HomeMy WebLinkAboutCONTRACT DOCUMENTS CONTRACT DOCUMENTS
BROADWAY STREET DETECTOR LOOPS
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TRAFFIC OPERATIONS DEPARTMENT
City of Waterloo, Iowa
May 14, 2007
I. NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS
NOTICE OF PUBLIC HEARING
On Proposed Contract Documents
and the
NOTICE TO BIDDERS
For the Taking of Bids For the
BROADWAY STREET TRAFFIC DETECTOR LOOPS
In the City of Waterloo, Iowa
Black Hawk County
1. RECEIVING OF BIDS
Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at
her office in the City Hall of the said City on the 4th day of June 2007, until 4:00 p.m.
for the BROADWAY STREET TRAFFIC DETECTOR LOOPS, as described in detail in the
Contract Documents now on file in the Office of the City Clerk.
2. OPENING OF BIDS
All proposals received will be opened at the City Council meeting to be held in the
City Council Chambers in City Hall in the City of Waterloo, Iowa, on the 4th day of
June 2007, at 5:30 p.m., and the proposals will be acted upon at that time and place
or at such later time and place as may then be fixed.
3. PUBLIC HEARING
Notice is hereby given that the Council of said City will conduct a public hearing on
the proposed Contract Documents for the above-described improvement project at
5:30 p.m. on June 4, 2007, said hearing to be held in the Council Chambers in the
City Hall in said City. The proposed plans, specifications, form of contract, and
estimate of cost for said improvements heretofore prepared by the City of Waterloo
are now on file in the office of the City Clerk for public examination, and any person
interested therein may file written objection thereto with the City Clerk before the date
set for said hearing, or appear and make objection thereto with the City Clerk before
the date set for said hearing, or appear and make objection thereto at the meeting
above set forth.
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4. SCOPE OF WORK
The work includes saw-cut loops and any work that might be incidental thereto.
There is no detector home run connection required of the contractor.
5. BEGINNING AND COMPLETION DATES
The work under the proposed contract shall be commenced within ten (10) working
days after receipt of"Notice to Proceed" and shall be completed within thirty working
days. This work will only start after the F.Y. 2007 ASPHALT OVERLAY PROGRAM
CONTRACT # 719 BROADWAY STREET, WAGNER ROAD TO DONALD STREET,
has been completed. The contractor is Aspro Inc. of Waterloo, Iowa.
6. METHOD OF PAYMENT TO CONTRACT)OR
The Contractor will be paid against monthly estimates in cash on the basis of ninety-
five percent (95%) of the work as same is completed and materials delivered and
work approved. Final payment will be made thirty-one (31) days after completion of
the work and acceptance by the Council. Before final payment is made, vouchers
showing that all subcontractors and workmen and all persons furnishing materials
have been fully paid for such materials and labor will be required unless the City is
satisfied that material, men and laborers have been paid.
The Contractor is hereby notified that if the City does not have cash on hand to pay
monthly pay estimates, according to Chapter 384.57 of the Code of Iowa, payment
may be made by anticipatory warrants issued bearing a rate of interest not
exceeding that permitted by Chapter 74A, Code of Iowa.
The Contractor is hereby notified that if the City does not have cash on hand to make
payments on the dates listed above, 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.
7. CONTRACT DOCUMENTS
Contract Documents the proposed work have been prepared by the City and are
hereby made a part of this notice, and the proposed contract by reference shall be
executed in compliance therewith.
Contract Documents are obtainable from the City Traffic Operations Department
upon payment of $10. Bidders who use electronic or other means of accessing
Contract Documents' information and data, can submit this $10 fee to the Traffic
Operations Department prior the bid opening date. This payment is not refundable.
The prime contractor will be supplied with the needed number of sets of plans and
specifications at no additional cost.
8. CONTRACT AWARD
A contract will be awarded to the qualified bidder submitting the lowest total bid.
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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 may be in the best interest of the City.
Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty (30)
days from the day of the opening of bids for the purpose of reviewing the bids and
investigating the qualifications of bidders, prior to awarding the contract.
By virtue of statutory authority, a preference will be given to products and provisions
grown and coal produced with the State of Iowa and preference will be given to local
domestic labor in the construction of the improvement.
9. PROPOSALS SUBMITTED
The bidder shall submit bids on the items listed in the proposal. The bidder shall
clearly write or type the unit bid price and the bid item extension (Unit Price x
Estimated Qty) in numerals on the blanks provided. Should there be any
discrepancy between the unit bid price and extension, the City o' Waterloo shall
consider the unit bid price as being the valid unit bid price.
The bidder has the option to submit a computer-generated spreadsheet in lieu of the
portion of the Form of Bid or Proposal, in which case all other provisions shall apply.
10.BID SECURITY REQUIRED
All bids must be accompanied in a separate envelope by a certified or cashier's
check drawn on an Iowa bank, or a bank chartered under the laws of the United
States, a certified share draft drawn on a credit union in Iowa or chartered under the
laws of the United States, or bid bond, (on the form furnished by the City) payable to
the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid
submitted, which certified check, certified share draft or bid bond will be held as
security that the Bidder will enter into a Contract for the construction of the work and
will furnish the required bonds, and in case the successful Bidder shall fail or refuse
to enter into the Contract and furnish the required bonds, his bid security may be
retained by said City as agreed upon liquidated damages. If bid bond is used, it
must be signed by both the Bidder and the surety or surety's agent. Signature of
surety's agent must be supported by accompanying Power of Attorney.
11.PERFORMANCE BOND
The successful bidder will be required to furnish a "Performance Bond" within ten
(10) days after forms are presented to him in an amount equal to one hundred
percent (100%) of the contract price, said bond to be issued by a responsible surety
approved by the City Council and shall guarantee the faithful performance of the
contract and the terms and conditions therein contained, and shall guarantee the
prompt payment of all materials and labor and protect and save harmless the City
from claims of any kind caused by the operations of the Contractor.
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12.MAINTENANCE BOND
Before the Contractor shall be entitled to receive final payment for work done under
this contract, it shall execute and file a bond in the penal sum of not less than 100
percent 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. This bond shall guarantee that faulty work of the Contractor will be corrected
or defective materials will be replaced.
13.CONTRACT COMPLIANCE PROGRAM/SUBCONTRACTING
A goal of at least ten percent (10%) for MBE participation on all City funded
construction projects that are estimated at $50,000 or more. The Prime Contractor
shall make "good-faith efforts" to meet the Contract Compliance MBE/WBE goals.
The MBE/WBE subcontractors, suppliers or vendors must provide the Prime
Contractor a reasonably competitive price for the service being rendered or the
Contractor is not required to accept their bid.
14.LIQUIDATED DAMAGES
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
thirty dollars ($30) per day, for each day, as further described herein, in excess of the
authorized time.
Days beyond the specified completion date for which Liquidated Damages will be
charged will be working days that the contractor does, or could have worked, from
Monday through Saturday. Sundays will be counted only if work is performed.
Partial working days will be considered as a full working day. Days not chargeable
for Liquidated Damages will include rain days, Sunday if no work is done, and legal
holidays.
Working days will cease to be charged when only punch list items remain to be
completed. Punch list items do not include contract bid items or approved
change/extra work orders.
When the Contractor believes the project to be substantially completed, a written
notice stating the same shall be submitted to the Engineer and a request made for a
Punch List. If the work under the Contract extends beyond the normal construction
season for such work the Contractor shall submit to the Engineer in writing a request
that working days counted toward the project be suspended until work is resumed
the following construction season.
This amount is not construed as a penalty. These damages are for the cost to the
City of providing the required additional inspection, engineering and contract
administration.
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15.PRE-CONSTRUCTION CONFERENCE
Before the work is commenced on this contract, a conference shall be held for the
purpose of discussing the contract. The conference shall be attended by City
officials, the prime contractor, and all subcontractors.
16.RECIPROCAL RESIDENT BIDDER CERTIFICATION
Each bidder submitting a bid shall execute and include with the bid, a Resident
Bidder Certification in the form herein provided, to the effect that he will not have as
employees, Illinois laborers on the work site.
17.SALES TAX EXEMPTION CERTIFICATE
Contractors and approved subcontractors will be provided a Sales Tax Exemption
Certification to purchase building materials and supplies in the performance of
construction contracts let by the City of Waterloo.
Published pursuant to the provisions of Division VI of Chapter 384 of the City Code of
Iowa and upon order to the City Council of said Waterloo, Iowa, on the
day of , 200_.
CITY OF WATERLOO, IOWA
BY: Nancy Eckert
City Clerk
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II. INSTRUCTIONS TO BIDDERS
1. EXPLANATIONS TO BIDDERS
Any explanation desired by a bidder regarding the meaning or interpretation of
the Notice to Bidders, Plans, Specifications, etc., must be requested in writing
and with sufficient time allowed for a reply to reach bidders before submission of
their bids. Any interpretation made will be in the form of an amendment of the
Notice to Bidders, Plans, Specifications, etc., and will be furnished to all
prospective bidders. Its receipt by the bidder must be acknowledged in the
space provided on the Proposal Form or by letter or telegram received before
the time set for opening of bids. Oral explanations or instructions given before
the award of the contract will not be binding.
2. EXAMINATION OF PROPOSED WORK
Bidders should visit the site and take such other steps as may be reasonably
necessary to ascertain the nature and location of the work, and the general and
local conditions which can affect the work or the cost thereof. Failure to do so
will not relieve bidders from responsibility for estimating properly the difficulty or
cost of successfully performing the work. The owner will assume no
responsibility for any understanding or representation concerning conditions
made by any of its officers or agents prior to the execution of the contract,
unless included in the Notice to Bidders, the Specifications or related
documents.
3. PREPARATION OF BIDS
a. Bids shall be submitted on the forms furnished, or copies thereof, and
must be manually signed. If erasures or other changes appear on the
forms, each erasure or change must be initialed by the person signing
the bid.
The bidder has the option to submit a computer-generated spreadsheet
in lieu of the portion of the Form of Bid or Proposal, which includes the
Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price,
Extension, and Total Bid. The computer-generated spreadsheet shall
include all of the information listed in that portion of the Form of Bid or
Proposal as well as bear the signature of the Prime Contractor submitting
the bid. For the bidders who submit a computer-generated spread-
sheet, the TOTAL BID (with alternates, if applicable) shall also be
indicated in the space(s) provided on the Form of Bid or Proposal.
b. The Bid Form may provide for submission of a price or prices for one or
more items, which may be lump sum bids, alternate prices, schedule
items resulting in a bid on a unit of construction or a combination thereof,
etc. When the Bid Form explicitly requires that the bidder bid on all
items, failure to do so will disqualify the bid. When submission of a price
on all items is not required, bidders should insert the words "no bid" in
the space provided for any item on which no price is submitted.
INSTRUCTIONS TO BIDDERS PAGE 1 OF 10 PAGES
c. Unless called for, alternate bids will not be considered.
d. Modifications of bids already submitted will be considered if received at
the office designated in the Notice to Bidders by the time set for closing
of bids. Telegraphic modifications will be considered, but should not
reveal the amount of the original or revised bid.
e. In preparing the bid, the bidder shall specify the price, written legibly in
ink or with the typewriter, at which he proposes to do each item of work.
The unit price shall be stated in figures in the blank space provided (i.e.,
$7.14). In items where unit price is required, the total amount of each
item shall be computed at the unit prices bid for the quantities given on
the Bid Form and stated in figures in the blank space provided.
If the bidder chooses to submit the unit prices, extension, and total bid
on a computer-generated spreadsheet, all numbers shall be easily
legible.
f. Any changes or alterations made in the Bid Form, or any addition
thereto, may cause the rejection of the bid. No bid will be considered
which contains a clause in which the contractor reserves the right to
accept or reject a contract awarded him by the city Council of Waterloo.
Bids in which the unit prices are obviously unbalanced may be rejected.
4. SUBMISSION OF BIDS
a. A bid must be sealed in a separate envelope and marked to indicate its
contents and be accompanied by the bid security in a separate
envelope. If forwarded by mail, the two envelopes shall be placed in a
third and mailed to the City Clerk/Auditor. All bids must be filed with the
City Clerk/Auditor of the City of Waterloo at his office in the City Hall
before the time specified for closing bids.
b. Bids received prior to the advertised hour of opening will be securely
kept sealed. The officer whose duty it is to open them will decide when
the specified time has arrived, and no bid received thereafter will be
considered; except that when a bid arrives by mail after the time fixed for
opening, but before the reading of all other bids is completed, and it is
shown to the satisfaction of the City of Waterloo, Iowa, that the non-
arrival on time was due solely to delay in the mails for which the bidder
was not responsible, such bid will be received and considered.
c. Bidders are cautioned that, while telegraphic modifications of bids may
be received as provided above, such modifications, if not explicit and if in
any sense subject to misinterpretation, shall made the bid so modified or
amended, subject to rejection.
5. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS
Bids and modifications or withdrawals thereof received at the office designated
in the Notice to Bidders after the exact time set for closing of bids will not be
considered. However, a modification which is received from an otherwise
INSTRUCTIONS TO BIDDERS PAGE 2 OF 10 PAGES
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. COLLUSIVE AGREEMENTS
a. Each bidder submitting a bid shall execute and include with the bid, a
Non-Collusion Affidavit in the form herein provided, to the effect that he
as not colluded with any other person, firm, or corporation in regard to
any bid submitted.
b. Each bidder submitting a bid shall have each proposed subcontractor, if
any, execute and submit to the City Contract 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.
8. SUBCONTRACTING WBE AND MBE ENTERPRISES
a. The City of Waterloo Minority and/or Women Business Enterprise Pre-Bid
Contact Information Form and shall be submitted with the Form of Bid or
Proposal. Failure to do so shall be grounds for the bid being rejected if
subcontracting is proposed by the prime contractor. Upon Completion
of the project, prime contractor shall submit the actual dollar amounts of
any WBE/MBE subcontractor work on the project to the City of Waterloo
Contract Compliance Officer.
9. USE CITY'S MBE/WBE PROGRAM
a. PURPOSE
The purpose of the Contract Compliance Program (hereinafter called
Program) is to act as an impetus for increasing the participation of
minority and women disadvantaged business enterprise (MBE/WBE) in
City awarded construction contracts.
