HomeMy WebLinkAboutPROJECT PLAN AECOM
F.Y. 2020 Virden Creek Levee Improvements
City of Waterloo, Iowa
City Contract No. 947
AECOM#60221561
Prepared For.
City of Waterloo
715 Mulberry Street
Waterloo, Iowa 50703
Prepared By:
AECOM
501 Sycamore Street, Suite 222
P.O. Box 1497
Waterloo, Iowa 50704-1497
November 2019
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F.Y. 2020 VIRDEN CREEK LEVEE IMPROVEMENTS
-- CITY OF WATERLOO, IOWA
City Contract No. 947
Prepared For:
City of Waterloo, Iowa
Prepared By:
AECOM
November 2019
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F.Y. 2020 VIRDEN CREEK LEVEE IMPROVEMENTS
CITY OF WATERLOO, IOWA
CONTRACT NO. 947
CONTRACT DOCUMENTS
TABLE OF CONTENTS
Page
1. NOTICE TO BIDDERS NB1-4
2. NOTICE OF PUBLIC HEARING NPH-1-2
3. INSTRUCTIONS TO BIDDERS IB-1-10
4. FORM OF BID OR PROPOSAL FB-1-4
5. SALES TAX EXEMPTION INFORMATION FORM STE-1
6. FORM OF BID BOND BB-1
7. NON-COLLUSION AFFIDAVITS NCA-1-2
8. EQUAL OPPORTUNITY CLAUSE EOC-1-2
9. TITLE VI CIVIL RIGHTS TVI-1
10. BIDDER'S STATUS FORM BSF-1-2
11. AFFIRMATIVE ACTION PROGRAM 1-8
10. POTENTIAL ITEMS OF WORK FOR MBE/WBE PARTICIPATION M-1
SUBCONTRACTOR'S BID REQUEST FORM M-2
LETTER FORM FOR SUBCONTRACTOR QUOTES M-3
MBE/WBE SCOPE LETTER M-4
MBE AND/OR WBE PREBID CONTACT INFORMATION FORM M-5-6
11. WATERLOO/CEDAR FALLS MINORITY AND WOMEN BUSINESSES
ENTERPRISE CONSTRUCTION AND MAINTENANCE
CONTRACTOR'S GUIDE 1-4
12. STATEMENT OF BIDDER'S QUALIFICATIONS SBQ-1-2
13. GENERAL SPECIAL PROVISIONS GSP-1-4
14. SPECIAL PROVISIONS SP-1-2
The 2019 edition of the "URBAN STANDARD SPECIFICATIONS FOR PUBLIC
IMPROVEMENTS MANUAL" (SUDAS) shall apply to the construction of this project.
The Standard Specifications are amended by the project specifications.
TECHNICALS:
100 DEMOLITION AND SITE CLEARANCE 100-1 - 9
TABLE OF CONTENTS TOC-1 of 2 F.Y.2020 Virden Cree4 Levee Improvemetns
AECOM#60221561 City Contract No.947 Waterloo,Iowa
15. GENERAL SPECIFICATIONS FOR CONSTRUCTION GSC-1-13
16. SUPPLEMENTAL GENERAL SPECIFICATIONS FOR CONSTRUCTION SGS-1
17. FORM OF CONTRACT C-1-4
18. FORM OF PERFORMANCE BOND PFB-1-2
19. FORM OF PAYMENT BOND PB-1-2
APPENDIX
1. CHANGE ORDER FORM
TABLE OF CONTENTS TOC-2 of 2 F.Y.2020 Virden Creek Levee Improvemetns
AECOM#60221561 City Contract No.947 Waterloo,Iowa
NOTICE TO BIDDERS
For the Taking of Construction Bids for the
F.Y. 2020 VIRDEN CREEK LEVEE IMPROVEMENTS
In the City of Waterloo, Iowa
CONTRACT NO. 947
RECEIVING OF BIDS
Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City
Hall of the said City on the 12th day of December, 2019, until 1:00 p.m. for the construction of the
F.Y. 2020 VIRDEN CREEK LEVEE IMPROVEMENTS, City Contract No. 947, as described in detail in
the plans and specifications now on file in the Office of the City Clerk.
OPENING OF BIDS
All proposals received will be opened in the First Floor Conference Room at City Hall, in the City of
Waterloo, Iowa, on the 12th day of December, 2019, at 1:00 p.m., and the proposals wi I be acted upon
at such later time and place as may then be fixed by the City Council.
PUBLIC HEARING
The Council of said City will conduct a public hearing on the proposed plans, specifications, form of
contract, and estimate of cost for the construction of the above-described improvement project at 5:30
p.m. on December 16, 2019, said hearing to be held in the Harold E. Getty Council Clambers in City
Hall in said City.
SCOPE OF WORK
The project consists of the construction of the F.Y. 2020 Virden Creek Levee Improvements. The
project includes modifications to approximately 700 linear feet of existing concrete retaining walls,
construction of approximately 4,100 linear feet of new concrete walls, installation of four (4) temporary
closure structures, installation of approximately 7,500 square yards of concrete channel lining, demolition
of an existing building, site restoration and miscellaneous associated work.
BEGINNING AND COMPLETION DATES
The work under the proposed contract shall be commenced within ten (10) working days after receipt of
"Notice to Proceed" with final completion on or before November 20, 2020.
METHOD OF PAYMENT TO CONTRACTOR
The Contractor will be paid against monthly estimates in cash on the basis of ninety-five percent (95%) of
the work as it is completed and materials delivered and work approved. Final payment will be made
thirty-one (31) days after completion of the work and acceptance by the Council. Before final payment is
made, vouchers showing that all subcontractors and workmen and all persons furnishing materials have
been fully paid for such materials and labor will be required unless the City is satisfied that material, men
and laborers have been paid.
The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay
estimates, according to Chapter 384.57 of the Code of Iowa, payment may be made by anticipatory
warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A, Code of Iowa.
NOTICE TO BIDDERS NTB-1 of 4 F.Y.2020 Virden Creel Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo,Iowa
PLANS AND SPECIFICATIONS —
Complete digital Plans and Specifications are available at www.questcdn.com. You may download the
digital documents free of charge from Questcdn by inputting Questcdn Project#6573409 on the website's
Project Search page. Please contact Questcdn.com at 952-233-1632 or info@questcdn.com for
assistance in free membership registration, downloading and working with this digital project information.
Optional paper copies of the Plans and Specifications are available from AECOM, 501 Sycamore Street, —
Suite 222, Waterloo, Iowa, upon receipt of a $100.00 deposit (CHECK ONLY). Deposits are fully
refundable if the plans and specifications are returned in usable condition (i.e., generally free of
highlights, ink markings, tears, stickers, water stains and soiling) to the Waterloo AECOM office listed
above by the end of the 14th consecutive day after the project has been awarded. No deposits will be
refunded for any requests or plans received after the 14th consecutive day, which includes plans returned
via mail service. Plan holders are responsible for ascertaining when the project has been awarded. If the
plan holder is the prime contractor, or a subcontractor or supplier of the prime contractor that has been —
awarded the project, Plans and Specifications do not need to be returned to receive the deposit. The
prime contractor must submit a list of his subcontractors and suppliers for the City and consulting
engineer to verify eligibility for the refundable deposit. —
Please DO NOT obtain Bid Documents from any source other than Questcdn.com or through the AECOM
Waterloo office as listed above. Obtaining documents through any other source could prevent Bidder
from being included on the official AECOM 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.
CONTRACT AWARD —
A contract will be awarded to the qualified bidder submitting the lowest bid.
The City reserves the right to reject any or all bids, re-advertise for new bids, and to waive informalities in —
the bids submitted that might be in the best interest of the City.
Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty (30) days from the day of
the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders,
prior to awarding the contract.
By virtue of statutory authority, a preference will be given to products and provisions grown and coal —
produced within the State of Iowa and preference will be given to local domestic labor in the construction
of the improvement.
PROPOSALS SUBMITTED
The bidder shall submit bids on the items listed in the proposal. The bidder shall clearly write or type the
unit bid price and the bid item extension (Unit Price x Estimated Qty) in numerals on the blanks provided. —
Should there be any discrepancy between the unit bid price and extension, the City of Waterloo shall
consider the unit bid price as being the valid unit bid price.
The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of the Form
of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid
Price, Total Bid Price and Total Bid. The computer-generated spreadsheet shall include all of the
information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime
Contractor submitting the bid. For the bidders who submit a computer-generated spreadsheet, the
NOTICE TO BIDDERS NTB-2 of 4 F.Y.2020 Virden Creek Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo,Iowa
TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of
Bid or Proposal.
BID SECURITY REQUIRED
All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa
bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit
union in Iowa or chartered under the laws of the United States, or bid bond, (on the form furnished by the
City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid
submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder
will enter into a Contract for the construction of the work and will furnish the required bonds, and in case
the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his bid
security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be
signed by both the Bidder and the surety or surety's agent. Signature of surety's agent must be supported
by accompanying Power of Attorney.
PERFORMANCE AND PAYMENT BONDS
The successful bidder will be required to furnish a "Performance Bond" and a "Payment Bond" within ten
. _ (10) days after forms are presented to him in an amount equal to one hundred percent (100%) of the
contract price, said bond to be issued by a responsible surety approved by the City Council and shall
guarantee the faithful performance 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.
MAINTENANCE BOND
Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall
execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same
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 for a
period of one (1) year after the date of City Council approval 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 five hundred dollars ($500.00)
per day, for each day, as further described herein, in excess of the authorized time.
NOTICE TO BIDDERS NTB-3 of 4 F.Y.2020 Virden Creek Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo,Iowa
Days beyond the specified completion date for which Liquidated Damages will be charged will be working —
days that the contractor does, or could have worked, from Monday through Saturday. Sundays will be
counted only if work is performed. Partial working days will be considered as a full working day. Days not
chargeable for Liquidated Damages will include rain days, Sunday if no work is done, and legal holidays. —
Working days will cease to be charged when only punch list items remain to be completed. Punch list
items do not include contract bid items or approved change/extra work orders.
When the Contractor believes the project to be substantially completed, a written notice stating the same
shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract
extends beyond the normal construction season for such work the Contractor shall submit to the Engineer
in writing a request that working days counted toward the project be suspended until work is resumed the
following construction season.
This amount is not construed as a penalty. These damages are for the cost to the City of providing the —
required additional inspection, engineering and contract administration.
PRE-CONSTRUCTION CONFERENCE
Before the work is commenced on this contract, a conference shall be held for the purpose of discussing
the contract. The conference shall be attended by the prime contractor, subcontractors and City Officials.
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
Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to
purchase building materials or supplies in the performance of construction contracts let by the City of
Waterloo.
Posted pursuant to the provisions of Chapter 26 of the City Code of Iowa.
CITY OF WATERLOO, IOWA
NOTICE TO BIDDERS NTB-4 of 4 F.Y.2020 Virden Creek Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo,Iowa
NOTICE OF PUBLIC HEARING
On Proposed Plans, Specifications, Form of Contract,
And Estimate of Cost
For the
F.Y. 2020 VIRDEN CREEK LEVEE IMPROVEMENTS
In the City of Waterloo, Iowa
CONTRACT NO. 947
RECEIVING OF BIDS
Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City
Hall of the said City on the 12th day of December, 2019, until 1:00 p.m. for the reconstruction of
F.Y. 2020 VIRDEN CREEK LEVEE IMPROVEMENTS, City Contract No. 947, as described in detail in
the plans and specifications now on file in the Office of the City Clerk.
OPENING OF BIDS
All proposals received will be opened in the First Floor Conference Room at City Hall, in the City of
Waterloo, Iowa, on the 12th day of December, 2019, at 1:00 p.m., and the proposals will be acted upon
at such later time and place as may then be fixed by the City Council.
PUBLIC HEARING
Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans,
specifications, form of contract, and estimate of cost for the construction of the above-described
improvement project at 5:30 p.m. on the 16th day of December, 2019, said hearing to be held in the
Harold E. Getty Council Chambers in City Hall in said City. The proposed plans, specifications, form of
contract, and estimate of cost for said improvements heretofore prepared by AECOM for the City of
Waterloo are now on file in the office of the City Clerk for public examination, and any person interested
therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear
and make objection thereto with the City Clerk before the date set for said hearing, or appear and make
objection thereto at the meeting above set forth. The NOTICE TO BIDDERS can be viewed at the
following locations:
1) City of Waterloo web site at http://ci.waterloo.ia.us/
2) Plan rooms:
Master Builders of Iowa
221 Park Street, PO Box 695
Des Moines, IA 50303
McGraw Hill Construction Dodge
3315 Central Ave.
Hot Springs, AR 71913
Reed Construction Data
30 Technology Parkway South, Ste. 500
Norcross, GA 30092
3) Plan Room Web sites:
Master Builders of Iowa web site at www.mbionline.com
Dodge Lead web site: http://dodgeprojects.construction.com/
Reed Const. Data Lead web site: http:t/www.cmdgroup.comtproject-leads/
NOTICE OF HEARING NPH-1 of 2 F.Y.2020 Virden Creel Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo,Iowa
SCOPE OF WORK
The Project consists of the construction of the F.Y. 2020 Virden Creek Levee Improvements. The project
includes modifications to approximately 700 linear feet of existing concrete retaining walls, construction of
approximately 4,100 linear feet of new concrete walls, installation of four(4) temporary closure structures,
installation of approximately 7,500 square yards of concrete channel lining, demolition of an existing —
building, site restoration and miscellaneous associated work.
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 , 2019.
CITY OF WATERLOO, IOWA
BY:
Kelley Felchle
City Clerk
NOTICE OF HEARING NPH-2 of 2 F.Y.2020 Virden Creek Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo,Iowa
INSTRUCTIONS TO BIDDERS
1. EXPLANATIONS TO BIDDERS
Any explanation desired by a bidder regarding the meaning or interpretation of the Notice to •
Bidders, Plans, Specifications, etc., must be requested in writing and with sufficient time allowed
for a reply to reach bidders before submission of their bids. Any interpretation made will be in the
form of an amendment of the Notice to Bidders, Plans, Specifications, etc., and will be furnished
to all prospective bidders. Its receipt by the bidder must be acknowledged in the space provided
on the Proposal Form or by letter or telegram received before the time set for opening of bids.
Oral explanations or instructions given before the award of the contract will not be binding.
2. EXAMINATION OF PROPOSED WORK
Bidders should visit the site and take such other steps as may be reasonably necessary to
ascertain the nature and location of the work, and the general and local conditions which can
affect the work or the cost thereof. Failure to do so will not relieve bidders from responsibility for
estimating properly the difficulty or cost of successfully performing the work. The owner will
-� assume no responsibility for any understanding or representation concerning conditions made by
any of its officers or agents prior to the execution of the contract, unless included in the Notice to
Bidders, the Specifications or related documents.
3. PREPARATION OF BIDS
a. Bids shall be submitted on the forms furnished, or copies thereof, and must be manually
signed. If erasures or other changes appear on the forms, each erasure or change must
be initialed by the person signing the bid.
The bidder has the option to submit a computer-generated spreadsheet in lieu of the
portion of the Form of Bid or Proposal, which includes the Bid Item Number, 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.
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. Modifications of bids already submitted will be considered if received at the office
designated in the Notice to Bidders by the time set for closing of bids. Telegraphic
modifications will be considered, but should not reveal the amount of the original or
revised bid.
e. In preparing his bid, the bidder shall specify the price, written legibly in ink or with the
typewriter, at which he proposes to do each item of work. The unit price shall be stated
in figures in the blank space provided (i.e., $7.14). In items where unit price is required,
INSTRUCTIONS TO BIDDERS IB-1 of 10 F.Y.2020 Virden Creek Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo,Iowa
the total amount of each item shall be computed at the unit prices bid for the quantities
given on the Bid Form and stated in figures in the blank space provided.
If the bidder chooses to submit the unit prices, total bid price, and total bid on a
computer-generated spreadsheet, all numbers shall be easily legible.
f. Any changes or alterations made in the Bid Form, or any addition thereto, may cause the
rejection of the bid. No bid will be considered which contains a clause in which the —
contractor reserves the right to accept or reject a contract awarded him by the city
Council of Waterloo. Bids in which the unit prices are obviously unbalanced may be
rejected.
g. If the bidder does not qualify as a resident bidder, the nonresident bidder shall specify on
the project proposal whether any preference to resident bidders, including but not limited
to any preference to bidders, the imposition of any type of labor force preference, or any —
other form of preferential treatment to bidders or laborers from that state or foreign
country is in effect in the nonresident bidder's state or country of domicile at the time of a
bid submittal.
4. SUBMISSION OF BIDS
a. A bid must be sealed in a separate envelope and marked to indicate its contents and be —
accompanied by the bid security in a separate envelope. If forwarded by mail, the two
envelopes shall be placed in a third and mailed to the City Clerk/Auditor. All bids must be
filed with the City Clerk/Auditor of the City of Waterloo at their office in the City Hall
before the time specified for closing bids. —
b. Bids received prior to the advertised hour of opening will be securely kept sealed. The
officer whose duty it is to open them will decide when the specified time has arrived, and
no bid received thereafter will be considered; except that when a bid arrives by mail after
the time fixed for opening, but before the reading of all other bids is completed, and it is
shown to the satisfaction of the City of Waterloo, Iowa, that the non-arrival on time was
due solely to delay in the mails for which the bidder was not responsible, such bid will be —
received and considered.
c. Bidders are cautioned that, while telegraphic modifications of bids may be received as _
provided above, such modifications, if not explicit and if in any sense subject to
misinterpretation, shall made the bid so modified or amended, subject to rejection.
5. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS -'
Bids and modifications or withdrawals thereof received at the office designated in the Notice to
Bidders after the exact time set for closing of bids will not be considered. However, a
modification which is received from an otherwise successful bidder, and which makes the terms
of the bid more favorable to the City of Waterloo, will be considered at any time it is received and
may therefore be accepted. Bids may be withdrawn by written or telegraphic request received
from bidders prior to the time set for closing of bids.
6. PUBLIC OPENING OF BIDS
Bids will be publicly opened at that time and place set for opening in the Notice to Bidders. Their
content will be made public for the information of bidders and others interested who may be
present either in person or by representative.
INSTRUCTIONS TO BIDDERS IB-2 of 10 F.Y.2020 Virden Creek Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo,Iowa
7. BID SECURITY REQUIRED
All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on
an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft
drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond (on
the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than
five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will
be held as security that the Bidder will enter into a Contract for the construction of the work and
will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into
the Contract and furnish the required bond, his bid security may be retained by said City as
agreed upon liquidated damages. If bid bond is used, it must be signed by both the bidder and
the surety or surety's agent. Signature of surety's agent must be supported by accompanying
_ Power of Attorney.
8. COLLUSIVE AGREEMENTS
—" a. Each bidder submitting a bid shall execute and include with the bid, a Non-Collusion
Affidavit in the form herein provided, to the effect that they have 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 the City.
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 bona fide contractor or subcontractor
from bidding on City contracts, but it will hopefully serve as a needed stimulus to help
local MBE/WBE's grow and eventually become mainstream contractors and
subcontractors.
This Contract Compliance Program does not propose to include any set-aside or quotas,
but only flexible goals where "good-faith efforts" are required by the contractor to use
MBE/WBE subcontractors.
INSTRUCTIONS TO BIDDERS IB-3 of 10 F Y.2020 Virden Creek Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo,Iowa
This Program shall not eliminate the need for contractors to continue their "good-faith
efforts" in using MBE/WBE subcontractors on City contracts estimated at less than
$50,000.
The City of Waterloo will make every effort to reduce in-house construction and
maintenance work that would be more cost effectively performed by the private sector
and, thus, would allow additional bidding opportunities for MBE/WBE firms.
The City Contract Compliance Officer shall be advised of all City of Waterloo awarded
construction contracts.
DEFINITIONS
Goals:
A flexible numerically expressed objective which contractors are required to make "good-
faith efforts." The key to the requirement is to make documented efforts. Goals are
neither set-a-sides nor a device to achieve proportional representation or equal results.
Numerical goals do not create set-a-sides for specific groups, nor are they designed to
achieve proportional representation or equal results. Rather, the goal-setting process in —"
affirmative action planning is used to target and measure the effectiveness of affirmative
action efforts to eradicate and prevent discrimination.
Quota:
A flat numerical requirement that the contractor is required to meet in order to obtain the
benefit or be in compliance. The numerical goal component of affirmative action
programs is not designed to be, nor may it properly or lawfully be interpreted as,
permitting unlawful preferential treatment and quotas with respect to persons of any race,
color, religion, sex, or national origin. The regulations at 41 CFR 60-2.12(a), 60-2.15 and
60-2.30, specifically prohibit discrimination and the use of goals as quotas. (U.S.
Department of Labor)
Set-Aside:
An arrangement in which a particular contract is reserved for competition solely among '—
minority and women business enterprises.
Contractor. —
As used in this document means contractor, subcontractor, supplier, vendor, and
professional service provider.
Minority Business Enterprise (MBE)Any business, which is at least 51%, owned by one or more minorities and whose
management and daily business operations are controlled by one or more such
individuals and is on the current State Unified Certification List, or were listed on the
current 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
current City of Waterloo Certified MBE/WBE Contractors list. _
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).
INSTRUCTIONS TO BIDDERS IB-4 of 10 F.Y.2020 Virden Creek Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo,Iowa
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 withoat maintaining a
warehouse or other similar inventory storage facility.
Mayor's Advisory Committee:
Mayor's Advisory Committee for Minority, Female, and Disadvantaged Business
Enterprise.
Good Faith Efforts:
The successful bidder shall be selected on the basis of having subm[tted 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.
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
INSTRUCTIONS TO BIDDERS IB-5 of 10 F.Y.2020 Virden Creek Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo,Iowa
* Evidence of negotiating with MBE/WBE firms
* MBE/WBE quotes obtained and non-MBE/WBE quotes used
* Reasons agreements were not reached
* Follow-up after initial solicitations —
* Efforts to assist in obtaining equipment, supplies and materials (at competitive
prices), bonding, lines of credit, insurance, etc.
* Evidence of past compliance or non-compliance by same contractor
The Contract Compliance Officer will determine the weight to be given to each item listed
above (supported by appropriate documentation) based on overall program goals.
RESPONSIBILITIES —
1. City of Waterloo
A. The City Contract Compliance Officer has the responsibility to assure the City's
compliance with Federal, State and Municipal regulations.
B. The City Contract Compliance Officer is responsible for maintaining a current
directory of certified firms. Certification of MBE/WBE/DBE contractors is through the Iowa Department of Transportation and its Unified Certification Program.
Only firms certified based on guidelines prescribed in 49 CFR Part 26 and
provisions of this agreement, shall be recognized as certified by the City of
Waterloo.
C. The City Contract Compliance Officer is responsible for making available a list of
future project information notices to MBE/WBE firms.
D. The City Contract Compliance Officer shall send notices to appropriate
MBE/WBE firms in the directory of each bid solicitation with opening date.
E. The City Contract Compliance Officer will receive MBE/WBE Letter(s) of Intent to
Bid and within two (2) business days forward the complete list of MBE/WBE
bidders who submitted a Letter of Intent to Bid to prime contractors.
ll. 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 the MBE/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, but all such contacts shall be confirmed by Certified Mail, or
subcontract bid request forms (Form CCO-2).
INSTRUCTIONS TO BIDDERS IB-6 of 10 F.Y.2020 Virden Creek Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo,Iowa
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 for a 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.
lll. 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
current City of Waterloo Certified MBE/WBE Contractors list.
B. MBE/WBE firms must perform the work on the project; they cannot act as a
broker by subcontracting the work out to others.
C. Each MBE/WBE firm planning to submit quotes on construction projects with
goals, shall submit a Letter of Intent to Bid (Form CCO-5) to the City Contract
Compliance Officer seven (7) working days prior to bid opening, listing specific
items which the MBE/WBE firm is interested in bidding. 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 of the Contract Compliance Program in the areas of employment
and subcontracting.
B. A bidder's failure to show good-faith efforts to meet project goals or a failure to
use certified MBE/WBE firms may be grounds for finding its bid not responsible.
C. The Contract Compliance Officer shall submit to City Council his/her
recommendation on any non-compliant contract in writing.
NOTICE TO PROCEED
_ Notice to proceed on any project with goals will not be issued until City Contract
Compliance Officer determines the lowest responsible bidder has used good-faith efforts
to comply with this Compliance Program and the bid was responsive.
— CONCLUSION
This program repeals or revises all sections of previous Waterloo Contract Compliance
Programs.
INSTRUCTIONS TO BIDDERS IB-7 of 10 F.Y.2020 Virden Creek Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo,Iowa
11. EMPLOYMENT AND BUSINESS OPPORTUNITY
To the greatest extent feasible, suppliers, subcontractors, and low income workers owning
businesses or living in the Waterloo area must be given priority in supplying materials, bidding for
subcontract work, or applying for employment by the contractor on this project. Opportunities for
training and for employment arising.in connection with this project shall, to the greatest extent
feasible, be made available to lower income persons residing in the project area. The contract
area is the City of Waterloo. --
The City of Waterloo will require the contractor to document his efforts in securing lower income
workers living in the project area and in purchasing supplies from, and awarding subcontracts to,
businesses owned by persons residing in the project area.
12. STATEMENT OF BIDDER'S QUALIFICATIONS
Each bidder shall, upon request of the City of Waterloo, Iowa, submit on the form furnished for
that purpose (a copy of which is included in the contract documents), a statement of bidder's
qualifications, his experience record in constructing the type of improvements embraced, and his
organization and equipment available for the work contemplated; and, when specifically
requested, a detailed financial statement. The City of Waterloo, Iowa, shall have the right to take
such steps as it deems necessary to determine the ability of the bidder to perform his obligations
under the contract, and the bidder shall furnish the City of Waterloo, Iowa, all such information _.
and data for this purpose as it may request. The right is reserved to reject any bid where an
investigation of the available evidence or information does not satisfy the City of Waterloo, Iowa,
that the bidder is qualified to carry out properly the terms of the contract.
13. AWARD OF CONTRACT
a. Award of contract will be made to that responsive and responsible bidder whose bid,
conforming to the Specifications, is most advantageous to the City of Waterloo; price and
other factors considered. The intention is to award the contract at the time of opening
bids, but the right is reserved to postpone such action for a reasonable time, not
exceeding thirty (30) days.
b. The City Council may, when in its interest, reject any or all bids or waive any informality in
bids received.
c. The bidder shall submit bids on all the items listed in the proposal and shall state the unit
bid price in words in the blank spaces provided beneath the item description. Should
there be any discrepancy between the unit bid price in words and listed numeral unit bid "-
price, the City of Waterloo shall consider the unit bid price in words as being the valid unit
bid price. A computer-generated spreadsheet as herein provided shall also be
acceptable. Proposals requiring mathematical computations to determine unit prices or _
totals will be rejected. A contract will be awarded to the qualified bidder submitting the
lowest total bid as indicated in the NOTICE TO BIDDERS.
d. When a contract for a public improvement is to be awarded to the lowest responsive and
responsible bidder, a resident bidder shall be allowed a preference as against a
nonresident bidder from a state or foreign country if that state or foreign country gives or
requires any preference to bidders from that state or foreign country, including but not
limited to any preference to bidders, the imposition of any type of labor force preference,
or any other form of preferential treatment to bidders or laborers from that state or foreign
country. The preference allowed shall be equal to the preference given or required by
the state or foreign country in which the nonresident bidder is a resident. In the instance of a resident labor force preference, a nonresident bidder shall apply the same resident
labor force preference to a public improvement in this state as would be required in the
INSTRUCTIONS TO BIDDERS IB-8 of 10 F.Y.2020 Virden Creek Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo,Iowa
construction of a public improvement by the state or foreign country in which the
nonresident bidder is a resident.
14. EXECUTION OF AGREEMENT, BONDS, AND CERTIFICATE OF INSURANCE
-- a. Subsequent to the award and within ten (10) days after the prescribed forms are
presented for signature, the successful bidder shall execute and deliver to the City of
Waterloo, Iowa, an agreement in the form included in the contract documents in such
number of copies as the City of Waterloo, Iowa, may require.
b. Having satisfied all conditions of award as set forth elsewhere in these documents, the
successful bidder shall, within the period specified in paragraph "a" above, furnish a
surety bond and a payment bond in a penal sum not less than the amount of the contract
as awarded, as security for the faithful performance of the contract and terms and
conditions therein contained and shall guarantee the prompt payment of all persons,
firms, or corporations to whom the contractor may become legally indebted for labor,
materials, tools, equipment, or services of any nature including utility and transportation
services, employed or used by him in performing the work. The bonds shall protect and
save harmless the City from claims and damages of any kind caused by the operations of
the contractor and shall also guarantee the maintenance of the contract improvements for
the period stated in the Notice of Hearing from and after completion of said improvements
and their acceptance by the City. Such bonds shall be in the same form as that included
in the contract documents and shall bear the same date as, or a date subsequent to that
of the agreement. The current Power of Attorney for the person who signs for any surety
company shall be attached to such bonds.
c. The successful bidder shall, within the period specified in paragraph "a" above, furnish a
certificate of insurance for approval in amounts of not less than the amounts specified in
the General Specifications for Construction, Section F. No. 4 "Liability Insurance," Pages
11 of 13 Pages. The certificate of insurance shall be furnished in such number of copies
as the City of Waterloo may require. The City of Waterloo shall be named as an
"Additional Insured." The contractor shall similarly submit his subcontractor's certificates
of insurance in the amounts for approval before each commences work. The contractor
shall carry or require that there be Worker's Compensation Insurance for all their
employees and those subcontractors engaged in work at the site, in accordance with
State Worker's Compensation Laws.
d. The failure of the successful bidder to execute such agreement and to supply the
required bond or bonds within ten (10) days after the prescribed forms are presented for
signature, or within such extended period as the City of Waterloo, Iowa, may grant, based
upon reasons determined sufficient by the City of Waterloo, Iowa, may either award the
contract to the next lowest bidder or re-advertise for bids, and may charge against the
bidder the difference between the amount of the bid and the amount for which a contract
for the work is subsequently executed, irrespective of whether the amount thus due
exceeds the amount of the bid guaranty. If a more favorable bid is received by re-
advertising, the defaulting bidder shall have no claim against the City of Waterloo, Iowa,
for a refund.
INSTRUCTIONS TO BIDDERS IB-9 of 10 F.Y.2020 Virden Creek Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo,Iowa
15. BIDDER STATUS
a. Attention of bidders is called to the requirement of complying with the provisions of the
Resident Bidder/Non-Resident Bidder requirement. _
b. Each bidder submitting a bid shall execute and include with the bid, a Bidder Status Form in
the form herein provided.
c. 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 IB-10 of 10 F.Y.2020 Virden Creek Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo,Iowa _
FORM OF BID OR PROPOSAL
F.Y. 2020 VIRDEN CREEK LEVEE IMPROVEMENTS
CONTRACT NO. 947
CITY OF WATERLOO, IOWA
Honorable Mayor and City Council
Waterloo, Iowa
Gentlemen:
1. The undersigned, being a Corporation existing under the laws of the State of , a
Partnership consisting of the following partners:
having familiarized (himself) (themselves) (itself) with the existing conditions on the project area
affecting the cost of the work, and with all the contract documents listed in the Table of Contents and
Addenda (if any), as prepared by the City 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. 2020 VIRDEN CREEK
LEVEE IMPROVEMENTS, Contract No. 947, all in accordance with the above-listed documents
and for the unit prices for work in place for the following items and quantities:
F.Y. 2020 VIRDEN CREEK LEVEE IMPROVEMENTS
CITY CONTRACT NO. 947
ITEM ITEM UNIT EST. UNIT BID TOTAL BID
NO. QTY. PRICE PRICE
1 Clearing and Grubbing LS 1.0 $ $
2 Topsoil, Strip, Salvage and Spread CY 2,435.0 $ $
3 Subgrade Preparation SY 3,200.0 $ $
4 Subgrade Treatment, Type 1 $ $
Geogrid SY 1,000.0
5 Excavation for Floodwall, Class 20 CY 16,605.0 $ $
6 Levee Fill, Contractor Furnished CY 5,350.0 $ $
7 Flowable Mortar CY 20.0 $ $
8 Inspection Trench CY 496.0 $ $
9 Remove&Reinstall Drinking $ $
Fountain LS 1.0
10 Channel Lining SY 7,560.0 $ $
11 Filter Blanket CY 1,688.4 $ $
12 Removal of Sidewalk SY 295.0 $ $
13 Sidewalk, PCC, 4-Inch SY 295.0 $ $
14 Removal of Pavement SY 2,300.0 $ $
15 Crack&Joint Sealing LF 24,500.0 $ $
16 Vertical Joint Sealing in Existing $ $
Floodwall LF 50.0
17 Floodwall Removal LF 245.0 $ $
18 Structural Concrete CY 3,050.0 $ $
19 Structural Concrete for Stairs at $ $
Gates Park Outlet Structure CY 8.0
20 Reinforcing Steel LB 168,123.1 $ $
FORM OF BID FB-1 of 4 F.Y.2020 Virden Creek Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo,Iowa
ITEM ITEM UNIT EST. UNIT BID TOTAL BID
NO. QTY. PRICE PRICE
21 Temporary Closure Structure 1 -
Sta. 102+94 (10.00'x 3.00') EA 1.0 —
22 Temporary Closure Structure 2 - $
Sta. 109+12 (10.00'x 1.75') EA 1.0
23 Temporary Closure Structure 3 - $
Sta. 216+65 (10.00'x 3.50') EA 1.0 —
24 Temporary Closure Structure 4- $ $
Sta. 312+61 (10.00'x 4.05') EA 1.0
25 Closure Structure Panel Vault EA 1.0 $ $ _
26 12-Inch Flap Gate Replacement EA 7.0 $ $
27 15-Inch Flap Gate Replacement EA 2.0 $ $
28 18-Inch Flap Gate Replacement EA 2.0 $ $ --
29 42-Inch Flap Gate Replacement EA 1.0 $ $
30 Traffic Control LS 1.0 $ $
31 Hydraulic Seeding, Type 1 $ $ —
(Permanent Lawn Mixture) ACRE 5.0
32 Hydraulic Seeding, Type 4 (Urban $ $
Temp. Erosion Control Mixture) ACRE 5.0 _
33 SWPPP Management LS 1.0 $ $
34 Temporary Rolled Erosion Control $ $
Products, Type 2.D SQ 760.0
35 12-Inch Wattle, Installation LF 3,060.0 $ $
36 12-Inch Wattle, Removal LF 3,060.0 $ $
37 Silt Fence, Installation LF 6,385.0 $ $ —
38 Silt Fence, Removal of Sediment LF 6,385.0 $ $
39 Silt Fence, Removal of Device LF 6,385.0 $ $
40 Inlet Protection Device, Installation EA 16.0 $ $ --
41 Inlet Protection Device, Maintenance EA 32.0 $ $
42 Chain Link Fence, 6-Foot High LF 3,332.0 $ $
43 Gate, Chain Link, 6-Foot High, 14- $ $ —
Foot Span, Double Swing EA 3.0
44 Gate, Chain Link, 6-Foot High, 4- $ $
Foot Span EA 1.0
45 Removal of Fence LF 3,539.0 $ $
46 Hand Rail, 1 1/2-Inch Diameter $ $
Galvanized Steel LF 41.5
47 Demolish Church Rectory LS 1.0 $ $
48 Decommission Existing Gage House LS 1.0 $ $
49 Mobilization LS 1.0 $ $ _
50 Concrete Washout LS 1.0 $ $
TOTAL BID AMOUNT $
2. It is understood that the quantities set forth are approximate only and subject to variation and that the
unit bid price for the work done shall govern in the actual payment to Contractor. —
3. In submitting this bid, the bidder understands that the right is reserved by the City of Waterloo, Iowa,
to reject any or all bids. If written notice of the acceptance of this bid is mailed, telegraphed, or
FORM OF BID FB-2 of 4 F.Y.2020 Virden Creek Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo,Iowa —
delivered to the undersigned within thirty(30) days after the opening thereof, or at any time thereafter
before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the
-` prescribed form and furnish 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 Bidders 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/WBE subcontractor(s), amount of subcontracts and bid items on the
City of Waterloo Minority and/or Women Business Pre-bid Contact Information Form submitted with
this Form of Bid or Proposal. The apparent low Bidder shall submit a list of all other Subcontractor(s)
to be used on this Project to the City of Waterloo by 5:00 p.m. the business day following the day
Bids on this Project are due along with the Non-Collusion Affidavits of All Subcontractor(s).
