Loading...
HomeMy WebLinkAboutCONTRACT DOCUMENTS CONTRACT DOCUMENTS PURCHASING SOLAR RADIO CONTROLLED FLASHING BEACONS TRF-1 48 TABLE OF CONTENTS 1. NOTICE OF PUBLIC HEARING 2 RECEIVING OF BIDS 2 PUBLIC HEARING 2 OPENING OF BIDS 2 COST OF BIDDING 2 AMENDMENT OF BIDDING DOCUMENTS 2 DELIVERY DATE 2 METHOD OF PAYMENT TO CONTRACTOR 3 SPECIFICATIONS 3 PREPARATION OF BIDS 3 SUBMISSION OF BIDS 3 LATE BIDS AND MODIFICATIONS OR WITHDRAWALS 3 AWARD OF CONTRACT 3 EXECUTION OF AGREEMENT 3 CITY'S RIGHT TO VARY QUANTITIES AT TIME OF AWARD 4 BID SECURITY REQUIRED 4 LIQUIDATED DAMAGES 4 DELIVERY LOCATION 4 EXPLANATIONS TO BIDDERS 4 2. FORM OF BID 5 3. BID BOND 8 4. TARGETED SMALL BUSINESS (TSB)AFFIRMATIVE ACTION RESPONSIBILITIES ON NON-FEDERAL-AID PROJECTS (THIRD-PARTY STATE-ASSISTED PROJECTS) 9 5. GENERAL CONDITIONS OF CONTRACT FOR PURCHASING GOODS 13 6. SPECIAL CONDITIONS OF CONTRACT 20 7. SPECIFICATIONS 21 8. FORM OF CONTRACT 24 1. NOTICE OF PUBLIC HEARING On Proposed Specifications, Form of Contract, and Estimate of Cost and the NOTICE TO BIDDERS for the Taking of Material Bids for the PURCHASING SOLAR RADIO CONTROLLED FLASHING BEACONS TRF-1 48 for the City of Waterloo, Iowa RECEIVING OF BIDS Sealed bids will be received by the City Clerk of the City of Waterloo, Iowa, at her office at City Hall of the said City on the 7th day of July 2008, until 12:00 noon for the PURCHASING SOLAR RADIO CONTROLLED FLASHING BEACONS, as described in detail in the specifications now on file in the office of the City Clerk. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed specifications, form of contract, and estimate of cost for the above-described project at 5:30 p.m. on July 7, 2008, said hearing to be held in the Council Chambers in the City Hall in said City. The proposed specifications, form of contract, and estimate of cost for said project heretofore prepared by the City of Waterloo are now on file in the office of the City Clerk. You may appear and make objections thereto 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. OPENING OF BIDS All bids received will be opened in open council meeting to be held in the Council Chambers in the City Hall of Waterloo, Iowa, on the 7th day of July 2008, at 5:30 p.m., and will be acted upon at that time and place or at such later time and place as may then be fixed. Bids content will be made public for the information of Bidders and others interested who may be present either in person or by representative. COST OF BIDDING The Bidder shall bear all costs associated with the preparation and submission of its bid, and the City of Waterloo, hereinafter referred to as the "City", will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process. AMENDMENT OF BIDDING DOCUMENTS At any time prior to the deadline for submission of bids, the City, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Bidder, may modify the bidding documents by amendment. All prospective Bidders that have received the bidding documents will be notified of the amendment in writing or by facsimile, and will be binding on them. DELIVERY DATE The goods and all related items shall be delivered to the City within 60 Calendar days after receipt of "Notice to Proceed". 2 METHOD OF PAYMENT TO CONTRACTOR The supplier will be paid upon the delivery of goods if delivered as set forth under "DELIVERY DATE" (preceding paragraph). Before final payment is made, lien waivers showing that all suppliers and all persons All payment to the supplier, where cash funds are not available, may be made in warrants as authorized by Iowa code section 384.57. Such warrants not paid upon presentation shall draw interest at the maximum rate of six percent (6%) per annum until paid. SPECIFICATIONS Specifications governing the type, material, and functional requirements of the goods have been prepared by the City. The specifications and also the prior proceedings of the City Council referring to and defining said proposed project are hereby made a part of this notice, and the proposed contract by reference shall be executed in compliance therewith. PREPARATION OF BIDS The Bidder shall submit bids on the items listed in the Schedule of Bid Item Prices. The Bidder shall clearly and legibly write or type the unit price and bid item extension (unit price x estimated quantity) in numerals on the blanks provided. Bids shall be submitted on the forms furnished, or copies thereof, and must be manually signed SUBMISSION OF BIDS Three documents must be submitted: 1. The bid: it must be sealed in its own separate envelope and marked to indicate its contents. 2. The bid security in a separate envelope. 3. Targeted Small Business (TSB) Pre-Bid Contact Information form. All bids must be filed with the City Clerk of the City of Waterloo at her office in the City Hall before the time specified for closing bids. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids and modifications or withdrawals thereof received at the office designated in this Notice to Bidders after the exact time set for closing of bids will not be considered. However, a modification which is received from an otherwise successful Bidder, and which makes the terms of the bid more favorable to the City of Waterloo, will be considered at any time it is received and may therefore be accepted. Telegraphic modifications of bids may be received as provided above, such modifications, if not explicit is subject to misinterpretation, shall make the bid so modified or amended, subject to rejection. AWARD OF CONTRACT Award of contract will be made to that lowest responsible Bidder. The right is reserved to postpone the award of the contract for a period, not exceeding thirty (30) days. The City Council may, when in its interest, reject any or all bids, re-advertise for new bids, and/or waive any informality in bids received. By virtue of statutory authority, a preference will be given to products produced within the State of Iowa. EXECUTION OF AGREEMENT Subsequent to the award, within ten (10) days after the prescribed forms are presented for signature, the successful Bidder shall execute and deliver to the City, an agreement in the form included in the contract documents. The failure of the successful Bidder to execute 3 such agreement within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the City, may grant, based upon reasons determined sufficient by the City, may either award the contract to the next successful Bidder or re- advertise for bids, and may charge against the Bidder the difference between the amount of the bid 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, for a refund. CITY'S RIGHT TO VARY QUANTITIES AT TIME OF AWARD The City reserves the right at the time of contract award to increase or decrease, by twenty percent (20%) quantity of goods originally specified without any change i-i unit price or other terms and conditions. 