2,000
33 Install Muletape in New Conduit FT 4,151,524
36 Install #12 AWG Insulated Tracer Wire LF 2,605,040
37 Install 5/8"x8' Copper Clad Ground Rod EA 1,306
38 Install 3.5" Dia PVC Round Marker Posts with Orange Dome Top EA 6,873
39 Install 3.5" Dia PVC Round Marker Posts with Orange Dome Top
with Test Station EA 2,292
46 Installation, Underground Fiber Cable - Including Slack (All other
fiber) LF 3,825,137
48 Installation, Pedestal EA 11,631
50 Installation, Small Vault, 17” x 30” EA 52
51 Installation, Vault 24" x 36" EA 4,253
52 Installation, Large Vault 30" x 48" EA 134
53 Installation, Extra Large Vault 48" x 60" EA 150
57 Sawcut, Remove and Replace Asphalt 6" Thick SqrFt 20,868
58 Sawcut, Remove and Replace Concrete 6" Thick SqrFt 20,868
60 Sawcut, Remove and Replace Asphalt 8" Thick SqrFt 20,868
61 Sawcut, Remove and Replace Concrete 8" Thick SqrFt 20,868
62 Sawcut, Remove and Replace Asphalt 10" Thick SqrFt 20,868
63 Sawcut, Remove and Replace Concrete 10" Thick SqrFt 20,868
127 Install New Splice Case & Prep Cable EA 3,826
130 Splicing, Fusion, Single Fiber EA 109,662
131 Splicing Fusion, Single fiber Pigtail at panel EA 9,834
133 Testing, OTDR, Uni-Directional, Power Meter Testing EA 39,312
134 Testing, OTDR, Bi-Directional, Power Meter Testing EA 9,834
138 Prep cable in PED for NAP EA 11,631
146 Install Pad mounted FDH Splitter Cabinet + Site prep and Prefab
Vault EA 136
148 Install rack mounted patch panel (Any Size) and tails EA 177
149 Install Wall Mount Fiber Enclosure EA 177
150 Install 7ft Rack for patch panels EA 2
161 Pull fiber through building FT 35,300
162 Install 2" Electric Metal Tubing (EMT) LF 1,765
163 4" Core Bore EA 353
164 2" Building Riser with LB - Up to 10' EA 353
MBE/WBE GOALS FOR THIS PROJECT
IMPORTANT: Prime Contract Bidders should be aware that ten percent (10%) MBE goal and a two percent
(2%) WBE goal is attached to this project. "Certified Return Receipt" letters are no longer needed with the
bid showing proof of contacting MBE or WBE Subcontractors, but the Pre-Bid Contact Information Form
must be filled out completely.
City of Waterloo Contract Compliance Officer:
Contract Compliance
Officer Community
Development Board
Carnegie Annex, Suite 202
620 Mulberry Street
Waterloo, IA 50703
Phone: (319) 291-4429
SUBCONTRACTOR’S BID REQUEST FORM
PRIME BIDDER’S LETTERHEAD
Contract No.:
Letting Date:
I, (subcontractor’s name), hereby attest that I have been solicited for a bid on (project name) in the
area of (description of work and bid item no.).
(Prime contractor) has informed me that if I am interested in bidding, a subcontracting bid
proposal must be submitted to the company office by and
(Date) (Time).
Subcontractor’s Company Name
Subcontractor’s Signature Date
Prime Bidder’s Signature Date
LETTER TO BE USED WHEN SOLICITING FOR
SUBCONTRACTOR QUOTES
Subcontractor Company Name
Address
RE: Contract No.:
Dear :
(Prime Contractor's Company Name) is presently soliciting for the following work in connection with
the above referenced project.
(Insert bid Item Nos. and Description of Work)
(Prime Contractor's Company Name) is an Equal Opportunity Employer, and all qualified bidders
will not be discriminated against due to race, religion, color, sex, or origin.
If interested in bidding your proposal must be turned in to this office by
and .
(Date) (Time)
Sincerely,
(Prime Contractor's Representative)
Form CCO- 3 (11/28/2001)
Form CCO-4 Rev. 06-20-02
MBE/WBE BUSINESS ENTERPRISE PRE-
BID CONTACT INFORMATION FORM
Prime Contractor Name:
Project: Letting Date:
NO MBE/WBE SUBCONTRACTORS: If you are NOT using any MBE/WBE subcontractors to complete this
project, sign below. Attach a brief explanation as to why subcontracting was not feasible with this project. If
any MBE/WBE subcontractors will be used, please use the bottom portion of this form.
Contractor Signature:
Title:
Date: -
SUBCONTRACTORS APPLICABLE: You are required, in order for your bid to be considered responsive, to
provide the information on this form showing ALL of your MBE/WBE subcontractor contacts made for your
bid submission.
This information is subject to verification. Any questions may be directed to Contract Compliance Office 319 -
291- 4429.
You are required, in order for your bid to be considered responsive, to provide the information on this Form
showing your MBE/WBE Business Enterprise contacts made prior to your bid submission. This information is
subject to verifications and confirmation.
If you are unable to identify MBE/WBE firms to perform portions of the work, please contact Rudy Jones, Contract
Compliance Officer, for assistance at (319) 291-4429.
In the event it is determined that the MBE/WBE Business Enterprise goals are not met, then before awarding
the contract the City of Waterloo will make a determination as to whether or not the apparent successful low
bidder made good faith efforts to meet the goals.
TABLE OF INFORMATION SHOWING BIDDER'S PRE -
BID MBE/WBE BUSINESS ENTERPRISE
CONTACTS
Quotes Received Quotation used in bid
MBE/WBE
Subcontractors
Dates
Contacted
Yes/No
Dates
Contacted
Yes/No
Dollar Amount Proposed to
be Subcontracted
Form CCO-4A Rev. 07-08-02
MBE/WBE BUSINESS ENTERPRISE
PRE-BID CONTACT INFORMATION FORM
INSTRUCTIONS
Prime Contractor Responsibilities:
Prime Contractors bidding on City of Waterloo contract work are required to ensure that MBE/WBE
businesses are provided the opportunity to participate in the performance of contracts and subcontracts.
Prime contractors are required to assist MBE/WBE businesses in overcoming barriers to participation and
must make good faith efforts to secure bids from, and award subcontracts to, MBE/WBE businesses. For
all contract bids of $50,000 or more, the following is required to demonstrate good faith efforts in
accordance with this policy:
1. "MBE/WBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM" submitted with the
prime contractor bid, properly completed and signed on Form CCO -4 (Rev. 06-20-02). Please note that
this document must include all subcontractor contacts, bids received, and awarded - not just those
related to disadvantaged business enterprise vendors.
2. A minimum of three (3) MBE/WBE business contacts must be made and documented, if there are at
least three (3) MBE/WBE businesses offering services in the areas to be subcontracted (see City of
Waterloo MBE/WBE Certified List). If less than three (3) are offering the services to be subcontracted, then
a contact is required for any that are listed as providi ng that service. If you have submitted a MBE/WBE
contact not on the City's MBE/WBE list, attach a copy of the certification from another government agency.
3. Contacts to each MBE/WBE businesses are required to be a minimum of seven (7) working days
prior to the date the prime contractor submits the bid to the City of Waterloo.
4. The following documentation must accompany the "MBE/WBE BUSINESS ENTERPRISE PRE -BID
CONTACT INFORMATION FORM" for each MBE/WBE business contacted:
a. A copy of the bid received from the MBE/WBE, OR
b. If no bid was received, a copy of correspondence received from the MBE/WBE with a "no
bid" response, OR
c. If no response was received, a copy of the solicitation sent to the MBE/WBE with proof of
mailing attached.
5. If any MBE/WBE business submitting bids are not selected for subcontract award, documentation
must accompany the "MBE/WBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION
FORM" on why the MBE/WBE was not selected. These reasons could include :
a. Not low bid. Copies of the competing bids may be required for verification.
b. MBE/WBE did not bid, withdrew bid or was non -responsive.
c. Documentation of other business-related reason for not selecting the MBE/WBE business
for a
subcontract.
d. Prime contractor self performs work .
e. Any other reason relied on by the Prime Contractor.
f.
The Contract Compliance Officer will determine the weight to be given to each item listed above
(supported by appropriate documentation) based on overall program goals.
Form CCO-4A Rev. 07-08-02
Subcontractors Responsibilities:
1. Each MBE/WBE firm planning to submit quotes on construction projects with goals, shall submit a Letter
of Intent to Bid (Form CCO-5) to the City Contract Compliance Officer seven (7) working days prior to bid
opening, listing specific items which the MBE/WBE firm is interested in bidding. If the City Contract
Compliance Officer does not receive sufficient scope letters seven (7) working days prior to bid opening,
goals on subject project will be reduced accordingly. Agreements between the bidder/proposer and an
MBE/WBE in which the MBE/WBE promises not to
provide subcontracting quotations to other bidders/proposers are prohibited.
LETTER OF INTENT TO
BID (MBE/WBE LETTER)
According to the Current MBE/WBE Contract Compliance Program - 2002, all MBE/WBE
Contractors interested in submitting subcontractor quotes on construction projects with goals,
MUST submit a LETTER OF INTENT TO BID to the City of Waterloo Contract Compliance
Officer at least seven (7) days prior to bid opening.
The LETTER OF INTENT TO BID must list the specific items, which the MBE/WBE Contractor is
interested in bidding.
Letter should include the following:
Name of Project:
Your Company Name:
Address:
Phone: Date:
List of Specific items to be bid:
Item No. Description:
Item No. Description:
Item No. Description:
Item No. Description:
(Subcontractor's Company Name and authorized signature)
Return this LETTER OF INTENT TO BID to:
Contract Compliance Officer
Community Development
Board 620 Mulberry St.
Carnegie Annex, Suite 202
Waterloo, IA 50703
Phone: (319) 291-4429
Form CCO-5 (06-20-2002)
CERTIFIED
MBE/WBE CONTRACTORS
CITY OF WATERLOO, IOWA
Contract Compliance Office
Community Development
Board Carnegie Annex, Suite
202
620 Mulberry Street
Waterloo, IA 50703
City WEB Site: www.ci.waterloo.ia.us
Contract Compliance
WEB Site
for listing updates: http://www.cityofwaterlooiowa.com/contractcompliance
Contact: Rudy Jones, Community Development Director
Email: rudyjones@waterloo-ia.org
Phone: (319) 291-4429
Fax: (319) 291-4431
CERTIFIED MBE CONTRACTORS
CARTER ELECTRIC
725 Adams Street
Waterloo, IA 50703
Phone: (319) 232-9808
Pager: (319) 235-4021
Contact: Derrick Carter
Specializing in:
ELECTRICAL CONTRACTOR
CULPEPPER ELECTRIC
1731 Cottage Grove Avenue
Waterloo, IA 50707
Phone: (319) 235-0885
Fax: (319) 236-8177
Contact: Martin Culpepper
Certified: City of Waterloo Certified MBE, Licensed Electrician
Specializing in:
ELECTRICAL CONTRACTOR
DANIELS HOME IMPROVEMENT
339 Albany Street
Waterloo, IA 50703
Phone: (319) 961-1659
Contact: Sammy
Daniels Specializing in:
ALL TYPES OF CONCRETE FLATWORK, POURED WALLS—ALL TYPES, FOOTINGS,
LIGHT DEMOLITION
D.C. CORPORATION
426 Beech Street
Waterloo, IA 50703
Phone: (319) 493-2542
FAX: (319) 236-0515
Contact: Terry Phillips
Certified: City of Waterloo Certified MBE, Iowa DOT, TSB Certified
Specializing in:
COMMERCIAL AND RESIDENTIAL DEMOLITION, CONCRETE PAVING, DRIVEWAYS,
TRUCKING (ALL TYPES), GENERAL CONSTRUCTION
GREER'S WORKS
2003 Plainview Street
Waterloo, IA 50703
Phone: (319) 233-4701
Contact: Willie Greer
Specializing in:
DRIVEWAYS, SIDEWALKS, CARPENTRY, ROOFING, GENERAL CONSTRUCTION
OLD GREER'S WORKS
2309 Springview Street
Waterloo, IA 50707
Phone: (319) 233-2150
Contact: David L. Greer, Sr.
Specializing in:
ROOFING & GENERAL CONSTRUCTION
QUICK CONSTRUCTION
217 Bates Street
Waterloo, IA 50703
Phone: (319) 215-4166
Contact: Leroy Harrington
Specializing in:
ALL TYPES OF CONCRETE FLATWORK AND GENERAL CONSTRUCTION
D & D CONSTRUCTION
1124 West Donald
Street Waterloo, IA
50703
Phone: (319) 961-4208
Contact: Darrell E. Caldwell,
Sr. Specializing in:
ROOFING AND GENERAL CONSTRUCTION
E. CASTRO
ROOFING 702 Riehl
Street Waterloo, IA
50701 Phone: (319)
215-5683 Contact:
Emillio Castro
Specializing in:
ROOFING, SIDING, GENERAL CONSTRUCTION
CERTIFIED WBE CONTRACTORS
ATLAS PAINTING, INC.*
911 Sycamore Street
P.O. BOX 65
Waterloo, IA 50704
Phone: (319) 232-
9164 Specializing in:
COMMERCIAL AND INDUSTRIAL PAINTING
PETERMAN & HAES CARPET ONE*
4003 University
Waterloo, IA 50701
Phone: (319) 233-6131
Fax: (319) 233-6133
Certified: City of Waterloo
WBE Email:
JR11486@cfu.net Contact:
Carol Reese Specializing in:
FLOOR COVERING
* DENOTES WOMEN BUSINESS ENTERPRISE
STATEMENT OF BIDDERS QUALIFICATIONS Page 1 of 2
STATEMENT OF BIDDER’S QUALIFICATIONS
(To be submitted by the Bidder only upon the specific request of the City of Waterloo, Iowa.)
All questions must be answered and the date given must be clear and comprehensive. This
statement must be notarized. If necessary, questions may be answered on separate attached
sheets. The Bidder may submit any additional information he desires.
1. Name of bidder.
2. Permanent main office address.
3. When organized.
4. If a corporation, when incorporated.
5. How many years have you been engaged in the contracting business under your present firm
or trade name?
6. Contracts on hand: (Schedule these, showing amount of each contract and the appropriate
anticipated dates of completion.)
7. General character of work performed by your company.
8. Have you ever failed to complete any work awarded to you? If so, where and why?
9. Have you ever defaulted on a contract? If so, where and why?
10. List the more important projects recently completed by your company, stating the approximate
cost for each, and the month and year completed .
11. List your major equipment available for this contract.
12. Experience in construction work similar in importance to this project.
13. Background and experience of the principal members of your organization, including the officers.
14. Credit available: $ .
15. Give bank reference: .
16. Will you, upon request, fill out a detailed financial statement and furnish any other information that
may be required by the City of Waterloo, Iowa ?
17. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any
information requested by the City of Waterloo, Iowa, in verification of the recitals comprising this
Statement of Bidder’s Qualifications.
