HomeMy WebLinkAboutPROJECT PLAN ACOM
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Project Manual for the Construction of:
FY 2011
Carnegie Annex Parking Lot Repair
CITY OF WATERLOO
CITY CONTRACT NO. 800
Prepared For:
City Of Waterloo
715 Mulberry Street
Waterloo, Iowa 50703
Prepared By:
AECOM
501 Sycamore Street, Suite 222
P.O. Box 1497
Waterloo, Iowa 50704-1497
October 2010
I hereby certify that this engineering document was prepared by me or
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Pages or sheets covered by this seal:
Per Table of Contents
Date Issued:
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FY 2011
CARNEGIE ANNEX PARKING LOT REPAIR
CITY OF WATERLOO
CITY CONTRACT NO. 800
WATERLOO, IOWA
OWNER: CITY OF WATERLOO
MAYOR: ERNEST G. CLARK
ENGINEER: AECOM
Waterloo, Iowa
319-232-6531
Fax: 319-232-0271
BID DUE DATE: October 18, 2010
4:00 P.M.
OFFICE OF CITY CLERK
CITY HALL
WATERLOO, IOWA
FY 2011
CARNEGIE ANNEX PARKING LOT REPAIR
CITY OF WATERLOO
CITY CONTRACT NO. 800
CONTRACT DOCUMENTS
TABLE OF CONTENTS
Page
1. NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS NPBH-1 to NPBH-4
°- 2. INSTRUCTIONS TO BIDDERS IB-1 -9
3. FORM OF BID OR PROPOSAL BP-1 - 3
4. SALES TAX EXEMPTION INFORMATION FORM STE-1
5. FORM OF BID BOND BB-1
6. NON-COLLUSION AFFIDAVITS NCA-1 -2
7. EQUAL OPPORTUNITY CLAUSE EO-1 - 2
8. RECIPROCAL RESIDENT BIDDER PREFERENCE AND
RESIDENT BIDDER CERTIFICATION R-1 -2
9. AFFIRMATIVE ACTION PROGRAM 1-9
10. POTENTIAL ITEMS OF WORK FOR MBE/WBE PARTICIPATION M-1
SUBCONTRACTOR'S BID REQUEST FORM M-2
LETTER FORM FOR SUBCONTRACTOR QUOTES M-3
MBE/WBE SCOPE LETTER M-4
-� MBE AND/OR WBE PREBID CONTACT INFORMATION FORM M-5-6
11. CERTIFIED MBE/WBE CONTRACTORS -CITY OF WATERLOO 1-5
v
12. STATEMENT OF BIDDER'S QUALIFICATIONS SB-1 - 2
13. GENERAL SPECIAL PROVISIONS GSP-1 -4
14. SPECIAL PROVISIONS SP-1 -2
Section 100 Earthwork 100-1 - 2
Section 101 Pavement 101-1 - 2
Section 102 Removals, As Per Plan 102-1
Section 103 Cast-in-Place Concrete 103-1 -2
Section 104 Removal of Pavement 104-1
Section 105 Safety Closure 105-1
Section 106 Pavement Markings 106-1
15. GENERAL SPECIFICATIONS FOR CONSTRUCTION GS-1 - 15
16. SUPPLEMENTAL GENERAL SPECIFICATIONS
FOR CONSTRUCTION SGS-1
17. FORM OF CONTRACT C-1 -4
18. FORM OF PERFORMANCE BOND PFB-1 - PFB-2
19. FORM OF PAYMENT BOND PB-1 - PB-2
END OF TABLE OF CONTENTS
FY 2011,Carnegie Annex Parking Lot Repair Page 1 of 1
City Contract No. 800 60163862
NOTICE OF PUBLIC HEARING
—y On Proposed Plans, Specifications, Form of Contract,
And Estimate of Cost and the
_ NOTICE TO BIDDERS
For the Taking of Construction Bids
For the
FY2011
CARNEGIE ANNEX PARKING LOT REPAIR
CITY CONTRACT NO. 800
In the City of Waterloo, Iowa
RECEIVING OF BIDS
Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City
Hall of the said City on the 18th day of October , 2010 until 4:00 p.m. for the construction of
the FY 2011, CARNEGIE ANNEX PARKING LOT REPAIR, CITY CONTRACT NO. 800, as described in
detail in the plans and specifications now on file in the Office of the City Clerk.
OPENING OF BIDS
All proposals received will be opened in open Council meeting to be held in the Council Chambers in the
City Hall in the City of Waterloo, Iowa, on the 18th day of October , 2010, at 5:30 p.m. , and
the proposals will be acted upon at such later time and place as may then be fixed.
PUBLIC HEARING
Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans,
specifications, form of contract, and estimate of cost for the construction of the above-described
improvement project at 5:30 p.m. on the 18th day of October , 2010, said hearing to be held
in the Council Chambers in the City Hall in said City. The proposed plans, specifications, form of contract,
and estimate of cost for said improvements heretofore prepared by AECOM are now on file in the office of
the City Clerk for public examination, and any person interested therein may file written objection thereto
with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City
Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set
forth.
SCOPE OF WORK
The scope of the work involved is the removal of existing columns, beams and floor slab of an existing
basement, construction of a concrete retaining wall, backfill of old basement area, concrete surfacing and
other incidental items for the FY 2011, CARNEGIE ANNEX PARKING LOT REPAIR, CITY CONTRACT
NO. 800, in Waterloo, Iowa.
BEGINNING AND COMPLETION DATES
The work under the proposed contract shall be commenced within ten (10) working days after receipt of
"Notice to Proceed" and all items shall be completed on or before November 24, 2010 .
METHOD OF PAYMENT TO CONTRACTOR
The Contractor will be paid against bi-monthly estimates in cash on the basis of ninety-five percent(95%)
of the work as it is completed and materials delivered and work approved. Final payment will be made
thirty-one (31) days after completion of the work and acceptance by the Council. Before final payment is
made, vouchers showing that all subcontractors and workmen and all persons furnishing materials have
been fully paid for such materials and labor will be required unless the City is satisfied that material, men
.._ and laborers have been paid.
FY 2011,Carnegie Annex Parking Lot Repair NPBH-1 Page 1 of 4
City Contract No.800 60163862
The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay
estimates, according to Chapter 384.57 of the Code of Iowa, payment may be made by anticipatory
warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A, Code of Iowa.
PLANS AND SPECIFICATIONS
Plans and Specifications governing the construction of the proposed improvements have been prepared
by AECOM, which plans and specifications and also the prior proceedings of the City Council referring to
and defining said proposed improvements are hereby made a part of this notice, and the proposed
contract by reference shall be executed in compliance therewith.
Plans and Specifications are available from the City Engineer upon the City's receipt of a $25.00
refundable deposit. Deposits will be refunded if the plans are returned in usable condition (i.e., free of
highlights, ink markings, tears, stickers, water stains and soiling)to the Engineer's Office by the end of the
14 h consecutive day after the project has been awarded. No deposits will be refunded for any plans
received after the 14th consecutive day, which includes plans returned via mail service. Plan holders are
responsible for ascertaining when the project has been awarded.
This deposit policy shall also apply to the prime contractor awarded the project for all plans and
specifications obtained and distributed by the prime contractor to their subcontractors and suppliers in
determining the prime contractor's bid, if the prime contractor wishes for their deposit to be returned.
Upon award of project, the prime contractor shall be supplied with the needed number of plans and
specifications at no additional cost.
CONTRACT AWARD
A contract will be awarded to the qualified bidder submitting the lowest bid.
The City reserves the right to reject any or all bids, re-advertise for new bids, and to waive informalities in
the bids submitted that might be in the best interest of the City.
Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty(30) days from the day of
the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders,
prior to awarding the contract.
By virtue of statutory authority, a preference will be given to products and provisions grown and coal
produced with the State of Iowa and preference will be given to local domestic labor in the construction of
the improvement.
PROPOSALS SUBMITTED
The bidder shall submit bids on the items listed in the proposal. The bidder shall clearly write or type the
unit bid price and the bid item extension (Unit Price x Estimated Qty) in numerals on the blanks provided.
Should there be any discrepancy between the unit bid price and extension, the City of Waterloo shall
consider the unit bid price as being the valid unit bid price.
The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of the Form
of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid
Price, Total Bid Price and Total Bid. The computer-generated spreadsheet shall include all of the
information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime
Contractor submitting the bid. For the bidders who submit a computer-generated spreadsheet, the
TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of
Bid or Proposal.
BID SECURITY REQUIRED
-- All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa
bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit
FY 2011,Carnegie Annex Parking Lot Repair NPBH-2 Page 2 of 4
City Contract No.800 60163862
union in Iowa or chartered under the laws of the United States, or bid bond, (on the form furnished by the
City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid
submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder
will enter into a Contract for the construction of the work and will furnish the required bonds, and in case
the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his bid
security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be
signed by both the Bidder and the surety or surety's agent. Signature of surety's agent must be supported
by accompanying Power of Attorney.
PERFORMANCE AND PAYMENT BONDS
The successful bidder will be required to furnish "Performance and Payment Bonds" within ten (10) days
after forms are presented to him in an amount equal to one hundred percent (100%) of the contract price,
said bonds to be issued by a responsible surety approved by the City Council and shall guarantee the
faithful performance of the contract and the terms and conditions therein contained, and shall guarantee
the prompt payment of all materials and labor and protect and save harmless the City from claims of any
kind caused by the operations of the contractor.
MAINTENANCE BOND
Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall
execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same
to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which
bond is in addition to the bond given by the Contractor to guarantee the completion of the work.
CONTRACT COMPLIANCE PROGRAM/SUBCONTRACTING
The program proposes numerical projections regarding utilization of Minority Business Enterprise (MBE)
and Women Business Enterprise (WBE) as Subcontractors, vendors and suppliers in the performance of
Contracts awarded by the City of Waterloo, Iowa.
A goal of at least ten percent (10%) for MBE participation on all City funded construction projects that are
estimated at $50,000.00 or more. A goal of at least two percent (2%) for WBE participation on all City
funded construction projects that are estimated at $50,000.00 or more. Any project funded in part or in
total with federal funds shall follow the respective agencies contract compliance program and goals. The
Prime Contractor shall make "good-faith efforts" to meet the Contract Compliance MBE/WBE goals. The
j' MBE/WBE subcontractors, suppliers or vendors must provide the Prime Contractor a reasonably
competitive price for the service being rendered or the Contractor is not required to accept their bid.
WORKER RESIDENCY REQUIREMENTS
Attention is called to the requirement that at least ten percent (10%) of the total worker hours on this
project shall be performed by bona fide Black Hawk County residents. A bona fide Black Hawk County
resident shall have his principle residence within the corporate limits of Black Hawk County before the
date of the bid opening for this project. The contractor and any subcontractors shall submit worker
residency information on forms or in accordance with instructions furnished by the City. Information shall
be submitted monthly to the City, with the prime contractor responsible for the submission of worker
residency information of all subcontractors. The prime contractor shall certify on the monthly submittals
that this residency requirement is being met for this project.
LIQUIDATED DAMAGES
Time is an essential element of this contract. It is important that the work be diligently pursued to
completion. If the work is not completed within the specified contract period, plus authorized extensions,
the contractor shall pay to the City Liquidated Damages in the amount of three hundred dollars ($300.00)
per day, for each day, as further described herein, in excess of the authorized time.
FY 2011,Carnegie Annex Parking Lot Repair NPBH-3 Page 3 of 4
City Contract No.800 60163862
Days beyond the specified completion date for which Liquidated Damages will be charged will be working
days that the contractor does, or could have worked, from Monday through Saturday. Sundays will be
counted only if work is performed. Partial working days will be considered as a full working day. Days not
chargeable for Liquidated Damages will include rain days, Sunday if no work is done, and legal holidays.
Working days will cease to be charged when only punch list items remain to be completed. Punch list
items do not include contract bid items or approved change/extra work orders.
When the Contractor believes the project to be substantially completed, a written notice stating the same
shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract
extends beyond the normal construction season for such work the Contractor shall submit to the Engineer
in writing a request that working days counted toward the project be suspended until work is resumed the
following construction season.
This amount is not construed as a penalty. These damages are for the cost to the City of providing the
required additional inspection, engineering and contract administration.
PRE-CONSTRUCTION CONFERENCE
Before the work is commenced on this contract, a conference shall be held for the purpose of discussing
the contract. The conference shall be attended by the prime contractor, subcontractors and City Officials.
RECIPROCAL RESIDENT BIDDER PREFERENCE
Attention of bidders is called to the requirement of complying with the provisions of the Reciprocal
Resident Bidder Preference requirement.
Each bidder submitting a bid shall execute and include with the bid, a Resident Bidder Certification in the
form herein provided, to the effect that he will not have as employees, Illinois laborers on the work site.
SALES TAX EXEMPTION CERTIFICATES
Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to
purchase building materials or supplies in the performance of construction contracts let by the City of
Waterloo.
-- Published pursuant to the provisions of Division VI of Chapter 26 of the City Code of Iowa and upon order
to the City Council of said Waterloo, Iowa, on the day of , 2010.
CITY OF WATERLOO, IOWA
BY:
City Clerk
FY 2011,Carnegie Annex Parking Lot Repair NPBH-4 Page 4 of 4
City Contract No.800 60163862
INSTRUCTIONS TO BIDDERS
1. EXPLANATIONS TO BIDDERS
Any explanation desired by a bidder regarding the meaning or interpretation of the Notice to Bidders,
Plans, Specifications, etc., must be requested in writing and with sufficient time allowed for a reply to
reach bidders before submission of their bids. Any interpretation made will be in the form of an
amendment of the Notice to Bidders, Plans, Specifications, etc., and will be furnished to all prospective
bidders. Its receipt by the bidder must be acknowledged in the space provided on the Proposal Form or
by letter or telegram received before the time set for opening of bids. Oral explanations or instructions
given before the award of the contract will not be binding.
2. EXAMINATION OF PROPOSED WORK
-- Bidders should visit the site and take such other steps as may be reasonably necessary to ascertain the
nature and location of the work, and the general and local conditions which can affect the work or the cost
thereof. Failure to do so will not relieve bidders from responsibility for estimating properly the difficulty or
— cost of successfully performing the work. The owner will assume no responsibility for any understanding
or representation concerning conditions made by any of its officers or agents prior to the execution of the
contract, unless included in the Notice to Bidders, the Specifications or related documents.
3. PREPARATION OF BIDS
a. Bids shall be submitted on the forms furnished, or copies thereof, and must be manually signed.
If erasures or other changes appear on the forms, each erasure or change must be initialed by the
person signing the bid.
The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of the
Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated
Quantity, Unit Bid Price, Total Bid Price, and Total Bid. The computer-generated spreadsheet
shall include all of the information listed in that portion of the Form of Bid or Proposal as well as
bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a
4.0
computer-generated spread- sheet, the TOTAL BID (with alternates, if applicable) shall also be
indicated in the space(s) provided on the Form of Bid or Proposal.
-- b. The Bid Form may provide for submission of a price or prices for one or more items, which may
be lump sum bids, alternate prices, schedule items resulting in a bid on a unit of construction or a
combination thereof, etc. When the Bid Form explicitly requires that the bidder bid on all items,
failure to do so will disqualify the bid. When submission of a price on all items is not required,
bidders should insert the words "no bid" in the space provided for any item on which no price is
submitted.
c. Unless called for, alternate bids will not be considered.
d. Modifications of bids already submitted will be considered if received at the office designated in
the Notice to Bidders by the time set for closing of bids. Telegraphic modifications will be
considered, but should not reveal the amount of the original or revised bid.
e. In preparing his bid, the bidder shall specify the price, written legibly in ink or with the typewriter, at
which he proposes to do each item of work. The unit price shall be stated in figures in the blank
space provided (i.e., $7.14). In items where unit price is required, the total amount of each item
shall be computed at the unit prices bid for the quantities given on the Bid Form and stated in
figures in the blank space provided.
If the bidder chooses to submit the unit prices, total bid price, and total bid on a computer-
generated spreadsheet, all numbers shall be easily legible.
FY 2011,Carnegie Annex Parking Lot Repair IB-1 Page 1 of 9
City Contract No.800 60163862
f. Any changes or alterations made in the Bid Form, or any addition thereto, may cause the rejection
of the bid. No bid will be considered which contains a clause in which the contractor reserves the
right to accept or reject a contract awarded him by the city Council of Waterloo. Bids in which the
unit prices are obviously unbalanced may be rejected.
4. SUBMISSION OF B1DS
a. A bid must be sealed in a separate envelope and marked to indicate its contents and be
accompanied by the bid security in a separate envelope. If forwarded by mail, the two
envelopes shall be placed in a third and mailed to the City Clerk/Auditor. All bids must be
filed with the City Clerk/Auditor of the City of Waterloo at his/her office in the City Hall
before the time specified for closing bids.
b. Bids received prior to the advertised hour of opening will be securely kept sealed. The officer
whose duty it is to open them will decide when the specified time has arrived, and no bid received
-- thereafter will be considered; except that when a bid arrives by mail after the time fixed for
opening, but before the reading of all other bids is completed, and it is shown to the satisfaction of
the City of Waterloo, Iowa, that the non-arrival on time was due solely to delay in the mails for
which the bidder was not responsible, such bid will be received and considered.
c. Bidders are cautioned that, while telegraphic modifications of bids may be received as provided
above, such modifications, if not explicit and if in any sense subject to misinterpretation, shall
made the bid so modified or amended, subject to rejection.
5. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS
Bids and modifications or withdrawals thereof received at the office designated in the Notice to Bidders
after the exact time set for closing of bids will not be considered. However, a modification which is
received from an otherwise successful bidder, and which makes the terms of the bid more favorable to the
-- City of Waterloo,will be considered at any time it is received and may therefore be accepted. Bids may be
withdrawn by written or telegraphic request received from bidders prior to the time set for closing of bids.
6. PUBLIC OPENING OF BIDS
Bids will be publicly opened at that time and place set for opening in the Notice to Bidders. Their content
will be made public for the information of bidders and others interested who may be present either in
-- person or by representative.