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 supplying the goods and materials. The bid security may be forfeited if the Bidder withdraws its bid during the period of bid validity, or in the case of a successful Bidder, if the Bidder fails or refuse to sign the contract. 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. LIQUIDATED DAMAGES If the goods are not delivered according to the specified contract dates plus any authorized extensions, the supplier shall pay to the City liquidated damages in the amount of one hundred dollars ($20) per day, in excess of the authorized time to cover costs incurred due to the delay. DELIVERY LOCATION All goods shall be delivered to the City of Waterloo Clerk's office at 715 Mulberry Street in Waterloo, Iowa, 50703. EXPLANATIONS TO BIDDERS Any explanation desired by a Bidder regarding the meaning or interpretation of the Notice to Bidders, specifications, etc., must be requested in writing and with sufficient time allowed for a reply to reach Bidders before submission of their bids. Any interpretation made will be in the form of an amendment of the Notice to Bidders, plans, specifications, etc., and will be acknowledged in the space provided on the proposal form or by letter or telegram received before the time set for opening of bids. Oral explanations or instructions given before the award of the contract will not be binding. CITY OF WATERLOO, IOWA BY: Nancy Eckert City Clerk 4 2. FORM OF BID PURCHASING SOLAR RADIO CONTROLLED FLASHING BEACONS CITY OF WATERLOO, IOWA 1- The undersigned, being a corporation existing under the laws of the state of , a partnership consisting of the following partners: , having familiarized (himself) (herself) (themselves) (itself) with all the conditions affecting the cost of bid items, and with all the contract documents listed in the Table of Contents and Addendums (if any), as prepared by the City of Waterloo, Iowa, hereby proposes to furnish the goods, all in accordance with the above-mentioned documents and for the following unit prices and quantities: SCHEDULE OF PRICES AND BID ITEMS ITEM UNIT EXTENSION NO. DESCRIPTION UNIT QUANTITY COST (Quantity x Unit ($) Cost) SOLAR POWERED RADIO 1 CONTROLLED DOUBLE Each 6 FLASHING BEACONS Total Bid ($): 2- In submitting this bid, the bidder understands that the City of Waterloo, Iowa, reserves the right to reject any or all bids. If written notice of the acceptance of this b d is mailed, telegraphed, or delivered to the undersigned within thirty (30) days after the opening thereof, or at any time thereafter before this bid is withdrawn, the undersigned agree to execute and deliver an agreement in the prescribed form within ten (10) days after the agreement is presented to him/her for signature. 3- Security in the sum of Dollars ($ ) in the form of , is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS. 4- The bidder has studied the attached conceptual design of the project and the Specifications and will provide the equipment that fully and completely satisfy all the required provisions. The bidder is prepared to submit a financial and experience statement upon request. 5- The bidder(s), who has (have) supplied an aggregate of $10,000.00 in materials to the City in the current calendar year, is (are) prepared to submit and AAP or update and an EOC, within ten days of notification that the bid submitted is lowest and acceptable. 6-The bidder has received the following addendum or addenda: Addendum No. Date Form of Bid TRF-148 5 7-The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA". 8- The bidder has attached all applicable forms. 9-The City reserves the right to select alternates, delete line items, and/or reduce quantities prior to the award of a contract. 10- Bids that do not include all required provisions, such as delivery cost will not be accepted. Name of Bidder: By: Title: Date: Official Address (Including Zip Code): - IRS Number: Form of Bid TRF-1 48 6 ----s, ,-'4k",,,,..*--',,*-4:4,';''''4",;.'.;:-;,1:.'4,,!.;3-1K:', , ' r / -, -- 3 * � � fg, .; > I ___,,...L.,,„-:-1.6TA:''''' "-4,-1.-,,,,,,'!;:-,,:-- = , -:‘ ,- 4.,_ , ' ° PREPARE �� " TO STOP , ,�q rj� 91 WHEN FLASHING -.. �.- .a-: - - WEST RIDGEWAY AVE - 11' _ I r N Form of Bid TRF-148 7 3. BID BOND KNOW ALL MEN BY THESE PRESENTS, that we as principal, and as surety we held and firmly bound unto the CITY OF WATERLOO, Iowa. In the penal sum Dollars ($ ) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the principal has submitted the accompanying bid dated the day of 2008, for NOW, THEREFORE, (a) If said bid shall be rejected, or in the alternate. (b) If said bid shall be accepted and the principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said bid, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the city in liquidation of damages sustained in the event that the principal fails to execute the contract and provide the bond as provided in the specifications or by law. The surety, for value received, hereby stipulates and agrees that the obligations of said surety and its bond shall be in no way impaired or affected by any extension of the time within which the city may accept such bid or execute such contract; and said surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the principal and the surety, have hereunto set their hands and seals, and such of them as are corporations, have caused their corporate officers this day of , A.D. 2008. (Seal) Principal By: (Title) Witness (Seal) Surety By: Witness Attorney-In-Fact TRF-148 8 