HomeMy WebLinkAboutBid Tabulation Waterloo Regional Airport Vertical Infrastructure
Airport Terminal Emergency Generator Upgrade Project
May 14, 2015
Bid Tab
Estimate: $ ({o ( 000
Bid Security:
Bidder Bid Security Bid Amount
Altorfer Power Systems
2550 6th Street S.W. /o
$.-2
Cedar Rapids, IA �� , (‘,Li 1.3
5%
5%
5%
..
AXOM
P.
EPA RICE NESHAP Airport Emergency
Generator Upgrade
Waterloo Regional Airport
WATERLOO
REGIONAL AIRPORT
CRUISE A NEW ALTITUDE
^
Prepared For:
City of Waterloo
715 Mulberry Street
Waterloo, Iowa 50703
Prepared By:
AECOM
501 Sycamore Street, Suite 222
P.O. Box 1497
Waterloo, Iowa 50704-1497
April 2015
a
��0� AECOM 319-232-0271 fax
501 Sycamore Street 319-232-0271 fax
Suite 222
Waterloo,Iowa 50703
www.aecom.com
ADDENDUM NO. 1
TO THE
BIDDING DOCUMENTS
FOR
EPA RICE NESHAP AIRPORT EMERGENCY GENERATOR UPGRADE
WATERLOO REGIONAL AIRPORT
WATERLOO, IOWA
AECOM #60338621
Date: May 6, 2015
Bids Close: May 14, 2015, at 1:00 p.m., Local Time
TO ALL BIDDERS ON THE ABOVE PROJECT
All Bidders submitting a bid on the above contract shall carefully read this Addendum and give it
consideration in the preparation of their bid.
I. The photographs below provide information on the existing generator, engine and enclosure.
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Addendum No. 1
A COh EPA RICE NESHAP Airport Emergency Generator Upgrade
Waterloo Regional Airport
May 6,2015
Page 2
CAT' C4TERPI6tAR' t rt
CAT` CATERPHUAU
it
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1111/15N MUket14 AtfNtMfJM azp'+ sa.'3 �• '' GENERATOR DAT*
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444 FRAME T804 REVAIIN y '
}M TEMPERATURE RISE 130"C 03' y
40°CAMBIENT 1000 ME s
II. Attachments: None
III. Any revisions to any of the Contract Documents made by this Addendum shall be considered as
the same revision to any and all related areas of the Contract Documents not specifically called
out in this Addendum.
IV. The Bidder shall acknowledge receipt of this Addendum by inserting the date and number
in the spaces provided on page 2 of the FORM OF BID OR PROPOSAL. Failure to
acknowledge receipt of this Addendum, as stated above, could cause your bid submittal
to be considered not valid.
AECOM
WATERLOO, IOWA
David B. Hughes, P.E.
P:\60338621\400_Technical\401 -SPECS\Combined Spec-RICE NESHAP-4-21-151Addendum 1-Generator.docx
EPA RICE NESHAP Airport Emergency Generator Upgrade
CITY OF WATERLOO, IOWA
,..� Prepared For:
City of Waterloo, Iowa
Prepared By:
AECOM
April 2015
I hereby certify that this engineering document was prepared by me or
under my direct personal supervision and that I am a duly licensed
pti9' Professional Engineer under the laws of the state of Iowa.
b c. "3, 1�•.4^.`,--. r-{ka t 1�S
+� = y • DAVID 8. It c' = DAVID B. HUGHES, P= Date
w HUGHES : z
13037 :m
�; ~ License No. 13037
•
"««« My license renewal date is December 31, 2015.
IOW
Pages or sheets covered by this seal:
EPA RICE NESHAP AIRPORT EMERGENCY GENERATOR UPGRADE
CONTRACT DOCUMENTS
TABLE OF CONTENTS
1. NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS NPH 1-4
2. INSTRUCTIONS TO BIDDERS IB 1-10
3. FORM OF BID OR PROPOSAL FB 1-3
4. SALES TAX EXEMPTION INFORMATION FORM STE 1
oft 5. FORM OF BID BOND BB 1
6. NON-COLLUSION AFFIDAVITS NCA 1-2
7. TARGETED SMALL BUSINESS(TSB) PRE-BID CONTACT INFORMATION 1
8. EQUAL OPPORTUNITY CLAUSE EO 1-2
9. TITLE VI CIVIL RIGHTS TVI 1
10. RESIDENT BIDDER AND NC)N-RESIDENT BIDDER CERTIFICATION RB 1-3
oks
11. AFFIRMATIVE ACTION PROGRAM AAP 1-9
12. POTENTIAL ITEMS OF WORK FOR MBE/WBE PARTICIPATION M 1
SUBCONTRACTOR'S BID REQUEST FORM, M 2
LETTER FORM FOR SUBCONTRACTOR QUOTES, M 3
MBE/WBE SCOPE LETTER, M 4
MBE AND/OR WBE PREBID CONTACT INFORMATION FORM M 5-6
r.
13. WATERLOO/CEDAR FALLS MINORITY AND WOMEN BUSINESSES
ENTERPRISE CONSTRUCTION AND MAINTENANCE
CONTRACTOR'S GUIDE 1-4
14. STATEMENT OF BIDDER'S QUALIFICATIONS SBQ 1-2
«.. 15. TARGETED SMALL BUSINESS(TSB)CONTRACT PROVISION TSB-1-7
16. GENERAL SPECIAL PROVISIONS GSP 1-5
17. SPECIAL PROVISIONS SP 1-4
Section 16 01 00 Electrical General Requirements 160100-1-3
Section 16 01 10 EPA RICE NESHAP Generator Upgrade 160110-1-2
18. GENERAL SPECIFICATIONS FOR CONSTRUCTION GS 1-13
19. SUPPLEMENTAL GENERAL SPECIFICATIONS FOR CONSTRUCTION SGS 1
20. FORM OF CONTRACT C 1-3
21. FORM OF PERFORMANCE BOND PFB 1-2
22. FORM OF PAYMENT BOND. PB 1-2
""" NOTICE OF PUBLIC HEARING
On Proposed Plans, Specifications, Form of Contract,
and Estimate of Cost and the
NOTICE TO BIDDERS
For the Taking of Construction Bids
For the
,� EPA RICE NESHAP Airport Emergency Generator Upgrade
In the City of Waterloo, Iowa
RECEIVING OF BIDS
Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City
Hall of the said City on the 14th of May, 2015, until 1:00 p.m. for the construction of the EPA RICE
d+ NESHAP Airport Emergency Generator Upgrade, as described in detail in the plans and specifications
now on file in the Office of the City Clerk.
OPENING OF BIDS
All proposals received will be opened in the First Floor Conference Room at City Hall in the City of
Waterloo, Iowa, on the 14th day of May, 2015, at 1:00 p.m., local time, and the proposals will be acted
upon at such later time and place as may then be fixed.
PRE-BID MEETING
A pre-bid meeting for this project will NOT be held but contractors are urged to make a site visit and
familiarize themselves with existing conditions.
Bidders shall arrange an individual site visit prior to Bidding by contacting the Airport Director at (319)
291-4483.
PUBLIC HEARING
Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans,
specifications, form of contract, and estimate of cost for the construction of the above-described
improvement project at 5:30 p.m. on May 18, 2015, said hearing to be held in the Council Chambers in
the City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for
said improvements heretofore prepared by the AECOM are now on file in the office of the City Clerk for
public examination, and any person interested therein may file written objection thereto with the City Clerk
before the date set for said hearing, or appear and make objection thereto with the City Clerk before the
date set for said hearing, or appear and make objection thereto at the meeting above set forth.
SCOPE OF WORK
This project consists of the modifications necessary to bring the emergency generator into compliance
with EPA RICE NESHAP. Modifications to include: replacing muffler with catalytic converter, addition of
data logger, addition of thermo-coupler to monitor exhaust temperature, addition of a closed crankcase
vent and other modifications necessary for this upgrade.
BEGINNING AND COMPLETION DATES
The work under the proposed contract shall be commenced within ten (10) working days after receipt of
"Notice to Proceed"and all items shall oe completed on or before August 28, 2015.
NOTICE OF HEARING Page NPH-1 of 4
AECOM 60338621
METHOD OF PAYMENT TO CONTRACTOR
The Contractor will be paid against bi-monthly estimates in cash on the basis of ninety-five percent(95%)
of the work as it is completed and materials delivered and work approved. Final payment will be made
thirty-one (31) days after completion of the work and acceptance by the Council. Before final payment is
made, vouchers showing that all subcontractors and workmen and all persons furnishing materials have
been fully paid for such materials and labor will be required unless the City is satisfied that material, men
and laborers have been paid.
The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay
estimates, according to Chapter 384.57 of the Code of Iowa, payment may be made by anticipatory
warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A, Code of Iowa.
PLANS AND SPECIFICATIONS
Plans and Specifications governing the construction of the proposed improvements have been prepared
by the AECOM, which plans and specifications, and also the prior proceedings of the City Council
referring to and defining said proposed improvements are hereby made a part of this notice, and the
proposed contract by reference shall be executed in compliance therewith.
Plans and Specifications are available from AECOM upon receipt of a $25.00 refundable deposit.
Deposits will be refunded if the plans are returned in usable condition (i.e. free of highlights, ink markings,
tears, stickers, water stains and soiling) to the Engineer's Office by the end of the 14 h consecutive day
after the project has been awarded. No deposits will be refunded for any plans received after the 14�
consecutive day, which includes plans returned via mail service. Plan holders are responsible for
ascertaining when the project has been awarded.
This deposit policy shall also apply to the prime contractor awarded the project for all plans and
specifications obtained and distributed by the prime contractor to their subcontractors and suppliers in
determining the prime contractor's bid, if the prime contractor wishes for their deposit to be returned.
Upon award of project, the prime contractor shall be supplied with the needed number of plans and
specifications at no additional cost.
CONTRACT AWARD
A contract will be awarded to the qualified bidder submitting the lowest total bid.
The City reserves the right to reject any or all bids, re-advertise for new bids, and to waive informalities in
the bids submitted that might be in the best interest of the City.
Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty(30) days from the day of
the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders,
prior to awarding the contract.
By virtue of statutory authority, a preference will be given to products and provisions grown and coal
produced with the State of Iowa and preference will be given to local domestic labor in the construction of
the improvement.
PROPOSALS SUBMITTED
The bidder shall submit bids on the items listed in the proposal. The bidder shall clearly write or type the
unit bid price and the bid item extension (Unit Price x Estimated Qty) in numerals on the blanks provided.
Should there be any discrepancy between the unit bid price and extension, the City of Waterloo shall
consider the unit bid price as being the valid unit bid price.
NOTICE OF HEARING Page NPH-2 of 4
AECOM 60338621
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 Waterlco, Iowa, in the sum of not less than five percent (5%) of the bid
submitted, which certified check, cerified 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
oat 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 him 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 or the contract and the terms and conditions therein contained, and
shall guarantee the prompt payment of all materials and labor and protect and save harmless the City
from claims of any kind caused by the operations of the contractor.
MAINTENANCE BOND
Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall
execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same
wok to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which
bond is in addition to the bond given by the Contractor to guarantee the completion of the work.
CONTRACT COMPLIANCE PROGRAM /SUBCONTRACTING
ira
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.
NOTICE OF HEARING Page NPH-3 of 4
AECOM 60338621
PREDETERMINED WAGE RATE
Predetermined wage rates do not apply to work on this project.
LIQUIDATED DAMAGES
Time is an essential element of this contract. It is important that the work be diligently pursued to
completion. If the work is not completed within the specified contract period, plus authorized extensions,
the contractor shall pay to the City Liquidated Damages in the amount of five hundred dollars ($500.00)
per day,for each day, as further described herein, in excess of the authorized time.
Days beyond the specified completion date for which Liquidated Damages will be charged will be working
days that the contractor does, or could have worked, from Monday through Saturday. Sundays will be
counted only if work is performed. Partial working days will be considered as a full working day. Days not
chargeable for Liquidated Damages will include rain days, Sunday if no work is done, and legal holidays.
Working days will cease to be charged when only punch list items remain to be completed. Punch list
items do not include contract bid items or approved change/extra work orders.
When the Contractor believes the project to be substantially completed, a written notice stating the same
shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract
extends beyond the normal construction season for such work the Contractor shall submit to the Engineer
in writing a request that working days counted toward the project be suspended until work is resumed the
following construction season.
This amount is not construed as a penalty. These damages are for the cost to the City of providing the
required additional inspection, engineering and contract administration.
PRE-CONSTRUCTION CONFERENCE
Before the work is commenced on this contract, a conference shall be held for the purpose of discussing
the contract. The conference shall be attended by the prime contractor, subcontractors and City Officials.
RESIDENT BIDDER/NON-RESIDENT BIDDER
Attention of bidders is called to compliance with the provisions of the Resident Bidder/Non-Resident
Bidder requirements.
Each bidder submitting a bid shall execute and include with the bid, a Resident Bidder Certification or a
Non-Resident Bidder Certification in the form(s)herein provided.
SALES TAX EXEMPTION CERTIFICATES
Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to
purchase building materials or supplies in the performance of construction contracts let by the City of
Waterloo.
Published pursuant to the provisions of Division VI of Chapter 384 of the City Code of Iowa and upon
order to the City Council of said Waterloo, Iowa, on the day of 2015.
CITY OF WATERLOO, IOWA
BY:
Suzy Schares
City Clerk
NOTICE OF HEARING Page NPH-4 of 4
AECOM 60338621
INSTRUCTIONS TO BIDDERS
1. EXPLANATIONS TO BIDDERS
Any explanation desired by a bidder regarding the meaning or interpretation of the Notice
to Bidders, Plans, Specifications, etc., must be requested in writing and with sufficient
time allowed for a reply to reach bidders before submission of their bids. Any
interpretation made will be in the form of an amendment of the Notice to Bidders, Plans,
Specifications, etc., and will be furnished to all prospective bidders. Its receipt by the
bidder must be acknowledged in the space provided on the Proposal Form or by letter or
telegram received befcre the time set for opening of bids. Oral explanations or
instructions given before the award of the contract will not be binding.
«0, 2. EXAMINATION OF PROPOSED WORK
Bidders should visit the site and take such other steps as may be reasonably necessary
to ascertain the nature and location of the work, and the general and local conditions
which can affect the work or the cost thereof. Failure to do so will not relieve bidders
from responsibility for estimating properly the difficulty or cost of successfully performing
the work. The owner will assume no responsibility for any understanding or
ro representation concerning conditions made by any of its officers or agents prior to the
execution of the contract, unless included in the Notice to Bidders, the Specifications or
related documents.
3. PREPARATION OF BIDS
a. Bids shall be submitted on the forms furnished, or copies thereof, and must be
manually signed. If erasures or other changes appear on the forms, each
erasure or change must be initialed by the person signing the bid.
The bidder has the option to submit a computer-generated spreadsheet in lieu of
the portion of the Form of Bid or Proposal, which includes the Bid Item Number,
oft 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.
..r
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 o`construction or a combination thereof, etc. When the Bid Form
�► explicitly requires that the bidder bid on all items, failure to do so will disqualify
the bid. When submission of a price on all items is not required, bidders should
insert the words "no bid" in the space provided for any item on which no price is
submitted.
c. Unless called for, alternate bids will not be considered.
d. Modifications of bids already submitted will be considered if received at the office
designated in the Notice to Bidders by the time set for closing of bids.
Telegraphic modifications will be considered, but should not reveal the amount of
the original or revised bid.
INSTRUCTIONS TO BIDDERS Page IB-1 of 10
AECOM 60338621
e. In preparing his bid, the bidder shall specify the price, written legibly in ink or with
the typewriter, at which he proposes to do each item of work. The unit price shall
be stated in figures in the blank space provided (i.e., $7.14). In items where unit
price is required, the total amount of each item shall be computed at the unit
prices bid for the quantities given on the Bid Form and stated in figures in the
blank space provided.
If the bidder chooses to submit the unit prices, total bid price, and total bid on a
computer-generated spreadsheet, all numbers shall be easily legible.
f. Any changes or alterations made in the Bid Form, or any addition thereto, may
cause the rejection of the bid. No bid will be considered which contains a clause
in which the contractor reserves the right to accept or reject a contract awarded
him by the city Council of Waterloo. Bids in which the unit prices are obviously
unbalanced may be rejected.
g. 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/Auditor. All bids must be filed with the City Clerk/Auditor of the City of
Waterloo at his office in the City Hall before the time specified for closing bids.
b. Bids received prior to the advertised hour of opening will be securely kept sealed.
