HomeMy WebLinkAboutPROJECT SPECIFICATIONS a
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-- PROJECT SPECIFICATIONS FOR
F.Y. 2019
DYSART RD. AND W. 2ND STREET
RECONSTRUCTION PROGRAM
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— CONTRACT NO. 970
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FY 2019 DYSART RD. AND W. 2ND ST, REC
ONSTRUCTION PROGRAM
CONTRACT NO. 965
CONTRACT DOCUMENTS
TABLE OF CONTENTS
1. NOTICE OF PUBLIC HEARING
2. NOTICE TO BIDDERS
3. INSTRUCTIONS TO BIDDERS
4. FORM OF BID OR PROPOSAL
5. SALES TAX EXEMPTION INFORMATION FORM
6. FORM OF BID BOND
7. NON-COLLUSION AFFIDAVITS
8. EQUAL OPPORTUNITY CLAUSE
9. TITLE VI CIVIL RIGHTS
10. BIDDER STATUS FORM
11. AFFIRMATIVE ACTION PROGRAM
12. POTENTIAL ITEMS OF WORK FOR MBE/WBE PARTICIPATION
SUBCONTRACTOR'S BID REQUEST FORM,
LETTER FORM FOR SUBCONTRACTOR QUOTES,
MBE/WBE SCOPE LETTER,
MBE AND/OR WBE PREBID CONTACT INFORMATION FORM
13. WATERLOO/CEDAR FALLS MINORITY AND WOMEN BUSINESSES
ENTERPRISE CONSTRUCTION AND MAINTENANCE
CONTRACTOR'S GUIDE
14. STATEMENT OF BIDDER'S QUALIFICATIONS
15. GENERAL SPECIAL PROVISIONS
16. SPECIAL PROVISIONS
17. SUPPLEMENTAL SUDAS SPECIFICATIONS
18. GEOTECHNICAL ENGINEERING REPORT-DYSART RD.
18. GENERAL SPECIFICATIONS FOR CONSTRUCTION
19. SUPPLEMENTAL GENERAL SPECIFICATIONS FOR CONSTRUCTIONS
20. FORM OF CONTRACT
21. FORM OF PERFORMANCE BOND
22. FORM OF PAYMENT BOND
NOTICE OF PUBLIC HEARING
On Proposed Plans, Specifications, Form of Contract,
And Estimate of Cost
For the
FY 2019 DYSART RD. AND W. 2ND ST. RECONSTRUCTION PROGRAM
In the City of Waterloo, Iowa
CONTRACT NO. 970
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 23rd day of May, 2019 until 1:00 p.m. for the
construction of the FY 2019 DYSART RD. AND W. 2 ° ST. RECONSTRUCTION
PROGRAM, Contract No. 970, 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 the First Floor Conference Room at City Hall, in
the City of Waterloo, Iowa, on the 23rd day of May, 2019 at 1:00 p.m., and the
proposals will be acted upon at such later time and place as may then be fixed by the
City Council.
PUBLIC HEARING
Notice is hereby given that the Council of said City will conduct a public hearing on the
proposed plans, specifications, form of contract, and estimate of cost for the
construction of the above-described improvement project at 5:30 p.m. on the 28th day
of May, 2019, said hearing to be held in the Harold E. Getty Council Chambers in City
Hall in said City. The proposed plans, specifications, form of contract, and estimate of
cost for said improvements heretofore prepared by the City of Waterloo are now on file
in the office of the City Clerk for public examination, and any person interested therein
may file written objection thereto with the City Clerk before the date set for said hearing,
or appear and make objection thereto with the City Clerk before the date set for said
hearing, or appear and make objection thereto at the meeting above set forth. The
NOTICE TO BIDDERS can be viewed at the following locations:
1) City of Waterloo web site at http://ci.waterloo.ia.us/
2) Plan rooms:
Master Builders of Iowa
221 Park Street, PO Box 695
Des Moines, IA 50303
McGraw Hill Construction Dodge
3315 Central Ave.
Hot Springs, AR 71913
NC-yTIC`F nr HFARIN(; C:CINTRA(`T MCl Q7n Dmnc 9 of
Reed Construction Data
30 Technology Parkway South, Ste. 500
Norcross, GA 30092
3) Plan Room Web sites:
Master Builders of Iowa web site at www.mbionline.com
Dodge Lead web site: http://dodgeprojects.construction.com/
Reed Const. Data Lead web site: http://www.cmdgroup.com/project-leads/
SCOPE OF WORK
The extent of the work involved is the construction of street improvements in, along and
upon portions of certain streets, avenues, roads, and alleys, and such other work as
may be incidental thereto along and upon the following streets, avenues, roads and
alleys.
Street improvements consisting of:
• 9-inch non-reinforced PCC paving with integral curb and gutter on W. 2nd Street
• 10-inch non-reinforced PCC paving with CD joints on Dysart Road
Subgrade drain tile, granular subbase, new storm sewer and appurtenances and other
such work as may be incidental thereto.
All street improvements consist of the reconstruction of an existing paved street, which
is to be replaced with a proposed street.
The list of streets, which are proposed for improvements, is as follows:
STREET FROM TO
W. 2nd Street Commercial Street Jefferson Street
Dysart Road Orange Road Approximately 3,950 north of Orange Rd.
Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon
order to the City Council of said Waterloo, Iowa, on the day of ,
CITY OF WATERLOO, IOWA
BY:
Kelley Felchle
City Clerk
NOTICE OF HEARING CONTRACT NO g7n Pare 2 of 7
NOTICE TO BIDDERS
For the Taking of Construction Bids for the
FY 2019 DYSART RD. AND W. 2ND ST. RECONSTRUCTION PROGRAM
In the City of Waterloo, Iowa
CONTRACT NO. 970
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 23rd day of May, 2019 until 1:00 p.m. for the
construction of the FY 2019 DYSART RD. AND W. 2NDSST. RECONSTRUCTION
PROGRAM, Contract No. 970, 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 the First Floor Conference Room at City Hall, in
the City of Waterloo, Iowa, on the 23rd day of May, 2019, at 1:00 p.m., and the
proposals will be acted upon at such later time and place as may then be fixed by the
City Council.
PUBLIC HEARING
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 May 28, 2019, said hearing to be held in
the Harold E. Getty Council Chambers in City Hall in said City.
SCOPE OF WORK
The extent of the work involved is the construction of street improvements in, along and
upon portions of certain streets, avenues, roads, and alleys, and such other work as
may be incidental thereto along and upon the following streets, avenues, roads and
alleys.
Street improvements consisting of:
• 9-inch non-reinforced PCC paving with integral curb and gutter on W. 2nd Street
• 10-inch non-reinforced PCC paving with CD joints on Dysart Road
Subgrade drain tile, granular subbase, new storm sewer and appurtenances and other
such work as may be incidental thereto.
All street improvements consist of the reconstruction of an existing paved street, which
is to be replaced with a proposed street.
NfTI(`P T(1 RIIlf1PRC (:C NJTRO('.T mn Q7f1 Pnnc I of F
The list of streets, which are proposed for improvements, is as follows:
STREET FROM TO
W. 2nd Street Commercial Street Jefferson Street
Dysart Road Orange Road Approximately 3,950 north of Orange Rd.
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 1, 2019.
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.
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 the City of Waterloo Engineering Department, 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 Engineering Department on the second
floor of City Hall upon the receipt of a $25.00 refundable deposit. Deposits will be
refunded if the plans are returned in usable condition (i.e. generally free of highlights,
ink markings, tears, stickers, water stains and soiling) to the Engineer's Office by the
end of the 14th consecutive day after the project has been awarded. No deposits will be
refunded for any requests or 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. If the plan holder is the prime contractor or a
subcontractor or supplier of the prime contractor that has been awarded the project,
Plans and Specifications do not need to be returned to receive the deposit. The prime
contractor must submit a list of his subcontractors and suppliers for the City_to verify
eligibility for the refundable deposit.
NOTICE TO BIDDERS CONTRACT NO 97M Pant 7 of 5
Upon award of project, the prime contrac
tor, his subcontractors and suppliers shall be
needed number of plans and specifications at no additional cost.
supplied with the
CONTRACT AWARD the lowest bid.
A contract will be awarded to the qualified bidder submitting bids, and to
The City reserves the right to reject any
or all bids, re-advertise for new
waive informalities in the
bids submitted that might be in the best interest of the City.
of Waterloo, Iowa, for a period not to exceed thirty (30)
be held by the City of reviewing the bids and
investigating the qualifications of bidders, prior
may of the opening of bids for the purpose
days from the day rior to awarding the contract.
provisions
given to and
By tue of statutory
authority, a preference will be g nproducts will be given local
owa
grown and coal produced with the State of improvement.
preference
domestic labor in the construction of the imp
PROPOSALS SUBMITTED
bidson the items listed in the proposal. The bidder shall clearly
The bidder typehhe submit between the unit
pricewrite
and the bid item extension (Unit Pricec x Estimated Qty) in
numerals the blanks bid discrepancy provided. Should there be any as being
bide on texens on, the City of Waterloo shall consider the unit bid price
price and
the valid unit bid price.
The bidder has the option to submit a computer-generated spreadsheet in lieu of the
of Bid or Proposal, which includes t Price and e Bid teml NumThe
portion the Form
Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid
ofomputer-generated spreadsheet shall include all of the informeattii f the Ptlmethat
portion
as bear or
computer-generated spreadsheet, the
submittingthe Form of Bid F Proposal or the er whlo submti athe computer g in the spaces)
TOTAL
BIDe with alternates, if applicable) shall also be indicated
TOTAL B
provided on the Form of Bid or Proposal.
BID SECURITY REQUIRED
separate envelope by a certified or cashier's check
Allr wns must Iowa accompanied in a chartered under the tofo the
bank, or a bank chartered under the laws of the United States, a
drawn on an eto lawse City t
Unitedcertifi
dd shareto es, draft drawn °(on the n a form furnished by the City) payable
f
States, or bid bond,
ed,
Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid
dtsy omithat ted Bidder
of the work and will furnish the required
e Contractd
certified check, certified share draft or bid bond will be heldas
bonds,l enter into a eContractthe for the constructionas agreed
in case successful Bidder shall fail be retained by saidtC rye
andboth the Bidder and
uponand liquid the required damages.
bonds,bid
dhbond is used, it mustbe signed bymust supported byd
uretyat or dama9 agent. Signature of surety's agent
the surety ' Power of Attorney.
accompanying o��o �f
rnm-rparT Nn C7n
NnTIC'F Tn RIIlr1FRC
PERFORMANCE 8 PAYMENT BONDS
The successful bidder will be required to furnish a "
Bond" within ten (10) days after forms are presented Performance Bond" and a "Payment
hundred percent (100%) of the contract price, said bondY nt
to toim in u d by a responsible equal one
surety approved by the City Council and shall guarantee be issued by a
contract and the terms and conditions therein contained and
p payment of all materials and labor he faithful performance of the
prompt a shall guarantee the
claims of any kind caused by the operations of the con
and protect and save harmless the City from
MAINTENANCE BOND tractor.
Before the Contractor shall be entitled to receive final
contract, it shall execute and file a bond in the penal sum ofortotal amount of the contract, same tobe know payment less work done under this
must be approved by the City Council, an n as "Maintenance
not aintenance Bond,"than 100% cand htbo
by the Contractor to guarantee the comple on of he work.hich dis In addition to the bond bvend
g
CONTRACT COMPLIANCE PROGRAM /SUBCONTRACTING
The program proposes numericalprojections
Enterprise (MBE) and Women Business Enterprri
se rW g utilization of Minority Business
and suppliers in the performance of Contracts awarded by
(WBE) as Subcontractors, vendors
A goal of at least ten percent (10%) for MBE the City of Waterloo, Iowa.
projects that are estimated at $50,000.00 or more.
participation goal all City funded construction
for WBE participation on all City funded construction of at least two °
for$50,000.00 or more. Any percent e2 at
project funded in part or in total with federal fundat are s ated w
the respective agencies contract compliance program
Prime Contractor shall make and goals. The shall follow
Prime C E good-faith efforts" to meet the Contract Compliance
MBE/ goals. The MBE/VVBE subcontractors, suppliers or vends
the Prime Contractor a reasonably competitive price for the service being rendered or
the Contractor is not required to accept their bid. rs must provide
LIQUIDATED DAMAGES
Time is an essential element of this contract. It is important
ntly
pursued to completion. If the work is not completed with n the specified
the work t be t period,
plus authorized extensions, the contractor shall pay to the C'
the amount of five hundred dollars contract period,
the herein, in excessffive
of the authorized ($500 00eachh Liquidated her time.
per day, for day, as further described
Days beyond the specified completion date for which
charged will be working days that the contractor does
Liquidated Damageseworked, f be
m
Monday through Saturday. Sundays will be counted only or could have from
working days will be considered as a full working day.y if work is
wrkingLiquidated Damages will ind rain days, performed. Partial
holidays. Y , Sunday if no work ss °done,t rg nd le for
legal
NOTICE TC) RinnPRs
CnNTRACT Nn q7n
Pan=d of F
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.
BIDDER STATUS
Attention of bidders is called to compliance with the provisions of the Resident
Bidder/Non-Resident Bidder requirements.
Each bidder submitting a bid shall execute and include with the bid, a Bidder Status
Form in the form herein provided.
Failure to submit a fully completed Bidder Status Form with the bid may result in the bid
being deemed nonresponsive and rejected.
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.
Posted pursuant to the provisions of Chapter 26 of the City Code of Iowa.
CITY OF WATERLOO, IOWA
NOTICE TO RIDDFRS C:nNTRACT NO Q711 Dana F of F
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 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.
INSTRUCTIONS TO BIDDERS Page 1 of 14
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.
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.
g. If the bidder does not qualify as a resident bidder, the nonresident
bidder shall specify on the project proposal whether any preference
to resident bidders, including but not limited to any preference to
bidders, the imposition of any type of labor force preference, or any
other form of preferential treatment to bidders or laborers from that
state or foreign country is in effect in the nonresident bidder's state
or country of domicile at the time of a bid submittal.
INSTRUCTIONS TO BIDDERS Page 2 of 14
4. SUBMISSION OF BIDS
a. A bid must be sealed in a separate envelope and marked to
indicate its contents and be accompanied by the bid security in a
separate envelope. If forwarded by mail, the two envelopes shall
be placed in a third and mailed to the City Clerk/Auditor. All bids
must be filed with the City Clerk/Auditor of the City of Waterloo at
his office in the City Hall before the time specified for closing bids.
b. Bids received prior to the advertised hour of opening will
be
securely kept sealed. The officer whose duty it is to open them will
decide when the specified time has arrived, and no bid received
thereafter will be considered; except that when a bid arrives by mail
after the time fixed for opening, but before the reading of all other
bids is completed, and it is shown to the satisfaction of the City of
Waterloo, Iowa, that the non-arrival on time was due solely to delay
in the mails for which the bidder was not responsible, such bid will
be received and considered.
c. Bidders are cautioned that, while telegraphic modifications of bids
may be received as provided above, such modifications, if not
explicit and if in any sense subject to misinterpretation, shall made
the bid so modified or amended, subject to rejection.
5. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS
Bids and modifications or withdrawals thereof received at the office
designated in the Notice to Bidders after the exact time set for closing of
f
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 anytimeit
is received and may therefore be accepted. Bids may be withdraw 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
bidders and others interested who may be present either in person or y
representative. by
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
INSTRUCTIONS TO BIDDERS
Page 3 of 14
on
a
laws of the United States, a certified share draft States,drawn or bid bondt (onunion
the
in
Iowa or chartered under the laws of the UnitedIowa, in the
the City) a
form furnished byable to the City of Waterloo,payable
sum of not less than five percent (5%) of the bid h Id as securityed, whic certif tee
d
check, certified share draft or bid bond will bek and
Bidder will enter into a Contract for the constructionof the
worerkall fail or
furnish the required bonds, and in case the successful
refuse to enter into the Contract and furnish the req it dateed bo d, his bid
es.
security may be retained by said City as agreed upon both the bidder and the surety or
If bid bond is used, it must be signed by
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 rm iand in i lu dde, wittoh thee bid,
a Non-Collusion Affidavit in the fotn her person, or corporation in
ect
that he as not colluded with anyher person
regard to any bid submitted.
b. Each bidder submitting
a bid shall have each proposed
subcontractor, if any, execute and submit to the City ontract day
Compliance Officer by
due, a Non-Collusion d following Affidavit in the form
ay the
bids on this project
herein provided, to the effect that in eeha�not colluded
bid s with
other person, firm, or corporation g
Before executing any subcontract, the successful biddderby thlll
submit the name of any proposed subcontractor for approval
City.
9. MINORITY ANDIOR WOMEN BUSINESS ENTERPRISE
SUBCONTRACTORS
a. CITY OF WATERLOO AND/OR
M O ION FORBUSINESS
ENTERPRISE PRE-BID CONTACT INFOR
The City of Waterloo Minority and/or
Pre-Bid Contact Information Form shall e submitted with the Form
of Bid or Proposal. Failure to do so shall be grounds foey t t prime
being rejected if subcontracting is proposed
contractor.
Page 4of14
INSTRUCTIONS TO BIDDERS
10. MBE/WBE CONTRACT COMPLIANCE PROGRAM
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/ VBE
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.
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.
INSTRUCTIONS TO BIDDERS Page 5 of 14
Quota:
A flat numerical requirement that the contractor is required to meet
in order to obtain the benefit or be in compliance. The numerical
goal component of affirmative action programs is not designed to
be, nor may it properly or lawfully be interpreted as, permitting
unlawful preferential treatment and quotas with respect to persons
of any race, color, religion, sex, or national origin. The regulations
at 41 CFR 60-2.12(a), 60-2.15 and 60-2.30, specifically prohibit
discrimination and the use of goals as quotas. (U.S. Department of
Labor)
Set-Aside:
An arrangement in which a particular contract is reserved for
competition solely among minority and women business
enterprises.
Contractor.
As used in this document means contractor, subcontractor,
supplier, vendor, and professional service provider.
Minority Business Enterprise (MBE)
Any business, which is at least 51%, owned by one or more
minorities and whose management and daily business operations
are controlled by one or more such individuals and is on the current
State Unified Certification List, or were listed on the City of
Waterloo Certified MBE/WBE Contractors list as of July 1, 2002
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
INSTRUCTIONS TO BIDDERS Page 6 of 14
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.
