HomeMy WebLinkAbout2021-04-05-J16 Larson Construction Agreement, Triumph Park Fishing PierAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: April 5, 2021
AGENDA ITEM:Consideration of approval of a resolution approving construction contract
with Larson Construction Company, Inc. [Triumph Park Fishing Pier
Project]
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: This agreement between the City of Waukee and
Larson Construction Company, Inc. is for the construction of the fishing
pier at Triumph Park. The Waukee Foundation, Inc. has been raising
private funds for the addition of a fishing pier for the use of the general
public, including, but not limited to, persons with disabilities and is in
the process of raising funds to privately fully fund the construction of a
fishing pier.
The foundation has negotiated with a contractor capable of constructing
said fishing pier for the price of $610,000.00 and the foundation wishes
to make a contribution to the City equal to said amount to the City to
fully fund the construction of said amenity. Funding is conditioned upon
the use of Larson Construction for an initial contract price of
$610,000.00. As a condition of such funding the Foundation requires
that the City enter into a contract, acceptable to the City, for the
construction of the fishing pier in accordance with the plans and
specifications.
Site work includes all work associated with the installation of the
gangway, platform and flotation devices, and steel structure and canopy.
Contractor to note existing gangway abutment and steel substructure
constructed prior to this agreement.
The Contractor agrees to perform said work for and in consideration of
the City’s payment of the amount of SIX HUNDRED AND TEN
THOUSAND DOLLARS ($610,000.00) which amount shall constitute
the required amount of the performance, maintenance, and payment
bond. The Contractor hereby agrees to commence work under this
contract on or before a date to be specified in a written notice to proceed
by the City and to fully complete the project by May 31, 2022; and to
pay damages for noncompliance with said completion provisions at the
rate of ONE THOUSAND DOLLARS ($1,000.00) for each calendar day
thereafter that the work remains incomplete.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:$610,000.00
J16
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: City staff recommends approval of the contract with Larson
Construction LLC.
ATTACHMENTS: I. Proposed resolution
II. Contract and Bond
PREPARED BY: Matt Jermier
REVIEWED BY:
THE CITY OF WAUKEE, IOWA
RESOLUTION 2021-
APPROVING CONSTRUCTION CONTRACT WITH LARSON CONSTRUCTION
COMPANY, INC. [TRIUMPH PARK FISHING PIER PROJECT]
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA
WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal
Organization; AND,
WHEREAS, on September 8, 2020, the Waukee City Council approved the construction contract and
bond for Triumph Park with Larson Construction Company, Inc., of Independence, IA (the “Contractor”)
(Resolution #2020-340); AND,
WHEREAS, on April 5, 2021, the Waukee City Council approved the Triumph Park Contribution
Agreement between the Waukee Betterment Foundation (the “Foundation”) and the City of Waukee
related the funding and construction of the Triumph Park Fishing Pier Project (Resolution #2021-XXX);
AND,
WHEREAS, the Foundation has negotiated with the Contractor for the construction of said fishing pier,
with the Foundation making a contribution to the City equal to the construction contract amount to fully
fund the construction of said amenity; AND,
WHEREAS, the Contractor agrees to perform the construction of the fishing pier in accordance with the
plans and specifications for and in consideration of the City’s payment of the amount of SIX HUNDRED
AND TEN THOUSAND DOLLARS ($610,000.00) which amount shall constitute the required amount of
the performance, maintenance, and payment bond.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa, that the
construction contract with Larson Construction Company, Inc. [Triumph Park Fishing Pier Project] is
hereby approved.