The Program does not propose to eliminate any bonafide contractor or
subcontractor from bidding on City contracts, but it will hopefully serve
as a needed stimulus to help local MBE/WBE's grow and eventually
become mainstream contractors and subcontractors.
INSTRUCTIONS TO BIDDERS PAGE 3 OF 10 PAGES
This Contract Compliance Program does not propose to include any set-
aside or quotas, but only flexible goals where "good-faith efforts" are
required by the contractor to use MBE/WBE subcontractors.
This Program shall not eliminate the need for contractors to continue
their "good-faith efforts" in using MBE/WBE subcontractors on City
contracts estimated at less than $50,000.
The City of Waterloo will make every effort to reduce in-house
construction and maintenance work that would be more cost effectively
performed by the private sector and, thus, would allow additional bidding
opportunities for MBE/WBE firms.
The City Contract Compliance Officer shall be advised of all City of
Waterloo awarded construction contracts.
b. DEFINITIONS
Goals: A flexible numerically expressed objective which contractors are
required to make "good-faith efforts." The key to the requirement is to
make documented efforts. Goals are neither set-a-sides nor a device to
achieve proportional representation or equal results. Numerical goals do
not create set-a-sides for specific groups, nor are they designed to
achieve proportional representation or equal results. Rather, the goal-
setting process in affirmative action planning is used to target and
measure the effectiveness of affirmative action efforts to eradicate and
prevent discrimination.
Quota: A flat numerical requirement that the contractor is required to
meet in order to obtain the benefit or be in compliance. The numerical
goal component of affirmative action programs is not designed to be, nor
may it properly or lawfully be interpreted as, permitting unlawful
preferential treatment and quotas with respect to persons of any race,
color, religion, sex, or national origin. The regulations at 41 CFR 60-
2.12(a), 60-2.15 and 60-2.30, specifically prohibit discrimination and the
use of goals as quotas. (U.S. Department of Labor)
Set-Aside:
An arrangement in which a particular contract is reserved for competition
solely among minority and women business enterprises.
Contractor:
As used in this document means contractor, subcontractor, supplier,
vendor, and professional service provider.
Minority Business Enterprise (MBE)
Any business, which is at least 51%, owned by one or more minorities
and whose management and daily business operations are controlled by
one or more such individuals and is on the current State Unified
Certification List, or were listed on the City of Waterloo Certified
MBE/WBE Contractors list as of July 1, 2002
INSTRUCTIONS TO BIDDERS PAGE 4 OF 10 PAGES
Women Business Enterprise (WBE):
Any business which is at least 51% owned by one or more women and
whose management and daily business operations are controlled by one
or more such individuals and is on the current State Unified Certification
List, or were listed on the City of Waterloo Certified MBE/WBE
Contractors list as of July 1, 2002
Minority:
Any person or persons who are considered as socially and economically
disadvantaged because of their identity as a group member without
regard to their individual qualities. The groups include: Black American,
Hispanic American, Native Americans, Eskimos, Aleuts, and Asian-Pacific
Americans. 13 C.F.R. 124-1 .1 (c)(3)(ii)(1983).
Lowest Responsible Bidder:
Bidder who has offered the lowest bid and who has exhibited skill relative
to the type of work bid on, judgment, financial responsibility, and
evidence of working with the Affirmative Action Employment Program
and the Contract Compliance Program.
Broker: One buying or selling for others on commission or other fee
basis without maintaining a warehouse or other similar inventory storage
facility.
Mayor's Advisory Committee: Mayor's Advisory Committee for Minority,
Female, and Disadvantaged Business Enterprise.
c. CONTRACT COMPLIANCE PROGRAM SUBCONTRACTING
The program proposes numerical projections or goals regarding
utilization of Minority Business Enterprise (MBE) and Women Business
Enterprise (WBE) as subcontractors in the performance of contracts
awarded by the City of Waterloo, Iowa.
A goal of at least 10% for MBE participation on all City funded
construction projects that are estimated at $50,000 or more and projects
under $50,000 where applicable at the Contract Compliance Officer's
discretion. There is at least 2% WBE goal on all projects. Any project
which is funded solely or in part with Federal funds shall follow the
respective agencies_contract compliance program and goals. Any
project which is funded solely or in part with State funds shall follow the
respective agencies contract compliance program and goals. The City of
Waterloo Contract Compliance Program is for City awarded construction
contracts only. The prime contractor shall make "good-faith efforts" to
meet the Contract Compliance MBE/WBE goals. The MBE/WBE
subcontracts must provide the prime contractor a reasonably competitive
price for the service being rendered or the contractor is not required to
accept the bid.
Administrative Reconsideration: As part of this reconsideration, the
bidder will have the opportunity to provide written documentation or
INSTRUCTIONS TO BIDDERS PAGE 5 OF 10 PAGES
arguments concerning the issue of whether they made adequate good
faith efforts to meet the goals. The bidder will have the opportunity to
meet in person with the City of Waterloo's Administrative Reconsideration
Committee to discuss the issue of whether they made adequate good
faith efforts. The Administrative Reconsideration Committee will forward a
written decision on reconsideration to the Mayor and City Council,
explaining the basis for finding that the bidder did or did not meet the
goal or make adequate good faith efforts to do so.
Documentation required will include but is not limited to the following:
* Making portions of the work available for MBE/WBE subcontracting
* Evidence of negotiating with MBE/WBE firms
* MBE/WBE quotes obtained and non-MBE/WBE quotes used
* Reasons agreements were not reached
* Follow-up after initial solicitations
* Efforts to assist in obtaining equipment, supplies and materials (at
competitive prices), bonding, lines of credit, insurance, etc.
* Evidence of past compliance or non-compliance by same contractor
The Contract Compliance Officer will determine the weight to be given to
each item listed above (supported by appropriate documentation) based
on overall program goals.
d. RESPONSIBILITIES
I. City of Waterloo
A. The City Contract Compliance Officer has the responsibility to
assure the City's compliance with Federal, State and Municipal
regulations.
B. The City Contract Compliance Officer is responsible for
maintaining a current directory of certified firms. Certification of
MBE/WBE/DBE contractors is through the Iowa Department of
Transportation and its Unified Certification Program. Only firms
certified based on guidelines prescribed in 49 CFR Part 26 and
provisions of this agreement, shall be recognized as certified by
the City of Waterloo. A list of firms is included in this Contract
Documents under "CERTIFIED MBE/WBE CONTRACTORS"
C. The City Contract Compliance Officer is responsible for making
available a list of future project information notices to MBE/WBE
firms.
D. The City Contract Compliance Officer will send notices to
appropriate MBE/WBE firms in the directory of each bid
solicitation with opening date.
E. The City Contract Compliance Officer will receive MBE/WBE
Letter(s) of Intent to Bid and within two (2) business days forward
INSTRUCTIONS TO BIDDERS PAGE 6 OF 10 PAGES
the complete list of MBE/WBE bidders who submitted a Letter of
Intent to Bid to prime contractors.
ll. Prime Contractors
In order to be in compliance with the guidelines of this program, the
prime contractor must show good-faith efforts in following the MBE/WBE
Contract Compliance Program. Good-faith efforts include, but are not
limited to, the following:
A. Prime contractors shall send solicitation letters (Form CCO-3) to
appropriate MBE/WBE (those certified in directory prepared by
City Contract Compliance Officer) at least seven (7) working days
prior to bid date. Letters should identify specific items to be
subcontracted. A minimum of three (3) disadvantaged business
contacts must be made and documented, if there are at least
three disadvantaged businesses offering services in the area to be
subcontracted (See City of Waterloo MBE/WBE Certification List).
If less than three (3) are offering the services to be subcontracted,
then a contact is required for any that are listed as providing that
service. If the Prime Contractor submits a MBE/WBE contact not
on the City's MBE/WBE list, attach a copy of the MBE/WBE/DBE
Certifications from another government agency.
B. If a prime contract bidder is unable to identify MBE/WBE firms to
perform portions of the work, the City Contract Compliance Officer
should be contacted for assistance immediately.
C. Prime contract bidders may solicit MBE/WBE proposals by
telephone or personal interviews, but all such contacts shall be
confirmed by Certified Mail, or subcontract bid request forms
(Form CCO-2).
D. If any MBE/WBE business submitting bids is not selected for
subcontract award, documentation must accompany the
"MBE/WBE Business Enterprise Pre-Bid Contact information Form"
(Form CCO-4 and CCO-4A) on why the MBE/WBE was not
selected. These reasons could include:
a. Not low bid. Copies of the competing bids may be required for
verification.
b. MBE/WBE did not bid, withdrew bid or non-responsive.
c. Documentation of other business-related reason for not
selecting the MBE/WBE business for a subcontract.
d. Prime contractor self performs work.
e. Any other reason relied on by prime.
The Contract Compliance Officer will determine the weight to be given to
each item listed above (supported by appropriate documentation) based
on overall program goals.
INSTRUCTIONS TO BIDDERS PAGE 7 OF 10 PAGES
lll. MBE/WBE Firms
A. MBE/WBE firms shall be certified by the Iowa Department of
Transportation as owners and controllers of their respective
businesses, or were listed on the City of Waterloo Certified
MBE/WBE Contractors list as of July 1, 2002.
B. MBE/WBE firms must perform the work on the project; they
cannot act as a broker by subcontracting the work out to others.
C. Each MBE/WBE firm planning to submit quotes on construction
projects with goals, shall submit a Letter of Intent to Bid (Form
CCO-5) to the City Contract Compliance Officer seven (7) working
days prior to bid opening, listing specific items which the
MBE/WBE firm is interested in bidding. If sufficient Letters of
Intent to Bid are not received by the City Contract Compliance
Officer seven (7) working days prior to bid opening, goals on
subject project will be reduced accordingly. Agreements between
the bidder/proposer and a MBE/WBE in which the MBE/WBE
promises not to provide subcontracting quotations to other
bidders/proposers are prohibited.
e. NON-COMPLIANCE OF CONTRACTORS
A. Noncompliance exists when the contractor's actions are not
consistent with the requirements of the Contract Compliance
Program in the areas of employment and subcontracting.
B. A bidder's failure to show good-faith efforts to meet project goals
or a failure to use certified MBE/WBE firms may be grounds for
finding its bid not responsible.
C. The Contract Compliance Officer shall submit to City Council
his/her recommendation on any non-compliant contract in writing.
f. NOTICE TO PROCEED
Notice to proceed on any project with goals will not be issued until City
Contract Compliance Officer determines the lowest responsible bidder
has used good-faith efforts to comply with this Compliance Program and
the bid was responsive.
g. CONCLUSION
This program repeals or revises all sections of previous Waterloo
Contract Compliance Programs.
10. STATEMENT OF BIDDER'S QUALIFICATIONS
Each bidder shall, upon request of the City of Waterloo, Iowa, submit on the
form furnished for that purpose (a copy of which is included in the contract
documents), a statement of bidder's qualifications, his experience record in
constructing the type of improvements embraced, and his organization and
equipment available for the work contemplated; and, when specifically
requested, a detailed financial statement. The City of Waterloo, Iowa, shall have
INSTRUCTIONS TO BIDDERS PAGE 8 OF 10 PAGES
the right to take such steps as it deems necessary to determine the ability of the
bidder to perform his obligations under the contract, and the bidder shall
furnish the City of Waterloo, Iowa, all such information and data for this purpose
as it may request. The right is reserved to reject any bid where an investigation
of the available evidence or information does not satisfy the City of Waterloo,
Iowa, that the bidder is qualified to carry out properly the terms of the contract.
11. AWARD OF CONTRACT
a. Award of contract will be made to that responsible bidder whose bid,
conforming to the Specifications, is most advantageous to the City of
Waterloo; price and other factors considered. The intention is to award
the contract at any time of opening bids, but the right is reserved to
postpone such action for a reasonable time, not exceeding thirty (30)
days.
b. The City Council may, when in its interest, reject any o' all bids or waive
any informality in bids received.
c. The bidder shall submit bids on all the items listed in the proposal and
shall state the unit bid price in words in the blank spaces provided
beneath the item description. Should there be any discrepancy between
the unit bid price in words and listed numeral unit bid price, the City of
Waterloo shall consider the unit bid price in words as being the valid unit
bid price. A computer-generated spreadsheet as herein provided shall
also be acceptable. Proposals requiring mathematical computations to
determine unit prices or totals will be rejected. A contract will be
awarded to the qualified bidder submitting the lowest total bid as
indicated in the NOTICE TO BIDDERS.
12. EXECUTION OF AGREEMENT, BOND, AND CERTIFICATE OF INSURANCE
a. Subsequent to the award and within ten (10) days after the prescribed
forms are presented for signature, the successful bidder shall execute
and deliver to the City of Waterloo, Iowa, an agreement in the form
included in the contract documents in such number of copies as the City
of Waterloo, Iowa, may require.
b. Having satisfied all conditions of award as set forth elsewhere in these
documents, the successful bidder shall, within the period specified in
paragraph "a" above, furnish a surety bond 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 bond 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
INSTRUCTIONS TO BIDDERS PAGE 9 OF 10 PAGES
improvements for the period stated in the Notice of Hearing from and
after completion of said improvements and their acceptance by the City.
Such bond 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 bond.
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 Conditions of Contract,
Section F. No. 5 "Liability Insurance". The certificate of insurance shall be
furnished in such number of copies as the City of Waterloo may require.
The City of Waterloo shall be named as an "Additional Insured." The
contractor shall similarly submit his subcontractor's certificates of
insurance in the amounts for approval before each commences work.
The contractor shall carry or require that there be Workmen's
Compensation Insurance for all his employees and those of his
subcontractors engaged in work at the site, in accordance with State
Workmen's Compensation Laws.
d. The failure of the successful bidder to execute such agreement and to
supply the required bond or bonds within ten (10) days after the
prescribed forms are presented for signature, or within such extended
period as the City of Waterloo, Iowa, may grant, based upon reasons
determined sufficient by the City of Waterloo, Iowa, may either award the
contract to the next lowest bidder or re-advertise for bids, and may
charge against the bidder the difference between the amount of the bid
an the amount for which a contract for the work is subsequently
executed, irrespective of whether the amount thus due exceeds the
amount of the bid guaranty. If a more favorable bid is received by re-
advertising, the defaulting bidder shall have no claim against the City of
Waterloo, Iowa, for a refund.