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.
CONTRACT COMPLIANCE PROGRAM SUBCONTRACTING
The program proposes numerical projections or goals regarding
utilization of Minority Business Enterprise (MBE) and Women
Business Enterprise (WBE) as subcontractors in the performance
of contracts awarded by the City of Waterloo, Iowa.
A goal of at least 10% for MBE participation on all City funded
construction projects that are estimated at $50,000 or more and
projects under $50,000 where applicable at the Contract
Compliance Officer's discretion. There is at least 2% WBE goal on
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
INSTRUCTIONS TO BIDDERS Page 7 of 14
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.
RESPONSIBILITIES
1. 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/VVBE/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.
INSTRUCTIONS TO BIDDERS Page 8 of 14
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.
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.
INSTRUCTIONS TO BIDDERS Page 9 of 14
b. MBE/VVBE 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.
ll. MBE/WBE Firms
A. MBE/WBE firms shall be certified by the Iowa Department of
Transportation as owners and controllers of their respective
businesses, or were listed on the City of Waterloo Certified
MBE/WBE Contractors list as of July 1, 2002.
B. MBE/WBE firms must perform the work on the project; they
cannot act as a broker by subcontracting the work out to
others.
C. Each MBE/WBE firm planning to submit quotes on
construction projects with goals, shall submit a Letter of
Intent to Bid (Form CCO-5) to the City Contract Compliance
Officer seven (7) working days prior to bid opening, listing
specific items which the MBE/WBE firm is interested in
bidding. If sufficient Letters of Intent to Bid are not received
by the City Contract Compliance Officer seven (7) working
days prior to bid opening, goals on subject project will be
reduced accordingly. Agreements between the
bidder/proposer and a MBE/WBE in which the MBE/WBE
promises not to provide subcontracting quotations to other
bidders/proposers are prohibited.
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.
INSTRUCTIONS TO BIDDERS Page 10 of 14
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.
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.
INSTRUCTIONS TO BIDDERS Page 11 of 14
13. AWARD OF CONTRACT
a. Award of contract will be made to that responsive and responsible
bidder whose bid, conforming to the Specifications, is most
advantageous to the City of Waterloo; price and other factors
considered. The intention is to award the contract at the time of
opening bids, but the right is reserved to postpone such action for a
reasonable time, not exceeding thirty (30) days.
b. The City Council may, when in its interest, reject any or all bids or
waive any informality in bids received.
c. The bidder shall submit bids on all the items listed in the proposal
and shall state the unit bid price in words in the blank spaces
provided beneath the item description. Should there be any
discrepancy between the unit bid price in words and listed numeral
unit bid price, the City of Waterloo shall consider the unit bid price
in words as being the valid unit bid price. A computer-generated
spreadsheet as herein provided shall also be acceptable.
Proposals requiring mathematical computations to determine unit
prices or totals will be rejected. A contract will be awarded to the
qualified bidder submitting the lowest total bid for the BASE BID
plus ALTERNATE(S) chosen by the City as indicated in the
NOTICE TO BIDDERS.
d. When a contract for a public improvement is to be awarded to the
lowest responsive and responsible bidder, a resident bidder shall
be allowed a preference as against a nonresident bidder from a
state or foreign country if that state or foreign country gives or
requires any preference to bidders from that state or foreign
country, including but not limited to any preference to bidders, the
imposition of any type of labor force preference, or any other form
of preferential treatment to bidders or laborers from that state or
foreign country. The preference allowed shall be equal to the
preference given or required by the state or foreign country in which
the nonresident bidder is a resident. In the instance of a resident
labor force preference, a nonresident bidder shall apply the same
resident labor force preference to a public improvement in this state
as would be required in the construction of a public improvement by
the state or foreign country in which the nonresident bidder is a
resident.
INSTRUCTIONS TO BIDDERS Page 12 of 14
14. EXECUTION OF AGREEMENT, BONDS, 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 bonds shall
be in the same form as that included in the contract documents and
shall bear the same date as, or a date subsequent to that of the
agreement. The current Power of Attorney for the person who
signs for any surety company shall be attached to such bonds.
c. The successful bidder shall, within the period specified in
paragraph "a" above, furnish a certificate of insurance for approval
in amounts of not less than the amounts specified in the General
Specifications for Construction, Section F. No. 4 "Liability
Insurance," Pages 14 to 15 of 18 Pages. The certificate of
insurance shall be furnished in such number of copies as the City of
Waterloo may require. The City of Waterloo shall be named as an
"Additional Insured." The 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
INSTRUCTIONS TO BIDDERS Page 13 of 14
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.
15. BIDDER STATUS
Attention of bidders is called to the requirement of complying with the
provisions of the Resident Bidder/Non-Resident Bidder requirement.
Each bidder submitting a bid shall execute and include with the bid, a
Bidder Status Form in the form herein provided.
Failure to submit a fully completed Bidder Status Form with the bid may
result in the bid being deemed nonresponsive and rejected.
INSTRUCTIONS TO BIDDERS Page 14 of 14
FORM OF BID OR PROPOSAL
FY 2019 DYSART RD. AND W. 2ND ST. RECONSTRUCTION PROGRAM
CONTRACT NO. 970
CITY OF WATERLOO, IOWA
Honorable Mayor and City Council
Waterloo, Iowa
Gentlemen:
1. The undersigned, being a Corporation existing under the laws of the State of
a Partnership consisting of the following partners:
, having familiarized
(himself) (themselves) (itself) with the existing conditions on the project area affecting the cost of the
work, and with all the contract documents listed in the Table of Contents and Addenda (if any), as
prepared by the City Engineer of the City of Waterloo now on file in the office of the City Clerk, City
Hall, Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor,
materials, machinery, tools, appurtenances, equipment, and services, including utility and
transportation services required to construct and complete this FY 2019 DYSART RD. AND W. 2ND
ST. RECONSTRUCTION PROGRAM, Contract No. 970, all in accordance with the above-listed
documents and for the unit prices for work in place for the following items and quantities:
FY 2019 DYSART RD. AND W. 2ND ST. RECONSTRUCTION PROGRAM
CONTRACT NO. 970
SODAS
SPECIFICATION
*SEE TOTAL
BID SUPPLEMENTAL UNIT BID BID
ITEM SP=SPCL PROV DESCRIPTION UNIT EST QTY PRICE PRICE
DIVISION 2-EARTHWORK
1 2010-108-D * TOPSOIL,4 INCHES, ON OR OFF SITE SY 1,460 00 $ $
2 2010-108-E-0 * EXCAVATION, CLASS 10 CY 6,299.00 $ $
3 2010-108-G SUBGRADE PREPARATION SY 13,740 00 $ $
SUBGRADE TREATMENT,WOVEN GEOTEXTILE
4 2010 108 H*
OR GEOGRID SY 13,740.00 $ $
5 2010-108-I * SUBBASE, MODIFIED TON 11,250.00 $ $
6 IDOT 2121 GRANULAR SHOULDER,TYPE B TON 1,200.00 $ $
SUBTOTAL EARTHWORK $
DIVISION 4-SEWERS AND DRAINS-STORM _
STORM SEWER,TRENCHED, RCP 2000D, 24
7 4020 108 A 1 *
INCH LF 10.00 $ $
STORM SEWER,TRENCHED, RCP 2000D, 15
8 4020-108 A 1
INCH LF 5.00 $ $
FORM OF BID CONTRACT NO. 970 Page 1 of 4
SUDAS
SPECIFICATION
*SEE
BID SUPPLEMENTAL TOTAL
UNIT BID BID
ITEM SP=SPCL PROV
DESCRIPTION UNIT EST QTY PRICE PRICE
DIVISION 4-SEWERS AND DRAINS—STORM
(CONTINUED)
9 4020-108-A-1 * STORM SEWER, TRENCHED, RCP 2000D, 12
INCH LF 28.00 $ $
10 4040-108-A-0 SUBDRAIN, TYPE SP, 6 INCH LF 665.00 $ $
11 4040-108-A-0 SUBDRAIN, TYPE SP, 4 INCH LF 8,250.00 $ $
SUBDRAIN OUTLETS AND CONNECTIONS, CMP, —12 4040 108 D 0
6 OR 8 INCH EACH 44.00 $ $
13 4040-108-E-0 STORM SEWER SERVICE STUB, TYPE S, 4 INCH LF 30.00 $ $
$ $
DIVISION 6 -STRUCTURES FOR STORM ^'
SEWERS (CONTINUED) $ $
14 6010-108-A-0 * MANHOLE, SW-402 EACH 1.00 $ $
15 6010-108-A-0 MANHOLE, SW-406, SHALLOW RECTANGULAR EACH 1.00 $ $
16 6010-108-H-0 * REMOVE MANHOLE OR INTAKE, STORM EACH 4.00 $ $
17 6010-108-B-0 INTAKE, SW-501, SINGLE GRATE EACH 2.00
18 6010-108-B-0 INTAKE, SW-507 EACH 1.00
19 SP#2 INTAKE, SW-507, R&R TOP& INSERT ONLY EACH 3.00 $ $ —
20 SP#2 INTAKE, E-1-C, R&R BOXOUT ONLY EACH 2.00 $ $
21 SP#3 FURNISH AND INSTALL SW-603 TYPE R CASTING EACH 2.00 $ $
SUBTOTAL STORM SEWER $
DIVISION 5-WATER MAINS AND
APPURTENANCES
22 SP# 1 WATER SERVICE KILL EACH 2.00 $ $
SUBTOTAL WATER APPURTENANCES $
DIVISION 7 -STREETS AND RELATED WORK
PCC PAVEMENT
23 7010-108-A-0 PAVEMENT, PCC, 7 INCH, C-SUD OR IDOT QMC SY 548.00 $ $
24 7010-108-A-0 PAVEMENT, PCC, 9 INCH, C-SUD OR IDOT QMC SY 990.00 $ $
25 7010-108-A-0 PAVEMENT, PCC, 10 INCH, C-SUD OR IDOT QMC SY 11,937.00
26 7020-108-H-0 PCC PAVEMENT SAMPLES AND TESTING LS 1.00 $ $
27 11,050-108-A-0 CONCRETE WASHOUT LS 1.00 $ $ —
28 7010-3.04 COLD WEATHER CONCRETE PROTECTION SY 600.00 $ $
29 7010,3.02,J * LINSEED OIL TREATMENT SY 4,233.00 $ $
SIDEWALKS, SHARED USE PATHS AND
DRIVEWAYS
30 7030-108-A-0 REMOVAL OF SIDEWALK AND DRIVEWAY SY 260.10 $ $
31 7030-108-E-0 SIDEWALK, PCC, 4 INCH, C-4 SY 16.30 $ $
32 7030-108-E-0 SIDEWALK, PCC, 6 INCH PEDESTIAN RAMP, C-4 SY 79.80 $ $
33 7030-108-G-0 DETECTABLE WARNING SF 104.00 $ $
DRIVEWAY AND SIDEWALK, PAVED, PCC, 7
34 7030 108 H-1
INCH, C-4 SY 92.00 $ $
35 7030-108-H-2 DRIVEWAY, GRANULAR TON 15.00 $ $
PAVEMENT REHABILITATION
36 7040-108-H-0 * PAVEMENT REMOVAL, CONCRETE SY 13,161.00 $ $
37 7040-3.02-A SAW CUT LF 657.00 $ $
SUBTOTAL STREETS AND RELATED WORK $
FORM OF BID CONTRACT NO. 970 Page 2 of 4--
SUDAS
SPECIFICATION
*SEE TOTAL
BID SUPPLEMENTAL UNIT BID BID
ITEM SP=SPCL PROV DESCRIPTION UNIT EST QTY PRICE PRICE
DIVISION 8-PAVEMENT MARKINGS AND
TRAFFIC CONTROL
PAVEMENT MARKINGS
38 8020 108 B 0 PAINTED PAVEMENT MARKINGS,
SOLVENTNVATERBOURNE STA 87.67 $ $
TEMPORARY TRAFFIC CONTROL
39 8030-108-A-0 TEMPORARY TRAFFIC CONTROL LS 1.00 $ $
40 8030-2.02 DIRECTIONAL SIGNS, PER DETAILS EACH 2.00
41 8030-2.02 DETOUR, DYSART ROAD LS 1.00 $ $
SUBTOTAL PAVEMENT MARKING AND TRAFFIC CONTROL $
DIVISION 9-SITE WORK AND LANDSCAPING
SEEDING
42 9010 108 B 0 HYDRAULIC SEEDING, SEEDING, FERTILIZING
AND MULCHING SY 1,936.00 $ $
43 9010-108-E-0 * WARRANTY SY 750.00 $ $
EROSION AND SEDIMENT CONTROL
44 9040-108-F-1 WATTLE, STRAW,6 INCH LF 2,500.00 $ $
45 9040-108-F-2 WATTLE, REMOVAL LF 2,500.00 $ $
46 9040 108 T-1 INLET PROTECTION DEVICE, INTERMEDIATE
AND DROP IN OR SURFACE APPLIED EACH 8.00 $ $
47 9040-108-T-2 * INLET PROTECTION DEVICE, MAINTENANCE EACH 8.00 $ $
SUBTOTAL SITE WORK AND LANDSCAPING $
DIVISION 11 -MISCELLANEOUS
CONSTRUCTION SURVEY
48 11010-108-A CONSTRUCTION SURVEY LS 1.00 $ $
SUBTOTAL MISCELLANEOUS $
TOTAL BID $
2. It is understood that the quantities set forth are approximate only and subject to variation and that the
unit bid price for the work done shall govern in the actual payment to Contractor.
3. In submitting this bid, the bidder understands that the right is reserved by the City of Waterloo, Iowa,
to reject any or all bids. If written notice of the acceptance of this bid is mailed, telegraphed, or
delivered to the undersigned within thirty (30) days after the opening thereof or at any time thereafter
before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the
prescribed form and furnish the required bond and certificate of the insurance within ten (10) days
after the agreement is presented to him for signature, and start work within ten (10) days after
"Notice to Proceed" is issued.
4. Security in the sum of Dollars
($ ) in the form of , is submitted herewith in
accordance with the INSTRUCTIONS TO BIDDERS.
5. Attached hereto is a Non-Collusion Affidavit of Prime Contractor.
FORM OF BID CONTRACT NO. 970 Page 3 of 4
6. Attached hereto is a Bidder Status Form.
7. The bidder is prepared to submit a financial and experience statement upon request.
8. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 in
work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC,-
within ten (10) days of notification that the bid submitted is lowest and acceptable.
9. The bidder has received the following Addendum or Addenda:
Addendum No. Date
10. The bidder shall list the MBEANBE 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 Contractor shall submit information on subcontractors on "SUBCONTRACTOR REQUEST AND-
APPROVAL" Form to be provided by City prior to approval of contract.
The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer
cannot be changed except for the following reasons:
1) The City of Waterloo does not approve the subcontractors.
2) The subcontractors submit in writing that they cannot fulfill their subcontracts.
11. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none"
or"NA".
12. The bidder has attached all applicable forms.
13. The Owner reserves the right to select alternates, delete line items, and/or to reduce quantities prior
to the award of a contract due to budgetary limitations.
(Name of Bidder) (Date)
BY: Title
Official Address: (Including Zip Code):
I.R.S. No.
FORM OF BID CONTRACT NO. 970 Page 4 of 4 -
INFORMATION NEEDED
FOR
IOWA CONSTRUCTION SALES TAX EXEMPTION CERTIFICATE
CONTRACTOR NAME:
ADDRESS:
(Check One) PRIME SUBCONTRACTOR
FEDERAL ID#:
PROJECT NAME:
PROJECT CONTRACT NO.:
DESCRIPTION OF WORK:
❑ Brickwork ❑ Landscaping
❑ Carpentry ❑ Painting
❑ Concrete ❑ Paving
❑ Drywall-Plaster-Insulation ❑ Plumbing
❑ Electrical ❑ Roofing-Siding-Sheet Metal
❑ Excavation/Grading ❑ Windows
❑ Flooring ❑ Wrecking-Demolition
❑ Heavy Construction ❑ Other (Please specify)
❑ Heating-Ventilating-Air Cond
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 paymert
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
, 20 , 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 paymen• 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.201
(Seal)
Principal
By
(Title)
(Seal)
Witness Surety
By
Witness Attorney-in-fact
NON-COLLUSION AFFIDAVIT OF PRIME BIDDER
State of
)ss
County of
, being first duly sworn, deposes and says that:
1. He is (Owner, Partner, Officer, Representative, or Agent) , of_
, the Bidder that has submitted the attached Bid;
2. He is fully informed respecting the preparation and contents of the attachec 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
, 201 .
Title
My commission expires
NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR
State of
ss:
County of
, being first duly sworn, deposes and says
that:
1. He is (Owner, Partner, Officer, Representative, or Agent) , of
hereinafter referred to as the "Subcontractor;"
2. He is fully informed respecting the preparation and contents of the subcontractor's
proposal submitted by the subcontractor to
, contract pertaining to the
project in
(City or County and State)
3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal;
4. Neither the subcontractor nor any of its officers, partners, owners, agents,
representatives, employees, or parties in interest, including this affiant, has in any way
colluded, conspired, connived, or agreed, directly or indirectly, with any other bidder, firm
or person to submit a collusive or sham proposal in connection with such contract or to
refrain from submitting a proposal in connection with such contract, or has in any manner,
directly or indirectly, sought by unlawful agreement or connivance with any other bidder,
firm or person to fix the price or prices in said subcontractor's proposal, or to fix any
overhead, profit or cost element of the price of prices in said subcontractor's proposal, or
to secure through collusion, conspiracy, connivance or unlawful agreement any
advantage against the City of Waterloo, Iowa, or any person interested in the proposed
contract; and
5. The price or prices quoted in the subcontractor's proposal are fair and proper and are not
tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the
bidder or any of its agents, representatives, owners, employees, or parties in interest,
including this affiant.
(Signed)
Title
Subscribed and sworn to before me this day of
, 201 .
Title
My commission expires
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.
EQUAL OPPORTUNITY CLAUSE PAGE 1 OF 2 PAGES
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 and with rules and regulations of the City's Affirmative Action
Program—Contract Compliance Provisions relative to Resolution No.
24664.
