HomeMy WebLinkAboutPROJECT SPECIFICATIONS ACOM
Project Manual For:
_ F.Y. 2011
Highway 63 South Manhole Rehabilitation
City Contract No. 809
AECOM #60184424.61
Prepared For:
City of Waterloo
715 Mulberry Street
Waterloo, Iowa 50703
Prepared By:
AECOM
501 Sycamore Street, Suite 222
P.O. Box 1497
Waterloo, Iowa 50704-1497
March 2011
I hereby certify that this engineering document was prepared by me or under my
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Pages or sheets covered by this seal:
All Pages
Date Issued:
F.Y. 2011
HIGHWAY 63 SOUTH MANHOLE REHABILITATION
CITY CONTRACT NO. 809
CITY OF WATERLOO, IOWA
Prepared For:
City of Waterloo, Iowa
Prepared By:
AECOM
March 2011
FY 2011
HIGHWAY 63 SOUTH MANHOLE REHABILITATION
_ CITY CONTRACT NO. 809
CITY OF WATERLOO, IOWA
CONTRACT DOCUMENTS
TABLE OF CONTENTS
Page
1. NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS NPHB-1 to NPHB-4
2. INSTRUCTIONS TO BIDDERS IB-1 to IB-10
3. FORM OF BID OR PROPOSAL BF-1 to BF-3
4. SALES TAX EXEMPTION INFORMATION FORM STE-1
5. FORM OF BID BOND BB-1
6. NON-COLLUSION AFFIDAVITS NCA-1 to NCA-2
7. EQUAL OPPORTUNITY CLAUSE EOC-1 to EOC-2
8. RECIPROCAL RESIDENT BIDDER PREFERENCE AND
RESIDENT BIDDER CERTIFICATION RR-1 to RR-2
9. AFFIRMATIVE ACTION PROGRAM 1 to 9
10. POTENTIAL ITEMS OF WORK FOR MBE/WBE PARTICIPATION M-1
SUBCONTRACTOR'S BID REQUEST FORM, M-2
LETTER FORM FOR SUBCONTRACTOR QUOTES, M-3
MBE/WBE SCOPE LETTER, M-4
MBE AND/OR WBE PREBID CONTACT INFORMATION FORM M-5 to M-6
11. CERTIFIED MBE/WBE CONTRACTORS -CITY OF WATERLOO 1-5
— 12. STATEMENT OF BIDDER'S QUALIFICATIONS SQ-1 to SQ-2
13. GENERAL SPECIAL PROVISIONS GSP-1 to GSP-4
14. SPECIAL PROVISIONS SP-1 to SP-2
Section 502 Rehabilitation of Existing Manholes 502-1 to 502-4
Section 503 Class A Crushed Stone 503-1
Section 505 Traffic Control 505-1
Section 01112 Summary of Work 01112-1 to 01112-2
— Section 01316 Engineer's Status During Construction 01316-1 to 01316-5
Section 01340 Submittals 01340-1 to 01340-7
Section 01455 Testing 01455-1 to 01455-2
Section 01788 Project Record Documents 01788-1 to 01788-2
Section 02232 Site Preparation 02232-1 to 02232-2
Section 02316 Trenching, Backfilling and Compacting 02316-1 to 02316-7
Section 02485 Seeding, Mulching and Fertilizer 02485-1
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15. GENERAL SPECIFICATIONS FOR CONSTRUCTION GS-1 to GS-13
16. SUPPLEMENTAL GENERAL SPECIFICATIONS FOR CONSTRUCTION SGS-1
17. FORM OF CONTRACT C-1 to C-4
18. FORM OF PERFORMANCE BOND PFB-1 to PFB-2
19. FORM OF PAYMENT BOND PB-1 to PB-2
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NOTICE OF PUBLIC HEARING
On Proposed Plans, Specifications, Form of Contract,
And Estimate of Cost and the
NOTICE TO BIDDERS
For the Taking of Construction Bids
For the
F.Y. 2011 HIGHWAY 63 SOUTH MANHOLE REHABILITATION
CITY CONTRACT NO. 809
In the City of Waterloo, Iowa
RECEIVING OF BIDS
Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City
Hall of the said City on the day of , 2011, until 4:00 p.m. for the construction of the
F.Y. 2011 HIGHWAY 63 SOUTH MANHOLE REHABILITATION, CITY CONTRACT NO. 809, as
described in detail in the plans and specifications now on file in the Office of the City Clerk.
OPENING OF BIDS
All proposals received will be opened in open Council meeting to be held in the Council Chambers in the
City Hall in the City of Waterloo, Iowa, on the day of , 2011, at 5:30 p.m. , and the
proposals will be acted upon at such later time and place as may then be fixed.
PUBLIC HEARING
Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans,
specifications, form of contract, and estimate of cost for the construction of the above-described
improvement project at 5:30 p.m. on , said hearing to be held in the Council Chambers
in the City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for
said improvements heretofore prepared by AECOM are now on file in the office of the City Clerk for public
examination, and any person interested therein may file written objection thereto with the City Clerk before
the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set
for said hearing, or appear and make objection thereto at the meeting above set forth.
SCOPE OF WORK
'— The extent of the work involved is the construction of manhole repairs including chimney seals and other
incidental items for the F.Y. 2011 HIGHWAY 63 SOUTH MANHOLE REHABILITATION, CITY
CONTRACT NO. 809, City of Waterloo, Iowa.
BEGINNING AND COMPLETION DATES
The work under the proposed contract shall be commenced within ten (10) working days after receipt of
"Notice to Proceed"and all items shall be completed on or before August 30, 2011 .
METHOD OF PAYMENT TO CONTRACTOR
The Contractor will be paid against bi-monthly estimates in cash on the basis of ninety-five percent (95%)
of the work as it is completed and materials delivered and work approved. Final payment will be made
thirty-one (31) days after completion of the work and acceptance by the Council. Before final payment is
made, vouchers showing that all subcontractors and workmen and all persons furnishing materials have
been fully paid for such materials and labor will be required unless the City is satisfied that material, men
and laborers have been paid.
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The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay
estimates, according to Chapter 384.57 of the Code of Iowa, payment may be made by anticipatory
warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A, Code of Iowa.
PLANS AND SPECIFICATIONS
Plans and Specifications governing the construction of the proposed improvements have been prepared
by AECOM, which plans and specifications and also the prior proceedings of the City Council referring to
and defining said proposed improvements are hereby made a part of this notice, and the proposed
contract by reference shall be executed in compliance therewith.
Plans and Specifications are available from the City Engineer upon the City's receipt of a $25.00
refundable deposit. Deposits will be refunded if the plans are returned in usable condition (i.e., free of
highlights, ink markings, tears, stickers, water stains and soiling) to the Engineer's Office by the end of the
14th consecutive day after the project has been awarded. No deposits will be refunded for any plans
received after the 14th consecutive day, which includes plans returned via mail service. Planholders are
responsible for ascertaining when the project has been awarded.
This deposit policy shall also apply to the prime contractor awarded the project for all plans and
specifications obtained and distributed by the prime contractor to their subcontractors and suppliers in
determining the prime contractor's bid, if the prime contractor wishes for their deposit to be returned.
Upon award of project, the prime contractor shall be supplied with the needed number of plans and
specifications at no additional cost.
CONTRACT AWARD
A contract will be awarded to the qualified bidder submitting the lowest bid.
The City reserves the right to reject any or all bids, re-advertise for new bids, and to waive informalities in
the bids submitted that might be in the best interest of the City.
Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty(30) days from the day of
the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders,
-- prior to awarding the contract.
By virtue of statutory authority, a preference will be given to products and provisions grown and coal
_ produced with the State of Iowa and preference will be given to local domestic labor in the construction of
the improvement.
PROPOSALS SUBMITTED
The bidder shall submit bids on the items listed in the proposal. The bidder shall clearly write or type the
unit bid price and the bid item extension (Unit Price x Estimated Qty) in numerals on the blanks provided.
Should there be any discrepancy between the unit bid price and extension, the City of Waterloo shall
consider the unit bid price as being the valid unit bid price.
The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of the Form
of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid
Price, Total Bid Price and Total Bid. The computer-generated spreadsheet shall include all of the
information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime
Contractor submitting the bid. For the bidders who submit a computer-generated spreadsheet, the
TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of
Bid or Proposal.
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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 AND PAYMENT BONDS
The successful bidder will be required to furnish Performance and Payment Bonds within ten (10) days
after forms are presented to him in an amount equal to one hundred percent(100%) of the contract price,
said bonds to be issued by a responsible surety approved by the City Council and shall guarantee the
faithful performance of the contract and the terms and conditions therein contained, and shall guarantee
the prompt payment of all materials and labor and protect and save harmless the City from claims of any
kind caused by the operations of the contractor.
MAINTENANCE BOND
Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall
execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same
to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which
bond is in addition to the bond given by the Contractor to guarantee the completion of the work.
CONTRACT COMPLIANCE PROGRAM /SUBCONTRACTING
The program proposes numerical projections regarding utilization of Minority Business Enterprise (MBE)
and Women Business Enterprise (WBE) as Subcontractors, vendors and suppliers in the performance of
Contracts awarded by the City of Waterloo, Iowa.
A goal of at least ten percent (10%)for MBE participation on all City funded construction projects that are
estimated at $50,000.00 or more. A goal of at least two percent (2%) for WBE participation on all City
funded construction projects that are estimated at $50,000.00 or more. Any project funded in part or in
total with federal funds shall follow the respective agencies contract compliance program and goals. The
Prime Contractor shall make "good-faith efforts" to meet the Contract Compliance MBEIWBE 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.
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Working days will cease to be charged when only punch list items remain to be completed. Punch list
items do not include contract bid items or approved change/extra work orders.
When the Contractor believes the project to be substantially completed, a written notice stating the same
shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract
extends beyond the normal construction season for such work the Contractor shall submit to the Engineer
in writing a request that working days counted toward the project be suspended until work is resumed the
following construction season.
This amount is not construed as a penalty. These damages are for the cost to the City of providing the
required additional inspection, engineering and contract administration.
PRE-CONSTRUCTION CONFERENCE
Before the work is commenced on this contract, a conference shall be held for the purpose of discussing
the contract. The conference shall be attended by the prime contractor, subcontractors and City Officials.
RECIPROCAL RESIDENT BIDDER PREFERENCE
Attention of bidders is called to the requirement of complying with the provisions of the Reciprocal
Resident Bidder Preference requirement.
Each bidder submitting a bid shall execute and include with the bid, a Resident Bidder Certification in the
form herein provided, to the effect that he will not have as employees, Illinois laborers on the work site.
SALES TAX EXEMPTION CERTIFICATES
Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to
purchase building materials or supplies in the performance of construction contracts let by the City of
Waterloo.
Published pursuant to the provisions of Chapter 26 of the Code of Iowa and upon order to the City Council
of said Waterloo, Iowa, on the day of , 2011.
CITY OF WATERLOO, IOWA
BY:
Suzy Shares
City Clerk
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INSTRUCTIONS TO BIDDERS
1. EXPLANATIONS TO BIDDERS
Any explanation desired by a bidder regarding the meaning or interpretation of the Notice to
Bidders, Plans, Specifications, etc., must be requested in writing and with sufficient time allowed
for a reply to reach bidders before submission of their bids. Any interpretation made will be in the
form of an amendment of the Notice to Bidders, Plans, Specifications, etc., and will be furnished
to all prospective bidders. Its receipt by the bidder must be acknowledged in the space provided
on the Proposal Form or by letter or telegram received before the time set for opening of bids.
Oral explanations or instructions given before the award of the contract will not be binding.
2. EXAMINATION OF PROPOSED WORK
Bidders should visit the site and take such other steps as may be reasonably necessary to
ascertain the nature and location of the work, and the general and local conditions which can
affect the work or the cost thereof. Failure to do so will not relieve bidders from responsibility for
estimating properly the difficulty or cost of successfully performing the work. The owner will
assume no responsibility for any understanding or representation concerning conditions made by
any of its officers or agents prior to the execution of the contract, unless included in the Notice to
Bidders, the Specifications or related documents.
3. PREPARATION OF BIDS
a. Bids shall be submitted on the forms furnished, or copies thereof, and must be manually
signed. If erasures or other changes appear on the forms, each erasure or change must
be initialed by the person signing the bid.
The bidder has the option to submit a computer-generated spreadsheet in lieu of the
portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description,
Unit, Estimated Quantity, Unit Bid Price, Total Bid Price, and Total Bid. The computer-
generated spreadsheet shall include all of the information listed in that portion of the
Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting
the bid. For the bidders who submit a computer-generated spread- sheet, the TOTAL
BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the
Form of Bid or Proposal.
b. The Bid Form may provide for submission of a price or prices for one or more items,
which may be lump sum bids, alternate prices, schedule items resulting in a bid on a unit
of construction or a combination thereof, etc. When the Bid Form explicitly requires that
the bidder bid on all items, failure to do so will disqualify the bid. When submission of a
price on all items is not required, bidders should insert the words "no bid" in the space
provided for any item on which no price is submitted.
c. Unless called for, alternate bids will not be considered.
d. Modifications of bids already submitted will be considered if received at the office
designated in the Notice to Bidders by the time set for closing of bids. Telegraphic
modifications will be considered, but should not reveal the amount of the original or
revised bid.
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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.
4. SUBMISSION OF BIDS
a. A bid must be sealed in a separate envelope and marked to indicate its contents
and be accompanied by the bid security in a separate envelope. If forwarded by
— mail, the two envelopes shall be placed in a third and mailed to the City
Clerk/Auditor. All bids must be filed with the City Clerk/Auditor of the City of
Waterloo at his office in the City Hall before the time specified for closing bids.
b. Bids received prior to the advertised hour of opening will be securely kept sealed. The
officer whose duty it is to open them will decide when the specified time has arrived, and
no bid received thereafter will be considered; except that when a bid arrives by mail after
the time fixed for opening, but before the reading of all other bids is completed, and it is
shown to the satisfaction of the City of Waterloo, Iowa, that the non-arrival on time was
due solely to delay in the mails for which the bidder was not responsible, such bid will be
received and considered.
c. Bidders are cautioned that, while telegraphic modifications of bids may be received as
provided above, such modifications, if not explicit and if in any sense subject to
misinterpretation, shall make the bid so modified or amended, subject to rejection.
5. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS
Bids and modifications or withdrawals thereof received at the office designated in the Notice to
Bidders after the exact time set for closing of bids will not be considered. However, a
modification which is received from an otherwise successful bidder, and which makes the terms
of the bid more favorable to the City of Waterloo, will be considered at any time it is received and
may therefore be accepted. Bids may be withdrawn by written or telegraphic request received
from bidders prior to the time set for closing of bids.
6. PUBLIC OPENING OF BIDS
Bids will be publicly opened at that time and place set for opening in the Notice to Bidders. Their
content will be made public for the information of bidders and others interested who may be
present either in person or by representative.
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7. BID SECURITY REQUIRED
All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on
an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft
drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond (on
the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than
five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will
be held as security that the Bidder will enter into a Contract for the construction of the work and
will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into
the Contract and furnish the required bond, his bid security may be retained by said City as
agreed upon liquidated damages. If bid bond is used, it must be signed by both the bidder and
the surety or surety's agent. Signature of surety's agent must be supported by accompanying
Power of Attorney.
8. COLLUSIVE AGREEMENTS
a. Each bidder submitting a bid shall execute and include with the bid, a Non-Collusion
Affidavit in the form herein provided, to the effect that he as not colluded with any other
person, firm, or corporation in regard to any bid submitted.
b. Each bidder submitting a bid shall have each proposed subcontractor, if any, execute and
submit to the City Contract Compliance Officer by 5:00 P.M. the business day following
the day bids on this project are due, a Non-Collusion Affidavit in the form herein provided,
.— to the effect that he has not colluded with any other person, firm, or corporation in regard
to any bid submitted. Before executing any subcontract, the successful bidder shall
submit the name of any proposed subcontractor for approval by the City.
9. MINORITY AND/OR WOMEN BUSINESS ENTERPRISE SUBCONTRACTORS
a. CITY OF WATERLOO AND/OR WOMEN BUSINESS ENTERPRISE PRE-BID
CONTACT INFORMATION FORM
The City of Waterloo Minority and/or Women Business Enterprise Pre-Bid Contact
Information Form shall be submitted with the Form of Bid or Proposal. Failure to do so
shall be grounds for the bid being rejected if subcontracting is proposed by the prime
contractor.
10. MBE/WBE CONTRACT COMPLIANCE PROGRAM
PURPOSE
The purpose of the Contract Compliance Program (hereinafter called Program) is to act
as an impetus for increasing the participation of minority and women disadvantaged
business enterprise(MBE/WBE) in City awarded construction contracts.
The Program does not propose to eliminate any bonafide contractor or subcontractor
from bidding on City contracts, but it will hopefully serve as a needed stimulus to help
local MBE/WBE's grow and eventually become mainstream contractors and
subcontractors.
This Contract Compliance Program does not propose to include any set-aside or quotas,
but only flexible goals where "good-faith efforts" are required by the contractor to use
MBE/WBE subcontractors.
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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
60-2.30, specifically prohibit discrimination and the use of goals as quotas. (U.S.
Department of Labor)
Set-Aside:
An arrangement in which a particular contract is reserved for competition solely among
minority and women business enterprises.
Contractor:
As used in this document means contractor, subcontractor, supplier, vendor, and
professional service provider.
Minority Business Enterprise (MBE)
Any business, which is at least 51%, owned by one or more minorities and whose
management and daily business operations are controlled by one or more such
individuals and is on the current State Unified Certification List, or were listed on the City
of Waterloo Certified MBE/WBE Contractors list as of July 1, 2002
Women Business Enterprise (WBE):
Any business which is at least 51% owned by one or more women and whose
management and daily business operations are controlled by one or more such
individuals and is on the current State Unified Certification List, or were listed on the City
of Waterloo Certified MBE/WBE Contractors list as of July 1, 2002
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Minority:
Any person or persons who are considered as socially and economically disadvantaged
because of their identity as a group member without regard to their individual qualities.
The groups include: Black American, Hispanic American, Native Americans, Eskimos,
Aleuts, and Asian-Pacific Americans. 13 C.F.R. 124-1.1(c)(3)(ii)(1983).
Lowest Responsible Bidder:
Bidder who has offered the lowest bid and who has exhibited skill relative to the type of
work bid on, judgment, financial responsibility, and evidence of working with the
Affirmative Action Employment Program and the Contract Compliance Program.
Broker:
— One buying or selling for others on commission or other fee basis without maintaining a
warehouse or other similar inventory storage facility.
Mayor's Advisory Committee:
Mayor's Advisory Committee for Minority, Female, and Disadvantaged Business
Enterprise.
Good Faith Efforts:
The successful bidder shall be selected on the basis of having submitted the lowest
responsible bid. The obligation of the bidder is to make good faith efforts. The bidder can
demonstrate that it has done so by the following:
1. The Prime Contractor met the project goal - No Action necessary
_ 2. If the Prime Contractor failed to meet the goal, they must submit documentation
of good faith efforts.
CONTRACT COMPLIANCE PROGRAM SUBCONTRACTING
The program proposes numerical projections or goals regarding utilization of Minority
Business Enterprise (MBE) and Women Business Enterprise (WBE) as subcontractors in
the performance of contracts awarded by the City of Waterloo, Iowa.
A goal of at least 10% for MBE participation on all City funded construction projects that
are estimated at $50,000 or more and projects under $50,000 where applicable at the
— Contract Compliance Officer's discretion. There is at least 2% WBE goal on City funded
projects. Any project which is funded solely or in part with Federal funds shall follow the
respective agencies_contract compliance program and goals. Any project which is funded
solely or in part with State funds shall follow the respective agencies contract compliance
program and goals. The City of Waterloo Contract Compliance Program is for City
awarded construction contracts only. The prime contractor shall make "good-faith efforts"
to meet the Contract Compliance MBENVBE goals. The MBENVBE 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.
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Administrative Reconsideration:
As part of this reconsideration, the bidder will have the opportunity to provide written
documentation or arguments concerning the issue of whether they made adequate good
faith efforts to meet the goals. The bidder will have the opportunity to meet in person with
_ the City of Waterloo's Administrative Reconsideration Committee to discuss the issue of
whether they made adequate good faith efforts. The Administrative Reconsideration
Committee will forward a written decision on reconsideration to the Mayor and City
Council, explaining the basis for finding that the bidder did or did not meet the goal or
make adequate good faith efforts to do so.
Documentation required will include but is not limited to the following:
Making portions of the work available for MBE/WBE subcontracting
Evidence of negotiating with MBE/WBE firms
• MBE/WBE quotes obtained and non-MBE/WBE quotes used
Reasons agreements were not reached
• Follow-up after initial solicitations
• Efforts to assist in obtaining equipment, supplies and materials (at competitive
prices), bonding, lines of credit, insurance, etc.
Evidence of past compliance or non-compliance by same contractor
The Contract Compliance Officer will determine the weight to be given to each item listed
— above(supported by appropriate documentation) based on overall program goals.
RESPONSIBILITIES
I. City of Waterloo
A. The City Contract Compliance Officer has the responsibility to assure the City's
compliance with Federal, State and Municipal regulations.
B. The City Contract Compliance Officer is responsible for maintaining a current
directory of certified firms. Certification of MBE/WBE/DBE contractors is through
the Iowa Department of Transportation and its Unified Certification Program.