INSTRUCTIONS TO BIDDERS PAGE 10 OF 10 PAGES
III. FORM OF BID OR PROPOSAL
BROADWAY STREET TRAFFIC DETECTOR LOOPS
CITY OF WATERLOO, IOWA
Honorable Mayor and City Council
Waterloo, Iowa
Gentlemen:
1. The undersigned, being a Corporation existing under the laws of the State
of , a Partnership consisting of the following
partners: , having
familiarized (himself) (themselves) (itself) with the existing conditions on the
project area affecting the cost of the work, and with all the contract documents
listed in the Table of Contents and Addenda (if any), as prepared by the Engineer
of the City of Waterloo now on file in the office of the City Clerk, City Hall,
Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel,
labor, materials, machinery, tools, appurtenances, equipment, and services,
including utility and transportation services required to construct and complete
this BROADWAY STREET TRAFFIC DETECTOR LOOPS, all in accordance with the
above-listed documents and for the unit prices for work in place for the following
items and quantities:
BROADWAY STREET TRAFFIC DETECTOR LOOPS
BID DESCRIPTION UNIT EST. UNIT BID EXTENSION
ITEM QTY PRICE
-
SAW-CUT INDUCTIVE LOOPS AS PER
1 PLANS AND SPECIFICATIONS EA 31
2 TRAFFIC CONTROL LS 1
TOTAL BID IN NUMERALS: $
TOTAL BID IN WRITING:
2. It is understood that the quantities set forth are approximate only and subject to
variation and that the unit bid price for the work done shall govern in the actual
payment to Contractor.
FORM OF BID PAGE 1 OF 3 PAGES
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.
7. The bidder is prepared to submit a financial and experience statement upon
request.
8. The Prime Contractor and Subcontractor(s), which have performed an aggregate
of $10,000.00 in work for the City in the current calendar year, are prepared to
submit an AAP or Update and an EOC, within ten (10) days of notification that the
bid submitted is lowest and acceptable.
9. The bidder has received the following Addendum or Addenda:
Addendum No. Date
10. The bidder shall list the MBE/WBE subcontractor(s), amount of subcontracts and
bid items on the City of Waterloo Minority and/or Women Business Pre-bid
Contact Information Form submitted with this Form of Bid or Proposal. The
apparent low Bidder shall submit a list of all other Subcontractor(s) to be used on
this Project to the City of Waterloo by 5:00 p.m. the business day following the day
Bids on this Project are due along with the Non-Collusion Affidavits of All
Subcontractor(s).
The subcontractors listed on this proposal and/or submitted to the Contract
Compliance Officer cannot be changed except for the following reasons:
1) The City of Waterloo does not approve the subcontractors.
2) The subcontractors submit in writing that they cannot fulfill their
subcontracts.
11. The bidder has filled in all blanks on this proposal. Those blanks not applicable
are marked "none" or"NA".
12. The bidder has attached all applicable forms.
FORM OF BID PAGE 2 OF 3 PAGES
13. The City reserves the right to select alternates, delete line items, and/or to reduce
quantities prior to the award of a contract due to budgetary limitations.
(Name of Bidder) (Date)
BY: Title
Official Address: (Including Zip Code):
I.R.S. No.
FORM OF BID PAGE 3 OF 3 PAGES
IV. BID BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, of
(hereinafter called the Principal), and of
(hereinafter called the Surety),
are held and firmly bound unto the City of Waterloo (hereinafter called the
Obligee), in the
penal sum of
Dollars ($ ), 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, assigns, 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 , 200_, enter
into a written contract with the City of Waterloo, Iowa, for the construction of
BROADWAY STREET TRAFFIC DETECTOR LOOPS, 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 law.
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
BID BOND PAGE 1 OF 2 PAGES
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 Surety 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 excess increase.
3. That no provision of this bond or of any other contract shall be valid
which limits to less than two (2) years from the time of the
acceptance of the work the right to sue on this bond for defect in
workmanship or material not discovered or known to the Obligee at
the time such work was accepted.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of , 200_
Principal
By:
Surety
Attorney-in-Fact
BID BOND PAGE 2 OF 2 PAGES
V. NON-COLLUSION AFFIDAVIT OF PRIME BIDDER
State of
)ss
County of
, being first duly sworn, deposes and
says that:
1. He is (Owner, Partner, Officer, Representative, or Agent) of
, the bidder that has submitted the attached bid;
2. He is fully informed respecting the preparation and contents of the attached bid and of all
pertinent circumstances respecting such bid:
3. Such bid is genuine and is not a collusive or sham bid:
4. Neither the said bidder nor any of its officers, partners, owners, agents, representatives,
employees, or parties in interest, including this affiant, has in any way colluded, conspired,
connived or agree, directly or indirectly, with any other bidder, form 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 any in any
manner, directly or indirectly, sought by agreement or collusion or communication or
conference with any other bidder, firm or person to fix the price or prices in the attached
bid or any other bidder, or to fix any overhead, profit or cost element of the bid price of the
bid price of any other bidder, or to secure through any collusion, conspiracy, connivance,
or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person
interested in the proposed contract; and
5. The price or prices quoted in the attached bid are fair and proper and are not tainted by
any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or
any of its agents, representatives, owners, employees, or parties in interest, including this
affiant.
(Signed)
Title
Subscribed and sworn to before me this day of , 200
Title
My commission expires
NON-COLLUSION -PRIME CONTRACTOR PAGE 1 OF 1 PAGES
VI. NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR
State of )
) ss:
County of )
, being first duly sworn, deposes and
says that:
1. He is (Owner, Partner, Officer, Representative, or Agent) , of
hereinafter referred to as the "Subcontractor;"
2. He is fully informed respecting the preparation and contents of the subcontractor's
proposal submitted by the subcontractor to
, contract pertaining to the
project in
•
(City or County and State)
3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal;
4. Neither the subcontractor nor any of its officers, partners, owners, agents,
representatives, employees, or parties in interest, including this affiant, has in any way
colluded, conspired, connived, or agreed, directly or indirectly, with any other bidder,
firm or person to submit a collusive or sham proposal in connection with such contract
or to refrain from submitting a proposal in connection with such contract, or has in any
manner, directly or indirectly, sought by unlawful agreement or connivance with any
other bidder, firm or person to fix the price or prices in said subcontractor's proposal, or
to fix any overhead, profit or cost element of the price of prices in said subcontractor's
proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement
any advantage against the City of Waterloo, Iowa, or any person interested in the
proposed contract; and
5. The price or prices quoted in the subcontractor's proposal are fair and proper and are
not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part
of the bidder or any of its agents, representatives, owners, employees, or parties in
interest, including this affiant.
(Signed)
Title
Subscribed and sworn to before me this day of , 200_
Title
My commission expires
NON COLLUSION -SUBCONTRACTOR PAGE 1 OF 1 PAGES
VII. EQUAL OPPORTUNITY CLAUSE
(As provided in Executive Order No. 11246)
All contractors, subcontractors, vendors and suppliers of goods and services doing business
with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00)
annually agree as follows:
1. The contractors, subcontractor, vendor and supplier of goods and services will
not discriminate against any employee or applicant for employment because of
race, color, creed, sex, national origin, economic status, age, mental or physical
handicap, political opinions or affiliations. The contractor, subcontractor, vendor
and supplier will develop an Affirmative Action program to ensure that applicants
are employed and that employees are treated during employment without regard
to their race, creed, color, sex, national origin, religion, economic status, age,
mental or physical disability, political opinions or affiliations. Such actions shall
include but not be limited to the following:
a. Employment
b. Upgrading
c. Demotion or Transfer
d. Recruitment and Advertising
e. Layoff or Termination
f. Rates of Pay or Other Forms of Compensation
g. Selection for Training Including Apprenticeship
2. The contractor, subcontractor, vendor and supplier of goods and services will, in all
solicitations or advertisements for employees, state that all qualified applicants will
receive consideration for employment without regard to race, creed, color, sex, national
origin, religion, economic status, age, mental or physical disabilities, political opinion or
affiliations.
3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining
representative will send to each labor union or representative of workers which he/she
has a collective bargaining agreement or other contract or understanding, a notice
advising said labor union or workers' representative of the contractor's commitment
under this section.
4. The contractor, subcontractor, vendor and supplier of goods and services will comply
with all published rules, regulations, directives, and order of the City of Waterloo
Affirmative Action Program Contract Compliance Provisions.
5. The contractor, subcontractor, vendor and supplier of goods and services will furnish
and file compliance reports within such time and upon such forms as provided by the
Affirmative Action Officer. Said forms will elicit information as to the policies,
EQUAL OPPORTUNITY PAGE 1 OF 2 PAGES
procedures, patterns, and practices of each subcontractor as well as the contractor
himself/herself and said contractor, subcontractor, vendor and supplier will permit
access to his/her employment books, records and accounts to the City's Affirmative
Action Officer, for the purpose of investigation to ascertain compliance with this
contract and with rules and regulations of the City's Affirmative Action Program—
Contract Compliance Provisions relative to Resolution No. 24664.
6. In the event of the contractor's non-compliance with the non-discrimination clauses of
this contract or with any of such rules, regulations and orders, this contract may be
canceled, terminated or suspended in whole or in part and the contractor may be
declared ineligible for further contracts in accordance with procedures authorized by
the City Council.
7. The contractor, subcontractor, vendor and supplier of goods and services will
include, or incorporate by reference, the provisions of the non-discrimination
clause in every contract, subcontract or purchase order unless exempted by the
rules, regulations or orders of the City's Affirmative Action Program, and will
provide in every subcontract, or purchase order that said provisions will be
binding upon each contractor, subcontractor, or supplier.
8. We, the undersigned, recognize that we are morally and legally committed to non-
discrimination in employment. Any person who applies for employment with our
company will not be discriminated against because of race, creed, color, sex, national
origin, economic status, age, mental or physical disabilities.
(Signed)
(Appropriate Official)
(Title)
(Date)
EQUAL OPPORTUNITY PAGE 2 OF 2 PAGES
VIII. RECIPROCAL RESIDENT BIDDER PREFERENCE AND RESIDENT
BIDDER CERTIFICATION
RESIDENT BIDDER CERTIFICATION
CONTRACT NO:
PROJECT NAME:
DATE OF LETTING:
All work shall be performed by a qualified resident bidder. To be a Qualified resident
bidder, the person, corporation, partnership, or firm shall not have as employees,
Illinois laborers on the work site of a non-federal-aid project within Iowa. An Illinois
laborer is any person who has resided in Illinois for at least 30 days and intends to
become or remain an Illinois resident. This applies to all labor on the project,
whether skilled, semi-skilled, or unskilled, whether manual or non-manual. This also
applies to work subcontracted by or to the resident bidder on a non-federal-aid
project within Iowa. The resident bidder may place on such work no more than three
residents of Illinois who are his regularly employed executive and technical experts.
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 no Illinois resident laborer as defined above will be employed at
the work site during the contract period from the start of the project until its
completion.
COMPANY NAME
CORPORATE OFFICER
TITLE
DATE
RECIPROCAL RESIDENT BIDDER PAGE 1 OF 1 PAGES
Revised February 1991
IX. CONTRACTOR'S OR SUBCONTRACTOR'S AFFIRMATIVE ACTION
PROGRAM
Check box that applies to party completing program:
( ) General Contractor
( ) Subcontractor
Section A to be completed by GENERAL CONTRACTORS only:
A.
Name of Company
Address of Company Zip
Telephone Number( )
Federal ID Number(if no Federal ID Number, Owner/President's Social Security
Number)
Name of Equal Employment Officer
Name of Project
Project Contract Number
Estimated Construction Work Dates /
Start Finish
Section B to be completed by SUBCONTRACTORS only:
B.
Name of General or Prime Contractor
Name of Subcontractor
Subcontractor's Address Zip
Subcontractor's Telephone Number( )
Subcontractor's Federal ID Number(if no Federal ID Number Owner/President's
Social Security Number)
AFFIRMATIVE ACTION PAGE 1 OF 9 PAGES
Name of Equal Employment Officer
C. Remainder of program to be completed by party completing program, either
Prime or Subcontractor.
1. The Owners and/or Principals of your company:
Ethnic
Name Address Position Sex Origin
2. Other Areas of Interest:
If your company has branches or subsidiaries, or if your company is a branch
or subsidiary of a parent organization, give the following information:
Type of
Name Address Affiliation Degree
II. EMPLOYER'S POLICY (Please read carefully.)
A. We, the undersigned, recognize that we are morally and legally committed to
nondiscrimination in employment. Any person who applies for employment
with our company will not be discriminated against because of race, color,
creed, sex, national origin, economic status, age, mental or physical handicap.
B. The employment policies and practices of the undersigned are to recruit and hire
employees without discrimination, and to treat them equally with respect to
compensation and opportunities for advancement, including training, upgrading,
promotion, and transfer. However, we realize the inequities associated with
employment training, upgrading, contracting and subcontracting for minorities and
women and we will direct our efforts to correcting any deficiencies to the
maximum extent possible. The same will be required of our
SUBCONTRACTORS and suppliers.
C. We submit this program to assure compliance with Executive Order 11246, as
amended, and other subsequent orders that may pertain to equal employment
opportunity and merit employment policies, fully
realizing that our qualification and/or merit system should be evaluated and
revised, if necessary.
AFFIRMATIVE ACTION PAGE 2 OF 9 PAGES
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.
III. AFFIRMATIVE ACTION
A. recognizes that the
(Name of Company)
effective application of a policy of merit employment involves more than just a
policy statement, and
(Name of Company)
will, therefore, re-evaluate our Affirmative Action Program to ensure that equal
employment opportunities are available on the basis of individual merit, and to
actively encourage minorities, women and local residents to seek employment
with our company on this basis.