6. In the event of the contractor's non-compliance with the non-discrimination
clauses of this contract or with any of such rules, regulations and orders,
this contract may be canceled, terminated or suspended in whole or in
part and the contractor may be declared ineligible for further contracts in
accordance with procedures authorized by the City Council.
7. The contractor, subcontractor, vendor and supplier of goods and services
will include, or incorporate by reference, the provisions of the non-
discrimination clause in every contract, subcontract or purchase order
unless exempted by the rules, regulations or orders of the City's
Affirmative Action Program, and will provide in every subcontract, or
purchase order that said provisions will be binding upon each contractor,
subcontractor, or supplier.
8. We, the undersigned, recognize that we are morally and legally committed
to non-discrimination in employment. Any person who applies for
employment with our company will not be discriminated against because
of race, creed, color, sex, national origin, economic status, age, mental or
physical disabilities.
(Signed)
(Appropriate Official)
(Title)
(Date)
EQUAL OPPORTUNITY CLAUSE PAGE 2 OF 2 PAGES
TITLE VI CIVIL RIGHTS
During the performance of this contract, the contractor (for itself), its assignees, and
successors in interest (hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations: The contractor shall comply with the Regulations
relative to non-discrimination in Federally assisted programs of the DOT Title 49,
Code of Federal Regulations, Part 21, as they may be amended from time to
time, (hereinafter referred to as the Regulations), which are herein incorporated
by reference and made a part of this contract.
2. Nondiscrimination: The contractor, with regard to the work performed by it during
the contract, shall not discriminate on the grounds of race, color, national origin,
sex, age, or disability in the selection and retention of subcontractors, including
procurement of materials and leases of equipment. The contractor shall not
participate either directly or indirectly in the discrimination prohibited by section
21.5 of the Regulations, including employment practices when the contract
covers a program set forth in Appendix B of the Regulations.
3. Solicitations for Subcontracts, Including Procurement of Materials and
Equipment: In all solicitations either by competitive bidding or negotiation made
by the contractor for work to be performed under a subcontract, including
procurement of materials or leases of equipment, each potential subcontractor or
supplier shall be notified by the contractor of the contractor's obligations under
this contract and the Regulations relative to non-discrimination on the grounds of
race, color, national origin, sex, age, or disability.
4. Information and Reports: The contractor shall provide all information and reports
required by the Regulations or directives issued pursuant there to, and shall
allow access to its books, records, accounts, other sources of information, and its
facilities as may be determined by the Contracting Authority, the Iowa DOT, or
FHWA to be pertinent to ascertain compliance with such Regulations, orders and
instructions. Where any information required of a contractor is in the exclusive
possession of another who fails or refuses to furnish this information the
contractor shall so certify to the Contracting Authority, the Iowa DOT, or the
FHWA as appropriate, and shall set forth what efforts it has made to obtain the
information.
5. Sanctions for Noncompliance: In the event of the contractor's noncompliance
with the nondiscrimination provisions of this contract, the Contracting Authority,
the Iowa DOT, or the FHWA shall impose such contract sanctions as they may
determine to be appropriate, including, but not limited to:
a. Withholding of payments to the contractor under the contract until the
contractor complies, and/or
b. Cancellation, termination, or suspension of the contract, in whole or in
part.
6. Incorporation of Provisions: The contractor shall include the provisions of
paragraphs (1) through (6) in every subcontract, including procurement of
materials and leases of equipment, unless exempt by the Regulations, or
directives issued pursuant thereto. The contractor shall take such action with
respect to any subcontract or procurement as the Contracting Authority, the Iowa
DOT, or the FHWA may direct as a means of enforcing such provisions including
sanctions for non-compliance: Provided, however, that, in the event of a
contractor becomes involved in, or it threatened with, litigation with a
subcontractor or supplier as a result of such direction, the contractor may request
the Contracting Authority or the Iowa DOT to enter into such litigation to protect
the interests of the Contracting Authority or the Iowa DOT; and, in addition, the
contractor may request the United States to enter into such litigation to protect
the interest of the United States.
Bidder Status Form
To be completed by all bidders Part A
Please answer"Yes"or"No"for each of the following:
❑ Yes ❑ No My company is authorized to transact business in Iowa.
(To help you determine if your company is authorized, please review the worksheet on the next page).
❑ Yes ❑ No My company has an office to transact business in Iowa.
❑ Yes ❑ No My company's office in Iowa is suitable for more than receiving mail, telephone calls, and e-mail.
❑ Yes ❑ No My company has been conducting business in Iowa for at least 3 years prior to the first request for
bids on this project.
❑ Yes ❑ No My company is not a subsidiary of another business entity or my company is a subsidiary of another
business entity that would qualify as a resident bidder in Iowa.
If you answered "Yes"for each question above, your company qualifies as a resident bidder. Please
complete Parts B and D of this form.
If you answered "No"to one or more questions above, your company is a nonresident bidder. Please
complete Parts C and D of this form.
To be completed by resident bidders Part B
My company has maintained offices in Iowa during the past 3 years at the following addresses:
Dates: / / to / / Address:
City, State, Zip:
Dates: / / to / / Address:
City, State, Zip:
Dates: / / to / / Address:
You may attach additional sheet(s) if needed. City, State, Zip:
To be completed by non-resident bidders Part C
1. Name of home state or foreign country reported to the Iowa Secretary of State:
2. Does your company's home state or foreign country offer preferences to resident bidders, resident labor
force preferences or any other type of preference to bidders or laborers? ❑ Yes ❑ No
3. If you answered"Yes"to question 2, identify each preference offered by your company's home state or foreign country
and the appropriate legal citation.
You may attach additional sheet(s)if needed.
To be completed by all bidders Part D
I certify that the statements made on this document are true and complete to the best of my knowledge and I know that my
failure to provide accurate and truthful information may be a reason to reject my bid.
Firm Name:
Signature: Date:
You must submit the completed form to the governmental body requesting bids per 875 Iowa Administrative Code
Chapter 156. This form has been approved by the Iowa Labor Commissioner.
309-6001 (09-15)
Worksheet: Authorization to Transact Business
This worksheet may be used to help complete Part A of the Resident Bidder Status form. If at least one of the following
describes your business, you are authorized to transact business in Iowa.
❑ Yes ❑ No My business is currently registered as a contractor with the Iowa Division of Labor.
❑ Yes ❑ No My business is a sole proprietorship and I am an Iowa resident for Iowa income tax purposes.
❑ Yes ❑ No My business is a general partnership or joint venture. More than 50 percent of the general
partners or joint venture parties are residents of Iowa for Iowa income tax purposes.
❑ Yes ❑ No My business is an active corporation with the Iowa Secretary of State and has paid all fees
required by the Secretary of State, has filed its most recent biennial report, and has not filed
articles of dissolution.
❑ Yes ❑ No My business is a corporation whose articles of incorporation are filed in a state other than Iowa,
the corporation has received a certificate of authority from the Iowa secretary of state, has filed
its most recent biennial report with the secretary of state, and has neither received a certificate of
withdrawal from the secretary of state nor had its authority revoked.
❑ Yes ❑ No My business is a limited liability partnership which has filed a statement of qualification in this
state and the statement has not been canceled.
❑ Yes ❑ No My business is a limited liability partnership which has filed a statement of qualification in a
state other than Iowa, has filed a statement of foreign qualification in Iowa and a statement of
cancellation has not been filed.
❑ Yes ❑ No My business is a limited partnership or limited liability limited partnership which has filed a
certificate of limited partnership in this state, and has not filed a statement of termination.
❑ Yes ❑ No My business is a limited partnership or a limited liability limited partnership whose certificate of
limited partnership is filed in a state other than Iowa, the limited partnership or limited liability
limited partnership has received notification from the Iowa secretary of state that the application
for certificate of authority has been approved and no notice of cancellation has been filed by the
limited partnership or the limited liability limited partnership.
❑ Yes ❑ No My business is a limited liability company whose certificate of organization is filed in Iowa and has
not filed a statement of termination.
❑ Yes ❑ No My business is a limited liability company whose certificate of organization is filed in a state other
than Iowa, has received a certificate of authority to transact business in Iowa and the certificate
has not been revoked or canceled.
309-6001 (09-15)
Revised February 2003
CONTRACTOR'S OR SUBCONTRACTOR'S AFFIRMATIVE ACTION PROGRAM
Check box that applies to party completing program:
( ) General Contractor
( ) Subcontractor
I. Section A to be completed by GENERAL CONTRACTORS only:
A.
Name of Company
Address of Company Zip
Telephone Number ( )
Federal ID Number (if no Federal ID Number, Owner/President's Social
Security Number)
Name of Equal Employment Officer
Name of Project
Project Contract Number
Estimated Construction Work Dates /
Start Finish
Section B to be completed by SUBCONTRACTORS only:
B.
Name of General or Prime Contractor —
Name of Subcontractor
Subcontractor's Address Zip
Subcontractor's Telephone Number ( )
Subcontractor's Federal ID Number (if no Federal ID Number
Owner/President's Social Security Number)
Name of Equal Employment Officer
- 1 -
C. Remainder of program to be completed by party completing program,
either Prime or Subcontractor.
1. The Owners and/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
- 2 -
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.
III. AFFIRMATIVE ACTION
A. recognizes that the
(Name of Company)
effective application of a policy of merit employment involves more than
just a policy statement, and
(Name of Company)
will, therefore, re-evaluate our Affirmative Action Program to ensure that
equal employment opportunities are available on the basis of individual
merit, and to actively encourage minorities, women and local residents
to seek employment with our company on this basis.
B. will undertake the
(Name of Company)
following six (6) steps to improve our Affirmative Action Program:
1. Minority Recruitment and Employment;
2. Local Recruitment and Employment;
3. Disabled Veteran and Vietnam Era Veteran Recruitment and
Employment;
4. Handicapped Recruitment and Employment;
5. Female Recruitment and Employment; and
6. Training, Upgrading and Promotional Opportunities.
C. will take
(Name of Company)
whatever steps are necessary to ensure that our total work force has
adequate minority, female, and local representation. We will utilize the
following methods in our recruitment attempts:
1. Local advertising media (newspapers, radio, TV);
2. Community organizations (churches, clubs, schools);
3. Public and private institutions in the area (UNI, Hawkeye
Community College);
4. Job Service of Iowa; and
5. Other.
- 3 -
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.
H. has taken the following
(Name of Company)
Affirmative Action to ensure that minority, female, local contractors
and/or suppliers were provided opportunities to negotiate and/or bid on
this project: (if none, write "NONE")
1.
2.
As a result of the above efforts, we have involved minority, female, and
local contractors and/or suppliers in the following areas of
subcontracting: (if none, write "NONE")
1.
2.
J. will require approved
(Name of Company)
Affirmative Action Programs from all nonexempt contractors who
propose to work on this project and will take whatever steps are
necessary to ensure that non-minority contractors have adequate
representation of minority, female and local persons in their total work
force.
- 4 -
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 201_, 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: 0/0
Goals for Women:
*your affirmative action goals should be between 1% and 10% or more
for minorities and 1% and 5% or more for women.
Please be advised that the goals or targets are purely your estimation
of how many women and minorities your company can reasonably
expect to hire in 201_. 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).
- 5 -
CONTRACTOR'S TOTAL WORK FORCE
(WATERLOO)
HOURLY
NAME AND ADDRESS JOB CATEGORY RACE SEX WAGE
INDICATE: DISABLED VETERAN: DV
VIETNAM ERA VETERAN: VV
HANDICAPPED: H
- 6 -
We hereby certify that we are in compliance with all City and Federal
Affirmative Action Regulations and agree to accept all liability for failure to
comply.
Respectfully submitted,
By:
Company Executive
Date
By:
Equal Employment
Opportunity Officer
Date
City of Waterloo Affirmative Action Officer
Approved
Disapproved Reason:
By:
Date:
- 7 -
DESCRIPTION OF JOB CATEGORIES
1. Officials/Manager: Occupations in which employees set broad policies,
exercise overall responsibility for execution of all policies, or direct individual
departments or special phases of the agency's operations or provide
specialized consultation on a regional, district or area basis. Includes:
department heads, bureau chiefs, division chiefs, directors, deputy directors,
controllers, examiners, wardens, superintendents, unit supervisors, sheriffs,
police and fire chiefs and inspectors and kindred workers.
2. Professionals: Occupations which require specialized and theoretical
knowledge which is usually required through college training or thorough work
experience and other training which provides comparable knowledge.
Includes: personnel and labor relations workers, social workers, doctors,
psychologists, registered nurses, economists, dietitians, lawyers, system
analysts, accountants, engineers, employment and vocational rehabilitation
counselors, teachers or instructors, police and fire captains and lieutenants
and kindred workers.
3. Technicians: Occupations which require a combination of basic scientific or
technical knowledge and manual skill which can be obtained through
specialized post-secondary school education and through equivalent on-the-
job training. Includes: computer programmers and operations, draftsmen,
surveyors, licensed practical nurses, photographs, radio operators, technical
illustrators, police and fire sergeants and kindred workers.
4. Office/Clerical: Workers are responsible for internal and external
communication, recording and retrieval of data and/or information and other
paper work required in an office. Includes: bookkeepers, messengers, office
machine operators, clerk-typists, stenographers, court transcribers, hearing
reporters, statistical clerks, dispatchers, license distributors, payroll clerks and
kindred workers.
5. Skilled Craft Workers: Workers perform jobs which require special manual
skill and a thorough and comprehensive knowledge of the processes involved
in the work which is acquired through on-the-job training programs. Includes:
Mechanics and repairman, electricians, heavy equipment operators, stationary
engineers, skilled machine occupations, carpenters, compositors and
typesetters and kindred workers.
6. Sales Workers: Occupations engaging wholly and primarily in direct selling.
Includes: advertising agents and salesman, insurance agents and brokers,
real estate agents and brokers, stock and bond salesmen, demonstrators,
salesmen and sales clerks, grocery clerks and cashier checkers, and kindred
workers.
- 8 -
7. Operatives (semi-skilled): Workers who operate machine or processing
equipment or perform other factory-type duties of intermediate skill level which
can be mastered in a few weeks and require only limited training. Includes:
apprentices (auto mechanics), plumbers, building trades, metal working
trades, bricklayers, carpenters, electricians, machinists, mechanics, printing
trades, etc., operatives, attendants (auto service and parking), plasterers,
chauffeurs, deliverymen and furnacemen, heaters (metal), laundry and dry
cleaning operatives, milliners, mine operatives and laborers, motormen, oilers
and greasers, (except auto painters), (except construction and maintenance),
photographic process workers, stationary fireman, truck and tractor drivers,
weavers, (textile), welders and flame cutters and kindred workers.
8. Laborers (unskilled): Workers in manual occupations which generally
require no special training. Perform elementary duties that may be learned in
few days and require the application of little or no independent judgment.
Includes: garage laborers, car washers and greasers, gardeners (except
farm) and groundskeepers, longshoremen, and stevedores, lumbermen,
raftsmen and woodchoppers, laborers performing lifing, digging, mixing,
loading and pulling operations and kindred workers.
9. Apprentices: Persons employed in a program including work training and
related instruction to learn a trade or craft which is traditionally an
apprenticeship, regardless of whether the program is registered with a Federal
or State agency.
10. Trainees (on-the-job): Production. . . persons in formal training for craftsmen
when not trained under apprentice programs--operative laborer and service
occupations.
White Collar. . . persons engaged in formal training for clerical, managerial,
professional, technical, sales, office and clerical occupations.
- 9 -
ITEMS OF POTENTIAL MBE/WBE PARTICIPATION
NOTICE TO PROSPECTIVE BIDDERS:
The following are items from the FY 2019 DYSART RD. AND W. 2ND ST.
RECONSTRUCTION PROGRAM, Contract No. 970, that have a potential for
MBE/WBE Participation. This listing, however, is not intended to be all encompassing;
to preclude MBE/VVBE Contractors from bidding on any items of the Proposal as a
Subcontractor or the entire Proposal as a Prime Contractor.
SUDAS
SPECIFICATION TOTAL
BID *SEE EST
ITEM SUPPLEMENTAL DESCRIPTION UNIT QTY
SP=SPCL
PROV
DIVISION 4-SEWERS AND DRAINS -STORM
7 4020-108-A-1 * STORM SEWER,TRENCHED, RCP 2000D,24 INCH LF 10.00
8 4020-108-A-1 * STORM SEWER,TRENCHED, RCP 2000D, 15 INCH LF 5.00
9 4020-108-A-1 * STORM SEWER,TRENCHED, RCP 2000D, 12 INCH LF 28.00
10 4040-108-A-0 SUBDRAIN,TYPE SP,6 INCH LF 665.00
11 4040-108-A-0 SUBDRAIN,TYPE SP,4 INCH LF 8,250.00
SUBDRAIN OUTLETS AND CONNECTIONS, CMP,6 OR 8
12 4040 108 D 0
INCH EACH 44.00
13 4040-108-E-0 STORM SEWER SERVICE STUB,TYPE S, 4 INCH LF 30.00
DIVISION 6-STRUCTURES FOR STORM SEWERS
14 6010-108-A-0 * MANHOLE, SW-402 EACH 1.00
15 6010-108-A-0 MANHOLE, SW-406, SHALLOW RECTANGULAR EACH 1.00
16 6010-108-H-0 * REMOVE MANHOLE OR INTAKE, STORM EACH 4.00
17 6010-108-B-0 INTAKE, SW-501, SINGLE GRATE EACH 2.00
18 6010-108-B-0 INTAKE, SW-507 EACH 1.00
19 SP#2 INTAKE, SW-507, R&R TOP& INSERT ONLY EACH 3.00
20 SP#2 INTAKE, E-1-C, R&R BOXOUT ONLY EACH 2.00
21 SP#3 FURNISH AND INSTALL SW-603 TYPE R CASTING EACH 2.00
DIVISION 5-WATER MAINS AND APPURTENANCES
22 SP# 1 WATER SERVICE KILL EACH 2.00
DIVISION 7-STREETS AND RELATED WORK
SIDEWALKS,SHARED USE PATHS AND DRIVEWAYS
31 7030-108-E-0 SIDEWALK, PCC C-4,4 INCH, C-4 SY 16.30
32 7030-108-E-0 SIDEWALK, PCC C-4, 6 INCH PEDESTIAN RAMP, C-4 SY 79.80
33 7030-108-G-0 DETECTABLE WARNING SF 104.00
34 7030-108-H-1 DRIVEWAY AND SIDEWALK, PAVED, PCC, 7 INCH, C-4 SY 92.00
35 7030-108-H-2 DRIVEWAY, GRANULAR TON 15.00
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
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
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)
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:
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)
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CERTIFIED
MBE / WBE CONTRACTORS
CITY OF WATERLOO, IOWA
aL
wloo
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.cityofwaterlooiowa.com/contractcompliance
Contact: Rudy Jones,Community Development Director
Email: rudv.ionesnwaterloo-ia.org
-- Phone: (319) 291-4429
Fax: (319) 291-4431
MBE/WBE Certified Contractors List
Page 1 of 4
CERTIFIED MBE CONTRACTORS -
CARTER ELECTRIC ...