Passed by the City Council of the City of Waukee, Iowa, and approved this the 5th day of April,
2021.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman
R. Charles Bottenberg
Chris Crone
Larry R. Lyon
Ben Sinclair
PROPOSAL
TRIUMPH PARK – FISHING PIER
700 NW DOUGLAS PKWY
WAUKEE, IOWA
PROPOSAL:
TO FURNISH ALL MATERIALS, TOOLS AND EQUIPMENT AND TO CONSTRUCT
IMPROVEMENTS AS SPECIFIED HEREIN:
NAME OF CONTRACTOR _______________________________________________
ADDRESS OF CONTRACTOR ____________________________________________
TO THE: CITY COUNCIL
City of Waukee
230 W. Hickman Road
Waukee, Iowa 50263
The Undersigned as a contractor declares that he has examined the location of the
proposed work and determined the amount and character of the proposed work
and the material and equipment necessary to complete same in compliance with
the Specifications, Plans, Contract, and Addenda number 1, and 2.
The Undersigned states that he has been engaged in Contract work of this class
for a period of _____ years and invites your attention to the following work that
has been completed under his direction:
The Undersigned submits herewith a (Certified Check or Cashier’s Check) in the
amount of ________________________________________($____________)
which shall become the property of the City of Waukee, Iowa, should the
Undersigned fail or refuse to execute a contract and to furnish Bond as called for
in the Specifications within the time provided.
The Undersigned contractor certifies that this proposal is made in good faith, without
collusion or connection with any other person or persons bidding on the work.
The Undersigned contractor states that this proposal is made in conformity with the
Specifications and agrees that in the event of any discrepancies or differences
between any conditions of his Proposal and the Specifications prepared by the
City of Waukee, Iowa, that the provisions of the latter shall prevail.
The Undersigned hereby proposes to provide the required labor, materials,
services, equipment and tools, and to perform the work described in the
Specifications, within the time required for the sum or sums stated hereinafter in
the Proposal Schedule, which schedule is hereby made a part of this Proposal.
The Undersigned contractor certifies, by submission of this proposal, that
neither it nor its principals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency. Furthermore, the contractor
will pass this requirement on to subcontractors (if allowable) seeking
subcontracts over $25,000.
The Contractor shall provide immediate written notice to the City of Waukee, City
Clerk, if at any time they learn this certification has become erroneous by reason
of changed circumstances.
Contractor _________________________
By ________________________________
Title_______________________________
Date ______________________________
PROPOSAL SCHEDULE- 2
PROPOSAL SCHEDULE
Triumph Park – Fishing Pier
The Contractor must provide all unit price(s) on the proposal.
ADD ALTERNATE 3: Fishing Pier – All items associated with the Fishing Pier beyond the existing abutment
and existing substructure elements. This includes all installation and material costs for electrical, dock,
canopy structure, lighting, railing, gangway, etc.
$610,000.00
All other items needed to complete the project as depicted on the plans are incidental.
CONTRACT
CONTRACT NO.____________
DATE _____________________
THIS CONTRACT, made and entered into this, the 5th day of April, 2021, by and between the City of
Waukee, Iowa, by its Mayor, upon order of its City Council hereinafter called the “Owner”, and Larson
Construction Company, Inc., hereinafter called the “Contractor”.
WITNESSETH:
The Contractor hereby agrees to complete the work comprising the below referenced improvements as
specified in the Contract Documents, which are officially on file with the City in the office of the City
Clerk. This contract includes all Contract Documents.
The term “Contract Documents” means and includes the following:
A.Proposal
B.Contract
C.Performance and Payment Bond
D.Regulations of the Contract
E.Supplemental Regulations
F.Special Conditions
G.Detailed Specifications
H.Construction Plans: L305, L313, L505, L506, 5-S101, A600, E003, 3-E302
I.Standard Drawings
J.Addenda Number 01 through 02
K.Relevant Change Orders
L.Notice to Proceed
The work under this contract shall be constructed in accordance with the Waukee Standard
Specifications for Public Improvements and SUDAS Standard Specifications, 2019 Edition, and as further
modified by the supplemental specifications and special provisions included in said contract documents.
The Contractor further agrees to complete the work in strict accordance with said contract documents,
and to guarantee the work as required by law, for the time required in said contract documents, after its
acceptance by the City.