4. TARGETED SMALL BUSINESS (TSB) AFFIRMATIVE ACTION RESPONSIBILITIES ON NON-FEDERAL-AID PROJECTS (THIRD-PARTY STATE- ASSISTED PROJECTS) TSB DEFINITION A TSB is a small business, as defined by Iowa Code Section 15.102(5), which is 51% or more owned, operated and actively managed by one or more women, minority persons or persons with a disability. Generally this is a for-profit small business enterprise under single management, is located in Iowa and has an annual gross income of less than 3 million dollars computed as an average of the three preceding fiscal years. TSB REQUIREMENTS In all State-assisted projects made available through the Iowa Department of Transportation, local governments have certain affirmative action requirements to encourage and increase participation of disadvantaged individuals in business enterprises. These requirements are based on Iowa Code Section 19B.7 and 541 Iowa Administrative Code Chapter 4. These requirements supersede all existing TSB regulations, orders, circulars and administrative requirements. TSB DIRECTORY INFORMATION Available from: Iowa Department of Inspections and Appeals Targeted Small Business Lucas Building Des Moines, IA 50319 Phone: 515-281-7357 Website: www.iowai.net/iowa/dia/tsb THE CONTRACTOR'S TSB POLICY The contractor is expected to promote participation of disadvantaged business enterprises as suppliers, manufactures and subcontractors through a continuous, positive, result-oriented program. Therefore the contractor's TSB policy shall be: It is the policy of this firm that Targeted Small Business (TSB) concerns shall have the maximum practical opportunity to participate in contracts funded with State-assisted funds which are administered by this firm (e.g. suppliers, manufactures and subcontractors). The purpose of our policy is to encourage and increase the TSB participation in contracting opportunities made available by State-assisted programs. CONTRACTOR SHALL APPOINT AN EQUAL EMPLOYMENT OPPORTUNITY (EEO) OFFICER The contractor shall designate a responsible person to serve as TSB officer to fulfill the contractor's affirmative action responsibilities. This person shall have the necessary statistics, funding, authority and responsibility to carry out and enforce the firm's EEO policy. The EEO officer shall be responsible for developing, managing and implementing the program on a day-to-day basis. The officer shall also: A. For current TSB information, contact the Iowa Department of Inspections and Appeals (515-281-7357) to identify potential material suppliers, manufactures and contractors. B. Make every reasonable effort to involve TSBs by soliciting quotations from them and incorporating them into the firm's bid. C. Make every reasonable effort to establish systematic written and verbal contact with those TSBs having the materials or expertise to perform the work to be subcontracted, at least two weeks prior to the time quotations are to be submitted. Maintain complete records of negotiation efforts. D. Provide or arrange for assistance to TSBs in seeking bonding, analyzing plans/specifications or other actions that can be viewed as technical assistance. E. Ensure the scheduled progress payments are made to TSBs as agreed in subcontract agreements. F. Require all subcontractors and material suppliers to comply with all contract equal opportunity and affirmative action provisions. COUNTING TSBs PARTICIPATION ON A PROJECT TSBs are to assume actual and contractual responsibilities for provision of materials/supplies, subcontracted work or other commercially useful function. A. The bidder may count: (1) Planned expenditures for materials/supplies to be obtained from TSB suppliers and manufacturers; or (2) Work to be subcontracted to a TSB; or (3) Any other commercially useful function. B. The contractor may count: (1) 100% of an expenditure to a TSB manufacturer that produces/supplies goods manufactured from raw materials. (2) 60% of an expenditure to TSB suppliers that are not manufacturers; provided the suppliers perform a commercially useful function in the supply process. (3) Only those expenditures to TSBs that perform a commercially useful function in the work of a contract, including those as a subcontractor. (4) Work the Contracting Authority has determined that it involves a commercially useful function. The TSB must have a necessary and useful role in the transaction of a kind for which there is a market outside the context of the TSB program. For example, leasing equipment or purchasing materials from the prime contractor would not count. REQUIRED DATA, DOCUMENTS AND CONTRACT AWARD PROCEDURES FROM BIDDERS/CONTRACTORS FOR PROJECTS WITH ASSIGNED GOALS A. Bidders Bidders who fail to demonstrate reasonable positive efforts may be declared ineligible to be awarded the contract. Bidders shall complete the bidding documents plus a separate form called "TSB Pre-Bid Contact Information". This form includes: (1) Name(s) of the TSB(s) contacted regarding subcontractable items. (2) Date of the contract. (3) Whether or not a TSB bid/quotation was received. (4) Whether or not the TSB's bid/quotation was used. (5) The dollar amount proposed to be subcontracted. B. Contractors Using Quotes From TSBs Use those TSBs whose quotes are listed in the "Quotation Used in Bid" column along with a "yes" indicated on the Pre-bid Contact Information form. C. Contractors NOT Using Quotes From TSBs If there are no TSBs listed on the Pre-bid Contract Information form, then the contractor shall document all efforts made to include TSB participation in this project by documenting the following: (1) What pre-solicitation or pre-bid meetings scheduled by the contracting authority were attended? (2) Which general news circulation, trade associations and/or minority- focused media were advertised concerning the subcontracting opportunities? (3) Were written notices sent to TSBs that TSBs were being solicited and was sufficient time allowed for the TSBs to participate effectively? (4) Were initial solicitations of interested TSBs followed up? (5) Were TSBs provided with adequate information about the plans, specifications and requirements of the contract? (6) Were interested TSBs