Only firms certified based on guidelines prescribed in 49 CFR Part 26 and
provisions of this agreement, shall be recognized as certified by the City of
Waterloo.
C. The City Contract Compliance Officer is responsible for making available a list of
future project information notices to MBE/WBE firms.
D. The City Contract Compliance Officer shall send notices to appropriate
MBE/WBE firms in the directory of each bid solicitation with opening date.
E. The City Contract Compliance Officer will receive MBE/WBE Letter(s) of Intent to
Bid and within two (2) business days forward the complete list of MBE/WBE
bidders who submitted a Letter of Intent to Bid to prime contractors.
II. 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:
IB-6 Hwy63MHRehab-113632(60184424.61)
A. Prime contractors shall send solicitation letters (Form CCO-3) to appropriate
MBE/WBE (those certified in directory prepared by City Contract Compliance
Officer) at least seven (7) working days prior to bid date. Letters should identify
specific items to be subcontracted. A minimum of three (3) disadvantaged
business contacts must be made and documented, if there are at least three
— disadvantaged businesses offering services in the area to be subcontracted (See
City of Waterloo MBE/WBE Certification List). If less than three (3) are offering
the services to be subcontracted, then a contact is required for any that are listed
as providing that service. If the Prime Contractor submits a MBE/WBE contact
-- not on the City's MBE/WBE list, attach a copy of the MBE/WBE/DBE
Certifications from another government agency.
B. If a prime contract bidder is unable to identify MBE/WBE firms to perform
portions of the work, the City Contract Compliance Officer should be contacted
for assistance immediately.
— C. Prime contract bidders may solicit MBE/WBE proposals by telephone or personal
interviews, but all such contacts shall be confirmed by Certified Mail, or
subcontract bid request forms (Form CCO-2).
D. If any MBE/WBE business submitting bids is not selected for subcontract award,
documentation must accompany the "MBENVBE 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
MBENVBE 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.
lll. MBE/WBE Firms
A. MBE/WBE firms shall be certified by the Iowa Department of Transportation as
owners and controllers of their respective businesses, or were listed on the City
of Waterloo Certified MBE/WBE Contractors list as of July 1, 2002.
B. MBENVBE firms must perform the work on the project; they cannot act as a
broker by subcontracting the work out to others.
C. Each MBENVBE firm planning to submit quotes on construction projects with
goals, shall submit a Letter of Intent to Bid (Form CCO-5) to the City Contract
Compliance Officer seven (7) working days prior to bid opening, listing specific
"- items which the MBE/WBE firm is interested in bidding. If sufficient Letters of
Intent to Bid are not received by the City Contract Compliance Officer seven (7)
working days prior to bid opening, goals on subject project will be reduced
accordingly. Agreements between the bidder/proposer and a MBE/WBE in which
the MBENVBE promises not to provide subcontracting quotations to other
bidders/proposers are prohibited.
IB-7 Hwy63 M H Rehab-113632(60184424.61)
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 securing lower income
workers living in the project area and in purchasing supplies from, and awarding subcontracts to,
businesses owned by persons residing in the project area.
12. STATEMENT OF BIDDER'S QUALIFICATIONS
Each bidder shall, upon request of the City of Waterloo, Iowa, submit on the form furnished for
that purpose (a copy of which is included in the contract documents), a statement of bidder's
qualifications, his experience record in constructing the type of improvements embraced, and his
organization and equipment available for the work contemplated; and, when specifically
requested, a detailed financial statement. The City of Waterloo, Iowa, shall have the right to take
such steps as it deems necessary to determine the ability of the bidder to perform his obligations
-- under the contract, and the bidder shall furnish the City of Waterloo, Iowa, all such information
and data for this purpose as it may request. The right is reserved to reject any bid where an
investigation of the available evidence or information does not satisfy the City of Waterloo, Iowa,
that the bidder is qualified to carry out properly the terms of the contract.
IB-8 Hwy63MHRehab-113632(60184424.61)
13. AWARD OF CONTRACT
a. Award of contract will be made to that responsive and responsible bidder whose bid,
conforming to the Specifications, is most advantageous to the City of Waterloo; price and
other factors considered. The intention is to award the contract at any time of opening
bids, but the right is reserved to postpone such action for a reasonable time, not
exceeding thirty(30) days.
b. The City Council may, when in its interest, reject any or all bids or waive any informality in
bids received.
c. The bidder shall submit bids on all the items listed in the proposal and shall state the unit
bid price in words in the blank spaces provided beneath the item description. Should
there be any discrepancy between the unit bid price in words and listed numeral unit bid
price, the City of Waterloo shall consider the unit bid price in words as being the valid unit
bid price. A computer-generated spreadsheet as herein provided shall also be
acceptable. Proposals requiring mathematical computations to determine unit prices or
totals will be rejected. A contract will be awarded to the qualified bidder submitting the
lowest total bid as indicated in the NOTICE TO BIDDERS.
14. EXECUTION OF AGREEMENT, BONDS, AND CERTIFICATE OF INSURANCE
a. Subsequent to the award and within ten (10) days after the prescribed forms are
presented for signature, the successful bidder shall execute and deliver to the City of
Waterloo, Iowa, an agreement in the form included in the contract documents in such
number of copies as the City of Waterloo, Iowa, may require.
b. Having satisfied all conditions of award as set forth elsewhere in these documents, the
successful bidder shall, within the period specified in paragraph "a" above, furnish a
surety bond and a payment bond in a penal sum not less than the amount of the contract
as awarded, as security for the faithful performance of the contract and terms and
conditions therein contained and shall guarantee the prompt payment of all persons,
firms, or corporations to whom the contractor may become legally indebted for labor,
materials, tools, equipment, or services of any nature including utility and transportation
—' services, employed or used by him in performing the work. The bonds shall protect and
save harmless the City from claims and damages of any kind caused by the operations of
the contractor and shall also guarantee the maintenance of the contract improvements for
the period stated in the Notice of Hearing from and after completion of said improvements
and their acceptance by the City. Such bonds shall be in the same form as that included
in the contract documents and shall bear the same date as, or a date subsequent to that
of the agreement. The current Power of Attorney for the person who signs for any surety
'— company shall be attached to such bonds.
c. The successful bidder shall, within the period specified in paragraph "a" above, furnish a
certificate of insurance for approval in amounts of not less than the amounts specified in
the General Specifications for Construction, Section F. No. 4 "Liability Insurance," Pages
GS-10 to GS-11. The certificate of insurance shall be furnished in such number of copies
as the City of Waterloo may require. The City of Waterloo shall be named as an
"Additional Insured." The contractor shall similarly submit his subcontractor's certificates
of insurance in the amounts for approval before each commences work. The contractor
shall carry or require that there be Workmen's Compensation Insurance for all his
employees and those of his subcontractors engaged in work at the site, in accordance
with State Workmen's Compensation Laws.
IB-9 Hwy63MHRehab-113632(60184424.61)
d. The failure of the successful bidder to execute such agreement and to supply the
required bond or bonds within ten (10) days after the prescribed forms are presented for
-- signature, or within such extended period as the City of Waterloo, Iowa, may grant, based
upon reasons determined sufficient by the City of Waterloo, Iowa, may either award the
contract to the next lowest bidder or re-advertise for bids, and may charge against the
bidder the difference between the amount of the bid an the amount for which a contract
for the work is subsequently executed, irrespective of whether the amount thus due
exceeds the amount of the bid guaranty. If a more favorable bid is received by re-
advertising, the defaulting bidder shall have no claim against the City of Waterloo, Iowa,
— fora refund.
15. RECIPROCAL RESIDENT BIDDER PREFERENCE
Attention of bidders is called to the requirement of complying with the provisions of the Reciprocal
Resident Bidder Preference requirement.
— Each bidder submitting a bid shall execute and include with the bid, a Resident Bidder
Certification in the form herein provided, to the effect that he will not have as employees, Illinois
laborers on the work site.
IB-10 Hwy63MHRehab-113632(60184424.61)
FORM OF BID OR PROPOSAL
F.Y.2011 HIGHWAY 63 SOUTH MANHOLE REHABILITATION
CITY CONTRACT NO. 809
CITY OF WATERLOO, IOWA
Honorable Mayor and City Council
Waterloo, Iowa
Gentlemen:
1. The undersigned, being a Corporation existing under the laws of the State of
, a Partnership consisting of the following partners:
, having familiarized (himself) (themselves)(itself)
with the existing conditions on the project area affecting the cost of the work, and with all the contract
documents listed in the Table of Contents and Addenda(if any), as prepared by AECOM now on file
in the office of the City Clerk, City Hall, Waterloo, Iowa, hereby proposes to furnish all supervision,
technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services,
including utility and transportation services required to construct and complete this F.Y. 2011
HIGHWAY 63 SOUTH MANHOLE REHABILITATION, CITY CONTRACT NO. 809, 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. 2011
HIGHWAY 63 SOUTH MANHOLE REHABILITATION
CITY CONTRACT NO. 809
TOTAL
ITEM ESTIMATED UNIT BID
NO. ITEM DESCRIPTION UNIT QUANTITY PRICE TOTAL BID PRICE
1 Manhole Cone Replacement Each 7.0 $ $
2 Add 24-Inch Barrel Section to Manhole Each 22.0 $ $
3 Add 36-Inch Barrel Section to Manhole Each 5.0 $ $
4 Add Adjusting Ring Each 25.0 $ $
Internal Chimney Seal Less Than or Equal
5 to 12-In. Each 66.0 $ $
6 Internal Chimney Seal Greater Than 12-In. Each 15.0 $ $
7 32-In. Internal Chimney Seal Each 1.0 $ $
8 54-In. Internal Chimney Seal Each 1.0 $ $
9 Manhole Lid Gasket Each 84.0 $ $
10 Manhole Inflow Dish Each 36.0 $ $
11 9-In.Thick Crushed Stone Base SY 150.0 $ $
12 Stabilization Mix Fertilizin and Seeding Acre 0.5 $ $
13 Rural Mix Fertilizing . . Seeding Acre 0.5 $ $
14 Mulching Acre 1.0 $ $
-- BF-1 Hwy63MHRehab-113631(60184424.61)
TOTAL
ITEM ESTIMATED UNIT BID
NO. ITEM DESCRIPTION UNIT QUANTITY PRICE TOTAL BID PRICE
15 Traffic Control LS 1.0 $ $
TOTAL AMOUNT $
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.
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 subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer
cannot be changed except for the following reasons:
1) The City of Waterloo does not approve the subcontractors.
2) The subcontractors submit in writing that they cannot fulfill their subcontracts.
BF-2 Hwy63MHRehab-113631(60184424.61)
11. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none"
or"NA".
_ 12. The bidder has attached all applicable forms.
13. The Owner reserves the right to select alternates, delete line items, and/or to reduce quantities prior
to the award of a contract due to budgetary limitations.
(Name of Bidder) (Date)
BY: Title
Official Address: (Including Zip Code):
I.R.S. No.
BF-3 Hwy63MHRehab-113631(60184424.61)
CITY OF WATERLOO, IOWA
if Fa r r
f WATERLOO ENGINEERING DEPARTMENT
� 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4312 Fax (319) 291-4262
��rtoo‘4) ERIC THORSON,P E • City Engineer
Mayor INFORMATION NEEDED
ERNEST G.
CLARK FOR
IOWA CONSTRUCTION SALES TAX EXEMPTION CERTIFICATE
COUNCIL
MEMBERS CONTRACTOR NAME:
DAVID
JONES ADDRESS:
Ward 1
CAROLYN
COLE
Ward 2
HAROLD (Check One) PRIME: SUBCONTRACTOR:
GETTY
Ward 3
QUENTIN FEDERAL ID#:
HART
Ward 4
RON PROJECT NAME:
WEEPER
Ward 5
BOB DESCRIPTION OF WORK:
GREENWOOD
At-Large
❑ Brickwork ❑ Landscaping
STEVEN
SCHMITT ❑ Carpentry ❑ Painting
At-Large
❑ Concrete ❑ Paving
❑ Drywall-Plaster-Insulation ❑ Plumbing
❑ Electrical ❑ Roofing-Siding-Sheet Metal
❑ Excavation/Grading ❑ Windows
❑ Flooring ❑ Wrecking-Demolition
❑ Heavy Construction ❑ Other (Please Specify)
❑ Heating-Ventilating-Air Cond. ❑
WE'RE WORKING FOR YOU!
An Equal Opportunity/Affirmative Action Employer
STE-1 Hwy63MHRehab-113632(60184424.61)
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we,
as Principal, and
as Surety are held and firmly bound unto the CITY OF WATERLOO , Iowa,
hereinafter called "OWNER," in the penal sum
Dollars ($ ) lawful money of the United States, for the payment of which
sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors,
jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the
Principal has submitted the accompanying bid dated the day of
, 2011, for
—` NOW, THEREFORE,
(a) If said Bid shall be rejected, or in the alternate,
(b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified
and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons
performing labor or furnishing materials in connection therewith, and shall in all other respects perform the
agreement created by the acceptance of said Bid,
Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly
understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event,
exceed the penal amount of this obligation as herein stated.
By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation
of damages sustained in the event that the Principal fails to execute the contract and provide the bond as
provided in the specifications or by law.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its
bond shall be in no way impaired or affected by any extension of the time within which the Owner may
accept such Bid or execute such contract; and said Surety does hereby waive notice of any such
extension.
IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and
such of them as are corporations, have caused their corporate seals to be hereto affixed and these
presents to be signed by their proper officers this day of , A.D. 2011.
(Seal)
Principal
By
(Title)
(Seal)
Witness Surety
By
Witness Attorney-in-fact
BB-1 Hwy63MHRehab-113632(60184424.61)
NON-COLLUSION AFFIDAVIT OF PRIME BIDDER
State of
)ss
County of
, being first duly sworn, deposes and says that:
1. He is (Owner, Partner, Officer, Representative, or Agent) , of
, the Bidder that has submitted the attached Bid;
2. He is fully informed respecting the preparation and contents of the attached Bid and of all
pertinent circumstances respecting such Bid;
3. Such Bid is genuine and is not a collusive or sham Bid;
4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives,
employees, or parties in interest, including this affiant, has in any way colluded, conspired,
connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a
collusive or sham Bid in connection with the Contract for which the attached Bid has been
submitted or to refrain from bidding in connection with such Contract, or has in any manner,
directly or indirectly, sought by agreement or collusion or communication or conference with any
other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or,
to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to
secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage
against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and
5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its
agents, representatives, owners, employees, or parties in interest, including this affiant.
(Signed)
Title
Subscribed and sworn to before me this day of
, 2011.
Title
My commission expires
NCA-1 Hwy63MHRehab-113632(60184424.61)
NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR
State of
)ss
County of )
, being first duly sworn, deposes and says that:
1. He is (Owner, Partner, Officer, Representative, or Agent) , of
hereinafter referred to as the "Subcontractor;"
2. He is fully informed respecting the preparation and contents of the subcontractor's proposal
submitted by the subcontractor to
, contract pertaining to the
project in ;
-- (City or County and State)
3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal:
4. Neither the subcontractor nor any of its officers, partners, owners, agents, representatives,
employees, or parties in interest, including this affiant, has in any way colluded, conspired,
connived, or agreed, directly or indirectly, with any other bidder, firm or person to submit a
collusive or sham proposal in connection with such contract or to refrain from submitting a
proposal in connection with such contract, or has in any manner, directly or indirectly, sought by
unlawful agreement or connivance with any other bidder, firm or person to fix the price or prices in
said subcontractor's proposal, or to fix any overhead, profit or cost element of the price of prices
in said subcontractor's proposal, or to secure through collusion, conspiracy, connivance or
unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in
the proposed contract; and
5. The price or prices quoted in the subcontractor's proposal are fair and proper and are not tainted
by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of
its agents, representatives, owners, employees, or parties in interest, including this affiant.
(Signed)
Title
Subscribed and sworn to before me this day of
, 2011.
Title
My commission expires
NCA-2 Hwy63MHRehab-113632(60184424.61)
EQUAL OPPORTUNITY CLAUSE
(As provided in Executive Order No. 11246)
All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City
and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as
follows:
1. The contractors, subcontractor, vendor and supplier of goods and services will not discriminate
against any employee or applicant for employment because of race, color, creed, sex, national
origin, economic status, age, mental or physical handicap, political opinions or affiliations. The
contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to
ensure that applicants are employed and that employees are treated during employment without
regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or
physical disability, political opinions or affiliations. Such actions shall include but not be limited to
the following:
a. Employment
b. Upgrading
c. Demotion or Transfer
d. Recruitment and Advertising
e. Layoff or Termination
f. Rates of Pay or Other Forms of Compensation
g. Selection for Training Including Apprenticeship
2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or
advertisements for employees, state that all qualified applicants will receive consideration for
employment without regard to race, creed, color, sex, national origin, religion, economic status,
age, mental or physical disabilities, political opinion or affiliations.
3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative
will send to each labor union or representative of workers which he/she has a collective bargaining
agreement or other contract or understanding, a notice advising said labor union or workers'
representative of the contractor's commitment under this section.
4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all
published rules, regulations, directives, and order of the City of Waterloo Affirmative Action
Program Contract Compliance Provisions.
5. The contractor, subcontractor, vendor and supplier of goods and services will furnish and file
compliance reports within such time and upon such forms as provided by the Affirmative Action
Officer. Said forms will elicit information as to the policies, procedures, patterns, and practices of
each subcontractor as well as the contractor himself/herself and said contractor, subcontractor,
vendor and supplier will permit access to his/her employment books, records and accounts to the
City's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this
contract 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.
EOC-1 Hwy63MHRehab-113632(60184424.61)
7. The contractor, subcontractor, vendor and supplier of goods and services will include, or
incorporate by reference, the provisions of the non-discrimination clause in every contract,
-- subcontract or purchase order unless exempted by the rules, regulations or orders of the City's
Affirmative Action Program, and will provide in every subcontract, or purchase order that said
provisions will be binding upon each contractor, subcontractor, or supplier.
8. We, the undersigned, recognize that we are morally and legally committed to non-discrimination in
employment. Any person who applies for employment with our company will not be discriminated
against because of race, creed, color, sex, national origin, economic status, age, mental or
-- physical disabilities.
(Signed)
(Appropriate Official)
(Title)
(Date)
EOC-2 Hwy63MHRehab-113632(60184424.61)
RECIPROCAL RESIDENT BIDDER PREFERENCE
In response to Illinois' law concerning resident preference and in accordance with Section 73A.21 of the
— Iowa Code, all non-federal-aid public improvement projects, which include road construction, shall be
performed by a qualified resident bidder. The resident bidder has been further defined as follows:
To be a qualified resident bidder, the person, corporation, partnership, or firm shall not
have, as employees, Illinois laborers on the work site of a non-federal-aid project within
Iowa. An Illinois laborer is any person who has resided in Illinois for at least 30 days and
intends to become or remain an Illinois resident. This applies to all labor on the project,
— whether skilled, semi-skilled, or unskilled; whether manual or non-manual. This also
applies to work subcontracted by or to the resident bidder on a non-federal-aid project
within Iowa. The resident bidder may place on such work no more than three residents of
Illinois who are his regularly employed executive and technical experts.
As noted, this definition gives a preference as to whom the contractors or subcontractors can employ.
The contractor shall provide the City with a certification that he is a qualified resident bidder according to
the above definition. The Certification shall be submitted with the contractor's bid. A copy of the form of
"Resident Bidder Certification" is included in the Contract Documents. If it is determined that the
contractor does not meet this qualification after he begins work, a shutdown notice shall be issued and the
voiding of the contract shall begin unless the contractor becomes qualified.
DJG/cs
01/13/97
RR-1 Hwy63MHRehab-113632(60184424.61)
RESIDENT BIDDER CERTIFICATION
CONTRACT NO:
PROJECT NAME:
DATE OF LETTING:
To be a qualified resident bidder, the person, corporation, partnership, or firm shall not have, as
employees, Illinois laborers on the work site of a non-federal-aid project within Iowa. An Illinois laborer is
any person who has resided in Illinois for at least 30 days and intends to become or remain an Illinois
resident. This applies to all labor on the project, whether skilled, semi-skilled, or unskilled, whether
manual or non-manual. This also applies to work subcontracted by or to the resident bidder on a non-
federal-aid project within Iowa. The resident bidder may place on such work no more than three residents
of Illinois who are his regularly employed executive and technical experts.
This qualification as resident bidder shall be maintained by the contractor and his subcontractors at the
— work site until this project is completed.
I hereby certify that no Illinois resident laborer as defined above will be employed at the work site during
the contract period from the start of the project until its completion.
COMPANY NAME
CORPORATE OFFICER
TITLE
DATE
RR-2 Hwy63MHRehab-113632(60184424.61)
Revised February 2003
CONTRACTOR'S OR SUBCONTRACTOR'S AFFIRMATIVE ACTION PROGRAM
Check box that applies to party completing program:
( ) General Contractor
( ) Subcontractor
I. Section A to be completed by GENERAL CONTRACTORS only:
A.
-
Name of Company
Address of Company Zip
Telephone Number(
Federal ID Number(if no Federal ID Number, Owner/President's Social Security Number)
Name of Equal Employment Officer
Name of Project
Project Contract Number
Estimated Construction Work Dates /
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 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.