The Contractor shall submit information on subcontractors on "SUBCONTRACTOR REQUEST AND
APPROVAL" Form to be provided by City prior to approval of contract.
The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer
cannot be changed except for the following reasons:
1) The City of Waterloo does not approve the subcontractors.
2) The subcontractors submit in writing that they cannot fulfill their subcontracts.
11. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none"
or"NA".
12. The bidder has attached all applicable forms.
FORM OF BID FB-3 of 4 F.Y.2020 Virden Creek Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo,Iowa
13. The Owner reserves the right to select alternates, delete line items, and/or to reduce quantities prior --
to the award of a contract due to budgetary limitations.
(Name of Bidder) (Date)
BY: Title "
Official Address: (Including Zip Code):
I.R.S. No.
mom
FORM OF BID FB-4 of 4 F.Y.2020 Virden Creek Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo,Iowa
INFORMATION NEEDED
FOR
IOWA CONSTRUCTION SALES TAX EXEMPTION CERTIFICATE
CONTRACTOR NAME:
ADDRESS:
(Check One) PRIME SUBCONTRACTOR
FEDERAL ID#:
PROJECT NAME:
PROJECT CONTRACT NO.:
DESCRIPTION OF WORK:
❑ Brickwork ❑ Landscaping
❑ Carpentry ❑ Painting
❑ Concrete ❑ Paving
❑ Drywall-Plaster-Insulation ❑ Plumbing
❑ Electrical ❑ Roofing-Siding-Sheet Metal
❑ Excavation/Grading ❑ Windows
❑ Flooring ❑ Wrecking-Demolition
❑ Heavy Construction ❑ Other (Please specify)
❑ Heating-Ventilating-Air Cond
SALES TAX EXEMPTION CERT STE-1 of 1 F.Y.2020 Virden Creek Levee Improvements
AECOM#60215611 City Contract No.947 Waterloo,Iowa
THIS PAGE LEFT BLANK INTENTIONALLY
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we,
as Principal, and
as Surety are held and firmly bound unto the CITY OF WATERLOO , Iowa, hereinafter called
"OWNER." In the penal sum
Dollars ($ ) lawful money of the United States, for the payment
of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and
successors, jointly and severally, firmly by these presents. The condition of this obligation is such that
whereas the Principal has submitted the accompanying bid dated the day of
, 20 , for
NOW, THEREFORE,
(a) If said Bid shall be rejected, or in the alternate,
(b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form
specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all
persons performing labor or furnishing materials in connection therewith, and shall in all other respects
perform the agreement created by the acceptance of said Bid,
Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly
understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event,
exceed the penal amount of this obligation as herein stated.
By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in
liquidation of damages sustained in the event that the Principal fails to execute the contract and provide
the bond as provided in the specifications or by law.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its
bond shall be in no way impaired or affected by any extension of the time within which the Owner may
accept such Bid or execute such contract; and said Surety does hereby waive notice of any such
extension.
IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and
such of them as are corporations, have caused their corporate seals to be hereto affixed and these pres-
ents to be signed by their proper officers this day of , A.D. 20
(Seal)
Principal
By
(Title)
— (Seal)
Witness Surety
By
Witness Attorney-in-fact
BID BOND BB-1 OF 1 F.Y.2020 Virden Creek Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo,Iowa
THIS PAGE LEFT BLANK INTENTIONALLY
NON-COLLUSION AFFIDAVIT OF PRIME BIDDER
State of
)ss
County of • ) •
, being first duly sworn, deposes and says that:
1. He is (Owner, Partner, Officer, Representative, or Agent) , of
, the Bidder that has submitted the attached Bid;
2. He is fully informed respecting the preparation and contents of the attached Bid and of all
pertinent circumstances respecting such Bid;
3. Such Bid is genuine and is not a collusive or sham Bid;
4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives,
employees, or parties in interest, including this affiant, has in any way colluded, conspired,
connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a
collusive or sham Bid in connection with the Contract for which the attached Bid has been
submitted or to refrain from bidding in connection with such Contract, or has in any manner,
directly or indirectly, sought by agreement or collusion or communication or conference with any
other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or,
to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or
to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage
against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and
5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its
agents, representatives, owners, employees, or parties in interest, including this affiant.
(Signed)
Title
Subscribed and sworn to before me this day of , 20_.
Title
My commission expires
NON-COLLUSION AFFIDAVITS NCA-1 of 2 F.Y.2020 Virden Creek Levee Improvements
AECOM#60221561 City Contract Nol.947 Waterloo,Iowa
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)
Title
Subscribed and sworn to before me this day of , 20_. —
Title
My commission expires
NON-COLLUSION AFFIDAVITS NCA-2 of 2 F.Y.2020 Virden Creek Levee Improvements
AECOM#60221561 City Contract Nol.947 Waterloo,Iowa
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 may be declared ineligible for
further contracts in accordance with procedures authorized by the City Council.
7. The contractor, subcontractor, vendor and supplier of goods and services will include, or
incorporate by reference, the provisions of the non-discrimination clause in every contract,
EQUAL OPPORTUNITY CLAUSE EOC-1 of 2 F.Y.2020 Virden Creek Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo,Iowa
subcontract or purchase order unless exempted by the rules, regulations or orders of the City's —
Affirmative Action Program, and will provide in every subcontract, or purchase order that said
provisions will be binding upon each contractor, subcontractor, or supplier.
8. We, the undersigned, recognize that we are morally and legally committed to non-discrimination
in employment. Any person who applies for employment with our company will not be
discriminated against because of race, creed, color, sex, national origin, economic status, age,
mental or physical disabilities. —
(Signed)
(Appropriate Official)
(Title) —
(Date)
EQUAL OPPORTUNITY CLAUSE EOC-2 of 2 F.Y.2020 Virden Creek Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo,Iowa
TITLE VI CIVIL RIGHTS
During the performance of this contract, the contractor (for itself), its assignees, and successors in
interest (hereinafter referred to as the"contractor") agrees as follows:
1. Compliance with Regulations: The contractor shall comply with the Regulations relative to non-
discrimination in Federally assisted programs of the DOT Title 49, Code of Federal Regulations,
Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations),
which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract,
— shall not discriminate on the grounds of race, color, national origin, sex, age, or disability in the
selection and retention of subcontractors, including procurement of materials and leases of
equipment. The contractor shall not participate either directly or indirectly in the discrimination
— prohibited by section 21.5 of the Regulations, including employment practices when the contract
covers a program set forth in Appendix B of the Regulations.
3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the contractor for work to be
performed under a subcontract, including procurement of materials or leases of equipment, each
potential subcontractor or supplier shall be notified by the contractor of the contractor's
obligations under this contract and the Regulations relative to non-discrimination on the grounds
of race, color, national origin, sex, age, or disability.
4. Information and Reports: The contractor shall provide all information and reports required by the
Regulations or directives issued pursuant there to, and shall allow access to its books, records,
accounts, other sources of information, and its facilities as may be determined by the Contracting
Authority, the Iowa DOT, or FHWA to be pertinent to ascertain compliance with such Regulations,
— orders and instructions. Where any information required of a contractor is in the exclusive
possession of another who fails or refuses to furnish this information the contractor shall so certify
to the Contracting Authority, the Iowa DOT, or the FHWA as appropriate, and shall set forth what
efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the Contracting Authority, the Iowa DOT, or the
— FHWA shall impose such contract sanctions as they may determine to be appropriate, including,
but not limited to:
a. Withholding of payments to the contractor under the contract until the contractor
complies, and/or
b. Cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through
(6) in every subcontract, including procurement of materials and leases of equipment, unless
exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such
action with respect to any subcontract or procurement as the Contracting Authority, the Iowa
DOT, or the FHWA may direct as a means of enforcing such provisions including sanctions for
non-compliance: Provided, however, that, in the event of a contractor becomes involved in, or it
threatened with, litigation with a subcontractor or supplier as a result of such direction, the
contractor may request the Contracting Authority or the Iowa DOT to enter into such litigation to
protect the interests of the Contracting Authority or the Iowa DOT; and, in addition, the contractor
may request the United States to enter into such litigation to protect the interest of the United
States.
TITLE VI CIVIL RIGHTS TVI-1 of 1 F.Y.2020 Virden Creek Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo,Iowa
THIS PAGE LEFT BLANK INTENTIONALLY
;idder Status Form
—To be completed by all bidders Part A
?lease answer"Yes" or"No" for each of the following:
.11 Yes ❑ No My company is authorized to transact business in Iowa.
(To help you determine if your company is authorized, please review the worksheet on the next page).
I] Yes ❑ No My company has an office to transact business in Iowa.
-] Yes ❑ No My company's office in Iowa is suitable for more than receiving mail, telephone calls, and e-mail.
] Yes ❑ No My company has been conducting business in Iowa for at least 3 years prior to the first request for
bids on this project.
-] Yes ❑ No 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: / / to / / Address:
City, State, Zip:
Dates: / / to / / Address:
City, State, Zip:
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 Yes ❑ No
—force preferences or any other type of preference to bidders or laborers?
3. If you answered "Yes" to question 2, identify each preference offered by your company's home state or foreign country
and the appropriate legal citation.
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:
Signature: Date:
— You must submit the completed form to the governmental body requesting bids per 875 Iowa Administrative Code
Chapter 156.This form has been approved by the Iowa Labor Commissioner.
309-6001 (09-15)
BSF-1
Worksheet: Authorization to Transact Business
This worksheet may be used to help complete Part A of the Resident Bidder Status form. If at least one of the following
describes your business, you are authorized to transact business in Iowa.
❑ Yes ❑ No My business is currently registered as a contractor with the Iowa Division of Labor.
❑ Yes ❑ No My business is a sole proprietorship and I am an Iowa resident for Iowa income tax purposes.
❑ Yes ❑ No 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.
❑ Yes ❑ 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.
❑ Yes ❑ 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.
❑ Yes ❑ 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. —
❑ Yes ❑ 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.
❑ Yes ❑ 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.
❑ Yes ❑ 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. —
❑ Yes ❑ No My business is a limited liability company whose certificate of organization is filed in Iowa and has
not filed a statement of termination. —
❑ Yes ❑ 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)
BSF-2 -
Revised February 2003
CONTRACTOR'S OR SUBCONTRACTOR'S AFFIRMATIVE ACTION PROGRAM
Check box that applies to party completing program:
( ) General Contractor
( ) Subcontractor
I. Section A to be completed by GENERAL CONTRACTORS only:
A.
Name of Company
Address of Company Zip
Telephone Number( )
Federal ID Number(if no Federal ID Number, Owner/President's Social Security Number)
-- Name of Equal Employment Officer
Name of Project
Project Contract Number
Estimated Construction Work Dates /
— Start Finish
Section B to be completed by SUBCONTRACTORS only:
B.
— Name of General or Prime Contractor
Name of Subcontractor
Subcontractor's Address Zip
Subcontractor's Telephone Number(
Subcontractor's Federal ID Number(if no Federal ID Number Owner/President's Social Security
Number)
Name of Equal Employment Officer
C. Remainder of program to be completed by party completing program, either Prime or
Subcontractor.
1. The Owners and/or Principals of your company:
-1 -
Ethnic —
Name Address Position Sex Origin
2. Other Areas of Interest:
If your company has branches or subsidiaries, or if your company is a branch or
subsidiary of a parent organization, give the following information:
Type of —
Name Address Affiliation Degree
II. EMPLOYER'S POLICY (Please read carefully.) —
A. We, the undersigned, recognize that we are morally and legally committed to
nondiscrimination in employment. Any person who applies for employment with our
company will not be discriminated against because of race, color, creed, sex, national
origin, economic status, age, mental or physical handicap.
B. The employment policies and practices of the undersigned are to recruit and hire
employees without discrimination, and to treat them equally with respect to compensation
and opportunities for advancement, including training, upgrading, promotion, and
transfer. However, we realize the inequities associated with employment training,
upgrading, contracting and subcontracting for minorities and women and we will direct —
our efforts to correcting any deficiencies to the maximum extent possible. The same will
be required of our SUBCONTRACTORS and suppliers.
C. We submit this program to assure compliance with Executive Order 11246, as amended,
and other subsequent orders that may pertain to equal employment opportunity and merit
employment policies, fully realizing that our qualification and/or merit system should be
evaluated and revised, if necessary.
D. We agree to put forth the maximum effort to achieve full employment and utilization of
capabilities and productivity of all our citizens without regard to race, creed, color, sex, _
national origin, economic status, age, and mental or physical handicap.
E. will give training
(Name of Company) —
and employment opportunities to local residents of Waterloo, Iowa, to the greatest extent
feasible.
-2 -
III. AFFIRMATIVE ACTION
A. recognizes that the
(Name of Company)
effective application of a policy of merit employment involves more than just a policy
statement, and
(Name of Company)
will, therefore, re-evaluate our Affirmative Action Program to ensure that equal
employment opportunities are available on the basis of individual merit and to actively
encourage minorities, women and local residents to seek employment with our company
on this basis.
B. will undertake the
(Name of Company)
following six (6) steps to improve our Affirmative Action Program:
1. Minority Recruitment and Employment;
2. Local Recruitment and Employment;
3. Disabled Veteran and Vietnam Era Veteran Recruitment and Employment;
4. Handicapped Recruitment and Employment;
5. Female Recruitment and Employment; and
6. Training, Upgrading and Promotional Opportunities.
C. will take
(Name of Company)
whatever steps are necessary to ensure that our total work force has adequate minority,
female, and local representation. We will utilize the following methods in our recruitment
attempts:
1. Local advertising media (newspapers, radio, TV);
2. Community organizations (churches, clubs, schools);
3. Public and private institutions in the area (UNI, Hawkeye Community College);
4. Job Service of Iowa; and
5. Other.
D. will seek qualified minority, female,
(Name of Company)
and local group applicants for all job categories and will make asserted efforts to increase
minority, female and group representation in occupations at the higher levels or skill and
responsibility.
E. All sources of employment used shall be aware that we are an Equal Employment
Opportunity Employer. Labor organizations representing our employees will be notified
of our Equal Employment Opportunity Policy and Affirmative Action Program.
F. Training, upgrading, promotion and transfer activities at all levels will be monitored to
ensure that full consideration has been given to qualified minority, female, and local
group employees.
G. will encourage other
(Name of Company)
companies with whom we are associated and/or do business, to do the same and we will
assist them in their efforts.
-3 -
H. has taken the following —
(Name of Company)
Affirmative Action to ensure that minority, female, local contractors and/or suppliers were
provided opportunities to negotiate and/or bid on this project: (if none, write”NONE") —
1
2. —
As a result of the above efforts, we have involved minority, female, and local contractors
and/or suppliers in the following areas of subcontracting: (if none, write"NONE") _
1.
2.J. will require approved
(Name of Company)
Affirmative Action Programs from all nonexempt contractors who propose to work on this
project and will take whatever steps are necessary to ensure that non-minority
contractors have adequate representation of minority, female and local persons in their
total work force.K. In further accordance with rules and guidelines issued pursuant to Executive Order
11246 as amended, we establish the goals for our company, based on parity
percentages supplied by the City, and we realize these goals will be reviewed on an "-
annual basis.