This contract is awarded and executed for completion of the work specified in the contract documents
for the prices shown on the Contract Attachment – Item 1: Quantities, and Prices, which were proposed
by the Contractor in its proposal submitted for the following described improvements:
The extent of the work on this project is the furnishing of all labor, equipment, and materials for the
construction of improvements in Waukee generally described as follows:
Site work includes all work associated with the installation of the gangway, platform and flotation
devices, and steel structure and canopy. Contractor to note existing gangway abutment and steel
substructure constructed prior to this agreement.
The Contractor agrees to perform said work for and in consideration of the City’s payment of the amount
of SIX HUNDRED AND TEN THOUSAND DOLLARS ($610,000.00) which amount shall constitute the
required amount of the performance, maintenance, and payment bond. The Contractor hereby agrees
to commence work under this contract on or before a date to be specified in a written notice to proceed
by the City and to fully complete the project by May 31, 2022; and to pay damages for noncompliance
with said completion provisions at the rate of ONE THOUSAND DOLLARS ($1,000.00) for each calendar
day thereafter that the work remains incomplete.
IN WITNESS WHEREOF, the Parties hereto have executed this instrument, in triplicate on the date first
shown written.
CITY OF WAUKEE, IOWA CONTRACTOR
By _______________________ _____________________________
Courtney Clarke, Mayor Contractor
(Seal) By__________________________
ATTEST: Signature
_________________________ _____________________________
Rebecca D. Schuett, City Clerk Title
FORM APPROVED BY: _____________________________
Street Address
________________________ _____________________________
Attorney for Jurisdiction City, State, Zip Code
_____________________________
Telephone
CONTRACTOR PUBLIC REGISTRATION INFORMATION TO Be Provided By:
1.All Contractors: The Contractor shall enter its Public Registration Number _ _ _ _ _ _ _ issued
by the Iowa Commissioner of Labor pursuant to Section 91C.5 of the Iowa Code.
2.Out of State Contractors:
A.Pursuant to Section 91C.7 of the Iowa Code, an out-of-state contractor, before commencing a
contract in excess of five thousand dollars in value in Iowa, shall file a bond with the division of
labor services of the department of workforce development. It is the contractor’s responsibility
to comply with said Section 91C.7 before commencing this work.
B.Prior to entering into contract, the undersigned, if it is a corporation organized under the laws of
a state other than Iowa, shall file with the Engineer a certificate from the Secretary of the State
of Iowa showing that it has complied with all the provisions of Chapter 490 of the Iowa Code, or
as amended, governing foreign corporations.
Note: All signatures on this contract must be original signatures in ink; copies, facsimile, or electronic
signatures will not be accepted.
CORPORATE ACKNOWLEDGMENT:
State of ______________________)
) SS
_______________________ County)
On this ____ day of _________________, 20__, before me, the undersigned, a Notary Public in and for
the State of _______________, personally appeared ______________________ and
____________________, to me known, who, being by me duly sworn, did say that they are the
___________________, and ______________________, respectively, of the corporation executing the
foregoing instrument; that (no seal has been procured by) (the seal affixed thereto is the seal of) the
corporation; that said instrument was signed (and sealed) on behalf of the corporation by authority of
this Board of Directors; that _____________________ and ___________________________
acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by it
and by them voluntarily executed.
________________________________________
Notary Public in and for the State of _____________
My commission expires ________________, 20__
PARTNERSHIP ACKNOWLEDGMENT:
State of ______________________)
) SS
_______________________ County)
On this ____ day of _________________, 20__, before me, the undersigned, a Notary Public in and for
the State of _______________, personally appeared ______________________ to me personally known,
who, being by me duly sworn, did say that the person is one of the partners of
_________________________, a partnership, and that the instrument was signed on behalf of the
partnership by authority of the partners and partner and the partner acknowledged the execution of the
instrument to be the voluntary act and deed of the partnership, by it and by the partner voluntarily
executed.
