HomeMy WebLinkAboutPROJECT SPECIFICATIONS 3 , !
PROJECT SPECIFICATIONS FOR '
F.Y. 2018
SIDEWALK REPAI .,y
ASSESSMENT ENT PROG `•' , . Z NE 7
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CONTRACT NO. 931
I hereby certify that this engineering document was prepared 6y me or under my direct
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KY. 2018 SIDEWALK REPAIR ASSESSMENT PROGRAM- ZONE 7
CONTRACT NO. 931
CONTRACT DOCUMENTS
TABLE OF CONTENTS
1. NOTICE OF PUBLIC HEARING
-41 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
uml 8. EQUAL OPPORTUNITY CLAUSE
9. TITLE VI CIVIL RIGHTS
1
10. RESIDENT BIDDER AND NON-RESIDENT BIDDER CERTIFICATION
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. STA I'EMENT OF BIDDERS QUALIFICATIONS
15. GENERAL SPECIAL PROVISIONS
16. SPECIAL PROVISIONS
17. GENERAL SPECIFICATIONS FOR CONSTRUCTION
18. SUPPLEMENTAL GENERAL SPECIFICATIONS FOR CONSTRUCTION
19. FORM OF CONTRACT
20. FORM OF PERFORMANCE BOND
21. FORM OF PAYMENT BOND
NOTICE OF PUBLIC HEARING
On Proposed Plans, Specifications,Form of Contract,
And Estimate of Cost
For the
I FY 2018 SIDEWALK REPAIR ASSESSMENT PROGRAM—ZONE 7
In the City of Waterloo,Iowa
CONTRACT NO. 931
RECEIVING OF BIDS
Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in
r the City Hall of the said City on the 24th day of August, 2017 until 1:00 p.m. for the construction
of the FY 2018 SIDEWALK REPAIR ASSESSMENT PROGRAM — ZONE 7,
CONTRACT NO. 931 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 24th day of August, 2017 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 281 day of August, 2017, 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 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
NOTICE OF HEARING CONTRACT NO.931 Page 1 of 2
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 removing and replacing PCC sidewalk of various widths and
thicknesses, drainage structure repair, and water valve repair within Zone 7 of the City of
Waterloo's Sidewalk Repair Program. This project is generally located in an area bound by:
E. 4th Street—Walnut Street—Independence Avenue—East City Limits—Cedar River—E.
4th Street
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 2017.
CITY OF WATERLOO, IOWA
BY:
Kelley Felchle
City Clerk
NOTICE OF HEARING CONTRACT NO. 931 Page 2 of 2 _
NOTICE TO BIDDERS
For the Taking of Construction Bids for the
FY 2018 SIDEWALK REPAIR ASSESSMENT PROGRAM — ZONE 7
In the City of Waterloo, Iowa
CONTRACT NO. 931
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 24th day of August, 2017 untie 1:00 p.m. for
the construction of the FY 2018 SIDEWALK REPAIR ASSESSMENT PROGRAM —
ZONE 7, Contract No. 931, 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 24th day of August, 2017, 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 August 28, 2017, 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 removing and replacing PCC sidewalk of various
widths and thicknesses, drainage structure repair, and water valve repair within Zone 7
of the City of Waterloo's Sidewalk Repair Program. This project is generally located in
an area bound by:
E. 4th Street —Walnut Street— Independence Avenue — East City Limis — Cedar
River— E. 4th Street
BEGINNING AND COMPLETION DATES
The work under the proposed contract shall be commenced within ter (10) working
days after receipt of "Notice to Proceed" and all items shall be completed on or before
December 15, 2017.
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
NOTICE TO BIDDERS CONTRACT NO. 931 Page 1 of 5
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.
Upon award of project, the prime contractor, his subcontractors and suppliers shall be
supplied with the needed number of plans and specifications at no additional cost.
CONTRACT AWARD
A contract will be awarded to the qualified bidder submitting the lowest bid.
The City reserves the right to reject any or all bids, re-advertise for new bids, and to
waive informalities in the bids submitted that might be in the best interest of the City.
Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty (30)
days from the day of the opening of bids for the purpose of reviewing the bids and
investigating the qualifications of bidders, prior to awarding the contract.
By virtue of statutory authority, a preference will be given to products and provisions
grown and coal produced with the State of Iowa and preference will be given to local
domestic labor in the construction of the improvement.
NOTICE TO BIDDERS CONTRACT NO. 931 Page 2 of 5
PROPOSALS SUBMITTED
The bidder shall submit bids on the items listed in the proposal. The bidder shall clearly
write or type the unit bid price and the bid item extension (Unit Price x Estimated Qty) in
numerals on the blanks provided. Should there be any discrepancy between the unit
bid price and extension, the City of Waterloo shall consider the unit bid price as being
the valid unit bid price.
The bidder has the option to submit a computer-generated spreadsheet in lieu of the
portion of the Form of Bid or Proposal, which includes the Bid Item Number,
Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price and Total Bid. The
computer-generated spreadsheet shall include all of the information listed in that portion
of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor
submitting the bid, For the bidders who submit a computer-generated spreadsheet, the
TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s)
provided on the Form of Bid or Proposal.
BID SECURITY REQUIRED
All bids must be accompanied in a separate envelope by a certified or cashier's check
drawn on an Iowa bank, or a bank chartered under the laws of the United States, a
certified share draft drawn on a credit union in Iowa or chartered under the laws of the
United States, or bid bond, (on the form furnished by the City) payable to the City of
Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which
certified check, certified share draft or bid bond will be held as security that the Bidder
will enter into a Contract for the construction of the work and will furnish the required
bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract
and furnish the required bonds, his bid security may be retained by said City as agreed
upon liquidated damages. If bid bond is used, it must be signed by both the Bidder and
the surety or surety's agent. Signature of surety's agent must be supported by
accompanying Power of Attorney.
PERFORMANCE & PAYMENT BONDS
The successful bidder will be required to furnish a "Performance Bond" and a "Payment
Bond" within ten (10) days after forms are presented to him in an amount equal to one
hundred percent (100%) of the contract price, said bond to be issued by a responsible
surety approved by the City Council and shall guarantee the faithful performance of the
contract and the terms and conditions therein contained, and shall guarantee the
prompt payment of all materials and labor and protect and save harmless the City from
claims of any kind caused by the operations of the contractor.