L. will keep records of
(Name of Company)
specific actions relative to recruitment, employment, training, upgrading and promotion
and will provide the City of Waterloo with any information relative to same, including
activities of our SUBCONTRACTORS and suppliers as necessary or when requested. —
M. Parity figures for companies located in Waterloo are as follows:
Minority Parity = .08 (8%)
N. Affirmative Action
(Name of Company) —
Employment Goals:
The definition of Affirmative Action Goals is as follows: "Goals may not be rigid and
inflexible quotas which must be met, but must be targets, reasonably attainable by means —'
of applying every good faith effort to make all aspects of the entire Affirmative Action
Program work."
For the year 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.
-4 -
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 201_. Note, that
none of the goals are rigid or inflexible. They are targets that your company calculates as
reasonably attainable. This will help the City in its monitoring procedures as required by
City of.Waterloo Resolution No. 1984-142(4).
CONTRACTOR'S TOTAL WORK FORCE
(WATERLOO)
HOURLY
NAME AND ADDRESS JOB CATEGORY RACE SEX WAGE
INDICATE: DISABLED VETERAN: DV
VIETNAM ERA VETERAN: W
HANDICAPPED: H
-5 -
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: —
Cornpany Executive
Date
By: —
Equal Employment
Opportunity Officer
Date
City of Waterloo Affirmative Action Officer
Approved
Disapproved Reason:
By:
Date:
-6 -
DESCRIPTION OF JOB CATEGORIES
1. Officials/Manager: Occupations in which employees set broad policies, exercise overall
responsibility for execution of all policies, or direct individual departments or special phases of the
agency's operations or provide specialized consultation on a regional, district or area basis.
Includes: department heads, bureau chiefs, division chiefs, directors, deputy directors,
controllers, examiners, wardens, superintendents, unit supervisors, sheriffs, police and fire chiefs
and inspectors and kindred workers.
2. Professionals: Occupations which require specialized and theoretical knowledge which is
usually required through college training or thorough work experience and other training which
provides comparable knowledge. Includes: personnel and labor relations workers, social
workers, doctors, psychologists, registered nurses, economists, dietitians, lawyers, system
analysts, accountants, engineers, employment and vocational rehabilitation counselors, teachers
or instructors, police and fire captains and lieutenants and kindred workers.
3. Technicians: Occupations which require a combination of basic scientific or technical knowledge
and manual skill which can be obtained through specialized post-secondary school education and
through equivalent on-the-job training. Includes: computer programmers and operations,
draftsmen, surveyors, licensed practical nurses, photographs, radio operators, technical
illustrators, police and fire sergeants and kindred workers.
4. Office/Clerical: Workers are responsible for internal and external communication, recording and
retrieval of data and/or information and other paper work required in an office. Includes:
bookkeepers, messengers, office machine operators, clerk-typists, stenographers, court
transcribers, hearing reporters, statistical clerks, dispatchers, license distributors, payroll clerks
and kindred workers.
5. Skilled Craft Workers: Workers perform jobs which require special manual skill and a thorough
and comprehensive knowledge of the processes involved in the work which is acquired through
on-the-job training programs. Includes: Mechanics and repairman, electricians, heavy equipment
operators, stationary engineers, skilled machine occupations, carpenters, compositors and
typesetters and kindred workers.
6. Sales Workers: Occupations engaging wholly and primarily in direct selling. Includes:
advertising agents and salesman, insurance agents and brokers, real estate agents and brokers,
stock and bond salesmen, demonstrators, salesmen and sales clerks, grocery clerks and cashier
checkers, and kindred workers.
7. Operatives (semi-skilled): Workers who operate machine or processing equipment or perform
other factory-type duties of intermediate skill level which can be mastered in a few weeks and
require only limited training. Includes: apprentices (auto mechanics), plumbers, building trades,
metal working trades, bricklayers, carpenters, electricians, machinists, mechanics, printing trades,
etc., operatives, attendants (auto service and parking), plasterers, chauffeurs, deliverymen and
furnacemen, heaters (metal), laundry and dry cleaning operatives, milliners, mine operatives and
laborers, motormen, oilers and greasers, (except auto painters), (except construction and
maintenance), photographic process workers, stationary fireman, truck and tractor drivers,
weavers, (textile), welders and flame cutters and kindred workers.
8. Laborers (unskilled): Workers in manual occupations which generally require no special
training. Perform elementary duties that may be learned in few days and require the application
of little or no independent judgment. Includes: garage laborers, car washers and greasers,
gardeners (except farm) and groundskeepers, longshoremen, and stevedores, lumbermen,
raftsmen and woodchoppers, laborers performing lifing, digging, mixing, loading and pulling
operations and kindred workers.
-7 -
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.
11. White Collar: Persons engaged in formal training for clerical, managerial, professional, technical,
sales, office and clerical occupations.
-s -
ITEMS OF POTENTIAL MBE/WBE PARTICIPATION
NOTICE TO PROSPECTIVE BIDDERS:
The following items from the F.Y. 2020 VIRDEN CREEK LEVEE IMPROVEMENTS, Contract No. 947,
have a potential for MBE/WBE Participation. This listing, however, is not intended to be all encompassing
• or to preclude MBE/WBE Contractors from bidding on any items of the Proposal as a Subcontractor or
the entire Proposal as a Prime Contractor.
ITEM NO. ITEM
1 Clearing and Grubbing 1.0 LS
12 Removal of Sidewalk 295.0 SY
14 Removal of Pavement 2,300.0 SY
17 Floodwall Removal 245.0 LF
45 Removal of Fence 3,539.0 LF
47 Demolish Church Rectory 1.0 LS
48 Decommission Existing Gage 1.0 LS
House
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
MBE/WBE PARTICIPATION M-1 of 6 F.Y.2020 Virden Creek Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo,Iowa
SUBCONTRACTOR'S BID REQUEST FORM -
PRIME BIDDER'S LETTERHEAD
Contract No.: •
•
Letting Date:
I, (subcontractor's name), hereby attest that I have been solicited for a bid on (project name) in the area
of(description of work and bid item no.).
(Prime contractor) has informed me that if I am interested in bidding, a subcontracting bid proposal must
be submitted to the company office by (date) and (time). —
Subcontractor's Company Name —
Date Subcontractor's Signature
Date Prime Bidder's Signature
MBE/WBE PARTICIPATION M-2 of 6 F.Y.2020 Virden Creek Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo,Iowa
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)
MBE/WBE PARTICIPATION M-3 of 6 F.Y.2020 Virden Creek Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo,Iowa
LETTER OF INTENT TO BID -
(MBE/WBE LETTER)
According to the Current MBE/WBE Contract Compliance Program - 2002, all MBE/WBE Contractors
interested in submitting subcontractor quotes on construction projects with goals, MUST submit a
LETTER OF INTENT TO BID to the City of Waterloo Contract Compliance Officer at least seven (7) days
prior to bid opening.
The LETTER OF INTENT TO BID must list the specific items which the MBE/WBE Contractor is
interested in bidding. --
Letter should include the following:
Name of Project:
Your Company Name:
Address:
Phone: Date:
List of Specific items to be bid:
Item No. Description: —'
Item No. Description:
Item No. Description:
Item No. Description:
Item No. Description:
(Subcontractor's Company Name and authorized signature)
Return this LETTER OF INTENT TO BID to:
Contract Compliance Officer _.
Community Development Board
620 Mulberry St.
Carnegie Annex, Suite 202
Waterloo, IA 50703
Phone: (319) 291-4429
Form CCO-5 (06-20-2002) _
MBE/WBE PARTICIPATION M-4 of 6 F.Y.2020 Virden Creek Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo,Iowa
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_ CERTIFIED
MBE / WBE CONTRACTORS
CITY OF WATERLOO, IOWA
it I
Pill •
ertoo \o
CONTRACT COMPLIANCE OFFICE
Community Development Board
_ Carnegie Annex, Suite 202
620 Mulberry Street
Waterloo,Iowa 50703
City WEB Site: www.ci.waterloo.ia.us
Contract Compliance
WEB Site
for listing updates: http://www.cityofwaterlooiowa.com/contractcompliance
Contact: Rudy Jones, Community Development Director
Email: rudv.iones(&,waterloo-ia.org
Phone: (319) 291-4429
Fax: (319) 291-4431
MBEIWBE Certified Contractors List
Page 1 of 4
CERTIFIED MBE CONTRACTORS
CARTER ELECTRIC
725 Adams Street
Waterloo, IA 50703
Phone: (319)232-9808
Pager: (319) 235-4021
Contact: Derrick Carter
Specializing in:
ELECTRICAL CONTRACTOR
CULPEPPER ELECTRIC
1731 Cottage Grove Avenue
Waterloo, IA 50707
Phone: (319) 235-0885
Fax: (319)236-8177
Contact: Martin Culpepper
Certified: City of Waterloo Certified MBE, Licensed Electrician L..
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
L
D.C. CORPORATION
426 Beech Street
Waterloo, IA 50703
Phone: (319) 493-2542
FAX: (319)236-0515
Contact: Terry Phillips Certified: City of Waterloo Certified MBE, Iowa DOT, TSB Certified
Specializing in:
COMMERCIAL AND RESIDENTIAL DEMOLITION, CONCRETE PAVING, DRIVEWAYS,
TRUCKING (ALL TYPES), GENERAL CONSTRUCTION
MBE/WBE Certified Contractors List
Page 2 of 4
GREER'S WORKS
..� 2003 Plainview Street
Waterloo, IA 50703
Phone: (319) 233-4701
Contact: Willie Greer
Specializing in:
DRIVEWAYS, SIDEWALKS, CARPENTRY, ROOFING, GENERAL CONSTRUCTION
OLD GREER'S WORKS
2309 Springview Street
Waterloo, IA 50707
Phone: (319) 233-2150
Contact: David L. Greer, Sr.
Specializing in:
ROOFING& GENERAL CONSTRUCTION
QUICK CONSTRUCTION
217 Bates Street
Waterloo, IA 50703
Phone: (319)215-4166
Contact: Leroy Harrington
Specializing in:
ALL TYPES OF CONCRETE FLATWORK AND GENERAL CONSTRUCTION
D & D CONSTRUCTION
1124 West Donald Street
Waterloo, IA 50703
Phone: (319) 961-4208
1 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
MBE!WBE Certified Contractors List
Page 3 of 4
1
L.
L
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
1
WATCO CONSTRUCTION, INC.*
2920 Texas Street
Waterloo,IA 50702
Phone: (319) 233-7481
Certified: City of Waterloo WBE
Contact: Patricia J. Kimball
Specializing in:
STORM SEWER, INLETS, DRAIN TILE, WATER MAIN, SANITARY SEWER, INTAKE
STRUCTURES
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
t
L
MBE/WBE Certified Contractors List
Page 4 of 4
STATEMENT OF BIDDER'S QUALIFICATIONS
(To be submitted by the Bidder only upon the specific request of the City of Waterloo, Iowa.)
All questions must be answered and the date given must be clear and comprehensive. This statement
must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder
may submit any additional information he desires.
1. Name of bidder.
2. Permanent main office address.
3. When organized.
4. If a corporation, when incorporated.
5. How many years have you been engaged in the contracting business under your present firm or
trade name?
6. Contracts on hand: (Schedule these, showing amount of each contract and the appropriate
anticipated dates of completion.)
7. General character of work performed by your company.
8. Have you ever failed to complete any work awarded to you? If so, where and why?
9. Have you ever defaulted on a contract? If so, where and why?
10. List the more important projects recently completed by your company, stating the approximate
cost for each, and the month and year completed.
11. List your major equipment available for this contract.
12. Experience in construction work similar in importance to this project.
13. Background and experience of the principal members of your organization, including the officers.
14. Credit available: $
15. Give bank reference:
16. Will you, upon request, fill out a detailed financial statement and furnish any other information that
may be required by the City of Waterloo, Iowa?
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 BIDDER'S QUALIFICATIONS SBQ-1 OF 2 F.Y.2020 Virden Creek Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo,Iowa
Dated at , this day of , 20_ —
(Name of Bidder)
By: --
Title:
State of ) _
) ss:
County of
, being duly sworn deposes and says that he is ._
of
(Name of Organization)
and that the answers to the foregoing questions and all statements therein contained are true and correct.
Subscribed and sworn to before me this day of , 20
Notary Public
My commission expires
STATEMENT OF BIDDERS QUALIFICATIONS SBQ-2 OF 2 F.Y.2020 Virden Creek Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo,Iowa
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. 2020 VIRDEN CREEK LEVEE IMPROVEMENTS, Contract
No. 947, 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
— November 4, 2020. They have the general title of F.Y. 2020 VIRDEN CREEK LEVEE IMPROVEMENTS,
Contract No. 947.
The drawings are numbered and separately entitled as follows:
SHEET# PLAN SHEET DESCRIPTION
General
G-1 Title Sheet
G-2 Legend and General Notes
G-3 Levee Restoration Notes
G-4 -G-5 Quantities and Estimate Reference Notes
G-6 Benchmarks and Control Points
G-7 -G-10 Alignment Data
Civil
C-1 - C-4 Existing Conditions
C-5 Church Rectory Demolition
C-6 - C-7 Gage House Decommissioning
C-8 Overall Site Plan
C-9 - C-18 Plan and Profile
C-19 -C-20 Levee Typical Sections
C-21 -C-22 Fence
Right-of-Way
H-1 - H-2 Existing Right-of-Way
Erosion Control
J-1 Erosion Control Notes
J-2 -J-4 Erosion Control
Structural
S-1 Floodwall Notes and Details
S-2 - S-5 Proposed Floodwall Modifications
S-6 - S-8 Floodwall Details
S-9 Gates Park Outlet Structure Modifications
S-10 Temporary Closure Structure General Notes
S-11 - S-12 Temporary Closure Structure Details
S-13 Closure Structure Panel Vault Detail
Cross Sections
X-1 -X-38 Cross Sections
The standard specifications of the City of Waterloo are to be used along with the special provisions
— described herein and shall be considered as part of the contract documents.
2. CONFLICTING SPECIFICATIONS
All requirements of other specifications contained in the contract documents which conflict with the
provisions of the special provisions will be considered void.
GENERAL SPECIAL PROVISIONS GSP-1 of 4 F.Y.2020 Virden Creek Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo,Iowa
3. DUMPING AREAS
Excess material resulting from construction operations shall be hauled to the County Landfill or other area
secured by the Contractor and approved by the City Engineer. Rubble, rubbish, trees, brush, and other
unsuitable backfill material, as designated by the City Engineer, shall be hauled to the County Landfill. All
Landfill charges are to be considered incidental to the contract and are the responsibility of the Contractor.
4. CONSTRUCTION DAMAGE
The Contractor shall exercise care during construction operations to ensure the safety and protection to -
existing features located near or within the limits of construction. Damage caused by negligence or poor
workmanship, as determined by the Engineer, shall be considered the Contractor's responsibility.
5. REMOVED MATERIALS
All materials removed as part of this Contract shall remain the property of the City unless the City
determines that the materials are not salvageable and the City does not want to retain ownership of the
materials. Materials designated in the field by the Engineer as nonsalvageable shall be hauled and
disposed of by the Contractor at no cost to the City. All other materials shall be transported to locations as
directed by the Engineer. No separate measurement or payment will be made for hauling or disposing of
removed materials and it shall be considered incidental to applicable items.
6. OVERHAUL
Overhaul will not be paid for "surplus material" obtained from any of the items of construction under this
contract. The cost of overhaul will be considered as incidental to the items to which it applies.
7. MAILBOXES
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.
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 HIGHWAYS
The Contractor will be required to secure, from the proper authorities, permission or permit which may be -e
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.
GENERAL SPECIAL PROVISIONS GSP-2 of 4 F.Y.2020 Virden Creek Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo,Iowa
The Contractor shall coordinate the work under this contract with contractors performing work under other
contracts which may be performed concurrently.
The Contractor shall be responsible to notify the Police, Fire, Street and Engineering Departments of the
closing and opening of streets.
The work under the proposed contract shall be commenced within ten (10) working days after receipt of
•
"Notice to Proceed," with final completion on or before November 20, 2020. •
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.
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."
16. GRADES, LINES, LEVELS AND SURVEYS
All necessary grades, lines, levels and surveys shall be 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
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.
GENERAL SPECIAL PROVISIONS GSP-3 of 4 F Y.2020 Virden Creek Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo,Iowa
18. CONSTRUCTION EQUIPMENT FOR PORTLAND CEMENT CONCRETE PAVEMENT
Section IX "Construction Equipment" of the "Specifications for Concrete Paving, Widening, and Curb and
Gutter" of the Standard Specifications for Municipal Public Works Construction, City of Waterloo, Iowa,
shall be amended as follows:
Iowa Department of Transportation standard specification Section 2301.07 Construction Equipment For
Portland Cement Concrete Pavement shall apply with the following exception to Section 2301.07.A.7.b
Finishing Machine: The first sentence shall read as "A finishing machine will be required on all uniform
width slabs ten (10) feet or more in width upon which a continuous line of forms more than one hundred -
fifty (150) feet in length may be set, except for intersections or otherwise approved by the Engineer."