7. BID SECURITY REQUIRED
All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa
bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit
union in Iowa or chartered under the laws of the United States, or bid bond (on the form furnished by the
-- City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid
submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder
will enter into a Contract for the construction of the work and will furnish the required bonds, and in case
the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bond, his bid
security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be
signed by both the bidder and the surety or surety's agent. Signature of surety's agent must be supported
by accompanying Power of Attorney.
8. COLLUSIVE AGREEMENTS
a. Each bidder submitting a bid shall execute and include with the bid, a Non-Collusion Affidavit in
"` the form herein provided, to the effect that he as not colluded with any other person, firm, or
corporation in regard to any bid submitted.
FY 2011,Carnegie Annex Parking Lot Repair IB-2 Page 2 of 9
City Contract No.800 60163862
b. Each bidder submitting a bid shall have each proposed subcontractor, if any, execute and submit
to the City Contract Compliance Officer by 5:00 P.M. the business day following the day bids on
this project are due, a Non-Collusion Affidavit in the form herein provided, to the effect that he has
not colluded with any other person, firm, or corporation in regard to any bid submitted. Before
executing any subcontract, the successful bidder shall submit the name of any proposed
subcontractor for approval by the City.
9. MINORITY AND/OR WOMEN BUSINESS ENTERPRISE SUBCONTRACTORS
a. CITY OF WATERLOO AND/OR WOMEN BUSINESS ENTERPRISE PRE-BID CONTACT
INFORMATION FORM
The City of Waterloo Minority and/or Women Business Enterprise Pre-Bid Contact Information
Form shall be submitted with the Form of Bid or Proposal. Failure to do so shall be grounds for
the bid being rejected if subcontracting is proposed by the prime contractor.
10. MBE/WBE CONTRACT COMPLIANCE PROGRAM
a. PURPOSE
The purpose of the Contract Compliance Program (hereinafter called Program) is to act as an
impetus for increasing the participation of minority and women disadvantaged business enterprise
(MBE/WBE) in City awarded construction contracts.
The Program does not propose to eliminate any bonafide contractor or subcontractor from bidding
_ on City contracts, but it will hopefully serve as a needed stimulus to help local MBE/WBE's grow
and eventually become mainstream contractors and subcontractors.
This Contract Compliance Program does not propose to include any set-aside or quotas, but only
flexible goals where "good-faith efforts" are required by the contractor to use MBE/WBE
subcontractors.
This Program shall not eliminate the need for contractors to continue their "good-faith efforts" in
using MBE/WBE subcontractors on City contracts estimated at less than $50,000.
The City of Waterloo will make every effort to reduce in-house construction and maintenance
work that would be more cost effectively performed by the private sector and, thus, would allow
additional bidding opportunities for MBE/WBE firms.
The City Contract Compliance Officer shall be advised of all City of Waterloo awarded
construction contracts.
b. DEFINITIONS
Goals:
A flexible numerically expressed objective which contractors are required to make "good-faith
efforts." The key to the requirement is to make documented efforts. Goals are neither set-a-sides
nor a device to achieve proportional representation or equal results. Numerical goals do not
create set-a-sides for specific groups, nor are they designed to achieve proportional
representation or equal results. Rather, the goal-setting process in affirmative action planning is
... used to target and measure the effectiveness of affirmative action efforts to eradicate and prevent
discrimination.
Quota:
A flat numerical requirement that the contractor is required to meet in order to obtain the benefit or
be in compliance. The numerical goal component of affirmative action programs is not designed
to be, nor may it properly or lawfully be interpreted as, permitting unlawful preferential treatment
._ and quotas with respect to persons of any race, color, religion, sex, or national origin. The
FY 2011,Carnegie Annex Parking Lot Repair IB-3 Page 3 of 9
City Contract No.800 60163862
regulations at 41 CFR 60-2.12(a), 60-2.15 and 60-2.30, specifically prohibit discrimination and the
use of goals as quotas. (U.S. Department of Labor)
Set-Aside:
An arrangement in which a particular contract is reserved for competition solely among minority
and women business enterprises.
Contractor:
As used in this document means contractor, subcontractor, supplier, vendor, and professional
service provider.
Minority Business Enterprise (MBE)
Any business, which is at least 51%, owned by one or more minorities and whose management
and daily business operations are controlled by one or more such individuals and is on the current
State Unified Certification List, or were listed on the City of Waterloo Certified MBE/WBE
Contractors list as of July 1, 2002
Women Business Enterprise (WBE):
Any business which is at least 51% owned by one or more women and whose management and
daily business operations are controlled by one or more such individuals and is on the current
State Unified Certification List, or were listed on the City of Waterloo Certified MBE/WBE
Contractors list as of July 1, 2002
Minority:
Any person or persons who are considered as socially and economically disadvantaged because
of their identity as a group member without regard to their individual qualities. The groups include:
Black American, Hispanic American, Native Americans, Eskimos, Aleuts, and Asian-Pacific
Americans. 13 C.F.R. 124-1.1(c)(3)(ii)(1983).
Lowest Responsible Bidder:
Bidder who has offered the lowest bid and who has exhibited skill relative to the type of work bid
on, judgment, financial responsibility, and evidence of working with the Affirmative Action
Employment Program and the Contract Compliance Program.
Broker:
One buying or selling for others on commission or other fee basis without maintaining a
warehouse or other similar inventory storage facility.
Mayor's Advisory Committee:
Mayor's Advisory Committee for Minority, Female, and Disadvantaged Business Enterprise.
Good Faith Efforts:
The successful bidder shall be selected on the basis of having submitted the lowest responsible
bid. The obligation of the bidder is to make good faith efforts. The bidder can demonstrate that it
has done so by the following:
1. The Prime Contractor met the project goal - No Action necessary
2. If the Prime Contractor failed to meet the goal, they must submit documentation of good
faith efforts.
c. CONTRACT COMPLIANCE PROGRAM SUBCONTRACTING
The program proposes numerical projections or goals regarding utilization of Minority Business
Enterprise (MBE) and Women Business Enterprise (WBE) as subcontractors in the performance
of contracts awarded by the City of Waterloo, Iowa.
FY 2011,Carnegie Annex Parking Lot Repair IB-4 Page 4 of 9
City Contract No. 800 60163862
A goal of at least 10% for MBE participation on all City funded construction projects that are
estimated at $50,000 or more and projects under $50,000 where applicable at the Contract
Compliance Officer's discretion. There is at least 2% WBE goal on City funded projects. Any
project which is funded solely or in part with Federal funds shall follow the respective agencies
contract compliance program and goals. Any project which is funded solely or in part with State
funds shall follow the respective agencies contract compliance program and goals. The City of
Waterloo Contract Compliance Program is for City awarded construction contracts only. The
prime contractor shall make "good-faith efforts" to meet the Contract Compliance MBE/WBE
goals. The MBE/WBE subcontracts must provide the prime contractor a reasonably competitive
price for the service being rendered or the contractor is not required to accept the bid.
Administrative Reconsideration:
As part of this reconsideration, the bidder will have the opportunity to provide written
documentation or arguments concerning the issue of whether they made adequate good faith
efforts to meet the goals. The bidder will have the opportunity to meet in person with the City of
Waterloo's Administrative Reconsideration Committee to discuss the issue of whether they made
adequate good faith efforts. The Administrative Reconsideration Committee will forward a written
decision on reconsideration to the Mayor and City Council, explaining the basis for finding that the
bidder did or did not meet the goal or make adequate good faith efforts to do so.
Documentation required will include but is not limited to the following:
• Making portions of the work available for MBE/WBE subcontracting
• Evidence of negotiating with MBE/WBE firms
• MBE/WBE quotes obtained and non-MBE/WBE quotes used
• Reasons agreements were not reached
• Follow-up after initial solicitations
• Efforts to assist in obtaining equipment, supplies and materials (at competitive prices),
bonding, lines of credit, insurance, etc.
• Evidence of past compliance or non-compliance by same contractor
The Contract Compliance Officer will determine the weight to be given to each item listed above
(supported by appropriate documentation) based on overall program goals.
d. RESPONSIBILITIES
I. City of Waterloo
A. The City Contract Compliance Officer has the responsibility to assure the City's
— compliance with Federal, State and Municipal regulations.
B. The City Contract Compliance Officer is responsible for maintaining a current directory of
certified firms. Certification of MBE/WBE/DBE contractors is through the Iowa Department
of Transportation and its Unified Certification Program. Only firms certified based on
guidelines prescribed in 49 CFR Part 26 and provisions of this agreement, shall be
recognized as certified by the City of Waterloo.
C. The City Contract Compliance Officer is responsible for making available a list of future
project information notices to MBE/WBE firms.
D. The City Contract Compliance Officer shall send notices to appropriate MBE/WBE firms
in the directory of each bid solicitation with opening date.
E. The City Contract Compliance Officer will receive MBE/WBE Letter(s) of Intent to Bid and
within two (2) business days forward the complete list of MBE/WBE bidders who
submitted a Letter of Intent to Bid to prime contractors.
FY 2011,Carnegie Annex Parking Lot Repair IB-5 Page 5 of 9
City Contract No.800 60163862
I!. Prime Contractors
In order to be in compliance with the guidelines of this program, the prime contractor must show
good-faith efforts in following the MBE/WBE Contract Compliance Program. Good-faith efforts
include, but are not limited to, the following:
A. Prime contractors shall send solicitation letters (Form CCO-3) to appropriate MBE/WBE
(those certified in directory prepared by City Contract Compliance Officer) at least seven
(7) working days prior to bid date. Letters should identify specific items to be
subcontracted. A minimum of three (3) disadvantaged business contacts must be made
and documented, if there are at least three disadvantaged businesses offering services in
the area to be subcontracted (See City of Waterloo MBE/WBE Certification List). If less
than three (3) are offering the services to be subcontracted, then a contact is required for
any that are listed as providing that service. If the Prime Contractor submits a MBE/WBE
contact not on the City's MBE/WBE list, attach a copy of the MBE/WBE/DBE
Certifications from another government agency.
B. If a prime contract bidder is unable to identify MBE/WBE firms to perform portions of the
work, the City Contract Compliance Officer should be contacted for assistance
immediately.
C. Prime contract bidders may solicit MBE/WBE proposals by telephone or personal
interviews, but all such contacts shall be confirmed by Certified Mail, or subcontract bid
request forms (Form CCO-2).
D. If any MBE/WBE business submitting bids is not selected for subcontract award,
documentation must accompany the "MBE/WBE Business Enterprise Pre-Bid Contact
Information Form" (Form CCO-4 and CCO-4A) on why the MBE/WBE was not selected.
These reasons could include:
a. Not low bid. Copies of the competing bids may be required for verification.
b. MBE/WBE did not bid, withdrew bid or non-responsive.
c. Documentation of other business-related reason for not selecting the MBE/WBE
business for a subcontract.
d. Prime contractor self performs work.
e. Any other reason relied on by prime.
The Contract Compliance Officer will determine the weight to be given to each item listed
above (supported by appropriate documentation) based on overall program goals.
E. Upon completion of the project, the Contractor shall submit the"Certification of MBE/WBE
Accomplishment" (Form CCO-6)to the City of Waterloo.
lll. MBE/WBE Firms
A. MBE/WBE firms shall be certified by the Iowa Department of Transportation as owners
.,, and controllers of their respective businesses, or were listed on the City of Waterloo
Certified MBE/WBE Contractors list as of July 1, 2002.
B. MBE/WBE firms must perform the work on the project; they cannot act as a broker by
subcontracting the work out to others.
C. Each MBE/WBE firm planning to submit quotes on construction projects with goals, shall
submit a Letter of Intent to Bid (Form CCO-5) to the City Contract Compliance Officer
seven (7) working days prior to bid opening, listing specific items which the MBE/WBE
firm is interested in bidding. If sufficient Letters of Intent to Bid are not received by the
City Contract Compliance Officer seven (7) working days prior to bid opening, goals on
subject project will be reduced accordingly. Agreements between the bidder/proposer and
FY 2011,Carnegie Annex Parking Lot Repair IB-6 Page 6 of 9
City Contract No.800 60163862
a MBE/WBE in which the MBE/WBE promises not to provide subcontracting quotations to
other bidders/proposers are prohibited.
e. NON-COMPLIANCE OF CONTRACTORS
A. Noncompliance exists when the contractor's actions are not consistent with the
requirements of the Contract Compliance Program in the areas of employment and
subcontracting.
B. A bidder's failure to show good-faith efforts to meet project goals or a failure to use
certified MBE/WBE firms may be grounds for finding its bid not responsible.
C. The Contract Compliance Officer shall submit to City Council his/her recommendation on
any non-compliant contract in writing.
f. NOTICE TO PROCEED
-- Notice to proceed on any project with goals will not be issued until City Contract Compliance
Officer determines the lowest responsible bidder has used good-faith efforts to comply with this
Compliance Program and the bid was responsive.
g. CONCLUSION
This program repeals or revises all sections of previous Waterloo Contract Compliance Programs.
11. EMPLOYMENT AND BUSINESS OPPORTUNITY
— To the greatest extent feasible, suppliers, subcontractors, and low income workers owning businesses or
living in the Waterloo area must be given priority in supplying materials, bidding for subcontract work, or
applying for employment by the contractor on this project. Opportunities for training and for employment
arising in connection with this project, shall to the greatest extent feasible be made available to lower
income persons residing in the project area. The contract area is the City of Waterloo.
The City of Waterloo will require the contractor to document his efforts in securing lower income workers
living in the project area and in purchasing supplies from, and awarding subcontracts to, businesses
owned by persons residing in the project area.
12. STATEMENT OF BIDDER'S QUALIFICATIONS
Each bidder shall, upon request of the City of Waterloo, Iowa, submit on the form furnished for that
purpose (a copy of which is included in the contract documents), a statement of bidder's qualifications, his
experience record in constructing the type of improvements embraced, and his organization and
equipment available for the work contemplated; and, when specifically requested, a detailed financial
statement. The City of Waterloo, Iowa, shall have the right to take such steps as it deems necessary to
determine the ability of the bidder to perform his obligations under the contract, and the bidder shall
furnish the City of Waterloo, Iowa, all such information and data for this purpose as it may request. The
right is reserved to reject any bid where an investigation of the available evidence or information does not
satisfy the City of Waterloo, Iowa, that the bidder is qualified to carry out properly the terms of the contract.
13. AWARD OF CONTRACT
a. Award of contract will be made to that responsible bidder whose bid, conforming to the
Specifications, is most advantageous to the City of Waterloo; price and other factors considered.
The intention is to award to the qualified bidder submitting the lowest total for the work. The
intention is to award the contract at the time of opening bids, but the right is reserved to postpone
— such action for a reasonable time, not exceeding thirty(30) days.
b. The City Council may, when in its interest, reject any or all bids or waive any informality in bids
received.
FY 2011,Carnegie Annex Parking Lot Repair I13-7 Page 7 of 9
City Contract No.800 60163862
c. The bidder shall submit bids on all the items listed in the proposal and shall state the unit bid price
— in words in the blank spaces provided beneath the item description. Should there be any
discrepancy between the unit bid price in words and listed numeral unit bid price, the City of
Waterloo shall consider the unit bid price in words as being the valid unit bid price. A computer-
generated spreadsheet as herein provided shall also be acceptable. Proposals requiring
mathematical computations to determine unit prices or totals will be rejected.
14. EXECUTION OF AGREEMENT, BOND, AND CERTIFICATE OF INSURANCE
a. Subsequent to the award and within ten (10) days after the prescribed forms are presented for
signature, the successful bidder shall execute and deliver to the City of Waterloo, Iowa, an
agreement in the form included in the contract documents in such number of copies as the City of
Waterloo, Iowa, may require.
b. Having satisfied all conditions of award as set forth elsewhere in these documents, the successful
-- bidder shall, within the period specified in paragraph "a" above, furnish a surety bond and a
payment bond in a penal sum not less than the amount of the contract as awarded, as security for
the faithful performance of the contract and terms and conditions therein contained and shall
_ guarantee the prompt payment of all persons, firms, or corporations to whom the contractor may
become legally indebted for labor, materials, tools, equipment, or services of any nature including
utility and transportation services, employed or used by him in performing the work. The bonds
shall protect and save harmless the City from claims and damages of any kind caused by the
-- operations of the contractor and shall also guarantee the maintenance of the contract
improvements for the period stated in the Notice of Hearing from and after completion of said
improvements and their acceptance by the City. Such bond shall be in the same form as that
included in the contract documents and shall bear the same date as, or a date subsequent to that
of the agreement. The current Power of Attorney for the person who signs for any surety
company shall be attached to such bond.
c. The successful bidder shall, within the period specified in paragraph "a" above, furnish a
certificate of insurance for approval in amounts of not less than the amounts specified in the
General Specifications for Construction, Section F. No. 4 "Liability Insurance," Page GS-12 of
GS-15 Pages. The certificate of insurance shall be furnished in such number of copies as the City
of Waterloo may require. The City of Waterloo and AECOM shall be named as an "Additional
Insured." The contractor shall similarly submit his subcontractor's certificates of insurance in the
amounts for approval before each commences work. The contractor shall carry or require that
there be Workmen's Compensation Insurance for all his employees and those of his
subcontractors engaged in work at the site, in accordance with State Workmen's Compensation
Laws.
d. The failure of the successful bidder to execute such agreement and to supply the required bond or
bonds within ten (10) days after the prescribed forms are presented for signature, or within such
extended period as the City of Waterloo, Iowa, may grant, based upon reasons determined
sufficient by the City of Waterloo, Iowa, may either award the contract to the next lowest bidder or
re-advertise for bids, and may charge against the bidder the difference between the amount of the
bid an the amount for which a contract for the work is subsequently executed, irrespective of
whether the amount thus due exceeds the amount of the bid guaranty. If a more favorable bid is
received by re-advertising, the defaulting bidder shall have no claim against the City of Waterloo,
Iowa, for a refund.
FY 2011,Carnegie Annex Parking Lot Repair IB-8 Page 8 of 9
City Contract No.800 60163862
15. RECIPROCAL RESIDENT BIDDER PREFERENCE
Attention of bidders is called to the requirement of complying with the provisions of the Reciprocal
Resident Bidder Preference requirement.
Each bidder submitting a bid shall execute and include with the bid, a Resident Bidder Certification in the
form herein provided, to the effect that he will not have as employees, Illinois laborers on the work site.