725 Adams Street
Waterloo, IA 50703
Phone: (319)232-9808 _.
Pager: (319) 235-4021
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
D.C. CORPORATION
426 Beech Street
Waterloo, IA 50703
Phone: (319) 493-2542
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
OLD GREER'S WORKS
2309 Springview Street
Waterloo, IA 50707
Phone: (319)233-2150
Contact: David L. Greer, Sr.
Specializing in:
ROOFING& GENERAL CONSTRUCTION
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
D & D CONSTRUCTION
1124 West Donald Street
Waterloo, IA 50703
Phone: (319) 961-4208
Contact: Darrell E. Caldwell, Sr.
Specializing in:
ROOFING AND GENERAL CONSTRUCTION
E. CASTRO ROOFING
702 Riehl Street
Waterloo, IA 50701
Phone: (319)215-5683
Contact:Emillio Castro
Specializing in:
ROOFING, SIDING, GENERAL CONSTRUCTION
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
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
PETERMAN & HAES CARPET ONE*
4003 University
Waterloo, IA 50701
Phone: (319) 233-6131
Fax: (319) 233-6133
Certified: City of Waterloo WBE
Email: JR11486@cfu.net
Contact: Carol Reese
Specializing in:
FLOOR COVERING
*DENOTES WOMEN BUSINESS ENTERPRISE
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:
STATEMENT OF BIDDER'S QUALIFICATIONS PAGE 1 OF 2 PAGES
16. Will you, upon request, fill out a detailed financial statement and furnish any
other information that may be required by the City of Waterloo, Iowa?
17. The undersigned hereby authorizes and requests any person, firm, or
corporation to furnish any information requested by the City of Waterloo, Iowa,
in verification of the recitals comprising this Statement of Bidder's
Qualifications.
Dated at , this day of
, 201_.
(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
, 201
Notary Public
My commission expires ,
STATEMENT OF BIDDER'S QUALIFICATIONS PAGE 2 OF 2 PAGES
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 2019 DYSART RD.
AND W. 2ND ST. RECONSTRUCTION PROGRAM, Contract No. 970, 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 May 6, 2019. They have the general title of FY 2019 DYSART
RD. AND W. 2ND ST. RECONSTRUCTION PROGRAM, Contract No. 970.
The drawings are numbered and separately entitled as follows:
SHEET# PLAN SHEET DESCRIPTION
1 TITLE SHEET, LOCATION MAP, PLAN SHEET INDEX
2 GENERAL NOTES
3 PAVEMENT MARKINGS TABULATION, IDOT STANDARD ROAD PLANS, SUDAS
DETAILS LIST, & LEGEND
4 ESTIMATE OF QUANTITIES
5 TYPICAL SECTIONS, PAVEMENT THICKNESS AND WIDTH
6—22 DYSART ROAD— PLAN/PROFILE, TABLES, INTER. DETAILS, STAGING, DETOUR
23—25 W. 2ND STREET—PLAN PROFILE, TABLES, INTER. DETAILS
26—31 STANDARD DETAILS
32—33 STORMWATER POLLUTION PROTECTION DETAILS
The standard specifications of the City of Waterloo are to be used along with the special
provisions described herein and shall be considered as part of the contract documents.
2. CONFLICTING SPECIFICATIONS
All requirements of other specifications contained in the contract documents which
conflict with the provisions of the special provisions will be considered void.
3. DUMPING AREAS
Excess material resulting from construction operations shall be hauled to the County
Landfill or other area secured by the Contractor and approved by the City Engineer.
Rubble, rubbish, trees, brush, and other unsuitable backfill material, as designated by the
City Engineer, shall be hauled to the County Landfill. All Landfill charges are to be
considered incidental to the contract and are the responsibility of the Contractor.
4. CONSTRUCTION DAMAGE
The Contractor shall exercise care during construction operations to ensure the safety
and protection to existing features located near or within the limits of construction.
Damage caused by negligence or poor workmanship, as determired by the Engineer,
shall be considered the Contractor's responsibility.
GENERAL SPECIAL PROVISIONS CONTRACT NO. 970 Page 1 of 5
5. REMOVED MATERIALS
All materials removed as part of this Contract shall remain the property of the City unless
the City determines that he 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
nonsalvageable 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. OVERHAUL
Overhaul will not be paid for "surplus material" obtained from any of the items of
construction under this contract. The cost of overhaul will be considered as incidental to
the items to which it applies.
7. MAILBOXES/STOP SIGNS
The Contractor shall notify the United States Postal Department of mailboxes, which
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.
The removal and replacement of stop signs will not be considered for direct payment, but
will be considered incidental to the item to which it applies.
8. 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.
9. 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 Engineer a detailed estimate giving
a complete breakdown of the lump sum contract prices. The submitted breakdown shall
be approved by the City Engineer prior to any payment of any lump sum price item.
10. 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
GENERAL SPECIAL PROVISIONS CONTRACT NO. 970 Page 2 of 5
necessary permits or permission shall be considered completely covered by the price bid
for the items in the proposal.
11. CONSTRUCTION SCHEDULING
The City Engineer shall approve Contractor's work schedule prior to starting. All
revisions shall also be approved. The City Engineer may change the schedule to
accommodate changing construction conditions.
The Contractor shall coordinate the work under this contract with contractors performing
work under other contracts which may be performed concurrently.
The Contractor shall be responsible to notify the Police, Fire, Street and Engineering
Departments of the closing and opening of streets.
The Contractor shall commence work within ten (10) days after receipt of the "Notice to
Proceed" and diligently execute the work of the contract to completion.
12. PRE-CONSTRUCTION CONFERENCE
Before any work is started, the Contractor shall arrange with the City Engineer to hold a
pre-construction conference to discuss problems and schedules of contracts.
13. 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.
14. 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.
15. TRAFFIC CONTROL DURING CONSTRUCTION
The Contractor shall, at his own expense and without further or other order, provide,
erect and maintain, at all times during the progress and suspension of the work and until
completion and final acceptance thereof, suitable and requisite barricades, signs or other
adequate protection, as required by the latest edition of Part VI of the "Manual on Uniform
Traffic Control Devices" and shall provide, keep and maintain such barricades, signs,
etc., as may be required or as may be ordered by the Engineer, to ensure the safety of
GENERAL SPECIAL PROVISIONS CONTRACT NO. 970 Page 3 of 5
the public as well as those engaged on the work. All barricading plans shall be reviewed
by the Engineer.
The Contractor shall determine, provide and obtain approval from the 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 Part VI of the "Manual on Uniform Traffic Control Devices." Encapsulated lens
sheeting is not required on this project.
16. GRADES, LINES, LEVELS AND SURVEYS
All necessary grades, lines, levels and surveys shall be established and maintained by
the Contractor.
The Contractor shall verify all grades, lines, levels and dimensions as sown on the
drawings, and he shall report any errors or inconsistencies in the same to the City
Engineer before commencing work.
17. 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.
18. CONSTRUCTION EQUIPMENT FOR PORTLAND CEMENT CONCRETE
PAVEMENT
Section IX "Construction Equipment" of the "Specifications for Concrete Paving,
Widening, and Curb and Gutter" of the Standard Specifications for Municipal Public
Works Construction, City of Waterloo, Iowa, shall be amended as follows:
Iowa Department of Transportation standard specification Section 2301.07 Construction
Equipment For Portland Cement Concrete Pavement shall apply with the following
exception to Section 2301.07.A.7.b Finishing Machine: The first sentence shall read as
"A finishing machine will be required on all uniform width slabs ten (10) feet or more in
width upon which a continuous line of forms more than one hundred fifty (150) feet in
length may be set, except for intersections or otherwise approved by the Engineer."
19. WORKING ON SATURDAYS, SUNDAYS AND LEGAL HOLIDAYS
The Contractor shall notify the Engineer in writing forty-eight (48) hours in advance if
work on Saturday is planned. By noon the Friday before the planned Saturday work, the -
Contractor shall confirm the Saturday work schedule with the project inspector.
GENERAL SPECIAL PROVISIONS CONTRACT NO. 970 Page 4 of 5
Work on Sunday requires prior approval of the Engineer in accordance with the Waterloo
Standard Specifications. The Contractor shall not work the following days in 2019 due to
City holidays: May 27, July 4, and September 2.
GENERAL SPECIAL PROVISIONS CONTRACT NO. 970 Page 5 of 5
SPECIAL PROVISIONS
DIVISION 5 — WATER MAINS AND APPURTENANCES
1. WATER SERVICE KILL
The work involved in this item is for the Contractor to locate the water service
connections at the addresses or locations indicated on the plans, and to remove
the existing water service line and curb box and stop, if necessary, and install a
plug at the tap location where the corporation is located. This item shall include
all work necessary to perform this work including excavation and backfilling
operations. If the water service is found to have already been killed (plugged),
the Contractor shall be paid for an Underground Investigation. If more than one
kill is done per excavation, only one water service kill will be paid. This bid item
shall be paid on a per each basis.
When a water service kill can be made as part of another water service
excavation, i.e. as part of a new or renew water service installation, no separate
payment shall be made for the kill.
DIVISION 6 — STRUCTURES FOR SANITARY AND STORM SEWERS
2. REMOVE AND REPLACE BOXOUTS: E-1-C INLET; E-2-C INLET; E-3-C
INLET; SW INSERTS AND TOPS; MODIFIED INLETS
These bid items involve removing and replacing concrete boxouts, inserts or tops
around castings of inlet structures. The Contractor shall remove the existing
boxout and casting from the structure, remove the concrete from the casting,
reset the casting to the proper elevation according to the standard detail included
in the plans.
Any damages to the casting or structure caused by the Contractor's operations
will be the Contractor's responsibility. The Contractor shall be responsible for
protecting existing castings from theft or damage whether to be reused in this
project or to be delivered to the City Waste Management Yard. If theft or
damage of castings should occur, the castings shall be replaced at Contractor
expense.
3. FURNISH AND INSTALL MANHOLE CASTING (RING AND COVER)
FURNISH AND INSTALL SW-603 TYPE R CASTING (INTAKE FRAME &
GRATE)
Broken manhole and intake frame and covers/grates castings shall be
transported to location(s) designated by the Engineer. Replacement frame and
covers/grates shall be Neenah R-1642 or approved equal (manholes) and
Neenah R-3067V, or approved equal (intakes), and shall be installed and grouted
SPECIAL PROVISIONS CONTRACT 970 Page 1 of 5
as directed in the field by the Engineer. Only those broken castings authorized
by the Engineer shall be replaced per bid item "FURNISH AND INSTALL
MANHOLE CASTING" and "FURNISH AND INSTALL SW-603 TYPE R
CASTING". Castings broken due to the negligence of the Contractor shall be
replaced by the Contractor at the Contractor's expense.
MISCELLANEOUS
4. ACCESS TO PROPERTIES
The intent of construction staging is to maintain access to businesses, schools,
churches, apartments, etc. Other staging proposals submitted by the Contractor
will be considered as long as adequate access is maintained.
The Contractor shall make every effort to minimize the amount of time that
access to private properties and driveways is blocked. To allow businesses the
opportunity to arrange alternate directional signing for customers, the Contractor
shall inform businesses ten (10) days in advance of the anticipated street closing.
In cases where residential ingress-egress is limited by the Contractor's
operations, he shall give the property owner involved at least 36 hours notice.
The contractor shall provide the Engineer with a copy of the notice (see order of
construction) mailed or delivered, the date of mailing or delivery, and a list of
addresses, properties, or persons contacted.
Those streets with staging indicated on the plans shall be constructed so that not
more than one stage is closed at a time (unless otherwise noted). The stage
closed for construction shall be completed prior to the subsequent stage being
closed.
The staging for this project shall be as follows:
NO TWO CONSECUTIVELY NUMBERED STAGES ON ANY STREET MAY BE
CLOSED AT THE SAME TIME
5. 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 $500.00 per day, for each day, as further
described herein, in excess of the authorized time.
Days beyond the specified completion date for which Liquidated Damages will be
charged will be working days that the Contractor does, or could have worked
from Monday through Saturday. Sundays will be counted only if work is
performed. Partial working days will be considered as a full working day. Days
SPECIAL PROVISIONS CONTRACT 970 Page 2 of 5
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 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.
6. CONCRETE CLEAN-UP AND WASHOUT
Runoff from concrete cleanup is a caustic pollutant that can harm wildlife and
vegetation. DO NOT clean tools, equipment, and concrete trucks into or allow
wastes to enter into the modified subbase, streets, ditches, storm drains or
waterways.
In Waterloo, failure to follow proper concrete clean-up procedures is a violation of
the City's Code of Ordinances and is considered a municipal infraction,
punishable by fines.
The current City of Waterloo schedule of fines is:
1st offense $200 fine and court costs
2"d offense $500 fine and court costs
3rd and subsequent offense $750 fine and court costs
7. QUANTITY ADJUSTMENTS
The following Bid Items are exempted from consideration under the provisions of
Section B. "Scope of Work," Paragraph 7 of the "General Specifications for
Construction" concerning the variance of the "As-Built" quantity of the listed item
by more than twenty (20%) percent from the estimated quantity specified in the
contract:
SPECIAL PROVISIONS CONTRACT 970 Page 3 of 5
SUDAS SPECIFICATION
BID *SEE SUPPLEMENTAL
ITEM SP=SPCL PROV DESCRIPTION UNIT EST QTY _
DIVISION 2-EARTHWORK
1 2010-108-D * TOPSOIL,4 INCHES, ON OR OFF SITE SY 1,460.00
4 2010-108-H* SUBGRADE TREATMENT,WOVEN GEOTEXTILE OR
GEOGRID SY 13,740.00
6 IDOT 2121 GRANULAR SHOULDER,TYPE B TON 1,200.00
DIVISION 7-STREETS AND RELATED WORK
PCC PAVEMENT
28 7010-3.04 COLD WEATHER CONCRETE PROTECTION SY 600.00
29 7010,3.02,J * LINSEED OIL TREATMENT SY 4,233.00 _.
DIVISION 9-SITE WORK AND LANDSCAPING
SEEDING
HYDRAULIC SEEDING,SEEDING,FERTILIZING AND
42 9010-108-B-0 * MULCHING SY 1,936.00
43 9010-108-E-0 * WARRANTY SY 750.00
EROSION AND SEDIMENT CONTROL
44 9040-108-F-1 WATTLE,STRAW,6 INCH LF 2,500.00
45 9040-108-F-2 WATTLE,REMOVAL LF 2,500.00
8. PERCENT OF CONTRACT TO BE PERFORMED BY PRIME CONTRACTOR
The Prime Contractor shall be required to perform at least 30 percent of the total
contract amount of this project. Purchasing of materials for subcontractors will
not be an acceptable method for the prime contractor to meet the 30 percent
requirement.
9. STORM WATER POLLUTION PREVENTION/INLET PROTECTION DEVICE
Storm water pollution prevention has become an important issue on construction
projects. Therefore, the City is requiring that the storm sewer system on this project --
be protected in order to reduce and minimize the impact of sediment-laden runoff
flowing into the storm sewer system.
Detail sheets are included in the plans with representation of various structures and
the proposed protection to be provided.
Structures that are unlikely to receive storm water during the construction process
are not included in the Estimated Quantity for Inlet Protection Device. Protection
will be placed at those locations directed by the Engineer or his representative.
No separate payment will be made for protection of open ends of storm sewer pipe,
but this will be considered incidental to applicable items.
SPECIAL PROVISIONS CONTRACT 970 Page 4 of 5
Should the protection not be provided or not maintained, the contractors will be
required to remove sediment from the inlets or storm sewer at his own expense.
The materials shall be removed in such a manner as to present further
contamination of the storm sewer system and subsequent impairment of
downstream receiving waters of the sewer.
SPECIAL PROVISIONS CONTRACT 970 Page 5 of 5
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SUPPLEMENTAL SPECIFICATIONS TO THE SUDAS SPECIFICATIONS
DIVISION 1 — GENERAL PROVISIONS AND COVENANTS
1010 — 1090 In lieu of SUDAS Division 1, GENERAL SPECIFICATIONS FOR
CONSTRUCTION, CITY OF WATERLOO, IOWA, DEPARTMENT OF
ENGINEERING shall apply, which are included in the contract documents
for this project.
DIVISION 2— EARTHWORK, SUBGRADE AND SUBBASE
2010, 1.08, D Measurement and Payment for Topsoil will be made in SY.
2010, 1.08, E,4 Stripping, salvaging and spreading of topsoil is included in TOPSOIL, 4
INCHES, ON OR OFF SITE bid item, per SY.
2010, 1.08, F, 1 Below grade excavation will be determined in the field by the engineer
and be field measured and paid through the EXCAVATION. CLASS 10
bid item in CY.
2010, 1.08, I Subbase will be paid by TON of subbase placed based on ticket weights,
with reduction in quantity made for over width placement or waste at
135#/CF.
2010, 1.08, J, 1 Removal of inlet runs (inlet to manhole) are considered incidental to inlet
removals.
2010, 1.08, J, 3 Removal of pipe and conduits shall include capping or plugging when
determined necessary in the field by the Engineer.
2010, 2.01 Both on site and off site topsoil may be used when complying with 2010,
2.01.
2010, 2.04, C, 6 Geotextiles used shall be Geotextile Systems by Propex Geotex 350 ST,
TenCate Mirafi HP 370, or approved equal. Geogrids used shall be
Tensar BX4100 (Type 1), Tensar BX4200 (Type 2), Tensar Triax TX-160
(Type 3), or approved equal.