B. will undertake the
(Name of Company)
following six (6) steps to improve our Affirmative Action Program:
1. Minority Recruitment and Employment;
2. Local Recruitment and Employment;
3. Disabled Veteran and Vietnam Era Veteran Recruitment and
Employment;
4. Handicapped Recruitment and Employment;
5. Female Recruitment and Employment; and
6. Training, Upgrading and Promotional Opportunities.
C. will take
(Name of Company)
whatever steps are necessary to ensure that our total work force has adequate
minority, female, and local representation. We will utilize the following
methods in our recruitment attempts:
1. Local advertising media(newspapers, radio, TV);
2. Community organizations (churches, clubs, schools);
3. Public and private institutions in the area (UNI, Hawkeye Community
College);
4. Job Service of Iowa; and
5. Other.
D. will seek qualified minority,
AFFIRMATIVE ACTION PAGE 3 OF 9 PAGES
(Name of Company)
female, and local group applicants for all job categories and will make asserted
efforts to increase minority, female and group representation in occupations at
the higher levels or skill and responsibility.
E. All sources of employment used shall be aware that we are an Equal
Employment Opportunity Employer. Labor organizations representing our
employees will be notified of our Equal Employment Opportunity Policy and
Affirmative Action Program.
F. Training, upgrading, promotion and transfer activities at all levels will be
monitored to ensure that full consideration has been given to qualified
minority, female, and local group employees.
G. will encourage other
(Name of Company)
companies with whom we are associated and/or do business, to do the same
and we will assist them in their efforts.
H. has taken the following
(Name of Company)
Affirmative Action to ensure that minority, female, local contractors and/or
suppliers were provided opportunities to negotiate and/or bid on this project: (if
none, write "NONE")
1.
2.
As a result of the above efforts, we have involved minority, female, and local
contractors and/or suppliers in the following areas of subcontracting: (if none,
write "NONE")
1.
2.
J. will require approved
(Name of Company)
Affirmative Action Programs from all nonexempt contractors who propose to
work on this project and will take whatever steps are necessary to ensure that
non-minority contractors have adequate representation of minority, female and
local persons in their total work force.
K. In further accordance with rules and guidelines issued pursuant to Executive
Order 11246 as amended, we establish the goals for our company, based on
parity percentages supplied by the City, and we realize these goals will be
reviewed on an annual basis.
AFFIRMATIVE ACTION PAGE 4 OF 9 PAGES
L. will keep records of
(Name of Company)
specific actions relative to recruitment, employment, training, upgrading and
promotion and will provide the City of Waterloo with any information relative
to same, including activities of our SUBCONTRACTORS and suppliers as
necessary or when requested.
M. Parity figures for companies located in Waterloo are as follows:
Minority Parity= .08 (8%)
N. Affirmative Action
(Name of Company)
Employment Goals:
The definition of Affirmative Action Goals is as follows: "Goals may not be
rigid and inflexible quotas which must be met, but must be targets, reasonably
attainable by means of applying every good faith effort to make all aspects of
the entire Affirmative Action Program work."
For the year 2005, please submit percentage targets for employing minorities
and women. If you already have reached your target for hiring minorities and
women, please submit that percentage.
*Goals for Minorities:
Goals for Women:
*Your affirmative action goals should be between 1% and 10% or more for
minorities and 1% and 5% or more for women.
Please be advised that the goals or targets are purely your estimation of how
many women and minorities your company can reasonably expect to hire in
1991. Note, that none of the goals are rigid or inflexible. They are targets that
your company calculates as reasonably attainable. This will help the City in its
monitoring procedures as required by City of Waterloo Resolution No. 1984-
142(4).
AFFIRMATIVE ACTION PAGE 5 OF 9 PAGES
CONTRACTOR'S TOTAL WORK FORCE
(WATERLOO)
HOURLY
NAME AND ADDRESS JOB CATEGORY RACE SEX WAGE
INDICATE: DISABLED VETERAN: DV
VIETNAM ERA VETERAN: VV
WATERLOO DBE/WBE FORMS PAGE 6 OF 9 PAGES
HANDICAPPED: H
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.
submitted,
By:
Company Executive
Date:
By:
Equal Employment Opportunity Officer
Date:
City of Waterloo Affirmative Action Officer
Approved
Disapproved Reason:
By:
Date:
WATERLOO DBE/WBE FORMS PAGE 7 OF 9 PAGES
DESCRIPTION OF JOB CATEGORIES
1. Officials/Manager: Occupations in which employees set broad policies, exercise
overall responsibility for execution of all policies, or direct individual departments or
special phases of the agency's operations or provide specialized consultation on a
regional, district or area basis. Includes: department heads, bureau chiefs, division
chiefs, directors, deputy directors, controllers, examiners, wardens, superintendents,
unit supervisors, sheriffs, police and fire chiefs and inspectors and kindred workers.
2. Professionals: Occupations which require specialized and theoretical knowledge
which is usually required through college training or thorough work experience and
other training which provides comparable knowledge. Includes: personnel and labor
relations workers, social workers, doctors, psychologists, registered nurses,
economists, dietitians, lawyers, system analysts, accountants, engineers, employment
and vocational rehabilitation counselors, teachers or instructors, police and fire
captains and lieutenants and kindred workers.
3. Technicians: Occupations that 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 that require special manual skill and
a thorough and comprehensive knowledge of the processes involved in the work that
is acquired through on-the-job training programs. Includes: Mechanics and
repairman, electricians, heavy equipment operators, stationary engineers, skilled
machine occupations, carpenters, compositors and typesetters and kindred workers.
6. Sales Workers: Occupations engaging wholly and primarily in direct selling.
Includes: advertising agents and salesman, insurance agents and brokers, real estate
agents and brokers, stock and bond salesmen, demonstrators, salesmen and sales
clerks, grocery clerks and cashier checkers, and kindred workers.
7. Operatives (semi-skilled): Workers who operate machine or processing equipment
or perform other factory-type duties of intermediate skill level which can be mastered
in a few weeks and require only limited training. Includes: apprentices (auto
mechanics), plumbers, building trades, metal working trades, bricklayers, carpenters,
electricians, machinists, mechanics, printing trades, etc., operatives, attendants (auto
service and parking), plasterers, chauffeurs, deliverymen and furnacemen, heaters
(metal), laundry and dry cleaning operatives, milliners, mine operatives and laborers,
motormen, oilers and greasers, (except auto painters), (except construction and
maintenance), photographic process workers, stationary fireman, truck and tractor
drivers, weavers, (textile), welders and flame cutters and kindred workers.
8. Laborers (unskilled): Workers in manual occupations which generally require no
special training. Perform elementary duties that may be learned in few days and
WATERLOO DBEIWBE FORMS PAGE 8 OF 9 PAGES
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-job): Production. . . persons in formal training for craftsmen when
not trained under apprentice programs--operative laborer, and service occupations.
11. White Collar. . . persons engaged in formal training for clerical, managerial,
professional, technical, sales, office and clerical occupations.
WATERLOO DBE/WBE FORMS PAGE 9 OF 9 PAGES
X. MBE/WBE FORMS
SUBCONTRACTOR'S BID REQUEST FORM (FORMCCO-2)
PRIME BIDDER'S LETTERHEAD
Contract No.:
Letting Date:
I, (subcontractor's name), hereby attest that I
have been solicited for a bid on (project name) in the area of (description of work and
bid item no.).
(Prime contractor) has informed me that if I am interested in bidding, a subcontracting
bid proposal must be submitted to the company office by (date) and (time).
Date Subcontractor's Company Name
Subcontractor's Signature
Prime Bidder's Signature
MBE/WBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM
INSTRUCTIONS (FORM CCO-4A)
Prime Contractor Responsibilities:
Prime Contractors bidding on City of Waterloo contract work are required to ensure that MBE/WBE
businesses are provided the opportunity to participate in the performance of contracts and
subcontracts. Prime contractors are required to assist MBE/WBE businesses in overcoming barriers
to participation, and must make good faith efforts to secure bids from, and award subcontracts to,
MBE/WBE businesses. For all contract bids of $50,000 or more, the following is required to
demonstrate good faith efforts in accordance with this policy:
1. "MBE/WBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM" submitted
with the prime contractor bid, properly completed and signed on Form CCO-4 {Rev. 06-20-02).
Please note that this document must include all subcontractor contacts, bids received, and awarded -
not just those related to disadvantaged business enterprise vendors.
2. A minimum of three (3) MBE/WBE business contacts must be made and documented, if there are
at least three (3) MBE/WBE businesses offering services in the areas to be subcontracted (see City
of Waterloo MBE/WBE Certified List). If less than three (3) are offering the services to be
subcontracted, then a contact is required for any that are listed as providing that service. If you have
submitted a MBE/WBE contact not on the City's MBE/WBE list, attach a copy of the certification from
another government agency.
3. Contacts to each MBE/WBE businesses are required to be a minimum of seven (7) working days
prior to the date the prime contractor submits the bid to the City of Waterloo.
4. The following documentation must accompany the "MBE/WBE BUSINESS ENTERPRISE PRE-
BID CONTACT INFORMATION FORM"for each MBE/WBE business contacted:
a. A copy of the bid received from the MBE/WBE, OR
b. If no bid was received, a copy of correspondence received from the MBE/WBE with a "no
bid" response, OR
c. If no response was received, a copy of the solicitation sent to the MBEA'JBE with proof of
mailing attached.
5. If any MBE/WBE business submitting bids are not selected for subcontract award, documentation
must accompany the "MBE/WBE BUSINESS ENTERPRISE PRE-BID CONTAC— INFORMATION
FORM" on why the MBE/WBE was not selected. These reasons could include:
a. Not low bid. Copies of the competing bids may be required for verification
b. MBE/WBE did not bid, withdrew bid or was non-responsive.
c. Documentation of other business-related reason for not selecting the MBE/WBE business
for a subcontract.
d. Prime contractor self performs work.
e. Any other reason relied on by the Prime Contractor.
The Contract Compliance Officer will determine the weight to be given to each tern listed above
(supported by appropriate documentation) based on overall program goals.
Subcontractors Responsibilities:
1. Each MBE/WBE firm planning to submit quotes on construction projects with goals, shall
submit a Letter of Intent to Bid (Form CCO-5) to
the City Contract Compliance Officer seven (7) working days prior to bid opening, listing
specific items which the MBE/WBE firm is interested in bidding. If the City Contract
Compliance Officer does not receive sufficient scope letters seven (7) working days prior to bid
opening, goals on subject project will be reduced accordingly. Agreements oetween the
bidder/proposer and an MBE/WBE in which the MBE/WBE promises not to provide
subcontracting quotations to other bidders/proposers are prohibited.
Form CCO-4A Rev. 07-08-02
WATERLOO DBE/WBE FORMS PAGE 2 OF 4 PAGES
MBE/WBE BUSINESS ENTERPRISE
PRE-BID CONTACT INFORMATION (FORM CCO-4)
Prime Contractor Name: Project:
Letting Date:
NO MBE/WBE SUBCONTRACTORS: If you are NOT using any MBE/WBE subcontractors to
complete this project, sign below. Attach a brief explanation as to why subcontracting was not
feasible with this project. If any MBE/WBE subcontractors will be used, please use the bottom portion
of this form.
Contractor Signature: Title:
Date:
SUBCONTRACTORS APPLICABLE: You are required, in order for your bid to be considered
responsive, to provide the information on this form showing ALL of your MBE/WBE subcontractor
contacts made for your bid submission. This information is subject to verification. Any questions
should be directed to Contract Compliance Office 319-291-4429.
•
You are required, in order for your bid to be considered responsive, to provide the information on this
Form showing your MBE/WBE Business Enterprise contacts made prior to your bid submission. This
information is subject to verifications and confirmation.
If you are unable to identify MBE/WBE firms to perform portions of the work, please contact Louis
Starks, Contract Compliance Officer, for assistance at(319)291-4429.
In the event it is determined that the MBE/WBE Business Enterprise goals are not met, then before
awarding the contract the City of Waterloo will make a determination as to whether or not the
apparent successful low bidder made good faith efforts to meet the goals.
TABLE OF INFORMATION SHOWING BIDDER'S PRE-BID MBE/WBE
CONTACTS
Quotes Received Quotation used in
bid
MBE/WBE Dates Yes/No Dates Yes/No Dollar Amount
Subcontractors Contacted Contacted Proposed to
Be
Subcontracted
(Form CCO-4) Rev. 06-20-02
WATERLOO DBE/WBE FORMS PAGE 3 OF 4 PAGES
LETTER OF INTENT TO BID
(MBE/WBE LETTER- FORM CCO-5)
According to the Current MBE/WBE Contract Compliance Program - 2005, all
MBE/WBE Contractors interested in submitting subcontractor quotes on construction
projects with goals, MUST submit a LETTER OF INTENT TO BID to the City of
Waterloo Contract Compliance Officer at least seven (7) days prior to bid opening.
The LETTER OF INTENT TO BID must list the specific items which the MBE/WBE
Contractor is interested in bidding.
