HomeMy WebLinkAboutCONTRACT DOCUMENTS - PROJECT CS-TSF-8155(702)--85-07 CONTRACT DOCUMENTS
PURCHASING TRAFFIC SIGNAL POLES
Easton & Hammond
Traffic Safety Improvements
WATERLOO, IOWA
IOWA DOT PROJECT NUMBER CS-TSF-8155(702)--85-07
TABLE OF CONTENTS
I- FORM OF BID OR PROPOSAL 1-3
II- BID BOND II-1
III- TARGETED SMALL BUSINESS (TSB) AFFIRMATIVE ACTION
RESPONSIBILITIES ON NON-FEDERAL-AID PROJECTS (THIRD-PARTY
STATE-ASSISTED PROJECTS) III-1
IV- STATEMENT OF BIDDERS QUALIFICATIONS IV-1
V- SPECIFICATIONS V-1
VI- GENERAL CONDITIONS OF CONTRACT VI-3
VII- SPECIAL CONDITIONS OF CONTRACT VII-1
VIII-FORM OF CONTRACT VIII-1
1
I- FORM OF BID OR PROPOSAL
PURCHASING TRAFFIC SIGNAL POLES
Easton & Hammond Traffic Safety Improvements
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) (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), hereby proposes to furnish all supervision, technical personnel, labor,
materials, machinery, tools, appurtenances, equipment, and services, including utility
and transportation services required to supply and deliver the mast arm poles for Easton
& Hammond Traffic Safety Improvements, all in accordance with the above-listed
documents and for the unit prices for the following items and quantities:
Easton & Hammond Intersection Traffic Safety Improvements
BID POLE DESCRIPTION UNIT EST. UNIT BID TOTAL ITEM
ITEM PRICE PRICE
QTY.
1 P1 21 FT ARM, SIGNAL MAST ARM
POLE WITH 18' LUMINAIRE EXT EA 1
2 P2 21 FT ARM, SIGNAL MAST ARM EA 2
POLE
3 P3 30 FT ARM, SIGNAL MAST ARM
POLE EA 1
TOTAL BID PRICE (NUMERAL): $
TOTAL BID PRICE (WRITING): DOLLARS
NOTES ON BID ITEMS:
SEE DRAWINGS FOR POLE LENGTHS.
LUMINAIRE ARM SHOULD BE TUBULAR AND SHOULD RAISE THE LUMINAIRE 3' -0" TO
ATTAIN A MINIMUM TOTAL MOUNTING HEIGHT OF ABOUT 35' -0" (2' BASE+ 30'
POLE+ 3' RISE) .
POLES SHALL ALLOW FOR ADDITION OR REMOVAL OF THE LUMINAIRE RISER TUBE.
APPROPRIATE TRANSFORMER BASES, ANCHOR BOLTS, AND SIGN MOUNTING BRACKETS
SHALL BE INCLUDED. TRANSFORMER BASES SHALL BE CLEARLY MARKED TO INDICATE
THE POLE THEY BELONG TO.
FORM OF BID PAGE 1-3
2. The bidder understands that in case of difference between the standard
specifications and the plans, information on the plans shall govern.
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, emaileded, 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 within
ten (10) days, 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. The bidder shall list the TSB sub-supplier(s), amount of goods and bid items on
the State TSB Pre-bid Contact Information Form submitted with this Form of Bid or
Proposal.
6. 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 1-4
II- 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 , 2009, enter into a written
contract with the City of Waterloo, Iowa, for SUPPLYING TRAFFIC SIGNAL GOODS
HAMMOND AND EASTON TRAFFIC SAFETY IMPROVEMENTS, 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.
PAGE I I-1
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
PAGE 11-2
III- TARGETED SMALL BUSINESS (TSB) AFFIRMATIVE ACTION
RESPONSIBILITIES ON NON-FEDERAL-AID PROJECTS (THIRD-PARTY
STATE-ASSISTED PROJECTS)
A. 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.
B. 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.
C. 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
D. 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.
E. 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
TSB PAGE III-1
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.
F. 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
TSB PAGE III-2
example, leasing equipment or purchasing materials from the prime contractor
would not count.
G. 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.
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?
TSB PAGE III-3
(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 contractors 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.
H. 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.
TSB PAGE III-4
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IV- 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.
PAGE 1V-1
11. List your major equipment available for this contract.
12. Experience in construction work similar in importance to this project.
13. Background and experience of the principal members of your organization,
including the officers.
14. Credit available: $ .
15. Give bank reference: .
16. Will you, upon request, fill out a detailed financial statement and furnish any
other information that may be required by the City of Waterloo, Iowa?
17. The undersigned hereby authorizes and requests any person, firm, or
corporation to furnish any information requested by the City of Waterloo, Iowa, in
verification of the recitals comprising this Statement of Bidder's Qualifications.
Dated at , this day of
, 200 .
(Name of Bidder)
By:
Title:
State of )
) ss:
PAGE IV-2
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 .
PAGE IV-1
V- SPECIFICATIONS
GALVANIZED STEEL SUPPORT POLE AND MAST ARM
HAMMOND & EASTON
WATERLOO, IOWA
I. RELATED SPECIFICATIONS AND STANDARDS
The supplier shall comply with all of the standards listed in paragraphs b to f below.
Iowa Department of Transportation Standard Specifications for Highway and
Bridge Construction, and all current Supplemental Specifications in particular
Section 2404: Reinforcements; Section 2408: Steel Structures; Section 2423:
Supplemental Standards for Highway Signs, Luminaires, and Traffic Signals;
Section 4187: Material for Support Structures.
Specifications of the Underwriters Laboratories, Inc.
ASTM (American Society for Testing Materials) standards.
ANSI (American National Standards Institute) standards.
All pertinent state and federal laws and regulations covering material and design.