_` -2-
III. AFFIRMATIVE ACTION
A. recognizes that the
(Name of Company)
effective application of a policy of merit employment involves more than just a policy
statement, and
(Name of Company)
will, therefore, re-evaluate our Affirmative Action Program to ensure that equal
employment opportunities are available on the basis of individual merit, and to actively
encourage minorities, women and local residents to seek employment with our company
on this basis.
_ B. will undertake the
(Name of Company)
following six (6) steps to improve our Affirmative Action Program:
1. Minority Recruitment and Employment;
2. Local Recruitment and Employment;
3. Disabled Veteran and Vietnam Era Veteran Recruitment and Employment;
4. Handicapped Recruitment and Employment;
5. Female Recruitment and Employment; and
6. Training, Upgrading and Promotional Opportunities.
C. will take
(Name of Company)
whatever steps are necessary to ensure that our total work force has adequate minority,
female, and local representation. We will utilize the following methods in our recruitment
attempts:
1. Local advertising media (newspapers, radio, TV);
2. Community organizations (churches, clubs, schools);
3. Public and private institutions in the area (UNI, Hawkeye Community College);
4. Job Service of Iowa; and
5. Other.
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.
-3-
H. has taken the following
(Name of Company)
— Affirmative Action to ensure that minority, female, local contractors and/or suppliers were
provided opportunities to negotiate and/or bid on this project: (if none, write"NONE")
1.
2.
I. As a result of the above efforts, we have involved minority, female, and local contractors
and/or suppliers in the following areas of subcontracting: (if none,write "NONE")
1.
2.
J. will require approved
(Name of Company)
Affirmative Action Programs from all nonexempt contractors who propose to work on this
project and will take whatever steps are necessary to ensure that non-minority contractors
have adequate representation of minority, female and local persons in their total work
force.
_ K. In further accordance with rules and guidelines issued pursuant to Executive Order 11246
as amended, we establish the goals for our company, based on parity percentages
supplied by the City, and we realize these goals will be reviewed on an annual basis.
L. will keep records of
(Name of Company)
specific actions relative to recruitment, employment, training, upgrading and promotion
— and will provide the City of Waterloo with any information relative to same, including
activities of our SUBCONTRACTORS and suppliers as necessary or when requested.
M. Parity figures for companies located in Waterloo are as follows:
Minority Parity= .08 (8%)
— N. Affirmative Action
(Name of Company)
Employment Goals:
The definition of Affirmative Action Goals is as follows: "Goals may not be rigid and
inflexible quotas which must be met, but must be targets, reasonably attainable by means
of applying every good faith effort to make all aspects of the entire Affirmative Action
Program work."
For the year 200... , please submit percentage targets for employing minorities and
women. If you already have reached your target for hiring minorities and women, please
— submit that percentage.
*Goals for Minorities:
Goals for Women: %
*Your affirmative action goals should be between 1% and 10% or more for minorities and
1% and 5% or more for women.
-4-
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 200a. Note, that
none of the goals are rigid or inflexible. They are targets that your company calculates as
reasonably attainable. This will help the City in its monitoring procedures as required by
City of Waterloo Resolution No. 1984-142(4).
-5-
CONTRACTOR'S TOTAL WORK FORCE
(WATERLOO)
HOURLY
NAME AND ADDRESS JOB CATEGORY RACE SEX WAGE
INDICATE: DISABLED VETERAN: DV
VIETNAM ERA VETERAN: VV
HANDICAPPED: H
-6-
We hereby certify that we are in compliance with all City and Federal Affirmative Action
Regulations and agree to accept all liability for failure to comply.
Respectfully submitted,
By:
Company Executive
Date
By:
Equal Employment
Opportunity Officer
Date
City of Waterloo Affirmative Action Officer
Approved
Disapproved Reason:
By:
Date:
- -7-
DESCRIPTION OF JOB CATEGORIES
1. Officials/Manager: Occupations in which employees set broad policies, exercise overall
responsibility for execution of all policies, or direct individual departments or special phases of the
agency's operations or provide specialized consultation on a regional, district or area basis.
Includes: department heads, bureau chiefs, division chiefs, directors, deputy directors,
controllers, examiners, wardens, superintendents, unit supervisors, sheriffs, police and fire chiefs
and inspectors and kindred workers.
2. Professionals: Occupations which require specialized and theoretical knowledge which is
usually required through college training or thorough work experience and other training which
provides comparable knowledge. Includes: personnel and labor relations workers, social
workers, doctors, psychologists, registered nurses, economists, dietitians, lawyers, system
analysts, accountants, engineers, employment and vocational rehabilitation counselors, teachers
or instructors, police and fire captains and lieutenants and kindred workers.
3. Technicians: Occupations which require a combination of basic scientific or technical knowledge
and manual skill which can be obtained through specialized post-secondary school education and
through equivalent on-the-job training. Includes: computer programmers and operations,
draftsmen, surveyors, licensed practical nurses, photographs, radio operators, technical
illustrators, police and fire sergeants and kindred workers.
4. Office/Clerical: Workers are responsible for internal and external communication, recording and
retrieval of data and/or information and other paper work required in an office. Includes:
bookkeepers, messengers, office machine operators, clerk-typists, stenographers, court
transcribers, hearing reporters, statistical clerks, dispatchers, license distributors, payroll clerks
and kindred workers.
5. Skilled Craft Workers: Workers perform jobs which require special manual skill and a thorough
and comprehensive knowledge of the processes involved in the work which is acquired through
on-the-job training programs. Includes: Mechanics and repairman, electricians, heavy equipment
operators, stationary engineers, skilled machine occupations, carpenters, compositors and
typesetters and kindred workers.
6. Sales Workers: Occupations engaging wholly and primarily in direct selling. Includes:
advertising agents and salesman, insurance agents and brokers, real estate agents and brokers,
stock and bond salesmen, demonstrators, salesmen and sales clerks, grocery clerks and cashier
checkers, and kindred workers.
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-
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 lifting, digging, mixing, loading and pulling
operations and kindred workers.
9. Apprentices: Persons employed in a program including work training and related instruction to
learn a trade or craft which is traditionally an apprenticeship, regardless of whether the program is
— registered with a Federal or State agency.
10. Trainees (on-the-job): Production, persons in formal training for craftsmen when not trained
under apprentice programs--operative laborer, and service occupations.
White Collar. . . persons engaged in formal training for clerical, managerial, professional,
technical, sales, office and clerical occupations.
-9-
ITEMS OF POTENTIAL MBE/WBE PARTICIPATION
NOTICE TO PROSPECTIVE BIDDERS:
The following are items from the F.Y. 2011 HIGHWAY 63 SOUTH MANHOLE REHABILITATION, CITY
CONTRACT NO. 809, project 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 EST.QTY./
_ ITEM DESCRIPTION UNIT
1 Manhole Cone Replacement 7.0 EA
2 Add 24-In. Barrel Section to Manhole 22.0 EA
3 Add 36-In. Barrel Section to Manhole 5.0 EA
4 Add Adjusting Ring 25.0 EA
5 Internal Chimney Seal Less Than or Equal to 12-In. 66.0 EA
6 Internal Chimney Seal Greater Than 12-In. 15.0 EA
7 32-In. Internal Chimney Seal 1.0 EA
8 54-In. Internal Chimney Seal 1.0 EA
9 Manhole Lid Gasket 84.0 EA
10 Manhole Inflow Dish 36.0 EA
11 9-In.Thick Crushed Stone Base 150.0 SY
12 Stabilization Mix Fertilizing and Seeding 0.5 AC
13 Rural Mix Fertilizing and Seeding 0.5 AC
14 Mulching 1.0 AC
MBE/WBE GOALS FOR THIS PROJECT
IMPORTANT:
Prime Contract Bidders should be aware that ten percent (10%) MBE goal and 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, Iowa 50703
Phone: (319)291-4429
M-1 Hwy63MHRehab-113632(60184424.61)
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
M-2 Hwy63MHRehab-113632(60184424.61)
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)
M-3 Hwy63MHRehab-113632(60184424.61)
LETTER OF INTENT TO BID
(MBE/WBE LETTER)
According to the Current MBE/WBE Contract Compliance Program - 2002, all MBE/WBE Contractors
interested in submitting subcontractor quotes on construction projects with goals, MUST submit a
LETTER OF INTENT TO BID to the City of Waterloo Contract Compliance Officer at least seven (7) days
prior to bid opening.
The LETTER OF INTENT TO BID must list the specific items which the MBE/WBE Contractor is
interested in bidding.
Letter should include the following:
Name of Project:
Your Company Name:
Address:
Phone: Date:
List of Specific items to be bid:
Item No. Description:
Item No. Description:
Item No. Description:
Item No. Description:
Item No. Description:
(Subcontractor's Company Name and authorized signature)
Return this LETTER OF INTENT TO BID to:
— Contract Compliance Officer
Community Development Board
620 Mulberry St.
Carnegie Annex, Suite 202
Waterloo, IA 50703
Phone: (319) 291-4429
Form CCO-5 (06-20-2002)
M-4 Hwy63MHRehab-113632(60184424.61)
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CERTIFIED
MBE / WBE CONTRACTORS
CITY OF WATERLOO, IOWA
4.1611
— /\
.1%.747--.."4"‘
no°
CONTRACT COMPLIANCE OFFICE
— Community Development Board
Carnegie Annex, Suite 202
620 Mulberry Street
Waterloo, Iowa 50703
City WEB Site: www.ci.waterloo.ia.us
Contract Compliance
WEB Site
for listing updates: http://www.wplwloo.lib.ia.us/contractcompliance/
Contact: Louis Starks, Contracts and Grants Coordinator
— Email: louis.starks awaterloo-ia.org
Phone: (319) 291-4429
Fax: (319) 291-4431
MBEIWBE Certified Contractors List
Page s of 5
CERTIFIED MBE CONTRACTORS
CARTER ELECTRIC
725 Adams Street
Waterloo, IA 50703
Phone: (319) 232-9808
Pager: (319) 235-4021
Contact: Derrick Carter
Specializing in:
ELECTRICAL CONTRACTOR
CULPEPPER ELECTRIC
1731 Cottage Grove Avenue
Waterloo, IA 50707
Phone: (319) 235-0885
Fax: (319) 236-8177
Contact: Martin Culpepper
Certified: City of Waterloo Certified MBE, Licensed Electrician
Specializing in:
ELECTRICAL CONTRACTOR
DANIELS HOME IMPROVEMENT
-41 339 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
CERTIFIED MBE CONTRACTORS
D.C. CORPORATION
426 Beech Street
Waterloo, IA 50703
Phone: (319)236-9075
FAX: (319)236-0515
Contact: Terry Phillips
7MBE,/VIBE Certified Contractors List
Page 2
1
1
Certified: City of Waterloo Certified MBE, Iowa DOT, TSB Certified
Specializing in:
COMMERCIAL AND RESIDENTIAL DEMOLITION, CONCRETE PAVING, DRIVEWAYS,
TRUCKING(ALL TYPES), GENERAL CONSTRUCTION
GREER'S WORKS
2003 Plainview Street
Waterloo, IA 50703
Phone: (319) 233-4701
Contact: Willie Greer
Specializing in:
DRIVEWAYS, SIDEWALKS, CARPENTRY, ROOFING, GENERAL CONSTRUCTION
LOVE'S ENTERPRISE
835 West Fifth St.
P.O. Box 246
Waterloo, IA 50704
Phone: (319) 233-3260
7 Contact: David Love
Certified: Iowa DOT, City of Waterloo Certified MBE
Specializing in:
CONCRETE PAVING, ASPHALT, DRIVEWAYS, SIDEWALKS, TRUCKING
OLD GREER'S WORKS
2309 Springview Street
Waterloo, IA 50707
Phone: (319)233-2150
Contact: David L. Greer, Sr.
Specializing in:
7 GENERAL CONSTRUCTION
PAULINE COMPANY, INC.
139 Clark Street
P. O. Box 1623
Waterloo, IA 50703
Phone: (319)236-2345
FAX: (319) 236-1568
MBEIWBE Certified Contractors List
Page 3 of
7
email: Drfoa,y@a01.com
Certified: Targeted Small Business, Iowa DOT, City of Waterloo Certified MBE
Contact: W.C. Stokes, Owner
Specializing in:
EROSION CONTROL, TRUCKING, GUARDRAIL, CLEARING AND GRUBBING
CONCRETE PAVING, ASPHALT, CURB AND GUTTER, DRIVEWAYS, SIDEWALKS,
MASONRY WORK, ROOFING, CD BASKETS, ROADWAY PIPE, TILE LOCATING,
REVETMENT, SHOULDERS, FIELD FENCE, GENERAL CONSTRUCTION WORK
QUICK CONSTRUCTION
217 Bates Street
Waterloo, IA 50703
Phone: (319) 215-4166
Contact: Leroy Harrington
Specializing in:
{ ALL TYPES OF CONCRETE FLATWORK AND GENERAL CONSTRUCTION
CHARLIE SCHAUF TRUCKING
627 Adams Street
Waterloo, IA 50703
Phone: (319) 232-4717
Contact: Charles Schauf
Specializing in:
TRUCKING
CERTIFIED WBE CONTRACTORS
ATLAS PAINTING, INC.*
911 Sycamore Street
P.O. BOX 65
Waterloo, IA 50704
Phone: (319) 232-9164
Specializing in:
COMMERCIAL AND INDUSTRIAL PAINTING
MBE/WBE Certified Contractors List
Page a of 5
1
STATEMENT OF BIDDER'S QUALIFICATIONS
(To be submitted by the Bidder only upon the specific request of the City of Waterloo, Iowa.)
All questions must be answered and the date given must be clear and comprehensive. This statement
must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder
may submit any additional information he desires.
— 1. Name of bidder.
2. Permanent main office address.
3. When organized.
4. If a corporation, when incorporated.
5. How many years have you been engaged in the contracting business under your present firm or
trade name?
6. Contracts on hand: (Schedule these, showing amount of each contract and the appropriate
anticipated dates of completion.)
7. General character of work performed by your company.
8. Have you ever failed to complete any work awarded to you? If so, where and why?
-- 9. Have you ever defaulted on a contract? If so, where and why?
10. List the more important projects recently completed by your company, stating the approximate
cost for each, and month and year completed.
11. List your major equipment available for this contract.
12. Experience in construction work similar in importance to this project.
13. Background and experience of the principal members of your organization, including the
officers.
14. Credit available: $
15. Give bank reference:
16. Will you, upon request, fill out a detailed financial statement and furnish any other information
that may be required by the City of Waterloo, Iowa?
SQ-1 Hwy63MH Rehab-113632(60184424.61)
17. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any
information requested by the City of Waterloo, Iowa, in verification of the recitals comprising this
Statement of Bidder's Qualifications.
Dated at this day
of , 2011.
(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 , 2011.
Notary Public
My commission expires ,
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GENERAL SPECIAL PROVISIONS
1. SCOPE OF WORK
The work covered by this contract consists of furnishing all labor, equipment, and materials and
performing all operations, in connection with the F.Y. 2011 HIGHWAY 63 SOUTH MANHOLE
REHABILITATION, CITY CONTRACT NO. 809, as shown on the contract drawings and in
accordance with these specifications.
The contract drawings, which accompany and form a part of this contract and specifications, are
dated February 2011 . They have the general title of F.Y. 2011 HIGHWAY 63 SOUTH
MANHOLE REHABILITATION, CITY CONTRACT NO. 809.
The drawings are numbered and separately entitled as follows:
DRAWING NO. DESCRIPTION
1 Title Sheet
2 Legend and General Notes
3 Estimated Quantities
4 Manhole Tabulation
5 Manhole Tabulation
6 Location Plan
7 Site Plan
8 Site Plan
9 Site Plan
10 Site Plan
11 Site Plan
12 Manhole Details
-- The Iowa Department of Transportation English Standard Specifications for Highway and Bridge
Construction, Series 2009 (as referenced) are to be used along with the special provisions and
General Specifications for Construction described herein and shall be considered as part of the
contract documents.
2. CONFLICTING SPECIFICATIONS
All requirements of other specifications contained in the contract documents which conflict with
the provisions of the special provisions will be considered void.
3. DUMPING AREAS
Excess material resulting from construction operations shall be hauled to the County Landfill or
other area secured by the Contractor and approved by the City Engineer. Rubble, rubbish, trees,
brush, and other unsuitable backfill material, as designated by the City Engineer, shall be hauled
to the County Landfill. All Landfill charges are to be considered incidental to the contract and are
the responsibility of the Contractor.
4. CONSTRUCTION DAMAGE
The Contractor shall exercise care during construction operations to ensure the safety and
_ protection to existing features located near or within the limits of construction. Damage caused by
negligence or poor workmanship, as determined by the Engineer, shall be considered the
Contractor's responsibility.
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5. REMOVED MATERIALS
All materials removed, as part of this Contract shall remain the property of the City unless the City
determines that the materials are not salvageable and the City does not want to retain ownership
of the materials. Materials designated in the field by the Engineer as non-salvageable shall be
hauled and disposed of by the Contractor at no cost to the City. All other materials shall be
transported to locations as directed by the Engineer. No separate measurement or payment will
be made for hauling or disposing of removed materials and it shall be considered incidental to
applicable items.
6. MAILBOXES
The Contractor shall notify the United States Postal Department of mailboxes that interfere with
any part of the work before removing them, and the Contractor will relocate them as required by
the Postmaster. The removal and replacement of mailboxes will not be considered for direct
payment, but will be considered incidental to the item to which it applies.
7. PAY ITEMS
All pay items are listed in the proposal and shall include the purchase of all materials, delivery of
these materials, and furnishing all labor, plant and miscellaneous work needed to make the item
complete. All such cost shall be incidental to the proposed item to which it applies and shall not
be considered for separate payment.
8. BREAKDOWN OF LUMP SUM CONTRACT PRICE ITEMS
The Contractor shall, immediately upon execution and delivery of the contract, before the first
estimate for payment is made, deliver to the City 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.
_ 9. PERMISSION TO HAUL OVER STREETS, RAILROADS AND HIGHWAYS
The Contractor will be required to secure, from the proper authorities, permission or permit which
may be required to haul over streets, highways, railroads or private property, and any hauling
operations of the Contractor shall be subject to the requirements of such permits, permission, and
to all applicable regulations, laws, and ordinances governing hauling and movement of equipment
over streets, railroads, highways and private property. Any costs or inconvenience caused by
obtaining any necessary permits or permission shall be considered completely covered by the
price bid for the items in the proposal.
10. CONSTRUCTION SCHEDULING
The City 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.
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11. PRE-CONSTRUCTION CONFERENCE
Before any work is started, the Contractor shall arrange with the City Engineer to hold a pre-
- construction conference to discuss problems and schedules of contracts.
12. UNDERGROUND UTILITIES
It is the responsibility of the Contractor to obtain the location of gas lines, water lines, electric,
telephone, and cable television cables or wires from the various utility companies and the City
electrician before starting any excavation. The Contractor shall be responsible for any damage to
any underground utilities. The Contractor shall expose those utilities indicated on the plans so
that elevations may be determined before beginning construction. This work shall be considered
incidental to other items of work.
If the Contractor believes that additional costs have been incurred due to a utility being improperly
located, the resolution of the additional costs incurred shall be made between the Contractor and
the respective utility company.
13. TRAFFIC SIGNS AND STREET SIGNS
The Contractor shall contact the City of Waterloo Traffic Operations Department to have any
street sign that will be affected by construction removed and replaced when the work has been
corn pleted.
-- 14. TRAFFIC CONTROL DURING CONSTRUCTION
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 by the latest edition of the "Iowa Manual on
Uniform Traffic Control Devices for Streets and Highways" and shall provide, keep and maintain
such barricades, signs, etc., as may be required or as may be ordered by the Engineer, to ensure
the safety of the public as well as those engaged on the work. The Engineer shall review all
barricading plans.
The Contractor shall determine, provide and obtain approval from the City Engineer on all detour
locations for all street closings, barricades and posting prior to construction. These shall meet
requirements of the City Police Traffic Department. The Contractor shall notify the City Engineer's
Office and the Police, Fire and Street Departments when the street is closed for construction. All
barricading shall be in accordance with the latest edition of the "Iowa Manual on Uniform Traffic
Control Devices for Street and Highways." Encapsulated lens sheeting is not required on this
project.
15. GRADES, LINES, LEVELS AND SURVEYS
All necessary grades, lines, levels and surveys shall be established by AECOM and maintained by
the Contractor.
The Contractor shall verify all grades, lines, levels and dimensions as shown on the drawings, and
he shall report any errors or inconsistencies in the same to AECOM before commencing work.
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16. SAFETY OF WORKERS AND PUBLIC
The Contractor shall, at all times, take necessary precautions to protect the life and health of all
persons employed on this project and the public. He shall provide necessary safety devices and
safeguards in accordance with latest and best accident prevention practices. All such protection
shall be furnished to employees without cost.
No direct measurement of payment shall be made for this protection, but shall be considered
incidental to other items of work. The public shall be kept outside of any work area.
17. WORKING ON SATURDAYS, SUNDAYS AND LEGAL HOLIDAYS
The Contractor shall notify the 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. The Contractor shall not work the following days in 2011 due to City
holidays: May 30; July 4; September 5; November 11, 24 and 25; December 23 and 26.