MAINTENANCE BOND
Before the Contractor shall be entitled to receive final payment for work done under this
contract, it shall execute and file a bond in the penal sum of not less than 100% of the
total amount of the contract, same to be known as "Maintenance Bond," and which bond
must be approved by the City Council, and which bond is in addition to the bond given
by the Contractor to guarantee the completion of the work.
NOTICE TO BIDDERS CONTRACT NO. 931 Page 3 of 5
CONTRACT COMPLIANCE PROGRAM / SUBCONTRACTING
The program proposes numerical projections regarding utilization of Minority Business
Enterprise (MBE) and Women Business Enterprise (WBE) as Subcontractors, vendors
and suppliers in the performance of Contracts awarded by the City of Waterloo, Iowa.
A goal of at least ten percent (10%) for MBE participation on all City funded construction
projects that are estimated at $50,000.00 or more. A goal of at least two percent (2%)
for WBE participation on all City funded construction projects that are estimated at
$50,000.00 or more. Any project funded in part or in total with federal funds shall follow
the respective agencies contract compliance program and goals. The
Prime Contractor shall make "good-faith efforts" to meet the Contract Compliance
MBE/WBE goals. The MBE/WBE subcontractors, suppliers or vendors must provide
the Prime Contractor a reasonably competitive price for the service being rendered or
the Contractor is not required to accept their bid.
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 five hundred dollars ($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 not chargeable for
Liquidated Damages will include rain days, Sunday if no work is done, and legal
holidays.
Working days will cease to be charged when only punch list items remain to be
completed. Punch list items do not include contract bid items or approved change/extra
work orders.
When the Contractor believes the project to be substantially completed, a written notice
stating the same shall be submitted to the Engineer and a request made for a Punch
List. If the work under the Contract extends beyond the normal construction season for
such work the Contractor shall submit to the Engineer in writing a request that working
days counted toward the project be suspended until work is resumed the following
construction season.
This amount is not construed as a penalty. These damages are for the cost to the City
of providing the required additional inspection, engineering and contract administration.
PRE-CONSTRUCTION CONFERENCE
Before the work is commenced on this contract, a conference shall be held for the
purpose of discussing the contract. The conference shall be attended by the prime
contractor, subcontractors and City Officials.
NOTICE TO BIDDERS CONTRACT NO. 931 Page 4 of 5
RESIDENT BIDDER/NON-RESIDENT BIDDER
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 Resident Bidder
Certification or a Non-Resident Bidder Certification in the form(s) herein provided.
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 BIDDERS CONTRACT NO. 931 Page 5 of 5
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
"1 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.
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
INSTRUCTIONS TO BIDDERS Page 1 of 13
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 t—
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.
4. SUBMISSION OF BIDS
tam
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.
INSTRUCTIONS TO BIDDERS Page 2 of 13
required by the contractor to use MBE/WBE subcontractors.
This Program shall not eliminate the need for contractors to continue their
"good-faith efforts" in using MBE/WBE subcontractors on City contracts
estimated at less than$50,000.
The City of Waterloo will make every effort to reduce in-house
construction and maintenance work that would be more cost effectively
performed by the private sector and, thus, would allow additional bidding
opportunities for MBE/WBE firms.
The City Contract Compliance Officer shall be advised of all City of
Waterloo awarded construction contracts.
DEFINITIONS
Goals:
A flexible numerically expressed objective which contractors are required
to make"good-faith efforts." The key to the requirement is to make
documented efforts. Goals are neither set-a-sides nor a device to achieve
proportional representation or equal results. Numerical goals do not create
set-a-sides for specific groups,nor are they designed to achieve
proportional representation or equal results. Rather,the goal-setting
process in affirmative action planning is used to target and measure the
effectiveness of affirmative action efforts to eradicate and prevent
discrimination.
Quota:
A flat numerical requirement that the contractor is required to meet in
order to obtain the benefit or be in compliance. The numerical goal
component of affirmative action programs is not designed to be, nor may
it properly or lawfully be interpreted as,permitting unlawful preferential
treatment and quotas with respect to persons of any race, color,religion,
sex, or national origin. The regulations at 41 CFR 60-2.12(a), 60-2.15 and
..M 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)
INSTRUCTIONS TO BIDDERS Page 5 of 13
I
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, fmancial responsibility, and
evidence of working with the Affirmative Action Employment Program
and the Contract Compliance Program.
Broker:
One buying or selling for others on commission or other fee basis without
maintaining a warehouse or other similar inventory storage facility.
Mayor's Advisory Committee:
Mayor's Advisory Committee for Minority, Female, and Disadvantaged
Business Enterprise.
Good Faith Efforts:
The successful bidder shall be selected on the basis of having submitted
the lowest responsible bid. The obligation of the bidder is to make good
faith efforts. The bidder can demonstrate that it has done so by the
following:
1. The Prime Contractor met the project goal-No Action necessary --
2. If the Prime Contractor failed to meet the goal, they must submit
documentation of good faith efforts.
CONTRACT COMPLIANCE PROGRAM SUBCONTRACTING
INSTRUCTIONS TO BIDDERS Page 6 of 13 -
The program proposes numerical projections or goals regarding utilization
.•t of Minority Business Enterprise (MBE) and Women Business Enterprise
(WBE) as subcontractors in the performance of contracts awarded by the
City of Waterloo, Iowa.
0.4
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
444.4, under$50,000 where applicable at the Contract Compliance Officer's
discretion. There is at least 2%WBE goal on City funded projects. Any
project which is funded solely or in part with Federal funds shall follow
"• the respective agencies contract compliance program and goals. Any
project which is funded solely or in part with State funds shall follow the
respective agencies contract compliance program and goals. The City of
Waterloo Contract Compliance Program is for City awarded construction
contracts only. The prime contractor shall make "good-faith efforts"to
meet the Contract Compliance MBE/WBE goals. The MBE/WBE
subcontracts must provide the prime contractor a reasonably competitive
price for the service being rendered or the contractor is not required to
accept the bid.
