HomeMy WebLinkAbout11.19.2025 Telecom Board Agenda
BOARD
MEMBERS
Andrew
Van Fleet
Board Chair
Theodore
Batemon
Ritch
Kurtenbach
Mike
Young
Amy
Wienands
City Council
Liaison:
Rob
Nichols
November 19, 2025
Waterloo City Council Chambers
Waterloo City Hall
4:00 p.m.
1. Roll call.
2. Approval of the agenda, as presented.
3. Approval of the minutes of October 27, 2025, as proposed.
4. Public hearing on Taxable Communications Utility Revenue Capital Loan Notes 2026.
a. Motion to open hearing.
b. Motion to close hearing.
c. Resolution instituting proceedings to take additional action for the authorization
of a loan agreement and the issuance of not to exceed $4,000,000 taxable
communications utility revenue capital loan notes.
5. Public hearing on Taxable Communications Utility Revenue Capital Loan Notes 2026.
a. Motion to open public hearing.
b. Motion to close public hearing.
c. Resolution instituting proceedings to take additional action for the authorization
of a loan agreement and the issuance of not to exceed $5,000,000 communications
utility revenue capital loan notes.
6. Public hearing on adopting the CY2026 budget.
a. Motion to open public hearing.
b. Motion to close public hearing.
c. Resolution adopting the Calendar Year 2026 Budget.
7. Motion approving Addendum No. 7 to the 2025 Construction Management, Construction
Inspection, and Engineering Support Services Contract with EN Engineering, LLC and
authorizing the Board Chair to execute said document.
8. Motion approving the 2026 Project Management, Construction Management and
Inspections, and Engineering Support Services Contract, with ENTrust Solutions Group, and
authorizing the General Manager to execute said document.
9. Motion approving award of bid to EBB Flow Co. DBA WSTDW, in the amount of
$205,950.00, in conjunction with the FY2025 Prefabricated Shelter at 512 University
Avenue, Contract No. 1113.
WATERLOO
Telecommunications Utility Board of Trustees
10. Motion approving the following Change Orders with Entrust Solutions of Warrenville, IL, in conjunction with the
FY2023 Construction of a Fiber-to-the-Premise Feeder/Distribution and Backbone Network Project, Contract No. 1088,
and authorizing the General Manager to execute said document:
- CR 2025-0034 – Increase of $59,616.22
- CR 2025-0035 – Increase of $86,412.80
- CR 2025-0036 – Increase of $116,809.75
- CR 2025-0037 – Increase of $28,379.01
11. Adjourn.
Kelley Felchle
Board Secretary
TELECOMMUNICATIONS UTILITY
BOARD OF TRUSTEES
City Clerk’s Office
October 27, 2025 - Special Session
12:00 p.m.
1. Members present: Mr. Kurtenbach, Mr. Young, and Mr. Batemon. Members absent:
Mr. Van Fleet and Ms. Wienands
2. Moved by Young seconded by Batemon that the agenda as presented, be approved.
Voice vote-Ayes: Three. Motion carried.
3. Moved by Young seconded by Batemon that a resolution fixing date for a meeting on
the authorization of a loan agreement and the issuance of not to exceed $5,000,000
communications utility revenue capital loan notes of the City of Waterloo, State of
Iowa, and providing for publication of notice thereof, be approved. Roll call vote-
Ayes: Three. Motion carried. Resolution No. 2025-028.
Maggie Burger, Speer Financial, provided an overview of the agenda item.
4. Moved by Young seconded by Batemon that a resolution fixing date for a meeting on
the authorization of a loan agreement and the issuance of not to exceed $4,000,000
taxable communications utility revenue capital loan notes of the City of Waterloo,
State of Iowa, and providing for publication of notice thereof, be approved. Roll call
vote-Ayes: Three. Motion carried. Resolution No. 2025-029.
Maggie Burger, Speer Financial, provided an overview of the issuance.
Mr. Kurtenbach questioned if there would be an issue with requesting the full
$8,000,000?
Maggie Burger explained the benefit of utilizing a schedule of smaller increments to
avoid interest and based on monthly operational costs.
5. Moved by Batemon seconded by Young to approve the purchase of DC Plant
Equipment for Fiber Hut 3 from USTDW of Walford, Iowa, in the amount of
$34,560.00. Voice-vote-Ayes: Three. Motion carried.
Eric Lage, General Manager, provided an overview of the purchase.
The board discussed the purchase and timing of the project with the General
Manager.
6. Adjourn.
With no further business before the board, it was moved by Batemon seconded by
Young that the meeting be adjourned at 12:13 p.m. Voice vote-Ayes: Three. Motion
carried.
Page 2
Kelley Felchle
Board Secretary
710 BROADBAND OPERATIONS
FY2025 RE-EST FY2026 BUDGET
Revenue
Misc Fees/Taxes Collected 5,000$ 10,000$
Internet Service 625,000 2,368,800
TV Service - 475,900
Phone Service - 84,600
Total Revenue 630,000$ 2,939,300$
Expenditures
Wages & Salaries 1,077,900$ 1,507,600$
Employee Benefits 526,100 920,000
Cost of Goods Sold 178,700 997,100
Operating Supplies/Services/Int 729,600 860,000
Building Lease 175,000 175,000
Misc Fees/Taxes Pd 3,200 15,500
Total Expenditures 2,690,500$ 4,475,200$
Net Addition to Net Assets (2,060,500)$ (1,535,900)$
711 BROADBAND CAPTIAL
2025 2026
Total Build: 20,709,400$ 33,004,200$
710 BROADBAND OPERATIONSFY2025 RE-EST FY2026 BUDGET855TELEVISION SERVICES856PHONE SERVICES857INTERNET SERVICES858OSP OPS859NOC OPS860MARKETING861SALES862CUSTOMER SUPPORT890ADMINRevenueMisc Fees/Taxes Collected 5,000$ 10,000$ 10,000$ Internet Service 625,000 2,368,800 2,368,800$ TV Service - 475,900 475,900$ Phone Service - 84,600 84,600$ Total Revenue 630,000$ 2,939,300$ 475,900$ 84,600$ 2,378,800$ -$ -$ -$ -$ -$ -$ `ExpendituresWages & Salaries 1,077,900$ 1,507,600$ 391,500$ 331,100$ 91,000$ 109,000$ 352,200$ 232,800$ Employee Benefits 526,100 920,000 239,000 202,000 56,000 66,000 215,000 142,000 Cost of Goods Sold 178,700 997,100 757,000 25,400 174,400 40,300 Operating Supplies/Services/Int 729,600 860,000 80,000 217,500 200,000 362,500 Building Lease 175,000 175,000 175,000 Misc Fees/Taxes Pd 3,200 15,500 800 14,700 Total Expenditures 2,690,500$ 4,475,200$ 757,000$ 26,200$ -$ 710,500$ 925,000$ 347,000$ 175,000$ 607,500$ 927,000$ Net Addition to Net Assets(2,060,500)$ (1,535,900)$
Page 1 of 2
ADDENDUM NO. 7
TO THE
EN COMMUNICATIONS CONTRACT - CITY OF WATERLOO IA – PROJECT MANAGEMENT,
CONSTRUCTION MANAGEMENT, CONSTRUCTION INSPECTION AND ENGINEERING SUPPORT
SERVICES 2025
CITY OF WATERLOO, IOWA
DATE: OCTOBER 22, 2025
The following is a revision to the EN COMMUNICATIONS CONTRACT - CITY OF WATERLOO
IA – PROJECT MANAGEMENT, CONSTRUCTION MANAGEMENT, CONSTRUCTION
INSPECTION AND ENGINEERING SUPPORT SERVICES 2025:
o The MidAmerican Energy pole attachment application for an aerial levee crossing
in Task Order 16 along Black Hawk Road was denied due to capacity issues. The
City has requested to change the design, go overhead and attach to MidAmerican
Energy poles for one (1) aerial levee crossing along Katoski Drive between Black
Hawk Road and Huntington Road.
o This Addendum has been created to account for:
Labor towards the Make Ready Engineering (MRE) services (make
ready, pole loading analysis, pole applications, PE stamps, and pole
data collection) for the MidAmerican Energy pole attachment
application.
Labor towards the re-engineering of the Fiber-To-The-Home
design/splicing schematics and updating the Bill of Materials (BoM)
associated with the new fiber route along Katoski Road. It does not
include any construction labor or material costs associated with the
update BoM.
o The following labor pricing is net new costs to the project:
Service Staff Hours Rate Total
Make Ready Engineering Design Tech II 3 $130.00 $390.00
Pole Load Analysis Design Coordinator 3 $145.00 $435.00
Pole Data Collection Construction Manager 2 $175.00 $350.00
Pole Data Collection Construction Inspector 2 $140.00 $280.00
Pole Data Collection Field Manager 0.5 $200.00 $100.00
PE Stamps PE Stamps 3 $190.00 $570.00
Design Re-work Design Specialist 16 $130.00 $2,080.00
Design Re-work Design Engineer II 8 $140.00 $1,120.00
Design Re-work OSP/ISP Estimator 8 $140.00 $1,120.00
Design Re-work GIS Technician 10 $100.00 $1,000.00
Design Re-work Project Engineer 5 $185.00 $925.00
Design Re-work Design Coordinator 5 $145.00 $725.00
TOTAL $9,095.00
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.
Page 2 of 2
________________________________________ ________________________________________
Quentin Hart Andrew Van Fleet
Mayor of Waterloo, Iowa Board Chair
City of Waterloo Waterloo Fiber
________________________________________
Cole Henkle
Vice President Design & Engineering
EN Engineering, LLC
Page | 1
Contact: Michael Regan
Project Manager
mregan@entrustsol.com
3333 Warrenville Road
Suite 750
Lisle, IL 60532
Project Management,
Construction Management and
Inspections, and Engineering
Support Services 2026
Prepared for:
City of Waterloo
Proposal Number: 2672004.00
November 6, 2025
Page | 2
November 6, 2025
City of Waterloo
RE: PM/CM/CI and Engineering
Dear Mayor Hart,
On behalf of ENTRUST and Courtney Violette, thank you for allowing EN Engineering,
LLC (EN) the opportunity to present you with this proposal. EN is committed to providing
high quality and cost- effective engineering and design services that will ensure
Waterloo’s projects are successfully implemented.
Our technical experts, engineers, designers and drafting professionals have developed
strong working-relationships with the City of Waterloo. We are confident that EN’s
expertise will result in another successful project for the City.
We appreciate this opportunity to provide a proposal and look forward to meeting with
your team to further discuss our proposal in more detail. Should you have any questions
or require any additional information, please contact Courtney Violette at 386-931-3520
cviolette@entrustsol.com.
Sincerely,
Courtney Violette
Senior Vice President
EN Communications
Page | 3
EN Communications Project Team
Bios
Mike Hawkins, Vice President Communications
Mr. Hawkins is an experienced senior-level executive with over 37 years of leadership
management shepherding teams of direct and indirect reports (exempt and non-
exempt). He is experienced in leading multi-disciplinary teams that are local as well as
geographically distributed. Over his tenure of 37 years, he has become knowledgeable
and practiced in; business development, staffing, operations, customer service,
vendor/subcontractor management, contract origination and implementation, and
merger and acquisitions among other skillsets. Mr. Hawkins is also experienced and
comfortable in developing material/metrics and presenting to “C-Level” executive
audiences, corporate Boards, and city/town councils etc.
Clayton Johnston, Vice President Construction
Clayton has over 30 years of experience working in the telecommunication industry,
including design, construction, and implementation of fiber optic networks nationwide.
He has extensive knowledge of constructing fiber optic networks in both the aerial and
Page | 4
underground environments. Municipalities, utilities, cooperatives and many major
network carriers rely on Clayton’s experience and knowledge to guide them through the
fiber optic network deployment process. Clayton is well versed in all project phases from
design to construction to closeout. Clayton uses his expertise to facilitate proven
methodologies in the outside plant environment. He retired with 25 years from the Army
National Guard as a Battalion Communication Chief. Clayton holds a BS in Project
Management from Liberty University.
Steve Jakab, Director of PMO
Steve has over 30 years of experience in telecommunications and electrical
engineering. With Steve’s technical background, he has successfully led his team to
keep projects on schedule and under budget.
Michael Regan, Project Manager
Michael joins EN Communications Broadband bringing in 31 years of experience in the
Telecommunications and Software Industries. Over that time, he has managed
integration projects and cost reduction initiatives that transformed evolving networks. He
is a results-driven professional who has led growth, innovation and change in the
competitive and services industries. Proven track record of optimizing program
performance and customer satisfaction. His philosophy in the professional space is
focused around his personal drive, integrity, effective communication skills and results-
based performance. He earned his bachelor’s degree in Mathematical Sciences from
Northern Illinois University.
Mark Lane, Senior Broadband Consultant
Has over 30 years of experience in enterprise IT, carrier network operations, and
technology consulting. While serving as CTO for Bristol Virginia Utilities OptiNet, he
helped provide the strategic direction and practical implementation responsible for their
fiber-to-the-premise (FTTP) network build-out and broadband service deployment for
eight counties in Southwest, VA. His vision and leadership contributed to Bristol, VA
being selected as an Intelligent Community Forum Top 7 Intelligent City in 2009. Mark
received a bachelor’s in computer science from the University of Tennessee.
Cole Henkle, Vice President of Design and Engineering
Cole has a decade of experience managing large broadband designs. He manages the
full life cycle of engineering projects from inception to completion, managing all
permitting activities and personnel in local and remote locations. He has direct
experience working with major carriers, municipalities and regional governments on
regional fiber and broadband deployments across the US, some of which include
Google Fiber, Verizon and the Cities of Boulder, CO, Chesapeake, VA, Portsmouth, VA,
and Ann Arbor, MI.
Melissa Johnston, Manager Construction Office Management
Page | 5
Melissa supports multiple broadband infrastructure projects internationally by project
tracking and reporting. Melissa has over 20 years’ experience in telecommunications
including business owner, engineering, designing, GIS, and make-ready construction of
fiber optics networks. She also has extensive experience in the field of aerial as well as
diversity in underground fiber optics. With her broad knowledge of the industry, she
operates exceptionally with clients.
Purpose
EN Communications is currently contracted to perform PM/CM/CI and Engineering
Support Services to support the City and Waterloo Fiber’s deployment of the Waterloo
Backbone, and Waterloo Fiber Distribution network, and related systems for both. This
proposal extends services through 2026.
Statement of Work
EN Communications proposes continuation of the following SOW:
TASK 1 – PROJECT MANAGEMENT
EN Communications will continue to provide an experienced Project Manager (“PM”)
and Project Management Team to oversee all technical and operational tasks
required to continue the support of the launch of the Waterloo Fiber network, including
both backbone and FTTH components. Additional resources including EN
communications’ Project Executive, Technical Consultants, and others will be tasked
with fulfilling various portions of these tasks throughout the duration of this
engagement. Expected tasks include:
Manage and coordinate day-to-day activities of moving the City’s network
construction as expeditiously as possible following the City’s procurement
process, contract approval and notice to proceed.
Ensure all Federal Funding contract requirements are included in each
procurement where necessary.
Manage Project Capital Expenditure budgets and develop reports as
necessary.
Team with Construction Manager and Construction Inspectors to manage the
project implementation plan, including tracking to schedule, budget, issues
identification and resolution, and risk mitigation.
Provide regular progress reports, and schedule and coordinate all project
related calls, as well as ad-hoc vendor/coordination discussions.
Page | 6
Refine and revise the project implementation plan to reflect the OSP buildout
schedule and all necessary steps to implement and turn-up the network.
Work with EN Communications’ Subject Matter Experts (SMEs) to create the
designs, functional specifications, scopes of work, and RFP’s necessary for
implementation of Waterloo Fiber including network equipment, operating
support systems (OSS), prefabricated shelters, inside plant, service fulfillment,
and operational services. EN Communications’ SME’s will research and advise
on all options available to the city specific to each procurement including value-
engineering designs, developing Statements of Work (SoW), and validating
costs to budget. Our team will deliver customized SOWs for each procurement,
recommend the appropriate procurement vehicle, and participate in the
procurement process including pre-bid conferences, bidder inquiries, issuing
RFP addendums, evaluating bids, making recommendations, and assisting in
final negotiations.
Project related procurements may include:
o Fiber-Optic OSP Construction
o Data Center/Building Renovations/Architectural Engineering
o Inside Plant (ISP), Power, Environmental, Access Security, etc.
o Network Equipment and Software
o Data Center Colocation and Entrance Facility Options
o Fiber-Optic OSP Operations, Maintenance, and Monetization
o Contracted Network Operations Services
Manage design changes, and value engineering opportunities for the fiber-optic
network, including coordinating all project approvals/changes, change orders,
billing/invoice approvals by vendors, and other project administrative functions.
Work with EN Communications SME’s and vendors to ensure that equipment
and software are implemented, configured, and tested prior to launch.
Develop and oversee acceptance tests of the network and services.
TASK 2: PROJECT ENGINEERING SUPPORT
EN Communications proposes to continue providing engineering support for the project
during the full construction and deployment effort. There will be numerous
requirements for drawings to be revised and modified during the permit process, and to
support field changes that may occur in the field. Engineering support will include a
design project management resource, additional fielding efforts in the Waterloo market
Page | 7
as needed, and ongoing management and oversight from EN Communications’ Iowa
licensed Professional Engineer (“PE”).
TASK 3: CONSTRUCTION MANAGEMENT
EN Communications’ Construction Manager (“CM”) will act as the client liaison to the
Outside Plant (OSP Construction Contractors) team and will provide oversight of the
client fiber-optic network(s) construction. The CM will review overall compliance to the
specifications, assessing Contractor adherence to public works and right of way
restrictions, performance of construction activities, and assist in the development of
applicable project documentation.
Other tasks that will be performed include:
• Managing the overall Construction deployment of the Outside Plant
(OSP), ensuring schedule management, specification compliance and
documentation.
• Approving all materials to be used in the job. As applicable.
• Act as the main point of contact for selected OSP Contractor, addressing
field issues, coordinating daily activities of the Construction Inspectors,
assessing compliance with both health and safety requirements and with
applicable permits.
Coordinating with the client as applicable on updates with project reporting,
construction activities, material access and handling. Coordination with
construction vendor, assessing adherence to schedule commitments, tracking
completion of open defect items, confirming final completion and delivery.
• Review of production installations to specifications. and assisting the
client to help manage the project within budget and schedule timelines.
TASK 4: CONSTRUCTION INSPECTION
EN Communications will provide Construction Inspection (“CI”) services for the client
as the network is constructed. EN Communications has assumed at least (1) one
construction inspectors to start but may require additional count of inspectors. Our
estimates include a single inspector every 4 construction crews as baseline.
A construction crew is a collective of individuals with diverse skills and roles, working
collaboratively to achieve the goals of a construction project. The size of a construction
crew can vary widely depending on the scope, complexity, and duration of the project.
However, a basic crew typically includes at least a few key members to cover essential
roles.
Page | 8
A construction crew is a group of workers who collaborate to complete physical
construction tasks.
Key aspects of their work include:
• Drilling
• Plowing
• Handhole Placement
• Pothole Validation
• Fiber Placement
• Restoration
• Splicing
• Building Entry
• Aerial ADSS Placement
• Aerial Strand and Lash Placement
• MST Placement
• Underground and Aerial Drop Placement
These activities are essential for the forward progress of physical construction projects.
EN Communications’ construction inspectors will provide oversight to determine
compliance with project specifications, safety and permitting requirements. In addition,
EN Communications will provide quality review on installation and ground restoration in
real time. All field data and information related to changes in the field, redline
information will also be acquired and reviewed. In addition to these services, on-site
inspection services provide field representation, to assist with oversight of crews in the
field.
• Field inspection services include the following: Real time inspection services,
including compliance and specification review of installations.
• Onsite assessment of installed quantities and installation quality assurance.
• Review of compliance with safety standards including OSHA, city, county, and
state requirements, review compliance of the National Electric Safety Code and
permit-specific requirements.
• Onsite review of fiber-optic testing (OTDR and power meter) and compliance.
• Field level decision-making to minimize crew downtime.
• Review accuracy of documentation including red lines, directional bore logs and
daily production sheets.
Scope Of Work for Project Coordinators
Before start of each project
Page | 9
• Create Basecamp folders.
• Create project documents for inspectors.
• Create project specific tracking documents: dailies, dashboard, production
tracker, fiber tracker, and a drop tracker.
• Create project specific dashboards.
• Create process and procedures for production submittal and invoicing.
• Meeting with contractors on tracking process and procedures.
After project kick-off (Daily Production)
• Review dailies/weekly packages and maps from contractor from original design.
• Track approved units on production trackers.
• Enter each SEQ number into a fiber tracker.
• As-Build approved units on ArcGIS to reflect contractor redlines.
• Label Basecamp when all production is complete.
• Add all documents into Entrust SharePoint project folders.
Weekly Dashboard for client use
• Prepare project specific dashboard for client use.
Monthly Invoicing
• Call with billing staff to review production total (Bi-Weekly)
• Labor/Drop Invoicing-Compare against the production tracker for approval. If any
discrepancies the contractor will be notified to review and make revisions.
• Review all packing slips/purchase orders against material invoices.
• Enter all approved invoices (labor & material) into the consumption
trackers/reports.
• Material Invoicing-Compare against the BOM. If any discrepancies the contractor
will be notified to review and make revisions.
• Direct Cost invoices (if applicable)
Page | 10
Pricing
The tasks outlined in the Scope above, will be performed on a monthly fixed price basis,
excluding travel expenses that will be billed as incurred on a not-to-exceed basis, and
invoiced as follows.
Task(s)/Description Cost
Task 1: Project Management $31,633
Task 2: Project Engineering Support $6,326
Task 3: Construction Management
(Includes 1 in market Construction Manager/Inspector) $37,961
Task 4: Construction Inspection
(Includes 1 in market Construction Inspector)
(1 inspector per 4 construction crews)
(Each contractor requires one inspector if multiple contractors)
$27,1921
Monthly Total $103,112
Estimated Monthly Travel Expenses (billed as incurred) $4,843
Monthly Total $107,955
1 Additional inspectors billed at $27,192 per month.
Page | 11
Estimated Schedule
Our proposed schedule for 2026 is as follows:
Table 1 - Services Jan 2026 – Dec 2026
Billing
Month/Year
(Month #)
Desc.
PM
PE CM CI Expenses Monthly Total
January
2026
(Month 1)
Month $31,633 $6,326 $37,961 $27,192 $4,843 $107,955
February
2026
(Month 2)
Month $31,633 $6,326 $37,961 $27,192 $4,843 $107,955
March 2026
(Month 3) Month $31,633 $6,326 $37,961 $27,192 $4,843 $107,955
April 2026
(Month 4) Month $31,633 $6,326 $37,961 $27,192 $4,843 $107,955
May 2026
(Month 5) Month $31,633 $6,326 $37,961 $27,192 $4,843 $107,955
June 2026
(Month 6) Month $31,633 $6,326 $37,961 $27,192 $4,843 $107,955
July 2026
(Month 7) Month $31,633 $6,326 $37,961 $27,192 $4,843 $107,955
August
2026
(Month 8)
Month $31,633 $6,326 $37,961 $27,192 $4,843 $107,955
September
2026
(Month 9)
Month $31,633 $6,326 $37,961 $27,192 $4,843 $107,955
October
2026
(Month 10)
Month $31,633 $6,326 $37,961 $27,192 $4,843 $107,955
November
2026
(Month 11)
Month $31,633 $6,326 $37,961 $27,192 $4,843 $107,955
December
2026
(Month 12)
Month $31,633 $6,326 $37,961 $27,192 $4,843 $107,955
Cost Estimates through December 2026 $1,295,460
Client may terminate this order upon 30 days’ notice to contractor if Client deems services are complete
for the term listed above.
Page | 12
Signature & Acceptance
Signature of this proposal by client warrants that all components of this proposal are accepted to
the City of Waterloo and Water Fiber that the person(s) signing this proposal has the right power,
and authority to execute the proposal.
City of Waterloo
By: _______________________________
Name: _______________________________
Title: _______________________________
Waterloo Fiber
By: _________________________________
Name: _________________________________
Title: _________________________________
EN Engineering, LLC
By: __________________________________
Name: __________________________________
Title: __________________________________
David J. Klimas
Chief Engineer
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PROJECT MANUAL
FOR
F.Y. 2025 PREFABRICATED SHELTER AT 512 UNIVERSITY AVE
CITY OF
TERLOO
IOWA
Community of Opportunity
CONTRACT NO. 1113
F.Y. 2025 PREFABRICATED SHELTER AT 512
UNIVERSITY AVE
CONTRACT NO. 1113
CONTRACT DOCUMENTS TABLE OF CONTENTS
Highlighted items must be included with bid.