END OF INSTRUCTIONS TO BIDDERS
•
FY 2011,Carnegie Annex Parking Lot Repair IB-9 Page 9 of 9
City Contract No.800 60163862
FORM OF BID OR PROPOSAL
FY 2011
CARNEGIE ANNEX PARKING LOT REPAIR
CITY CONTRACT NO. 800
CITY OF WATERLOO, IOWA
Honorable Mayor and City Council
Waterloo, Iowa
Gentlemen:
1. The undersigned, being a Corporation existing under the laws of the State of , a
Partnership consisting of the following partners:
, having familiarized (himself) (themselves) (itself) with the existing
conditions on the project area affecting the cost of the work, and with all the contract documents
listed in the Table of Contents and Addenda (if any), as prepared by AECOM now on file in the
office of the City Clerk, City Hall, Waterloo, Iowa, hereby proposes to furnish all supervision,
technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services,
including utility and transportation services required to construct and complete this FY 2011,
CARNEGIE ANNEX PARKING LOT REPAIR, CITY CONTRACT NO. 800, all in accordance with
the above-listed documents and for the unit prices for work in place for the following items and
quantities:
FY 2011
CARNEGIE ANNEX PARKING LOT REPAIR
CITY CONTRACT NO. 800
BID UNIT BID TOTAL BID
ITEM DESCRIPTION UNIT EST.QTY. PRICE PRICE
1 Embankment-in-Place CY 500. 0 $ $
2 Excavation, Class 10, Roadway and CY 10.0 $ $
Borrow
3 Compaction with Moisture and CY 525. 0 $ $
Density Control
Standard or Slip Form Portland
Cement Concrete Pavement, Class C, SY 260.0 $ $
4 Class 3 Durability, 6 In.
5 Removals, As Per Plan LS 1 .0 $ $
Structural Concrete CY 20.0 $ $
6 (Miscellaneous)
7 Reinforcing Steel LB 2, 400.0 $ $
8 Removal of Pavement SY 300.0 $ $
9 Sidewalk, PC Concrete, 5 In. SY 40.0 $ $
FY 2011,Carnegie Annex Parking Lot Repair BP-1 Page 1 of 3
City Contract No.800 60163862
BID UNIT BID TOTAL BID
ITEM DESCRIPTION UNIT EST.QTY. PRICE PRICE
_ 10 Safety Closure Each 2.0 $ $
Painted Pavement Marking, Sta 2. 2 $ $
11 Waterborne or Solvent-Based
TOTAL BID AMOUINT $
2. In submitting this bid, the bidder understands that the right is reserved by the City of Waterloo,
— Iowa, to reject any or all bids. If written notice of the acceptance of this bid is mailed, telegraphed,
or delivered to the undersigned within thirty (30) days after the opening thereof, or at any time
thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an
agreement in the prescribed form and furnish the required bond and certificate of the insurance
within ten (10) days after the agreement is presented to him for signature, and start work within
ten (10) days after"Notice to Proceed" is issued.
3. Security in the sum of
Dollars ($ ) in the form of
_ , is submitted herewith in accordance with the INSTRUCTIONS
TO BIDDERS.
4. Attached hereto is a Non-Collusion Affidavit of Prime Contractor.
5. The bidder is prepared to submit a financial and experience statement upon request.
6. The Prime Contractor and Subcontractor(s), which have performed an aggregate of$10,000.00 in
work for the City in the current calendar year, are prepared to submit an AAP or Update and an
EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable.
7. The bidder has received the following Addendum or Addenda:
Addendum No. Date
8. The bidder shall list the MBE/WBE subcontractor(s), amount of subcontracts and bid items on the
City of Waterloo Minority and/or Women Business Pre-bid Contact Information Form submitted
with this Form of Bid or Proposal. The apparent low Bidder shall submit a list of all other
Subcontractor(s) to be used on this Project to the City of Waterloo by 5:00 p.m. the business
day following the day Bids on this Project are due along with the Non-Collusion Affidavits_of All
Subcontractor(s).
The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer
cannot be changed except for the following reasons:
1) The City of Waterloo does not approve the subcontractors.
2) The subcontractors submit in writing that they cannot fulfill their subcontracts.
FY 2011,Carnegie Annex Parking Lot Repair BP-2 Page 2 of 3
City Contract No.800 60163862
9. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked
"none" or"NA".
10. The bidder has attached all applicable forms.
11. The Owner reserves the right to select alternates, delete line items, and/or to reduce quantities
prior to the award of a contract due to budgetary limitations.
(Name of Bidder) (Date)
BY: Title:
Official Address: (Including Zip Code):
I.R.S. No.
FY 2011,Carnegie Annex Parking Lot Repair BP-3 Page 3 of 3
City Contract No.800 60163862
,r CITY OF WATERLOO, IOWA
rre WATERLOO ENGINEERING DEPARTMENT
ly �m 715 Mulberry St. • Waterloo, IA 50703
(319) 291-4312 Fax(319) 291-4262
c?terfoo�3 ERIC THORSON,P.E. • City Engineer
Mayor INFORMATION NEEDED
ERNEST G.
CLARK FOR
IOWA CONSTRUCTION SALES TAX EXEMPTION CERTIFICATE
COUNCIL
MEMBERS
CONTRACTOR NAME:
DAVID
JONES ADDRESS:
Ward I
CAROLYN
COLE
Ward 2
-- HAROLD (Check One) PRIME: SUBCONTRACTOR:
GETTY
Ward 3
—. QUENTIN FEDERAL ID#:
HART
Ward 4
RON PROJECT NAME:
WELPER
Ward 5
BOB DESCRIPTION OF WORK:
GREENWOOD
At-Large
❑ Brickwork ❑ Landscaping
STEVE
SCHMITT ❑ Carpentry 0 Painting
At-Large
❑ Concrete ❑ Paving
❑ Drywall-Plaster-Insulation ❑ Plumbing
❑ Electrical 0 Roofing-Siding-Sheet Metal-
.-
O Excavation/Grading 0 Windows
❑ Flooring 0 Wrecking-Demolition
O Heavy Construction 0 Other (Please Specify)
❑ Heating-Ventilating-Air Cond. 0
WE'RE WORKING FOR YOU!
An Equal Opportunity/Affirmative Action Employer
FY 2011,Carnegie Annex Parking Lot Repair STE-1
City Contract No.800 Page 1 of 1
60163862
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we,
as Principal, and
as Surety are held and firmly bound unto the CITY OF WATERLOO , Iowa, hereinafter called
"OWNER." In the penal sum
Dollars ($ ) lawful money of the United States, for the payment
— of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, 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
200 , for
NOW, THEREFORE,
— (a) If said Bid shall be rejected, or in the alternate,
(b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and
shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing
labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement
created by the acceptance of said Bid,
Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly
understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed
the penal amount of this obligation as herein stated.
— By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of
damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided
in the specifications or by law.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall
be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid or
_ execute such contract; and said Surety does hereby waive notice of any such extension.
IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of
them as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed
— by their proper officers this day of , A.D. 20
(Seal)
Principal
By (Title)
_ (Seal)
Witness Surety
By
Witness Attorney-in-fact
FY 2011,Carnegie Annex Parking Lot Repair BB-1 Page 1 of 1
City Contract No.800 60163862
NON-COLLUSION AFFIDAVIT OF PRIME BIDDER
State of )
)ss
County of )
, being first duly sworn, deposes and says that:
1. He is , of
(Owner,Partner,Officer, Representative,or Agent)
, the Bidder that has submitted the attached Bid;
2. He is fully informed respecting the preparation and contents of the attached Bid and of all
pertinent circumstances respecting such Bid;
3. Such Bid is genuine and is not a collusive or sham Bid;
4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives,
employees, or parties in interest, including this affiant, has in any way colluded, conspired,
connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a
collusive or sham Bid in connection with the Contract for which the attached Bid has been
submitted or to refrain from bidding in connection with such Contract, or has in any manner,
directly or indirectly, sought by agreement or collusion or communication or conference with any
other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or,
to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to
secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage
against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and
5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its
agents, representatives, owners, employees, or parties in interest, including this affiant.
(Signed)
Title
Subscribed and sworn to before me this day of
, 20
Title
My commission expires
FY 2011,Carnegie Annex Parking Lot Repair NCA-1
City Contract No.800 Page 1 or 1
60163862
NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR
State of
) ss:
County of
, being first duly sworn, deposes and says that:
1. He is of,
(Owner,Partner,Officer, Representative,or Agent)
, hereinafter referred to as the "Subcontractor;"
2. He is fully informed respecting the preparation and contents of the subcontractor's proposal
submitted by the subcontractor to
, contract pertaining to the
project in
(City or County and State)
3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal;
4. Neither the subcontractor nor any of its officers, partners, owners, agents, representatives,
employees, or parties in interest, including this affiant, has in any way colluded, conspired,
connived, or agreed, directly or indirectly, with any other bidder, firm or person to submit a
collusive or sham proposal in connection with such contract or to refrain from submitting a
proposal in connection with such contract, or has in any manner, directly or indirectly, sought by
unlawful agreement or connivance with any other bidder, firm or person to fix the price or prices in
said subcontractor's proposal, or to fix any overhead, profit or cost element of the price of prices
in said subcontractor's proposal, or to secure through collusion, conspiracy, connivance or
unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in
the proposed contract; and
5. The price or prices quoted in the subcontractor's proposal are fair and proper and are not tainted
by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of
its agents, representatives, owners, employees, or parties in interest, including this affiant.
(Signed)
Title
Subscribed and sworn to before me this day of , 20_,
Title
My commission expires
FY 2011,Carnegie Annex Parking Lot Repair NCA-2 Page 2 of 2
City Contract No.800
60163862
EQUAL OPPORTUNITY CLAUSE
(As provided in Executive Order No. 11246)
— All contractors, subcontractors, vendors and suppliers of goods and services doing business
with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00)
annually agree as follows:
1. The contractors, subcontractor, vendor and supplier of goods and services will not
discriminate against any employee or applicant for employment because of race, color,
creed, sex, national origin, economic status, age, mental or physical handicap, political
opinions or affiliations. The contractor, subcontractor, vendor and supplier will develop
an Affirmative Action program to ensure that applicants are employed and that
employees are treated during employment without regard to their race, creed, color, sex,
national origin, religion, economic status, age, mental or physical disability, political
opinions or affiliations. Such actions shall include but not be limited to the following:
a. Employment
b. Upgrading
c. Demotion or Transfer
— d. Recruitment and Advertising
e. Layoff or Termination
f. Rates of Pay or Other Forms of Compensation
g. Selection for Training Including Apprenticeship
2. The contractor, subcontractor, vendor and supplier of goods and services will, in all
solicitations or advertisements for employees, state that all qualified applicants will
receive consideration for employment without regard to race, creed, color, sex, national
origin, religion, economic status, age, mental or physical disabilities, political opinion or
affiliations.
3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining
representative will send to each labor union or representative of workers which he/she
has a collective bargaining agreement or other contract or understanding, a notice
advising said labor union or workers' representative of the contractor's commitment
under this section.
4. The contractor, subcontractor, vendor and supplier of goods and services will comply
with all published rules, regulations, directives, and order of the City of Waterloo
Affirmative Action Program Contract Compliance Provisions.
5. The contractor, subcontractor, vendor and supplier of goods and services will furnish
and file compliance reports within such time and upon such forms as provided by the
Affirmative Action Officer. Said forms will elicit information as to the policies,
procedures, patterns, and practices of each subcontractor as well as the contractor
himself/herself and said contractor, subcontractor, vendor and supplier will permit
access to his/her employment books, records and accounts to the City's Affirmative
Action Officer, for the purpose of investigation to ascertain compliance with this contract
FY 2011,Carnegie Annex Parking Lot Repair EO-1 Page 1 of 2
City Contract No.800 60163862
and with rules and regulations of the City's Affirmative Action Program—Contract
Compliance Provisions relative to Resolution No. 24664.
6. In the event of the contractor's non-compliance with the non-discrimination clauses of
this contract or with any of such rules, regulations and orders, this contract may be
canceled, terminated or suspended in whole or in part and the contractor may be
declared ineligible for further contracts in accordance with procedures authorized by the
City Council.
7. The contractor, subcontractor, vendor and supplier of goods and services will include, or
incorporate by reference, the provisions of the non-discrimination clause in every
contract, subcontract or purchase order unless exempted by the rules, regulations or
orders of the City's Affirmative Action Program, and will provide in every subcontract, or
purchase order that said provisions will be binding upon each contractor, subcontractor,
or supplier.
8. We, the undersigned, recognize that we are morally and legally committed to non-
discrimination in employment. Any person who applies for employment with our
company will not be discriminated against because of race, creed, color, sex, national
origin, economic status, age, mental or physical disabilities.
(Signed)
(Appropriate Official)
(Title)
(Date)
FY 2011,Carnegie Annex Parking Lot Repair EO-2 Page 2 of 2
City Contract No.800 60163862
RECIPROCAL RESIDENT BIDDER PREFERENCE
In response to Illinois' law concerning resident preference and in accordance with Section 73A.21 of the
Iowa Code, all non-federal-aid public improvement projects, which include road construction, shall be
performed by a qualified resident bidder. The resident bidder has been further defined as follows:
To be a qualified resident bidder, the person, corporation, partnership, or firm shall not
have, as employees, Illinois laborers on the work site of a non-federal-aid project within
Iowa. An Illinois laborer is any person who has resided in Illinois for at least 30 days and
intends to become or remain an Illinois resident. This applies to all labor on the project,
whether skilled, semi-skilled, or unskilled; whether manual or non-manual. This also
applies to work subcontracted by or to the resident bidder on a non-federal-aid project
within Iowa. The resident bidder may place on such work no more than three residents of
Illinois who are his regularly employed executive and technical experts.
As noted, this definition gives a preference as to whom the contractors or subcontractors can employ.
The contractor shall provide the City with a certification that he is a qualified resident bidder according to
the above definition. The Certification shall be submitted with the contractor's bid. A copy of the form of
"Resident Bidder Certification" is included in the Contract Documents. If it is determined that the
contractor does not meet this qualification after he begins work, a shutdown notice shall be issued and the
voiding of the contract shall begin unless the contractor becomes qualified.
DJG/cs
01/13/97
AMMO
FY 2011,Carnegie Annex Parking Lot Repair R-1 Page 1 of 2
City Contract No.800 60163862
RESIDENT BIDDER CERTIFICATION
CONTRACT NO:
PROJECT NAME:
DATE OF LETTING:
To be a qualified resident bidder, the person, corporation, partnership, or firm shall not have, as
employees, Illinois laborers on the work site of a non-federal-aid project within Iowa. An Illinois laborer is
any person who has resided in Illinois for at least 30 days and intends to become or remain an Illinois
resident. This applies to all labor on the project, whether skilled, semi-skilled, or unskilled, whether
manual or non-manual. This also applies to work subcontracted by or to the resident bidder on a non-
- federal-aid project within Iowa. The resident bidder may place on such work no more than three residents
of Illinois who are his regularly employed executive and technical experts.
This qualification as resident bidder shall be maintained by the contractor and his subcontractors at the
work site until this project is completed.
I hereby certify that no Illinois resident laborer as defined above will be employed at the work site during
the contract period from the start of the project until its completion.
COMPANY NAME
CORPORATE OFFICER
TITLE
DATE
FY 2011, Carnegie Annex Parking Lot Repair R-2 Page 2 of 2
City Contract No.800 60163862
Revised February 2003
CONTRACTOR'S OR SUBCONTRACTOR'S AFFIRMATIVE ACTION PROGRAM
Check box that applies to party completing program:
( ) General Contractor
( ) Subcontractor
Section A to be completed by GENERAL CONTRACTORS only:
A.
Name of Company
Address of Company Zip
Telephone Number(
Federal ID Number (if no Federal ID Number, Owner/President's Social Security
Number)
Name of Equal Employment Officer
•. Name of Project
Project Contract Number
Estimated Construction Work Dates /
Section B to be completed by SUBCONTRACTORS only:
B.
Name of General or Prime Contractor
Name of Subcontractor
Subcontractor's Address Zip
Subcontractor's Telephone Number(
Subcontractor's Federal ID Number(if no Federal ID Number Owner/President's Social Security
Number)
Name of Equal Employment Officer
FY 2011,Carnegie Annex Parking Lot Repair -1- Page 1 of 9
City Contract No.800 60163862
C. Remainder of program to be completed by party completing program, either Prime or
Subcontractor.
1. The Owners and/or Principals of your company:
Ethnic
Name Address Position Sex Origin
2. Other Areas of Interest:
If your company has branches or subsidiaries, or if your company is a branch or
subsidiary of a parent organization, give the following information:
Type of
Name Address Affiliation Degree
II. EMPLOYER'S POLICY(Please read carefully.)
A. We, the undersigned, recognize that we are morally and legally committed to
nondiscrimination in employment. Any person who applies for employment with our
company will not be discriminated against because of race, color, creed, sex, national
origin, economic status, age, mental or physical handicap.
B. The employment policies and practices of the undersigned are to recruit and hire
employees without discrimination, and to treat them equally with respect to compensation
-. and opportunities for advancement, including training, upgrading, promotion, and transfer.
However, we realize the inequities associated with employment training, upgrading,
contracting and subcontracting for minorities and women and we will direct our efforts to
correcting any deficiencies to the maximum extent possible. The same will be required of
our SUBCONTRACTORS and suppliers.
C. We submit this program to assure compliance with Executive Order 11246, as amended,
and other subsequent orders that may pertain to equal employment opportunity and merit
employment policies, fully realizing that our qualification and/or merit system should be
evaluated and revised, if necessary.
D. We agree to put forth the maximum effort to achieve full employment and utilization of
capabilities and productivity of all our citizens without regard to race, creed, color, sex,
national origin, economic status, age, and mental or physical handicap.
E. will give training
(Name of Company)
and employment opportunities to local residents of Waterloo, Iowa, to the greatest extent
feasible.
FY 2011,Carnegie Annex Parking Lot Repair -2- Page 2 of 9
City Contract No.800 60163862
AFFIRMATIVE ACTION
A. recognizes that the
(Name of Company)
effective application of a policy of merit employment involves more than just a policy
statement, and
(Name of Company)
--� will, therefore, re-evaluate our Affirmative Action Program to ensure that equal
employment opportunities are available on the basis of individual merit, and to actively
encourage minorities, women and local residents to seek employment with our company
on this basis.
