HomeMy WebLinkAboutCONTRACT DOCUMENTS �
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_ FY 2016 Lower Plaza Fencing
Waterloo, Iowa
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� City Contract No. 915
— Prepared For:
City of Waterloo
715 Mulberry Street �
� Waterloo,Iowa 50703
_ Prepared By:
AECOM
501 Sycamore Street, Suite 222
P.O. Box 1497
" Waterloo,Iowa 50704-1497
June 2016
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� FY 2016 LOWER PLAZA FENCING
CITY CONTRACT NO. 915
CITY OF WATERLOO, IOWA
Prepared Far:
�.. City of Waterloo,Iowa
Prepared By:
AECOM
June 201 b
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`�,",»>jj0;�{�p{�11j�a"t'" I hereby certify that this engineering document was prepared by me or under my direct
�o�'�',y,seq'���������l��'';�, he sotate ofIowasion and that I am a duly licensed Professional Engineer under the laws of
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My license renewal date is December 31,2017.
� Pages or sheets covered by this seal:
All Pages
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FY 2016 LOWER PLAZA FENCING
CITY CONTRACT NO. 915
CITY OF WATERLOO,IOWA
CONTRACT DOCUMENTS
TABLE OF CONTEI�TTS
Pa�e
� 1. NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS...............................NPH-1 to NPH-4
2. INSTRUCTIONS TO BIDDERS..................................................................................IB-1 to IB-5
3. FORM OF BID OR PROPOSAL..................................................................................BF-1 to BF-2
4. SALES TAX EXEMPTION INFORMATION FORM.................................................STE-1
5. FORM OF BID BOND.................................................................................................BB-1
— 6. NON-COLLUSION AFFIDAVITS ..............................................................................NCA-1 to NCA-2
7. EQUAL OPPORTLINITY CLAUSE............................................................................EOC-1 to EOC-2
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8. TITLE VI......................................................................................................................TVI-1
9. RESIDENT/NON-RESIDENT BIDDER,RESIDENT BIDDER CERTIFICATION,
` NON-RESIDENT BIDDER CERTIFICATION...........................................................RB-1 to RB-3
10. AFFIRMATIVE ACTION PROGRAM........................................................................ 1 to 9
11. STATEMENT OF BIDDER'S QUALIFICATIONS ....................................................SQ-1 to SQ-2
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12. GENERAL SPECIAL PROVISIONS...........................................................................GSP-1 to GSP-4
13. SPECIAL PROVISIONS..............................................................................................SP-] to SP-3
" Section OS 50 00 Metal Fabrications..................................................................05 50 00-1 to OS 50 00-4
14. GENERAL SPECIFICATIONS FOR CONSTRUCTION............................................GS-1 to GS-13
15. SUPPLEMENTAL GENERAL SPECIFICATIONS FOR CONSTRUCTION............SGS-1
16. FORM OF CONTRACT...............................................................................................C-1 to G3
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17. PERFORMANCE BOND.............................................................................................PFB-1 to PFB-2
.. 18. PAYMENT BOND.......................................................................................................PB-I to PB-2
APPENDIX
— CHANGE ORDER FORM..........................................................................................................CO-1
PLAN SHEETS FOR THIS PROJECT ARE LOCATED AT THE BACK OF THIS SPECIFICATION
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Lower Plaza Fencing-60494736
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Lower Piaza Fencing-60494736
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NOTICE OF PUBLIC HEARING
On Proposed Plans,Specifications,Form of Contract,
�" And Estimate of Cost and the
NOTICE TO BIDDERS
_ For the Taking of Construction Bids
For the
FY 2016 LOWER PLAZA FEIVCING
In the City of Waterloo,Iowa
CONTRACT NO. 915
RECEIVING OF BIDS
Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of
� the said Ciry on the 23�d dav of June,2016, until 1:00 u.m. for the construction of the FY 2016 LOWER PLAZA
� FENCING, CITY CONTRACT NO. 915, as described in detail in the plans and specifications now on file in the
Office of the City Clerk.
_ OPEI�TING OF BIDS
All proposals received will be opened in the First Floor Conference Room at City Hall, in the City of Waterloo,
Iowa, on the 23ra of June, 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 June 27,2016, 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 the City Engineer of the City of Waterloo are now on file in the office of the City Clerk for
public examination, and any person interested therein may file written objection thereto with the City Clerk before
the date set for said hearing, or appear and make objection thereto with the City Clerk befare the date set for said
— hearing,ar appear and make objection thereto at the meeting above set forth.
SCOPE OF WORK
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The extent of the work involved is fabrication and installation of approximately 120 feet of railing along the Cedar
River in the City of Waterloo,Iowa.
BEGIIVNING AND COMPLETION DATES
The wark 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 October 30.2016.
METHOD OF PAYMENT TO CONTRACTOR
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The Contractor will be paid against bi-monthly estimates in cash on the basis of ninety-five percent (95%) of the
work as it is completed and materials delivered and work approved. Final payment will be made thirty-one (31)
days after completion of the work and acceptance by the Council. Before final payment is made, vouchers showing
_ that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and
labor will be required unless the City is satisfied that material,men and laborers have been paid.
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� NOTICE OF HEARING CITY CONTRACT NO.915 NPH-1 of 4
AECOM 60494736
The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay estimates, ._
according to Chapter 384.57 of the Code of Iowa, payment may be made by anticipatory warrants issued bearing a
rate of interest not exceeding that permitted by Chapter 74A, Code of Iowa.
PLANS AND SPECiFICATIONS "
Plans and Specifications governing the construction of the proposed improvements have been prepared by AECOM,
which plans and specifications and also the prior proceedings of the City Council referring to and defining said �
proposed improvements are hereby made a part of this notice, and the proposed contract by reference shall be
executed in compliance therewith.
Plans and Specifications are available from the City Engineer upon the City's 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, ink
markings, tears, stickers, water stains and soiling) to the Engineer's Office by the end of the 14t" consecutive day
after the project has been awarded. No deposits will be refunded for any requests ar plans received after the 14`h
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 ar 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 for each division of the contract to the qualified bidder submitting the lowest bid.
The City reserves the right to reject any or all bids,re-advertise for new bids, and to waive informalities in the bids
submitted that might be in the best interest of the City.
Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty (30) days from the day of the
opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders, priar to —
awarding the contract.
By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced with
the State of Iowa and preference will be given to local domestic labor in the construction of the improvement. '
PROPOSALS SUBMITTED
The bidder shall submit bids on the items listed in the proposal. The bidder shall clearly write or type the unit bid
price and the bid item extension(Unit Price x Estimated Qry) in numerals on the blanks provided. Should there be
any discrepancy between the unit bid price and extension, the City of Waterloo shall consider the unit bid price as
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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
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indicated in the space(s)provided on the Form of Bid ar Proposal.
B�D SECURITY REQUIRED
All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a
bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa ar
NOTICE OF HEARING CITY CONTRACT NO.915 NPH-2 of 4
AECOM 60494736
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chartered under the laws of the United States, or bid bond, (on the form furnished by the City)payable to the City of
Waterloo, Iowa, in the sum of not less than five percent(5%) of the bid submitted, which certified check, certified
- share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the
work and wlll 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
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damages. If bid bond is used, it must be signed by both the Bidder and the surery 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 surery 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.
--- MAINTE1vANCE 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 Irnown 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.
^ LIQUIDATED DAMAGES
Time is an essential element of this contract. It is important that the wark be diligently pursued to completion. If
_ the work is not completed within the specified contract period,plus authorized extensions,the contractor shall pay to
the City Liquidated Damages in the amount of five hundred dollars ($500.00) per day, for each day, as further
described herein, in excess of the authorized time.
- Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that
the contractor does, or could have worked, from Monday through Saturday. Sundays will be counted only if work is
performed. Partial working days will be considered as a full working day. Days not chargeable for Liquidated
� Damages will include rain days, Sunday if no work is done, and legal holidays.
Working days will cease to be charged when only punch list items remain to be completed. Punch list items do not
include contract bid items ar approved change/extra work orders.
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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 wark 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 OF HEARING CITY CONTRACT NO.915 NPH-3 of 4
AECOM 60494736
Each bidder submitting a bid shall execute and include with the bid, a Resident Bidder Certification or a Non- _
Resident Bidder Certification in the form(s)herein provided.
SALES TAX EXEMPTION CERTIFICATES
Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building
materials or supplies in the performance of construction contracts let by the City of Waterloo.
Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City Council of !
said Waterloo, Iowa, on the 6`� day of June,2016.
CITY OF WATERLOO,IOWA
BY: _
Suzy Schares
City Clerk
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NOTICE OF HEARING CITY CONTRACT NO.915 NPH-4 of 4
AECOM 60494736 �
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INSTRUCTIONS TO BIDDERS
1. EXPLANATIONS TO BIDDERS
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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, Specificarions, 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
g„ 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
thereo£ 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 ar 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, 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 wards "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 ariginal 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., $714). 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.
� INSTRUCTIONS TO BIDDERS CITY CONTRACT NO.915 IB-1 of 5
AECOM 60494736
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.
£ Any changes or alterations made in the Bid Form, ar 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 ciry Council of Waterloo. Bids in which the
unit prices are obviously unbalanced may be rejected.
g. If the bidder does not qualif}� as a resident bidder, the nonresident bidder shall specify on the �
project proposal whether any preference to resident bidders, including but not limited to any
preference to bidders, the imposition of any type of labor force preference, or any other form of
preferential treatment to bidders or laborers from that state or foreign country is in effect in the '
nonresident bidder's state or country of domicile at the time of a bid submittal.
4. SUBMISSION OF BIDS =
a. A bid must be sealed in a separate envelope and marked to indicate its contents and be
accompanied by the bid security in a separate envelope. If forwarded by mail, the two envelopes
shall be placed in a third and mailed to the City Clerk/Auditar. All bids must be filed with the '�
City Clerk/Auditor of the City of Waterloo at his office in the City Hall before the time specified
for closing bids.
b. Bids received prior to the advertised hour of opening will be securely kept sealed. The officer �
whose duty it is to open them will decide when the specified time has arrived, and no bid received
thereafter will be considered; except that when a bid arrives by mail after the time fixed for
opening but before the reading of all other bids is completed, and it is shown to the satisfaction of "'
the City of Waterloo, Iowa, that the non-arrival on time was due solely to delay in the mails for
which the bidder was not responsible, such bid wIll be received and considered.
c. Bidders are cautioned that, while telegraphic modifications of bids may be received as provided �
above, such modifications, if not explicit and if in any sense subject to misinterpretation, shall
made the bid so modified or amended, subject to rejection.
5. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS
Bids and modifications or withdrawals thereof received at the office designated in the Notice to Bidders _,
after the exact time set far closing of bids will not be considered. However, a modification which is
received from an otherwise successful bidder, and which makes the terms of the bid more favorable to the
City of Waterloo,will be considered at any time it is received and may therefore be accepted. Bids may be
withdrawn by written or telegraphic request received from bidders prior to the time set for closing of bids. �-
6. PUBLIC OPENING OF BIDS
Bids will be publicly opened at that time and place set for opening in the Notice to Bidders. Their content �
will be made public for the information of bidders and others interested who may be present either in
person or by representative.
7. BID SECURITY REQUIRED
All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa
bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union
in Iowa or chartered under the laws of the United States, or bid bond (on the form furnished by the City)
payable to the City of Waterloo, Iowa, in the sum of not less than five percent(5%) of the bid submitted,
which certified check, certified share draft or bid bond will be held as security that the Bidder will enter .-.
into a Contract for the construction of the work and will furnish the required bonds, and in case the
successful Bidder shall fail or refuse to enter into the Contract and furnish the required bond, his bid
INSTRUCTIONS TO BIDDERS CITY CONTRACT NO.915 IB-2 of�
AECOM 60494736 !
