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� PROJECT SPECIFICATIONS FOR
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� F.Y. 2017
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- SERGEANT ROAD TRAIL
� BRIDGE NO. 1
REPLACEMENT
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i CONTR.ACT NO. 917
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- F.Y. 2017 SERGEANT ROAD TRAIL BRIDGE NO. 1 REPLACEMENT
CONTRACT NO. 917
CONTRACT DOCUMENTS
__ TABLE OF CONTENTS
1. NOTICE OF PUBLIC HEARiNG
2. NOTICE TO BIDDERS
� 3. INSTRUCTIONS TO BIDDERS
4. FORM OF BID OR PROPOSAL
-- 5. SALES TAX EXEMPTION INFORMATION FORM
6. FORM OF BID BOND
` 7. NON-COLLUSION AFFIDAVITS
8. EQUAL OPPORTUNITY CLAUSE
9. TITLE VI CIVIL RIGHTS
i 10. RESIDENT BIDDER AND NON-RESIDENT BIDDER CERTIFICATION
11. AFFIRMATIVE ACTION PROGRAM
- 11. POTENTIAL ITEMS OF WORK FOR MBENVBE PARTICIPATION
SUBCONTRACTOR'S BID REQUEST FORM,
LETTER FORM FOR SUBCONTRACTOR QUOTES,
MBEM/BE SCOPE LETTER,
� MBE AND/OR WBE PREBID CONTACT INFORMATION FORM
�2• WATERLOO/CEDAR FALLS MINORITY AND WOMEN BUSINESSES
-- ENTERPRISE CONSTRUCTION AND MAINTENANCE
CONTRACTOR'S GUIDE
_ 13. STATEMENT OF BIDDER'S QUALIFICATIONS
14. GENERAL SPECIAL PROVISIONS
� 15. SPECIAL PROVISIONS
16. GENERAL SPECIFICATIONS FOR CONSTRUCTION
- 17. SUPPLEMENTAL GENERAL SPECIFICATIONS FOR CONSTRUCTION
18. FORM OF CONTRACT
i 19. FORM OF PERFORMANCE BOND
20. FORM OF PAYMENT BOND
NOTICE OF PUBLIC HEARING
On Proposed Plans, Specifications, Form of Contract,
_ And Estimate of Cost
For the
FY 2017 SERGEANT ROAD TRAIL BRIDGE NO. 1 REPLACEMENT
__ In the City of Waterloo, lowa
CONTRACT NO. 917
� RECEIVING OF BIDS
� Sealed proposals will be received by the City Clerk of the City of Waterloo, lowa, at her
office in the City Hall of the said City on the 8th day of September, 2016 until 1:00 p.m.
for the construction of the FY 2017 SERGEANT ROAD BRIDGE NO. 1
� REPLACEMENT CONTRACT NO 917 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, lowa, on the 8t" day of September, 2016 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 12t"day of
— September, 2016, 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 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 lowa
221 Park Street, PO Box 695
Des Moines, IA 50303
McGraw Hill Construction Dodge
3315 Central Ave.
� Hot Springs, AR 71913
NOTICE OF HEARING CONTRACT NO. 917 Page 1 of 2
Reed Construction Data —
30 Technology Parkway South, Ste. 500
Norcross, GA 30092
3) Plan Room Web sites:
Master Builders of lowa web site at www.mbionline.com —
Dodge Lead web site: http�//dodqeproiects.construction.com/
Reed Const. Data Lead web site: http�l/www cmdqroup.com/proiect-leads/
SCOPE OF WORK
The extent of the work involved is removal of failing wooden trail bridge and replace with
RCP culverts and PCC recreation trail.
Published pursuant to the provisions of Chapter 26 of the City Code of lowa and upon
order to the City Council of said Waterloo, lowa, on the day of � T
2016.
CITY OF WATERLOO, IOWA
BY:
Suzy Schares
City Clerk i
�
NOTICE OF HEARING CONTRACT NO. 917 Page 2 of 2 �
NOTICE TO BIDDERS
For the Taking of Construction Bids for the
— FY 2017 SERGEANT ROAD TRAIL BRIDGE NO. 1 REPLACEMENT
In the City of Waterloo, lowa
_ CONTRACT NO. 917
RECEIVING OF BIDS
Sealed proposals will be received by the City Clerk of the City of Waterloo, lowa, at her
_ office in the City Hall of the said City on the 8t" day of September, 2016 until 1:00 p.m.
for the construction of the FY 2017 SERGEANT ROAD TRAIL BRfDGE NO. 1
REPLACEMENT Contract No. 917, 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, lowa, on the 8th day of September, 2016, 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
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 September 12, 2016, said hearing to be
held in the Harold E. Getty Council Chambers in City Hall in said City.
SCOPE OF WORK
-- The extent of the work involved is removal of failing wooden trail bridge and replace with
RCP culverts and PCC recreation trail.
— BEGINNING AND COMPLETION DATES
The work under the proposed contract shall be commenced within ten (10) working
-- days after receipt of "Notice to Proceed" and all items shall be completed on or before
December 22, 2016.
--- METHOD OF PAYMENT TO CONTRACTOR
The Contractor will be paid against bi-monthly estimates in cash on the basis of ninety-
-- five percent (95%) of the work as it is completed and materials delivered and work
approved. Final payment will be made thirty-one (31) days after completion of the work
i 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
s material, men and laborers have been paid.
NOTICE TO BIDDERS CONTRACT NO. 917
Page 1 of 5
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 lowa, payment may —
be made by anticipatory warrants issued bearing a rate of interest not exceeding that
permitted by Chapter 74A, Code of lowa. _
PLANS AND SPECIFICATIONS
Plans and Specifications governing the construction of the proposed improvements —
have been prepared by the City of Waterloo Engineering Department, which plans and
specifications and also the prior proceedings of the City Council referring to and defining i
said proposed improvements are hereby made a part of this notice, and the proposed
contract by reference shall be executed in compliance therewith.
Plans and Specifications are available from the Enqineerinq Department on the second —
floor of City Hall upon the receipt of a $25.00 refundable deposit. Deposits will be
refunded if the plans are returned in usable condition (i.e. generally free of highlights, f
ink markings, tears, stickers, water stains and soiling) to the Engineer's Office 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 14t" 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_to verify
eligibility for the refundable deposit. _
Upon award of project, the prime contractor, his 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 1Naterloo, lowa, for a period not to exceed thirty (30) _
days from the day of the opening of bids for the purpose of reviewing the bids and
investigating the qualifications of bidders, prior to awarding the contract.
By virtue of statutory authority, a preference will be given to products and provisions
grown and coal produced with the State of lowa 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 —
NOTICE TO BIDDERS CONTRACT NO. 917 Page 2 of 5 �
" bid price and extension, the City of Waterloo shall consider the unit bid price as being
the valid unit bid price.
� The bidder has the option to submit a computer-generated spreadsheet in lieu of the
portion of the Form of Bid or Proposal, which includes the Bid Item Number,
` Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price and Total Bid. The
computer-generated spreadsheet shall include all of the information listed in that portion
of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor
_ submitting the bid. For the bidders who submit a computer-generated spreadsheet, the
TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s)
provided on the Form of Bid or Proposal.
� BID SECURITY REQUIRED
_ All bids must be accompanied in a separate envelope by a certified or cashier's check
drawn on an lowa bank, or a bank chartered under the laws of the United States, a
certified share draft drawn on a credit union in lowa 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, lowa, in the sum of not less than five percent (5%) of the bid submitted, which
certified check, certified share draft or bid bond will be held as security that the Bidder
_, will enter into a Contract for the construction of the work and will furnish the required
bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract
and furnish the required bonds, his bid security may be retained by said City as agreed
._ upon liquidated damages. If bid bond is used, it must be signed by both the Bidder and
the surety or surety's agent. Signature of surety's agent must be supported by
accompanying Power of Attorney.
PERFORMANCE & PAYMENT BONDS
•-- The successful bidder will be required to furnish a "Performance Bond" and a "Payment
Bond" within ten (10) days after forms are presented to him in an amount equal to one
hundred percent (100%) 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.
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, lowa.
NOTICE TO BIDDERS CONTRACT NO. 917 Page 3 of 5
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 MBENVBE 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. _
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 w�ll 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 i
holidays.
Working days will cease to be charged when only punch list items remain to be _
completed. Punch list items do not include contract bid items or approved change/extra
work orders.
When the Contractor believes the project to be substantially completed, a written notice �
stating the same shall be submitted to the Engineer and a request made for a Punch
List. If the work under the Contract extends beyond the normal construction season for _
such work the Contractor shall submit to the Engineer in writing a request that working
days counted toward the project be suspended until work is resumed the following
construction season. —
This amount is not construed as a penalty. These damages are for the cost to the City
of providing the required additional inspection, engineering and contract administration. _
PRE-CONSTRUCTION CONFERENCE
Before the work is commenced on this contract, a conference shall be held for the
purpose of discussing the contract. The conference shall be attended by the prime
contractor, subcontractors and City Officials. —
RESIDENT BIDDER/NON-RESIDENT BIDDER
Attention of bidders is called to compliance with the provisions of the Resident
Bidder/Non-Resident Bidder requirements.
NOTICE TO BIDDERS CONT�ACT NO. 917 Page 4 of 5 �
� Each bidder submitting a bid shall execute and include with the bid, a Resident Bidder
Certification or a Non-Resident Bidder Certification in the form(s) herein provided.
� SALES TAX EXEMPTION CERTIFICATES
_ Contractors and approved subcontractors will be provided a Sales Tax Exemption
Certification to purchase building materials or supplies in the performance of
construction contracts let by the City of Waterloo.