STATEMENT OF BIDDERS QUALIFICATIONS Page 2 of 2
Dated at , this day of , 20_ _.
(Name of Bidder)
By:
Title:
State of )
County of )
) ss:
, being duly sworn deposes and says that he is
of and that the answers to
the (Name of Organization)
to the foregoing questions and all statements therein contained are true and correct.
Signature
Subscribed and sworn to before me this day of , 20 .
Notary Public
My commission expires , .
SPECIAL PROVISIONS CONTRACT 1080 Page 1 of 4
GENERAL SPECIAL PROVISIONS
1. SCOPE OF WORK
The work covered by this contract consists of furnishing all labor, equipment, and materials and
performing all operations, in connection with the FY 2023 CONSTRUCTION OF A FIBER-TO-THE-
PREMISE FEEDER/DISTRIBUTION AND BACKBONE NETWORK PROJECT, Contract No.1080, as
shown on the contract drawings and in accordance with these specifications.
The contract drawings, which accompany and form a part of this contract and specifications are dated
March 07, 2023. They have the general title of CONSTRUCTION DESIGN DRAWINGS (Attachment
A)
All construction and materials shall be in accordance with the Iowa SUDAS
Standard Specifications except where noted in the SUDAS Supplemental Specifications, Special
Provisions and or Estimate Reference Notes.
2. DUMPING AREAS
Excess material resulting from construction operations shall be hauled to the County Landfill or other area
secured by the Contractor and approved by the City Engineer. Rubble, rubbish, trees, brush, and other
unsuitable backfill material, as designated by the City Engineer, shall be hauled to the County Landfill. All
Landfill charges are to be considered incidental to the contract and are the responsibility of the Contractor.
3. CONSTRUCTION DAMAGE
The Contractor shall exercise care during construction operations to ensure the safety and protection to
existing features located near or within the limits of construction. Damage caused by negligence or poor
workmanship, as determined by the Engineer, shall be considered the Contractor's responsibility.
4. REMOVED MATERIALS
All materials removed as part of this Contract shall remain the property of the City unless the City determines
that the materials are not salvageable, and the City does not want to retain ownership of the materials.
Materials designated in the field by the Engineer as nonsalvageable shall be hauled and disposed of by the
Contractor at no cost to the City. All other materials shall be transported to locations as directed by the
Engineer. No separate measurement or payment will be made for hauling or disposing of removed materials
and it shall be considered incidental to applicable items.
5. OVERHAUL
Overhaul will not be paid for "surplus material" obtained from any of the items of construction under this
contract. The cost of overhaul will be considered as incidental to the items to which it applies.
6. MAILBOXES/STOP SIGNS
The Contractor shall notify the United States Postal Department of mailboxes, which interfere with any part
of the work before removing them, and the Contractor will relocate them as required by the Postmaster.
The removal and replacement of mailboxes will not be considered for direct payment, but will be considered
incidental to the item to which it applies.
The removal and replacement of stop signs will not be considered for direct payment, but will be considered
incidental to the item to which it applies.
SPECIAL PROVISIONS CONTRACT 1080 Page 2 of 4
7. PAY ITEMS
All pay items are listed in the proposal and shall include the purchase of all materials, delivery of these
materials, and furnishing all labor, plant and miscellaneous work needed to make the item complete. All
such cost shall be incidental to the proposed item to which it applies and shall not be considered for separate
payment.
8. BREAKDOWN OF LUMP SUM CONTRACT PRICE ITEMS
The Contractor shall, immediately upon execution and delivery of the contract, before the first estimate for
payment is made, deliver to the City Engineer a detailed estimate giving a complete breakdown of the lump
sum contract prices. The submitted breakdown shall be approved by the City Engineer prior to any payment
of any lump sum price item.
9. PERMISSION TO HAUL OVER STREETS, RAILROADS AND HIGHWAYS
The Contractor will be required to secure, from the proper authorities, permission or permit which may be
required to haul over streets, highways, railroads or private property, and any hauling operations of the
Contractor shall be subject to the requirements of such permits, permission, and to all applicable
regulations, laws, and ordinances governing hauling and movement of equipment over streets, railroads,
highways and private property. Any costs or inconvenience caused by obtaining any necessary permits or
permission shall be considered completely covered by the price bid for the items in the proposal.
10. CONSTRUCTION SCHEDULING
The City Engineer shall approve Contractor's work schedule prior to starting. All revisions shall also be
approved. The City Engineer may change the schedule to accommodate changing construction conditions.
The Contractor shall coordinate the work under this contract with contractors performing work under other
contracts which may be performed concurrently.
The Contractor shall be responsible to notify the Police, Fire, Street and Engineering Departments of the
closing and opening of streets.
The Contractor shall commence work within (5) days after receipt of the "Notice to Proceed" and diligently
execute the work of the contract to completion.
11. PRE-CONSTRUCTION CONFERENCE
Before any work is started, the Contractor shall arrange with the City Engineer to hold a pre-construction
conference to discuss problems and schedules of contracts.
12. UNDERGROUND UTILITIES
It is the responsibility of the Contractor to obtain the location of gas lines, water lines, electric, telephone,
and cable television cables or wires from the various utility companies and the City electrician before starting
any excavation. The Contractor shall be responsible for any damage to any underground utilities. The
Contractor shall expose those utilities indicated on the plans so that elevations may be determined before
beginning construction. This work shall be considered incidental to other items of work.
If the Contractor believes that additional costs have been incurred due to a utility being improperly located,
the resolution of the additional costs incurred shall be made between the Contractor and the respective
utility company.
13. TRAFFIC SIGNS AND STREET SIGNS
The Contractor shall contact the City of Waterloo Traffic Operations Department to have any street sign
SPECIAL PROVISIONS CONTRACT 1080 Page 3 of 4
that will be affected by construction removed and replaced when the work has been completed.
14. TRAFFIC CONTROL DURING CONSTRUCTION
The Contractor shall, at his own expense and without further or other order, provide, erect and maintain, at
all times during the progress and suspension of the work and until completion and final acceptance thereof,
suitable and requisite barricades, signs or other adequate protection, as required by the latest edition of
Part VI of the “Manual on Uniform Traffic Control Devices” and shall provide, keep and maintain such
barricades, signs, etc., as may be required or as may be ordered by the Engineer, to ensure the safety of
the public as well as those engaged on the work. All barricading plans shall be reviewed by the Engineer.
The Contractor shall determine, provide and obtain approval from the City Engineer on all detour locations
for all street closings, barricades and posting prior to construction. These shall meet requirements of the
City Police Traffic Department. The Contractor shall notify the City Engineer's Office and the Police, Fire
and Street Departments when the street is closed for construction. All barricading shall be in accordance
with the latest edition of Part VI of the "Manual on Uniform Traffic Control Devices." Encapsulated lens
sheeting is not required on this project.
15. GRADES, LINES, LEVELS AND SURVEYS
All necessary grades, lines, levels and surveys shall be established and maintained by the Contractor.
The Contractor shall verify all grades, lines, levels and dimensions as shown on the drawings, and he shall
report any errors or inconsistencies in the same to the City Engineer before commencing work.
16. SAFETY OF WORKERS AND PUBLIC
The Contractor shall, at all times, take necessary precautions to protect the life and health of all persons
employed on this project and the public. He shall provide necessary safety devices and safeguards in
accordance with latest and best accident prevention practices. All such protection shall be furnished to
employees without cost.
No direct measurement of payment shall be made for this protection, but shall be considered incidental to
other items of work. The public shall be kept outside of any work area.
17. CONSTRUCTION EQUIPMENT FOR PORTLAND CEMENT CONCRETE PAVEMENT
Section IX "Construction Equipment" of the "Specifications for Concrete Paving, Widening, and Curb and
Gutter" of the Standard Specifications for Municipal Public Works Construction, City of Waterloo, Iowa, shall
be amended as follows:
Iowa Department of Transportation standard specification Section 2301.07 Construction Equipment For
Portland Cement Concrete Pavement shall apply with the following exception to Section 2301.07.A.7.b
Finishing Machine: The first sentence shall read as "A finishing machine will be required on all uniform width
slabs ten (10) feet or more in width upon which a continuous line of forms more than one hundred fifty (150)
feet in length may be set, except for intersections or otherwise approved by the Engineer."
18. WORKING ON SATURDAYS, SUNDAYS AND LEGAL HOLIDAYS
The Contractor shall notify the Engineer in writing forty-eight (48) hours in advance if work on Saturday is
planned. By noon the Friday before the planned Saturday work, the Contractor shall confirm the Saturday
work schedule with the project inspector.
Work on Sunday requires prior approval of the Engineer in accordance with the Waterloo Standard
Specifications. The Contractor shall not work the following days in 2023 due to City holidays:
SPECIAL PROVISIONS CONTRACT 1080 Page 4 of 4
o January 2, 2023
o January 16, 2023
o May 29, 2023
o June 9, 2023
o July 4, 2023
o September 4, 2023
o November 10, 2023
o November 23, 2023
o November 24, 2023
o December 25, 2023
o December 26, 2023
o January 1, 2024
SUPPLEMENTAL SUDAS SPECIFICATIONS CONTRACT 1080 Page 1 of 10
SUPPLEMENTAL SPECIFICATIONS TO THE SUDAS SPECIFICATIONS
DIVISION 1 – GENERAL PROVISIONS AND COVENANTS
1010 – 1090 In lieu of SUDAS Division 1, GENERAL SPECIFICATIONS FOR CONSTRUCTION,
CITY
OF WATERLOO, IOWA, DEPARTMENT OF ENGINEERING shall apply, which
are included in the contract documents for this project.
DIVISION 2 – EARTHWORK, SUBGRADE AND SUBBASE
2010, 1.08, D Measurement and Payment for Topsoil will be made in SY.
2010, 1.08, E,4 Stripping, salvaging and spreading of topsoil is included in TOPSOIL, 4
INCHES, ON OR OFF-SITE bid item, per SY.
2010, 1.08, F Below grade excavation will be determined in the field by the engineer and be field
measured and paid through the EXCAVATION, CLASS 10, BELOW GRADE bid
item. This bid item includes the removal of unsuitable or unstable subgrade
materials AND replacement with MODIFIED SUBBASE, paid per CY.
2010, 1.08, G Subgrade Preparation, when directed by the Engineer, shall be measured in SY
and paid at the unit price of $1.50/SY as extra work.
2010, 1.08, J Subbase will be paid by square yard (SY) of subbase placed based on plan
quantity per street and bid item thickness.
2010, 1.08, K, 3 Removal of pipe and conduits shall include capping or plugging when
determined necessary in the field by the Engineer.
2010, 2.01 Both on site and off-site topsoil may be used when complying with 2010, 2.01.
2010, 2.04, C, 6 Geotextiles used shall be Geotextile Systems by Propex Geotex
350 ST, TenCate Mirafi HP 370, or approved equal.
2010, 2.04, D, 3 Recycled Modified Subbase certified material made from onsite PCC or certified
stockpile previously approved by the IDOT may be used.
2010, 3.03 E After pavement removal, all subsequent construction operations must leave the
construction site in a condition that is graded to drain to existing intakes or isolated
areas, and if ponding occurs the contractor must pump the standing water as soon
as reasonable after a rainfall event has ended to prevent the subgrade from
becoming saturated. Pumped water must be directed through approved sediment
reduction measures before entering the storm sewer or other drainage system.
DIVISION 3 – TRENCH AND TRENCHLESS CONSTRUCTION
SECTION 3010 – TRENCH EXCAVATION AND BACKFILL
3010, 1.08, A, 8 and D See SPECIAL SUBGRADE MATERIAL in the Special Provisions for payment
regarding backfill material that is outside of the range specified for placement
and compaction or that is unsuitable.
SUPPLEMENTAL SUDAS SPECIFICATIONS CONTRACT 1080 Page 2 of 10
3010, 3.01, D ADD: Excavated material that has a greater than optimum moisture content, but is
otherwise acceptable shall not be considered unsuitable. The Contractor shall
either dry out the material to a suitable condition or furnish acceptable material.
Should the Engineer determine that the excavated material is not suitable for
backfill for the excavation the material shall be disposed of and replaced with
approved backfill material obtained by the Contractor from another source, which
could include material from other locations on the project.
DIVISION 4 – SEWERS AND
DRAINS SECTION 4010‐
SANITARY SEWERS
4010, 1.08, A, 1, c Testing and inspection will be performed by City of Waterloo, Iowa, personnel.
The following are included in the pipe unit price or applicable items:
Removal and disposal of existing pipe when 4 (four) feet or less horizontally
from the existing pipe
Collars at any existing to new pipe connections (main or services) or at
manholes
Bypass pumping and traffic control related to bypass pumping
Installation of temporary storm sewer to reestablish storm sewer that has
been removed/impacted by sanitary sewer construction
Record the location, depth and type of material for each water service
crossed
Cleaning the sanitary sewer main prior to City televising, as needed
4010, 1.08, E Sanitary sewer service connections to existing live services shall be connected to
existing at a minimum of 5 (five) feet back of curb line. New stubs shall be extended
to minimum of 5 (five) feet back of curb line and cap ped water tight. The end of
the service stub shall be marked with a 5 (five) foot long standard metal T post.
4010, 2.01 C. Corrugated Polyvinyl Chloride Pipe (PVC) shall be used for diameters 18” and
larger.
E. Polyvinyl Chloride Composite Pipe (truss type PVC) shall be used for
diameters 8”‐15”.
4010, 2.04, A PVC Main 1.a and 1.c apply. Inserta Tees®, or equal, may be used only in the
200 block of Webster Street for connecting services to the existing 36” concrete
main.
4010, 2.04, B PVC Composite Main 1a. applies with preformed wye or tee fittings.
4010, 3.02, B ADD THE FOLLOWING ITEMS
1. Where the new service line meets the existing, the Contractor shall install a FERNCO (or equal)
coupling and construct a concrete collar. Backfill of the coupling and collar shall not occur until the
concrete collar has hardened sufficiently to prevent deformation of the concrete.
2. When connecting to existing truss pipe, a truss to truss GASKETED REPAIR COUPLING shall be
used.
SUPPLEMENTAL SUDAS SPECIFICATIONS CONTRACT 1080 Page 3 of 10
3. Provisions shall be made for maintaining sewerage flow in all "upstream" sections of the system
4. The contractor shall take appropriate measures to prohibit ground water, rain water, etc. from
entering the pipe. If this does occur and the pipe becomes dirty, the contractor shall be req uired to
clean the pipe at his expense prior to the City televising the line.
5. If the City needs to clean the line prior to televising, the contractor will be billed for the same, with
payment for pipe withheld until the City is paid.
6. The contractor shall install temporary storm sewer to reestablish the storm sewer that is
removed/impacted by the sanitary sewer construction, which is incidental to applicable items.
7. The Contractor constructing the main shall be responsible for locating and marking the loca tions of
existing service lines. Dye testing or tracing may be required to determine service line locations or
the existence of shared service lines. Dye testing and tracing, if required, will be paid on a per each
basis.