Letter should include the following:
Name of Project:
Your Company Name:
Address:
Phone: Date:
List of Specific items to be bid:
Item No. Description:
Item No. Description:
Item No. Description:
Item No. Description:
Item No. Description:
(Subcontractor's Company Name and authorized signature)
Return this LETTER OF INTENT TO BID to:
Contract Compliance Officer
Community Development Board
620 Mulberry St.
Carnegie Annex, Suite 202
Waterloo, IA 50703
Phone: (319) 291-4429
WATERLOO DBE/WBE FORMS PAGE 4 OF 4 PAGES
XI. CERTIFIED MBE / WBE CONTRACTORS
CITY OF WATERLOO, IOWA
CONTRACT COMPLIANCE OFFICE
Community Development Board
Carnegie Annex, Suite 202
620 Mulberry Street
Waterloo, Iowa 50703
City WEB Site:
www.ci.waterloo,ia.us
Contractor should visit the Contract Compliance WEB Site for listing updates:
http://www.wplwloo.lib.ia.us/contractcompliance/
Contact: Louis Starks, Contracts and Grants Coordinator
Email: louis.starks@waterloo-ia.org
Phone: (319) 291-4429
Fax: (319) 291-4431
WATERLOO MBE/WBE LIST PAGE 1 OF 3 PAGES
CITY CERTIFIED MBE/DBE CONTRACTORS
ENTERPRISE SPECIALIZING IN
CARTER ELECTRIC ELECTRICAL CONTRACTOR
725 Adams Street
Waterloo, IA 50703
Phone: (319) 232-9808
Pager: (319) 235-4021
Contact: Derrick Carter
CULPEPPER ELECTRIC ELECTRICAL CONTRACTOR
1731 Cottage Grove Avenue
Waterloo, IA 50707
Phone: (319) 235-0885 Fax: (319) 236-8177
Contact: Martin Culpepper
Licensed Electrician
COCKHREN ROOFING ROOFING
1708 Newell Street
Waterloo, IA 50703
Phone: (319) 232-7513
Contact: James Cockhren
CLINTON JONES TRUCKING TRUCKING
1202 Mulberry Street
Waterloo, IA 50703
Phone: (319) 235-4401
Contact: Clinton Jones
GLADYS HEASLEY TRUCKING* (was Inactive as TRUCKING
of 4/26/04)
807 W. Mullan Avenue
Waterloo, IA 50701-5926
Phone: (319) 234-8555
Cell: (319) 493-0208
Contact: Gladys Heasley
CHARLIE SCHAUF TRUCKING TRUCKING
627 Adams Street
Waterloo, IA 50703
Phone: (319) 232-4717
Contact: Charles Schauf
DANIELS HOME IMPROVEMENT ALL TYPES OF CONCRETE FLATWORK,
339 Albany Street POURED WALLS—ALL TYPES,
Waterloo, IA 50703 FOOTINGS, LIGHT DEMOLITION
Phone: (319) 833-0118
Contact: Sammy Daniels
DENTER CORPORATION COMMERCIAL AND RESIDENTIAL
426 Beech Street DEMOLITION, CONCRETE PAVING,
Waterloo, IA 50703' DRIVEWAYS, TRUCKING (ALL TYPES),
Phone: (319) 236-9075 FAX: (319)236- GENERAL CONSTRUCTION
0515
Contact: Terry Phillips
GREER'S WORKS DRIVEWAYS, SIDEWALKS, CARPENTRY,
2003 Plainview Street ROOFING, GENERAL CONSTRUCTION
Waterloo, IA 50703
Phone: (319) 233-4701
Contact: Willie Greer
WATERLOO MBENVBE LIST PAGE 2 OF 3 PAGES
ELIAS GROVER CEMENT CONTRACTORS ALL TYPES OF CONCRETE FLATWORK,
116 Carl Street ASPHALT, GENERAL CONSTRUCTION
Waterloo, IA 50703
Phone: (319) 234-3839
Contact: Elias Grover, Owner
LOVE'S ENTERPRISE CONCRETE PAVING, ASPHALT,
835 West Fifth St. DRIVEWAYS, SIDEWALKS, TRUCKING
P.O. Box 246
Waterloo, IA 50704
Phone: (319) 233-3260
Contact: David Love
OLD GREER'S WORKS GENERAL CONSTRUCTION
2309 Springview Street
Waterloo, IA 50707
Phone: (319) 233-2150
Contact: David L. Greer, Sr.
PAULINE COMPANY, INC. EROSION CONTROL, TRUCKING,
139 Clark Street GUARDRAIL, CLEARING AND GRUBBING
P. O. Box 1623 CONCRETE PAVING, ASPHALT, CURB
Waterloo, IA 50703 AND GUTTER, DRIVEWAYS, SIDEWALKS,
Phone: (319) 236-2345 FAX: (319) 236-1568 MASONRY WORK, ROOFING, CD
email: DJToaya,aol.com BASKETS, ROADWAY PIPE, TILE
Certified: Targeted Small Business, Iowa DOT LOCATING, REVETMENT, SHOULDERS,
Contact: W.C. Stokes, Owner FIELD FENCE, GENERAL
CONSTRUCTION WORK
QUICK CONSTRUCTION ALL TYPES OF CONCRETE FLATWORK
217 Bates Street AND GENERAL CONSTRUCTION
Waterloo, IA 50703
Phone: (319) 232-5564
Contact: Leroy Harrington
ARTHUR TAYLOR GENERAL REHABILITATION
701 Albany Street
Waterloo, IA 50703
Phone: (319) 235-0041
Contact: Arthur Taylor
ATLAS PAINTING, INC.* COMMERCIAL AND INDUSTRIAL
911 Sycamore Street PAINTING
P.O. BOX 65
Waterloo, IA 50704
Phone: (319) 232-9164
PETERMAN & HAES CARPET ONE* FLOOR COVERING
4003 University Avenue
Waterloo, IA 50701
Phone : (319) 233-6131 FAX: (319) 233-
6133
email: JR11486 aC�cfu.net
Certified: City of Waterloo WBE
Contact : Carol Reese
WATCO CONSTRUCTION, INC.* STORM SEWER, INLETS, DRAIN TILE,
2920 Texas Street WATER MAIN, SANITARY SEWER,
Waterloo, IA 50702 INTAKE STRUCTURES
Phone : (319) 233-7481 -
Contact : Patricia J. Kimball
WATERLOO MBE/WBE LIST PAGE 3 OF 3 PAGES
XII. STATEMENT OF BIDDERS QUALIFICATIONS
(To be submitted by the Bidder only upon the specific request of the City of Waterloo, Iowa.)
All questions must be answered and the date given must be clear and comprehensive. This
statement must be notarized. If necessary, questions may be answered on separate attached
sheets. The Bidder may submit any additional information he desires.
1. Name of bidder.
2. Permanent main office address.
3. When organized.
4. If a corporation, when incorporated.
5. How many years have you been engaged in the contracting business under your
present firm or trade name?
6. Contracts on hand: (Schedule these, showing amount of each contract and the
appropriate anticipated dates of completion.)
7. General character of work performed by your company.
8. Have you ever failed to complete any work awarded to you? If so, where and why?
9. Have you ever defaulted on a contract? If so, where and why?
10. List the more important projects recently completed by your company, stating the
approximate cost for each, an the month and year completed.
11. List your major equipment available for this contract.
12. Experience in construction work similar in importance to this project.
13. Background and experience of the principal members of your organization, including
the officers.
14. Credit available: $
15. Give bank reference:
16. Will you,upon request, fill out a detailed financial statement and furnish any other
information that may be required by the City of Waterloo, Iowa?
STATEMENT OF BIDDERS QUALIFICATIONS PAGE 1 OF 2 PAGES
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
, 200 .
(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
, 200 .
Notary Public
My commission expires ,
STATEMENT OF BIDDERS QUALIFICATIONS PAGE 2 OF 2 PAGES
XIII. SPECIFICATIONS
FOR
BROADWAY STREET TRAFFIC DETECTOR LOOPS
IN WATERLOO, IOWA
1. SCOPE
This Specifications covers the work described in the plans, Specifications and Special
Provisions. It covers furnishing all labor, equipment and materials, and performing all
required operations to complete the work as per plans and Specifications. Unless otherwise
modified by the Specifications, all work, including equipment, material and installation, shall
• be in accordance with the appropriate Iowa DOT standard and supplemental specifications.
Where reference is made to the codes, standard specifications, supplemental specifications,
the safety orders, the general orders, the standards, laws, and ordinances, it shall mean the
version of the reference that is in effect on the bid advertising date. All requirements of other
specifications contained or referred to in the contract documents which conflict with the
provisions of the special provisions will be considered void.
2. DEFINITIONS
Terms used in this Specifications shall have the meanings defined in paragraphs a to g below.
a Specifications means this document titled"BROADWAY STREET TRAFFIC DETECTOR
LOOPS"prepared for this particular project.
b IDOT means the Iowa Department of Transportation.
c City means City of Waterloo, Iowa or its representatives.
d WTOD means City of Waterloo Traffic Operations Department.
e Punch List means a list of items that need to be corrected by the contractor on the
project before the final acceptance can be made.
f Response Time means the elapsed time from when the contractor is given a notice to
make certain actions to the time the contractor actually starts the action.
g Contractor means the contractor and/or contractors representatives and sub-
contractors.
3. RELATED SPECIFICATIONS AND STANDARDS
The contractor shall comply with all of the standards listed in paragraphs below unless
otherwise modified by plans, Specifications, or Special Provisions. The contractor shall
notify WTOD in writing of any discrepancy or ambiguity as to the intent or meaning of the
plans, Specifications, or Special Provision before starting to work on that area. WTOD will
supply the contractor in writing with the intent. The decision of WTOD shall be final and
conclusive.
ITE (Institute of Transportation Engineers) Standards.
IDOT Standard Specifications for Highway and Bridge Construction, and all current
Supplemental Specifications in particular Sections 2402, 2403, 2404, 2405. 2408, 2423,
4187, and Division 26.
Specifications of the Underwriters Laboratories, Inc.
National Electrical Code.
National Electrical Safety Code.
SPECIFICATIONS PAGE 1 OF 3 PAGES
MUTCD - Iowa Manual on Uniform Traffic Control Devices.
NEMA (National Electrical Manufacturers Association) standards.
ASTM (American Society for Testing Materials) standards.
ANSI (American National Standards Institute) standards.
IMSA (International Municipal Signal Association) standards.
Local Ordinances.
All pertinent state and federal laws and regulations covering material, design, construction,
and operation.
4. INDUCTIVE SAW-CUT VEHICLE DETECTOR LOOPS
4.1. City of Waterloo Traffic Operations Department will perform all splicing of loop
wires and the detector lead-in cable inside the handholes. The detector cable shall
start and terminate at the closest handhole adjacent to the detector loops.
4.2. All loops are individually placed in pavement and terminated in handholes.
4.3. Loop Wire. The loop wire shall be 600 volt stranded copper, #14 AWG, type
THWN, with UL approval. The loop wire shall be protector by a flexible vinyl
plastic tubing of three-sixteenth (3/16) inch inner diameter, a minimum of one-thirty
second (1/32) inch wall thickness, one-fourth (1/4) inch outer diameter. The tubing
shall also be highly abrasion resistant and have a smooth bore.
4.4. A six foot Slack for each loop wire shall be provided in each handhole.
4.5. The engineer prior to beginning of construction shall verify all locations in the field.
4.6. Inductive loops consisting of three turns (four turns for back loops) of wire shall be
saw cut in the pavement, with the width of cut being 3/8" and with a depth of 2-1/2"
to 2-3/4" deep. Sharp (120 degrees or less) corners shall be provided with an
additional diagonal saw cut as shown in the plans. All saw cuts shall be overlapped
sufficiently so that a full 2-1/2" to 2-3/4" depth of cut results around the entire
perimeter of the loop. For each additional turn of wire, 1/4" of depth shall be added
to the saw cut. Generally, for all front loops have three (3) turns and all back loops
have four (4) turns of #14 AWG wire unless otherwise shown on plans or
determined by engineer during construction of the loop.
4.7. For curbed streets, the saw cut shall be extended to the gutter line and a hole shall be
drilled through the gutter line toward the handhole. No saw cut will be allowed into
the curb face. For non-curbed streets, the saw cut shall extend to a hole drilled near
the edge of the pavement as shown on the plans. A length of 3/4" diameter PVC
conduit shall be inserted and sealed into the drilled hole from the outside edge of the
pavement.
4.8. Prior to placement of wire, the saw cut shall be clean and free of water and all
foreign materials that may cause premature failure. Loop wire, encased in plastic
vinyl tubing, shall be placed in the finished cut.
4.9. Sort pieces of backer rope of 3" to 4" shall be used where necessary to assure that
the loop wire will remain at the bottom of the saw cut and not float up into the
sealant. Lead-in wires outside of the loop shall be twisted approximately one turn
per foot. All wire installation must be made without damage to the wire or its
insulation. All damaged wire shall be replaced.
SPECIFICATIONS PAGE 2 OF 3 PAGES
4.10. Loop testing completed in accordance to IDOT SS-5054M C.6.2. During saw cut
and prefabrication loop testing, the City of Waterloo, the contractor, and/or
consultant shall be present during all testing procedures. Any loop that tests below
the 100 mega ohms value shall be considered to be a faulty loop and shall be
replaced.
4.11. After obtaining satisfactory test results, the loop shall be sealed with Pro-Seal 6006
EX. If an approved equivalent is used, it must be approved by the City of
Waterloo's Traffic Operations Department. The sealer shall be used strictly in
accordance with the manufacturer's instructions. If sealant is placed below
recommended manufacturer's temperature requirements, i.e., placement during late
• fall and winter, the loop shall not be accepted until the outside air temperature is at
or above the manufacturer's temperature. The sealer shall be poured into the slot to
half depth. When both the loop and lead-in slots are half filled, check for air
bubbles or material pileup and then proceed to fill the slots to roadway level.
Excess sealant shall be removed my means of a"Squeegee".
4.12. In all cases, there shall be neither a trough nor a mound formed. The sealer, when
poured into a saw cut, should completely surround the wire, displace all air therein
and completely fill the area of the slot, except for that portion filled with the wire
hold down material. Allow sufficient time for the sealer to harden in accordance
with manufacturer's instructions before allowing traffic to move over the area.
4.13. The saw slot filler shall be a two component system, high viscosity liquid or
approved equal formulated for use in sealing inductive wire loops and leads
embedded in asphalt concrete and Portland cement concrete. The saw slot filler
shall be useable on grades of 15 percent of less without excessive flow of material,
unless otherwise approved by the engineer.
4.14. The engineer shall approve the sealer. Approval of other sealants shall be based on
specifications and/or test data about their physical properties, performance
properties and chemical resistance. The cured sealer shall be unaffected by oils,
gasoline, grease, acids and most alkalis. The mixing of components and the filling
of the cut shall be in accordance with the directions of the manufacturer.
4.15. After completion of the sealing, the loop shall be final tested, as described in
paragraph G.7 above. Completed sealed loop must pass continuity and resistance
test prior to being accepted..
4.16. Contractor is responsible for traffic control. Traffic control shall be done according
to Manual on Uniform Traffic Devices (MUTCD). Contractor shall inform the City
at least 48 hours before closing of any part of the roadway. At least one lane shall
remain open at all times.
SPECIFICATIONS PAGE 3 OF 3 PAGES
XIV. 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, assigns, 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
20 ,enter into a written contract with the City of Waterloo,Iowa, for the construction of
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 law.
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 Surety 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 excess increase.
FORM OF CONTRACT PAGE 1 OF 2 PAGES
3. That no provision of this bond or of any other contract shall be valid which
limits to less than two (2) years from the time of the acceptance of the work
the right to sue on this bond for defect in workmanship or material not
discovered or known to the Obligee at the time such work was accepted.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of , 20_.