The officer whose duty it is to open them will decide when the specified time has
arrived, and no bid received thereafter will be considered; except that when a bid
arrives by mail after the time fixed for opening, but before the reading of all other
bids is completed, and it is shown to the satisfaction of the City of Waterloo,
Iowa, that the non-arrival on time was due solely to delay in the mails for which
the bidder was not responsible, such bid will be received and considered.
c. Bidders are cautioned that, while telegraphic modifications of bids may be
received as provided above, such modifications, if not explicit and if in any sense
subject to misinterpretation, shall made the bid so modified or amended, subject
to rejection.
5. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS
Bids and modifications or withdrawals thereof received at the office designated in the
Notice to Bidders after the exact time set for closing of bids will not be considered.
However, a modification which is received from an otherwise successful bidder, and
which makes the terms of the bid more favorable to the City of Waterloo, will be
considered at any time it is received and may therefore be accepted. Bids may be
withdrawn by written or telegraphic request received from bidders prior to the time set for
closing of bids.
INSTRUCTIONS TO BIDDERS Page IB-2 of 10
AECOM 60338621
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
aft 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,
.p+ 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
"ak a. Each bidder submitting a bid shall execute and include with the bid, a Non-
Collusion Affidavit in the form herein provided, to the effect that he as not
colluded with any other person, firm, or corporation in regard to any bid
,.t submitted.
b. Each bidder submitting a bid shall have each proposed subcontractor, if any,
execute and submit to the City Contract Compliance Officer by 5:00 P.M. the
-alt 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 sjbcontract, the successful bidder shall submit the name of any
"' proposed subcontractor for approval by the City.
9. MINORITY AND/OR WOMEN BUSINESS ENTERPRISE SUBCONTRACTORS
.r a. CITY OF WATERLOO AND/OR WOMEN BUSINESS ENTERPRISE PRE-BID
CONTACT INFORMATION FORM
The City of Waterloo Minority and/or Women Business Enterprise Pre-Bid
Contact Informa:ion 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 he 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.
INSTRUCTIONS TO BIDDERS Page IB-3 of 10
AECOM 60338621
The Program does not propose to eliminate any bonafide contractor or
subcontractor from bidding on City contracts, but it will hopefully serve as a
needed stimulus to help local MBE/WBE's grow and eventually become
mainstream contractors and subcontractors.
This Contract Compliance Program does not propose to include any set-aside or
quotas, but only flexible goals where "good-faith efforts" are required by the
contractor to use MBE/WBE subcontractors.
This Program shall not eliminate the need for contractors to continue their "good-
faith efforts" in using MBE/WBE subcontractors on City contracts estimated at
less than $50,000.
The City of Waterloo will make every effort to reduce in-house construction and
maintenance work that would be more cost effectively performed by the private
sector and, thus, would allow additional bidding opportunities for MBE/WBE
firms.
The City Contract Compliance Officer shall be advised of all City of Waterloo
awarded construction contracts.
DEFINITIONS
Goals:
A flexible numerically expressed objective which contractors are required to
make "good-faith efforts." The key to the requirement is to make documented
efforts. Goals are neither set-a-sides nor a device to achieve proportional
representation or equal results. Numerical goals do not create set-a-sides for
specific groups, nor are they designed to achieve proportional representation or
equal results. Rather, the goal-setting process in affirmative action planning is
used to target and measure the effectiveness of affirmative action efforts to
eradicate and prevent discrimination.
Quota:
A flat numerical requirement that the contractor is required to meet in order to
obtain the benefit or be in compliance. The numerical goal component of
affirmative action programs is not designed to be, nor may it properly or lawfully
be interpreted as, permitting unlawful preferential treatment and quotas with
respect to persons of any race, color, religion, sex, or national origin. The
regulations at 41 CFR 60-2.12(a), 60-2.15 and 60-2.30, specifically prohibit
discrimination and the use of goals as quotas. (U.S. Department of Labor)
Set-Aside:
An arrangement in which a particular contract is reserved for competition solely
among minority and women business enterprises.
Contractor:
As used in this document means contractor, subcontractor, supplier, vendor, and
professional service provider.
Minority Business Enterprise (MBE)
Any business, which is at least 51%, owned by one or more minorities and
whose management and daily business operations are controlled by one or more
such individuals and is on the current State Unified Certification List, or were
listed on the City of Waterloo Certified MBE/WBE Contractors list as of July 1,
2002 _.-
INSTRUCTIONS TO BIDDERS Page IB-4 of 10
AECOM 60338621
IIMil
Oar
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 s 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:
10.
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
r+R American, Native Americans, Eskimos, Aleuts, and Asian-Pacific Americans. 13
C.F.R. 124-1.1(c:)(3)(ii)(1983).
Lowest Responsible Bidder:
•+ Bidder who has offered the lowest bid and who has exhibited skill relative to the
type of work bic 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
rA maintaining a warehouse or other similar inventory storage facility.
Mayor's Advisory Committee:
Mayor's Advisory Committee for Minority, Female, and Disadvantaged Business
ANN Enterprise.
Good Faith Efforts:
The successful bidder shall be selected on the basis of having submitted the
lowest responsible bid. The obligation of the bidder is to make good faith efforts.
The bidder can cemonstrate that it has done so by the following:
1. The Prime Contractor met the project goal - No Action necessary
2. If the Prime Contractor failed to meet the goal, they must submit
documentation of good faith efforts.
asik
CONTRACT COMPLIANCE PROGRAM SUBCONTRACTING
The program proposes numerical projections or goals regarding utilization of
,a„ Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as
subcontractors in the performance of contracts awarded by the City of Waterloo,
Iowa.
.. This project is funded solely or in part with State funds and 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
wok
INSTRUCTIONS TO BIDDERS Page IB-5 of 10
AECOM 60338621
written documentation or arguments concerning the issue of whether they made
adequate good faith efforts to meet the goals. The bidder will have the
opportunity to meet in person with the City of Waterloo's Administrative
Reconsideration Committee to discuss the issue of whether they made adequate
good faith efforts. The Administrative Reconsideration Committee will forward a
written decision on reconsideration to the Mayor and City Council, explaining the
basis for finding that the bidder did or did not meet the goal or make adequate
good faith efforts to do so.
Documentation required will include but is not limited to the following:
* Making portions of the work available for MBE/WBE subcontracting
* Evidence of negotiating with MBE/WBE firms
* MBE/WBE quotes obtained and non-MBE/WBE quotes used
* Reasons agreements were not reached
* Follow-up after initial solicitations
* Efforts to assist in obtaining equipment, supplies and materials (at
competitive prices), bonding, lines of credit, insurance, etc.
* Evidence of past compliance or non-compliance by same contractor
The Contract Compliance Officer will determine the weight to be given to each
item listed above (supported by appropriate documentation) based on overall
program goals.
RESPONSIBILITIES
1. City of Waterloo
A. The City Contract Compliance Officer has the responsibility to assure the
City's compliance with Federal, State and Municipal regulations.
B. The City Contract Compliance Officer is responsible for maintaining a
current directory of certified firms. Certification of MBE/WBE/DBE
contractors is through the Iowa Department of Transportation and its
Unified Certification Program. Only firms certified based on guidelines
prescribed in 49 CFR Part 26 and provisions of this agreement, shall be
recognized as certified by the City of Waterloo.
C. The City Contract Compliance Officer is responsible for making available
a list of future project information notices to MBE/WBE firms.
D. The City Contract Compliance Officer shall send notices to appropriate
MBE/WBE firms in the directory of each bid solicitation with opening
date.
E. The City Contract Compliance Officer will receive MBE/WBE Letter(s) of
Intent to Bid and within two (2) business days forward the complete list of
MBE/WBE bidders who submitted a Letter of Intent to Bid to prime
contractors.
11. Prime Contractors
In order to be in compliance with the guidelines of this program, the prime
contractor must show good-faith efforts in following the MBE/WBE Contract
Compliance Program. Good-faith efforts include, but are not limited to, the
following:
A. Prime contractors shall send solicitation letters (Form CCO-3) to
appropriate MBE/WBE (those certified in directory prepared by City
Contract Compliance Officer) at least seven (7)working days prior to bid
INSTRUCTIONS TO BIDDERS Page IB-6 of 10
AECOM 60338621
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
rat MBE/WE3E/DBE Certifications from another government agency.
B. If a prime contract bidder is unable to identify MBE/WBE firms to perform
,.� portions of the work, the City Contract Compliance Officer should be
contacted for assistance immediately.
C. Prime contract bidders may solicit MBE/WBE proposals by telephone or
persona interviews, but all such contacts shall be confirmed by Certified
Mail, or subcontract bid request forms(Form CCO-2).
D. If any M3E/WBE business submitting bids is not selected for subcontract
AIM award, documentation must accompany the "MBE/WBE Business
Enterprise Pre-Bid Contact Information Form" (Form CCO-4 and CCO-
4A) on why the MBE/WBE was not selected. These reasons could
include:
a. Not low bid. Copies of the competing bids may be required for
verification.
b. MBE/WBE did not bid, withdrew bid or non-responsive.
c. Documentation of other business-related reason for not selecting the
MBE/WBE business for a subcontract.
d. Prime contractor self performs work.
:a e. Any other reason relied on by prime.
The Contract Compliance Officer will determine the weight to be given to each
item listed above (supported by appropriate documentation) based on overall
program goals.
111. MBE/WBE Firms
mai
F. 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
oatas of July 1, 2002.
G. MBE/WEIE firms must perform the work on the project; they cannot act
as a broker by subcontracting the work out to others.
C. Each MBE/WBE firm planning to submit quotes on construction projects
with goals, shall submit a Letter of Intent to Bid (Form CCO-5)to the City
Contract Compliance Officer seven (7)working days prior to bid opening,
listing specific items which the MBE/WBE firm is interested in bidding. If
sufficient Letters of Intent to Bid are not received by the City Contract
Compliance Officer seven (7)working days prior to bid opening, goals on
rr
subject project will be reduced accordingly. Agreements between the
bidder/proposer and a MBE/WBE in which the MBE/WBE promises not
to provide subcontracting quotations to other bidders/proposers are
prohibited.
INSTRUCTIONS TO BIDDERS Page IB-7 of 10
AECOM 60338621
i.ar
NON-COMPLIANCE OF CONTRACTORS
A. Noncompliance exists when the contractor's actions are not consistent
with the requirements of the Contract Compliance Program in the areas
of employment and subcontracting.
B. A bidder's failure to show good-faith efforts to meet project goals or a
failure to use certified MBE/WBE firms may be grounds for finding its bid
not responsible.
C. The Contract Compliance Officer shall submit to City Council his/her
recommendation on any non-compliant contract in writing.
NOTICE TO PROCEED
Notice to proceed on any project with goals will not be issued until City Contract
Compliance Officer determines the lowest responsible bidder has used good-
faith efforts to comply with this Compliance Program and the bid was responsive.
CONCLUSION
This program repeals or revises all sections of previous Waterloo Contract
Compliance Programs.
11. EMPLOYMENT AND BUSINESS OPPORTUNITY
To the greatest extent feasible, suppliers, subcontractors, and low income workers
owning businesses or living in the Waterloo area must be given priority in supplying
materials, bidding for subcontract work, or applying for employment by the contractor on
this project. Opportunities for training and for employment arising in connection with this
project, shall to the greatest extent feasible be made available to lower income persons
residing in the project area. The contract area is the City of Waterloo.
The City of Waterloo will require the contractor to document his efforts in securing lower
income workers living in the project area and in purchasing supplies from, and awarding
subcontracts to, businesses owned by persons residing in the project area.
12. STATEMENT OF BIDDER'S QUALIFICATIONS
Each bidder shall, upon request of the City of Waterloo, Iowa, submit on the form
furnished for that purpose (a copy of which is included in the contract documents), a
statement of bidder's qualifications, his experience record in constructing the type of
improvements embraced, and his organization and equipment available for the work
contemplated; and, when specifically requested, a detailed financial statement. The City
of Waterloo, Iowa, shall have the right to take such steps as it deems necessary to
determine the ability of the bidder to perform his obligations under the contract, and the
bidder shall furnish the City of Waterloo, Iowa, all such information and data for this
purpose as it may request. The right is reserved to reject any bid where an investigation
of the available evidence or information does not satisfy the City of Waterloo, Iowa, that
the bidder is qualified to carry out properly the terms of the contract.
13. AWARD OF CONTRACT
a. Award of contract will be made to that responsive and responsible bidder whose
bid, conforming to the Specifications, is most advantageous to the City of
Waterloo; price and other factors considered. The intention is to award the
contract at any time of opening bids, but the right is reserved to postpone such
INSTRUCTIONS TO BIDDERS Page IB-8 of 10
AECOM 60338621
action for a reasonable time, not exceeding thirty(30)days.
b. The City Council may, when in its interest, reject any or all bids or waive any
informality in bids received.
c. The bidder shall submit bids on all the items listed in the proposal and shall state
the unit bid price in words in the blank spaces provided beneath the item
description. Should there be any discrepancy between the unit bid price in words
and listed numeral unit bid price, the City of Waterloo shall consider the unit bid
price in words as being the valid unit bid price. A computer-generated
spreadsheet as herein provided shall also be acceptable. Proposals requiring
mathematical computations to determine unit prices or totals will be rejected. A
contract will be awarded to the qualified bidder submitting the lowest total bid as
indicated in the NOTICE TO BIDDERS.
► d. When a contract for a public improvement is to be awarded to the lowest
responsive and responsible bidder, 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
r+
a. Subsequent to tie award and within ten (10) days after the prescribed forms are
presented for signature, the successful bidder shall execute and deliver to the
City of Waterloo, Iowa, an agreement in the form included in the contract
"' documents in such number of copies as the City of Waterloo, Iowa, may require.
b. Having satisfied all conditions of award as set forth elsewhere in these
documents, the successful bidder shall, within the period specified in paragraph
"a" above, furnish a surety bond and a payment bond in a penal sum not less
than the amount of the contract as awarded, as security for the faithful
performance of the contract and terms and conditions therein contained and shall
000 guarantee the prompt payment of all persons, firms, or corporations to whom the
contractor may become legally indebted for labor, materials, tools, equipment, or
services of any nature including utility and transportation services, employed or
used by him in performing the work. The bonds shall protect and save harmless
the City from claims and damages of any kind caused by the operations of the
contractor and shall also guarantee the maintenance of the contract
improvements for the period stated in the Notice of Hearing from and after
completion of said improvements and their acceptance by the City. Such bonds
shall be in the same form as that included in the contract documents and shall
bear the same date as, or a date subsequent to that of the agreement. The
current Power of Attorney for the person who signs for any surety company shall
be attached to such bonds.
c. The successful bidder shall, within the period specified in paragraph "a" above,
furnish a certificate of insurance for approval in amounts of not less than the
INSTRUCTIONS TO BIDDERS Page IB-9 of 10
AECOM 60338621
704,
amounts specified in the General Specifications for Construction, Section F. No.
4 "Liability Insurance," Pages 10 to 11 of 13 Pages. The certificate of insurance
shall be furnished in such number of copies as the City of Waterloo may require.
The City of Waterloo shall be named as an "Additional Insured." The contractor
shall similarly submit his subcontractor's certificates of insurance in the amounts
for approval before each commences work. The contractor shall carry or require
that there be Workmen's Compensation Insurance for all his employees and
those of his subcontractors engaged in work at the site, in accordance with State
Workmen's Compensation Laws.
d. The failure of the successful bidder to execute such agreement and to supply the
required bond or bonds within ten (10) days after the prescribed forms are
presented for signature, or within such extended period as the City of Waterloo,
Iowa, may grant, based upon reasons determined sufficient by the City of
Waterloo, Iowa, may either award the contract to the next lowest bidder or re-
advertise for bids, and may charge against the bidder the difference between the
amount of the bid an the amount for which a contract for the work is
subsequently executed, irrespective of whether the amount thus due exceeds the
amount of the bid guaranty. If a more favorable bid is received by re-advertising,
the defaulting bidder shall have no claim against the City of Waterloo, Iowa, for a
refund.
15. RECIPROCAL RESIDENT BIDDER PREFERENCE
Attention of bidders is called to the requirement of complying with the provisions of the
Resident Bidder/Non-Resident Bidder requirement.
Each bidder submitting a bid shall execute and include with the bid, a Resident Bidder
Certification or a Non-Resident Bidder Certification in the form(s) herein provided.