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SPECIAL PROVISIONS
1. TRAFFIC CONTROL-- IMPROPER MAINTENANCE
The Engineer, or authorized representative, shall periodically review traffic control that has been
put in place by the Contractor. If traffic control devices are found to be without proper
maintenance, penalties shall be assessed. Improper maintenance shall include, but not be limited
to, the following situations:
A. Less than 100 percent of lights in working order.
B. Any barricade or sign moved or tipped over.
C. Fencing not supported in a vertical position.
D. Fencing not placed around excavations when workers/equipment is not working at the
location.
E. Lack of proper barricades or signage.
Each incident is treated as a separate citation on an individual basis. It is not intended that minor
deficiencies be price adjusted if corrected the day notification is given. In addition to a price
adjustment, the Engineer may suspend work for irresponsible and/or repeated failure to construct
the project using proper traffic control procedures.
Penalties: 1st Offense Written warning given by City.
2nd Offense $ 100
3rd Offense $ 250
4th Offense $ 500
_ 5th Offense $1,000
6th Offense Engineer's discretion (amount
or more equal or greater than $1,000)
2. LIQUIDATED DAMAGES
Time is an essential element of this contract. It is important that the work be diligently pursued to
completion. If the work is not completed within the specified contract period, plus authorized
extensions, the Contractor shall pay to the City Liquidated Damages in the amount of$500.00 per
day, for each day, as further described herein, in excess of the authorized time.
Days beyond the specified completion date for which Liquidated Damages will be charged will be
working days that the Contractor does, or could have worked from Monday through Saturday.
Sundays will be counted only if work is performed. Partial working days will be considered as a
full working day. Days not chargeable for Liquidated Damages will include rain days, Sundays if
no work is done, and legal holidays.
Working days will cease to be charged when only punch list items remain to be completed.
Punch list item do not include contract bid items or approved change/extra work orders.
When the Contractor believes the project to be substantially completed, a written notice stating
the same shall be submitted to the Engineer and a request made for a Punch List. If the work
under the Contract extends beyond the normal construction season for such work, the Contractor
shall submit to the 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.
3. HAUL ROUTES
Haul routes to and from the project site shall be submitted for review by the Engineer. In general,
the Contractor shall request haul routes over the main streets in the area, staying on streets within
the project as much as possible and should not include truck-embargoed streets.
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4. STANDARD SPECIFICATIONS
The Standard Specifications, which are referenced in the contract documents, are designated as
follows:
IDOT STANDARD SPECIFICATIONS - "Standard Specifications for Highway and Bridge
Construction, Iowa Department of Transportation, Ames, Iowa, Series 2009" (unless otherwise
noted) and current revisions thereof.
WATERLOO STANDARD SPECIFICATIONS - "Standard Specifications for Municipal Public
— Works Construction, City of Waterloo, Iowa."
5. PERCENT OF CONTRACT TO BE PERFORMED BY CONTRACTOR
A. The prime contractor shall be required to perform at least 35 percent of the total contract
amount of the project.
6. SPECIAL PROVISIONS
Standard Specifications are amended by the following additions. These are Special Provisions
and shall prevail over those published in the Standard Specifications.
Section 502 Rehabilitation of Existing Manholes
Section 503 Class A Crushed Stone
Section 505 Traffic Control
Section 01112 Summary of Work
Section 01316 Engineer's Status During Construction
Section 01340 Submittals
Section 01455 Testing
Section 01788 Project Record Documents
Section 02232 Site Preparation
Section 02316 Trenching, Backfilling and Compacting
Section 02485 Seeding, Mulching and Fertilize
Section 06519 Fiberglass Reinforced Plastic manhole Liners
7. QUANTITY ADJUSTMENTS
The following Bid Items are exempted from consideration under the provisions of Section B.
"Scope of Work," paragraph 7 of the "General Specifications for Construction" concerning the
variance of the "As-Built" quantity of the listed item by more than twenty (20%) percent from the
estimated quantity specified in the contract.
BID
ITEM DESCRIPTION EST. QTY.
11 9-In. Thick Crushed Stone Base 150.0 SY
12 Stabilization Mix Fertilizing and Seeding 0.5 AC
13 Rural Mix Fertilizing and Seeding 0.5 AC
14 Mulching 1.0 AC
*** END OF SECTION * *
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502 REHABILITATION OF EXISTING MANHOLES
Sanitary Manholes
Compaction of Backfill
502.1 DESCRIPTION
A. The work covered by this section of the Specifications consists of furnishing all labor, supplies,
equipment and materials and performing all operations in connection with the construction of
sanitary sewer manhole rehabilitation, as shown on the plans, as hereinafter specified and as
directed by the ENGINEER.
B. Submit product literature, dimensional drawings, technical specifications and installation
instructions for all products to be used in 6-copy form to ENGINEER for approval prior to ordering
materials. Refer to Section 01340.
502.2 SPECIFICATIONS
A. The following sections of the Specifications for Sanitary Sewers of the City of Waterloo, Iowa, are
made part of this Specification. Where there is a discrepancy between City of Waterloo
Specifications and this Specification Section 502, this section shall take precedence.
1. II. MATERIALS, III. CONSTRUCTION, Excluding Subsection D, V. TESTING, and
VI. WATER MAIN SEPARATION.
B. Existing Sewers, Sewer Pumping and Dewatering
1. When overflows are used to bypass, CONTRACTOR shall investigate with proper
authorities about the possibilities and timing of closing the overflow. If pumping shall be
necessary for a certain sewer, CONTRACTOR is advised to establish this point in the
"Site Inspection" recommended in the "Instructions to Bidders." No extra payment shall
be made for any kind of pumping of sewage or groundwater in this contract and it will be
considered incidental to the item to which it applies.
2. After the award of contract, CONTRACTOR shall submit to the ENGINEER a complete
and detailed report on the construction methods to be used, the capacity of pumps and
other equipment to be used. Recommended methods shall be sanitary and practical. If
the proposed construction methods are not acceptable to the ENGINEER, the
CONTRACTOR shall comply with the recommendations of the ENGINEER.
C. Structures
1. All manholes shall be constructed in accordance with the details shown on the plans, and
all materials used in their construction shall conform to the requirements set forth in these
Specifications.
2. Manholes shall be precast or poured-in-place concrete. Manholes shall be waterproofed
on the exterior at all joints. Provide ASTM C-443, 0-ring gasketed joints between all
precast manhole sections.
D. Dampproofing
1. The exterior of manholes shall be coated from the base of the structure up to the bottom
of lid and ring with a trowel applied asbestos fibred asphalt compound, conforming to
— Federal Specifications SS-C-153, Type 1. Acceptable products include grace's
Dehydratine 6 Mastic, meadow's Sealtight Trowel-Mastic, or equivalent, applied
according to manufacturer's recommendations at a rate of 25 square feet per gallon.
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— E. Chimney Seals, Lid Gaskets and Inflow Dishes for Existing Manhole Rehabilitation
1. Internal Chimney Seal
a. Rubber Sleeve and Extension
1) Double pleated, minimum thickness 3/16-inch thick, according to ASTM
C923.
2) Minimum allowable vertical expansion of at least 2 inches.
3) Integrally formed expansion band recess top and bottom with multiple
sealing fins.
b. Expansion Bands
1) One-piece band assembly to compress sleeve or extension against
manhole and casting surfaces.
2) 16-gauge ASTM A240, Type 304 stainless steel, minimum 1 3/4-inch
width, minimum adjustment range of 2 inches more than the manhole
inside diameter.
3) Stainless steel locking mechanism of studs and nuts complying with
ASTM F593 and ASTM F594, Type 304.
2. Chimney Seal Installation
— a. Follow manufacturer's instructions.
b. Field measure manholes prior to ordering materials.
c. Do not use external chimney seal if seal will be permanently exposed to sunlight.
d. Extend seal 3 inches below the lowest adjustment ring.
e. Extend seal to 2 inches above the flange of the casting for a standard two-piece
casting, or 2 inches above the top of the base section of the casting for an
adjustable three-piece casting.
f. Use multiple seals, if necessary.
g. Install compression bands (external chimney seal) or expansion bands (internal
chimney seal) to lock the rubber sleeve or extension into place and to provide a
positive watertight seal. Once tightened, lock the bands into place. Use only
manufacturer recommended installation tools and sealants.
3. Manhole Lid Gasket
a. Molded, cut or extruded from Nitrile, EPDM, Neoprene or a blend thereof.
b. Extruded lid gasket material shall be cured in a round forming mold to maintain
flat and circular finished form.
c. Molded products minimum tensile strength 1500 psi, products cut from sheet
material minimum tensile strength of 800 psi and extruded products minimum
tensile strength of 1200 psi and all having hardness (durometer)of 60±5.
d. Lid gasket to have minimum thickness of 3/32 inch and any splice used in
fabrication shall withstand 180 degree bend without visible separation.
e. Prior to gasket installation, lid bearing surface area of both the frame and the lid
shall be wire brushed and cleaned of all loose rust, scale or debris.
f. Apply small bead of butyl caulk, conforming to AASHTO M-198 Type B, to clean
and dry bearing surface of frame prior to installation of gasket or on side of lid
recess if removed.
-- g. Detailed installation procedures shall be in accordance with manufacturer's
instructions.
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— 4. Manhole Inflow Dish
a. Inflow dish shall be manufactured from durable High-Density Polyethylene
Copolymer material that meets ASTM Specification Designation D-1248 Class A,
Category 5, Type III, with superior stress crack resistance, combined with high
impact strength and minimum impact brittleness temperature of -105°F in
accordance with ASTM D746-70.
b. Tensile strength of 3700 psi and elongation factor of 800% meeting all
requirements of ASTM D638-71A.
c. Thickness uniform 1/8-inch.
d. Venting for relieving gas and/or vacuum pressure consisting of two 3/16-inch
holes installed 180° apart, approximately 1-inch from the top of insert.
e. Corrosion resistant nylon strap installed for easy removal and reinstallation into
manhole frame.
— f. Contractor shall field measure manhole frame and cover to determine prior to
order.
g. Manhole frame rim shall be cleaned of all dirt and debris before placing inflow
dish upon rim and dish shall be fully seated around manhole frame rim.
h. After installation of dish, complete unit shall not allow more than 5 gallons of
inflow per 24 hours.
F. Backfilling Trenches
1. General
a. All manholes shall be backfilled immediately after the repairs are completed.
b. None of the excavated material shall be removed from the project until the
backfilling is completed unless specifically directed by the ENGINEER, but as
soon as the trenches are filled in a manner satisfactory to the ENGINEER, all
unused materials shall be removed at once from the project, and the project shall
be cleaned of all rubbish and unused materials, and all paving, crossings or other
— property shall be restored to their former condition or to a condition satisfactory to
the ENGINEER.
c. If, at any time during the continuance of the CONTRACTOR'S responsibility as
stipulated under clause on "Bond," there shall be any settlement of the trenches
requiring repairs to be made in any street, or should any other defects appear in
the system due to the neglect or carelessness of the CONTRACTOR, the
ENGINEER may notify the CONTRACTOR to make sure repairs as may be
necessary. Should the CONTRACTOR fail to do so within ten (10) days after the
date of such notice, or should the nature of such defects be such as to require
immediate attention, the City shall make such repairs to the CONTRACTOR who
shall reimburse the City by cash payment or by deducting from the final payment,
or the City will collect same from the bonding company furnishing bond covering
this section of the work.
2. Compacted Backfill
a. All backfill shall be compacted in layers of not more than six (6) inches by a
mechanical tamper. Compact to 95 percent Standard Proctor Density beneath
— sidewalks, surfaced streets or influence zones around piping or electrical ducts or
influence zones adjacent to sidewalks, surfaced streets or building foundations.
Influence zone is area bounded by line 12 in. above pipe or duct or 1 ft beyond
outer edge of foundation, pavement or sidewalk and by line 1 horizontal to 2
vertical slope extending outward. All backfill in trenches under levees shall
comply with Section I - Levee Embankments. Backfill in trenches beneath lawns,
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landscaped areas and cropland shall be compacted to 85 percent Standard
Proctor Density in 12-in. lifts.
b. Where the existing material will not compact to the required density, the
CONTRACTOR shall remove unsuitable material and replace same with suitable
material.
3. Suitable Backfill Material
a. Suitable backfill material may contain stones or rock providing that there are
enough fine particles of material present to completely encase the stones and
achieve the required compaction.
b. No rocks with a maximum dimension of twelve (12) in. or greater shall be
allowed.
4. Unsuitable Backfill Material
a. Unsuitable backfill material shall be defined as materials which contain large
clods, organic matter, frozen earth, debris, earth with exceptionally high void
content or material which cannot obtain the required density.
b. No rocks with a maximum dimension of twelve (12) in. or greater shall be allowed
to be used as backfill.
c. Otherwise suitable material will not be classed as unsuitable material for
payment due to over optimum moisture content.
5. Dry Sand Backfill
a. Dry sand is defined as follows: Sand heated to a temperature greater than 212
F. until all moisture is driven out of the material. Whenever tight-sheeting is
required or used in paving cuts, the backfill shall be made with such dry sand,
and the dry sand shall be, at all times, kept above the bottom of the sheeting that
is being pulled.
b. When delivered on the job, the dry sand backfill material shall be "bone dry" and
cool enough to hold in the bare hand without burning the hand.
c. No particles of the "dry sand" shall be retained on a three quarter (3/4) in. sieve
and not more than ten (10) percent shall pass a No. 200 sieve.
502.3 METHOD OF MEASUREMENT AND BASIS OF PAYMENT
A. All measurement and payment will be based on completed work performed in strict accordance
with the plans and specifications and on the contract unit prices set forth in the proposal.
** * END OF SECTION ** *
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SECTION 503
CLASS A CRUSHED STONE
503.1 DESCRIPTION
A. This work shall consist of the restoration of the existing crushed stone surfaced drives to the limits
of existing prior to construction as directed by the ENGINEER and base for asphalt street repair.
503.2 REFERENCED SPECIFICATIONS
A. Specifications referred to as Iowa DOT Specifications are the"Standard Specifications for Highway
and Bridge Construction, Iowa Department of Transportation, Series of 2009" and current
Supplemental Specifications.
503.3 PRODUCTS
A. Crushed stone material shall be Class A crushed stone in accordance with Section 4120.04 of the
Iowa DOT Specifications.
503.4 EXECUTION
A. Construction shall be in accordance with Section 2312 of the Iowa DOT Specifications except for
Method of Measurement and Basis of Payment.
503.5 METHOD OF MEASUREMENT AND BASIS OF PAYMENT
A. The crushed stone will be measured in square yards computed from field measurements. The
CONTRACTOR will be paid at the contract unit price per square yard which shall be considered as
full compensation for furnishing all labor, equipment,tools and materials and for performance of all
work in accordance with the plans and these specifications.
*** END OF SECTION ***
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SECTION 505
TRAFFIC CONTROL
505.1 DESCRIPTION
A. This section shall include the furnishing, installation and maintenance of traffic control devices,
signage and barricades required to provide traffic detours and accommodate traffic in accordance
with these specifications.
505.2 SPECIFICATIONS
A. Specifications referred to as Iowa DOT Specifications are the"Standard Specifications for Highway
and Bridge Construction, Iowa Department of Transportation, Series of 2009"and all current revised
and supplemental specifications.
505.3 EXECUTION
A. The CONTRACTOR shall provide traffic control in accordance with Iowa DOT Specification Sections
2528.01 through 2528.11.
B. A traffic control plan for the selected traffic control plan shall be submitted to the CITY and
ENGINEER for approval prior to the preconstruction conference.
C. All traffic control devices shall be supplied, erected and maintained and removed by the
CONTRACTOR.
D. Traffic Control and Signage shall be signed and controlled in accordance with these plans and
specifications.
E. When used for traffic control or protection of the work site, safety fence must be firmly supported in a
vertical position.
505.4 METHOD OF MEASUREMENT AND PAYMENT
A. Traffic Control and Signage will be paid at the lump sum contract price. This payment will be full
compensation for erecting, maintaining,moving, providing flag persons and removing all traffic control
devices required by the contract documents, including warning lights and for furnishing all materials,
labor and equipment.
*** END OF SECTION ***
505-1 Hwy63MHRehab-113632(60184424.61)
SECTION 01112
SUMMARY OF WORK
PART 1 GENERAL
1.01 SUMMARY
A. Work of this Contract entails construction of a rehabilitation of existing sanitary manholes located
along Highway 63, from University Avenue south, in Waterloo, Iowa.
1.02 DEFINITIONS
A. Standard Specifications: "Standard Specifications for Highway and Bridge Construction, Iowa
Department of Transportation," Series of 2009 (IDOT Specs).
1.03 FORM OF SPECIFICATIONS
A. These Specifications are written in imperative and abbreviated form. Imperative language of
Specification sections is directed at CONTRACTOR,unless specifically noted otherwise. Incomplete
sentences in Specifications shall be completed by inserting"shall," "CONTRACTOR shall," "shall
be," and similar mandatory phrases by inference in same manner as they are applied to notes on
Drawings.Words"shall be"shall be supplied by inference where colon(:)used within sentences or
phrases. Except as worded to contrary, fulfill (perform) indicated requirements whether stated
imperatively or otherwise.
B. Items of Work are specified by section. Specifications or requirements of one or more sections may
apply or be referenced in other sections.
C. Provide Work described and comply with requirements stated in each Specification section and
Drawings unless specifically assigned to other Contractors or OWNER.
1.04 CONTRACTS
A. Perform Work under unit price Contract(s)with OWNER.
1.05 CONSTRUCTION CONSTRAINTS
A. Construct Work in stages to accommodate operation of existing facilities during construction period;
coordinate construction schedule and operations with OWNER.
B. Maintain existing wastewater collection facilities in operation during construction of the manhole
rehabilitation items. Provide temporary pumps and piping as required to maintain flow to treatment
facility at all times.
1.06 MILESTONES (WORK SEQUENCE)
A. Construct Work in stages to provide for public convenience.
1. Do not close off public use of facilities until completion of one stage of construction provides
alternative usage.
2. Stages of construction are those indicated on Drawings.
—" 1.07 CONTRACTOR'S USE OF PREMISES
A. Limit use of premises for Work and storage to allow for following.
01112-1 Hwy63MHRehab-113632(60184424.61)
1. Public use.
B. Conduct operations to ensure least inconvenience to general public. Coordinate use of premises
with OWNER.
C. Assume full responsibility for protection and safekeeping of products under this Contract.
D. Obtain and pay for use of additional storage or Work areas needed for operations at no additional
cost to OWNER.
E. Confine operations to areas within Contract limits indicated. Do not disturb portions of site beyond
areas in which Work is indicated.
F. Keep driveways, roads, and entrances serving premises clear and available to OWNER and public
at all times. Do not use these areas for parking or storage of materials. Schedule deliveries to
minimize space and time requirements for storage of materials and equipment on Site.
1.08 EASEMENTS, LICENSES, AND PERMITS
A. Easements, construction licenses, and permits obtained for Work shown on Drawings.
1. OWNER has copies of documents on file for review.
2. Comply with provisions of easements, licenses, and permits.
3. Obtain additional construction licenses necessary to complete Work.
4. Easements are shown on Drawings.
5. Perform construction within existing rights-of-way or within limits of easements.
6. Obtain written authorization from affected property owners or maintaining authorities if
construction is outside these areas.
7. Comply with requirements of owners or maintaining authorities.
8. Obtain written approval of restoration from easement and construction license grantors shown
on Drawings.
PART 2 PRODUCTS
-- (Not Used)
PART 3 EXECUTION
(Not Used)
* ** END OF SECTION *
01112-2 Hwy63MHRehab-113632(60184424.61)
SECTION 01316
ENGINEER'S STATUS DURING CONSTRUCTION
PART 1 GENERAL
1.01 OWNER'S REPRESENTATIVE
A. Project has been designed by AECOM who is hereinafter called ENGINEER, and who is to act as
OWNER'S representative, assume duties and responsibilities, and have rights and authority
assigned to ENGINEER in Contract Documents in connection with completion of Work in
accordance with Contract Documents.
1.02 DEFINITIONS
A. ENGINEER:
_ 1. As used in Specifications and on Drawings refers to AECOM.
2. As used in other documents is defined in General Specifications.
B. OWNER:
1. As used in Specifications and used on Drawings is defined as City of Waterloo.
1.03 VISITS TO SITE
A. ENGINEER will make visits to Site at intervals appropriate to various stages of construction as
ENGINEER deems necessary in order to observe as experienced and qualified design professional
progress that has been made and quality of various aspects of CONTRACTOR's executed Work.
Based on information obtained during such visits and observations, ENGINEER, for benefit of
OWNER,will determine, in general, if Work is proceeding in accordance with Contract Documents.
ENGINEER will not be required to make exhaustive or continuous inspections on Site to check
quality or quantity of Work. ENGINEER's efforts will be directed toward providing for OWNER
greater degree of confidence that completed Work will conform generally to Contract Documents.
On basis of such visits and observations, ENGINEER will keep OWNER informed on progress of
Work and will endeavor to guard OWNER against defective Work.
B. ENGINEER will furnish Resident Project Representative(RPR), assistants, and other field staff to
assist ENGINEER in observing Work.