negotiated with in good faith? If a TSB was rejected as unqualified, was the decision based on an investigation of their capabilities? (7) Were interested TSBs assisted in obtaining bonding, lines of credit or insurance required by the contractor? (8) Were services used of minority community organization, minority contractors groups; local, State and Federal minority business assistance offices or any other organization providing such assistance. The above documentation shall remain in the contractor's files for a period of three (3) years after the completion of the project and be available for examination by the Iowa Department of Inspections and Appeals. POSITIVE EFFORT DOCUMENTATION WHEN NO GOALS ARE ASSIGNED Contractors are also required to make positive efforts in utilizing TSBs on all State-assisted projects which are not assigned goals. Form "TSB Pre-bid Contact Information" is required to be submitted with bids on all projects. If there is no TSB participation, then the contractor shall comply with section 7C. of this document prior to the contract award. Co 7 - E 03 . U) � 2 � Lud m 333 0 � R a Uk § cA / < o = Z22 ƒ¢ I- £ 2 $ z 5 £ / \ $ \ ? / o -, � � O = 7 22 ° 0 / ƒ / 2 / = E 9 ¥ o / k ± 0 2 'e = C » _ D & z = 2 ƒ E 2 .7 ] 0 O ® 2 3 co § ocTo - E -0otw m � E � 7 o c Es � U S o c % y « m @ ƒ Z 0 0 2 k § 0 CI) Z - / < ¥ 0 _ 2 O 2 < Z ¥ ± / 7_ 2 E 2 e c U \ c f m « 2 k g C § 0 - ca u 0 m 2 § E \ f ,) £ § 3 m ± Z0 U \ 2 - \ f O ¥ $ - . . . . _ . , L m ±_ '� % @ ° R ? � / 0 > E ƒ 2 co 0 ° % O _1 ƒ 7 f / 7 2 2 ? $ O ¥ Z < / e �.� E $ § % k q 0 2 2 co ) -co 9 / . c q / / O / E / < < 0 _ ± _ E o m .o w k < oca) § % ƒ 1 / Z 0_ - 7 = = O < O e ® CO E a3 U) a C = L O 00 < ƒ -0 f [ ./ 0 / 3 2 L - f 0 • li "C 0 (D ƒ c E / \ / o 2 < H - I- 3 &® E b § E H 3 > m « m • C o G $ ® k o 0 _ ± £ COC.) I- a.§ = a) .§ @ eE0£ .q _, F £ Eo o 73 ] ® 3 ® a -0 @ .- @ e 2 Q Q a £ ® e t _ £ @ C 0 � k cts E • 1 C o > - § E 0 0 2 0 } - a) E 2 \ ƒ \ = £ R •- 0 = e z I- / co 2 » [ 2 / 0 O ƒ 03tU) / d o_ 3 4 , C § 0, 0 ° E c 0 2 _ E L_m E _ ƒ QE' - § ¥ ( > o > k ± = ja j t # ? E _ o § °a) 2 ° m o _ k / 0 >, ° k k O co o Q J U a_ U O E < 2 0) 1- � 5. GENERAL CONDITIONS OF CONTRACT FOR PURCHASING GOODS City of Waterloo, Iowa 1. Definitions 1.1 In this Contract, the following terms shall be interpreted as indicated: (a) "The Contract" means the agreement entered into between the City of Waterloo, and the Supplier, as recorded in the Contract Form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein. (b) "The Contract Price" means the price payable to the Supplier under the Contract for the full and proper performance of its contractual obligations. (c) "The Goods" means all of the equipment, machinery, and/or other materials, which the Supplier is required to supply to the City under the Contract. (d) "The Services" means those services ancillary to the supply of the Goods, such as transportation and insurance, and any other incidental services, such as installation, commissioning, provision of technical assistance, training, and other such obligations of the Supplier covered under the Contract. (e) "GCC" means the General Conditions of Contract contained in this section. (f) "SCC" means the Special Conditions of Contract. (g) "The City" means the City of Waterloo, Iowa. (h) "The Supplier" means the individual or firm supplying the Goods and Services under this Contract. (i) "The Project Site," where applicable, means the place or places named in SCC. (j) "Day" means calendar day. 2. Application 2.1 These General Conditions shall apply to the extent that they are not superseded by provisions of other parts of the Contract. 3. Standards 3.1 The Goods supplied under this Contract shall conform to they' standards mentioned in the Technical Specifications. 4. Use of 4.1 Any document, other than the Contract itself, enumerated in Contract GCC shall remain the property of the City and shall be returned Documents (all copies) to the City on completion of the Supplier's, and performance under the Contract if so required by the City. Information 5. Patent Rights 5.1 The Supplier shall indemnify the City against all third-party claims of infringement of patent, trademark, or industrial design rights arising from use of the Goods or any part thereof in the City. 6. Performance 6.1 Within thirty (30) days of receipt of the notification of Contract Security award, the successful Bidder shall furnish to the City they General Conditions of Contract TRF-1 48 13 performance security in the amount specified in SCC. 6.2 The proceeds of the performance security shall be payable to the City as compensation for any loss resulting from the Supplier's failure to complete its obligations under the Contract. 6.3 The performance security shall in one of the following forms: (a) a bank guarantee or an irrevocable letter of credit issued by a reputable bank, in the form provided in the bidding documents', or another form acceptable to the City; or (b) a cashier's or certified check or certified share draft. 6.4 The performance security will be discharged by the City and returned to the Supplier not later than thirty (30) days following the date of completion of the Supplier's performance obligations under the Contract, including any warranty obligations, unless otherwise specified in SCC. 7. Inspections 7.1 The City or its representative shall have the right to inspect, and Tests and/or to test the Goods to confirm their conformity to the', Contract specifications at no extra cost to the City. SCC and the Technical Specifications shall specify what inspections and tests', the City requires and where they are to be conducted. The City!, shall notify the Supplier in writing, in a timely manner, of thel, identity of any representatives retained for these purposes. 