Administrative Reconsideration:
As part of this reconsideration,the bidder will have the opportunity to
provide written documentation or arguments concerning the issue of
whether they made adequate good faith efforts to meet the goals. The
bidder will have the opportunity to meet in person with the City of
Waterloo's Administrative Reconsideration Committee to discuss the issue
of whether they made adequate good faith efforts. The Administrative
Reconsideration Committee will forward a written decision on
reconsideration to the Mayor and City Council, explaining the basis for
finding that the bidder did or did not meet the goal or make adequate good
faith efforts to do so.
44,,, 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
ti
INSTRUCTIONS TO BIDDERS Page 7 of 13
1
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/WBE/DBE contractors is through the Iowa Department of
Transportation and its Unified Certification Program. Only firms
certified based on guidelines prescribed in 49 CFR Part 26 and
provisions of this agreement, shall be recognized as certified by the
City of Waterloo.
C. The City Contract Compliance Officer is responsible for making
available a list of future project information notices to MBE/WBE Immo
firms.
D. The City Contract Compliance Officer shall send notices to
appropriate MBE/WBE firms in the directory of each bid ..
solicitation with opening date.
E. The City Contract Compliance Officer will receive MBE/WBE
Letter(s) of Intent to Bid and within two (2)business days forward
the complete list of MBE/WBE bidders who submitted a Letter of
Intent to Bid to prime contractors.
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
INSTRUCTIONS TO BIDDERS Page 8 of 13
MBE/WBE contact not on the City's MBE/WBE list, attach a copy
of the MBE/WBE/DBE Certifications from another government
agency.
B. If a prime contract bidder is unable to identify MBE/WBE firms to
-` perform portions of the work, the City Contract Compliance
Officer should be contacted for assistance immediately.
C. Prime contract bidders may solicit MBE/WBE proposals by
telephone or personal interviews,but all such contacts shall be
confirmed by Certified Mail, or subcontract bid request forms
(Form CCO-2).
D. If any MBE/WBE business submitting bids is not selected for
subcontract award, documentation must accompany the
"MBE/WBE Business Enterprise Pre-Bid Contact Information
Form" (Form CCO-4 and CCO-4A) on why the MBE/WBE was
not selected. These reasons could include:
a. Not low bid. Copies of the competing bids may be required for
verification.
b. MBE/WBE did not bid,withdrew bid or non-responsive.
,,. c. Documentation of other business-related reason for not selecting
the MBE/WBE business for a subcontract.
d. Prime contractor self performs work.
e. Any other reason relied on by prime.
The Contract Compliance Officer will determine the weight to be given to
each item listed above (supported by appropriate documentation)based on
overall program goals.
..� II. 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.
sof
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
INSTRUCTIONS TO BIDDERS Page 9 of 13
ti..
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.
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 V~
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
INSTRUCTIONS TO BIDDERS Page 10 of 13
„4
d. The failure of the successful bidder to execute such agreement and to
supply the required bond or bonds within ten(10) days after the prescribed
0.4 Balms 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. RECIPROCAL RESIDENT BIDDER PREFERENCE
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 Resident
Bidder Certification or a Non-Resident Bidder Certification in the form(s)herein
provided.
11
mi
INSTRUCTIONS TO BIDDERS Page 13 of 13
FORM OF BID OR PROPOSAL
F.Y. 2018 SIDEWALK ASSESSMENT PROGRAM—ZONE 7
CONTRACT NO. 931
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 F.Y. 2018 SIDEWALK ASSESSMENT
PROGRAM - ZONE 7, Contract No. 931, all in accordance with the above-listed
documents and for the unit prices for work in place for the following items and quantities:
F.Y.2018 SIDEWALK ASSESSMENT PROGRAM—ZONE 7
CONTRACT NO. 931
BID DESCRIPTION UNIT EST.QTY. UNIT BID TOTAL BID PRICE
ITEM PRICE
REMOVE&REPLACE PCC
1 SIDEWALK,4" SF 32,748.4 $ $
REMOVE&REPLACE PCC
2 SIDEWALK, 5" SF 2,594.3 $ $
REMOVE&REPLACE PCC
3 SIDEWALK, 6" SF 2,270.1 $ $ _
REMOVE&REPLACE PCC
4 SIDEWALK,CLASS "A" SF 2,096.3 $ $
5 PATCH EACH 49.0 $ $
6 CLEAN SIDEWALK EACH 54.0 s $
7 WATER VALVE ADJUSTMENT EACH 28.0 $ $
8 GAS VALVE ADJUSTMENT EACH 1.0 $ $
9 DRAINAGE PLATE REPAIR EACH 1.0 $ $
10 SAW CUT LF 5.3 $ $
11 JOINT SEAL LF 16.0 $ $
TOTAL BID $
FORM OF BID CONTRACT NO. 931 Page 1 of 3
1
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.
6. Attached hereto is a Resident Bidder Certification ( ), or Non-Resident Bidder
Certification( ). (Mark one.)
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 MBE/WBE subcontractor(s), amount of subcontracts and bid
items on the City of Waterloo Minority and/or Women Business Pre-bid Contact
Information Form submitted with this Form of Bid or Proposal. The apparent low Bidder
shall submit a list of all other Subcontractor(s) to be used on this Project to the City of
Waterloo by 5:00 p.m. the business day following the day Bids on this Project are due
along with the Non-Collusion Affidavits of All Subcontractor(s).
The 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:
FORM OF BID CONTRACT NO.931 Page 2 of 3
'` 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.
.44 (Name of Bidder) (Date)
BY: Title
Official Address: (Including Zip Code):
I.R.S.No.
0.1
-..