________________________________________
Notary Public in and for the State of _____________
My commission expires ________________, 20__
INDIVIDUAL ACKNOWLEDGMENT:
State of ______________________)
) SS
_______________________ County)
On this ____ day of _________________, 20__, before me, the undersigned, a Notary Public in and for
the State of _______________, personally appeared ______________________ AND
________________________to me personally known to be the identical person(s) named in and who
executed the foregoing instrument and acknowledged that (he) (she) (they) executed the instrument as
(his) (her) (their) voluntary act and deed.
________________________________________
Notary Public in and for the State of _____________
My commission expires ________________, 20__
LIMITED LIABILITY COMPANY ACKNOWLEDGMENT:
State of ______________________)
) SS
_______________________ County)
On this ____ day of _________________, 20__, before me, the undersigned, a Notary Public in and for
the State of _______________, personally appeared ______________________ to me personally known,
who, being by me duly sworn, did say that the person is __________________ of said
__________________________, that (the seal affixed to said instrument is the seal of said OR no seal has
been procured by the said) _________________________, and that the instrument was signed and
sealed on behalf of the said __________________________, by authority of its managers and the said
_____________________ acknowledged the execution of the instrument to be the voluntary act and
deed of said _________________________________, by it voluntarily executed.
________________________________________
Notary Public in and for the State of _____________
My commission expires ________________, 20__
PERFORMANCE, PAYMENT, AND MAINTENANCE BOND
SURETY BOND NO._______________________
KNOW ALL BY THESE PRESENTS:
That we, ________________________________, as Principal (hereinafter the “Contractor” or “Principal”
and _________________________________, as Surety are held and firmly bound unto City of Waukee,
Iowa, as Obligee (hereinafter referred to as “the Owner”), and to all persons who may be injured by any
breach of any of the conditions of this Bond in the penal sum of
____________________________________________________________________ dollars
($_________________), lawful money of the United States, for the payment of which sum, well and truly
to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly or severally, firmly by
these presents.
The conditions of the above obligations are such that whereas said Contractor entered into a contract
with the Owner, bearing date the ___________ day of _________________, 2019, hereinafter the
“Contract”) wherein said Contractor undertakes and agrees to construct the following described
improvements:
The extent of the work on this project is the furnishing of all labor, equipment, and materials for the
construction of improvements in Waukee generally described as follows:
Site work includes all work associated with the installation the gangway, platform and flotation devices,
and steel structure and canopy. Contractor to note existing gangway abutment and steel substructure
constructed prior to this agreement.
and to faithfully perform all the terms and requirements of said Contract within the time therein
specified, in a good and workmanlike manner, and in accordance with the Contract Documents.
Provided, however, that one year after the date of acceptance as complete of the work under the above
referenced Contract, the maintenance portion of this Bond shall continue in force but the penal sum for
maintenance shall be reduced to the sum of _____________________________________ DOLLARS ($
_______________), which is the cost associated with those items shown on the proposal and in the
Contract that require a maintenance bond period in excess of one year.
It is expressly understood and agreed by the Contractor and Surety in this bond that the following
provisions are a part of this Bond and are binding upon said Contractor and Surety, to-wit:
1.PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill, and abide by
each and every covenant, condition, and part of said Contract and Contract Documents, by
reference made a part hereof, for the above referenced improvements, and shall indemnify and
save harmless the Owner from all outlay and expense incurred by the Owner by reason of the
Contractor’s default of failure to perform as required. The contractor shall also be responsible
for the default or failure to perform as required under the Contract and Contract Documents by
all its subcontractors, suppliers, agents, or employees furnishing materials or providing labor in
the performance of the Contract.