Principal
By:
Surety
Attorney-in-Fact
FORM OF CONTRACT PAGE 2 OF 2 PAGES
XV. SPECIAL PROVISIONS
BROADWAY ATREET TRAFFIC DETECOR LOOPS
WATERLOO, IOWA
The following sections of the Specifications are modified for this project as
indicated:
None.
GENERAL CONDITIONS OF CONTRACT PAGE 1 OF 1 PAGES
XVI. GENERAL CONDITIONS OF CONTRACT
CITY OF WATERLOO, IOWA
SECTION A- Definitions of Terms
SECTION B - Scope of work
SECTION C - Control of Materials and Work
SECTION D -Procedure and Progress
SECTION E -Measurements and Payments
SECTION F-Legal Relations and Responsibility
SECTION A - DEFINITIONS OF TERMS
1. CITY. The City of Waterloo, Iowa, which is the Party of the First Part of the
accompanying contract, acting through its authorized representative.
2. COUNCIL. The duly elected Council of the City of Waterloo, Iowa.
3. ENGINEER. The Engineer of Waterloo, Iowa, or his authorized representative.
4. INSPECTOR. The authorized representative of the Engineer, assigned to the
detailed inspection of the work or materials therefor and to such other duties as may be
delegated to him in these specifications.
5. CONTRACTOR. The Party of the Second Part in the accompanying contract for
the improvement covered by these specifications, or his authorized representative.
6. SUBCONTRACTOR. Any person, firm, or corporation who has, with the
approval of the Council, contracted with the Contractor to execute and perform in his
stead all or any part of the contract.
7. BIDDER. Any individual, firm, or corporation submitting a proposal for all or a
part of the work provided for in these specifications.
8. PROPOSAL GUARANTEE. The security designed in the Notice of Bidders or
Proposal to be furnished by the bidder as a guarantee of good faith to enter into a contract
and furnish an acceptable bond for the work contemplated if it be awarded him.
9. SURETY. The corporate body bound with and for the Contractor for the
acceptable performance of the contract.
10. PROPOSAL. The written Proposal, submitted by the bidder in the prescribed
manner and on the standard form, for the improvements covered by these specifications.
11. SPECIFICATIONS. The documents that set forth the manner in which the
proposed work is to be accomplished which have been prepared by the Engineer and
approved by the City Council, official copies of which are now on file with the City
Clerk.
12. SPECIAL PROVISIONS. Clauses or memoranda not contained herein,
applying to the contract of which these specifications are a part, which change or
supplement these specifications.
13. CONTRACT. The agreement entered into between the City and the Contractor,
setting forth the terms under which the work covered by the plans and specifications is to
be performed. The contract includes all conditions, definitions, and instructions set forth
in the official publications relating to the work, the official contract and specifications,
the Proposal, official plans, and all supplemental agreements entered into by the parties to
the contract.
GENERAL CONDITIONS OF CONTRACT PAGE 1 OF 16 PAGES
14. NOTICE TO BIDDERS. The notice called attention of bidders to the time and
place for receiving bids, containing a brief description of the work, and briefly setting
forth the requirements and conditions for submission of Proposals.
15. INSTRUCTIONS TO BIDDERS. The clauses setting forth in detail the
information relative to the proposed work and requirements for the submission of
Proposals.
16. PLANS. The plans for the improvement covered by the specifications and
approved by the Council, official copies of which are on file with the City Clerk.
17. CONTRACT BOND. The bond executed by the Contractor and his surety in
favor of the City of Waterloo, Iowa, guaranteeing the complete execution of the contract
in accordance with the plans and specifications, the payment of all debts pertaining to the
work, and maintenance of the work as provided by law or by the specifications.
18. CONTRACT PERIOD. The period from the specified date for beginning the
work to the specified date of completion, both dates inclusive. The contract period may
be extended by the Council, as provided in these specifications, in which event the
contract period includes the new date of completion.
19. OFFICIAL PUBLICATIONS. The official publications are the formal
resolutions and notices relative to the proposed improvement that are required by law to
be published in a prescribed manner and that have actually been published in accordance
with the statutes relating thereto. Attention is directed to the fact that these official
publications are by statute vested with all of the force and effect of contract obligations.
20. A.S.T.M. Abbreviation for American Society for Testing Materials.
21. WORK. The term "Work" of the Contractor and Subcontractor includes labor or
materials or both, equipment, transportation, or other facilities necessary to complete the
contract.
22. TIME. All time limits stated in the contract documents are of the essence in the
contract.
23 GENERAL CONDITIONS OF CONTRACT (GCC) The conditions and
provisions stated under this section titled General conditions of Contract.
24 SPECIAL CONDITIONS OF CONTRACT (SCC) The conditions and
provisions stated under the section titled Special Conditions of Contract which will state
any changes or modifications to this GCC for this particular project.
SECTION B - SCOPE OF WORK
1. CORRELATION AND INTENT OF DOCUMENTS. The Contract
documents are complementary, and what is called for by any one shall be as binding as if
called for by all. The intention of the documents is to include all labor, materials,
equipment, and transportation necessary for the proper execution of the work. Materials
or work described in words which, so applied, have a well-known technical or trade
meaning shall be held to refer to such recognized standard.
2. DRAWINGS AND SPECIFICATIONS. Unless otherwise provided in the
contract documents, the engineer shall furnish to the Contractor, free of charge, all copies
of drawings and specifications reasonably necessary for the execution of the work.
The Contractor shall keep one (1) copy of all drawings and specifications on the work
available to the Engineer and to his representatives.
GENERAL CONDITIONS OF CONTRACT PAGE 2 OF 16 PAGES
3. CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the
Contractor has, by careful examination, satisfied himself as to the nature, character and
location of the work, the conformance to the ground, the character, quality, and quantity
of the materials to be encountered, the character of the equipment and facilities needed
preliminary to and during the prosecution of the work, the general and local conditions,
and all other matters which can, in any way, affect the work under this contract. No
verbal agreement or conversation with any officer, agent, or employee of the City, either
before or after the execution of the Contract, shall affect or modify any of the terms or
obligations herein contained.
4. REPORTING ERRORS AND DISCREPANCIES. If the Contractor, in the
course of the work, finds any discrepancies between the plans and the physical conditions
of the locality, or any errors of omission in plans or in the layout as given by said stakes
and instructions, it shall be his duty to inform the Engineer immediately, in writing, and
the Engineer shall promptly correct the same.
5. ALTERATION OR CORRECTION OF PLANS. The plans are made up from
surveys that are presumably correct and represent the foreseen construction requirements.
Any modification of the plans which may be required by the exigencies of the
construction or any corrections made necessary because of errors in the original surveys,
will be made by the Engineer. Should corrections or modifications of the plans or
specifications require a different quality or class of work than that upon which the unit
prices in the Proposal are based, or if the modifications or corrections are required in
parts of the work partially completed and such modifications result in an increased cost to
the Contractor, the amount to be paid for work resulting from such changes shall be
agreed upon in writing at the time the changes are ordered and before the work is begun
by the Contractor. No allowance will be made for anticipated profits on work not
performed.
6. CHANGES IN THE WORK. The City, without invalidating the contract, may
order extra work or make changes by altering, adding to, or deducting from the work, the
contract sum being adjusted by agreement or arbitration before such changed work is
undertaken. All such work shall be executed under the conditions of the original
contract, except that any claim for extension of time caused thereby shall be adjusted at
the time of ordering such change.
7. INCREASED OR DECREASED QUANTITIES. The right is reserved without
impairing the contract, to order the performance of such work of a class not contemplated
in the Proposal or to increase or decrease the quantities as may be considered necessary
to complete fully and satisfactorily the work included in the contract. However, when the
work is completed without change in the plans, and the measured quantity of any item of
work varies by more than twenty percent (20%) from the estimated quantity specified in
the contract, an adjustment in price may be made for such item of work by agreement
between the Engineer and the Contractor, subject to the approval of the City Council.
Either party to the contract may request such an adjustment.
8. LANDS AND RIGHT OF WAY. The City shall provide the lands upon which
the work under this contract is to be done, except that the Contractor shall provide land
required for the erection of temporary construction facilities and storage of his material,
together with the right of access to same.
GENERAL CONDITIONS OF CONTRACT PAGE 3 OF 16 PAGES
9. CITY WATER. The Contractor shall be allowed to use City Water but before
any water is used, he shall make application to the Engineer, who will provide and install
suitable meters and supply the Contractor's representative with suitable hydrant wrenches
when the use of hydrants is necessary. The Contractor shall designate one of his
employees who shall be responsible for operating the hydrants used by the Contractor.
The employee so designated shall be under the direct supervision of the Engineer, and no
other employee may operate any hydrant or valve without the written permission of the
Engineer. The meters shall not be moved by the Contractor, but will be moved by City
employees as directed by the Contractor. The water used will be charged to the
Contractor at the rate of twenty(20) cents per 1,000 gallons.
10. RIGHTS OF VARIOUS INTERESTS. Whenever work being done by the
City's forces or by other Contractors is contiguous to work covered by this contract, the
respective rights of the various interests involved shall be established by the Engineer to
secure the completion of the various portions of the work in general harmony.
11. CLOSING STREETS TO TRAFFIC. The Engineer shall be the judge of how
many streets or parts of streets it is necessary for the Contractor to close at any time and
may refuse to permit the closing of additional streets until such of the work is finished
and opened to traffic as he may direct.
12. OBSTRUCTION OF STREETS. The work is to be carried on in such manner
as to obstruct the streets, highways, and alleys as little as possible. The Contractor shall
carry on the different parts of the work so as to complete the whole, as nearly as
practicable, at the same time. In doing the work, the Contractor shall follow the
directions of the Engineer as to the place or places where work shall be started or be
carried on and the direction in which it shall be done.
13. SHANTIES AND BUILDINGS. Shanties or other buildings shall not be erected
in or upon any street, highway, or alley without permission of the Engineer. If such
permission be granted, it may be upon any reasonable terms prescribed by the person or
body granting such permission.
14. SANITARY CONVENIENCES. The Contractor shall furnish the necessary
sanitary conveniences, properly secluded, for the laborers on the work, and these shall be
maintained in a manner that will be inoffensive to the public.
15. CLEANING UP. The Contractor shall, as directed by the Engineer, remove
from the City's property and from all public and private property, at his own expense, all
temporary structures, rubbish, and waste materials resulting from his operations before
work can be considered completed. The Contractor shall also renew or replace any and
all fences, sidewalks, or other property damaged or disturbed by his work.
16. OMISSION OF PARTS OF GENERAL CONDITIONS. Parts of the General
Conditions deemed not to apply to some particular work may be omitted by special
reference in other parts of the contract documents
17. APPLICATION. These General Conditions shall apply to the extent that they
are not superseded by provisions of other parts of the Contract in particular the SCC.
SECTION C - CONTROL OF MATERIALS AND WORK
1. SUPERVISION AND INSPECTION. The Engineer shall have supervision of
the construction provided for in this Contract and shall decide any and all questions
which may arise as to the quality and acceptability of materials furnished, work
GENERAL CONDITIONS OF CONTRACT PAGE 4 OF 16 PAGES
performed, manner of performance, rate of progress on the work, and all questions
regarding the acceptable fulfillment of the terms of the Contract. Materials and
construction work shall, at all times, be subject to the inspection of the Engineer or his
representatives. The Contractor shall be held strictly to the true intent of these
specifications as regards the quality of materials, workmanship, and the diligent
prosecution of the work.
The Engineer and his representatives shall, at all times, have access to the work wherever
it is in preparation of progress, and the Contractor shall provide proper facilities for such
access and for inspection.
If the specifications, the Engineer's instructions, law ordinances, or any public authority
require any work and/or materials to be especially tested or approved, the Contractor
shall give the Engineer timely notice of readiness for inspection. If the inspection is to be
made by authority other than the Engineer, the Contractor shall notify the engineer of the
date fixed for inspection. Inspections by the Engineer will be promptly made and, where
practicable, at the source of supply. If any work should be covered up without the
approval or consent of the Engineer, it must, if required by the Engineer, be uncovered
for examination at the Contractor's expense.
Re-examination of questioned work may be ordered by the Engineer, and, if so ordered,
the work must be uncovered by the Contractor. If such work be found in accordance with
the Contract, the City shall pay the cost of re-examination and replacement. If such work
be found not in accordance with the Contract, the Contractor shall pay such cost unless he
shall show that the defect in the work was caused by another Contractor, and, in that
event, the City shall pay the cost.
2. AUTHORITIES AND DUTIES OF INSPECTORS. Inspectors may be
stationed on the work to report to the Engineer as to the progress of the work and the
manner in which it is being performed; also, to report whenever it appears that materials
furnished and work performed by the Contractor fail to fulfill the requirements of the
specifications and Contract, and to direct the attention of the Contractor to such failure or
infringement; but such inspection shall not relieve the Contractor from any obligations to
furnish acceptable materials or to provide completed construction that is satisfactory in
every particular.
In case of any dispute arising between the Inspector and the Contractor as to materials
furnished or the manner of performing the work, the Inspector shall have the authority to
reject materials or suspend the work until the question at issue can be referred to and
decided by the Engineer. Inspectors are not authorized to revoke, alter, enlarge, relax, or
release any requirements of these specifications. The Inspector shall, in no case, act as
foreman or perform other duties for the Contractor, or interfere with the management of
the work by the latter.
3. STATUS OF THE ENGINEER. The Engineer shall have general supervision
and direction of the work. He has authority to stop the work whenever such stoppage
may be necessary to insure the proper execution of the Contract. He shall also have
authority to reject any work and/or materials which do not conform to the specifications,
to direct the application of forces to any portion of the work as, in his judgment, is
required, and to order the force increased or diminished, and to decide questions which
arise in the execution of the work.
GENERAL CONDITIONS OF CONTRACT PAGE 5 OF 16 PAGES
4. ENGINEER'S DECISIONS. The Engineer shall, within a reasonable time,
make decisions on all claims of the Contractor and on all other matters relating to the
execution and progress of the work or the interpretation of the contract documents.