INSTRUCTIONS TO BIDDERS Page IB-10 of 10
AECOM 60338621 '�
1160
FORM OF BID OR PROPOSAL
EPA RICE NESHAP AIRPORT EMERGENCY GENERATOR UPGRADE
- CITY OF WATERLOO, IOWA
Honorable Mayor and City Council
Waterloo, Iowa
Gentlemen:
1. The undersigned, being a Corporation existing under the laws of the State of , a
Partnership consisting of the following partners:
rr having familiarized (himself) (,themselves) (itself) with the existing conditions on the project area
affecting the cost of the work, ,and with all the contract documents listed in the Table of Contents and
Addenda (if any), as prepared by AECOM, now on file in the office of the City Clerk, City Hall,
Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials,
machinery, tools, appurtenances, equipment, and services, including utility and transportation
services required to construct and complete this EPA RICE NESHAP AIRPORT EMERGENCY
GENERATOR UPGRADE, all in accordance with the above-listed documents and for the lump sum
price for work in place for:
rms
(words)
($ ).
(figures)
r► 2. It is understood that the quantities set forth are approximate only and subject to variation and that the
unit bid price for the work done shall govern in the actual payment to Contractor.
3. In submitting this bid,the bidder understands that the right is reserved by the City of Waterloo, Iowa,
to reject any or all bids. If written notice of the acceptance of this bid is mailed, telegraphed, or
delivered to the undersigned within thirty(30)days after the opening thereof, or at any time thereafter
before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the
prescribed form and furnish tFe required bond and certificate of the insurance within ten (10) days
after the agreement is presented to him for signature, and start work within ten (10) days after
"Notice to Proceed"is issued.
4. Security in the sum of Dollars($
in the form of , is submitted herewith in
accordance with the INSTRUCTIONS TO BIDDERS.
5. Attached hereto is a Non-Collusion Affidavit of Prime Contractor.
6. Attached hereto is a Resident 3idder Certification ( ), or Non-Resident Bidder Certification
( ). (Mark one.)
7. The bidder is prepared to submit a financial and experience statement upon request.
8. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 in
oft
work for the City in the current calendar year, are prepared to submit an AAP or Update and an
EOC,within ten (10)days of notification that the bid submitted is lowest and acceptable.
FORM OF BID Page FB-1 of 3
AECOM 60338621
y4
9. The bidder has received the following Addendum or Addenda:
Addendum No. Date
10. The bidder shall list the MBE/WBE subcontractor(s), amount of subcontracts and bid items on the
City of Waterloo Minority and/or Women Business Pre-bid Contact Information Form submitted with
this Form of Bid or Proposal. The apparent low Bidder shall submit a list of all other Subcontractor(s)
to be used on this Project to the City of Waterloo by 5:00 p.m. the business day following the day
Bids on this Project are due along with the Non-Collusion Affidavits of All Subcontractor(s).
The Contractor shall submit information on subcontractors on "SUBCONTRACTOR REQUEST AND
APPROVAL" Form to be provided by City prior to approval of contract.
The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer
cannot be changed except for the following reasons:
1) The City of Waterloo does not approve the subcontractors.
2) The subcontractors submit in writing that they cannot fulfill their subcontracts.
11. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none"
or"NA".
12. The bidder has attached all applicable forms.
FORM OF BID Page FB-2 of 3
AECOM 60338621
,•. 13. The Owner reserves the right to select alternates, delete line items, and/or to reduce quantities prior
to the award of a contract due to budgetary limitations.
oik
(Name of Bidder) (Date)
BY: Title
,..� Official Address: (Including Zip Code):
oft
I.R.S. No.
Ariauf
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Al
r.
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sma
FORM OF BID Page FB-3 of 3
AECOM 60338621
�f1 ` ily CITY OF WATERLOO, IOWA
WATERLOO ENGINEERING DEPARTMENT
715 Mulberry St. . Waterloo,IA 50703 • (319)291-4312 Fax(319)291-4262
VI; ‘4) ERIC THORSON,P.E. • City Engineer
Mayor INFORMATION NEEDED
m.; ERNEST G.
CLARK FOR
IOWA CONSTRUCTION SALES TAX EXEMPTION CERTIFICATE
y COUNCIL
MEMBERS CONTRACTOR NAME:
x.i DAVID
JONES ADDRESS:
Ward 1
r+a CAROLYN
COLE
Ward 2
(Check One) PRIME: SUBCONTRACTOR:
PATRICK
sisa
MORRISSEY
Ward 3 FEDERAL ID#:
QUENTIN PROJECT NAME:
HART
Ward 4
PROJECT CONTRACT NO.:
RON
�^ WELPER
Ward 5 DESCRIPTION OF WORK:
TOM
LIND 0 Brickwork 0 Landscaping
At-Large
❑ Carpentry 0 Painting
STEVEN
SCHMITT ❑ Concrete 0 Paving
At-Large
❑ Drywall-Plaster-Insulation 0 Plumbing
O Electrical 0 Roofing-Siding-Sheet Metal
❑ Excavation/Grading 0 Windows
O Flooring 0 Wrecking-Demolition
❑ Heavy Construction 0 Other(Please Specify)
O Heating-Ventilating-Air Cond. 0
WE'RE WORKING FOR YOU!
An Equal Opportunity/Affirmative Action Employer
SALES TAX EXEMPTION Page STE-1 of 1
AECOM 60338621
poi
"WI BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we,
as Principal, and
as Surety are held and firmly bound unto the CITY OF WATERLOO , Iowa, hereinafter called
"OWNER." In the penal sum
Dollars ($ ) lawful money of the United States, for the payment of which
sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors,
jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the
Principal has submitted the accompanying bid dated the day of
, 2015, for
..r
NOW, THEREFORE,
"— (a) If said Bid shall be rejected, or in the alternate,
(b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form
specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all
•mac persons performing labor or furnishing materials in connection therewith, and shall in all other respects
perform the agreement created by the acceptance of said Bid,
— Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly
understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event,
exceed the penal amount of this obligation as herein stated.
By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in
liquidation of damages sustained in the event that the Principal fails to execute the contract and provide
the bond as provided in the specifications or by law.
r"` The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its
bond shall be in no way impaired or affected by any extension of the time within which the Owner may
accept such Bid or execute such contract; and said Surety does hereby waive notice of any such
extension.
IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and
such of them as are corporations, have caused their corporate seals to be hereto affixed and these pres-
.,,,, ents to be signed by their proper officers this day of ,A.D. 2015.
(Seal)
Principal
rek
By
(Title)
(Seal)
Witness Surety
By
Sal
Witness Attorney-in-fact
BID BOND Page BB-1 of 1
AECOM 60338621
NON-COLLJSION AFFIDAVIT OF PRIME BIDDER
State of _)
)ss
County of _)
, being first duly sworn, deposes and says that:
1. He is (Owner, Partner, Officer, Representative, or Agent) , of
, the Bidder that has submitted the attached Bid;
.e
2. He is fully informed respecting the preparation and contents of the attached Bid and of all
pertinent circumstances respecting such Bid;
- 3. Such Bid is genuine and is not a collusive or sham Bid;
4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives,
employees, or parties in interest, including this affiant, has in any way colluded, conspired,
•'+ connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a
collusive or sham Bid in connection with the Contract for which the attached Bid has been
submitted or to refrain from bidding in connection with such Contract, or has in any manner,
directly or indirectly, sought by agreement or collusion or communication or conference with any
other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or,
to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to
secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage
rr 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)
ois
Title
Subscribed and sworn to before me this day of , 2015.
Title
My commission expires
NON-COLLUSION AFFIDAVITS Page NCA-1 of 2
AECOM 60338621
NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR
State of _)
) ss:
County of _)
, being first duly sworn, deposes and says that:
'^ 1. He is (Owner, Partner, Officer, Representative, or Agent) , of
hereinafter referred to as the
"Subcontractor;"
2. He is fully informed respecting the preparation and contents of the subcontractor's proposal
submitted by the subcontractor to
064 contract pertaining to the _ project
in •
(City or County and State)
3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal;
4. Neither the subcontractor nor any of its officers, partners, owners, agents, representatives,
employees, or parties in interest, including this affiant, has in any way colluded, conspired,
" connived, or agreed, directly or indirectly, with any other bidder, firm or person to submit a
collusive or sham proposal in connection with such contract or to refrain from submitting a
proposal in connection with such contract, or has in any manner, directly or indirectly, sought by
unlawful agreement or connivance with any other bidder, firm or person to fix the price or prices in
said subcontractor's proposal, or to fix any overhead, profit or cost element of the price of prices
in said subcontractor's proposal, or to secure through collusion, conspiracy, connivance or
unlawful agreement any advaitage against the City of Waterloo, Iowa, or any person interested in
,0,84 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
ro its agents, representatives, owners, employees, or parties in interest, including this affiant.
(Signed)
Title
Subscribed and sworn to before me this day of , 2015.
Title
My commission expires
NON-COLLUSION AFFIDAVITS Page NCA-2 of 2
AECOM 60338621
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EQUAL OPPORTUNITY CLAUSE
(As provided in Executive Order No. 11246)
All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City
and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as
follows:
1. The contractors, subcontractor, vendor and supplier of goods and services will not discriminate
against any employee or applicant for employment because of race, color, creed, sex, national
1004, origin, economic status, age, mental or physical handicap, political opinions or affiliations. The
contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to
ensure that applicants are employed and that employees are treated during employment without
regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or
0-1 physical disability, political opinions or affiliations. Such actions shall include but not be limited to
the following:
a. Employment
Sal b. Upgrading
c. Demotion or Transfer
d. Recruitment and Advertising
e. Layoff or Termination
ir` 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.
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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, subcontracto-, 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
Sri
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,
EQUAL OPPORTUNITY CLAUSE Page EO-1 of 2
AECOM 60338621
subcontract or purchase order unless exempted by the rules, regulations or orders of the City's
Affirmative Action Program, and will provide in every subcontract, or purchase order that said
provisions will be binding upon each contractor, subcontractor, or supplier.
8. We, the undersigned, recognize that we are morally and legally committed to non-discrimination in
employment. Any person who applies for employment with our company will not be discriminated
against because of race, creed, color, sex, national origin, economic status, age, mental or
physical disabilities.
(Signed) _
(Appropriate Official)
(Title)
(Date)
EQUAL OPPORTUNITY CLAUSE Page EO-2 of 2
AECOM 60338621
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
►-a 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
't' 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.
TITLE VI Page NI-1 of 1
AECOM 60338621
/-S
RESIDENT/NON-RESIDENT BIDDER
RESIDENT BIDDER:
r,.t In accordance with Section 73A.21 of the Iowa Code, all non-federal-aid public improvement projects,
which include road construction, shall be performed by a qualified resident bidder. The resident bidder
has been further defined as follows:
- Resident Bidder:
A person or entity authorized to transact business in this state and having a business for
at least three years prior to the date of the first advertisement for the public improvement.
If another state or foreign country has a more stringent definition of a resident bidder, the
"` more stringent definition is applicable as to bidders from that state or foreign country.
The contractor shall provide the City with a certification that he is a qualified resident bidder according to
the above definition. The Certification shall be submitted with the contractor's bid. A copy of the form of
Sri
"Resident Bidder Certification" is included in the Contract Documents. If it is determined that the
contractor does not meet this qualification after he begins work, a shutdown notice shall be issued and
the voiding of the contract shall begin unless the contractor becomes qualified.
,.1
NON-RESIDENT BIDDER:
The contractor shall provide the City with a certification that he is a non-resident bidder according to the
above definition. The Certification shall be submitted with the contractor's bid. A copy of the form of
"Non-Resident Bidder Certification" is included in the Contract Documents.
DJG
01/02/12
RESIDENT/NON-RESIDENT BIDDER CERTIFICATION Page RB-1 of 3
AECOM 60338621
RESIDENT BIDDER CERTIFICATION
CONTRACT NO:
PROJECT NAME:
DATE OF LETTING:
To be a qualified resident bidder, the bidder shall be a person or entity authorized to
transact business in this state and having a business for at least three years prior to the
date of the first advertisement for the public improvement. If another state or foreign
country has a more stringent definition of a resident bidder,the more stringent definition is
applicable as to bidders from that state or foreign country.
This qualification as resident bidder shall be maintained by the contractor and his subcontractors at the
work site until this project is completed.
I hereby certify that I am a resident bidder as defined above.
COMPANY NAME
CORPORATE OFFICER
TITLE
DATE
RESIDENT/NON-RESIDENT BIDDER CERTIFICATION Page RB-2 of 3
AECOM 60338621
NON-RESIDENT BIDDER CERTIFICATION
CONTRACT NO.:
PROJECT NAME:
DATE OF LETTING:
I hereby certify that I am an Iowa non-resident bidder.
COMPANY NAME:
�., CORPORATE OFFICER:
TITLE:
DATE:
.e.
STATE/COUNTRY OF RESIDENCY:
Stated below are the preference(s)to -esident bidders in the state/country of •
(Preference to bidders, labor force, or other preferential treatment to bidders or laborers, etc.
-a
0.1
RESIDENT/NON-RESIDENT BIDDER CERTIFICATION Page RB-3 of 3
AECOM 60338621
img
Revised February 2003
CONTRACTOR'S OR SUBCONTRACTOR'S AFFIRMATIVE ACTION PROGRAM
Check box that applies to party completing program:
( ) General Contractor
r. ( ) Subcontractor
Section A to be completed by GENERAL CONTRACTORS only:
0.4
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
C. Remainder of program to be completed by party completing program, either Prime or
Subcontractor.
AFFIRMITIVE ACTION PROGRAM Page AAP-1 of 9
AECOM 60338621
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.
AFFIRMITIVE ACTION PROGRAM Page AAP-2 of 9
AECOM 60338621
11.4
r III. AFFIRMATIVE ACTION
A.
recognizes that the
(Name of Company)
r-� effective application of a policy of merit employment involves more than just a policy
statement, and
(Name of Company)
�.., will, therefore, re-evaluate our Affirmative Action Program to ensure that equal
employment opportunities are available on the basis of individual merit, and to actively
encourage minorities, women and local residents to seek employment with our company
on this basis.
r—t
B. will undertake the
(Name of Company)
following six(6)steps to improve our Affirmative Action Program:
1. Minority Recruitment and Employment;
2. Local Recruitment and Employment;
3. Disabled Veteran and Vietnam Era Veteran Recruitment and Employment;
4. Handicapped Recruitment and Employment;
5. Female Recruitment and Employment; and
6. Training, Upgrading and Promotional Opportunities.
1.0
C. will take
(Name of Company)
whatever steps are necessary to ensure that our total work force has adequate minority,
female, and local representation. We will utilize the following methods in our recruitment
attempts:
1. Local advertising media(newspapers, radio, TV);
2. Community organizations(churches, clubs, schools);
3. Public and private institutions in the area(UNI, Hawkeye Community College);
4. Job Service of Iowa; and
5. Other.
D. will seek qualified minority,
(Name of Company)
female, and local group applicants for all job categories and will make asserted efforts to
increase minority, female and group representation in occupations at the higher levels or
skill and responsibility.
E. All sources of employment used shall be aware that we are an Equal Employment
Opportunity Employer. Labor organizations representing our employees will be notified
of our Equal Employment Opportunity Policy and Affirmative Action Program.
F. Training, upgrading, promotion and transfer activities at all levels will be monitored to
ensure that full consideration has been given to qualified minority, female, and local
group employees.
G. will encourage other
(Name of Company)
companies with whom we are associated and/or do business, to do the same and we will
assist them in their efforts.
H. has taken the following
(Name of Company)
AFFIRMITIVE ACTION PROGRAM Page. AP-3 of 9
AECOM 60338621
Affirmative Action to ensure that minority, female, local contractors and/or suppliers were
provided opportunities to negotiate and/or bid on this project: (if none, write"NONE")
1.
2.
As a result of the above efforts, we have involved minority, female, and local contractors
and/or suppliers in the following areas of subcontracting: (if none, write "NONE")
1.
2.
J. will require approved
(Name of Company)
Affirmative Action Programs from all nonexempt contractors who propose to work on this
project and will take whatever steps are necessary to ensure that non-minority -
contractors have adequate representation of minority, female and local persons in their
total work force.
K. In further accordance with rules and guidelines issued pursuant to Executive Order
11246 as amended, we establish the goals for our company, based on parity
percentages supplied by the City, and we realize these goals will be reviewed on an
annual basis.
L. will keep records of
(Name of Company)
specific actions relative to recruitment, employment, training, upgrading and promotion
and will provide the City of Waterloo with any information relative to same, including
activities of our SUBCONTRACTORS and suppliers as necessary or when requested.
M. Parity figures for companies located in Waterloo are as follows:
Minority Parity= .08(8%)
N. Affirmative Action(Name of Company)
Employment Goals:
The definition of Affirmative Action Goals is as follows: "Goals may not be rigid and
inflexible quotas which must be met, but must be targets, reasonably attainable by means
of applying every good faith effort to make all aspects of the entire Affirmative Action
Program work."
For the year 201_, 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: cyo
*Your affirmative action goals should be between 1% and 10% or more for minorities and
1% and 5% or more for women.