19. 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 2019 and 2020 due to City holidays:
2019: 2020:
December 24 and 25 - Christmas January 1 - New Year's Day
January 20 - Martin Luther King Day
May 25 - Memorial Day
July 4 - Independence Day
September 7 - Labor Day
November 11 -Veteran's Day
GENERAL SPECIAL PROVISIONS GSP-4 of 4 F Y.2020 Virden Creek Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo,Iowa
SPECIAL PROVISIONS
MISCELLANEOUS
• 1. CONCRETE CLEAN-UP AND WASHOUT
Runoff from concrete cleanup is a caustic pollutant that can harm wildlife and vegetation. DO
NOT clean tools, equipment, and concrete trucks into or allow wastes to enter into the streets,
ditches, storm drains or waterways.
In Waterloo, failure to follow proper concrete clean-up procedures is a violation of the City's Code
of Ordinances and is considered a municipal infraction, punishable by fines.
The current City of Waterloo schedule of fines is:
1st offense $200 fine and court costs
2nd offense $500 fine and court costs
3rd and subsequent offense $750 fine and court costs
All concrete wastes shall be deposited into pre-approved waste receptacles. Waste receptacles
may be installed on select City properties to provide a central location and minimize costs. The
locations selected to host the waste receptacles shall be approved by the City Engineer prior to
installation. Upon completion of construction, the location of the waste receptacles shall be
returned to pre-construction condition.
Earthen pits are not an acceptable waste receptacle.
2. HAUL ROUTES
Haul routes to and from the project site shall be submitted for review by the Engineer. In general,
the Contractor shall request haul routes over the main streets in the area, staying on streets
within the project as much as possible and should not include truck-embargoed streets.
3. WATER ON GRADE
After paving has been removed on a street, and during the course of the project, the prime
contractor shall be responsible to pump out any water that has accumulated on
the grade at intersections or other low spots. This shall be completed within twenty-four (24)
hours of the source (rain, main break, etc.) of water being terminated. This work shall be
considered incidental to applicable items.
4. WIDENING OF EXISTING DRIVEWAYS
The Contractor will be paid for replacing existing driveways at their existing widths. If any
— property owner desires to widen a driveway, it shall first be approved by the Engineer. The
property owner shall be responsible to make arrangements privately with his own contractor for
payment of driveway widening approved by the Engineer. The City will not pay for the widening
of any driveway, except at specific locations shown on the plans or as directed by the Engineer.
5. QUANTITY ADJUSTMENTS
The following Bid Items are exempted from consideration under the provisions of Section B.
"Scope of Work," Paragraph 7 of the"General Specifications for Construction" concerning the
variance of the "As-Built" quantity of the listed item by more than twenty (20%) percent from the
estimated quantity specified in the contract:
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ITEM NO. ITEM
1 Clearing and Grubbing
2 Topsoil, Strip, Salvage and Spread _
3 Subgrade Preparation
4 Subgrade Treatment, Type 1 Geogrid
5 Excavation for Floodwall, Class 20
6 Levee Fill, Contractor Furnished
7 Flowable Mortar
8 Inspection Trench
31 Hydraulic Seeding, Type 1 (Permanent Lawn Mixture)
32 Hydraulic Seeding, Type 4 (Urban Temp. Erosion Control Mixture)
34 Temporary Rolled Erosion Control Products, Type 2.D
35 12-Inch Wattle, Installation
36 12-Inch Wattle, Removal
37 Silt Fence, Installation
38 Silt Fence, Removal of Sediment
39 Silt Fence, Removal of Device
40 Inlet Protection Device, Installation
41 Inlet Protection Device, Maintenance _
6. PERCENT OF CONTRACT TO BE PERFORMED BY PRIME CONTRACTOR
The Prime Contractor shall be required to perform at least 30 percent of the total contract amount
of this project. Purchasing of materials for subcontractors will not be an acceptable method for
the prime contractor to meet the 30 percent requirement.
The establishment of a partnership charter on this project will not change the legal relationship of
the parties to the contract nor relieve the parties from any of the terms of the contract.
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AECOM#60221561 City Contract No.947 Waterloo,Iowa
SECTION 100
EXHIBIT"B"
CITY OF WATERLOO
SPECIFICATIONS FOR DEMOLITION AND SITE CLEARANCE OF
— St. Mary's Church Rectory, East 4th Street and Park Street.
No Regulated asbestos containing materials(Non-RACM)
PART 1 -GENERAL
1.01 CITY REPRESENTATIVES
— The City's Representative for this project is: AECOM.
1.02 DESCRIPTION OF WORK
— Unless directed otherwise in the Contract Documents or by the Project Manager, the Contractor shall:
A. Remove and properly dispose of all trees that are in close proximity of the structure and those that
are marked with orange paint, structures, cement slabs, and driveways, trash, rubbish, basement walls,
floors, foundations, steps, planters, retaining walls, fences, wells, cisterns, landscape features such as
pools and waterers and concrete or asphalt flatwork such as sidewalks, driveways, and the like from the
specified property.
B. Remove any fuel tanks, outdoor toilets and septic tanks, cisterns, meter pits, and plug or abandon wells.
As to cisterns, section 2.14 also applies.
C. Remove the materials from the demolition site in accordance with federal, state and local regulations.
D. Remove and dispose of appliances and other items that may contain refrigerants in accordance with 40
— CFR, Part 82. Appliances and other items that may contain refrigerants include, but are not limited to,
refrigerators, freezers, dehumidifiers and portable or central air conditioners.
E. Remove and legally dispose of mercury-containing materials including fluorescent, high-pressure sodium,
mercury vapor, metal halide light bulbs, and thermostats containing a liquid filled capsule. PCB-
containing materials include capacitors, ballasts, and transformers where the component is contained
within a metal jacket and does not have a specific, legible label stating no PCBs are present.
F. Disconnect all utility services before demolition per Section 2.07.
G. Perform site clearance.
H. Complete the demolition work in accordance with the plans and these technical specifications.
1.03 PROTECTION OF THE PUBLIC AND PROPERTIES
A. Littering Streets
— 1. The Contractor shall be responsible for removing any demolition debris or mud from any street,
alley or right-of-way resulting from the execution of the demolition work. Any cost incurred by the
City in cleaning up any litter or mud shall be charged to the Contractor and be deducted from
_ funds due for the work.
2. Littering of the site shall not be permitted.
3. All waste materials shall be promptly removed from the site.
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B. Street Closure
1. If it should become necessary to close any traffic lanes, it shall be the Contractor's responsibility
to acquire the necessary obstruction permits and to place adequate barricades and warning signs
as required by the City.
2. Street or lane closures shall be coordinated with the appropriate City authority.
C. Protection of the Public by the Contractor. A temporary fence shall be erected around all excavation, —
dangerous building(s) or structure(s) to prevent access to the public unless the City's Project Manager
determines that the site is sufficiently secure without fencing. Such fence shall be at least four feet high,
consistently restrictive from top to grade, and without horizontal openings wider than two inches. The
fence shall be erected before demolition and shall not be removed until the hazard is removed. —
D. Noise Pollution: All construction equipment used in conjunction with this project shall be in good repair
and adequately muffled. The Contractor shall comply with any noise pollution requirements of the City. —
E. Dust Control: The Contractor shall comply with applicable air pollution control requirements of the City's
Representative. The Contractor shall take appropriate actions to minimize atmospheric pollution, and
toward that objective the City's Representative shall have the authority to require that reasonable
precautions be taken to prevent particulate matter from becoming airborne. Such reasonable precautions
shall include, but not be limited to:
1. The use of water or chemicals for control of dusts in the demolition of existing buildings or
structures, construction operations, the grading of roads, or the clearing of land.
2. Covering, at all times when in motion, open-bodied trucks transporting materials likely to give rise —
to airborne dusts.
F. Requirements for the Reduction of Fire Hazards
1. Removal of Material: Before demolition of any part of any building, the Contractor shall remove
all volatile or flammable materials, such as gasoline, kerosene, benzene, cleaning fluids, paints or
thinners in containers, and similar substances. —
2. Fire Extinguishing Equipment: The Contractor shall be responsible for having and maintaining
the correct type and class of fire extinguisher on site. When a cutting torch or other equipment
that might cause a fire is being used, a fire extinguisher shall be placed close at hand for instant —
use.
3. Fires: No fires of any kinds will be permitted in the demolition work area.
4. Hydrants: No material obstructions or debris shall be placed or allowed to accumulate within
fifteen feet of any fire hydrant. All fire hydrants shall be accessible at all times.
5. Debris: Debris shall not be allowed to accumulate on roofs, floors, or in areas outside of and
around any structure being demolished. Excess debris and materials shall be removed from the
site as the work progresses.
G. Protection of Public Utilities: The Contractor shall not damage existing fire hydrants, streetlights, traffic
signals, power poles, telephone poles, fire alarm boxes, wire cables, pole guys, underground utilities, or
other appurtenances in the vicinity of the demolition sites. The Contractor shall pay to repair or replace
any damaged utilities. The Contractor shall pay for temporary relocation of utilities, which are relocated at
the Contractor's request for his convenience. All below-ground utilities that are abandoned as a result of
demolition shall be terminated at least two (2)feet below the finish grade of the site. —
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H. Protection of Adjacent Property
1. The Contractor shall not damage or cause to be damaged any public right-of-way, structures,
parking lots, drives, streets, sidewalks, utilities, lawns or any other property adjacent to parcels
released for demolition whether or not the property is scheduled for future demolition. The
Contractor shall pay to repair or replace any such damage. The Contractor shall provide such
sheeting and shoring as required to protect adjacent property during demolition. Care must also
be taken to prevent the spread of dust and flying particles.
2. The Contractor shall restore existing agricultural drain tiles or roadway sub drains that are cut or
— removed, including drainable backfill, to original condition. Repairs shall be subject to approval
by the property owner where applicable, and by the City's Representative.
1.04 RISK OF LOSS
A. The Contractor shall accept the site in its present condition and shall inspect the site for its character and
type of structures to be demolished. The City assumes no responsibility for the condition of existing
buildings, structures, and other property within the demolition area, or the condition of the property before
or after the solicitation for proposals. No adjustment of proposal price or allowance for any change in
conditions that occur after the acceptance of the lowest responsible, responsive proposal will be allowed.
B. The Contractor acknowledges and understands that any disposal, removal, transportation or pick-up of
any materials not covered under the scope of work shall be at the sole risk of the Contractor. The
Contractor understands that it will be solely responsible for any liability, fees, fines, claims, etc. which may
arise from its handling of materials not covered by the scope of the work.
1.05 PROPERTY OWNERSHIP
A. Title: The property address will be included in the Contract Documents. Following execution of the
contract, and upon issuance of Notice to Proceed with respect to a given property, for the work of
demolition and site clearance on all or any part of the demolition area referenced in the Notice to
Proceed, all rights, title, and interest of the City in and to buildings, structures, fixtures and other personal
property to be demolished and/or removed by the Contractor on part or all of said project area as
described in the Contract Documents and contract addenda thereto, shall be deemed to be vested in the
Contractor. All materials are to be removed and disposed of or salvaged in conformance with these
specifications.
B. Land: No property rights, title, or interest of any kind whatsoever, in or to the land or premises upon
which such buildings or structures stand, is created, assigned, conveyed, granted, or transferred to the
Contractor, or any other person or persons, except only the license and right of entry to remove such
buildings and structures in strict accordance with the Contract Documents. Contractor shall not use the
land or premises, or allow any other party to use the land or premises, for any purpose other than
activities in direct support of the demolition.
1.06 VACATING OF BUILDINGS
The structures identified in the Contract Documents shall be vacated before a Notice to Proceed is issued
and the Contractor begins work. In case the Contractor finds that any structure is not vacated, the
Contractor shall immediately notify the City's Representative and shall not begin demolition or site
—• clearance operations on such property until further directed by the City's Representative. The
Contractor's responsibility for such buildings will not begin until the City's Representative issues a
subsequent Notice to Proceed with Demolition Order. No claim for extension of time or increase in price
will be considered because of occupancy of any buildings. In case such occupancy is prolonged, the City
reserves the right to delete the structure from the work.
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1.07 PERMITS AND FEES
The Contractor shall obtain all the necessary permits and pay all permit fees that are required by the City
or any other governmental authority in conjunction with the demolition work.
1.08 MEASUREMENT AND PAYMENT —
A. Demolition Work: The Contractor shall be paid the lump sum price for demolition as indicated in the
proposal and as approved by the City, and this payment will be full compensation for removal of buildings, —
building materials, contents of buildings, appliances, trash, rubbish, basements, foundations, and steps
from the site; disconnection of utilities; grading of disturbed areas; placing and removing safety fencing;
removal of septic tanks and cisterns; removal or capping of wells; and other work as necessary to
complete the project. —
B. Incidental Items: The Contractor shall provide and pay for all materials, labor, tools, equipment,
transportation, temporary construction, charges, levies, fees, permits and other expenses necessary to
complete this work according to the plans and specifications.
PART 2 -EXECUTION —
2.01 DEMOLITION SCHEDULE
The Contractor shall complete the Project in an expeditious manner and shall commence work within ten —
(10) days after being notified by the City with a Notice to Proceed on the project (excluding any Limited
Notice to Proceed). It is anticipated that the City will issue a Notice to Proceed immediately for purposes of
completing required utility disconnect work. The site shall be completely fenced and secured when left —
unattended. If Contractor is prevented from timely completing the work because of circumstances beyond
the Contractor's reasonable control as determined by the City, the time for completion of the work will be
tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor
does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, —
failure by the Contractor to timely render and perform services hereunder shall constitute a material break
of the Contract.
2.02 SALVAGE OF DEMOLITION MATERIALS
The Contractor shall be allowed to salvage materials from any property on this project. No salvaging shall
occur on the property until after the City of Waterloo has issued a Notice to Proceed for the property. The
Contractor shall assume all expense, risk, and liability for salvaging. It is preferred that the Contractor
remove items to be salvaged from the premises to the Contractor's premises or other private lands for
pick up by other individuals or entities. If the Contractor intends to allow any other individuals or entities —
to enter the property on this project to perform salvaging, the Contractor shall only do so after obtaining
from the third-party salvager a certificate of insurance for general liability with limits of liability of at least
$1,000,000 per occurrence for Bodily Injury and Property Damage. For entities with employees, it shall
include Workers Compensation and Employers Liability Insurance meeting the requirements of the Iowa
Workers Compensation Law covering all of the entity's employees carrying out their work. The Contractor
and the City of Waterloo, Iowa, its officers and employees, shall be named as additional insured on the
third-party salvager's general liability insurance policies and certificates of insurance
2.03 DEMOLITION AND REMOVALS
A. Structural Parts of Buildings
1. No wall or part thereof shall be permitted to fall outwardly from any building except through
chutes or by other controlled means or methods, which will ensure safety and minimize dust, —
noise and other nuisance.
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2. Any part of a building, whether structural, collateral, or accessory, which has become unstable
through removal of other parts, shall be removed as soon as practicable and no such unstable
part shall be left free-standing or inadequately braced against all reasonably possible causes of
collapse at the end of any day's work.
B. Basements and Foundation Walls: Cement slabs and footings or foundations of structures without
basements are to be completely removed. If basements or crawl spaces are present they must be
completely removed and backfilled.
C. Concrete Slabs: The Contractor shall remove all concrete slabs, asphalt, surface obstructions, masonry
slabs and appurtenances, unless otherwise directed.
D. Signs and Landscape Structures: Landscape structures or signs must be removed with the project.
The Contractor shall employ hand labor or other suitable tools and equipment necessary to complete the
work without damage to adjacent public or private property or the items noted above. Where such
Landscape structures or signs are removed, the area shall be graded to match adjacent natural grade
levels or as directed by the City's Representative. The cost of any tree or brush removal due to the
removal and grading out of any landscape structures or signs will be considered incidental and shall be
included in the lump-sum bid for demolition.
E. Fences: Fences, guardrails, and similar facilities shall be completely removed from the site. All posts for
support shall be pulled out or dug up so as to be entirely removed.
F. Partially Buried Objects: All piping, posts, reinforcing bars, anchor bolts, railings and all other partly
buried objects protruding from the ground shall be removed. The remaining void shall be filled with soil
and compacted in accordance with these specifications.
G. Vegetation: The Contractor shall remove all trees, and such other trees, stumps, bushes, vegetation,
-` brush and weeds, whether standing or fallen.
H. Fuel Tanks: If applicable, Fuel tanks, above or below ground, shall be carefully removed and disposed of
in a safe manner in accordance with the State Fire Marshal's regulations and those of the Iowa
Department of Natural Resources.
1. Fuel tanks, above or below the ground, or tanks which have been used for storage of gasoline,
kerosene, benzene, oils or similar volatile materials shall be carefully removed and disposed of in
a safe manner.
2. All other tanks or receptacles shall be pumped out or emptied in a safe manner, and then shall be
flushed out immediately with water, carbon dioxide or nitrogen gas until they are gas-free when
checked with a "Explosimeter" or another equally efficient instrument, before the work of removal
is begun. Checking with the "Explosimeter" shall be done in the presence of the City's
Representative by competent personnel.
2.04 WELL PLUGGING AND ABANDONMENT
If applicable, all drilled wells shall be plugged and abandoned in accordance with Iowa Code § 455B.190 and
Iowa Administrative Code title 567, chapter 39. An Iowa Department of Natural Resources, Abandoned Water
Well Plugging Record shall be filed upon completion of the well abandonment. All sand point wells shall be pulled
out of the ground, or if unable to be pulled, shall be plugged in accordance with Iowa Code.