B. will undertake the
(Name of Company)
following six (6) steps to improve our Affirmative Action Program:
1. Minority Recruitment and Employment;
2. Local Recruitment and Employment;
3. Disabled Veteran and Vietnam Era Veteran Recruitment and Employment;
4. Handicapped Recruitment and Employment;
5. Female Recruitment and Employment; and
Mt 6. Training, Upgrading and Promotional Opportunities.
C. will take
(Name of Company)
whatever steps are necessary to ensure that our total work force has adequate minority,
female, and local representation. We will utilize the following methods in our recruitment
attempts:
1. Local advertising media (newspapers, radio, TV);
2. Community organizations (churches, clubs, schools);
3. Public and private institutions in the area (UNI, Hawkeye Community College);
4. Job Service of Iowa; and
5. Other.
�- D. will seek qualified minority,
(Name of Company)
female, and local group applicants for all job categories and will make asserted efforts to
increase minority, female and group representation in occupations at the higher levels or
skill and responsibility.
E. All sources of employment used shall be aware that we are an Equal Employment
Opportunity Employer. Labor organizations representing our employees will be notified of
our Equal Employment Opportunity Policy and Affirmative Action Program.
F. Training, upgrading, promotion and transfer activities at all levels will be monitored to
ensure that full consideration has been given to qualified minority, female, and local group
employees.
G. will encourage other
(Name of Company)
companies with whom we are associated and/or do business, to do the same and we will
assist them in their efforts.
FY 2011,Carnegie Annex Parking Lot Repair -3- Page 3 of 9
City Contract No.800 60163862
H. has taken the following
(Name of Company)
Affirmative Action to ensure that minority, female, local contractors and/or suppliers were
provided opportunities to negotiate and/or bid on this project: (if none, write "NONE")
1.
2.
I. As a result of the above efforts, we have involved minority, female, and local contractors
„r and/or suppliers in the following areas of subcontracting: (if none, write "NONE")
1.
— 2.
J. will require approved
,.� (Name of Company)
Affirmative Action Programs from all nonexempt contractors who propose to work on this
project and will take whatever steps are necessary to ensure that non-minority contractors
have adequate representation of minority, female and local persons in their total work
force.
K. In further accordance with rules and guidelines issued pursuant to Executive Order 11246
as amended, we establish the goals for our company, based on parity percentages
supplied by the City, and we realize these goals will be reviewed on an annual basis.
L. will keep records of
-�- (Name of Company)
specific actions relative to recruitment, employment, training, upgrading and promotion
and will provide the City of Waterloo with any information relative to same, including
activities of our SUBCONTRACTORS and suppliers as necessary or when requested.
M. Parity figures for companies located in Waterloo are as follows:
Minority Parity= .08 (8%)
N. Affirmative Action
(Name of Company)
Employment Goals:
The definition of Affirmative Action Goals is as follows: "Goals may not be rigid and
inflexible quotas which must be met, but must be targets, reasonably attainable by means
of applying every good faith effort to make all aspects of the entire Affirmative Action
Program work."
For the year 200_, please submit percentage targets for employing minorities and
women. If you already have reached your target for hiring minorities and women, please
submit that percentage.
•
*Goals for Minorities:
Goals for Women: cyo
*Your affirmative action goals should be between 1% and 10% or more for minorities and
1% and 5% or more for women.
FY 2011,Carnegie Annex Parking Lot Repair -4- Page 4 of 9
City Contract No.800 60163862
Please be advised that the goals or targets are purely your estimation of how many
women and minorities your company can reasonably expect to hire in 200_. Note, that
none of the goals are rigid or inflexible. They are targets that your company calculates as
reasonably attainable. This will help the City in its monitoring procedures as required by
City of Waterloo Resolution No. 1984-142(4).
offieW
Olaf
FY 2011,Carnegie Annex Parking Lot Repair -5- Page 5 of 9
City Contract No.800 60163862
CONTRACTOR'S TOTAL WORK FORCE
(WATERLOO)
HOURLY
NAME AND ADDRESS JOB CATEGORY RACE SEX WAGE
Arm
.tea..
...0
cams
INDICATE: DISABLED VETERAN: DV
VIETNAM ERA VETERAN: VV
HANDICAPPED: H
FY 2011,Carnegie Annex Parking Lot Repair -6- Page 6 of 9
City Contract No.800 60163862
We hereby certify that we are in compliance with all City and Federal Affirmative Action
Regulations and agree to accept all liability for failure to comply.
Respectfully submitted,
By:
Company Executive
Date
By:
Equal Employment
Opportunity Officer
Date
City of Waterloo Affirmative Action Officer
Approved
Disapproved Reason:
By:
Date:
.o.
FY 2011,Carnegie Annex Parking Lot Repair -7- Page 7 of 9
City Contract No. 800 60163862
ITEMS OF POTENTIAL MBE/WBE PARTICIPATION
NOTICE TO PROSPECTIVE BIDDERS:
The following are items from the FY 2011, CARNEGIE ANNEX PARKING LOT REPAIR, CITY
CONTRACT NO. 800, that have a potential for MBE/WBE Participation. This listing, however, is
not intended to be all encompassing; to preclude MBE/WBE Contractors from bidding on any
items of the Proposal as a Subcontractor or the entire Proposal as a Prime Contractor.
DESCRIPTION
Removals, As Per Plan
Removal of Pavement
Standard or Slip Form Portland Cement Concrete Pavement,
Class C, Class 3 Durability, 6-Inch
MBE/WBE GOALS FOR THIS PROJECT
IMPORTANT: Prime Contract Bidders should be aware that ten percent (10%) MBE goal and a
two percent (2%) WBE goal is attached to this project. "Certified Return Receipt" letters are no
longer needed with the bid showing proof of contacting MBE or WBE Subcontractors, but the
Pre-Bid Contact Information Form must be filled out completely.
City of Waterloo Contract Compliance Officer:
Contract Compliance Officer
Community Development Board
Carnegie Annex, Suite 202
620 Mulberry Street
Waterloo, IA 50703
Phone: (319) 291-4429
FY 2011,Carnegie Annex Parking Lot Repair M-1 Page 1 of 6
City Contract No.800 60163862
SUBCONTRACTOR'S BID REQUEST FORM
PRIME BIDDER'S LETTERHEAD
Contract No.:
Letting Date:
I, (subcontractor's name), hereby attest that I have been solicited for a bid on (project name) in
the area of(description of work and bid item no.).
(Prime contractor) has informed me that if I am interested in bidding, a subcontracting bid
proposal must be submitted to the company office by (date) and (time).
Subcontractor's Company Name
Date Subcontractor's Signature
Date Prime Bidder's Signature
FY 2011,Carnegie Annex Parking Lot Repair M-2 Page 2 of 6
City Contract No.800 60163862
LETTER TO BE USED WHEN SOLICITING FOR SUBCONTRACTOR QUOTES
Subcontractor Company Name
Address
RE: Contract No. :
•
Dear
(Prime Contractor's Company Name) is presently soliciting for the following work in connection
with the above referenced project.
(Insert bid Item Nos. and Description of Work)
(Prime Contractor's Company Name) is an Equal Opportunity Employer, and all qualified
bidders will not be discriminated against due to race, religion, color, sex, or origin.
If interested in bidding your proposal must be turned in to this office by
and
(Date) (Time)
Sincerely,
(Prime Contractor's Representative)
Form CCO- 3 (11/28/2001)
FY 2011,Carnegie Annex Parking Lot Repair M-3 Page 3 of 6
City Contract No.800 60163862
LETTER OF INTENT TO BID
(MBE/WBE LETTER)
According to the Current MBE/WBE Contract Compliance Program - 2002, all MBE/WBE
Contractors interested in submitting subcontractor quotes on construction projects with goals,
MUST submit a LETTER OF INTENT TO BID to the City of Waterloo Contract Compliance
Officer at least seven (7) days prior to bid opening.
The LETTER OF INTENT TO BID must list the specific items which the MBE/WBE Contractor is
interested in bidding.
Letter should include the following:
Name of Project:
Your Company Name:
Address:
Phone: Date:
List of Specific items to be bid:
Item No. Description:
Item No. Description:
Item No. Description:
Item No. Description:
(Subcontractor's Company Name and authorized signature)
Return this LETTER OF INTENT TO BID to:
Contract Compliance Officer
Community Development Board
620 Mulberry St.
`- Carnegie Annex, Suite 202
Waterloo, IA 50703
Phone: (319) 291-4429
Form CCO-5 (06-20-2002)
FY 2011,Carnegie Annex Parking Lot Repair M-4 Page 4 of 6
City Contract No.800 60163862
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M-6
CERTIFIED
MBE / WBE CONTRACTORS
CITY OF WATERLOO, IOWA
innti
::te►'l oo \o
CONTRACT COMPLIANCE OFFICE
Community Development Board
Carnegie Annex, Suite 202
620 Mulberry Street
Waterloo, Iowa 50703
City WEB Site: www.ci.waterloo.ia.us
.-. Contract Compliance
WEB Site
for listing updates: http://www.wplwloo.lib.ia.us/contractcompliance/
Contact: Louis Starks, Contracts and Grants Coordinator
Email: louis.starks(aiwaterloo-ia.org
Phone: (319) 291-4429
Fax: (319) 291-4431
Contract No. 800
MBE WBE Certified Contractors List
Pace 1 of
►rt
CERTIFIED MBE CONTRACTORS
CARTER ELECTRIC
725 Adams Street
Waterloo, IA 50703
Phone: (319) 232-9808
Pager: (319)235-4021
.16, Contact: Derrick Carter
Specializing in:
ELECTRICAL CONTRACTOR
CULPEPPER ELECTRIC
1731 Cottage Grove Avenue
Waterloo, IA 50707
Phone: (319)235-0885
Fax: (319) 236-8177
Contact: Martin Culpepper
Certified: City of Waterloo Certified MBE, Licensed Electrician
Specializing in:
ELECTRICAL CONTRACTOR
DANIELS HOME IMPROVEMENT
339 Albany Street
Waterloo, IA 50703
Phone: (319) 961-1659
Contact: Sammy Daniels
Specializing in:
ALL TYPES OF CONCRETE FLATWORK, POURED WALLS—ALL TYPES, FOOTINGS,
LIGHT DEMOLITION
Contract No. 800
MBE/WBE Certified Contractors List
Page _ y r 5
CERTIFIED MBE CONTRACTORS
D.C. CORPORATION
426 Beech Street
Waterloo, IA 50703
Phone: (319) 236-9075
FAX: (319) 236-0515
Contact: Terry Phillips
Certified: City of Waterloo Certified MBE, Iowa DOT, TSB Certified
Specializing in:
COMMERCIAL AND RESIDENTIAL DEMOLITION, CONCRETE PAVING, DRIVEWAYS,
TRUCKING(ALL TYPES), GENERAL CONSTRUCTION
-.
GREER'S WORKS
2003 Plainview Street
Waterloo, IA 50703
Phone: (319)233-4701
Contact: Willie Greer
Specializing in:
DRIVEWAYS, SIDEWALKS, CARPENTRY, ROOFING, GENERAL CONSTRUCTION
LOVE'S ENTERPRISE
"1 835 West Fifth St.
}
P.O. Box 246
Waterloo, IA 50704
Phone: (319) 233-3260
Contact: David Love
Certified: Iowa DOT, City of Waterloo Certified MBE
Specializing in:
CONCRETE PAVING, ASPHALT, DRIVEWAYS, SIDEWALKS, TRUCKING
•
Contract No. 800
MBE%WBE Certified Contractors List
Page _ of
OLD GREER'S WORKS
2309 Springview Street
Waterloo, IA 50707
Phone: (319) 233-2150
Contact: David L. Greer, Sr.
Specializing in:
GENERAL CONSTRUCTION
r,
PAULINE COMPANY, INC.
139 Clark Street
P. O. Box 1623
Waterloo, IA 50703
Phone: (319) 236-2345
FAX: (319) 236-1568
email: DJToay(aaol.com
Certified: Targeted Small Business, Iowa DOT, City of Waterloo Certified MBE
Contact: W.C. Stokes, Owner
Specializing in:
EROSION CONTROL, TRUCKING, GUARDRAIL, CLEARING AND GRUBBING
CONCRETE PAVING, ASPHALT, CURB AND GUTTER, DRIVEWAYS, SIDEWALKS,
MASONRY WORK, ROOFING, CD BASKETS, ROADWAY PIPE, TILE LOCATING,
REVETMENT, SHOULDERS, FIELD FENCE, GENERAL CONSTRUCTION WORK
QUICK CONSTRUCTION
", 217 Bates Street
Waterloo, IA 50703
Phone: (319) 215-4166
Contact: Leroy Harrington
Specializing in:
ALL TYPES OF CONCRETE FLATWORK AND GENERAL CONSTRUCTION
{
CHARLIE SCHAUF TRUCKING
627 Adams Street
Waterloo, IA 50703
Phone: (319) 232-4717
Contact: Charles Schauf
Specializing in:
TRUCKING
Contract No. 800
MBE/WBE Certified Contractors List
Page 4 of 5
CERTIFIED WBE CONTRACTORS
ATLAS PAINTING, INC.*
911 Sycamore Street
P.O. BOX 65
Waterloo, IA 50704
Phone: (319) 232-9164
Specializing in:
COMMERCIAL AND INDUSTRIAL PAINTING
PETERMAN & HAES CARPET ONE*
4003 University Avenue
Waterloo, IA 50701
Phone : (319) 233-6131
FAX: (319) 233-6133
email: JR11486@cfu.net
Certified: City of Waterloo WBE
Contact : Carol Reese
Specializing in:
FLOOR COVERING
WATCO CONSTRUCTION, INC.*
2920 Texas Street
Waterloo, IA 50702
Phone : (319) 233-7481
Certified: City of Waterloo WBE
Contact : Patricia J. Kimball
Specializing in:
STORM SEWER, INLETS, DRAIN TILE, WATER MAIN, SANITARY SEWER, INTAKE
STRUCTURES
* DENOTES WOMEN BUSINESS ENTERPRISE
Contract No. 800
MVIBE%WBE Certified Contractors List
Pages of
STATEMENT OF BIDDER'S 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, and the month and year completed.
11. List your major equipment available for this contract.
12. Experience in construction work similar in importance to this project.
13. Background and experience of the principal members of your organization, including the officers.
14. Credit available: $
15. Give bank reference:
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?
FY 2011,Carnegie Annex Parking Lot Repair SB-1 Page 1 of 2
City Contract No.800 60163862
17. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any
information requested by the City of Waterloo, Iowa, in verification of the recitals comprising this
Statement of Bidder's Qualifications.
— Dated at , this_day of
, 200 .
(Name of Bidder)
By:
Title:
State of
) ss:
County of
, being duly sworn deposes and says
that he is of
(Name of Organization)
and that the answers to the foregoing questions and all statements therein contained are true and correct.
Subscribed and sworn to before me this day of
, 200
Notary Public
My commission expires ,
FY 2011, Carnegie Annex Parking Lot Repair SB-2 Page 2 of 2
City Contract No.800 60163862
GENERAL SPECIAL PROVISIONS
1. SCOPE OF WORK
The work covered by this contract consists of furnishing all labor, equipment, and materials and
performing all operations, in connection with the FY 2011, CARNEGIE ANNEX PARKING LOT
.. REPAIR, CITY CONTRACT NO. 800, as shown on the contract drawings and in accordance
with these specifications.
The contract drawings, which accompany and form a part of this contract and
specifications, are dated October 4, 2010, . They have the general title of FY
2011, CARNEGIE ANNEX PARKING LOT REPAIR, CITY CONTRACT NO. 800.
The drawings are identified and titled as follows:
SHEET NO. DESCRIPTION
Drawing
Number Title
1 Title Sheet
2 General Notes and Quantities
3 Demolition Plan
4 Basement Removal Plan
5 Wall Details
6 Jointing Plan
7 Jointing Details
2. CONFLICTING SPECIFICATIONS
All requirements of other specifications contained in the contract documents which conflict with
the provisions of the special provisions will be considered void.
3. DUMPING AREAS
Excess material resulting from construction operations shall be hauled to the County Landfill or
other area secured by the Contractor and approved by the City Engineer. Rubble, rubbish,
trees, brush, and other unsuitable backfill material, as designated by the City Engineer, shall be
hauled to the County Landfill. All Landfill charges are to be considered incidental to the contract
and are the responsibility of the Contractor.
4. CONSTRUCTION DAMAGE
The Contractor shall exercise care during construction operations to ensure the safety and
protection to existing features located near or within the limits of construction. Damage caused
by negligence or poor workmanship, as determined by the Engineer, shall be considered the
Contractor's responsibility.
FY 2011,Carnegie Annex Parking Lot Repair GSP-1 Page 1 of 4
City Contract No.800 60163862
5. REMOVED MATERIALS
All materials removed, as part of this Contract shall remain the property of the City unless the
City determines that the materials are not salvageable and the City does not want to retain
ownership of the materials. Materials designated in the field by the Engineer as non-
salvageable shall be hauled and disposed of by the Contractor at no cost to the City. All other
materials shall be transported to locations as directed by the Engineer. No separate
measurement or payment will be made for hauling or disposing of removed materials and it shall
be considered incidental to applicable items.
6. MAILBOXES
The Contractor shall notify the United States Postal Department of mailboxes that interfere with
any part of the work before removing them, and the Contractor will relocate them as required by
the Postmaster. The removal and replacement of mailboxes will not be considered for direct
payment, but will be considered incidental to the item to which it applies.
7. PAY ITEMS
All pay items are listed in the proposal and shall include the purchase of all materials, delivery of
these materials, and furnishing all labor, plant and miscellaneous work needed to make the item
complete. All such cost shall be incidental to the proposed item to which it applies and shall not
be considered for separate payment.
8. BREAKDOWN OF LUMP SUM CONTRACT PRICE ITEMS
The Contractor shall, immediately upon execution and delivery of the contract, before the first
estimate for payment is made, deliver to the City a detailed estimate giving a complete
breakdown of the lump sum contract prices. The submitted breakdown shall be approved by
the Engineer prior to any payment of any lump sum price item.