2.PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just claims
submitted by persons, firms, subcontractors, and corporations furnishing materials for or
performing labor in the performance of the Contract on account of which this Bond is given,
including but not limited to claims for all amounts due for labor, materials, lubricants, oil,
gasoline, repairs on machinery, equipment, and tools consumed or used by the Contractor or
any subcontractor, wherein the same are not satisfied out of the portion of the contract price
the Owner is required to retain until completion of the improvement, but the Contractor and
Surety shall not be liable to said persons, firms, or corporations unless the claims of said
claimants against said portion of the contract price shall have been established as provided by
law. The Contractor and Surety hereby bind themselves to the obligations and conditions set
forth in Chapter 573 of the Iowa Code, which by this reference is made a part hereof as though
fully set out herein.
3.MAINTENANCE: No maintenance bond shall be required for this agreement.
Contractor’s and Surety’s agreement herein made extends to defects in workmanship or materials not
discovered or known to the Owner at the time such work was accepted.
PERFORMANCE, PAYMENT, AND MAINTENANCE BOND
1.GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the
contrary notwithstanding, to the following provisions:
A.To consent without notice to any extension of time to the Contractor in which to
perform the Contract;
B.To consent without notice to any change in the Contract or Contract Documents, which
thereby increases the total contract price and the penal sum of this bond, provided that
all such changes do not, in the aggregate, involve an increase of more than 20% of the
total contract price, and that this bond shall then be released as to such excess increase;
and
C.To consent without notice that this Bond shall remain in full force and effect until the
Contract is completed, whether completed within the specified contract period, within
an extension thereof, or within a period of time after the contract period has elapsed
and the damage penalty is being charged against the Contractor.
The Contractor and every Surety on the bond shall be deemed and held bound, any contract to the
contrary notwithstanding, to the following provisions:
D.That no provision of this Bond or of any other contract shall be valid that limits to less
than five years after the acceptance of the work under the Contract the right to sue on
this Bond.
E.That as used herein, the phrase “all outlay and expense” is not to be limited in any way,
but shall include the actual and reasonable costs and expenses incurred by the Owner
including interest, benefits, and overhead where applicable. Accordingly, “all outlay and
expense” would include but not be limited to all contract or employee expense, all
equipment usage or rental, materials, testing, outside experts, attorneys’ fees (including
overhead expenses of the Owner’s staff attorneys), and all costs and expenses of
litigation as they are incurred by the Owner. It is intended the Contractor and Surety will
defend and indemnify the Owner on all claims made against the Owner on account of
Contractor’s failure to perform as required in the Contract and Contract Documents that
all agreements and promises set forth in the Contract and Contract Documents, in
approved change orders, and in this Bond will be fulfilled, and that the Owner will be
fully indemnified so that it will be put into the position it would have been in had the
Contract been performed in the first instance as required.
In the event the Owner incurs any “outlay and expense” in defending itself against any claim as to which
the Contractor or Surety should have provided the defense, or in the enforcement of the promises given
by the Contractor in the Contract, Contract Documents, or approved change orders, or in the
enforcement of the promises given by the Contractor and Surety in this Bond, the Contractor and Surety
agree that they will make the Owner whole for all such outlay and expense, provided that the Surety’s
obligation under this bond shall not exceed 125% of the penal sum of this bond.
PERFORMANCE, PAYMENT, AND MAINTENANCE BOND
In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that the
venue thereof shall be Dallas County, State of Iowa. If legal action is required by the Owner to enforce
the provisions of this Bond or to collect the monetary obligation incurring to the benefit of the Owner,
the Contractor and the Surety agree, jointly, and severally, to pay the Owner all outlay and expense
incurred therefor by the Owner. All rights, powers, and remedies of the Owner hereunder shall be
cumulative and not alternative and shall be in addition to all rights, powers, and remedies given to the
Owner, by law. The Owner may proceed against surety for any amount guaranteed hereunder whether
action is brought against the Contractor or whether Contractor is joined in any such action(s) or not.
NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully perform all
the promises of the Principal, as set forth and provided in the Contract, in the Contract Documents, and
in this Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect.