Posted pursuant to the provisions of Chapter 26 of the City Code of lowa.
— CITY OF WATERLOO, IOWA
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NOTICE TO BIDDERS CONTRACT NO. 917 Page 5 of 5
� 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 spread- sheet, the
_ TOTAL BID (with alternates, if applicable) shall also be indicated in
the space(s) provided on the Form of Bid or Proposal.
_ b. The Bid Form may provide for submission of a price or prices for
one or more items, which may be lump sum bids, alternate prices,
._. INSTRUCTIONS TO BIDDERS Page 1 of 13
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, 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 "Non-Resident Bidder Certification" form
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
INSTRUCTIONS TO BIDDERS Page 2 of 13
be placed in a third and mailed to the City Clerk/Auditor. All bids
must be filed with the City Clerk/Auditor of the City of Waterloo at
— his office in the City Hall before the time specified for closing bids.
b. Bids received prior to the advertised hour of opening will be
— securely kept sealed. The officer whose duty it is to open them will
decide when the specified time has arrived, and no bid received
thereafter will be considered; except that when a bid arrives by mail
— after the time fixed for opening, but before the reading of all other
bids is completed, and it is shown to the satisfaction of the City of
Waterloo, lowa, 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
i 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.
� 7. BID SECURITY REQUIRED
All bids must be accompanied in a separate envelope by a certified or
_ cashier's check drawn on an lowa bank, or a bank chartered under the
laws of the United States, a certified share draft drawn on a credit union in
lowa 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, lowa, 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
-- INSTRUCTIONS TO BIDDERS Page 3 of 13
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. r
If bid bond is used, it must be signed by both the bidder and the surety or
surety's agent. Signature of surety's agent must be supported by
accompanying Power of Attorney. —
8. COLLUSIVE AGREEMENTS �
a. Each bidder submitting a bid shall execute and include with the bid,
a Non-Collusion Affidavit in the form herein provided, to the effect _
that he as 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
�ompliance 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 bonafide contractor
or subcontractor from bidding on City contracts, but it will hopefully �
serve as a needed stimulus to help local MBE/WBE's grow and
eventually become mainstream contractors and subcontractors.
INSTRUCTIONS TO BIDDERS Page 4 of 13
This Contract Compliance Program does not propose to include
_ any set-aside or quotas, but only flexible goals where "good-faith
efforts" are required by the contractor to use MBE/WBE
subcontractors.
This Program shall not eliminate the need for contractors to
continue their "good-faith efforts" in using MBE/WBE
--� subcontractors on City contracts estimated at less than $50,000.
The City of Waterloo will make every effort to reduce in-house
-- construction and maintenance work that would be more cost
effectively performed by the private sector and, thus, would allow
additional bidding opportunities for MBE/WBE firms.
The City Contract Compliance Officer shall be advised of all City of
Waterloo awarded construction contracts.
DEFINITIONS
"' Goals:
A flexible numerically expressed objective which contractors are
required to make "good-faith efforts." The key to the requirement is
i 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.
— INSTRUCTIONS TO BIDDERS Page 5 of 13
Contractor.
As used in this document means contractor, subcontractor, —
supplier, vendor, and professional service provider.
Minority Business Enterprise (MBE) �
Any business, which is at least 51%, owned by one or more
minorities and whose management and daily business operations
are controlled by one or more such individuals and is on the current �
State Unified Certification List, or were listed on the City of
Waterloo Certified MBE/WBE Contractors list as of July 1, 2002
Women Business Enterprise (WBE):
Any business which is at least 51% owned by one or more women _
and whose management and daily business operations are
controlled by one or more such individuals and is on the current
State Unified Certification List, or were listed on the City of _
Waterloo Certified MBE/WBE Contractors list as of July 1, 2002
Minority: _
Any person or persons who are considered as socially and
economically disadvantaged because of their identity as a group
member without regard to their individual qualities. The groups _
include: Black American, Hispanic American, Native Americans,
Eskimos, Aleuts, and Asian-Pacific Americans. 13 C.F.R. 124-
1.1(c)(3)(ii)(1983). _
Lowest Responsible Bidder.�
Bidder who has offered the lowest bid and who has exhibited skill -._
relative to the type of work bid on, judgment, financial responsibility,
and evidence of working with the Affirmative Action Employment
Program and the Contract Compliance Program. —
Broker:
One buying or selling for others on commission or other fee basis —
without maintaining a warehouse or other similar inventory storage
facility.
Mayor's Advisory Committee:
Mayor's Advisory Committee for Minority, Female, and
Disadvantaged Business Enterprise. --
Good Faith Etforts:
The successful bidder shall be selected on the basis of having �
submitted the lowest responsible bid. The obligation of the bidder is
to make good faith efforts. The bidder can demonstrate that it has
done so by the following: -'
INSTRUCTIONS TO BIDDERS Page 6 of 13
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, lowa.
A goal of at least 10% for MBE participation on all City funded
construction projects that are estimated at $50,000 or more and
—` projects under $50,000 where applicable at the Contract
Compliance Officer's discretion. There is at least 2% WBE goal on
City funded projects. Any project which is funded solely or in part
—' with Federal funds shall follow the respective agencies contract
compliance program and goals. Any project which is funded solely
or in part with State funds shall follow the respective agencies
`" contract compliance program and goals. The City of Waterloo
Contract Compliance Program is for City awarded construction
, contracts only. The prime contractor shall make "good-faith efforts"
to meet the Contract Compliance MBE/WBE goals. The MBE/WBE
subcontracts must provide the prime contractor a reasonably
� competitive price for the service being rendered or the contractor is
not required to accept the bid.
_ Administrative Reconsideration:
As part of this reconsideration, the bidder will have the opportunity
_ to provide written documentation or arguments concerning the
issue of whether they made adequate good faith efforts to meet the
goals. The bidder will have the opportunity to meet in person with
_ the City of Waterloo's Administrative Reconsideration Committee to
discuss the issue of whether they made adequate good faith efforts.
The Administrative Reconsideration Committee will forward a
_ written decision on reconsideration to the Mayor and City Council,
explaining the basis for finding that the bidder did or did not meet
the goal or make adequate good faith efforts to do so.
Documentation required will include but is not limited to the
following:
� Making portions of the work available for MBE/WBE
subcontracting
— * Evidence of negotiating �nrith MBE/WBE firms
* MBEM/BE quotes obtained and non-MBE/WBE quotes used
— INSTRUCTIONS TO BIDDERS Page 7 of 13
* 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 MBENVBE/DBE contractors is through the lowa
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 MBEJWBE 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 solicitatian 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 minimurr� of three (3) �
INSTRUCTIONS TO BIDDERS Page 8 of 13
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).
D. If any MBE/WBE business submitting bids is not selected for
subcontract award, documentation must accompany the
i "MBE/WBE Business Enterprise Pre-Bid Contact Information
Form" (Form CCO-4 and CCO-4A) on why the MBE/WBE
r 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 MBENVBE 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. MBENVBE Firms
r A. MBE/WBE firms shall be certified by the lowa Department of
Transportation as owners and controllers of their respective
_ businesses, or were listed on the City of Waterloo Certified
MBE/WBE Contractors list as of July 1, 2002.
�
-- INSTRUCTIONS TO BIDDERS Page 9 of 13
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 MBElWBE
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. —`
11. EMPLOYMENT AND BUSINESS OPPORTUNITY
To the greatest extent feasible, suppliers, subcontractors, amd low income
workers owning businesses or living in the Waterloo area rnust be given
priority in supplying materials, bidding for subcontract work, r�r applying for !
employment by the contractor on this project. Opportuniti�� for training
and for employment arising in connection with this projec#, shall to the
INSTRUCTIONS TO BIDDERS Page 10 of 13
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, lowa, 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, lowa, 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, lowa,
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, lowa, that
+ the bidder is qualified to carry out properly the terms of the contract.
13. AWARD OF CONTRACT
— a. Award of contract will be made to that responsive and responsible
bidder whose bid, conforming to the Specifications, is most
_ advantageous to the City of Waterloo; price and other factors
considered. The intention is to award the contract at any time of
opening bids, but the right is reserved to postpone such 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.
-- INSTRUCTIONS TO BIDDERS Page 11 of 13
d. When a contract for a public improvement is to be awarded to the
lowest responsive and responsible bidder, a resident bidder shall —'
be allowed a preference as against a nonresident bidder from a
state or foreign country if that state or foreign country gives or �
requires any preference to bidders from that state or foreign
country, including but not limited to any preference to bidders, the
imposition of any type of labor force preference, or any other form �
of preferential treatment to bidders or laborers from that state or
foreign country. The preference allowed shall be equal to the
preference given or required by the state or foreign country in which _
the nonresident bidder is a resident. In the instance of a resident
labor force preference, a nonresident bidder shall apply the same
resident labor force preference to a public improvement in this state _
as would be required in the construction of a public improvement by
the state or foreign country in which the nonresident bidder is a
resident. —
14. EXECUTION OF AGREEMENT, BONDS, AND CERTIFICATE OF
INSURANCE —
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, lowa, an
agreement in the form included in the contract documents in such
number of copies as the City of Waterloo, lowa, may require. —
b. Having satisfied all conditions of award as set forth elsewhere in
these documents, the successful bidder shall, �{ithin the period —
specified in paragraph "a" above, furnish a sur�ty bond and a
payment bond in a penal sum not less than th� amount of the
contract as awarded, as security for the faithful pe��Formance of the --
contract and terms and conditions therein con�ained 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 n�ture including
utility and transportation services, employed or u:�ed by him in
perForming the work. The bonds shall protect and save harmless =
the City from claims and damages of any kind �;aused by the
operations of the contractor and shall also c�uarantee 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. —
INSTRUCTIONS TO BIDDERS Page 12 of 13
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 14 to 15 of 19 Pages. The, certificate of
— insurance shall be furnished in such number of copies as the City of
Waterloo may require. The City of Waterloo shall be named as an
"Additional Insured." The contractor shall similarly submit his
— subcontractor's certificates of insurance in the amounts for approval
before each commences work. The contractor shall carry or
require that there be Workmen's Compensation Insurance for all his
` employees and those of his subcontractors engaged in work at the
site, in accordance with State Workmen's Compensation Laws.