8. The permanent connection of the sanitary sewer service lines shall be constructed with the sanitary
main construction so that the service connections (tap and tee or wye construction) and a minimum
of five (5) feet of the service line are constructed as the sanitary main is constructed. The Contractor
may reconstruct the entire required length of the service line at the time of main construction. If any
existing water services are damaged or broken while performing work under this item, renewal shall
be at Contractor's expense.
9. Services to all properties adjacent to and/or served by the sanitary sewer reconstruction, must be
verified by the Contractor(s). Upon completion of the sanitary sewer reconstruction, the Contractor
shall contact the City Waste Management Department (291‐4553) to request televising of the sewer.
Any service connections missed shall be reconnected by the contractor with the City paying for only
those items originally needed for the installation.
4010, 3.02, B Trenched sanitary sewer shall use a laser system for line and grade with hubs a
minimum of 50 (fifty) feet to check line and grade.
4010, 3.06, A Premade Tees and Wyes are required on 8‐inch diameter through 15‐inch
diameter sanitary mains. Connect temporarily to existing sanitary services a
minimum of 5 (five) feet from the back of curb or as directed in the field by the
Engineer depending on the depth of the service. New stubs are to be extended to
a minimum of 5 (five) feet from the back of curb or as directed in the field by the
Engineer depending on the depth of the service, to a location to prevent
undermining of the paving when service is extended in the future. The Contractor
may construct the entire required length of the stub at the time of main
construction.
DIVISION 4 – SEWERS AND
DRAINS SECTION 4020‐STORM
SEWERS
4020, 1.08, 1, c Inspection and testing to be completed by the City of Waterloo, Iowa.
4020, 2.01 Only reinforced concrete storm sewer pipe and reinforced concrete storm
sewer pipe aprons are permitted. Only Rubber O Ring or Profile gasket joints
are permitted.
4020, 3.05, B Only Rubber O Ring or Profile gasket joints are permitted.
SUPPLEMENTAL SUDAS SPECIFICATIONS CONTRACT 1080 Page 4 of 10
4020, 3.11 Inspection and testing to be completed by the City of Waterloo, Iowa.
DIVISION 4 – SEWERS AND DRAINS
SECTION 4040‐SUBDRAINS AND FOOTING DRAINS
4040, 2.02 Only Case B Type 1 Longitudinal Subdrains are permitted. (Detail 4040.231)
4040, 3.03 Footing Drain Service Stubs shall extend a minimum of 5 (five) feet from back of
curb. The end shall be capped water tight and a 3 (three) foot long minimum size
#4 rebar or standard steel T post placed vertically at the end of the service.
Figure 4040.231 Only Case B Type 1 Longitudinal Subdrains are permitted.
Figure 4040.233 Use CMP outlet and Removable Grate rodent guard.
SUPPLEMENTAL SUDAS SPECIFICATIONS CONTRACT 1080 Page 5 of 10
DIVISION 4 – SEWERS AND DRAINS
SECTION 4060‐CLEANING, INSPECTION AND TESTING OF SEWERS
4060 Cleaning is required by the contractor and is incidental to applicable items.
Testing and Inspection will be done by the City of Waterloo, Iowa, Engineering
Department.
DIVISION 5 –WATER MAINS AND
APPURTENANCES SECTION 5010 – PIPE AND
FITTINGS
5010, 1.08, E, 3 Water service Curb Stop and Curb Box will be measured and paid as separate
items.
5010, 2.07, B K‐Copper pipe shall be used for water services.
5010, 2.07, C Corporation Valves shall meet ANSI/AWWA C800 (COMPRESSION TYPE) AY
McDonald or Mueller 300 ball style rated for minimum 300 PSIG water pressure.
Ball Curb Valves (Curb Stops) shall meet ANSI/AWWA C800 (COMPRESSION
TYPE) AY McDonald or Mueller 300 ball style rated for minimum 300 PSIG water
pressure.
Stop Boxes (Curb/Pave Boxes) Arch Pattern shall meet ANSI/AWWA C800
Mueller H‐10314, AY McDonald 5601, 5603, or equal with 5’0” s tainless steel
shut off rod and cotter pin.
Service Pipe (K Copper).
DIVISION 6 – STRUCTURES FOR SANITARY AND STORM
SEWERS SECTION 6010 ‐ STRUCTURES FOR SANITARY AND
STORM SEWERS
6010, 1.08, D Casting Extension Rings will be considered incidental to manhole construction.
In lieu of extension rings for intakes, extension shall be poured integral with
boxouts. See Modified SW ‐514 in plans.
6010, 1.08, E Manhole Adjustment, Minor will follow this SUDAS Supplemental specification as a pay item
per Each. The new manhole casting to be furnished includes a new “Sanitary Sewer” or “Storm Sewer” City
of Waterloo cover, as applicable. If an existing sanitary manhole does not have the vertical segment at the
top of the cone for installation of an interior infiltration barrier, approved sealant on clean surfaces shall be
used to provide a watertight connection. Bid Items MINOR ADJUSTMENT, INTAKE, SW ‐ 501 and MINOR
ADJUSTMENT, INTAKE, SW ‐505 include new intake castings with the existing castings being promptly
delivered to the City of Waterloo Waste Management yard. Minor adjustments shall not allow extension
rings for intakes. The extension shall be poured integral with boxouts. See Modified SW ‐ 514 in plans.
SUPPLEMENTAL SUDAS SPECIFICATIONS CONTRACT 1080 Page 6 of 10
6010, 1.08, H Remove Manhole or Intake will include complete removal of the structure and
backfilling the area as required to complete the construction in the area where the
structure was removed.
6010, 2.05, B, 1 Rubber O‐Ring or Profile Gaskets will be used for Precast Riser Joints.
6010, 2.05, B, 2, b 6010, 2.05, B, 1a is acceptable; Engineering Fabric Wrap shall not be used.
6010, 2.10, D, 1 Fixed Manhole Casting Types will be used for both sanitary and storm manholes
with City of Waterloo covers required for all manholes.
6010, 2.11, A, 2 Only Internal Chimney Seal Infiltration Barriers will be used on new sanitary
manholes.
6010, 3.01 K Only Internal Chimney Seal Infiltration Barriers will be used on new sanitary
manholes.
6010, 3.01, F, 1 Install only Rubber O‐ring or Profile Gaskets
6010, 3.07 Remove Manhole or Intake will include complete removal of the structure.
6010, 3.08 Vacuum testing will not be required on new sanitary manholes.
DIVISION 7 STREETS AND RELATED WORK
SECTION 7010 – PORTLAND CEMENT CONCRETE PAVEMENT
7010, 1.08, A, 3 When cold weather protection or linseed oil is applied, measurement and
payment will be per SY.
7010, 3.02, F The use of a paving machine will be required on all sections of mainline paving
150 feet or more in length.
7010, 3.02, I, 5 Burlap Drag Surface Texture is required.
7010, 3.02, J For Portland Cement Concrete Placement after August 31, Surface Curing shall
include application of linseed oil at a rate of 15 SY per gallon. A curing
compound/linseed oil combination product may be used. If used, material shall
conform to W.R. MEADOWS LIN‐SEAL ™ WHITE Curing and Anti‐spalling
compound or approved equal.
7010, 3.02, K Figure 7010.101/Standard Road Plan PV‐101, Details A, B and C, Sheet 2 of
8, shall apply to joint sealing.
7010, 3.03, B Hand finish methods may be used for curb and gutter sections 150 feet or less in
length.
7010, 3.07, A Material Testing for Plastic and Hardened Concrete will be performed by the City
of Waterloo, Iowa.
SUPPLEMENTAL SUDAS SPECIFICATIONS CONTRACT 1080 Page 7 of 10
SECTION 7020 – HOT MIX ASPHALT PAVEMENT
7020, 1.08, B Allowable percentage of RAP in the mix will be as shown in IDOT I.M. 510,
Appendix C.
If the contractor wishes to use RAP in the production of HMA, the contractor will
provide to the City documentation showing that the RAP is either Unclassified or
Classified. Documentation will meet the requirements of IDOT section 2303, IM
505 and IM 510. The City will not do gradation or extraction tests on the RAP to
determine the amount of asphalt binder present in the RAP. The contractor can
have the samples sent to an independent lab or send the samples to the IDOT for
extraction and gradation tests. Contractor tests results on the RAP to determine
classified status will not be accepted. The contractor and the City will work together
to take samples. All test results will be provided to the City. If documentation can’t
be provided, the RAP will be treated as unclassified.
RAP to be used in the production of HMA will be included in the JMF. The
contractor will take the RAP into account during the mix design as described in
IDOT Section 2303 and IM 505. If the contractor wishes to use RAP in the HMA
mixture, the contractor will provide documentation for the status of the RAP to be
used.
7020, 1.08, J Surface Fixture Adjustments such as Water or Gas Valve Boxes – “Minor Fixture
Adjustment” shall be considered incidental to applicable items.
7020, 1.08, K Sawing ONLY for pavement removal will be measured and paid by linear foot.
Resawing due to negligence of contractor shall not be paid by the City. All of the
asphalt removed from this project is to be the property of the Contractor.
7020, 2.02 Use of warm mix asphalt (WMA) is not allowed.
7020, 2.03, A See Supplemental Specification for 7020, 1.02, B and 7020, 1.05, B.
7020, 2.03, B No recycled asphalt shingles (RAS) will be allowed.
7020, 3.01, G Will be modified as follows: For base and intermediate lifts, any mix on any
street per stage per day, over 400 feet in length or over 1200 SY in area will require
QMA. For base and intermediate lifts over 100 tons per street per stage per day
will require a hot box sample and gradation, unless otherwise waived by the
Engineer. For surface courses and base and intermediate quantities less than
those required for QMA, field densities will be checked by the City using the City’s
density gauge.
7020, 3.02, D, 2 Maximum compacted thickness of any lift will be three (3) inches.
7020, 3.02, D, 6 Multiple lifts of asphalt will not be allowed on the same street on the same day until
existing HMA has reached an ambient temperature with its surroundings
SUPPLEMENTAL SUDAS SPECIFICATIONS CONTRACT 1080 Page 8 of 10
prior to the placement of the next layer of HMA. The Engineer may waive this
requirement.
7020, 3.06, A The City may conduct the tests, hire an independent testing laboratory, or use
the Contractor’s test results. Density for all streets will be a minimum of 94%.
7020, 3.06, A, 2 The City will not prepare the mix designs. The Contractor will have mix designs
approved by the IDOT or independent lab. Any HMA produced prior to submittal
of JMF’s and material certifications will not be paid for.
7020, 3.06, A, 3, b, 1 Binder will be accepted based on supplier’s shipment certification.
7020, 3.06, A, 3 b 6 No split samples for agency correlation are required.
7020, 3.06, B, 3 Will be modified as follows: For base and intermediate lifts, any mix on any
street per stage per day, over 400 feet in length or over 1200 SY in area will require
QMA. For base and intermediate lifts over 100 tons per street per stage per day
will require a hot box sample and gradation, unless otherwise waived by the
Engineer. For surface courses and base and intermediate quantities less than
those required for QMA, field densities will be checked by the City using the City’s
density gauge.
SECTION 7030 – SIDEWALKS, SHARED USE PATHS AND DRIVEWAYS
7030, 1.08, A, 3 Sawing for removal of sidewalk will be incidental to sidewalk removal.
7030, 1.08, E, 3 Testing, when required, will be performed by the City of Waterloo Engineering
Department personnel.
7030, 1.08, H, 1, C Testing, when required, will be performed by the City of Waterloo Engineering
Department personnel.
7030, 2.07 Detectable Warning Surfaces shall be cast iron. Approved vendors include:
MetaDome, LLC – MetaCast; EJ Group, Inc. – Detectable Warning Plates; Neenah
Foundry Company
7030, 3.01, E Grinding of curbs for sidewalk ramps or driveway approaches will not be allowed.
7030, 3.04, B, 3 City of Waterloo, Iowa, driveway and sidewalk standard details included in the
plans shall be used.
7030, 3.04, D Curing is required as per City of Waterloo, Iowa, standard sidewalk and driveway
specifications.
7030, 3.07 City of Waterloo, Iowa, driveway and sidewalk standard details included in the
plans shall be used for placement of Detectable Warning Installation.
7030, 3.11 Material Testing will be performed by the City of Waterloo Engineering
Department.
SUPPLEMENTAL SUDAS SPECIFICATIONS CONTRACT 1080 Page 9 of 10
SECTION 7040 – PAVEMENT REHABILITATION
7040, 1.08, A Sawing for pavement removal ONLY will be measured and paid per linear foot.
7040, 1.08, H Sawing for pavement removal ONLY will be measured and paid per linear foot.
Pavement Removal includes PCC Paving and Composite Paving, including curb
and gutter sections. Asphalt Pavement Removal includes full depth asphalt paving
sections and curb and gutter sections where it exists on a full depth asphalt street.
7040, 1.08, I Curb and gutter removal is for isolated locations of removal and does not include
curb and gutter removed under 7040, 1.08, H.
7040, 1.08, L Sampling and Testing will be performed by the City of Waterloo, Iowa, Engineering
Department.
DIVISION 8 – TRAFFIC CONTROL
SECTION 8020 ‐ PAVEMENT
MARKINGS
8020, 2.01 Precut legends and symbols, including cross walk bars, shall be precut preformed
polymer or thermoplastic materials conforming to PreMark® by Flint Trading, Inc.,
or equal. The Contractor shall install the precut legends and symbols as per
manufacturer’s specifications. Installation of the precut symbols or legends shall
also require grinding of the area 1/8 inch below the plane of the pavement surface
and treating the ground area with a sealer prior to placement of the symbols or
legends.
The Contractor shall work with the City Sign and Traffic Department to
determine exact placement of all markings and symbols in the field.
SECTION 8030 ‐ TEMPORARY TRAFFIC CONTROL
8030, 1.08, A Detour signing will be paid on a LUMP SUM basis for each detour identified in the
plans.
Temporary directional signing for alternate routes to businesses will be constructed
as per details and installed at locations as shown in the plans. Payment will be
based on a per EACH basis and will include providing the signs, installing,
maintaining and removing the signs as needed during the course of the project.
DIVISION 9 – SITE WORK AND
LANDSCAPING SECTION 9010 – SEEDING
9010, 1.08, B Seeding, Fertilizing and Mulching for Hydraulic Seeding will be measured and paid
in SY.
SUPPLEMENTAL SUDAS SPECIFICATIONS CONTRACT 1080 Page 10 of 10
9010, 1.08, E Warranty for Seeding, Fertilizing and Mulching for Hydraulic Seeding will be
measured and paid in SY. Locations are to be determined based on field
conditions. Warranty applies to situations where a rainfall has washed off the
hydroseeding prior to seed growth being established and does not apply to
hydroseeding done outside of specified seeding windows or lack of growth due to
adjacent property owner not watering.