2010, 2.04, D, 3 Recycled Modified Subbase material made from onsite PCC may be
used. No Modified Subbase from BMC Aggregates, LC Raymond/Peske
Quarry will be accepted on this project.
2010, 3.03 E After pavement removal, all subsequent construction operations must
leave the construction site in a condition that is graded to drain to existing
intakes or isolated areas, and if ponding occurs the contractor must pump
the standing water as soon as reasonable after a rainfall event has ended
to prevent the subgrade from becoming saturated. Pumped water must
be directed through approved sediment reduction measures before
entering the storm sewer or other drainage system.
SUPPLEMENTAL SUDAS SPECIFICATIONS CONTRACT 970 Page 1 of 5
6010, 2.05, B, 2, b 6010, 2.05, B, la is acceptable; Engineering Fabric Wrap shall not be
used.
6010, 2.10, D, 1 Fixed Manhole Casting Types will be used for both sanitary and storm
manholes.
6010, 2.11, A, 2 Only Internal Chimney Seal Infiltration Barriers will be used.
6010, 3.01 K Only Internal Chimney Seal Infiltration Barriers will be used.
6010, 3.01, F, 1 Install only Rubber 0-ring or Profile Gaskets
6010, 3.06 Remove Manhole or Intake will include complete removal of the structure.
DIVISION 7 STREETS AND RELATED WORK
SECTION 7010 — PORTLAND CEMENT CONCRETE PAVEMENT
7010, 1.08, A, 3 Pavement smoothness testing by profilometer will be required on Dysart
Road and will not be required on W. 2nd Street. When cold weather
protection or linseed oil is applied, measurement and payment will be per
SY.
7010, 3.02, F The use of a paving machine will be required on all sections of 150 feet or
more in length.
7010, 3.02, I, 5 Artificial Turf or Burlap Drag Surface Texture is required on Dysart Road.
Burlap Drag Surface Texture is required on W. 2nd Street.
7010, 3.02, J For Portland Cement Concrete Placement after August 31, Surface
Curing shall include application of linseed oil at a rate of 15 SY per gallon.
A curing compound/linseed oil combination product may be used. If
used, material shall conform to W.R. MEADOWS LIN-SEAL TM WHITE
Curing and Anti-spalling compound or approved equal.
7010, 3.02, K Figure 7010.101/Standard Road Plan PV-101, Details A, B and C, Sheet
2 of 8, shall apply to joint sealing.
7010, 3.03, B Hand finish methods may be used for curb and gutter sections 150 feet or
less in length.
7010, 3.07, A Material Testing for Plastic and Hardened Concrete will be performed by
the City of Waterloo, Iowa.
SECTION 7030 —SIDEWALKS, SHARED USE PATHS AND DRIVEWAYS
7030, 1.08, A, 3 Sawing for removal will be measured and paid for at the unit price per
linear foot.
SUPPLEMENTAL SUDAS SPECIFICATIONS CONTRACT 970 Page 3 of 5
SECTION 9040 — EROSION AND SEDIMENT CONTROL
9040, 1.08, T, 1 Inlet Protection Device will include the intermediate protection (prior to
paving) as per detail included in the plans, as well as Drop In Intake
Protection or Surface Applied Intake Protection.
9040, 1.08, T, 2 Maintenance of Inlet Protection Devices will include maintenance from
initial installation of intermediate protection through removal at the time
vegetation has been established. Maintenance will also include, when
and where required, removal prior to winter conditions and replacement in
the spring if vegetation has not been established.
DIVISON 11 - MISCELLANEOUS
SECTION 11,030 —TEMPORARY SERVICES DURING CONSTRUCTION
11,030, 108, A Maintenance of Postal Service will be considered incidental to applicable
items. Detail 11030.101 will be used for temporary mailboxes.
SUPPLEMENTAL SUDAS SPECIFICATIONS CONTRACT 970 Page 5 of 5
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lierracon
GeoReport
Geotechnical EngineeringReport
Dysart Road Reconstruction
Waterloo, Iowa
April 15, 2019
Terracon Project No. 13185119-01
Prepared for:
City of Waterloo Engineering Department
Waterloo, Iowa
Prepared by:
Terracon Consultants, Inc.
Cedar Falls, Iowa
Environmental Facilities Geotechnical Materials
April 15, 2019 llerracon
GeoReport
City of Waterloo Engineering Department
715 Mulberry Street
Waterloo, Iowa 50703
Attn: Mr. Jamie Knutson, P.E. - Interim City Engineer
P: (319)291 4312
E: Jamie.knutson@waterloo-ia.org
Re: Geotechnical Engineering Report
Dysart Road Reconstruction
Waterloo, Iowa
Terracon Project No. 13185119-01
Dear Mr. Knutson:
Terracon Consultants, Inc. (Terracon) has performed geotechnical engineering services for the
Dysart Road Reconstruction project in general accordance with Terracon Proposal No.
P13185119 dated March 4, 2018. This report presents the findings of the subsurface exploration
and provides geotechnical recommendations concerning subgrade preparation and subgrade
parameters for the proposed project.
We appreciate the opportunity to be of service to you on this project. If you have any questions
concerning this report, or if we may be of further service, please contact us.
Sincerely,
Terracon Consultants, Inc.
11-ekrz 711411/-e-,--;zy
Brian A. Weiner, E.I. Jason P. Heinz, P.E
Staff Engineer Department Manager
Geotechnical Services
Terracon Consultants, Inc. 3105 Capital Way, Ste. 5 Cedar Falls, Iowa 50613
P (319) 277 4016 F(319) 277 4320 terracon.com
Environmental Facilities Geotechnical Materials '�
REPORT TOPICS
INTRODUCTION 1
SITE CONDITIONS 1
PROJECT DESCRIPTION 2
GEOTECHNICAL CHARACTERIZATION 2
GEOTECHNICAL OVERVIEW 3
EARTHWORK 4
PAVEMENTS 6
GENERAL COMMENTS 8
Note: This report was also delivered in a web-based format. For more interactive features, please view your project
online at client.terracon.com.
ATTACHMENTS
EXPLORATION AND TESTING PROCEDURES
SITE LOCATION AND EXPLORATION PLANS
EXPLORATION RESULTS
SUPPORTING INFORMATION
Note: Refer to each individual Attachment for a listing of contents.
Geotechnical Engineering Report
Dysart Road Reconstruction
Waterloo, Iowa
Terracon Project No. 13185119-01
April 15, 2019
INTRODUCTION
This report presents the results of our subsurface exploration and geotechnical engineering
services performed for the proposed reconstruction of a portion of Dysart Road in Waterloo, Iowa.
The purpose of these services is to provide information and geotechnical engineering
recommendations relative to:
• Subsurface soil conditions • Site preparation and earthwork
• Groundwater conditions • Pavement subgrade support
The geotechnical engineering Scope of Services for this project included the advancement of four
test borings to depths of approximately 101/2 to 15'/2 feet below existing site grades. Maps showing
the site and boring locations are shown in the Site Location and Exploration Plans section. The
results of the laboratory testing performed on soil samples obtained from the site during the field
exploration are included on the boring logs in Exploration Results.
SITE CONDITIONS
The following description of site conditions is derived from our site visit in association with the
field exploration and our review of publicly available geologic and topographic maps.
Item Description
Project Location Dysart Road extending from Mills Road to Orange Road in Waterloo, Iowa.
Latitude: 42.4326°, Longitude: -92.2979° See Site Location
Existing
Improvements Existing Portland cement concrete (PCC) roadway and underground utilities
Existing
Based upon preliminary plans provided by the City of Waterloo, pavement
Topography elevations at the site range from about 915 feet near Orange Road to about
895 feet near Mills Road.
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Geotechnical Engineering Report lierracon
Dysart Road Reconstruction • Waterloo, Iowa
April 15, 2019 • Terracon Project No. 13185119-01 GeoReport
PROJECT DESCRIPTION
Item Description
Project Description Reconstruction of Dysart Road extending about 2,300 feet trom Mills Road
to Orange Road is planned.
The existing PCC pavement is planned to be replaced with 10 inches of
Proposed PCC pavement with dowels over 6 to 8 inches of aggregate subbase. The
Construction new pavement will be along the same or similar horizontal and vertical
alignments.
GEOTECHNICAL CHARACTERIZATION
Subsurface Profile
Based on the results of the borings, subsurface conditions can be generalized as follows:
Approximate Depth to
Stratum . Material Description Consistency
Bottom of Stratum(feet)
5 to 7 inches PCC pavement
Surface
1 Crushed stone with fines --
Existing 4%to 9 Sandy lean clay and Sand
Fill -�
1 9 to 12%2 Sandy lean clay (CL), trace gravel Medium stiff to stiff
and occasional sand seams (very soft in Boring 4)
2 3 Undetermined: Boring 1 Lean clay(CL), trace sand and
terminated in this layer organics(buried topsoil) Medium stiff
3 4 Undetermined: Borings 2 and 4 Sandy lean clay(CL), trace gravel
terminated within this stratum and occasional sand seams(till) Stiff to hard
1. Below pavement surface
2. Boring 3 terminated in Stratum 2 at a depth of 10%feet.
3. Stratum 3 was only encountered in Boring 1.
4. Stratum 4 was encountered in Borings 2 and 4 to planned termination depths of 13 and 15%feet, respectively.
Conditions encountered at each boring location are indicated on the individual boring logs in the
Exploration Results section. Stratification boundaries on the boring logs represent the
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Geotechnical Engineering Report ll2rracon
Dysart Road Reconstruction • Waterloo, Iowa
April 15, 2019 • Terracon Project No. 13185119-01 GeoReport
approximate location of changes in material types; in situ, the transition between materials may
be gradual or abrupt horizontally and vertically.
Groundwater Conditions
The boreholes were observed while drilling and sampling and shortly after completion for the
presence and level of groundwater. The water levels observed in the boreholes can be found on the
boring logs in Exploration Results. Groundwater was observed in Boring 4 during our field
exploration at a depth of about 10 feet. Groundwater was not observed in the other borings or for
the short duration the boreholes were left open. However,this does not necessarily mean the borings
terminated above groundwater. A relatively long period may be necessary for a groundwater level to
develop and stabilize in a borehole within fine-grained materials. Long term observations in
piezometers or observation wells sealed from the influence of surface water would be required to
provide a better evaluation of groundwater levels at this site.
Groundwater level fluctuations occur due to seasonal variations in the amount of rainfall, runoff,
and other factors not evident at the time the borings were performed. Therefore, groundwater
levels during construction or at other times during the life of the pavement may be different than
the levels indicated on the boring logs. The possibility of groundwater level fluctuations should be
considered when developing the design and construction plans for the project.
GEOTECHNICAL OVERVIEW
Existing fill was encountered in the borings to depths of about 4'h to 9 feet below existing grades.
Based on the results of the subsurface exploration and laboratory tests, it appears that the existing
fill was generally placed with some degree of moisture and density control. However, zones of
apparent lower density existing fill were encountered in Borings 3 and 4 about 6 feet below the
existing pavement levels and buried partly organic soil (i.e., topsoil) was encountered about 9 feet
below the pavement level in Boring 1. In our opinion, new pavements can be supported on existing
fill materials improved by scarification, moisture conditioning, and compaction in-place. However,the
City of Waterloo will need to accept the risk that some settlement related to the presence of possible
low density existing fill and buried partly organic material could occur. Even with the recommended
construction observation and testing,there will still be a risk that buried low density, existing fill and/or
partly organic soil will not be discovered during pavement subgrade preparation operations.
Recommendations for subgrade preparation and subgrade support are presented in the following
Earthwork and Pavements sections.
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Geotechnical Engineering Report lierracon
Dysart Road Reconstruction ■Waterloo, Iowa __
April 15, 2019 • Terracon Project No. 13185119-01 GeoReport
EARTHWORK
Site Preparation
Site preparation within planned new construction areas should commence with the removal of
pavements and the aggregate base, and the stripping of vegetation, organic soils, root systems,
and any other unsuitable materials (e.g., debris, desiccated soil, frozen soil, disturbed soils) from
the pavement areas. After the completion of cuts needed to reach the design subgrade levels,
the resulting subgrade should be evaluated by the geotechnical engineer. Subgrade evaluations
should include visual classifications, probing, laboratory compaction testing, and moisture content
testing.
Prior to the placement of new fill, the pavement subgrade should also be proof-rolled with heavy,
rubber tire construction equipment, to aid in delineating areas of low density disturbed, or
otherwise unsuitable material. Particular attention should be given to areas with existing utility
trench backfill. Proofrolling should be accomplished using a fully loaded, tandem-axle dump truck
with a minimum gross weight of 25 tons. Any unstable areas identified by proofrolling should be
undercut to expose stable material and backfilled with low plasticity fill or improved in-place. The
fill could consist of approved off-site earthen fill or granular material or on-site materials. The
appropriate method of improvement, if required, would be dependent on factors such as schedule,
weather, the size of area to be stabilized, and the nature of the instability. More detailed
recommendations can be provided during construction as the need for subgrade stabilization
occurs during construction.
Upon completion of any required undercuts and subgrade improvement, and prior to the
placement of new fill in areas below design grade, the subgrade should be scarified to a depth of
about 9 inches, moisture conditioned, and compacted to the density and water content ranges
recommended in this report. The surficial compaction will aid in providing a firm base for
compaction of new fill.
Fill Material Types
Fill placed below pavements should meet the following material property requirements.
Soil Type USCS Acceptable Location for Placement
Classification
On-site, Low plasticity
CL, CL/SC ■ Below the aggregate base for pavements
Fine-grained 2°3
Imported, GW, GP, GM,
Coarse-grained/Granular 4 SW, SP, ■ Below pavements
Table continued on page 5
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Geotechnical Engineering Report lierracon
Dysart Road Reconstruction ■Waterloo, Iowa GeoReport
April 15, 2019■ Terracon Project No. 13185119-01
Table continued from page 4
1. Fill below pavements should consist of approved materials that are free of organic matter and debris. Frozen
material should not be used,and fill should not be placed on a frozen subgrade. A sample of each material type
should be submitted to the Geotechnical Engineer for evaluation prior to use on this site.
2. Some moisture conditioning (e.g.,wetting or drying)would be necessary to achieve compaction requirements if
fine-grained material is used for fill.
3. By our definition, low plasticity materials should have a liquid limit of 45 or less and a plasticity index of 23 or
less(ASTM D4318).
4. Specific material requirements will need to be satisfied based on intended use.
Structural Fill Compaction Requirements
Fill below pavements should be placed and compacted in accordance with the following
requirements.
Item Description
• 9 inches or less in loose thickness when heavy, self-propelled
compaction equipment is used
Lift Thickness
• 4 inches or less in loose thickness when hand-guided equipment (i.e.
jumping jack or plate compactor) is used
Fine-grained soils:
• 95% of maximum > 1 foot below pavements
• 98% of maximum <_ 1 foot below pavements
Minimum Coarse-grained soils:
Compaction • 98% of maximum
Requirements 1 • If the material is a coarse sand or gravel, or of a uniform size, or has a
low fines content, compaction comparison to relative density may be
more appropriate. In this case, coarse-grained soils should be
compacted to at least 70% relative density (ASTM D4253 and D4254).
Fine-grained material:
• 0to +4%
Water Content Range Coarse-grained material:
from Optimum 4 • Water content should be maintained at levels satisfactory for compaction
to be achieved without the coarse-grained material bulking during
placement or pumping when proofrolled.
1. Maximum dry density and optimum water content as determined using standard effort(ASTM D698).
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Geotechnical Engineering Report _lrerracon
Dysart Road Reconstruction • Waterloo, Iowa
April 15, 2019 • Terracon Project No. 13185119-01 GeoReport
Earthwork Considerations
The on-site materials are anticipated to consist of low plasticity clays. These materials will be
susceptible to disturbance from construction equipment and changes in moisture conditions and
are frost susceptible. Unstable subgrade conditions could develop during general construction
operations, particularly if the earthen fill becomes saturated and/or subjected to repetitive
construction traffic. Where soft and wet subgrades are encountered, stabilization measures will
be required to help provide a stable working base for construction. Limiting the amount of
construction traffic over subgrades and the use of low contact pressure equipment or remote
excavation equipment would help reduce the amount of subgrade disturbance. Upon completion
of filling and grading, care should be taken to maintain the subgrade moisture content. The
pavement subgrade should be graded (crowned) to prevent ponding of water. Water that collects
on or adjacent to construction areas should be promptly removed. If the subgrade should become
frozen, desiccated, saturated, or disturbed, the affected material should be removed or the
materials should be scarified, moisture conditioned, and compacted prior to further construction.
As a minimum, all temporary excavations should be sloped or braced as required by Occupational
Safety and Health Administration (OSHA) regulations to provide stability and safe working
conditions. Temporary excavations will be required during grading operations and/or installation
of utilities. Contractors, by their contract, are usually responsible for designing and constructing
stable, temporary excavations and should shore, slope or bench the sides of the excavations as
required, to maintain stability of both the excavation sides and bottom. All excavations should
comply with applicable local, state and federal safety regulations, including the current OSHA
Excavation and Trench Safety Standards.
PAVEMENTS
Pavement Subgrade Support
We anticipate the pavement subgrade will consist of a minimum of 8 to 9 inches of low plasticity,
fine-grained fill compacted in accordance with the recommendations in the Earthwork section.
Provided the pavement subgrades have been prepared as recommended in this report, a modulus
of subgrade reaction (k) of 100 pci (pounds per square inch per inch of deflection) can be used
for design of pavement sections for this project.
Pavement Subsurface Drainage
Subsurface drainage systems (i.e., a permeable base and subdrains) below pavement areas
generally prolong the life of a pavement and help to prevent saturation of the pavement subgrade
that can result in a reduction of subgrade strength and greater than normal and/or erratic heaving.
Responsive • Resourceful • Reliable 6
Geotechnical Engineering Report lierracon
Dysart Road Reconstruction ■ Waterloo, Iowa
April 15, 2019 • Terracon Project No. 13185119-01 GeoReport
We recommend installing a subdrain system along the shoulders (or back of curb) of new
pavement areas, including all openings in the pavement, such as intake structures, to improve
long term pavement performance. The pavement subgrade should be crowned at least 2 percent
to promote the flow of water towards the subdrains. Design recommendations for the subdrains
are provided in the following table:
Item Description
• A minimum of 4 inches of material meeting the specifications for
Pavement aggregate base Iowa DOT Section No. 4115, Gradation No. 4, PCC CA, Iowa DOT
Section No.4121, Gradation No. 12a, Granular Subbase, or Section
No. 4123, Gradation No. 14, Modified Subbase
• Minimum 4-inch pipe diameter.