AFFIRMITIVE ACTION PROGRAM Page AAP-4 of 9
AECOM 60338621
Please be advised chat the goals or targets are purely your estimation of how many
women and minorities your company can reasonably expect to hire in 201_. Note, that
none of the goals are rigid or inflexible. They are targets that your company calculates as
reasonably attainable. This will help the City in its monitoring procedures as required by
City of Waterloo Resolution No. 1984-142(4).
0.1
AFFIRMITIVE ACTION PROGRAM Page AAP-5 of 9
AECOM 60338621
CONTRACTOR'S TOTAL WORK FORCE
(WATERLOO)
HOURLY
NAME AND ADDRESS JOB CATEGORY RACE SEX WAGE
INDICATE: DISABLED VETERAN: DV
VIETNAM ERA VETERAN: VV
HANDICAPPED: H
AFFIRMITIVE ACTION PROGRAM Page AAP-6 of 9
AECOM 60338621
A
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.
r�
Respectfully submitted,
r-• By:
Company Executive
Date
By:
Equal Employment
Opportunity Officer
Date
City of Waterloo Affirmative Action Officer
Approved
Disapproved Reason:
By:
Date:
AFFIRMITIVE ACTION PROGRAM Page AAP-7 of 9
AECOM 60338621
DESCRIPTION OF JOB CATEGORIES
1. Officials/Manager: Occupations in which employees set broad policies, exercise overall
responsibility for execution of all policies, or direct individual departments or special phases of the
agency's operations or provide specialized consultation on a regional, district or area basis.
Includes: department heads, bureau chiefs, division chiefs, directors, deputy directors,
controllers, examiners, wardens, superintendents, unit supervisors, sheriffs, police and fire chiefs
and inspectors and kindred workers.
2. Professionals: Occupations which require specialized and theoretical knowledge which is
usually required through college training or thorough work experience and other training which
provides comparable knowledge. Includes: personnel and labor relations workers, social
workers, doctors, psychologists, registered nurses, economists, dietitians, lawyers, system
analysts, accountants, engineers, employment and vocational rehabilitation counselors, teachers
or instructors, police and fire captains and lieutenants and kindred workers.
3. Technicians: Occupations which require a combination of basic scientific or technical knowledge
and manual skill which can be obtained through specialized post-secondary school education and
through equivalent on-the-job training. Includes: computer programmers and operations,
draftsmen, surveyors, licensed practical nurses, photographs, radio operators, technical
illustrators, police and fire sergeants and kindred workers.
4. Office/Clerical: Workers are responsible for internal and external communication, recording and
retrieval of data and/or information and other paper work required in an office. Includes:
bookkeepers, messengers, office machine operators, clerk-typists, stenographers, court
transcribers, hearing reporters, statistical clerks, dispatchers, license distributors, payroll clerks
and kindred workers.
5. Skilled Craft Workers: Workers perform jobs which require special manual skill and a thorough
and comprehensive knowledge of the processes involved in the work which is acquired through
on-the-job training programs. Includes: Mechanics and repairman, electricians, heavy equipment
operators, stationary engineers, skilled machine occupations, carpenters, compositors and
typesetters and kindred workers.
6. Sales Workers: Occupations engaging wholly and primarily in direct selling. Includes:
advertising agents and salesman, insurance agents and brokers, real estate agents and brokers,
stock and bond salesmen, demonstrators, salesmen and sales clerks, grocery clerks and cashier
checkers, and kindred workers.
7. Operatives (semi-skilled): Workers who operate machine or processing equipment or perform
other factory-type duties of intermediate skill level which can be mastered in a few weeks and
require only limited training. Includes: apprentices (auto mechanics), plumbers, building trades,
metal working trades, bricklayers, carpenters, electricians, machinists, mechanics, printing trades,
etc., operatives, attendants (auto service and parking), plasterers, chauffeurs, deliverymen and
furnacemen, heaters (metal), laundry and dry cleaning operatives, milliners, mine operatives and
laborers, motormen, oilers and greasers, (except auto painters), (except construction and
maintenance), photographic process workers, stationary fireman, truck and tractor drivers,
weavers, (textile),welders and flame cutters and kindred workers.
8. Laborers (unskilled): Workers in manual occupations which generally require no special
training. Perform elementary duties that may be learned in few days and require the application
of little or no independent judgment. Includes: garage laborers, car washers and greasers,
gardeners (except farm) and groundskeepers, longshoremen, and stevedores, lumbermen,
raftsmen and woodchoppers, laborers performing lifing, digging, mixing, loading and pulling
operations and kindred workers.
AFFIRMITIVE ACTION PROGRAM Page AAP-8 of 9
AECOM 60338621
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): Procuction. . . 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.
AFFIRMITIVE ACTION PROGRAM Page AAP-9 of 9
AECOM 60338621
ITEMS OF POTENTIAL MBE/WBE PARTICIPATION
NOTICE TO PROSPECTIVE BIDDERS:
The following are items from the EPA RICE NESHAP AIRPORT EMERGENCY GENERATOR
UPGRADE that have a potential for MBE/WBE Participation. This listing, however, is not intended to be all
encompassing; to preclude MBE/WI3E Contractors from bidding on any items of the Proposal as a
Subcontractor or the entire Proposal as a Prime Contractor.
All items are eligible for participation.
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
ITEMS OF POTENTIAL MBE/WBE Page M-1 of 6
AECOM 60338621
SUBCONTRACTOR'S BID REQUEST FORM
PRIME BIDDER'S LETTERHEAD
Contract No.:
Letting Date:
I, (subcontractor's name), hereby attest that I have been solicited for a bid on (project name) in the area
of(description of work and bid item no.).
(Prime contractor) has informed me that if I am interested in bidding, a subcontracting bid proposal must
be submitted to the company office by(date)and (time).
Subcontractor's Company Name
Date Subcontractor's Signature
Date Prime Bidder's Signature
ITEMS OF POTENTIAL MBE/WBE Page M-2 of 6
AECOM 60338621
LETTER TO BE USED WHEN SOLICITING FOR
SUBCONTRACTOR QUOTES
Subcontractor Company Name
Address
r•
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
(Date)
and
(Time)
Sincerely,
(Prime Contractor's Representative)
Form CCO-3 (11/28/2001)
ITEMS OF POTENTIAL MBE/WBE Page M-3 of 6
AECOM 60338621
LETTER OF INTENT TO BID
(MBE/WBE LETTER)
According to the Current MBE/WBE Contract Compliance Program - 2002, all MBE/WBE Contractors
interested in submitting subcontractor quotes on construction projects with goals, MUST submit a
LETTER OF INTENT TO BID to the City of Waterloo Contract Compliance Officer at least seven (7) days
prior to bid opening.
The LETTER OF INTENT TO BID must list the specific items which the MBE/WBE Contractor is
interested in bidding.
Letter should include the following:
Name of Project:
Your Company Name:
Address:
Phone: Date:
List of Specific items to be bid:
Item No. Description:
Item No. Description:
Item No. Description:
Item No. Description:
Item No. Description:
(Subcontractor's Company Name and authorized signature)
Return this LETTER OF INTENT TO BID to:
Contract Compliance Officer
Community Development Board
620 Mulberry St.
Carnegie Annex, Suite 202
Waterloo, IA 50703
Phone: (319)291-4429
Form CCO-5(06-20-2002)
ITEMS OF POTENTIAL MBENVBE Page M-4 of 6
AECOM 60338621 '-
0 MA
MBE/WBE BUSINESS ENTERPRISE
PRE-BID CONTACT INFORMATION FORM INSTRUCTIONS
Prime Contractor Responsibilities:
Prime Contractors bidding on City of Waterloo contract wo-k 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 MBEMVBE 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 providing that service. If you have submitted a MBEMVBE 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 tc 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 corresponderce 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"MBEMVBE BUSINESS ENTERPRISE
PRE-BID CONTACT INFORMATION FORM"on why the MBEMVBE was not selected.These reasons could include:
a. Not low bid.Copies of the competing bids may ee 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 MBEMVBE business for a subcontract.
d. Prime contractor self performs work.
e. Any other reason relied on by the Prime 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.
Subcontractors Responsibilities:
1. Each MBEMVBE 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.
Form CCO-4A Rev.07-08-02
ITEMS OF POTENTIAL MBE/WBE
Page M-5 of 6
AECOM 60338621
MBE/WBE BUSINESS ENTERPRISE
PRE-BID CONTACT INFORMATION FORM
Prime Contractor Name:
Project: Letting Date:
NO MBEIWBE SUBCONTRACTORS: If you are NOT using any MBEIWBE subcontractors to complete this project,sign below.Attach a brief explanation as to
why subcontracting was not feasible with this project.If any MBENVBE 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 MBEIWBE subcontractor contacts made for your bid submission.This information is subject to verification.Any questions should 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 MBEIWBE Business Enterprise contacts
made prior to your bid submission.This information is subject to verifications and confirmation.
If you are unable to identify MBEIWBE firms to perform portions of the work,please contact Louis Starks,Contract Compliance Officer,for assistance at(319)291-
4429.
In the event it is determined that the MBEIWBE 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
MBEIWBE BUSINESS ENTERPRISE CONTACTS
Quotes Received Quotation Used in Bid
MBEIWBE Dates YeslNo Dates Yes/No Dollar Amount Proposed to
Subcontractors Contacted Contacted be Subcontracted
(Form CCO-4)Rev.06-20-02
Page M-6 of 6
ITEMS OF POTENTIAL MBEIWBE
AECOM 60338621
CERTIFIED
MBE / WBE CONTRACTORS
CITY OF WATERLOO, IOWA
°Ierioo
CONTRACT COMPLIANCE OFFICE
Community Development Board
Carnegie Annex, Suite 202
620 Mulberry Street
Waterloo,Iowa 50703
City WEB Site: www.ci.waterloo.ia.us
Contract Compliance
WEB Site
for listing updates: http://www.cityofwaterlooiowa.com/contractcompliance
Contact: Rudy Jones, Community Development Director
Email: rudv.jonesAwaterloo-ia.org
Phone: (319) 291-4429
Fax: (319) 291-4431
MBE/WBE Certified Contractors List
Pagel of 4
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
MBE/WBE Certified Contractors List,Revised 9-9-14
Page 2 of 4
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 FLATWORKAND GENERAL CONSTRUCTION
CERTIFIED WBE CONTRACTORS
ATLAS PAINTING, INC.*
911 Sycamore Street
P.O. BOX 65
Waterloo, IA 50704
Phone: (319) 232-9164
Specializing in:
MBE/WBE Certified Contractors List,Revised 9-9-14
Page 3 of 4
COMMERCIAL AND INDUSTRIAL PAINTING
WATCO CONSTRUCTION, INC.*
2920 Texas Street
Waterloo,IA 50702
Phone : (319) 233-7481
Certified: City of Waterloo WBE
Contact : Patricia J. Kimball
Specializing in:
STORM SEWER, INLETS, DRAIN TILE, WATER MAIN, SANITARY SEWER, INTAKE
STRUCTURES
* DENOTES WOMEN BUSINESS ENTERPRISE
MBE/WBE Certified Contractors List,Revised 9-9-14
Page 4 of 4
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?
STATEMENT OF BIDDER'S QUALIFICATIONS
AECOM 60338621 Page SBQ-1 of 2
17. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any
information requested by the City of Waterloo, Iowa, in verification of the recitals comprising this
Statement of Bidder's Qualifications.
Dated at this day of 2015.
(Name of Bidder)
By:
Title:
State of
)ss:
County of
, being duly sworn deposes and says that he is_
of
(Name of Organization)
and that the answers to the foregoing questions and all statements therein contained are true and correct.
Subscribed and sworn to before me this day of , 2015.
Notary Public
My commission expires ,
STATEMENT OF BIDDER'S QUALIFICATIONS Page SBQ-2 of 2 —
AECOM 60338621
CONTRACT PROVISION
Targeted Small Business (TSB)
Affirmative Action Responsibilities
on
Non-Federal Aid Projects (Third-Party State-Assisted Projects)
_
May 2012
TSB CONTRACT PROVISION TSB-1 of 7
AECOM 60338621
May 2012
CONTRACT PROVISION
Targeted Small Business(TSB)Affirmative Action Responsibilities
on Non-Federal-aid Projects(Third-party State-Assisted Projects) _
1. TSB DEFINITION
A TSB is a small business,as defined by Iowa Code Section 15.102(5),which is 51%or more owned,operated
and actively managed by one or more women,minority persons or persons with a disability. Generally this is a
for-profit small business enterprise under single management,is located in Iowa and has an annual gross income
of less than 3 million dollars computed as an average of the three preceding fiscal years.
2. TSB REQUIREMENTS
In all State-assisted projects made available through the Iowa Department of Transportation,local governments
have certain affirmative action requirements to encourage and increase participation of disadvantaged —
individuals in business enterprises. These requirements are based on Iowa Code Section 19B.7 and 541 Iowa
Administrative Code Chapter 4. These requirements supersede all existing TSB regulations,orders,circulars and
administrative requirements.
3. TSB DIRECTORY INFORMATION
Available from: Iowa Department of Inspections and Appeals
Targeted Small Business
Lucas Building
Des Moines, IA 50319
Phone:515-281-7102
Website:http://dia.iowa.gov/page7.html
4. THE CONTRACTOR'S TSB POLICY
The contractor is expected to promote participation of disadvantaged business enterprises as suppliers,
manufactures and subcontractors through a continuous, positive,result-oriented program. Therefore the
contractor's TSB policy shall be:
It is the policy of this firm that Targeted Small Business{TSB)concerns shall have the maximum practical
opportunity to participate in contracts funded with State-assisted funds which are administered by this
firm(e.g.suppliers,manufactures and subcontractors). The purpose of our policy is to encourage and
increase the TSB participation in contracting opportunities made available by State-assisted programs.
5. CONTRACTOR SHALL APPOINT AN EQUAL EMPLOYMENT OPPORTUNITY(EEO)OFFICER
The contractor shall designate a responsible person to serve as TSB officer to fulfill the contractors affirmative
action responsibilities. This person shall have the necessary statistics,funding,authority and responsibility to
carry out and enforce the firm's EEO policy. The EEO officer shall be responsible for developing,managing and
implementing the program on a day-to-day basis. The officer shall also: _
A. For current TSB information,contact the Iowa Department of Inspections and Appeals(515-281-7102)
TSB CONTRACT PROVISION TSB-2 of 7
AECOM 60338621
TSB Affirmative Action Responsibilities
'— to identify potential material suppliers,manufactures and contractors.
B. Make every reasonable effort to involve TSBs by soliciting quotations from them and incorporating them
into the firm's bid.
C. Make every reasonable effort to establish systematic written and verbal contact with those TSBs having
the materials or expertise to perform the work to be subcontracted,at least two weeks prior to the time
quotations are to be submitted. Maintain complete records of negotiation efforts.
D. Provide or arrange for assistance to TSBs in seeking bonding,analyzing plans/specifications or other
actions that can be viewed as technical assistance.
E. Ensure the scheduled progress payments are made to TSBs as agreed in subcontract agreements.
F. Require all subcontractors and material suppliers to comply with all contract equal opportunity and
affirmative action provisions.
6. COUNTING TSBs PARTICIPATION ON A PROJECT
TSBs are to assume actual and contractual responsibilities for provision of materials/supplies,subcontracted
work or other commercially useful function.
A. The bidder may count:
(1) Planned expenditures for materials/supplies to be obtained from TSB suppliers and
manufacturers;or
(2) Work to be subcontracted to a TSB;or
(3) Any other commercially useful function.
B. The contractor may count:
(1) 100%of an expenditure to a TSB manufacturer that produces/supplies goods manufactured
from raw materials.
(2) 60%of an expenditure to TSB suppliers that are not manufacturers;provided the suppliers
perform a commercially useful function in the supply process.
(3) Only those expenditures to TSBs that perform a commercially useful function in the work of a
contract,including those as a subcontractor.
(4) Work the Contracting Authority has determined that it involves a commercially useful function.
The TSB must have a necessary and useful role in the transaction of a kind for which there is a
market outside the context of the TSB program. For example,leasing equipment or purchasing
materials from the prime contractor would not count.
7. REQUIRED DATA,DOCUMENTS AND CONTRACT AWARD PROCEDURES FROM BIDDERS/CONTRACTORS FOR
PROJECTS WITH ASSIGNED GOALS
A. Bidders
Bidders who fail to demonstrate reasonable positive efforts may be declared Ineligible to be awarded
TSB CONTRACT PROVISION TSB-3 of 7
AECOM 60338621
TSB Affirmative Action Responsibilities
the contract. Bidders shall complete the bidding documents plus a separate form called"TSB Pre-Bid
Contact Information". This form includes:
(1) Name(s)of the TSB(s)contacted regarding subcontractable items.