SECTION 9040 – EROSION AND SEDIMENT CONTROL
9040, 1.08, T, 1 Inlet Protection Device will include the intermediate protection (prior to paving) as
per detail included in the plans, as well as Drop In Intake Protection or Surface
Applied Intake Protection. This item includes initial installation and final removal of
the inlet protection devices.
9040, 1.08, T, 2 Maintenance of Inlet Protection Devices will include maintenance (clean out of
device and reinstallation) from initial installation of intermediate protection up to
removal after vegetation has been established. Maintenance will also include,
when and where required, removal prior to winter conditions and replacement in
the spring if vegetation has not been established.
DIVISON 11 ‐ MISCELLANEOUS
SECTION 11,030 – TEMPORARY SERVICES DURING CONSTRUCTION
11,030, 108, A Maintenance of Postal Service will be considered incidental to applicable items.
Detail 11030.101 will be used for temporary mailboxes.
GENERAL SPECS FOR CONSTRUCTION CONTRACT 1080 Page 1 of 15
GENERAL SPECIFICATIONS FOR CONSTRUCTION
CITY OF WATERLOO, IOWA
Department of Engineering
SECTION A - Definitions of Terms
SECTION B - Scope of work
SECTION C - Control of Materials and Work
SECTION D - Procedure and Progress
SECTION E - Measurements and Payments
SECTION F - Legal Relations and Responsibility
SECTION A - DEFINITIONS OF TERMS
1. CITY. The City of Waterloo, Iowa, which is the Party of the First Part of
the accompanying contract, acting through its authorized representative.
2. COUNCIL. The duly elected Council of the City of Waterloo, Iowa .
3. ENGINEER. The City Engineer of Waterloo, Iowa, or his authorized
representative.
4. INSPECTOR. The authorized representative of the Engineer, assigned to the
detailed inspection of the work or materials therefor and to such other duties as may be
delegated to him in these specifications.
5. CONTRACTOR. The Party of the Second Part in the accompanying contract
for the improvement covered by these specifications, or his authorized representative.
6. SUBCONTRACTOR. Any person, firm, or corporation who has, with the
approval of the Council, contracted with the Contractor to execute and perform in his stead
all or any part of the contract.
7. BIDDER. Any individual, firm, or corporation submitting a proposal for all or a
part of the work provided for in these specifications.
8. PROPOSAL GUARANTEE. The security designed in the Notice of Bidders or
Proposal to be furnished by the bidder as a guarantee of good faith to enter into a contract
and furnish an acceptable bond for the work contemplated if it be awarded him.
9. SURETY. The corporate body bound with and for the Contractor for the
acceptable performance of the contract.
10. PROPOSAL. The written Proposal, submitted by the bidder in the prescribed
manner and on the standard form, for the improvements covered by these specifications.
11. SPECIFICATIONS. The documents that set forth the manner in which the
proposed work is to be accomplished which have been prepared by the Engineer and
approved by the City Council, official copies of which are now on file with the City Clerk.
12. SPECIAL PROVISIONS. Clauses or memoranda not contained herein,
applying to the contract of which these specifications are a part, which change or supplement
these specifications.
13. CONTRACT. The agreement entered into between the City and the
Contractor, setting forth the terms under which the work covered by the plans and
GENERAL SPECS FOR CONSTRUCTION CONTRACT 1080 Page 2 of 15
specifications is to be performed. The contract includes all conditions, definitions, and
instructions set forth in the official publications relating to the work, the official contract and
specifications, the Proposal, official plans, and all supplemental agreements entered into
by the parties to the contract.
14. NOTICE TO BIDDERS. The notice called attention of bidders to the time and
place for receiving bids, containing a brief description of the work, and briefly setting forth the
requirements and conditions for submission of Proposals.
15. INSTRUCTIONS TO BIDDERS. The clauses setting forth in detail the
information relative to the proposed work and requirements for the submission of
Proposals.
16. PLANS. The plans for the improvement covered by the specifications and
approved by the Council, official copies of which are on file with the City Clerk.
17. CONTRACT BOND. The bond executed by the Contractor and his surety in
favor of the City of Waterloo, Iowa, guaranteeing the complete execution of the contract in
accordance with the plans and specifications, the payment of all debts pertaining to the work,
and maintenance of the work as provided by law or by the specifications.
18. CONTRACT PERIOD. The period from the specified date for beginning the
work to the specified date of completion, both dates inclusive. The contract period may be
extended by the Council, as provided in these specifications, in which event the contract
period includes the new date of completion.
19. OFFICIAL PUBLICATIONS. The official publications are the formal
resolutions and notices relative to the proposed improvement that are required by law to
be published in a prescribed manner and that have actually been published in
accordance with the statutes relating thereto. Attention is directed to the fact that these
official publications are by statute vested with all of the force and effect of contract
obligations.
20. A.S.T.M. Abbreviation for American Society for Testing Materials .
21. WORK. The term "Work" of the Contractor and Subcontractor includes
labor or materials or both, equipment, transportation, or other facilities necessary to
complete the contract.
22. TIME. All time limits stated in the contract documents are of the essence in the
contract.
23. PROJECT MANUAL. The document that specifies the project’s parameters,
including its contract, forms, terms, conditions, and requirements as well as its components,
materials, performance standards, and performance expectations.
SECTION B - SCOPE OF WORK
1. CORRELATION AND INTENT OF DOCUMENTS. The Contract documents
are complementary, and what is called for by any one shall be as binding as if called for by
all. The intention of the documents is to include all labor, materials, equipment, and
transportation necessary for the proper execution of the work. Materials or work described
in words which, so applied, have a well-known technical or trade meaning shall be held to
refer to such recognized standard.
2. DRAWINGS AND SPECIFICATIONS. Unless otherwise provided in the
GENERAL SPECS FOR CONSTRUCTION CONTRACT 1080 Page 3 of 15
contract documents, the engineer shall furnish to the Contractor, free of charge, all copies
of drawings and specifications reasonably necessary for the execution of the work.
The Contractor shall keep one (1) copy of all drawings and specifications on the
work available to the Engineer and to his representatives.
3. CONTRACTOR’S UNDERSTANDING. It is understood and agreed that the
Contractor has, by careful examination, satisfied himself as to the nature, character and
location of the work, the conformance to the ground, the character, quality, and quantity
of the materials to be encountered, the character of the equipment and facilities needed
preliminary to and during the prosecution of the work, the general and local conditions,
and all other matters which can, in any way, affect the work under this contract. No verbal
agreement or conversation with any officer, agent, or employee of the City, either before
or after the execution of the Contract, shall affect or modify any of the terms or obligations
herein contained.
4. REPORTING ERRORS AND DISCREPANCIES. If the Contractor, in the
course of the work, finds any discrepancies between the plans and the physical conditions
of the locality, or any errors of omission in plans or in the layout as given by said stakes
and instructions, it shall be his duty to inform the Engineer immediately, in writing, and the
Engineer shall promptly correct the same.
5. ALTERATION OR CORRECTION OF PLANS. The plans are made up from
surveys that are presumably correct and represent the foreseen construction requirements.
Any modification of the plans which may be required by the exigencies of the construction or
any corrections made necessary because of errors in the original surveys, will be made by
the Engineer. Should corrections or modifications of the plans or spe cifications require a
different quality or class of work than that upon which the unit prices in the Proposal are
based, or if the modifications or corrections are required in parts of the work partially
completed and such modifications result in an increased cost to the Contractor, the amount
to be paid for work resulting from such changes shall be agreed upon in writing at the time
the changes are ordered and before the work is begun by the Contractor. No allowance will
be made for anticipated profits on work not performed.
6. CHANGES IN THE WORK. The City, without invalidating the contract, may
order extra work or make changes by altering, adding to, or deducting from the work, the
contract sum being adjusted by agreement or in accordance with the dispute resolution
procedures identified herein before such changed work is undertaken. All such work
shall be executed under the conditions of the original contract, except that any claim for
extension of time caused thereby shall be adjusted at the time of ordering such change.
7. INCREASED OR DECREASED QUANTITIES. The right is reserved
without impairing the contract, to order the performance of such work of a class not
contemplated in the Proposal or to increase or decrease the quantities as may be
considered necessary to complete fully and satisfactorily the work included in the
contract. However, when the work is completed without change in the plans, and the
measured quantity of any item of work varies by more than twenty percent (20%) from
the estimated quantity specified in the contract, an adjustment in price may be made for
such item of work by agreement between the Engineer and the Contractor, subject to the
approval of the City Council. Either party to the contract may request such an adjustment.
8. LANDS AND RIGHT OF WAY. The City shall provide the lands upon which
the work under this contract is to be done, except that the Contractor shall provide land
required for the erection of temporary construction facilities and storage of his material,
together with the right of access to same.
9. CITY WATER. The Contractor shall be allowed to use City Water but before
GENERAL SPECS FOR CONSTRUCTION CONTRACT 1080 Page 4 of 15
any water is used, he shall make application to the Waterloo Water Works for a
temporary water connection from a fire hydrant or by some other connection method.
Water usage will be charged at the rate for temporary water service. The rules,
regulations, and water rates are available at the Waterloo Water Works offices at 325
Sycamore Street or their telephone number is 319-232- 6280.
10. RIGHTS OF VARIOUS INTERESTS. Whenever work being done by the City’s
forces or by other Contractors is contiguous to work covered by this contract, the respective
rights of the various interests involved shall be established by the Engineer to secure the
completion of the various portions of the work in general harmony.
11. CLOSING STREETS TO TRAFFIC. The Engineer shall be the judge of how
many streets or parts of streets it is necessary for the Contractor to close at any time and
may refuse to permit the closing of additional streets until such of the work is finished
and opened to traffic as he may direct.
12. OBSTRUCTION OF STREETS. The work is to be carried on in such
manner as to obstruct the streets, highways, and alleys as little as possible. The
Contractor shall carry on the different parts of the work so as to complete the whole, as
nearly as practicable, at the same time. In doing the work, the Contractor shall follow the
directions of the Engineer as to the place or places where work shall be started or be
carried on and the direction in which it shall be done.
13. SHANTIES AND BUILDINGS. Shanties or other buildings shall not be
erected in or upon any street, highway, or alley without permission of the Engineer. If
such permission be granted, it may be upon any reasonable terms prescribed by the
person or body granting such permission.
14. SANITARY CONVENIENCES. The Contractor shall furnish the necessary
sanitary conveniences, properly secluded, for the laborers on the work, and these shall
be maintained in a manner that will be inoffensive to the public.
15. CLEANING UP. The Contractor shall, as directed by the Engineer, remove
from the City’s property and from all public and private property, at his own expense, all
temporary structures, rubbish, and waste materials resulting fr om his operations before
work can be considered completed. The Contractor shall also renew or replace any and
all fences, sidewalks, or other property damaged or disturbed by his work.
16. OMISSION OF PARTS OF GENERAL SPECIFICATIONS. Parts of the
General Specifications deemed not to apply to some particular work may be omitted by
special reference in other parts of the contract documents.
SECTION C - CONTROL OF MATERIALS AND WORK
1. SUPERVISION AND INSPECTION. The Engineer shall have supervision
of the construction provided for in this Contract and shall decide any and all questions
which may arise as to the quality and acceptability of materials furnished, work performed,
manner of performance, rate of progress on the work, and all questions regarding the
acceptable fulfillment of the terms of the Contract. Materials and construction work shall,
at all times, be subject to the inspection of the Engineer or his representatives. The
Contractor shall be held strictly to the true intent of these specifications as regards the
quality of materials, workmanship, and the diligent prosecution of the work.
The Engineer and his representatives shall, at all times, have access to the work
wherever it is in preparation of progress, and the Contractor shall provide proper facilities
for such access and for inspection.
GENERAL SPECS FOR CONSTRUCTION CONTRACT 1080 Page 5 of 15
If the specifications, the Engineer’s instructions, law ordinances, or any public
authority require any work and/or materials to be especially tested or approved, the
Contractor shall give the Engineer timely notice of readiness for inspection. If the inspection
is to be made by authority other than the Engineer, the Contractor shall notify the engineer
of the date fixed for inspection. Inspections by the Engineer will be promptly made and, where
practicable, at the source of supply. If any work should be covered up without the approval
or consent of the Engineer, it must, if required by the Engineer, be uncovered for
examination at the Contractor’s expense.
Re-examination of questioned work may be ordered by the Engineer, and, if so
ordered, the work must be uncovered by the Contractor. If such work be found in
accordance with the Contract, the City shall pay the cost of re-examination and replacement.
If such work be found not in accordance with the Contract, the Contractor shall pay such
cost unless he shall show that the defect in the work was caused by another Contractor,
and, in that event, the City shall pay the cost.
2. AUTHORITIES AND DUTIES OF INSPECTORS. Inspectors may be stationed
on the work to report to the Engineer as to the progress of the work and the manner in which
it is being performed; also, to report whenever it appears that materials furnished and work
performed by the Contractor fail to fulfill the requirements of the specifications and Contract,
and to direct the attention of the Contractor to such failure or infringement; but such
inspection shall not relieve the Contractor from any obligations to furnish acceptable materials
or to provide completed construction that is satisfactory in every particular.
In case of any dispute arising between the Inspector and the Contractor as to materials
furnished or the manner of performing the work, the Inspector shall have the authority to
reject materials or suspend the work until the question at issue can be referred to and decided
by the Engineer. Inspectors are not authorized to revoke, alter, enlarge, relax, or release
any requirements of these specifications. The Inspector shall, in no case, act as foreman or
perform other duties for the Contractor or interfere with the management of the work by
the latter.
3. STATUS OF THE ENGINEER. The Engineer shall have general supervision
and direction of the work. He has authority to stop the work whenever such stoppage may
be necessary to insure the proper execution of the Contract. He shall also have authority
to reject any work and/or materials which do not conform to the specifications, to direct the
application of forces to any portion of the work as, in his judgment, is required, and to order
the force increased or diminished, and to decide questions which arise in the execution
of the work.
4. ENGINEER’S DECISIONS. The Engineer shall, within a reasonable time,
make decisions on all claims of the Contractor and on all other matters relating to the
execution and progress of the work or the interpretation of the contract documents.
All such decisions of the Engineer shall be final except as to the element of time and
financial consideration involved, which, if no agreement in regard thereto is reached, shall be
subject to the dispute resolution procedures identified herein .
5. STAKES AND INSTRUCTIONS. The Contractor shall provide reasonable and
necessary opportunities and facilities for setting stakes and making measurements.
The Contractor shall not furnish stakes or men to set them. He shall not proceed until
he has received from the Engineer such stakes and instructions as may be necessary to the
progress of the work.
The Contractor shall carefully preserve bench marks, reference points, and
GENERAL SPECS FOR CONSTRUCTION CONTRACT 1080 Page 6 of 15
stakes, and in case of willful or careless destruction, he shall be charged with the resulting
extra expense and shall be responsible for any mistakes that may be caused, by their
loss or disturbance.
