HomeMy WebLinkAboutGENERAL SPECIFICATIONS FOR CONSTRUCTION_Rev_0Five Sullivan Brothers CC Kitchen Plmb Improvements 00 73 11
City of Waterloo GENERAL SPECS
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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.
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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 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.
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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 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
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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.
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
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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. 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.
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If the specifications, the Engineer’s instructions, law ordinances, or any public
authority require any work and/or materials to be especially tested or approved, the
Contractor shall give the Engineer timely notice of readiness for inspection. If the
inspection is to be made by authority other than the Engineer, the Contractor shall notify
the engineer of the date fixed for inspection. Inspections by the Engineer will be promptly
made and, where practicable, at the source of supply. If any work should be covered up
without the approval or consent of the Engineer, it must, if required by the Engineer, be
uncovered for examination at the Contractor’s expense.
Re-examination of questioned work may be ordered by the Engineer, and, if so
ordered, the work must be uncovered by the Contractor. If such work be found in
accordance with the Contract, the City shall pay the cost of re-examination and
replacement. If such work be found not in accordance with the Contract, the Contractor
shall pay such cost unless he shall show that the defect in the work was caused by
another Contractor, and, in that event, the City shall pay the cost.
2. AUTHORITIES AND DUTIES OF INSPECTORS. Inspectors may be
stationed on the work to report to the Engineer as to the progress of the work and the
manner in which it is being performed; also, to report whenever it appears that materials
furnished and work performed by the Contractor fail to fulfill the requirements of the
specifications and Contract, and to direct the attention of the Contractor to such failure or
infringement; but such inspection shall not relieve the Contractor from any obligations to
furnish acceptable materials or to provide completed construction that is satisfactory in
every particular.
In case of any dispute arising between the Inspector and the Contractor as to
materials furnished or the manner of performing the work, the Inspector shall have the
authority to reject materials or suspend the work until the question at issue can be referred
to and decided by the Engineer. Inspectors are not authorized to revoke, alter, enlarge,
relax, or release any requirements of these specifications. The Inspector shall, in no
case, act as foreman or perform other duties for the Contractor, or interfere with the
management of the work by the latter.
3. STATUS OF THE ENGINEER. The Engineer shall have general
supervision and direction of the work. He has authority to stop the work whenever such
stoppage may be necessary to insure the proper execution of the Contract. He shall also
have authority to reject any work and/or materials which do not conform to the
specifications, to direct the application of forces to any portion of the work as, in his
judgment, is required, and to order the force increased or diminished, and to decide
questions which arise in the execution of the work.
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.
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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 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
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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 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.
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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.
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.
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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.
8. CITY’S RIGHT TO TERMINATE CONTRACT. If the Contractor should be
adjudged a bankrupt; or if he should make a general assignment for the benefit of this
creditor; or if a Receiver should be appointed on account of his insolvency; or if he should
persistently or repeatedly refuse or should fail, except in cases for which extension of time
is provided, to supply enough skilled workmen or proper materials; or if he should fail to
make prompt payment to Subcontractors or for materials or labor; or if he should
persistently disregard laws, ordinances, or the instructions of the 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.
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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 United 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.
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.
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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.
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
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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 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.
Products—Completed Operations
Aggregate Limit
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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 damages sustained by reason of carrying on the work involved
in the Contract. The affidavit shall specifically evidence the following forms of insurance
protection:
(a) Public liability insurance covering all operations performed by persons
directly employed by the Contractor.
(b) Public liability insurance covering all operations performed by any
Subcontractor to whom a portion of the work may have been assigned.
(c) Public liability insurance covering all work upon the project performed by
any independent Contractor working under the direction of either the
principal Contractor or a Subcontractor.
(d) Motor vehicle bodily injury liability insurance and property damage liability
insurance on all motor vehicles employed on the work, whether owned by
the Contractor or by other persons, firms, or corporations.
(e) The minimum protection shall be as follows:
Comprehensive General Liability Insurance
General Aggregate Limit $ 5,000,000.00
Products—Completed Operations
Aggregate Limit $ 5,000,000.00
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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 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.
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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.
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
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time, expense, and trouble incident to the appeal, and, if the appeal was taken without
reasonable cause, damages for delay, the arbitrators shall fix their own compensation
unless otherwise provided by agreement, and shall assess the costs and charges of the
arbitration upon either or both parties.
The award of the arbitrators must be in writing, and it shall not be open to
objections on account of the form of proceeding or the award, unless otherwise provided
by the laws of Iowa.
In the event of such laws providing on any matter covered by this article otherwise
than as hereinbefore specified, the method of procedure throughout and the legal effect
of the award shall be wholly in accordance with the laws of the State of Iowa, it being
intended hereby to lay down a principle of action to be followed, leaving its local
application to be adopted to the legal requirements of the place in which the work is to be
done.
12. PERFORMANCE AND PAYMENT BONDS. The Contractor shall, at the
time of execution and delivery of this contract and before the taking effect of same, furnish
and deliver to the City 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
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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.