1.NOTICE OF PUBLIC HEARING
2.NOTICE TO BIDDERS
3.INSTRUCTIONS TO BIDDERS
4.FORM OF BID OR PROPOSAL
5.FORM OF BID BOND
6.NON-COLLUSION AFFIDAVITS
7.EQUAL OPPORTUNITY CLAUSE
8.TITLE VI CIVIL RIGHTS
9.BIDDER STATUS FORM
10. AFFIRMATIVE ACTION PROGRAM
11. POTENTIAL ITEMS OF WORK FOR MBE/WBE PARTICIPATION
A. SUBCONTRACTOR'S BID REQUEST FORM,
B. LETTER FORM FOR SUBCONTRACTOR QUOTES(CCO-3)
C. MBE/WBE SCOPE LETTER, (CCO-4)
D. MBE AND/OR WBE PREBID CONTACT INFORMATION FORM (CCO-4A)
E. MBP/WBE LETTER OF INTENT TO BID(CCO-5)
12. WATERLOO/CEDAR FALLS MINORITY AND WOMEN BUSINESSES
ENTERPRISE CONSTRUCTION AND MAINTENANCE
CONTRACTOR'S GUIDE
13. STATEMENT OF BIDDER'S QUALIFICATIONS
14. GENERAL SPECIAL PROVISIONS
15. SPECIAL PROVISIONS
16. GENERAL SPECIFICATIONS FOR CONSTRUCTION
17. SUPPLEMENTAL GENERAL SPECIFICATIONS FORCONSTRUCTIONS
18. FORM OF CONTRACT
19. FORM OF PERFORMANCE, PAYMENT, AND MAINTENANCE BOND
ATTACHMENT A— Conceptual Shelter Layout
ATTACHMENT B— Equipment Rack Elevations
ATTACHMENT C — Estimated Power and Cooling Specifications
ATTACHMENT D— Site Location
ATTACHMENT E— Prefabrications Data Center Bid Specs
NOTICE OF HEARING CONTRACT NO. 1113 Page l of 1
NOTICE OF PUBLIC HEARING
On Proposed Plans, Specifications, Form of
Contract, And Estimate of Cost
For the
F.Y. 2025 PREFABRICATED SHELTER AT 512
UNIVERSITY AVE
In the City of Waterloo,
Iowa CONTRACT NO. 1113
PUBLIC HEARING
The City Council of Waterloo, Iowa, will hold a public hearing on the proposed Plans,
Specifications, Form of Contract, and Estimate of Costs for the construction of said
improvements at 5:30 p.m. on the 7th day of July 2025, in the Harold E. Getty Council Chambers
in City Hall, 715 Mulberry Street, Waterloo, Iowa. At said hearing, any interested person may
appear and file objections thereto or to the cost of the improvements.
The Board of Trustees of the Municipal Telecommunications Utility will hold a public hearing on
the proposed Plans, Specifications, Form of Contract, and Estimate of Costs for the construction
of said improvements at 4:00 p.m. on July 16, 2025 in the Harold E. Getty Council Chambers in
City Hall, 715 Mulberry Street, Waterloo, Iowa. At said hearing, any interested person may
appear and file objections thereto or to the cost of the improvements.
The City of Waterloo (Owner) is seeking bids from contractors who can supply and install a
prefabricated concrete communication shelter that will securely house the network equipment,
power systems, and supporting environmental components required to operate the Waterloo
Fiber FTTU network for the Owner. The shelter will be located at 512 University Ave, Waterloo,
IA 50701.
Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to
the City Council of said Waterloo, Iowa, on the day of
CITY OF WATERLOO, IOWA
BY:
Kelley Felchle City Clerk
NOTICE OF HEARING CONTRACT NO. 1113 Page I of 1
NOTICE TO BIDDERS
For the Taking of Bids for the F.Y. 2025
PREFABRICATED SHELTER AT 512
UNIVERSITY AVE
REQUEST FOR QUOTE
In the City of Waterloo,
Iowa CONTRACT NO. 1113
RECEIVING OF BIDS
On behalf of the City of Waterloo and the Municipal Telecommunications Utility of the City of
Waterloo, notice is hereby given that sealed proposals will be received by the City Clerk of the
City of Waterloo, Iowa, at her office in the City Hall of the said City on the 3rd day of July 2025
until 1:00 p.m. for the construction of the F.Y. 2025 PREFABRICATED SHELTER AT 512
UNIVERSITY AVE. CONTRACT NO. 1113. as described in detail in the plans and
specifications now on file in the Office of the City Clerk. Proposals received after the deadline for
submission of bids as stated herein shall not be considered and shall be returned to the late
bidder unopened.
OPENING OF BIDS
All proposals received will be opened in the City Council Chambers at City Hall, in the City of
Waterloo, Iowa, on the 3rd day of July 2025 at 1:00 p.m.
Proposals will be considered by the Board of Trustees of the Municipal Telecommunications
Utility at its meeting at 4:00 P.M. on July 16, 2025, in the Harold E. Getty Council Chambers in
City Hall, 715 Mulberry Street, Waterloo, Iowa. The Board may approve awarding a Contract at
said meeting, or at such other time and place as shall then be announced.
Proposals will be considered by the City of Waterloo City Council at its meeting at 5:30 P.M. on
July 7th, 2025, in the Harold E. Getty Council Chambers in City Hall, 715 Mulberry Street,
Waterloo, Iowa. The City Council anticipates making the award of Contract at its meeting at
5:30 P.M. on July 21, 2025, or at such other time and place as shall then be announced.
PUBLIC HEARING
The City Council of Waterloo, Iowa, will hold a public hearing on the proposed Plans,
Specifications, Form of Contract, and Estimate of Costs for the construction of said
improvements at 5:30 p.m. on the 7th day of July 2025, in the Harold E. Getty Council Chambers
in City Hall, 715 Mulberry Street, Waterloo, Iowa. At said hearing, any interested person may
appear and file objections thereto or to the cost of the improvements.
The Board of Trustees of the Municipal Telecommunications Utility will hold a public hearing on
the proposed Plans, Specification, Form of Contract, and Estimate of Costs for the construction of
said improvements at 4:00 p.m. on July 16, 2025, in the Harold E. Getty Council Chambers in
City Hall, 715 Mulberry Street, Waterloo, Iowa. At said hearing, any interested person may
appear and file objections thereto or to the cost of the improvements.
SCOPE OF WORK
The City of Waterloo (Owner) is seeking bids from contractors who can supply and install a
prefabricated concrete communication shelter that will securely house the network equipment,
power systems, and supporting environmental components required to operate the Waterloo
NOTICE TO BIDDERS CONTRACT NO. 1113
Fiber FTTU network for the Owner (the Project). The shelter will be located at 512 University
Ave, Waterloo, IA 50701 (See Attachment D — Site Location).
The Owner is seeking a Base Bid for a new concrete shelter and an Alternate Bid for a
refurbished concrete shelter. The Total of either the Base Bid or the Alternate Bid, as selected by
the Owner, shall be used for comparison of bids. The Total of the Base Bid or the Alternate Bid,
whichever is higher, shall be used for determining the sufficiency of the bid security.
BEGINNING AND COMPLETION DATES
The work under the proposed contract shall be commenced within ten (10) working days after
receipt of"Notice to Proceed." The `Notice to Proceed" is expected to be issued on or about July
22, 2025. The Project shall be substantially completed on or before January 7, 2026.
METHOD OF PAYMENT TO CONTRACTOR
Payments will be made on the basis of estimates prepared by the Contractor and approved by
the Engineer, solely for the purpose of payment; approval by the Engineer, or the City Council,
shall not be deemed as approval or acceptance of the workmanship or materials. The Contractor
will be compensated for 95% of the work completed during a payment period, with the remaining
5% being retained in accordance with the Iowa Code. Regular payments approved by the
Engineer will be made following the next scheduled City Council meeting. Final payment will be
made thirty-one (31) days after completion of the work and final acceptance by the Council.
Before final payment is made, vouchers showing that all subcontractors and workmen and all
persons furnishing materials have been fully paid for such materials and labor will be required
unless the City is satisfied that material, men, and laborers have been paid.
PLANS AND SPECIFICATIONS
Plans and Specifications governing the construction of the proposed improvements have been
prepared by the City of Waterloo 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 for review only from the Engineering Department.
Complete digital Plans and Specifications are available at:
https://www.citvofwaterlooiowa.com/government/munici.algovermentbids.php
Please DO NOT obtain Bid Documents from any source other than the City of Waterloo, Iowa.
Obtaining documents through any other source could prevent Bidder from being included on the
official Plan Holders List, which, in turn, may cause the Bidder to not receive addenda or other
time-sensitive / bid-critical documents. The City has the right to reject any bids that do not have
current bidding documents included in the proposal.
Upon award of project, the prime contractor, subcontractors and suppliers shall be supplied with
the needed number of plans and specifications at no additional cost.
Project Calendar Anticipated Events Dates:
Proposal Submission Date July 3, 2025
City consideration of bids July 7, 2025
City public hearing on Plans, Specifications, Form of Contract
NOTICE TO BIDDERS CONTRACT NO. 1113
Estimate of Cost July 7, 2025
Utility public hearing on Plans, Specifications, Form of Contract
Estimate of Cost July 16, 2025
Utility consideration of bids & approval of award of contract July 16, 2025
City Award of Contract July 21, 2025
Contract Signed July 22, 2025
Shelter Delivered and Offloaded by seller October 28, 2025
All Contracts Must Have Obligations Complete by January 7, 2026
NOTICE TO BIDDERS CONTRACT NO. 1113
CONTRACT AWARD
A contract will be awarded to the lowest responsive, responsible bidder. The lowest responsive,
responsible bidder will be determined based on the sum of either the Base Bid or the Alternate Bid
as selected by the Owner.
The City reserves the right to reject any or all bids, re-advertise for new bids, and to waive
informalities in the bids submitted.
Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty (30) days from
the day of the opening of bids for the purpose of reviewing the bids and investigating the
responsibility of bidders, prior to awarding the contract.
By virtue of statutory authority, a preference will be given to products and provisions grown and
coal produced with the State of Iowa and preference will be given to local domestic labor in the
construction of the improvement.
PROPOSALS SUBMITTED
The bidder shall submit bids on the items listed in the proposal.
The bidder 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.
ID SECURITY REQUIRED
All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on
an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft
drawn on a credit union in Iowa or chartered under the laws of the
United States, or bid bond, (on the form furnished by the City) payable to the City of
Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified
check, certified share draft or bid bond will be held as security that the Bidder will enter into a
Contract for the construction of the work and will furnish the required bonds, and in case the
successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his
bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used,
it must be signed by both the Bidder and the surety or surety's agent. Signature of surety's agent
must be supported by accompanying Power of Attorney.
PERFORMANCE & PAYMENT BONDS
The successful bidder will be required to furnish a "Performance Bond" and a "Payment Bond"
within ten (10) days after forms are presented to him in an amount equal to one hundred percent
100(3/0) of the contract price, said bond to be issued by a responsible
surety approved by the City Council and shall guarantee the faithful performance of the contract
and the terms and conditions therein contained, and shall guarantee the
prompt payment of all materials and labor and protect and save harmless the City from claims of
any kind caused by the operations of the contractor.
NOTICE TO BIDDERS CONTRACT NO. 1113
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 guaranteeing the maintenance of the improvement caused by failures
in materials and construction for a period of two (2) years from and after final acceptance of the
Project.
CONTRACT COMPLIANCE PROGRAM / SUBCONTRACTING
The program proposes numerical projections regarding utilization of Minority Business Enterprise
MBE) and Women Business Enterprise (WBE) as Subcontractors, vendors
and suppliers in the performance of Contracts awarded by the City of Waterloo, Iowa.
A goal of at least ten percent (10%) for MBE participation on all City funded construction projects
that are estimated at$50,000.00 or more. A goal of at least two percent(2%)for WBE participation
on all City funded construction projects that are estimated at $50,000.00 or more. Any project
funded in part or in total with federal funds shall follow the respective agencies contract
compliance program and goals. The
Prime Contractor shall make "good-faith efforts" to meet the Contract Compliance MBE/WBE
goals. The MBE/WBE subcontractors, suppliers or vendors must provide the Prime Contractor a
reasonably competitive price for the service being rendered or the Contractor is not required to
accept their bid.
LIQUIDATED DAMAGES
Time is an essential element of this contract. It is important that the work be diligently pursued to
completion. If the work is not completed within the specified contract period, plus authorized
extensions, the contractor shall pay to the City Liquidated Damages in the amount of one
thousand dollars ($1,000.00) per day, for each day, as further described herein, in excess of the
authorized time.
Days beyond the specified contract period for which Liquidated Damages will be charged will be
working days that the contractor does, or could have worked, from Monday through Saturday.
Sundays will be counted only if work is performed. Partial working days will be considered as a
full working day. Days not chargeable for Liquidated Damages will include rain days, Sunday if
no work is done, and legal holidays.
Working days will cease to be charged when only punch list items remain to be completed. Punch
list items do not include contract bid items or approved change/extra work orders.
When the Contractor believes the project to be substantially completed, a written notice stating
the same shall be submitted to the Engineer and a request made for a Punch List. If the work
under the Contract extends beyond the normal construction season for
such work the Contractor shall submit to the Engineer in writing a request that working days
counted toward the project be suspended until work is resumed the following construction season.
This amount is not construed as a penalty. These damages are for the cost to the City of providing
the required additional inspection, engineering and contract administration.
PRE-CONSTRUCTION CONFERENCE
Before the work is commenced on this contract, a conference shall be held for the purpose of
discussing the contract. The conference shall be attended by the prime contractor, subcontractors
and City Officials.
NOTICE TO BIDDERS CONTRACT NO. 1113
BIDDER STATUS
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 Bidder Status Form in the
form herein provided.
Failure to submit a fully completed Bidder Status Form with the bid may result in the bid being
deemed nonresponsive and rejected.
SALES TAX EXEMPTION CERTIFICATES
This project is subject to sales tax. The Contractor will keep track of sales tax as required by the
State of Iowa. The City may apply for a sales tax refund on portions of the project after City
Council acceptance.
Posted pursuant to the provisions of Chapter 26 of the City Code of Iowa.
CITY OF WATERLOO, IOWA
NOTICE TO BIDDERS CONTRACT NO. 1113
INSTRUCTIONS TO BIDDERS
1.EXPLANATIONS TO BIDDERS
Any explanation desired by a bidder regarding the meaning or interpretation of the Notice to Bidders, Plans,
Specifications,etc.,must be requested in writing on or before May 9,2025. Any interpretation made will be in the form
of an addendum to the Notice to Bidders,Plans, Specifications,etc.,and will be furnished to all prospective bidders. Its
receipt by the bidder must be acknowledged in the space provided on the Proposal Form. Oral explanations or
instructions given before the award of the contract will not be binding.
2.EXAMINATION OF PROPOSED WORT{
Bidders should visit the site and take such other steps as may be reasonably necessary to ascertain the nature and
location of the work, and the general and local conditions which can affect the work or the cost thereof. Failure to do
so will not relieve bidders from responsibility for estimating properly the difficulty or cost of successfully performing
the work.The owner will assume no responsibility for any understanding or representation concerning conditions made
by any of its officers or agents prior to the execution of the contract, unless included in the Notice to Bidders, the
Specifications or related documents,or any addenda thereto.
3.PREPARATION OF BIDS
a.Bids shall be submitted on the forms furnished, or copies thereof, and must be manually signed. If erasures or
other changes appear on the forms,each erasure or change must be initialed by the person signing thebid.
The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of the Form of Bid
or Proposal, which includes the Bid Item Number, Description,Unit, Estimated Quantity, Unit Bid Price,Total
Bid Price,and Total Bid. The computer-generated spreadsheet shall include all of the information listed in that
portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid.
For the bidders who submit a computer-generated spread- sheet, the TOTAL BID (with alternates, if
applicable)shall also be indicated in the space(s)provided on the Form of Bid or Proposal.
b.The Bid Form may provide for submission of a price or prices for one or more items, which may be lump sum
bids,alternate prices, schedule items resulting in a bid on a unit of construction or a combination thereof,etc.
When the Bid Form explicitly requires that the bidder bid on all items, failure to do so will disqualify the bid.
When submission of a price on all items is not required, bidders should insert the words "no bid" in the space
provided for any item on which no price is submitted.
c.Unless called for, alternate bids will not be considered.
d.In preparing his bid,the bidder shall specify the price,written legibly in ink or with the typewriter,at which he
proposes to do each item of work. The unit price shall be stated in figures in the blank space provided (i.e.,
7.14). In items where unit price is required,the total amount of each item shall be computed at the unit prices
bid for the quantities given on the Bid Form and stated in figures in the blank spaceprovided.
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.
e.Any changes or alterations made in the Bid Form, or any addition thereto, may cause the rejection of the bid.
No bid will be considered which contains a clause in which the contractor reserves the right to accept or reject
a contract awarded him by the city Council of Waterloo. Bids in which the unit prices are obviously unbalanced
INSTRUCTIONS TO BIDDERS
may be rejected.
f. If the bidder does not qualify as a resident bidder, the nonresident bidder shall specify on the project proposal
whether any preference to resident bidders, including but not limited to any preference to bidders, the
imposition of any type of labor force preference, or any other form of preferential treatment to bidders or
laborers from that state or foreign country is in effect in the nonresident bidder's state or country of domicile
at the time of a bid submittal.
4. SUBMISSION OF BIDS
a. A bid must be sealed in a separate envelope and marked to indicate its contents and be accompanied by the bid
security in a separate envelope. If forwarded by mail, the two envelopes shall be placed in a third and mailed
to the City Clerk. All bids must be filed with the City Clerk of the City of Waterloo at her office in the City
Hall before the time specified for closing bids.
b. Bids received prior to the advertised hour of opening will be securely kept sealed. The officer whose duty it is
to open them will decide when the specified time has arrived, and no bid received thereafter will be considered.
5. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS
Bids and withdrawals thereof received at the office designated in the Notice to Bidders after the exact time set for
closing of bids will not be considered. Bids may be withdrawn by written request received from bidders prior to the
time set for closing of bids.
6. PUBLIC OPENING OF BIDS
Bids will be publicly opened at that time and place set for opening in the Notice to Bidders. Their content will be made
public for the information of bidders and others interested who may be present either in person or byrepresentative.
7. IUD SECURITY REOUIRED
All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a
bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered
under the laws of the United States, or bid bond (on the form furnished by the City) payable to the City of Waterloo,
Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or
bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will
furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish
the required bond, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used,
it must be signed by both the bidder and the surety or surety's agent. Signature of surety's agent must be supported by
accompanying Power of Attorney.
INSTRUCTIONS TO BIDDERS
8.COLLUSIVE AGREEMENTS
a.Each bidder submitting a bid shall execute and include with the bid, a Non-Collusion Affidavit in the form
herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to
any bid submitted.
b.Each bidder submitting a bid shall have each proposed subcontractor, if any, execute and submit to the City
Contract Compliance Officer by 5:00 P.M. the business day following the day bids on this project are due, a
Non-Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other
person, firm, or corporation in regard to any bid submitted. Before executing any subcontract, the successful
bidder shall submit the name of any proposed subcontractor for approval by theCity.
9.MINORITY AND/OR WOMEN BUSINESS ENTERPRISE SUBCONTRACTORS
a.CITY OF WATERLOO AND/OR WOMEN BUSINESS ENTERPRISE PRE-BID CONTACT
INFORMATION FORM
The City of Waterloo Minority and/or Women Business Enterprise Pre-Bid Contact Information Form shall be
submitted with the Form of Bid or Proposal. Failure to do so shall be grounds for the bid being rejected if
subcontracting is proposed by the prime contractor.
10. MBE/WBE CONTRACT COMPLIANCE PROGRAM
PURPOSE
The purpose of the Contract Compliance Program (hereinafter called Program) is to act as an impetus for
increasing the participation of minority and women disadvantaged business enterprise (MBE/WBE) in City
awarded construction contracts.
The Program does not propose to eliminate any bonafide contractor or subcontractor from bidding on City
contracts, but it will hopefully serve as a needed stimulus to help local MBE/WBE's grow and eventually
become mainstream contractors and subcontractors.
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.
INSTRUCTIONS TO BIDDERS
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.
Women Business Enterprise(WBE):
Any business which is at least 51%owned by one or more women and whose management and daily
business operations are controlled by one or more such individuals and is on the current State Unified
Certification List,or were listed on the City of Waterloo Certified MBE/WBE Contractors list as of July 1,
2002
Minority:
Any person or persons who are considered as socially and economically disadvantaged because of their
identity as a group member without regard to their individual qualities. The groups include Black American,
Hispanic American,Native Americans, Eskimos, Aleuts, and Asian-Pacific Americans. 13 C.F.R. 124-
1. 1(c)(3)(ii)(1983).
Lowest Responsible Bidder:
Bidder who has offered the lowest bid and who has exhibited skill relative to the type of work bid on,
judgment, financial responsibility, and evidence of working with the Affirmative Action Employment
Program and the Contract Compliance Program.
Broker:
One buying or selling for others on commission or other fee basis without maintaining a warehouse or other
similar inventory storage facility.
Good Faith Efforts:
The successful bidder shall be selected on the basis of having submitted the lowest responsible bid. The
obligation of the bidder is to make good faith efforts. The bidder can demonstrate that it has done so by the
following:
1. The Prime Contractor met the project goal -No Action necessary
2. If the Prime Contractor failed to meet the goal,they must submit documentation of good faith
efforts.
INSTRUCTIONS TO BIDDERS
CONTRACT COMPLIANCE PROGRAM SUBCONTRACTING
The program proposes numerical projections or goals regarding utilization of Minority Business Enterprise
MBE)and Women Business Enterprise (WBE)as subcontractors in the performance of contracts awarded
by the City of Waterloo,Iowa.
A goal of at least 10% for MBE participation on all City funded construction projects that are estimated at
50,000 or more and projects under$50,000 where applicable at the Contract Compliance Officer's
discretion. There is at least 2% WBE goal on City funded projects.Any project which is funded solely or in
part with Federal funds shall follow the respective agencies contract compliance program and goals. Any
project which is funded solely or in part with State funds shall follow the respective agencies contract
compliance program and goals. The City of Waterloo Contract Compliance Program is for City awarded
construction contracts only. The prime contractor shall make"good-faith efforts"to meet the Contract
Compliance MBE/WBE goals. The MBE/WBE subcontracts must provide the prime contractor a reasonably
competitive price for the service being rendered or the contractor is not required to accept the bid.
Administrative Reconsideration:
As part of this reconsideration,the bidder will have the opportunity to provide written documentation or
arguments concerning the issue of whether they made adequate good faith efforts to meet the goals. The
bidder will have the opportunity to meet in person with the City of Waterloo's Administrative
Reconsideration Committee to discuss the issue of whether they made adequate good faith efforts.The
Administrative Reconsideration Committee will forward a written decision on reconsideration to the Mayor
and City Council,explaining the basis for finding that the bidder did or did not meet the goal or make
adequate good faith efforts to do so.
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(atcompetitive 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 compliancewith
Federal, State and Municipal regulations.
B. The City Contract Compliance Officer is responsible for maintaining a current directory ofcertified
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.
INSTRUCTIONS TO BIDDERS
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.
Prime Contractors
In order to be in compliance with the guidelines of this program,the prime contractor must show good-faith
efforts in following the MBE/WBE Contract Compliance Program. Good-faith efforts include, but are not
limited to,the following:
A. Prime contractors shall send solicitation letters(Form CCO-3)to appropriate MBE/WBE(those
certified in directory prepared by City Contract Compliance Officer)at least seven(7)working days
prior to bid date. Letters should identify specific items to be subcontracted. A minimum of three(3)
disadvantaged business contacts must be made and documented, if there are at least three
disadvantaged businesses offering services in the area to be subcontracted(See City of Waterloo
MBE/WBE Certification List). If less than three(3)are offering the services to be subcontracted,
then a contact is required for any that are listed as providing that service. If the Prime Contractor
submits a MBE/WBE contact not on the City's MBE/WBE list,attach a copy of theMBE/WBE/DBE
Certifications from another government agency.
B. If a prime contract bidder is unable to identify MBE/WBE firms to perform portions of the work,the
City Contract Compliance Officer should be contacted for assistance immediately.
C. Prime contract bidders may solicit MBE/WBE proposals by telephone or personal interviews, butall
such contacts shall be confirmed by Certified Mail,or subcontract bid request forms(FormCCO-2).
D. If any MBE/WBE business submitting bids is not selected for subcontract award,documentation
must accompany the "MBE/WBE Business Enterprise Pre-Bid Contact Information Form"(Form
CCO-4 and CCO-4A)on why the MBE/WBE was not selected. These reasons could include:
a.Not low bid. Copies of the competing bids may be required for verification.
b. MBE/WBE did not bid, withdrew bid or non-responsive.
c. Documentation of other business-related reason for not selecting the MBE/WBE business fora
subcontract.
d. Prime contractor self performs work.
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.
II. MBE/WBE Firms
A. MBE/WBE firms shall be certified by the Iowa Department of Transportation as owners and
controllers of their respective businesses or were listed on the City of Waterloo Certified
MBE/WBE Contractors list as of July 1,2002.
B. MBE/WBE firms must perform the work on the project; they cannot act as a broker by
subcontracting the work out to others.
C. Each MBE/WBE firm planning to submit quotes on construction projects with goals, shall submita
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 inbidding.
INSTRUCTIONS TO BIDDERS
If sufficient Letters of Intent to Bid are not received by the City Contract Compliance Officer seven
7)working days prior to bid opening,goals on subject project will be reduced accordingly.
Agreements between the bidder/proposer and a MBE/WBE in which the MBE/WBE promises not to
provide subcontracting quotations to other bidders/proposers are prohibited.
NON-COMPLIANCE OF CONTRACTORS
A. Noncompliance exists when the contractor's actions are not consistent with the requirements ofthe
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 anynon-
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. FMPI.OYMF.NT 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 OUALIFICATIONS
The apparent lowest 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 the lowest responsive,responsible bidder. The intention is to award the
contract at the City Council meeting on July 21,2025,but the right is reserved to postpone such action for a
reasonable time,not exceeding thirty(30)days.