6. SUPERINTENDENCE. The Contractor shall keep on his work during its
progress a competent superintendent and any necessary assistants, all satisfactory to
the Engineer. The Superintendent shall not be changed except with the consent of the
Engineer, unless the Superintendent proves to be unsatisfactory to the Contractor and
ceases to be in his employ. The Superintendent shall represent the Contractor in his
absence, and all directions given to him shall be as binding as if given to the Contractor.
Important decisions shall be confirmed in writing to the Contractor. Other directions shall
be so confirmed on written request in each case.
The Contractor shall give efficient supervision to the work using his best skill and
attention. He shall carefully study and compare all drawings, specifications, and other
instructions, and shall report at once to the Engineer any error, inconsistency, or omission
which he may discover.
7. REMOVAL OF UNAUTHORIZED WORK. Work done without lines and
grade being given, work done beyond lines shown on the plans or as given, except as
herein provided, or any extra or additional work done without authority, will be considered
as unauthorized and at the expense of the Contractor and will not be paid for under the
provisions of the Contract. Work so done may be ordered removed and replaced at the
Contractor’s expense.
8. REMOVAL OF DEFECTIVE MATERIALS OR WORK. The Contractor shall
promptly remove from the premises all materials condemned by the Engineer as failing to
conform to the Contract; whether incorporated in the work or not, and the Contractor shall
promptly replace and re-execute his own work in accordance with the contract and
without expense to the City, and shall bear the expense of making good all work of other
Contractors destroyed or damaged by such removal or replacement.
If the Contractor does not remove such condemned work and materials within a
reasonable time, fixed by written notice, the City may remove them and may store the
material at the expense of the Contractor. If the Contractor does not pay the expense of
such removal within a reasonable time thereafter, the City may, upon ten (10) days’
written notice, sell such materials at auction or at private sale and shall account for the
net proceeds thereof, after deducting all the costs and expense that should have been
borne by the Contractor; or, if the net proceeds of such sale are insufficient to pay the
expenses of removal, the City may deduct the balance from any amounts due the
Contractor.
9. MATERIALS, EQUIPMENT, APPLIANCES, AND FACILITIES. Unless
otherwise stipulated, the Contractor shall provide and pay for all materials, labor, water,
tools, equipment, light, power, transportation, and other facilities necessary for the
execution and completion of the work. Materials shall be of the quality specified for each
particular part of the work.
Whenever, in construction of the work or in the manufacture of any article of appliance
necessary for the construction or operation of the work, it is necessary to use any material
that is not fully specified in these specifications, it shall be of good quality and shall meet
with the approval of the Engineer.
Any appliance that is necessary for the construction or operation of the work and is commonly
recognized as a part of the work, shall be furnished by the Contractor as part of the work,
whether or not it is specifically called for in the plans and specifica tions, and such appliance
GENERAL SPECS FOR CONSTRUCTION CONTRACT 1080 Page 7 of 15
shall be of good quality and standard make and shall meet with the approval of the
Engineer.
10. MATERIAL SAMPLES. Before the contract is awarded, the bidder may be
required to furnish a statement of the origin, composition, and manufacture of any and all
materials proposed for use in the performance of the Contract, together with samples of
the material. These samples will be considered as representative and typical of the
material to be obtained from any particular source.
11. CHARACTER OF WORKMEN AND EQUIPMENT. The Contractor shall
employ competent and efficient workmen for every kind of work. Any person employed on
the work who shall refuse or neglect to obey the directions of the Engineer or Inspector,
or who shall be deemed incompetent or disorderly, or who shall commit trespass upon
public or private property in the vicinity of the work, shall be dismissed when the Engineer
so orders, and shall not be re-employed unless express permission be given by the
Engineer. The Contractor shall, at all times, enforce discipline and good order among his
employees.
The methods, equipment, and appliances used on the work, and the labor employed,
shall be such as will produce a satisfactory quality of work and shall be adequate to
complete the contract within the specified time limit.
12. HIRING CITY EMPLOYEES. The Contractor shall not employ and hire any of
the City’s employees without the permission of the Engineer.
13. LABOR. Local labor shall be given preferences so far as practicable.
14. THE CITY’S RIGHT TO DO WORK. If the Contractor should
neglect to prosecute the work properly or fail to perform any provision of this Contract, the
City of Waterloo, after three (3) days’ written notice to the Contractor may, without prejud ice
to any other remedy he may have, make good such deficiencies and may deduct the cost
thereof from the payment then or thereafter due the Contractor, provided, however, that the
Engineer shall approve both such action and the amount charged to the Contractor.
SECTION D - PROCEDURE AND PROGRESS
1. ORDER OF COMPLETION - USE OF COMPLETED PORTIONS. The
Contractor shall complete any portion or portions of the work in such order or time as the
Engineer may require. The City shall have the right to take possession of a use
completed or partially completed portion of the work at any time, but such taking
possession and use shall not be deemed an acceptance of work so taken or used, or
any part thereof. If such prior use increases the cost of or delays the work, the Contractor
shall be entitled to such extra compensation or extension of time, or bo th, as the Engineer
may determine.
2. WEATHER. During stormy or inclement weather, all work shall be
suspended, except such as can be done in an acceptable manner. Permission to work
during freezing, stormy, or inclement weather shall in no way be construed as a release
of the Contractor’s responsibility regarding the quality of the finished work at such time.
3. SUNDAYS AND LEGAL HOLIDAYS. Except for such work as may be
required to properly maintain or protect completed or partially completed construction or
to maintain lights and barricades, no work will be permitted on Sundays or legal holidays
GENERAL SPECS FOR CONSTRUCTION CONTRACT 1080 Page 8 of 15
without specific permission of the Engineer.
4. DELAYS AND EXTENSION OF TIME. If the Contractor be delayed in the
completion of the work by an act of neglect of the City, or its employees; or by any other
Contractor employed by the City; or by changes ordered in the work; or by strikes,
lockouts, fire, unusual delays in transportation, unavoidable casualties, or any cause
beyond the Contractor’s control; or by delay authorized by the Engineer pending dispute
resolution procedures or by any cause which the Engineer shall decide justifies the delay,
then the time of completion shall be extended for such reasonable time as the Engineer
may decide will compensate for such delay. No such extension shall be made for delay
occurring more than thirty (30) days before claim therefor is made in writing to the
Engineer. In the case of a continuing cause of delay, only one claim is necessary.
This article does not exclude the recovery of damages for delay by either party under
provisions in the contract documents.
5. TEMPORARY SUSPENSION OF WORK. The Engineer shall have
authority to suspend the work, wholly or in part, for such period or periods of time as he
may deem necessary, due to unsuitable weather or such other conditions as are
considered unfavorable for the suitable prosecution of the work, or for such time as is
necessary due to the failure to the Contractor to carry out orders given or to perform any
or all provisions of the Contract.
6. NOTICES - HOW SERVED. Any notice to be given by the City to the
Contractor under this contract shall be deemed to be served if the same be delivered to
the man in charge of any office used by the Contractor or his foreman or agent at or
near the work, or deposited in the post office, postpaid, addressed to the Contractor at
his last known place of business.
7. PROGRESS OF WORK. The progress of the work shall be such that, at
the expiration of one-fourth (1/4) of the contract period, one-eighth (1/8) of the work shall
be completed; at the expiration of one-half (1/2) of the contract period, three-eighths (3/8)
of the work shall be completed; at the expiration of three -fourths (3/4) of the contract
period, the work shall be three-fourths (3/4) completed, and the whole work shall be
completed at the expiration of the contract period.
If, at any time the above schedule is not being maintained, the Council may give
written notice to the Contractor and his sureties that the specifications are not b eing complied
with. Such notice shall state what action on the part of the Contractor is required to bring the
work within the requirements of the specifications. If the Contractor fails, within ten (10) days,
to proceed as directed in the said notice, then the Council shall have authority to annul this
contract without process or action at law and take over the prosecution and completion of the
work, as provided under the article covering City’s right to terminate contract.
8. CITY’S RIGHT TO TERMINATE CONTRACT. If the Contractor should be
adjudged a bankrupt; or if he should make a general assignment for the benefit of his
creditor; or if a Receiver should be appointed on account of his insolvency; or if he should
persistently or repeatedly refuse or should fail, except in cases for which extension of time
is provided, to supply enough skilled workmen or proper materials; or if he should fail to
make prompt payment to Subcontractors or for materials or labor; or if he should
persistently disregard laws, ordinances, or the instructions of the Engineer; or if he should
otherwise be guilty of a substantial violation of any provision of the contract, then the City,
upon the certificate of the Engineer that sufficient cause exists to justify such action, may,
without prejudice to any other rights or remedy, and after giving the Contractor seven (7)
days’ written notice, terminate the employment of the Contractor and take possession of
the premises and of all materials, tools and appliances thereon and finish the work by
GENERAL SPECS FOR CONSTRUCTION CONTRACT 1080 Page 9 of 15
whatever method he may deem expedient. In such cases, the Contractor shall not be
entitled to receive any further payment until the work is finished.
If the unpaid balance of the contract price shall exceed the expenses of finishing
the work, including compensation for additional managerial and administration services,
such excess shall be paid to the Contractor. If such expense of finishing the work shall
exceed such unpaid balance, the Contractor shall pay the difference to the City. The
expense incurred by the City as herein provided and the damage incurred through the
Contractor’s default shall be certified by the Engineer.
9. REMOVAL OF EQUIPMENT. In the case of annulment of this contract
before completion, from any cause whatsoever, the Contractor, if notified to do so by the
City; shall promptly remove any part or all of his equipment and supplies from the
property of the City, failing which, the City shall have the right to remove such equipment
and supplies at the expense of the Contractor.
SECTION E - MEASUREMENTS AND PAYMENT
1. STANDARD OF MEASUREMENT. All work completed under the contract
shall be measured by the Engineer according to the United States standard measures.
2. SCOPE OF PAYMENTS. The Engineer’s measurements of quantities shall
be the basis for final payment for the work performed under this Contract. After the work
is completed, the Engineer will make measurements and computations of the number of
units of each of the various items of work completed, and the Contractor will be paid for
the actual amount of work performed at the rates specified in his Proposal. Before final
settlement is made, the Council may require the Contractor to submit a list of all persons
furnishing labor or materials, with evidence that such persons have been paid in full.
Payment shall be made in the manner set forth in official publications and Council
Proceedings relative thereto.
3. PAYMENT FOR EXTRA WORK. Such extra work as may have been
ordered by the Engineer and performed by the Contractor shall be compensated for as
provided herein. If work is to be done or materials are to be furnished by the Contractor
which cannot properly be classified under unit prices included in the Proposal, the
Contractor shall be paid therefor the actual reasonable cost of the labor and materials
entering permanently in such work, plus fifteen percent (15%) of the cost thereof. In
computing the labor cost on such extra work, the following items shall be included:
(a) Actual payroll expenditures for labor at the current rate therefor, and cost
of materials.
(b) Pay of foreman and timekeepers for actual time required on the extra work.
(c) Liability insurance, prorated, for the extra work .
Labor cost items on extra work shall be furnished in duplicate by the Contractor to the
Inspector daily. The Inspector shall check the items, and if he finds them to be correct, he
shall so certify on the statement of cost, returning one copy to the Contractor and filing one
copy with the Engineer.
The Engineer shall determine the cost of materials entering into extra work from
the materials and receipted freight bills for the same.
For any special machine, power tools, or equipment, including fuel and lubricants,
but not including small hand tools, which may be deemed necessary or desirable to use,
GENERAL SPECS FOR CONSTRUCTION CONTRACT 1080 Page 10 of 15
the Contractor shall be allowed a reasonable rental thereon, to be agreed upon in writing
by the Engineer before such work is begun, and to which sum no percentage is to be
added.
The item of cost shall not include repairs or replacement of equipment or overhead
expenses of any character. The fifteen percent (15%) allowed is considered to cover the
use of hand tools and all overhead expenses except liability insurance. In no case will a
claim for extra compensation be allowed unless the work upon which the claim is based
has been ordered in writing, except as provided hereinafter.
4. CLAIMS FOR EXTRA COST. If the Contractor claims that any instructions, by
drawings or otherwise, involved extra cost under this contract, he shall give the Engineer
written notice thereof within ten (10) days after completion of the work.
No such claim shall be valid unless so made.
5. CLAIMS FOR EXTRA COMPENSATION. If the Contractor deems that extra
compensation is due him for work and/or materials that he considered is not clearly covered
in the items for which he submitted unit prices in his bid and that were not ordered in writing
by the Engineer as an extra heretofore provided, the Contractor shall notify the Engineer, in
writing, of his intention to make claim for extra compensation for work and/or material before
starting construction. If such written notification is not given or the Engineer is not afforded
proper facilities by the Contractor for keeping strict account of actual cost as defined herein,
then the Contractor hereby agrees to waive the claim for extra compensation. Such notice
to the Engineer and the fact that the Engineer has kept account of cost as aforesaid, shall
not in any way be construed as proving the validity of the claim, which must be passed upon
by the Council. In the event that the Council finds the claim to be just, it shall be all owed and
paid for as extra work as provided herein.
6. COMPLETION REPORT AND OBJECTIONS THERETO. Within ten (10)
days after the full completion of the work to be done under this contract, the Engineer
shall make a written statement of all the work done by the Contractor hereunder, stating
the quantity of each item as found by him and including a statement of all credits for extra
work and all credits or debits for changes, alterations, omissions, and defects, and shall
forthwith deliver a copy of such statement to the Contractor. The Contractor shall
compare such statement with his own records and shall then, in writing, either approve
such statement or point out any claimed errors or omissions. If any of such claims are
found correct, the Engineer shall, within ten (10) days, prepare a new statement, a copy
of which shall in like manner be delivered unto the Contractor. The Engineer will not file a
formal completion report with the City until the Contractor has approved the same.
If the figures of the Engineer and the Contractor cannot be reconciled, or there is a
difference of opinion regarding some item or items, then such difference of opinion shall
be submitted to the dispute resolution procedures as hereinafter provided, and such
resulting decision shall be final, and the Engineer shall, within a period of five (5) days
thereafter, file his completion report.
Before action by the City Council upon such completion report, the Contractor shall also
file a written statement of any claims he may have a gainst the City, other than those
shown by such completion report, growing out of this contract or the work done
hereunder. The City shall retain five percent (5%) of the amount due the Contractor on
the completion report for a period of thirty (30) days. If no claims are filed against the
Contractor within thirty (30) days, the final five percent (5%) shall then be paid to the
Contractor.
7. WAIVER. By the execution of this contract ,the Contractor agrees that any
GENERAL SPECS FOR CONSTRUCTION CONTRACT 1080 Page 11 of 15
objections he may have to the statement of the amount of work done hereunder included
by the Engineer in this completion report, and any claims of the Contractor against the
City growing out of this contract and the work done hereunder which are not stated in
writing in the manner and within the time provided in Section E hereof, shall be waived,
and no such claim shall thereafter be asserted against the City.