• Pipe perforations should be appropriately sized to prevent free-
draining coarse-grained (granular) material from entering the
subdrain pipe.
Subdrain pipe • Pipe invert should preferably be at least 3.5 feet below subgrade
• Subdrain lines should be sloped to provide positive gravity drainage
to a reliable discharge point
• Subdrain lines should be embedded in at least 6 inches of subdrain
trench backfill material
• Iowa DOT porous backfill (Section 4131) or other free-draining
Subdrain trench backfill 1 coarse-grained material encapsulated with non-woven geotextile
filter fabric (Contech C60NW or equivalent).
1. The subdrain trench backfill should extend up to and be hydraulically connected to the aggregate
base layer below the pavements.
Pavement Construction Considerations
Fine-grained soils, such as those encountered at this site, generally provide relatively poor
pavement support and are susceptible to rutting and pumping under repeated construction traffic.
Construction scheduling often involves grading and paving by separate contractors and can
involve a time lapse between the end of grading operations and the commencement of paving.
Disturbance, desiccation, or wetting of the subgrade between grading and paving can result in
deterioration of the previously completed subgrade. A non-uniform subgrade can result in poor
pavement performance and local failures relatively soon after pavements are constructed. The
pavement subgrade should be proofrolled prior to paving operations to help delineate disturbed
areas. A Terracon representative should observe the proof-rolling. If a significant precipitation
event occurs after the evaluation, or if the surface becomes disturbed, the subgrade should be
reviewed by qualified personnel immediately prior to paving. The subgrade should be in its
finished form at the time of the final review.
Responsive • Resourceful ■ Reliable 7
Geotechnical Engineering Report lierracon
Dysart Road Reconstruction •Waterloo, Iowa
April 15, 2019 • Terracon Project No. 13185119-01 GeoReport
GENERAL COMMENTS
Our analysis and opinions are based on our understanding of the project, the geotechnical
conditions in the area, and the data obtained from our site exploration. Natural variations will occur
between exploration point locations or due to the modifying effects of construction or weather.
The nature and extent of such variations may not become evident until during or after construction.
Terracon should be retained to review the final design plans and specifications so comments can
be made regarding interpretation and implementation of our geotechnical recommendations in
the design and specifications. Terracon should be retained to provide observation and testing
services during grading, pavement construction, and other earth-related construction phases of
the project. If variations appear, we can provide further evaluation and supplemental
recommendations. If variations are noted in the absence of our observation and testing services
on-site, we should be immediately notified so that we can provide evaluation ana supplemental
recommendations.
Our Scope of Services does not include either specifically or by implication any ervironmental or
biological (e.g., mold, fungi, bacteria) assessment of the site or identification or prevention of
pollutants, hazardous materials or conditions. If the owner is concerned about the potential for
such contamination or pollution, other studies should be undertaken.
Our services and any correspondence or collaboration through this system are intended for the
sole benefit and exclusive use of our client for specific application to the project discussed and
are accomplished in accordance with generally accepted geotechnical engineering practices with
no third party beneficiaries intended. Any third party access to services or correspondence is
solely for information purposes to support the services provided by Terracon to our client.
Reliance on the services and any work product is limited to our client, and is not intended for third
parties. Any use or reliance of the provided information by third parties is done solely at their own
risk. No warranties, either express or implied, are intended or made.
Site characteristics as provided are for design purposes and not to estimate excavation cost. Any
use of our report in that regard is done at the sole risk of the excavating cost estimator as there
may be variations on the site that are not apparent in the data that could significantly impact
excavation cost. Any parties charged with estimating excavation costs should seek their own site
characterization for specific purposes to obtain the specific level of detail necessary for costing.
Site safety, and cost estimating including, excavation support, and dewatering
requirements/design are the responsibility of others. If changes in the nature, design, or location
of the project are planned, our conclusions and recommendations shall not be considered valid
unless we review the changes and either verify or modify our conclusions in writing.
Responsive • Resourceful • Reliable 8
Geotechnical Engineering Report lierracon
Dysart Road Reconstruction Waterloo, Iowa GeoReport
April 15, 2019 w Terracon Project No. 13185119-01
I hereby certify that this engineering document was prepared by me or
• under my direct personal supervision and that I am a duly licensed
.tee
} Professional Engineer under the laws of the State of iowa.
rat, JASON R
t
.0\t‘
4/15/2019
ear • son Patrick Heinz, P.E Date
'•......mod ♦
My license renewal date is December 31,2020.
Responsive■ Resourceful is Reliable 9
ATTACHMENTS
Geotechnical Engineering Report lierracon
Dysart Road Reconstruction •Waterloo, Iowa
April 15, 2019 • Terracon Project No. 13185119-01 GeoReport.
EXPLORATION AND TESTING PROCEDURES
Field Exploration
Boring Numbers Boring Depths(feet) I Location
1 through 4 10%to 15% Dysart Road
Boring Layout and Elevations: Terracon personnel staked the boring locations using handheld
GPS equipment with respect to the site plan provided to us and coordinates determined from a
"best fit"overlay of the plans on a GIS system. The boring locations are shown on the Exploration
Plan. The coordinates of the borings are indicated on the boring logs. Approximate ground
surface elevations were not obtained as part of our field exploration. The locations of the borings
are considered accurate only to the degree implied by the means and methods used to define
them.
Subsurface Exploration Procedures: The borings were drilled with a drill rig using continuous
flight hollow-stem augers. Soil sampling was performed using thin-walled tube and split-barrel
sampling procedures. In the thin-walled tube sampling procedure, a thin-walled, seamless steel tube
with a sharp cutting edge is pushed hydraulically into the soil to obtain a relatively undisturbed
sample. In the split-barrel sampling procedure, a standard 2-inch outer diameter split-barrel sampling
spoon is driven into the ground by a 140-pound automatic hammer falling a distance of 30 inches.
The number of blows required to advance the sampling spoon the last 12 inches of a normal 18-inch
penetration is recorded as the Standard Penetration Test (SPT) resistance value. The SPT
resistance values, also referred to as N-values, are indicated on the boring logs at the test depths.
The samples were placed in appropriate containers and taken to our laboratory for testing. We
observed and recorded groundwater levels during, and shortly after drilling and sampling. The
borings were backfilled with sand and bentonite chips after drilling and capped with asphalt upon
completion.
The drill crew prepared a field log of each boring to record field data including visual descriptions
of the materials encountered during drilling as well as the driller's interpretation of the subsurface
conditions between samples. The boring logs included with this report represent an interpretation
of the subsurface conditions at each boring location based on field and laboratory data, and
observation of the samples.
Laboratory Testing _.
In the laboratory, water content tests were performed on portions of the recovered samples. The
dry unit weight of intact, thin-walled tube samples was determined. Unconfined compressive
strength and hand penetrometer tests were performed to estimate the consistency of select
samples of fine-grained soils. Moisture-density relationships were determined for select samples
Responsive ■ Resourceful ■ Reliable EXPLORATION AND TESTING PROCEDURES 1 of 2
Geotechnical Engineering Report lierracon
Dysart Road Reconstruction ■ Waterloo, Iowa
April 15, 2019 ■ Terracon Project No. 13185119-01 GeoReport
of the existing fill from Borings 1, 3, and 4. The results of the laboratory tests are shown on the
boring logs at their corresponding sample depths and/or as separate graphs in Exploration
Results.
The samples were described in the laboratory based on visual observation, texture and plasticity,
and the laboratory testing described above. The descriptions of the soils indicated on the boring
logs are in general accordance with the General Notes and Unified Soil Classification System
(USCS) summarized and included in Supporting Information.
Responsive ■ Resourceful • Reliable EXPLORATION AND TESTING PROCEDURES 2 of 2
SITE LOCATION AND EXPLORATION PLANS
Contents:
Site Location
Exploration Plan
Note: All attachments are one page unless noted above.
SITE LOCATION lierracon
Dysart Road Reconstruction ®Waterloo, Iowa
April 15, 2019■ Terracon Project No. 13185119-01 GeoReport
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Dysart Road Reconstruction ■Waterloo, Iowa
April 15, 2019 ■Terracon Project No. 13185119-01 GeoReport
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EXPLORATION RESULTS
Contents:
Boring Logs (1 through 4)
Moisture Density Relationship (3 pages)
Note: All attachments are one page unless noted above.
BORING LOG NO. 1 Page 1 of 1
PROJECT: Dysart Road Reconstruction CLIENT: City of Waterloo IA
Waterloo, IA
SITE: Dysart Road
Waterloo, IA
o LOCATION See Exploration Plan J co Lu . y STRENGTH TEST l w
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••••�• dark brown —
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2 and additional data(If any).
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coBoring backfilled with sand,bentonite chips,and capped with
O asphalt upon completion
0
J WATER LEVEL OBSERVATIONS
0 Boring Started:03-14-2019 Boring Completed:03.14-2019 —
None observed while drilling lerraconn°m None observed after drilling Drill Rig:#546 Driller.WE
ca 3105 Capttal Way,Ste 5
T Cedar Falls,IA Project No.:13185119
BORING LOG NO. 2 Page 1 of 1
PROJECT: Dysart Road Reconstruction CLIENT: City of Waterloo IA
Waterloo, IA
— SITE: Dysart Road
Waterloo, IA
o LOCATION See Exploration Plan w co a} v > STRENGTH TEST e
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v Latitude:42.4332°Longitude:-92.298° _ -I¢ W a a r r W z
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a. 0.4 PORTLAND CEMENT CONCRETE,approx 5"
•S••0.9 FILL-CRUSHED STONE,with fines
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•••��� dark brown
'i•ii 8-10-11
16 14
•�••� N=21
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LL Advancement Method: See Exploration and Testing Procedures for a Notes:
o Hollow stem auger description of field and laboratory procedures used
71 and additional data(If any).
F- See Supporting Information for explanation of
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w Boring backfilled with bentonite chips and capped with asphalt
O upon completion
0
WATER LEVEL OBSERVATIONS
O Boring Started:03-14-2019 Boring Completed:03-14-2019
E None observed while drilling lierracon o Drill Rig:#546 Driller.WE
m None observed after drilling
cn 3105 Capital Way,Ste 5
I Cedar Falls,IA Project No.:13185119
BORING LOG NO. 3 Page 1 of 1
PROJECT: Dysart Road Reconstruction CLIENT: City of Waterloo IA
Waterloo, IA —
SITE: Dysart Road
Waterloo, IA
0 LOCATION See Exploration Plan0 J 1 W STRENGTH TEST
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. °.a o 5 PORTLAND CEMENT CONCRETE,approx 6.5'
• • 0.8 \FILL-CRUSHED STONE,with fines J
♦�♦�♦� FILL-SANDY LEAN CLAY,trace gravel,gray,brown,and
•••••• dark brown
•••••• 14 7-l3 14 13
♦�♦�♦i N=27
�!�!�!3.0
•♦i♦i♦i FILL-SANDY LEAN CLAY,with zones of sand,trace
♦•♦•♦• gravel,brown and gray
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SANDY LEAN CLAY(CLI,trace gravel,with sand seams,
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0 10— N=6 (HP) 15
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7, Boring Terminated at 10.5 Feet
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o description of field and laboratory procedures used
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u, Boring backfilled with soil cuttings and capped with asphalt
upon completion
0
J WATER LEVEL OBSERVATIONS
0 Boring Started:03-14-2019 Boring Completed:03-14-2019 --
E None observed while drilling llerracon
o Drill Rig:#546 Driller.WE
m None observed after drilling
co 3105 Capital Way,Ste 5
Cedar Falls,IA Project No.:13185119
BORING LOG NO. 4
_ Page 1 of 1
PROJECT: Dysart Road Reconstruction CLIENT: City of Waterloo IA
Waterloo, IA
— SITE: Dysart Road
Waterloo, IA
O LOCATION See Exploration Plan r w z a v F >. STRENGTH TEST o
v Latitude:42.4294°Longitude:-92.298° _ -J¢ Lu W W" . yay c I- W w D_
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t.ir 0.6 PORTLAND CEMENT CONCRETE,approx 7"
:•:•:•1.o FILL-CRUSHED STONE,with fines _
• •
♦•♦•♦ FILL-SANDY LEAN CLAY,with gravel,dark brown
•%%i — X12 8-10-13 17
�•�••• N=23
♦�•-•�3.0 _
1117.0
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3 5-6
26
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obrown and gray,medium stiff 29
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12 0-0-0 27
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o description of field and laboratory procedures used
and additional data(If any).
F- See Supporting Information for explanation of
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Boring backfilled with soil cuttings,bentonite chips,and
capped with asphalt upon completion
o
WATER LEVEL OBSERVATIONS
0 Boring Started:03-14-2019 Boring Completed:03-14-2019
g n 10'observed while sampling lierracon
mo Drill Rig:#546 Driller WE
w 3105 Capital Way,Ste 5
1- Cedar Falls,IA Project No.:13185119
MOISTURE-DENSITY RELATIONSHIP
ASTM D698/D1557 —
135
130
` Source of Material 3 @ 7.5 feet
Description of Material SANDY LEAN CLAY,trace �-
gravel,gray and brown
125 Remarks:
Bulk sample; 7.5-10 feet
120
Test Method ASTM D698 Method A —
N
F
115 - 1\
5
TEST RESULTS
Z 110 Maximum Dry Density 117.1 PCF
Optimum Water Content 12.9 %
w v, Percent Fines % —
F- z
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ATTERBERG LIMITS
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UI WATER CONTENT,%
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PROJECT: DysartRoad Reconstruction PROJECT NUMBER: 13185119
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6
g SITE: Dysart Road 3105 Capital Way,Ste 5 CLIENT: City of Waterloo IA
O Waterloo,IA Cedar Falls,IA Waterloo, IA
4
MOISTURE-DENSITY RELATIONSHIP
ASTM D698/D1557
135
— 130
Source of Material 4 A 4.5 feet
Description of Material LEAN CLAY,with sand,trace
organics, dark brown
125 Remarks: Bulk sample; 4.5-9 feet
120
Test Method ASTM D698 Method B
a
I
0
115—
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2
TEST RESULTS
110 Maximum Dry Density 115.4 PCF
0 0_
0 Optimum Water Content 11.7 %
wPercent Fines
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WATER CONTENT,%
PROJECT: Dysart Road Reconstruction
PROJECT NUMBER: 13185119
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SITE: Dysart Road 3105 Capital
Way,
�Ste5 CLIENT: City of Waterloo IA
mWaterloo, IA Waterloo,IA
MOISTURE-DENSITY RELATIONSHIP _
ASTM D698/D1557
135
\\A
130 1 feet
Source of Material 1 @
Description of Material
SANDY LEAN CLAY,with
crushed stone, gray, brown,
125 Remarks: and dark brown
Bulk sample; 1-7.5 feet —
120 —
Test Method ASTM D698 Method A
115
W
- TEST RESULTS
, —
Maximum Dry Density 112.8 PCF
z' t5 110 13.7
o Optimum Water Content
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2 PROJECT: Dysart Road Reconstruction PROJECT NUMBER: 13185119
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SITE: Dysart Road 3105 Capital Way,Ste 5 CLIENT: City of Waterloo IA _
0 Waterloo,IA Cedar Falls,IA Waterloo,IA
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SUPPORTING INFORMATION
Contents:
General Notes
Unified Soil Classification System
Note: All attachments are one page unless noted above.
GENERAL NOTES lierracon
DESCRIPTION OF SYMBOLS AND ABBREVIATIONS
Dysart Road Reconstruction ■ Waterloo,IA GeoReport
April 15,2019■ Terracon Project No.13185119
SAMPLING WATER LEVEL FIELD TESTS
N Standard Penetration Test
Water Initially Resistance(Blows/Ft.)
Encountered
17 Water Level After a (HP) Hand Penetrometer
Grab Specified Period of Time
Sample Split Spoon
Water Level After (Tl Torvane
a Specified Period of Time
Water levels indicated on the soil boring logs are (DCP) Dynamic Cone Penetrometer
the levels measured in the borehole at the times
indicated. Groundwater level variations will occur uC Unconfined Compressive
over time. In low permeability soils, accurate Strength
determination of groundwater levels is not possible
with short term water level observations. (PID) Photo-Ionization Detector
(OVA) Organic Vapor Analyzer
DESCRIPTIVE SA14..ASSIFICATION
Soil classification is based on the Unified Soil Classification System. Coarse Grained Soils have more than 50%of their dry
weight retained on a#200 sieve;their principal descriptors are: boulders, cobbles, gravel or sand. Fine Grained Soils have less
than 50%of their dry weight retained on a#200 sieve;they are principally described as clays if they are plastic, and silts if they
are slightly plastic or non-plastic. Major constituents may be added as modifiers and minor constituents may be added
according to the relative proportions based on grain size. In addition to gradation, coarse-grained soils are defined on the basis
of their in-place relative density and fine-grained soils on the basis of their consistency.
LOCATION AND ELEVATION NOTES
Unless otherwise noted, Latitude and Longitude are approximately determined using a hand-held GPS device.The accuracy of
such devices is variable. Surface elevation data annotated with+/-indicates that no actual topographical survey was conducted
to confirm the surface elevation. Instead,the surface elevation was approximately determined from topographic maps of the
area.
STRENGTH TERMS
RELATIVE DENSITY OF COARSE-GRAINED SOILS CONSISTENCY OF FINE-GRAINED SOILS
(More than 50°�o retained on No.200 sieve.) (50%or more passing the No.200 sieve.)
Density determined by Standard Penetration Resistance Consistency determined by laboratory shear strength testing,field visual-manual
procedures or standard penetration resistance
Descriptive Term Standard Penetration or Descriptive Term Unconfined Compressive Strength Standard Penetration or
(Density) N-Value (Consistency) Qu,(psf) N-Value
Blows/Ft. Blows/Ft.