I
FORM OF BID CONTRACT NO.931 Page 3 of 3
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 0 Landscaping
El Carpentry 0 Painting
O Concrete 0 Paving
O Drywall-Plaster-Insulation 0 Plumbing
O Electrical 0 Roofing-Siding-Sheet Metal
0 Excavation/Grading D Windows
O Flooring 0 Wrecking-Demolition
Heavy Construction 0 Other (Please specify)
0 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 payment
I
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
I submitted the accompanying bid dated the day of 20
for
'
i NOW,THEREFORE,
{
(a)If said Bid shall be rejected,or in the alternate,
l (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall
furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or
furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the
,..1, 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 e ory rity, u
damagesvirtu§ustained:of statutin theautho event thatthe thef Principalllamount failsofthis toi executebidbond theshall contractbe andforfeited providetothe the bondOwner asin providedliquidation in theof
--i 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
+t
i By
(Title)
al (Seal)
Witness Surety
By
' 1 Witness Attorney-in-fact
1
...1
1
1
7
NON-COLLUSION AFFIDAVIT OF PRIME BIDDER
...j 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 attached Bid and of all
pertinent circumstances respecting such Bid;
3. Such Bid is genuine and is not a collusive or sham Bid;
.Y.q 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
ma.
Ong
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
�-s
Subscribed and sworn to before me this day of
,201 .
Title
My commission expires
EQUAL OPPORTUNITY CLAUSE
--y (As provided in Executive Order No. 11246)
All contractors, subcontractors, vendors and suppliers of goods and services doing
business with the City and value of said business equals or exceeds ten thousand dollars
($10,000.00) annually agree as follows:
1. The contractors, subcontractor,vendor and supplier of goods and services will not
discriminate against any employee or applicant for employment because of race,
color, creed, sex, national origin, economic status, age, mental or physical
handicap, political opinions or affiliations. The contractor, subcontractor, vendor
and supplier will develop an Affirmative Action program to ensure that applicants
"`, are employed and that employees are treated during employment without regard
to their race, creed, color, sex, national origin, religion, economic status, age,
mental or physical disability, political opinions or affiliations. Such actions shall
include but not be limited to the following:
a. Employment
b. Upgrading
c. Demotion or Transfer
d. Recruitment and Advertising
e. Layoff or Termination
f. Rates of Pay or Other Forms of Compensation
g. Selection for Training Including Apprenticeship
2. The contractor, subcontractor, vendor and supplier of goods and services will, in
..� all solicitations or advertisements for employees, state that all qualified applicants
will receive consideration for employment without regard to race, creed, color,
sex, national origin, religion, economic status, age,mental or physical disabilities,
.., political opinion or affiliations.
3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining
representative will send to each labor union or representative of workers which
he/she has a collective bargaining agreement or other contract or understanding, a
notice advising said labor union or workers' representative of the contractor's
commitment under this section.
4. The contractor, subcontractor, vendor and supplier of goods and services will
--� comply with all published rules, regulations, directives, and order of the City of
Waterloo Affirmative Action Program Contract Compliance Provisions.
5. The contractor, subcontractor, vendor and supplier of goods and services will
furnish and file compliance reports within such time and upon such forms as
provided by the Affirmative Action Officer. Said forms will elicit information as
EQUAL OPPORTUNITY CLAUSE PAGE 1 OF 2 PAGES
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- tun
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)
Irmo
(Title)
h—
(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
7 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.
1
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.
law
RESIDENT/NON-RESIDENT BIDDER
RESIDENT BIDDER:
In accordance with Section 73A.21 of the Iowa Code, all non-federal-aid public
improvement projects, which include road construction, shall be performed by a
qualified resident bidder. The resident bidder has been further defined as follows:
Resident Bidder:
A person or entity authorized to transact business in this state and
having a business for at least three years prior to the date of the
first advertisement for the public improvement. If another state or
foreign country has a more stringent definition of a resident bidder,
the more stringent definition is applicable as to bidders from that
state or foreign country.
The contractor shall provide the City with a certification that he is a qualified
resident bidder according to the above definition. The Certification shall be
submitted with the contractor's bid. A copy of the form of "Resident Bidder
Certification" is included in the Contract Documents. If it is determined that the
contractor does not meet this qualification after he begins work, a shutdown
notice shall be issued and the voiding of the contract shall begin unless the
contractor becomes qualified.
NON-RESIDENT BIDDER:
The contractor shall provide the City with a certification that he is a ncn-resident
bidder according to the above definition. The Certification shall be submitted with
the contractor's bid. A copy of the form of "Non-Resident Bidder Cert fication" is
included in the Contract Documents.
DJG
01/02/12
RESIDENT BIDDER CERTIFICATION
CONTRACT NO:
PROJECT NAME:
DATE OF LETTING:
To be a qualified resident bidder, the bidder shall be a person or entity
authorized to transact business in this state and having a business for at
least three years prior to the date of the first advertisement for the public
improvement. If another state or foreign country has a more stringent
definition of a resident bidder, the more stringent defmition is applicable
as to bidders from that state or foreign country.
This qualification as resident bidder shall be maintained by the contractor and his
subcontractors at the work site until this project is completed.
I hereby certify that I am a resident bidder as defined above.
COMPANY NAME
CORPORATE OFFICER
TITLE
DATE
NON-RESII)EA1T BIDI)EI2 CERTIFICATION
-1 CONTRACT NO.:
1
PROJECT NAME: DATE OF
LETTING:
I hereby certify that I am an Iowa non-resident bidder.
s i COMPANY NAME:
CORPORATE OFFICER:
TITLE:
DATE:
STATE/COUNTRY OF RESIDENCY:
Stated below are the preference(s)to resident bidders in the state/country of :
(Preference to bidders, labor force, or other preferential treatment to bidders or laborers, etc.
I -1
1
Revised February 2003
CONTRACTOR'S OR SUBCONTRACTOR'S AFFIRMATIVE ACTION PROGRAM
Check box that applies to party completing program:
( ) General Contractor
( ) Subcontractor
Section A to be completed by GENERAL CONTRACTORS only:
A.
Name of Company
Address of Company Zip _
Telephone Number ( )
Federal ID Number (if no Federal ID Number, Owner/President's Social
Security Number)
Name of Equal Employment Officer
Name of Project
Project Contract Number _.
Estimated Construction Work Dates
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 (UVI, 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:
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 p ocedures 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:
- 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.
_ g -
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 'or 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:
3 �
The following are items from the F.Y. 2018 SIDEWALK REPAIR ASSESSMENT
PROGRAM— ZONE 7, Contract No. 931, that have a potential for MBE/WBE Participation.
This listing, however, is not intended to be all encompassing; to preclude MBE/WBE
Contractors from bidding on any items of the Proposal as a Subcontractor or the entire Proposal
as a Prime Contractor.