SECTION F - LEGAL RELATIONS AND RESPONSIBILITIES
1. LAWS RELATING TO WORK. The Contractor is presumed to be familiar
with all laws, ordinances, and regulations which may, in any manner, affect those
engaged or employed upon the work or the materials or equipment used in or upon the
work, and shall conduct the work so as not to conflict with such laws, ordinances, and
regulations.
2. PROTECTION OF WORK AND PROPERTY. The Contractor for any part
of the improvement shall be held responsible for the care of materials and of partially
completed and completed work until final acceptance of the same by the Council. He will
be required to make good at his own expense any damage which the work may sustain
from any cause prior to the filing of the engineer’s certificate of completion. He shall take
all risk from floods and casualties of every description and make no charge for delay due
to such cause. He may, however, be allowed a reasonable extension of time on account
of such delays. He shall correct or make good at his own expense all damages to
adjacent property due to the acts or negligence of his employees of the prosecution of
his work, and save the City harmless therefor.
The Contractor shall be held liable and responsible for all damages done to water, sewer,
drain, or other underground pipes and structures, and to sidewalks and private property.
3. RESPONSIBILITY FOR ACCIDENTS. The Contractor shall assume full
responsibility for all damages sustained by persons or property due to the carrying on of his
work until final acceptance thereof, or until released by the Engineer in writing.
4. LIABILITY INSURANCE. The Contractor shall carry liability insurance which
shall save the City harmless and protect the public and any person from injury sustained
by the reason of the prosecution of the work or the handling or storing of materials
therefor, and said Contractor shall also carry liability insurance which shall meet the
requirements of the Iowa Worker’s Compensation Law.
Before work shall be started on this contract, the Contractor shall furnish the City Clerk with
proper affidavit or Affidavits executed by representatives of duly qualified insurance
companies, evidencing that said insurance company or companies have issued liability
insurance policies, effective during the life of the contract, or for a period of a least ten (10)
days following the filing of written notice of cancellation, protecting the public and any person
from injuries or damages sustained by reason of carrying on the work involved in the
Contract. The affidavit shall specifically evidence the following forms of insurance protection:
(a) Public liability insurance covering all operations performed by persons
directly employed by the Contractor.
(b) Public liability insurance covering all operations performed by any
Subcontractor to whom a portion of the work may have been assigned.
(c) Public liability insurance covering all work upon the project performed by
any independent Contractor working under the direction of either the
principal Contractor or a Subcontractor.
(d) Motor vehicle bodily injury liability insurance and property damage
GENERAL SPECS FOR CONSTRUCTION CONTRACT 1080 Page 12 of 15
liability insurance on all motor vehicles employed on the work, whether
owned by the Contractor or by other persons, firms, or corporations.
(e) The minimum protection shall be as follows:
Comprehensive General Liability Insurance
General Aggregate Limit
$ 5,000,000.00
Products—Completed Operations Aggregate Limit
$ 5,000,000.00
Each Occurrence Limit $ 5,000,000.00
Comprehensive Automobile Liability Insurance
$ 1,000,000.00
The Contractor shall have the City of Waterloo, Iowa, named as an "Additional Named
Insured" and it must be stated on the certificate. Coverage shall be written on a primary and
non-contributory basis and shall include a waiver of subrogation in favor of the City of
Waterloo. A certificate, or a policy if requested, shall be filed with the Owner.
All certificates and/or policies of insurance furnished by the Contractor to be filed with the
City Clerk shall include the name and address of the agency issuing the same. It shall also
be required that the City Clerk be notified by registered mail of the cancellation or expiration
of the above insurance.
To the fullest extent permitted by law the Contractor shall defend, indemnify, and hold harmless
the City and the Engineer and their agents, representatives, officers and employees
(“Indemnitees”) from and against all claims, damages, losses and expenses, including but not
limited to attorneys’ fees, arising out of or resulting from or in connection with the performance of
the Work, provided that any such claim, damage, loss or expense is caused in whole or in part by
any act or omission of the Contractor, anyone directly or indirectly employed by it or anyone for
whose acts any of them may be liable. Such obligation shall not be construed to negate, abridge,
or otherwise reduce any other right or obligation of indemnity or contribution which would
otherwise exist as to any party or person described in the Contract Documents.
In any and all claims against the Owner or Engineer or any of their agents, officers or employees
by any employee of the Contractor, any Subcontractor, any person directly or indirectly employed
by any of them or anyone for whose acts may be liable, the indemnification obligation under this
Subsection 4 shall not be limited in any way by any limitation on the amount or type of damages,
compensation or benefits payable by or for the Contractor or any Subcontractor under workers’
compensation acts, disability benefit acts or other employee benefit acts.
All policies shall be in form and with insurance carriers acceptable to the City of Waterloo. Each
such policy shall provide that thirty (30) days’ prior written notice of cancellation must be given to
City before cancellation of the policy will be effective. Contractor will take all steps required to
prevent all such insurance from lapsing or being canceled.
5. BARRICADES AND SIGNS. The Contractor shall, at his own expense and
without further or other order, provide, erect, and maintain, at a ll times during the
progress and suspension of the work and until completion and final acceptance thereof,
suitable and requisite barricades, signs, or other adequate protection, as required by the
latest edition of the "Iowa Manual on Uniform Traffic Control Devices for Streets and
Highways" and shall provide, keep, and maintain such barricades, signs, etc., as may be
required or as may be ordered by the City Engineer, to insure the safety of the public as
GENERAL SPECS FOR CONSTRUCTION CONTRACT 1080 Page 13 of 15
well as those engaged on the work. All barricading plans shall be approved by the City
Engineer.
6. ROYALTIES AND PATENTS. The Contractor shall pay all royalties and
license fees. He shall defend all suits or claims for infringement of any patent rights and
shall save the City harmless from loss on account thereof, except that the City shall be
responsible for all such loss when a particular process or the product of a particular
manufacturer is specified.
7. PERMITS AND REGULATIONS. Permits and licenses of a temporary
nature for the prosecution of the work shall be secured and paid for by the Contractor.
Permits, license, and easements for permanent changes in existing facilities shall be
secured and paid for by the City.
8. CLAIMS FOR DAMAGES. Any claim for damages arising under this
Contract shall be made in writing to the party liable within a reasonable time of the first
observance of such damage and no later than the time of final payment, except as
expressly stipulated otherwise in the case of faulty work or materials and shall be
adjusted by agreement or by dispute resolution procedures as identified herein.
The Contractor shall be held for the payment of all just claims against him arising out
of the prosecution of this contract, and his bond will not be released until such claims are
paid or dismissed.
9. ASSIGNMENT OF CONTRACT. The Contractor shall not sell or assign the
contract or sublet any portion of the work provided for therein without the written consent of
the City Council.
10. SUBCONTRACTORS. The Contractor shall, as soon as practicable after
the signature of the contract, notify the Engineer in writing of the names of the
Subcontractors proposed for the work and shall not employ any that the Engineer may,
within a reasonable time, object to as incompetent or unfit.
The Contractor agrees that he is as fully responsible to the City for the acts and
omission of his Subcontractors and of persons either directly or indirectly employed by
them as he is for the acts and omissions of persons directly employed by him.
Nothing contained in the contract documents shall create any contractual relation
between any Subcontractor and the City.
11. DISPUTE RESOLUTION PROCEDURES. The parties shall endeavor to
resolve their disputes by mediation which, unless the parties mutually agree otherwise, shall
be administered in accordance with Iowa Code Chapter 679C, as amended. A request for
mediation shall be made in writing, and delivered to the other party to the Contract. The
request may be made concurrently with the filing of binding dispute resolution proceedings
but, in such event, mediation shall proceed in advance of binding dispute resolution
proceedings, which shall be stayed pending mediation for a period of 60 days from the date
of filing, unless stayed for a longer period by agreement of the parties or court order.
The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be
held in the place where the Project is located, unless another location is mutually agreed
upon. Agreements reached in mediation shall be enforceable as settlement agreements in
any court having jurisdiction thereof.
For any dispute not resolved by mediation, the method of binding dispute resolution shall be
litigation in the Iowa District Court for Polk County.
GENERAL SPECS FOR CONSTRUCTION CONTRACT 1080 Page 14 of 15
In the event the City should prevail in any legal proceedings arising out of the performance or non-
performance of this Contract, the Contractor shall pay, in addition to any damages, all expenses of
such action including reasonable attorney's fees, all expert witness fees, costs, and litigation
expenses incurred by the City, including those incurred on appeal. The terms “costs and expenses”
are not limited to the costs and expenses traditionally taxed as court costs. The term “legal
proceedings” shall be deemed to include any arbitration, administrative proceedings, and all appeals
from any and all of the foregoing.
12. PERFORMANCE, PAYMENT AND MAINTENANCE BONDS. The Contractor
shall, at the time of execution and delivery of this contract and before the taking effect of
same, furnish and deliver to the City written bonds of indemnity to the amount required by
law in form and substance, and with surety thereon satisfactory and acceptable to the City,
to ensure the faithful performance and payment by the Contractor of all the covenants and
agreements on the part of the Contractor contained in this contract. These bonds shall remain
in force and effect for the full amount of the Contract. The Contractor shall further provide a
maintenance bond guaranteeing the maintenance of the contract improvements for a period
of two (2) years from and after completion of said improvements and their acceptance by the
City.
13. PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the
provisions of the Contract or in exercising any power or authority granted him thereby,
there shall be no liability upon the Engineer or his authorized assistants, either personally
or as an official of the City, it being understood that in such matters he acts as the agent
and representative of the City.
14. JURISDICTION. Any action in Court against the Contractor or sureties on his
bond because of damages to property or individuals by said Contractor or his workmen, or
because of the violation of any provisions of the specifications, or on account of the failure
of said Contractor to comply fully with these provisions, shall be brought in the District Court
of the State of Iowa in and for Black Hawk County.
15. TERMINATION OF RESPONSIBILITY. The Contract shall be considered
as completed and the Contractor released from further obligations except as to the
requirements of his bond, after the work has been completed and finally accepted and
final estimates have been allowed and the completion report of the engineer has been
filed and approved by the Council.
16. CITY’S LEGAL RIGHTS. The City shall not be precluded by any
measurements, estimate, or certificate made, either before or after the completion and
acceptance of the work and payment therefor, from showing the true amount and
character of the work performed and materials furnished by the Contractor, or from
showing that any such measurement, estimate, or certificate is untrue or incorre ctly
made, or the work or materials do not, in fact, conform to the Contract.
The City shall not be precluded, notwithstanding any such measurements, estimate, or
certificate and payment in accordance therewith, from recovering from the Contractor and his
surety such damages as it may sustain by reason of his failure to comply with the terms of
the Contract. Neither the acceptance by the City or any of its representatives, nor any
payment for or acceptance of the whole or any part of the work, nor any e xtension of time,
nor any possession taken by the City, shall operate as a waiver on any portion of the contract
or of any power herein reserved, or any right to damages herein provided. A waiver of any
breach of the contract shall not be held to be a waiver of any other or subsequent breach.
17. DIVISION 2 WORK. The Contractor agrees that the City of Waterloo reserves the
GENERAL SPECS FOR CONSTRUCTION CONTRACT 1080 Page 15 of 15
right to remove the Division 2 work from this Contract on or before June 1, 2023. Such removal
will occur if the City accepts a federal award for the Division 2 work. The Contractor agrees that
if the Division 2 work is removed from the Contract, that the final contract price shall be reduced
by an amount equivalent to the bid price associated with the Division 2 work. No additional price
adjustments to the Contractor or penalties to the City of Waterloo shall be allowed.
SUPPLEMENTAL GENERAL SPECIFICATIONS FOR CONSTRUCTION
1. SUBCONTRACTS
The contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the
work to require compliance by each subcontractor with the applicable provisions of the contract
for the improvements embraced in this contract.
2. REVIEW BY THE CITY OF WATERLOO
The City of Waterloo, its authorized representatives and agents, shall at all times have access to
and be permitted to observe and review all work, materials, equipment, payrolls, personnel
records, employment conditions, material invoices, and other relevant data and records pertaining
to this contract, provided, however, that all instructions and approval with respect to the work will
be given to the contractor only by the City of Waterloo through its authorized representative or
agents.
3. INSPECTION
a. The contractor shall furnish promptly all materials reasonably necessary for any tests, which may
be required. All tests by the City of Waterloo will be performed in such manner as not to delay the
work unnecessarily and will be made in accordance with the provisions of the Technical
Specifications.
b. Inspection of materials and appurtenances to be incorporated in the improvements embraced
in this contract may be made at the place of production, manufacture or shipment, whenever
the quantity justifies it, and such inspection and acceptance, unless otherwise stated in the
Technical Specifications, shall be final, except as regards (1) latent defects, (2) departures from
specific requirements of the contract, (3) damage or loss in transit, or (4) fraud or such gross
mistakes as amount to fraud. Subject to the requirements contained in the preceding sentence,
the inspection of materials as a whole or in part will be made at the project site.
4. WARRANTY OF TITLE
No material, supplies, or equipment to be installed or furnished under this contract shall be
purchased subject to any chattel mortgage or under a conditional sale, lease-purchase or other
agreement by which an interest therein or in any part thereof is retained by the seller or supplier.
The contractor shall warrant good title to all materials, supplies, and equipment installed or
incorporated in the work and upon completion of all work, shall deliver the same together with all
improvements and appurtenances constructed or placed thereon by him to the City of Waterloo
free from any claims, liens, or charges. Neither the contractor nor any person, firm, or corporation
furnishing any material or labor for any work covered by this contract shall have any right to a lien
upon any improvement or appurtenance thereon. Nothing contained in this paragraph, however,
shall defeat or impair the right of persons furnishing materials or labor to recover under any bond
given by the contractor for their protection or any rights under any law permitting such persons to
look to funds due the contractor in the hands of the City of Waterloo. The provisions of this
paragraph shall be inserted in all subcontracts and material contracts and notice of its provisions
shall be given to all persons furnishing materials for the work when no formal contract is entered
into for such materials.
SUPP GEN SPECS FOR CONSTRUCTION Page 1 of 1
FORM OF CONTRACT FOR THE CONSTRUCTION OF
FY 2023 CONSTRUCTION OF A FIBER-TO-THE-PREMISE FEEDER/DISTRIBUTION
AND BACKBONE NETWORK PROJECT
CITY OF WATERLOO, IOWA
CONTRACT NO. 1080
This contract made and entered into this day of , 20 , by and between the City of Waterloo,
Iowa, a Municipal Corporation, (hereinafter referred to as City), and of, ,
(hereinafter referred to as Contractor), WITNESSETH:
PAR. 1 Contractor agrees to build and construct the FY 2023 Construction of a Fiber-to-the-premise
Feeder/Distribution and Backbone Network Project
and furnish all necessary tools, equipment, materials, and labor necessary to do all the work called for
in the plans and specifications in a workmanship like manner and for the prices set forth in Contractor's
proposal, which was accepted by the City, and which is understood and agreed to be a part of this
contract.