INSTRUCTIONS TO BIDDERS
b. The City Council reserves the right to 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 lowest responsive, responsible bidder submitting the lowest total bid, or for the BASE
BID plus ALTERNATE(S), as applicable, chosen by the City as indicated in the NOTICE TO BIDDERS.
d. A resident bidder shall be allowed a preference as against a nonresident bidder from a state or foreign country
if that state or foreign country gives or requires any preference to bidders from that state or foreign country,
including but not limited to any preference to bidders, the imposition of any type of labor force preference, or
any other form of preferential treatment to bidders or laborers from that state or foreign country. The
preference allowed shall be equal to the preference given or required by the state or foreign country in which
the nonresident bidder is a resident. In the instance of a resident labor force preference, a nonresident bidder
shall apply the same resident labor force preference to a public improvement in this state as would be required
in the construction of a public improvement by the state or foreign country in which the nonresident bidder is
a resident.
14. EXECUTION OF AGREEMENT, BONDS, AND CERTIFICATE OF INSURANCE
a. Subsequent to the award and within ten ( 10) days after the prescribed forms are presented for signature, the
successful bidder shall execute and deliver to the City of Waterloo, Iowa, an agreement in the form included
in the contract documents in such number of copies as the City of Waterloo, Iowa, may require.
b. Having satisfied all conditions of award as set forth elsewhere in these documents, the successful biddershall,
within the period specified in paragraph "a" above, furnish a performance bond and a payment bond in a penal
sum not less than the amount of the contract as awarded, as security for the faithful performance of the contract
and terms and conditions therein contained and shall guarantee the prompt payment of all persons, firms, or
corporations to whom the contractor may become legally indebted for labor, materials, tools, equipment, or
services of any nature including utility and transportation services, employed or used by him in performing the
work. The bonds shall protect and save harmless the City from claims and damages of any kind caused by the
operations of the contractor and shall also guarantee the maintenance of the contract improvements for the
period stated in the Notice to Bidders from and after completion of said improvements and their acceptance
by the City. Such bonds shall be in the same form as that included in the contract documents and shall bear the
same date as, or a date subsequent to that of the agreement. The current Power of Attorney for the person who
signs for any surety company shall be attached to such bonds.
c. The successful bidder shall, within the period specified in paragraph "a" above, furnish a certificate of
insurance for approval in amounts of not less than the amounts specified in the General Specifications for
Construction, Section F. No. 4 "Liability Insurance" Pages 11 to 12 of 14 Pages. The certificate of insurance
shall be furnished in such number of copies as the City of Waterloo may require. The City of Waterloo shall
be named as an "Additional Insured." The contractor shall similarly submit his subcontractor's certificates of
insurance in the amounts for approval before each commences work. The contractor shall carry or require that
there be Workmen's Compensation Insurance for all his employees and those of his subcontractors engaged in
work at the site, in accordance with State Workmen's Compensation Laws.
d. In case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his
bid security may be retained by said City as agreed upon liquidated damages.
15. BIDDER STATUS
INSTRUCTIONS TO BIDDERS
Attention of bidders is called to the requirement of complying with the provisions of the Resident Bidder/Non-Resident
Bidder requirement.
Each bidder submitting a bid shall execute and include with the bid,a Bidder Status Form in the form herein
provided. Failure to submit a fully completed Bidder Status Form with the bid may result in the bid being deemed
nonresponsive and rejected.
INSTRUCTIONS TO BIDDERS
FORM OF BID OR PROPOSAL
F.Y. 2025 PREFABRICATED SHELTER AT
512 UNIVERSITY AVE
CONTRACT NO. 1113
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 - `19 , a Partnership
consisting of the following partners: EBB FLOL 4) c2o• DIIt9 US-Mu)
having familiarized (himself) (themselves) (itself) with the existing conditions on the project area affecting the co:
of the work, and with all the contract documents listed in the Table of Contents and Addenda (if any), as prepared by the C
Engineer of the City of Waterloo now on file in the office of the City Clerk, City Hall, Waterloo, Iowa, hereby proposes to
furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services,
including utility and transportation services required to construct and complete this F.Y.2025 PREFABRICATED SHELTER AT
512 UNIVERSITY AVE,CONTRACT NO. 1113, all in accordance with the above-listed documents and for the lump sum for
work in place for the following items and quantities:
F.Y. 2025 PREFABRICATED SHELTER AT 512 UNIVERSITY AVE, CONTRACT NO. 1113
Description Total Cost
BASE BID (NEW CONCRETE SHELTER)
ALTERNATE BID (REFURBISHED CONCRETE SHELTER) 9 1 9 50 .
do
r T(,n4 r
f (v, ODD • oo '
BoiJp
rpmL ZoS, 950 . vo
FORM OF BID CONRACT NO. 1113 Page 1 of 3
2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit
bid price for the work done shall govern in the actual payment to Contractor.
3. In submitting this bid,the bidder understands that the right is reserved by the City of Waterloo, Iowa,to
reject any or all bids.The undersigned agrees to execute and deliver an agreement in the prescribed form
and furnish the required bond and certificate of the insurance within ten(10)days after the agreement is
presented to him for signature and start work within ten(10)days after"Notice to Proceed"is issued.
4. Security in the sum of Dollars($_
in the form of is submitted herewith in accordance with
the INSTRUCTIONS TO BIDDERS.
5. Attached hereto is a Non-Collusion Affidavit of Prime Contractor.
6. Attached hereto is a Bidder Status Form.
7. The bidder is prepared to submit a financial and experience statement upon request.
8. The Prime Contractor and Subcontractor(s),which have performed an aggregate of$10,000.00 in work for
the City in the current calendar year,are prepared to submit an AAP or Update and an EOC,within ten
10)days of notification that the bid submitted is lowest and acceptable.
9. The bidder has received the following Addendum or Addenda:
Addendum No. Date
10. The bidder shall list the MBE/ BE 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.
Name or Bidder) uare)
BY: Title
FORM OF BID CONRACT NO 1113 Page 2 of 3
USTDW
725 6th St USTDWWatford, IA 52351 US
319)361-3627 Telecom Discount Warehouse
eric@ustdw.corn
Estimate
Uuf` ESTIMATE 1939
CITY OF WATERLOO - IOWA DATE 07/01/2025
715 MULBERRY STREET
WATERLOO, IOWA 50701 USA
DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT
Sales New Shelter Build 1 199,950.00 199,950.00
Provide previously deployed 12x20
concrete shelter to meet the
requirements
set forth in the Prefabricated Concrete
Shelter Contract#1113 512 University
Avenue Waterloo IA.
Key components incorporate in this
proposal are all items below off the
RFP:
Physical Construction
AC Power Distribution Service
Grounding/Bonding/
Lightning Protection System
Interior and Exterior Lighting
Air Conditioning System
Fire Suppression System
Additional Accessories and Built-In
Features
Back-Up Diesel Generator
Inspection, Delivery,and
Commissioning
50%deposit is required to accept the estimate TOTAL 199,950.00
Remaining 50`%,is due prior to building shipment.
Right to issue progress billing for work completed or materials purchased Cr)
exceeding 30 days D occ'
Site bid is based on full unencumbered site access If access is limited extra 30/31)
costs associated could he additional
The estimate includes 90 days of shelter storage
4.2115C156 OD
Accepted By
Accepted Date
Page ': .,i
1
BID BOND
Sample Bid Bond Form
KNOW ALL BY THESE PRESENTS:
That we, as Principal, and
as Surety, are held and firmly bound
unto as Obligee, (hereinafter
referred to as "the Jurisdiction"), in the penal sum of
dollars ($ or percent of the amount
bid in lawful money of the United States, for which payment said Principal and Surety bind themselves, their heirs,
executors, administrators, successors, and assigns jointly and severally, firmly by these presents.
The condition ofthe above obligation is such that whereas the Principal has submitted to the Jurisdiction a certain proposal,
in a separate envelope, and hereby made a part hereof, to enter into a contract in writing, for the following described
improvements;
F.Y. 2025 PREFABRICATED SHELTER AT 512 UNIVERSITY AVE, CONTRACT NO. 1113
The City of Waterloo (Owner) is seeking bids from contractors who can supply and install a prefabricated concrete
communication shelter that will securely house the network equipment, power systems, and supporting environmental
components required to operate the Waterloo Fiber FTTU network for the Owner (the Project). The shelter will be
located at 512 University Ave, Waterloo, IA 50701 (See Attachment D — Site Location).
Official Address:(Including Zip Code):
725 (on-/ ST N.
c.JA L CO20 rA 52351
I.R.S.No. EI1J J7- 112936,33
FORM OF BID CONRACT NO.1113 Page 3 of 3
1
BID BOND
Sample Bid Bond Forin
KNOW ALL BY THESE PRESENTS:
That we, EBB FLOW CO. DBA USTDW as Principal, and
Old Republic Surety Company as Surety, are held and firmly bound
unto City of Waterloo as Obligee, (hereinafter
referred to as "the Jurisdiction"), in the penal sum of
dollars ($ or Five (5) percent of the amount
bid in lawful money of the United States, for which payment said Principal and Surety bind themselves, their heirs,
executors, administrators, successors, and assigns jointly and severally, firmly by these presents.
The condition of the above obligation is such that whereas the Principal has submitted to the Jurisdiction a certain proposal,
in a separate envelope, and hereby made a part hereof, to enter into a contract in writing, for the following described
improvements;
F.Y. 2025 PREFABRICATED SHELTER AT 512 UNIVERSITY AVE, CONTRACT NO. 1113
The City of Waterloo (Owner) is seeking bids from contractors who can supply and install a prefabricated concrete
communication shelter that will securely house the network equipment, power systems, and supporting environmental
components required to operate the Waterloo Fiber FTTU network for the Owner (the Project). The shelter will be
located at 512 University Ave, Waterloo, IA 50701 (See Attachment D — Site Location).
CONT.BID BOND) Project Name F.Y.2025 PREFABRICATED SHELTER AT 512 UNIVERSITY AVE,Contract No.1113
The Surety hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or
affected by any extension of the time within which the Jurisdiction may accept such bid or execute such Contract;and said
Surety does hereby waive notice of any such extension.
In the event that any actions or proceedings are initiated with respect to this Bond,the parties agree that the venue thereof
shall be Black Hawk County, State of Iowa. If legal action is required by the Jurisdiction against the Surety or Principal
to enforce the provisions of the bond or to collect the monetary obligation incurring to the benefit of the Jurisdiction,the
Surety or Principal agrees to pay the Jurisdiction all damages, costs, and attorney fees incurred by enforcing any of the
provisions of this Bond. All rights, powers, and remedies of the Jurisdiction hereunder shall be cumulative and not
alternative and shall be in addition to all rights, powers and remedies given to the Jurisdiction,by law. The Jurisdiction
may proceed against Surety for any amount guaranteed hereunder whether action is brought against Principal or whether
Principal is joined in any such action or actions or not.
NOW, THEREFORE, if said proposal by the Principal be accepted, and the Principal shall enter into a contract with
Jurisdiction in accordance with the terms of such proposal, including the provision of insurance and of a bond as may be
specified in the contract documents, with good and sufficient surety for the faithful performance of such contract,for the
prompt payment of labor and material furnished in the prosecution thereof,and for the maintenance of said improvements
as may be required therein,then
this obligation shall become null and void;otherwise,the Principal shall pay to the Jurisdiction the full amount of the bid
bond,together with court costs,attorney's fees,and any other expense of recovery.
Signed and sealed this 1st day of July 20 25 .
SURETY: PRINCIPAL:
Old Republic Surety Company EBB FLOW CO. DBA USTDW
Sty C Bidder
By ByK -
Signature ttomey- -Fact/Officer ignature
vp,„: Kurt E. Feller I R.r.04
Printed Name of Attorney-in-Fact/Officer Printed Name
SEAL1, ,,, ,z TrueNorth Companies 72/165f060-
Company Name Title
500 1st Street SE 725 6th Street North
Company Address Address
Cedar Rapids, IA 52401 Walford, IA 52351
City,State,Zip Code City,State,Zip Code
319) 364-5193 319) 361-3627
Company Telephone Number Telephone Number
NOTE: All signatures on this bid bond must be original signatures in ink; copies, facsimile,or electronic signatures will
not be accepted. This bond must be sealed with the Surety's raised,embossing seal. The Certificate or Power of Attorney
accompanying this bond must be valid on its face and sealed with the Surety's raised, embossing seal.
OLD REPUBLIC SURETY COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and
appoint: ROBERT L. KOLLSMITH, TIMOTHY J. FOLEY, JASON D. SMITH, JAMES M. SMITH, LUKAS SCHRODER, LAURI A. MENEOUGH, DORA STEVENS, KURT E. FELLEFI3
ANN SAMUELSON, DEBORAH KLING, MASON STICKNEY, CHRISTINE RITCHIE of CEDAR RAPIDS, IA
its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and
deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof,
other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note
guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, or black lung bonds), as follows:
ALL WRITTEN INSTRUMENTS
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys-in-Fact, pursuant to these presents, are ratified and confirmed.
This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD
REPUBLIC SURETY COMPANY on February 18,1982.
RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint
attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to
execute and deliver and affix the seal of the company to bonds, undertakings, recognizances. and suretyship obligations of all kinds; and said officers may
remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company
i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant
secretary; or
ii) when signed by the president, any vice president or assistant vice president. secretary or assistant secretary, and countersigned and sealed (if a seal be
required) by a duly authorized attorney-in-fact or agent; or
iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority
evidenced by the Power of Attorney issued by the company to such person or persons.
RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or
certification thereof authorizing the execution and delivery of any bond, undertaking. recognizance. or other suretyship obligations of the company: and such
signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF. OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer. and its corporate seal to be
affixed this 10th day of June 2024
uit& OLD REPUBLIC SURETY COMPANY
QJ0 0 s
W
jK11("
1,
izi
President
STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS
On this 10th day of June 2024 personally came before me, Alan Pavlic
Karen J Haffner to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY
and
who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that
they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.
X06441A?7, K. * BOASOgiet--
40800 ..,
Notary Public
My Commission Expires:September 28, 2026
CERTIFICATE Expiration of notary's commission does not invalidate this instrument)
I. the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached
Power of Attorney remains in full force and has not been revoked;; and furthermore. that the Resolutions of the board of directors set forth in the Power of
Attorney, are now in force.I.
4a0 SU . T` .
f:
i
c0NP0AArE 0 _ 1st July 2025
40-5006 g SEAL Signed and sealed at the City of Brookfield. WI this day of
o
iv.,
ORSC 22262 (3-06)
ssis..A it Secreta
TRUENORTH COMPANIES, L.C.
NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR
State of
ss:
County of
being first duly sworn, deposes and says that:
1 . He is Owner, Partner, Officer, Representative,or Agent) of
hereinafter referred to as the "Subcontractor;"
2. He is fully informed respecting the preparation and contents of the subcontractor's proposal submitted by
the subcontractor to contract pertaining to the
project in
City or County and State)
3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal;
4. Neither the subcontractor nor any of its officers, partners, owners, agents, representatives, employees, or parties
in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly,
with any other bidder, firm or person to submit a collusive or sham proposal in connection with such contract
or to refrain from submitting a proposal in connection with such contract, or has in any manner, directly or
indirectly, sought by unlawful agreement or connivance with any other bidder, firm or person to fix the price
or prices in said subcontractor's proposal, or to fix any overhead, profit or cost element of the price of prices in
said subcontractor's proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any
advantage against the City of Waterloo, Iowa, or any person interested in the proposed contract; and
5. The price or prices quoted in the subcontractor's proposal are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents,
representatives, owners, employees, or parties in interest, including this affiant.
Signed)
1 itle
Subscribed and sworn to before me this day of 20
l itle
My commission expires
EQUAL OPPORTUNITY CLAUSE,
As provided in Executive Order No. 11246)
All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City and value of said
business equals or exceeds ten thousand dollars ($10,000.00) annually agree as follows :
1. The contractors, subcontractor, vendor and supplier of goods and services will not
discriminate against any employee or applicant for employment because of race,color,creed,sex,national origin,economic
status,age,mental or physical handicap,political opinions or affiliations. The contractor,subcontractor,vendor and supplier
will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during
employment without regard to their race,creed,color,sex,national origin,religion,economic status,age, mental or physical
disability,political opinions or affiliations. Such actions shall include but not be limited to the following:
a. Employment
b. Upgrading
c. Demotion or Transfer
d. Recruitment and Advertising
e. Layoff or Termination
f. Rates of Pay or Other Forms of Compensation
g. Selection for Training Including Apprenticeship
2.The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or advertisements for
employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color,
sex, national origin, religion, economic status, age, mental or physical disabilities, political opinion or affiliations.
3.The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each
labor union or representative of workers which he/she has a collective bargaining agreement or other contract or
understanding, a notice advising said labor union or workers' representative of the contractor's commitment under this
section.
4.The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations,
directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions.
5.The contractor,subcontractor,vendor and supplier of goods and services will furnish and file compliance reports within
such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to
the policies, procedures, patterns, and practices of each subcontractor as well as the contractor himself/herself and said
contractor, subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts
to the City's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this contract and
with rules and regulations of the City's Affirmative Action Program—Contract Compliance Provisions relative to
Resolution No.24664.
6.In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules,
regulations and orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor maybedeclaredineligibleforfurthercontractsinaccordancewithproceduresauthorizedbytheCityCouncil.
7.The contractor, subcontractor, vendor and supplier of goods and services will include, or incorporate by
reference,the provisions of the non-discrimination clause in every contract, subcontract or purchase order
unless exempted by the rules,regulations or orders of the City's Affirmative Action Program, and will provide
in every subcontract, or purchase order that said provisions will be binding upon each contractor,
subcontractor, or supplier.
8.We,the undersigned,recognize that we are morally and legally committed to non-discrimination in employment.Any person
who applies for employment with our company will not be discriminated against because of race, creed,color,sex, national
origin, economic status, age, mental or physical disabilities.
Signed)
Appropriate Official)
I it e)pate)
TITLE VI CIVIL RIGHTS
During the performance of this contract, the contractor(for itself), its assignees, and successors
in interest (hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations: The contractor shall comply with the Regulations relative
to non-discrimination in Federally assisted programs of the DOT Title 49, Code of
Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter
referred to as the Regulations), which are herein incorporated by reference and made a
part of this contract.
2. Nondiscrimination: The contractor, with regard to the work performed by it during the
contract, shall not discriminate on the grounds of race, color, national origin, sex, age, or
disability in the selection and retention of subcontractors, including procurement of
materials and leases of equipment. The contractor shall not participate either directly or
indirectly in the discrimination prohibited by section 21.5 of the Regulations, including
employment practices when the contract covers a program set forth in Appendix B of the
Regulations.
3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the contractor for work
to be performed under a subcontract, including procurement of materials or leases of
equipment, each potential subcontractor or supplier shall be notified by the contractor of
the contractor's obligations under this contract and the Regulations relative to non-
discrimination on the grounds of race,color,national origin,sex,age,or disability.
4. Information and Reports: The contractor shall provide all information and reports
required by the Regulations or directives issued pursuant there to, and shall allow
access to its books, records, accounts, other sources of information, and its facilities as
may be determined by the Contracting Authority,the Iowa DOT,or FHWA to be pertinent
to ascertain compliance with such Regulations, orders and instructions. Where any
information required of a contractor is in the exclusive possession of another who fails or
refuses to furnish this information the contractor shall so certify to the Contracting
Authority, the Iowa DOT, or the FHWA as appropriate, and shall set forth what efforts it
has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract,the Contracting Authority,the Iowa DOT,or
the FHWA shall impose such contract sanctions as they may determine to be
appropriate,including,but not limited to:
a. Withholding of payments to the contractor under the contract until the contractor
complies, and/or
b. Cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs
1) through (6) in every subcontract, including procurement of materials and leases of
equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
The contractor shall take such action with respect to any subcontract or procurement as
the Contracting Authority, the Iowa DOT, or the FHWA may direct as a means of
enforcing such provisions including sanctions for non-compliance: Provided,however,
TITLE VI CIVIL RIGHTS Page 1 of 2
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 CIVIL RIGHTS Page 2 of 2
Bidder Status Form
To be completed by all bidders Part A
Please answer"Yes"or"No"for each of the following:
V Yes ONo My company is authorized to transact business in Iowa.
To help you determine if your company is authorized,please review the worksheet on the next page).
lJ Yes ONo My company has an office to transact business in Iowa.
0 Yes ONo My company's office in Iowa is suitable for more than receiving mail,telephone calls,and e-mail.
25 Yes ONo My company has been conducting business in Iowa for at least 3 years prior to the first request for
bids on this project.
Yes ONo My company is not a subsidiary of another business entity,or my company is a subsidiary of
another business entity that would qualify as a resident bidder in Iowa.
If you answered"Yes"for each question above,your company qualifies as a resident bidder.Please
complete Parts B and D of this form.
If you answered"No"to one or more questions above,your company is a nonresident bidder.Please
complete Parts C and D of this form.
To be completed by resident bidders Part B
My company has maintained offices in Iowa during the past 3 years at the following addresses:
Dates: (2 13 ZDID to CL)1U.E+.1? ()MCC' Address: 72-5 C.il-I ST 1U
City,State,Zip: til4L?D1140. I r1 523SI
Dates: 3 1 2DZ3 to 1I S14.011 Address: ti'o5D CervvnEPCIAL bizi
City,State,Zip: war-oLA , Iq 52351
Dates: to Address:
You may attach additional sheet(s)if needed. City,State,Zip:
To be completed by non-resident bidders Part C
1. Name of home state or foreign country reported to the Iowa Secretary of State:
2. Does your company's home state or foreign country offer preferences to resident bidders,resident labor O Yes O Noforcepreferencesoranyothertypeofpreferencetobiddersorlaborers?
3. If you answered"Yes"to question 2,identify each preference offered by your company's home state or foreign country
and the appropriate legal citation.
You may attach additional sheet(s)if needed.
To be completed by all bidders Part D
I certify that the statements made on this document are true and complete to the best of my knowledge and I know that my
failure to provide accurate and truthful information may be a reason to reject my bid.
Firm Name: E63lt!n co. Dr3A l)STD
Signature: A Date: 7-'I-25
You must submit the completed form to the governmental body requesting bids per 875 Iowa Administrative Code
Chapter 156. This form has been approved by the Iowa Labor Commissioner.
309-6001 (09-15)
Worksheet: Authorization to Transact Business
This worksheet may be used to help complete Part A of the Resident Bidder Status form. If at least one of the following
describes your business, you are authorized to transact business in Iowa.
Yes ONo My business is currently registered as a contractor with the Iowa Division of Labor.
s- c baP
25 Yes ONo My business is a sale pr-e ietacsk4, and I am an Iowa resident for Iowa income tax purposes.
OYes ONo My business is a general partnership or joint venture. More than 50 percent of the general
partners or joint venture parties are residents of Iowa for Iowa income tax purposes.
0 Yes O No My business is an active corporation with the Iowa Secretary of State and has paid all fees
required by the Secretary of State, has filed its most recent biennial report, and has not filed
articles of dissolution.
OiYes O No My business is a corporation whose articles of incorporation are filed in a state other than Iowa,
the corporation has received a certificate of authority from the Iowa secretary of state, has filed
its most recent biennial report with the secretary of state, and has neither received a certificate of
withdrawal from the secretary of state nor had its authority revoked.
OYes O No My business is a limited liability partnership which has filed a statement of qualification in this
state and the statement has not been canceled.
OYes O No My business is a limited liability partnership which has filed a statement of qualification in a
state other than Iowa, has filed a statement of foreign qualification in Iowa and a statement of
cancellation has not been filed.
OYes O No My business is a limited partnership or limited liability limited partnership which has filed a
certificate of limited partnership in this state and has not filed a statement of termination.
OYes O No My business is a limited partnership or a limited liability limited partnership whose certificate of
limited partnership is filed in a state other than Iowa, the limited partnership or limited liability
limited partnership has received notification from the Iowa secretary of state that the application
for certificate of authority has been approved and no notice of cancellation has been filed by the
limited partnership or the limited liability limited partnership.
OYes°No My business is a limited liability company whose certificate of organization is filed in Iowa and has
not filed a statement of termination.
OYes O No My business is a limited liability company whose certificate of organization is filed in a state other
than Iowa. has received a certificate of authority to transact business in Iowa and the certificate
has not been revoked or canceled.
309-6001 (09-15)
Revised February 2003
CONTRACTOR'S OR SUBCONTRACTOR'S AFFIRMATIVE ACTION PROGRAM
Check box that applies to party completing program:
V ) General Contractor
Subcontractor
Section A to be completed by GENERAL CONTRACTORS only:
A.
Name of Company 836 tt-Ot-S U) • Owl USTvA)
Address of Company 725 LT} 5r N tAufta, IA Zip 52351
Telephone Number ( 311 3(. 1 3(27
Federal ID Number (if no Federal ID Number, Owner/President's Social Security Number)
23- L12'13(,33
Name of Equal Employment Officer Nft
Name of Project
Project Contract Number
Estimated Construction Work Dates
Start Finish
Section B to be completed by SUBCONTRACTORS only:
B.
Name of General or Prime Contractor
Name of Subcontractor
Subcontractor's Address Zip
Subcontractor's Telephone Number (
Subcontractor's Federal ID Number (if no Federal ID Number Owner/President's Social Security Number)
Name of Equal Employment Officer
AFFIRMATIVE ACTION PROGRAM Page 1 of 8
A. Remainder of program to be completed by party completing program, either Prime or Subcontractor.
1.The Owners and/or Principals of your company:
Ethnic
Name Address Position Sex Origin
2.Other Areas of Interest:
If your company has branches or subsidiaries, or if your company is a branch or subsidiary of a
parent organization, give the following information:
Type of
Name Address Affiliation Degree
II.EMPLOYER'S POLICY (Please read carefully.)
A. We, the undersigned, recognize that we are morally and legally committed to nondiscrimination in
employment. Any person who applies for employment with our company will not be discriminated
against because of race, color, creed, sex, national origin, economic status, age, mental or physical
handicap.