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security may be retained by said Ciry as agreed upon liquidated damages. If bid bond is used, it must be
signed by both the bidder and the surety or surety's agent. Signature of surety's agent must be supported by
accompanying Power of Attorney.
8. COLLUSIVE AGREEMENTS
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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 Compliance Officer by 5:00 P.M.the business day following the day bids on this
� project are due,a Non-Collusion Affidavit in the form herein provided,to the effect that he has not
colluded with any other person, firm, or corporation in regard to any bid submitted. Before
executing any subcontract, the successful bidder shall submit the name of any proposed
subcontractor for approval by the City.
9. EMPLOYMENT AND BUSINESS OPPORTUNiTY
� To the greatest extent feasible, suppliers, subcontractors, and low income workers owning businesses or
living in the Waterloo area must be given priority in supplying materials, bidding for subcontract work, or
applying for employment by the contractor on this project. Opportunities for training and for employment
arising in connection with this project, shall to the greatest extent feasible be made available to lower
"� income persons residing in the project area. The contract area is the City of Waterloo.
The City of Waterloo will require the contractor to document his efforts in securing lower income workers
, living in the project area and in purchasing supplies from, and awarding subcontracts to, businesses owned
r by persons residing in the project area.
10. STATEME1vT OF BIDDER'S QUALIFICATIONS
Each bidder shall, upon request of the City of Waterloo, Iowa, submit on the form furnished for that
purpose (a copy of which is included in the contract documents), a statement of bidder's qualifications,his
experience record in constructing the rype of improvements embraced, and his organization and equipment
`� available for the work contemplated; and, when specifically requested, a detailed financial statement. The
Ciry of Waterloo,Iowa, shall have the right to take such steps as it deems necessary to determine the ability
of the bidder to perform his obligations under the contract, and the bidder shall furnish the City of
-- Waterloo, Iowa, all such information and data far 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 sarisfy the City of
Waterloo,Iowa,that the bidder is qualified to carry out properly the terms of the contract.
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11. AWARD OF CONTRACT
a. Award of contract will be made to that responsive and responsible bidder whose bid, conforming
.�„ to the Specifications, is most advantageous to the City of Waterloo; price and other factors
considered. The intention is to award the contract at the time of opening bids, but the right is
reserved to postpone such action for a reasonable time,not exceeding thirty(30)days.
" b. The City Council may, when in its interest,reject any or all bids or waive any informality in bids
received.
v 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
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INSTRUCTIONS TO B[DDERS CITY CONTRACT NO.915 IB-3 of 5
AECOM 60494736
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 for the BASE BID plus
ALTERNATE(S)chosen by the City as indicated in the NOTICE TO BIDDERS.
d. When a conh-act 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 ar foreign country if that state ar fareign 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 rype of labor force preference, ar 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 fareign country in which the nonresident
bidder is a resident.
12. EXECUTION OF AGREEMENT, BONDS,AND CERTIFICATE OF I1vSURANCE
a. Subsequent to the award and within ten (10) days after the prescribed forms are presented for '—
signature, the successful bidder shall execute and deliver to the City of Waterloo, Iowa, an
agreement in the form included in the contract documents in such number of copies as the City of
Waterloo,Iowa,may require.
b. Having satisfied all conditions of award as set forth elsewhere in these documents, the successful
bidder shall, within the period specified in paragraph "a" above, furnish a surety bond and a
payment bond in a penal sum not less than the amount of the contract as awarded, as security for -
the faithful performance of the contract and terms and conditions therein contained and shall
guarantee the prompt payment of all persons, firms, or corporations to whom the contractor may
become legally indebted for labor,materials, tools, equipment, or services of any nature including
utility and transportation services, employed or used by him in performing the work. The bonds '
shall protect and save harmless the City from claims and damages of any kind caused by the
operations of the contractor and shall also guarantee the maintenance of the contract
improvements for the period stated in the Notice of Hearing from and after completion of said —
improvements and their acceptance by the City. Such bonds shall be in the same form as that
included in the contract documents and shall bear the same date as, or a date subsequent to that of
the agreement. The current Power of Attorney for the person who signs for any surety company ^
shall be attached to such bonds.
c. The successful bidder shall, within the period specified in paragraph "a" above, furnish a
certificate of insurance for approval in amounts of not less than the amounts specified in the --
General Specifications for Construction, Section F.No. 4 "Liability Insurance," Pages 14 to 15 of
18 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
contractar 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 far all his employees and those of his subcontractors engaged
in wark at the site, in accordance with State Workmen's Compensation Laws. --�
d. The failure of the successful bidder to execute such agreement and to supply the required bond or
bonds within ten (10) days after the prescribed forms are presented for signature, or within such `
extended period as the City of Waterloo, Iowa, may grant, based upon reasons determined
sufficient by the City of Waterloo, Iowa, may either award the contract to the next lowest bidder
or re-advertise for bids, and may charge against the bidder the difference between the amount of ....
the bid an the amount for which a contract for the wark is subsequently executed, irrespective of
whether the amount thus due exceeds the amount of the bid guaranty. If a more favorable bid is
INSTRUCTIONS TO BIDDERS CITY CONTRACT NO.915 IB-4 of 5
AECOM 60494736
received by re-advertising, the defaulting bidder shall have no claim against the City of Waterloo,
Iowa,for a refund.
13. RECIPROCAL RESIDENT BIDDER PREFERENCE
r Attention of bidders is called to the requirement of complying with the provisions of the Resident
Bidder/Non-Resident Bidder requirement.
Each bidder submitting a bid shall execute and include with the bid, a Resident Bidder Certification or a
�— Non-Resident Bidder Certification in the form(s)herein provided.
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� INSTRUCTIONS TO BIDDERS CITY CONTRACT NO.915 IB-5 of 5
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FORM OF BID OR PROPOSAL
-- FY 2016 LOWER PLAZA FENCING
CITY CONTRACT 1�i0.915
CITY OF WATERLOO,IOWA
Honorable Mayor and City Council
Waterloo,Iowa
� Gentlemen:
1. The undersigned, being a Corporation existing under the laws of the State of , a Partnership
- consisting of the following partners: , having familiarized
(himsel fl (themselves) (itsel fl with the existing conditions on the project area affecting the cost of the work,
and with all the contract documents listed in the Table of Contents and Addenda (if any), as prepared by
� AECOM now on file in the office of the City Clerk, City Hall, Waterloo, Iowa, hereby proposes to furnish all
supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services,
including utility and transportation services required to construct and complete this FY 2016 LOWER
PLAZA FENCING, CITY CONTRACT NO. 915, all in accardance with the above-listed documents and
`"' for the unit prices for work in place for the items and quantities shown on the following pages:
,� FY 2016 LOWER PLAZA FENCING
CITY CONTRACT NO.915
CITY OF WATERLOO,IOWA
Item Unit Total Bid
` No. Description Unit price Quantity Price
1 Cable Guardrails,With Galvanized LF $ 119.58 $
Steel Posts
�� TOTAL BID AMOUNT $
,_ 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit bid
price for the work done shall govern in the actual paytnent to Contractor.
3. In submitting this bid,the bidder understands that the right is reserved by the City of Waterloo, Iowa,to reject
-- any or all bids. If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the
undersigned within thirty (30) days after the opening thereof, or at any time thereafter before this bid is
withdrawn,the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish 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 fmancial and experience statement upon request.
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"^ FORM OF BID CITY CONTRACT NO.912 BF-1 of2
AECOM 60494736
8. The Prime Contractor and Subcontractor(s),which have performed an aggregate of$10,000.00 in work for the r..
� City in the current calendar year, are prepared to submit an AAP ar Update and an EOC,within ten(10)days
of notification that the bid submitted is lowest and acceptable.
9. The bidder has received the following Addendum ar Addenda: -
Addendum No. Date
10. 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 pm.the business day following the day Bids on this Project are due along with the Non-
Collusion Affidavits of All Subcontractar(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/ar 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) �
BY: Title
Official Address: (Including Zip Code):
I.R.S.No.
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FORM OF BID CITY CONTRACT NO.912 BF-2 of 2
AECOM 60494736
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� k�� ,^ CITY OF WATERLOO, IOWA
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� �� � ���,�.�. WATERLOO ENGINEERING DEPARTMENT
` � � 7�.� 715 Mulberry St. ' Waterloo, IA 50703 ' (319) 291-4312 Fax(319) 291-4262
� �' �
"� `��� ��'� ERIC THORSON,P.E. ' City Engineer
� ,„<„
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Mayor INFORMATION NEEDED
QUENTIN FOR
HART
—� IOWA CONSTRUCTION SALES TAX EXEMPTION CERTIFICATE
courrclL
— MEMBERs CONTRACTOR NAME:
. . . . . . . . . . . . . . .
DAviD
_,. JONEs ADDRESS:
Ward 1
BRUCE
._.. JACOBS
Ward 2
(Check One) PRIME: SUBCONTRACTOR:
PATRICK
—. Mo�ssEY FEDERAL ID#:
Ward 3
JERo� pROJECT NAME:
-- AMOS,JR
Ward 4
PROJECT CONTRACT NO.:
RON
� wa dsER DESCRIPTION OF WORK:
TOM
— L�tvD ❑ Brickwork ❑ Landscaping
At-Large �
❑ Carpentry ❑ Painting
STEVEN
_ . SCHMITT ❑ Concrete ❑ Paving
At-Large
❑ Drywall-Plaster-Insulation ❑ Plumbing
-�- ❑ Electrical ❑ Roofing-Siding-Sheet Metal
❑ Excavation/Grading ❑ Windows
— ❑ Flooring ❑ Wrecking-Demolition
❑ Heavy Construction ❑ Other (Please Specify)
� ❑ Heating-Ventilating-Air Cond. ❑
WE'RE WORKING FOR YOU!
An Equal Opportunity/Affirmative Action Employer
SALES TAX EXEMPTION CITY CONTRACT NO.915 Page STE-1 of 1
`� AECOM 60494736
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BID BOND
KNOW ALL MEN BY THESE PRESENTS,that we,
as Principal,and
r as Surety are held and firmly bound unto the CITY OF WATERLOO ,Iowa,
hereinafter called"OWNER," in the penal sum
—' Dollars($ )lawful money of the United States,for the payment of which
sum will and truly be made,we bind ourselves, our heirs, executors, administrators, �nd 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 ,2016,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.2016.
(Seal)
� Principal
By
(Title)
(Seal)
Witness Swety
~ By
W imess Attorney-in-fact
`�` BID BOND CITY CONTRACT NO.915 BB-1 of 1
AECOM 60494736
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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 A�ent) � , of
" ,the Bidder that has submitted the attached B id;
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 ar 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 ar cost element of the bid price or the bid price of any other
r Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage
against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and
5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion,
conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents,representatives,
owners,employees,or parties in interest, including this affiant.
(Signed)
-- Title
Subscribed and sworn to before me this day of
� ,2016.
Title
My commission expires
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� NON-COLLUSION CITY CONTRACT NO.915 NCA-1 of 2
AECOM 60494736
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 A�ent) ,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 subcontractar's proposal is genuine and is not a collusive or sham proposal;
� 4. Neither the subcontractor nor any of its officers, partners, owners, agents, representatives, employees, or —
parties in interest, including this affiant,has in any way colluded,conspired,connived,or agreed,directly or
indirectly, with any other bidder, firm or person to submit a collusive or sham proposal in connection with
such contract or to refrain from submitting a proposal in connection with such contract, or has in any _
manner, directly or indirectly, sought by unlawful agreement or connivance with any other bidder, firm or
person to fix the price or prices in said subcontractor's proposal, or to fix any overhead, profit or cost
element of the price of prices in said subcontractor's proposal, or to secure through collusion, conspiracy,
connivance or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person '—
interested in the proposed contract; and
5. The price or prices quoted in the subcontractor's proposal are fair and proper and are not tainted by any �
collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents,
representatives, owners, employees, or parties in interest, including this affiant.
(Signed) �
Title _
Subscribed and sworn to before me this day of
,2016.