All such decisions of the Engineer shall be final except as to the element of time and
financial consideration involved, which, if no agreement in regard thereto is reached,
shall be subject to arbitration.
5. STAKES AND INSTRUCTIONS. The Contractor shall provide reasonable and
necessary opportunities and facilities for setting stakes and making measurements.
Except where noted in the SCC, 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.
The contractor shall promptly report to the Engineer any discrepancies between plans and
the stakes.
6. SUPERINTENDENCE. The Contractor shall keep on his work during its
progress a competent superintendent and any necessary assistants, all satisfactory to the
Engineer. The Superintendent shall not be changed except with the consent of the
Engineer, unless the Superintendent proves to be unsatisfactory to the Contractor and
ceases to be in his employ. The Superintendent shall represent the Contractor in his
absence, and all directions given to him shall be as binding as if given to the Contractor.
Important decisions shall be confirmed in writing to the Contractor. Other directions
shall be so confirmed on written request in each case.
The Contractor shall give efficient supervision to the work using his best skill and
attention. He shall carefully study and compare all drawings, specifications, and other
instructions, and shall report at once to the Engineer any error, inconsistency, or omission
which he may discover.
7. REMOVAL OF UNAUTHORIZED WORK. Work done without lines and
grade being give, work done beyond lines shown on the plans or as given, except as
herein provided, or any extra or additional work done without authority, will be
considered as unauthorized and at the expense of the Contractor and will not be paid for
under the provisions of the Contract. Work so done may be ordered removed and
replaced at the Contractor's expense.
8. REMOVAL OF DEFECTIVE MATERIALS OR WORK. The Contractor
shall promptly remove from the premises all materials condemned by the engineer as
failing to conform to the Contract; whether incorporated in the work or not, and the
Contractor shall promptly replace and re-execute his own work in accordance with the
contract and without expense to the City, and shall bear the expense of making good all
work of other Contractors destroyed or damaged by such removal or replacement.
If the Contractor does not remove such condemned work and materials within a
reasonable time, fixed by written notice, the City may remove them and may store the
material at the expense of the Contractor. If the Contractor does not pay the expense of
such removal within a reasonable time thereafter, the City may, upon ten (10) days'
written notice, sell such materials at auction or at private sale and shall account for the
GENERAL CONDITIONS OF CONTRACT PAGE 6 OF 16 PAGES
net proceeds thereof, after deducting all the costs and expense that should have been
borne by the Contractor; or, if the net proceeds of such sale are insufficient to pay the
expenses of removal, the City may deduct the balance from any amounts due the
Contractor.
9. MATERIALS, EQUIPMENT, APPLIANCES, AND FACILITIES. Unless
otherwise stipulated, the Contractor shall provide and pay for all materials, labor, water,
tools, equipment, light, power, transportation, and other facilities necessary for the
execution and completion of the work. Materials shall be of the quality specified for each
particular part of the work.
Whenever, in construction of the work or in the manufacture of any article of appliance
necessary for the construction or operation of the work, it is necessary to use any material
that is not fully specified in these specifications, it shall be of good quality and shall meet
with the approval of the Engineer.
Any appliance that is necessary for the construction or operation of the work and is
commonly recognized as a part of the work, shall be furnished by the Contractor as part
of the work, whether or not it is specifically called for in the plans and specifications, and
such appliance shall be of good quality and standard make and shall meet with the
approval of the Engineer.
10. MATERIAL SAMPLES. Before the contract is awarded, the bidder may be
required to furnish a statement of the origin, composition, and manufacture of any and all
materials proposed for use in the performance of the Contract, together with samples of
the material. These samples will be considered as representative and typical of the
material to be obtained from any particular source.
11. CHARACTER OF WORKMEN AND EQUIPMENT. The Contractor shall
employ competent and efficient workmen for every kind of work. Any person employed
on the work who shall refuse or neglect to obey the directions of the engineer or
Inspector, or who shall be deemed incompetent or disorderly, or who shall commit
trespass upon public or private property in the vicinity of the work, shall be dismissed
when the Engineer so orders, and shall not be re-employed unless express permission be
given by the Engineer. The Contractor shall, at all times, enforce discipline and good
order among his employees.
The methods, equipment, and appliances used on the work, and the labor employed, shall
be such as will produce a satisfactory quality of work and shall be adequate to complete
the contract within the specified time limit.
12. HIRING CITY EMPLOYEES. The Contractor shall not employ and hire any
of the City's employees without the permission of the Engineer.
13. LABOR. Local labor shall be given preferences so far as practicable.
14. THE CITY'S RIGHT TO DO WORK. If the Contractor should neglect to
prosecute the work properly or fail to perform any provision of this Contract, the City of
Waterloo, after three (3) days' written notice to the Contractor may, without prejudice to
any other remedy he may have, make good such deficiencies and may deduct the cost
thereof from the payment then or thereafter due the Contractor, provided, however, that
the Engineer shall approve both such action and the amount charged to the Contractor.
GENERAL CONDITIONS OF CONTRACT PAGE 7 OF 16 PAGES
SECTION D - PROCEDURE AND PROGRESS
1. ORDER OF COMPLETION - USE OF COMPLETED PORTIONS. The
Contractor shall complete any portion or portions of the work in such order or time as the
Engineer may require. The City shall have the right to take possession of an use
completed or partially completed portion of the work at any time, but such taking
possession and use shall not be deemed an acceptance of work so taken or used, or any
part thereof. If such prior use increases the cost of or delays the work, the Contractor
shall be entitled to such extra compensation or extension of time, or both, as the Engineer
may determine.
2. WEATHER. During stormy or inclement weather, all work shall be suspended,
except such as can be done in an acceptable manner. Permission to work during freezing,
stormy, or inclement weather shall in no way be construed as a release of the Contractor's
responsibility regarding the quality of the finished work at such time.
3. SUNDAYS AND LEGAL HOLIDAYS. Except for such work as may be
required to properly maintain or protect completed or partially completed construction or
to maintain lights and barricades, no work will be permitted on Sundays or legal holidays
without specific permission of the Engineer.
4. DELAYS AND EXTENSION OF TIME. If the Contractor be delayed in the
completion of the work by an act of neglect of the City, or its employees; or by any other
Contractor employed by the City; or by changes ordered in the work; or by strikes,
lockouts, fire, unusual delays in transportation, unavoidable casualties, or any cause
beyond the Contractor's control; or by delay authorized by the Engineer pending
arbitration; or by any cause which the Engineer shall decide justifies the delay, then the
time of completion shall be extended for such reasonable time as the Engineer may
decide will compensate for such delay.
No such extension shall be made for delay occurring more than thirty (30) days before
claim therefor is made in writing to the Engineer. In the case of a continuing cause of
delay, only one claim is necessary.
This article does not exclude the recovery of damages for delay by either party under
provisions in the contract documents.
5. TEMPORARY SUSPENSION OF WORK. The Engineer shall have authority
to suspend the work, wholly or in part, for such period or periods of time as he may deem
necessary, due to unsuitable weather or such other conditions as are considered
unfavorable for the suitable prosecution of the work, or for such time as is necessary due
to the failure to the Contractor to carry out orders given or to perform any or all
provisions of the Contract.
6. NOTICES - HOW SERVED. Any notice to be given by the City to the
Contractor under this contract shall be deemed to be served if the same be delivered to
the man in charge of any office used by the Contractor or his foreman or agent at or near
the work, or deposited in the post office, postpaid, addressed to the Contractor at his last
known place of business.
7. CONSTRUCTION SCHEDULING
The Contractor's shall obtain the Engineer's approval of his work schedule prior to
starting. All revisions shall also be approved. The Engineer may change the schedule to
accommodate changing construction conditions.
GENERAL CONDITIONS OF CONTRACT PAGE 8 OF 16 PAGES
The Contractor shall coordinate the work under this contract with contractors performing
work under other contracts which may be performed concurrently.
The Contractor shall be responsible to notify the Police, Fire, Street and Engineering
Depaitaaients 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.
8. PROGRESS OF WORK. The progress of the work shall be such that, at the
expiration of one-fourth (1/4) of the contract period, one-eighth (1/8) of the work shall be
completed; at the expiration of one-half(1/2) of the contract period, three-eighths (3/8) of
the work shall be completed; at the expiration of three-fourths (3/4) of the contract
period, the work shall be three-fourths (3/4) completed, and the whole work shall be
completed at the expiration of the contract period.
If, at any time the above schedule is not being maintained, the Council may give written
notice to the Contractor and his sureties that the specifications are not being complied
with. Such notice shall state what action on the part of the Contractor is required to bring
the work within the requirements of the specifications. If the Contractor fails, within ten
(10) days, to proceed as directed in the said notice, then the Council shall have authority
to annul this contract without process or action at law and take over the prosecution and
completion of the work, as provided under the article covering City's right to terminate
contract.
9. CITY'S RIGHT TO TERMINATE CONTRACT. If the Contractor should be
adjudged a bankrupt; or if he should make a general assignment for the benefit of this
creditor; or if a Receiver should be appointed on account of his insolvency; or if he
should persistently or repeatedly refuse or should fail, except in cases for which extension
of time is provided, to supply enough skilled workmen or proper materials; or if he
should fail to make prompt payment to Subcontractors or for materials or labor; or if he
should persistently disregard laws, ordinances, or the instructions of the Engineer; or if he
should otherwise be guilty of a substantial violation of any provision of the contract, then
the City, upon the certificate of the Engineer that sufficient cause exists to justify such
action, may, without prejudice to any other rights or remedy, and after giving the
Contractor seven (7) days' written notice, terminate the employment of the Contractor
and take possession of the premises and of all materials, tools and appliances thereon and
finish the work by whatever method he may deem expedient. In such cases, the
Contractor shall not be entitled to receive any further payment until the work is finished.
If the unpaid balance of the contract price shall exceed the expenses of finishing the
work, including compensation for additional managerial and administration services,
such excess shall be paid to the Contractor. If such expense shall exceed such unpaid
balance, the Contractor shall pay the difference to the City. The expense incurred by the
City as herein provided and the damage incurred through the Contractor's default shall be
certified by the Engineer.
10. 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.
GENERAL CONDITIONS OF CONTRACT PAGE 9 OF 16 PAGES
SECTION E - MEASUREMENTS AND PAYMENT
1. 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.
2. STANDARD OF MEASUREMENT. All work completed under the contract
shall be measured by the Engineer according to the United States standard measures.
3. SCOPE OF PAYMENTS. The Engineer's measurements of quantities shall be
the basis for final payment for the work performed under this Contract. After the work is
completed, the Engineer will make measurements and computations of the number of
units of each of the various items of work completed, and the Contractor will be paid for
the actual amount of work performed at the rates specified in his Proposal. Before final
settlement is made, the Council may require the Contractor to submit a list of all persons
furnishing labor or materials, with evidence that such persons have been paid in full.
Payment shall be made in the manner set forth in official publications and Council
Proceedings relative thereto.
4. PAYMENT FOR EXTRA WORK. Such extra work as may have been ordered
by the Engineer and performed by the Contractor shall be compensated for as provided
herein. If work is to be done or materials are to be furnished by the Contractor which
cannot properly be classified under unit prices included in the Proposal, the Contractor
shall be paid therefor the actual reasonable cost of the labor and materials entering
permanently in such work, plus fifteen percent (15%) of the cost thereof. In computing
the labor cost on such extra work, the following items shall be included:
(a) Actual payroll expenditures for labor at the current rate therefor, and cost
of materials.
(b) Pay of foreman and timekeepers for actual time required on the extra
work.
(c) Liability insurance, prorated, for the extra work.
Labor cost items on extra work shall be furnished in duplicate by the Contractor to the
Inspector daily. The Inspector shall check the items, and if he finds them to be correct,
he shall so certify on the statement of cost, returning one copy to the Contractor and
filing one copy with the Engineer.
The Engineer shall determine the cost of materials entering into extra work from the
materials and receipted freight bills for the same.
For any special machine, power tools, or equipment, including fuel and lubricants, but
not including small hand tools, which may be deemed necessary or desirable to use, the
Contractor shall be allowed a reasonable rental thereon, to be agreed upon in writing by
the Engineer before such work is begun, and to which sum no percentage is to be added.
The item of cost shall not include repairs or replacement of equipment or overhead
expenses of any character. The fifteen percent (15%) allowed is considered to cover the
use of hand tools and all overhead expenses except liability insurance.
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.
GENERAL CONDITIONS OF CONTRACT PAGE 10 OF 16 PAGES
5. CLAIMS FOR EXTRA COST. If the Contractor claims that any instructions,
by drawings or otherwise, involved extra cost under this contract, he shall give the
Engineer written notice thereof within ten(10) days after completion of the work.
No such claim shall be valid unless so made.
6. 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.
7. COMPLETION REPORT AND OBJECTIONS THERETO. Within ten (10)
days after the full completion of the work to be done under this contract, the Engineer
shall make a written statement of all the work done by the Contractor hereunder, stating
the quantity of each item as found by him and including a statement of all credits for
extra work and all credits or debits for changes, alterations, omissions, and defects, and
shall forthwith deliver a copy of such statement to the Contractor. The Contractor shall
compare such statement with his own records and shall then, in writing, either approve
such statement or point out any claimed errors or omissions. If any of such claims are
found correct, the Engineer shall, within ten (10) days, prepare a new statement, a copy
of which shall in like manner be delivered unto the Contractor. The Engineer will not file
a formal completion report with the City until the Contractor has approved the same.
If the figures of the Engineer and the Contractor cannot be reconciled, or there is a
difference of opinion regarding some item or items, then such difference of opinion shall
be submitted to arbitration as hereinafter provided, and the decision of the arbitrator or
arbitrators shall be final, and the Engineer shall, within a period of five (5) days, file his
completion report.
Before action by the City Council upon such completion report, the Contractor shall also
file a written statement of any claims he may have against the City, other than those
shown by such completion report, growing out of this contract or the work done
hereunder. The City shall retain ten percent (10%) of 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.
8. 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.
GENERAL CONDITIONS OF CONTRACT PAGE 11 OF 16 PAGES
9. WORKING ON SATURDAYS, SUNDAYS AND LEGAL HOLIDAYS
The Contractor shall notify the Engineer in writing forty-eight (48) hours in advance if
work on Saturday is planned. By noon the Friday before the planned Saturday work, the
Contractor shall confirm the Saturday work schedule with the project inspector.