---, BID DESCRIPTION UNIT EEF.QTY.
ITEM
REMOVE&REPLACE PCC
1 SIDEWALK,4" _ SF 32,748.4
REMOVE&REPLACE PCC
2 SIDEWALK, 5" SF 2,594.3
REMOVE&REPLACE PCC
3 SIDEWALK, 6" SF r 2,270.1
REMOVE&REPLACE PCC
4 SIDEWALK,CLASS "A" SF 2,096.3
5 PATCH EACH 49.0
6 CLEAN SIDEWALK EACH 54.0
7 WATER VALVE ADJUSTMENT EACH 28.0
8 GAS VALVE ADJUSTMENT EACH 1.0
9 DRAINAGE PLATE REPAIR EACH 1.0
10 SAW CUT LF 5.3
11 JOINT SEAL LF 16.0
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
7
1
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)
I �I
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
-1 620 Mulberry St.
Carnegie Annex, Suite 202
Waterloo,IA 50703
Phone: (319)291-4429
Form CCO-5(06-20-2002)
f 1
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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
11, 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
1,
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
1
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
i
L
L °
CERTIFIED TIFI 1 . . CONTRACTORS
ATLAS PAINTING, INC.*
911 Sycamore Street
P.O. BOX 65
Waterloo, IA 50704
—3 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: JRl 1.486 cI,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.)
111
7. General character of work performed by your company.
1 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.
aellt
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.
.l. 14. Credit available: $
15. Give bank reference:
0.1
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?
STATEMENT OF BIDDER'S QUALIFICATIONS PAGE 1 OF 2 PAGES
Vas
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 theIMar
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 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 17
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.
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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.
GENERAL SPECS Page 2 of 17
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.
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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
-a 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
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
GENERAL SPECS Page 3 of 17
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 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.
GENERAL SPECS Page 4 of 17
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
"1 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
GENERAL SPECS Page 5 of 17
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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.
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.
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GENERAL SPECS Page 6 of 17
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
,,,,t 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
j .., 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
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'
aw, 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
GENERAL SPECS Page 7 of 17
expenses of removal, the City may deduct the balance from any amounts due the
Contractor.
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9. MATERIALS, EQUIPMENT, APPLIANCES, AND FACILITIES.
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, ..
water, tools, equipment, light, power, transportation, and other facilities necessary for the
execution and completion of the work. Materials shall be of the quality specified for each
particular part of the work.
Whenever, in construction of the work or in the manufacture of any article of
appliance necessary for the construction or operation of the work, it is necessary to use
any material that is not fully specified in these specifications, it shall be of good quality
and shall meet with the approval of the 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.
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
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GENERAL SPECS Page 8 of 17
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
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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. SUND,AYS 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
11 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.
GENERAL SPECS Page 9 of 17
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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,
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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
GENERAL SPECS Page 10 of 17
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
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1. STANDARD OF MEASUREMENT. All work completed under the
contract shall be measured by the Engineer according to the United States standard
•o 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.
04. 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
GENERAL SPECS Page 11 of 17
1
by the Engineer before such work is begun, and to which sum no percentage is to be
added.
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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 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
GENERAL SPECS Page 12 of 17
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"`' 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
4.4
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 fmal 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
`i 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
7 GENERAL SPECS Page 13 of 17
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
Irmo
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 $ 2,000,000.00
Products—Completed Operations
Aggregate Limit $ 2,000,000.00
Each Occurrence Limit $ 2 ,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.
GENERAL SPECS Page 14 of 17
"4 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.
"al` 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.
f
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..� GENERAL SPECS Page 17 of 17
1
l
GENERAL SPECIAL PROVISIONS
A
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 F.Y. 2018
SIDEWALK REPAIR ASSESSMENT PROGRAM—ZONE 7, Contract No.
931, in accordance with these specifications.
The specifications are dated August 7, 2017. They have the general title of F.Y.
... 2018 SIDEWALK REPAIR ASSESSMENT PROGRAM—ZONE 7, Contract
No. 931.
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.
The locations of the sidewalk repairs associated with this contract are shown in the
Repair Locations Booklet for the F.Y.2018 SIDEWALK REPAIR ASSESSMENT
PROGRAM—ZONE 7, CONTRACT NO. 931, which are available to prospective
bidders. All bidders shall be responsible for reviewing the existing conditions and
work sites located in Zone 6 prior to submitting a bid. Sidewalk panels requiring
1 "+ repair as noted in the locations booklet have also been marked with green paint. A
green dot is used to mark a single panel that is to be removed and replaced. An
arrow drawn away from a line represents the boundary where a series of panels will
`", be removed and replaced. A green "X" is used to mark a panel that may need to be
removed however, final determination cannot be made until after panels with white
dots have been removed. An "F" is used to mark a panel where patching is required.
The Contractor shall not be compensated for delays and/or extra costs due to
conflicts with existing conditions.
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.
GENERAL SPECIAL PROVISIONS CONTRACT NO.931 Page 1 of 5
4. CONSTRUCTION DAMAGE
The Contractor shall exercise care during construction operations to ensure the safety
and protection to existing features located near or within the limits of construction.
Damage caused by negligence or poor workmanship, as determined by the Engineer,
shall be considered the Contractor's responsibility.
5. REMOVED MATERIALS
All materials removed as part of this Contract shall remain the property of the City
unless the City determines that the materials are not salvageable and the City does
not want to retain ownership of the materials. Materials designated in the field by
the Engineer as 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 Vamm
incidental to the items to which it applies.
7. MAILBOXES ..
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.
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.
GENERAL SPECIAL PROVISIONS CONTRACT NO.931 Page 2 of 5 _
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
-1 ordinances governing hauling and movement of equipment over streets, railroads,
highways, and private property. Any costs or inconvenience caused by obtaining
any necessary permits or permission shall be considered completely covered by the
price bid for the items in the proposal.
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 for the purpose of discussing the contract.
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.
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GENERAL SPECIAL PROVISIONS CONTRACT NO.931 Page 3 of 5
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 (INCIDENTAL)
The Contractor shall 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 per
the current City of Waterloo Driveway and Sidewalk Specifications or as may be
ordered by the Engineer, to ensure the safety of the public as well as those engaged
on the work.