Title
My commission expires
NON-COLLUSION C[TY CONTRACT NO.915 NCA-2 of 2
AECOM 60494736
EQUAL OPPORTUI�iITY 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 e�nployed 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
£ 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 ar understanding, a notice advising said labor union or workers' representative of the
contractor's commitment under this section.
4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published
rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract
' �, Compliance Provisions.
5. The contractor, subcontractor, vendor and supplier of goods and services will furnish and file compliance
reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms
� "" will elicit informarion as to the policies,procedures,patterns, and practices of each subcontractar 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 contractar may be declared ineligible for further contracts in accardance with procedures
authorized by the City Council.
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+'t EQUAL OPPORTLTNITY CITY CONTRACT NO.915 EOC-1 of 2
AECOM 60494736
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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 far 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)
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EQUAL OPPORTLJNITY CITY CONTRACT NO.915 EOC-2 of 2
AECOM 60494736
TITLE VI CIVIL RIGHTS
� During the performance of this contract, the contractor (for itsel�, 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), �vhich 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 contractar for work to be performed under a
subcontract, including procurement of materials or leases of equipment, each potential subcontractor or
supplier shall be notified by the contractor of the contractor's obligations under this contract and the
Regulations relative to non-discrimination on the grounds of race, color, national origin, sex, age, or
-.. disability.
4. Information and Reports: The contractor shall provide all information and reports required by the
Regulations or directives issued pursuant there to, and shall allow access to its books, records, accounts,
- other sources of information, and its facilities as may be determined by the Contracting Authority,the Iowa
DOT, or FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions.
Where any information required of a contractor is in the exclusive possession of another who fails or
refuses to furnish this information the contractor shall so certify to the Contracting Authority, the Iowa
DOT,or the FHWA as appropriate,and shall set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination
— provisions of this contract, the Contracting Authority, the Iowa DOT, or the FHWA shall impose such
contract sanctions as they may determine to be appropriate, including,but not limited to:
� a. Withholding of payments to the contractor under the contract until the contractor complies, and/or
b. Cancellation,termination,or suspension of the contract, in whole or in part.
6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in
"' every subcontract, including procurement of materials and leases of equipment, unless exempt by the
Regulations, or directives issued pursuant thereta The contractor shall take such action�vith respect to any
subcontract or procurement as the Contracting Authority, the Iowa DOT, or the FHWA may direct as a
.... means of enforcing such provisions including sanctions for non-compliance: Provided, however, that, in
the event of a contractar becomes involved in, ar it threatened with, litigation with a subcontractor or
supplier as a result of such direction, the contractor may request the Contracting Authority or the Iowa
DOT to enter into such litigation to protect the interests of the Contracting Authority or the Iowa DOT;and,
"' in addition, the contractor may request the United States to enter into such]itigation to protect the interest
of the United States.
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"` TITLE VI CNIL RIGHTS CITY CONTRACT NO.915 TVI-1
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RESIDENT/NON-RESIDENT BIDDER
� RESIDENT BIDDER:
In accordance with Section 73A.21 of the Iowa Code, all non-federal-aid public improvement projects, which
— include road construction, shall be perfarmed by a qualified resident bidder. The resident bidder has been further
defined as follows:
Resident Bidder:
A person or entity authorized to transact business in this state and having a business for at least
three years prior to the date of the first advertisement for the public improvement. If another state
or foreign country has a more stringent definition of a resident bidder,the more stringent definition
— is applicable as to bidders from that state or foreign country.
The contractor shall provide the City with a certification that he is a qualified resident bidder according to the above
definition. The Certification shall be submitted with the contractor's bid. A copy of the form of"Resident Bidder
� Certification is included in the Contract Documents. If it is determined that the contractor does not meet this
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qualification after he begins work, a shutdown notice shall be issued and the voiding of the contract shall begin
unless the contractar becomes qualified.
NON-RESIDENT BIDDER:
r The contractor shall provide the City with a certification that he is a non-resident bidder according to the above
definition. The Certification shall be submitted with the contractor's bid. A copy of the form of"Non-Resident
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Bidder Certification"is included in the Contract Documents.
DJG
O1/02/12
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� RESIDENT BIDDER CITY CONTRACT NO.915 RB-1 of 3
AECOM 60494736
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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 far 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
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RESIDENT BIDDER CITY CONTRACT NO.915 RB-2 of 3
AECOM 60494736
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NON-RESIDENT BIDDER CERTIFICATION
CONTRACT NO.:
� PROJECT NAME:
DATE OF LETTING:
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_, I hereby certify that I am an Iowa non-resident bidder.
� COMPANY NAME:
CORPORATE OFFICER:
— TITLE:
DATE:
.._. STATE/COUNTRY OF RESIDENCY:
Stated below are the preference(s)to resident bidders in the state/country of
(Preference to bidders, labar force,or other preferential treatment to bidders or laborers,etc.
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RESIDENT BIDDER CITY CONTRACT NO.915 RB-3 of 3
AECOM 60494736
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Revised February 2003
"' CONTRACTOR'S OR SUBCONTRACTOR'S AFFIRMATTVE ACTION PROGRAM
Check box that applies to party completing program:
� ( ) General Contractor
( ) Subcontractar
` 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 ofProject
— Project Contract Number
Estimated Construction Work Dates /
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/ar Principals of your company:
—.
� Ethnic
Name Address Position Sex Ori�in
�
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 tollowing information: ,_,
Type of
Name Address Affiliation D�
II. EMPLOYER'S POLICY(Please read carefully.)
A. We, the undersigned, recognize that we are morally and legally committed to nondiscrimination in �
employment. Any person who applies for employment with our company will not be discriminated
against because of race, color, creed, sex,national origin, economic status, age,mental ar 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 far
minorities and women and we will direct our efforts to correcting any deficiencies to the maximum
extent possible. The same will be re�uired of our SUBCONTRACTORS and suppliers. --
C. We submit this program to assure compliance with Executive Order 11246, as amended, and other
subsequent orders that may pertain to equal employment opportunity and merit employment '
policies, fully realizing that our qualification and/or merit system should be evaluated and revised,
if necessary.
D. We agree to put forth the maximum effort to achieve full employment and utilization of —
capabilities and productivity of all our citizens without regard to race, creed, color, sex, national
origin,economic status, age,and mental or physical handicap.
E, will give training �
(Name of Company)
and employment opportunities to local residents of Waterloo, Iowa,to the greatest extent feasible.
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IlL AFFIRMATNE 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 Employtnent
5. Female Recruitment and Employment; and
6. Training,Upgrading and Promotional Opportunities.
— C• will take
(Name of Company)
whatever steps are necessary to ensure that our total work force has adequate minority, female, and
local representation. We will utilize the following methods in our recruitment attempts:
1. Local advertising media(newspapers,radio,TV);
2. Community organizations(churches, clubs, schools);
-- 3. Public and private institutions in the area(LJNI,Hawkeye Community Gollege);
4. Job Service of Iowa; and
5. Other.
�• will seek qualified minority,
(Name of Company)
female, and local group applicants for all job categories and will make asserted efforts to increase
� minority, female and group representation in occupations at the higher levels or skill and
responsibility.
E. All sources of employment used shall be aware that we are an Equal Employment Opportunity
—` Employer. Labor organizations representing our employees will be notified of our Equal
Employment Opportunity Policy and Affirmative Action Program.
-- F. Training, upgrading promotion and transfer activities at all levels will be monitored to ensure that
full consideration has been given to qualified minority,female, and local group e�nployees.
_ 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.
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H. has taken the following
(Name of Company)
Affirmative Action to ensure that minarity, female, local contractors and/ar suppliers were
provided opportunities to negotiate and/ar bid on this project (if none,write ��NONE") "
1.
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2.
I. As a result of the above efforts, we have involved minority, female, and local contractors and/or
suppliers in the following areas of subcontracting: (if none,write "NONE") �
1.
2.
J, will require approved ,
(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 enswe that non-minority contractors have adequate
representation of minority, female and local persons in their total work force. �
K. In further accordance with rules and guidelines issued pursuant to Executive Order ll246 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:
Minoriry Parity=.08 (8%) —
N. Affirmative Action
(Name of Company)
Employment Goals: —
The defmition of Affirmative Action Goals is as follows: "Goals may not be rigid and inflexible
quotas which must be met, but must be tar�ets, reasonably attainable by means of applying every �..
pood faith effort to make all aspects of the entire Affirmative Action Program wark."
For the year 200_, 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°/o and 10%or more for minorities and 1%and
5%or more for women. —
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Please be advised that the goals or targets are purely your estimation of how many women and
minorities your company can reasonably expect to hire in 20 . Note, that none of the goals are
— rigid or inflexible. They are targets that your company calculates as reasonably attainable. This
will help the Ciry in its monitoring procedures as required by Ciry of Waterloo Resolution
No. 1984-142(4).
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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
— DatO
By:
� Equal Employment
Opportunity Officer
Date
City of Waterloo Affirmative Action Officer
� Approved
Disapproved Reason:
By:
-- Date:
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DESCRIPTION OF JOB CATEGORIES
1. Of�cials/Manager: Occupations in which employees set broad policies, exercise overall responsibiliry far '
execution of all policies, ar 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 lrnowledge 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, doctars, 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 warkers.
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 lrnowledge of the processes involved in the work which is acquired through on-the job
training programs. Includes: Mechanics and repairman, electricians,heavy equipment operators, stationary
engineers, skilled machine occupations, carpenters, compositors and typesetters and kindred workers. —�
6. Sales Workers: Occupations engaging wholly and primarily in direct selling. Includes: advertising agents
and salesman, insurance agents and brokers, real estate agents and brokers, stock and bond salesmen, �
demonstrators, salesmen and sales clerks,grocery clerks and cashier checkers,and kindred workers.
7. Operatives (semi-skilled): Workers who operate machine or processing equipment or perform other
factory-type duties of intermediate skill level which can be mastered in a few weeks and require only --
limited training. Includes: apprentices (auto mechanics), plumbers, building trades, metal warking 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.
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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 lifting, digging,mixing, loading and pulling operations and kindred workers.
9. Apprentices: Persons employed in a program including work training and related instruction to learn a
trade or craft which is traditionally an apprenticeship,regardless of whether the program is registered with a
" Federal or State agency.
10. Trainees (on-the-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.
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STATEMENT OF BIDDER'S OUALIFICATIONS
(To be submitted by the Bidder only upon the specific request of the City of Waterloo,Iowa.)
All questions must be answered and the date given must be clear and comprehensive. This statement must be
notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any
additional information he desires.
1. Name of bidder.
— 2. Permanent main office address.
3. When organized.
— 4. If a corporation,when incorporated.
5. How many years have you been engaged in the contracting business under your present firm or trade name?
6. Contracts on hand: (Schedule these, showing amount of each contract and the appropriate anticipated dates
of completion.)
7. General character of work performed by your company.
8. Have you ever failed to complete any work awarded to you? If so,where and why?
9. Have you ever defaulted on a contract? If so,where and why?
_, 10. List the more important projects recently completed by your company, stating the approximate cost for
each, and month and year completed.
11. List your major equipment available for this contract.
12. Experience in construction work similar in importance to this project.
_ 13. Background and experience of the principal members of your organization, including the officers.
14. Credit available: $
— 15. Give bank reference:
16. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be
_ required by the City of Waterloo,Iowa?
STATEMENT OF BIDDERS QUALIFICATIONS CITY CONTRACT NO.915 SQ-I of 2
AECOM 60494736
1
17. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information
requested by the City of Waterloo,Iowa, in verification of the recitals comprising this Statement of Bidder's
Qualifications. ,
Dated at this day of
,2016.
(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 ,2016.
Notary Public
My commission expires , !