SECTION F - LEGAL RELATIONS AND RESPONSIBILITIES
1. CONSTRUCTION DAMAGE
The Contractor shall exercise care during construction operations to ensure the
safety and protection to existing features located near or within the limits of
construction. Damage caused by negligence or poor workmanship, as
determined by the Engineer, shall be considered the Contractor's responsibility.
2. LAWS RELATING TO WORK. The Contractor is presumed to be familiar
with all laws, ordinances, and regulations which may, in any manner, affect those
engaged or employed upon the work or the materials or equipment used in or upon the
work, and shall conduct the work so as not to conflict with such laws, ordinances, and
regulations.
3. PROTECTION OF WORK AND PROPERTY. The Contractor for any part of
the improvement shall be held responsible for the care of materials and of partially
completed and completed work until final acceptance of the same by the Council. He
will be required to make good at his own expense any damage which the work may
sustain from any cause prior to the filing of the engineer's certificate of completion. He
shall take all risk from floods and casualties of every description and make no charge for
delay due to such cause. He may, however,be allowed a reasonable extension of time on
account of such delays. He shall correct or make good at his own expense all damages
to adjacent property due to the acts or negligence of his employees of the prosecution of
his work, and save the City harmless therefor.
The Contractor shall be held liable and responsible for all damages done to water, sewer,
drain, or other underground pipes and structures, and to sidewalks and private property.
4. RESPONSIBILITY FOR ACCIDENTS. The Contractor shall assume full
responsibility for all damages sustained by persons or property due to the carrying on of
his work until final acceptance thereof, or until released by the Engineer in writing.
5. LIABILITY INSURANCE. The Contractor shall carry liability insurance which
shall save the City harmless and protect the public and any person from injury sustained
by the reason of the prosecution of the work or the handling or storing of materials
therefor, and said Contractor shall also carry liability insurance which shall meet the
requirements of the Iowa Worker's Compensation Law.
Before work shall be started on this contract, the Contractor shall furnish the City Clerk
with proper affidavit or Affidavits executed by representatives of duly qualified insurance
companies, evidencing that said insurance company or companies have issued liability
insurance policies, effective during the life of the contract, or for a period of a least ten
(10) days following the filing of written notice of cancellation, protecting the public and
any person from injuries or damages sustained by reason of carrying on the work
involved in the Contract. The affidavit shall specifically evidence the following forms of
insurance protection:
(a) Public liability insurance covering all operations performed by persons
directly employed by the Contractor.
GENERAL CONDITIONS OF CONTRACT PAGE 12 OF 16 PAGES
(b) Public liability insurance covering all operations performed by any
Subcontractor to whom a portion of the work may have been assigned.
(c) Public liability insurance covering all work upon the project performed by
any independent Contractor working under the direction of either the
principal Contractor or a Subcontractor.
(d) Motor vehicle bodily injury liability insurance and property damage
liability insurance on all motor vehicles employed on the work,whether owned by the
Contractor or by other persons, firms, or corporations.
(e) The minimum protection shall be as follows:
Comprehensive General Liability Insurance
General Aggregate Limit $ 2,000,000.00
Products—Completed Operations
Aggregate Limit $ 2,000,000.00
Each Occurrence Limit $ 2,000,000.00
Comprehensive Automobile Liability
Insurance $ 1,000,000.00
The Contractor shall have the City of Waterloo, Iowa, 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.
6. BARRICADES AND SIGNS. The Contractor shall, at his own expense and
without further or other order, provide, erect, and maintain, at all times during the
progress and suspension of the work and until completion and final acceptance thereof,
suitable and requisite barricades, signs, or other adequate protection, as required by the
latest edition of the "Iowa Manual on Uniform Traffic Control Devices for Streets and
Highways" and shall provide, keep, and maintain such barricades, signs, etc., as may be
required or as may be ordered by the Engineer, to insure the safety of the public as well
as those engaged on the work. All barricading plans shall be approved by the Engineer.
7. ROYALTIES AND PATENTS. The Contractor shall pay all royalties and
license fees. He shall defend all suits or claims for infringement of any patent rights and
shall save the City harmless from loss on account thereof, except that the City shall be
responsible for all such loss when a particular process or the product of a particular
manufacturer is specified.
8. PERMITS AND REGULATIONS. Permits and licenses of a temporary nature
for the prosecution of the work shall be secured and paid for by the Contractor. Permits,
license, and easements for permanent changes in existing facilities shall be secured and
paid for by the City.
9. CLAIMS FOR DAMAGES. Any claim for damages arising under this Contract
shall be made in writing to the party liable within a reasonable time of the first
observance of such damage and no later than the time of final payment, except as
expressly stipulated otherwise in the case of faulty work or materials, and shall be
adjusted by agreement or arbitration.
GENERAL CONDITIONS OF CONTRACT PAGE 13 OF 16 PAGES
The Contractor shall be held for the payment of all just claims against him arising out of
the prosecution of this contract, and his bond will not be released until such claims are
paid for dismissed.
10. 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.
11. SUBCONTRACTORS. The Contractor shall, as soon as practicable after the
signature of the contract, notify the Engineer in writing of the names of the
Subcontractors proposed for the work and shall not employ any that the Engineer may,
within a reasonable time, object to as incompetent or unfit.
The Contractor agrees that he is as fully responsible to the City for the acts and omission
of his Subcontractors and of persons either directly or indirectly employed by them as he
is for the acts and omissions of persons directly employed by him.
Nothing contained in the contract documents shall create any contractual relation
between any Subcontractor and the City.
12. ARBITRATION. All questions subject to arbitration under this Contract shall be
submitted to arbitration at the choice of either party to the dispute.
The Contractor shall not cause a delay of the work during any arbitration proceedings,
except by agreement with the Engineer.
The demand for arbitration shall be filed in writing with the Engineer, in the case of an
appeal from his decision, within ten (10) days of its receipt, and in any other case, within
a reasonable time after cause thereof, and in no case later than the time of final payment,
except as otherwise expressly stipulated in the contract. If the Engineer fails to make a
decision within a reasonable time, an appeal to arbitration may be taken as if his decision
had been rendered against the part appealing.
No one shall be nominated or act as an arbitrator who is in any way financially interested
in the contract or in the business affairs of either the City or the Contractor.
The general procedure shall conform to the laws of the State of Iowa. Unless otherwise
provided by such laws, the parties may agree upon one arbitrator; otherwise, there shall
be three--one named in writing by each party to this contract to the other party, and the
third chosen by these two arbitrators, or, if they fail to select a third within ten (10) days,
then he shall be chosen by the Comptroller of the State of Iowa. Should either party
refuse or neglect to supply the arbitrators with any papers or information demanded in
writing, the arbitrators are empowered by both parties to proceed ex parte.
If there be one arbitrator, his decision shall be binding; if three, the decision of any two
shall be binding. Such decision shall be a condition precedent to any right of legal action,
and, wherever permitted by law, it may be filed in Court to carry it into effect.
The arbitrators, if they deem that the case demands it, are authorized to award to the party
whose contention is sustained such sums as they shall deem proper for the time, expense,
and trouble incident to the appeal, and, if the appeal was taken without reasonable cause,
damages for delay, the arbitrators shall fix their own compensation unless otherwise
provided by agreement, and shall assess the costs and charges of the arbitration upon
either or both parties.
The award of the arbitrators must be in writing, and it shall not be open to objections on
account of the form of proceeding or the award, unless otherwise provided by the laws of
Iowa.
GENERAL CONDITIONS OF CONTRACT PAGE 14 OF 16 PAGES
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.
13. PERFORMANCE BOND. 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 a written bond of indemnity to the amount required by law in form and substance,
and with surety thereon satisfactory and acceptable to the City, to insure the faithful
performance by the Contractor of all the covenants and agreements on the part of the
Contractor contained in this contract. This bond shall remain in force and effect for the
full amount of the Contract.
14. PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of
the provisions of the Contract or in exercising any power or authority granted him
thereby, there shall be no liability upon the Engineer or his authorized assistants, either
personally or as an official of the City, it being understood that in such matters he acts as
the agent and representative of the City.
15. JURISDICTION. Any action in Court against the Contractor or sureties on his
bond because of damages to property or individuals by said Contractor or his workmen,
or because of the violation of any provisions of the specifications, or on account of the
failure of said Contractor to comply fully with these provisions, shall be brought in the
District Court of the State of Iowa in and for Black Hawk County.
16. TERMINATION OF RESPONSIBILITY. The Contract shall be considered as
completed and the Contractor released from further obligations except as to the
requirements of his bond, after the work has been completed and finally accepted and
final estimates have been allowed and the completion report of the engineer has been
filed and approved by the Council.
17. CITY'S LEGAL RIGHTS. The City shall not be precluded by any
measurements, estimate, or certificate made, either before or after the completion and
acceptance of the work and payment therefor, from showing the true amount and
character of the work performed and materials furnished by the Contractor, or from
showing that any such measurement, estimate, or certificate is untrue or incorrectly made,
or the work or materials do not, in fact, conform to the Contract.
The City shall not be precluded, notwithstanding any such measurements, estimate, or
certificate and payment in accordance therewith, from recovering from the Contractor
and his surety such damages as it may sustain by reason of his failure to comply with the
terms of the Contract. Neither the acceptance by the City or any of its representatives,
nor any payment for or acceptance of the whole or any part of the work, nor any
extension of time, nor any possession taken by the City, shall operate as a waiver on any
portion of the contract or of any power herein reserved, or any right to damages herein
provided. A waiver of any breach of the contract shall not be held to be a waiver of any
other or subsequent breach.
19. PRE-CONSTRUCTION CONFERENCE
Before any work is started, the Contractor shall arrange with the Engineer to hold a pre-
construction conference to discuss problems and schedules of contracts.
GENERAL CONDITIONS OF CONTRACT PAGE 15 OF 16 PAGES
20. UNDERGROUND UTILITIES
It is the responsibility of the Contractor to obtain the location of gas lines, water lines,
electric, telephone, and cable television cables or wires from the various utility
companies and the City electrician before starting any excavation. The Contractor shall
be responsible for any damage to any underground utilities. The Contractor shall expose
those utilities indicated on the plans so that elevations may be determined before
beginning construction. This work shall be considered incidental to other items of work.
If the Contractor believes that additional costs have been incurred due to a utility being
improperly located, the resolution of the additional costs incurred shall be made between
the Contractor and the respective utility company.
22. TRAFFIC CONTROL DURING CONSTRUCTION
The Contractor shall, at his own expense and without further or other order, provide,
erect and maintain, at all times during the progress and suspension of the work and until
completion and final acceptance thereof, suitable and requisite barricades, signs or other
adequate protection, as required by the latest edition of Part VI of the "Manual on
Uniform Traffic Control Devices" and shall provide, keep and maintain such barricades,
signs, etc., as may be required or as may be ordered by the Engineer, to ensure the safety
of the public as well as those engaged on the work. All barricading plans shall be
reviewed by the Engineer.
The Contractor shall determine,provide and obtain approval from the 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 Engineer's Office and the Police, Fire and Street Depai talents when the
street is closed for construction. All barricading shall be in accordance with the latest
edition of Part VI of the "Manual on Uniform Traffic Control Devices." Encapsulated
lens sheeting is not required on this project.
23. 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 CONDITIONS OF CONTRACT PAGE 16 OF 16 PAGES
XVIII. FORM OF CONTRACT
CONTRACT FOR
BROADWAY STREET TRAFFIC DETECOR LOOPS
IN WATERLOO, IOWA
This contract made and entered into this day of , 200 ,by and between
the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred
to as City), and of , , (hereinafter
•
referred to as Contractor), WITNES SETH:
PAR. 1 Contractor agrees to build and construct the BROADWAY ATREET
TRAFFIC DETECOR LOOPS IN WATERLOO, IOWA, 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.
PAR. 2 It is understood and agreed that the resolution adopted by the City Council
ordering the construction of the improvement, the Notice to Contractors as
published, the Instruction to Bidders, the Form of Proposal, the Construction
and Maintenance Bonds, the Council Proceedings relating to this matter, and
the Plans and Specifications shall all be considered as forming a part of the
contract the same as though they were each set out in said contract.
PAR. 3 The Contractor agrees to furnish at its own cost and expense, all necessary
materials and labor for said work and to construct said improvements in a
thorough, substantial, and workmanlike manner, and in strict accordance
with the requirements of this contract, and of the plans and specifications
made a part hereof by reference, and to the satisfaction and approval of the
City and its engineer.
PAR. 4 The Contractor agrees to perform said work and install said improvements
on the terms set out in bid or proposal to the City which has been accepted
by the City and which is by reference made a part of this contract.
PAR. 5 The Contractor agrees to commence said work within ten(10) working days
after receipt of"Notice to Proceed" and complete it within 30 working days,
unless an extension of time is granted in writing by the City.
PAR. 6 Should the Contractor fail to complete said improvements in strict
accordance with the terms and conditions of this contract, or the plans and
specifications therefor promptly by the date herein specified, the City may
pay such additional sums as it may be required to pay by reason of the failure
of said contractor and deduct any and all such sums from any amount then
due the Contractor.
PAR. 7 The Contractor agrees to comply with and obey all ordinances of the City of
Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping
FORM OF CONTRACT PAGE 1 OF 4 PAGES
XVII. SPECIAL CONDITIONS OF CONTRACT
BROADWAY ATREET TRAFFIC DETECOR LOOPS
WATERLOO, IOWA
The following conditions shall modify and prevail the appropriate and/or corresponding
conditions in General Conditions of Contract.
1. This project must follow the completion of the F.Y. 2007 ASPHALT OVERLAY
PROGRAM CONTRACT # 719 BROADWAY STREET, WAGNER ROAD TO
DONALD STREET The contractor is Aspro Inc. of Waterloo, Iowa. A Notice to
Proceed will be issued based on the progress of asphalt overlay work.
2. City of Waterloo Traffic Operations Department personnel will mark the location
of the loops.
3. Contractor might have to unearth some handholes.
FORM OF CONTRACT PAGE 1 OF 2 PAGES
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