B. The employment policies and practices of the undersigned are to recruit and hire employees without
discrimination,and to treat them equally with respect to compensation and opportunities for advancement,
including training, upgrading, promotion,and transfer. However, we realize the inequities associated with
employment training, upgrading, contracting and subcontracting for minorities and women and we will
direct our efforts to correcting any deficiencies to the maximum extent possible. The same will be
required of our SUBCONTRACTORS and suppliers.
C.We submit this program to assure compliance with Executive Order 11246, as amended, and other
subsequent orders that may pertain to equal employment opportunity and merit employment policies,
fully realizing that our qualification and/or merit system should be evaluated and revised, if necessary.
D. We agree to put forth the maximum effort to achieve full employment and utilization of capabilities and
productivity of all our citizens without regard to race, creed, color, sex, national origin, economic status,
age, and mental or physical handicap.
E. will give training
Name ofCompany)
and employment opportunities to local residents of Waterloo, Iowa, to the greatest extent feasible.
AFFIRMATIVE ACTION PROGRAM Page 2 of 8
Ill. AFFIRMATIVE ACTION
A. recognizes that the effective application of a policy of
Name of Company)
merit employment involves more than just a policy statement,and
Name of Company)
will, therefore, re-evaluate our Affirmative Action Program to ensure that equal employment
opportunities are available on the basis of individual merit, and to actively encourage minorities, women
and local residents to seek employment with our company on this basis.
B.will undertake the following six(6)steps to improve
Name of Company)
our Affirmative Action Program:
1.Minority Recruitment and Employment;
2.Local Recruitment and Employment;
3.Disabled Veteran and Vietnam Era Veteran Recruitment and Employment;
4.Handicapped Recruitment and Employment;
5.Female Recruitment and Employment; and
6.Training, Upgrading and Promotional Opportunities.
C. will take whatever steps are necessary to
Name of Company)
ensure that our total work force has adequate minority, female, and local representation. We will
utilize the following methods in our recruitment attempts:
1.Local advertising media(newspapers, radio, T V);
2.Community organizations (churches, clubs,schools);
3.Public and private institutions in the area(UNI, Hawkeye Community College);
4. Job Service of Iowa; and
5.Other.
D. will seek qualified minority, female, and local group applicants
Name of Company)
for all job categories and will make asserted 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 companies, with whom we are
Name of Company)
associated and/or do business, to do the same and we will assist them in their efforts.
AFFIRMATIVE ACTION PROGRAM Page 3 of 8
H.has taken the following Affirmative Action to ensure that
Name of Company)
minority, female, local contractors and/or suppliers were provided opportunities to negotiate and/or
bid on this project: (if none, write "NONE")
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 Affirmative Action Programs from
Name of Company)
all nonexempt contractors who propose to work on this project and will take whatever steps are
necessary to ensure that non-minority contractors have adequate representation of minority, female
and local persons in their total work force.
K. In further accordance with rules and guidelines issued pursuant to Executive Order 11246 as
amended, we establish the goals for our company, based on parity percentages supplied by the City,
and we realize these goals will be reviewed on an annual basis.
L. will keep records of specific actions relative
to (Name of Company)
recruitment, employment, training, upgrading and promotion and will provide the City of Waterloo
with any information relative to same,including activities of our SUBCONTRACTORS and suppliers
as necessary or when requested.
M. Parity figures for companies located in Waterloo are as follows:
Minority Parity= .08(8%)
N.
Name of Company)
Affirmative Action Employment Goals:
The definition of Affirmative Action Goals is as follows: "Goals may not be rigid and 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 20 , please submit percentage targets for employing minorities and women. If you
already have reached your target for hiring minorities and women, please submit that percentage.
Goals for Minorities:
Goals for Women:
Your affirmative action goals should be between 1% and 10% or more for minorities and 1% and
5% or more for women.
AFFIRMATIVE ACTION PROGRAM Page 4 of 8
Please be advised that the goals or targets are purely your estimation of how many women and
minorities your company can reasonably expect to hire in 20 . Note,that none of the goals are rigid
or inflexible. They are targets that your company calculates as reasonably attainable. This will help
the City in its monitoring procedures as required by City of Waterloo Resolution No. 1984- 142(4).
CONTRACTOR'S TOTAL WORK FORCE
WATERLOO)
HOURLY
NAME AND ADDRESS JOB CATEGORY RACE SEX WAGE
INDICATE: DISABLED VETERAN: DV
VIETNAM ERA VETERAN: VV
HANDICAPPED: H
AFFIRMATIVE ACTION PROGRAM Page 5 of 8
We hereby certify that we are in compliance with all City and Federal Affirmative Action Regulations and agree to
accept all liability for failure to comply.
Respectfully submitted,
By:
Company Executive
Date
By:
Equal Employment
Opportunity Officer
Date
City of Waterloo Affirmative Action Officer
Approved
Disapproved Reason:
By:
Date:
AFFIRMATIVE ACTION PROGRAM Page 6 of 8
DESCRIPTION OF JOR CATF.000RIFC,
1. Officials/Manager:Occupations in which employees set broad policies,exercise overall responsibility for
execution of all policies,or direct individual departments or special phases of the agency's operations or
provide specialized consultation on a regional,district or area basis. Includes: department heads,bureau
chiefs,division chiefs,directors,deputy directors,controllers,examiners, wardens,superintendents, unit
supervisors,sheriffs,police and fire chiefs and inspectors and kindred workers.
2. professionals:Occupations,which require specialized and theoretical knowledge,which is usually required
through college training or thorough work experience and other training which provides comparable
knowledge. Includes: personnel and labor relations workers, social workers, doctors, psychologists,
registered nurses,economists,dietitians,lawyers,system analysts,accountants,engineers,employment and
vocational rehabilitation counselors,teachers or instructors,police and fire captains and lieutenants and
kindred workers.
3. Technicians: Occupations, which require a combination of basic scientific or technical knowledge and
manual skill which can be obtained through specialized post-secondary school education and through
equivalent on-the-job training.Includes:computer programmers and operations,draftspersons,surveyors,
licensed practical nurses,photographs,radio operators,technical illustrators,police and fire sergeants and
kindred workers.
4. Office/Clerica': 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 repairmen,electricians,heavy equipment operators,stationary
engineers,skilled machine occupations,carpenters,compositors and typesetters and kindred workers.
6. Sales Workers:Occupations engaging wholly and primarily in direct selling.Includes:advertising agents
and salesmen, insurance agents and brokers, real estate agents and brokers, stock and bond salesmen,
demonstrators,salesmen and 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. J.aborers(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 lifting,
digging,mixing,loading and pulling operations and kindred workers.
AFFIRMATIVE ACTION PROGRAM Page 7 of 8
9. Apprentices: Persons employed in a program including work training and related instruction to learn a trade
or craft which is traditionally an apprenticeship, regardless of whether the program is registered with a
Federal or State agency.
10. Trainees (on-the-job): Production. . . persons in formal training for craftsmen when not trained under
apprentice programs--operative laborer, and service occupations.
White Collar. . . persons engaged in formal training for clerical, managerial, professional, technical, sales,
office and clerical occupations.
AFFIRMATIVE ACTION PROGRAM Page 8 of 8
ITEMS OF POTENTIAL MBE/WBE PARTICIPATION
NOTICE TO PROSPECTIVE BIDDERS;
The following are items from the F.Y.2025 PREFABRICATED SHELTER AT 512 UNIVERSITY AVE,CONTRACT
NO. 1113, that have a potential for MBE/WBE Participation. This listing, however, is not intended to be all
encompassing;to preclude MBE/WBE Contractors from bidding on any items of the Proposal as a Subcontractor or
the entire Proposal as a Prime Contractor.All listed items are eligible for bid.
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 PARTICIPATIONS CONTRACT 1113 Page 1 of 1
SUBCONTRACTOR'S BID REQUEST FORM
PRIME BIDDER'S LETTERHEAD
Contract No.:
Letting Date:
I, (subcontractor's name), hereby attest that I have been solicited for a bid on (project name) in the area of
description of work and bid item no.).
Prime contractor) has informed me that if I am interested in bidding, a subcontracting bid proposal must
be submitted to the company office by and
Date)Time).
Subcontractor's Company Name
Subcontractor's Signature Date
Prime Bidder's Signature a e
LETTER TO BE USED WHEN SOLICITING FOR
SUBCONTRACTOR QUOTES
Subcontractor Company Name
Address
RE: Contract No.:
Dear
Prime Contractor's Company Name) is presently soliciting for the following work in connection with the
above referenced project.
Insert bid Item Nos. and Description of Work)
Prime Contractor's Company Name) is an Equal Opportunity Employer, and all qualified bidders will not
be discriminated against due to race, religion, color, sex, or origin.
If interested in bidding your proposal must be turned in to this office by
and
Date)Time)
Sincerely,
Prime Contractor's Representative)
Form CCO-3(11/28/2001)
CITY OF
J1 TERLOO MBE/WBE BUSINESS ENTERPRISE
s""
Community of Opportunity PRE-BID CONTACT INFORMATION FORM
Prime Contractor Name:
Project: Letting Date:
NO MBE/WBE SUBCONTRACTORS: If you are NOT using any MBE/WBE subcontractors to complete this project,
sign below. Attach a brief explanation as to why subcontracting was not feasible with this project. If any MBE/WBE
subcontractors will be used, please use the bottom portion of this form.
Contractor Signature:
Title:
Date:
SUBCONTRACTORS APPLICABLE: You are required, in order for your bid to be considered responsive, to provide
the information on this form showing ALL of your MBE/WBE subcontractor contacts made for your bid submission.
This information is subject to verification. Any questions may be directed to Contract Compliance Office 319-291-
4429.
You are required, in order for your bid to be considered responsive, to provide the information on this Form showing
your MBE/WBE Business Enterprise contacts made prior to your bid submission. This information is subject to
verifications and confirmation.
If you are unable to identify MBE/WBE firms to perform portions of the work, please contact Rudy Jones, Contract
Compliance Officer, for assistance at (319) 291-4429.
In the event it is determined that the MBE/WBE Business Enterprise goals are not met,then before awarding the
contract the City of Waterloo will make a determination as to whether or not the apparent successful low bidder made
good faith efforts to meet the goals.
TABLE OF INFORMATION SHOWING BIDDER'S PRE-BID
MBE/WBE BUSINESS ENTERPRISE CONTACTS
Quotes Received Quotation used in bid
MBE/WBE Dates Dates Dollar Amount Proposed to
Subcontractors Contacted Yes/No Contacted Yes/No be Subcontracted
Form CCO-4)Rev.06-20-02
MBE/WBE BUSINESS ENTERPRISE
PRE-BID CONTACT INFORMATION FORM INSTRUCTIONS
Prime Contractor Responsibilities:
Prime Contractors bidding on City of Waterloo contract work are required to ensure that MBE/WBE businesses are
provided the opportunity to participate in the performance of contracts and subcontracts. Prime contractors are required to
assist MBE/WBE businesses in overcoming barriers to participation, and must make good faith efforts to secure bids from,
and award subcontracts to, MBE/WBE businesses. For all contract bids of$50,000 or more, the following is required to
demonstrate good faith efforts in accordance with this policy:
1. "MBE/WBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM" submitted with the prime contractor
bid, properly completed and signed on Form CCO-4(Rev. 06-20-02). Please note that this document must include all
subcontractor contacts, bids received, and awarded - not just those related to disadvantaged business enterprise vendors.
2. A minimum of three(3) MBE/WBE business contacts must be made and documented, if there are at least three(3)
MBE/WBE businesses offering services in the areas to be subcontracted(see City of Waterloo MBE/WBE Certified List). If
less than three(3)are offering the services to be subcontracted, then a contact is required for any that are listed as
providing that service. If you have submitted a MBE/WBE contact not on the City's MBE/WBE list, attach a copy of the
certification from another government agency.
3. Contacts to each MBE/WBE businesses are required to be a minimum of seven (7) working days prior to the date the
prime contractor submits the bid to the City of Waterloo.
4. The following documentation must accompany the"MBE/WBE BUSINESS ENTERPRISE PRE-BID CONTACT
INFORMATION FORM" for each MBE/WBE business contacted:
a. A copy of the bid received from the MBE/WBE, OR
b. If no bid was received,a copy of correspondence received from the MBE/WBE with a"no bid" response,OR
c. If no response was received,a copy of the solicitation sent to the MBE/WBE with proof of mailing attached.
5. If any MBE/WBE business submitting bids are not selected for subcontract award, documentation must accompany the
MBE/WBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM"on why the MBE/WBE was not
selected. These reasons could include:
a. Not low bid. Copies of the competing bids may be required for verification.
b. MBE/WBE did not bid, withdrew bid or was n o n-responsive.
c. Documentation of other business-related reason for not selecting the MBE/WBE business for a subcontract.
d. Prime contractor self performs work.
e. Any other reason relied on by the Prime Contractor.
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 MBE/WBE firm planning to submit quotes on construction projects with goals, shall submit a Letter of
Intent to Bid(Form CCO-5)to the City Contract Compliance Officer seven(7)working days prior to bid opening, listing
specific items which the MBE/WBE firm is interested in bidding. If the City Contract Compliance Officer does not
receive sufficient scope letters seven (7)working days prior to bid opening, goals on subject project will be reduced
accordingly. Agreements between the bidder/proposer and an MBE/WBE in which the MBE/WBE promises not to
provide subcontracting quotations to other bidders/proposers are prohibited.
Form CCO-4A Rev.07-08-02
LETTER OF INTENT TO BID
MBE/WBE LETTER)
According to the Current MBE/WBE Contract Compliance Program - 2002, all MBE/WBE Contractors
interested in submitting subcontractor quotes on construction projects with goals, MUST submit a LETTER
OF INTENT TO BID to the City of Waterloo Contract Compliance Officer at least seven (7)days prior to
bid opening.
The LETTER OF INTENT TO BID must list the specific items, which the MBE/WBE Contractor is
interested in bidding.
Letter should include the following:
Name of Project:
Your Company Name:
Address:
Phone: Date:
List of Specific items to be bid:
Item No. Description:
Item No. Description:
Item No. Description:
Item No. Description:
Subcontractor's Company Name and authorized signature)
Return this LETTER OF INTENT TO BID to:
Contract Compliance Officer
Community Development Board
620 Mulberry St.
Carnegie Annex, Suite 202
Waterloo, IA 50703
Phone: (319) 291-4429
Form CCO-5(06-20-2002)
CERTIFIED
MBE/WBE CONTRACTORS
CITY OF WATERLOO, IOWA
CITY OF
tJt TERL00
J
Community of Opportunity
Contract Compliance Office
Community Development Board
Carnegie Annex, Suite 202
620 Mulberry Street
Waterloo, IA 50703
City WEB Site: www.ci.waterloo.ia.us
Contract Compliance
WEB Site
for listing updates: http://www.citvofwaterlooiowa.com/contractcompliance
Contact: Rudy Jones, Community Development Director
Email: rudv_jones(a.waterloo-ia.org
Phone: 319)291-4429
Fax: 319)291-4431
CERTIFIED MBE CONTRACTORS
CARTER ELECTRIC
725 Adams Street
Waterloo, IA 50703
Phone: (319) 232-9808
Pager: (319) 235-4021
Contact: Derrick Carter
Specializing in:
ELECTRICAL CONTRACTOR
CULPEPPER ELECTRIC
1731 Cottage Grove Avenue
Waterloo, IA 50707
Phone: (319) 235-0885
Fax: (319) 236-8177
Contact: Martin Culpepper
Certified: City of Waterloo Certified MBE, Licensed Electrician
Specializing in:
ELECTRICAL CONTRACTOR
DANIELS HOME IMPROVEMENT
339 Albany Street
Waterloo, IA 50703
Phone: (319) 961-1659
Contact: Sammy Daniels
Specializing in:
ALL TYPES OF CONCRETE FLATWORK, POURED WALLS—ALL TYPES, FOOTINGS,
LIGHT DEMOLITION
D.C. CORPORATION
426 Beech Street
Waterloo, IA 50703
Phone: (319) 493-2542
FAX: (319) 236-0515
Contact: Terry Phillips
Certified: City of Waterloo Certified MBE, Iowa DOT, TSB Certified
Specializing in:
COMMERCIAL AND RESIDENTIAL DEMOLITION,CONCRETE PAVING, DRIVEWAYS,
TRUCKING (ALL TYPES),GENERAL CONSTRUCTION
GREER'S WORKS
2003 Plainview Street
Waterloo, IA 50703
Phone: (319) 233-4701
Contact: Willie Greer
Specializing in:
DRIVEWAYS, SIDEWALKS, CARPENTRY, ROOFING, GENERAL CONSTRUCTION
OLD GREER'S WORKS
2309 Springview Street
Waterloo, IA 50707
Phone: (319) 233-2150
Contact: David L. Greer, Sr.
Specializing in:
ROOFING & GENERAL CONSTRUCTION
QUICK CONSTRUCTION
217 Bates Street
Waterloo, IA 50703
Phone: (319) 215-4166
Contact: Leroy Harrington
Specializing in:
ALL TYPES OF CONCRETE FLATWORK AND GENERAL CONSTRUCTION
D& D CONSTRUCTION
1124 West Donald Street
Waterloo, IA 50703
Phone: (319) 961-4208
Contact: Darrell E. Caldwell, Sr.
Specializing in:
ROOFING AND GENERAL CONSTRUCTION
E. CASTRO ROOFING
702 Riehl Street
Waterloo, IA 50701
Phone: (319) 215-5683
Contact: Emillio Castro
Specializing in:
ROOFING, SIDING, GENERAL CONSTRUCTION
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. Ebb Row 01:3A us1t,)
2.Permanent main office address. 725 L fl> ST U. w J1 L )J I A S23.S1
3.When organized. 2010
4.If a corporation, when incorporated. SAME — -eoRP
5.How many years have you been engaged in the contracting business under your present firm or trade
name? 15
6.Contracts on hand: (Schedule these, showing amount of each contract and the appropriate anticipated
dates of completion.) Dtii 06, CAN-c,c 1 G UNbal-Gi2-0J AAZ C,%\11L Wore. 1,0 I ouJA
7.General character of work performed by your company. Lau'1C, GligCral-S, GEES, 1SP , C-14ll_ -
U N flctt6R tut zb co Jg-roDC i l ofJ
8.Have you ever failed to complete any work awarded to you? If so, where and why? Ni O
9.Have you ever defaulted on a contract? If so, where and why? NO
10. List the more important projects recently completed by your company, stating the approximate cost for
each, and the month and year completed, uEi l Sl- Zo LbociS
Solo n3 UCz U)' }(.
11. List your major equipment available for this contract.1rt EQT N Eo ES nC-+ 1Z S- LT .
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.
1 14.) l. ZS 'YIVALS — otJ kWh-_ Lc-g1+uC0 Ronk Cs12_wkt OP SiN CC
14. Credit available: $ 1D =n1 i46,176,6 -vN. GESTnjC, c 3t UG DlVISio.J 2063
STrourt 3 YC
15. Give bank reference: fA11.FAX `TPTE SAUIN iS l J r . A4.0
IZERicAtrAS Ai A'l 1,4+3Lg' 1 Nt.C906Z:
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, I ow a? YES
17. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any
information requested by the City of Waterloo, Iowa, in verification of the recitals comprising this
Statement of Bidder's Qualifications.
STATEMENT OF BIDDERS QUALIFICATIONS Page 1 of 2
CERTIFIED WBE CONTRACTORS
ATLAS PAINTING, INC.*
911 Sycamore Street
P.O. BOX 65
Waterloo, IA 50704
Phone: (319) 232-9164
Specializing in:
COMMERCIAL AND INDUSTRIAL PAINTING
PETERMAN & HAES CARPET ONE*
4003 University
Waterloo, IA 50701
Phone: (319) 233-6131
Fax: (319) 233-6133
Certified:City of Waterloo WBE
Email: JR11486@cfu.net
Contact: Carol Reese
Specializing in:
FLOOR COVERING
DENOTES WOMEN BUSINESS ENTERPRISE
Dated at 7- i . 25 this day of ITLL'Y 20_ ZS_
Name o idde
By: .JZ/C 2. BEr)SD,J
Title: n/251aT.s.”-
State of
ss:
County of
being duly sworn deposes and says that he is
of and that the answers to the
Name of Organization)
to the foregoing questions and all statements therein contained are true and correct.
Signat of
Subscribed and sworn to before me this day of 20_.
Notary Public
My commission expires
STATEMENT OF BIDDERS QUALIFICATIONS Page 2 of 2
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 F.Y.2025 PREFABRICATED SHELTER AT 512 UNIVERSITY AVE,
CONTRACT NO.1113,as shown on the contract drawings and in accordance with these specifications.
The contract drawings,which accompany and form a part of this contract and specifications are dated June
5,2025.They have the general title of Conceptual Shelter(Attachment A)
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. PUMPING 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
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.
GENERAL SPECIAL PROVISIONS CONTRACT 1113 Page 1 of 4
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.
7.MAILBOXES/STOP SIGNS
The Contractor shall notify the United States Postal Department of mailboxes, which interfere with any part
of the work before removing them, and the Contractor will relocate them as required by the Postmaster. The
removal and replacement of mailboxes will not be considered for direct payment but will be considered
incidental to the item to which it applies.
The removal and replacement of stop signs will not be considered for direct payment but will be considered
incidental to the item to which it applies.
8. 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.
9. 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.
10. PERMISSION TO HAUL OVER STREETS. RAILROADS AND HIGHWAYa
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.
11. CONSTRUCTION SCHEDULING
The City Engineer shall approve Contractor's work schedule prior to starting. All revisions shall also be
approved. The City Engineer may change the schedule to accommodate changing construction conditions.
The Contractor shall coordinate the work under this contract with contractors performing work under other
contracts which may be performed concurrently.
GENERAL SPECIAL PROVISIONS CONTRACT 1113 Page 2 of 4
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.
12. PRE-CONSTRUCTION CONFERENCE
Before any work is started, the Contractor shall arrange with the City Engineer to hold a pre-construction
conference to discuss problems and schedules of contracts.
13. 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.
14. TRAFFIC SIGNS AND STREET SIGNS
The Contractor shall contact the City of Waterloo Traffic Operations Department to have any street sign that
will be affected by construction removed and replaced when the work has been completed.
15. TRAFFIC CONTROL DURING CONSTRUCTION
The Contractor shall, at his own expense and without further or other order, provide, erect and maintain, at
all times during the progress and suspension of the work and until completion and final acceptance thereof,
suitable and requisite barricades, signs or other adequate protection, as required by the latest edition of Part
VI of the "Manual on Uniform Traffic Control Devices" and shall provide, keep and maintain such barricades,
signs, etc., as may be required or as may be ordered by the Engineer, to ensure the safety of the public as
well as those engaged on the work. All barricading plans shall be reviewed by the Engineer.
The Contractor shall determine, provide and obtain approval from the City Engineer on all detour locations
for all street closings, barricades and posting prior to construction. These shall meet requirements of the
City Police Traffic Department. The Contractor shall notify the City Engineer's Office and the Police, Fire
and Street Departments when the street is closed for construction. All barricading shall be in accordance
with the latest edition of Part VI of the "Manual on Uniform Traffic Control Devices." Encapsulated lens
sheeting is not required on this project.
16. GRADES. LINES. LEVELS AND SURVEYS
All necessary grades, lines, levels and surveys shall be established and maintained by the Contractor.
The Contractor shall verify all grades, lines, levels and dimensions as sown on the drawings, and he shall
report any errors or inconsistencies in the same to the City Engineer before commencing work.
17. SAFETY OF WORKERS AND PUBLIC
The Contractor shall, at all times, take necessary precautions to protect the life and health of all persons
employed on this project and the public.He shall provide necessary safety devices and safeguards in
GENERAL SPECIAL PROVISIONS CONTRACT 1113 Page 3 of 4
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.
18. WORKING ON SATURDAYS. SUNDAYS AND LEGAL HOLIDAYS
The Contractor shall notify the Engineer in writing forty-eight (48) hours in advance if work on
Saturday is planned. By noon the Friday before the planned Saturday work, the Contractor shall
confirm the Saturday work schedule with the project inspector.
Work on Sunday requires prior approval of the Engineer in accordance with the Waterloo Standard
Specifications. The Contractor shall not work the following days in 2025 due to City holidays:
o January 1 , 2025
o January 20, 2025
o May 26, 2025
o June 19, 2025
o July 4, 2025
e September 1, 2025
o November 11, 2025
o November 27, 2025
o November 28, 2025
o December 24, 2025
o December 25, 2025
o January 1, 2026
GENERAL SPECIAL PROVISIONS CONTRACT 1113 Page 4 of 4
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 partoftheworkprovidedforinthesespecifications.
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.
GENERAL SPECS FOR CONSTRUCTION CONTRACT 1 1 13 Page 1 of 10
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 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.
GENERAL SPECS FOR CONSTRUCTION CONTRACT 1 1 13 Page 2 of 10
The Contractor shall keep one (I) copy, of all drawings and specifications on the work
available to the Engineer and to his representatives..
3.CONTRACTOR'S UNpERSTANpING. It is understood and agreed that the
Contractor has, by careful,examination, satisfied himself as to the nature, character and location
of the work, the conformance to the ground, the character, quality, and quantity of the materials
to be encountered, the character of the equipment and facilities needed preliminary to and during
the prosecution of the work, the general and local conditions, and all other matters which can, in
any way, affect the work under this contract. No verbal agreement or conversation with any
officer, agent, or employee of the City,either before or after the execution of the Contract, shall
affect or modify any of the terms or obligations herein contained.