Very Loose 0-3 Very Soft less than 500 0-1
Loose 4-9 Soft 500 to 1,000 2-4
Medium Dense 10-29 Medium Stiff 1,000 to 2,000 4-8
Dense 30-50 Stiff 2,000 to 4,000 8-15
Very Dense >50 Very Stiff 4,000 to 8,000 15-30
Hard >8,000 >30
RELATIVE PROPORTIONS OF SAND AND GRAVEL RELATIVE PROPORTIONS OF FINES
Descriptive Term(s)of Percent of Descriptive Term(s)of Percent of
other constituents Dry Weight other constituents Dry Weight
Trace <15 Trace <5
With 15-29 With 5-12
Modifier >30 Modifier >12
GRAIN SIZE TERMINOLOGY PLASTICITY DESCRIPTION
Major Component of Sample Particle Size Term Plasticity Index
Boulders Over 12 in.(300 mm) Non-plastic 0
Cobbles 12 in.to 3 in.(300mm to 75mm) Low 1-10
Gravel 3 in.to#4 sieve(75mm to 4.75 mm) Medium 11-30
Sand #4 to#200 sieve(4.75mm to 0.075mm High >30
Silt or Clay Passing#200 sieve(0.075mm)
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UNIFIED SOIL CLASSIFICATION SYSTEM
GeoReport
Clean Gravels: Cu>_4 and 1 <Cc<3 E GW Well-graded gravel F
Gravels: o Less than 5%fines c Cu<4 and/or[Cc<1 or Cc>3.0]E GP Poorly graded gravel F
— More than 50%of
coarse fraction Fines classify as ML or MH GM Silt ravel F,G,H
retained on No.4 sieve Gravels with Fines: Y 9
Coarse-Grained Soils: More than 12%fines c Fines classify as CL or CH GC Clayey gravel F,G,H
More than 50%retained
on No.200 sieve Clean Sands: Cu>_6 and 1 <Cc<3 E SW Well-graded sand t
Sands: Less than 5%fines D Cu<6 and/or[Cc<1 or Cc>3.0]E SP Poorly graded sand t
50%or more of coarse
fraction passes No.4 Sands with Fines: Fines classify as ML or MH SM Silty sand G,H,I
sieve
More than 12%fines D Fines classify as CL or CH SC Clayey sand G,H,t
PI>7 and plots on or above"A" CL Lean clay K,L,M
Inorganic:
Silts and Clays: PI<4 or plots below"A"lined ML Salt,L,M
Liquid limit less than 50 Liquid limit-oven dried Organic clay K,L,M,N
Fine-Grained Soils: Organic: <0.75 OL
50%or more passes the Liquid limit-not dried Organic silt K,L+M,o
-- No.200 sieve Inorganic: PI plots on or above"A"line CH Fat clay K,L,M
Silts and Clays: PI plots below"A"line MH Elastic Silt K,L,M
Liquid limit 50 or more Liquid limit-oven dried Organic clay K,L,M,P
Organic: <0.75 OH
Liquid limit-not dried Organic silt K,L,M,Q
Highly organic soils: Primarily organic matter,dark in color,and organic odor PT Peat
A Based on the material passing the 3-inch(75-mm)sieve. H If fines are organic,add"with organic fines"to group name.
B If field sample contained cobbles or boulders, or both,add"with cobbles t If soil contains>_15%gravel,add"with gravel"to group name.
or boulders,or both"to group name. 'If Atterberg limits plot in shaded area,soil is a CL-ML,silty clay.
c Gravels with 5 to 12%fines require dual symbols: GW-GM well-graded K if soil contains 15 to 29%plus No.200,add"with sand"or"with
gravel with silt,GW-GC well-graded gravel with clay,GP-GM poorly gravel,"whichever is predominant.
graded gravel with silt,GP-GC poorly graded gravel with clay.
— D o L If soil contains>_30%plus No.200 predominantly sand, add
Sands with 5 to 12/o fines require dual symbols: SW-SM well-graded "sandy"to group name.
sand with silt,SW-SC well-graded sand with clay,SP-SM poorly graded
sand with silt,SP-SC poorly graded sand with clay. MY soil contains_>30%plus No.200, predominantly gravel,add
"gravelly"to group name.
2— (D 30) N PI>_4 and plots on or above"A"line.
E Cu=Dea/D10 Cc= o PI<4 or plots below"A"line.
D10 x D60 P PI plots on or above"A"line.
— F If soil contains_>15%sand,add"with sand"to group name. QPI plots below"A"line.
G If fines classify as CL-ML,use dual symbol GC-GM,or SC-SM.
60 I I
For classification of fine-grained
soils and fine-grained fraction
50 —of coarse-grained soils `. , e
Equation of"A"-line ! A,, 4-
6: Horizontal at P1=4 to LL=25.5.
W 40 — then PI ).73(LL-20) ' O+
— a Equation of"U"-line �°t
Z Vertical at LL=16 to PI=7, ,,/ O
30 -- then PI=0.9(LL-8) �'
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0 10 16 20 30 40 50 60 70 80 90 100 110
LIQUID LIMIT(LL)
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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. ENGINEER. The City Engineer of Waterloo, Iowa, or his
authorized representative.
4. INSPECTOR. The authorized representative of the Engineer,
assigned to the detailed inspection of the work or materials 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.
GENERAL SPECS Page 1 of 18
10. PROPOSAL. The written Proposal, submitted by the bidder in the
prescribed manner and on the standard form, for the improvements covered by
these specifications.
11. SPECIFICATIONS. The documents that set forth the manner in
which the proposed work is to be accomplished which have been prepared by
the Engineer and approved by the City Council, official copies of which are now
on file with the City Clerk.
12. SPECIAL PROVISIONS. Clauses or memoranda not contained
herein, applying to the contract of which these specifications are a part, which
change or supplement these specifications.
13. CONTRACT. The agreement entered into between the City and
the Contractor, setting forth the terms under which the work covered by the plans
and specifications is to be performed. The contract includes all conditions,
definitions, and instructions set forth in the official publications relating to the
work, the official contract and specifications, the Proposal, official plans, and all
supplemental agreements entered into by the parties to the contract.
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
GENERAL SPECS Page 2 of 18
been published in accordance with the statutes relating thereto. Attention is
directed to the fact that these official publications are by statute vested with all of
the force and effect of contract obligations.
20. A.S.T.M. Abbreviation for American Society for Testing Materials.
21. WORK. The term "Work" of the Contractor and Subcontractor
includes labor or materials or both, equipment, transportation, or other facilities
necessary to complete the contract.
22. TIME. All time limits stated in the contract documents are of the
essence in the contract.
SECTION B - SCOPE OF WORK
1. CORRELATION AND INTENT OF DOCUMENTS. The Contract
documents are complementary, and what is called for by any one shall be as
binding as if called for by all. The intention of the documents is to include all
labor, materials, equipment, and transportation necessary for the proper
execution of the work. Materials or work described in words which, so applied,
have a well-known technical or trade meaning shall be held to refer to such
recognized standard.
2. DRAWINGS AND SPECIFICATIONS. Unless otherwise provided
in the contract documents, the engineer shall furnish to the Contractor, free of
charge, all copies of drawings and specifications reasonably necessary for the
execution of the work.
The Contractor shall keep one (1) copy of all drawings and specifications
on the work available to the Engineer and to his representatives.
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
GENERAL SPECS 'age 3 of 18
Engineer immediately, in writing, and the Engineer shall promptly correct the
same.
5. ALTERATION OR CORRECTION OF PLANS. The plans are
made up from surveys that are presumably correct and represent the foreseen
construction requirements. Any modification of the plans which may be required
by the exigencies of the construction or any corrections made necessary
because of errors in the original surveys, will be made by the Engineer. Should
corrections or modifications of the plans or specifications require a different
quality or class of work than that upon which the unit prices in the Proposal are
based, or if the modifications or corrections are required in parts of the work
partially completed and such modifications result in an increased cost to the
Contractor, the amount to be paid for work resulting from such changes shall be
agreed upon in writing at the time the changes are ordered and before the work
is begun by the Contractor. No allowance will be made for anticipated profits on
work not performed.
6. CHANGES IN THE WORK. The City, without invalidating the
contract, may order extra work or make changes by altering, adding to, or
deducting from the work, the contract sum being adjusted by agreement or
arbitration before such changed work is undertaken. All such work shall be
executed under the conditions of the original contract, except that any claim for
extension of time caused thereby shall be adjusted at the time of ordering such
change.
7. INCREASED OR DECREASED QUANTITIES. The right is
reserved without impairing the contract, to order the performance of such work of
a class not contemplated in the Proposal or to increase or decrease the
quantities as may be considered necessary to complete fully and satisfactorily
the work included in the contract. However, when the work is completed without
change in the plans, and the measured quantity of any item of work varies by
more than twenty percent (20%) from the estimated quantity specified in the
contract, an adjustment in price may be made for such item of work by
agreement between the Engineer and the Contractor, subject to the approval of
the City Council. Either party to the contract may request such an adjustment.
8. LANDS AND RIGHT OF WAY. The City shall provide the lands
upon which the work under this contract is to be done, except that the Contractor
shall provide land required for the erection of temporary construction facilities
and storage of his material, together with the right of access to same.
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.
GENERAL SPECS Page 4 of 18
10. RIGHTS OF VARIOUS INTERESTS. Whenever work being done
by the City's forces or by other Contractors is contiguous to work covered by this
contract, the respective rights of the various interests involved shall be
established by the Engineer to secure the completion of the various portions of
the work in general harmony.
11. CLOSING STREETS TO TRAFFIC. The Engineer shall be the
judge of how many streets or parts of streets it is necessary for the Contractor to
close at any time and may refuse to permit the closing of additional streets until
such of the work is finished and opened to traffic as he may direct.
12. OBSTRUCTION OF STREETS. The work is to be carried on in
such manner as to obstruct the streets, highways, and alleys as little as possible.
The Contractor shall carry on the different parts of the work so as to complete the
whole, as nearly as practicable, at the same time. In doing the work, the
Contractor shall follow the directions of the Engineer as to the place or places
where work shall be started or be carried on and the direction in which it shall be
done.
13. SHANTIES AND BUILDINGS. Shanties or other buildings shall not
be erected in or upon any street, highway, or alley without permission of the
Engineer. If such permission be granted, it may be upon any reasonable terms
prescribed by the person or body granting such permission.
14. SANITARY CONVENIENCES. The Contractor shall furnish the
necessary sanitary conveniences, properly secluded, for the laborers on the
work, and these shall be maintained in a manner that will be inoffensive to the
public.
15. CLEANING UP. The Contractor shall, as directed by the Engineer,
remove from the City's property and from all public and private property, at his
own expense, all temporary structures, rubbish, and waste materials resulting
from his operations before work can be considered completed. The Contractor
shall also renew or replace any and all fences, sidewalks, or other property
damaged or disturbed by his work.
16. OMISSION OF PARTS OF GENERAL SPECIFICATIONS. Parts
of the General Specifications deemed not to apply to some particular work may
be omitted by special reference in other parts of the contract documents.
SECTION C - CONTROL OF MATERIALS AND WORK
1. SUPERVISION AND INSPECTION. The Engineer shall have
supervision of the construction provided 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.
GENERAL SPECS Page 5 of 18
Materials and construction work shall, at all times, be subject to the inspection of
the Engineer or his representatives. The Contractor shall be held strictly to the
true intent of these specifications as regards the quality of materials,
workmanship, and the diligent prosecution of the work.
The Engineer and his representatives shall, at all times, have access to
the work wherever it is in preparation of progress, and the Contractor shall
provide proper facilities for such access and for inspection.
If the specifications, the Engineer's instructions, law ordinances, or any
public authority require any work and/or materials to be especially tested or
approved, the Contractor shall give the Engineer timely notice of readiness for
inspection. If the inspection is to be made by authority other than the Engineer,
the Contractor shall notify the engineer of the date fixed for inspection.
Inspections by the Engineer will be promptly made and, where practicable, at the
source of supply. If any work should be covered up without the approval or
consent of the Engineer, it must, if required by the Engineer, be uncovered for
examination at the Contractor's expense.
Re-examination of questioned work may be ordered by the Engineer, and,
if so ordered, the work must be uncovered by the Contractor. If such work be
found in accordance with the Contract, the City shall pay the cost of re-
examination and replacement. If such work be found not in accordance with the
Contract, the Contractor shall pay such cost unless he shall show that the defect
in the work was caused by another Contractor, and, in that event, the City shall
pay the cost.
2. AUTHORITIES AND DUTIES OF INSPECTORS. Inspectors may
be stationed on the work to report to the Engineer as to the progress of the work
and the manner in which it is being performed; also, to report whenever it
appears that materials furnished and work performed by the Contractor fail to
fulfill the requirements of the specifications and Contract, and to direct the
attention of the Contractor to such failure or infringement; but such inspection
shall not relieve the Contractor from any obligations to furnish acceptable
materials or to provide completed construction that is satisfactory in every
particular.
In case of any dispute arising between the Inspector and the Contractor as
to materials furnished or the manner of performing the work, the Inspector shall
have the authority to reject materials or suspend the work until the question at
issue can be referred to and decided by the Engineer. Inspectors are not
authorized to revoke, alter, enlarge, relax, or release any requirements of these
specifications. The Inspector shall, in no case, act as foreman or perform other
duties for the Contractor, or interfere with the management of the work by the
latter.
GENERAL SPECS Page 6 of 18
3. STATUS OF THE ENGINEER. The Engineer shall have general
supervision and direction of the work. He has authority to stop the work
whenever such stoppage may be necessary to insure the proper execution of the
Contract. He shall also have authority to reject any work and/or materials which
do not conform to the specifications, to direct the application of forces to any
portion of the work as, in his judgment, is required, and to order the force
increased or diminished, and to decide questions which arise in the execution of
the work.
4. ENGINEER'S DECISIONS. The Engineer shall within a
reasonable time, make decisions on all claims of the Contractor and on all other
matters relating to the execution and progress of the work or the interpretation of
the contract documents.
All such decisions of the Engineer shall be final except as to the element
of time and financial consideration involved, which, if no agreement in regard
thereto is reached, shall be subject to arbitration.
5. STAKES AND INSTRUCTIONS. The Contractor shall provide
reasonable and necessary opportunities and facilities for setting stakes and
making measurements. The Contractor shall not furnish stakes or men to set
them. He shall not proceed until he has received from the Engineer such stakes
and instructions as may be necessary to the progress of the work.
The Contractor shall carefully preserve bench marks, reference points,
and stakes, and in case of willful or careless destruction, he shall be charged
with the resulting extra expense and shall be responsible for any mistakes that
may be caused, by their loss or disturbance.
6. SUPERINTENDENCE. The Contractor shall keep on his work
during its progress a competent superintendent and any necessary assistants, all
satisfactory to the Engineer. The Superintendent shall not be changed except
with the consent of the Engineer, unless the Superintendent proves to be
unsatisfactory to the Contractor and ceases to be in his employ. The
Superintendent shall represent the Contractor in his absence, and all directions
given to him shall be as binding as if given to the Contractor. Important decisions
shall be confirmed in writing to the Contractor. Other directions shall be so
confirmed on written request in each case.
The Contractor shall give efficient supervision to the work using his best
skill and attention. He shall carefully study and compare all drawings,
specifications, and other instructions, and shall report at once to the Engineer
any error, inconsistency, or omission which he may discover.
7. REMOVAL OF UNAUTHORIZED WORK. Work done without lines
and grade being give, work done beyond lines shown on the plans or as given,
except as herein provided, or any extra or additional work done without authority,
will be considered as unauthorized and at the expense of the Contractor and will
GENERAL SPECS Page 7 of 18
not be paid for under the provisions of the Contract. Work so done may be
ordered removed and replaced at the Contractor's expense.
8. REMOVAL OF DEFECTIVE MATERIALS OR WORK. The
Contractor shall promptly remove from the premises all materials condemned by
the engineer as failing to conform to the Contract; whether incorporated in the
work or not, and the Contractor shall promptly replace and re-execute his own
work in accordance with the contract and without expense to the City, and shall
bear the expense of making good all work of other Contractors destroyed or
damaged by such removal or replacement.
If the Contractor does not remove such condemned work and materials
within a reasonable time, fixed by written notice, the City may remove them and
may store the material at the expense of the Contractor. If the Contractor does
not pay the expense of such removal within a reasonable time thereafter, the City
may, upon ten (10) days' written notice, sell such materials at auction or at
private sale and shall account for the net proceeds thereof, after deducting all the
costs and expense that should have been borne by the Contractor; or, if the net
proceeds of such sale are insufficient to pay the expenses of removal, the City
may deduct the balance from any amounts due the Contractor.
9. MATERIALS, EQUIPMENT, APPLIANCES, AND FACILITIES.
Unless otherwise stipulated, the Contractor shall provide and pay for all
materials, labor, water, tools, equipment, light, power, transportation, and other
facilities necessary for the execution and completion of the work. Materials shall
be of the quality specified for each particular part of the work.
Whenever, in construction of the work or in the manufacture of any article
of appliance necessary for the construction or operation of the work, it is
necessary to use any material that is not fully specified in these specifications, it
shall be of good quality and shall meet with the approval of the Engineer.
Any appliance that is necessary for the construction or operation of the
work and is commonly recognized as a part of the work, shall be furnished by the
Contractor as part of the work, whether or not it is specifically called for in the
plans and specifications, and such appliance shall be of good quality and
standard make and shall meet with the approval of the Engineer.
10. MATERIAL SAMPLES. Before the contract is awarded, the bidder
may be required to furnish a statement of the origin, composition, and
manufacture of any and all materials proposed for use in the performance of the
Contract, together with samples of the material. These samples will be
considered as representative and typical of the material to be obtained from any
particular source.
11. CHARACTER OF WORKMEN AND EQUIPMENT. The Contractor
shall employ competent and efficient workmen for every kind of work. Any
person employed on the work who shall refuse or neglect to obey the directions
GENERAL SPECS Page 8 of 18
of the engineer or Inspector, or who shall be deemed incompetent or disorderly,
or who shall commit trespass upon public or private property in the vicinity of the
work, shall be dismissed when the Engineer so orders, and shall not be re-
employed unless express permission be given by the Engineer. The Contractor
shall, at all times, enforce discipline and good order among his employees.
The methods, equipment, and appliances used on the work, and the labor
employed, shall be such as will produce a satisfactory quality of work and shall
be adequate to complete the contract within the specified time limit.
12. HIRING CITY EMPLOYEES. The Contractor shall not employ and
hire any of the City's employees without the permission of the Engineer.