All barricading necessary for completion of this project shall be considered
incidental to contract bid items.
16. GRADES,LINES,LEVELS,AND SURVEYS
The Contractor shall verify all grades, lines, levels, and dimensions as shown on the
drawings, and he shall report any errors or inconsistencies in the same to the City �.
Engineer before commencing work.
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 ti-
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. 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.
Work on Sunday requires prior approval of the Engineer in accordance with the
Waterloo Standard Specifications. Contractor shall not be allowed to conduct any
work that requires inspection or City approval.
GENERAL SPECIAL PROVISIONS CONTRACT NO.93I Page 4 of 5 _ _
1 �
The Contractor shall not work the following days in 2017 due to City holidays:
Monday, September 4, 2017 Labor Day
Friday,November 10,2017 Veteran's Day
Thursday,November 23, 2017
.., Friday,November 24, 2017
GENERAL SPECIAL PROVISIONS CONTRACT NO.931 Page 5 of 5
1
SPECIAL PROVISIONS
1. STANDARD SPECIFICATIONS
The Standard Specifications, which are referenced in the contract documents,
are designated as follows:
WATERLOO STANDARD SPECIFICATIONS - "Standard Specifications for
Municipal Public Works Construction, City of Waterloo, Iowa" and "City of
Waterloo Driveway and Sidewalk Specifications."
IDOT STANDARD SPECIFICATIONS - "Standard Specifications for Highway
and Bridge Construction, Iowa Department of Transportation, Ames, Iowa,
Series of 2009" and current revisions thereof.
2. SIDEWALK CONSTRUCTION
Construction of concrete sidewalks shall meet the requirements of the current
"City of Waterloo Driveway and Sidewalk Specifications" which are included in
the project plans.
3. REPAIR LOCATIONS
The sidewalk repair location sheets are for the Contractor's information and
contain the necessary quantities and types of repairs along each section of City
street included in the project area. After the contract has been awarded, the
successful bidder shall receive three (3) sidewalk repair booklets showing the
approximate locations of the repairs.
There are four (4) types of marks used to identify repair locations for this City
project.
o A dot is used to mark a single panel that is to be replaced.
o An "X" is used to mark a panel that may or may not need to be replaced
and is generally found on panels marked for replacement. Final
determination of "X" panels cannot be made until after panels with dots
have been removed.
o An arrow drawn away from a line represents the boundary where a
series of panels will be replaced.
o An "F" is used to mark a panel where patching is required. "F"s are
usually placed next to the patch location.
Sidewalk panels to be repaired under this contract are marked in GREEN.
If there is any doubt about a particular panel or property, contact the
Engineer or his representative BEFORE starting work.
SPECIAL PROVISIONS CONTRACT NO. 931 Page 1 of 8
4. SIDEWALK REMOVAL
The Contractor shall remove the sidewalk panels as shown on the plans or as
designated in the field by the Engineer. If only portions of a stretch of sidewalk
are to be removed, the boundaries of the removed panels shall be made by a
vertical full-depth saw cut before breaking the panels for removal. Any areas
of sidewalk or neighboring pavements broken or damaged by the Contractor's
operations shall be sawed full depth at the next panel joint beyond the damage,
and removed and replaced by the Contractor without compensation.
Any sidewalk repair outside the area marked for replacement that is required to --
be for replaced due to inattentiveness, negligence, and/or poor workmanship by
the Contractor, as determined by the Engineer, will be considered the
Contractor's responsibility and he will not be compensated. --
5. EXISTING THIN/BRITTLE CONCRETE SIDEWALK
The Contractor is advised that some sections of sidewalk in the project area are
constructed with a thin top layer that is very brittle. The Contractor shall be
extremely careful during removal of sidewalk of this type so as not to damage --
adjacent panels.
6. TREE ROOT REMOVAL
If tree roots with a diameter greater than two inches (2") are discovered, the
Contractor shall immediately notify the Engineer and the City Forester. The
Leisure Services Department shall investigate the tree roots and remove roots
as necessary. The Contractor shall be allowed to remove dead tree roots as
directed by the Engineer and/or the City Forester.
Tree root removal shall be considered incidental to the repair work.
7. ACCESS TO PROPERTIES DURING DRIVEWAY SIDEWALK REPAIRS
The Contractor shall make every effort to minimize the disruption time to private
property access when reconstructing the sidewalk through the driveway
approach. To help minimize this closure, driveway sidewalk sections shall be
paved with M-4 PCC. THE PROPERTY OWNER SHALL BE NOTIFIED 36-
HOURS IN ADVANCE OF ANY DRIVEWAY CLOSURE.
8. BARRICADING AND TRAFFIC CONTROL (INCIDENTAL)
The Contractor shall 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 per the current City of Waterloo Driveway and Sidewalk
Specifications or as may be ordered by the Engineer, to ensure the safety of
the public as well as those engaged in the work.
SPECIAL PROVISIONS CONTRACT NO. 931 Page 2 of 8
ALL BARRICADING AND ALL LABOR AND MAINTENANCE OF
BARRICADES NECESSARY FOR COMPLETION OF THIS PROJECT
SHALL BE CONSIDERED INCIDENTAL TO CONTRACT BID ITEMS.
9. BID ITEMS
A. REM. & REP. PCC SIDEWALK, 4", 5", & 6", BID ITEMS 1, 2, & 3
Under this item, the Contractor shall remove and replace the sidewalk panels
selected for repair. Construction shall be in accordance with the City of
Waterloo Sidewalk and Driveway Specifications. The measurement for these
bid items shall be per square foot and includes all materials, labor, and
equipment necessary to make this repair.
As explained in the CLEAN SIDEWALK, BID ITEM #6 entry, an estimate of
sidewalk repair for each Clean Sidewalk property has been developed and that
estimated quantity is listed. Cleaning of sidewalks at designated properties will
determine actual repair quantities.