4.REPORTING ERRORS ANp D SCREPANCIES. 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.
6.CHANGES IN THE WORK. The City,without invalidating the contract,may order
extra work or make changes by altering, adding to, or deducting from the work, the contract sum
being adjusted by agreement or in accordance with the dispute resolution procedures identified
herein 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 OUANTITIES. 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. 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
GENERAL SPECS FOR CONSTRUCTION CONTRACT 1 1 13 Page 3 of 10
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.
1 1. CLOSING STREETS TO TRAFFIC. The Engineer shall be the judge of how many
streets or parts of streets it is necessary for the Contractor to close at any time and may refuse to
permit the closing of additional streets until such of the work is finished and opened to traffic as
he may direct.
12. OBSTRUCTION OF STREETS. The work is to be carried on in such manner as
to obstruct the streets, highways, and alleys as little as possible. The Contractor shall carry on the
different parts of the work so as to complete the whole, as nearly as practicable, at the same time.
In doing the work, the Contractor shall follow the directions of the Engineer as to the place or
places where work shall be started or be carried on and the direction in which it shall be done.
13. SHANTIES AND BUILDINGS. Shanties or other buildings shall not be erected in
or upon any street, highway, or alley without permission of the Engineer. If such permission be
granted, it may be upon any reasonable terms prescribed by the person or body granting such
permission.
14. SANITARY CONVENIENCES. The Contractor shall furnish the necessary
sanitary conveniences, properly secluded, for the laborers on the work, and these shall be
maintained in a manner that will be inoffensive to the public.
15. CLEANING UP. The Contractor shall, as directed by the Engineer, remove from
the City's property and from all public and private property, at his own expense, all temporary
structures, rubbish, and waste materials resulting 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 WORT{
1. SUPERVISION AND INSPECTION. The Engineer shall have supervision of the
construction provided for in this Contract and shall decide any and all questions which may arise
as to the quality and acceptability of materials furnished,work performed, manner of performance,
rate of progress on the work, and all questions regarding the acceptable fulfillment of the terms
of the Contract. Materials and construction work shall, at all times, be subject to the inspection of
the Engineer or his representatives. The Contractor shall be held strictly to the true intent of these
specifications as regards the quality of materials, workmanship, and the diligent prosecution of
the work.
The Engineer and his representatives shall, at all times, have access to the work wherever
it is in preparation of progress, and the Contractor shall provide proper facilities for such access
and for inspection.
GENERAL SPECS FOR CONSTRUCTION CONTRACT 1 1 13 Page 4 of 10
If the specifications, the Engineer's instructions, law ordinances, or any public authority
require any work and/or materials to be especially tested or approved, the Contractor shall give the
Engineer timely notice of readiness for inspection. If the inspection is to be made by authority other
than the Engineer, the Contractor shall notify the engineer of the date fixed for inspection. Inspections
by the Engineer will be promptly made and, where practicable, at the source of supply. If any work
should be covered up without the approval or consent of the Engineer, it must, if required by the
Engineer, be uncovered for examination at the Contractor's expense.
Re-examination of questioned work may be ordered by the Engineer, and, if so ordered, the
work must be uncovered by the Contractor. If such work be found in accordance with the Contract,
the City shall pay the cost of re-examination and replacement. If such work be found not in
accordance with the Contract, the Contractor shall pay such cost unless he shall show that the defect
in the work was caused by another Contractor, and, in that event, the City shall pay the cost.
2. AUTHORITIES AND DUTIES OF INSPECTORS. Inspectors may be stationed on
the work to report to the Engineer as to the progress of the work and the manner in which it is being
performed; also, to report whenever it appears that materials furnished and work performed by the
Contractor fail to fulfill the requirements of the specifications and Contract, and to direct the
attention of the Contractor to such failure or infringement; but such inspection shall not relieve the
Contractor from any obligations to furnish acceptable materials or to provide completed construction
that is satisfactory in every particular.
In case of any dispute arising between the Inspector and the Contractor as to materials
furnished or the manner of performing the work, the Inspector shall have the authority to reject
materials or suspend the work until the question at issue can be referred to and decided by the Engineer.
Inspectors are not authorized to revoke, alter, enlarge, relax, or release any requirements of these
specifications. The Inspector shall, in no case, act as foreman or perform other duties for the
Contractor, or interfere with the management of the work by the latter.
3.STATUS OF THE ENGINEER. The Engineer shall have general supervision and
direction of the work. He has authority to stop the work whenever such stoppage may be necessarytoinsuretheproperexecutionoftheContract. He shall also have authority to reject any work
and/or materials which do not conform to the specifications, to direct the application of forces to any
portion of the work as, in his judgment, is required, and to order the force increased or diminished,
and to decide questions which arise in the execution of the work.
4.ENGINEER'S DECISIONS. The Engineer shall, within a reasonable time, make
decisions on all claims of the Contractor and on all other matters relating to the execution and progress
of the work or the interpretation of the contract documents.
All such decisions of the Engineer shall be final except as to the element of time and financial
consideration involved, which, if no agreement in regard thereto is reached, shall be subject to the
dispute resolution procedures identified herein.
5. STAKES AND INSTRUCTIONS. The Contractor shall provide reasonable and
necessary opportunities and facilities for setting stakes and making measurements. The
Contractor shall not furnish stakes or men to set them. He shall not proceed until he has received
from the Engineer such stakes and instructions as may be necessary to the progress of the work.
The Contractor shall carefully preserve bench marks, reference points, and 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.
GENERAL SPECS FOR CONSTRUCTION CONTRACT 1 1 13 Page 5 of 10
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 INA 1THORIZ.ED WO K. 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 authority,will be considered as unauthorized and at the
expense of the Contractor and will not be paid for under the provisions of the Contract. Work so
done may be ordered removed and replaced at the Contractor's expense.
8. REMOVAL OF DEFECTIVE MATERIALS OR WORD. The Contractor shall
promptly remove from the premises all materials condemned by the engineer as failing to conform
to the Contract; whether incorporated in the work or not,and the Contractor shall promptly replace
and re-execute his own work in accordance with the contract and without expense to the City,and
shall bear the expense of making good all work of other Contractors destroyed or damaged by
such removal or replacement.
If the Contractor does not remove such condemned work and materials within a reasonable
time,fixed by written notice,the City may remove them and may store the material at the expense
of the Contractor. If the Contractor does not pay the expense of such removal within a reasonable
time thereafter, the City may, upon ten (10) days' written notice, sell such materials at auction or
at private sale and shall account for the net proceeds thereof, after deducting all the costs and
expense that should have been borne by the Contractor; or, if the net proceeds of such sale are
insufficient to pay the expenses of removal, the City may deduct the balance from any amounts
due the Contractor.
9. MATERIALS. EOUIPMENT. 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.
GENERAL SPECS FOR CONSTRUCTION CONTRACT 1 1 13 Page 6 of 10
1 1. CHARACTER OF WORKMEN AND EOUIPMENT. The Contractor shall employ
competent and efficient workmen for every kind of work. Any person employed on the work who
shall refuse or neglect to obey the directions of the engineer or Inspector, or who shall be deemed
incompetent or disorderly, or who shall commit trespass upon public or private property in the
vicinity of the work, shall be dismissed when the Engineer so orders,and shall not be re-employed
unless express permission be given by the Engineer. The Contractor shall, at all times, enforce
discipline and good order among his employees.
The methods, equipment, and appliances used on the work, and the laboremployed, 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.
SECTION D - PROCEDURE AND PROGRESS
1.ORDER OF COMPLETION-USE OF COMPLETED PORTIONS. The Contractor
shall complete any portion or portions of the work in such order or time as the Engineer may
require. The City shall have the right to take possession of a use completed or partially completed
portion of the work at any time, but such taking possession and use shall not be deemed an
acceptance of work so taken or used, or any part thereof. If such prior use increases the cost of or
delays the work, the Contractor shall be entitled to such extra compensation or extension of time,
or 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 acceptable manner. Permission to work during freezing, stormy,
or inclement weather shall in no way be construed as a release of the Contractor's responsibility
regarding the quality of the finished work at such time.
3.SUNDAYS AND LEGAL HOLIDAYS. Except for such work as may be required
to properly maintain or protect completed or partially completed construction or to maintain lights
and barricades,no work will be permitted on Sundays or legal holidays without specific permission
of the Engineer.
4.DELAYS AND EXTENSION OF TIME. If the Contractor be delayed in the
completion of the work by an act of neglect of the City,or its employees;or by any other Contractor
employed by the City; or by changes ordered in the work; or by strikes, lockouts, fire, unusual
delays in transportation, unavoidable casualties, or any cause beyond the Contractor's control; or
by delay authorized by the Engineer pending dispute resolution procedures; or by any cause which
the Engineer shall decide justifies the delay, then the time of completion shall be extended for
such reasonabletime as the Engineer may decide will compensate for such delay.
GENERAL SPECS FOR CONSTRUCTION CONTRACT 1 113 Page 7 of 10
No such extension shall be made for delay occurring more than thirty (30) days before
claim therefor is made in writing to the Engineer. In the case of a continuing cause of delay, only
one claim is necessary.
This article does not exclude the recovery of damages for delay by either party under
provisions in the contract documents.
5.TEMPORARY SUSPENSION OF WORK,. The Engineer shall have authority to
suspend the work, wholly or in part, for such period or periods of time as he may deem necessary,
due to unsuitable weather or such other conditions as are considered unfavorable for the suitable
prosecution of the work, or for such time as is necessary due to the failure to the Contractor to
carry out orders given or to perform any or all provisions of the Contract.
6.NOTICES - HOW SERVED. Any notice to be given by the City to the Contractor
under this contract shall be deemed to be served if the same be delivered to the man in charge of
any office used by the Contractor or his foreman or agent at or near the work, or deposited in the
post office, postpaid, addressed to the Contractor at his last known place of business.
7.PROGRESS OF WORIr. 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 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 of finishing the work shall exceed such unpaid balance,
the Contractor shall pay the difference to the City. The expense incurred by the City as herein
provided and the damage incurred through the Contractor's default shall be certified by the
Engineer.
GENERAL SPECS FOR CONSTRUCTION CONTRACT 1113 Page 8 of 10
9.REMOVAL OF EOUIPMENT. In the case of annulment of this contract before
completion, from any cause whatsoever, the Contractor, if notified to do so by the City; shall
promptly remove any part or all of his equipment and supplies from the property of the City,failing
which, the City shall have the right to remove such equipment and supplies at the expense of the
Contractor.
SECTION E - MEASUREMENTS AND PAYMENT
1. STANDARD OF MEASUREMENT. All work completed under the contract shall
be measured by the Engineer according to the United States standard measures.
2.SCOPE OF PAYMENTS. The Engineer's measurements of quantities shall be the
basis for final payment for the work performed under this Contract. After the work is completed,
the Engineer will make measurements and computations of the number of units of each of the
various items of work completed, and the Contractor will be paid for the actual amount of work
performed at the rates specified in his Proposal. Before final settlement is made,the Council may
require the Contractor to submit a list of all persons furnishing labor or materials, with evidence
that such persons have been paid in full. Payment shall be made in the manner set forth in official
publications and Council Proceedings relative thereto.
3.PAYMENT FOR EXTRA WORK. Such extra work as may have been ordered by
the Engineer and performed by the Contractor shall be compensated for as provided herein. If
work is to be done or materials are to be furnished by the Contractor which cannot properly be
classified under unit prices included in the Proposal, the Contractor shall be paid therefor the
actual reasonable cost of the labor and materials entering permanently in such work, plus fifteen
percent (15%) of the cost thereof. In computing the labor cost on such extra work, the following
items shall be included:
a) Actual payroll expenditures for labor at the current rate therefor, and cost of
materials.
b) Pay of foreman and timekeepers for actual time required on the extra work.
c) Liability insurance, prorated, for the extra work.
Labor cost items on extra work shall be furnished in duplicate by the Contractor to the
Inspector daily. The Inspector shall check the items, and if he finds them to be correct, he shall so
certify on the statement of cost, returning one copy to the Contractor and filing one copy with the
Engineer.
The Engineer shall determine the cost of materials entering into extra work from the
materials and receipted freight bills for the same.
For any special machine, power tools, or equipment, including fuel and lubricants,but not
including small hand tools, which may be deemed necessary or desirable to use, 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.
GENERAL SPECS FOR CONSTRUCTION CONTRACT 1 1 13 Page 9 of 10
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. SI,AIMS FOR EXTRA COMPENSATION. If the Contractor deems that extra
compensation is due him for work and/or materials that he considered is not clearly covered in the
items for which he submitted unit prices in his bid and that were not ordered in writing by the Engineer
as an extra heretofore provided, the Contractor shall notify the Engineer, in writing, of his intention
to make claim for extra compensation for work and/or material before starting construction. If such
written notification is not given or the Engineer is not afforded proper facilities by the Contractor for
keeping strict account of actual cost as defined herein, then the Contractor hereby agrees to waive the
claim for extra compensation. Such notice to the engineer and the fact that the Engineer has kept
account of cost as aforesaid, shall not in any way be construed as proving the validity of the claim,
which must be passed upon by the Council. In the event that the Council finds the claim to be just, it
shall be 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 the dispute resolution procedures as hereinafter provided,and such resulting decision
shall be final,and the Engineer shall, within a period of five(5)days thereafter, file his completion
report.
Before action by the City Council upon such completion report, the Contractor shall also
file a written statement of any claims he may have 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 five percent (5%) of the amount due the Contractor on the completion report for a period
of thirty(30)days. If no claims are filed against the Contractor within thirty(30)days,the final five
percent (5%) shall then be paid to the Contractor.
7.WAIVER. By the execution of this contract ,the Contractor agrees that any
objections he may have to the statement of the amount of work done hereunder included by the
Engineer in this completion report, and any claims of the Contractor against the City growing out
of this contract and the work done hereunder which are not stated in writing in the manner and
within the time provided in Section E hereof, shall be waived, and no such claim shall thereafter
be asserted against the City.
GENERAL SPECS FOR CONSTRUCTION CONTRACT 1 1 13
SFrTIfNj - IYrALLRELATJONS 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 ofthe
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.LI AB1 LITY INS U RANC E.The Contractor shall carry liability insurance which shall
save the City harmless and protect the public and any person from injury sustained by the reason
of the prosecution of the work or the handling or storing of materials therefor and said Contractor
shall also carry liability insurance which shall meet the requirements of the Iowa Worker's
Compensation Law.
Before work shall be started on this contract, the Contractor shall furnish the City Clerk with
proper affidavit or Affidavits executed by representatives of duly qualified insurance companies,
evidencing that said insurance company or companies have issued liability insurance policies,
effective during the life of the contract, or for a period of a least ten (10) days following the filing of
written notice of cancellation, protecting the public and any person from injuries or damages sustained
by reason of carrying on the work involved in the Contract. The affidavit shall specifically evidence
the following forms of insurance protection:
a) Public liability insurance covering all operations performed by persons directly
employed by the Contractor.
b) Public liability insurance covering all operations performed by any Subcontractor
to whom a portion of the work may have been assigned.
c) Public liability insurance covering all work upon the project performed by any
independent Contractor working under the direction of either the principal
Contractor or a Subcontractor.
d) Motor vehicle bodily injury liability insurance and property damage 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:
GENERAL SPECS FOR CONSTRUCTION CONTRACT 1 1 13
Comprehensive General Liability Insurance
General Aggregate Limit 5,000,000.00
Products—Completed Operations
Aggregate Limit 5,000, 000.00
Each Occurrence Limit 5,000,000.00
Comprehensive Automobile Liability
Insurance 1,000,000.00
The Contractor shall have the City of Waterloo, Iowa, named as an "Additional Named
Insured" and it must be stated on the certificate. Coverage shall be written on a primary and non-
contributory basis and shall include a waiver of subrogation in favor of the City of Waterloo. A
certificate, or a policy if requested, shall be filed with the Owner.
All certificates and/or policies of insurance furnished by the Contractor to be filed with the
City Clerk shall include the name and address of the agency issuing the same. It shall also be required
that the City Clerk be notified by registered mail of the cancellation or expiration of the above
insurance.
To the fullest extent permitted by law the Contractor shall defend, indemnify, and hold
harmless the City and the Engineer and their agents, representatives, officers and employees
Indemnitees") from and against all claims, damages, losses and expenses, including but not limited to
attorneys' fees, arising out of or resulting from or in connection with the performance of the Work,
provided that any such claim, damage, loss or expense is caused in whole or in part by any act or
omission of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts any
of them may be liable. Such obligation shall not be construed to negate, abridge, or otherwise reduce
any other right or obligation of indemnity or contribution which would otherwise exist as to any party
or person described in the Contract Documents.
In any and all claims against the Owner or Engineer or any of their agents, officers or
employees by any employee of the Contractor, any Subcontractor, any person directly or indirectly
employed by any of them or anyone for whose acts may be liable, the indemnification obligation under
this Subsection 4 shall not be limited in any way by any limitation on the amount or type of damages,
compensation or benefits payable by or for the Contractor or any Subcontractor under workers'
compensation acts, disability benefit acts or other employee benefit acts.
All policies shall be in form and with insurance carriers acceptable to the City of Waterloo.
Each such policy shall provide that thirty(30) days' prior written notice of cancellation must be given
to City before cancellation of the policy will be effective. Contractor will take all steps required to
prevent all such insurance from lapsing or being canceled.
5. j3ARRICADES 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
GENERAL SPECS FOR CONSTRUCTION CONTRACT 1 1 13
loss when a particular process or the product of a particular manufacturer is specified.
7.PERMITS AND REGULATIONS. Permits and licenses of a temporary naturefor
the prosecution of the work shall be secured and paid for by the Contractor. Permits, license, and
easements for permanent changes in existing facilities shall be secured and paid for by the City.
8.CLAIMS FOR DAMAGES. Any claim for damages arising under this Contract
shall be made in writing to the party liable within a reasonable time of the first observance of such
damage and no later than the time of final payment, except as expressly stipulated otherwise in
the case of faulty work or materials and shall be adjusted by agreement or by dispute resolution
procedures as identified herein.
The Contractor shall be held for the payment of all just claims against him arising out of the
prosecution of this contract, and his bond will not be released until such claims are paid or dismissed.
9. ASSIGNMENT OF CONTRACT. The Contractor shall not sell or assign the contract
or sublet any portion of the work provided for therein without the written consent of the City Council.
10. SUBCONTRACTORS. The Contractor shall, as soon as practicable after the
signature of the contract, notify the Engineer in writing of the names of the Subcontractors proposed
for the work and shall not employ any that the Engineer may, within a reasonable time, object to as
incompetent or unfit.
GENERAL SPECS FOR CONSTRUCTION CONTRACT 1 1 13
The Contractor agrees that he is as fully responsible to the City for the acts and omission
of his Subcontractors and of persons either directly or indirectly employed by them as he is for
the acts and omissions of persons directly employed by him.
Nothing contained in the contract documents shall create any contractual relation between
any Subcontractor and the City.
11. DISPUTE RESOLUTIOVI PROCEDURES.The parties shall endeavor to resolve their
disputes by mediation which, unless the parties mutually agree otherwise, shall be administered in
accordance with Iowa Code Chapter 679C, as amended. A request for mediation shall be made in
writing and delivered to the other party to the Contract. The request may be made concurrently with
the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in
advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a
period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties
or court order.
The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in
the place where the Project is located, unless another location is mutually agreed upon. Agreements
reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction
thereof.
For any dispute not resolved by mediation,the method of binding dispute resolution shall be litigation
in the Iowa District Court for Black Hawk County.
In the event the City should prevail in any legal proceedings arising out of the performance or non-
performance of this Contract, the Contractor shall pay, in addition to any damages, all expenses of
such action including reasonable attorney's fees, all expert witness fees, costs, and litigation expenses
incurred by the City, including those incurred on appeal. The terms "costs and expenses" are not
limited to the costs and expenses traditionally taxed as court costs. The term "legal proceedings"shall
be deemed to include any arbitration, administrative proceedings, and all appeals from any and all of
the foregoing.
12. PERFORMANCE 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
GENERAL SPECS FOR CONSTRUCTION CONTRACT 1 1 13
surety thereon satisfactory and acceptable to the City, to insure the faithful performance and payment
by the Contractor of all the covenants and agreements on the part of the Contractor contained in this
contract. These bonds shall remain in force and effect for the full amount of the Contract. These bonds
shall remain in force and effect for the full amount of the Contract. The Contractor shall further provide
a maintenance bond guaranteeing the maintenance of the contract improvements for a period of two(2)
years from and after completion of said improvements and their acceptance by the City.
13. PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the
provisions of the Contract or in exercising any power or authority granted him thereby,there shall
be no liability upon the Engineer or his authorized assistants, either personally or as an official of
the City, it being understood that in such matters he acts as the agent and representative of the
City.
14. JURISDICTION. Any action in Court against the Contractor or sureties on his bond
because of damages to property or individuals by said Contractor or his workmen, or because of the
violation of any provisions of the specifications, or on account of the failure of said Contractor to
comply fully with these provisions, shall be brought in the District Court of the State of Iowa in and
for Black Hawk County.
15. TERMINATION OF RESPONSIBILITY. The Contract shall be considered as
completed and the Contractor released from further obligations except as to the requirements of
his bond, after the work has been completed and finally accepted and final estimates have been
allowed and the completion report of the engineer has been filed and approved by the Council.
16. CITY'S LEGAL RIGHTS. The City shall not be precluded by any measurements,
estimate,or certificate made, either before or after the completion and acceptance of the work and
payment therefor, from showing the true amount and character of the work performed and
materials furnished by the Contractor, or from showing that any such measurement, estimate, or
certificate is untrue or 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.
GENERAL SPECS FOR CONSTRUCTION CONTRACT 1 1 13
SUPPLEMENTAL GENERAL SPECIFICATIONS FOR CONSTRUCTION
1. SUBCONTRACTS
The contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to
require compliance by each subcontractor with the applicable provisions of the contract for the
improvements embraced in this contract.
2. REVIEW BY THE CITY OF WATERLOO
The City of Waterloo, its authorized representatives and agents, shall at all times have access to and be
permitted to observe and review all work, materials, equipment, payrolls, personnel records, employment
conditions, material invoices, and other relevant data and records pertaining to this contract, provided,
however, that all instructions and approval with respect to the work will be given to the contractor only by
the City of Waterloo through its authorized representative or agents.
3. INSPECTION
a.The contractor shall furnish promptly all materials reasonably necessary for any tests, which may be
required. All tests by the City of Waterloo will be performed in such manner as not to delay the work
unnecessarily and will be made in accordance with the provisions of the Technical Specifications.
b.Inspection of materials and appurtenances to be incorporated in the improvements embraced in this
contract may be made at the place of production, manufacture or shipment, whenever the quantity
justifies it, and such inspection and acceptance, unless otherwise stated in the Technical
Specifications, shall be final, except as regards (1) latent defects, (2) departures from specific
requirements of the contract, (3) damage or loss in transit, or (4) fraud or such gross mistakes as
amount to fraud. Subject to the requirements contained in the preceding sentence, the inspection of
materials as a whole or in part will be made at the project site.
4.WARRANTY OF TITLE,
No material,supplies,or equipment to be installed or furnished under this contract shall be purchased subject
to any chattel mortgage or under a conditional sale, lease-purchase or other agreement by which an interest
therein or in any part thereof is retained by the seller or supplier. The contractor shall warrant good title to
all materials,supplies,and equipment installed or incorporated in the work and upon completion of all work,
shall deliver the same together with all improvements and appurtenances constructed or placed thereon by
him to the City of Waterloo free from any claims, liens, or charges. Neither the contractor nor any person,
firm, or corporation furnishing any material or labor for any work covered by this contract shall have any
right to a lien upon any improvement or appurtenance thereon. Nothing contained in this paragraph,
however, shall defeat or impair the right of persons furnishing materials or labor to recover under any bond
given by the contractor for their protection or any rights under any law permitting such persons to look to
funds due the contractor in the hands of the City of Waterloo. The provisions of this paragraph shall be
inserted in all subcontracts and material contracts and notice of its provisions shall be given to all persons
furnishing materials for the work when no formal contract is entered into for such materials.
SUPP GEN SPECS FOR CONSTRUCTION Page 1 of I
FORM OF CONTRACT
FOR THE CONSTRUCTION OF
F.Y.2025 PREFABRICATED SHELTER AT 512
UNIVERSITY AVE
CITY OF WATERLOO,IOWA
CONTRACT NO.1113
This contract made and entered into this day of 20 ,by and between the City ofWaterloo,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 F.Y.2025 PREFABRICATED SHELTER AT 512
UNIVERSITY AVE
and furnish all necessary tools,equipment,materials,and labor necessary to do all the work called for
in the plans and specifications in a workmanship like manner and for the prices set forth in Contractor's
proposal,which was accepted by the City, and which is understood and agreed to be a part of this
contract.
PAR.2 The term"Contract"means and includes the following:
A. Notice of Public Hearing
B. Notice to Bidders
C. Instructions to Bidders
D. Proposal
E. Bid Bond
F. Contract
G. Performance Bond
H. Payment Bond
I. Maintenance Bond
J. General Specifications for Construction
K. Notice to Proceed
L. Conceptual Shelter Layout
M. Equipment Rack Elevations
N. Estimated Power and Cooling Specifications
O. Site Location
P. Prefabrications Data Center Bid Specs
It is expressly understood and agreed that in addition to the documents listed above,the Contract
includes any engineering data which may be furnished by the Contractor and approved by the City,
together with such additional Drawings which may be furnished by the Engineer from time to time as
are necessary to make clear and to define in greater detail the intent of the Plans and Specifications.