* * * ENDOFSECTION * * * --
STATEMENT OF BIDDERS QUALIFICATIONS CITY CONTRACT NO.915 SQ-2 of 2
AECOM 60494736
GENERAL SPECIAL PROVISIONS
1. SCOPE OF WORK
_ The work covered by this contract consists of furnishing all labor, equipment, and materials and performing
all operations, in connection with the FY 2016 LOWER PLAZA FENCING, CITY CONTRACT
NO. 915,as shown on the contract drawings and in accordance with these specifications.
` The contract drawings,which accompany and form a part of this contract and specifications, are dated June,
2016. They have the general title of FY 2016 LOWER PLAZA FENCING, CITY CONTRACT NO.
915.
The drawings are numbered and separately entitled as follows:
SHEET
NO. TITLE
1 TITLE SHEET
2-4 RAILING DETAILS
The 2015 Standard Specifications for the Iowa Statewide Urban Design and Specifications Program (as
referenced) are to be used along with the special provisions and General Specifications for Construction
— described herein and shall be considered as part of the contract documents.
2. CONFLICTING SPECIFICATIONS
All requirements of other specifications contained in the contract documents which conflict with the
provisions of the special provisions will be considered void.
—' 3. DUMPING AREAS
Excess material resulting from construction operations shall be hauled to the County Landfill or other area
� secured by the Contractor and approved by the City Engineer. Rubble, rubbish, trees, brush, and other
unsuitable backfill material, as designated by the City Engineer, shall be hauled to the County Landfill. All
Landfill charges are to be considered incidental to the contract and are the responsibility of the Contractor.
— 4. CONSTRUCTION DAMAGE
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 Contractar's responsibility.
5. REMOVED MATERIALS
All materials removed, as part of this Contract shall remain the property of the Cin� unless the City
determines that the materials are not salvageable and the City does not want to retain ownership of the
� materials. Materials designated in the field by the Engineer as non-salvageable shall be hauled and
disposed of by the Contractor at no cost to the City. All other materials shall be transported to locations as
directed by the Engineer. No separate measurement or payment will be made for hauling ar disposing of
_ removed materials and it shall be considered incidental to applicable items.
GENERAL SPECIAL PROVISIONS CITY CONTRACT NO.915 GSP-1 of 4
AECOM 60494736
6. MAILBOXES —
The Contractor shall notify the United States Postal Department of mailboxes that 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.
7. PAY ITEMS �
All pay items are listed in the proposal and shall include the purchase of all materials, delivery of these
materials, and furnishing all labor, plant and miscellaneous work needed to make the item complete. All _
such cost shall be incidental to the proposed item to which it applies and shall not be considered for
separate payment.
S. BREAKDOWN OF LUMP SUM CONTRACT PRICE ITEMS --
The Contractar shall, immediately upon execution and delivery of the contract,before the first estimate for
payment is made, deliver to the City Engineer a detailed estimate giving a complete breakdown of the lump _
sum contract prices. The submitted breakdown shall be approved by the City Engineer prior to any
payment of any lump sum price item.
9. PERMISSION TO HAUL OVER STREETS.RAILROADS AND HIGHWAYS �
The Contractor will be required to secure, from the proper authorities, permission or permit which may be
required to haul over streets, highways, railroads or private property, and any hauling operations of the ,_
Contractor shall be subject to the requirements of such permits, permission, and to all applicable
regulations, laws, and ordinances governing hauling and movement of equipment over streets, railroads,
highways and private properiy. Any costs or inconvenience caused by obtaining any necessary permits or
permission shall be considered completely covered by the price bid for the items in the proposal. � —'
10. CONSTRUCTION SCHEDULING
The City Engineer shall approve Contractor's wark schedule prior to starting. All revisions shall also be �
approved. The City Engineer may change the schedule to accommodate changing construction conditions.
The Contractor shall coordinate the work under this contract with contractars performing work under other '—
contracts,which may be performed concurrently.
The Contractor shall be responsible to notify the Police, Fire, Street and Engineering Departments of the —
closing and opening of streets.
The Contractor shall commence work within ten (10) days after receipt of the "Notice to Proceed" and ,
diligently execute the work of the contract to completion.
11. PRE-CONSTRUCTION CONFERENCE
Befare any work is started, the Contractor shall arrange with the Ciry Engineer to hold a pre-construction
conference to discuss problems and schedules of contracts.
12. UNDERGROUND UTILITIES
It is the responsibility of the Contractor to obtain the location of gas lines, water lines, electric, telephone,
and cable television cables or wires from the various utility companies and the City electrician before —
starting any excavation. The Contractor shall be responsible for any damage to any underground utilities.
GENERAL SPECIAL PROVISIONS CITY CONTRACT NO.915 GSP-2 of 4
AECOM 60494736 '
The Contractor shall expose those utilities indicated on the plans so that elevations may be determined
befare beginning construction. This work shall be considered incidental to other items of work.
If the Contractar believes that additional costs have been incurred due to a utility being improperly located,
the resolution of the additional costs incurred shall be made between the Contractor and the respective
_ utility company.
13. TRAFFIC SIGNS AND STREET SIGNS
` The Contractor shall contact the City of Waterloo Traffic Operations Department to have any street sign
that will be affected by construction removed and replaced when the work has been completed.
— 14. TRAFFIC CONTROL DURING CONSTRUCTION
The Contractor shall provide erect and maintain, at all times during the progress and suspension of the work
` and until completion and final acceptance thereof, suitable and requisite barricades, signs or other adequate
protecrion, as required by the latest edition of the "Iowa Manual on Uniform Traffic Control Devices for
Streets and Highways" and shall provide, keep and maintain such barricades, signs,etc., as may be required
or as may be ordered by the Engineer, to ensure the safety of the public as well as those engaged on the
— wark. The Engineer shall review all barricading plans.
The Contractor shall determine,provide and obtain approval from the City Engineer on all detour locations
� for all street closings, barricades and posting prior to construction. These shall meet requirements of the
City Police Traffic Department. The Contractor shall notify the City Engineer's Office and the Police,Fire
and Street Departments when the street is closed far construction. All barricading shalJ be in accordance
with the latest edition of the "Iowa Manual on Uniform Traffic Control Devices for Street and Highways."
— Encapsulated lens sheeting is not required on this project.
15. GRADES. LINES, LEVELS AND SURVEYS
� All necessary gades, lines, levels and surveys shall be established by AECOM and maintained by the
Contractor.
" The Contractor shall verify all grades, lines, levels and dimensions as sown on the draw ings, and he shall
report any errors or inconsistencies in the same to AECOM before commencing work.
_ 16. SAFETY OF WORKERS AND PUBLIC
The Contractor shall, at all times, take necessary precautions to protect the life and health of all persons
employed on this project and the public. He shall provide necessary safety devices and safeguards in
— accordance with latest and best accident prevention practices. All such protection shall be furnished to
employees without cost.
— No direct measurement of payment shall be made for this protection, but shall be considered incidental to
other items of work. The public shall be kept outside of any work area.
GENERAL SPECIAL PROVISIONS CITY CONTRACT NO.915 GSP-3 of 4
AECOM 60494736
17. WORKING ON SATURDAYS,SUNDAYS AND LEGAL HOLIDAYS —
The Contractor shall notify the Engineer in writing forty-eight(48)hours in advance if work on Saturday is
planned. By noon the Friday before the planned Saturday wark, the Contractor shall confirm the Saturday _
work schedule with the project inspector.
Work on Sunday requires prior approval of the Engineer in accordance with the Waterloo Standard
Specifications. The Contractor shall not work the following days in 2016 due to City holidays: May 30 --
(Memorial Day), July 4 (Independence Day), September 5 (Labor Day), November I l (Veterans Day),
November 24(Thanksgiving),November 25 (Day After Thanksgiving),December 25 (Christmas).
* * * END OF SECTION * * *
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GENERAL SPECIAL PROVISIONS CITY CONTRACT NO.915 GSP-4 of 4
AECOM 60494736 ,�
SPECIAL PROVISIONS
1. TRAFFIC CONTROL--IMPROPER MAINTENANCE
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 maintenance shall include,but not be limited to,the followin,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 is 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 wark for irresponsible and/ar repeated failure to construct the project using
proper traffic control procedures.
Penalties: 1 st Offense Written warning given by City.
2nd Offense $ 100
� 3rd Offense $ 250
4th Offense $ 500
Sth Offense $1,000
6th Offense Engineer's discretion(amount
'— or more equal or greater than$1,000)
2. LIOUIDATED DAMAGES
Time is an essential element of this contract. It is important that the work be dili�ently pursued to
completion. If the wark is not completed within the specified contract period, plus authorized extensions,
the Contractor shall pay to the Ciry 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 warking
_ days that the Contractar 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 item
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
i in writing a request that warking 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.
_ SPECIAL PROVISIONS CITY CONTRACT NO.91� SP-1 of 3
AECOM 60494736
i
3. HAUL ROUTES —
Haul routes to and from the project site shall be submitted far review by the Engineer. In general, the
Contractor shall request haul routes over the main streets in the area, staying on streets within the project as �
much as possible and should not include truck-embargoed streets.
4. STANDARD SPECIFICATIONS
The Standard Specifications,which are referenced in the contract documents, are designated as follows:
SUDAS STANDARD SPECIFICATIONS - "2015 Standard Specifications for the Iowa Statewide Urban _
Design and Specifications Program° (unless otherwise noted)and current revisions thereof.
IDOT STANDARD SPECIFICATIONS - "Standard Specifications for Highway and Bridge Construction,
Iowa Department of Transportation, Ames, Iowa, Series 2015" (unless otherwise noted) and current �—
revisions thereof.
WATERLOO STANDARD SPECIFICATIONS - "Standard Specifications for Municipal Public Works _
Construction,City of Waterloo,Iowa."
5. PERCENT OF CONTRACT TO BE PERFORMED BY CONTRACTOR
A. The prime contractor shall be required to perform at least 35 percent of the total contract amount
ofthe project.
6. SPECIAL PROVISIONS
Standard Specifications are amended by the following additions. These are Special Provisions and shall
prevail over those published in the Standard Specifications. '
7. 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.
None
8. SHOP DRAWINGS CERTIFICATES AND EQUIPMENT LISTS
A. Submission of Drawings: _,
1. The Contractor shall submit to the Engineer all shop drawings and equipment drawings or
lists as called for in the contract documents or as requested by the Engineer. Drawings and
listings shall be complete and shall contain all required detail information conveyed —
according to the latest recommended standards for detailing.
2. The Contractor shall make any corrections required by the Engineer and submit the revised !
shop or equipment drawings or listings for review. After review by the Engineer,the shop or
equipment drawings or listings will be so marked, dated, signed by the Engineer, and
forwarded to the Contractor far reproduction and distribution.
SPECIAL PROVISIONS CITY CONTRACT NO.915 SP-2 of 3
AECOM 60494736
B. Submission of Equipment Lists:
— 1. If requested in the contract documents, as soon as practicable after award of contract and
before any items of material or equipment are purchased, the Contractor shall submit to the
Engineer for review a complete list of the principal fixtures and equipment to be
_ incorporated into the work.
2. The Contractor shall also submit applicable brochures, technical data, catalogs, cuts,
diagrams, manufacturer's drawings and installation instructions, samples if required, and
— other descriptive data including the complete description, trade name, model number, type,
size,and rating.
— C. Engineer's Review:
1. Review by the Engineer shall not be construed as a complete check but will indicate only
� that the general method of construction and detail is satisfactory. The En�ineer assumes no
responsibility for errors in dimensions in the shop draw'rngs and assumes the Contractor will
use material complying with requirements of the contract documents or, where not
specified, those of sound and reasonable quality, and will erect the subjects of such shop
-- drawings according to recognized standards of first quality work or. when specified,
according to standards of the contract documents.
_ 2. Any wark done or material ordered by the Contractor priar to review by the Engineer shall
be at the Contractor's risk.
9. PROJECT RECORD DOCUMENTS
A. Maintain at the project site one record copy of the drawings, project manual, addenda, change
orders and other modifications to contract, field orders or clarifications, shop drawings, field test
_ records,and associated permits.