J. GALVANIZED STEEL SUPPORTS
The sign mast arms and support poles shall be continuous steel poles of the anchor base
type. The pole shall be fabricated from low carbon (maximum carbon 0.30%) steel of U.S.
Standard Gauge and shall be manufactured from steel sheet with one contiguous welded
vertical seam.
After manufactured, they shall have a minimum yield strength of 48,000 psi. The
base shall be of heavy cast or rolled steel attached to the lower end of the shaft by
a continuous weld on both the inside and outside of the shaft. The diameter of the
bolt circle shall be as specified by the manufacturer.
Welding and fabrication shall conform to the Structural Welding Code AWS, as
modified by ASSHTO Standard Specifications for Welding of Structural Steel
Highway Bridges.
The pole shall be designed to support the signs and all the static and dynamic
loads such as wind loads as required in the Specifications and Standards.
The mast arms and poles shall be supplied with all necessary hardware, such as
base-plates, shims, and anchor bolts, etc., to provide for a complete installation
without additional parts.
Galvanization of the pole and mast arms shall be in accordance with the latest
revision of A.S.T.M. A123. All hardware shall be of hot dipped galvanized steel in
PAGE V-1
accordance with the latest revision of A.S.T.M. A123. All mast arms and support
poles shall be galvanized steel and shall be in conformance with DOT
Specification 2525.
All supports shall contain the anchor bolts. The anchor bolts shall be constructed
from A36 steel with minimum yield strength of 50,000 psi. The ancho- bolts shall be
hot dipped galvanized for a minimum of 12" on the threaded end and shall be
threaded a minimum of 6" at one end and have a 4" long, 90° bend at the other
end.
Certification. The fabricator shall certify that the mast arms are capable of
withstanding winds of at least 100 mph without failure; that only certified welding
operators in accordance with AWS D1 .1-75 or latest revisions were used; and that
only electrodes as modified by the current version of AASHTO Standard
Specifications for Welding of Structural Steel for Highway Bridges were used.
PAGE V-2
City of Waterloo, Iowa
VI- GENERAL CONDITIONS OF CONTRACT
For Purchasing Traffic Signal Goods
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.
U) "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 the
standards mentioned in the Technical Specifications.
PAGE VI-3
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 (all
Documents copies) to the City on completion of the Supplier's performance
and 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
arisin• 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 the performance
security in the amount specified in SCC.
6.2The 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.
6.3The 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
obli ations, 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 the 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
ins•ectors at no charge to the City.
PAGE VI-4
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
obli•ations under this Contract.
8. Packing 8.1 The Supplier shall provide such packing of the Goods as is
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 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 Contract 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
PAGE VI-5
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 under the Contract; and
(b) in the event of termination of production of the spare
parts:
(i) advance notification to the City of the pending
termination, in sufficient time to permit the City to procure
needed requirements; and
(ii) following such termination, furnishing at no cost to the
City, the blueprints, drawings, and specifications of the spare
•arts, 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
PAGE VI-6
1
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 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:
(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.
PAGE VI-7
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 of the City's change order.
18. Contract 18.1 Subject to GCC Clauses, no variation in or modification of the
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 for 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
the Supplier in the performance of its delivery obligations shall
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
a•plication of liquidated damages.
22. Liquidated 22.1 Subject to GCC Clause 24, if the Supplier fai.s to deliver any
Damages or all of the Goods or to perform the Services within the period(s)
specified in the Contract, the City shall, without prejudice to its other
PAGE VI-8
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.
PAGE VI-9
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
Convenience the Contract, in whole or in part, at any time for its 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.
28. 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.
PAGE VI-10
City of Waterloo, Iowa
VII- SPECIAL CONDITIONS OF CONTRACT
PURCHASING TRAFFIC SIGNAL GOODS
Hammond & Easton
1. Project ,Purchasing Traffic signal equipment and material.
Description
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 As per Contract Documents
Tests
6. Packing As per Contract Documents
7. Delivery and As per Contract Documents
Documents
8. Insurance All insurance cost to deliver the Goods to their final destination in a
acceptable condition are the Supplier's responsibility.
9. Transportation Goods shall be transported and delivered to:
City of Waterloo Traffic Operations Department
408 E. 6th Street
Waterloo, Iowa 50703.
Call 319-291-4440 two working days in advance to arrange
delivery.
10. Incidental NONE.
Services
11. Spare Parts NONE.
12.Warranty As per Contract Documents.
13. Payment As specified in the Notice to Bidders.
14.Adjustment in NONE
Prices
15. Liquidated As specified in the Notice to Bidders. Maximum delay is 30 days.
Damages
PAGE VII-1
16. Settlement of Normal procedures.
Disputes
PAGE VII-2
VIII- FORM OF CONTRACT
PURCHASING TRAFFIC SIGNAL POLES FOR
HAMMOND & EASTON
TRAFFIC SAFETY IMPROVEMENTS
CITY OF WATERLOO, IOWA
This contract is made and entered into this day of _, 2009 , 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 TRAFFIC SIGNAL GOODS FOR HAMMOND &
EASTON INTERSECTION as called for in the specifications in a workmanshiplike
manner and for the prices set forth in supplier's bid, 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 purchase of the goods, the Notice to Bidders as published, the
Form of Proposal, the council proceedings relating to this matter, 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 to pay 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 all such claims are paid by the supplier. It is
FORM OF CONTRACT PAGE VIII-1
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 apart of the supplier with all the
provisions, stipulations, and conditions hereof, or contained in the various
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 required 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, IOWA
City Clerk Mayor
Supplier
BY:
TITLE:
Approved by the City Council of the City of Waterloo, Iowa, this day of
, 2009.
ATTEST: , City Clerk
FORM OF CONTRACT PAGE VIII-2