When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first as defined in
this Bond, the Contract, or the Contract Documents; second, if not defined in the Bond, Contract or
Contract Documents, it shall be interpreted or construed as defined in applicable provisions of the Iowa
Code; third, if not defined in the Iowa Code, it shall be interpreted or construed according to its generally
accepted meaning in the construction industry; and fourth, if it has no generally accepted meaning in the
construction industry, it shall be interpreted or construed according to its common or customary usage.
Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not limit
liability hereunder. The Contract and Contract Documents are hereby made a part of this Bond.
PERFORMANCE, PAYMENT, AND MAINTENANCE BOND
Project No._______________
Witness our hands, in triplicate, this ______ day of _______________, 20__
SURETY COUNTERSIGNED BY: PRINCIPAL:
______________________________ _____________________________
Signature of Agent Contractor
________________________________________ By:__________________________
Printed Name of Agent Signature
________________________________________
_______________________________________
Company Name Title
________________________________________
Company Address SURETY:
______________________________ _____________________________
City, State, Zip Code Surety Company
________________________________________ By:__________________________
Company Telephone Number Signature Attorney-in-Fact & IA
Resident Agent
_______________________________________
Printed Name of Attorney-in-Fact & IA Resident
Agent
FORM APPROVED BY:
_____________________________
_____________________________ Company Name
Attorney for Owner
_______________________________________
Company Address
_______________________________________
City, State, Zip Code
_______________________________________
Company Telephone Number
NOTE:
1.All signatures on this performance, payment, and maintenance bond must be original signatures
in ink; copies, facsimile, or electronic signatures will not be accepted.
2.This bond must be sealed with the Surety’s raised, embossing seal.
3.The Certificate or Power of Attorney accompanying this bond must be valid on its face and
sealed with the Surety’s raised, embossing seal.
4.The name and signature of the Surety’s Attorney-in-Fact/Officer entered on this bond must be
exactly as listed on the Certificate or Power of Attorney accompanying this bond.
REGULATIONS OF THE CONTRACT
TRIUMPH PARK – FISHING PIER
700 NW DOUGLAS PKWY
WAUKEE, IOWA
INDEX
1.GENERAL STATEMENT 17. SAFETY REGULATIONS
2. DEFINITIONS 18. MATERIALS AND
3. CONTRACTOR’S OBLIGATIONS WORKMANSHIP
4. ENGINEER’S OBLIGATIONS 19. SHOP DRAWINGS
5. BOND 20. USE OF COMPLETED WORK
6. INSURANCE 21. CHANGED WORK
7. ASSIGNMENT OF CONTRACT 22. DISPUTED CLAIMS
8. SUB-CONTRACTS 23. SUSPENSION OF WORK
9. OTHER CONTRACTS 24. OWNER’S RIGHT TO DO WORK
10. LEGAL RESTRICTIONS 25. CONTRACT TERMINATION
11. ROYALTIES AND PATENTS 26. CONTRACTOR’S RIGHTS
12. SCOPE AND INTENT OF 27. TIME OF COMPLETION
SPECIFICATIONS AND PLANS 28. DELAYS
13. SUPERVISION 29. PAYMENTS
14. LINE AND GRADE 30. PAYMENTS WITHHELD
15. SUPERINTENDENCE 31. SALES TAX
16. PROTECTION OF WORK 32. REMEDIES
1.GENERAL STATEMENT
1.1 It is expressly understood and agreed that the Contract Documents comprised of the
Regulations of the Contract, Proposal, Contract, Supplemental Regulations, Performance
Bond, Statutory Bond, Special Conditions, Detailed Specifications, Plans, all Addenda thereto
issued prior to the time of agreement for this work, all of which are hereto attached,
Approved Change Orders, Notice to Proceed, and other Drawings, Specifications, and
engineering data which may be furnished by the Contractor and approved by the Owner,
together with such additional Drawings which may be furnished by the Engineer from time to
time as are necessary to make clear and to define in greater detail the intent of the
Specifications and Drawings.
1.2 That several parts of 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
the furnishing of all materials, labor, tools, equipment and supplies necessary for completion
of the contract obligations. 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 standards.