7.2 The inspections and tests may be conducted on the premises of the Supplier or its subcontractor(s), at point of delivery, and/or at the Goods'final destination. If conducted on the premises of the Supplier or its subcontractor(s), all reasonable facilities and assistance, including access to drawings and production data, shall be furnished to the inspectors at no charge to the City. 7.3 Should any inspected or tested Goods fail to conform to the Specifications, the City may reject the Goods, and the Supplier shall either replace the rejected Goods or make alterations necessary to meet specification requirements free of cost to the City. 7.4 The City's right to inspect, test and, where necessary, reject the Goods after the Goods' arrival to the final destination shall in no way be limited or waived by reason of the Goods having', previously been inspected, tested, and passed by the City or its'. representative prior to the Goods shipment. 7.5 Testing and inspecting under GCC Clause 7 shall not in any way release the Supplier from any warranty or other obligations', under this Contract. 8. Packing 8.1 The Supplier shall provide such packing of the Goods as isll required to prevent their damage or deterioration during transit to their final destination, as indicated in the Contract. The packing shall be sufficient to withstand, without limitation, rough handling during transit and exposure to extreme temperatures, salt and precipitation during transit, and open storage. 8.2 The packing, marking, and documentation within and outside the'. packages shall comply with such special requirements as shall' General Conditions of Contract TRF-148 14 be expressly provided for in the Contract, including additional requirements, if any, specified in SCC, and in any subsequent instructions ordered by the City. 9. Delivery and 9.1 Delivery of the Goods shall be made by the Supplier in Documents accordance with the terms specified in the Notice to Bidders. The details of shipping and/or other documents to be furnished by the Supplier are specified in SCC. 9.3 Documents to be submitted by the Supplier are specified in SCC. 10. Insurance 10.1 The Goods supplied under the Contract shall be fully insured against loss or damage incidental to manufacture or acquisition, transportation, storage, and delivery in the manner specified in, the SCC. 11. Transportation 11.1 The Supplier is required under to deliver the Goods to the location specified in the SCC and bear all the associated costs unless otherwise specified in the SCC. 12. Incidental 12.1 The Supplier may be required to provide any or all of the Services following services, including additional services, if any, specified in SCC: (a) performance or supervision of on-site assembly and/or start-up of the supplied Goods; (b) furnishing of tools required for assembly and/or maintenance of the supplied Goods; (c) furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied Goods; (d) performance or supervision or maintenance and/or repair of the supplied Goods, for a period of time agreed by the parties, provided that this service shall not relieve the Supplier of any warranty obligations under this Contract; and (e) training of the City's personnel, at the Supplier's plant and/or on-site, in assembly, start-up, operation, maintenance, and/or repair of the supplied Goods. 12.2 Prices charged by the Supplier for incidental services, if not included in the Contract Price for the Goods, shall be agreed upon in advance by the parties and shall not exceed the prevailing rates charged to other parties by the Supplier for similar services. 13. Spare Parts 13.1 As specified in SCC, the Supplier may be required to provide any or all of the following materials, notifications, and information pertaining to spare parts manufactured or distributed by the Supplier: (a) such spare parts as the City may elect to purchase from the Supplier, provided that this election shall not relieve the Supplier of any warranty obligations uncle' the Contract; and (b) in the event of termination of production of the spare parts: General Conditions of Contract TRF-148 15 (i) advance notification to the City of the pending', termination, in sufficient time to permit the City tol procure needed requirements; and (ii) following such termination, furnishing at no cost to the City, the blueprints, drawings, and specifications of the spare parts, if requested. 14.Warranty 14.1 The Supplier warrants that the Goods supplied under the'. Contract are new, unused, of the most recent or current models,, and that they incorporate all recent improvements in design and materials unless provided otherwise in the Contract. The Supplier further warrants that all Goods supplied under this Contract shall have no defect, arising from design, materials, or workmanship (except when the design and/or material is, required by the City's specifications) or from any act or omission of the Supplier, that may develop under normal use of the supplied Goods in the conditions prevailing in the country of final destination. 14.2 This warranty shall remain valid for twelve (12) months after the Goods, or any portion thereof as the case may be, have been! delivered to and accepted at the final destination indicated in the Contract unless specified otherwise in SCC. 14.3 The City shall promptly notify the Supplier in writing of any claims arising under this warranty. 14.4 Upon receipt of such notice, the Supplier shall, within the period specified in SCC and with all reasonable speed, repair or', replace the defective Goods or parts thereof, without costs to the', City. 14.5 If the Supplier, having been notified, fails to remedy the defect(s) within the period specified in SCC, the City may proceed to take such remedial action as may be necessary, at the Supplier's risk and expense and without prejudice to any other rights which the; City may have against the Supplier under the Contract. 15. Payment 15.1 The method and conditions of payment to be made to the' Supplier under this Contract shall be specified in SCC. 15.2 The Supplier's request(s) for payment shall be made to the City in writing, accompanied by an invoice describing, as appropriate, the Goods delivered and Services performed, and by documents submitted pursuant to GCC Clauses, and upon fulfillment of other obligations stipulated in the Contract. 