� d. The failure of the successful bidder to execute such agreement and
to supply the required bond or bonds within ten (10) days after the
_ prescribed forms are presented for signature, or within such
extended period as the City of Waterloo, lowa, may grant, based
upon reasons determined sufficient by the City of Waterloo, lowa,
� may either award the contract to the next lowest bidder or re-
advertise for bids, and may charge against the bidder the difference
between the amount of the bid an the amount for which a contract
_ for the work is subsequently executed, irrespective of whether the
amount thus due exceeds the amount of the bid guaranty. If a
more favorable bid is received by re-advertising, the defaulting
` bidder shall have no claim against the City of Waterloo, lowa, for a
refund.
_ 15. RESIDENT BIDDER/NON-RESIDENT BIDDER PREFERENCE
Attention of bidders is called to compliance with the provisions of the
_ Resident Bidder/Non-Resident Bidder requirement.
Each bidder submitting a bid shall execute and include with the bid, a
_ Resident Bidder Certification or a Non-Resident Bidder Certification in the
form(s) herein provided.
-- INSTRUCTIONS TO BIDDERS Page 13 of 13
_ FORM OF BID OR PROPOSAL
F.Y. 2017 SERGEANT ROAD TRAIL BRIDGE NO. 1 REPLACEMENT
CONTRACT NO. 917
_ CITY OF WATERLOO, IOWA
Honorable Mayor and City Council
_ Waterloo, lowa
Gentlemen:
1. The undersigned, being a Corporation existing under the laws of the State of
, a Partnership consisting of the following partners:
_
having familiarized (himselfl (themselves) (itselfl 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, lowa, 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. 2017 SERGEANT ROAD TRAIL BRIDGE NO. 1
-- REPLACEMENT, Contract No. 917, 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. 2017 SERGEANT ROAD TRAIL BRIDGE NO. 1 REPLACEMENT
— CONTRACT NO. 917
BID DESCRIPTION UNIT EST.QTY. UNIT BID TOTALBID PRICE
ITEM
PRICE
` 1 Mobilization �S � $ $
2 Traffic Control LS 1 � g
3 Safety Closure EACH 4 $ g
� 4 Remove Bridge LS 1 $ g
5 Remove Trail SF 120 $ $
_ 6 Excavation, Class 10, Waste CY gp $ $
Embankment-In-Place, Contractor
7 Furnish CY 410 $ �
_ Compaction with Moisture and
8 Densit Control CY 410 $ $
� 9 Recreation Trail, PCC, 6" SY 103.7 $ g
10 Granular Subbase, 6" TON 47.5 $ $
� 11 Granular Shoulder, 6" TON 13.5 $ g
12 Culvert, Concrete Roadway Pipe, 48" LF 96.0 $ g
r FORM OF BID CONTRACT NO. 917 Page 1 of 3
13 A ron, Concrete, 48" EACH 6 � $
14 Erosion Stone TON 20.0 � �
15 Furnish and Spread To soil, 6" CY 80 � $
16 Seedin & Fertilizin , Urban ACRE 0.66 � $ r
17 Seedin & Fertilizin , Rural ACRE 0.42 � $
Rolled Erosion Control Product,
18 RECP SY 311.7 $ $
19 Silt Fence, Instali LF 410 � $
20 Silt Fence, Remove LF 410 � $ i
21 Construction Entrance LS 1 $ �
TOTAL BID $
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, lowa, to reject any or all bids. If written notice of the acceptance of _
this bid is mailed, telegraphed, or delivered to the undersigned within thirty (30)
days after the opening thereof, or at any time thereafter before this bid is
withdrawn, the undersigned agrees to execute and deliver an agreement in the _
prescribed form and furnish 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 Resident Bidder Certification ( ), or Non-Resident
Bidder Certification ( ). (Mark one.) —
7. The bidder is prepared to submit a financial and experience statement upon
request. —
8. The Prime Contractor and Sub�on�ractor(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.
FORM OF BID CONTRACT NO. 917 Page 2 of 3
� 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.
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)
B�'� Title
� Official Address: (Including Zip Code):
I.R.S. No.
� FORM OF BID CONTRACT NO. 917 Page 3 of 3
INFORMATION NEEDED
FOR
— IOWA CONSTRUCTION SALES TAX EXEMPTION CERTIFICATE
CONTRACTOR NAME:
ADDRESS:
i (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
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 , lowa, hereinafter called
"OWNER." In the penal sum
J 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 presents to be
— signed by their proper officers this day of ,A.D. 201
(Seal)
_ Principal
By
(Title)
Witness (Seai)
Surety
.— BY
Witness Attorney-in-fact
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 Aqent) , 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, lowa, 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
, 201_.
Title
, My commission expires
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 Aqent) , 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, lowa, 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,
— inciuding this affiant.
(Signed)
Title
— Subscribed and sworn to before me this day of
, 201_.
Title
— My commission expires
EQUAL OPPORTUNITY CLAUSE
— ' (As provided in Executive Order No. 11246)
— All contractors, subcontractors, vendors and suppliers of goods and services
doing business with the City and value of said business equals or exceeds ten
thousand dollars ($10,000.00) annually agree as 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, subcontra�tor, 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.
EQUAL OPPORTUNITY CLAUSE PAGE 1 OF 2 PAGES
5. The contractor, subcontractor, vendor and supplier of goods and services _
will furnish and file compliance reports within such time and upon such
forms as provided by the Affirmative Action Officer. Said forms will elicit
information as to the policies, procedures, patterns, and practices of each _
subcontractor as well as the contractor himself/herself and said contractor,
subcontractor, vendor and supplier will permit access to his/her
employment books, records and accounts to the City's Affirmative Action —
Officer, for the purpose of investigation to ascertain compliance with this
contract and with rules and regulations of the City's Affirmative Action
Program—Contract Compliance Provisions relative to Resolution No. —
24664.
6. In the event of the contractor's non-compliance with the non-discrimination —
clauses of this contract or with any of such rules, regulations and orders,
this contract may be canceled, terminated or suspended in whole or in
part and the contractor may be declared ineligible for further contracts in —
accordance with procedures authorized by the City Council.
7. The contractor, subcontractor, vendor and supplier of goods and services —
will include, or incorporate by reference, the provisions of the non-
discrimination clause in every contract, subcontract or purchase order
unless exempted by the rules, regulations or orders of the City's —
Affirmative Action Program, and will provide in every subcontract, or
purchase order that said provisions will be binding upon each contractor,
subcontractor, or supplier. —
8. We, the undersigned, recognize that we are morally and legally committed
to non-discrimination in employment. Any person who applies for —
employment with our company will not be discriminated against because
of race, creed, color, sex, national origin, economic status, age, mental or
physical disabilities. —
(Signed)
(Appropriate Official)
(Title)
(Date)
EQUAL OPPORTUNITY CLAUSE PAGE 2 OF 2 PAGES
TITLE VI CIVIL RIGHTS
During the performance of this contract, the contractor (for itselfl, 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
i facilities as may be determined by the Contracting Authority, the lowa 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 lowa 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 lowa 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 lowa
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 lowa DOT to enter into such litigation to protect '
the interests of the Contracting Authority or the lowa DOT; and, in addition, the
contractor may request the UnitPd State� to enter into such litigation to protect
the interest of the United States�. —
`
RESIDENT/NON-RESIDENT BIDDER
RESIDENT BIDDER:
In accordance with Section 73A.21 of the lowa Code, all non-federal-aid public
improvement projects, which include road construction, shall be performed by a
— qualified resident bidder. The resident bidder has been further defined as follows:
Resident Bidder:
— A person or entity authorized to transact business in this state and
having a business for at least three years prior to the date of the
first advertisement for the public improvement. If another state or
— foreign country has a more strir�gent definition of a resident bidder,
the more stringent definition is applicable as to bidders from that
state or foreign country.
The contractor shall provide the City with a certification that he is a qualified
resident bidder according to the above definition. The Certification shall be
— submitted with the contractor's bid. A copy of the form of "Resident Bidder
Certification" is included in the Contract Documents. If it is determined that the
contractor does not meet this qualification after he begins work, a shutdown
— notice shall be issued and the voiding of the contract shall begin unless the
contractor becomes qualified.
NON-RESIDENT BIDDER:
— The contractor shall provide the Gi�y with a certification that he is a non-resident
bidder according to the above definitian. The Certification shall be submitted with
the contractor's bid. A copy of the form of "Nan-Resident Bidder Certification" is
— included in the Contract Documents.
DJG
01/02/12
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RESIDENT BIDDER CERTIFICATION
CONTRACT NO:
— PROJECT NAME:
DATE OF LETTING:
To be a qualified resident bidder, the bidder shall be a person or
entity authorized to transact business in this state and having a
� business for at least three years prior to the date of the first
advertisement for the public improvement. If another state or
_ foreign country has a more stringent definition of a resident bidder,
the more stringent definition is applicable as to bidders from that
state or foreign country.
This qualification as resident bidder shall be maintained by the contractor and his
subcontractors at the work site until this project is completed.
I hereby certify that I am a resident bidder as defined above.