(2) Date of the contract.
(3) Whether or not a TSB bid/quotation was received.
(4) Whether or not the TSB's bid/quotation was used. _
(12) The dollar amount proposed to be subcontracted.
B. Contractors Using Quotes from TSBs,
Use those TSBs whose quotes are listed in the"Quotation Used in Bid"column along with a"yes"
indicated on the Pre-bid Contact Information form.
C. Contractors NOT Using Quotes from TSBs
If there are no TSBs listed on the Pre-bid Contract Information form,then the contractor shall document
all efforts made to include TSB participation in this project by documenting the following:
(1) What pre-solicitation or pre-bid meetings scheduled by the contracting authority were
attended?
(2) Which general news circulation,trade associations and/or minority-focused media were
advertised concerning the subcontracting opportunities?
(3) Were written notices sent to TSBs that TSBs were being solicited and was sufficient time allowec
for the TSBs to participate effectively?
(4) Were initial solicitations of interested TSBs followed up?
(5) Were TSBs provided with adequate information about the plans,specifications and
requirements of the contract?
(6) Were interested TSBs negotiated with in good faith? If a TSB was rejected as unqualified,was
the decision based on an investigation of their capabilities?
(7) Were interested TSBs assisted in obtaining bonding,lines of credit or insurance required by the
contractor?
(8) Were services used of minority community organization,minority contractors groups;local,
State and Federal minority business assistance offices or any other organization providing such
assistance.
The above documentation shall remain in the contractor's files for a period of three(3)years after the
completion of the project and be available for examination by the Iowa Department of Inspections and Appeals.
8. POSITIVE EFFORT DOCUMENTATION WHEN NO GOALS ARE ASSIGNED
Contractors are also required to make positive efforts in utilizing TSBs on all State-assisted projects which are
not assigned goals. Form"TSB Pre-bid Contact Information"is required to be submitted with bids on all
projects.If there is no TSB participation,then the contractor shall comply with section 7C.of this document prior
to the contract award.
TSB CONTRACT PROVISION TSB-4 of 7
AECOM 60338621
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TSB CONTRACT PROVISION TSB-5 of 7
AECOM 60338621
......
UTILIZATION OF TARGETED SMALL BUSINESS(TSB)ENTERPRISES
ON NON-FEDERAL AID PROJECTS
(THIRD-PARTY STATE-ASSISTED PROJECTS)
In accordance with Iowa Code Section 190.7 and 541 Iowa Administrative Code(IAC)Chapter 4,it is the policy of the Iowa
Department of Transportation(Iowa DOT)that Targeted Small Business(TSB)enterprises shall have the maximum practicable _
opportunity to participate in the performance of contracts financed in whole or part with State funds.
Under this policy the Recipient shall be responsible to make a positive effort to solicit bids or proposals from TSB firms and to utilize
TSB firms as contractors or consultants. The Recipient shall also ensure that the contractors or consultants make positive efforts to —
utilize TSB firms as subcontractors,subconsultants,suppliers,or participants in the work covered by this agreement.
•
The Recipient's"positive efforts"shall include,but not be limited to: _
43. Obtaining the names of qualified TSB firms from the Iowa Department of Inspections and Appeals(515-281-7102)or from
its website at:http://dia.iowa.eov/page7.html.
44. Notifying qualified TSB firms of proposed projects Involving State funding. Notification should be made in sufficient time to
allow the TSB firms to participate effectively in the bidding or request for proposal(RFP)process.
45. Soliciting bids or proposals from qualified TSB firms on each project,and identifying for TSB firms the availability of
subcontract work.
46, Considering establishment of a percentage goal for TSB participation in each contract that is a part of this project and for
which State funds will be used. Contract goals may vary depending on the type of project,the subcontracting opportunities
available,the type of service or supplies needed for the project,and the availability of qualified TSB firms in the area.
47. For construction contracts:
a) Including in the bid proposals a contract provision titled"TSB Affirmative Action Responsibilities on Non-Federal Aid
Projects(Third-Party State-Assisted Projects)"or a similar document developed by the Recipient. This contract
provision is available on-line at:
http://www.dot.state.ia.us/local_systems/publications/tsb_contract_provision.pdf
b) Ensuring that the awarded contractor has and shall follow the contract provisions.
48. For consultant contracts:
a) Identifying the TSB goal in the Request for Proposal(RFP),if one has been set.
b) Ensuring that the selected consultant made a positive effort to meet the established TSB goal,if any. This should ._
include obtaining documentation from the consultant that includes a list of TSB firms contacted;a list of TSB firms that
responded with a subcontract proposal;and,if the consultant does not propose to use a TSB firm that submitted a
subcontract proposal,an explanation why such a TSB firm will not be used.
The Recipient shall provide the Iowa DOT the following documentation:
22. Copies of correspondence and replies,and written notes of personal and/or telephone contacts with any TSB firms. Such
documentation can be used to demonstrate the Recipient's positive efforts and it should be placed in the general project _
file.
23. Bidding proposals or RFPs noting established TSB goals,if any.
24. The attached"Checklist and Certification." This form shall be filled out upon completion of each project and forwarded to:
Iowa Department of Transportation,Civil Rights Coordinator,Office of Employee Services,800 Lincoln Way,Ames,IA
50010.
TSB CONTRACT PROVISION TSB-6 of 7 _
AECOM 60338621
CHECKLIST AND CERTIFICATION
For the Utilization of Targeted Small Businesses(TSB)
On Non-Federal-aid Projects(Third-Party State-Assisted Projects)
Recipient: Project Number:
County: Agreement Number:
1. Were the names of qualified TSB firms obtained from the Iowa Department of Inspections and Appeals? 0 YES r.) NO
If no,explain
2. Were qualified TSB firms notified of project? El YES Li NO
If yes,by El letter, 0 telephone, U personal contact,or 0 other(specify)
If no,explain
3. Were bids or proposals solicited from qualified TSB firms? DYES D NO
If no,explain
4. Was a goal or percentage established for TSB participation? DYES Li NO
If yes,what was the goal or percentage?
11•=1
If no,explain why not:
5. Did the prime contractor or consultant use positive efforts to utilize TSB firms on subcontracts? CI YES 0 NO
If no,what action was taken by Recipient?
Is documentation in files? DYES LI NO
Waft 6. What was the dollar amount reimbursed to the Recipient
from the Iowa Department of Transportation?
What was the final project cost?
What was the dollar amount performed by TSB firms?
Ira
Name(s)and address(es)of the TSB firm(s)
(Use additional sheets if necessary)
Was the goal or percentage achieved? Li YES Li NO
mom
If no,explain
As the duly authorized representative of the Recipient,I hereby certify that the Recipient used positive efforts to utilize TSB firms as
participants in the State-assisted contracts associated with this project.
Title
Signature
TSB CONTRACT PROVISION TSB-7 of 7
AECOM 60338621
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 EPA RICE NESHAP Airport Emergency
Generator Upgrade, in accordance with these specifications.
The specifications are dated April 2015. They have the general title of EPA RICE NESHAP
Airport Emergency Generator Upgrade.
The Iowa Department of Transportation Standard Specifications for Highway and Bridge
Construction, Series of 2012, are to be used, along with the special provisions described herein,
and shall be considered as part of the contract documents.
2. CONFLICTING SPECIFICATIONS
All requirements of other specifications contained in the contract documents which conflict with
the provisions of the special provisions will be considered void.
3. DUMPING AREAS
Excess material resulting from construction operations shall be hauled to the County Landfill or
other area secured by the contractor and approved by the City Engineer. Rubble, rubbish, trees,
brush, and other unsuitable backfill material, as designated by the City Engineer, shall be hauled
to the County Landfill. All Landfill charges are to be considered incidental to the contract and are
the responsibility of the contractor.
4. CONSTRUCTION DAMAGE
r-R
The Contractor shall exercise care during construction operations to ensure the safety and
protection to existing features located near or within the limits of construction. Damage caused
by negligence or poor workmanship, as determined by the Engineer, shall be considered the
Contractor's responsibility.
5. REMOVED MATERIALS
All materials removed as part of this Contract shall remain the property of the City unless the City
determines that the materials are not salvageable and the City does not want to retain ownership
of the materials. Materials designated in the field by the Engineer as 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.
6. 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.
Iman
GENERAL SPECIAL PROVISIONS Page GSP-1 of 5
AECOM 60338621
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 Engineer shall approve Contractor's work schedule prior to starting. All revisions shall also
be approved. The 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 ten (10)days after receipt of the "Notice to Proceed"
and diligently execute the work of the contract to completion.
11. PRE-CONSTRUCTION CONFERENCE
Before any work is started, the Contractor shall arrange with the Engineer to hold a pre-
construction conference for the purpose of discussing the contract.
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.
GENERAL SPECIAL PROVISIONS Page GSP-2 of 5
AECOM 60338621
13. 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.
14. WORKING ON SATURDAYS, SUNDAYS AND LEGAL HOLIDAYS
The Contractor shall notify he 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.
15. ACCESS TO SITE. Access to the work shall be limited to those gates and routes indicated on
the plans. All areas used by the Contractor either for access or for construction operations shall
be repaired by the Contractor after completion of the Contract work to restore such areas to
essentially their original condition.
All unsurfaced roads used by the Contractor shall be watered regularly by the Contractor to
reduce dust. All surfaced roads, streets, or airport pavement used by the Contractor for access
or hauling shall be swept at least daily or as directed by the Engineer. All damage to surfaced
roads used by the Contractor shall be repaired to original condition or better at no cost to the
^• Owner.
The Contractor shall be solely responsible for security at those airport property entrance gates
assigned to his use. At all times gates are unlocked the Contractor shall provide a full-time guard
who shall:
1. Allow entry onto airpert property of only those persons authorized, carrying proper
identification, and previously registered with the Airport Security Office as Contractor's
personnel, supplier, subcontractor or other party in connection with the work.
2. Keep a log of all vehic es and persons entering and leaving through the gate under his
control.
3. Report immediately to the Airport Office any unauthorized entry into the airport.
16. INSPECTION OF THE SITE. Contractor shall inspect the construction site and the area of work
in general and familiarize himself with existing conditions.
Bidders shall arrange an individual site visit prior to Bidding by contacting the Airport Director at
(319)291-4483.
17. SECURITY REQUIREMENTS. Contractor's supervisory employees shall obtain Security
Clearance prior to having access to any area on the Airport within the limits of the perimeter fence
(the 8' and 10' chain link fence). Other contractor employees who have a need for access to a
work area on the Airport must be escorted by an employee with current Security Clearance. The
GENERAL SPECIAL PROVISIONS Page GSP-3 of 5
AECOM 60338621
Security-Cleared employee shall have no more than 10 employees under his/her direct
supervision. This employee shall be in direct contact and control of and be responsible for all
employees under his/her supervision at all times. The procedure for a Contractor's employee to
obtain Security Clearance is as follows.
a. Obtain fingerprint form from the Airport Administration. Provide data on the fingerprint form
and take it to the Waterloo Police Department office in City Hall. Fingerprinting will be
conducted by the Waterloo Police Department. Return the completed fingerprint form to the
Airport Administration. The cost of fingerprinting at the Waterloo Police Department is
$10.00 per person to be paid at time of fingerprinting.
b. The completed fingerprint form that has been returned to the Airport Administration will be
forwarded for a criminal background check.
c. After the background check is completed, which takes approximately 7-10 days, Airport
Administration will issue approval notice of unescorted access to the airfield.
d. Prior to access to the airfield, the person(s) are required to attend a Driver Training Program
at the airport. This program takes approximately two(2) hours to complete.
e. In addition to the cost of fingerprinting, a non-refundable payment in the amount of $100 is
required for each Airport Security Clearance Request. This payment is due to the Waterloo
Regional Airport when the completed fingerprint form is returned to Airport Administration.
Each company or agency must provide the Airport Administration with a list of individuals who
have or are requesting Airport Security Clearance.
18. WORK AREA. The Contractor's operations, including storage of materials upon the site, shall be
confined to authorized or approved areas. No unauthorized or unwarranted entry upon, or
passage through, or storage of materials shall be made upon other airport premises. Temporary
buildings, storage sheds, shops and office, etc., may be erected by the Contractor only with the
prior approval of the Engineer and shall be built with labor and materials furnished by the
Contractor without expense to the airport. Such temporary buildings and utilities shall remain the
property of the Contractor and shall be removed by him, at his expense, after the completion of
the work.
19. CLEANUP OF PROJECT SITE. The Contractor shall at all times keep the site of the work and
adjacent premises as free from materials, debris, rubbish and trash as practicable, and shall
remove same from any portion of the site if, in the opinion of the Owner, such materials, debris,
rubbish or trash constitute a nuisance or are objectionable in any way to the public. The
Contractor shall be responsible for the removal of dirt accumulation or any other debris on
pavements resulting from the Contractor's operations on the work.
At the completion of the work the Contractor shall remove all materials, implements, barricades,
equipment, staging, piling, falsework, debris and rubbish connected with or caused by operations
for such work immediately upon the completion of that work and shall leave the premises in
perfect condition insofar as affected by the work under this Contract. Fires for disposal of rubbish
on the site are prohibited.
At the end of each day, the project site shall be inspected and cleaned of construction debris and
trash. The project site shall be inspected by air operations prior to opening area to aircraft.
All cleaning shall be accomplished by a street sweeper or power broom to remove debris. Prior
to sweeping, the area shall be cleaned of large debris, concrete, mud, etc., with an end loader.
GENERAL SPECIAL PROVISIONS Page GSP-4 of 5
AECOM 60338621
If the Contractor should fail to clean up the premises as required above, the Owner after giving
the.Contractor one (1) hour notice, may do so and charge the cost thereof to the Contractor. The
Airport and the Contractor hereby agree that the cleanup charge will be$200.00 per hour.
20. TEMPORARY TOILETS. The Contractor shall provide and maintain temporary sanitary facilities
as necessary for use of workmen. All facilities must be in compliance with statutory sanitation
requirements.
21. CONTRACTOR COMMUNICATION. The Contractor shall provide a telephone, pager, etc., on
the project site to enable communication between the Contractor and the Engineer or Airport
personnel. The Contractor shall also have a 24-hour contact person for after-construction-hours
communication. This person shall be contacted in case of an emergency on the project site.
22. CONVICT LABOR. No convict labor may be employed under this contract.
23. CONSTRUCTION ACCESS ROUTE. See Figure 1 at the end of this section.
24. SITE PLAN. See Figure 1 at the end of this section.
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GENERAL SPECIAL PROVISIONS
Page GSP-5 of 5
AECOM 60338621
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SPECIAL PROVISIONS
1. 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 rot completed within the specified contract period, plus authorized
extensions, the Contractor shall pay to the City Liquidated Damages in the amount of$500.00 per
day, for each day, as further described herein, in excess of the authorized time.
Days beyond the specified completion date for which Liquidated Damages will be charged will be
working days that the Contractor does, or could have worked from Monday through Saturday.
Sundays will be counted only if work is performed. Partial working days will be considered as a
full working day. Days not chargeable for Liquidated Damages will include rain days, Sundays, if
no work is done, and legal holidays.
Working days will cease to be charged when only punch list items remain to be completed.
Punch list 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.
2. PERCENT OF CONTRACT TO BE PERFORMED BY PRIME CONTRACTOR
The prime contractor shall be required to perform at least 35 percent of the total contract amount
of the project.
3. SHOP DRAWINGS, CERTIFICATES,AND EQUIPMENT LISTS
A. Submission of Drawings:
1. The Contractor shall submit to the Engineer all shop drawings and equipment
drawings or lists as called for in the contract documents or as requested by the
Engineer. Drawings and listings shall be complete and shall contain all required
detail information conveyed according to the latest recommended standards for
detailing.
2. The Contractor shall make any corrections required by the Engineer and submit
the revised sr op or equipment drawings or listings for review. After review by the
Engineer, the shop or equipment drawings or listings will be so marked, dated,
signed by the Engineer, and forwarded to the Contractor for reproduction and
distribution.
B. Submission of Equipment Lists:
1. If requested in the contract documents, as soon as practicable after award of
contract and before any items of material or equipment are purchased, the
Contractor shall submit to the Engineer for review a complete list of the principal
fixtures and equipment to be incorporated into the work.
SPECIAL PROVISIONS SP-1 of 4
AECOM 60338621
2. The Contractor shall also submit applicable brochures, technical data, catalogs,
cuts, diagrams, manufacturer's drawings and installation instructions, samples if
required, and other descriptive data including the complete description, trade
name, model number, type, size, and rating.
C. Engineer's Review:
1. Review by the Engineer shall not be construed as a complete check but will
indicate only that the general method of construction and detail is satisfactory.