2.05 DISPOSAL OF DEMOLITION DEBRIS AND SOLID WASTE
A. Acknowledgement: The Contractor acknowledges, represents and warrants to the City that it is familiar
with all laws relating to disposal of the materials as stated herein and is familiar with and will comply with
all applicable guidelines, requirements, laws, regulations, of any federal, state or local agencies or
authorities. The Contractor acknowledges and understands that any disposal, removal, transportation or
pick-up of any materials not covered under the scope of work or not in compliance with these
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specifications shall be at the sole risk of the Contractor. The Contractor understands that it will be solely
responsible for any liability, fees, fines, claims, etc., which may arise from its handling of materials not —
covered by the scope of work or not in compliance with these specifications.
B. Debris: All materials, rubbish, and trash shall be removed from the demolition area leaving the
demolition area free of debris. Any cost incurred by the City in cleaning up such materials and debris left
behind shall be deducted from funds due the Contractor under this contract.
C. Tires, Household Hazardous Waste, White Goods and Electronics: Tires, household hazardous —
waste (HHW) (which includes propane tanks, paint, pesticides and other materials that are restricted
items for disposal in municipal landfills), white goods (which include household appliances such as
washers, dryers, refrigerators, stoves, dishwashers, heaters, hot water heaters, etc.) and electronics (e-
waste) will be first segregated from the structures and transported to an appropriate disposal site. The —
Black Hawk County Landfill will not accept HHW, so an alternative disposal site must be proposed.
These wastes may be segregated in the field and hauled in concentrated loads. The Contractor shall visit
the site to determine the number of tires that have been abandoned on site. If any additional tires are —
deposited on site prior to commencing demolition activity, the Contractor shall immediately notify the
City's Representative of the quantity of additional tires so a change order can be prepared for additional
removal. A change order will only be considered if the Contractor identified the number of abandoned
tires on the site in the bid tabulation. —
D. Disposal of Demolition Debris and Solid Waste:
1. All debris and solid waste shall be delivered by the Contractor to the Black Hawk County Landfill.
The Contractor shall be responsible to pay all fees for waste disposal. The Contractor shall
submit to the City's Representative copies of all disposal tickets for entire project. The cost of all
disposal fees shall be considered incidental to the demolition. —
2. All loads shall be secured while in transit, and all trucks used for disposal shall have a solid metal
tailgate. Tarps and netting shall be used to prevent loss or dispersal of debris during transit and
to minimize the threat of harm to the general public, private property and public infrastructure.
E. Reserved
F. Freon Removal and Disposal: The handling of Freon-containing appliances is subject to all applicable
state and federal mandates and regulations. The Contractor shall be responsible for the identification and
removal and disposal of the material in accordance with applicable regulations. All costs associated with
said removal and disposal shall be considered incidental and shall be included in the lump sum bid for —
demolition.
G. PCB and Mercury Removal and Disposal: The handling of any fluorescent lighting fixtures and ballasts —
containing PCB or mercury is subject to all applicable state and federal mandates and regulations. The
Contractor shall be responsible for the removal and disposal of the material in accordance with applicable
regulations. All costs associated with said removal and disposal shall be considered incidental and shall
be included in the lump sum bid for demolition. —
2.06 Final Cleaning Up:
A. Before acceptance of the demolition work, the Contractor shall remove all unused material and rubbish
from the site of the work, remedy any objectionable conditions the Contractor may have created on
private property, and leave the right-of-way in a neat and presentable condition. The Contractor shall not
make agreements that allow salvaged or unused material to remain on public or private property at or '—
adjacent to the project area. All ground occupied by the Contractor in connection with the work shall be
restored. Restoration shall include grading and erosion control that meets applicable standards and
regulations. —
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B. Final cleaning up shall be subject to approval of the City's Representative and in accordance with
applicable regulations. All pieces, parts, scraps, debris, rubbish, wood or organic materials from
demolition activities shall be cleaned up and removed from the premises on a weekly basis. Final
-- cleanup after a structure is demolished shall include complete and thorough removal from the premises of
all parts or pieces of the building, its contents and its furnishings, including all debris, organic materials,
rubbish, wood, concrete and masonry rubble. All hazardous open pits and recesses shall be securely
fenced.
2.07 UTILITY DISCONNECTIONS
The Contractor shall be responsible for coordinating with private utility companies for disconnection of services,
including, but not limited to, electricity, natural gas, cable television, phone and internet.
A. Sanitary Sewer Service Disconnection: All sanitary sewer services shall be disconnected before
demolition work begins and plugged in conformance with requirements of the City. The Contractor shall
not backfill the area prior to inspection by the Waterloo Building Inspections Department. Contractor may
contact the Waterloo Building Inspections Department for requirements to comply with this specification.
B. Water Service Disconnection: All water services and stubs for the buildings or properties within the
demolition work shall be disconnected before demolition work begins in conformance with the
requirements of the City. The Contractor shall not backfill the area prior to inspection by Waterloo Water
Works. Contractor may contact the Waterloo Water Works for requirements to comply with this
specification.
C. Backfill and Compaction within City Right-of-Way:
1. Streets: The Contractor shall backfill, compact as specified and patch the surface of all
excavations made in streets. The Contractor shall pay the cost.
2. Public Right-of-Way: All areas within the public right-of-way (including parking and sidewalk
areas) shall be compacted.
3. Basements: Shall be backfilled with clean fill according to SUDAS specs.
2.08 EROSION CONTROL
All sites:
1. Control off-site vehicle track out(stabilized entrance)
2. Controls at downslope perimeter:
a. Prevent sediment from reaching neighboring properties or drainage infrastructure; this can be
done through vegetative buffers, silt fence or wattles depending on setting
b. Protect on-site or adjacent storm water intakes as needed, typically done with filter sock or
inlet bag
c. Stabilize after completion
For any Sites over one acre of disturbance:
1. Meet all requirements stipulated above
2. Develop a storm water pollution prevention plan and submit to city engineer's office for approval
3. Attain GP2 authorization from the Iowa DNR
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4. Comply with all requirements of GP2 and City of Waterloo municipal code of ordinances 8-4B:
Construction Site Erosion and Sediment Control, including completion of weekly site inspections —
5. Contact city engineers office for pre-construction inspection prior to land disturbance
6. Contact city engineers office for post-construction inspection prior to permit closure --
2.09 SAFETY AND FENCING
A. Safety: The Contractor shall comply with all applicable current federal, state and local safety and health
regulations.
B. Safety Fencing: The Contractor shall furnish and place a safety fence around the site adequate enough to secure the demolition site, including any resulting debris or excavation, and to prevent pedestrian
access.
C. Demolition Techniques: The Contractor shall employ good demolition techniques, which includes, but
is not limited to:
1. Using demolition techniques that minimize ground disturbance. All trees and shrubs shall be —
removed from entire site.
2. Maintaining the practice of keeping personnel at a safe distance from demolition activities.
3. Loading the materials with techniques to maintain a sufficient distance from personnel to reduce
excessive exposure to airborne material.
4. Tarping loads and otherwise preventing material from becoming airborne during hauling.
5. Manual cleaning of the demolition site to remove all materials from the site.
Contractor shall be responsible for providing protective gear and equipment to its agents and employees
and for ensuring its proper utilization.
2.10 AUTHORIZED WORKERS
Only the Contractor and its employees are allowed to demolish, dismantle, detach or dispose of any part
of the demolition structure or its contents. Other individuals or entities that the Contractor intends to allow
to salvage materials shall only be allowed on the premises after fully satisfying the insurance
requirements specified in Section 2.02 above.
2.11 DAILY CLEAN UP OF RIGHT-OF-WAY AND PRIVATE PROPERTY
At the end of each workday, the Contractor shall clean sidewalks, streets, and private property of any
debris caused by the demolition operation.
2.12 RESERVED
2.13 EQUIPMENT
1. The Contractor shall be equipped with the normal tools of the trade and shall furnish all labor, tools,
and other items necessary for and incidental to executing and completing all required work. -'
2. All equipment and vehicles utilized by the Contractor shall meet all the requirements of federal, state
and local regulations, including, without limitation, all US DOT, Iowa DOT and safety regulations, and
are subject to approval of the City. All loads must be secured and tailgates must be used on all
loads. Sideboards must be sturdy and may not extend more than two feet above the metal sides of
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the truck or trailer. Trucks shall carry a supply of absorbent to be used to pickup any oil spilled from
loading or hauling vehicles.
3. Contractor shall submit copies of the landfill tickets generated during project to the Project Manager
that identifies the disposal site (Black Hawk County Landfill — refer to 2.05 (D) Disposal of Demolition
Debris and Solid Waste) to which the materials were delivered. Such tickets shall be required to
process billing statements by the Contractor.
2.14 ARCHAEOLOGY
-- In the event that archaeological deposits (soils, artifacts and features, including cisterns, privies and the
like), or other remnants of human activity are uncovered, or if archaeological deposits are found during
demolition, the project will be halted immediately in the vicinity of the discovery, and the Contractor will
take reasonable measures to avoid or minimize harm to finds. The Contractor will inform the Project
Planner who will in turn notify the City. The City will then inform the State Historical Society of Iowa
(SHSI) immediately. Work in the sensitive area cannot resume until a qualified archaeologist determines
the extent of the discovery, consultations between SHSI are complete, and the City has been notified by
-�- SHSI.
2.15 PRICING
This is a lump sum contract; all bids bid components are on a "not to exceed" basis. Change orders,
additions, deletions and any other changes in the scope of work, will take the form of written amendments
mutually agreed to by Contractor and City. In the case of mathematical errors, transposition of figures
and the like, actual bid tabulation totals will take precedence over summary bid figures.
2.16 PROPERTY DAMAGE
The Contractor shall be responsible for all damages to public and private property. The Contractor shall
be responsible for having at least one person of authority and responsibility at the job site, and shall keep
a report of all damage. If public or private property is damaged by the Contractor and is not repaired in a
timely manner as determined by the City, the City has the ption of having the damage repaired at the
Contractor's expense to be reimbursed to the City, withheld from future payments of the Contractor, or
paid from the performance bond.
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GENERAL SPECIFICATIONS FOR CONSTRUCTION
CITY OF WATERLOO, IOWA
Department of Engineering
SECTION A- Definitions of Terms
SECTION B -Scope of work
SECTION C -Control of Materials and Work
SECTION D - Procedure and Progress
SECTION E - Measurements and Payments
SECTION F - Legal Relations and Responsibility
SECTION A- DEFINITIONS OF TERMS
1. CITY. The City of Waterloo, Iowa, which is the Party of the First Part of the
accompanying contract, acting through its authorized representative.
--- 2. COUNCIL. The duly elected Council of the City of Waterloo, Iowa.
3. ENGINEER. The City Engineer of Waterloo, Iowa, or his authorized representative.
4. INSPECTOR. The authorized representative of the Engineer, assigned to the detailed
inspection of the work or materials therefor and to such other duties as may be delegated to him in these
specifications.
5. CONTRACTOR. The Party of the Second Part in the accompanying contract for the
improvement covered by these specifications, or his authorized representative.
6. SUBCONTRACTOR. Any person, firm, or corporation who has, with the approval of the
Council, contracted with the Contractor to execute and perform in his stead all or any part of the contract.
-.. 7. BIDDER. Any individual, firm, or corporation submitting a proposal for all or a part of the
work provided for in these specifications.
8. PROPOSAL GUARANTEE. The security designed in the Notice of Bidders or Proposal
to be furnished by the bidder as a guarantee of good faith to enter into a contract and furnish an
acceptable bond for the work contemplated if it be awarded him.
9. SURETY. The corporate body bound with and for the Contractor for the acceptable
performance of the contract.
10. PROPOSAL. The written Proposal, submitted by the bidder in the prescribed manner
and on the standard form, for the improvements covered by these specifications.
11. SPECIFICATIONS. The documents that set forth the manner in which the proposed
work is to be accomplished which have been prepared by the Engineer and approved by the City Council,
official copies of which are now on file with the City Clerk.
12. SPECIAL PROVISIONS. Clauses or memoranda not contained herein, applying to the
contract of which these specifications are a part, which change or supplement these specifications.
13. CONTRACT. The agreement entered into between the City and the Contractor, setting
forth the terms under which the work covered by the plans and specifications is to be performed. The
contract includes all conditions, definitions, and instructions set forth in the official publications relating to
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the work, the official contract and specifications, the Proposal, official plans, and all supplemental _
agreements entered into by the parties to the contract.
14. NOTICE TO BIDDERS. The notice called attention of bidders to the time and place for
receiving bids, containing a brief description of the work, and briefly setting forth the requirements and
conditions for submission of Proposals.
15. INSTRUCTIONS TO BIDDERS. The clauses setting forth in detail the information
relative to the proposed work and requirements for the submission of Proposals.
16. PLANS. The plans for the improvement covered by the specifications and approved by
the Council, official copies of which are on file with the City Clerk.
17. CONTRACT BOND. The bond executed by the Contractor and his surety in favor of the
City of Waterloo, Iowa, guaranteeing the complete execution of the contract in accordance with the plans
and specifications, the payment of all debts pertaining to the work, and maintenance of the work as
provided by law or by the specifications.
18. CONTRACT PERIOD. The period from the specified date for beginning the work to the —
specified date of completion, both dates inclusive. The contract period may be extended by the Council,
as provided in these specifications, in which event the contract period includes the new date of
completion.
19. OFFICIAL PUBLICATIONS. The official publications are the formal resolutions and
notices relative to the proposed improvement that are required by law to be published in a prescribed
manner and that have actually been published in accordance with the statutes relating thereto. Attention
is directed to the fact that these official publications are by statute vested with all of the force and effect of
contract obligations.
20. A.S.T.M. Abbreviation for American Society for Testing Materials.
21. WORK. The term "Work" of the Contractor and Subcontractor includes labor or materials
or both, equipment, transportation, or other facilities necessary to complete the contract. --
22. TIME. All time limits stated in the contract documents are of the essence in the contract.
SECTION B -SCOPE OF WORK
1. CORRELATION AND INTENT OF DOCUMENTS. The Contract documents are
complementary, and what is called for by any one shall be as binding as if called for by all. The intention
of the documents is to include all labor, materials, equipment, and transportation necessary for the proper
execution of the work. Materials or work described in words which, so applied, have a well-known
technical or trade meaning shall be held to refer to such recognized standard.
2. DRAWINGS AND SPECIFICATIONS. Unless otherwise provided in the contract
documents, the engineer shall furnish to the Contractor, free of charge, all copies of drawings and
specifications reasonably necessary for the execution of the work.
The Contractor shall keep one (1) copy of all drawings and specifications on the work available to
the Engineer and to his representatives.
3. CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the Contractor
has, by careful examination, satisfied himself as to the nature, character and location of the work, the --
conformance to the ground, the character, quality, and quantity of the materials to be encountered, the
character of the equipment and facilities needed preliminary to and during the prosecution of the work,
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the general and local conditions, and all other matters which can, in any way, affect the work under this
contract. No verbal agreement or conversation with any officer, agent, or employee of the City, either
before or after the execution of the Contract, shall affect or modify any of the terms or obligations herein
contained.
4. REPORTING ERRORS AND DISCREPANCIES. If the Contractor, in the course of the
work, finds any discrepancies between the plans and the physical conditions of the locality, or any errors
of omission in plans or in the layout as given by said stakes and instructions, it shall be his duty to inform
the Engineer immediately, in writing, and the Engineer shall promptly correct the same.
5. ALTERATION OR CORRECTION OF PLANS. The plans are made up from surveys
that are presumably correct and represent the foreseen construction requirements. Any modification of
the plans which may be required by the exigencies of the construction or any corrections made necessary
because of errors in the original surveys will be made by the Engineer. Should corrections or
modifications of the plans or 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 arbitration before such changed work is undertaken. All such work shall be executed
under the conditions of the original contract, except that any claim for extension of time caused thereby
shall be adjusted at the time of ordering such change.
7. INCREASED OR DECREASED QUANTITIES. The right is reserved without impairing
the contract, to order the performance of such work of a class not contemplated in the Proposal or to
increase or decrease the quantities as may be considered necessary to complete fully and satisfactorily
the work included in the contract. However, when the work is completed without change in the plans, and
the measured quantity of any item of work varies by more than twenty percent (20%) from the estimated
quantity specified in the contract, an adjustment in price may be made for such item of work by
agreement between the Engineer and the Contractor, subject to the approval of the City Council. Either
party to the contract may request such an adjustment.
8. LANDS AND RIGHT OF WAY. The City shall provide the lands upon which the work
under this contract is to be done, except that the Contractor shall provide land required for the erection of
temporary construction facilities and storage of his material, together with the right of access to same.
9. CITY WATER. The Contractor shall be allowed to use City Water but before any water is
used, he shall make application to the Waterloo Water Works for a temporary water connection from a fire
hydrant or by some other connection method. Water usage will be charged at the rate for temporary
water service. The rules, regulations, and water rates are available at the Waterloo Water Works offices
at 325 Sycamore Street or their telephone number is 319-232-6280.
10. RIGHTS OF VARIOUS INTERESTS. Whenever work being done by the City's forces or
by other Contractors is contiguous to work covered by this contract, the respective rights of the various
interests involved shall be established by the Engineer to secure the completion of the various portions of
the work in general harmony.