COMPANY NAME
� CORPORATE OFFICER
_ TITLE
DATE
�
NON-RESIDENT BIDDER CERTIFICATION
CONTRACT NO.:
— PROJECT NAME:
DATE OF LETTING:
— I hereby certify that I am an lowa non-resident bidder.
COMPANY NAME:
— CORPORATE OFFICER:
TITLE:
DATE:
STATE/COUNTRY OF RESIDENCY:
i Stated below are the preference(s) to resident bidders in the state/country of �
(Preference to bidders, labor force, or other preferential treatment to bidders or laborers, etc.
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 /
i 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
— - 1 -
C. Remainder of program to be completed by party completing program,
either Prime or Subcontractor. �
1. The Owners and/or Principals of your company:
Ethnic
Name Address Position Sex Origin _
2. Other Areas of Interest:
If your company has branches or subsidiaries, or if your company is a
branch or subsidiary of a parent organization, give the following
information: —
Type of
Name Address Affiliation Degree —
11. 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 _
- 2 -
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, lowa, to
- the greatest extent feasible.
III. AFFIRMATIVE ACTION
A� recognizes that the
� (Name of Company)
effective application of a policy of inerit 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,I;
2. Community organizations (churches, clubs, schc�ols);
3. Public and private institutions in the area (UNI, Hawkeye
-� Community College);
4. Job Service of lowa; and
5. Other.
'_ - 3 -
D. will seek qualified minority,
(Name of Company)
female, and local group applicants for all job categories and will make _
asserted efforts to increase minority, female and gro4p representation
in occupations at the higher levels or skill and responsibility.
E. All sources of employment used shall be aware that we are an Equal �
Employment Opportunity Employer. Labor organizations representing
our employees will be notified of our Equal Employment Opportunity _
Policy and Affirmative Action Program.
F. Training, upgrading, promotion and transfer activities at all levels will be ._-.
monitored to ensure that full consideration has been given to qualified
minority, female, and local group employees.
G. will encourage other
(Name of Company)
companies with whom we are associated and/or do business, to do the --
same and we will assist them in their efforts.
H. has taken the following —
(Name of Company)
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.
I. As a result of the above efforts, we have involved minority, female, and
local contractors and/or suppliers in the following areas of
subcontracting: (if none, write "NONE")
1.
2.
,1, 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.
- 4 -
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 tarqets,
,,,,, reasonablv attainable by means of applying every good faith effort to
make all aspects of the entire Affirmative Action Program work."
__ For the year 201_, please submit percentage targets for employing
minorities and women. If you already have reached your target for
hiring minorities and women, please submit that percentage.
*Goals for Minorities: %
Goals for Women: %
*Your affirmative action goals should be between 1% and 10% or more
for minorities and 1% and 5% or more for women.
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).
�
— - 5 -
CONTRACTOR'S TOTAL WORK FORCE --
(WATERLOO)
HOURLY
NAME AND ADDRESS JOB CATEGORY RACE SEX WAGE _
INDICATE: DISABLED VETERAN: DV -
VIETNAM ERA VETERAN: VV
HANDICAPPED: H _
- 6 -
We hereby certify that we are in compliance with all City and Federal
� Affirmative Action Regulations and agree to accept all liability for failure to
comply.
Respectfully submitted,
By:
� Company Executive
Date
�
_ By�
�
Equal Employment
Opportunity Officer
Date
�_ City of Waterloo Affirmative Action Officer
�
Approved
.
Disapproved Reason:
_. gy:
� Date:
— - 7 -
DESCRIPTION OF JOB CATEGORIES _
1. Officials/Manaqer: 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. —
- 8 -
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.
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-iob): Production. . . persons in formal training for craftsmen
when not trained under apprentice programs--operative laborer, and service
occupations.
+ White Collar. . . persons engaged in formal training for clerical, managerial,
professional, technical, sales, office and clerical occupations.
.�.
�
�
�
�
— - 9 -
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1
i ITEMS OF POTENTIAL MBE/WBE PARTICIPATION
� NOTICE TO PROSPECTIVE BIDDERS:
� The following are items from the F.Y. 2017 SERGEANT ROAD TRAIL BRIDGE NO. 1
REPLACEMENT, Contract No. 917, that have a potential for MBE/WBE Participation.
This listing, however, is not intended to be all encompassing; to preclude MBE/WBE
_ Contractors from bidding on any items of the Proposal as a Subcontractor or the entire
Proposal as a Prime Contractor.
w BID DESCRIPTION UNIT EST.QTY.
ITEM
�.
1 Mobilization LS 1
2 Traffic Control LS 1
3 Safet Closure EACH 4
4 Remove Brid e LS 1
_ 5 Remove Trail SF 120
6 Excavation, Class 10, Waste CY 80
� 7 Embankment-In-Place, Contractor Furnish CY 410
8 Com action with Moisture and Densit Control CY 410
- 9 Recreation Trail, PCC, 6" SY 103J
10 Granular Subbase, 6" TON 47.5
11 Granular Shoulder, 6" TON 13.5
�
12 Culvert, Concrete Roadwa Pi e, 48" LF 96.0
13 Apron, Concrete, 48" EACH 6
._
14 Erosion Stone TON 20.0
15 Furnish and S read To soil, 6" CY 80
_ 16 Seeding & Fertilizing, Urban ACRE 0.66
17 Seedin & Fertilizin , Rural ACRE 0.42
— 18 Rolled Erosion Control Product, RECP SY 311.7
19 Silt Fence, Install LF 410
20 Silt Fence, Remove LF 410
21 Construction Entrance LS 1
�
MBE/WBE GOALS FOR THIS PROJECT
IMPORTANT: Prime Contract Bidders should be aware that ten percent (10%) MBE
goal and a two percent (2%) WBE goal is attached to this project. "Certified Return
Receipt" letters are no longer needed with the bid showing proof of contacting MBE or �
WBE Subcontractors, but the Pre-Bid Contact Information Form must be filled out
completely.
City of Waterloo Contract Compliance Officer:
Contract Compliance Officer '
Community Development Board
Carnegie Annex, Suite 202
620 Mulberry Street !
Waterloo, IA 50703
Phone: (319) 291-4429 _
._
—
SUBCONTRACTOR'S BID REQUEST FORM
PRIME BIDDER'S LETTERHEAD
Contract No.:
` Letting Date:
I, (subcontractor's name), hereby attest that I have been solicited for a bid on
� (project name) in the area of (description of work and bid item no.).
_._:.
(Prime contractor) has informed me that if I am interested in bidding, a
subcontracting bid proposal must be submitted to the company office by (date)
µ and (time).
�
Subcontractor's Company Name
�
= Date Subcontractor's Signature
� Date Prime Bidder's Signature
�
�
�
�
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�
LETTER OF INTENT TO BID
u (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)
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CERTIFIED MBE CONTRACTORS
CARTER ELECTRIC
725 Adams Street
`� Waterloo, IA 50703
Phone: (319) 232-9808
Pager: (319) 235-4021
`� Contact: Derrick Carter
Specializing in:
ELECTRICAL CONTRACTOR
CULPEPPER ELECTRIC
1731 Cottage Grove Avenue
-- Waterloo, IA 50707
Phone: (319) 235-0885
Fax: (319) 236-8177
-� Contact: Martin Culpepper
Certified: City of Waterloo Certified MBE, Licensed Electrician
Specializing in:
�-- ELECTRICAL CONTRACTOR
DANIELS HOME IMPROVEMENT
`- 339 Albany Street
Waterloo, IA 50703
Phone: (319) 961-1659
-� Contact: Sammy Daniels
Specializing in:
ALL TYPES OF CONCRETE FLATWORK, POURED WALLS ALL TYPES, FOOTINGS, LIGHT
-- DEMOLITION
D.C. CORPORATION
-'' 426 Beech Street
Waterloo, IA 50703
Phone: (319) 493-2542
�'- FAX: (319) 236-0515
Contact: Terry Phillips
Certified: City of Waterloo Certified MBE, Iowa DOT, TSB Certified
-- Specializing in:
COMMERCIAL AND RESIDENTIAL DEMOLITION, CONCRETE PAVING, DRIVEWAYS,
TR UCKING (ALL TYPES), GENERAL CONSTR UCTION
�
�
� ,
GREER'S WORKS _
2003 Plainview Street
Waterloo, IA 50703
Phone: (319) 233-4701 .�
Contact: Willie Greer
Specializing in:
DRIVEWAYS, SIDEWALKS, CARPENTRY, ROOFING, GENERAL CONSTR UCTION —
OLD GREER'S WORKS
2309 Springview Street --
Waterloo, IA 50707
Phone: (319) 233-2150
Contact: David L. Greer, Sr. --
Specializing in:
ROOFING & GEN�RAL CONSTR UCTION
QUICK CONSTRUCTION
217 Bates Street
Waterloo, IA 50703 _
Phone: (319) 215-4166
Contact: Leroy Harrington
Specializing in: �
ALL TYPES OF CONCRETE FLATWORK AND GENERAL CONSTR UCTION
D & D CONSTRUCTION -
l 124 West Donald Street
Waterloo, IA 50703
Phone: (319) 961-4208 --
Contact: Darrell E. Caldwell, Sr.