The Engineer assumes no responsibility for errors in dimensions in the shop
drawings and assumes the Contractor will use material complying with
requirements of the contract documents or, where not specified, those of sound
and reasonable quality, and will erect the subjects of such shop drawings
according to recognized standards of first quality work or, when specified,
according to standards of the contract documents.
2. Any work done or material ordered by the Contractor prior to review by the
Engineer shall be at the Contractor's risk.
D. ENGINEER'S ACTION ON SUBMITTALS
1. General:
a. Except for submittals for record and similar purposes, where action and return on
submittals required or requested, ENGINEER will review each submittal, mark
with appropriate action, and return. Where submittal must be held for
coordination, ENGINEER will so advise CONTRACTOR without delay.
b. ENGINEER will stamp each submittal with action stamp, appropriately marked
with submittal action.
2. Notification of Insufficient Information:
a. If information submitted is not sufficient to complete review of submittal,
ENGINEER will send transmittal to CONTRACTOR notifying CONTRACTOR that
additional information is required.
b. Submittal will not be returned. Submittal will be placed in an "on hold" status until
CONTRACTOR provides additional information. -
3. Action Stamp:
a. Marking: No Exceptions Taken.
1) Final Unrestricted Release: Where submittals are marked as "No Exceptions
Taken," Work covered by submittal may proceed provided it complies with
Contract Documents. Acceptance of Work depends on that compliance.
b. Marking: Make Corrections Noted.
1) Final-But-Restricted Release: When submittals are marked as "Make
Corrections Noted," Work covered by submittal may proceed provided it
complies with ENGINEER'S notations or corrections on submittal and with
Contract Documents. Acceptance of Work depends on that compliance.
Resubmittal is not required.
SPECIAL PROVISIONS SP-2 of 4
AECOM 60338621
c. Marking: Rejected.
1) Submittal Not Accepted: When submittals are marked as "Rejected," do not
proceed with Work covered by submittal. Work covered by submittal does not
comply with Contract Documents.
2) Prepare new submittal for different material or equipment supplier or different
product line or material of same supplier complying with Contract Documents.
d. Marking: Revise and Resubmit.
1) Returned for Resubmittal: When submittals are marked as "Revise and
Resubmit," do not proceed with Work covered by submittal. Do not permit
Work covered by submittals to be used at Project site or elsewhere where
Work is in progress.
2) Revise submittal or prepare new submittal in accordance with ENGINEER'S
notations. Resubmit without delay. Repeat if required to obtain different
action marking.
4. PROJECT RECORD DOCUMENTS
A. Maintain at the project site one record copy of the drawings, project manual, addenda,
change orders and other modifications to contract, field orders or clarifications, shop
drawings, field test records, and associated permits.
B. Provide one marked up set of drawings to Engineer at substantial completion for use in
preparation of record drawings.
C. Maintain record documents in clean dry, legible condition and in good order. Do not use
record documents for construction purposes. Make record documents available for
inspection by Engineer.
5. BUILDING PERMITS
Contractor shall be required to obtain all necessary building permits from the City of Waterloo
"` Building Department. All costs for permits shall be the responsibility of the Contractor.
6. STANDARD SPECIFICATIONS
1.0
The Standard Specifications, which are referenced in the contract documents, are designated as
follows:
NMI
WATERLOO STANDARD SPECIFICATIONS - "Standard Specifications for Municipal Public
Works Construction, City of Waterloo, Iowa."
7. SPECIAL PROVISIONS
Standard Specifications are amended by the following additions. These are Special Provisions
and shall prevail over those published in the Standard Specifications.
Section 16 01 00—Electrical General Requirements
Section 16 01 10- EPA RICE NESHAP Generator Upgrade
,,.. SPECIAL PROVISIONS SP-3 of 4
AECOM 60338621
8. AIRPORT SECURITY REQUIREMENTS
Contractor's supervisory employees shall obtain Security Clearance prior to having access to any
area on the Airport within the limits of the perimeter fence (the 8' and 10' chain link fence). Other
contractor employees who have a need for access to a work area on the Airport must be escorted
by an employee with current Security Clearance. The Security-Cleared employee shall have no
more than 10 employees under his/her direct supervision. This employee shall be in direct
contact and control of and be responsible for all employees under his/her supervision at all times.
The procedure for a Contractor's employee to obtain Security Clearance is as follows.
a. Obtain fingerprint form from the Airport Administration. Provide data on the fingerprint form
and take it to the Waterloo Police Department office in City Hall. Fingerprinting will be
conducted by the Waterloo Police Department. Return the completed fingerprint form to the
Airport Administration. The cost of fingerprinting at the Waterloo Police Department is$10.00
per person to be paid at time of fingerprinting.
b. The completed fingerprint form that has been returned to the Airport Administration will be
forwarded for a criminal background check.
c. After the background check is completed, which takes approximately 7-10 days, Airport
Administration will issue approval notice of unescorted access to the airfield.
d. Prior to access to the airfield, the person(s) are required to attend a Driver Training Program
at the airport. This program takes approximately two(2)hours to complete.
e. In addition to the cost of fingerprinting, a non-refundable payment in the amount of $100 is
required for each Airport Security Clearance Request. This payment is due to the Waterloo
Regional Airport when the completed fingerprint form is returned to Airport Administration.
Each company or agency must provide the Airport Administration with a list of individuals who
have or are requesting Airport Security Clearance.
SPECIAL PROVISIONS SP-4 of 4
AECOM 60338621
SECTION 16 01 00
ELECTRICAL GENERAL REQUIREMENTS
PART 1 GENERAL
1.1 SCOPE
A. General Conditions of the Contract, Special Conditions and Instructions to Bidders contained
herein are a part of these specifications.
B. This Contractor shall furn sh all labor, materials and equipment and perform all operations
necessary for installation of complete electrical work within the intent of, and as indicated on,
the Drawings and as hereir specified.
1.2 CONTRACT DOCUMENTS
A. The contract drawings are diagrammatic and are not intended to indicate every detail of
construction, or every item of material or equipment required.
B. Contractor shall maintain on the job site one complete set of contract documents of all trades,
and shall coordinate with other trades so as to avoid conflicts.
C. Indicated locations of outlets, equipment connections, etc., are approximate and shall be
verified by reference to related documents (i.e., Architectural casework drawings, equipment
shop drawings, etc.).
1.3 RECORD DRAWINGS
A. During construction of this project, contractor shall maintain one complete set of electrical
.. contract drawings, on which shall be recorded all significant changes in equipment locations,
circuit assignments, etc. This set of drawings shall be used to prepare as-built drawings to be
submitted to Owner upon completion.
B. Upon completion of the project, contractor shall prepare operation and maintenance manuals
for all electrical equipment, which shall include shop drawings, catalog data, equipment
information, detailed maintenance instruction, wiring diagrams, warranty information, etc., for
the electrical installation. Submit three copies to the Engineer for approval and presentation to
the Owner.
1.4 REGULATIONS AND COMPLIANCE
A. 2008 editions of National Electrical Code, state codes or ordinances govern this work. All their
requirements shall be satisfied. Specific reference is made to Article 513 of the National
Electrical Code.
B. This Contractor shall secure and pay for all permits, fees, inspections and licenses required.
Building permits are required for this project. They shall be obtained from the City of Waterloo,
and there is a charge to be paid by the Contractor. Attached is a copy of the City of Waterloo
Building Permit Fee Schedule. Upon completion of job, the Contractor shall present to the
Engineer a certificate of inspection and approval from inspection authorities.
Electrical General Requirements 16 01 00-1
AECOM 60338621
r..
1.5 TEST AND GUARANTEE
A. Upon completion of work, contractor shall demonstrate installation and make such test as may
be required to satisfy the Engineer and Owner that work is installed in accordance with
drawings, specifications and instructions.
B. Contractor shall guarantee the work done in accordance with drawings and specifications, and
to be free of imperfect materials and defective workmanship. Anything unsatisfactory shall be
corrected immediately and at contractor's expense.
C. For a period of one year after acceptance, contractor shall replace, without any expense to the
Owner, any imperfect materials or defective workmanship.
PART 2 PRODUCTS
2.1 GENERAL
A. All materials shall be new, with required Underwriter's Laboratories label, and manufacturer's
label or nameplate giving complete electrical data.
B. Where a manufacturer's catalog number is used, all parts shall be furnished to make it
complete and fit the construction intended.
2.2 SUBMITTALS, ETC.
A. Within twenty(20) days after award of contract, contractor shall submit to Engineer a complete
list in triplicate of ALL materials he proposes to use. List shall show a single manufacturer for
each item. List shall include not only major materials and equipment, but also such items as
conduit fittings, bushings, ground clamps, anchors, outlet boxes, gutters, terminal cabinets, m-
splice connections, fuses, etc.
B. Materials shall be provided by manufacturer and catalog number given in these specifications or
shown on drawings or approved equal. If contractor wishes to furnish another make or number,
he shall furnish complete, detailed data and obtain approval of it in writing from the Engineer.
C. Submit cuts of fixtures, shop drawings on panels, and any other descriptive materials
requested, in six copies.
D. Completely adequate housing shall be provided on the site for orderly and careful storage of all
materials and equipment.
PART 3 EXECUTION
3.1 EXCAVATION
A. Required excavation for installation of all electrical work shall be provided by the Electrical
Contractor.
3.2 CUTTING, PATCHING, ETC.
A. Permitted cutting or patching necessary to the electrical installation shall be done by this
contractor. Structural members shall not be cut except by written permission of Engineer.
Electrical General Requirements 16 01 00-2
AECOM 60338621 --
3.3 CLEANING, ETC.
A. Contractor shall properly protect his work against damage by weather or other trades. All work
shall be left well cleaned, and damaged finishes shall be restored to original condition.
B. Contractor shall keep premises free of debris resulting from his work.
3.4 PAINTING, FINISHING
A. Suitable finishes shall be provided on all items of electrical equipment, conduit, etc., which are
exposed. This shall consist of either an acceptable finish as manufactured and supplied to the
job or application of suitable finishes after installation.
B. All finishing shall be as directed by and shall be satisfactory to the Engineer.
3.5 EQUIPMENT LABELS
A. Suitable labels shall be provided for the identification of major items of electrical equipment
including switchboards, panelboards, motor starters, safety switches, enclosed circuit breakers,
etc.
B. Labels shall be of engraved plastic laminate, not less than 1/16"thick, with black letters on white
field.
C. Engraving shall be of professional quality, with block style letters, minimum 1/4"high.
D. Nameplates shall be attached with 2 cadmium plated screws. Nameplates shall, under no
condition, be attached with epoxy glue or double stick tape.
E. At the close of the projec':, the Contractor shall reduce, photographically, the as-built Power
Riser diagram to approximately 1/2 size, frame and mount under glass. The completed 1/2 size
as-built power Riser diagram shall be rigidly mounted on the main electrical room wall next to
main switchboard.
F. All conduit penetrations of fire-rated assemblies shall be protected by a UL approved
penetration system. This Contractor shall field verify all required locations.
3.6 DEMOLITION
foam
A. Contractor shall visit the site prior to bidding to familiarize himself with the scope of work.
B. In general, all currently occupied spaces shall remain in service throughout the work. Any
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required electrical downtime shall be closely coordinated with the Owner. Contractor shall
assure any downtime shall be during 3rd shift hours.
C. Contractor shall maintain service to any downstream devices in any circuits whose devices are
Poo
to be removed.
D. All wire and conduit shall be removed back to first J-Box required to remain to maintain service
to partially demolished circuits.
E. All demolished materials shall be removed from the site by the Contractor.
END OF SECTION
Electrical General Requirements 16 01 00-3
AECOM 60338621
SECTION 16 01 10
EPA RICE NESHAP Generator Upgrade
PART 1 GENERAL
1.1 SCOPE
A. General Conditions of the Contract, Special Conditions and Instructions to Bidders contained
herein are a part of these specifications.
B. This Contractor shall furnish all labor, materials and equipment and perform all operations
necessary for installation of complete electrical work within the intent of, and as indicated on,
the Drawings and as herein specified.
1.2 CONTRACT DOCUMENTS
A. The contract drawings are diagrammatic and are not intended to indicate every detail of
construction, or every item of material or equipment required.
B. Contractor shall maintain on the job site one complete set of contract documents of all trades,
and shall coordinate with other trades so as to avoid conflicts.
C. Indicated locations of outlets, equipment connections, etc., are approximate and shall be
verified by reference to related documents (i.e., Architectural casework drawings, equipment
shop drawings, etc.).
1.3 RECORD DRAWINGS
A. During construction of this project, contractor shall maintain one complete set of electrical
contract drawings, on which shall be recorded all significant changes in equipment locations,
circuit assignments, etc. This set of drawings shall be used to prepare as-built drawings to be
submitted to Owner upon completion.
B. Upon completion of the project, contractor shall prepare operation and maintenance manuals
for all generator equipment, which shall include shop drawings, catalog data, equipment
information, detailed maintenance instruction, wiring diagrams, warranty information, etc., for
the electrical installation. Submit three copies to the Engineer for approval and presentation to
the Owner.
1.4 REGULATIONS AND COMPLIANCE
A. 2008 editions of National Electrical Code, state codes or ordinances govern this work. All their
requirements shall be satisfied. Specific reference is made to Article 513 of the National
Electrical Code.
B. National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal
Combustion Engines ("RICE NESHAP") limits emissions of toxic air pollutants from stationary
reciprocating internal combustion engines.
C. This Contractor shall secure and pay for all permits, fees, inspections and licenses required.
Building permits are required for this project. They shall be obtained from the City of Waterloo,
and there is a charge to be paid by the Contractor. Attached is a copy of the City of Waterloo
Building Permit Fee Schedule. Upon completion of job, the Contractor shall present to the
Engineer a certificate of inspection and approval from inspection authorities.
EPS RICE NESHAP GENERATOR UPGRADE 16 01 10-1
AECOM 60338621
rr
1.5 TEST AND GUARANTEE
A. Upon completion of work, contractor shall demonstrate installation and make such test as may
be required to satisfy the Engineer and Owner that work is installed in accordance with
drawings, specifications and instructions.
B. Contractor shall guarantee the work done in accordance with drawings and specifications, and
to be free of imperfect materials and defective workmanship. Anything unsatisfactory shall be
corrected immediately and at contractor's expense.
C. For a period of one year after acceptance, contractor shall replace, without any expense to the
Owner, any imperfect materials or defective workmanship.
D. Upon completion of the modifications, contractor shall complete all testing necessary to obtain
and provide RICE certification for a non-emergency generator.
PART 2 PRODUCTS
2.1 GENERAL
A. All materials shall be new, with required Underwriter's Laboratories label, and manufacturer's
label or nameplate giving complete electrical data.
B. Where a manufacturer's catalog number is used, all parts shall be furnished to make it
complete and fit the construction intended. —
2.2 SUBMITTALS, ETC.
A. Within twenty (20) days after award of contract, contractor shall submit to Engineer a complete
list in triplicate of ALL materials he proposes to use. List shall show a single manufacturer for
each item.
B. Materials shall be provided by manufacturer and catalog number given in these specifications or
shown on drawings or approved equal. If contractor wishes to furnish another make or number,
he shall furnish complete, detailed data and obtain approval of it in writing from the Engineer.
PART 3 EXECUTION
3.1 GENERATOR MODIFICATIONS
A. The existing airport generator is a Caterpillar Engine Model 3406, 438 kVA Generator
manufactured in 2003 with a serial number of 8ER03709.
B. The Generator is located in an outdoor enclosure with a subtank for fuel.
C. Contractor shall as a minimum replace the existing muffler with a muffler and catalytic
converter, add a data logger, install thermos-couples to monitor exhaust temperature and add a
closed crankcase vent. Contractor shall complete all items necessary to obtain RICE
certification.
D. Once modifications are completed, contractor shall notify EPA and test for compliance.
END OF SECTION
EPS RICE NESHAP GENERATOR UPGRADE 16 01 00-2
AECOM 60338621
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 specifications is to be performed. The
contract includes all conditions, definitions, and instructions set forth in the official publications relating to
GENERAL SPECS Page GS-1 of 13
AECOM 60338621
the work, the official contract and specifications, the Proposal, official plans, and all supplemental
agreements entered into by the parties to the contract.
14. NOTICE TO BIDDERS. The notice called attention of bidders to the time and place for
receiving bids, containing a brief description of the work, and briefly setting forth the requirements and
conditions for submission of Proposals.
15. INSTRUCTIONS TO BIDDERS. The clauses setting forth in detail the information
relative to the proposed work and requirements for the submission of Proposals.
16. PLANS. The plans for the improvement covered by the specifications and approved by
the Council, official copies of which are on file with the City Clerk.