Through additional observations of CONTRACTOR's Work in progress and field checks of materials
and equipment by RPR and assistants, ENGINEER shall endeavor to provide further protection for
OWNER against defects and deficiencies in Work. However, ENGINEER shall not, during such
visits or result of such observations of CONTRACTOR's work in progress,supervise,direct,or have
control over CONTRACTOR's Work nor shall ENGINEER have authority over or responsibility for
means, methods, techniques, sequences or procedures selected by CONTRACTOR, for safety
precautions or programs incident to CONTRACTOR's performing Work, or responsibility of
construction for CONTRACTOR'S failure to perform Work in accordance with Contract Documents.
C. RPR'S duties and responsibilities limited to those of ENGINEER in agreement with OWNER and in
Contract Documents, and further limited and described as follows:
01316-1 Hwy63MHRehab-113632(60184424.61)
1. General: RPR is ENGINEER'S agent at Site,will act as directed by and under supervision of
ENGINEER, and will confer with ENGINEER regarding RPR'S actions. RPR'S dealings in
matters pertaining to CONTRACTOR's Work in progress shall, in general be with ENGINEER
and CONTRACTOR keeping OWNER advised as necessary. RPR'S dealings with
Subcontractors through or with full knowledge and approval of CONTRACTOR. RPR shall
generally communicate with OWNER with knowledge of and under direction of ENGINEER.
2. Duties and Responsibilities of RPR Representative:
a. Conduct preconstruction conference with OWNER, CONTRACTOR(s), utilities, and
other appropriate parties affected by Project.
b. Attend meetings with CONTRACTOR,such as progress meetings,job conferences and
other Project related meetings.
c. Report to ENGINEER when clarifications and interpretations of Contract Documents are
needed and transmit to CONTRACTOR clarifications and interpretations as issue by
ENGINEER.
d. Review Applications for Payment with CONTRACTOR for compliance with established
procedure for their submission and forward with recommendation to ENGINEER.
e. Provide direction for assistants and coordinate observation activities.
f. Direct visiting inspectors representing public or other agencies having jurisdiction over
Project to OWNER or CONTRACTOR as appropriate.
g. Administer modifications amending, modifying or supplementing Contract Documents
as Project proceeds.
h. Report to ENGINEER whenever RPR believes that any part of CONTRACTOR's Work
in progress will not produce completed Project that conforms generally to Contract
Documents or will prejudice integrity of design concept of completed Project as
functioning whole as indicated in Contract Documents, or has been damaged, or does
not meet requirements of any inspection, test or approval required to be made; and
advise ENGINEER of that part of Work in progress that RPR believes should be
corrected or rejected or should be uncovered for observation, or requires special
testing, inspection or approval.
i. Review testing of equipment and systems provided by CONTRACTOR and assess its
compliance with Contract Documents.
j. Determine final quantities for Work installed which will serve as basis for final payment
to CONTRACTOR.
k. Coordinate efforts required to prepare record drawings showing those changes during
construction process, based on marked-up prints,drawings,and other data furnished by
CONTRACTOR to ENGINEER and which ENGINEER considers significant.
I. Participate in inspections for substantial and final completion of Project and prepare list
of items to be corrected or completed.
3. Duties and Responsibilities of RPR'S Assistant(s):
a. Assistant(s) shall function under direction and supervision of RPR.
b. Observe Work activities, as directed, and report their observations to RPR. Observed
variance in Work activities from intent of Contract Documents will be reported to RPR.
c. Inform RPR when situations develop such that change in Contract Documents would
serve to improve Project.
d. Gather and maintain information required for pay estimate review by RPR.
e. Perform other duties as directed by RPR.
f. Assistant(s)will have limitations on responsibilities and authority. Assistant(s)will:
1) Not be authorized to modify or otherwise change Contract Documents.
2) Not have authorization necessary to accept any Work on behalf of OWNER.
3) Not be authorized to delete or order any additional Work.
4) Not, through his efforts, relieve CONTRACTOR of CONTRACTOR'S ultimate
responsibility for quality of Work.
01316-2 Hwy63MHRehab-113632(60184424.61)
1.04 CLARIFICATIONS AND INTERPRETATIONS
A. ENGINEER will, with reasonable promptness, render a written clarification or interpretation of
requirements of Contract Documents. The ENGINEER'S written decision will be final and binding on
OWNER and CONTRACTOR, subject to provisions for making claims.
1.05 AUTHORIZED VARIATIONS IN WORK
A. ENGINEER may authorize minor variations in Work from requirements of Contract Documents
which do not involve adjustment in Contract Price or Contract Times and are compatible with design
concept of completed project as functioning whole as indicated by Contract Documents. These
may be accomplished by Field Order and will be binding on OWNER and also on CONTRACTOR,
who shall perform Work involved promptly. If OWNER or CONTRACTOR believes that a Field
Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are
unable to agree on entitlement to or on amount or extent, if any,of any adjustment, a claim may be
made therefore as provided in Article B.6 of General Specifications.
1.06 REJECTING DEFECTIVE WORK
A. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be
defective, or that ENGINEER believes will not produce completed Project that conforms to Contract
Documents or that will prejudice integrity of design concept of a completed Project as functioning
whole as indicated by Contract Documents. ENGINEER will also have authority to require special
inspection or testing of Work whether or not Work is fabricated, installed or completed.
1.07 DECISIONS ON REQUIREMENTS OF CONTRACT DOCUMENTS AND ACCEPTABILITY OF
WORK
A. ENGINEER will be initial interpreter of requirements of Contract Documents and judge of
acceptability of Work thereunder. All matters in question and other matters between OWNER and
CONTRACTOR arising prior to the date of final payment is due relating to the acceptability of the
Work, and interpretation of requirements of Contract Documents pertaining to performance of Work
will be referred initially to ENGINEER in writing within 30 days of the event giving rise to the
question.
B. Notice: Written notice stating general nature of each such Claim shall be delivered by claimant to
ENGINEER and other party to Contract promptly(but in no event later than 30 days) after start of
event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making
the Claim. Notice of amount or extent of Claim, with supporting data shall be delivered to
ENGINEER and other party to Contract within 60 days after start of such event(unless ENGINEER
allows additional time for claimant to submit additional or more accurate data in support of such
claim. Claim for adjustment in Contract Price or Contract Time shall be prepared in accordance with
Contract Documents. Each Claim shall be accompanied by claimant's written statement that
adjustment claimed is entire adjustment to which claimant is entitled as result of said event.
Opposing party shall submit any response to ENGINEER and claimant within 30 days after receipt of
claimant's last submittal (unless ENGINEER allows additional time).
C. ENGINEER's Action: ENGINEER will review each Claim and, within 30 days after receipt of last
submittal of claimants or last submittal of claimant or last submittal of opposing party, if any, take
one of the following actions in writing:
1. deny the Claim in whole or in part,
2. approve the Claim, or
3. notify the parties that the ENGINEER is unable to resolve the Claim if, in the ENGINEER'S
sole discretion, it would be in appropriate for the ENGINEER to do so. For the purposes of
further dispute resolution of the Claim, such notice shall be deemed a denial.
01316-3 Hwy63MHRehab-113632(60184424.61)
D. In the event that the ENBGINEER does not take action on a Claim within said 30 days, the Claim
shall be deemed denied.
E. ENGINEER'S written action under paragraph C above or denial pursuant will be final and binding
upon OWNER and CONTRACTOR, unless OWNER and CONTRACTOR invoke the dispute
— resolution procedure set forth in the Contract Documents.
F. When functioning as interpreter and judge under above paragraphs, ENGINEER will not show
partiality to OWNER or CONTRACTOR and will not be liable in connection with interpretation or
— decision rendered in good faith in such capacity. A decision by ENGINEER shall be required as a
condition precedent to any exercise by OWNER or CONTRACTOR of any rights or remedies either
may otherwise have under Contract Documents or by Laws or Regulations in respect to such claims.
— 1.08 SHOP DRAWINGS AND SAMPLES
A. ENGINEER's Review:
1. ENGINEER will provide timely review of Shop Drawings and Samples in accordance with
schedule of submittals acceptable to ENGINEER. ENGINEER's review and approval will be
only to determine if items covered by submittals will,after installation or incorporation in Work,
— conform to information given in Contract Documents and be compatible with design concept
of completed Project as functioning whole as indicated by Contract Documents.
2. ENGINEER'S review and approval will not extend to means, methods,techniques,sequences
— or procedures of construction(except where specific means, method,technique,sequence or
procedure of construction is specifically and expressly called for by Contract Documents)or to
safety precautions or programs incident thereto. Review and approval of separate item as
such will not indicate approval of assembly in which item functions.
— 3. ENGINEER'S review and approval shall not relieve CONTRACTOR from responsibility for any
variation from requirements of Contract Documents unless CONTRACTOR has in writing
called ENGINEER'S attention to each such variation at time of submittal and ENGINEER has
— given written approval of each such variation by specific written notation thereof incorporated
in or accompanying Shop Drawing or Sample. ENGINEER'S approval will not relieve
CONTRACTOR from responsibility for complying with CONTRACTOR's submittal procedures
established in Contract Documents.
B. Resubmittal Procedures:
— 1. CONTRACTOR shall make corrections required by ENGINEER,and return required number
of corrected copies of Shop Drawings and submit as required new Samples for review and
approval. CONTRACTOR shall direct specific attention in writing to revisions other than
corrections called for by ENGINEER on previous submittals.
C. Where Shop Drawing or Sample is required by Contract Documents, related Work performed prior
to ENGINEER'S review and approval of pertinent submittal will be at CONTRACTOR'S sole
— expense and responsibility.
1.09 SUBSTITUTIONS
A. ENGINEER's Evaluation:
1. ENGINEER will be allowed reasonable time within which to evaluate each proposed
substitute. ENGINEER will be sole judge of acceptability. No substitute will be ordered,
installed or utilized until ENGINEER'S review is complete,which will be evidenced by either a
Change Order or approved Shop Drawing. ENGINEER will advise CONTRACTOR in writing
of any negative determination. OWNER may require CONTRACTOR to furnish, at
CONTRACTOR'S expense, special performance guarantee or other surety with respect to
any substitute.
— 01316-4 Hwy63MHRehab-113632(60184424.61)
1.10 LIMITATIONS ON ENGINEER'S AUTHORITY AND RESPONSIBILITIES
— A. Neither ENGINEER'S authority or responsibility under this Specification Section or under any other
provision of Contract Documents nor any decision made by ENGINEER in good faith to either
exercise or not exercise such authority or responsibility or undertaking, exercise, or performance of
any authority or responsibility by ENGINEER shall create, impose, or give rise to any duty in
contract, tort, or otherwise owed by ENGINEER to CONTRACTOR, any Subcontractor, any
Supplier, or any other individual or entity, or to any surety for or employee or agent of any of them.
B. Whenever in Contract Documents terms"as allowed", "as approved"or terms of like effect or import
are used, or adjectives"reasonable", "suitable","acceptable,""proper"or"satisfactory"or adjectives
of like effect or import are used to describe action or determination of ENGINEER as to Work, it is
— intended that such action or determination will be solely to evaluate, in general,completed Work for
compliance with requirements of and information in Contract Documents and conformance with
design concept of completed Project as functioning whole as shown or indicated in Contract
Documents (unless there is specific statement indicating otherwise). Use of any such term or
adjective shall not be effective to assign ENGINEER any duty or authority to supervise or direct
performance of Work or any duty or authority to undertake responsibility contrary to provisions of
Contract Documents.
— C. ENGINEER will not supervise, direct, control or have authority over or be responsible for
CONTRACTOR'S means, methods,techniques,sequences or procedures of construction,or safety
precautions and programs incidental thereto, or for any failure of CONTRACTOR to comply with
Laws and Regulations applicable to performance of Work. ENGINEER will not responsible for
CONTRACTOR'S failure to perform Work in accordance with Contract Documents.
D. ENGINEER will not be responsible for acts or omissions of CONTRACTOR or of any Subcontractor,
— any Supplier, or of any other individual or entity performing any Work.
E. Limitations upon authority and responsibility set forth shall also apply to ENGINEER's Consultants,
_ Resident Project Representative, and assistants.
PART 2 PRODUCTS
(Not Used)
PART 3 EXECUTION
(Not Used)
*** END OF SECTION ** *
01316-5 Hwy63MHRehab-113632(60184424.61)
SECTION 01340
SUBMITTALS
PART 1 GENERAL
1.01 SUMMARY
A. Section specifies procedural requirements for Work-related(non-administrative)submittals including
Shop Drawings, substitutions, product data, samples, test data, operations and maintenance data,
and other miscellaneous Work-related submittals.
1. Submittals for record drawings are specified in Section 01788.
B. Administrative Submittals: Procedures concerning items such as listing of manufacturers,Suppliers,
Subcontractors, Construction Progress Schedule, schedule of Shop Drawing submissions, bonds,
payment applications, insurance certificates, and schedule of values are specified elsewhere.
C. Work-Related Submittals:
1. Substitutes and "Or Equal" Items:
a. Includes material or equipment described in Paragraph 6.05 of General Conditions
which CONTRACTOR requests ENGINEER to accept, after Effective Date of the
Agreement.
2. Shop Drawings:
— a. Includes technical data and drawings specially prepared for this Project, including
fabrication and installation drawings, diagrams, data sheets, schedules, templates,
patterns, reports, instructions, design mix formulas, measurements, and similar
information not in standard printed form.
b. Standard catalog type information prepared without specific reference to Project is not
considered as Shop Drawing.
3. Product Data:
a. Includes standard catalog type printed information on manufactured materials,
equipment and systems that has not been specially prepared for this Project, including
manufacturer's product specifications, catalog cuts, standard wiring diagrams, printed
performance curves, mill reports, and standard color charts.
4. Samples:
a. Includes fabricated and manufactured physical examples of materials, products, and
units of work, includes complete units, partial cuts of manufactured or fabricated work,
swatches showing color, texture, and pattern, and units of work to be used for
independent inspection and testing.
b. Mock-ups are special forms of samples too large or otherwise inconvenient for handling
in manner specified for transmittal of sample submittals.
5. Test Results:
a. Includes source and field quality inspection and test reports,actual performance curves,
and certifications of results prepared specifically for equipment, material, and systems
provided for this Project.
b. Standard catalog charts or standard test results are considered Product Data.
01340-1 Hwy63MHRehab-113632(60184424.61)
6. Operations and Maintenance Data:
a. Includes information and directions for operating and maintaining equipment provided
and installed for this Project. May be standard for equipment or prepared specifically for
this Project.
7. Miscellaneous Submittals:
a. Work-related submittals that do not fit in previous categories, includes schedules,
— photographs, guarantees, warranties, certifications, maintenance agreements,
workmanship bonds,survey data and reports, physical work records,copies of industry
standards, field measurement data, extra materials, keys, and similar information,
devices, and materials applicable to Work.
1.02 SUBMITTAL PROCEDURES
A. Scheduling:
1. CONTRACTOR is not required to submit preliminary or final schedule of Shop Drawing and
sample submittals as required in Subparagraph 2.05.B and Paragraph 2.07 of General
Conditions.
B. Coordination:
1. Coordinate preparation and processing of submittals with performance of Work. Coordinate
each submittal with other submittals and related activities such as substitution requests,
testing, purchasing, fabrication, delivery, and similar activities requiring sequential activity.
2. Coordinate submission of different units of interrelated Work so one submittal not be delayed
by ENGINEER'S need to review related submittal. ENGINEER may withhold action on
submittal requiring coordination with other submittals until related submittals are provided.
3. Prepare and transmit each submittal sufficiently in advance of scheduled performance of
related Work and other applicable activities.
C. Submittal Preparation:
1. Stamp and sign each submittal certifying to review of submittal, verification of material, and
equipment, field measurement, field construction criteria, and coordination of information
within submittal with Contract Documents.
2. Transmittal Form: Identify following:
a. Date of submittal and dates of previous submittals.
b. Project title and number.
c. Submittal number.
d. Contract identification.
e. Names of:
1) CONTRACTOR.
2) Supplier.
3) Manufacturer.
f. If submittal is for substitute item of material or equipment, identify as "substitute" on
transmittal and include "Contractor's Application for Consideration of Substitute"with
submittal
g. Identification of equipment and material with equipment identification numbers, motor
numbers, and Specification section number.
h. Variations from Contract Documents.
01340-2 Hwy63MHRehab-113632(60184424.61)
D. Resubmittal Preparation:
1. Comply with requirements described in Submittal Preparation above, and in addition:
a. Identify on transmittal form submittal is resubmission.
b. Make corrections or changes in submittals required by ENGINEER'S notations on
returned submittal.
c. Respond to ENGINEER'S notations:
1) On transmittal or separate page attached to CONTRACTOR'S resubmission
transmittal,answer or acknowledge in writing notations or questions indicated by
ENGINEER on ENGINEER'S transmittal form returning reviewed submission to
CONTRACTOR.
2) Identify each response by question or notation number established by
ENGINEER.
3) If CONTRACTOR does not respond to each notation or question, resubmission
will be returned without action by ENGINEER until CONTRACTOR provides
written response to ENGINEER'S notations or questions.
d. CONTRACTOR-initiated revisions or variations.
1) On transmittal form, identify variations or revisions from previously reviewed
submittal, other than those called for by ENGINEER.
-- 2) ENGINEER'S responsibility for variations or revisions is established in Article 6.17
of General Conditions.
1.03 SPECIFIC SUBMITTAL REQUIREMENTS
A, General:
1. Specific submittal requirements for individual units of Work are specified in applicable
Specification section. Except as otherwise indicated in Specification sections, comply with
requirements specified below for each indicated type of submittal.
2. If ENGINEER has responded to Written Clarification/Interpretation/Request submitted by
CONTRACTOR, CONTRACTOR shall include ENGINEER'S response with applicable
submittal.
B. Requests for Substitute Items:
1. Collect data for items to be submitted for review as substitute items into one submittal for
each item of material or equipment in accordance with Paragraph 6.05 of General Conditions.
2. Include completed "Contractor's Application for Consideration of Substitution" form as
required by Supplementary Conditions.
3. Submit with other scheduled submittals for material or equipment allowing time for
ENGINEER to evaluate additional information required to be submitted.
4. If CONTRACTOR requests to substitute for material or equipment specified,but not identified
in Specification as requiring submittals,CONTRACTOR shall indicate substitution submittal in
Submittal Schedule.
01340-3 Hwy63MHRehab-113632(60184424.61)
C. Shop Drawings:
-- 1. Submit newly prepared information, with graphic information at accurate scale and name of
preparer indicated (firm name). Show dimensions and note which are based on field
measurement, identify materials and equipment included in Work, and revisions on
resubmittals. Indicate compliance with standards and notation of coordination requirements
with other Work. Highlight,encircle or otherwise indicate variations from Contract Documents
or previous submittals.
2. If Drawings prepared by ENGINEER are used in preparation of Shop Drawings, remove
ENGINEER'S identification.
3. Provide 8 in. by 3 in. blank space for CONTRACTOR and ENGINEER stamps.
4. Submittals:
a. Submit 1 reverse sepia reproducible and 1 blue line or black line print for drawings
larger than 11 in. by 17 in., reproducible will be returned.
b. Submit 2 blue line or black line prints for other drawings.
D. Product Data:
1. Preparation:
a. Collect required data into single submittal for each unit of Work or system. Where
product data includes information on several similar materials or equipment, some of
which are not required for use on Project or not included in submittal, mark copies to
show which items are not applicable to Project.
b. Where product data must be specially prepared for equipment, materials or systems,
because standard printed data is not suitable for use,submit data as Shop Drawing and
not as product data.
2. Submittals:
a. Submit 6 copies.
b. Submittal is final when ENGINEER returns submittal marked"Approved,"or"Approved
as Noted".
3. Distribution:
a. Maintain one set of product data (for each submittal) at Project site, available for
reference by ENGINEER and others.
E. Samples:
1. Preparation:
a. Provide samples physically identical with proposed materials or equipment to be
incorporated into Work. Where variations in color, pattern or texture are inherent in
material or product represented by sample, submit multiple units (not less than 3)
showing approximate limits of variations.
b. Provide full set of option samples where selection by ENGINEER is required.
c. Include information with each sample to show generic description, source or product
name and manufacturer, limitations, and compliance with standards.
d. Submit samples for ENGINEER'S visual review of general generic kind,color, pattern,
texture, and for final check of coordination of these characteristics with other related
elements of Work.
01340-4 Hwy63MHRehab-113632(60184424.61)
e. Mock-ups and similar samples specified in Specification sections are recognized as
special type of samples. Comply with samples submittal requirements to greatest
extent possible.
2. Submittals:
a. At CONTRACTOR'S option, and depending upon nature of anticipated response from
ENGINEER, initial submittal of samples may be preliminary or final submittal.
b. Preliminary submittal, of single set of samples, required where Specification's indicate
ENGINEER'S selection of color, pattern, texture or similar characteristics from
manufacturer's range of standard choices is necessary. Preliminary submittals will be
reviewed and returned with ENGINEER'S "Action" noted.
c. Final Submittals: Submit 3 sets of samples in final submittal, 1 set will be returned.
3. Distribution:
a. Maintain returned set of samples at Project site, in suitable condition and available for
quality control comparisons throughout course of performing Work.
F. Test Results:
1. Preparation:
a. Identify each test by Specification section and type of test.
2. Submittals:
a. Submit 3 copies.
b. Submittal is to confirm that results of tests verify materials, products, and systems
comply with Contract Documents and are not for approval.
3. Distribution:
a. Unless otherwise required in Specifications, test results shall be submitted to
ENGINEER'S field office or if ENGINEER has no field office to ENGINEER'S office.