PAR. 2 The term “Contract” means and includes the following:
A. Notice of Public Hearing
B. Notice to Bidders
C. Instructions to Bidders
D. Proposal
E. Bid Bond
F. Contract
G. Performance Bond
H. Payment Bond
I. Maintenance Bond
J. General Specifications for Construction
K. Construction Design Drawings
L. Bill of Material and Labor
M. Fiber Optic Network Design and Construction Specifications
N. Notice to Proceed
It is expressly understood and agreed that in addition to the documents listed above, the Contract
includes any engineering data which may be furnished by the Contractor and approved by the City,
together with such additional Drawings which may be furnished by the Engineer from time to time as
are necessary to make clear and to define in greater detail the intent of the Plans and Specifications.
That several parts of the Contract are complementary, and what is called for by any one shall be as
binding as if called for by all. The intention of the Contract is to include the furnishing of all materials,
labor, tools, equipment and supplies necessary for completion of the contract obligations. Materials
or work described in words which so applied have a well-known technical or trade meaning shall be
held to refer to such recognized standards. In the event of a conflict between a ny of the contract
documents, the Contractor is to provide the greater quantity and/or better quality, unless otherwise
directed in writing by the Engineer.
PAR. 3 The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said
work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in
strict accordance with the requirements of this contract, and of the plans and specifications made a part
hereof by reference, and to the satisfaction and approval of the City and its engineer.
PAR. 4 The Contractor agrees to perform said work and install said improvements on the terms set out in bid
or proposal to the City which has been accepted by the City and which is by reference made a part of
this contract.
PAR. 5 The Contractor agrees to commence said work within five (5) working days after receipt of "Notice to
Proceed" and complete it on or before December 31, 2026 unless an extension of time is granted in
writing by the Council of the City. If the work is not completed within the specified contract period, plus
authorized extensions, the Contractor shall pay to the City Liquidated Damages in the amount of one
thousand dollars ($1,000.00) per day, for each day, as further described herein, in excess of the
authorized time.
PAR. 6 Should the Contractor fail to complete said improvements in strict accordance with the terms and
conditions of this contract, or the plans and specifications therefor promptly by the date herein specified,
the City may pay such additional sums as it may be required to pay by reason of the failure of said
contractor and deduct any and all such sums from any amount then due the Contractor.
PAR. 7 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to
the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any
excavations in any street or alley, and maintaining proper and sufficient barricades with lights and
signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the
City whole and defend any and all suits that may be brought against the City by reason of any injuries
that may be sustained by any person or property allegedly caused by the Contractor, or his agents,
while work is done pursuant to this agreement.
PAR. 8 The Contractor agrees that in the event a law suit is brought against the City for damages allegedly
sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of
any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug
by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit
and save the City harmless therein, and in case judgment is rendered against the City, the Contractor
agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent
company in a sufficient amount to protect the City and those who use the streets of the City.
PAR. 9 The City shall have the right to appoint one or more construction reviewers who shall review the
progress of the work in detail; also, to make any test or any material to be used in such work. No
material shall be used in any work until the same has first been approved by the construction reviewer.
Such construction reviewer shall have full authority to pass judgment upon all materials and upon the
manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work
shall be final unless it is revoked or modified by the City Engineer.
PAR. 10 Any material, which has been rejected by the construction reviewer, shall be at once removed from the
line of work and shall not be again taken thereon or placed with the material proposed to be used without
the written consent of the City Engineer.
PAR. 11 The Contractor shall maintain no cause of action against the City on account of delays and prosecution
of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion
of the job as was lost by reason of the delay caused by the City.
PAR. 12 The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who
shall perform labor or furnish materials entering into this improvement. It is agreed that the City need
not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not
be liable for said labor, material, or men under this contract.
PAR. 13 The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be
provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for
the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract.
Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council, and
is by reference made a part of this contract.
PAR. 14 The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof
for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with
said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address
given herein by the City, or after such notice has been served on it, then the City may proceed to
complete said work, using any material, tools, or machinery found along said line of work, doing the
work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable
to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any
compensation due, or to become due the Contractor, and may be recovered by the City in an action
upon Contractor's bond.
PAR. 15 In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations,
and conditions hereof, or contained in the various instruments made a part of this contract by reference,
and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the
manner set out in the Notice to Bidders, the amount of money due the Contractor for work performed and
accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the City.
PAR. 16 The total amount of the contract, based on the Engineer's estimates of quantities and the Contractor's
unit bid prices, and for which 100% surety bond is required is $ .
PAR. 17 After the completion of said work, the Contractor agrees to remove all debris and clean-up said streets,
and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove
the debris or put the street back in a proper condition for travel.
PAR. 18 This contract is not divisible, but in the event of a conflict between this contract and the various
instruments incorporated by reference, this contract shall govern.
PAR. 19 Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall
execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same
to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which
bond is in addition to the bond given by the Contractor to guarantee the completion of the work.
PAR. 20 The Contractor shall maintain all work done hereunder in good order for the period of two (2) years from
and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be
made without expense to the City or the abutting property. In the event of the failure or default of the
Contractor to remedy any or all defects appearing in said work within a period of two (2) years from the
date of its acceptance by said Council, and after having been given ten (10) days notice so to do by
registered letter deposited in the United States Post Office in said town, addressed to said contractor at
the address herein given, then the City may proceed to remedy such defects. The costs and expenses
thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action
brought in any court of competent jurisdiction.
PAR. 21 The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk
thereof not more than four (4) and not less than three (3) months prior to the expiration of the term during
which the Contractor is required to maintain said improvements, in good repair by the terms of its
Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said
improvements shall continue until three (3) months after such notice has been given to the City, and, in
any event, until two (2) years after the acceptance of the work.
PAR. 22 The Contractor agrees that the City of Waterloo reserves the right to remove the Division 2 work from
this Contract on or before June 1, 2023. Such removal will occur if the City accepts a federal award for
the Division 2 work. The Contractor agrees that if the Division 2 work is removed from the Contract, that
the final contract price shall be reduced by an amount equivalent to the bid price associated with the
Division 2 work. No additional price adjustments to the Contractor or penalties to the City of Waterloo
shall be allowed.
CITY OF WATERLOO, IOWA
Mayor
City Clerk
Contractor
BY:
Title:
Approved by the City Council of the City of Waterloo, Iowa, this
day of , 20 .
ATTEST: , City Clerk
Waterloo, Iowa
SURETY BOND NO.
PERFORMANCE, PAYMENT, AND MAINTENANCE BOND
KNOW ALL BY THESE PRESENTS:
That we, __________________________________________________________________, as Principal
(hereinafter the “Contractor” or “Principal” and ____________________________________________, as
Surety are held and firmly bound unto __________________________________________________ , as
Obligee (hereinafter referred to as “the Jurisdiction”), and to all persons who may be injured by any breach of
any of the conditions of this Bond in the penal sum of
____________________________________________________________________________________
dollars ($____________________), lawful money of the United States, for the payment of which sum, well
and truly to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly or severally,
firmly by these presents.
The conditions of the above obligations are such that whereas said Contractor entered into a contract with the
Jurisdiction, bearing date the _______ day of ___________________, _________, hereinafter the “Contract”)
wherein said Contractor undertakes and agrees to construct the following described improvements:
CONSTRUCTION OF A FIBER-TO-THE-PREMISE FEEDER/DISTRIBUTION AND BACKBONE
NETWORK PROJECT, CONTRACT NO. 1080
The improvement includes the construction of the necessary components to create the high-speed FTTP
XGS-PON communications Network (the Project) within the City’s defined Service Area and prepare it
to deliver backbone and fiber-to-the-home services. The system shall be a fully operational high-speed
communications network supporting Internet protocol technology and allowing users access to and from
the Internet. The Project requires the construction of a Fiber to the Premise feeder/distribution and a
backbone network which will support XGS-PON technologies to be utilized to deliver best-effort and
guaranteed services to its customers within the City Service Area.
The design identifies the placement of FDH’s located at the City data center and network PoP’s. These
locations will also house active electronics and splitters in support of the FTTP deployment. Fiber routes
to be built by contractor and operated by the City and the Waterloo Telecommunications Utility will be
utilized to interconnect these FDHs in a fiber ring topology.
Fiber routes are laid out logically to economically connect each service area back to the local cabinet
located at the headend or alternate node site. Architecture is a star design for the feeder network and a
ring connecting network nodes.
The Project will be located at various locations throughout the City.
The City has active grant applications into federal funding agencies for portions of the backbone only
(Division 2 work). In the event of a grant award, the City reserves the right to remove the Division 2
work from this Contract, with a reduction in fee to the Contractor equivalent to the bid price associated
with the Division 2 work. The City anticipates that a decision regarding the Division 2 work will be made
on or before DATE.
(CON’T – PERFORMANCE, PAYMENT, AND MAINTENANCE BOND)
and to faithfully perform all the terms and requirements of said Contract within the time therein specified, in
a good and workmanlike manner, and in accordance with the Contract Documents. Provided, however, that
one year after the date of acceptance as complete of the work under the above referenced Contract, the
maintenance portion of this Bond shall continue in force but the penal sum for the remaining maintenance
period identified in #3 below shall be reduced to the sum of (insert an estimated dollar value to maintain the
completed project, if lower than the contract price, for the remaining period identified in #3 below,
otherwise delete the sentence) DOLLARS ($______), which is the cost associated with those items shown
on the proposal and in the Contract that require a maintenance bond period in excess of one year.
It is expressly understood and agreed by the Contractor and Surety in this bond that the following provisions
are a part of this Bond and are binding upon said Contractor and Surety, to-wit:
1. PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill, and abide by
each and every covenant, condition, and part of said Contract and Contract Documents, by reference
made a part hereof, for the above referenced improvements, and shall indemnify and save harmless
the Jurisdiction from all outlay and expense incurred by the Jurisdiction by reason of the Contractor’s
default of failure to perform as required. The Contractor shall also be responsible for the default or
failure to perform as required under the Contract and Contract Documents by all its subcontractors,
suppliers, agents, or employees furnishing materials or providing labor in the performance of the
Contract.
2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just claims
submitted by persons, firms, subcontractors, and corporations furnishing materials for or performing
labor in the performance of the Contract on account of which this Bond is given, including but not
limited to claims for all amounts due for labor, materials, lubricants, oil, gasoline, repairs on
machinery, equipment, and tools, consumed or used by the Contractor or any subcontractor, wherein
the same are not satisfied out of the portion of the contract price the Jurisdiction is required to retain
until completion of the improvement, but the Contractor and Surety shall not be liable to said persons,
firms, or corporations unless the claims of said claimants against said portion of the contract price shall
have been established as provided by law. The Contractor and Surety hereby bind themselves to the
obligations and conditions set forth in Chapter 573 of the Iowa Code, which by this reference is made
a part hereof as though fully set out herein.
3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own expense:
A. To remedy any and all defects that may develop in or result from all work except new paving to
be performed under the Contract within the period of two year (s) from the date of acceptance of
the work under the Contract, by reason of defects in workmanship or materials used in
construction of said work; and
B. To remedy any and all defects that may develop in or result from new paving work to be
performed under the Contract within the period of two year (s) from the date of acceptance of the
work under the Contract, by reason of defects in workmanship or materials used in construction
of said work;
C. To keep all work in continuous good repair; and
D. To pay the Jurisdiction’s reasonable costs of monitoring and inspection to assure that any defects
are remedied, and to repay the Jurisdiction all outlay and expense incurred as a result of
Contractor’s and Surety’s failure to remedy any defect as required by this section.
E. Maintenance bond requirements shall not apply to the following: work that is not permanently
incorporated into the project, pavement markings, seeding, sodding, and plant material and
planting.
(CON’T – PERFORMANCE, PAYMENT, AND MAINTENANCE BOND)
4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the contrary
notwithstanding, to the following provisions:
A. To consent without notice to any extension of time to the Contractor in which to perform the
Contract;
B. To consent without notice to any change in the Contract or Contract Documents, which thereby
increases the total contract price and the penal sum of this bond, provided that all such changes
do not, in the aggregate, involve an increase of more than 20% of the total contract price, and that
this bond shall then be released as to such excess increase; and
C. To consent without notice that this Bond shall remain in full force and effect until the Contract is
completed, whether completed within the specified contract period, within an extension thereof,
or within a period of time after the contract period has elapsed and the liquidated damage penalty
is being charged against the Contractor.
D. That no provision of this Bond or of any other contract shall be valid that limits to less that five
years after the acceptance of the work under the Contract the right to sue on this Bond.
E. That as used herein, the phrase “all outlay and expense” is not to be limited in any way, but shall
include the actual and reasonable costs and expenses incurred by the Jurisdiction including
interest, benefits, and overhead where applicable. Accordingly, “all outlay and expense” would
include but not be limited to all contract or employee expense, all equipment usage or rental,
materials, testing, outside experts, attorneys fees (including overhead expenses of the
Jurisdiction’s staff attorneys), and all costs and expenses of litigation as they are incurred by the
Jurisdiction. It is intended the Contractor and Surety will defend and indemnify the Jurisdiction
on all claims made against the Jurisdiction on account of Contractor’s failure to perform as
required in the Contract and Contract Documents, that all agreements and promises set forth in
the Contract and Contract Documents, in approved change orders, and in this Bond will be
fulfilled, and that the Jurisdiction will be fully indemnified so that it will be put into the position
it would have been in had the Contract been performed in the first instance as required.
In the event the Jurisdiction incurs any “outlay and expense” in defending itself against any claim as to
which the Contractor or Surety should have provided the defense, or in the enforcement of the promises
given by the Contractor in the Contract, Contract Documents, or approved change orders, or in the
enforcement of the promises given by the Contractor and Surety in this Bond, the Contractor and Surety
agree that they will make the Jurisdiction whole for all such outlay and expense, provided that the Surety’s
obligation under this bond shall not exceed 125% of the penal sum of this bond.
(CON’T – PERFORMANCE, PAYMENT AND MAINTENANCE BOND)
In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that the venue
thereof shall be _______________ County, State of Iowa. If legal action is required by the Jurisdiction to
enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of the
Jurisdiction, the Contractor and the Surety agree, jointly, and severally, to pay the Jurisdiction all outlay and
expense incurred therefor by the Jurisdiction. All rights, powers, and remedies of the Jurisdiction hereunder
shall be cumulative and not alternative and shall be in addition to all rights, powers, and remedies given to the
Jurisdiction, by law. The Jurisdiction may proceed against surety for any amount guaranteed hereunder
whether action is brought against the Contractor or whether Contractor is joined in any such action(s) or not.
NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully perform all
the promises of the Principal, as set forth and provided in the Contract, in the Contract Documents, and in this
Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect.