17. CONTRACT BOND. The bond executed by the Contractor and his surety in favor of the
City of Waterloo, Iowa, guaranteeing the complete execution of the contract in accordance with the plans
and specifications, the payment of all debts pertaining to the work, and maintenance of the work as
provided by law or by the specifications.
18. CONTRACT PERIOD. The period from the specified date for beginning the work to the
specified date of completion, both dates inclusive. The contract period may be extended by the Council,
as provided in these specifications, in which event the contract period includes the new date of
completion.
19. OFFICIAL PUBLICATIONS. The official publications are the formal resolutions and
notices relative to the proposed improvement that are required by law to be published in a prescribed
manner and that have actually been published in accordance with the statutes relating thereto. Attention
is directed to the fact that these official publications are by statute vested with all of the force and effect of
contract obligations.
20. A.S.T.M. Abbreviation for American Society for Testing Materials.
21. WORK. The term "Work"of the Contractor and Subcontractor includes labor or materials
or both, equipment,transportation, or other facilities necessary to complete the contract.
22. TIME. All time limits stated in the contract documents are of the essence in the contract.
SECTION B-SCOPE OF WORK
1. CORRELATION AND INTENT OF DOCUMENTS. The Contract documents are
complementary, and what is called for by any one shall be as binding as if called for by all. The intention
of the documents is to include all labor, materials, equipment, and transportation necessary for the proper
execution of the work. Materials or work described in words which, so applied, have a well-known
technical or trade meaning shall be held to refer to such recognized standard.
2. DRAWINGS AND SPECIFICATIONS. Unless otherwise provided in the contract
documents, the engineer shall furnish to the Contractor, free of charge, all copies of drawings and
specifications reasonably necessary for the execution of the work.
The Contractor shall keep one (1) copy of all drawings and specifications on the work available to
the Engineer and to his representatives.
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
GENERAL SPECS Page GS-2 of 13
AECOM 60338621
contract. No verbal agreement or conversation with any officer, agent, or employee of the City, either
before or after the execution of the Contract, shall affect or modify any of the terms or obligations herein
contained.
4. REPORTING ERRORS AND DISCREPANCIES. If the Contractor, in the course of the
work, finds any discrepancies between the plans and the physical conditions of the locality, or any errors
of omission in plans or in the layout as given by said stakes and instructions, it shall be his duty to inform
the Engineer immediately, in writing, and the Engineer shall promptly correct the same.
5. ALTERATION OR CORRECTION OF PLANS. The plans are made up from surveys
that are presumably correct and represent the foreseen construction requirements. Any modification of
the plans which may be required by the exigencies of the construction or any corrections made necessary
because of errors in the original surveys, will be made by the Engineer. Should corrections or
modifications of the plans or specifications require a different quality or class of work than that upon which
the unit prices in the Proposal are based, or if the modifications or corrections are required in parts of the
work partially completed and such modifications result in an increased cost to the Contractor, the amount
to be paid for work resulting from such changes shall be agreed upon in writing at the time the changes
are ordered and before the work is begun by the Contractor. No allowance will be made for anticipated
profits on work not performed.
NMI
6. CHANGES IN THE WORK. The City, without invalidating the contract, may order extra
work or make changes by altering, adding to, or deducting from the work, the contract sum being adjusted
by agreement or arbitration before such changed work is undertaken. All such work shall be executed
under the conditions of the original contract, except that any claim for extension of time caused thereby
shall be adjusted at the time of ordering such change.
7. INCREASED OR DECREASED QUANTITIES. The right is reserved without impairing
the contract, to order the performance of such work of a class not contemplated in the Proposal or to
increase or decrease the quantities as may be considered necessary to complete fully and satisfactorily
the work included in the contract. However, when the work is completed without change in the plans, and
the measured quantity of any item of work varies by more than twenty percent (20%) from the estimated
quantity specified in the contract, an adjustment in price may be made for such item of work by
agreement between the Engineer and the Contractor, subject to the approval of the City Council. Either
party to the contract may request such an adjustment.
8. LANDS AND RIGHT OF WAY. The City shall provide the lands upon which the work
under this contract is to be done, except that the Contractor shall provide land required for the erection of
temporary construction facilities and storage of his material,together with the right of access to same.
9. CITY WATER. The Contractor shall be allowed to use City Water but before any water is
used, he shall make application to the Waterloo Water Works for a temporary water connection from a fire
hydrant or by some other connection! method. Water usage will be charged at the rate for temporary
water service. The rules, regulations, and water rates are available at the Waterloo Water Works offices
at 325 Sycamore Street or their telephone number is 319-232-6280.
10. RIGHTS OF VARIOUS INTERESTS. Whenever work being done by the City's forces or
by other Contractors is contiguous to work covered by this contract, the respective rights of the various
interests involved shall be established by the Engineer to secure the completion of the various portions of
the work in general harmony.
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
GENERAL SPECS Page GS-3 of 13
AECOM 60338621
parts of the work so as to complete the whole, as nearly as practicable, at the same time. In doing the
work, the Contractor shall follow the directions of the Engineer as to the place or places where work shall
be started or be carried on and the direction in which it shall be done.
13. SHANTIES AND BUILDINGS. Shanties or other buildings shall not be erected in or
upon any street, highway, or alley without permission of the Engineer. If such permission be granted, it
may be upon any reasonable terms prescribed by the person or body granting such permission. —
14. SANITARY CONVENIENCES. The Contractor shall furnish the necessary sanitary
conveniences, properly secluded, for the laborers on the work, and these shall be maintained in a manner
that will be inoffensive to the public.
15. CLEANING UP. The Contractor shall, as directed by the Engineer, remove from the
City's property and from all public and private property, at his own expense, all temporary structures,
rubbish, and waste materials resulting from his operations before work can be considered completed.
The Contractor shall also renew or replace any and all fences, sidewalks, or other property damaged or
disturbed by his work.
16. OMISSION OF PARTS OF GENERAL SPECIFICATIONS. Parts of the General
Specifications deemed not to apply to some particular work may be omitted by special reference in other
parts of the contract documents.
SECTION C- CONTROL OF MATERIALS AND WORK
1. SUPERVISION AND INSPECTION. The Engineer shall have supervision of the
construction provided for in this Contract and shall decide any and all questions which may arise as to the
quality and acceptability of materials furnished, work performed, manner of performance, rate of progress
on the work, and all questions regarding the acceptable fulfillment of the terms of the Contract. Materials
and construction work shall, at all times, be subject to the inspection of the Engineer or his
representatives. The Contractor shall be held strictly to the true intent of these specifications as regards
the quality of materials, workmanship, and the diligent prosecution of the work.
The Engineer and his representatives shall, at all times, have access to the work wherever it is in —
preparation of progress, and the Contractor shall provide proper facilities for such access and for
inspection.
If the specifications, the Engineer's instructions, law ordinances, or any public authority require —
any work and/or materials to be especially tested or approved, the Contractor shall give the Engineer
timely notice of readiness for inspection. If the inspection is to be made by authority other than the
Engineer, the Contractor shall notify the engineer of the date fixed for inspection. Inspections by the
Engineer will be promptly made and, where practicable, at the source of supply. If any work should be
covered up without the approval or consent of the Engineer, it must, if required by the Engineer, be
uncovered for examination at the Contractor's expense.
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
GENERAL SPECS Page GS-4 of 13
AECOM 60338621
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 arbitration.
5. STAKES AND INSTRUCTIONS. The Contractor shall provide reasonable and
necessary opportunities and facilities for setting stakes and making measurements. The Contractor shall
not furnish stakes or men to set them. He shall not proceed until he has received from the Engineer such
stakes and instructions as may be necessary to the progress of the work.
The Contractor shall carefully preserve bench marks, reference points, and stakes, and in case of
willful or careless destruction, he shall be charged with the resulting extra expense and shall be
responsible for any mistakes that may be caused, by their loss or disturbance.
6. SUPERINTENDENCE. The Contractor shall keep on his work during its progress a
competent superintendent and any necessary assistants, all satisfactory to the Engineer. The
Superintendent shall not be changed except with the consent of the Engineer, unless the Superintendent
proves to be unsatisfactory to the Contractor and ceases to be in his employ. The Superintendent shall
represent the Contractor in his absence, and all directions given to him shall be as binding as if given to
the Contractor. Important decisions shall be confirmed in writing to the Contractor. Other directions shall
be so confirmed on written request in each case.
The Contractor shall give efficient supervision to the work using his best skill and attention. He
shall carefully study and compare all drawings, specifications, and other instructions, and shall report at
once to the Engineer any error, inconsistency, or omission which he may discover.
7. REMOVAL OF UNAUTHORIZED WORK. Work done without lines and grade being
give, work done beyond lines shown on the plans or as given, except as herein provided, or any extra or
additional work done without authori.:y, 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 materia s 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.
GENERAL SPECS Page GS-5 of 13
AECOM 60338621
If the Contractor does not remove such condemned work and materials within a reasonable time,
fixed by written notice, the City may remove them and may store the material at the expense of the
Contractor. If the Contractor does not pay the expense of such removal within a reasonable time
thereafter, the City may, upon ten (10)days'written notice, sell such materials at auction or at private sale
and shall account for the net proceeds thereof, after deducting all the costs and expense that should have
been borne by the Contractor; or, if the net proceeds of such sale are insufficient to pay the expenses of
removal, the City may deduct the balance from any amounts due the Contractor.
9. MATERIALS, EQUIPMENT, APPLIANCES, AND FACILITIES. Unless otherwise
stipulated, the Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, —
power, transportation, and other facilities necessary for the execution and completion of the work.
Materials shall be of the quality specified for each particular part of the work.
Whenever, in construction of the work or in the manufacture of any article of appliance necessary
for the construction or operation of the work, it is necessary to use any material that is not fully specified
in these specifications, it shall be of good quality and shall meet with the approval of the Engineer.
Any appliance that is necessary for the construction or operation of the work and is commonly
recognized as a part of the work, shall be furnished by the Contractor as part of the work, whether or not
it is specifically called for in the plans and specifications, and such appliance shall be of good quality and
standard make and shall meet with the approval of the Engineer.
10. MATERIAL SAMPLES. Before the contract is awarded, the bidder may be required to
furnish a statement of the origin, composition, and manufacture of any and all materials proposed for use
in the performance of the Contract, together with samples of the material. These samples will be
considered as representative and typical of the material to be obtained from any particular source.
11. CHARACTER OF WORKMEN AND EQUIPMENT. The Contractor shall employ
competent and efficient workmen for every kind of work. Any person employed on the work who shall
refuse or neglect to obey the directions of the engineer or Inspector, or who shall be deemed incompetent
or disorderly, or who shall commit trespass upon public or private property in the vicinity of the work, shall
be dismissed when the Engineer so orders, and shall not be re-employed unless express permission be
given by the Engineer. The Contractor shall, at all times, enforce discipline and good order among his
em ployees.
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 prejudice to any other remedy
he may have, make good such deficiencies and may deduct the cost thereof from the payment then or
thereafter due the Contractor, provided, however, that the Engineer shall approve both such action and
the amount charged to the Contractor.
GENERAL SPECS Page GS-6 of 13
AECOM 60338621
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 an 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 pr or use increases the cost of or delays the work, the Contractor shall
be entitled to such extra compensation or extension of time, or both, as the Engineer may determine.
2. WEATHER. During stormy or inclement weather, all work shall be suspended, except
such as can be done in an acceptab e manner. Permission to work during freezing, stormy, or inclement
weather shall in no way be construed as a release of the Contractor's responsibility regarding the quality
of the finished work at such time.
3. SUNDAYS AND LEGAL HOLIDAYS. Except for such work as may be required to
properly maintain or protect completed or partially completed construction or to maintain lights and
barricades, no work will be permitted on Sundays or legal holidays without specific permission of the
Engineer.
4. DELAYS AND EXTENSION OF TIME. If the Contractor be delayed in the completion of
the work by an act of neglect of the City, or its employees; or by any other Contractor employed by the
City; or by changes ordered in the work; or by strikes, lockouts, fire, unusual delays in transportation,
unavoidable casualties, or any cause beyond the Contractor's control; or by delay authorized by the
Engineer pending arbitration; or by any cause which the Engineer shall decide justifies the delay, then the
time of completion shall be extended for such reasonable time as the Engineer may decide will
compensate for such delay.
No such extension shall be made for delay occurring more than thirty (30) days before claim
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.
IM- 7. PROGRESS OF WORK. The progress of the work shall be such that, at the expiration of
one-fourth (1/4)of the contract period, one-eighth (1/8)of the work shall be completed; at the expiration of
one-half(1/2) of the contract period, three-eighths (3/8) of the work shall be completed; at the expiration
of three-fourths (3/4) of the contract period, the work shall be three-fourths (3/4) completed, and the
whole work shall be completed at the expiration of the contract period.
If, at any time the above schedule is not being maintained, the Council may give written notice to
the Contractor and his sureties that the specifications are not being complied with. Such notice shall
state what action on the part of the Contractor is required to bring the work within the requirements of the
specifications. If the Contractor fails, within ten (10) days, to proceed as directed in the said notice, then
the Council shall have authority to annul this contract without process or action at law and take over the
GENERAL SPECS Page GS-7 of 13
AECOM 60338621
prosecution and completion of the work, as provided under the article covering City's right to terminate
contract.
8. CITY'S RIGHT TO TERMINATE CONTRACT. If the Contractor should be adjudged a
bankrupt; or if he should make a general assignment for the benefit of this creditor; or if a Receiver should
be appointed on account of his insolvency; or if he should persistently or repeatedly refuse or should fail,
except in cases for which extension of time is provided, to supply enough skilled workmen or proper
materials; or if he should fail to make prompt payment to Subcontractors or for materials or labor; or if he
should persistently disregard laws, ordinances, or the instructions of the Engineer; or if he should
otherwise be guilty of a substantial violation of any provision of the contract, then the City, upon the
certificate of the Engineer that sufficient cause exists to justify such action, may, without prejudice to any
other rights or remedy, and after giving the Contractor seven (7) days' written notice, terminate the
employment of the Contractor and take possession of the premises and of all materials, tools and
appliances thereon and finish the work by whatever method he may deem expedient. In such cases, the
Contractor shall not be entitled to receive any further payment until the work is finished.
If the unpaid balance of the contract price shall exceed the expenses of finishing the work,
including compensation for additional managerial and administration services, such excess shall be paid
to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the
difference to the City. The expense incurred by the City as herein provided and the damage incurred
through the Contractor's default shall be certified by the Engineer.
9. REMOVAL OF EQUIPMENT. In the case of annulment of this contract before
completion, from any cause whatsoever, the Contractor, if notified to do so by the City; shall promptly
remove any part or all of his equipment and supplies from the property of the City, failing which, the City
shall have the right to remove such equipment and supplies at the expense of the Contractor.
SECTION E- MEASUREMENTS AND PAYMENT
1. STANDARD OF MEASUREMENT. All work completed under the contract shall be
measured by the Engineer according to the United States standard measures.
2. SCOPE OF PAYMENTS. The Engineer's measurements of quantities shall be the basis
for final payment for the work performed under this Contract. After the work is completed, the Engineer
will make measurements and computations of the number of units of each of the various items of work
completed, and the Contractor will be paid for the actual amount of work performed at the rates specified
in his Proposal. Before final settlement is made, the Council may require the Contractor to submit a list of all persons furnishing labor or materials,with evidence that such persons have been paid in full. Payment
shall be made in the manner set forth in official publications and Council Proceedings relative thereto.
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.
GENERAL SPECS Page GS-8 of 13
AECOM 60338621
The Engineer shall determine the cost of materials entering into extra work from the materials and
receipted freight bills for the same.
For any special machine, power tools, or equipment, including fuel and lubricants, but not
including small hand tools, which may be deemed necessary or desirable to use, the Contractor shall be
allowed a reasonable rental thereon, to be agreed upon in writing by the Engineer before such work is
begun, and to which sum no percentage is to be added.
The item of cost shall not include repairs or replacement of equipment or overhead expenses of
any character. The fifteen percent (15%) allowed is considered to cover the use of hand tools and all
overhead expenses except liability insurance.
In no case will a claim for extra compensation be allowed unless the work upon which the claim is
based has been ordered in writing, except as provided hereinafter.
4. CLAIMS FOR EXTRA COST. If the Contractor claims that any instructions, by drawings
or otherwise, involved extra cost under this contract, he shall give the Engineer written notice thereof
within ten (10)days after completion of the work.
No such claim shall be valid unless so made.