16. Prices 16.1 Prices charged by the Supplier for Goods delivered and' Services performed under the Contract shall not vary from the prices quoted by the Supplier in its bid, with the exception of any price adjustments authorized in SCC or in the City's request for bid validity extension, as the case may be. 17. Change 17.1 The City may at any time, by a written order given to the', Orders Supplier pursuant to GCC Clauses, make changes within the', general scope of the Contract in any one or more of the following: General Conditions of Contract TRF-148 16 (a) drawings, designs, or specifications, where Goods to be furnished under the Contract are to be specifically manufactured for the City; (b) the method of shipment or packing; (c) the place of delivery; and/or (d) the Services to be provided by the Supplier. 17.2 If any such change causes an increase or decrease in the cost of, or the time required for, the Supplier's performance of any provisions under the Contract, an equitable adjustment shall be made in the Contract Price or delivery schedule, or both, and the Contract shall accordingly be amended. Any claims by the Supplier for adjustment under this clause must be asserted', within thirty (30) days from the date of the Supplier's receipt ofl the City's change order. 18. Contract 18.1 Subject to GCC Clauses, no variation in or modification of they Amendments terms of the Contract shall be made except by written amendment signed by the parties. 19.Assignment 19.1 The Supplier shall not assign, in whole or in part, its obligations to perform under this Contract, except with the City's prior written consent. 20. Subcontracts 20.1 The Supplier shall notify the City in writing of all subcontracts'. awarded under this Contract if not already specified in the bid. Such notification, in the original bid or later, shall not relieve the Supplier from any liability or obligation under the Contract. 20.2 Subcontracts must comply with the provisions of GCC Clauses. 21. Delays in the 21.1 Delivery of the Goods and performance of Services shall be Supplier's made by the Supplier in accordance with the time schedule Performance prescribed by the City in the Notice to Bidders. 21.2 If at any time during performance of the Contract, the Supplier or its subcontractor(s) should encounter conditions impeding timely', delivery of the Goods and performance of Services, the Supplier shall promptly notify the City in writing of the fact of the delay, its', likely duration and its cause(s). As soon as practicable after) receipt of the Supplier's notice, the City shall evaluate the', situation and may at its discretion extend the Supplier's time fore, performance, with or without liquidated damages, in which case), the extension shall be ratified by the parties by amendment of, Contract. 21.3 Except as provided under GCC Clause 24, a delay by thee, Supplier in the performance of its delivery obligations shalli render the Supplier liable to the imposition of liquidated' damages pursuant to GCC Clause 22, unless an extension of, time is agreed upon pursuant to GCC Clause 22.2 without the application of liquidated damages. 22. Liquidated 22.1 Subject to GCC Clause 24, if the Supplier fails to deliver any or, Damages all of the Goods or to perform the Services within the period(s)1 specified in the Contract, the City shall, without prejudice to its', General Conditions of Contract TRF-148 17 other remedies under the Contract, deduct from the Contract', Price, as liquidated damages, a sum as specified in the SCC for each week or part thereof of delay until actual delivery or performance, up to a maximum delay specified in the SCC. Once the maximum is reached, the City may consider termination of the Contract pursuant to the GCC Clause 23. 23. Termination 23.1 The City, without prejudice to any other remedy for breach of for Default Contract, by written notice of default sent to the Supplier, may terminate this Contract in whole or in part: (a) if the Supplier fails to deliver any or all of the Goods within the period(s) specified in the Contract, or within any extension thereof granted by the City pursuant to GCC, Clause 21; or (b) if the Supplier fails to perform any other obligation(s) under the Contract. 23.2 In the event the City terminates the Contract in whole or in part, pursuant to GCC Clause 23.1, the City may procure, upon such terms and in such manner as it deems appropriate, Goods or Services similar to those undelivered, and the Supplier shall be liable to the City for any excess costs for such similar Goods or Services. However, the Supplier shall continue performance of the Contract to the extent not terminated. 24. Force Majeure 24.1 Notwithstanding the provisions of GCC Clauses 21, 22, and 23, the Supplier shall not be liable for forfeiture of its performance security, liquidated damages, or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure. 24.2 For purposes of this clause, "Force Majeure" means an event beyond the control of the Supplier and not involving the Supplier's fault or negligence and not foreseeable. Such events may include, but are not restricted to, acts of the City in its sovereign capacity, wars, fires, floods, and epidemics. 24.3 If a Force Majeure situation arises, the Supplier shall promptly notify the City in writing of such condition and the cause thereof. Unless otherwise directed by the City in writing, the Supplier shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event. 25. Termination 25.1 The City may at any time terminate the Contract by giving for Insolvency written notice to the Supplier if the Supplier becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the Supplier, provided that such termination will not prejudice or affect any right of action or remedy, which has accrued or will accrue thereafter to the City. 26. Termination 26.1 The City, by written notice sent to the Supplier, may terminate for the Contract, in whole or in part, at any time for its convenience. General Conditions of Contract TRF-148 18 Convenience The notice of termination shall specify that termination is for the' City's convenience, the extent to which performance of the Supplier under the Contract is terminated, and the date upon which such termination becomes effective. 