Notwithstanding Section 1.1 of the Special Conditions, in the event of a conflict between any
of the contract documents, the Contractor is to provide the greater quantity and/or better
quantity, unless otherwise directed in writing by the Owner or Engineer.
1.3 The Contract shall be executed in Dallas County in the State of Iowa. Five copies of the
Contract Documents shall be prepared, each containing an exact copy of the Contractor’s
Proposal as submitted, the Performance Bond properly executed, a Statutory Bond where
required, and the Documents shall be filed as follows: Two with the Owner, One with the
Contractor, One with the Engineer, One with Bonding Company.
2 Definitions
2.1 Wherever any work or expression in this article, or pronoun used in its stead, occurs in these
Contract Documents, it shall have and is mutually understood to have the meaning herein
given:
2.1.1 “Contract” or “Contract Documents” shall include all of the Documents enumerated in the
previous article.
2.1.2 “Owner”, “Purchaser”, shall mean the party entering into Contract or duly authorized
officers or agents of the owner.
2.1.3 “Contractor” shall mean the party entering into Contract for the performance of the work
covered by this Contract and duly authorized agents or legal representatives of the Contractor.
2.1.4 “Engineer” shall mean the Engineer or Engineers who have been employed by the Owner
for this work, or their duly authorized agents, such agents acting severally within the scope of
the particular duties entrusted to them.
2.1.5 “Inspector” shall mean the engineering or technical inspector or inspectors duly authorized
by the Owner, limited to the particular duties entrusted to them.
2.1.6 “Date of Award Contract” or words equivalent thereto, shall mean the date upon which the
Successful Bidder’s Proposal is accepted by the Owner.
2.1.7 “Day” or “Days”, unless herein other expressly defined, shall mean a calendar day or days
of twenty-four (24) hours each.
2.1.8 “The Work” shall mean the work to be done and the equipment, supplies, materials and
labor to be furnished under this Contract, unless some other meaning is indicated by the
context.
2.1.9 “Plans” or “Drawings” shall mean and include all Drawings which may have been prepared
by the Engineer as a basis for proposals, all Drawings submitted by the Successful Bidder with his
Proposal and by the Contractor to the Owner, if and when approved by the Engineer, and all
Drawings submitted by the Owner to the Contractor during the progress of the work as provided
for therein.
2.1.10 Whenever in these Contract Documents the words, “as ordered”, “as directed”,
“satisfactory”, or words of like effect and import, unless otherwise particularly specified herein,
shall mean approved, reasonable, suitable, acceptable, proper or satisfactory in the judgment of
the Owner or Engineer.
2.1.11 Similarly the words “approved”, “reasonable”, “suitable”, “acceptable”, “properly”,
“satisfactory”, or words of like effect and import, unless otherwise particularly specified herein,
shall mean approved, reasonable, suitable, acceptable, proper or satisfactory in the judgment of
the Owner and Engineer.
2.1.12 Whenever the statement is made in these Contract Stipulations containing the expression
“it is understood and agreed”, or an expression of the like import, such expression means the
mutual understanding and agreement of the Contractor and Owner.
2.1.13 Wherever the words, “Notice to Bidders” appear in these Specifications or Contract
Documents, there should be substituted therefore the words, “Notice of Hearing and Letting”.
3 CONTRACTOR OBLIGATIONS
3.1 It is understood and agreed that the Contractor, by careful examination, has been satisfied as
to the nature and location of the work, the conformation of 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 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 Owner,
either before or after the execution of the Contract, shall effect or modify any of the terms of
obligations herein contained.
4 ENGINEER’S OBLIGATIONS
4.1 The Engineer shall have general supervision of the work as representative of the Owner. The
Engineer shall have authority to direct the program of the construction insofar as the proper
execution of the Contract is affected and to the extent that the forces of labor may be
increased or decreased by the Engineer’s order to insure the execution of the Contract in the
time and in the manner prescribed.