Specializing in:
ROOFING AND GENERAL CONSTR UCTION --
E. CASTRO ROOFING
702 Riehl Street .
Waterloo, IA 50701
Phone: (319) 215-5683
Contact: Emillio Castro --
Specializing in:
ROOFING, SIDING, GENERAL CONSTRZ/CTION
�
` C'ERTIFIED WBE C�N'TRACTC�RS
ATLAS PAINTING, INC.*
� 911 Sycamore Street
P.O. BOX 65
Waterloo, IA 50704
� Phone: (319) 232-9164
Specializing in:
COMMERCIAL AND INDUSTRIAL PAINTING
WATCO CONSTRUCTION, INC.*
� 2920 Texas Street
Waterloo, IA 50702
Phone: (319) 233-7481
Certified: City of Waterloo WBE
� Contact: Patricia J. Kimball
Specializing in:
STORM SEWER, INLETS, DRAIN TILE, WATER MAIN, SANITARY SEWER, INTAKE
4` 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(�a,cfu.net
- Contact: Carol Reese
Specializing in:
�
FLOOR COVERING
*DENOTES WOMEN BUSINESS ENTERPRISE
—V
�
�
STATEMENT OF BIDDER'S QUALIFICATIONS
(To be submitted by the Bidder only upon the specific request of the City of Waterloo,
lowa.)
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?
i 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:
` STATEMENT OF BIDDER'S QUALIFICATIONS PAGE 1 OF 2 PAGES
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, lowa?
17. The undersigned hereby authorizes and requests any person, firm, or �'
corporation to furnish any information requested by the City of Waterloo, lowa,
in verification of the recitals comprising this Statement of Bidder's _
Qualifications.
Dated at , this day of _
, 201�.
(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
, 201 —
Notary Public
My commission expires , -'
STATEMENT OF BIDDER'S QUALIFICATIONS PAGE 2 OF 2 PAGES
STATEMENT OF BIDDER'S QUALIFICATIONS
(To be submitted by the Bidder only upon the specific request of the City of Waterloo,
lowa.)
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:
� STATEMENT OF BIDDER'S QUALIFICATIONS PAGE 1 OF 2 PAGES
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, lowa?
17. The undersigned hereby authorizes and requests any person, firm, or , �
corporation to furnish any information requested by the City of Waterloo, lowa,
in verification of the recitals comprising this Statement of Bidder's ^
Qualifications.
Dated at , this day of �
, 201_.
(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
, 201 �
Notary Public
My commission expires , i
�
STATEMENT OF BIDDER'S QUALIFICATIONS PAGE 2 OF 2 PAGES
�
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. 2017
SERGEANT ROAD BRIDGE NO. 1 REPLACEMENT, Contract No. 917 in
accordance with these specifications.
� The plans and specifications are dated August 22, 2016. They have the general
title of F.Y. 2017 SERGEANT ROAD BRIDGE NO. 1 REPLACEMENT, Contract
�. No. 917.
The standard specifications of the lowa SUDAS are to be used along with the
� special provisions described herein and shall be considered as part of the contract
documents.
- The Contractor shall not be compensated for delays and/or extra costs due to
conflicts with existing conditions.
-- 2. CONFLICTING SPECIFICATIONS
All requirements of other specifications contained in the contract documents
-- which conflict with the provisions of the special provisions will be considered
void.
_ 3. DUMPING AREAS
Excess dirt and rubble resulting from construction operations shall be hauled
-- to the County Landfill, approved Rubble Site 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
r not want to retain ownership of the materials. Materials designated in the field by
the Engineer as non-salvageable shall be hauled and disposed of by the
Contractor at no cost to the City. All other materials shall be transported to
GENERAL SPECIAL PROVISIONS CONTRACT NO. 917 Page 1 of 5
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. The removal and replacement of �
mailboxes will not be considered for direct payment, but will be considered
incidental to the item to which it applies.
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 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 CONTRACT NO. 917 Page 2 of 5
� The Contractor shall coordinate the work under this contract with contractors
perForming work under other contracts which may be performed concurrently.
The Contractor shall be responsible to notify the Police, Fire, Street, and
Engineering Departments of the closing and opening of streets.
The Contractor shall commence work within ten (10) days after receipt of the
r "Notice to Proceed" and diligently execute the work of the contract to completion.
12. BEGINNING OF CONSTRUCTION
--- The Contractor shall coordinate with the City Engineering Department the date
which the construction of this contract may begin.
--- 13. PRE-CONSTRUCTION CONFERENCE
Before any work is started, the Contractor shall arrange with the City Engineering
-- Department to hold a preconstruction conference to discuss problems and
schedules of contracts.
-- 14. 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 SIGNS AND STREET S1GNS
_ The Contractor shall contact the City of Waterloo Traffic Operations Department to
have any street sign that wil! be affected by construction removed and replaced
when the work has been completed.
r The Contractor shall contact the City of Waterloo Leisure Services Department to
have any trail sign that will be affected by construction removed and replaced when
� the work has been completed.
16. TRAFFIC CONTROL DURING CONSTRUCTION
� The Contractor shall, without further or other order, provide, erect, and maintain, at
all times during the progress and suspension of the work and until completion and
GENERAL SPECIAL PROVISIONS CONTRACT NO. 917 Page 3 of 5
final acceptance thereof, suitable and requisite barricades, signs, or other
adequate protection, as required by the latest edition of the "lowa 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 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.
All barricades required for this project shall be standard Type II, or III with high- _
intensity sheeting with flashing amber light attached.
For all locations where construction is required within the street, a standard "ROAD
WORK AHEAD" sign, 4' x 4' dimension with high-intensity sheeting with a flashing �
amber light attached, shall be located as directed by the Engineer.
Where alley approach walks are removed the Contractor shall use Type It or Type '"
III barricades with steady burn or flashing amber lights and high intensity sheeting,
on both the alley and street side of the approach. _
The barricades described above for pedestrian traffic shall also be required with
high-intensity sheeting. The Contractor shall replace the alley approach walk the ,
day it is removed.
The Contractor shall barricade both ends of each area where curb cut or sidewalk _
is removed. The Contractor shall use Type II or Type III barricades, as described
herein.
Barricades shall be clean with good reflective properties and constructed with high- �
intensity sheeting as determined in the field by the Engineer. If the reflectivity of
the barricade sheeting deteriorates, the contractor shall clean the barricade, as �
acceptable to the Engineer. All said barricade cleaning shall be considered
"Incidental" to the applicable items.
17. GRADES LINES LEVELS AND SURVEYS
The Contractor shall verify all grades, lines, levels and dimensions as shown on the _
drawings, and he shall report any errors or inconsistencies in the same to the City
Engineer before commencing work.
18. 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 CONTRACT NO. 917 Page 4 of 5 _
.�.. 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.
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 2016 due to City holidays: November 11, November 24 and 25.
�
.�.
�
�
�
�
_.
�
GENERAL SPECIAL PROVISfONS CONTRACT NO. 917 Page 5 of 5
` SPECIAL PROVISIONS
• STANDARD SPECIFICATIONS
The Standard Specifications referenced in the contract documents are as follows:
� SUDAS - lowa "Statewide Urban Design and Specifications", SUDAS, 2016 edition
and current revisions thereof.
� IDOT Standard Specifications — "Standard Specifications for Highway and Bridge
Construction, lowa Department of Transportation, Ames, lowa, Series of 2015"
� and current revisions thereof.
EARTHWORK, SUBGRADE AND SUBBASE
� • TOPSOIL PLACEMENT
_ Six (6") inches of topsoil shall be placed on top of the new embankment as shown
in the plans and as directed in the field by the Engineer. The Contractor may not
use existing topsoil excavated from the construction area. Additional topsoil that is
.-.. required to complete the work shall be furnished by the Contractor. The topsoil
shall be free of deleterious materials such as rocks, bricks, stones, roots, or other
debris. The topsoil shall be compacted, shaped and raked to provide a suitable
-- seed bed as directed by the Engineer. All topsoil material must be approved by
the Engineer prior to its placement. Topsoil placement will be incidental to
applicable items.
PAYMENT, LIQUIDATED DAMAGES AND PENALTIES
-- • TRAFFIC CONTROL
The Engineer, or authorized representative, shall periodically review traffic control
" that has been put in place by the Contractor. If traffic control devices are found to
be without proper maintenance, penalties shall be assessed. Improper
r maintenance shall include, but not be limited to, the following situations:
A. Less than 100 percent of lights in working order.
B. Any barricade or sign moved or tipped over.
` C. Fencing not supported in a vertical position.
D. Fencing not placed around excavations when workers/equipment are
not working at the location.
+ E. Lack of proper barricades or signage.
� Each incident is treated as a separate citation on an individual basis. It is not
intended that minor deficiencies be price adjusted if corrected the day notification
is given. In addition to a price adjustment, the Engineer may suspend work for
` irresponsible and/or repeated failure to construct the project using proper traffic
control procedures.
SPECIAL PROVISIONS CONTRACT NO. 917 Page 1 of 4
Penalties: 1 st Offense Written warning given by City. _
2nd Offense $ 100
3rd Offense $ 250
4th Offense $ 500 ---
5th Offense $1,000
6th Offense Engineer's discretion (amount
equal or greater than $1,000) —
• 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$500.00 per day, for each day, as further
described herein, in excess of the authorized time.
Days beyond the specified completion date for which Liquidated Damages will be
charged will be working days that the Contractor does, or could have worked from
Monday through Saturday. Sundays will be counted only if work is performed. '
Partial working days will be considered as a full working day. Days not chargeable
for Liquidated Damages will include rain days, Sundays, if no work is done and _
legal holidays.
Working days will cease to be charged when only punch list items remain to be �
completed. Punch list items do not include contract bid items or approved
change/extra work orders.
When the Contractor believes the project to be substantially completed, a written �
notice stating the same shall be submitted to the Engineer and a request made for
a Punch List. If the work under the Contract extends beyond the normal _
construction season for such work, the Contractor shall submit to the Engineer in
writing a request that working days counted toward the project be suspended until
work is resumed the following construction season. .�
This amount is not construed as a penalty. These damages are for the cost to the
City of providing the required additional inspection, engineering and contract _
administration.