11. CLOSING STREETS TO TRAFFIC. The Engineer shall be the judge of how many
streets or parts of streets it is necessary for the Contractor to close at any time and may refuse to permit
the closing of additional streets until such of the work is finished and opened to traffic as he may direct.
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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 WORK --
1. SUPERVISION AND INSPECTION. The Engineer shall have supervision of the
construction provided for in this Contract and shall decide any and all questions which may arise as to the _
quality and acceptability of materials furnished, work performed, manner of performance, rate of progress
on the work, and all questions regarding the acceptable fulfillment of the terms of the Contract. Materials
and construction work shall, at all times, be subject to the inspection of the Engineer or his
representatives. The Contractor shall be held strictly to the true intent of these specifications as regards the quality of materials, workmanship, and the diligent prosecution of the work.
The Engineer and his representatives shall, at all times, have access to the work wherever it is in _
preparation of progress, and the Contractor shall provide proper facilities for such access and for
inspection.
If the specifications, the Engineer's instructions, law ordinances, or any public authority require any work and/or materials to be especially tested or approved, the Contractor shall give the Engineer
timely notice of readiness for inspection. If the inspection is to be made by authority other than the
Engineer, the Contractor shall notify the engineer of the date fixed for inspection. Inspections by the
Engineer will be promptly made and, where practicable, at the source of supply. If any work should be
covered up without the approval or consent of the Engineer, it must, if required by the Engineer, be
uncovered for examination at the Contractor's expense.
Re-examination of questioned work may be ordered by the Engineer, and, if so ordered, the work
must be uncovered by the Contractor. If such work be found in accordance with the Contract, the City
shall pay the cost of re-examination and replacement. If such work be found not in accordance with the
Contract, the Contractor shall pay such cost unless he shall show that the defect in the work was caused
by another Contractor, and, in that event, the City shall pay the cost.
2. AUTHORITIES AND DUTIES OF INSPECTORS. Inspectors may be stationed on the —
work to report to the Engineer as to the progress of the work and the manner in which it is being
performed; also, to report whenever it appears that materials furnished and work performed by the
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Contractor fail to fulfill the requirements of the specifications and Contract, and to direct the attention of
the Contractor to such failure or infringement; but such inspection shall not relieve the Contractor from
any obligations to furnish acceptable materials or to provide completed construction that is satisfactory in
every particular.
In case of any.dispute arising between.the Inspector and the Contractor as to materials furnished
or the manner of performing the work, the Inspector shall have the authority to reject materials or suspend
the work until the question at issue can be referred to and decided by the Engineer. Inspectors are not
authorized to revoke, alter, enlarge, relax, or release any requirements of these specifications. The
Inspector shall, in no case, act as foreman or perform other duties for the Contractor, or interfere with the
management of the work by the latter.
3. STATUS OF THE ENGINEER. The Engineer shall have general supervision and
direction of the work. He has authority to stop the work whenever such stoppage may be necessary to
insure the proper execution of the Contract. He shall also have authority to reject any work and/or
materials which do not conform to the specifications, to direct the application of forces to any portion of
the work as, in his judgment, is required, and to order the force increased or diminished, and to decide
questions which arise in the execution of the work.
4. ENGINEER'S DECISIONS. The Engineer shall, within a reasonable time, make
decisions on all claims of the Contractor and on all other matters relating to the execution and progress of
the work or the interpretation of the contract documents.
All such decisions of the Engineer shall be final except as to the element of time and financial
consideration involved, which, if no agreement in regard thereto is reached, shall be subject to arbitration.
5. STAKES AND INSTRUCTIONS. The Contractor shall provide reasonable and
necessary opportunities and facilities for setting stakes and making measurements. The Contractor shall
not furnish stakes or men to set them. He shall not proceed until he has received from the Engineer such
stakes and instructions as may be necessary to the progress of the work.
The Contractor shall carefully preserve bench marks, reference points, and stakes, and in case of
willful or careless destruction, he shall be charged with the resulting extra expense and shall be
responsible for any mistakes that may be caused, by their loss or disturbance.
6. SUPERINTENDENCE. The Contractor shall keep on his work during its progress a
competent superintendent and any necessary assistants, all satisfactory to the Engineer. The
Superintendent shall not be changed except with the consent of the Engineer, unless the Superintendent
proves to be unsatisfactory to the Contractor and ceases to be in his employ. The Superintendent shall
represent the Contractor in his absence, and all directions given to him shall be as binding as if given to
the Contractor. Important decisions shall be confirmed in writing to the Contractor. Other directions shall
be so confirmed on written request in each case.
The Contractor shall give efficient supervision to the work using his best skill and attention. He
shall carefully study and compare all drawings, specifications, and other instructions, and shall report at
once to the Engineer any error, inconsistency, or omission which he may discover.
7. REMOVAL OF UNAUTHORIZED WORK. Work done without lines and grade being
give, work done beyond lines shown on the plans or as given, except as herein provided, or any extra or
additional work done without authority, will be considered as unauthorized and at the expense of the
Contractor and will not be paid for under the provisions of the Contract. Work so done may be ordered
removed and replaced at the Contractor's expense.
8. REMOVAL OF DEFECTIVE MATERIALS OR WORK. The Contractor shall promptly
remove from the premises all materials condemned by the engineer as failing to conform to the Contract;
whether incorporated in the work or not, and the Contractor shall promptly replace and re-execute his
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own work in accordance with the contract and without expense to the City, and shall bear the expense of ....
making good all work of other Contractors destroyed or damaged by such removal or replacement.
If the Contractor does not remove such condemned work and materials within a reasonable time,
fixed by written notice, the City may remove them and may store the material at the expense of the —'
Contractor. If the Contractor does not pay.the expense of such removal within a reasonable time
thereafter, the City may, upon ten (10) days' written notice, sell such materials at auction or at private sale
and shall account for the net proceeds thereof, after deducting all the costs and expense that should have ._
been borne by the Contractor; or, if the net proceeds of such sale are insufficient to pay the expenses of
removal, the City may deduct the balance from any amounts due the Contractor.
9. MATERIALS, EQUIPMENT, APPLIANCES, AND FACILITIES. Unless otherwise
stipulated, the Contractor shall provide and pay for all materials, labor, water, tools, equipment, light,
power, transportation, and other facilities necessary for the execution and completion of the work.
Materials shall be of the quality specified for each particular part of the work. _
Whenever, in construction of the work or in the manufacture of any article of appliance necessary
for the construction or operation of the work, it is necessary to use any material that is not fully specified
in these specifications, it shall be of good quality and shall meet with the approval of the Engineer.
Any appliance that is necessary for the construction or operation of the work and is commonly
recognized as a part of the work, shall be furnished by the Contractor as part of the work, whether or not
it is specifically called for in the plans and specifications, and such appliance shall be of good quality and
standard make and shall meet with the approval of the Engineer.
10. MATERIAL SAMPLES. Before the contract is awarded, the bidder may be required to
furnish a statement of the origin, composition, and manufacture of any and all materials proposed for use
in the performance of the Contract, together with samples of the material. These samples will be
considered as representative and typical of the material to be obtained from any particular source.
11. CHARACTER OF WORKMEN AND EQUIPMENT. The Contractor shall employ
competent and efficient workmen for every kind of work. Any person employed on the work who shall
refuse or neglect to obey the directions of the Engineer or Inspector, or who shall be deemed incompetent --
or disorderly, or who shall commit trespass upon public or private property in the vicinity of the work, shall
be dismissed when the Engineer so orders, and shall not be re-employed unless express permission be
given by the Engineer. The Contractor shall, at all times, enforce discipline and good order among his
employees.
The methods, equipment, and appliances used on the work, and the labor employed, shall be
such as will produce a satisfactory quality of work and shall be adequate to complete the contract within --
the specified time limit.
12. HIRING CITY EMPLOYEES. The Contractor shall not employ and hire any of the City's _
employees without the permission of the Engineer.
13. LABOR. Local labor shall be given preferences so far as practicable.
14. THE CITY'S RIGHT TO DO WORK. If the Contractor should
neglect to prosecute the work properly or fail to perform any provision of this Contract, the City of
Waterloo, after three (3) days' written notice to the Contractor may, without 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.
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AECOM#60221561 City Contract No.947 Waterloo,Iowa
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 and 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 arbitration; or by any cause which the Engineer shall decide justifies the delay, then the
time of completion shall be extended for such reasonable time as the Engineer may decide will
compensate for such delay.
No such extension shall be made for delay occurring more than thirty (30) days before claim
therefor is made in writing to the Engineer. In the case of a continuing cause of delay, only one claim is
necessary.
This article does not exclude the recovery of damages for delay by either party under provisions
in the contract documents.
5. TEMPORARY SUSPENSION OF WORK. The Engineer shall have authority to suspend
the work, wholly or in part, for such period or periods of time as he may deem necessary, due to
unsuitable weather or such other conditions as are considered unfavorable for the suitable prosecution of
— the work, or for such time as is necessary due to the failure to the Contractor to carry out orders given or
to perform any or all provisions of the Contract.
6. NOTICES - HOW SERVED. Any notice to be given by the City to the Contractor under
this contract shall be deemed to be served if the same be delivered to the man in charge of any office
used by the Contractor or his foreman or agent at or near the work, or deposited in the post office,
postpaid, addressed to the Contractor at his last known place of business.
7. PROGRESS OF WORK. The progress of the work shall be such that, at the expiration of
one-fourth (1/4) of the contract period, one-eighth (1/8) of the work shall be completed; at the expiration of
one-half (1/2) of the contract period, three-eighths (3/8) of the work shall be completed; at the expiration
of three-fourths (3/4) of the contract period, the work shall be three-fourths (3/4) completed, and the
whole work shall be completed at the expiration of the contract period.
If, at any time the above schedule is not being maintained, the Council may give written notice to
the Contractor and his sureties that the specifications are not being complied with. Such notice shall
state what action on the part of the Contractor is required to bring the work within the requirements of the
specifications. If the Contractor fails, within ten (10) days, to proceed as directed in the said notice, then
the Council shall have authority to annul this contract without process or action at law and take over the
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prosecution and completion of the work, as provided under the article covering City's right to terminate —
contract.
8. CITY'S RIGHT TO TERMINATE CONTRACT. If the Contractor should be adjudged a
bankrupt; or if he should make a general assignment for the benefit of this creditor; or if a Receiver should be appointed on account of his insolvency; or if he should persistently-or repeatedly refuse or should fail,
except in cases for which extension of time is provided, to supply enough skilled workmen or proper
materials; or if he should fail to make prompt payment to Subcontractors or for materials or labor; or if he
should persistently disregard laws, ordinances, or the instructions of the Engineer; or if he should
otherwise be guilty of a substantial violation of any provision of the contract, then the City, upon the
certificate of the Engineer that sufficient cause exists to justify such action, may, without prejudice to any
other rights or remedy, and after giving the Contractor seven (7) days' written notice, terminate the
employment of the Contractor and take possession of the premises and of all materials, tools and
appliances thereon and finish the work by whatever method he may deem expedient. In such cases, the
Contractor shall not be entitled to receive any further payment until the work is finished.
If the unpaid balance of the contract price shall exceed the expenses of finishing the work,
including compensation for additional managerial and administration services, such excess shall be paid
to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the "-
difference to the City. The expense incurred by the City as herein provided and the damage incurred
through the Contractor's default shall be certified by the Engineer.
9. REMOVAL OF EQUIPMENT. In the case of annulment of this contract before
completion, from any cause whatsoever, the Contractor, if notified to do so by the City; shall promptly
remove any part or all of his equipment and supplies from the property of the City, failing which, the City
shall have the right to remove such equipment and supplies at the expense of the Contractor.
SECTION E - MEASUREMENTS AND PAYMENT
1. STANDARD OF MEASUREMENT. All work completed under the contract shall be
measured by the Engineer according to the United States standard measures.
2. SCOPE OF PAYMENTS. The Engineer's measurements of quantities shall be the basis
for final payment for the work performed under this Contract. After the work is completed, the Engineer
will make measurements and computations of the number of units of each of the various items of work
completed, and the Contractor will be paid for the actual amount of work performed at the rates specified
in his Proposal. Before final settlement is made, the Council may require the Contractor to submit a list of
all persons furnishing labor or materials, with evidence that such persons have been paid in full. Payment
shall be made in the manner set forth in official publications and Council Proceedings relative thereto.
3. PAYMENT FOR EXTRA WORK. Such extra work as may have been ordered by the
Engineer and performed by the Contractor shall be compensated for as provided herein. If work is to be
done or materials are to be furnished by the Contractor which cannot properly be classified under unit
prices included in the Proposal, the Contractor shall be paid therefor the actual reasonable cost of the
labor and materials entering permanently in such work, plus fifteen percent (15%) of the cost thereof. In
computing the labor cost on such extra work, the following items shall be included: --
(a) Actual payroll expenditures for labor at the current rate therefor, and cost of
materials.
(b) Pay of foreman and timekeepers for actual time required on the extra work.
(c) Liability insurance, prorated, for the extra work. —
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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.
-- In no case will a claim for extra compensation be allowed unless the work upon which the claim is
based has been ordered in writing, except as provided hereinafter.
4. CLAIMS FOR EXTRA COST. If the Contractor claims that any instructions, by drawings
or otherwise, involved extra cost under this contract, he shall give the Engineer written notice thereof
within ten (10) days after completion of the work.
-- No such claim shall be valid unless so made.
5. CLAIMS FOR EXTRA COMPENSATION. If the Contractor deems that extra
compensation is due him for work and/or materials that he considered is not clearly covered in the items
for which he submitted unit prices in his bid and that were not ordered in writing by the Engineer as an
extra s heretofore provided, the Contractor shall notify the Engineer, in writing, of his intention to make
claim for extra compensation for work and/or material before starting construction. If such written
notification is not given or the Engineer is not afforded proper facilities by the Contractor for keeping strict
account of actual cost as defined herein, then the Contractor hereby agrees to waive the claim for extra
compensation. Such notice to the engineer and the fact that the Engineer has kept account of cost as
aforesaid, shall not in any way be construed as proving the validity of the claim, which must be passed
upon by the Council. In the event that the Council finds the claim to be just, it shall be allowed and paid
for as extra work as provided herein.
-- 6. COMPLETION REPORT AND OBJECTIONS THERETO. Within ten (10) days after the
full completion of the work to be done under this contract, the Engineer shall make a written statement of
all the work done by the Contractor hereunder, stating the quantity of each item as found by him and
_ including a statement of all credits for extra work and all credits or debits for changes, alterations,
omissions, and defects, and shall forthwith deliver a copy of such statement to the Contractor. The
Contractor shall compare such statement with his own records and shall then, in writing, either approve
such statement or point out any claimed errors or omissions. If any of such claims are found correct, the
-- Engineer shall, within ten (10) days, prepare a new statement, a copy of which shall in like manner be
delivered unto the Contractor. The Engineer will not file a formal completion report with the City until the
Contractor has approved the same.
If the figures of the Engineer and the Contractor cannot be reconciled, or there is a difference of
opinion regarding some item or items, then such difference of opinion shall be submitted to arbitration as
hereinafter provided, and the decision of the arbitrator or arbitrators shall be final, and the Engineer shall,
within a period of five (5) days, file his completion report.
Before action by the City Council upon such completion report, the Contractor shall also file a
written statement of any claims he may have against the City, other than those shown by such completion
report, growing out of this contract or the work done hereunder. The City shall retain ten percent(10%) of
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the amount due the Contractor on the completion report for a period of thirty (30) days. If no claims are _.
filed against the Contractor within thirty (30) days, the final ten percent (10%) shall then be paid to the
Contractor.
7. WAIVER. By the execution of this contract, the Contractor agrees that any objections he
may have to the statement of the amount of work done hereunder included by the Engineer in this
completion report, and any claims of the Contractor against the City growing out of this contract and the
work done hereunder which are not stated in writing in the manner and within the time provided in
Article 6, Section E hereof, shall be waived, and no such claim shall thereafter be asserted against the
City.
SECTION F -LEGAL RELATIONS AND RESPONSIBILITIES
1. LAWS RELATING TO WORK. The Contractor is presumed to be familiar with all laws,
ordinances, and regulations which may, in any manner, affect those engaged or employed upon the work
or the materials or equipment used in or upon the work, and shall conduct the work so as not to conflict
with such laws, ordinances, and regulations.
2. PROTECTION OF WORK AND PROPERTY. The Contractor for any part of the
improvement shall be held responsible for the care of materials and of partially completed and completed
work until final acceptance of the same by the Council. He will be required to make good at his own
expense any damage which the work may sustain from any cause prior to the filing of the engineer's
certificate of completion. He shall take all risk from floods and casualties of every description and make
no charge for delay due to such cause. He may, however, be allowed a reasonable extension of time on
account of such delays. He shall correct or make good at his own expense all damages to adjacent
property due to the acts or negligence of his employees of the prosecution of his work, and save the City
harmless therefor.
The Contractor shall be held liable and responsible for all damages done to water, sewer, drain,
or other underground pipes and structures, and to sidewalks and private property.
3. RESPONSIBILITY FOR ACCIDENTS. The Contractor shall assume full responsibility for all damages sustained by persons or property due to the carrying on of his work until final acceptance
thereof, or until released by the Engineer in writing.