9. PERMISSION TO HAUL OVER STREETS, RAILROADS AND HIGHWAYS
The Contractor will be required to secure, from the proper authorities, permission or permit
which may be required to haul over streets, highways, railroads or private property, and any
hauling operations of the Contractor shall be subject to the requirements of such permits,
permission, and to all applicable regulations, laws, and ordinances governing hauling and
movement of equipment over streets, railroads, highways and private property. Any costs or
inconvenience caused by obtaining any necessary permits or permission shall be considered
completely covered by the price bid for the items in the proposal.
10. CONSTRUCTION SCHEDULING
The City shall approve Contractor's work schedule prior to starting. All revisions shall also be
— approved. The City may change the schedule to accommodate changing construction
conditions.
The Contractor shall coordinate the work under this contract with contractors performing work
under other contracts, which may be performed concurrently.
FY 2011,Carnegie Annex Parking Lot Repair GSP-2 Page 2 of 4
City Contract No.800 60163862
The Contractor shall be responsible to notify the Police, Fire, Street and Engineering
Departments of the closing and opening of streets.
The Contractor shall commence work within ten (10) days after receipt of the "Notice to
Proceed" and diligently execute the work of the contract to completion.
11. PRE-CONSTRUCTION CONFERENCE
Before any work is started, the Contractor shall arrange with the Engineer to hold a pre-
- construction conference to discuss problems and schedules of contracts.
12. UNDERGROUND UTILITIES
It is the responsibility of the Contractor to obtain the location of gas lines, water lines, electric,
telephone, and cable television cables or wires from the various utility companies and the City
electrician before starting any excavation. The Contractor shall be responsible for any damage
to any underground utilities. The Contractor shall expose those utilities indicated on the plans
so that elevations may be determined before beginning construction. This work shall be
considered incidental to other items of work.
If the Contractor believes that additional costs have been incurred due to a utility being
improperly located, the resolution of the additional costs incurred shall be made between the
-' Contractor and the respective utility company.
13. TRAFFIC SIGNS AND STREET SIGNS
The Contractor shall contact the City of Waterloo Traffic Operations Department to have any
street sign that will be affected by construction removed and replaced when the work has been
completed.
14. TRAFFIC CONTROL DURING CONSTRUCTION
The Contractor shall, at his own expense and without further or other order, provide, erect and
maintain, at all times during the progress and suspension of the work and until completion and
final acceptance thereof, suitable and requisite barricades, signs or other adequate protection,
as required by the latest edition of the "Iowa Manual on Uniform Traffic Control Devices for
Streets and Highways" and shall provide, keep and maintain such barricades, signs, etc., as
may be required or as may be ordered by the City Engineer, to ensure the safety of the public
as well as those engaged on the work. The City Engineer shall review all barricading plans.
The Contractor shall determine, provide and obtain approval from the City Engineer on all
detour locations for all street closings, barricades and posting prior to construction. These shall
meet requirements of the City Police Traffic Department. The Contractor shall notify the City
Engineer's Office and the Police, Fire and Street Departments when the street is closed for
-- construction. All barricading shall be in accordance with the latest edition of the "Iowa Manual
on Uniform Traffic Control Devices for Street and Highways." Encapsulated lens sheeting is not
required on this project.
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City Contract No.800 60163862
15. GRADES, LINES, LEVELS AND SURVEYS
All necessary grades, lines, levels and surveys shall be established by the City of Waterloo and
maintained by the Contractor.
The Contractor shall verify all grades, lines, levels and dimensions as shown on the drawings,
and he shall report any errors or inconsistencies in the same to the City Engineer before
commencing work.
16. SAFETY OF WORKERS AND PUBLIC
The Contractor shall, at all times, take necessary precautions to protect the life and health of all
persons employed on this project and the public. He shall provide necessary safety devices
and safeguards in accordance with latest and best accident prevention practices. All such
protection shall be furnished to employees without cost.
No direct measurement of payment shall be made for this protection, but shall be considered
incidental to other items of work. The public shall be kept outside of any work area.
— 17. WORKING ON SATURDAYS, SUNDAYS AND LEGAL HOLIDAYS
The Contractor shall notify the City Engineer in writing forty-eight (48) hours in advance if work
on Saturday is planned. By noon the Friday before the planned Saturday work, the Contractor
shall confirm the Saturday work schedule with the project inspector.
-- Work on Sunday requires prior approval of the City Engineer in accordance with the Waterloo
Standard Specifications. The Contractor shall not work the following days in 2010 due to City
holidays: November 11, November 25-29, December 23-27 and December 31.
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City Contract No.800 60163862
SPECIAL PROVISIONS
1. LIQUIDATED DAMAGES
Time is an essential element of this contract. It is important that the work be diligently pursued to
-' completion. If the work is not completed within the specified contract period, plus authorized extensions,
the Contractor shall pay to the City Liquidated Damages in the amount of$300.00 per day, for each day,
as further described herein, in excess of the authorized time.
Days beyond the specified completion date for which Liquidated Damages will be charged will be working
days that the Contractor does, or could have worked from Monday through Saturday. Sundays will be
counted only if work is performed. Partial working days will be considered as a full working day. Days not
chargeable for Liquidated Damages will include rain days, Sundays if no work is done, and legal holidays.
Working days will cease to be charged when only punch list items remain to be completed. Punch list
item do not include contract bid items or approved change/extra work orders.
When the Contractor believes the project to be substantially completed, a written notice stating the same
shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract
extends beyond the normal construction season for such work, the Contractor shall submit to the City
Engineer in writing a request that working days counted toward the project be suspended until work is
resumed the following construction season.
This amount is not construed as a penalty. These damages are for the cost to the City of providing the
required additional inspection, engineering and contract administration.
2. HAUL ROUTES
Haul routes to and from the project site shall be submitted for review by the City Engineer. In general, the
Contractor shall request haul routes over the main streets in the area, staying on streets within the project
as much as possible and should not include truck-embargoed streets.
3. STANDARD SPECIFICATIONS
The Standard Specifications, which may be referenced in the contract documents, refer to:
WATERLOO STANDARD SPECIFICATIONS - "Standard Specifications for Municipal Public Works
Construction, City of Waterloo, Iowa."
IDOT STANDARD SPECIFICATIONS - "Standard Specifications for Highway and Bridge Construction,
Iowa Department of Transportation, Series 2009, plus General Supplemental Specifications, and
applicable Supplemental Specifications, Developmental Specifications, and Special Provisions shall
apply."
4. PERCENT OF CONTRACT TO BE PERFORMED BY CONTRACTOR
The prime contractor shall be required to perform at least 35 percent of the total contract amount of the
project.
FY 2011,Carnegie Annex Parking Lot Repair SP-1 Page 1 of 1
City Contract No.800 60163862
5. SPECIAL PROVISIONS
Standard Specifications are amended by the following additions. These are Special Provisions and shall
prevail over those published in the Standard Specifications.
Section 100 - Earthwork
Section 101 - Pavement
Section 102 - Removals, As Per Plan
Section 103 -Cast-in-Place Concrete
Section 104- Removal of Pavement
Section 105- Safety Closure
Section 106 - Pavement Markings
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City Contract No.800 60163862
SECTION 100
EARTHWORK
Embankment-in-Place
Excavation, Class 10, Roadway and Borrow
Compaction With Moisture and Density Control
100-1 GENERAL
A. Description:
1. This section shall cover all earthwork to be encountered in this project. Any work not
specifically listed as a bid item or mentioned in the method of measurement will be
considered as incidental to the work to which it pertains and will not be paid separately.
2. Embankment-in-Place shall be in accordance with Section 2102 of the IDOT
Specifications.
3. Class 10 Excavation shall consist of excavation, grading, borrow, construction of slopes
and embankments necessary for the construction of the alley to the lines, grades and
dimensions shown on the drawings and in accordance with these specifications. Type A
compaction is required.
4. Compaction With Moisture and Density Control shall be in accordance with Section 2107
of the IDOT Specifications.
100-2 SPECIFICATIONS
— A. IDOT Specifications:
1. Term "IDOT Specifications" in this section refers to Standard Specifications for Highway
and Bridge Construction, Series of 2009, Iowa Department of Transportation, including
current revised and supplemental specifications.
2. Construction shall be in accordance with Sections 2102 and 2107 of the IDOT
Specifications, except as amended herein.
100-3 EXECUTION
A. Embankment-in-Place shall be in accordance with Section 2102 of the IDOT Specifications.
B. Class 10 Excavation, Roadway and Borrow:
1. The work described under Class 10 Excavation shall be in accordance with IDOT
Specification 2102 and shall be finished in a workmanlike manner to the lines, grades
and elevations shown on the drawings.
2. Overhaul will not be measured or paid for separately for this project, but will be
considered incidental to this bid item.
_ C. Compaction With Moisture and Density Control shall be in accordance with Section 2107 of the
IDOT Specifications.
100-4 METHOD OF MEASUREMENT AND BASIS OF PAYMENT
A. Method of Measurement:
FY 2011, Carnegie Annex Parking Lot Repair 100-1 60163862
City Contract No. 800
— 1. Embankment-in-Place. Embankment-in-Place will be measured in cubic yards per IDOT
Standard Specifications.
2. Excavation, Class 10, Roadway and Borrow. Class 10 Excavation will be measured in
cubic yards per IDOT Standard Specifications.
3. Compaction With Moisture and Density Control. Compaction With Moisture and Density
Control will be measured in cubic yards per IDOT Standard Specifications.
B. Basis of Payment:
1. Payment for the items listed in the Method of Measurement section will be determined by
multiplying the item quantity (as determined in the Method of Measurement) by the unit
price on the Proposal Form in accordance with the Standard Specifications.
* ** END OF SECTION ** *
FY 2011, Carnegie Annex Parking Lot Repair 100-2 60163862
City Contract No. 800
SECTION 101
PAVEMENT
Standard or Slip Form PCC Pavement, Class C. Class 3 Durability, 6-In.
Sidewalk, PC Concrete, 5-In.
101-1 GENERAL
A. The work covered in this section of the specifications consists of the construction of Portland cement
concrete pavements at the location and thickness shown on the plans.
101-2 SPECIFICATIONS
A. IDOT Specifications-Standard Specifications for Highway and Bridge Construction, Iowa Department
of Transportation, Series of 2009 and all current Supplemental Specifications.
B. Construction shall be in accordance with Section 2301 of the IDOT Specifications,except as modified
below.
C. ASTM -American Society for Testing Materials.
D. AASHTO -American Association of State Highway and Transportation Officials.
101-3 QUALITY ASSURANCE
A. REQUIRED CERTIFICATIONS
1. Certification of P.C. concrete ingredients from materials producers.
2. A mix design in accordance with these specifications shall be submitted and certification from
the supplier that the P.C. concrete furnished for this project meets the submitted mix design.
101-4 MATERIALS
A. P.C.concrete paving shall be standard or slip formed, nonreinforced in accordance with Section 2301
of the IDOT Specifications.
1. Concrete shall be Class C, Mix No. C-4. The use of water reducing admixtures and fly ash
are allowed within the limitations of IDOT Specification Section 2301.
2. Aggregate durability shall be Class 3 or better.
B. Curing compound for paving shall meet the requirements of Section 4105 of the IDOT Specifications.
C. Joint sealer for paving and approach expansion and contraction joints shall be in accordance with one
of the appropriate materials specified in Section 4136 of the IDOT Specifications.
D. Reinforcement for paving shall meet the requirements of Section 4151 of the IDOT Specifications.
101-5 EXECUTION
A. Construction of P.C. concrete paving shall meet the requirements of Section 2301 of the IDOT
Specifications and shall be completed in a workmanlike manner to the lines, grades, thicknesses,
typical cross sections and elevations shown on the Drawings.
_ B. Section 2316, Pavement Smoothness, shall not apply to this project.
C. No adjustment in unit price will be made using paving thickness index for this project.
FY 2011, Carnegie Annex Parking Lot Repair 101-1 60163862
City Contract No. 800
101-6 METHOD OF MEASUREMENT AND BASIS OF PAYMENT
A. METHOD OF MEASUREMENT
1. Standard or Slip Form PCC Pavement, Class C, Class 3 Durability, 6-In. The Engineer will
measure the square yards placed in accordance with the Contract Documents.
2. Sidewalk, PC Concrete, 5-In. The Engineer will measure the square yards of sidewalk
placed in accordance with the Contract Documents.
B. BASIS OF PAYMENT
—' 1. Payment for the items listed in the Method of Measurement section will be determined by
multiplying the item quantity(as determined in the Method of Measurement)by the unit price
on the Proposal Form in accordance with the Standard Specifications.
*** END OF SECTION ***
FY 2011, Carnegie Annex Parking Lot Repair 101-2 60163862
City Contract No. 800
SECTION 102
REMOVALS, AS PER PLAN
102-1 DESCRIPTION
A. Work under this section includes the removal of the existing basement structure as shown in the
project plans.
102-2 SPECIFICATIONS
A. IDOT Specifications:
1. Term "IDOT Specifications" in this section refers to Standard Specifications for Highway
and Bridge Construction, Series of 2009, Iowa Department of Transportation, including
current revised and supplemental specifications.
102-3 EXECUTION
A. Construction shall be in accordance with Sections 2401 of the IDOT Specifications and as
indicated in the project plans.
102-4 METHOD OF MEASUREMENT AND BASIS OF PAYMENT
A. Method of Measurement:
1. Removals. As Per Plan. No separate measurement will be made for Removals, As Per
Plan.
B. Basis of Payment:
1. Payment for the items listed in the Method of Measurement section will be determined by
multiplying the item quantity (as determined in the Method of Measurement) by the unit
price on the Proposal Form in accordance with the Standard Specifications.
*** END OF SECTION ** *
FY 2011, Carnegie Annex Parking Lot Repair 102-1 60163862
City Contract No. 800
SECTION 103
CAST-IN-PLACE CONCRETE
Structural Concrete (Miscellaneous)
Reinforcing Steel
103-1 GENERAL
A. The work covered in this section of the specifications consists of the construction of cast-in-place
Portland cement retaining walls of varying dimensions at the location shown on the plans.
103-2 SPECIFICATIONS
A. IDOT Specifications: Standard Specifications for Highway and Bridge Construction, Iowa
Department of Transportation, Series of 2009, and all current Supplemental Specifications.
B. Construction shall be in accordance with Sections 2403 and 2404 of the IDOT Specifications,
except as modified below.
C. ASTM: American Society for Testing Materials.
D. AASHTO: American Association of State Highway and Transportation Officials.
103-3 QUALITY ASSURANCE
A. Required Certifications:
1. Certification of PC concrete ingredients from materials producers.
2. A mix design in accordance with these specifications shall be submitted and certification
from the supplier that the PC concrete furnished for this project meets the submitted mix
design.
103-4 MATERIALS
A. PC concrete retaining walls shall be cast-in-place, reinforced PCC in accordance with Section
2403 of the IDOT Specifications and the project plans.
1. Concrete shall be Class C. The use of admixtures and flyash are allowed within the
limitations of IDOT Specifications Section 2403.
2. Aggregate durability shall be Class 2 or better.
B. Structural concrete shall be wet cured.
C. Reinforcement for retaining walls shall meet the requirements of Sections 2404 and 4151 of the
IDOT Specifications.
103-5 EXECUTION
A. Construction of PC concrete retaining walls shall meet the requirements of Section 2403 of the
IDOT Specifications and shall be completed in a workmanlike manner to the lines, grades,
thicknesses, typical cross sections and elevations shown on the Drawings.
B. Reinforcement shall be furnished and placed in accordance with Section 2404 of the IDOT
Specifications.
FY 2011, Carnegie Annex Parking Lot Repair 103-1 60163862
City Contract No. 800
103-6 METHOD OF MEASUREMENT AND BASIS OF PAYMENT
A. Method of Measurement:
1. Structural Concrete (Miscellaneous). Structural Concrete (Miscellaneous) will be
measured in cubic yards per IDOT Specifications.
2. Reinforcing Steel. Reinforcing Steel will be measured in pounds per IDOT Specifications.
B. Basis of Payment:
1. Payment for the items listed in the Method of Measurement section will be determined by
multiplying the item quantity (as determined in the Method of Measurement) by the unit
price on the Proposal Form in accordance with the Standard Specifications.
* * * END OF SECTION ** *
FY 2011, Carnegie Annex Parking Lot Repair 103-2 60163862
City Contract No. 800
SECTION 104
REMOVAL OF PAVEMENT
104-1 DESCRIPTION
A. Work under this section includes removal of pavement.
104-2 SPECIFICATIONS
A. IDOT Specifications:
1. Term "IDOT Specifications" in this section refers to Standard Specifications for Highway
and Bridge Construction, Series of 2009, Iowa Department of Transportation, including
current revised and supplemental specifications.
104-3 EXECUTION
A. Construction shall be in accordance with Section 2510 of the IDOT Specifications.
104-4 METHOD OF MEASUREMENT AND BASIS OF PAYMENT
A. Method of Measurement:
-- 1. Removal of Pavement. Removal of Pavement will be measured in square yards per
IDOT Specifications.
B. Basis of Payment:
1. Basis of Payment. Payment for the items listed in the Method of Measurement section
will be determined by multiplying the item quantity (as determined in the Method of
Measurement) by the unit price on the Proposal Form in accordance with the Standard
Specifications.
* ** END OF SECTION ** *
FY 2011, Carnegie Annex Parking Lot Repair 104-1 60163862
City Contract No. 800
SECTION 105
SAFETY CLOSURE
Safety Closure
105-1 DESCRIPTION
A. The work under this item includes safety closure installation during construction as shown in the
Contract Documents.
105-2 SPECIFICATIONS
A. IDOT Specifications:
1. Term "IDOT Specifications" in this section refers to Standard Specifications for Highway
and Bridge Construction, Series of 2009, Iowa Department of Transportation, including
current revised and supplemental specifications.
105-3 EXECUTION
A. Provide safety closures in accordance with Section 2518 of the IDOT Specifications and as
shown in the Contract Documents.
105-4 METHOD OF MEASUREMENT AND BASIS OF PAYMENT
A. Method of Measurement:
1. Safety Closure. Safety Closures will be measured each per IDOT Specifications.
B. Basis of Payment:
1. Payment for the items listed in the Method of Measurement section will be determined by
multiplying the item quantity (as determined in the Method of Measurement) by the unit
price on the Proposal Form in accordance with the Standard Specifications.