MISCELLANEOUS _
• HAUL ROUTES
Haul routes to and from the project site will be submitted for review by the
Engineer. In general, the Contractor will request haul ro�.ites over the main streets
in the area, staying on streets within the project as much, as possible and should _
not include truck-embargoed streets.
At the construction site, the Contractor sh�ll not use the existing trail to access the —
construction area.
SPECIAL PROVISIONS CONTRACT NO. 91'; Page 2 of 4 —
� • MATERIAL STORAGE
_ The construction area must be kept clear of all materials and equipment except
those that are in use at any given time. Excess materials and equipment must be
stored in an area approved by the Engineer, prior to being placed there.
� • ARTIFICIAL LIGHTING
� No artificial lighting will be allowed during construction of this project.
� ROCK DRIVEWAYS
r! Existing rock in existing driveways shall be salvaged for reuse where possible.
Drive areas disturbed by excavation work shall be rocked to a depth of six (6")
_ inches. After placement of existing rock and/or new rock, the drive area shalt be
compacted as approved in the field by the Engineer.
..._ • 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:
— 1 st 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.
i Unlined earthen pits are not an acceptable waste receptacle.
• VOLUNTARY PARTNERING
�`�' The City of Waterloo intends to encourage the formation c�f a partnership with the
contractor and its principal subcontractors. This partnersf-�ip will be structured to
_ draw on the strengths of each organization to identify and achieve mutually
beneficial goals. The objectives are effective and efficieni: contract performance
and completion with budget, on schedule, and in accordar�ce with plans and
r specifications.
SPECIAL PROVISIONS CONTRACT NO. 917 Page 3 of 4
This partnership will be multi-lateral in makeup, and participation will be totally _
voluntary. Any cost associated with effectuating this partnering will be agreed to
by all parties and will be shared equally by the participating parties.
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. --
• 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.
• 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:
BID DESCRIPTION UiVIT EST.QTY. ...
TI'EM
5 Remove Trail SF 120 �
6 Excavation, Class 10, Waste CY $�
10 Granular Subbase, 6" TON 47.5 �
11 Granular Shoulder, 6" TON 13.5
14 Erosion Stone TON 20.0 —
15 Furnish and Spread To soil, 6" CY $�
16 Seedin & Fertilizin , Urban ACRE 0.66 —
17 Seedin & Fertilizin , Rural ACRE 0.42
19 Silt Fence, Install LF 410 '
20 Silt Fence, Remove LF 410
SPECIAL PROVISIONS CONTl�CT NO. 917 Page 4 of 4 �
` GENERAL SPECIFICATIONS FOR CONSTRUCTION
�" CITY OF WATERLOO, IOWA
Department of Engineering
SECTION A - Definitions of Terms
SECTION B - Scope of work
SECTION C - Control of Materials and Work
r 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, lowa, 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, lowa.
_ 3. ENGINEER. The City Engineer of Waterloo, lowa, 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 anci
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 GUARA9VTEE. 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.
�
� GENERAL SPECS Page 1 of 18
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 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, lowa, 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
GENERAL SPECS Page 2 of 18
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.
2�. 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
W essence in the contract.
�� SECTION B - SCOPE OF WORK
r 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 pro er
�" execution of the work. Materials or work described in words which, so applied,
have a well-known technical or trade meaning shall be held to refer to such
recognized standard.
2. DRAWINGS AND SPECIFICATIONS. Unless otherwise provided
` in the contract documents, the engineer shall furnish to the Contractor, free of
charge, all copies of drawings and specifications reasonably necessary for the
execution of the work.
_ The Contractor shall keep one (1) copy of all drawings and specifications
on the work available to the Engineer and to his representatives.
� 3. CONTRACTOR'S UNDERSTANDING. It is understood and
agreed that the Contractor has, by careful examination, satisfied himself as to the
nature, character and location of the work, the conformance to the ground, the
.,._ character, quality, and quantity of the materials to be encountered, the character
of the equipment and facilities needed preliminary to and during the prosecution
of the work, the general and local conditions, and all other matters which can, in
_ any way, affect the work under this 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
� GENERALSPECS
Page 3 of 18
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 i
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.
g. 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 i
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. "
GENERAL SPECS Page 4 of 18
10. RIGHTS OF VARIOUS INTERESTS. Whenever work being done
by the City's forces or by other Contractors is contiguous to work covered by this
— contract, the respective rights of the various interests involved shall be
established by the Engineer to secure the completion of the various portions of
the work in general harmony.
11. CLOSING STREETS TO TRAFFIC. The Engineer shall be the
judge of how many streets or parts of streets it is necessary for the Contractor to
— close at any time and may refuse to permit the closing of additional streets until
such of the work is finished and opened to traffic as he may direct.
�`" 12. OBSTRUCTION OF STREETS. The work is to be carried on in
such manner as to obstruct the streets, highways, and alleys as little as possible.
� The Contractor shall carry on the different parts of the work so as to complete the
whole, as nearly as practicable, at the same time. In doing the work, the
Contractor shall follow the directions of the Engineer as to the place or places
where work shall be started or be carried on and the direction in which it shall be
— done.
� 13. SHANTIES AND BUILDINGS. Shanties or other buildings shall not
be erected in or upon any street, highway, or alley without permission of the
Engineer. If such permission be granted, it may be upon any reasonable terms
� prescribed by the person or body granting such permission.
14. SANITARY CONVENIENCES. The Contractor shall furnish the
_ necessary sanitary conveniences, properly secluded, for the laborers on the
work, and these shall be maintained in a manner that will be inoffensive to the
public.
� 15. CLEANING UP. The Contractor shall, as directed by the Engineer,
remove from the City's property and from all public and private property, at his
_ own expense, all temporary structures, rubbish, and waste materials resulting
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 decid� any
and all questions which may arise as to the quality and acceptability of mat�rials
— furnished, work perFormed, manner of performance, rate of progress on the ��rork,
and all questions regarding the acceptable fulfillment of the terms r�f the ConYract.
" GENERALSPECS
Page 5 of 18
Materials and construction work shall, at all times, be subject to the inspection of _
the Engineer or his representatives. The Contractor shall be held strictly to the
true intent of these specifications as regards the quality of materials,
workmanship, and the diligent prosecution of the work. _
The Engineer and his representatives shall, at all times, have access to
the work wherever it is in preparation of progress, and the Contractor shall !
provide proper facilities for such access and for inspection. ,
If the specifications, the Engineer's instructions, law ordinances, or any _
public authority require any work and/or materials to be especially tested or
approved, the Contractor shall give the Engineer timely notice of readiness for
inspection. If the inspection is to be made by authority other than the Engineer, :
the Contractor shall notify the engineer of the date fixed for inspection.
Inspections by the Engineer will be promptly made and, where practicable, at the
source of supply. If any work should be covered up without the approval or _
consent of the Engineer, it must, if required by the Engineer, be uncovered for
examination at the Contractor's expense.
Re-examination of questioned work may be ordered by the Engineer, and, !
if so ordered, the work must be uncovered by the Contractor. If such work be
found in accordance with the Contract, the City shall pay the cost of re- _
examination and replacement. If such work be found not in accordance with the
Contract, the Contractor shall pay such cost unless he shall show that the defect
in the work was caused by another Contractor, and, in that event, the City shall ._
pay the cost.
2. AUTHORITIES AND DUTIES OF INSPECTORS. Inspectors may —
be stationed on the work to report to the Engineer as to the progress of the work
and the manner in which it is being performed; also, to report whenever it
appears that materials furnished and work performed by the Contractor fail to —
fulfill the requirements of the specifications and Contract, and to direct the
attention of the Contractor to such failure or infringement; but such inspection
shall not relieve the Contractor from 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. —
GENERAL SPECS Page 6 of 18
3. STATUS OF THE ENGINEER. The Engineer shali 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
r 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 alE 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 �►rithout lines
and grade being give, work done beyond lines shown on the plans �r as given,
_ except as herein provided, or any extra or additional work done withaut authority,
will be considered as unauthorized and at the expense of the Contractor and will
— GENERAL SPECS Page 7 of 18
not be paid for under the provisions of the Contract. Work so done may be _
ordered removed and replaced at the Contractor's expense. '
8. REMOVAL OF DEFECTIVE MATERIALS OR WORK. The
Contractor shall promptly remove from the premises all materials condemned by "
the engineer as failing to conform to the Contract; whether incorporated in the
work or not, and the Contractor shall promptly replace and re-execute his own �
work in accordance with the contract and without expense to the City, and shall
bear the expense of making good all work of other Contractors destroyed or
damaged by such removal or replacement. _
If the Contractor does not remove such condemned work and materials
within a reasonable time, fixed by written notice, the City may remove them and _
may store the material at the expense of the Contractor. If the Contractor does
not pay the expense of such removal within a reasonable time thereafter, the City
may, upon ten (10) days' written notice, sell such materials at auction or at _
private sale and shall account for the net proceeds thereof, after deducting all the
costs and expense that should have been borne by the Contractor; or, if the net
proceeds of such sale are insufficient to pay the expenses of removal, the City _
may deduct the balance from any amounts due the Contractor.
9. MATERIALS, EQUIPMENT, APPLIANCES, AND FACILITIES. .,
Unless otherwise stipulated, the Contractor shall provide and pay for all
materials, labor, water, tools, equipment, light, power, transportation, and other
facilities necessary for the execution and completion of the work. Materials shall _
be of the quality specified for each particular part of the work.