G. Miscellaneous:
1. Guarantees, Warranties, Maintenance Agreements, and Workmanship Bonds:
a. Refer to Specification sections for requirements. Submittal is considered final when
submittal returned by ENGINEER, marked "Approved"or"Approved as Noted."
b. In addition to copies desired for CONTRACTOR'S use, furnish 2 executed copies.
Provide 2 additional copies where required for maintenance data.
2. Survey Data:
a. Refer to Specification sections for requirements on property surveys, building or
structure condition surveys, field measurements, quantitative records of actual Work,
damage surveys, photographs, and similar data. Copies will not be returned.
1) Survey Copies: 2 copies.
2) Final Property Survey: 10 copies.
3) Condition Surveys: 2 copies.
01340-5 Hwy63MHRehab-113632(60184424.61)
3. Certifications:
a. Refer to Specification sections for requirement on submittal of certifications. Submit
6 copies. Certifications are submitted for review of conformance with specified
requirements and information.
4. Closeout Submittals:
a. Refer to Specification sections for requirements on submittal of closeout information,
materials, tools, and similar items.
1) Materials and Tools: Spare parts, extra and overrun stock, maintenance tools
and devices, keys, and similar physical units to be submitted.
2) Operating and maintenance data.
H. Operating and Maintenance (O&M) Data:
1. Organize operations and maintenance information into suitable sets of manageable size,and
bind into individual binders properly identified and indexed (thumb-tabbed). Include
emergency instructions, spare parts listing, copies of warranties, wiring diagrams,
recommended "turn-around" cycles, inspection procedures, Shop Drawings, Product Data,
and similar applicable information.
a. Shop Drawings and other submittals included in O&M data shall be corrected to include,
in same format and style as original submittal, review comments.
2. Binders: Heavy duty 2 in., 3-ring vinyl covered, include pocket folders for folded sheet
information. Mark identification on front and spine of each binder.
3. Submit after equipment requiring O&M data has been returned "Approved"or"Approved as
Noted".
4. Submit 2 copies of each manual.
I. General Distribution:
1. Unless required elsewhere, provide distribution of submittals to Subcontractors, suppliers,
governing authorities, and others as necessary for proper performance of Work.
2. Provide copies of submittals bearing ENGINEER'S action stamp to:
a. Job site file.
b. Record documents file.
1.04 ACTION ON SUBMITTALS
A. ENGINEER'S Action:
1. General:
a. Except for submittals for record and similar purposes, where action and return on
submittals is required or requested, ENGINEER will review each submittal, mark with
appropriate action, and return. Where submittal must be held for coordination,
ENGINEER will so advise CONTRACTOR without delay.
b. ENGINEER will stamp each submittal with uniform, self-explanatory action stamp,
appropriately marked with submittal action.
2. Notification of Insufficient Information:
01340-6 Hwy63MHRehab-113632(60184424.61)
a. If information submitted is not sufficient to complete review of submittal, ENGINEER will
send transmittal to CONTRACTOR notifying CONTRACTOR that additional information
is required.
b. Submittal will be placed in an "on hold" status and not returned until CONTRACTOR
provides additional information.
3. Unsolicited Submittals: ENGINEER will return unsolicited submittals to CONTRACTOR
without reviewing.
B. Action Stamp:
1. Marking: Approved.
a. Final Unrestricted Release: When submittals are marked as"Approved,"Work covered
by submittal may proceed provided it complies with Contract Documents. Acceptance
of Work depends on that compliance.
2. Marking: Approved As Noted.
a. Final-But-Restricted Release: When submittals are marked as"Approved With Noted
Exceptions," Work covered by submittal may proceed provided it complies with
ENGINEER'S notations or corrections on submittal and with Contract Documents.
Acceptance of Work depends on that compliance. Resubmittal not required.
3. Marking: Not Approved.
a. Submittal Not Accepted: When submittals are marked as "Not Approved," do not
proceed with Work covered by submittal. Work covered by submittal does not comply
with Contract Documents.
b. Prepare new submittal for different material or equipment supplier or different product
line or material of same supplier complying with Contract Documents.
4. Marking: Revise and Resubmit.
a. Returned for Resubmittal: When submittals are marked as"Revise and Resubmit,"do
not proceed with Work covered by submittal. Do not permit Work covered by submittals
to be used at Project site or elsewhere where Work is in progress.
b. Revise submittal or prepare new submittal in accordance with ENGINEER'S notations in
accordance with resubmittal requirements of this section. Resubmit without delay.
Repeat if required to obtain different action marking.
PART 2 PRODUCTS
(Not Used)
PART 3 EXECUTION
(Not Used)
*** END OF SECTION ***
01340-7 Hwy63MHRehab-113632(60184424.61)
SECTION 01455
TESTING
PART 1 GENERAL
1.01 SUMMARY
A. Measurement and Payment
1. Testing and furnishing of samples required to be provided by CONTRACTOR will not be paid
for separately but shall be considered incidental to unit price of item to which it applies.
B. CONTRACTOR shall employ services of independent testing laboratory approved by OWNER to
perform testing.
C. CONTRACTOR shall cooperate with ENGINEER to facilitate execution of assurance testing deemed
necessary by ENGINEER.
1.02 SYSTEM DESCRIPTION
A. Production Testing:
1. Materials produced off-site and incorporated into Work shall comply with the Contract
Documents.
a. Provide certifications of compliance.
2. On-site testing to confirm that material or equipment comply with Contract Document shall be
provided by CONTRACTOR.
a. On-site testing to confirm that methods used by CONTRACTOR result in conformance
with Contract Documents shall be provided by CONTRACTOR. ENGINEER will not
perform production testing, but CONTRACTOR shall inform ENGINEER of production
testing schedule so ENGINEER, at ENGINEER'S option, may observe testing.
-- b. CONTRACTOR is responsible that materials and completed construction comply with
Contract Documents.
B. Assurance Testing:
1. Testing performed on-site by ENGINEER or an independent testing laboratory to determine if
CONTRACTOR'S work or materials comply with Contract Documents.
2. Materials used for assurance testing shall be furnished by CONTRACTOR. CONTRACTOR
shall provide labor and equipment needed to provide access to areas for assurance testing.
This includes, but is not limited to, excavation of backfill to various depths for testing.
3. Density of subgrades, trench backfill and crushed stone bases/surfaces.
a. CONTRACTOR shall employ an independent testing laboratory to gather, test and
report on representative earth samples and to provide results of Standard Proctor
Density test in accordance with Iowa DOT Materials Laboratory Test Method 103.
Samples tested shall be representative of earth materials used for backfilling structures
and trenches.
01455-1 Hwy63MHRehab-113632(60184424.61)
b. CONTRACTOR shall employ an independent testing laboratory to gather representative
crushed stone base/surface materials and provide the results of Standard Proctor
Density test in accordance with Iowa DOT Materials Laboratory Test Method 103.
C. Results of assurance testing or production testing provided by CONTRACTOR shall, in no way,
relieve CONTRACTOR of obligations to comply with Contract Documents.
PART 2 MATERIALS
(Not Used)
PART 3 EXECUTION
(Not Used)
* * * END OF SECTION * **
01455-2 Hwy63MHRehab-113632(60184424.61)
SECTION 01788
PROJECT RECORD DOCUMENTS
PART 1 GENERAL
1.01 SUMMARY
A. Maintain at site one record copy of:
1. Drawings.
2. Project Manual.
3. Addenda.
4. Change orders and other modifications to Contract.
5. ENGINEER's Field Orders,Work Change Directives,Written Amendments,or clarifications.
6. Returned Shop Drawings and other submittals.
7. Field test records.
8. Associated permits.
1.02 SUBMITTALS
— A. At Substantial Completion:
1. Deliver 1 marked up set of Drawings to ENGINEER for use in preparation of record drawings.
B. Submit with transmittal letter containing following:
1. Date.
2. Project title and number.
3. CONTRACTOR'S name and address.
4. Title of record document.
5. Signature of CONTRACTOR or authorized representative.
PART 2 PRODUCTS
(Not Used)
PART 3 EXECUTION
3.01 MAINTENANCE OF DOCUMENTS AND SAMPLES
A. Store record documents and samples in on-site apart from documents used for construction.
1. Provide files and racks for storage of documents.
2. Provide secure storage space for storage of samples.
B. Maintain record documents in clean, dry, legible condition and in good order. Do not use record
documents for construction purposes.
C. Make record documents and samples available for inspection by ENGINEER or OWNER.
D. Failure to properly maintain record documents may be reason to delay portion of progress payments
until records comply with Contract Documents.
01788-1 Hwy63MHRehab-113632(60184424.61)
3.02 RECORD DOCUMENTS
— A. General:
1. Maintain 1 complete set of Drawings and Project Manual, including Addenda, legibly
— annotated to show changes made during construction.
2. Label each document"PROJECT RECORD" in neat, large printed letters.
3. Record information concurrently with construction progress:
— a. Do not conceal Work until information is recorded.
b. Record changes made by Written Amendment, Field Order, Change Order or Work
Directive Change and identify document number.
4. Give particular attention to concealed equipment and materials that would be difficult to
measure and record at later date.
— B. Drawings:
1. Graphically depict changes by modifying or adding to plans, details, sections, elevations, or
schedules.
— 2. Make changes on each sheet affected by changes.
3. Dimensions:
— a. Depths of various elements of foundation in relation to finish first floor datum.
b. Horizontal and vertical locations of underground utilities and appurtenances,referenced
to permanent surface improvements.
— 4. Location of internal utilities and appurtenances concealed in construction, referenced to
visible and accessible features of structure.
5. Details not on original Drawings.
— 6. Location and identification of exposed interior piping, including those shown schematically on
Drawings.
7. Size of equipment and location including connections.
8. Electrical and Instrumentation:
a. Horizontal and vertical locations and size of underground cable,conduit,and duct runs
dimensioned from established building lines.
— b. Plan location and size of interior concealed and exposed feeders.
c. Size and location of access panels.
d. Variations from original Drawings.
— C. Specifications:
1. Mark Specification sections to show substantial variations in actual Work performed in
— comparison with text of Specifications and modifications.
2. Include variations in products delivered to site and from manufacturer's installation
instructions and recommendations.
3. Give particular attention to substitutions and selection of options and similar information.
4. Note related record drawing information and Product Data.
*'* END OF SECTION ** '
01788-2 Hwy63MHRehab-113632(60184424.61)
SECTION 02232
SITE PREPARATION
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes:
1. Stripping topsoil.
2. Demolition and miscellaneous surface features.
1.02 DEFINITIONS
A. Structures and Surface Features: Existing structures and surface features including buildings,
pavements, curb and gutter, signs, posts,fences, trees, shrubs, landscaped surface features, and
other miscellaneous items.
B. Utilities: Existing gas mains, water mains, steam lines, electric lines and conduits, telephone and
other communication lines and conduits, sewer pipe, cable television, other utilities, and
appurtenances.
C. Salvaged Topsoil: Natural loam, sandy loam, silt loam, silty clay loam, or clay loam humus-bearing
soils available from overlying portions of areas to be excavated for construction.
PART 2 PRODUCTS
(Not Used)
PART 3 EXECUTION
3.01 PREPARATION
A. Provide 3 working days notice, prior to beginning construction, to owners of existing utilities,
structures, and surface features.
B. Provide protection and support during construction for existing utilities, structures, and surface
features.
C. Remove obstructions such as mounds of dirt, stone or debris located within limits of construction.
Obstructions such as street signs, culverts, end walls, advertising signs, mail boxes, and guard
posts may be removed if replaced when need for removal is completed. Replace to original
condition.
3.02 STRIPPING TOPSOIL
A. Strip stockpile areas of vegetation prior to stockpiling.
B. Stripped topsoil shall be free from clay, stones, vegetation, and debris.
02232-1 Hwy63MHRehab-113632(60184424.61)
3.03 DEMOLITION
A. Demolition includes cutting and breaking out existing concrete and masonry, and removal of
equipment, piping, pavement, utilities,structures,and surface features in direct conflict with Work or
required to be demolished as shown on Drawings.
B. Protect utilities, structures, surface features, and facilities which are to remain in-place.
3.04 RESTORATION
A. Restore existing utilities, surface features, and structures to condition equal to condition which
existed prior to construction.
B. Replace to original condition or better, damaged landscape work such as trees, shrubs, and grass
within and outside of construction limits.
*** END OF SECTION
02232-2 Hwy63MHRehab-113632(60184424.61)
SECTION 02316
TRENCHING, BACKFILLING, AND COMPACTING
PART 1 GENERAL
1.01 DEFINITIONS
A. Influence Zone Around Piping or Electrical Ducts: Area below limits bounded by line 6 in.below pipe
or duct and by 1 horizontal to 2 vertical slope extending outward from that line 1 ft beyond outer
edge of pipe or duct.
B. Influence Zone Under Foundations, Pavements or Sidewalks: Area below foundation or pavement
and sidewalk subbase bounded by 1 horizontal to 2 vertical slope extending outward from 1 ft
beyond outer edges of foundation, pavement or sidewalk.
C. Unsuitable Material: Topsoil, peat, organic soils, and materials containing slag, cinders, foundry
sand, debris, and rubble or soil with less than required bearing capacity as determined by
ENGINEER.
D. Rock Excavation:
1. Removal of solid homogeneous interlocking crystalline material with firmly cemented,
laminated or foliated masses or conglomerate deposits, neither of which can be removed
without systematic drilling and blasting, drilling and use of expansive jacks or feather wedges
or use of backhoe-mounted pneumatic hole punchers or rock breakers;also large boulders,
buried masonry or concrete other than pavement exceeding 1 CY in volume.
2. Term "rock excavation"shall be understood to indicate method of removal and not geological
formation.
3. Removal of"hard material" by intermittent drilling and blasting performed merely to increase
production shall not be considered "rock excavation."
E. Hard material: Weathered rock, dense consolidated deposits, conglomerate materials(excluding
manmade materials such as concrete) which are not included in definition of "rock" but which
— usually require use of heavy excavation equipment, ripper teeth or jack hammers for removal.
1.03 SUBMITTALS
A. Test results.
B. Shoring, Bracing, and Sheet Piling Construction Procedures and Details: ENGINEER will review
submitted material to ascertain shoring effect on new construction. ENGINEER will not review
shoring, bracing, and sheet piling construction procedures and details for structural integrity or effect
on existing facilities.
C. Submit in accordance with General Special Provisions.
1.04 PROJECT/SITE CONDITIONS
A. Do not block or obstruct sidewalks or pavements with excavated materials,except as authorized by
OWNER. Trim banks to minimize inconvenience to public travel.
02316-1 Hwy63MHRehab-113632(60184424.61)
B. Rock Excavation:
1. Do not blast or use explosives unless approved by OWNER and ENGINEER.
2. Adhere to federal, state, and local ordinances regulating blasting operations if blasting to be
done.
3. CONTRACTOR responsible for damage due to blasting operations.
C. Sheeting, Bracing, and Shoring:
1. When close sheeting required, drive to prevent soil from entering trench below or through
such sheeting.
2. Fill voids remaining after sheeting pulled with sand or other approved material.
PART 2 PRODUCTS
2.01 FINE AGGREGATE
A. Granular material, consisting of durable particles ranging in size from fine to coarse in substantially
uniform combination. Unwashed bank-run sand and crushed bank-run gravel will be considered.
1. Gradation No. 1:
— Sieve Size % Passing by Weight
1 in. 100
No. 16 45-80
No. 200 2 - 10
2. Gradation No. 2:
Sieve Size % Passing by Weight
1 in. 100
3/4 in. 85- 100
3/8 in. 50 -80
No. 4 35 -65
No. 40 15 - 30
No. 200 5- 15
2.02 COARSE AGGREGATE
A. Crushed stone chips from crushing sound limestone or dolomite ledge rock or other rock materials
of regional availability shall be hard, tough, and durable.
02316-2 Hwy63MHRehab-113632(60184424.61)
1. Gradation No. 1:
Sieve Size % Passing by Weight
1/2 in. 100
3/8 in. 90 - 100
No. 8 0 - 15
No. 30 0 - 3
2. Gradation No. 2 (ASTM C33-Size No. 67):
Sieve Size % Passing by Weight
1 in. 100
3/4 in. 90- 100
3/8 in. 20- 55
No. 4 0 - 10
No. 8 0 -5
3. Gradation No. 3 (ASTM C33-Size No. 2):
Sieve Size % Passing by Weight
3 in. 100
2-1/2 in. 90 - 100
2 in. 35 - 70
1-1/2 in. 0 - 15
3/4 in. 0 -5
4. Gradation No. 4(ASTM C33 -Size No. 3):
Sieve Size % Passing by Weight
2-1/2 in. 100
2in. 90- 100
1-1/2 in. 35- 70
1 in. 0- 15
1/2 in. 0- 5
2.03 STRUCTURAL FILL
A. Well-graded sand,well-graded sand and gravel,crushed stone or other approved granular material,
of 2 in. maximum size, free from organic and deleterious materials.
— B. Plasticity Index: With ASTM D4318, 6 or less.
_ 02316-3 Hwy63MH Rehab-113632(60184424.61)
C. Maximum Fines: ASTM D1140, 15% clay or 20% silt-clay.
D. Uniformity Coefficient: 10 or greater.
2.04 CONTROLLED FILL
A. Natural soils classified as CL, SM, SC or ML in Unified Soil Classification System.
B. Maximum Liquid Limit: ASTM D4318, 30.
C. Plasticity Index: ASTM D4318, 10.
2.05 EARTH FILL
A. Subsoil, excess topsoil or sand, free of wood, peat, cinders, vegetable matter or other rubbish.
B. Rubble such as rock, boulders, concrete, and other approved inorganic materials.
PART 3 EXECUTION
3.01 EXAMINATION
A. Examine surfaces to receive fill to determine existence of areas loosened by frost action, softened
by flooding or weather or of unsuitable materials.
3.02 PREPARATION
A. Notify corporations, companies, individuals or authorities owning above or below ground conduits,
wires, pipes or other utilities running to property or encountered during excavating operations.
B. Cap or remove and relocate services in accordance with instructions by owners of services.
C. Protect, support, and maintain conduits, wires, pipes, and other remaining utilities in accordance
with requirements of owners of said services.
D. Remove and replace or compact natural soils or compacted fills softened by frost, flooding or
weather.
E. Remove unsuitable material from within trenches.
F. Stabilize trench bottom and replace unsuitable material with coarse aggregate gradation No. 3 or 4.
G. Dewatering:
1. Keep construction site free-draining.
2. Keep excavations free from water except where river crossing pipe used.
3. Maintain groundwater minimum of 12 in. below excavations.
4. Remove soil which disturbed by pressure or flow of groundwater and replace with free
draining material.
5. Maintain dewatering systems to prevent uplifting of structures.
6. Protect adjacent properties from damage resulting from dewatering operations.
7. Dewatering wells shall be drilled, maintained, and abandoned in accordance with federal,
state, and local ordinances.
02316-4 Hwy63MHRehab-113632(60184424.61)
3.03 EXCAVATION
A. Excavate to elevations and dimensions necessary to complete construction.
B. Trenching Tolerances:
1. Excavate so pipes, ducts, and conduits can be laid straight at uniform grade,without sags or
humps, between elevations shown on Drawings.
2. Maximum width of excavation at top of pipe shall be outside dia of pipe plus 24 in. When
stringers and sheathing are required,width of trench may be increased to allow for their use,
provided provisions for this excess width of trench are met.
3. Where trench width for that portion of trench depth between trench bottom and outside top of
pipe barrel, for any reason within CONTRACTOR'S control, exceeds specified limits,
CONTRACTOR, at his expense, shall furnish pipe with strength adequate for actual trench
width.
4. Minimum trench width shall be outside pipe dia plus 18 in.
C. Do not advance excavation of trenches more than 300 ft ahead of completed pipe installation.
D. Do not excavate for manholes and other structures until scheduled for construction.
E. Do not excavate within influence zone of existing footings or foundations without prior approval of
ENGINEER.
F. Upon completion of excavation, notify ENGINEER before proceeding with further Work.
G. Excavation of Rigid Surfacing:
1. Remove width 1 ft beyond anticipated edge of excavation.
2. Saw to ensure straight joint.
3. Surface replacement shall match existing surfacing.
H. Excavation Across Roadways: Excavation, backfill, and surface replacement shall conform to
requirements of local highway authority. In no case shall surface replacement edges bear on less
— than 12 in. of undisturbed soil.
3.04 FILL USAGE
A. Bedding and Cover Materials:
1. Ductile Iron Pipe: Compacted earth fill unless otherwise shown on plans.
B. Controlled or Structural Fill: Within piping influence zone and within influence zone under
pavements or sidewalks.
C. Earth Fill: Other areas not previously specified.
3.05 PLACING FILL
A. Notify ENGINEER before placing fill material.
B. Do not use frozen material or place fill on frozen subgrade.
02316-5 Hwy63MHRehab-113632(60184424.61)
C. Bedding Material Limits:
1. Other Piping: Minimum of 6 in.below, minimum of 5 in. below bell of pipe,to spring line,and
entire trench width.
D. Cover Material Limits:
1. Minimum 12 in. above and 12 in. each side.
E. Trench backfill beyond limits of cover material specified above shall be as specified elsewhere in
this section.