26.2 The Goods that are complete and ready for shipment within thirty (30) days after the Supplier's receipt of notice of termination shall be accepted by the City at the Contract terms and prices. For the remaining Goods, the City may elect: (a) to have any portion completed and delivered at the Contract terms and prices; and/or (b) to cancel the remainder and pay to the Supplier an agreed; amount for partially completed Goods and Services and for'' materials and parts previously procured by the Supplier. 27. Settlement of 27.1 If any dispute or difference of any kind whatsoever shall arise Disputes between the City and the Supplier in connection with or arising out of the Contract, the parties shall proceed in accordance with) the rules of procedure specified in the SCC. 27.3 Notwithstanding any reference to the SCC herein, (a) the parties shall continue to perform their respective obligations under the Contract unless they otherwise agree; and (b) the City shall pay the Supplier any monies due the Supplier. 8. Notices 28.1 Any notice given by one party to the other pursuant to this Contract shall be sent to the other party in writing or by cable, telex, or facsimile and confirmed in writing to the other party's address specified in the SCC. 28.2 A notice shall be effective when delivered or on the notice's effective date, whichever is later. 29. Taxes and 29.1 Supplier shall be entirely responsible for all taxes, duties, license. Duties fees, etc., incurred until delivery of the contracted Goods to the City. General Conditions of Contract TRF-148 19 6. SPECIAL CONDITIONS OF CONTRACT PURCHASING SOLAR RADIO CONTROLLED FLASHING BEACONS TRF-148 City of Waterloo, Iowa 11. Project PURCHASING SOLAR RADIO CONTROLLED FLASHING Description BEACONS 2. Project Location City of Waterloo, Iowa 3. City's Address City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703. 4. Performance NONE Security 5. Inspections and Catalogue cuts shall be sent to and be approved by the Tests WTOD prior to shipment. 6. Packing NONE 7. Delivery and Delivery shall be made within sixty days of bid award notification. Documents Instructions for installation, maintenance and trouble shooting shall accompany the shipment. 8. Insurance All insurance cost to deliver the Goods to their final destination in an acceptable condition are the Supplier's responsibility. 9.Transportation Goods shall be transported and delivered during working hours to the following address: Traffic Operations Department 408 E. 6th Street Waterloo, Iowa 50703. Contractor shall contact Traffic Operations Department (319-291- 4440) prior to any shipment for delivery coordination. 10. Incidental The supplier shall arrange for helping in commissioning of the Services flashing beacons. 11. Spare Parts NONE. 12. Warranty The Warranty for the goods is two years. The Supplier shall, within eight weeks repair or replace the defective Goods or parts thereof, without costs to the City. 13. Payment As specified in the Notice to Bidders. it 14. Adjustment in NONE Prices 15. Liquidated As specified in the Notice to Bidders. Maximum delay is 30 days. Damages 16. Settlement of Normal procedures. Disputes Special Conditions of Contract TRF-148 20 7. SPECIFICATIONS INDEX 1. SCOPE 21 2. DEFINITIONS 21 3. RELATED SPECIFICATIONS AND STANDARDS 21 4. ASSEBLY 22 5. VEHICULAR SIGNAL HEADS 22 6. MOUNTING HARDWARE 23 7. WIRELESS COMMUNICATIONS 23 8. POWER SUPPLY 23 SCOPE 1. All material and equipment shall be in accordance with the appropriate Iowa DOT standard and this 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. DEFINITIONS 2. Terms used in this Specifications shall have the meanings defined in paragraphs b to i below. 3. IDOT means the Iowa Department of Transportation. 4. City means City of Waterloo, Iowa or its representatives. 5. WTOD means City of Waterloo Traffic Operations Department. 6. 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. 7. 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. 8. Contractor means the successful bidder who is supplying the equipment and/or his/her representatives. 9. LED means light emitting diode. 10. Assembly: Means the combination of flashing beacons, radio communications, control mechanism both in place and inside the cabinet, rechargeable batteries, solar panels, housings, and mounting hardware to provide for a complete system which can be remotely and automatically controlled from the signal control cabinet. RELATED SPECIFICATIONS AND STANDARDS 11. The contractor shall comply with all of the standards listed in paragraphs b to m 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. 12. ITE (Institute of Transportation Engineers) Standards. 13. 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. 14. Specifications of the Underwriters Laboratories, Inc. Specification TRF-148 21 15. National Electrical Code. 16. National Electrical Safety Code. 17. MUTCD - Iowa Manual on Uniform Traffic Control Devices. 18. NEMA (National Electrical Manufacturers Association) standards. 19. ASTM (American Society for Testing Materials) standards. 20. ANSI (American National Standards Institute) standards. 21. IMSA (International Municipal Signal Association) standards. 22. Local Ordinances. 23. All pertinent state and federal laws and regulations covering material, design, construction, and operation. ASSEBLY 24. Beacons will be placed on top of signs by others. There are six "be prepared to stop when flashing" signs (signs are NOT part of this bid). Two beacons will be assembled on each sign. The flashing beacons shall come in an assembly with the radio works, contact closures, rechargeable batteries, and solar panel and recharging system. If separate pieces are provided they shall be easily assemble and shall require no special tools. 25. The assembly shall come with the appropriate mounting bracket or extension for mounting. 26. Two units (four beacons) shall correspond to four NEMA phases of 2, 6, 4, & 8. 27. Enclosures shall be weatherized water and dust proof. 28. Shall be capable of being deployed in outdoor temperature range of -27.5° to 140° Fahrenheit, and Max 95% relative humidity (non-condensing). VEHICULAR SIGNAL HEADS 29. Signal indications shall be 12" in diameter. 30. The signal heads shall be sectional in construction requiring one section for each light indication. 