FORM OF CONTRACT Page 1 of 4
That several parts of the Contract are complementary, and what is called for by any one shall be as
binding as if called for by all. The intention of the Contract is to include the furnishing of all materials,
labor, tools, equipment and supplies necessary for completion of the contract obligations. Materials
or work described in words which so applied have a well-known technical or trade meaning shall be
held to refer to such recognized standards. In the event of a conflict between any of the contract
documents, the Contractor is to provide the greater quantity and/or better quality, unless otherwise
directed in writing by the City or Engineer.
PAR. 3 The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said
work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in
strict accordance with the requirements of this contract, and of the plans and specifications made a part
hereof by reference, and to the satisfaction and approval of the City and its engineer.
PAR. 4 The Contractor agrees to perform said work and install said improvements on the terms set out i n 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 January 7, 2026 , unless an extension of time is granted
in writing by the Council of the City. If the work is not completed within the specified contract period,
plus authorized extensions, the Contractor shall pay to the City Liquidated Damages in the amount of
one thousand dollars ($1,000.00) per day, for each day, as further described herein, in excess of the
authorized time.
PAR. 6 Should the Contractor fail to complete said improvements in strict accordance with the terms and
conditions of this contract, or the plans and specifications therefor promptly by the date herein specified,
the City may pay such additional sums as it may be required to pay by reason of the failure of said
contractor and deduct any and all such sums from any amount then due the Contractor.
PAR. 7 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to
the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any
excavations in any street or alley, and maintaining proper and sufficient barricades with lights and
signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the
FORM OF CONTRACT Page 2 of 4
City whole and defend any and all suits that may be brought against the City by reason of any injuries
that may be sustained by any person or property allegedly caused by the Contractor, or his agents,
while work is done pursuant to this agreement.
PAR. 8 The Contractor agrees that in the event a law suit is brought against the City for damages allegedly
sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of
any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug
by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit
and save the City harmless therein, and in case judgment is rendered against the City, the Contractor
agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent
company in a sufficient amount to protect the City and those who use the streets of the City.
PAR. 9 The City shall have the right to appoint one or more construction reviewers who shall review the
progress of the work in detail; also, to make any test or any material to be used in such work. No
material shall be used in any work until the same has first been approved by the construction reviewer.
Such construction reviewer shall have full authority to pass judgment upon all materials and upon the
manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work
shall be final unless it is revoked or modified by the City Engineer.
PAR. 10 Any material, which has been rejected by the construction reviewer, shall be at once removed from the
line of work and shall not be again taken thereon or placed with the material proposed to be used without
the written consent of the City Engineer.
PAR. 11 The Contractor shall maintain no cause of action against the City on account of delays and prosecution
of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion
of the job as was lost by reason of the delay caused by the City.
PAR. 12 The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who
shall perform labor or furnish materials entering into this improvement. It is agreed that the City need
not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not
be liable for said labor, material, or men under this contract.
PAR. 13 The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be
provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for
the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract.
Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council and
is by reference made a part of this contract.
PAR. 14 The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof
for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with
said work within ten (10)days after a notice to continue or carry it on has been mailed to it at the address
given herein by the City, or after such notice has been served on it, then the City may proceed to
complete said work, using any material, tools, or machinery found along said line of work, doing the
work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable
to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any
compensation due, or to become due the Contractor, and may be recovered by the City in an action
upon Contractor's bond.
PAR. 15 In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations,
and conditions hereof, or contained in the various instruments made a part of this contract by reference,
and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the
manner set out in the Notice to Bidders, the amount of money due the Contractor for work performed and
accepted, at the lump sum set out in the Contractor's proposal, which has been accepted by the City.
FORM OF CONTRACT Page 3 of 4
PAR. 16 The total amount of the contract, based on the Contractor's proposed lump sum, and for which 100%
surety bond is required is $
PAR. 17 After the completion of said work, the Contractor agrees to remove all debris and clean-up said streets,
and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove
the debris or put the street back in a proper condition for travel.
PAR. 18 This contract is not divisible, but in the event of a conflict between this contract and the various instruments
incorporated by reference, this contract shall govern.
PAR. 19 Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall
execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same
to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which
bond is in addition to the bond given by the Contractor to guarantee the completion of the work.
PAR. 20 The Contractor shall maintain all work done hereunder in good order for the period of two (2) years from
and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be
made without expense to the City or the abutting property. In the event of the failure or default of the
Contractor to remedy any or all defects appearing in said work within a period of two (2) years from the
date of its acceptance by said Council, and after having been given ten (10) days notice so to do by
registered letter deposited in the United States Post Office in said town, addressed to said contractor at
the address herein given, then the City may proceed to remedy such defects. The costs and expenses
thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action
brought in any court of competent jurisdiction.
PAR. 21 The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/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 been given to the City, and, in
any event, until two (2) years after the acceptance of the work.
CITY OF WATERLOO, IOWA
Mayor
City Ulerk
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 4 of 4
SURETY BOND NO.
PERFORMANCE, PAYMENT, AND MAINTENANCE BOND
KNOW ALL BY THESE PRESENTS:
That we, as Principal
hereinafter the "Contractor" or "Principal" and as
Surety are held and firmly bound unto as
Obligee (hereinafter referred to as "the Jurisdiction"), and to all persons who may be injured by any breach of
any of the conditions of this Bond in the penal sum of
dollars ($ lawful money of the United States, for the payment of which sum, well
and truly to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly or severally,
firmly by these presents.
The conditions of the above obligations are such that whereas said Contractor entered into a contract with the
Jurisdiction, bearing date the day of hereinafter the "Contract")
wherein said Contractor undertakes and agrees to construct the following described improvements:
F.Y. 2025 PREFABRICATED SHELTER AT 512 UNIVERSITY AVE, CONTRACT NO. 1113
The City of Waterloo (Owner) is seeking bids from contractors who can supply and install a
prefabricated concrete communication shelter that will securely house the network equipment,power
systems, and supporting environmental components required to operate the Waterloo Fiber FTTU
network for the Owner (the Project). The shelter will be located at 512 University Ave, Waterloo, IA
50701 (See Attachment D — Site Location).
CON'T—PERFORMANCE, PAYMENT,AND MAINTENANCE BOND)
and to faithfully perform all the terms and requirements of said Contract within the time therein specified, in
a good and workmanlike manner,and in accordance with the Contract Documents.
It is expressly understood and agreed by the Contractor and Surety in this bond that the following provisions
are a part of this Bond and are binding upon said Contractor and Surety,to-wit:
1. PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill, and abide by
each and every covenant,condition, and part of said Contract and Contract Documents, by reference
made a part hereof, for the above referenced improvements, and shall indemnify and save harmless
the Jurisdiction from all outlay and expense incurred by the Jurisdiction by reason of the Contractor's
default of failure to perform as required. The Contractor shall also be responsible for the default or
failure to perform as required under the Contract and Contract Documents by all its subcontractors,
suppliers, agents, or employees furnishing materials or providing labor in the performance of the
Contract.
2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just claims
submitted by persons, firms, subcontractors, and corporations furnishing materials for or performing
labor in the performance of the Contract on account of which this Bond is given, including but not
limited to claims for all amounts due for labor, materials, lubricants, oil, gasoline, repairs on
machinery,equipment, and tools,consumed or used by the Contractor or any subcontractor,wherein
the same are not satisfied out of the portion of the contract price the Jurisdiction is required to retain
until completion of the improvement,but the Contractor and Surety shall not be liable to said persons,
firms,or corporations unless the claims of said claimants against said portion of the contract price shall
have been established as provided by law. The Contractor and Surety hereby bind themselves to the
obligations and conditions set forth in Chapter 573 of the Iowa Code,which by this reference is made
a part hereof as though fully set out herein.
3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree,at their own expense:
A. To remedy any and all defects that may develop in or result from all work except new paving to
be performed under the Contract within the period of two year(s)from the date of acceptance of
the work under the Contract, by reason of defects in workmanship or materials used in
construction of said work;and
B. To remedy any and all defects that may develop in or result from new paving work to be
performed under the Contract within the period of two year(s)from the date of acceptance of the
work under the Contract, by reason of defects in workmanship or materials used in construction
of said work;
C. To keep all work in continuous good repair;and
D. To pay the Jurisdiction's reasonable costs of monitoring and inspection to assure that any defects
are remedied, and to repay the Jurisdiction all outlay and expense incurred as a result of
Contractor's and Surety's failure to remedy any defect as required by this section.
E. Maintenance bond requirements shall not apply to the following: work that is not permanently
incorporated into the project, pavement markings, seeding, sodding, and plant material and
planting.
CON'T— PERFORMANCE,PAYMENT,AND MAINTENANCE BOND)
4. GENERAL: Every Surety on this Bond shall be deemed and held bound,any contract to the contrary
notwithstanding,to the following provisions:
A. To consent without notice to any extension of time to the Contractor in which to perform the
Contract;
B. To consent without notice to any change in the Contract or Contract Documents,which thereby
increases the total contract price and the penal sum of this bond,provided that all such changes
do not,in the aggregate,involve an increase of more than 20%of the total contract price,and that
this bond shall then be released as to such excess increase;and
C. To consent without notice that this Bond shall remain in full force and effect until the Contract is
completed,whether completed within the specified contract period,within an extension thereof,
or within a period of time after the contract period has elapsed and the liquidated damage penalty
is being charged against the Contractor.
D. That no provision of this Bond or of any other contract shall be valid that limits to less than
five years after the acceptance of the work under the Contract the right to sue on this Bond.
E. That as used herein,the phrase"all outlay and expense"is not to be limited in any way but shall
include the actual and reasonable costs and expenses incurred by the Jurisdiction including
interest,benefits,and overhead where applicable. Accordingly,"all outlay and expense"would
include but not be limited to all contract or employee expense,all equipment usage or rental,
materials, testing, outside experts, attorneys' fees (including overhead expenses of the
Jurisdiction's staff attorneys),and all costs and expenses of litigation as they are incurred by the
Jurisdiction. It is intended the Contractor and Surety will defend and indemnify the Jurisdiction
on all claims made against the Jurisdiction on account of Contractor's failure to perform as
required in the Contract and Contract Documents,that all agreements and promises set forth in
the Contract and Contract Documents, in approved change orders,and in this Bond will be
fulfilled,and that the Jurisdiction will be fully indemnified so that it will be put into the position
it would have been in had the Contract been performed in the first instance as required.
In the event the Jurisdiction incurs any"outlay and expense"in defending itself against any claim as to
which the Contractor or Surety should have provided the defense,or in the enforcement of the promises
given by the Contractor in the Contract, Contract Documents, or approved change orders, or in the
enforcement of the promises given by the Contractor and Surety in this Bond,the Contractor and Surety
agree that they will make the Jurisdiction whole for all such outlay and expense,provided that the Surety's
obligation under this bond shall not exceed 125%of the penal sum of this bond.
CON'T — PERFORMANCE, PAYMENT AND MAINTENANCE BOND)
In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that the venue
thereof shall be Black Hawk County, State of Iowa. If legal action is required by the Jurisdiction to enforce
the provisions of this Bond or to collect the monetary obligation incurring to the benefit of the Jurisdiction,
the Contractor and the Surety agree, jointly, and severally, to pay the Jurisdiction all outlay and expense
incurred therefor by the Jurisdiction. All rights, powers, and remedies of the Jurisdiction hereunder shall be
cumulative and not alternative and shall be in addition to all rights, powers, and remedies given to the
Jurisdiction, by law. The Jurisdiction may proceed against surety for any amount guaranteed hereunder
whether action is brought against the Contractor or whether Contractor is joined in any such action(s) or not.
NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully perform all
the promises of the Principal, as set forth and provided in the Contract, in the Contract Documents, and in this
Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect.
When a word, term, or phrase is used in this Bond, it shall be interpreted or construed first as defined in this
Bond, the Contract, or the Contract Documents; second, if not defined in the Bond, Contract, or Contract
Documents, it shall be interpreted or construed as defined in applicable provisions of the Iowa Code; third, if
not defined in the Iowa Code, it shall be interpreted or construed according to its generally accepted meaning
in the construction industry; and fourth, if it has no generally accepted meaning in the construction industry,
it shall be interpreted or construed according to its common or customary usage.
Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not limit
liability hereunder. The Contract and Contract Documents are hereby made a part of this Bond.
Project No.
CON'T—PERFORMANCE, PAYMENT,AND MAINTENANCE BOND)
PRINCIPAL: SURETY:
Contractor Surety Company
By By
Signature Signature Attorney-in-Fact Officer
Title Printed Name of Attorney-in-Fact Officer
FORM APPROVED BY:
Company Name
Attorney for Jurisdiction Company Address
City,State,Zip Code
Company Telephone Number
NOTE:
1. All signatures on this performance, payment, and maintenance bond must be original signatures in ink;
copies,facsimile,or electronic signatures will not be accepted.
2. This bond must be sealed with the Surety's raised,embossing seal.
3. The Certificate or Power of Attorney accompanying this bond must be valid on its face and sealed with the
Surety's raised,embossing seat.
4. The name and signature of the Surety's Attorney-in-Fact/Officer entered on this bond must be exactly as
listed on the Certificate or Power of Attorney accompanying this bond.
4901-7335-7110-1\24268-004
ACORD CERTIFICATE OF LIABILITY INSURANCE
DATE
7/2/2025 )
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
TrueNorth Companies, L.C. PHONE FAX
500 1st St SE Arc.No.Fi<tl:319-366-2723 Not;319-862-0612
Cedar Rapids IA 52401
E-MAIL
certs(altruenorthcompanies.cam
INSURERS)AFFORDING COVERAGE NAIL I
INSURER A:ACUITY A Mutual Insurance Company 14184
INSURED EBBFLOW-01
EBB Flow Co
INSURER 8
725 6th Street N INSURER C:
PO Box 365 INSURER D:
Walford IA 52351 INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:506518459 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IN SR ADDL SUBR POLK:Y EFF POLICY EXP
LTR TYPE Of INSURANCE INSD yND POLICY NUMBER Ir/AIDD/YYYY1 (MM/DDIYYYY) LIMITS
A X COMMERCIAL GENERAL UABIUTY Y Y ZP7117 12/1/2024 12/1/2025 EACH OCCURRENCE 1,000,000
CLAIMS-MADE n OCCUR PREMISES(Ea occurrence) $250,000
MED EXP(My one person) $10,000
PERSONAL 8 ADV INJURY S 1,000,000
GENT AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE S 3,000,000
POLICY n JYEE&
X LOC PRODUCTS-COMP/OP AGG $3,000, 000
OTHER.
A AUTOMOBILE LIABILITY Y Y ZP7117 12/1/2024 12/1/2025 COMBINED SINGLE OMIT $1,000,000tT=a accident)
X ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
X HIRED X NON-OWNED PROPERTYDAMAGE
AUTOS ONLY _ AUTOS ONLY Per accident)
A X UMBRELLA LIAR X OCCUR ZP7117 12/1/2024 12/1/2025 EACH OCCURRENCE 3,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE S 3,000,000
DED RETENTION S
A WORKERS COMPENSATION ZP7117 12/1/2024 12/1/2025 X
AND EMPLOYERS'LIABILITY
STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTIVE
Y 1 N
EL EACH ACCIDENT S 1,000,000
OFFICER/MEMBER EXCLUDED?
Y N I A
Mandatory in NH)E.L DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY OMIT $1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
If Yes is indicated above for additional insured forms Gen Liability#CG2033 6/13(premises),#CG7277 6/13(completed operations)#CG2001 4/13
Primary/Noncontributory),Auto Liability#CA7211 10/98 applies. If Yes is indicated above for waiver of subrogation forms Gen Liability#CG7301 12/19, Auto
Liability#CA7247 10/16 and WC#WC000313 04/84 applies.Coverage is extended for work performed and required under written contract with the above
named insured.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Waterloo
620 Mulberry Street AUTHORIZED
REPRESENTATIVEWaterlooIA50703
1988- 2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03)The ACORD name and logo are registered marks of ACORD
BLANKET ADDITIONAL INSURED CA-7211(10- 98)
This endorsement modifies insurance provided under tificate of insurance showing that person or organiza-
the following: tion as additional insured has been issued.
BUSINESS AUTO COVERAGE FORM 2. The insurance provided by this endorsement ap-
GARAGE COVERAGE FORM plies only with respect to liability arising out of oper-
MOTOR CARRIER COVERAGE FORM ations performed for the additional insured by you.
1. Who Is an Insured under Section ll - Liability 3. The Limits of Insurance applicable to the addi-
Coverage is amended to include any person or or- tional insured are those specified in the written con-
ganization you are required to add as an additional tract or agreement or in the Declarations for this
insured on this policy under a written contract or Coverage Form, whichever is less. These Limits of
agreement currently in effect or becoming effective Insurance are inclusive and not in addition to the
during the term of the policy, provided that a cer- Limits of Insurance shown in the Declarations.
CA-721100-98) Includes copyrighted material of Insurance Services Office.Inc.With its permission. Page 1 of 1
ACUITY ENHANCEMENTS - BUSINESS AUTO CA-7247(10-16)
This endorsement modifies insurance provided under D. Fellow Employee Coverage
the following: The Fellow Employee Exclusion contained in
BUSINESS AUTO COVERAGE FORM Section II - Liability Coverage does not apply.
MOTOR CARRIER COVERAGE FORM
E. Towing for Covered Autos after Covered
A. Temporary Substitute Vehicle Physical Dam- Losses
age
The following is added to paragraph A4 Cov-
The following is added to item C Certain Trail- erage Extensions of Section III - Physical Dam-
ers, Mobile Equipment and Temporary Substi- age Coverage in the Business Auto Coverage
tute Autos under Section I - Covered Autos: Form and to paragraph - A4 Coverage Exten-
If Physical Damage Coverage is provided by sion under Section IV - Physical Damage Cov-
this Coverage Form, any auto you do not own erage in the Motor Carrier Coverage Form and
while used with permission of its owner as a the Towing Coverage endorsement, if it applies
temporary substitute for a covered auto you own to your policy:
that is out of service because of its breakdown, If a covered loss to a covered auto renders the
repair, servicing, loss or destruction is a covered vehicle undriveable, we will pay for reasonable
auto for Physical Damage Coverage. and necessary costs to tow the vehicle to the
B. Who Is an Insured nearest service or salvage facility. This cov-
erage only applies to a covered auto insured for
The following are added to Who Is an Insured Comprehensive or Collision coverage. Such
under Section II - Liability Coverage: payments will not reduce the limits of insurance
1. Newly Acquired Organizations described in C Limit of Insurance.
Any organization you newly acquire or form, F. Transportation Expenses
other than a partnership, joint venture or The Transportation Expenses Coverage Exten-
limited liability company, and over which you sion is replaced by the following:
maintain ownership or majority interest, will
We will also pay up to $75 per day to a
qualify as a Named Insured if there is no
maximum of $1,500 for temporary transportationothersimilarinsuranceavailabletothat
organization. However: expense incurred by you because of the total
theft of a covered auto of the private passenger
a. Coverage under this provision is afford- or light truck type. We will pay only for those
ed only until the 180th day after you covered autos for which you carry either
acquire or form the organization or the Comprehensive or Specified Causes of Loss
end of the policy period, whichever is Coverage. We will pay for temporary transport-
earlier:ation expenses incurred during the period
b. This coverage does not apply to bodily beginning 48 hours after the theft and ending,
injury or property damage that occurred regardless of the policy's expiration, when the
before you acquired or formed the or- covered auto is returned to use or we pay for its
ganization: loss.
c. No person or organization is an insured G. Increased Sub-limit for Audio, Visual and
with respect to the conduct of any cur- Data Electronic Equipment Coverage
rent or past partnership, joint venture or The sub-limit shown in paragraph C2 of the Limit
limited liability company that is not of Insurance Provision of Section III - Physical
shown as a Named Insured in the Dec- Damage Coverage in the Business Auto Coy-
larations. erage Form is increased to $3,000.
2. Employees as Insureds H. The following are added to Coverage Extensions
Any employee of yours is an insured while under Section III - Physical Damage Coverage
using a covered auto you do not own, hire or in the Business Auto Coverage Form and to
borrow in your business or your personal Section IV - Physical Damage Coverage in the
affairs. Motor Carrier Coverage Form:
C. Increased Supplementary Payments 1. Accidental Airbag Discharge
1. The limit shown in paragraph A2a(2) of We will pay to replace an airbag that de
Section II - Liability Coverage is increased to ploys without the car being involved in an
3,000. accident. This coverage applies only to a
covered auto which you own.
2. The limit shown in paragraph A2a(4) of
Section II - Liability Coverage is increased to 2. Loan/Lease Gap Coverage
300. In the event of a total loss to a covered auto
of the private passenger or light truck
CA-7247(10-16) Includes copyrighted material of Insurance Services Office, Inc,with its permission.Page 1 of 5
type, we will pay any unpaid amount due on with the lesser of the following number
the lease or loan, less: of days:
a. The amount paid under the Physical 1) The number of days reasonably re-
Damage Coverage Section of the poli- quired to repair or replace the cov-
cy; and ered auto. If loss is caused by theft.
b. Any: this number of days is added to the
number of days it takes to locate the
1) Overdue lease/loan payments at the covered auto and return it to you.
time of the loss:
2) Financial penalties imposed under a
2) 30 days.
lease for excessive use, abnormal d. Our payment is limited to the lesser of
wear and tear or high mileage; the following amounts:
3) Security deposits not returned by 1) Necessary and actual expenses in-
the lessor; curred.
4) Costs for extended warranties.2) $75 per day to a maximum of
Credit Life Insurance, Health, Ac- 1,500.
cident or Disability Insurance pur- e. This coverage does not apply while
chased with the loan or lease; and there are spare or reserve autos avail-
5) Carry-over balances from previous able to you for your operations.
loans or leases. f. If loss results from the total theft of a
3. Hired Auto Physical Damage Coverage covered auto to which this extension
applies, we will pay under this coverage
If hired autos are covered autos for Liability only that amount of your rental reim-Coverage, then the Physical Damage Cov- bursement expenses which is not al-
erages provided under this Coverage Form ready provided for under the Physical
for any auto you own are extended to autos Damage Coverage Extensions.
of the private passenger or light truck type
which you lease, hire, rent or borrow for a g. The Rental Reimbursement Coverage
period of 30 days or less, subject to the described above does not apply to a
following limit. covered auto that is described or
designated as a covered auto on Rental
The most we will pay under this extension is Reimbursement Coverage Form
the lesser of the actual cash value, the cost CA-9923F.
of repair or $50.000, minus a deductible.
The deductible will be equal to the largest 5. Fire Department Service Charge
deductible applicable to any owned auto of When the fire department is called to save
the private passenger or light truck type for or protect a covered auto. its equipment, its
that coverage. Subject to the above limit, contents, or occupants from a covered loss,
deductible and excess provisions, we will we will pay up to $1,000 for your liability for
provide coverage equal to the broadest fire department service charges:
coverage applicable to any covered auto you a. Assumed by contract or agreement prior
own of the private passenger or light truck to loss; or
type.
4. Rental Reimbursement Coverage for Pri- b. Required by local ordinance.
vate Passenger Vehicles or Light Trucks No deductible applies to this additional cov-
a. This coverage applies only to a covered
erage.
auto of the private passenger or light 6. Fire Extinguisher Recharge
truck type. We will pay the actual cost of recharging or
b. We will pay for rental reimbursement replacing, whichever is less, fire extinguish-
expenses incurred by you for the rental ers kept in your covered auto that are inten-
of an auto because of a covered loss to tionally discharged in an attempt to extin-
an auto to which this extension applies. guish a fire.
Payment applies in addition to the oth- 7. Rental Reimbursement, Business Income
erwise applicable amount of each cov- and Extra Expense Coverage
erage you have on a covered auto. No
deductibles apply to this coverage.
Limits
c. We will pay only for those expenses The most we will pay for all loss for each
incurred during the policy period begin- covered auto involved in any one accident
ning 24 hours after the loss and ending,
for Rental Reimbursement, Business Income
regardless of the policy's expiration,
and Extra Expense combined is $10.000.
CA-7247(10-16) Includes copyrighted material of Insurance Services Office. Inc..with its permission.Page 2 of 5
Coverage make under any other coverages listed
a. Rental Reimbursement Coverage in extension 7.
1) We will pay for expenses incurred b. No other deductible applies to these
by you during the period of coverages.
restoration for the rental of an auto c. We will not pay under these coverages if
made necessary because of a you do not repair or replace the cov-
covered /oss to a covered auto used ered auto.
in your business. The /oss must be d. You must resume all or part of your
caused by a cause of loss covered business as quickly as possible.
under item Al of Physical Damage
Coverage in this Coverage Part. e. If you have other autos you can use to
reduce the amount of loss payable un-
2) This Rental Reimbursement Cover- der these coverages, you are required to
age does not apply to a covered use them.
auto of the private passenger or
f. We will not pay for loss or expenseslighttrucktypebecausecoverage
for these vehicles is provided in caused by suspension, lapse or can-
item 4 of this endorsement. cellation of any license, lease or con-
tract. But if the suspension, lapse or
b. Business Income and Extra Expense cancellation is directly caused by the
Coverage suspension of your business, we will
1) Business Income Coverage cover such loss that affects your busi-
ness(
a) Actual Loss Sustained Cover
income.
age - We will pay the actual g. We will pay for expenses you incur to
loss of business income reduce the amount that would otherwise
sustained by you as the result have been payable under this coverage.
of the necessary suspension of We will not pay more than the amount
your business during the period by which you actually reduce the busi-
of restoration due to a loss to a ness income loss or extra expense in-
covered auto used in your curred.
business. The loss must be 8. Fuel in Vehicle Coverage
caused by a cause of loss
We will also pay, with respect to a coveredcoveredunderitemAlof
loss, the actual loss sustained for the loss to
Physical Damage Coverage in the fuel used to operate your vehicle but
this Coverage Part. only with respect to a covered auto. You
b) Specified Amount per Day must provide documentation supporting your
Coverage - At your option, we claim for damages.
will pay up to $250 per day for
a maximum of seven days Deductible
during the period of restoration A deductible applies to this coverage. Refer
for income loss. The loss must to paragraph N Deductible Applicable to Fuel
be caused by a cause of loss in Vehicle, Miscellaneous Equipment Used
covered under item Al of With Covered Vehicle Coverages. and
Physical Damage Coverage in Electronic Logging Devices or Electronic
this Coverage Part. On-Board Recorders Coverages.