B. REMOVE & REPLACE CLASS "A" SIDEWALK, BID ITEM #4
Class "A" Sidewalks are sidewalk sections that cover the "parking area"; that
portion of the Right-of-Way between the sidewalk and the back of curb. These
sidewalks vary greatly in size and are characterized by a lug at the back of
curb. Often these sidewalk panels have utilities, signs, and parking meters on
or within them. When repairing these sections, the Contractor will need to
coordinate with the appropriate City Department to remove and replace signs
and parking meters. The Contractor will also need to coordinate with utilities if
conflicts are found.
Under this item, the Contractor shall remove and replace the sidewalk panels
selected for repair. Construction shall be in accordance with the City of
Waterloo Sidewalk and Driveway Specifications. The measurement for these
bid items shall be per square foot and includes all materials, labor, and
equipment necessary to make this repair.
C. PATCH, BID ITEM #5
Under this item, the Contractor shall patch small holes in selected sidewalk
panels that the City has determined could be best repaired by patching rather
than full panel replacement. The Contractor shall use an approved patching
material and install the patching material per the manufacturer's directions. NO
-- READY MIX CONCRETE SHALL BE USED FOR PATCHING!
The measurement for this bid item is per panel patched and includes all
materials, labor, and equipment necessary to make this repair.
The quantity for this bid item may be affected by Clean Sidewalk work.
D. CLEAN SIDEWALK, BID ITEM #6
-- SPECIAL PROVISIONS CONTRACT NO. 931 Page 3 of 8
Under this item, the Contractor shall clean the sidewalks adjacent to the
property of all vegetation and collected debris along the edges and joints of the
sidewalk. Upon cleaning, the Engineer, or his representative, shall inspect the
sidewalk to determine needed repairs, if any exist, and mark the panels to be
repaired.
Because of the prevalence for water valves to be located at the edge of the ._..
sidewalk, CLEANING OF SIDEWALKS WITH SKID LOADERS IS
PROHIBITED.
The measurement for this bid item is per property cleaned and includes all
materials, labor, and equipment necessary to clean the sidewalks. The
Contractor shall also be responsible for the proper disposal of removed material --
with the disposal of material incidental to the bid item.
IMPORTANT BIDDING NOTE FOR CLEAN SIDEWALKS: --
Actual repairs for clean walk properties vary. Some may require significant
repairs, others may not require repairs. To better align the proposed quantities
with final quantities, sidewalk repairs for clean walk properties are estimated at
one panel per 25 linear feet of frontage. Experience has shown that repairs
associated with Clean Walk properties are generally non-driveway. The -"
contractor will be paid on actual repairs.
Additionally, owners of clean walk properties received several notices
throughout the spring and summer alerting them to the need to clean the
sidewalks and contact the City for a reinspection. Many owners have cleaned
the sidewalks, but failed to contact the City. Further, no permit is required to
clean sidewalks and property owners are free to clean the sidewalk at any time.
Our inspectors reviewed all properties prior to this project going to bid and
accounted for all clean walk properties listed in the estimated project quantities.
The Contractor shall be aware that the Clean Walk quantity may change
do to work by property owners. If any questions arise in the field, contact
the Engineer or his representative immediately and do not proceed until a
determination of need has been made.
E. WATER VALVE ADJUSTMENT, BID ITEM #7
At many locations within the sidewalk zone, water valves (also known as pave
boxes) are located next to the sidewalk. A small number of water valves are
located within the sidewalk. At various locations with this sidewalk zone, many
of the caps for these water valves have created a tripping hazard, by either
rising above the sidewalk grade or over-hanging and protruding into the
sidewalk walking area.
Under the WATER VALVE ADJUSTMENT bid time, the Contractor shall be
SPECIAL PROVISIONS CONTRACT NO. 931 Page 4 of 8
paid for all materials and labor needed to adjust the water valve to eliminate the
tripping hazard. Where water valve adjustments require the removal and
replacement of sidewalk sections, the Contractor shall be paid separately for
the concrete under the appropriate bid item.
For water valves that are located with a sidewalk, the Contractor shall adjust
the water valve by either raising or lowering the pipe by a method approved by
the Engineering so that the top of the water valve cap is flush with the sidewalk.
Once the water valve has been adjusted, the Contractor shall separate the
water valve from the concrete. An acceptable method for separating water
valves from concrete is found in Section 34 of the city of Waterloo Driveway
and Sidewalk Specifications.
For water valves that are not located within the sidewalk, the Waterloo Water
Works has indicated that if a short section (less than 6 inches) of the water
valve pipe is exposed, the pipe may be cut. In these situations, the Contractor
shall cut the pipe at 1/2-inch below the finish elevation of the sidewalk. The
Contractor shall then place a plastic insert into the pipe. This plastic insert is
available from the Waterloo Water Works at no charge. The removed water
valve cap and pipe section shall be delivered to the Waterloo Water Works.
Water valves have not been located in the field by the City. The Contractor
shall exercise care during construction operations to ensure the safety and
protection of all water valves located near or within the limits of construction.
Damage caused by negligence or poor workmanship, as determined by the
Engineer or his representative, shall be considered the Contractor's
responsibility.
The quantity for this bid item may be affected by Clean Sidewalk work.
F. GAS VALVE ADJUSTMENT, BID ITEM #8
At several locations within the sidewalk zone, gas valves are located in, or in
close proximity to, the sidewalk. These gas valves have created a tripping
hazard, by either rising above or sinking below the sidewalk grade or over-
- hanging or protruding into the sidewalk walking area.
Under the GAS VALVE ADJUSTMENT bid item, the Contract shall be paid for
all materials and labor needed to adjust the gas valve to eliminate the tripping
hazard. Where gas valve adjustments require the removal and replacement of
sidewalk sections, the Contractor shall be paid separately for the contract work
under the appropriate bid item.
Gas valves should be adjustable in a manner similar to water valves. If issues
arise with adjustments, stop work, notify the Engineer or his representative
immediately, and await instruction from MidAmerican Energy.
The quantity for this bid item may be affected by Clean Sidewalk work.
-- SPECIAL PROVISIONS CONTRACT NO. 931 Page 5 of 8.
G. DRAINAGE PLATE REPAIR, BID ITEM #9
At control number 283, 723 Franklin Street, is one drainage structure
constructed within the sidewalk to move roof drainage into the street gutter.
This structure is a concrete U-channel covered with steel plates and in need of
repair.