*** END OF SECTION ** *
FY 2011, Carnegie Annex Parking Lot Repair 105-1 60163862
City Contract No. 800
SECTION 106
PAVEMENT MARKINGS
Painted Pavement Markings,Waterborne or Solvent-Based
106-1 DESCRIPTION
A. Work under this section includes furnishing, installation and maintenance of pavement markings.
106-2 SPECIFICATIONS
A. IDOT Specifications:
1. Term "IDOT Specifications" in this section refers to Standard Specifications for Highway
and Bridge Construction, Series of 2009, Iowa Department of Transportation, including
current revised and supplemental specifications.
106-3 EXECUTION
A. Provide painted pavement markings in accordance with Section 2527 of the IDOT Specifications
and as indicated in the Contract Documents.
106-4 METHOD OF MEASUREMENT AND BASIS OF PAYMENT
-- A. Method of Measurement:
1. Painted Pavement Markings, Waterborne or Solvent-Based. Pavement Markings will be
measured in stations per IDOT Specifications.
B. Basis of Payment:
1. Payment for the items listed in the Method of Measurement section will be determined by
multiplying the item quantity (as determined in the Method of Measurement) by the unit
price on the Proposal Form in accordance with the Standard Specifications.
*** END OF SECTION
FY 2011, Carnegie Annex Parking Lot Repair 106-1 60163862
City Contract No. 800
GENERAL SPECIFICATIONS FOR CONSTRUCTION
CITY OF WATERLOO, IOWA
Department of Engineering
SECTION A- Definitions of Terms
SECTION B - Scope of work
-- SECTION C - Control of Materials and Work
SECTION D - Procedure and Progress
SECTION E - Measurements and Payments
SECTION F - Legal Relations and Responsibility
SECTION A- DEFINITIONS OF TERMS
1. CITY. The City of Waterloo, Iowa, which is the Party of the First Part of the
accompanying contract, acting through its authorized representative.
2. COUNCIL. The duly elected Council of the City of Waterloo, Iowa.
3. CITY ENGINEER. The City Engineer of Waterloo, Iowa, or his authorized
representative.
4. INSPECTOR. The authorized representative of the City Engineer, assigned to the
detailed inspection of the work or materials therefor and to such other duties as may be delegated to
him in these specifications.
5. CONTRACTOR. The Party of the Second Part in the accompanying contract for the
improvement covered by these specifications, or his authorized representative.
6. SUBCONTRACTOR. Any person, firm, or corporation who has, with the approval of the
Council, contracted with the Contractor to execute and perform in his stead all or any part of the
contract.
7. BIDDER. Any individual, firm, or corporation submitting a proposal for all or a part of the
work provided for in these specifications.
8. PROPOSAL GUARANTEE. The security designed in the Notice of Bidders or Proposal
to be furnished by the bidder as a guarantee of good faith to enter into a contract and furnish an
acceptable bond for the work contemplated if it be awarded him.
9. SURETY. The corporate body bound with and for the Contractor for the acceptable
performance of the contract.
10. PROPOSAL. The written Proposal, submitted by the bidder in the prescribed manner
and on the standard form, for the improvements covered by these specifications.
FY 2011,Carnegie Annex Parking Lot Repair GS-1 Page 1 of 15
City Contract No.800 60163862
11. SPECIFICATIONS. The documents that set forth the manner in which the proposed
work is to be accomplished which have been prepared by the City Engineer and approved by the City
Council, official copies of which are now on file with the City Clerk.
12. SPECIAL PROVISIONS. Clauses or memoranda not contained herein, applying to the
contract of which these specifications are a part, which change or supplement these specifications.
13. CONTRACT. The agreement entered into between the City and the Contractor, setting
forth the terms under which the work covered by the plans and specifications is to be performed. The
contract includes all conditions, definitions, and instructions set forth in the official publications relating
to the work, the official contract and specifications, the Proposal, official plans, and all supplemental
agreements entered into by the parties to the contract.
14. NOTICE TO BIDDERS. The notice called attention of bidders to the time and place for
receiving bids, containing a brief description of the work, and briefly setting forth the requirements and
conditions for submission of Proposals.
15. INSTRUCTIONS TO BIDDERS. The clauses setting forth in detail the information
relative to the proposed work and requirements for the submission of Proposals.
16. PLANS. The plans for the improvement covered by the specifications and approved by
the Council, official copies of which are on file with the City Clerk.
17. CONTRACT BOND. The bond executed by the Contractor and his surety in favor of the
City of Waterloo, Iowa, guaranteeing the complete execution of the contract in accordance with the
plans and specifications, the payment of all debts pertaining to the work, and maintenance of the work
as provided by law or by the specifications.
18. CONTRACT PERIOD. The period from the specified date for beginning the work to the
specified date of completion, both dates inclusive. The contract period may be extended by the
Council, as provided in these specifications, in which event the contract period includes the new date of
completion.
19. OFFICIAL PUBLICATIONS. The official publications are the formal resolutions and
notices relative to the proposed improvement that are required by law to be published in a prescribed
manner and that have actually been published in accordance with the statutes relating thereto.
Attention is directed to the fact that these official publications are by statute vested with all of the force
and effect of contract obligations.
20. A.S.T.M. Abbreviation for American Society for Testing Materials.
21. WORK. The term "Work" of the Contractor and Subcontractor includes labor or
materials or both, equipment, transportation, or other facilities necessary to complete the contract.
22. TIME. All time limits stated in the contract documents are of the essence in the contract.
FY 2011,Carnegie Annex Parking Lot Repair GS-2 Page 2 of 15
City Contract No.800 60163862
SECTION B - SCOPE OF WORK
1. CORRELATION AND INTENT OF DOCUMENTS. The Contract documents are
complementary, and what is called for by any one shall be as binding as if called for by all. The
intention of the documents is to include all labor, materials, equipment, and transportation necessary for
the proper execution of the work. Materials or work described in words which, so applied, have a well-
- known technical or trade meaning shall be held to refer to such recognized standard.
2. DRAWINGS AND SPECIFICATIONS. Unless otherwise provided in the contract
-- documents, the City Engineer shall furnish to the Contractor, free of charge, all copies of drawings and
specifications reasonably necessary for the execution of the work.
The Contractor shall keep one (1) copy of all drawings and specifications on the work available
to the City Engineer and to his representatives.
3. CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the Contractor
has, by careful examination, satisfied himself as to the nature, character and location of the work, the
conformance to the ground, the character, quality, and quantity of the materials to be encountered, the
character of the equipment and facilities needed preliminary to and during the prosecution of the work,
the general and local conditions, and all other matters which can, in any way, affect the work under this
contract. No verbal agreement or conversation with any officer, agent, or employee of the City, either
before or after the execution of the Contract, shall affect or modify any of the terms or obligations herein
contained.
4. REPORTING ERRORS AND DISCREPANCIES. If the Contractor, in the course of the
work, finds any discrepancies between the plans and the physical conditions of the locality, or any
errors of omission in plans or in the layout as given by said stakes and instructions, it shall be his duty
to inform the City Engineer immediately, in writing, and the City Engineer shall promptly correct the
same.
5. ALTERATION OR CORRECTION OF PLANS. The plans are made up from surveys
r that are presumably correct and represent the foreseen construction requirements. Any modification of
the plans which may be required by the exigencies of the construction or any corrections made
necessary because of errors in the original surveys, will be made by the City Engineer. Should
_ corrections or modifications of the plans or specifications require a different quality or class of work than
that upon which the unit prices in the Proposal are based, or if the modifications or corrections are
required in parts of the work partially completed and such modifications result in an increased cost to
the Contractor, the amount to be paid for work resulting from such changes shall be agreed upon in
writing at the time the changes are ordered and before the work is begun by the Contractor. No
allowance will be made for anticipated profits on work not performed.
6. CHANGES IN THE WORK. The City, without invalidating the contract, may order extra
work or make changes by altering, adding to, or deducting from the work, the contract sum being
adjusted by agreement or arbitration before such changed work is undertaken. All such work shall be
executed under the conditions of the original contract, except that any claim for extension of time
caused thereby shall be adjusted at the time of ordering such change.
7. INCREASED OR DECREASED QUANTITIES. The right is reserved without impairing
the contract, to order the performance of such work of a class not contemplated in the Proposal or to
increase or decrease the quantities as may be considered necessary to complete fully and satisfactorily
the work included in the contract. However, when the work is completed without change in the plans,
FY 2011,Carnegie Annex Parking Lot Repair GS-3 Page 3 of 15
City Contract No.800 60163862
and the measured quantity of any item of work varies by more than twenty percent (20%) from the
estimated quantity specified in the contract, an adjustment in price may be made for such item of work
by agreement between the City Engineer and the Contractor, subject to the approval of the City
Council. Either party to the contract may request such an adjustment.
8. LANDS AND RIGHT OF WAY. The City shall provide the lands upon which the work
under this contract is to be done, except that the Contractor shall provide land required for the erection
of temporary construction facilities and storage of his material, together with the right of access to
same.
9. CITY WATER. The Contractor shall be allowed to use City Water but before any water is used,
he shall make application to the Waterloo Water Works for a temporary water connection from a fire hydrant or by
some other connection method. Water usage will be charged at the rate for temporary water service. The rules,
"— regulations, and water rates are available at the Waterloo Water Works offices at 325 Sycamore Street or their
telephone number is 319-232-6280.
10. RIGHTS OF VARIOUS INTERESTS. Whenever work being done by the City's forces or
by other Contractors is contiguous to work covered by this contract, the respective rights of the various
interests involved shall be established by the City Engineer to secure the completion of the various
portions of the work in general harmony.
11. CLOSING STREETS TO TRAFFIC. The City Engineer shall be the judge of how many
streets or parts of streets it is necessary for the Contractor to close at any time and may refuse to
permit the closing of additional streets until such of the work is finished and opened to traffic as he may
direct.
12. OBSTRUCTION OF STREETS. The work is to be carried on in such manner as to
obstruct the streets, highways, and alleys as little as possible. The Contractor shall carry on the
different parts of the work so as to complete the whole, as nearly as practicable, at the same time. In
"- doing the work, the Contractor shall follow the directions of the City Engineer as to the place or places
where work shall be started or be carried on and the direction in which it shall be done.
-- 13. SHANTIES AND BUILDINGS. Shanties or other buildings shall not be erected in or
upon any street, highway, or alley without permission of the City Engineer. If such permission be
granted, it may be upon any reasonable terms prescribed by the person or body granting such
— permission.
14. SANITARY CONVENIENCES. The Contractor shall furnish the necessary sanitary
conveniences, properly secluded, for the laborers on the work, and these shall be maintained in a
manner that will be inoffensive to the public.
— 15. CLEANING UP. The Contractor shall, as directed by the City Engineer, remove from
the City's property and from all public and private property, at his own expense, all temporary
structures, rubbish, and waste materials resulting from his operations before work can be considered
completed. The Contractor shall also renew or replace any and all fences, sidewalks, or other property
— damaged or disturbed by his work.
16. OMISSION OF PARTS OF GENERAL SPECIFICATIONS. Parts of the General
Specifications deemed not to apply to some particular work may be omitted by special reference in
other parts of the contract documents.
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SECTION C - CONTROL OF MATERIALS AND WORK
1. SUPERVISION AND INSPECTION. The City Engineer shall have supervision of the
construction provided for in this Contract and shall decide any and all questions which may arise as to
the quality and acceptability of materials furnished, work performed, manner of performance, rate of
progress on the work, and all questions regarding the acceptable fulfillment of the terms of the
Contract. Materials and construction work shall, at all times, be subject to the inspection of the City
Engineer or his representatives. The Contractor shall be held strictly to the true intent of these
specifications as regards the quality of materials, workmanship, and the diligent prosecution of the
work.
The City Engineer and his representatives shall, at all times, have access to the work wherever
it is in preparation of progress, and the Contractor shall provide proper facilities for such access and for
inspection.
If the specifications, the City Engineer's instructions, law ordinances, or any public authority
require any work and/or materials to be especially tested or approved, the Contractor shall give the City
Engineer timely notice of readiness for inspection. If the inspection is to be made by authority other
—' than the City Engineer, the Contractor shall notify the City Engineer of the date fixed for inspection.
Inspections by the City Engineer will be promptly made and, where practicable, at the source of supply.
If any work should be covered up without the approval or consent of the City Engineer, it must, if
required by the City Engineer, be uncovered for examination at the Contractor's expense.
Re-examination of questioned work may be ordered by the City Engineer, and, if so ordered, the
work must be uncovered by the Contractor. If such work be found in accordance with the Contract, the
City shall pay the cost of re-examination and replacement. If such work be found not in accordance
with the Contract, the Contractor shall pay such cost unless he shall show that the defect in the work
was caused by another Contractor, and, in that event, the City shall pay the cost.
2. AUTHORITIES AND DUTIES OF INSPECTORS. Inspectors may be stationed on the
work to report to the City Engineer as to the progress of the work and the manner in which it is being
performed; also, to report whenever it appears that materials furnished and work performed by the
Contractor fail to fulfill the requirements of the specifications and Contract, and to direct the attention of
the Contractor to such failure or infringement; but such inspection shall not relieve the Contractor from
any obligations to furnish acceptable materials or to provide completed construction that is satisfactory
in every particular.
In case of any dispute arising between the Inspector and the Contractor as to materials
furnished or the manner of performing the work, the Inspector shall have the authority to reject
materials or suspend the work until the question at issue can be referred to and decided by the City
Engineer. Inspectors are not authorized to revoke, alter, enlarge, relax, or release any requirements of
these specifications. The Inspector shall, in no case, act as foreman or perform other duties for the
Contractor, or interfere with the management of the work by the latter.
3. STATUS OF THE CITY ENGINEER. The City Engineer shall have general supervision
and direction of the work. He has authority to stop the work whenever such stoppage may be
necessary to insure the proper execution of the Contract. He shall also have authority to reject any
work and/or materials which do not conform to the specifications, to direct the application of forces to
any portion of the work as, in his judgment, is required, and to order the force increased or diminished,
and to decide questions which arise in the execution of the work.
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4. CITY ENGINEER'S DECISIONS. The City Engineer shall, within a reasonable time,
make decisions on all claims of the Contractor and on all other matters relating to the execution and
progress of the work or the interpretation of the contract documents.
All such decisions of the City Engineer shall be final except as to the element of time and
financial consideration involved, which, if no agreement in regard thereto is reached, shall be subject to
arbitration.
5. STAKES AND INSTRUCTIONS. The Contractor shall provide reasonable and
necessary opportunities and facilities for setting stakes and making measurements. The Contractor
shall not furnish stakes or men to set them. He shall not proceed until he has received from the City
Engineer such stakes and instructions as may be necessary to the progress of the work.
The Contractor shall carefully preserve bench marks, reference points, and stakes, and in case
_ of willful or careless destruction, he shall be charged with the resulting extra expense and shall be
responsible for any mistakes that may be caused, by their loss or disturbance.
6. SUPERINTENDENCE. The Contractor shall keep on his work during its progress a
competent superintendent and any necessary assistants, all satisfactory to the City Engineer. The
Superintendent shall not be changed except with the consent of the City Engineer, unless the
Superintendent proves to be unsatisfactory to the Contractor and ceases to be in his employ. The
Superintendent shall represent the Contractor in his absence, and all directions given to him shall be as
binding as if given to the Contractor. Important decisions shall be confirmed in writing to the
Contractor. Other directions shall be so confirmed on written request in each case.
The Contractor shall give efficient supervision to the work using his best skill and attention. He
shall carefully study and compare all drawings, specifications, and other instructions, and shall report at
once to the City Engineer any error, inconsistency, or omission which he may discover.
7. REMOVAL OF UNAUTHORIZED WORK. Work done without lines and grade being
given, work done beyond lines shown on the plans or as given, except as herein provided, or any extra
or additional work done without authority, will be considered as unauthorized and at the expense of the
Contractor and will not be paid for under the provisions of the Contract. Work so done may be ordered
removed and replaced at the Contractor's expense.
8. REMOVAL OF DEFECTIVE MATERIALS OR WORK. The Contractor shall promptly
remove from the premises all materials condemned by the City Engineer as failing to conform to the
Contract; whether incorporated in the work or not, and the Contractor shall promptly replace and re-
execute his own work in accordance with the contract and without expense to the City, and shall bear
the expense of making good all work of other Contractors destroyed or damaged by such removal or
-- replacement.
If the Contractor does not remove such condemned work and materials within a reasonable
— time, fixed by written notice, the City may remove them and may store the material at the expense of
the Contractor. If the Contractor does not pay the expense of such removal within a reasonable time
thereafter, the City may, upon ten (10) days' written notice, sell such materials at auction or at private
sale and shall account for the net proceeds thereof, after deducting all the costs and expense that
should have been borne by the Contractor; or, if the net proceeds of such sale are insufficient to pay
the expenses of removal, the City may deduct the balance from any amounts due the Contractor.
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9. MATERIALS, EQUIPMENT, APPLIANCES, AND FACILITIES. Unless otherwise
stipulated, the Contractor shall provide and pay for all materials, labor, water, tools, equipment, light,
power, transportation, and other facilities necessary for the execution and completion of the work.
Materials shall be of the quality specified for each particular part of the work.
Whenever, in construction of the work or in the manufacture of any article of appliance
necessary for the construction or operation of the work, it is necessary to use any material that is not
fully specified in these specifications, it shall be of good quality and shall meet with the approval of the
City Engineer.
Any appliance that is necessary for the construction or operation of the work and is commonly
recognized as a part of the work, shall be furnished by the Contractor as part of the work, whether or
not it is specifically called for in the plans and specifications, and such appliance shall be of good
quality and standard make and shall meet with the approval of the City Engineer.
_ 10. MATERIAL SAMPLES. Before the contract is awarded, the bidder may be required to
furnish a statement of the origin, composition, and manufacture of any and all materials proposed for
use in the performance of the Contract, together with samples of the material. These samples will be
considered as representative and typical of the material to be obtained from any particular source.