4. LIABILITY INSURANCE. The Contractor shall carry liability insurance which shall save
the City harmless and protect the public and any person from injury sustained by the reason of the
prosecution of the work or the handling or storing of materials therefor, and said Contractor shall also
carry liability insurance which shall meet the requirements of the Iowa Worker's Compensation Law. —
Before work shall be started on this contract, the Contractor shall furnish the City Clerk with
proper affidavit or Affidavits executed by representatives of duly qualified insurance companies,
evidencing that said insurance company or companies have issued liability insurance policies, effective
during the life of the contract, or for a period of a least ten (10) days following the filing of written notice of
cancellation, protecting the public and any person from injuries or damages sustained by reason of
carrying on the work involved in the Contract. The affidavit shall specifically evidence the following forms of insurance protection:
(a) Public liability insurance covering all operations performed by persons directly employed
by the Contractor.
(b) Public liability insurance covering all operations performed by any Subcontractor to whom
a portion of the work may have been assigned. —
GENERAL SPECS GS-10 of 13 F.Y.2020 Virden Creek Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo,Iowa
(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:
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, and AECOM Technical Services, Inc.,
named as an "Additional Named Insured". A certificate, or a policy if requested, shall be filed with the
Owner.
All certificates and/or policies of insurance furnished by the Contractor to be filed with the City
Clerk shall include the name and address of the agency issuing the same. It shall also be required that
the City Clerk be notified by registered mail of the cancellation or expiration of the above insurance.
5. BARRICADES AND SIGNS. The Contractor shall, at his own expense and without
further or other order, provide, erect, and maintain, at all times during the progress and suspension of the
work and until completion and final acceptance thereof, suitable and requisite barricades, signs, or other
adequate protection, as required by the latest edition of the "Iowa Manual on Uniform Traffic Control
Devices for Streets and Highways" and shall provide, keep, and maintain such barricades, signs, etc., as
may be required or as may be ordered by the City Engineer, to insure the safety of the public as well as
those engaged on the work. All barricading plans shall be approved by the City Engineer.
6. ROYALTIES AND PATENTS. The Contractor shall pay all royalties and license fees.
He shall defend all suits or claims for infringement of any patent rights and shall save the City harmless
from loss on account thereof, except that the City shall be responsible for all such loss when a particular
process or the product of a particular manufacturer is specified.
7. PERMITS AND REGULATIONS. Permits and licenses of a temporary nature for the
prosecution of the work shall be secured and paid for by the Contractor. Permits, license, and easements
for permanent changes in existing facilities shall be secured and paid for by the City.
8. CLAIMS FOR DAMAGES. Any claim for damages arising under this Contract shall be
made in writing to the party liable within a reasonable time of the first observance of such damage and no
later than the time of final payment, except as expressly stipulated otherwise in the case of faulty work or
materials, and shall be adjusted by agreement or arbitration.
The Contractor shall be held for the payment of all just claims against him arising out of the
prosecution of this contract, and his bond will not be released until such claims are paid for dismissed.
GENERAL SPECS GS-11 of 13 F.Y.2020 Virden Creek Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo,Iowa
9. ASSIGNMENT OF CONTRACT. The Contractor shall not sell or assign the contract or
sublet any portion of the work provided for therein without the written consent of the City Council.
10. SUBCONTRACTORS. The Contractor shall, as soon as practicable after the signature
of the contract, notify the Engineer in writing of the names of the Subcontractors proposed for the work
and shall not employ any that the Engineer may, within a reasonable time, object to as incompetent or
unfit.
The Contractor agrees that he is as fully responsible to the City for the acts and omission of his
Subcontractors and of persons either directly or indirectly employed by them as he is for the acts and
omissions of persons directly employed by him.
Nothing contained in the contract documents shall create any contractual relation between any
Subcontractor and the City.
11. ARBITRATION. All questions subject to arbitration under this Contract shall be
submitted to arbitration at the choice of either party to the dispute.
The Contractor shall not cause a delay of the work during any arbitration proceedings, except by
agreement with the Engineer.
The demand for arbitration shall be filed in writing with the Engineer, in the case of an appeal ,.
from his decision, within ten (10) days of its receipt, and in any other case, within a reasonable time after
cause thereof, and in no case later than the time of final payment, except as otherwise expressly
stipulated in the contract. If the Engineer fails to make a decision within a reasonable time, an appeal to
arbitration may be taken as if his decision had been rendered against the part appealing.
No one shall be nominated or act as an arbitrator who is in any way financially interested in the
contract or in the business affairs of either the City or the Contractor.
The general procedure shall conform to the laws of the State of Iowa. Unless otherwise provided
by such laws, the parties may agree upon one arbitrator; otherwise, there shall be three--one named in
writing by each party to this contract to the other party, and the third chosen by these two arbitrators, or, if they fail to select a third within ten (10) days, then he shall be chosen by the Comptroller of the State of
Iowa. Should either party refuse or neglect to supply the arbitrators with any papers or information
demanded in writing, the arbitrators are empowered by both parties to proceed ex parte. _
If there be one arbitrator, his decision shall be binding; if three, the decision of any two shall be
binding. Such decision shall be a condition precedent to any right of legal action, and, wherever
permitted by law, it may be filed in Court to carry it into effect.
The arbitrators, if they deem that the case demands it, are authorized to award to the party whose
contention is sustained such sums as they shall deem proper for the time, expense, and trouble incident
to the appeal, and, if the appeal was taken without reasonable cause, damages for delay, the arbitrators
shall fix their own compensation unless otherwise provided by agreement, and shall assess the costs and
charges of the arbitration upon either or both parties.
The award of the arbitrators must be in writing, and it shall not be open to objections on account
of the form of proceeding or the award, unless otherwise provided by the laws of Iowa.
In the event of such laws providing on any matter covered by this article otherwise than as
hereinbefore specified, the method of procedure throughout and the legal effect of the award shall be
wholly in accordance with the laws of the State of Iowa, it being intended hereby to lay down a principle of
action to be followed, leaving its local application to be adopted to the legal requirements of the place in —
which the work is to be done.
GENERAL SPECS GS-12 of 13 F.Y.2020 Virden Creek Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo,Iowa
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.
SUPPLEMENTAL GENERAL SPECIFICATIONS SGS-1 of 1 F.Y.2020 Virden Creek Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo,Iowa
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FORM OF CONTRACT
CONTRACT FOR THE CONSTRUCTION OF
F.Y. 2018 VIRDEN CREEK LEVEE IMPROVEMENTS
CITY OF WATERLOO, IOWA
CONTRACT NO. 947
This contract made and entered into this day of , 20_, by
and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and
of
(hereinafter referred to as Contractor),WITNESSETH:
PAR. 1 Contractor agrees to build and construct the F.Y. 2018 VIRDEN CREEK LEVEE
IMPROVEMENTS, Contract No.947, and furnish all necessary tools, equipment, materials,
and labor necessary to do all the work called for in the plans and specifications in a
workmanlike manner and for the prices set forth in Contractor's proposal, which was
accepted by the City, and which is understood and agreed to be a part of this contract.
PAR. 2 It is understood and agreed that the resolution adopted by the City Council ordering the
construction of the improvement, the Notice to Contractors as published, the Instruction to
Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council
Proceedings relating to this matter, and the Plans and Specifications shall all be considered
as forming a part of the contract the same as though they were each set out in said contract.
PAR. 3 The Contractor agrees to furnish at its own cost and expense, all necessary materials and
Rana labor for said work and to construct said improvements in a thorough, substantial, and
workmanlike manner, and in strict accordance with the requirements of this contract, and of
the plans and specifications made a part hereof by reference, and to the satisfaction and
approval of the City and its engineer.
PAR. 4 The Contractor agrees to perform said work and install said improvements on the terms set
out in bid or proposal to the City which has been accepted by the City and which is by
reference made a part of this contract.
PAR. 5 The Contractor agrees to commence said work within ten (10) working days after receipt of
"Notice to Proceed" and complete it on or before November 20, 2020, unless an extension
of time is granted in writing by the Council of the City.
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
FORM OF CONTRACT C-1 of 4 F.Y.2018 Virden Creek Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo,Iowa
properly done, and agrees to keep the City whole and defend any and all suits that may be
brought against the City by reason of any injuries that may be sustained by any person or
property allegedly caused by the Contractor, or his agents, while work is done pursuant to
this agreement.
PAR. 8 The Contractor agrees that in the event a law suit is brought against the City for damages
allegedly sustained by reason of any act, omission or negligence of the Contractor or its
agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole,
depression or barrier placed or dug by the defendant or its agents, in the doing of the work
herein contracted for, that it will defend said suit and save the City harmless therein, and in
case judgment is rendered against the City, the Contractor agrees to pay the same
promptly. The Contractor agrees to carry public liability insurance in a solvent company in a
sufficient amount to protect the City and those who use the streets of the City.
PAR. 9 The City shall have the right to appoint one or more construction reviewers who shall review
the progress of the work in detail; also, to make any test or any material to be used in such
work. No material shall be used in any work until the same has first been approved by the
construction reviewer. Such construction reviewer shall have full authority to pass judgment
upon all materials and upon the manner of doing the work, and their judgment on rejecting
any materials, substance, or manner of work shall be final unless it is revoked or modified by
the City Engineer.
PAR. 10 Any material, which has been rejected by the construction reviewer, shall be at once
removed from the line of work and shall not be again taken thereon or placed with the
material proposed to be used without the written consent of the City Engineer.
PAR. 11 The Contractor shall maintain no cause of action against the City on account of delays and
prosecution of work, but if said work is delayed by the City, the Contractor shall have such
extra time for completion of the job as was lost by reason of the delay caused by the City.
PAR. 12 The Contractor agrees to pay punctually all just claims of labor, material, men, or
subcontractors who shall perform labor or furnish materials entering into this improvement.
It is agreed that the City need not pay the Contractor until all such claims are paid by the
Contractor. It is agreed that the City shall not be liable for said labor, material, or men under
this contract.
PAR. 13 The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a
form to be provided by the City in the amount provided by law as stated in the Notice to
Bidders, which shall be for the benefit of the City, and any and all persons injured by the
breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and
shall be subject to the approval of the City Council and is by reference made a part of this
contract.
PAR. 14 The Contractor agrees that should it abandon work under this contract or cease the
prosecution thereof for a period of thirty (30) consecutive days without reasonable cause,
and should it fail to proceed with said work within ten (10) days after a notice to continue or
carry it on has been mailed to it at the address given herein by the City, or after such notice
has been served on it, then the City may proceed to complete said work, using any material,
tools, or machinery found along said line of work, doing the work either by contract or as it
may elect, and the Contractor and the sureties on its bond shall be liable to the City for the
costs and expenses so paid out. Said costs shall be retained by the City from any
compensation due, or to become due the Contractor, and may be recovered by the City in
an action upon Contractor's bond.
FORM OF CONTRACT C-2 of 4 F.Y.2018 Virden Creek Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo,Iowa
PAR. 15 In consideration of the full compliance on the part of the Contractor with all the provisions,
stipulations, and conditions hereof, or contained in the various instruments made a part of
this contract by reference, and upon completion and acceptance of said work, the City
agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the
amount of money due the Contractor for work performed and accepted, at the unit prices set
out in the Contractor's proposal,.which has been accepted by the City.
PAR. 16 The total amount of the contract, based on the Engineer's estimates of quantities and the
Contractor's unit bid prices, and for which 100% surety bond is required, is
— $
PAR. 17 After the completion of said work, the Contractor agrees to remove all debris and cleanup
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.
FORM OF CONTRACT C-3 of 4 F.Y.2018 Virden Creek Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo,Iowa
CITY OF WATERLOO, IOWA
•
. Mayor
City Clerk
Contractor
BY:
Title:
Approved by the City Council of the City of Waterloo, Iowa, this day of , 20 .
ATTEST: , City Clerk
Waterloo, Iowa --
FORM OF CONTRACT C-4 of 4 F.Y.2018 Virden Creek Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo,Iowa
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, of
(the"Principal"), and of
(the"Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the"Obligee"), in the penal sum of
Dollars ($ ), lawful
money of the United States, for the payment of said sum in connection with a contract(the"Contract") dated
on or about for the purpose of
The Contract is incorporated herein by
reference as though fully set forth herein.
Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the
Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the
essence, may promptly remedy the default, or shall promptly undertake to:
1. Complete the Contract in accordance with its terms and conditions; or
2. Obtain one or more bids for completing the Contract in accordance with its terms and
conditions, and upon determination by the Surety of the lowest responsible bidder, or
negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the
Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract
between such party and the Obligee. The Surety will make available as work progresses
sufficient funds to pay the cost of completion less the balance of the Contract price. The
cost of completion includes responsibilities of the Principal for correction of defective work
and completion of the Contract, the Obligee's legal and design professional costs resulting
directly from the Principal's default, and liquidated damages or actual damages if no
liquidated damages are specified in the Contract. The term "balance of the Contract price"
means the total amount payable by the Obligee to the Principal under the Contract and any
amendments thereto, less the amount properly paid by the Obligee to the Principal; or
3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount
as soon as practicable.
In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee
harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys'
fees and expenses.
Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent
to each and all of the following matters, without notice:
1. To any extension of time to the Contract in which to perform the Contract.
2. To any change in the plans, specifications, or Contract when such change does not involve
an increase of more than twenty percent (20%) of the total Contract price, and shall then be
released only as to such excess increase.
3. That no provision of this bond or of any other contract shall be valid which limits to less than
one (1) year from the time of the acceptance of the work the right to sue on this bond for
defect in workmanship or material not discovered or known to the Obligee at the time such
work was accepted.
PERFORMANCE BOND PFB-1 of 2 F.Y.2020 Virden Creek Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo,Iowa
If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full
force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond.
Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or
neuter gender.
IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as of
PRINCIPAL SURETY
Name Name
By: By:
Title: Title:
[attach Power of Attorney]
NOTE: Date of BOND must not be prior to date of Contract.
If CONTRACTOR is Partnership, all partners should execute BOND.
If this project includes Federal Funds, the following applies to the payment bond:
IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most
current list (Circular 570 as amended) and be authorized to transact business in the State where the
project is located.
PERFORMANCE BOND PFB-2 of 2 F.Y.2020 Virden Creek Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo, Iowa
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
•
•
— (Name of Contractor)
(Address of Contractor)
a , hereinafter called Principal,
(Corporation, Partnership or Individual)
and,
(Name of Surety)
(Address of Surety)
-- hereinafter called Surety, are held and firmly bound unto
(Name of Owner)
(Address of Owner)
hereinafter called OWNER, in the penal sum of
Dollars ($ ) in lawful money of the United States, for the payment of
which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally,
firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal
entered into a certain contract with the OWNER, dated the_day of , 20_, a copy of
which is hereto attached and made a part hereof for the construction of:
F.Y. 2020 VIRDEN CREEK LEVEE IMPROVEMENTS
CITY OF WATERLOO, IOWA
CITY CONTRACT NO. 947
NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms,
SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of
the WORK provided for in such contract, and any authorized extension or modification thereof, including
all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment
and tools, consumed or used in connection with the construction of such WORK, and all insurance
premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or
otherwise, then this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the contract or to the WORK to be
performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its
PAYMENT BOND PB-1 of 2 F.Y.2020 Virden Creek Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo,Iowa
obligation on this BOND, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS HEREOF, this instrument is executed in counterparts, each one
(number)
of which shall be deemed an original, this the day of , 20
ATTEST:
Principal
(Principal) Secretary
(SEAL) By (s)
(Address) —
(Witness as to Principal)
(Address)
(Surety)
ATTEST: By
Attorney-in-Fact
Witness as to Surety (Address)
(Address) (Address)
NOTE: Date of BOND must not be prior to date of Contract.
If CONTRACTOR is Partnership, all partners should execute BOND.
If this project includes Federal Funds, the following applies to the payment bond:'
IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most
current list(Circular 570 as amended) and be authorized to transact business in the State where the
project is located. _
PAYMENT BOND PB-2 of 2 F.Y.2020 Virden Creek Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo,Iowa
APPENDIX
1. CHANGE ORDER FORM
Om.
CHANGE ORDER NO.
Owner Date
Project
Owner's Contract No. Contractor
Date of Contract Start $
You are directed to make the following changes in the Contract Documents. Description:
Reason for Change Order:
CONTRACT PRICE CONTRACT TIMES (Calendar Days)
To Substantial To Final
Completion Completion
Original: $ Original Completion Date:
Previous C.O.'s(ADD/DEDUCT): $ Previous CO's(ADD/DEDUCT):
This C.O. (ADD/DEDUCT): $ This C.O. (ADD/DEDUCT):
Contract Price with all REVISED:
approved Change Orders: $
Revised Completion Date:
It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s)ordered
herein, including all impact, delays, and acceleration costs. Other than the dollar amount and time allowance listed above, there shall
be no further time or dollar compensation as a result of this Change Order.
THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL
STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO
APPROVED:
By:
OWNER(Authorized Signature) Date
ACCEPTED:
By:
CONTRACTOR(Authorized Signature) Date
AECOM
60221561 /
Project Change
Number Order No
CHANGE ORDER FORM CO-1 F.Y.2020 Virden Creek Levee Improvements
AECOM#60221561 City Contract No.947 Waterloo,Iowa
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