Whenever, in construction of the work or in the manufacture of any article _
of appliance necessary for the construction or operation of the work, it is
necessary to use any material that is not fully specified in these specifications, it
shall be of good quality and shall meet with the approval of the Engineer. —
Any appliance that is necessary for the construction or operation of the
work and is commonly recognized as a part of the work, shall be furnished by the —
Contractor as part of the work, whether or not it is specifically called for in the
plans and 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 IEQUIPMENT. Tr�e Contractor —
shall employ competent and efficient workmen i�nr every kind o{� work. Any
person employed on the work who shall refuse or neglect to obey k�e directions _
GENERAL SPECS Page 8 of 18
i 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 emp�oyees.
The methods, equipment, and appliances used on the work, and the labor
employed, shall be such as will produce a satisfaEtory quality of work and shall
-- be adequate to complete the contract within the specified time limit.
12. HIRING CITY EMPLOYEES. The Contractor shall not employ and
— hire any of the City's employees without the permission of the Engineer.
13. LABOR. Local labor shall be given preferences so far as
— practicable.
14. THE CITY'S RIGHT TO DO WORK. If the Contractor should
— neglect to prosecute the work properly or fail to perform any provision of this
Contract, the City of Waterloo, after three (3) days' written notice to the
Contractor may, without prejudice to any other remedy he may have, make good
�` such deficiencies and may deduct the cost thereof from the payment then or
thereafter due the Contractor, provided, however, that the Engineer shall approve
both such action and the amount charged to the Contractor.
_ SECTION D - PROCEDURE AND PROGRESS
1. ORDER OF COMPLETION - USE OF COMPLETED PORTIONS.
_ The Contractor shall complete any portion or portions of the work in such order or
time as the Engineer may require. The City shall have the right to take
possession of an use completed or partially completed portion of the work at any
_ time, but such taking possession and use shall not be deemed an acceptance of
work so taken or used, or any part thereof. If such 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 re�arding the quality of
_ the finished work at such time.
3. SUNDAYS AND LEGAL HOLIDAYS. Exce�t 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 �vill be permitted on
Sundays or legal holidays without specific permission of the L:ngineer.
— GENERAL SPECS Page 9 of 18
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 thirly (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 prosecution and completion of
the work, as provided under the article covering City's right to terminate contract. �
GENERAL SPECS F'age 10 of 18
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 caus� whatsoever, the Contractor, if
notified to do so by the City; shall promptl��� remove any part or all of his
� equipment and supplies from the property of th� City, failing which, the City shall
have the right to remove such equipment anci supplies at the expense of the
Contractor.
SECTION E - MEASUREMENT� AND PAYMENT
i 1. STANDARD OF MEASUREMEN°f. All work completed under the
contract shall be measured by the Engineer according to the United States
_ standard measures.
2. SCOPE OF PAYMENTS. Th� Engine�r's measurements of
_ quantities shall be the basis for final payment for the woirk pertormed under this
Contract. After the work is completed, the Engineer will make measurements
and computations of the number of units of e�ich of th� various it�ms of work
_ completed, and the Contractor will be paid` for the actual amo�.ant of work
performed at the rates specified in his Proposal'. Before final settlem�ent is made,
the Council may require the Contractor to sub�r�it a list �f all person�s furnishing
_ labor or materials, with evidence that such ;G�ersons have been �aid in full.
-- GENERAL SPECS Page 11 of 18
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 tf�e Contra�tor shall be '
compensated for as provided herein. If work is.to be don�e or materi�ls are to be
furnished by the Contractor which cannot properly be classified under unit prices �
included in the Proposal, the Contractor sh'all be paid therefor. the actual
reasonable cost of the labor and materials en�ering permanently in such work,
plus fifteen percent (15%) of the cost thereof. In computing the labor cost on _
such extra work, the following items shall be included:
(a) Actual payroll expenditures for labor at the current rate therefor, _
and cost of materials.
(b) Pay of foreman and timekeepers for actual time required on the _
extra work.
(c) Liability insurance, prorated, for the extra work. _
Labor cost items on extra work shall be furnished in duplicate by the
Contractor to the Inspector daily. The Inspector shall check the items, and if he _
finds them to be correct, he shall so certify on the statement of cost, returning
one copy to the Contractor and filing one copy with the Engineer.
The Engineer shall determine the cost of materials entering into extra work
from the materials and receipted freight bills for the same.
For any special machine, power tools, or equipment, including fuel and
lubricants, but not including small hand tools, which may be deemed necessary
or desirable to use, the Contractor shall be allowed a reasonable rental thereon, --
to be agreed upon in writing by the Engineer before such work is begun, and to
which sum no percentage is to be added.
The item of cost shall not include repairs or replacement �f 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 c�aims that any
instructions, by drawings or otherwise, involved extra cost under tpiis contract, he =
shall give the Engineer written notice thereof within ten ('i�) days after
completion of the work.
GENERAL SPECS _ Page 12 of 18
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 t61e Contractor has approved
the same.
_ If the figures of the Engineer and the Contraci:or 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 f�nal, and the Engineer shall,
within a period of five (5) days, file his compl�tion rep��rt.
_ Before action by the City Council upon such completion report, the
Contractor shall also file a written statement of any ciaims he may have against
the City, other than those shown by such completior� report, g��owing out of this
_ contract or the work done hereunder. The City shall �etain ten percent (10%) of
the amount due the Contractor on the completion repart for a p�riod 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 cont+�act ,the Gontractor agrees
— that any objections he may have to the statement o� the amount of work done
hereunder included by the Engineer in this completi��� report, and any �laims of
-- GENERAL SPECS Paqe 13 of 18
�
the Contractor against the City growing out of this contract and the work done �
hereunder which are not stated in writing in the rrianner 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 Cqntractor is presumed to be
familiar with all laws, ordinances, and regulations uvhich 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 t'ne work or the
handling or storing of materials therefor, and said Contractor shall also carry ,
liability insurance which shall meet the requirements of the lowa Worker's
Compensation Law.
Before work shall be started on this contract, the Contractc;�r shall furnish !
the City Clerk with proper affidavit or Affidavits executed by reprk�sentatives of
duly qualified insurance companies, evidencing that said insuranc;e company or ,
companies have issued liability insurance policies, effective durin� the life of the
contract, or for a period of a least ten (10) days following the f��ing of written
notice of cancellation, protecting the public and any person from injuries or �
GENERAL SPECS Page 14 of 18
damages sustained by reason of carrying on the work involved iri the Contract.
The affidavit shall specifically evidence the following forms of insurance
-- protection:
(a) Public liability insurance covering all operations performed by
— persons directly employed by the Contractor. �
�
(b) Public liability insurance covering all operations perFormed by any
-- Subcontractor to whom a portion of the work may have been
assigned.
—� (c) Public liability insurance covering all work upon the project
performed by any independent Contractor working under the
direction of either the principal Contractor or a Subcontractor.
(d) Motor vehicle bodily injury liability insurance and property damage
liability insurance on all motor vehicles employed on the work,
— whether owned by the Contractor or by other persons, firms, or
corporations.
— (e) The minimum protection shall be as follows:
Comprehensive General Liabilitv Insurance
General Aggregate Limit $ 5,OOC,000.00
Products—Completed Operation:;
Aggregate Limit $ S,OOO,U00.00
� Each Occurrence Limit $ 5 ,OOO,t100.00
_ Comprehensive Automobile Liabili�t�r
Insurance $ 1,000,000.00
_ The Contractor shall have the City o� Waterloo, lowa, narr�ed as an
Additional Named Insured". A certificate, or a ipolicy if requested, sh���ll be filed
with the Owner. �
� All certificates and/or policies of insurance furnished by the Cantractor to
be filed with the City Clerk shall include the name and address gf the agency
_ issuing the same. It shall also be required that the City Clerk be r�otified 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 complE�tion and '
, final acceptance thereof, suitable and requisite barricades, signs, or other
adequate protection, as required by the latest edition of the "lowa N1��nual on
— GENERAL SPECS P.�qe 15 of 18
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 shalf be secured and paid for by the City. _
8. CLAIMS FOR DAMAGES. Any claim for damages arising under
this Contract shall be made in writing to the party liable within a reasonable time _
of the first observance of such damage and no later than the time of final
payment, except as expressly stipulated otherwise in the case of faulty work or
materials, and shall be adjusted by agreement or arbitration. —
The Contractor shall be held for the payment of all just claims against him
arising out of the prosecution of this contract, and his bond will not be released _
until such claims are paid for dismissed.
9. ASSIGNMENT OF CONTRACT. The Contractor shall not sell or —
assign the contract or sublet any portion of the work providedl for therein without
the written consent of the City Council.
10. SUBCONTRACTORS. The r�ontractor sf�all, 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 sh�ill 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 �cts and om�s,sions of persons —
directly employed by him.
Nothing contained in the contract documents shall create any contractual —
relation between any Subcontractor and the City. j
11. ARBITRATION. All questions subject to arbitration under this "
Contract shall be submitted to arbitration at �he choice of;�ither party to the
dispute. _
GENERAL SPECS Page 16 of 18
The Contractor shail 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 lowa.
—� 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) day�,, then he shall be chosen by the
Comptroller of the State of lowa. 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 thr��ee, 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 authori�ed to
award to the party whose contention is sustained such sums as they shall �deem
proper for the time, expense, and troubl�: 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 lowa.
In the event of such laws providing on any matter covered by this article
otherwise than as hereinbefore specified, the method of proce��ure throughout
_ and the legal effect of the award shall be wholly in accordance with the laws of
the State of lowa, it being intended hereby to lay down a principl� 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. �
ti
�— GENERAL SPECS Page 17 of 18
12. PERFORMANCE AND PAYMENT BONDS. The Contractor shall,
at the time of execution and delivery of this contract and before the taking effect �
of same, furnish and deliver to the City written bonds of indemnity to the amount
required by law in form and substance, and with surety thereon satisfactory and
acceptable to the City, to insure the faithful performance and 'payment by the !