5. CLAIMS FOR EXTRA COMPENSATION. If the Contractor deems that extra
compensation is due him for work and/or materials that he considered is not clearly covered in the items
for which he submitted unit prices in his bid and that were not ordered in writing by the Engineer as an
extra s heretofore provided, the Contractor shall notify the Engineer, in writing, of his intention to make
claim for extra compensation for work and/or material before starting construction. If such written
notification is not given or the Engineer is not afforded proper facilities by the Contractor for keeping strict
account of actual cost as defined herein, then the Contractor hereby agrees to waive the claim for extra
compensation. Such notice to the engineer and the fact that the Engineer has kept account of cost as
aforesaid, shall not in any way be construed as proving the validity of the claim, which must be passed
upon by the Council. In the event that the Council finds the claim to be just, it shall be allowed and paid
for as extra work as provided herein.
6. COMPLETION REPORT AND OBJECTIONS THERETO. Within ten (10) days after the
full completion of the work to be done under this contract, the Engineer shall make a written statement of
all the work done by the Contractor hereunder, stating the quantity of each item as found by him and
including a statement of all credits for extra work and all credits or debits for changes, alterations,
omissions, and defects, and shall forthwith deliver a copy of such statement to the Contractor. The
Contractor shall compare such statement with his own records and shall then, in writing, either approve
such statement or point out any claimed errors or omissions. If any of such claims are found correct, the
Engineer shall, within ten (10) days, prepare a new statement, a copy of which shall in like manner be
delivered unto the Contractor. The Engineer will not file a formal completion report with the City until the
Contractor has approved the same.
If the figures of the Engineer and the Contractor cannot be reconciled, or there is a difference of
opinion regarding some item or items, then such difference of opinion shall be submitted to arbitration as
hereinafter provided, and the decisior of the arbitrator or arbitrators shall be final, and the Engineer shall,
within a period of five(5)days, file his completion report.
Before action by the City Council upon such completion report, the Contractor shall also file a
written statement of any claims he may have against the City, other than those shown by such completion
report, growing out of this contract or the work done hereunder. The City shall retain ten percent(10%)of
the amount due the Contractor on the completion report for a period of thirty (30) days. If no claims are
filed against the Contractor within thirty (30) days, the final ten percent (10%) shall then be paid to the
Contractor.
GENERAL SPECS Page GS-9 of 13
AECOM 60338621
7. WAIVER. By the execution of this contract ,the Contractor agrees that any objections he
may have to the statement of the amount of work done hereunder included by the Engineer in this
completion report, and any claims of the Contractor against the City growing out of this contract and the
work done hereunder which are not stated in writing in the manner and within the time provided in Article
6, Section E hereof, shall be waived, and no such claim shall thereafter be asserted against the City.
SECTION F- LEGAL RELATIONS AND RESPONSIBILITIES
1. LAWS RELATING TO WORK. The Contractor is presumed to be familiar with all laws,
ordinances, and regulations which may, in any manner, affect those engaged or employed upon the work —
or the materials or equipment used in or upon the work, and shall conduct the work so as not to conflict
with such laws, ordinances, and regulations.
2. PROTECTION OF WORK AND PROPERTY. The Contractor for any part of the
improvement shall be held responsible for the care of materials and of partially completed and completed
work until final acceptance of the same by the Council. He will be required to make good at his own
expense any damage which the work may sustain from any cause prior to the filing of the engineer's _.
certificate of completion. He shall take all risk from floods and casualties of every description and make
no charge for delay due to such cause. He may, however, be allowed a reasonable extension of time on
account of such delays. He shall correct or make good at his own expense all damages to adjacent
property due to the acts or negligence of his employees of the prosecution of his work, and save the City
harmless 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.
GENERAL SPECS Page GS-10 of 13
AECOM 60338621
(d) Motor vehicle bodily injury liability insurance and property damage liability insurance on
all motor vehicles employed on the work, whether owned by the Contractor or by other
persons, firms, or corporations.
(e) The minimum protection shall be as follows:
Comprehensive General Liability Insurance
General Aggregate Limit $2,000,000.00
Products—Completed Operations
Aggregate Limit $2,000,000.00
Each Occurrence Limit $2,000,000.00
Comprehensive Automobile Liability Insurance $ 1,000,000.00
The Contractor shall have the Owner, the City of Waterloo, Iowa, and the Engineer, AECOM,
named as "Additional Named Insureds." A certificate, or a policy if requested, shall be filed with the
Owner.
All certificates and/or policies of insurance furnished by the Contractor to be filed with the City
Clerk shall include the name and address of the agency issuing the same. It shall also be required that
the City Clerk be notified by registered mail of the cancellation or expiration of the above insurance.
5. BARRICADES AND SIGNS. The Contractor shall, at his own expense and without
further or other order, provide, erect, and maintain, at all times during the progress and suspension of the
work and until completion and final acceptance thereof, suitable and requisite barricades, signs, or other
adequate protection, as required by the latest edition of the "Iowa Manual on Uniform Traffic Control
Devices for Streets and Highways" and shall provide, keep, and maintain such barricades, signs, etc., as
may be required or as may be ordered by the City Engineer, to insure the safety of the public as well as
those engaged on the work. All barricading plans shall be approved by the City Engineer.
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.
r
7. PERMITS AND REGULATIONS. Permits and licenses of a temporary nature for the
prosecution of the work shall be secured and paid for by the Contractor. Permits, license, and easements
for permanent changes in existing facilities shall be secured and paid for by the City.
8. CLAIMS FOR DAMAGES. Any claim for damages arising under this Contract shall be
made in writing to the party liable within a reasonable time of the first observance of such damage and no
later than the time of final payment, except as expressly stipulated otherwise in the case of faulty work or
materials, and shall be adjusted by agreement or arbitration.
The Contractor shall be held for the payment of all just claims against him arising out of the
prosecution of this contract, and his bond will not be released until such claims are paid for dismissed.
9. ASSIGNMENT OF CONTRACT. The Contractor shall not sell or assign the contract or
sublet any portion of the work providec 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
GENERAL SPECS Page GS-11 of 13
AECOM 60338621
and shall not employ any that the Engineer may, within a reasonable time, object to as incompetent or
unfit.
The Contractor agrees that he is as fully responsible to the City for the acts and omission of his
Subcontractors and of persons either directly or indirectly employed by them as he is for the acts and
omissions of persons directly employed by him.
Nothing contained in the contract documents shall create any contractual relation between any
Subcontractor and the City.
11. ARBITRATION. All questions subject to arbitration under this Contract shall be —
submitted to arbitration at the choice of either party to the dispute.
The Contractor shall not cause a delay of the work during any arbitration proceedings, except by
agreement with the Engineer.
The demand for arbitration shall be filed in writing with the Engineer, in the case of an appeal
from his decision, within ten (10) days of its receipt, and in any other case, within a reasonable time after —
cause thereof, and in no case later than the time of final payment, except as otherwise expressly
stipulated in the contract. If the Engineer fails to make a decision within a reasonable time, an appeal to
arbitration may be taken as if his decision had been rendered against the part appealing.
No one shall be nominated or act as an arbitrator who is in any way financially interested in the
contract or in the business affairs of either the City or the Contractor.
The general procedure shall conform to the laws of the State of Iowa. Unless otherwise provided by such laws, the parties may agree upon one arbitrator; otherwise, there shall be three--one named in
writing by each party to this contract to the other party, and the third chosen by these two arbitrators, or, if
they fail to select a third within ten (10) days, then he shall be chosen by the Comptroller of the State of
Iowa. Should either party refuse or neglect to supply the arbitrators with any papers or information
demanded in writing, the arbitrators are empowered by both parties to proceed ex parte.
If there be one arbitrator, his decision shall be binding; if three, the decision of any two shall be
binding. Such decision shall be a condition precedent to any right of legal action, and, wherever
permitted by law, it may be filed in Court to carry it into effect.
The arbitrators, if they deem that the case demands it, are authorized to award to the party whose contention is sustained such sums as they shall deem proper for the time, expense, and trouble incident
to the appeal, and, if the appeal was taken without reasonable cause, damages for delay, the arbitrators
shall fix their own compensation unless otherwise provided by agreement, and shall assess the costs and
charges of the arbitration upon either or both parties. _
The award of the arbitrators must be in writing, and it shall not be open to objections on account
of the form of proceeding or the award, unless otherwise provided by the laws of Iowa. —
In the event of such laws providing on any matter covered by this article otherwise than as
hereinbefore specified, the method of procedure throughout and the legal effect of the award shall be
wholly in accordance with the laws of the State of Iowa, it being intended hereby to lay down a principle of
action to be followed, leaving its local application to be adopted to the legal requirements of the place in
which the work is to be done.
12. PERFORMANCE AND PAYMENT BONDS. The Contractor shall, at the time of
execution and delivery of this contract and before the taking effect of same, furnish and deliver to the City
written bonds of indemnity to the amount required by law in form and substance, and with surety thereon
satisfactory and acceptable to the City, to insure the faithful performance and payment by the Contractor
GENERAL SPECS Page GS-12 of 13
AECOM 60338621
of all the covenants and agreements on the part of the Contractor contained in this contract. These
bonds shall remain in force and effect for the full amount of the Contract.
13. PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the provisions of
the Contract or in exercising any power or authority granted him thereby, there shall be no liability upon
the Engineer or his authorized assistants, either personally or as an official of the City, it being
understood that in such matters he acts as the agent and representative of the City.
14. JURISDICTION. Any action in Court against the Contractor or sureties on his bond
because of damages to property or individuals by said Contractor or his workmen, or because of the
violation of any provisions of the specifications, or on account of the failure of said Contractor to comply
fully with these provisions, shall be brought in the District Court of the State of Iowa in and for Black Hawk
County.
15. TERMINATION OF RESPONSIBILITY. The Contract shall be considered as completed
and the Contractor released from further obligations except as to the requirements of his bond, after the
work has been completed and finally accepted and final estimates have been allowed and the completion
report of the engineer has been filed and approved by the Council.
16. CITY'S LEGAL RIGHTS. The City shall not be precluded by any measurements,
estimate, or certificate made, either before or after the completion and acceptance of the work and
payment therefor, from showing the true amount and character of the work performed and materials
furnished by the Contractor, or from slowing that any such measurement, estimate, or certificate is untrue
IMO
or incorrectly made, or the work or materials do not, in fact, conform to the Contract.
The City shall not be precluded, notwithstanding any such measurements, estimate, or certificate
and payment in accordance therewith, from recovering from the Contractor and his surety such damages
as it may sustain by reason of his failure to comply with the terms of the Contract. Neither the acceptance
by the City or any of its representatives, nor any payment for or acceptance of the whole or any part of
the work, nor any extension of time, nor any possession taken by the City, shall operate as a waiver on
- any portion of the contract or of any power herein reserved, or any right to damages herein provided. A
waiver of any breach of the contract shall not be held to be a waiver of any other or subsequent breach.
IMEN
WOG
GENERAL SPECS Page GS-13 of 13
AECOM 60338621
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 tie 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.
SUPPLEMENTAL GENERAL SPECIFICATIONS Page SGS-1 of 1
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FORM OF CONTRACT
CONTRACT FOR THE CONSTRUCTION OF
EPA RICE NESHAP AIRPORT EMERGENCY GENERATOR UPGRADE
CITY OF WATERLOO, IOWA
This contract made and entered into this day of , 2015, 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 EPA RICE NESHAP AIRPORT EMERGENCY
GENERATOR UPGRADE 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 It is understood and agreed that the resolution adopted by the City Council ordering the
construction of the improvement, the Notice to Contractors as published, the Instruction to
Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council
Proceedings relating to this matter, and the Plans and Specifications shall all be considered
as forming a part of the contract the same as though they were each set out in said contract.
PAR. 3 The Contractor agrees to furnish at its own cost and expense, all necessary materials and
labor for said work and to construct said improvements in a thorough, substantial, and
workmanlike manner, and in strict accordance with the requirements of 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 ten (10)working days after receipt of
"Notice to Proceed" and complete it on or before August 28, 2015, unless an extension of
time is granted in writing by the Council of the City.
WPM 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
OEM
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,
FORM OF CONTRACT Page C-1 of 3
AECOM 60338621
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 Contractors, the
amount of money due the Contractor for work performed and accepted, at the unit prices set
out in the Contractor's proposal,which has been accepted by the City.
PAR. 16 The total amount of the contract, based on the Engineer's estimates of quantities and the
Contractor's unit bid prices, and for which 100% surety bond is required, is
FORM OF CONTRACT Page C-2 of 3
AECOM 60338621
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/Auditor thereof not more than four(4) and not less than three (3) months prior to the
expiration of the term during which the Contractor is required to maintain said improvements,
in good repair by the terms of its Contract. The liability of the Contractor and of the sureties
on its bond for maintenance of the said improvements shall continue until three (3) months
after such notice has seen given to the City, and, in any event, until two (2) years after the
acceptance of the wore.
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
FORM OF CONTRACT Page C-3 of 3
AECOM 60338621
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, of
(the"Principal"), and of
(the"Surety"), are held and firmly bound unto the City of Waterloo, Iowa(the"Obligee"), in the penal sum of_
Dollars($ ), lawful
money of the United States, for the payment of said sum in connection with a contract(the"Contract")dated
on or about for the purpose of
. The Contract is incorporated
herein by reference as though fully set forth herein.
-- Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the
Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the
essence,may promptly remedy the default, or shall promptly undertake to:
1. Complete the Contras;in accordance with its terms and conditions; or
2. Obtain one or more bids for completing the Contract in accordance with its terms and
conditions, and upon determination by the Surety of the lowest responsible bidder, or
negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the
Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract
between such party and the Obligee. The Surety will make available as work progresses
sufficient funds to pay the cost of completion less the balance of the Contract price. The
- cost of completion includes responsibilities of the Principal for correction of defective work
and completion of the Contract, the Obligee's legal and design professional costs resulting
directly from the Prircipal's default, and liquidated damages or actual damages if no
liquidated damages are specified in the Contract. The term "balance of the Contract price"-
- means the total amount payable by the Obligee to the Principal under the Contract and any
amendments thereto, less the amount properly paid by the Obligee to the Principal;or
3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount
as soon as practicable
In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee
harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys'
fees and expenses.
Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent
to each and all of the following matters, without notice:
1. To any extension of tirre to the Contract in which to perform the Contract.
2. To any change in the plans, specifications, or Contract when such change does not involve
an increase of more than twenty percent(20°/0)of the total Contract price, and shall then be
released only as to such excess increase.
3. That no provision of this bond or of any other contract shall be valid which limits to less than
one (1) year from the lime of the acceptance of the work the right to sue on this bond for
defect in workmanship or material not discovered or known to the Obligee at the time such
work was accepted.
If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full
force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond.
PERFORMANCE BOND Page PFB-1 of 2
AECOM 60338621
Terms used herein shall include, as appropriate, the singular or plural number, or the masculine,feminine or
neuter gender.
IN WITNESS WHEREOF,the undersigned Principal and Surety have executed this Performance Bond as of
PRINCIPAL SURETY
Name Name
By: By:
Title: Title:
[attach Power of Attorney]
NOTE: Date of BOND must not be prior to date of Contract.
If CONTRACTOR is Partnership, all partners should execute BOND.
PERFORMANCE BOND Page PFB-2 of 2
AECOM 60338621
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
(Name of Contractor)
(Address of Contractor)
a , hereinafter called Principal,
(Corporation, Partnership or Individual)
and,
(Name of Surety)
(Address of Surety)
_
hereinafter called Surety, are held and firmly bound unto
(Name of Owner)
-- (Address of Owner)
hereinafter called OWNER, in the penal sum of
- Dollars,($ ) in lawful money of the United States, for the payment of which sum well and
truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain
contract with the OWNER, dated the day of 20
a copy of which is hereto attached and made a part hereof for the construction of:
EPA RICE NESHAP AIRPORT EMERGENCY GENERATOR UPGRADE
WATERLOO, IOWA
NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms,
SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of
the WORK provided for in such contract, and any authorized extension or modification thereof, including
all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment
and tools, consumed or used in connection with the construction of such WORK, and all insurance
premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or
otherwise, then this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the contract or to the WORK to be
PAYMENT BOND Page PB-1 of 2
AECOM 60338621
performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its
obligation on this BOND, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS HEREOF,this instrument is executed in counterparts, each one
(number)
of which shall be deemed an original, this the day of , 20_.
ATTEST:
Principal
(Principal)Secretary
(SEAL) By (s) —
(Address)
Witness as to Principal
(Address)
Surety —
ATTEST: By
Attorney-in-Fact
Witness as to Surety (Address) —
(Address) (Address)
NOTE: Date of BOND must not be prior to date of Contract.
If CONTRACTOR is Partnership, all partners should execute BOND.
PAYMENT BOND Page PB-2 of 2
AECOM 60338621