Under this bid item, the Contractor shall supply all material, labor, and
equipment necessary to bring this drainage structure into good condition,
replacing as necessary. All work shall be done per City specifications.
Payment for this item will be on a per structure basis.H. SAWCUT, BID ITEM #10
At certain locations within the sidewalk zone, previous sidewalk projects were
undertaken with saw cutting of the sidewalk not performed. Under this bid time,
the Contractor shall supply all material, labor, and equipment to saw cut new --
joints into the existing unjointed concrete. All work shall be done per City
specifications. Payment for this item will be on a lineal foot basis.
The quantity for this bid item may be affected by Clean Sidewalk work.
I. JOINT SEAL, BID ITEM #11 `
At certain locations within the sidewalk zone, large gaps exist between sidewalk
panels that the City has determined could be best repaired by sealing the joints
rather than replacing a sidewalk panel. The Contractor shall supply all material,
labor, and equipment to clean and fill the joints. All work shall be done per
manufacturer and City specifications. Payment for this item will be on a lineal
foot basis.
The quantity for this bid item may be affected by Clean Sidewalk work.
10. CONCRETE SAW DUST CLEAN-UP AND WASHOUTS
Runoff from concrete work and clean-up 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 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
2nd offense $500 fine and court costs
3rd and subsequent offense $750 fine and court costs _
SPECIAL PROVISIONS CONTRACT NO. 931 Page 6 of 8
All concrete wastes shall be deposited into pre-approved waste receptacles.
Waste receptacles may be installed on select City properties to provide a
central location and minimize costs. The locations selected to host the waste
receptacles shall be approved by the City Engineer prior to installation. Upon
completion of construction, the location of the waste receptacles shall be
returned to pre-construction condition.
Earthen pits are not an acceptable waste receptacle.
Wastes from concrete sawing operations shall be swept from the pavement and
properly disposed of upon the completion of concrete sawing operations.
If concrete sawing operations utilize water, the resulting concrete slurry shall
not be allowed to enter into the storm drains. The contractor shall be required
to contain the concrete slurry in such a manner that the slurry does not enter
storm drains and can easily be removed from the pavement. The material
necessary to for compliance of these rules shall be considered incidental to
concrete work.
11. 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 charge will be working days that the Contractor does, or could have worked
from Monday through Saturday. Sundays will be counted only if work is
performed. Partial working days will be considered as a full working day. Days
not chargeable for Liquated 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 approved change/extra work orders
or added quantities to contract bid items.
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 for such work, the Contractor shall submit to the
Engineer a request, in writing, that working days counted towards the project be
suspended until work is resumed the following construction season.
This amount is not construed as a penalty. These damages cover the City's
cost for providing the required inspection, engineering and contract
administration.
SPECIAL PROVISIONS CONTRACT NO. 931 Page 7 of 8
13. 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.
14. VOLUNTARY PARTNERING
The City of Waterloo intends to encourage the formation of a partnership with the contractor and its principal subcontractors. This partnership will be structured to draw
on the strengths of each organization to identify and achieve mutually beneficial goals.
The objectives are effective and efficient contract performance and completion within ._
budget, on schedule, and in accordance with plans and specifications.
This partnership will be multi-lateral in makeup, and participation will be totally
voluntary. Any cost associated with effectuating this partnering will be agreed to by all
parties and will be shared equally by the participating parties.
The establishment of a partnership charter on this project will not change the legal —
relationship of the parties to the contract nor relieve the parties from any of the terms
of the contract.
15. QUANTITY ADJUSTMENTS
The following 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. --
Bid Item Bid Item Description Unit Est. Qty.
No.
5 Patch EACH 49.0
6 Clean Sidewalk EACH 54.0
7 Water Valve Adjustment EACH 28.0
8 Gas Valve Adjustment EACH 1.0
9 Drainage Plate Repair EACH 1.0
10 Saw Cut LF 5.3
11 Joint Seal LF 16.0
SPECIAL PROVISIONS CONTRACT NO. 931 Page 8 of 8
SUPPLEMENTAL GENERAL SPECIFICATIONS FOR CONSTRUCTION
I. 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
immt
Specifications.
b. Inspection of materials and appurtenances to be incorporated in the
"� improvements embraced in this contract may be made at the place of
production, manufacture or shipment, whenever the quantity justifies it,
and such inspection and acceptance, unless otherwise stated in the
Technical Specifications, shall be final, except as regards (1) latent
defects, (2) departures from specific requirements of the contract, (3)
damage or loss in transit, or (4) fraud or such gross mistakes as amount to
fraud. Subject to the requirements contained in the preceding sentence,
the inspection of materials as a whole or in part will be made at the project
site.
4. WARRANTY OF TITLE
No material, supplies, or equipment to be installed or furnished under this contract
shall be purchased subject to any chattel mortgage or under a conditional sale,
lease-purchase or other agreement by which an interest therein or in any part
thereof is retained by the seller or supplier. The contractor shall warrant good
title to all materials, supplies, and equipment installed or incorporated in the work
1 1 SUPPLEMENTAL GENERAL SPECIFICATIONS
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.
bum
luso
SUPPLEMENTAL GENERAL SPECIFICATIONS
FORM OF CONTRACT
CONTRACT FOR THE CONSTRUCTION OF
F.Y. 2018 SIDEWALK REPAIR ASSESSMENT PROGRAM— ZONE 7
CITY OF WATERLOO,IOWA
CONTRACT NO. 931
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 Waterloo,Iowa, (hereinafter
referred to as Contractor),WITNESSETH:
PAR. 1 Contractor agrees to build and construct the
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.
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.
h.
FORM OF CONTRACT PAGE 2 OF 5 PAGES
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.
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.
FORM OF CONTRACT PAGE 3 OF 5 PAGES
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
tam
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.
L
FORM OF CONTRACT PAGE 4 OF 5 PAGES
L
I
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
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:
1. To any extension of time to the Contract in which to perfoiln the Contract.
Performance Bond Page 1 of 2
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
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 Principal entered into a certain
contract with the OWNER, dated the day of
20 , a copy of which is hereto attached and made a part hereof for the construction of:
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 r..
ATTEST: By
Attorney-in-Fact
Witness as to Surety (Address)
(Address)
f..
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.