2) Extra Expense Coverage 9. Miscellaneous Equipment Used With
We will pay the necessary and rea
Covered Vehicle Coverage
sonable extra expenses that you in- We will also pay, with respect to a covered
cur during the period of restoration loss, the actual cash value, repair cost or
that you would not have incurred replacement cost. whichever is less, for /oss
had there been no loss to a covered to your miscellaneous equipment but only
auto used in your business. The loss with respect to a covered auto.
must be caused by a cause of loss Exclusions
covered under item Al of Physical
Damage Coverage in this Coverage We will not pay for loss caused by:
Part. a. Theft, unless there are visible signs or
Conditions marks of forcible entry into the covered
auto and the theft is reported to law
a. Any payment for Business Income made enforcement authorities: or
under Specified Amount per Day
Coverage reduces the payment we
b. Mysterious disappearance.
CA-7247(10-16) Includes copyrighted material of Insurance Services Office, Inc.,with its permission Page 3 of 5
Deductible
J. Knowledge of Claim or Suit
A deductible applies to this coverage. Refer
The following is added to the Duties in thetoparagraphNDeductibleApplicabletoFuel
Event of Accident, Claim, Suit or Loss Con-in Vehicle, Miscellaneous Equipment Used
dition:With Covered Vehicle Coverages, and
Electronic Logging Devices or Electronic Knowledge of an accident. claim, suit or loss by
On-Board Recorders Coverages. an agent or employee of any insured shall not in
10. Electronic Logging Devices or Electronic itself constitute knowledge of the insured unlessggg
your partners, executive officers, directors,On-Board Recorders
managers, members or a person who has beenWewillalsopay, with respect to a covered designated by them to receive reports of
oss, up to $3,000 for the actual loss sus- accidents, claims, suits or /oss shall have re-
tained to an electronic on-board recorder or ceived such notice from the agent or employee.
electronic logging device permanently in-
stalled in the auto but only with respect to a
K. Waiver of Subrogation for Written Contracts
covered auto. The following is added to the Transfer of Rights
Deductible of Recovery Against Others to Us Condition:
A deductible applies to this coverage. Refer We waive any right of recovery we may have
to paragraph N Deductible Applicable to Fuel against a person or organization because of
in Vehicle, Miscellaneous Equipment Used payments we make for bodily injury or property
With Covered Vehicle Coverages, and damage arising out of your use of a covered
Electronic Logging Devices or Electronic
auto which occurs while under a contract with
gg g that person or organization. The waiver appliesOn-Board Recorders Coverages for further
information.only to a person or organization with whom you
have a written contract or agreement requiring
I. Deductible Provision you to waive the right of recovery under this
Paragraph D, Deductible of Section III - Phys- policy. The written contract or agreement must
ical Damage Coverage in the Business Auto have been executed prior to the accident caus-
Coverage Form and paragraph D, Deductible of ing bodily injury or property damage.
Section IV - Physical Damage Coverage in the L. Worldwide Coverage Territory for Hired
Motor Carrier Coverage Form are replaced by Autos
the following: The following is added to paragraph B7 of Sec-
1. For each covered auto. our obligation to pay tion IV - Business Auto Conditions in the Busi-
for, repair, return or replace damaged or ness Auto Coverage Form and to paragraph B7
stolen property will be reduced by the of Section V - Motor Carrier Conditions in the
applicable deductible shown in the Declara- Motor Carrier Coverage Form:
tions. Any Comprehensive Coverage de-
ductible shown in the Declarations does not
With respect to autos hired for 30 days or less,
apply to loss caused by fire or lightning. the coverage territory is extended to include all
parts of the world if the insured's responsibility
2. For combinations of tractor, truck, semi- to pay damages is determined in a suit in the
trailer or trailers when attached together by United States of America (including its territor-
coupling devices at the time of loss. one ies and possessions), Puerto Rico or Canada or
deductible will apply. in a settlement we agree to.
a. If more than one auto of the combina-M. Mental Anguish Coverage
tion is damaged or stolen, the largest
applicable deductible shown in the Dec- The Definition of bodily injury is amended to
larations will apply. include mental anguish.
b. If only one auto of the combination is N. Deductible Applicable to Fuel in Vehicle,
damaged or stolen, the deductible Miscellaneous Equipment Used With Cov-
shown in the Declarations for that auto ered Vehicle Coverages and Electronic Log-
will apply. ging Devices or Electronic On-Board Re-
corders
3. The deductibles will not apply to loss caused
by a collision of a covered auto with any 1. If loss to property covered by these exten-
other auto insured by us. sions is the result of a loss to the covered
auto under this Coverage Form's Compre-
4. If the insured chooses to have a damaged hensive or Collision Coverage, then for each
windshield or other glass repaired instead of covered auto our obligation to pay for,
replaced, no deductible will apply to the loss. repair, return or replace damaged or stolen
property will be reduced by the applicable
deductible shown in the Declarations. Any
CA-7247(10-16) Includes copyrighted material of Insurance Services Office, inc.,with its permission.Page 4 of 5
Comprehensive Coverage deductible shown 4. "Miscellaneous equipment" means hand
in the Declarations does not apply to loss to trucks, dollies, pallets, pads, covers, bind-
property covered by an extension caused by ers, tarps, tie-downs, chains and other simi-
fire or lightning. lar equipment used in the handling of prop-
2. If loss to property covered by these exten- erty being transported.
sions is the result of a loss to the covered 5. "Period of restoration" means the period of
auto under this Coverage Form's Specified time that:
Causes of Loss Coverage, then for each
a. Begins:
covered auto our obligation to pay for,
repair, return or replace damaged or stolen 1 ) Twenty-four hours after the time of
property will be reduced by a $100 loss for Rental Reimbursement Coy-
deductible. erage or Business Income Cov-
erage; or
3. In the event that there is more than one
applicable deductible, only the highest de- 2) Immediately after the time of loss
ductible will apply. In no event will more than for Extra Expense Coverage; and
one deductible apply. b. Ends at the earliest of:
O. Coverage Extensions Definitions 1 ) The time required to resume your
1 . "Business income" means the:normal business operations; or
a. Net income (Net profit or loss before 2) The time that is reasonably nec-
income taxes) that would have been essary to repair or replace the cov-
earned or incurred if no loss would have Bred auto.
occurred; and Period of restoration does not include any
b. Continuing normal operating expenses increased period required due to the en-
incurred, including payroll. forcemeat of any ordinance or law that re-
quires any insured or others to test for,
ExtraExtra expense" means those expenses you monitor, clean up, remove, contain, treat,
incur to avoid or minimize the suspension of detoxify or neutralize or in any way respond
business and to continue your business op- to or assess the effects of pollutants.
erations. ,
The expiration date of this policy will not cut
3. "Light truck' means a truck with a gross short the period of restoration.
vehicle weight of 10,000 pounds or less.
1
CA-7247(10-16) Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 5 of 5
PRIMARY AND NONCONTRIBUTORY-OTHER INSURANCE CONDITION CG-2001R(4-13)
This endorsement modifies insurance provided under This insurance is primary to and will not seek con-
the following: tribution from any other insurance available to an
COMMERCIAL GENERAL LIABILITY COVERAGE PART additional insured under your policy provided that:
PRODUCTS-COMPLETED OPERATIONS LIABILITY COV- (1) The additional insured is a Named Insured un-
ERAGE FORM der such other insurance;and
RESIDENTIAL CARE FACILITY LIABILITY COVERAGE
PART 2) You have agreed in writing in a contract or
The following is added to the Other Insurance Con- agreement that this insurance would be primary
dition and supersedes any provision to the contrary: and would not seek contribution from any other
insurance available to the additional insured.
Primary And Noncontributory Insurance
CG-2001R(4-13) Includes copyrighted material of Insurance Services Office,inc.,with its permission Page 1 of 1
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -AUTO- CG-2033R(6-13)
MATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH
YOU
This endorsement modifies insurance provided under 1) The preparing, approving or failing to
the following: prepare or approve maps, shop draw-
COMMERCIAL GENERAL LIABILITY COVERAGE PART ings, opinions, reports, surveys, field
1. Section II Who Is An Insured is amended to
orders, change orders or drawings and
include as an additional insured:
specifications; or
2) Supervisory, inspection, architectural or
a. Any person or organization for whom you engineering activities.
are performing operations when you and This exclusion applies even if the claims against
such person or organization have agreed in any insured allege negligence or other
writing in a contract or agreement that such wrongdoing in the supervision, hiring. employ-
person or organization be added as an ad- ment, training or monitoring of others by that
ditional insured on your policy; and insured, if the occurrence which caused the
b. Any other person or organization you are bodily injury or property damage involved the
required to add as an additional insured rendering of or the failure to render any pro-
under the contract or agreement described fessional architectural, engineering or surveying
in paragraph a above. services.
Such person or organization is an additional b. Bodily injury or property damage occurring
insured only with respect to liability for bodily after:
injury. property damage or personal and ad- 1) All work, including materials, parts or
vertising injury caused, in whole or in part, by: equipment furnished in connection with
a. Your acts or omissions; or such work, on the project (other than ser-
b. The acts or omissions of those acting on vice, maintenance or repairs) to be per
your behalf; formed by or on behalf of the additional
insured(s) at the location of the covered
in the performance of your ongoing operations operations has been completed; or
for the additional insured.
2) That portion of your work out of which
However the insurance afforded to such addi- the injury or damage arises has been
tional insured: put to its intended use by any person or
a. Only applies to the extent permitted by law; organization other than another con-
and tractor or subcontractor engaged in per-
b. Will not be broader than that which you are forming operations for a principal as a
required by the contract or agreement to part of the same project.
provide for such additional insured. 3. With respect to the insurance afforded to these
A person's or organization's status as an addi- additional insureds, the following is added to
tional insured under this endorsement ends
Section III Limits Of Insurance:
when your operations for that additional insured The most we will pay on behalf of the addi-
are completed.tional insured is the amount of insurance:
2. With respect to the insurance afforded these a. Required by the contract or agreement you
additional insureds, the following additional ex- have entered into with the additional in-
clusions apply: sured; or
This insurance does not apply to: b. Available under the applicable Limits of In-
a. Bodily injury. property damage or personal
surance shown in the Declarations;
and advertising injury arising out of the ren- whichever is less.
dering of, or the failure to render. any pro- This endorsement shall not increase the ap-
fessional architectural, engineering or sur- plicable Limits of Insurance shown in the De-
veying services, including: clarations.
CG-2033R(6- 13) Includes copyrighted material of Insurance Services Office. Inc.with its permission.Page 1 of 1
ACUITY ENHANCEMENTS - GENERAL LIABILITY CG-7301(12- 19)
This endorsement modifies insurance provided will not reject coverage under this policy based
under the following:solely on such failure.
COMMERCIAL GENERAL LIABILITY COVERAGE FORM H. Waiver of Subrogation for Written Contracts
A. Extended Non-Owned Watercraft The following is added to the Transfer of Rights
Exclusion g Exception (2)(a) of Coverage A - of Recovery Against Others to Us Condition
Bodily Injury and Property Damage Liability is under Section IV - Commercial General Liability
replaced by the following: Conditions:
a) Less than 51 feet long; and We waive any right of recovery we may have
B. Increased Bail Bond Amount against a person or organization because of
The limit shown in paragraph 1 b of
payments we make for injury or damage arising
P 9 P out of your ongoing operations or your work
Supplementary Payments - Coverages A and B done under a contract with that person or
is increased to$1,000. organization and included in the
C. Increased Reasonable Expenses Incurred by products-completed operations hazard.
the Insured The waiver applies only to:
The limit shown in paragraph 1 d of 1. Any person or organization with whom you
Supplementary Payments - Coverages A and B have a written contract or agreement in
is increased to$350. which you are required to waive rights of
D. Newly Acquired Organizations recovery under this policy. Such contract or
Item 3a of Section II - Who Is An Insured is agreement must have been executed prior
replaced by the following:to the occurrence causing injury or damage;
and
a. Coverage under this provision is afforded
only until the 180th day after you acquire or 2. Any other person or organization you are
form the organization or the end of the required to add as an additional insured
policy period, whichever is earlier;
under the contract or agreement described
in paragraph 1 above.
E. Tenants Legal Liability I. Liberalization
Paragraphs (1), (3) and (4) of the Damage to
Property Exclusion under Section I - Coverages The following is added to Section IV
do not apply to property damage (other than Commercial General Liability Conditions:
damage by fire) to premises, including the If we adopt any revision that would broaden the
contents of such premises, rented to you for a coverage under this policy without additional
period of 8 or more consecutive days. premium within 45 days prior to or during the
The most we will pay under this coverage for policy period, the broadened coverage will
damages because of property damage to any
immediately apply to this policy.
one premises is $10,000. A $250 deductible J. Broadened Bodily Injury
applies. The Definition of Bodily Injury is amended to
F. Knowledge of Claim or Suit include mental anguish.
The following is added to paragraph 2, Duties in K. Electronic Data Liability
the Event of Occurrence, Offense, Claim or Suit 1. Exclusion 2q of Coverage A - Bodily Injury
of Section IV - Commercial General Liability And Property Damage Liability in Section I -
Conditions: Coverages is replaced by the following:
Knowledge of an occurrence, claim or suit by 2. Exclusions
your agent, servant or employee shall not in
itself constitute knowledge of the Named This insurance does not apply to:
Insured unless an officer of the Named Insured q. Access Or Disclosure Of
has received such notice from the agent, Confidential Or Personal
servant or employee_ Information And Data-related
G. Unintentional Failure to Disclose Hazard Liability
The following is added to the Representations Damages arising out of:
Condition under Section IV - Commercial 1) Any access to or disclosure of
General Liability Conditions: any person's or organization's
Based on our dependence upon your
confidential or personal
representations as to existing hazards, if information, including patents,trade
unintentionally you should fail to disclose all such secrets, processing methods,
hazards at the inception date of your policy, we customer lists, financial
CG-7301(12-19)Includes copyrighted material of Insurance Services Office,Inc..with its permission. Page 1 of 8
information, credit card information, shall be deemed to occur at the time of the
health information or any other type occurrence that caused it.
of nonpublic information; or For the purposes of this coverage, electronic
2) The loss of, loss of use of, data is not tangible property.
damage to, corruption of, inability L. Employee Benefits Liability Coverage
to access, or inability to
manipulate electronic data that 1. The following is added to Section I -
does not result from physical Coverages:
injury to tangible property. Insuring Agreement
This exclusion applies even if a. We will pay those sums that the insured
damages are claimed for notification becomes legally obligated to pay as
costs, credit monitoring expenses, damages because of any act, error or
forensic expenses, public relations omission, of the insured, or of any other
expenses or any other loss, cost or person for whose acts the insured is
expense incurred by you or others legally liable, to which this coverage
arising out of that which is described applies. We will have the right and duty
in paragraph (1)or (2)above. to defend the insured against any suit
However, unless paragraph (1) seeking those damages. However, we
above applies, this exclusion does will have no duty to defend the insured
not apply to damages because of against any suit seeking damages to
bodily injury. which this coverage does not apply. We
may, at our discretion, investigate any
2. The following paragraph is added to Section report of an act, error or omission and
Ill - Limits of Insurance: settle any claim or suit that may result.
Subject to paragraph 5 above, $10,000 is But:
the most we will pay under Coverage A for 1) The amount we will pay for damages
property damage because of all loss of is limited as described in paragraph 5
electronic data arising out of any one of this coverage; and
occurrence.2) Our right and duty to defend ends
3. The following definition is added to Section when we have used up the applicable
V - Definitions: limit of insurance in the payment of
Electronic data"means information, facts or judgments or settlements.
programs stored as or on, created or used No other obligation or liability to pay
on, or transmitted to or from computer sums or perform acts or services is
software (including systems and application covered unless explicitly provided for
software), hard or floppy disks, CD-ROMS, under Supplementary Payments.
tapes, drives, cells, data processing devices
or any other media which are used with b. This coverage applies to damages only
electronically controlled equipment. if:
4. For the purposes of this coverage, the 1) The act, error or omission, is
definition of "property damage"in Section V negligently committed in the
Definitions is replaced by the following: administration of your employee
benefit program;
Property damage"means:2) The act, error or omission, did not
a. Physical injury to tangible property, take place before the original
including all resulting loss of use of that inception date of this coverage nor
property. All such loss of use shall be after the end of the policy period; and
deemed to occur at the time of the
physical injury that caused it; 3) A claim for damages, because of an
act, error or omission, is first made
b. Loss of use of tangible property that is against any insured, in accordance
not physically injured. All such loss of with paragraph c below, during the
use shall be deemed to occur at the time policy period or an Extended
of the occurrence that caused it; or Reporting Period we provide under
c. Loss of, loss of use of, damage to, paragraph 6 of this coverage.
corruption of, inability to access, or inability c. A claim seeking damages will be deemed
to properly manipulate electronic data, to have been made at the earlier of the
resulting from physical injury to tangible following times:
property. All such loss of electronic data 1) When notice of such claim is
CG-7301(12- 19) Includes copyrighted material of Insurance Services Office, Inc.,with its permission.
Page 2 of 8
received and recorded by any f. Workers' Compensation And Similar
insured or by us, whichever comes Laws
first; or
Any claim arising out of your failure to
2) When we make settlement in comply with the mandatory provisions of
accordance with paragraph a above.any workers' compensation,
A claim received and recorded by the unemployment compensation insurance,
insured within 60 days after the end of social security or disability benefits law
the policy period will be considered to or any similar law.
have been received within the policy g. ERISA
period, if no subsequent policy is Damages for which any insured is liable
available to cover the claim.because of liability imposed on a
d. All claims for damages made by an fiduciary by the Employee Retirement
employee because of any act, error or Income Security Act of 1974, as now or
omission, or a series of related acts, hereafter amended, or by any similar
errors or omissions, including damages federal, state or local laws.
claimed by such employee's dependents h. Available Benefits
and beneficiaries, will be deemed to
have been made at the time the first of Any claim for benefits to the extent that
those claims is made against any such benefits are available, with
insured. reasonable effort and cooperation of the
Exclusions
insured, from the applicable funds
accrued or other collectible insurance.
This coverage does not apply to: i. Taxes, Fines Or Penalties
a. Dishonest, Fraudulent, Criminal Or Taxes, fines or penalties, including those
Malicious Act imposed under the Internal Revenue Code
Damages arising out of any intentional, or any similar state or local law.
dishonest, fraudulent, criminal or malicious j. Employment-Related Practicesact, error or omission, committed by any
insured, including the willful or reckless Damages arising out of wrongful
violation of any statute. termination of employment,
b. Bodily Injury, Property Damage, Or
discrimination,
lorlat is
other
Personal And Advertising Injury
employment-related practices.
Bodily injury, property damage or
2. For the purposes of the coverage provided:
personal and advertising injury. a. All references to Supplementary
Payments - Coverages A and B are
c. Failure To Perform A Contract replaced by Supplementary Payments -
Damages arising out of failure of Coverages A, B and Employee Benefits
performance of contract by any insurer. Liability.
d. Insufficiency Of Funds b. Paragraphs 1 b and 2 of the
Damages arising out of an insufficiency Supplementary Payments provision do
of funds to meet any obligations under not apply.
any plan included in the employee 3. For the purposes of the coverage provided,
benefit program. paragraphs 2 and 3 of Section II -Who Is An
e. Inadequacy Of Performance Of Insured are replaced by the following:
Investment/Advice Given With 2. Each of the following is also an insured:
Respect To Participation a. Each of your employees who is or
Any claim based upon: was authorized to administer your
1) Failure of any investment to perform; employee benefit program.
2) Errors in providing information on b. Any persons, organizations or
past performance of investment employees having proper temporary
vehicles; or authorization to administer your
employee benefit program if you die,
3) Advice given to any person with but only until your legal
respect to that person's decision to representative is appointed.
participate or not to participate in any
plan included in the employee benefit c. Your legal representative if you die,
program_but only with respect to duties as
CG-7301(12-19) Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
Page 3 of 8
such. That representative will have plan included in the employee benefit
all your rights and duties under this program.
coverage. d. Limits of Insurance
3. Any organization you newly acquire or Each Employee Limit: $250, 000
form, other than a partnership, joint
venture or limited liability company, and Aggregate Limit: $250,000
over which you maintain ownership or The Limits of Insurance of this coverage
majority interest, will qualify as a Named apply separately to each consecutive annual
Insured if no other similar insurance period and to any remaining period of less
applies to that organization. However: than 12 months, starting with the be ginning
a. Coverage under this provision is of the policy period shown in the
afforded only until the 90th day after Declarations of the policy to which this
you acquire or form the organization coverage is attached, unless the policy
or the end of the policy period, period is extended after issuance for an
whichever is earlier. additional period of less than 12 months. In
that case, the additional period will be
b. Coverage under this provision does deemed part of the last preceding period for
not apply to any act, error or purposes of determining the Limits Of
omission that was committed before Insurance.
you acquired or formed the
organization.
Deductible
4. For the purposes of the coverage provided, a. Our obligation to pay damages on behalf
Section III Limits Of Insurance is replaced of the insured applies only to the amount
by the following: of damages in excess of the deductible
amount stated in e below as applicable
Limits Of Insurance to Each Employee. The limits of
a. The Limits of Insurance shown in d insurance shall not be reduced by the
below and the rules below fix the most amount of this deductible.
we will pay regardless of the number of: b. The deductible amount stated in e below
1) Insureds; applies to all damages sustained by any
2) Claims made or suits brought;one employee, including such
employee's dependents and
3) Persons or organizations making beneficiaries, because of all acts, errors
claims or bringing suits;or omissions to which this coverage
4) Acts, errors or omissions; or applies.
5) Benefits included in your employee c. The terms of this coverage, including
benefit program. those with respect to:
b. The Aggregate Limit is the most we will 1) Our right and duty to defend any
pay for all damages because of acts, suits seeking those damages; and
errors or omissions negligently 2) Your duties, and the duties of any
committed in the administration of your other involved insured, in the event
employee benefit program. of an act, error or omission, or claim
c. Subject to the Aggregate Limit, the Each apply irrespective of the application of
Employee Limit is the most we will pay the deductible amount.
for all damages sustained by any one
employee, including damages sustained d. We may pay any part or all of the
by such employee's dependents and deductible amount to effect settlement of
beneficiaries, as a result of:any claim or suit and, upon notification of
the action taken, you shall promptly
1) An act, error or omission; or reimburse us for such part of the
2) A series of related acts, errors or deductible amount as we have paid.
omissions e. Deductible
negligently committed in the Each Employee Deductible: $1,000
administration of your employee benefit
program. 5. For the purposes of the coverage provided,
Conditions 2 and 4 of Section IV -
However, the amount paid under this Conditions are replaced by the following:
coverage shall not exceed, and will be
subject to, the limits and restrictions that 2. Duties In The Event Of An Act, Error
apply to the payment of benefits in any
Or Omission, Or Claim Or Suit
CG-7301(12-19) Includes copyrighted material of Insurance Services Office, Inc.,with its permission.
Page 4 of 8
a. You must see to it that we are obligations are not affected unless
notified as soon as practicable of an any of the other insurance is also
act, error or omission which may primary. Then, we will share with all
result in a claim. To the extent that other insurance by the method
possible, notice should include: described in paragraph c below.
1) What the act, error or omission b. Excess Insurance
was and when it occurred; and 1) This coverage is excess over any
2) The names and addresses of of the other insurance, whether
anyone who may suffer damages primary, excess, contingent or on
as a result of the act, error or any other basis that is effective
omission. prior to the beginning of the
b. If a claim is made or suit is brought policy period shown in the
against any insured, you must: Declarations of this insurance and
that applies to an act, error or
1) Immediately record the specifics of omission on other than a
the claim or suit and the date claims-made basis, if the other
received; and insurance has a policy period
2) Notify us as soon as practicable. which continues after the original
c. You and any other involved insured inception date of this coverage.
must: 2) When this coverage is excess,
1) Immediately send us copies of we will have no duty to defend
any demands, notices,the insured against any suit if any
summonses or legal papers
other insurer has a duty to defend
received in connection with the
the insured against that suit. If no
claim or suit; other insurer defends, we will
undertake to do so, but we will be
2) Authorize us to obtain records entitled to the insured's rights
and other information; against all those other insurers.
3) Cooperate with us in the 3) When this coverage is excess
investigation or settlement of the over other insurance, we will pay
claim or defense against the suit:only our share of the amount of
and the loss, if any, that exceeds the
4) Assist us, upon our request, in the sum of the total amount that all
enforcement of any right against such other insurance would pay
any person or organization which for the loss in absence of this
may be liable to the insured coverage; and the total of all
because of an act, error or deductible and self-insured
omission to which this coverage amounts under all that other
may also apply. insurance.
d. No insured will, except at that 4) We will share the remaining loss,
insured's own cost, voluntarily make if any, with any other insurance
a payment, assume any obligation or that is not described in this
incur any expense without our Excess Insurance provision and
consent. was not bought specifically to
e. The requirements to notify us can be apply in excess of the Limits of
satisfied by notifying our agent.Insurance shown in paragraph 5d
of this coverage.