B. Provide one marked up set of drawings to Engineer at substantial completion for use in preparation
of record drawings.
C. Maintain record documents in clean dry, legible condition and in good order. Do not use record
documents for construction purposes. Make record documents available for inspection by
_ Engineer.
* * *END OF SECTION * * *
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_ SPECIAL PROVISIONS CITY CONTRACT NO.915 SP-3 of 3
AECOM 60494736
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SECTION OS 50 00
METAL FABRICATIONS
PART1 GENERAL
1.01 SECTION I1�TCLUDES
A. Shop fabricated steel items, including cable guard rails.
1.02 RELATED REQUIREMENTS
A. Section 03 30 00-Cast-in-Place Concrete: Placement of inetal fabrications and anchors in concrete.
B. Section 09 90 00-Painting and Coating: Field Finish
— 1.03 REFERENCE STANDARDS
A. ANSI A143 -American National Standard for Ladders-Fixed- Safety Requirements;2002.
B. ASTM A36/A 36M-Standard Specification for Carbon Structural Steel;2005.
C. ASTM A 53/A 53M - Standard Specification for Pipe Steel, Black and Hot-Dipped, Zinc-Coated,
— Welded and Seamless;2007.
D. ASTM A 123/A 123M - Standard Specification for Zinc (Hot-Dip Galvanized) Coatings on Iron and
Steel Products;2002.
E. ASTM A 153/A 153M - Standard Specification for Zinc Coating(Hot-Dip) on Iron and Steel Hardware;
2005.
F. ASTM A 276 -Standard Specification for Stainless Steel Bars and Shapes;2008.
, G. ASTM A 283/A 283M - Standard Specification for Low and Intermediate Tensile Strength Carbon Steel
Plates;2003 (Reapproved 2007).
H. ASTM A 325 - Standard Specification for Structural Bolts, Steel, Heat Treated, 120/1 OS ksi Minimum
— Tensile Strength;2007a.
I. ASTM A 325M - Standard Specification for Structural Bolts, Steel, Heat Treated, 830 MPa Tensile
Strength(Metric);2007.
J. ASTM E 935 - Standard Test Methods for Performance of Permanent Metal Railing Systems and Rails
for Buildings;2000(Reapproved 2006).
K. ASTM E 985 - Standard Specification for Permanent Metal Railing Systems and Rails for Buildings;
2000(Reapproved 2006).
— L. ASTM F 1145 -Standard Specification for Turnbuckles, Swaged, Welded,Farged;2005.
M. AWS A2.4 - Standard Symbols for Welding, Brazing, and Nondestructive Examination; American
— Welding Society;200�.
N. AWS D1.1/D1.1M- Structural Welding Code-Steel;American Welding Society;2006 and Errata.
� O. SSPC-Paint 15 - Steel Joist Shop Primer, Society far Protective Coatings; 1999(Ed.2004).
AECOM 60494736 CITY CONTRACT NO.915 0�50 00-1 -4
P. SSPC-Paint 20 -Zinc-Rich Primers (Type I, "Inorganic," and Type II,"Organid'); Society for Protective
Coatings;2002(Ed.2004).
1.04 SUBMITTALS —
A. Shop Drawings: Indicate profiles, sizes,connection attachments,reinforcing, anchorage, size and type of
fasteners, and accessories. Include erection drawings,elevations and details where applicable. _
1. Indicate profiles, sizes, spacing,locations of inembers, openings, attachments and fasteners.
2. Connections not detailed.
3. Indicate welded connections using Standard AWS A2.4 welding symbols. Indicate net weld —
lengths.
B. Welders' Certificates: Submit certification far welders employed on the project, verifying AWS �,
qualification within the previous 12 months.
PART2 PRODUCTS "
2.01 MATERIALS-STEEL
A. Steel Sections: ASTM A 36/A 36M.
B. Steel Angles and Plates: ASTM A 36/A 36M.
C. Pipe:
1. ASTM A 53/A 53M,Grade B Schedule 40, Hot-Dip Galvanized Finish. �
2. ASTM A 276, Stainless Steel, Type 316, Satin Finish.
D. Steel Sheet: ASTM A 1011/A 1O11M, Designation SS, Grade 30 Hot-Rolled, or ASTM A1008/A
1008M,Designation SS,Grade 30 Cold-Rolled. —
E. Cable: 1x19 Construction,Type 316, Stainless Steel Aircraft Cable, 1/4-Inch Thick,Minimum 6,4001bs
Breaking Strength. _
F. Turnbuckles: ASTM F 1145,Type 316, Stainless Steel Turnbuckles,Threaded Rod Ends.
1. Product "Invisiware Receiver"manufactured by Ultra-tec;or approved equivalent. �
G. Wall Brackets: Stainless Steel, Self-Aligning
1. Product: "Carlstadt 221"manufactured by Julius Blum,or approved equivalent.
H. Bolts,Nuts and Washers: ASTM A 325 (ASTM A 325M),Type 1, Galvanized to ASTM A 153/A 153M
where connecting galvanized components. —�
I. Welding Materials: AWS DL1/D1.1M;type required for materials being welded.
J. Welding Fittings: Factory-or shop-welded from matching pipe or tube, seams continually welded;joints �
and seams ground smooth.
K. Shop and Touch-Up Primer: SSPC-Paint 15, complying with VOC limitations of authorities having —
jurisdiction.
AECOM 60494736 CITY CONTRACT NO.915 OS 50 00-2-4
L. Touch-Up Primer for Galvanized Surfaces: SSPGPaint 20, Type I - Inorganic, complying with VOC
limitations of authorities hav�ing jurisdiction.
2.02 FABRICATION
_ A. Accurately form components to suit specific project conditions and for proper connectiun.
B. Fit and shop assemble items in largest practical sections, for delivery to site.
— C. Fabricate items with joints tightly fitted and secured.
D. Grind exposed joints flush and smooth with adjacent finish surface. Make exposed joints butt tight, flush
_ and hairline. East exposed edges to small uniform radius.
E. Supply components required for anchorage of fabrications. Fabricate anchors and related components of
same material and finish as fabrication, except where specifically noted otherwise.
2.03 FABRICATED ITEMS
_ A. Railings and Handrails -General:
1. Design,fabricate and test railing assemblies in accordance with the most stringent requirements of
ASTM E 985 and applicable local code.
— 2. Design railing assembly, wall rails and attachments to resist lateral force of 75 lbs at any point
without damage or permanent set.
3. Allow for expansion and contraction of inembers and building movement v��ithout damage to
connections or members.
Y 4. Provide anchors and other components as required to attach to structure, made of same materials
as railing components unless otherwise indicated; where exposed fasteners are unavoidable,
provide flush countersunk fasteners.
a. For anchorage to concrete,provide inserts to be cast into concrete for bolting anchors.
_ B. Cable Guard Rail: Steel; with mounting brackets and attachments; prime paint finish except stainless
steel cable.
1. Fabrication: As indicated on drawings to match existing. �
C. Wall-Mounted Handrails and Free-Standing Railings at Steps: Stainless steel; with mounting brackets
and attachments.
� 1. Fabrication: As indicated on drawings.
2. Provide welding fittings to join lengths, seal open ends and conceal eaposed mounting bolts and
nuts, including but not limited to elbows, T-shapes, splice connectors, flanges, escutcheons and
— wall brackets.
3. Continuously seal joined pieces by continuous welds. Drill condensate drainage holes at bottom
of inembers at locations that will not encourage water intrusion.
4. Wall brackets shall be at maximum of 48 inches o.c.
2.04 FINISHES-STEEL
— A. Clean surfaces of rust, scale,grease, and foreign matter prior to finishing.
B. Prime Painting: One coat. �
AECOM 60494736 CITY CONTRACT NO.915 OS 50 00-3-4
D. Galvanizing of Non-Structural Items: Galvanize after fabrication to ASTM A 123/A 123M -,
requirements.
2.05 FABRICATION TOLERANCES
A. Squareness: 1/8-inch maximum difference in diagonal measurements.
B. Maximum Offset Between Faces: 1/16 inch. ,_
C. Maximum Misalignment of Adjacent Members: 1/16 inch.
D. Maximum Bow: 1/8-inch in 48 inches. —
E. Maximum Deviation From Plane: 1/16-inch in 48 inches.
PART 3 EXECUTION
3.O1 EXAMINATION '
A. Verify that field conditions are acceptable and are ready to receive work.
3.02 PREPARATION
A. Supply setting templates to the appropriate entities for steel items required to be cast into concrete.
3.03 INSTALLATION
A. Install items plumb and level, accurately fitted, free from distortion or defects. _
B. Provide far erection loads and for sufficient temporary bracing to maintain true alignment until
completion of erection and installation of permanent attachments.
C. Field weld components indicated.
D. Perform field welding in accordance with AWS D1.1/D1.1M. _
E. Obtain approval prior to site cutting or making adjustments not scheduled.
F. After erection,prime welds, abrasions and surfaces not shop primed or galvanized, except surfaces to be —
in contact with concrete.
3.04 TOLERANCES _,
A. Maximum Variation From Plumb: 1/4 inch.
B. Maximum Offset From True Alignment: '/4 inch. —
C. Maximum Out-of-Position: '/4 inch.
* * *END OF SECTION * " *
...
AECOM 60494736 CITY CONTRACT NO.915 OS 50 00-4-4
�
GENERAL SPECIFICATIONS FOR CONSTRUCTION
CITY OF WATERLOO,IOWA
Department of Engineering
�
SECTION A-Definitions of Terms
SECTION B-Scope of work
SECTION C-Control of Materials and Work
� SECTION D-Procedure and Progress
SECTION E-Measurements and Payments
SECTION F-Legal Relations and Responsibility
SECTION A-DEFINITIONS OF TERMS
`� 1. CITY. The City of Waterloo, Iowa, which is the Party of the First Part of the accompanying
contract,acting through its authorized representative.
� 2. COUNCIL. The duly elected Council of the Ciry of Waterloo, Iowa.
3. ENGINEER. The City Engineer of Waterloo,Iowa,or his authorized representative.
` 4. INSPECTOR. The authorized representative of the Engineer, assigned to the detailed inspection
of the work or materials therefore 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 Contractar to execute and perform in his stead all or any part of the contract.
7. BIDDER. Any individual, firm, or corporation submitting a proposal for all or a part of the work
_ provided for in these specifications.
8. PROPOSAL GUARANTEE. The security designed in the Notice of Bidders or Proposal to be
furnished by the bidder as a guarantee of good faith to enter into a contract and furnish an acceptable bond far the
-- work contemplated if it be awarded him.
9. SURETY. The corparate body bound with and for the Contractor for the acceptable performance
of the contract.
10. PROPOSAL. The written Proposal, submitted by the bidder in the prescribed manner and on the
standard form, for the improvements covered by these specifications.
11. SPECIFICATIONS. The documents that set forth the manner in which the proposed work is to
be accomplished which have been prepared by the Engineer and approved by the City Council, off'icial 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 wark,the official contract
GENERAL SPECS CITY CONTRACT NO.912 GS-1 of 13
AECOM 60494736
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 far
receiving bids, containing a brief description of the work, and briefly setting forth the requirements and conditions `—
for submission of Proposals.
15. INSTRUCTIONS TO BIDDERS. The clauses setting forth in detail the information relative to _
the proposed work and requirements for the submission of Proposals.
16. PLANS. The plans for the improvement covered by the specifications and approved by the
Council,official copies of which are on file with the City Clerk. "—
17. CONTRACT BOND. The bond executed by the Contractor and his surety in favor of the City of
Waterloo,Iowa,guaranteeing the complete execution of the contract in accordance with the plans and specifications, _
the payment of all debts pertaining to the work, and maintenance of the work as provided by law or by the
specifications. �
18. CONTRACT PERIOD. The period from the specified date for beginning the work to the —'
specified date of completion,both dates inclusive. The contract period may be extended by the Council, as provided
in these specifications, in which event the contract period includes the new date of completion.