F. Where pipes or electrical ducts cross, protect piping or ducts at higher elevation by backfilling trench
within higher pipe or duct influence zone down to bedding of lower pipe or duct with structural fill or
controlled fill.
G. Where pipes or electrical ducts leave structures, protect by backfilling pipe or duct influence zone
down to undisturbed soil with structural or controlled fill.
H. Do not backfill until new concrete has properly cured and required tests accepted.
Place fill simultaneously on both sides of free-standing structures.
J. Provide mechanical compaction for cohesive material and vibratory compaction for granular
materials. When approved by ENGINEER,jetting,flooding, puddling or vibroflotation methods may
be used for compacting if CONTRACTOR furnishes test results to confirm required degree of
compaction being obtained uniformly throughout entire mass.
K. Lift Thickness and Compaction: Place and compact fill materials in maximum lift thickness and to
minimum densities listed below.
Lift Standard Relative
Location Thickness Proctor Density
(in.) (%) (%)
Granular Material (Pervious Zones)
Sidewalk, Paving or Piping Influence 12 95 80
Zone Cohesive Material (Impervious Zones)
8 95 --
Bedding Material or Cover Material 6 95 70
Lawns and Landscaped Areas 12 95 50
3.06 ADJUSTMENT AND CLEANING
A. Excess Material:
1. OWNER has first right to excess excavated material suitable for backfilling or site grading not
required at job site.
2. Deliver to site not greater than 5 miles away as determined by OWNER.
3. Remove material not required by OWNER from site.
02316-6 Hwy63MHRehab-113632(60184424.61)
B. Stockpile excavated material suitable for backfill on designated site. Place no fill where trenches for
sewers, water lines or other utilities will be located.
C. Place excavated material not suitable for backfilling or site grading and other unsuitable materials in
designated spoil areas and grade to drain. If spoil areas not provided on-site, remove excess
material from site.
*'* END OF SECTION 'F
02316-7 Hwy63MHRehab-113632(60184424.61)
SECTION 02485
SEEDING, MULCHING AND FERTILIZIER
PART 1 GENERAL
1.01 DESCRIPTION
A. This section contains requirements for seedbed preparation, seeding, fertilizing and mulching.
B. Seed areas disturbed by construction activities and shown on the plans to receive seeding.
C. Definitions:
1. IDOT Specifications or IDOTSPECS: As stated in Section 01112 of these
Specifications.
PART 2 PRODUCTS
2.01 MATERIALS
A. Mulch: Seeding areas shall be mulched and meet requirements of Section 2601.06 - Mulching,
of IDOTSPECS.
B. Fertilizer: Fertilizer shall be of type and applied at rate as required in Section 2601.04 of
IDOTSPECS.
C. Seed Mixture: Seed mixture in accordance with requirements of Section 2601 of IDOTSPECS
for urban areas.
D. If necessary during construction to meet requirements of the Pollution Prevention Plan, fertilize,
seed and mulch disturbed areas with stabilizing crop seeding in accordance with Section 2601
of IDOTSPECS.
PART 3 EXECUTION
— 3.01 PERFORMANCE
A. Equipment used in seeding operation shall be in accordance with Section 2601.03 of
— IDOTSPECS.
B. Complete work in accordance with requirements of Section 2601.04 of IDOTSPECS.
-- C. Provide seedbed preparation, seed, fertilize and mulch areas disturbed by construction.
D. Water and maintain seeded areas until 2-in. catch of grass is obtained.
E. Reseed and mulch areas where grass does not grow, at no additional cost to OWNER.
**'° END OF SECTION "*`
02485-1 Hwy63MHRehab-113632(60184424.61)
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 therefore and to such other duties as may be delegated to him in these
specifications.
5. CONTRACTOR. The Party of the Second Part in the accompanying contract for the
improvement covered by these specifications, or his authorized representative.
6. SUBCONTRACTOR. Any person, firm, or corporation who has, with the approval of the
Council, contracted with the Contractor to execute and perform in his stead all or any part of the contract.
7. BIDDER. Any individual, firm, or corporation submitting a proposal for all or a part of the
work provided for in these specifications.
8. PROPOSAL GUARANTEE. The security designed in the Notice of Bidders or Proposal
to be furnished by the bidder as a guarantee of good faith to enter into a contract and furnish an
acceptable bond for the work contemplated if it be awarded him.
9. SURETY. The corporate body bound with and for the Contractor for the acceptable
performance of the contract.
10. PROPOSAL. The written Proposal, submitted by the bidder in the prescribed manner
and on the standard form, for the improvements covered by these specifications.
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.
GS-1 Hwy63MHRehab-113632(60184424.61)
13. CONTRACT. The agreement entered into between the City and the Contractor, setting
forth the terms under which the work covered by the plans and specifications is to be performed. The
contract includes all conditions, definitions, and instructions set forth in the official publications relating to
the work, the official contract and specifications, the Proposal, official plans, and all supplemental
agreements entered into by the parties to the contract.
14. NOTICE TO BIDDERS. The notice called attention of bidders to the time and place for
receiving bids, containing a brief description of the work, and briefly setting forth the requirements and
conditions for submission of Proposals.
15. INSTRUCTIONS TO BIDDERS. The clauses setting forth in detail the information
relative to the proposed work and requirements for the submission of Proposals.
16. PLANS. The plans for the improvement covered by the specifications and approved by
the Council, official copies of which are on file with the City Clerk.
— 17. CONTRACT BOND. The bond executed by the Contractor and his surety in favor of the
City of Waterloo, Iowa, guaranteeing the complete execution of the contract in accordance with the plans
and specifications, the payment of all debts pertaining to the work, and maintenance of the work as
provided by law or by the specifications.
18. CONTRACT PERIOD. The period from the specified date for beginning the work to the
specified date of completion, both dates inclusive. The contract period may be extended by the Council,
as provided in these specifications, in which event the contract period includes the new date of
completion.
19. OFFICIAL PUBLICATIONS. The official publications are the formal resolutions and
notices relative to the proposed improvement that are required by law to be published in a prescribed
manner and that have actually been published in accordance with the statutes relating thereto. Attention
is directed to the fact that these official publications are by statute vested with all of the force and effect of
— contract obligations.
20. A.S.T.M. Abbreviation for American Society for Testing Materials.
21. WORK. The term 'Work"of the Contractor and Subcontractor includes labor or materials
or both, equipment, transportation, or other facilities necessary to complete the contract.
22. TIME. All time limits stated in the contract documents are of the essence in the contract.
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.
GS-2 Hwy63MHRehab-113632(60184424.61)
3. CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the Contractor
has, by careful examination, satisfied himself as to the nature, character and location of the work, the
-- conformance to the ground, the character, quality, and quantity of the materials to be encountered, the
character of the equipment and facilities needed preliminary to and during the prosecution of the work,
the general and local conditions, and all other matters which can, in any way, affect the work under this
contract. No verbal agreement or conversation with any officer, agent, or employee of the City, either
before or after the execution of the Contract, shall affect or modify any of the terms or obligations herein
contained.
4. REPORTING ERRORS AND DISCREPANCIES. If the Contractor, in the course of the
work, finds any discrepancies between the plans and the physical conditions of the locality, or any errors
of omission in plans or in the layout as given by said stakes and instructions, it shall be his duty to inform
the Engineer immediately, in writing, and the Engineer shall promptly correct the same.
5. ALTERATION OR CORRECTION OF PLANS. The plans are made up from surveys
that are presumably correct and represent the foreseen construction requirements. Any modification of
the plans which may be required by the exigencies of the construction or any corrections made necessary
because of errors in the original surveys, will be made by the Engineer. Should corrections or
modifications of the plans or specifications require a different quality or class of work than that upon which
the unit prices in the Proposal are based, or if the modifications or corrections are required in parts of the
work partially completed and such modifications result in an increased cost to the Contractor, the amount
to be paid for work resulting from such changes shall be agreed upon in writing at the time the changes
are ordered and before the work is begun by the Contractor. No allowance will be made for anticipated
profits on work not performed.
6. CHANGES IN THE WORK. The City, without invalidating the contract, may order extra
work or make changes by altering, adding to, or deducting from the work, the contract sum being adjusted
by agreement or arbitration before such changed work is undertaken. All such work shall be executed
under the conditions of the original contract, except that any claim for extension of time caused thereby
shall be adjusted at the time of ordering such change.
7. INCREASED OR DECREASED QUANTITIES. The right is reserved without impairing
the contract, to order the performance of such work of a class not contemplated in the Proposal or to
increase or decrease the quantities as may be considered necessary to complete fully and satisfactorily
the work included in the contract. However, when the work is completed without change in the plans, and
the measured quantity of any item of work varies by more than twenty percent (20%) from the estimated
quantity specified in the contract, an adjustment in price may be made for such item of work by
agreement between the Engineer and the Contractor, subject to the approval of the City Council. Either
party to the contract may request such an adjustment.
8. LANDS AND RIGHT OF WAY. The City shall provide the lands upon which the work
under this contract is to be done, except that the Contractor shall provide land required for the erection of
temporary construction facilities and storage of his material, together with the right of access to same.
-- 9. CITY WATER. The Contractor shall be allowed to use City Water but before any water is
used, he shall make application to the Waterloo Water Works for a temporary water connection from a fire
hydrant or by some other connection method. Water usage will be charged at the rate for temporary
water service. The rules, regulations, and water rates are available at the Waterloo Water Works offices
at 325 Sycamore Street or their telephone number is 319-232-6280.
10. RIGHTS OF VARIOUS INTERESTS. Whenever work being done by the City's forces or
by other Contractors is contiguous to work covered by this contract, the respective rights of the various
interests involved shall be established by the Engineer to secure the completion of the various portions of
the work in general harmony.
GS-3 Hwy63MHRehab-113632(60184424.61)
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.
5. STAKES AND INSTRUCTIONS. The Contractor shall provide reasonable and
necessary opportunities and facilities for setting stakes and making measurements. The Contractor shall
not furnish stakes or men to set them. He shall not proceed until he has received from the Engineer such
stakes and instructions as may be necessary to the progress of the work.
The Contractor shall carefully preserve bench marks, reference points, and stakes, and in case of
willful or careless destruction, he shall be charged with the resulting extra expense and shall be
responsible for any mistakes that may be caused, by their loss or disturbance.
�- 6. SUPERINTENDENCE. The Contractor shall keep on his work during its progress a
competent superintendent and any necessary assistants, all satisfactory to the Engineer. The
Superintendent shall not be changed except with the consent of the Engineer, unless the Superintendent
proves to be unsatisfactory to the Contractor and ceases to be in his employ. The Superintendent shall
represent the Contractor in his absence, and all directions given to him shall be as binding as if given to
the Contractor. Important decisions shall be confirmed in writing to the Contractor. Other directions shall
be so confirmed on written request in each case.
The Contractor shall give efficient supervision to the work using his best skill and attention. He
shall carefully study and compare all drawings, specifications, and other instructions, and shall report at
once to the Engineer any error, inconsistency, or omission which he may discover.
GS-5 Hwy63MHRehab-113632(60184424.61)
7. REMOVAL OF UNAUTHORIZED WORK. Work done without lines and grade being
give, work done beyond lines shown on the plans or as given, except as herein provided, or any extra or
additional work done without authority, will be considered as unauthorized and at the expense of the
Contractor and will not be paid for under the provisions of the Contract. Work so done may be ordered
removed and replaced at the Contractor's expense.
8. REMOVAL OF DEFECTIVE MATERIALS OR WORK. The Contractor shall promptly
remove from the premises all materials condemned by the engineer as failing to conform to the Contract;
whether incorporated in the work or not, and the Contractor shall promptly replace and re-execute his
— own work in accordance with the contract and without expense to the City, and shall bear the expense of
making good all work of other Contractors destroyed or damaged by such removal or replacement.
If the Contractor does not remove such condemned work and materials within a reasonable time,
fixed by written notice, the City may remove them and may store the material at the expense of the
Contractor. If the Contractor does not pay the expense of such removal within a reasonable time
thereafter, the City may, upon ten (10) days' written notice, sell such materials at auction or at private sale
and shall account for the net proceeds thereof, after deducting all the costs and expense that should have
been borne by the Contractor; or, if the net proceeds of such sale are insufficient to pay the expenses of
removal, the City may deduct the balance from any amounts due the Contractor.
9. MATERIALS, EQUIPMENT, APPLIANCES, AND FACILITIES. Unless otherwise
stipulated, the Contractor shall provide and pay for all materials, labor, water, tools, equipment, light,
power, transportation, and other facilities necessary for the execution and completion of the work.
Materials shall be of the quality specified for each particular part of the work.
Whenever, in construction of the work or in the manufacture of any article of appliance necessary
for the construction or operation of the work, it is necessary to use any material that is not fully specified
in these specifications, it shall be of good quality and shall meet with the approval of the Engineer.
Any appliance that is necessary for the construction or operation of the work and is commonly
recognized as a part of the work, shall be furnished by the Contractor as part of the work, whether or not
it is specifically called for in the plans and specifications, and such appliance shall be of good quality and
standard make and shall meet with the approval of the Engineer.
10. MATERIAL SAMPLES. Before the contract is awarded, the bidder may be required to
furnish a statement of the origin, composition, and manufacture of any and all materials proposed for use
in the performance of the Contract, together with samples of the material. These samples will be
considered as representative and typical of the material to be obtained from any particular source.
11. CHARACTER OF WORKMEN AND EQUIPMENT. The Contractor shall employ
competent and efficient workmen for every kind of work. Any person employed on the work who shall
refuse or neglect to obey the directions of the engineer or Inspector, or who shall be deemed incompetent
or disorderly, or who shall commit trespass upon public or private property in the vicinity of the work, shall
be dismissed when the Engineer so orders, and shall not be re-employed unless express permission be
— given by the Engineer. The Contractor shall, at all times, enforce discipline and good order among his
employees.
The methods, equipment, and appliances used on the work, and the labor employed, shall be
such as will produce a satisfactory quality of work and shall be adequate to complete the contract within
the specified time limit.
-- 12. HIRING CITY EMPLOYEES. The Contractor shall not employ and hire any of the City's
employees without the permission of the Engineer.
13. LABOR. Local labor shall be given preferences so far as practicable.
GS-6 Hwy63MHRehab-113632(60184424.61)
14. THE CITY'S RIGHT TO DO WORK. If the Contractor should neglect to prosecute the
work properly or fail to perform any provision of this Contract, the City of Waterloo, after three (3) days'
written notice to the Contractor may, without prejudice to any other remedy he may have, make good
such deficiencies and may deduct the cost thereof from the payment then or thereafter due the
Contractor, provided, however, that the Engineer shall approve both such action and the amount charged
to the Contractor.
SECTION D- PROCEDURE AND PROGRESS
1. ORDER OF COMPLETION - USE OF COMPLETED PORTIONS. The Contractor shall
complete any portion or portions of the work in such order or time as the Engineer may require. The City
— shall have the right to take possession of and use completed or partially completed portion of the work at
any time, but such taking possession and use shall not be deemed an acceptance of work so taken or
used, or any part thereof. If such prior use increases the cost of or delays the work, the Contractor shall
be entitled to such extra compensation or extension of time, or both, as the Engineer may determine.
2. WEATHER. During stormy or inclement weather, all work shall be suspended, except
such as can be done in an acceptable manner. Permission to work during freezing, stormy, or inclement
weather shall in no way be construed as a release of the Contractor's responsibility regarding the quality
of the finished work at such time.
3. SUNDAYS AND LEGAL HOLIDAYS. Except for such work as may be required to
— properly maintain or protect completed or partially completed construction or to maintain lights and
barricades, no work will be permitted on Sundays or legal holidays without specific permission of the
Engineer.
4. DELAYS AND EXTENSION OF TIME. If the Contractor be delayed in the completion of
the work by an act of neglect of the City, or its employees; or by any other Contractor employed by the
City; or by changes ordered in the work; or by strikes, lockouts, fire, unusual delays in transportation,
unavoidable casualties, or any cause beyond the Contractor's control; or by delay authorized by the
Engineer pending arbitration; or by any cause which the Engineer shall decide justifies the delay, then the
time of completion shall be extended for such reasonable time as the Engineer may decide will
compensate for such delay.
No such extension shall be made for delay occurring more than thirty (30) days before claim
therefore is made in writing to the Engineer. In the case of a continuing cause of delay, only one claim is
necessary.
This article does not exclude the recovery of damages for delay by either party under provisions
in the contract documents.
5. TEMPORARY SUSPENSION OF WORK. The Engineer shall have authority to suspend
the work, wholly or in part, for such period or periods of time as he may deem necessary, due to
unsuitable weather or such other conditions as are considered unfavorable for the suitable prosecution of
the work, or for such time as is necessary due to the failure to the Contractor to carry out orders given or
to perform any or all provisions of the Contract.
6. NOTICES - HOW SERVED. Any notice to be given by the City to the Contractor under
this contract shall be deemed to be served if the same be delivered to the man in charge of any office
used by the Contractor or his foreman or agent at or near the work, or deposited in the post office,
postpaid, addressed to the Contractor at his last known place of business.
GS-7 Hwy63MHRehab-113632(60184424.61)
7. PROGRESS OF WORK. The progress of the work shall be such that, at the expiration of
one-fourth (1/4)of the contract period, one-eighth (1/8)of the work shall be completed; at the expiration of
one-half (1/2) of the contract period, three-eighths (3/8) of the work shall be completed; at the expiration
of three-fourths (3/4) of the contract period, the work shall be three-fourths (3/4) completed, and the
whole work shall be completed at the expiration of the contract period.
If, at any time the above schedule is not being maintained, the Council may give written notice to
the Contractor and his sureties that the specifications are not being complied with. Such notice shall
state what action on the part of the Contractor is required to bring the work within the requirements of the
specifications. If the Contractor fails, within ten (10) days, to proceed as directed in the said notice, then
the Council shall have authority to annul this contract without process or action at law and take over the
prosecution and completion of the work, as provided under the article covering City's right to terminate
contract.
8. CITY'S RIGHT TO TERMINATE CONTRACT. If the Contractor should be adjudged a
bankrupt; or if he should make a general assignment for the benefit of this creditor; or if a Receiver should
be appointed on account of his insolvency; or if he should persistently or repeatedly refuse or should fail,
except in cases for which extension of time is provided, to supply enough skilled workmen or proper
materials; or if he should fail to make prompt payment to Subcontractors or for materials or labor; or if he
should persistently disregard laws, ordinances, or the instructions of the Engineer; or if he should
otherwise be guilty of a substantial violation of any provision of the contract, then the City, upon the
certificate of the Engineer that sufficient cause exists to justify such action, may, without prejudice to any
other rights or remedy, and after giving the Contractor seven (7) days' written notice, terminate the
employment of the Contractor and take possession of the premises and of all materials, tools and
appliances thereon and finish the work by whatever method he may deem expedient. In such cases, the
Contractor shall not be entitled to receive any further payment until the work is finished.
If the unpaid balance of the contract price shall exceed the expenses of finishing the work,
including compensation for additional managerial and administration services, such excess shall be paid
to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the
difference to the City. The expense incurred by the City as herein provided and the damage incurred
through the Contractor's default shall be certified by the Engineer.
9. REMOVAL OF EQUIPMENT. In the case of annulment of this contract before
completion, from any cause whatsoever, the Contractor, if notified to do so by the City; shall promptly
remove any part or all of his equipment and supplies from the property of the City, failing which, the City
shall have the right to remove such equipment and supplies at the expense of the Contractor.
SECTION E - MEASUREMENTS AND PAYMENT
1. STANDARD OF MEASUREMENT. All work completed under the contract shall be
measured by the Engineer according to the United States standard measures.
2. SCOPE OF PAYMENTS. The Engineer's measurements of quantities shall be the basis
for final payment for the work performed under this Contract. After the work is completed, the Engineer
will make measurements and computations of the number of units of each of the various items of work
completed, and the Contractor will be paid for the actual amount of work performed at the rates specified
in his Proposal. Before final settlement is made, the Council may require the Contractor to submit a list of
all persons furnishing labor or materials, with evidence that such persons have been paid in full. Payment
shall be made in the manner set forth in official publications and Council Proceedings relative thereto.
GS-8 Hwy63MHRehab-113632(60184424.61)
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 therefore 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 therefore, and cost of materials.
(b) Pay of foreman and timekeepers for actual time required on the extra work.
(c) Liability insurance, prorated, for the extra work.
Labor cost items on extra work shall be furnished in duplicate by the Contractor to the Inspector
daily. The Inspector shall check the items, and if he finds them to be correct, he shall so certify on the
statement of cost, returning one copy to the Contractor and filing one copy with the Engineer.
The Engineer shall determine the cost of materials entering into extra work from the materials and
receipted freight bills for the same.
For any special machine, power tools, or equipment, including fuel and lubricants, but not
including small hand tools, which may be deemed necessary or desirable to use, the Contractor shall be
allowed a reasonable rental thereon, to be agreed upon in writing by the Engineer before such work is
begun, and to which sum no percentage is to be added.
The item of cost shall not include repairs or replacement of equipment or overhead expenses of
any character. The fifteen percent (15%) allowed is considered to cover the use of hand tools and all
overhead expenses except liability insurance.
In no case will a claim for extra compensation be allowed unless the work upon which the claim is
based has been ordered in writing, except as provided hereinafter.
4. CLAIMS FOR EXTRA COST. If the Contractor claims that any instructions, by drawings
or otherwise, involved extra cost under this contract, he shall give the Engineer written notice thereof
within ten (10)days after completion of the work.