Notice can be by any means of
communication. c. Method Of Sharing
4. Other Insurance If all of the other insurance permits
If other valid and collectible insurance is contribution by equal shares, we will
available to the insured for a loss we
follow this method also. Under this
cover under this coverage, our
approach each insurer contributes
obligations are limited as follows: equal amounts until it has paid its
applicable Limit of Insurance or none
a. Primary Insurance of the loss remains, whichever
This coverage is primary except comes first.
when paragraph b below applies. If If any of the other insurance does not
this coverage is primary, our permit contribution by equal shares,
CG-7301(12-19) Includes copyrighted material of Insurance Services Office, Inc.,with its permission.
Page 5 of 8
we will contribute by limits. Under 4) Other related factors.
this method, each insurer's share is The additional premium will not exceed
based on the ratio of its applicable 100.
Limits of Insurance to the total
applicable Limits of Insurance of all The Extended Reporting Period
insurers. endorsement applicable to this coverage
6. For the purposes of the coverage provided,
shall set forth the terms, not inconsistent
with this Section, applicable to the
the following Extended Reporting Period Extended Reporting Period, including a
provisions are added, or, if this coverage is provision to the effect that the coverage
attached to a claims-made Coverage Part, afforded for claims first received during
replaces any similar Section in that such period is excess over any other
Coverage Part: valid and collectible insurance available
EXTENDED REPORTING PERIOD under policies in force after the Extended
a. You will have the right to purchase an Reporting Period starts.
Extended Reporting Period, as described d. If the Extended Reporting Period is in
below, if:effect, we will provide an extended
1) This coverage is canceled or not reporting period aggregate limit of
renewed; or insurance described below, but only for
claims first received and recorded during
2) We renew or replace this coverage the Extended Reporting Period.
with insurance that:
The extended reporting period aggregate
a) Has an inception date later than limit of insurance will be equal to the
the original inception date of this dollar amount shown in paragraph 5d of
coverage; or this coverage under Limits of Insurance.
b) Does not apply to an act, error or Paragraph 5b of this coverage will be
omission on a claims-made basis. amended accordingly. The Each
b. The Extended Reporting Period does not Employee Limit shown in paragraph 5d
extend the policy period or change the will then continue to apply as set forth in
scope of coverage provided. It applies paragraph 5c.
only to claims for acts, errors or 7. For the purposes of the coverage provided,
omissions that were first committed the following definitions are added to the
before the end of the policy period but Definitions Section:
not before the original inception date of
this coverage. Once in effect, the a. Administration"means:
Extended Reporting Period may not be 1) Providing information to employees,
canceled. including their dependents and
c. An Extended Reporting Period of five beneficiaries, with respect to
years is available, but only by an eligibility for or scope of employee
endorsement and for an extra charge.benefit programs;
You must give us a written request for 2) Handling records in connection with
the endorsement within 60 days after the the employee benefit program;or
end of the policy period. The Extended 3) Effecting, continuing or terminating
Reporting Period will not go into effect any employee's participation in any
unless you pay the additional premium benefit included in the employee
promptly when due. benefit program.
We will determine the additional However, administration does not include
premium in accordance with our rules handling payroll deductions.
and rates. In doing so, we may take into b. "Cafeteria plans"means plans authorized
account the following:by applicable law to allow employees to
1) The employee benefit programs elect to pay for certain benefits with
insured; pre-tax dollars.
2) Previous types and amounts of c. "Claim" means any demand, or suit,
insurance; made by an employee or an employee's
3) Limits of insurance available under
dependents and beneficiaries, for
this coverage for future payment of damages as the result of an act, error or
damages; and omission.
CG-7301(12-19) Includes copyrighted material of Insurance Services Office, Inc.,with its permission.
Page 6 of 8
d. "Employee benefit program" means a the insured submits with our consent.
program providing some or all of the M. Voluntary Property Damage
following benefits to employees, whether
provided through a cafeteria plan or 1. With respect to the insurance provided
otherwise: under this coverage, paragraph 2 Exclusions
of Coverage A - Bodily Injury and Property
1) Group life insurance; group accident Damage Liability under Section I -
or health insurance; dental, vision Coverages is modified as followed:
and hearing plans; and flexible
spending accounts; provided that no a. Exclusion 2j(4) is replaced by the
one other than an employee may following:
subscribe to such benefits and such 4) Personal property of others:
benefits are made generally available a) Held by the insured for servicing,
to those employees who satisfy the repair, storage or sale at
plan's eligibility requirements; premises owned, occupied or
2) Profit sharing plans, employee rented to the insured.
savings plans, employee stock b) Caused by the ownership,
ownership plans, pension plans and maintenance, use, loading or
stock subscription plans, provided unloading of any auto, watercraft
that no one other than an employee or transportation of property by
may subscribe to such benefits and any means.
such benefits are made generally b. Exclusion 2j(5) is deleted_available to all employees who are
eligible under the plan for such 2. The insurance provided by this coverage is
benefits;subject to the following provisions:
3) Unemployment insurance, social a. We will pay for property damage at
security benefits, workers'your request even if you are not legally
compensation and disability benefits; liable, if it is otherwise subject to this
4) Vacation plans, including buy and coverage.
sell programs; leave of absence b. Property damage does not include loss
programs, including military, of use if personal property of others is
maternity, family, and civil leave; not physically injured.
tuition assistance plans; c. Limits
transportation and health club
subsidies; and The most we will pay for an occurrence
under this coverage is$2,500.
5) Any other similar benefits added
thereto by endorsement. The most we will pay for the sum of all
amounts paid under this coverage is an
8. For the purposes of the coverage provided, aggregate of$2,500.
the following Definitions in the Definitions
Section are replaced by the following:
The General Aggregate Limit and Each
Occurrence Limit under Section III -
a. "Employee" means a person actively Limits of Insurance do not apply to the
employed, formerly employed, on leave insurance provided under this
of absence or disabled, or retired. coverage.
Employee includes a leased worker.
Employee does not include a temporary d. Settlement
worker. If you make any repairs to damaged
b. "Suit" means a civil proceeding in which property, at our request, we will pa0 the
damages because of an act, error or larger of your actual cost or 75/o of
omission to which this coverage applies your usual charge for the necessary
are alleged. Suit includes: labor and materials. Any property paid
for or replaced by us may become our
1) An arbitration proceeding in which property at our option. Any payment
such damages are claimed and to made under this coverage shall not be
which the insured must submit or interpreted as an admission of liability
does submit with our consent; or by the insured or the company.
2) Any other alternative dispute e. Deductible
resolution proceeding in which such
damages are claimed and to which Our obligation to pay for a covered loss
applies only to the amount of loss in
CG-7301(12-19) Includes copyrighted material of Insurance Services Office, Inc.,with its permission.
Page 7 of 8
excess of$ 200. 2. The Products-Completed Operations
f. Other Insurance Aggregate Limit is increased to three times
the Each Occurrence Limit.
The insurance provided by this
coverage is excess over any other 3. The Damage To Premises Rented To You
insurance carried by the insured which Limit is increased to$ 250, 000.
applies to a loss covered by this 4. The Medical Expense Limit is increased to
coverage.10,000.
N. Increased Limits of Insurance The Limits of Insurance shown here do not replace
1. The General Aggregate Limit is increased to and are not in addition to the Limits of Insurance
three times the Each Occurrence Limit. shown in the Declarations.
CG-7301(12- 19) Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
Page 8 of 8
POLICY NUMBER: ZP7117
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WC 00 0313(4-84)
We have the right to recover our payments from a written contract that requires you to obtain this
anyone liable for an injury covered by this policy. We agreement from us.
will not enforce our right against the person or This agreement shall not operate directly or indirectly
organization named in the Schedule. This agreement to benefit any one not named in the Schedule.
applies only to the extent that you perform work under
SCHEDULE
We will not enforce our right against any person or organization with whom you have a written contract or
agreement which you are required to waive rights of recovery under this policy. We will not enforce our right
against any other person or organization named in these contracts or agreements which you are also required to
waive rights of recovery. Such a contract or agreement must have been executed prior to the occurrence causing
injury or damage. An entity meeting these requirements does not have to be named in the Schedule for the
waiver to apply.
WC 00 03 13(4-84)Acuity. A Mutual Insurance Company Page 1 of 1
No
CR-2025-0034
ITG
Michael Regan
PM Broadband Implementation
City of Waterloo/Waterloo
Fiber/Eric Lage
Change Request Overview
Description of Change (include location)
Reason for Change
Labor & material pricing came from the original BoM pricing approved by Waterloo Fiber and the City of
Waterloo associated with Contract # 1088Material Submittals/ Specifications
Newly constructed homes on Edison Addition (34 passings) need to be amended into the original engineering
and designs. Waterloo Fiber submitted request to add to the FTTP plan.
The following Change Order has been created to account for construction labor and materials for an updated
design plan in LCP 057 / Task Order 15.
Change Order Request
Clayton Johnston
VP of Construction
Client/Owner
10/31/2025
$59,616.22Change Order Name:
Construction Contractor Name (Attn)
Magellan Project Manager:
Client/Owner (Attn)
Change Order Type
Change Order Cost:
Request Date:
Requested By:
Entrust Sign-Off
Design/Engineering
Will Be Subject To The Withholdings and Release Set Forth In The
Contract Sections 6.2(f)(i) and (ii)Retainage
Location
Work Order #
Labor
Underground - Buried Labor 282 $ 11.95 $ 3,369.90
2,127 $ 11.95 $ 25,417.65
2,409 $ - $ -
382 $ 1.20 $ 458.40
3,028 $ 1.20 $ 3,633.60
19 $ 150.00 $ 2,850.00
1 $ 240.00 $ 240.00
1 $ 540.00 $ 540.00
16 $ 28.00 $ 448.00
16 $ 32.00 $ 512.00
Splicing Labor 18 $ 200.00 $ 3,600.00
42 $ 25.00 $ 1,050.00
34 $ 1.00 $ 34.00
Patch Panels and Cabinets Labor 1 $ 3,700.00 $ 3,700.00
*** $ 45,853.55
Materials
Fiber Material 382 $ 0.33 $ 126.06
2,100 $ 0.49 $ 1,029.00
928 $ 0.57 $ 528.96
Underground Material 2,127 $ 0.38 $ 808.26
282 $ 0.48 $ 135.36
2,409 $ 0.11 $ 264.99
19 $ 339.52 $ 6,450.88
1 $ 699.76 $ 699.76
1 $ 2,270.43 $ 2,270.43
Closure Material 1 $ 282.02 $ 282.02
1 $ 17.31 $ 17.31
1 $ 40.73 $ 40.73
17 $ 65.23 $ 1,108.91
*** $ 13,762.67
*** $ 59,616.22
Install New Splice Case & Prep Cable -->[EA]
Testing, OTDR, Uni-Directional, Power Meter Testing -->[EA]
Splicing, Fusion, Single Fiber -->[EA]
Install Pad mounted FDH Splitter Cabinet + Site prep and Prefab Vault --
>[EA]
Splice Tray for B-Gel Closure (SM12) -->[EA]
CR Labor Subtotal
#12 AWG Solid Thhn Insulated Tracer Wire -->[FT]
12 CT Fiber Cable -->[FT]
12 CT Micro Fiber Cable -->[FT]
Extra Large Vault 33" x 60" (Split Lid) -->[EA]
24 CT Micro Fiber Cable -->[FT]
1” HDPE Roll Conduit, Orange – SDR 11 -->[FT]
Vault, 24" x 36" -->[EA]
1.25” HDPE Roll Conduit, Orange – SDR 11 -->[FT]
FOSC 450 B Closure -->[EA]
Small Vault, 13” x 24” - Composite -->[EA]
Slack Basket for B-Gel Closure -->[EA]
Commscope CSC100 Micro Closure -->[EA]
CR Materials Subtotal
TOTAL CR COST
Amount
Install #12 AWG Insulated Tracer Wire -->[LF]
Installation, Underground Fiber Cable - Including Slack (Micro fiber
must be blown in) -->[LF]
Sawcut, Remove and Replace Asphalt 6" Thick -->[SqrFt]
Sawcut, Remove and Replace Concrete 6" Thick -->[SqrFt]
Installation, Underground Fiber Cable - Including Slack (Regular Loose
Tube Fiber) -->[LF]
Itemized Breakdown of Work
Quantity Unit Price
Directional Bore (0) 1", (0) 2", (1) 1.25" -->[LF]
Description
Directional Bore (1) 1", (0) 2", (0) 1.25" -->[LF]
Installation, Small Vault, 13” x 24” (Composite) -->[EA]
Installation, Vault 24" x 36" -->[EA]
Installation, Extra Large Vault 33" x 60" -->[EA]
Print Name / Title:
Signature:
Date:
Print Name / Title:
Signature:
Date:
Print Name / Title:
Signature:
Date:
**End**
Clayton Johnston VP of Construction
Charles Smith Regional Manager
Approvals
Magellan Sign-Off
Client/Owner (Attn)
Contractor Manager (not needed for design change requests)
11/5/25
11/5/2025
No
CR-2025-0035
ITG
Michael Regan
PM Broadband Implementation
City of Waterloo/Waterloo
Fiber/Eric Lage
Will Be Subject To The Withholdings and Release Set Forth In The
Contract Sections 6.2(f)(i) and (ii)Retainage
Change Order Request
Clayton Johnston
VP of Construction
Client/Owner
10/31/2025
$86,412.80Change Order Name:
Construction Contractor Name (Attn)
Magellan Project Manager:
Client/Owner (Attn)
Change Order Type
Change Order Cost:
Request Date:
Requested By:
Entrust Sign-Off
Design/Engineering
Change Request Overview
Description of Change (include location)
Reason for Change
Labor & material pricing came from the original BoM pricing approved by Waterloo Fiber and the City of
Waterloo associated with Contract # 1088Material Submittals/ Specifications
Newly constructed homes on Waterloo Air & Rail Park - Hyper Drive & Warp Dr (13 passings) need to be
amended into the original engineering and designs. Waterloo Fiber submitted request to add to the FTTP
plan.
The following Change Order has been created to account for construction labor and materials for an updated
design plan in LCP 077 / Task Order 14.
Location
Work Order #
Labor
Underground - Buried Labor 2,614 $ 11.95 $ 31,237.30
2,614 $ - $ -
14,719 $ 1.20 $ 17,662.80
5 $ 150.00 $ 750.00
3 $ 240.00 $ 720.00
18 $ 28.00 $ 504.00
18 $ 32.00 $ 576.00
Splicing Labor 8 $ 200.00 $ 1,600.00
13 $ 25.00 $ 325.00
13 $ 1.00 $ 13.00
*** $ 53,388.10
Materials
Fiber Material 2,216 $ 0.49 $ 1,085.84
12,503 $ 2.06 $ 25,756.18
Underground Material 2,614 $ 0.38 $ 993.32
2,614 $ 0.11 $ 287.54
5 $ 339.52 $ 1,697.60
3 $ 699.76 $ 2,099.28
Closure Material 2 $ 282.02 $ 564.04
2 $ 17.31 $ 34.62
2 $ 40.73 $ 81.46
4 $ 65.23 $ 260.92
2 $ 81.95 $ 163.90
*** $ 33,024.70
*** $ 86,412.80
Installation, Vault 24" x 36" -->[EA]
Splicing, Fusion, Single Fiber -->[EA]
Testing, OTDR, Uni-Directional, Power Meter Testing -->[EA]
Installation, Small Vault, 13” x 24” (Composite) -->[EA]
Itemized Breakdown of Work
Quantity Unit Price
Directional Bore (1) 1", (0) 2", (0) 1.25" -->[LF]
Description
Install #12 AWG Insulated Tracer Wire -->[LF]
Amount
Installation, Underground Fiber Cable - Including Slack (Micro fiber
must be blown in) -->[LF]
CR Materials Subtotal
TOTAL CR COST
144 CT Micro Fiber Cable -->[FT]
Sawcut, Remove and Replace Asphalt 6" Thick -->[SqrFt]
Sawcut, Remove and Replace Concrete 6" Thick -->[SqrFt]
Install New Splice Case & Prep Cable -->[EA]
CR Labor Subtotal
Commscope CSC150 Micro Closure -->[EA]
Vault, 24" x 36" -->[EA]
Slack Basket for B-Gel Closure -->[EA]
1” HDPE Roll Conduit, Orange – SDR 11 -->[FT]
#12 AWG Solid Thhn Insulated Tracer Wire -->[FT]
Splice Tray for B-Gel Closure (SM12) -->[EA]
Small Vault, 13” x 24” - Composite -->[EA]
Commscope CSC100 Micro Closure -->[EA]
FOSC 450 B Closure -->[EA]
12 CT Micro Fiber Cable -->[FT]
Print Name / Title:
Signature:
Date:
Print Name / Title:
Signature:
Date:
Print Name / Title:
Signature:
Date:
**End**
Client/Owner (Attn)
Contractor Manager (not needed for design change requests)
Clayton Johnston VP of Construction
Charles Smith Regional Manager
Approvals
Magellan Sign-Off
11/5/25
11/5/2025
No
CR-2025-0036
ITG
Michael Regan
PM Broadband Implementation
City of Waterloo/Waterloo
Fiber/Eric Lage
Change Request Overview
Description of Change (include location)
Reason for Change
Labor & material pricing came from the original BoM pricing approved by Waterloo Fiber and the City of
Waterloo associated with Contract # 1088Material Submittals/ Specifications
Newly constructed homes on North Crossing (201 passings) need to be amended into the original engineering
and designs. Waterloo Fiber submitted request to add to the FTTP plan.
The following Change Order has been created to account for construction labor and materials for an updated
design plan in LCP 142 / Task Order 11.
Change Order Request
Clayton Johnston
VP of Construction
Client/Owner
10/31/2025
$116,809.75Change Order Name:
Construction Contractor Name (Attn)
Magellan Project Manager:
Client/Owner (Attn)
Change Order Type
Change Order Cost:
Request Date:
Requested By:
Entrust Sign-Off
Design/Engineering
Will Be Subject To The Withholdings and Release Set Forth In The
Contract Sections 6.2(f)(i) and (ii)Retainage
Location
Work Order #
Labor
Underground - Buried Labor 5,009 $ 11.95 $ 59,857.55
331 $ 13.75 $ 4,551.25
5,340 $ - $ -
6,540 $ 1.20 $ 7,848.00
11 $ 150.00 $ 1,650.00
3 $ 240.00 $ 720.00
1 $ 540.00 $ 540.00
36 $ 28.00 $ 1,008.00
36 $ 32.00 $ 1,152.00
Splicing Labor 16 $ 200.00 $ 3,200.00
201 $ 25.00 $ 5,025.00
201 $ 1.00 $ 201.00
Patch Panels and Cabinets Labor 1 $ 3,700.00 $ 3,700.00
*** $ 89,452.80
Materials
Fiber Material 431 $ 0.33 $ 142.23
2,629 $ 0.49 $ 1,288.21
3,480 $ 2.15 $ 7,482.00
Underground Material 5,340 $ 0.38 $ 2,029.20
5,340 $ 0.11 $ 587.40
11 $ 339.52 $ 3,734.72
3 $ 699.76 $ 2,099.28
1 $ 2,270.43 $ 2,270.43
Closure Material 4 $ 282.02 $ 1,128.08
4 $ 17.31 $ 69.24
4 $ 40.73 $ 162.92
6 $ 65.23 $ 391.38
6 $ 81.95 $ 491.70
Patch Panels and Cabinets Material 1 $ 5,480.16 $ 5,480.16
*** $ 27,356.95
*** $ 116,809.75
Directional Bore (2) 1", (0) 2", (0) 1.25" -->[LF]
Installation, Extra Large Vault 33" x 60" -->[EA]
288 CT Micro Fiber Cable -->[FT]
Sawcut, Remove and Replace Asphalt 6" Thick -->[SqrFt]
Sawcut, Remove and Replace Concrete 6" Thick -->[SqrFt]
Install New Splice Case & Prep Cable -->[EA]
CR Labor Subtotal
288F Pad mounted FDH Splitter Cabinet -->[EA]
Commscope CSC150 Micro Closure -->[EA]
Vault, 24" x 36" -->[EA]
Slack Basket for B-Gel Closure -->[EA]
Extra Large Vault 33" x 60" (Split Lid) -->[EA]
1” HDPE Roll Conduit, Orange – SDR 11 -->[FT]
#12 AWG Solid Thhn Insulated Tracer Wire -->[FT]
Splice Tray for B-Gel Closure (SM12) -->[EA]
Small Vault, 13” x 24” - Composite -->[EA]
Commscope CSC100 Micro Closure -->[EA]
FOSC 450 B Closure -->[EA]
CR Materials Subtotal
TOTAL CR COST
Amount
Installation, Underground Fiber Cable - Including Slack (Micro fiber
must be blown in) -->[LF]
12 CT Fiber Cable -->[FT]
Install Pad mounted FDH Splitter Cabinet + Site prep and Prefab Vault --
>[EA]
12 CT Micro Fiber Cable -->[FT]
Installation, Small Vault, 13” x 24” (Composite) -->[EA]
Itemized Breakdown of Work
Quantity Unit Price
Directional Bore (1) 1", (0) 2", (0) 1.25" -->[LF]
Description
Install #12 AWG Insulated Tracer Wire -->[LF]
Installation, Vault 24" x 36" -->[EA]
Splicing, Fusion, Single Fiber -->[EA]
Testing, OTDR, Uni-Directional, Power Meter Testing -->[EA]
Print Name / Title:
Signature:
Date:
Print Name / Title:
Signature:
Date:
Print Name / Title:
Signature:
Date:
**End**
Clayton Johnston VP of Construction
Charles Smith Regional Manager
Approvals
Magellan Sign-Off
Client/Owner (Attn)
Contractor Manager (not needed for design change requests)
11/5/25
11/5/2025
No
CR-2025-0037
ITG
Michael Regan
PM Broadband Implementation
City of Waterloo/Waterloo
Fiber/Eric Lage
Will Be Subject To The Withholdings and Release Set Forth In The
Contract Sections 6.2(f)(i) and (ii)Retainage
Change Order Request
Clayton Johnston
VP of Construction
Client/Owner
10/31/2025
$28,379.01Change Order Name:
Construction Contractor Name (Attn)
Magellan Project Manager:
Client/Owner (Attn)
Change Order Type
Change Order Cost:
Request Date:
Requested By:
Entrust Sign-Off
Design/Engineering
Change Request Overview
Description of Change (include location)
Reason for Change
Material & Labor pricing has been provided by ITG Communication. Material Submittals/ Specifications
Due to concerns with a flood zone near the Fletcher Lift Station, potentially damaging the shelter and/or the
equipment inside, the Utility requested a new location at 512 University Ave. This new location was amended
into the original engineering and designs.
The following Change Order has been created to account for construction labor and material with the new
shelter location on 512 University Ave.
Location
Work Order #
Labor
Underground - Buried Labor 15 $ 20.25 $ 303.75
Underground - Buried Labor 4 $ 40.00 $ 160.00
Underground - Buried Labor 1 $ 300.00 $ 300.00
Underground - Buried Labor 1 $ 52.00 $ 52.00
Underground - Buried Labor 1 $ 540.00 $ 540.00
Patch Panel and Cabinet Labor 4 $ 115.00 $ 460.00
Patch Panel and Cabinet Labor 1 $ 400.00 $ 400.00
*** $ 2,215.75
Materials
Underground Material 1 $ 16.24 $ 16.24
Underground Material 1 $ 2,270.43 $ 2,270.43
Underground Material 60 $ 1.46 $ 87.60
Underground Material 4 $ 6.54 $ 26.16
Underground Material 4 $ 6.37 $ 25.48
Underground Material 40 $ 2.23 $ 89.20
Underground Material 4 $ 82.25 $ 329.00
Patch Panels & Cabinets Material 1 $ 23,319.15 $ 23,319.15
$ -
$ -
$ -
$ -
$ -
$ -
*** $ 26,163.26
*** $ 28,379.01
CR Labor Subtotal
2" SCH-40 45 degree Elbow
Description
5/8"x8' Copper Clad Ground Rod -->[EA]
Install rack mounted patch panel (Any Size) and tails -->[EA]
Install 7ft Rack for patch panels -->[EA]
Itemized Breakdown of Work
Installation, Extra Large Vault 33" x 60" -->[EA]
Quantity Unit Price
Trench (4) 2" SCH-40 Conduit
Install 2" SCH-80 Conduit vertical and attach to building
Install Hammond aluminum box on POP (Includes cutting back of box
and SCH-40 couplers)
Amount
Install 5/8"x8' Copper Clad Ground Rod -->[EA]
CR Materials Subtotal
TOTAL CR COST
2" Expansion Coupler
Extra Large Vault 33" x 60" (Split Lid) -->[EA]
2" SCH-40 90 degree Sweep
2" SCH-40 (10' sticks cost per foot)
2" SCH 80 PVC
Clearfield FieldSmart Fiber Crossover Distribution System (FxDS)
Frame w/door kit, 288 Panels (4), 12-port cassettes (96), 7' x 23"
Frame, Iso pad, Mount kit,cable trays and troughs
Print Name / Title:
Signature:
Date:
Print Name / Title:
Signature:
Date:
Print Name / Title:
Signature:
Date:
**End**
Client/Owner (Attn)
Contractor Manager (not needed for design change requests)
Clayton Johnston VP of Construction
Charles Smith Regional Manager
Approvals
Magellan Sign-Off
11/5/25
11/5/2025