11. CHARACTER OF WORKMEN AND EQUIPMENT. The Contractor shall employ
competent and efficient workmen for every kind of work. Any person employed on the work who shall
refuse or neglect to obey the directions of the City Engineer or Inspector, or who shall be deemed
incompetent or disorderly, or who shall commit trespass upon public or private property in the vicinity of
the work, shall be dismissed when the City Engineer so orders, and shall not be re-employed unless
express permission be given by the City Engineer. The Contractor shall, at all times, enforce discipline
and good order among his employees.
The methods, equipment, and appliances used on the work, and the labor employed, shall be
such as will produce a satisfactory quality of work and shall be adequate to complete the contract within
the specified time limit.
12. HIRING CITY EMPLOYEES. The Contractor shall not employ and hire any of the City's
employees without the permission of the City Engineer.
13. LABOR. Local labor shall be given preferences so far as practicable.
14. THE CITY'S RIGHT TO DO WORK. If the Contractor should neglect to prosecute the
work properly or fail to perform any provision of this Contract, the City of Waterloo, after three (3) days'
written notice to the Contractor may, without prejudice to any other remedy he may have, make good
such deficiencies and may deduct the cost thereof from the payment then or thereafter due the
Contractor, provided, however, that the City Engineer shall approve both such action and the amount
charged to the Contractor.
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City Contract No.800 60163862
SECTION D - PROCEDURE AND PROGRESS
1. ORDER OF COMPLETION - USE OF COMPLETED PORTIONS. The Contractor shall
complete any portion or portions of the work in such order or time as the City Engineer may require.
The City shall have the right to take possession of and use completed or partially completed portion of
the work at any time, but such taking possession and use shall not be deemed an acceptance of work
so taken or used, or any part thereof. If such prior use increases the cost of or delays the work, the
Contractor shall be entitled to such extra compensation or extension of time, or both, as the City
Engineer may determine.
2. WEATHER. During stormy or inclement weather, all work shall be suspended, except
such as can be done in an acceptable manner. Permission to work during freezing, stormy, or
inclement weather shall in no way be construed as a release of the Contractor's responsibility regarding
the quality of the finished work at such time.
_ 3. SUNDAYS AND LEGAL HOLIDAYS. Except for such work as may be required to
properly maintain or protect completed or partially completed construction or to maintain lights and
barricades, no work will be permitted on Sundays or legal holidays without specific permission of the
City Engineer.
4. DELAYS AND EXTENSION OF TIME. If the Contractor be delayed in the completion of
the work by an act of neglect of the City, or its employees; or by any other Contractor employed by the
City; or by changes ordered in the work; or by strikes, lockouts, fire, unusual delays in transportation,
unavoidable casualties, or any cause beyond the Contractor's control; or by delay authorized by the
City Engineer pending arbitration; or by any cause which the City Engineer shall decide justifies the
delay, then the time of completion shall be extended for such reasonable time as the City Engineer may
decide will compensate for such delay.
No such extension shall be made for delay occurring more than thirty (30) days before claim
therefor is made in writing to the City Engineer. In the case of a continuing cause of delay, only one
claim is necessary.
This article does not exclude the recovery of damages for delay by either party under provisions
in the contract documents.
5. TEMPORARY SUSPENSION OF WORK. The City Engineer shall have authority to
suspend the work, wholly or in part, for such period or periods of time as he may deem necessary, due
to unsuitable weather or such other conditions as are considered unfavorable for the suitable
prosecution of the work, or for such time as is necessary due to the failure to the Contractor to carry out
orders given or to perform any or all provisions of the Contract.
6. NOTICES - HOW SERVED. Any notice to be given by the City to the Contractor under
this contract shall be deemed to be served if the same be delivered to the man in charge of any office
used by the Contractor or his foreman or agent at or near the work, or deposited in the post office,
postpaid, addressed to the Contractor at his last known place of business.
7. PROGRESS OF WORK. The progress of the work shall be such that, at the expiration
of one-fourth (1/4) of the contract period, one-eighth (1/8) of the work shall be completed; at the
expiration of one-half (1/2) of the contract period, three-eighths (3/8) of the work shall be completed; at
the expiration of three-fourths (3/4) of the contract period, the work shall be three-fourths (3/4)
completed, and the whole work shall be completed at the expiration of the contract period.
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City Contract No.800 60163862
If, at any time the above schedule is not being maintained, the Council may give written notice
to the Contractor and his sureties that the specifications are not being complied with. Such notice shall
state what action on the part of the Contractor is required to bring the work within the requirements of
the specifications. If the Contractor fails, within ten (10) days, to proceed as directed in the said notice,
then the Council shall have authority to annul this contract without process or action at law and take
over the prosecution and completion of the work, as provided under the article covering City's right to
terminate contract.
8. CITY'S RIGHT TO TERMINATE CONTRACT. If the Contractor should be adjudged a
bankrupt; or if he should make a general assignment for the benefit of this creditor; or if a Receiver
should be appointed on account of his insolvency; or if he should persistently or repeatedly refuse or
should fail, except in cases for which extension of time is provided, to supply enough skilled workmen
or proper materials; or if he should fail to make prompt payment to Subcontractors or for materials or
labor; or if he should persistently disregard laws, ordinances, or the instructions of the City Engineer; or
-_ if he should otherwise be guilty of a substantial violation of any provision of the contract, then the City,
upon the certificate of the City Engineer that sufficient cause exists to justify such action, may, without
prejudice to any other rights or remedy, and after giving the Contractor seven (7) days' written notice,
terminate the employment of the Contractor and take possession of the premises and of all materials,
tools and appliances thereon and finish the work by whatever method he may deem expedient. In such
cases, the Contractor shall not be entitled to receive any further payment until the work is finished.
If the unpaid balance of the contract price shall exceed the expenses of finishing the work,
including compensation for additional managerial and administration services, such excess shall be
paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the
difference to the City. The expense incurred by the City as herein provided and the damage incurred
through the Contractor's default shall be certified by the City Engineer.
9. REMOVAL OF EQUIPMENT. In the case of annulment of this contract before
completion, from any cause whatsoever, the Contractor, if notified to do so by the City; shall promptly
remove any part or all of his equipment and supplies from the property of the City, failing which, the City
shall have the right to remove such equipment and supplies at the expense of the Contractor.
SECTION E - MEASUREMENTS AND PAYMENT
1. STANDARD OF MEASUREMENT. All work completed under the contract shall be
measured by the City Engineer according to the United States standard measures.
2. SCOPE OF PAYMENTS. The City Engineer's measurements of quantities shall be the
basis for final payment for the work performed under this Contract. After the work is completed, the
City Engineer will make measurements and computations of the number of units of each of the various
items of work completed, and the Contractor will be paid for the actual amount of work performed at the
rates specified in his Proposal. Before final settlement is made, the Council may require the Contractor
to submit a list of all persons furnishing labor or materials, with evidence that such persons have been
paid in full. Payment shall be made in the manner set forth in official publications and Council
Proceedings relative thereto.
3. PAYMENT FOR EXTRA WORK. Such extra work as may have been ordered by the
City Engineer and performed by the Contractor shall be compensated for as provided herein. If work is
— to be done or materials are to be furnished by the Contractor which cannot properly be classified under
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City Contract No.800 60163862
unit prices included in the Proposal, the Contractor shall be paid therefor the actual reasonable cost of
the labor and materials entering permanently in such work, plus fifteen percent (15%) of the cost
thereof. In computing the labor cost on such extra work, the following items shall be included:
(a) Actual payroll expenditures for labor at the current rate therefor, and cost of materials.
-- (b) Pay of foreman and timekeepers for actual time required on the extra work.
(c) Liability insurance, prorated, for the extra work.
Labor cost items on extra work shall be furnished in duplicate by the Contractor to the Inspector
daily. The Inspector shall check the items, and if he finds them to be correct, he shall so certify on the
statement of cost, returning one copy to the Contractor and filing one copy with the City Engineer.
The City Engineer shall determine the cost of materials entering into extra work from the
materials and receipted freight bills for the same.
For any special machine, power tools, or equipment, including fuel and lubricants, but not
including small hand tools, which may be deemed necessary or desirable to use, the Contractor shall
be allowed a reasonable rental thereon, to be agreed upon in writing by the City Engineer before such
work is begun, and to which sum no percentage is to be added.
The item of cost shall not include repairs or replacement of equipment or overhead expenses of
any character. The fifteen percent (15%) allowed is considered to cover the use of hand tools and all
overhead expenses except liability insurance.
In no case will a claim for extra compensation be allowed unless the work upon which the claim
is based has been ordered in writing, except as provided hereinafter.
4. CLAIMS FOR EXTRA COST. If the Contractor claims that any instructions, by drawings
or otherwise, involved extra cost under this contract, he shall give the City Engineer written notice
thereof within ten (10) days after completion of the work.
No such claim shall be valid unless so made.
5. CLAIMS FOR EXTRA COMPENSATION. If the Contractor deems that extra
compensation is due him for work and/or materials that he considered is not clearly covered in the
items for which he submitted unit prices in his bid and that were not ordered in writing by the City
Engineer as an extra s heretofore provided, the Contractor shall notify the City Engineer, in writing, of
his intention to make claim for extra compensation for work and/or material before starting construction.
If such written notification is not given or the City Engineer is not afforded proper facilities by the
Contractor for keeping strict account of actual cost as defined herein, then the Contractor hereby
agrees to waive the claim for extra compensation. Such notice to the City Engineer and the fact that
the City Engineer has kept account of cost as aforesaid, shall not in any way be construed as proving
the validity of the claim, which must be passed upon by the Council. In the event that the Council finds
the claim to be just, it shall be allowed and paid for as extra work as provided herein.
— 6. COMPLETION REPORT AND OBJECTIONS THERETO. Within ten (10) days after the
full completion of the work to be done under this contract, the City Engineer shall make a written
statement of all the work done by the Contractor hereunder, stating the quantity of each item as found
by him and including a statement of all credits for extra work and all credits or debits for changes,
FY 2011,Carnegie Annex Parking Lot Repair GS-10 Page 10 of 15
— City Contract No.800 60163862
alterations, omissions, and defects, and shall forthwith deliver a copy of such statement to the
Contractor. The Contractor shall compare such statement with his own records and shall then, in
writing, either approve such statement or point out any claimed errors or omissions. If any of such
claims are found correct, the City Engineer shall, within ten (10) days, prepare a new statement, a copy
of which shall in like manner be delivered unto the Contractor. The City Engineer will not file a formal
completion report with the City until the Contractor has approved the same.
If the figures of the City Engineer and the Contractor cannot be reconciled, or there is a
difference of opinion regarding some item or items, then such difference of opinion shall be submitted
�- to arbitration as hereinafter provided, and the decision of the arbitrator or arbitrators shall be final, and
the City Engineer shall, within a period of five (5) days, file his completion report.
_. Before action by the City Council upon such completion report, the Contractor shall also file a
written statement of any claims he may have against the City, other than those shown by such
completion report, growing out of this contract or the work done hereunder. The City shall retain ten
percent (10%) of the amount due the Contractor on the completion report for a period of thirty (30)
days. If no claims are filed against the Contractor within thirty (30) days, the final ten percent (10%)
shall then be paid to the Contractor.
7. WAIVER. By the execution of this contract ,the Contractor agrees that any objections he
may have to the statement of the amount of work done hereunder included by the City Engineer in this
completion report, and any claims of the Contractor against the City growing out of this contract and the
work done hereunder which are not stated in writing in the manner and within the time provided in
Article 6, Section E hereof, shall be waived, and no such claim shall thereafter be asserted against the
City.
SECTION F - LEGAL RELATIONS AND RESPONSIBILITIES
1. LAWS RELATING TO WORK. The Contractor is presumed to be familiar with all laws,
ordinances, and regulations which may, in any manner, affect those engaged or employed upon the
work or the materials or equipment used in or upon the work, and shall conduct the work so as not to
conflict with such laws, ordinances, and regulations.
2. PROTECTION OF WORK AND PROPERTY. The Contractor for any part of the
improvement shall be held responsible for the care of materials and of partially completed and
completed work until final acceptance of the same by the Council. He will be required to make good at
his own expense any damage which the work may sustain from any cause prior to the filing of the City
Engineer's certificate of completion. He shall take all risk from floods and casualties of every
description and make no charge for delay due to such cause. He may, however, be allowed a
reasonable extension of time on account of such delays. He shall correct or make good at his own
expense all damages to adjacent property due to the acts or negligence of his employees of the
prosecution of his work, and save the City harmless therefor.
The Contractor shall be held liable and responsible for all damages done to water, sewer, drain,
or other underground pipes and structures, and to sidewalks and private property.
3. RESPONSIBILITY FOR ACCIDENTS. The Contractor shall assume full responsibility
for all damages sustained by persons or property due to the carrying on of his work until final
acceptance thereof, or until released by the City Engineer in writing.
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,,� City Contract No.800 60163862
4. LIABILITY INSURANCE. The Contractor shall carry liability insurance which shall save
the City harmless and protect the public and any person from injury sustained by the reason of the
prosecution of the work or the handling or storing of materials therefor, and said Contractor shall also
carry liability insurance which shall meet the requirements of the Iowa Worker's Compensation Law.
Before work shall be started on this contract, the Contractor shall furnish the City Clerk with
-- proper affidavit or Affidavits executed by representatives of duly qualified insurance companies,
evidencing that said insurance company or companies have issued liability insurance policies, effective
during the life of the contract, or for a period of a least ten (10) days following the filing of written notice
of cancellation, protecting the public and any person from injuries or damages sustained by reason of
carrying on the work involved in the Contract. The affidavit shall specifically evidence the following
forms of insurance protection:
(a) Public liability insurance covering all operations performed by persons directly employed
by the Contractor.
(b) Public liability insurance covering all operations performed by any Subcontractor to
whom a portion of the work may have been assigned.
(c) Public liability insurance covering all work upon the project performed by any
independent Contractor working under the direction of either the principal Contractor or a
Subcontractor.
(d) Motor vehicle bodily injury liability insurance and property damage liability insurance on
all motor vehicles employed on the work, whether owned by the Contractor or by other
persons, firms, or corporations.
(e) The minimum protection shall be as follows:
Comprehensive General Liability Insurance
General Aggregate Limit $ 5,000,000.00
Products—Completed Operations
Aggregate Limit $ 5,000,000.00
Each Occurrence Limit $ 5,000,000.00
Comprehensive Automobile Liability
Insurance $ 1,000,000.00
-- The Contractor shall have the Owner, City of Waterloo, Iowa, and Engineer, AECOM, named as
an "Additional Named Insured". A certificate, or a policy if requested, shall be filed with the Owner.
All certificates and/or policies of insurance furnished by the Contractor to be filed with the City
Clerk shall include the name and address of the agency issuing the same. It shall also be required that
the City Clerk be notified by registered mail of the cancellation or expiration of the above insurance.
5. BARRICADES AND SIGNS. The Contractor shall, at his own expense and without
further or other order, provide, erect, and maintain, at all times during the progress and suspension of
— the work and until completion and final acceptance thereof, suitable and requisite barricades, signs, or
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City Contract No.800 60163862
other adequate protection, as required by the latest edition of the "Iowa Manual on Uniform Traffic
Control Devices for Streets and Highways" and shall provide, keep, and maintain such barricades,
signs, etc., as may be required or as may be ordered by the City Engineer, to insure the safety of the
public as well as those engaged on the work. All barricading plans shall be approved by the City
Engineer.
6. ROYALTIES AND PATENTS. The Contractor shall pay all royalties and license fees.
He shall defend all suits or claims for infringement of any patent rights and shall save the City harmless
from loss on account thereof, except that the City shall be responsible for all such loss when a
particular process or the product of a particular manufacturer is specified.
7. PERMITS AND REGULATIONS. Permits and licenses of a temporary nature for the
.. prosecution of the work shall be secured and paid for by the Contractor. Permits, license, and
easements for permanent changes in existing facilities shall be secured and paid for by the City.
8. CLAIMS FOR DAMAGES. Any claim for damages arising under this Contract shall be
made in writing to the party liable within a reasonable time of the first observance of such damage and
no later than the time of final payment, except as expressly stipulated otherwise in the case of faulty
work or materials, and shall be adjusted by agreement or arbitration.
The Contractor shall be held for the payment of all just claims against him arising out of the
prosecution of this contract, and his bond will not be released until such claims are paid for dismissed.
9. ASSIGNMENT OF CONTRACT. The Contractor shall not sell or assign the contract or
sublet any portion of the work provided for therein without the written consent of the City Council.
10. SUBCONTRACTORS. The Contractor shall, as soon as practicable after the signature
of the contract, notify the City Engineer in writing of the names of the Subcontractors proposed for the
work and shall not employ any that the City Engineer may, within a reasonable time, object to as
incompetent or unfit.
The Contractor agrees that he is as fully responsible to the City for the acts and omission of his
Subcontractors and of persons either directly or indirectly employed by them as he is for the acts and
omissions of persons directly employed by him.
Nothing contained in the contract documents shall create any contractual relation between any
Subcontractor and the City.
"- 11. ARBITRATION. All questions subject to arbitration under this Contract shall be
submitted to arbitration at the choice of either party to the dispute.
The Contractor shall not cause a delay of the work during any arbitration proceedings, except by
agreement with the City Engineer.
The demand for arbitration shall be filed in writing with the City Engineer, in the case of an
appeal from his decision, within ten (10) days of its receipt, and in any other case, within a reasonable
time after cause thereof, and in no case later than the time of final payment, except as otherwise
expressly stipulated in the contract. If the City Engineer fails to make a decision within a reasonable
time, an appeal to arbitration may be taken as if his decision had been rendered against the part
appealing.
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No one shall be nominated or act as an arbitrator who is in any way financially interested in the
contract or in the business affairs of either the City or the Contractor.
The general procedure shall conform to the laws of the State of Iowa. Unless otherwise
provided by such laws, the parties may agree upon one arbitrator; otherwise, there shall be three--one
named in writing by each party to this contract to the other party, and the third chosen by these two
arbitrators, or, if they fail to select a third within ten (10) days, then he shall be chosen by the
Comptroller of the State of Iowa. Should either party refuse or neglect to supply the arbitrators with any
papers or information demanded in writing, the arbitrators are empowered by both parties to proceed ex
parte.