When a word, term, or phrase is used in this Bond, it shall be interpreted or construed first as defined in this
Bond, the Contract, or the Contract Documents; second, if not defined in the Bond, Contract, or Contract
Documents, it shall be interpreted or construed as defined in applicable provisions of the Iowa Code; third, if
not defined in the Iowa Code, it shall be interpreted or construed according to its generally accepted meaning
in the construction industry; and fourth, if it has no generally accepted meaning in the construction industry,
it shall be interpreted or construed according to its common or customary usage.
Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not limit
liability hereunder. The Contract and Contract Documents are hereby made a part of this Bond.
Project No. _______________
(CON’T – PERFORMANCE, PAYMENT, AND MAINTENANCE BOND)
PRINCIPAL: SURETY:
Contractor Surety Company
By By
Signature Signature Attorney-in-Fact Officer
Title Printed Name of Attorney-in-Fact Officer
FORM APPROVED BY:
Company Name
Attorney for Jurisdiction Company Address
City, State, Zip Code
Company Telephone Number
NOTE:
1. All signatures on this performance, payment, and maintenance bond must be original signatures in ink;
copies, facsimile, or electronic signatures will not be accepted.
2. This bond must be sealed with the Surety’s raised, embossing seal.
3. The Certificate or Power of Attorney accompanying this bond must be valid on its face and sealed with the
Surety’s raised, embossing seal.
4. The name and signature of the Surety’s Attorney-in-Fact/Officer entered on this bond must be exactly as
listed on the Certificate or Power of Attorney accompanying this bond.
REQUEST FOR PROPOSAL FOR AUDITING SERVICES
FOR THE CITY OF WATERLOO, IOWA
The City of Waterloo, Iowa, is in the process of selecting an independent auditing firm for
the completion of auditing services in conjunction with its Comprehensive Annual
Financial Report for the years ending June 30, 2024, 2025, 2026, 2027, and 2028, with
options to renew annually for an additional two years. The responsibility of the firm
selected will be to render an opinion on the basic financial statements, as well as to render
the appropriate opinion on the City’s compliance with requirements for fe deral programs
under Title 2 of the Code of Federal Regulations, (the Uniform Guidance). If approved by
the Board of Trustees of the municipal utility, audit services must be provided for the
Telecommunication Utility, pursuant to Iowa Code Chapter 388 thru December 31, 2023.
Audit services also must be provided with regard to the schedule of passenger facility
charge revenue in accordance with the Code of Federal Regulations (CFR) 14 Part 158. In
addition, the auditor must also complete certain procedures electronically as required by
the Federal Bureau of the Census for the annual Data Collection Form and the Department
of Housing and Urban Development Real Estate Assessment Center (REAC) for the City’s
Housing Authority in accordance with Code of Federal Regulations (CFR) Part 2003509.
Please see section I of this document for specific requirements.
Key factors when determining the selected firm will be experience with performing similar
services for cities of comparable size to Waterloo, the firm’s ability to perform these
services in a timely manner and the overall fee for providing these services. Please see
sections II and III of this document for additional information.
Deadline for questions and requests for clarification are due by 4:00 p.m., May 5, 2023.
The City of Waterloo’s responses to those questions and requests for clarification is
anticipated to be available by 4:00 p.m., May 15, 2023.
A sealed proposal or electronic PDF to Bridgett Wood at Bridgett.Wood@Waterloo-IA.org
will be accepted until 12:00 p.m., May 23, 2023, at the Finance Department, located on the
first floor of City Hall. If mailed, the proposals should be mailed to:
Finance Department
Attn: Bridgett Wood, Finance Manager
715 Mulberry St
Waterloo, IA 50703
Those submitting sealed proposals should indicate on the outside of the envelope in the
lower left-hand corner that it is a “Sealed Proposal for Audit Services.” The contract for
services will be awarded on Monday, June 5, 2023, with contracts to start on July 1,
2023. Further information may be obtained from Bridgett Wood at (319) 291-4323 or
Bridgett.Wood@Waterloo-IA.org.
Mayor
QUENTIN
HART
COUNCIL
MEMBERS
JOHN
CHILES
Ward 1
JONATHAN
GRIEDER
Ward 2
NIA
WILDER
Ward 3
BELINDA
CREIGHTON
-SMITH
Ward 4
RAY
FEUSS
Ward 5
ROB
NICHOLS
At-Large
DAVE
BOESEN
At-Large
CITY OF WATERLOO
Finance Office
REQUEST FOR PROPOSAL FOR AUDITING SERVICES
FOR THE CITY OF WATERLOO, IOWA
Page 2 of 8
Section I – Performance Specifications
1. Only proposals received at the location described and in the time frame given will be
considered.
2. Only proposals covering audit services as described will be considered.
3. The audit shall be performed in accordance with the following:
A. Chapter 11 of the Code of Iowa.
B. United States generally accepted auditing standards.
C. The standards for financial audits contained in Government Auditing Standards issued by
the Comptroller General of the United States, including the application of the
Governmental Accounting Standards Board (GASB) Statement #34.
D. The Single Audit Act Amendments of 1996 and Title 2, Code of Federal Regulations
(CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards (Uniform Guidance), when applicable.
4. The fees quoted in your proposal and included in the contract will be the maximum paid per
hour and in total, unless an amendment to the contract is completed by both parties
5. Proof of insurance as follows:
A. Errors and omissions insurance - $1,000,000 per occurrence.
B. General liability insurance - $1,000,000 per occurrence for bodily injury and property
damage. At a minimum, coverage for premises, operations, products and completed
operations shall be included.
C. Automobile liability insurance with either a combined limit of at least $1,000,000 per
occurrence for bodily injury and property damage without sub-limits or split limits of at
least $1,000,000 for bodily injury per person per occurrence and $1,000,000 for property
damage per occurrence. Coverage shall include all owned, hired, and non-owned motor
vehicles used in the performance of work by the contractor or its employees.
D. Workers compensation and employer’s liability insurance meeting the requirements of
the Iowa Workers Compensation Law covering all of the contractor’s employees carrying
out their work.
E. General liability insurance and automobile liability insurance shall name “The City of
Waterloo, Iowa, its elected officials, officers and employees” as additional insureds.
F. Proof of insurance shall be provided to City upon request.
6. The audit report should conform to:
REQUEST FOR PROPOSAL FOR AUDITING SERVICES
FOR THE CITY OF WATERLOO, IOWA
Page 3 of 8
A. Reporting formats specified by the Auditor of State’s office.
B. American Institute of Certified Public Accountants (AICPA) Audit Guides.
C. Governmental Accounting Standards Board reporting requirements.
D. The requirements of the Single Audit Act Amendments of 1996 and Title 2, Code of
Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards (Uniform Guidance), when
applicable.
7. The audit reports shall include management letters, if appropriate, which include
recommendations related to the financial statements, internal control, legality of actions, and
any other matters considered appropriate by the auditor.
8. Bound copies of the report, in a quantity sufficient to meet the needs of the City, are required
to be provided by the firm awarded the contract. The report must also be provided in
electronic format in order to satisfy the requirements of the Office of the Auditor of State and
for the necessary Department of Housing and Urban Development Real Estate Assessment
Center (REAC) filing.
9. Items required to be filed with the Auditor of State upon release of the reports must be filed
directly by the audit firm. (The current requirements are to file 2 bound copies of the report,
filing fee, an electronic copy of the report – pdf to be emailed to
SubmitReport@aos.iowa.gov, a news release and a detailed per diem audit bill.)
Section II – Data to be included in Proposal
In order to simplify the review process and to obtain the maximum degree of comparability, the
proposal should include the following items and be organized in the manner specified as follows:
1. Letter of Transmittal – A letter of transmittal briefly outlining the proposer’s understanding
of the work and general information regarding the firm and individuals to be involved. The
letter should clearly state the address of the office of the firm to be performing the work, the
telephone number, contact person name and contact person e-mail address.
2. Table of Contents – Include a table of contents that identifies the material by section, page
number and a reference to the following information to be contained in the proposal.
3. Profile of Firm Proposing –
A. Identify whether the firm is a local, national or international firm and include a brief
description of the size of the firm.
REQUEST FOR PROPOSAL FOR AUDITING SERVICES
FOR THE CITY OF WATERLOO, IOWA
Page 4 of 8
B. State whether the firm is in compliance with the registration requirements to engage in
the practice of public accounting in the State of Iowa, Chapter 542 of the Code of Iowa.
C. State whether the firm is independent of the City of Waterloo, the City of Waterloo
Housing Authority, the Waterloo Convention & Visitors Bureau and the Waterloo Water
Works in accordance with Government Auditing Standards.
D. Describe the office(s) from which the work will be performed, including the following:
a. Office location(s).
b. Current office staffing size.
c. Number of professional staff by level, such as partner, manager and supervisor,
senior and other professional staff.
d. Number of certified public accountants in the office.
e. Other information needed to describe the office which would perform the work.
4. Qualifications –
A. Describe the recent local office auditing experience in similar types of audits to which the
proposal relates. If appropriate, include regional experience in auditing similar types of
entities. If desired, it is permissible to include your five largest clients which are not
governmental clients.
B. Provide references of other cities that have earned the Government Finance Officers
Association (GFOA) Award for Excellence in Financial Reporting while your firm has
been their auditor.
C. Include resumes of all key professional members who will be assigned to the audit.
Resumes should be included for all members of the audit team. The resumes should
include:
a. The amount of experience the individual has in the auditing profession.
b. A summary of similar audits on which the individual has worked.
c. A summary of the continuing professional education the individual has had in
governmental accounting and auditing during the last two years.
d. A statement as to whether the individual is independent as defined by
Government Auditing Standards.
D. Describe the firm’s policy regarding notification to clients of changes in key personnel.
E. Provide a listing of the individuals in the firm who are experienced in governmental
auditing and will serve as staff for this audit.
REQUEST FOR PROPOSAL FOR AUDITING SERVICES
FOR THE CITY OF WATERLOO, IOWA
Page 5 of 8
F. Describe the availability of individuals within the firm who are primarily involved in
governmental auditing and reporting and with whom the audit team may consult.
G. Describe briefly the firm’s system of quality control to ensure that the audit is adequately
performed.
5. Peer Review
A. Provide a copy of the peer review report which is required to be provided under generally
accepted government auditing standards (GAGAS).
6. Scope of Services and Proposed Project Schedule –
A. Briefly describe your understanding of the scope of services to be provided.
B. Indicate a proposed time schedule for completing the work, assuming the contract will be
awarded on June 5, 2023, to start on July 1, 2023.
a. Include the approximate dates you would perform field work, office review and
report preparations.
1. The City requires that audit services, including the preparation of opinions
and a preliminary draft of the audit package, including all grant compliance
work, will be provided by December 1 following each audit period.
Delivery of the final audit package must be made prior to December 31
annually. The City is currently borrowing from the State of Iowa Clean
Water Fund, which requires a copy of the audit to be provided to the Iowa
Financing Authority by December 31 annually. It is also the City’s intent to
apply for the GFOA Excellence in Financial Reporting Award, which also
has a December 31 application date.
2. For your use in providing the estimated fieldwork schedule, the City
anticipates having the modified accrual/accrual basis trial balances
available by October 15 annually. Please note that the City requires a
minimum of one week to review the final typed draft of the management’s
discussion and analysis (MD&A) and responses to any audit findings
identified.
7. Fees and Compensation
A. Proposals must contain a separate section outlining the fee, broken down as follows:
a. Basic audit services.
REQUEST FOR PROPOSAL FOR AUDITING SERVICES
FOR THE CITY OF WATERLOO, IOWA
Page 6 of 8
b. Completion of the procedures and reports required by the Single Audit Act
Amendments of 1996 and Title 2, Code of Federal Regulations (CFR) Part 200,
Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards (Uniform Guidance), provided separately by major program.
c. Completion of the filings required by REAC for the Housing Authority.
d. Audit services with regard to the schedule of passenger facility revenue.
e. If approved by the Board of Trustees of the municipal utility, audit services must
be provided for the Telecommunication Utility, pursuant to Iowa Code Chapter
388 thru December 31, 2023.
f. Accounting assistance or consulting.
g. Sewer revenue bond covenant compliance testing. All funds borrowed from the
State of Iowa Clean Water Fund are taxable sewer revenue bonds.
h. Estimated total hours.
i. Estimated out-of-pocket expenses.
j. Hourly rate by staff classification.
k. Hourly rate for accounting assistance and consulting services.
l. All-inclusive maximum fee and out-of-pocket expenses which will not be
exceeded without first signing a separate agreement, as required by city policy.
m. Description of the frequency and timing of billing and expected payment for
services.
B. Fees should be provided as follows:
a. For the five-year period beginning July 1, 2023 and ending June 30, 2028, with
fees listed separately for each of the five years.
b. For the one-year period ending June 30, 2029.
c. For the one-year period ending June 30, 2030.
C. Fees will be billed by separate line item for the following:
a. General audit services for all funds.
b. Single audit services, separately by major program.
c. Passenger facility charge revenue audit services.
d. General audit services for the Sanitary Sewer Fund.
e. General audit services for the Sanitation Fund.
f. General audit services for the Housing Fund.
REQUEST FOR PROPOSAL FOR AUDITING SERVICES
FOR THE CITY OF WATERLOO, IOWA
Page 7 of 8
g. General audit services for the Telecommunications Utility.
Section III – Evaluation Criteria
Prefatory remarks:
1. The City of Waterloo reserves the right to reject any and all proposals received.
2. Any contract accepted by the Finance Department is subject to approval by City Council of
the City of Waterloo and will be effective only when such approval is granted.
The proposal will be evaluated based upon the following two areas. Therefore, it is important
the proposal is responsive to the data requested. Cost is a primary factor, but the selection of the
audit firm will be based on qualitative factors in addition to cost.
1. Cost
a. Overall cost, including out-of-pocket expenses, for performance of the audit.
2. Qualifications
a. Organizational structure and size of the firm.
b. Organizational structure and size of the office which will perform the audit.
i. Additional consideration may be given for firms completing the work using staff
from an office located within the Waterloo metropolitan area.
c. Recent experience in similar audits.
d. Recent experience with annual comprehensive financial reports (ACFRs) which received
the GFOA Excellence in Financial Reporting Award.
e. Qualifications of the audit team.
f. Individuals with whom the audit team can consult.
g. Understanding of work, scheduling for audit fieldwork and ability to deliver the final
audit package by December 1 annually.
Section IV. Entity Profile - The City of Waterloo, Iowa
Information describing the City’s organization, economic and financial status is available in the
Comprehensive Annual Financial Report for the year ended June 30, 2022, available on the
City’s website at cityofwaterloo.com/government/Finance/Budget_and_Reports. Copies are also
available from the Finance Department. The financial statements and audit are to be completed
in accordance with generally accepted accounting principles and under the GASB #34 reporting
model.
REQUEST FOR PROPOSAL FOR AUDITING SERVICES
FOR THE CITY OF WATERLOO, IOWA
Page 8 of 8
If you have any questions about the proposal process, please contact Bridgett Wood at
Bridgett.Wood@Waterloo-IA.org or 319-291-4323. Thank you for your interest in providing
audit services to the City of Waterloo.
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