Contractor of all the covenants and agreements on the part of the Contractor
contained in this contract. These bonds shall remain in force a�nd effect for the
full amount of the Contract. !
13. PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out
any of the provisions of the Contract or in exercising any power or authority !
granted him thereby, there shall be no liability upon the Engineer or his
authorized assistants, either personally or as an official of the City, it being
understood that in such matters he acts as the agent and representative of the '�
City.
14. JURISDICTION. Any action in Court against the Contractor or
sureties on his bond because of damages to property or individuals by said
Contractor or his workmen, or because of the violation of any provisions of the _
specifications, or on account of the failure of said Contractor to comply fully with
these provisions, shall be brought in the District Court of the State of lowa in and
for Black Hawk County. _
15. TERMINATION OF RESPONSIBILITY. The Contract shall be
considered as completed and the Contractor released from further obligations _
except as to the requirements of his bond, after the work has been completed
and finally accepted and final estimates have been allowed and the completion
report of the engineer has been filed and approved by the Council. _
16. CITY'S LEGAL RIGHTS. The City shall not be precluded by any
measurements, estimate, or certificate made, either before or after the --
completion and acceptance of the work and payment therefor, from showing the
true amount and character of the work perFormed and materials furnished by the
Contractor, or from showing that any such measurement, estimate, or certificate —
is untrue or incorrectly made, or the work or mat�rials do not, in fact, conform to
the Contract.
The City shall not be precluded, notwithst�nding any such measurements,
estimate, or certificate and payment in accord�nce therewith, from recovering
from the Contractor and his surety such damages as it may sustain by reason of —
his failure to comply with the terms of the Contract. Neither the acceptance by
the City or any of its representatives, nor any payment for or acceptance of the
whote or any part of the work, nor any extensian of time, nor any possession —
taken by the City, shall operate as a waiver on any portion of the contract or of
any power herein reserved, or any right to damages herein provided. A waiver of
any breach of the contract shall not be held to be a waiver of any other or "
subsequent breach.
GENERAL SPECS Page 18 of 18
SUPPLEMENTAL GENERAL SPECIFICATIONS FOR CONSTRUCTION
1. SUBCONTRACTS
i 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
- SUPPLEMENTAL GENERAL SPECIFICATIONS
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 SPEC�FICATIONS
FORM OF CONTRACT
— CONTRACT FOR THE CONSTRUCTION OF
F.Y. 2017 SERGEANT ROAD TRAIL BRIDGE NO. 1 REPLACEMENT
CITY OF WATERLOO, IOWA
-` CONTRACT NO. 917
This contract made and entered into this day of , 20_, by and
� between the City of Waterloo, lowa, a Municipal Corporation, (hereinafter referred to
_ as City), and of Waterloo, lowa, (hereinafter
referred to as Contractor), WITNESSETH:
PAR. 1 Contractor agrees to build and construct the
and furnish all necessary tools,
equipment, materials1 and labor necessary to do all the work called for in
_ the plans and specifications in a workmanshiplike manner and for the
prices set forth in Contractor's proposal, which was accepted by the City,
and which is understood and agreed to be a part of this contract.
+ PAR. 2 It is understood and agreed that the resolution adopted by the City Council
ordering the construction of the improvement, the Notice to Contractors as
_ published, the Instruction to Bidders, the Form of Proposal, the
Construction and Maintenance Bonds, the Council Proceedings relating to
this matter, and the Plans and Specifications shall all be considered as
_ forming a part of the contract the same as though they were each set out in
said contract.
_ PAR. 3 The Contractor agrees to furnish at its own cost and expense, all
necessary materials and labor for said work and to construct said
improvements in a thorough, substantial, and workmanlike manner, and in
— strict accordance with the requirements of this contract, and of the plans
and specifications made a part hereof by reference, and to the satisfaction
and approval of the City and its engineer.
_. FORM OF CONTRACT PAGE 1 OF 5 PAGES
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
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, lowa, relating to the obstruction of streets and alleys, keeping
open passage ways for water, traffic, and protecting any excavations in any —
street or alley, and maintaining proper and sufficient barricades with lights
and signals during all hours of darkness, to see that the backfilling is
properly done, and agrees to keep the City whole and defend any and all —
suits that may be brought against the City by reason of any injuries that
may be sustained by any person or property allegedly caused by the
Contractor, or his agents, while work is done pursuant to this agreement. —
PAR. 8 The Contractor agrees that in the event a law suit is brought against the
City for damages allegedly sustained by reason of any act, omission or �
negligence of the Contractor or its agents, or on account of any injuries
allegedly sustained by reason of any obstruction, hole, depression or
barrier placed or dug by the defendant or its agents, in the doing of the "
work herein contracted for, that it will defend said suit and save the City
harmless therein, and in case judgment is rendered against the City, the
Contractor agrees to pay the same promptly. The Contractor agrees to '
carry public liability insurance in a solvent company in a sufficient amount
to protect the City and those who use the streets of the City. _
PAR. 9 The City shall have the right to appoint one or more construction reviewers
who shall review the progress of the work in detail; also, to make any test �
or any material to be used in such work. No material shall be used in any
work until the same has first been approved by the construction reviewer.
Such construction reviewer shall have full authority to pass judgment upon _
all materials and upon the manner of doing the work, and their judgment on
rejecting any materials, substance, or manner of work shall be final unless
it is revoked or modified by the City Engineer. _,.
FORM OF CONTRACT PAGE 2 OF 5 PAGES
__ PAR. 10 Any material, which has been rejected by the construction reviewer, shall
be at once removed from the line of work and shall not be again taken
thereon or placed with the material proposed to be used without the written
__ consent of the City Engineer.
PAR. 11 The Contractor shall maintain no cause of action against the City on
__ account of delays and prosecution of work, but if said work is delayed by
the City, the Contractor shall have such extra time for completion of the job
as was lost by reason of the delay caused by the City.
PAR. 12 The Contractor agrees to pay punctually all just claims of labor, material,
men, or subcontractors who shall perForm labor or furnish materials
-- entering into this improvement. It is agreed that the City need not pay the
Contractor until all such claims are paid by the Contractor. It is agreed that
the City shall not be liable for said labor, material, or men under this
-- contract.
PAR. 13 The Contractor agrees to furnish the City, simultaneously with this contract,
--� a bond on a form to be provided by the City in the amount provided by law
as stated in the Notice to Bidders, which shall be for the benefit of the City,
and any and all persons injured by the breach of any of the terms of this
— contract. Said bond shall be filed with the City Clerk and shall be subject to
the approval of the City Council, and is by reference made a part of this
contract.
PAR. 14 The Contractor agrees that should it abandon work under this contract or
cease the prosecution thereof for a period of thirty (30) consecutive days
� without reasonable cause, and should it fail to proceed with said work
within ten (10) days after a notice to continue or carry it on has been mailed
to it at the address given herein by the City, or after such notice has been
— served on it, then the City may proceed to complete said work, using any
material, tools, or machinery found along said line of work, doing the work
either by contract or as it may elect, and the Contractor and the sureties on
— its bond shall be liable to the City for the costs and expenses so paid out.
Said costs shall be retained by the City from any compensation due, or to
_ become due the Contractor, and may be recovered by the City in an action
upon Contractor's bond.
_ PAR. 15 In consideration of the full compliance on the part of the Contractor with all
the provisions, stipulations, and conditions hereof, or contained in the
various instruments made a part of this contract by reference, and upon
_ completion and acceptance of said work, the City agrees to pay to the
Contractor, in the manner set out in the Notice to Contractors, the amount
of money due the Contractor for work performed and accepted, at the unit
-' FORM OF CONTRACT PAGE 3 OF 5 PAGES
prices set out in the Contractor's proposal, which has been accepted by the —
C ity.
PAR. 16 The total amount of the contract, based on the Engineer's estimates of —
quantities and the Contractor's unit bid prices, and for which 100% surety
bond is required is $
PAR. 17 After the completion of said work, the Contractor agrees to remove all
debris and clean up said streets, and to save the City harmless from any
damage allegedly resulting from a failure to clean up and remove the —
debris or put the street back in a proper condition for travel.
PAR. 18 This contract is not divisible, but in the event of a conflict befinreen 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, lowa. 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 finro (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 PAGE 4 OF 5 PAGES
M CITY OF WATERLOO, IOWA
Mayor
_- City Clerk
Contractor
BY:
-- Title:
-- Approved by the City Council of the City of Waterloo, lowa, this
day of , 20 ,
ATi-EST: , �;ity Clerk
— Waterloo, lowa
_ �
- FORM OF CONTRACT PAGE 5 OF 5 PAGES
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, lowa (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 pertormed 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 befinreen 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:
— Performance Bond Page 1 of 2
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. —
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 C�ntract.
If CONTRACTOR is Partnership, all partners should execute BOND.
__ _ _
If this projecf 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 a�,ithorized to transact ,
business in the State where the project is located.
Performance Bond Page 2 of 2
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:
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 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 of
(number) '—'
which shall be deemed an original, this the day of
20
ATTEST:
Principal
(Principal)Secretary
(SEAL) gy �S) —
(Address) �
Witness as to Principal
(Address) —
Surety
ATTEST: By
Attorney-in-Fact
Witness as to Surety (Address)
(Address) �
NOTE: Date of BOND must not be prior to date of Contract.
If CONTRACTOR is Partnership, all partners shoutd 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.