If there be one arbitrator, his decision shall be binding; if three, the decision of any two shall be
binding. Such decision shall be a condition precedent to any right of legal action, and, wherever
permitted by law, it may be filed in Court to carry it into effect.
The arbitrators, if they deem that the case demands it, are authorized to award to the party
whose contention is sustained such sums as they shall deem proper for the time, expense, and trouble
incident to the appeal, and, if the appeal was taken without reasonable cause, damages for delay, the
arbitrators shall fix their own compensation unless otherwise provided by agreement, and shall assess
the costs and charges of the arbitration upon either or both parties.
The award of the arbitrators must be in writing, and it shall not be open to objections on account
of the form of proceeding or the award, unless otherwise provided by the laws of Iowa.
In the event of such laws providing on any matter covered by this article otherwise than as
hereinbefore specified, the method of procedure throughout and the legal effect of the award shall be
wholly in accordance with the laws of the State of Iowa, it being intended hereby to lay down a principle
of action to be followed, leaving its local application to be adopted to the legal requirements of the place
-- in which the work is to be done.
12. PERFORMANCE AND PAYMENT BONDS. The Contractor shall, at the time of
execution and delivery of this contract and before the taking effect of same, furnish and deliver to the
City a written bond of indemnity to the amount required by law in form and substance, and with surety
thereon satisfactory and acceptable to the City, to insure the faithful performance by the Contractor of
all the covenants and agreements on the part of the Contractor contained in this contract. These bonds
shall remain in force and effect for the full amount of the Contract.
13. PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the provisions
of the Contract or in exercising any power or authority granted him thereby, there shall be no liability
upon the City Engineer or his authorized assistants, either personally or as an official of the City, it
being understood that in such matters he acts as the agent and representative of the City.
14. JURISDICTION. Any action in Court against the Contractor or sureties on his bond
because of damages to property or individuals by said Contractor or his workmen, or because of the
violation of any provisions of the specifications, or on account of the failure of said Contractor to comply
fully with these provisions, shall be brought in the District Court of the State of Iowa in and for Black
Hawk County.
15. TERMINATION OF RESPONSIBILITY. The Contract shall be considered as completed
and the Contractor released from further obligations except as to the requirements of his bond, after the
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City Contract No.800 60163862
work has been completed and finally accepted and final estimates have been allowed and the
completion report of the City Engineer has been filed and approved by the Council.
16. CITY'S LEGAL RIGHTS. The City shall not be precluded by any measurements,
estimate, or certificate made, either before or after the completion and acceptance of the work and
payment therefor, from showing the true amount and character of the work performed and materials
furnished by the Contractor, or from showing that any such measurement, estimate, or certificate is
untrue or incorrectly made, or the work or materials do not, in fact, conform to the Contract.
The City shall not be precluded, notwithstanding any such measurements, estimate, or
certificate and payment in accordance therewith, from recovering from the Contractor and his surety
such damages as it may sustain by reason of his failure to comply with the terms of the Contract.
-- Neither the acceptance by the City or any of its representatives, nor any payment for or acceptance of
the whole or any part of the work, nor any extension of time, nor any possession taken by the City, shall
operate as a waiver on any portion of the contract or of any power herein reserved, or any right to
damages herein provided. A waiver of any breach of the contract shall not be held to be a waiver of
any other or subsequent breach.
FY 2011,Carnegie Annex Parking Lot Repair GS-15 Page 15 of 15
City Contract No.800 60163862
SUPPLEMENTAL GENERAL SPECIFICATIONS FOR CONSTRUCTION
1. SUBCONTRACTS
The contractor shall cause appropriate provisions to be inserted in all subcontracts relative to
—' the work to require compliance by each subcontractor with the applicable provisions of the
contract for the improvements embraced in this contract.
2. REVIEW BY THE CITY OF WATERLOO
The City of Waterloo, its authorized representatives and agents, shall at all times have access
-- to and be permitted to observe and review all work, materials, equipment, payrolls, personnel
records, employment conditions, material invoices, and other relevant data and records
pertaining to this contract, provided, however, that all instructions and approval with respect to
the work will be given to the contractor only by the City of Waterloo through its authorized
representative or agents.
3. INSPECTION
a. The contractor shall furnish promptly all materials reasonably necessary for any tests
which may be required. All tests by the City of Waterloo will be performed in such
manner as not to delay the work unnecessarily and will be made in accordance with the
provisions of the Technical Specifications.
b. Inspection of materials and appurtenances to be incorporated in the improvements
embraced in this contract may be made at the place of production, manufacture or
shipment, whenever the quantity justifies it, and such inspection and acceptance, unless
otherwise stated in the Technical Specifications, shall be final, except as regards (1)
latent defects, (2) departures from specific requirements of the contract, (3) damage or
loss in transit, or (4) fraud or such gross mistakes as amount to fraud. Subject to the
-- requirements contained in the preceding sentence, the inspection of materials as a
whole or in part will be made at the project site.
4. WARRANTY OF TITLE
No material, supplies, or equipment to be installed or furnished under this contract shall be
— purchased subject to any chattel mortgage or under a conditional sale, lease-purchase or other
agreement by which an interest therein or in any part thereof is retained by the seller or supplier.
The contractor shall warrant good title to all materials, supplies, and equipment installed or
incorporated in the work and upon completion of all work, shall deliver the same together with all
improvements and appurtenances constructed or placed thereon by him to the City of Waterloo
free from any claims, liens, or charges. Neither the contractor nor any person, firm, or
corporation furnishing any material or labor for any work covered by this contract shall have any
right to a lien upon any improvement or appurtenance thereon. Nothing contained in this
paragraph, however, shall defeat or impair the right of persons furnishing materials or labor to
recover under any bond given by the contractor for their protection or any rights under any law
permitting such persons to look to funds due the contractor in the hands of the City of Waterloo.
The provisions of this paragraph shall be inserted in all subcontracts and material contracts and
notice of its provisions shall be given to all persons furnishing materials for the work when no
_. formal contract is entered into for such materials.
FY 2011,Carnegie Annex Parking Lot Repair SGS-1 Page 1 of 2
4 City Contract No.800 60163862
FORM OF CONTRACT
CONTRACT FOR THE CONSTRUCTION OF
FY 2011
CARNEGIE ANNEX PARKING LOT REPAIR
CITY CONTRACT NO. 800
CITY OF WATERLOO, IOWA
This contract made and entered into this day of , , by
'- and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and
, of , (hereinafter referred to as
Contractor), WITNESSETH:
— PAR. 1 Contractor agrees to build and construct the FY 2011, CARNEGIE ANNEX PARKING LOT
REPAIR, CITY CONTRACT NO. 800, and furnish all necessary tools, equipment,
materials,and labor necessary to do all the work called for in the plans and specifications in
a workmanshiplike manner and for the prices set forth in Contractor's proposal, which was
accepted by the City, and which is understood and agreed to be a part of this contract.
PAR. 2 It is understood and agreed that the resolution adopted by the City Council ordering the
construction of the improvement, the Notice to Contractors as published, the Instruction to
Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council
Proceedings relating to this matter, and the Plans and Specifications shall all be considered
as forming a part of the contract the same as though they were each set out in said
contract.
PAR. 3 The Contractor agrees to furnish at its own cost and expense, all necessary materials and
labor for said work and to construct said improvements in a thorough, substantial, and
workmanlike manner, and in strict accordance with the requirements of this contract, and of
— the plans and specifications made a part hereof by reference, and to the satisfaction and
approval of the City and its City Engineer.
PAR. 4 The Contractor agrees to perform said work and install said improvements on the terms set
— out in bid or proposal to the City which has been accepted by the City and which is by
reference made a part of this contract.
— PAR. 5 The Contractor agrees to commence said work within ten (10) working days after receipt of
"Notice to Proceed" and complete on or before , unless an extension of
time is granted in writing by the Council of the City.
PAR. 6 Should the Contractor fail to complete said improvements in strict accordance with the
terms and conditions of this contract, or the plans and specifications therefor promptly by
the date herein specified, the City may pay such additional sums as it may be required to
pay by reason of the failure of said contractor and deduct any and all such sums from any
amount then due the Contractor.
FY 2011,Carnegie Annex Parking Lot Repair C-1 Page 1 of 4
City Contract No.800 60163862
PAR. 7 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo,
Iowa, relating to the obstruction of streets and alleys, keeping open passage ways for
water, traffic, and protecting any excavations in any street or alley, and maintaining proper
and sufficient barricades with lights and signals during all hours of darkness, to see that the
backfilling is properly done, and agrees to keep the City whole and defend any and all suits
that may be brought against the City by reason of any injuries that may be sustained by any
person or property allegedly caused by the Contractor, or his agents, while work is done
pursuant to this agreement.
PAR. 8 The Contractor agrees that in the event a law suit is brought against the City for damages
allegedly sustained by reason of any act, omission or negligence of the Contractor or its
agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole,
depression or barrier placed or dug by the defendant or its agents, in the doing of the work
herein contracted for, that it will defend said suit and save the City harmless therein, and in
case judgment is rendered against the City, the Contractor agrees to pay the same
promptly. The Contractor agrees to carry public liability insurance in a solvent company in
a sufficient amount to protect the City and those who use the streets of the City.
PAR. 9 The City shall have the right to appoint one or more construction reviewers who shall
review the progress of the work in detail; also, to make any test or any material to be used
in such work. No material shall be used in any work until the same has first been approved
by the construction reviewer. Such construction reviewer shall have full authority to pass
judgment upon all materials and upon the manner of doing the work, and their judgment on
rejecting any materials, substance, or manner of work shall be final unless it is revoked or
modified by the City Engineer.
PAR. 10 Any material which has been rejected by the construction reviewer shall be at once
removed from the line of work and shall not be again taken thereon or placed with the
— material proposed to be used without the written consent of the City Engineer.
PAR. 11 The Contractor shall maintain no cause of action against the City on account of delays and
prosecution of work, but if said work is delayed by the City, the Contractor shall have such
extra time for completion of the job as was lost by reason of the delay caused by the City.
PAR. 12 The Contractor agrees to pay punctually all just claims of labor, material, men, or
subcontractors who shall perform labor or furnish materials entering into this improvement.
It is agreed that the City need not pay the Contractor until all such claims are paid by the
Contractor. It is agreed that the City shall not be liable for said labor, material, or men
under this contract.
PAR. 13 The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a
form to be provided by the City in the amount provided by law as stated in the Notice to
Bidders, which shall be for the benefit of the City, and any and all persons injured by the
breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and
-- shall be subject to the approval of the City Council, and is by reference made a part of this
contract.
— PAR. 14 The Contractor agrees that should it abandon work under this contract or cease the
prosecution thereof for a period of thirty (30) consecutive days without reasonable cause,
and should it fail to proceed with said work within ten (10) days after a notice to continue or
._ carry it on has been mailed to it at the address given herein by the City, or after such notice
FY 2011,Carnegie Annex Parking Lot Repair C-2 Page 2 of 4
_ City Contract No.800 60163862
`^ has been served on it, then the City may proceed to complete said work, using any
material, tools, or machinery found along said line of work, doing the work either by contract
or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City
for the costs and expenses so paid out. Said costs shall be retained by the City from any
compensation due, or to become due the Contractor, and may be recovered by the City in
an action upon Contractor's bond.
PAR. 15 In consideration of the full compliance on the part of the Contractor with all the provisions,
stipulations, and conditions hereof, or contained in the various instruments made a part of
.— this contract by reference, and upon completion and acceptance of said work, the City
agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the
amount of money due the Contractor for work performed and accepted, at the unit prices
set out in the Contractor's proposal, which has been accepted by the City.
PAR. 16 The total amount of the contract, based on the Engineer's estimates of quantities and the
Contractor's unit bid prices, and for which 100% surety bond is required is $
PAR. 17 After the completion of said work, the Contractor agrees to remove all debris and clean up
said parking ramp, and to save the City harmless from any damage allegedly resulting from
a failure to clean up and remove the debris or put the parking ramp back in a proper
condition for travel.
—' PAR. 18 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.
PAR. 19 Before the Contractor shall be entitled to receive final payment for work done under this
contract, it shall execute and file a bond in the penal sum of not less than 100% of the total
amount of the contract, same to be known as "Maintenance Bond," and which bond must
be approved by the City Council, and which bond is in addition to the bond given by the
Contractor to guarantee the completion of the work.
PAR. 20 The Contractor shall maintain all work done hereunder in good order for the period of two
(2) years from and after the date it is accepted by the Council of the City of Waterloo, Iowa.
Said maintenance shall be made without expense to the City or the abutting property. In
the event of the failure or default of the Contractor to remedy any or all defects appearing in
said work within a period of two (2) years from the date of its acceptance by said Council,
and after having been given ten (10) days notice so to do by registered letter deposited in
the United States Post Office in said town, addressed to said contractor at the address
herein given, then the City may proceed to remedy such defects. The costs and expenses
thereof to be recovered from the Contractor and the sureties on its maintenance bond by
an action brought in any court of competent jurisdiction.
PAR. 21 The Contractor shall give notice to said City by registered letter directed to the Mayor or
City Clerk/Auditor thereof not more than four(4) and not less than three (3) months prior to
-- the expiration of the term during which the Contractor is required to maintain said
improvements, in good repair by the terms of its Contract. The liability of the Contractor
and of the sureties on its bond for maintenance of the said improvements shall continue
until three (3) months after such notice has been given to the City, and, in any event, until
two (2) years after the acceptance of the work.
FY 2011,Carnegie Annex Parking Lot Repair C-3 Page 3 of 4
City Contract No.800 60163862
CITY OF WATERLOO, IOWA
Mayor
City Clerk
Contractor
By
Title:
Approved by the City Council of the City of Waterloo, Iowa, this day of,
20
ATTEST: , City Clerk
Waterloo, Iowa
FY 2011,Carnegie Annex Parking Lot Repair C-4 Page 4 of 4
City Contract No.800 60163862
-- PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, , of _(hereinafter called the
Principal), and
of
(hereinafter called the Surety), are held and firmly bound unto the City of Waterloo (hereinafter called the
Obligee), in the penal sum of Dollars
_ ($ ), lawful money of the United States, to payment of which sum, well and truly to be made,
the Principal here firmly binds himself/themselves, his/their heirs, executors, and administrators, and the said
Surety binds himself, his successors, assigns, executors, and administrators, jointly and severally, firmly by
these presents.
THE CONDITION OF THIS OBLIGATION is such that,
WHEREAS the above bounden Principal did, on the
Day of 20_, enter into a written contract with the City of Waterloo, Iowa, for the
construction of FY 2011, CARNEIGE ANNEX PARKING LOT REPAIR, CITY CONTRACT NO. 800, a
copy of which contract, together with all of its terms, covenants, conditions, and stipulations, is incorporated
herein and made a part hereof as full and completely as if said contract were recited at length herein; and
WHEREAS, the Principal and Surety on this bond hereby agree to pay to all persons, firms or
corporations having contracts directly with the Principal or with subcontractors, all just claims due them for
labor performed or materials furnished in the performance of the contract on account of which bond is given
when the same are not satisfied out of the portion of the contract price which the public corporation is
required to retain until completion of the public improvement, but the Principal and Surety shall not be liable to
said persons, firms, or corporation unless the claims of said claimants against said portion of the contract
price shall have been established as provided by law.
Now, if the Principal shall in all respects fulfill his said contract according to the terms and tenor
thereof, and shall satisfy all claims and demands incurred for the same, and shall fully indemnify and save
harmless the Obligee from all costs and damages which it may suffer by reason of failure to do so, and shall
fully reimburse and repay the Obligee all outlays and expenses which it may incur in making good any such
default, then the obligation is to be void and of no effect, otherwise to remain in full force and effect.
Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to
consent without notice:
1. To any extension of time to the contract in which to perform the contract.
2. To any change in the plans, specifications, or contract when such change does not involve
an increase of more than twenty percent (20%) of the total contract price, and shall then be
released only as to such excess increase.
3. That no provision of this bond or of any other contract shall be valid which limits to less than
one (1) year from the time of the acceptance of the work the right to sue on this bond for
defect in workmanship or material not discovered or known to the Obligee at the time such
work was accepted.
FY 2011,Carnegie Annex Parking Lot Repair PFB-1 Page 1 of 2
City Contract No.800 60163862
IN WITNESS WHEREOF,we have hereunto set our hands and seals this day of
, 20_
Principal
By:
Surety
Attorney-in-Fact
FY 2011,Carnegie Annex Parking Lot Repair PFB-2 Page 2 of 2
City Contract No.800 60163862
— PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
(Name of Contractor)
(Address of Contractor)
-- a , hereinafter called Principal,
(Corporation, Partnership or Individual)
and
(Name of Surety)
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto
CITY OF WATERLOO, IOWA
(Name of Owner)
715 MULBERRY STREET, WATERLOO, IOWA 50703
(Address of Owner)
hereinafter called OWNER, in the penal sum of
in lawful money of the United States, for the payment of which sum well and truly to be made, we bind
ourselves, successors, and assigns,jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain
contract with the OWNER, dated the day of
20_, a copy of which is hereto attached and made a part hereof for the construction of:
-- F.Y. 2011, CARNEGIE ANNEX PARKING LOT REPAIR
CITY CONTRACT NO. 800
NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms,
SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of
the WORK provided for in such contract, and any authorized extension or modification thereof, including
all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment
and tools, consumed or used in connection with the construction of such WORK, and all insurance
premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or
otherwise, then this obligation shall be void; otherwise to remain in full force and effect.
,.. FY 2011, Carnegie Annex Parking Lot Repair PB-1 60163862
City Contract No.800 Non-Federal
PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the contract or to the WORK to be
performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its
obligation on this BOND, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
-- IN WITNESS HEREOF, this instrument is executed in counterparts, each one of
(number)
which shall be deemed an original, this the day of
20
ATTEST:
Principal
(Principal) Secretary
(SEAL) By (s)
(Address)
Witness as to Principal
(Address)
Surety
ATTEST: By
Attorney-in-Fact
y- Witness as to Surety (Address)
(Address)
NOTE: Date of BOND must not be prior to date of Contract.
If CONTRACTOR is Partnership, all partners should execute BOND.
FY 2011, Carnegie Annex Parking Lot Repair PB-2 60163862
City Contract No. 800 Non-Federal