19. OFFICIAL PUBLICATIONS. The official publications are the formal resolutions and notices �
relative to the proposed improvement that are required by law to be published in a prescribed manner and that have
actually been published in accordance with the statutes relating thereto. Attention is directed to the fact that these
official publications are by statute vested with all of the force and effect of contract obligations. —'
20. A.S.T.M. Abbreviation for American Society for Testing Materials.
21. WORK. The term "Work" of the Contractor and Subcontractor includes labor or materials or
both, equipment,transportation, or other facilities necessary to complete the contract.
22. TIME. All time limits stated in the contract documents are of the essence in the contract. "
SECTION B-SCOPE OF WORK ,_,
L CORRELATION AND INTENT OF DOCUMENTS. The Contract documents are
complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the
documents is to include all labor,materials, equipment, and transportation necessary for the proper execution of the —°
work. Materials or work described in words which, so applied,have a well-known technical or trade meaning shall
be held to refer to such recognized standard.
2. DRAWINGS AND SPECIFICATIONS. Unless otherwise provided in the contract documents,
the engineer shall furnish to the Contractor, free of charge, all copies of drawings and specifications reasonably
necessary for the execution of the work.
The Contractor shall keep one (1) copy of all drawings and specifications on the work available to the t�
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 ar after the execution of the Contract, shall affect or modify
any of the terms or obligations herein contained.
GENERAL SPECS CITY CONTRACT NO.912 GS-2 of 13
AECOM 60494736 �
�
4. REPORTING ERRORS AND DISCREPANCIES. If the Contractor,in the course of the work,
'— finds any discrepancies between the plans and the physical conditions of the locality, or any errors of omission in
plans or in the layout as given by said stakes and instructions, it shall be his duty to inform the Engineer
immediately,in writing,and the Engineer shall promptly correct the same.
5. ALTERATION OR CORRECTION OF PLANS. The plans are made up from surveys that are
presumably correct and represent the foreseen construction requirements. Any modification of the plans which may
be required by the exigencies of the construction or any corrections made necessary because of errors in the ariginal
-' surveys, will be made by the Engineer. Should corrections or modifications of the plans or specifications require a
different quality ar 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 befare 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, ma� order extra wark
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 twenry 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 a��d the Contractor,
subject to the approval of the City Council. Either party to the contract may request such an adjustment.
— 8. LANDS AND RIGHT OF WAY. The City shall provide the lands upon which the work under
this contract is to be done, except that the Contractor shall provide land required for the erection of temporary
construction facilities and storage of his material,together with the right of access to same.
� 9. CITY WATER. The Contractor shall be allowed to use City Water but before any water is used,
he shall make application to the Waterloo Water Works for a temporary water connection from a fire hydrant or by
some other connection method. Water usage will be charged at the rate for temporary water service. The rules,
— regulations, and water rates are available at the Waterloo Water Works offices at 325 Sycamore Street or their
telephone number is 319-232-6280.
_ 10. RIGHTS OF VARIOUS INTERESTS. Whenever work being done by the City's forces or by
other Contractors is contiguous to work covered by this contract, the respective rights of the various interests
involved shall be established by the Engineer to secure the completion of the various portions of the work in general
harmony.
11. CLOSII�TG STREETS TO TRAFFIC. The Engineer shall be the judge of ho�v 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 Contractar 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 wark shall be started or be carried on and the direction in
which it shall be done.
1 y
� GENERAL SPECS CITY CONTRACT NO.912 GS-3 of 13
AECOM 60494736
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 wark 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 far in this Contract and shall decide any and all questions which may arise as to the quality and ..,
acceptability of materials furnished, work performed, manner of performance, rate of progress on the work, and all
questions regarding the acceptable fulfillment of the terms of the Contract. Materials and construction wark 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 wark.
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 tbe specifications, the Engineer's instructions, law ordinances, or any public autbority 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 far examination at the Contractor's e�pense.
Re-examination of questioned wark may be ordered by the Engineer, and, if so ardered, the work must be
uncovered by the Contractor. If such wark be found in accardance 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 wark and the manner in which it is being performed;also,to report
whenever it appears that materials furnished and wark performed by the Contractar 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 ar 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 Inspectar shall, in no case, act as foreman or
perform other duties far the Contractor, or interfere with the management of the work by the latter.
GENERAL SPECS CITY CONTRACT NO.912 GS-4 of 13
AECOM 60494736 �,,,
...
3. STATUS OF THE ENGINEER. The Engineer shall have general supervision and direction of
'� the work. He has authority to stop the work whenever such stoppage may be necessary to insure the proper
execution of the Contract. He shall also have authority to reject any work and/or materials which do not conform to
the specifications,to direct the application of forces to any portion of the work as, in his judgment, is required, and
_ to order the force increased or diminished, and to decide questions which arise in the execution of the work.
4. ENGIIVEER'S DECISIONS. The Engineer shall, within a reasonable time, inake 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 INSTRUCTTONS. The Contractor shall provide reasonahle and necessary
opportunities and facilities for setting stakes and making measurements. The Contractor shall not furnish stakes or
— men to set them. He shall not proceed until he has received from the Engineer such stakes and instructions as may
be necessary to the progress of the work.
` The Contractor shall carefully preserve bench marks, reference points, and stakes, and in case of willful or
careless destruction, he shall be charged with the resulting extra expense and shall be responsible for any mistakes
that may be caused,by their loss or disturbance.
�"� 6. SUPERINTENDENCE. The Contractor shall keep on his work during its progress a competent
superintendent and any necessary assistants, all satisfactory to the Engineer. The Superintendent shall not be
changed except with the consent of the Engineer, unless the Superintendent proves to be unsatisfactory to the
� Contractor and ceases to be in his employ. The Superintendent shall represent the Contractar in his absence, and all
directions given to him shall be as binding as if given to the Contractor. Important decisions shall be confirmed in
writing to the Contractor. Other directions shall be so confirmed on written request in each case.
- The Contractor shall give efficient supervision to the work using his best skill and attention. He shall
carefully study and compare all drawings, specifications, and other instructions, and shall report at once to the
Engineer any error, inconsistency, or omission which he may discover.
` 7. REMOVAL OF UNAUTHORIZED WORK. Work done without lines and grade being give,
work done beyond lines shown on the plans or as given, except as herein provided, or any extra or additional work
done without authority, will be considered as unauthorized and at the expense of the Contractor and will not be paid
� for under the provisions of the Contract. Work so done may be ordered removed and replaced at the Contractor's
expense.
8. REMOVAL OF DEFECTIVE MATERIALS OR WORK. The Contractor shall promptly
-" remove from the premises all materials condemned by the engineer as failing to conform to the Contract; whether
incorporated in the work or not, and the Contractor shall promptly replace and re-execute his own work in
accordance with the contract and without expense to the City, and shall bear the expense of making good all wark 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 stare 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 Ciry may, upon ten
(10) days' written notice, sell such materials at auction or at private sale and shall account for the net proceeds
thereof, after deducting all the costs and expense that should have been borne by the Contractor; or, if the net
� proceeds of such sale are insufficient to pay the expenses of removal, the City may deduct the balance from any
amounts due the Contractor.
9. MATERIALS, EOUIPMENT. APPLIANCES, AND FACILITIES. Unless otherwise
— stipulated, the Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power,
� GENERAL SPECS CITY CONTRACT NO.912 GS-5 of 13
AECOM 60494736
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 wark, it is necessary to use any material that is not fully specified in these �
specificarions,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 ar 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.
1 L CHARACTER OF WORKMEN AND EQUIPMENT. The Contractor shall employ competent
and efficient workmen for every kind of work. Any person employed on the work who shall refuse or neglect to "'
obey the directions of the engineer or Inspector, or who shall be deemed incompetent or disorderly, ar who shall
commit trespass upon public or private property in the vicinity of the wark, shall be dismissed when the Engineer so
orders, and shall not be re-employed unless express permission be given by the Engineer. The Contractor shall, at
all times,enforce discipline and good order among his employees. �
The methods, equipment, and appliances used on the work, and the labor employed, shall be such as will
produce a satisfactory quality of work and shall be adequate to complete the contract within the specified time limit. "'
12. HIRING CTTY EMPLOYEES. The Contractor shall not employ and hire any of the City's
employees without the permission of the Engineer. y
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 ar 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 Y_
shall approve both such action and the amount charged to the Contractar.
SECTION D-PROCEDURE AND PROGRESS �-
1. ORDER OF COMPLETION - USE OF COMPLETED PORTIONS. The Contractor shall
complete any portion or portions of the wark in such order ar time as the Engineer may require. The City shall have �
the right to take possession of and use completed or partially completed portion of the work at any time, but such
taking possession and use shall not be deemed an acceptance of work so taken or used, or any part thereo£ If such
prior use increases the cost of ar delays the work, the Contractor shall be entitled to such extra compensation or
extension of time, or both,as the Engineer may determine. -�-
2. WEATHER. During stormy or inclement weather, all work shall be suspended, except such as
can be done in an acceptable manner. Permission to work during freezing, stormy, or inclement weather shall in no `
way be construed as a release of the Contractor's responsibility regarding the quality of the finished work at such
time.
3. SUNDAYS AND LEGAL HOLIDAYS. Except for such work as may be required to properly .,.
maintain or protect completed or partially completed construction or to maintain lights and barricades,no work will
be permitted on Sundays or legal holidays without specific permission of the Engineer.
GENERAL SPECS CITY CONTRACT NO.912 GS-6 of 13
AECOM 60494736 �
4. DELAYS AND EXTENSION OF TIME. If the Contractor be delayed in the completion of the
— work by an act of neglect of the City, or its employees; or by any other Contractor employed by the City; or by
changes ordered in the work; or by strikes, lockouts,fire,unusual delays in transportation,unavoidable casualties,or
any cause beyond the Contractor's control; or by delay authorized by the Engineer pending arbitration; or by any
_ cause which the Engineer shall decide justifies the delay, then the time of completion shall be extended for such
� reasonable time as the Engineer may decide will compensate for such delay.
No such extension shall be made for delay occurring more than thirty (30) days before claim therefore 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 far delay by either party under provisions in the
_ contract documents.
5. TEMPORARY SUSPENS[ON 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.
..z
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 lrnown 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 Ciry's right to terminate contract.
8. CITY'S RIGHT TO TERMINATE CONTRACT. lf 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 guilry 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 fmishing 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.
� CENERAL SPECS CITY CONTRACT NO.912 GS-7 of 13
AECOM 60494736
9. REMOVAL OF EQUIPMENT. In the case of annulment of this contract before completion, _.
from any cause whatsoever,the Contractor, if notified to do so by the City; shall promptly remove any part or all of
his equipment and supplies from the property of the City,failing which,the City shall have the right to remove such
equipment and supplies at the expense of the Contractor.
Y
SECTION E-MEASUREMENTS AND PAYIe'IENT
l. STANDARD OF MEASUREMENT. All work completed under the contract shall be measured `
by the Engineer according to the United States standard measures.
2. SCOPE OF PAYMENTS. The Engineer's measurements of quantities shall be the basis for final ""
payment for the work performed under this Contract. After the work is completed, the Engineer will make
measurements and computations of the number of units of each of the various items of work completed, and the
Contractor will be paid for the actual amount of wark performed at the rates specified in his Proposal. Befare fina] .._
settlement is made, the Council may require the Contractor to submit a list of all persons furnishing labor or
materials,with evidence that such persons have been paid in full. Payment shall be made in the manner set forth in
official publications and Council Proceedings relative thereto.
3. PAYMENT FOR EXTRA WORK. Such extra work as may have been ordered by the Engineer
and performed by the Contractar shall be compensated for as provided herein. If work is to be done or materials are
to be furnished by the Contractor which cannot properly be classified under unit prices included in the Proposal,the
Contractor shall be paid therefore the actual reasonable cost of the labor and materials entering permanently in such �
work,plus fifteen percent(15%) of the cost thereof. In computing the labar cost on such extra work,the following
items shall be included:
(a) Actual payroll expenditures for labor at the current rate therefore, and cost of materials.