13. LABOR. Local labor shall be given preferences so far as
practicable.
14. THE CITY'S RIGHT TO DO WORK. If the Contractor should
neglect to prosecute the work properly or fail to perform any provision of this
Contract, the City of Waterloo, after three (3) days' written notice to the
Contractor may, without prejudice to any other remedy he may have, make good
such deficiencies and may deduct the cost thereof from the payment then or
thereafter due the Contractor, provided, however, that the Engineer shall approve
both such action and the amount charged to the Contractor.
SECTION D - PROCEDURE AND PROGRESS
1. ORDER OF COMPLETION - USE OF COMPLETED PORTIONS.
The Contractor shall complete any portion or portions of the work in such order or
time as the Engineer may require. The City shall have the right to take
possession of an use completed or partially completed portion of the work at any
time, but such taking possession and use shall not be deemed an acceptance of
work so taken or used, or any part thereof. If such prior use increases the cost of
or delays the work, the Contractor shall be entitled to such extra compensation or
extension of time, or both, as the Engineer may determine.
2. WEATHER. During stormy or inclement weather, all work shall be
suspended, except such as can be done in an acceptable manner. Permission
to work during freezing, stormy, or inclement weather shall in no way be
construed as a release of the Contractor's responsibility regarding the quality of
the finished work at such time.
3. SUNDAYS AND LEGAL HOLIDAYS. Except for such work as
may be required to properly maintain or protect completed or partially completed
construction or to maintain lights and barricades, no work will be permitted on
Sundays or legal holidays without specific permission of the Engineer.
GENERAL SPECS Page 9 of 18
4. DELAYS AND EXTENSION OF TIME. If the Contractor be
delayed in the completion of the work by an act of neglect of the City, or its
employees; or by any other Contractor employed by the City; or by changes
ordered in the work; or by strikes, lockouts, fire, unusual delays in transportation,
unavoidable casualties, or any cause beyond the Contractor's control; or by
delay authorized by the Engineer pending arbitration; or by any cause which the
Engineer shall decide justifies the delay, then the time of completion shall be
extended for such reasonable time as the Engineer may decide will compensate
for such delay.
No such extension shall be made for delay occurring more than thirty (30)
days before claim therefor is made in writing to the Engineer. In the case of a
continuing cause of delay, only one claim is necessary.
This article does not exclude the recovery of damages for delay by either
party under provisions in the contract documents.
5. TEMPORARY SUSPENSION OF WORK. The Engineer shall have
authority to suspend the work, wholly or in part, for such period or periods of time
as he may deem necessary, due to unsuitable weather or such other conditions
as are considered unfavorable for the suitable prosecution of the work, or for
such time as is necessary due to the failure to the Contractor to carry out orders
given or to perform any or all provisions of the Contract.
6. NOTICES - HOW SERVED. Any notice to be given by the City to
the Contractor under this contract shall be deemed to be served if the same be
delivered to the man in charge of any office used by the Contractor or his
foreman or agent at or near the work, or deposited in the post office, postpaid,
addressed to the Contractor at his last known place of business.
7. PROGRESS OF WORK. The progress of the work shall be such
that, at the expiration of one-fourth (1/4) of the contract period, one-eighth (1/8)
of the work shall be completed; at the expiration of one-half (1/2) of the contract
period, three-eighths (3/8) of the work shall be completed; at the expiration of
three-fourths (3/4) of the contract period, the work shall be three-fourths (3/4)
completed, and the whole work shall be completed at the expiration of the
contract period.
If, at any time the above schedule is not being maintained, the Council
may give written notice to the Contractor and his sureties that the specifications
are not being complied with. Such notice shall state what action on the part of
the Contractor is required to bring the work within the requirements of the
specifications. If the Contractor fails, within ten (10) days, to proceed as directed
in the said notice, then the Council shall have authority to annul this contract
without process or action at law and take over the prosecution and completion of
the work, as provided under the article covering City's right to terminate contract.
GENERAL SPECS Page 10 of 18
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 shoulc fail, except
in cases for which extension of time is provided, to supply enough skilled
workmen or proper materials; or if he should fail to make prompt payment to
Subcontractors or for materials or labor; or if he should persistently disregard
laws, ordinances, or the instructions of the Engineer; or if he should otherwise be
guilty of a substantial violation of any provision of the contract, then the City,
upon the certificate of the Engineer that sufficient cause exists to justify such
action, may, without prejudice to any other rights or remedy, and after giving the
Contractor seven (7) days' written notice, terminate the employment of the
Contractor and take possession of the premises and of all materials, tools and
appliances thereon and finish the work by whatever method he may deem
expedient. In such cases, the Contractor shall not be entitled to receive any
further payment until the work is finished.
If the unpaid balance of the contract price shall exceed the expenses of
finishing the work, including compensation for additional managerial and
administration services, such excess shall be paid to the Contractor. If such
expense shall exceed such unpaid balance, the Contractor shall pay the
difference to the City. The expense incurred by the City as herein provided and
the damage incurred through the Contractor's default shall be certified by the
Engineer.
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 Engineer according to the Un ted States
standard measures.
2. SCOPE OF PAYMENTS. The Engineer's measurements of
quantities shall be the basis for final payment for the work performed under this
Contract. After the work is completed, the Engineer will make measurements
and computations of the number of units of each of the various items of work
completed, and the Contractor will be paid for the actual amount of 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.
GENERAL SPECS Page 11 of 18
Payment shall be made in the manner set forth in official publications and
Council Proceedings relative thereto.
3. PAYMENT FOR EXTRA WORK. Such extra work as may have
been ordered by the Engineer and performed by the Contractor shall be
compensated for as provided herein. If work is to be done or materials are to be
furnished by the Contractor which cannot properly be classified under unit prices
included in the Proposal, the Contractor shall be paid therefor the actual
reasonable cost of the labor and materials entering permanently in such work,
plus fifteen percent (15%) of the cost thereof. In computing the labor cost on
such extra work, the following items shall be included:
(a) Actual payroll expenditures for labor at the current rate therefor,
and cost of materials.
(b) Pay of foreman and timekeepers for actual time required on the
extra work.
(c) Liability insurance, prorated, for the extra work.
Labor cost items on extra work shall be furnished in duplicate by the
Contractor to the Inspector daily. The Inspector shall check the items, and if he
finds them to be correct, he shall so certify on the statement of cost, returning
one copy to the Contractor and filing one copy with the Engineer.
The Engineer shall determine the cost of materials entering into extra work
from the materials and receipted freight bills for the same.
For any special machine, power tools, or equipment, including fuel and
lubricants, but not including small hand tools, which may be deemed necessary
or desirable to use, the Contractor shall be allowed a reasonable rental thereon,
to be agreed upon in writing by the Engineer before such work is begun, and to
which sum no percentage is to be added.
The item of cost shall not include repairs or replacement of equipment or
overhead expenses of any character. The fifteen percent (15%) allowed is
considered to cover the use of hand tools and all overhead expenses except
liability insurance.
In no case will a claim for extra compensation be allowed unless the work
upon which the claim is based has been ordered in writing, except as provided
hereinafter.
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 Engineer written notice thereof within ten (10) days after
completion of the work.
GENERAL SPECS Page 12 of 18
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 Engineer as an extra s heretofore
provided, the Contractor shall notify the Engineer, in writing, of his intention to
make claim for extra compensation for work and/or material before starting
construction. If such written notification is not given or the Engineer is not
afforded proper facilities by the Contractor for keeping strict account of actual
cost as defined herein, then the Contractor hereby agrees to waive the claim for
extra compensation. Such notice to the engineer and the fact that the Engineer
has kept account of cost as aforesaid, shall not in any way be construed as
proving the validity of the claim, which must be passed upon by the Council. In
the event that the Council finds the claim to be just, it shall be allowed and paid
for as extra work as provided herein.
6. COMPLETION REPORT AND OBJECTIONS THERETO. Within
ten (10) days after the full completion of the work to be done under this contract,
the Engineer shall make a written statement of all the work done by the
Contractor hereunder, stating the quantity of each item as found by him and
including a statement of all credits for extra work and all credits or debits for
changes, alterations, omissions, and defects, and shall forthwith deliver a copy of
such statement to the Contractor. The Contractor shall compare such statement
with his own records and shall then, in writing, either approve such statement or
point out any claimed errors or omissions. If any of such claims are found
correct, the Engineer shall, within ten (10) days, prepare a new statement, a copy
of which shall in like manner be delivered unto the Contractor. The Engineer will
not file a formal completion report with the City until the Contractor has approved
the same.
If the figures of the Engineer and the Contractor cannot be reconciled, or
there is a difference of opinion regarding some item or items, then such
difference of opinion shall be submitted to arbitration as hereinafter provided, and
the decision of the arbitrator or arbitrators shall be final, and the Engineer shall,
within a period of five (5) days, file his completion report.
Before action by the 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 Engineer in this completion report, and any claims of
GENERAL SPECS Page 13 of 18
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
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 Engineer in writing.
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
GENERAL SPECS Page 14 of 18
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 or 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 City of Waterloo, Iowa, named as an
"Additional Named Insured". A certificate, or a policy if requested, shall be filed
with the Owner.
All certificates and/or policies of insurance furnished by the Contractor to
be filed with the City Clerk shall include the name and address of the agency
issuing the same. It shall also be required that the City Clerk be notified by
registered mail of the cancellation or expiration of the above insurance.
5. BARRICADES AND SIGNS. The Contractor shall, at his own
expense and without further or other order, provide, erect, and maintain, at all
times during the progress and suspension of the work and until completion and
final acceptance thereof, suitable and requisite barricades, signs, or other
adequate protection, as required by the latest edition of the "Iowa Manual on
GENERAL SPECS Page 15 of 18
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 Engineer in writing of the
names of the Subcontractors proposed for the work and shall not employ any
that the Engineer may, within a reasonable time, object to as incompetent or
unfit.
The Contractor agrees that he is as fully responsible to the City for the
acts and omission of his Subcontractors and of persons either directly or
indirectly employed by them as he is for the acts and omissions of persons
directly employed by him.
Nothing contained in the contract documents shall create any contractual
relation between any Subcontractor and the City.
11. ARBITRATION. All questions subject to arbitration under this
Contract shall be submitted to arbitration at the choice of either party to the
dispute.
GENERAL SPECS Page 16 of 18
The Contractor shall not cause a delay of the work during any arbitration
proceedings, except by agreement with the Engineer.
The demand for arbitration shall be filed in writing with the Engineer, in the
case of an appeal from his decision, within ten (10) days of its receipt, and in any
other case, within a reasonable time after cause thereof, and in no case later
than the time of final payment, except as otherwise expressly stipulated in the
contract. If the Engineer fails to make a decision within a reasonable time, an
appeal to arbitration may be taken as if his decision had been rendered against
the part appealing.
No one shall be nominated or act as an arbitrator who is in any way
financially interested in the contract or in the business affairs of either the City or
the Contractor.
The general procedure shall conform to the laws of the State of Iowa.
Unless otherwise provided by such laws, the parties may agree upon one
arbitrator; otherwise, there shall be three--one named in writing by each party to
this contract to the other party, and the third chosen by these two arbitrators, or,
if they fail to select a third within ten (10) days, then he shall be chosen by the
Comptroller of the State of Iowa. Should either party refuse or neglect to supply
the arbitrators with any papers or information demanded in writing, the arbitrators
are empowered by both parties to proceed ex parte.
If there be one arbitrator, his decision shall be binding; if three, the
decision of any two shall be binding. Such decision shall be a condition
precedent to any right of legal action, and, wherever permitted by law, it may be
filed in Court to carry it into effect.
The arbitrators, if they deem that the case demands it, are authorized to
award to the party whose contention is sustained such sums as they shall deem
proper for the time, expense, and trouble incident to the appeal, and, if the
appeal was taken without reasonable cause, damages for delay, the arbitrators
shall fix their own compensation unless otherwise provided by agreement, and
shall assess the costs and charges of the arbitration upon either or both parties.
The award of the arbitrators must be in writing, and it shall not be open to
objections on account of the form of proceeding or the award, unless otherwise
provided by the laws of Iowa.
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.
GENERAL SPECS Page 17 of 18
12. PERFORMANCE AND PAYMENT BONDS. The Contractor shall,
at the time of execution and delivery of this contract and before the taking effect
of same, furnish and deliver to the City written bonds of indemnity to the amount
required by law in form and substance, and with surety thereon satisfactory and
acceptable to the City, to insure the faithful performance and payment by the
Contractor of all the covenants and agreements on the part of the Contractor
contained in this contract. These bonds shall remain in force and effect for the
full amount of the Contract.
13. PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out
any of the provisions of the Contract or in exercising any power or authority
granted him thereby, there shall be no liability upon the Engineer or his
authorized assistants, either personally or as an official of the 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 work has been completed
and finally accepted and final estimates have been allowed and the completion
report of the engineer has been filed and approved by the Council.
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.
GENERAL SPECS Page 18 of 18
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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
SUPPLEMENTAL GENERAL SPECIFICATIONS
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.
SUPPLEMENTAL GENERAL SPECIFICATIONS
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FORM OF CONTRACT
CONTRACT FOR THE CONSTRUCTION OF
FY 2019 DYSART RD. AND W. 2ND ST. RECONSTRUCTION PROGRAM
CITY OF WATERLOO, IOWA
CONTRACT NO. 970
This contract made and entered into this day of , 20_, 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 2019 DYSART RD. AND
W. 2ND ST. RECONSTRUCTION PROGRAM, Contract No. 970, and
furnish all necessary tools, equipment, materials, and labor necessary to
do all the work called for in the plans and specifications in a
workmanshiplike manner and for the prices set forth in Contractor's
proposal, which was accepted by the City, and which is understood and
agreed to be a part of this contract.
PAR. 2 It is understood and agreed that the resolution adopted by the City Council
ordering the construction of the improvement, the Notice to Contractors as
published, the Instruction to Bidders, the Form of Proposal, the
Construction and Maintenance Bonds, the Council Proceedings relating to
this matter, and the Plans and Specifications shall all be considered as
forming a part of the contract the same as though they were each set out in
said contract.
PAR. 3 The Contractor agrees to furnish at its own cost and expense, all
necessary materials and labor for said work and to construct said
improvements in a thorough, substantial, and workmanlike manner, and in
strict accordance with the requirements of this contract, and of the plans
and specifications made a part hereof by reference, and to the satisfaction
and approval of the City and its engineer.
PAR. 4 The Contractor agrees to perform said work and install said improvements
on the terms set out in bid or proposal to the City which has been accepted
by the City and which is by reference made a part of this contract.
FORM OF CONTRACT PAGE 1 OF 5 PAGES
PAR. 5 The Contractor agrees to commence said work within ten (10) working
days after receipt of "Notice to Proceed" and complete it 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.
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.
FORM OF CONTRACT PAGE 2 OF 5 PAGES
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 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.
FORM OF CONTRACT PAGE 3 OF 5 PAGES
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 streets, and to save the City harmless from any
damage allegedly resulting from a failure to clean up and remove the
debris or put the street back in a proper condition for travel.
PAR. 18 This contract is not divisible, but in the event of a conflict between this
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.
FORM OF CONTRACT PAGE 4 OF 5 PAGES
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
FORM OF CONTRACT PAGE 5 OF 5 PAGES
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PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, of
(the "Principal"), and of
(the "Surety"), are held and firmly bound unto the City of
Waterloo, Iowa (the "Obligee"), in the penal sum of
Dollars ($ ), lawful money of the United
States, for the payment of said sum in connection with a contract (the "Contract") dated on
or about for the purpose of
. The Contract is
incorporated herein by reference as though fully set forth herein.
Whenever the Principal shall be and is declared by the Obligee to be in default under the
Contract, with the Obligee having performed its obligations in the Contract, then the
Surety, acknowledging that time is of the essence, may promptly remedy the default, or
shall promptly undertake to:
1. Complete the Contract in accordance with its terms and conditions; or
2. Obtain one or more bids for completing the Contract in accordance with its
terms and conditions, and upon determination by the Surety of the lowest
responsible bidder, or negotiated proposal, or, if the Obligee elects, upon
determination by the Obligee and the Surety jointly of the lowest responsible
bidder, or negotiated proposal, arrange for a contract between such party
and the Obligee. The Surety will make available as work progresses
sufficient funds to pay the cost of completion less the balance of the
Contract price. The cost of completion includes responsibilities of the
Principal for correction of defective work and completion of the Contract, the
Obligee's legal and design professional costs resulting directly from the
Principal's default, and liquidated damages or actual damages if no
liquidated damages are specified in the Contract. The term "balance of the
Contract price" means the total amount payable by the Obligee to the
Principal under the Contract and any amendments thereto, less the amount
properly paid by the Obligee to the Principal; or
3. Determine the amount for which it is liable to the Obligee and pay the
Obligee that amount as soon as practicable.
In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and
hold Obligee harmless from and against any and all costs of enforcement including but
not limited to reasonable attorneys' fees and expenses.
Every Surety on this bond shall be deemed and held, any contract to the contrary
notwithstanding, to consent to each and all of the following matters, without notice:
Performance Bond Page 1 of 2
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.
If the Principal performs the Contract, then this bond shall be null and void; otherwise it
shall remain in full force and effect. In no event shall the Surety's total obligation exceed
the penal amount of this bond.
Terms used herein shall include, as appropriate, the singular or plural number, or the
masculine, feminine or neuter gender.
IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this
Performance Bond as of
PRINCIPAL SURETY
Name Name
By: By:
Title: Title:
[attach Power of Attorney]
NOTE: Date of BOND must not be prior to date of Contract.
If CONTRACTOR is Partnership, all partners should execute BOND.
If this project includes Federal Funds, the following applies to the payment bond:
IMPORTANT: Surety companies executing bonds must appear on the Treasury
Department's most current list (Circular 570 as amended) and be authorized to transact
business in the State where the project is located.
Performance Bond Page 2 of 2
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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
(Name of Owner)
(Address of Owner)
hereinafter called OWNER, in the penal sum of Dollars,($ )
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 Principa, 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:
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.
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
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.
If this project includes Federal Funds, the following applies to the payment bond:
IMPORTANT: Surety companies executing bonds must appear on the Treasury
Department's most current list (Circular 570 as amended) and be authorized to transact
business in the State where the project is located.