31. All traffic signal light sources shall be LED. LED and LED assemblies shall meet and exceed all pertinent NEMA, IEEE, and ITE standards. 32. Signal heads lenses can be made of glass or ultraviolet (UV) stabilized synthetic materials. Non-polycarbonate synthetic lenses shall meet the ITE color standards and 31/2 foot drop test. Lenses should have a smooth outer surface and shall be free of bubbles, flaws and imperfections. Lenses shall be capable of withstanding ultraviolet exposure from direct sunlight for a minimum period of 36 months without exhibiting evidence of deterioration. Lenses may be tinted or may use transparent film or materials with similar characteristics to enhance "ON/OFF" contrasts. The use of tinting or other materials to enhance "ON/OFF" contrast shall not affect chromaticity and shall be uniform across the face of the lens. If a polymeric lens is used, a surface coating or chemical surface treatment shall be used to provide front surface abrasion resistance. 33. The housing for the individual sections shall be made of either die-cast aluminum or poly carbonate material. The top and bottom of each section shall have an integral locking ring with separations to permit rotation of the signal head in five- degree increments. 34. One section of a three or more section assembly shall be equipped with terminal block for termination of field wiring. 35. Each lens shall have a visor designed to shield each lens. Aluminum tunnel visors shall have a minimum thickness of 0.05" and be painted flat black. 36. The lamp socket shall be equipped with color-coded wire, red, yellow, or green, depending upon the lens color of the section. Specification TRF-148 22 37. The socket wires shall be a minimum of twenty-six inches (26") long, composed of wire with insulation designated to withstand one hundred f ve degrees (105°) centigrade. The wiring leads shall be terminated with spade lugs for ease of connection to terminal block. The socket shall be equipped with a gasket to insure a dust-tight fit. 38. Flashing rate shall be easily adjustable. 39. All screws, latching bolts and hinge pins shall be according to manufacturers' recommendations. MOUNTING HARDWARE 40. Signals shall be provided with mechanisms for mounting, as well as all other hardware necessary to completely mount the signals. Plumbizers are not acceptable unless they are specifically called for on the plans. If plumbizers are provided the openings in the top and bottom of traffic signal sections shall be plugged. All openings not used shall be plugged with a metal octagonal signal closure cap. No plastic devices of any type will be allowed. 41. Top and bottom brackets will be required for all pole mounted signal heads unless otherwise the Assembly comes with its own special mounting hardware. All mounting brackets should be stainless steel. WIRELESS COMMUNICATIONS 42. Wireless technology shall utilized non-licensed bandwidth. 43. Shall come with remote antennas and all the necessary compcnents. 44. Support for both local and remote management 45. Shall be near line of sight capable. 46. Shall be protected from outside, non-NEMA controller, interferences. POWER SUPPLY a. The units shall be solar powered with rechargeable batteries. b. Rechargeable batteries shall have a minimum of two year warranty. c. The Assembly shall work un-interrupted regardless of the weather and the installation location's ambient lighting conditions. Specification TRF-148 23 8. FORM OF CONTRACT PURCHASING SOLAR RADIO CONTROLLED FLASHING BEACONS TRF-148 CITY OF WATERLOO, IOWA This contract is made and entered into this day of , 2008 , by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and of (city and state) (hereinafter referred to as Supplier), WITNESSETH: PAR.1 Supplier agrees to provide the solar powered radio controlled contact closure flashing beacons, including all the necessary material and equipment such as mounting hardware, project number TRF-148 as called for in the Specifications for the prices set forth in supplier's bid, which is understood and agreed to be a part of this contract. PAR. 2 It is understood and agreed that the Notice to Bidders, the Form of Bid, General Conditions of Contract, Special Conditions of Contract and the Specifications shall all be considered as forming a part of the contract the same as through they were each set out in said contract. PAR. 3 The supplier agrees to furnish at its own cost and expense, all goods in strict accordance with the requirements of this contract, and of the specifications made a part hereof by reference, and to the satisfaction and approval of the city and it's engineer. PAR 4. The supplier agrees to provide the goods according to the delivery dates set in the Notice to Bidders. PAR 5. Should the supplier fail to provide said goods in strict accordance with the terms and conditions of this contract, or the specifications herein promptly by the date specified, the City may pay such additional sums as it may be required by reason of the failure of said supplier and deduct all such sums from the amount then due the supplier. PAR. 6 The supplier agrees to pay punctually all just claims of labor, material, or subcontractors in relation to supplying of these goods. It is agreed that the city need not pay the supplier until the supplier pays all such claims. It is agreed that the city shall not be liable for said labor or material under this contract. PAR. 7 In consideration of the full compliance on the part of the supplier with all the provisions, stipulations, and conditions hereof, or contained in the various Contract TRF-148 24 instruments made a part of this contract by reference, and upon delivery and acceptance of said goods, the city agrees to pay to the supplier, in the manner set out in the Notice to Bidder, the amount of money due the supplier for goods delivered and accepted, at the unit prices set out in the supplier's bid, which has been accepted by the city. PAR. 8 The total amount of the contract, based on the quantities and the supplier's unit bid prices is $ . PAR. 9 This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. City of Waterloo Supplier Contract TRF-148 25