(b) Pay of fareman and timekeepers for actual time required on the extra work. _,
(c) Liabiliry insurance,prorated, for the extra work.
Labor cost items on extra work shall be furnished in duplicate by the Contractor to the Inspector daily. The ^-
Inspector shall check the items, and if he finds them to be correct, he shall so certify on the statement of cost,
returning one copy to the Contractor and filing one copy with the Engineer.
The Engineer shall determine the cost of materials entering into extra work from the materials and
receipted freight bills for the same.
For any special machine, power tools, or equipment, including fuel and lubricants, but not including small --
hand tools, which may be deemed necessary or desirable to use, the Contractor shall be allowed a reasonable rental
thereon,to be agreed upon in writing by the Engineer before such work is begun, and to which sum no percentage is
to be added. _
The item of cost shall not include repairs or replacement of equipment or overhead expenses of any
character. The fifteen percent(15%)allowed is considered to cover the use of hand tools and all overhead eapenses
except liability insurance. �
In no case will a claim for extra compensation be allowed unless the work upon which the claim is based
has been ordered in writing,except as provided hereinafter. �
4. CLAIMS FOR EXTRA COST. If the Contractor claims tbat any instructions, by drawings or
otherwise, involved extra cost under this contract, he shall give the Engineer written notice thereof within ten (10)
days after completion of the work. �-
No such claim shall be valid unless so made.
GENERAL SPECS CITY CONTRACT NO.912 GS-8 of 13
AECOM 60494736 _
5. CLAIMS FOR EXTRA COMPENSATION. If the Contractor deems that extra compensation is
�` due him for work and/or materials that he considered is not clearly covered in the items for which he submitted unit
prices in his bid and that were not ordered in writing by the Engineer as an extra s heretofore provided, the
Contractor shall notify the Engineer, in writing, of his intention to make claim for extra compensation for work
� and/or material before starting construction. If such written notification is not given or the Engineer is not afforded
proper facilities by the Contractor for keeping strict account of actual cost as defined herein, then the Contractor
hereby agrees to waive the claim for extra compensation. Such notice to the engineer and the fact that the Engineer
has kept account of cost as aforesaid, shall not in any way be construed as proving the validity of the claim, which
— must be passed upon by the Council. In the event that the Council finds the claim to be just, it shall be allowed and
paid for as extra work as provided herein.
, 6. COMPLETION REPORT AND OBJECTIONS THERETO. Within ten (10) days after the
full completion of the work to be done under this contract, the Engineer shall make a written statement of all the
work done by the Contractor hereunder, stating the quantity of each item as found by him and including a statement
of all credits for extra work and all credits or debits for changes, alterations, omissions, and defects, and shall
— forthwith deliver a copy of such statement to the Contractor. The Contractor shall compare such statement with his
own records and shall then, in writing, either approve such statement or point out any claimed errors or omissions.
If any of such claims are found correct, the Engineer shall, within ten(10)days,prepare a new statement, a copy of
� which shall in like manner be delivered unto the Contractor. The Engineer will not file a formal completion report
with the City until the Contractor has approved the same.
If the figures of the Engineer and the Contractor cannot be reconciled, or there is a difference of opinion
— regarding some item or items, then such difference of opinion shall be submitted to arbitration as hereinafter
provided, and the decision of the arbitrator or arbitrators shall be final,and the Engineer shall,within a period of five
(5)days,file his completion report.
� Before action by the Ciry Council upon such completion report, the Contractor shall also file a written
statement of any claims he may have against the City, other than those shown by such completion report, growing
out of this contract or the work done hereunder. The City shall retain ten percent (]0%) of the amount due the
—� Contractor on the completion report for a period of thirty (30) days. If no claims are filed against the Contractor
within thirty(30)days,the final ten percent(10%)shall then be paid to the Contractor.
� 7. WAIVER. By the execution of this contract ,the Contractor agrees that any objections he may
� have to the statement of the amount of work done hereunder included by the Engineer in this completion report, and
any claims of the Contractor against the City growing out of this contract and the work done hereunder which are
not stated in writing in the manner and within the time provided in Article 6, Section E hereof, shall be waived, and
--, no such claim shall thereafter be asserted against the City.
SECTION F-LEGAL RELATIONS AND RESPONSIBILITIES
1. LAWS RELATING TO WORK. The Contractor is presumed to be familiar with all laws,
ordinances, and regulations which may, in any manner, affect those engaged or employed upon the work ar 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 far 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 ar negligence of his employees of the
prosecution of his wark, and save the City harmless therefore.
�� GENERAL SPECS CITY CONTRACT NO.912 GS-9 of 13
AECOM 60494736
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The Contractor shall be held liable and responsible for all damages done to water, sewer, drain, or other �
undergound pipes and structures,and to sidewalks and private property.
3. RESPOI�TSIBILITY FOR ACCIDENTS. The Contractor shall assume full responsibility for all
damages sustained by persons ar property due to the carrying on of his work until final acceptance thereof, or until T
released by the Engineer in writing.
4. LIABILTTY INSURANCE. The Contractar shall carry liability insurance which shall save the _
City harmless and protect the public and any person from injury sustained by the reason of the prosecution of the
work or the handling or storing of materials therefore, and said Contractor shall also carry liability insurance which
shall meet the requirements of the Iowa Warker's Compensation Law.
Before wark shall be started on this contract, the Contractor shall furnish the City Clerk with proper
affidavit or Affidavits executed by representarives of duly qualified insurance companies, evidencing that said
insurance company or companies have issued liabiliry insurance policies, effective during the life of the contract, or ,
far a period of a least ten (10) days following the filing of written notice of cancellarion, protecting the public and
any person from injuries or damages sustained by reason of carrying on the wark involved in the Contract. The
affidavit shall specifically evidence the following forms of insurance protection:
(a) Public liability insurance covering all operations performed by persons directly employed by the
Contractor.
(b) Public liability insurance covering all operations performed by any Subcontractor to whom a �
portion of the work may have been assigned.
(c) Public liability insurance covering all work upon the project performed by any independent �
Contractor working under the direction of either the principal Contractor ar 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) Tbe minimum protection shall be as follows: `
Com�rehensive General Liability Insurance
General Aggegate Limit � $5,000,000.00
Products—Completed Operations
Aggregate Limit $5,000,000.00 •—
Each Occurrence Limit $ 5,000,000.00
Comprehensive Automobile Liabilitv Insurance $ 1,000,000.00 �
The Contractor shall have the Owner, City of Waterloo, Iowa, and Engineer, AECOM, named as an
"Additional Named Insured". A certificate, or a policy if requested, shall be filed with the Owner. —
All certificates and/or policies of insurance furnished by the Contractor to be filed with the City Clerk shall
include the name and address of the agency issuing the same. It shall also be required that the City Clerk be notified
�
by registered mail of the cancellation or expiration of the above insurance. �
5. BARRICADES AND SIGNS. The Contractor shall, at his own expense and without further or
other order, provide, erect, and maintain, at all times during the progress and suspension of the work and until —
completion and final acceptance thereof, suitable and requisite barricades, signs, or other adequate protection, as
required by the latest edition of the "Iowa Manual on Uniform Traffic Control Devices for Streets and Highways"
GENERAL SPECS CITY CONTRACT NO.912 GS-10 of 13
AECOM 60494736 �
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 Ciry 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 wark shall be secured and paid for by the Contractor. Permits, license, and easements for
permanent changes in existing facilities shall be secured and paid for by the City.
� 8. CLAIMS FOR DAMAGES. Any claim far 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 far 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 provided for therein without the written consent of the City Council.
10. SUBCONTRACTORS. The Contractor shall, as soon as practicable after the signature of the
contract, notify the Engineer in writing of the names of the Subcontractors proposed for the �ork and shall not
_ employ any that the Engineer may,within a reasonable time, object to as incompetent or unfit.
The Contractor agrees that he is as fully responsible to the City for the acts and omission of his
Subcontractors and of persons either directly or indirectly employed by them as he is for the acts and omissions of
--- persons directly employed by him.
Nothing contained in the contract documents shall create any contractual relation between any
� Subcontractor and the City.
.�.
11. ARBITRATIOI�I. All questions subject to arbitration under this Contract shall be submitted to
arbitration at the choice of either party to the dispute.
The Contractar shall not cause a delay of the work during any arbitration proceedings, except by agreement
with the Engineer.
— The demand for arbitration shall be filed in writing with the Engineer, in the case of an appeal from his
decision, within ten(10)days of its receipt, and in any other case, within a reasonable time after cause thereof, and
in no case later than the time of final payment, except as otherwise expressly stipulated in the contract. If the
� Engineer fails to make a decision within a reasonable time, an appeal to arbitration may be taken as if his decision
had been rendered against the part appealing.
No one shall be nominated or act as an arbitrator who is in any way financially interested in the contract or
— in the business affairs of either the City or the Contractar.
The general procedure shall conform to the laws of the State of Iowa. Unless otherwise provided by such
� laws,the parties may agree upon one arbitrator; otherwise, there shall be three--one named in writing by each party
to this contract to the other party, and the third chosen by these two arbitrators, or, if they fail to select a third within
ten (10) days,then he shall be chosen by the Comptroller of the State of Iowa. Should either party refuse or neglect
to supply the arbitrators with any papers or information demanded in writing,the arbitrators are empowered by both
" parties to proceed eX parte.
� GENERAL SPECS CITY CONTRACT NO.912 GS-ll of 13
AECOM 60494736
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If there be one arbitrator, his decision shall be binding; if three, the decision of any two shall be binding.
Such decision shall be a condition precedent to any right of legal action, and, wherever permitted by law, it may be
filed in Court to carry it into effect.
The arbitrators, if they deem that the case demands it, are authorized to award to the party whose
contention is sustained such sums as they shall deem proper for the time,eapense, and trouble incident to the appeal,
and, if the appeal was taken without reasonable cause, damages for delay, the arbitrators shall fix their own _
compensation unless otherwise provided by agreement, and shall assess the costs and charges of the arbitration upon
either or both parties.
The award of the arbitrators must be in writing, and it shall not be open to objections on account of the -
form of proceeding or the award,unless otherwise provided by the laws of Iowa.
In the event of such laws providing on any matter covered by this article otherwise than as hereinbefore _,
specified, the method of procedure throughout and the legal effect of the award shall be wholly in accordance with
the laws of the State of Iowa, it being intended hereby to lay down a principle of action to be followed, leaving its
local application to be adopted to the legal requirements of the place in which the work is to be done.
12. PERFORMANCE AND PAYMENT BONDS. The Contractor shall, at the time of execution
and delivery of this contract and before the taking effect of same, furnish and deliver to the City written bonds of
indemnity to the amount required by law in form and substance, and with surery thereon satisfactory and acceptable _
to the City,to insure the faithful performance and payment by the Contractor of all the covenants and agreements on
the part of the Contractor contained in this contract. These bonds shall remain in force and effect for the full amount
of the Contract.
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 Ciry, 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 warkmen, or because of the violation of any provisions "
of the specifications, or on account of tbe failure of said Contractor to comply fully with these provisions, shall be
brought in the District Court of the State of Iowa in and for Black Hawk County.
15. TERMINATION OF RESPONSIBILTTY. 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 fmally accepted and fmal 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 therefore, from �
showing the true amount and character of the work performed and materials furnished by the Contractor, or from
showing that any such measurement, estimate, or certificate is untrue or incorrectly made, or the work or materials
do not, in fact, conform to the Contract.