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.
GS-9 Hwy63MHRehab-113632(60184424.61)
6. COMPLETION REPORT AND OBJECTIONS THERETO. Within ten (10) days after the
full completion of the work to be done under this contract, the Engineer shall make a written statement of
all the work done by the Contractor hereunder, stating the quantity of each item as found by him and
including a statement of all credits for extra work and all credits or debits for changes, alterations,
omissions, and defects, and shall forthwith deliver a copy of such statement to the Contractor. The
Contractor shall compare such statement with his own records and shall then, in writing, either approve
such statement or point out any claimed errors or omissions. If any of such claims are found correct, the
Engineer shall, within ten (10) days, prepare a new statement, a copy of which shall in like manner be
delivered unto the Contractor. The Engineer will not file a formal completion report with the City until the
Contractor has approved the same.
If the figures of the Engineer and the Contractor cannot be reconciled, or there is a difference of
opinion regarding some item or items, then such difference of opinion shall be submitted to arbitration as
hereinafter provided, and the decision of the arbitrator or arbitrators shall be final, and the Engineer shall,
within a period of five (5) days, file his completion report.
Before action by the City Council upon such completion report, the Contractor shall also file a
written statement of any claims he may have against the City, other than those shown by such completion
report, growing out of this contract or the work done hereunder. The City shall retain ten percent (10%) of
the amount due the Contractor on the completion report for a period of thirty (30) days. If no claims are
filed against the Contractor within thirty (30) days, the final ten percent (10%) shall then be paid to the
Contractor.
7. WAIVER. By the execution of this contract ,the Contractor agrees that any objections he
may have to the statement of the amount of work done hereunder included by the Engineer in this
completion report, and any claims of the Contractor against the City growing out of this contract and the
work done hereunder which are not stated in writing in the manner and within the time provided in Article
6, Section E hereof, shall be waived, and no such claim shall thereafter be asserted against the City.
SECTION F - LEGAL RELATIONS AND RESPONSIBILITIES
1. LAWS RELATING TO WORK. The Contractor is presumed to be familiar with all laws,
ordinances, and regulations which may, in any manner, affect those engaged or employed upon the work
or the materials or equipment used in or upon the work, and shall conduct the work so as not to conflict
with such laws, ordinances, and regulations.
2. PROTECTION OF WORK AND PROPERTY. The Contractor for any part of the
improvement shall be held responsible for the care of materials and of partially completed and completed
work until final acceptance of the same by the Council. He will be required to make good at his own
expense any damage which the work may sustain from any cause prior to the filing of the engineer's
certificate of completion. He shall take all risk from floods and casualties of every description and make
no charge for delay due to such cause. He may, however, be allowed a reasonable extension of time on
account of such delays. He shall correct or make good at his own expense all damages to adjacent
property due to the acts or negligence of his employees of the prosecution of his work, and save the City
harmless therefore.
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.
GS-10 Hwy63MHRehab-113632(60184424.61)
4. LIABILITY INSURANCE. The Contractor shall carry liability insurance which shall save
the City harmless and protect the public and any person from injury sustained by the reason of the
prosecution of the work or the handling or storing of materials therefore, and said Contractor shall also
carry liability insurance which shall meet the requirements of the Iowa Worker's Compensation Law.
Before work shall be started on this contract, the Contractor shall furnish the City Clerk with
proper affidavit or Affidavits executed by representatives of duly qualified insurance companies,
evidencing that said insurance company or companies have issued liability insurance policies, effective
during the life of the contract, or for a period of a least ten (10) days following the filing of written notice of
cancellation, protecting the public and any person from injuries or damages sustained by reason of
carrying on the work involved in the Contract. The affidavit shall specifically evidence the following forms
of insurance protection:
(a) Public liability insurance covering all operations performed by persons directly employed
by the Contractor.
(b) Public liability insurance covering all operations performed by any Subcontractor to whom
a portion of the work may have been assigned.
(c) Public liability insurance covering all work upon the project performed by any
independent Contractor working under the direction of either the principal Contractor or a
Subcontractor.
(d) Motor vehicle bodily injury liability insurance and property damage liability insurance on
all motor vehicles employed on the work, whether owned by the Contractor or by other
persons, firms, or corporations.
(e) The minimum protection shall be as follows:
Comprehensive General Liability Insurance
General Aggregate Limit $ 5,000,000.00
Products—Completed Operations
Aggregate Limit $ 5,000,000.00
Each Occurrence Limit $ 5,000,000.00
Comprehensive Automobile Liability Insurance $ 1,000,000.00
The Contractor shall have the Owner, City of Waterloo, Iowa, and Engineer, AECOM, named as
an "Additional Named Insured". A certificate, or a policy if requested, shall be filed with the Owner.
All certificates and/or policies of insurance furnished by the Contractor to be filed with the City
Clerk shall include the name and address of the agency issuing the same. It shall also be required that
the City Clerk be notified by registered mail of the cancellation or expiration of the above insurance.
5. BARRICADES AND SIGNS. The Contractor shall, at his own expense and without
further or other order, provide, erect, and maintain, at all times during the progress and suspension of the
work and until completion and final acceptance thereof, suitable and requisite barricades, signs, or other
adequate protection, as required by the latest edition of the "Iowa Manual on Uniform Traffic Control
Devices for Streets and Highways" and shall provide, keep, and maintain such barricades, signs, etc., as
may be required or as may be ordered by the City Engineer, to insure the safety of the public as well as
those engaged on the work. All barricading plans shall be approved by the City Engineer.
GS-11 Hwy63MHRehab-113632(60184424.61)
6. ROYALTIES AND PATENTS. The Contractor shall pay all royalties and license fees.
He shall defend all suits or claims for infringement of any patent rights and shall save the City harmless
from loss on account thereof, except that the City shall be responsible for all such loss when a particular
process or the product of a particular manufacturer is specified.
7. PERMITS AND REGULATIONS. Permits and licenses of a temporary nature for the
prosecution of the work shall be secured and paid for by the Contractor. Permits, license. and easements
for permanent changes in existing facilities shall be secured and paid for by the City.
8. CLAIMS FOR DAMAGES. Any claim for damages arising under this Contract shall be
made in writing to the party liable within a reasonable time of the first observance of such damage and no
later than the time of final payment, except as expressly stipulated otherwise in the case of faulty work or
materials, and shall be adjusted by agreement or arbitration.
The Contractor shall be held for the payment of all just claims against him arising out of the
prosecution of this contract, and his bond will not be released until such claims are paid for dismissed.
9. ASSIGNMENT OF CONTRACT. The Contractor shall not sell or assign the contract or
sublet any portion of the work provided for therein without the written consent of the City Council.
10. SUBCONTRACTORS. The Contractor shall, as soon as practicable after the signature
of the contract, notify the Engineer in writing of the names of the Subcontractors proposed for the work
and shall not employ any that the Engineer may, within a reasonable time, object to as incompetent or
unfit.
The Contractor agrees that he is as fully responsible to the City for the acts and omission of his
Subcontractors and of persons either directly or indirectly employed by them as he is for the acts and
omissions of persons directly employed by him.
Nothing contained in the contract documents shall create any contractual relation between any
Subcontractor and the City.
11. ARBITRATION. All questions subject to arbitration under this Contract shall be
submitted to arbitration at the choice of either party to the dispute.
The Contractor shall not cause a delay of the work during any arbitration proceedings, except by
agreement with the Engineer.
The demand for arbitration shall be filed in writing with the Engineer, in the case of an appeal
from his decision, within ten (10) days of its receipt, and in any other case, within a reasonable time after
cause thereof, and in no case later than the time of final payment, except as otherwise expressly
stipulated in the contract. If the Engineer fails to make a decision within a reasonable time, an appeal to
arbitration may be taken as if his decision had been rendered against the part appealing.
No one shall be nominated or act as an arbitrator who is in any way financially interested in the
contract or in the business affairs of either the City or the Contractor.
The general procedure shall conform to the laws of the State of Iowa. Unless otherwise provided
by such laws, the parties may agree upon one arbitrator; otherwise, there shall be three--one named in
writing by each party to this contract to the other party, and the third chosen by these two arbitrators, or, if
they fail to select a third within ten (10) days, then he shall be chosen by the Comptroller of the State of
Iowa. Should either party refuse or neglect to supply the arbitrators with any papers or information
demanded in writing, the arbitrators are empowered by both parties to proceed ex parte.
GS-12 Hwy63MHRehab-113632(60184424.61)
If there be one arbitrator, his decision shall be binding; if three, the decision of any two shall be
binding. Such decision shall be a condition precedent to any right of legal action. and, wherever
permitted by law, it may be filed in Court to carry it into effect.
The arbitrators, if they deem that the case demands it, are authorized to award to the party whose
contention is sustained such sums as they shall deem proper for the time, expense, and trouble incident
to the appeal, and, if the appeal was taken without reasonable cause, damages for delay, the arbitrators
shall fix their own compensation unless otherwise provided by agreement, and shall assess the costs and
charges of the arbitration upon either or both parties.
The award of the arbitrators must be in writing, and it shall not be open to objections on account
of the form of proceeding or the award, unless otherwise provided by the laws of Iowa.
In the event of such laws providing on any matter covered by this article otherwise than as
hereinbefore specified, the method of procedure throughout and the legal effect of the award shall be
wholly in accordance with the laws of the State of Iowa, it being intended hereby to lay down a principle of
action to be followed, leaving its local application to be adopted to the legal requirements of the place in
which the work is to be done.
12. PERFORMANCE AND PAYMENT BONDS. The Contractor shall, at the time of
execution and delivery of this contract and before the taking effect of same, furnish and deliver to the City
written bonds of indemnity to the amount required by law in form and substance, and with surety thereon
satisfactory and acceptable to the City, to insure the faithful performance and payment by the Contractor
of all the covenants and agreements on the part of the Contractor contained in this contract. These
bonds shall remain in force and effect for the full amount of the Contract.
13. PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the provisions of
the Contract or in exercising any power or authority granted him thereby, there shall be no liability upon
the Engineer or his authorized assistants, either personally or as an official of the City, it being
understood that in such matters he acts as the agent and representative of the City.
14. JURISDICTION. Any action in Court against the Contractor or sureties on his bond
because of damages to property or individuals by said Contractor or his workmen, or because of the
violation of any provisions of the specifications, or on account of the failure of said Contractor to comply
fully with these provisions, shall be brought in the District Court of the State of Iowa in and for Black Hawk
County.
15. TERMINATION OF RESPONSIBILITY. The Contract shall be considered as completed
and the Contractor released from further obligations except as to the requirements of his bond, after the
work has been completed and finally accepted and final estimates have been allowed and the completion
report of the engineer has been filed and approved by the Council.
16. CITY'S LEGAL RIGHTS. The City shall not be precluded by any measurements,
estimate, or certificate made, either before or after the completion and acceptance of the work and
payment therefore, 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.
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SUPPLEMENTAL GENERAL SPECIFICATIONS FOR CONSTRUCTION
1. SUBCONTRACTS
The contractor shall cause appropriate provisions to be inserted in all subcontracts
relative to the work to require compliance by each subcontractor with the applicable
provisions of the contract for the improvements embraced in this contract.
2. REVIEW BY THE CITY OF WATERLOO
The City of Waterloo, its authorized representatives and agents, shall at all times have
access to and be permitted to observe and review all work, materials, equipment,
payrolls, personnel records, employment conditions, material invoices, and other relevant
data and records pertaining to this contract, provided, however, that all instructions and
approval with respect to the work will be given to the contractor only by the City of
Waterloo through its authorized representative or agents.
3. INSPECTION
a. The contractor shall furnish promptly all materials reasonably necessary for any
tests which may be required. All tests by the City of Waterloo will be performed in
such manner as not to delay the work unnecessarily and will be made in
accordance with the provisions of the Technical Specifications.
b. Inspection of materials and appurtenances to be incorporated in the
improvements embraced in this contract may be made at the place of production,
manufacture or shipment, whenever the quantity justifies it, and such inspection
and acceptance, unless otherwise stated in the Technical Specifications, shall be
final, except as regards (1) latent defects, (2) departures from specific
requirements of the contract, (3) damage or loss in transit, or (4) fraud or such
gross mistakes as amount to fraud. Subject to the requirements contained in the
preceding sentence, the inspection of materials as a whole or in part will be made
at the project site.
4. WARRANTY OF TITLE
No material, supplies, or equipment to be installed or furnished under this contract shall
be purchased subject to any chattel mortgage or under a conditional sale, lease-purchase
or other agreement by which an interest therein or in any part thereof is retained by the
seller or supplier. The contractor shall warrant good title to all materials, supplies, and
equipment installed or incorporated in the work and upon completion of all work, shall
deliver the same together with all improvements and appurtenances constructed or
placed thereon by him to the City of Waterloo free from any claims, liens, or charges.
Neither the contractor nor any person, firm, or corporation furnishing any material or labor
for any work covered by this contract shall have any right to a lien upon any improvement
or appurtenance thereon. Nothing contained in this paragraph, however, shall defeat or
impair the right of persons furnishing materials or labor to recover under any bond given
by the contractor for their protection or any rights under any law permitting such persons
to look to funds due the contractor in the hands of the City of Waterloo. The provisions of
this paragraph shall be inserted in all subcontracts and material contracts and notice of its
provisions shall be given to all persons furnishing materials for the work when no formal
contract is entered into for such materials.
***END OF SECTION ***
SGS-1 Hwy63MHRehab-113632(60184424.61)
FORM OF CONTRACT
CONTRACT FOR THE CONSTRUCTION OF
F.Y.2011
HIGHWAY 63 SOUTH MANHOLE REHABILITATION
CITY CONTRACT NO. 809
CITY OF WATERLOO, IOWA
This contract made and entered into this day of 2011, by and between the
City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as (City), and
of , (hereinafter referred to as Contractor),
WITNESSETH:
PAR. 1 Contractor agrees to build and construct the F.Y. 2011 HIGHWAY 63 SOUTH
MANHOLE REHABILITATION, CITY CONTRACT NO. 809, 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.
—. 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 August 30, 2011 , 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 therefore 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.
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PAR. 7 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa,
relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic,
and protecting any excavations in any street or alley, and maintaining proper and sufficient
barricades with lights and signals during all hours of darkness, to see that the backfilling is
properly done, and agrees to keep the City whole and defend any and all suits that may be
brought against the City by reason of any injuries that may be sustained by any person or
property allegedly caused by the Contractor, or his agents, while work is done pursuant to this
agreement.
PAR. 8 The Contractor agrees that in the event a law suit is brought against the City for damages
allegedly sustained by reason of any act, omission or negligence of the Contractor or its
agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole,
depression or barrier placed or dug by the defendant or its agents, in the doing of the work
herein contracted for, that it will defend said suit and save the City harmless therein, and in
case judgment is rendered against the City, the Contractor agrees to pay the same promptly.
The Contractor agrees to carry public liability insurance in a solvent company in a sufficient
amount to protect the City and those who use the streets of the City.
PAR. 9 The City shall have the right to appoint one or more construction reviewers who shall review
the progress of the work in detail; also, to make any test or any material to be used in such
work. No material shall be used in any work until the same has first been approved by the
construction reviewer. Such construction reviewer shall have full authority to pass judgment
upon all materials and upon the manner of doing the work, and their judgment on rejecting
any materials, substance, or manner of work shall be final unless it is revoked or modified by
the City Engineer.
— PAR. 10 Any material, which has been rejected by the construction reviewer, shall be at once removed
from the line of work and shall not be again taken thereon or placed with the material
proposed to be used without the written consent of the City Engineer.
PAR. 11 The Contractor shall maintain no cause of action against the City on account of delays and
prosecution of work, but if said work is delayed by the City, the Contractor shall have such
extra time for completion of the job as was lost by reason of the delay caused by the City.
PAR. 12 The Contractor agrees to pay punctually all just claims of labor, material, men, or
subcontractors who shall perform labor or furnish materials entering into this improvement. It
is agreed that the City need not pay the Contractor until all such claims are paid by the
Contractor. It is agreed that the City shall not be liable for said labor, material, or men under
this contract.
PAR. 13 The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form
to be provided by the City in the amount provided by law as stated in the Notice to Bidders,
which shall be for the benefit of the City, and any and all persons injured by the breach of any
of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject
_. to the approval of the City Council, and is by reference made a part of this contract.
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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.
PAR. 18 This contract is not divisible, but in the event of a conflict between this contract and the
various instruments incorporated by reference, this contract shall govern.
PAR. 19 Before the Contractor shall be entitled to receive final payment for work done under this
contract, it shall execute and file a bond in the penal sum of not less than 100% of the total
amount of the contract, same to be known as "Maintenance Bond," and which bond must be
approved by the City Council, and which bond is in addition to the bond given by the
Contractor to guarantee the completion of the work.
— PAR. 20 The Contractor shall maintain all work done hereunder in good order for the period of two (2)
years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said
maintenance shall be made without expense to the City or the abutting property. In the event
of the failure or default of the Contractor to remedy any or all defects appearing in said work
within a period of two (2) years from the date of its acceptance by said Council, and after
having been given ten (10) days notice so to do by registered letter deposited in the United
States Post Office in said town, addressed to said contractor at the address herein given, then
the City may proceed to remedy such defects. The costs and expenses thereof to be
recovered from the Contractor and the sureties on its maintenance bond by an action brought
in any court of competent jurisdiction.
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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.
CITY OF WATERLOO, IOWA
Mayor
City Clerk
Contractor
BY:
Title:
Approved by the City Council of the City of Waterloo, Iowa, this day of
, 2011.
ATTEST: , City Clerk
Waterloo, Iowa
C-4 Hwy63MHRehab-113632(60184424.61)
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, , of (hereinafter called the
Principal), and
-" of
(hereinafter called the Surety), are held and firmly bound unto the City of Waterloo (hereinafter called the
Obligee), in the penal sum of
Dollars($ ), lawful money of the United States, to payment of which sum, well and truly to be
made, the Principal here firmly binds himself/themselves, his/their heirs, executors, and administrators, and
the said Surety binds himself, his successors, assigns, executors, and administrators, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that,
WHEREAS the above bounden Principal did, on the
day of 2011, enter into a written contract with the City of Waterloo, Iowa, for the
construction of F.Y. 2011 HIGHWAY 63 SOUTH MANHOLE REHABILITATION, CITY CONTRACT
NO. 809, a copy of which contract, together with all of its terms, covenants, conditions, and stipulations, is
incorporated herein and made a part hereof as full and completely as if said contract were recited at length
herein; and
WHEREAS, the Principal and Surety on this bond hereby agree to pay to all persons, firms or
corporations having contracts directly with the Principal or with subcontractors, all just claims due them for
labor performed or materials furnished in the performance of the contract on account of which bond is given
when the same are not satisfied out of the portion of the contract price which the public corporation is
-- required to retain until completion of the public improvement, but the Principal and Surety shall not be liable to
said persons, firms, or corporation unless the claims of said claimants against said portion of the contract
price shall have been established as provided by law.
Now, if the Principal shall in all respects fulfill his said contract according to the terms and tenor
thereof, and shall satisfy all claims and demands incurred for the same, and shall fully indemnify and save
harmless the Obligee from all costs and damages which it may suffer by reason of failure to do so, and shall
— fully reimburse and repay the Obligee all outlays and expenses which it may incur in making good any such
default, then the obligation is to be void and of no effect, otherwise to remain in full force and effect.
Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to
consent without notice:
1. To any extension of time to the contract in which to perform the contract.
2. To any change in the plans, specifications, or contract when such change does not involve
an increase of more than twenty percent (20%) of the total contract price, and shall then be
released only as to such excess increase.
3. That no provision of this bond or of any other contract shall be valid which limits to less than
one (1) year from the time of the acceptance of the work the right to sue on this bond for
defect in workmanship or material not discovered or known to the Obligee at the time such
work was accepted.
PFB-1 Hwy63MHRehab-113632(60184424.61)
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of
, 2011.
Principal
By:
Surety
Attorney-in-Fact
PFB-2 Hwy63MHRehab-113632(60184424.61)
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
(Name of Contractor)
(Address of Contractor)
a , hereinafter called Principal,
(Corporation, Partnership or Individual)
and
(Name of Surety)
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto
CITY OF WATERLOO, IOWA
(Name of Owner)
715 MULBERRY STREET, WATERLOO, IOWA 50703
(Address of Owner)
hereinafter called OWNER, in the penal sum of
in lawful money of the United States, for the payment of which sum well and truly to be made, we bind
ourselves, successors, and assigns,jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain
contract with the OWNER, dated the day of
2011, a copy of which is hereto attached and made a part hereof for the construction of:
F.Y. 2011 HIGHWAY 63 SOUTH MANHOLE REHABILITATION
CITY CONTRACT NO. 809
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.
PB-1 Hwy63MHRehab-113632(60184424.61)
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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
2011.
ATTEST:
Principal
(Principal) Secretary
-- (SEAL) By
(s)
(Address)
Witness as to Principal
(Address)
Surety
ATTEST: By
Attorney-in-Fact
Witness as to Surety (Address)
(Address)
NOTE: Date of BOND must not be prior to date of Contract.
If CONTRACTOR is Partnership, all partners should execute BOND.
PB-2 Hwy63MHRehab-113632(60184424.61)
Non-Federal