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GENERAL SPECS CITY CONTRACT NO.912 GS-]2 of 13
AECOM 60494736 �
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The City shall not be precluded, notwithstanding any such measurements, estimate, or certificate and
- payment in accordance therewith, from recovering from the Contractar and his surery such damages as it may
sustain by reason of his failure to comply with the terms of the Contract. Neither the acceptance by the City or any
of its representatives, nor any payment for or acceptance of the whole or any part of the work, nor any extension of
� time, nor any possession taken by the City, shall operate as a waiver on any portion of the contract or of any power
herein reserved, or any right to damages herein provided. A waiver of any breach of the contract shall not be held to
be a waiver of any other or subsequent breach.
* * * END OF SECTION * * *
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� GENERAL SPECS CITY CONTRACT NO.912 GS-13 of 13
AECOM 60494736
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SUPPLEMENTAL GENERAL SPECIFICATIONS FOR CONSTRUCTI0�1
1. SUBCONTRACTS
_ The contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the
work to require compliance by each subcontractor with the applicable provisions of the contract
for the improvements embraced in this contract.
—" 2. REVIEW BY THE CITY OF WATERLOO
The City of Waterloo, its authorized representatives and agents, shall at all times have access to
--- and be permitted to observe and review all work, materials, equipment, payrolls, personnel
records, employment conditions, material invoices, and other relevant data and records pertaining
to this contract, provided, however,that all instructions and approval with respect to the wark will
� be given to the contractor only by the City of Waterloo through its autharized representative or
agents.
3. I1�ISPECTIOI�T
a. The contractor shall furnish promptly all materials reasonably necessar} 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 quantiry 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 require-
ments contained in the preceding sentence, the inspection of materials as a whole or in
part will be made at the project site.
4. WARRANTY OF TITLE
� No material, supplies, or equipment to be installed or furnished under this contract shall be
purchased subject to any chattel mortgage or under a conditional sale, lease-purchase or other
agreement by which an interest therein or in any part thereof is retained by the seller or supplier.
The contractor shall warrant good title to all materials, supplies, and equipment installed or
' incorporated in the work and upon completion of all work, shall deliver the same to,ether with all
improvements and appurtenances constructed or placed thereon by him to the Ciri of Waterloo
free from any claims, liens, or charges. Neither the contractor nor any person, fitm, 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 Waterloa 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.
* * *END OF SECTION * * *
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SUPPLEMENTARY GENERAL PSECS. CITY CONTRACT NO.915 SGS-1 of 1
"` AECOM 60494736
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FORM OF CONTRACT{PRIVATE}
" CONTRACT FOR THE CONSTRUCTION OF
FY 2016 LOWER PLAZA FENCING
,_ CITY CONTRACT NO.915
CITY OF WATERLOO,IOWA
— This contract made and entered into this day of_ . 2016, by and between the
City of Waterloo,Iowa,a Municipal Corporation,(hereinafter referred to as(City),and
,of (hereinafter referred to as Contractar),WI'INESSETH:
� PAR. 1 Contractor agrees to build and construct the FY 2016 LOWER PLAZA FENCING, CITY
CONTRACT NO.915,and furnish all necessary tools,equipment,materials,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.
r PAR.2 It is understood and agreed that the resolution adopted by the City Council orderin`,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 relatuig 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 labar far said
� work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in
strict accardance with the requirements of this contract, and of the plans and specifications made a part
hereof by reference,and to the satisfaction and approval of the City and its engineer.
"` PAR.4 The Contractor a�rees 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 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 October 30. 2016, unless an
extension of time is authorized by the City Council.
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 therefore promptly by the date herein
.— specified,the City may pay such additional sums as it may be required to pay by reason of the failure of
said contractor and deduct any and all such sums from any amount then due the Contractor.
, PAR.7 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo,Iowa,relating to
the obstruction of streets and alleys, keeping open passage ways for water, traffic. and protecting any
excavations in any street or alley, and maintaining proper and sufficient barricades with lights and
signals during all hours of darkness,to see that the backfilling is properly done, and agrees to keep the
— City whole and defend any and all suits that may be brought against the City by reason of any injuries
that may be sustained by any person or property allegedly caused by the Contractor,or his agents,while
work is done pursuant to this agreement.
FORM OF CONTRACT CITY CONTRACT NO.915 C-1 of 3
AECOM 60494736
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 judgtnent on rejecting any materials, substance, or manner of work
shall be fmal unless it is revoked or modified by the City Engineer.
PAR. 10 Any material,which has been rejected by the construction reviewer, shall be at once removed from the
line of work and shall not be again taken thereon or placed with the material proposed to be used
without the written consent of the City Engineer. ,,,.
PAR. 11 The Contractor shall maintain no cause of action against the City on account of delays and prosecution
of work, but if said work is delayed by the City, the Contractor shall have such eatra time far
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 ageed 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 Ciry 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 ar cease the prosecution thereof
for a period of thirly(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 instrwnents made a part of this contract by reference, --
and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the
manner set out in the Notice to Contractors, the amount of money due the Contractor for work
performed and accepted,at the unit prices set out in the Contractor's proposal,which has been accepted ,
by the City.
PAR. 16 The total amount of the contract, based on the Engineer's estimates of quantities and the Contractor's
unit bid prices,and for which 100%surety bond is required is$ '
FORM OF CONTRACT CITY CONTRACT NO.915 G2 of 3 '
AECOM 60494736
PAR. 1'7 After the completion of said work,the Contractor agrees to remove all debris and clean up said streets,
and to save the City harmless from any damage allegedly resulting from a failure to clean up and
" remove the debris or put the street back in a proper condition for travel.
PAR. 18 This contract is not divisible, but in the event of a conflict between this cont�-act and the various
— insmzments incorporated by reference,this contract shall govern.
PAR. 19 Before the Contractor shall be entitled to receive fmal payment for work done under this contract, it
, shall execute and file a bond in the penal sum of not less than 100%of the total amount of the contract,
same to be known as °Maintenance Bond,"and which bond must be approved by the City Council, and
which bond is in addition to the bond given by the Contractor to guarantee the completion of the work.
— PAR.20 The Contractor shall maintain all work done hereunder in good order for the period of two (2) years
from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance
shall be made without expense to the City or the abutting property. In the event of the failure or default
, of the Contractor to remedy any or all defects appearing in said work within a period of two (2)years
from the date of its acceptance by said Council, and after having been given ten(]0)days notice so to
do by registered letter deposited in the United States Post Office in said town, addressed to said
contractor at the address herein given,then the City may proceed to remedy such defects. The costs and
— expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an
action brought in any court of competent jurisdiction.
__ PAR.21 The Contractor shall give notice to said City by registered letter directed to the Mayor or City
Clerk/Auditor thereof not more than four(4)and not less than three(3)months prior to the expiration of
the term during which the Contractor is required to maintain said improvements, in good repair by the
terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of
` the said improvements shall continue until three(3)months after such notice has been given to the City,
and,in any event,until two(2)years after the acceptance of the work.
� CITY OF WATERLOO,IOWA
Mayor
— City Clerk
� Conri-actor
BY:
Title:
, Approved by the Ciry Counci]of the Ciry of Waterloo,Iowa,this day of ,2016.
ATTEST:
-- City Clerk
Waterloo,Iowa
FORM OF CONTRACT CITY CONTRACT NO.915 C-3 of 3
AECOM 60494736
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PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
� That we, ,of (hereinafter called the
Principal),and
of
(hereinafter called the Surety), are held and firmly bound unto the City of Waterloo (hereinafter called the Obligee), in
� the penal sum of Dollars($ ), lawfuL money of the
United States, to payment of which sum, well and truly to be made, the Principal here firmly binds himself/themselves,
his/their heirs, executors, and administrators, and the said Surety binds himself, his successors, assi�ns, executors, and
— administrators,jointly and severally,firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that,
WHEREAS the above bounden Principal did,on the
day of , 2016, enter into a written contract with the City of Waterloo, Iowa, far the
construction of FY 2016 LOWER PLAZA FENCING. CITY CO1vTRACT NO. 915, a copy of which contract,
— together with all of its terms, covenants, conditions, and stipulations, is incorporated herein and made a part hereof as
full and completely as if said contract were recited at length herein;and
� WHEREAS, the Principal and Surety on this bond hereby agree to pay to all persons, firms or corporations
having contracts directly with the Principal or with subcontractors, all just claims due them for labor performed or
materials furnished in the performance of the contract on account of which bond is given when the same are not satisfied
out of the portion of the contract price which the public corporation is required to retain until completion of the public
'� improvement, but the Principal and Surety shall not be liable to said persons, firms, or corporation unless the claims of
said claimants against said portion of the contract price shall have been established as provided by la�.
_. Now, if the Principal shall in all respects fulfill his said contract according to the terms and tenor thereof, and
shall satisfy all claims and demands incurred for the same, and shall fully indemnify and save harmless the Obligee from
all costs and damages which it may suffer by reason of failure to do so, and shall fully reimburse and repay the Obligee
all outlays and expenses which it may incur in making good any such default,then the obligation is to be void and of no
" effect,otherwise to remain in full force and effect.
Every Surery on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent
_ without notice:
1. To any extension of time to the contract in which to perform the contract.
— 2. To any change in the plans, specifications,or contract when such change does not involve an increase
of more than twenty percent (20%) of the total contract price, and shall then be released only as to
such excessincrease.
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�ark was accepted.
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� PERFORMANCE BOND CITY CONTRACT NO.915 PFB-1 of 2
AECOM 60494736
IN WITNESS WHEREOF,we have hereunto set our hands and seals this day of
,2016.
Principal �—
By:
Surety
Attorney-in-Fact _
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PERFORMANCE BOND CITY CONTRACT NO.915 PFB-2 of 2
AECOM 60494736 �
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
_ _ CITY OF WATERLOO,IOWA
— (Name of Owner)
715 MULBERRY STREET, WATERLOO,IOWA 50703
� (Address of Owner)
hereinafter called OWNER, in the penal sum of
in lawful money of the United States, for the payment of which sum well and truly to be made, �ve 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 _, 2016, a copy of
which is hereto attached and made a part hereof for the construction o£
FY 2016 LOWER PLAZA FENCING
CITY CONTRACT NO. 915
WATERLOO.IOWA
NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS,
and corporations furnishing materials for or performing labor in the prosecution of the WORK provided far 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
,,.R force and effect.
� PAYMENT BOND CITY CONTRACT NO.915 PB-1 of 2
AECOM 60494736
a
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 ar 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 ar 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
2016.
ATTEST:
Principal
(Principal)Secretary
(SEAL) By (s)
(Address)
Witness as to Principal ""'
(Address) _
Surety
ATTEST: By
Attorney-in-Fact
Witness as to Surety (Address)
(Address)
NOTE: Date of BOND must not be prior to date of Contract.
If CONTRACTOR is Partnership, all partners should execute BOND. —
PAYMENT BOND CITY CONTRACT NO.915 PB-2 of 2
AECOM 60494736
APPENDIX
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CHANGE ORDER NO._
"` Owner Date
Project
Owner's Contract No. Contractor
Date of Contract Start $
� You are directed to make the fo(►owing changes in the Contract Documents. Description:
Reason for Change Order:
` CONTRACT PRICE CONTRACT TI.'V1ES(Calendar Days)
To substantial To final
completion com�letion
Original: $ Original Completion Date: _
Previous CIO's(ADD/DEDUCT): $ Previous CIO's(ADD/DEDUCT): _
_.., This C.O.(ADD/DEDUCT): $ This C.O.(ADD/DEDUCT): _
Contract Price with all REVISED:
approved Change Orders: $
Revised Completion Date: _
It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s)ordered herein,
^ induding all impact,delays,and acceleration costs. Other than the dollar amount and time allowance listed above,chere shall be no further time
or dollar compensation as a result of this Change Order.
— THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL
STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO.
APPROVED:
By:
OWNER(Authorized Signature) Date
ACCEPTED:
By:
— CONTRACTOR(Authorized Signature) Date
AECOM,Inc.
_ �
Project Change
Number Order No.
CO-1 Lower Plaza Fencing-60494736
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