4.2 All work performed under this Contract shall be done in a first-class manner, and done to the
satisfaction of the Owner. The Owner shall in all cases determine the amount, quality,
acceptability, and fitness of the several kinds of work and materials herein specified. The
Owner shall decide all questions which may arise as to the fulfillment of the terms of the
Contract by the Contractor, or as to the intent or purpose of the Contract.
4.3 The Engineer shall, within a reasonable time after presentation, make decisions in writing on
claims arising between the principals of the Contract and shall make interpretations of the
Plans and Specifications. Such decisions and interpretations shall be regarded as final. In
case of disagreements on decisions recourse may be taken to arbitration as hereinafter
provided.
4.4 Any plan or method of work suggested by the Engineer, or other representative of the Owner,
to the Contractor, but not specified or required, if adopted or followed by the Contractor in
whole or in part, shall be used at the risk and responsibility of the Contractor; and the
Engineer and the Owner will assume no responsibility thereof.
5 BOND
5.1 Coincident with the execution of the Contract and Agreement, the Contractor shall furnish a
good and sufficient surety bond in full amount of contract sum. This surety bond, executed
by the Contractor to the Owner, shall guarantee: (a) for the faithful performance and
completion of the work in strict accordance with the terms of the Contract Documents; (b)
the payment of all bills and obligations arising from this Contract which might in any manner
become a claim against the Owner; (c) for payment to the Owner of all claims due or which
may become due by the terms of the Contract as well as by reason of any violation thereof by
the Contractor; (d) for the protection of the Owner against all suits and claims for
infringements of the patent right and/or processes; for the period of four (4) years from and
immediately following the completion of said Contract and acceptance thereof by the Owner
of all improvements, the payment to the Owner or the Owner’s successor or assigns for all
damage, loss and expense which may occur to the Owner, the Owner’s successor or assigns
by reason of defective materials used, or by reason of defective workmanship done, in the
furnishing of materials and equipment in performance of said Contract, or in lieu thereof the
Owner, the Owner’s successors or assigns, may require the Contractor to maintain such items
in need of repair for the said periods specified therein.
5.2 All provisions of the Bond shall be complete and in full accordance with the statutory
requirements. The Bond shall be executed with the proper sureties through a company
licensed and qualified to operate in the state and approved by the Owner. The Bond shall be
signed by an agent resident in the State of Iowa and date of Bond shall be the date of
execution of the Contract. If at any time during the continuance of the Contract, the surety
on the Contractor’s Bond becomes irresponsible, the Owner shall have the right to require
additional and sufficient sureties which the Contractor shall furnish to the satisfaction of the
Owner within ten (10) days after notice to do so. In default thereof, the Contract may be
suspended, all payments or money due the Contractor withheld, and the Contract completed
as hereinafter provided.
6 INSURANCE
6.1 General
6.1.1 The Contractor shall purchase and maintain insurance to protect the Contractor, the
Engineer and Owner against all hazards enumerated herein. All policies shall be in the amounts,
form and companies satisfactory to the Owner.
6.1.2 All Certificates of insurance required herein shall state that thirty (30) days written notice
will be given to the Owner before the Policy is canceled or changed. All certificates of insurance
shall be delivered to the Owner and Engineer prior to the time that any operations under this
Contract are started.
6.1.3 All of said Contractor’s certificates of insurance shall be written by an insurance company
authorized to do business in the State of Iowa.
6.2 The Contractor shall purchase and maintain such insurance as will protect the Contractor
from claims set forth below which may arise out of or result from the Contractor’s operations
under the contract, whether such operations be by the Contractor or by any of them, or by
anyone for whose acts any of them may be liable.
6.2.1 Claims under workers’ or workmen compensation, disability benefit and other similar
employee benefit acts;
6.2.2 Claims for damages because of bodily injury, occupational sickness or disease, or death of
the Contractor’s employees;
6.2.3 Claims for damages because of the Contractor’s injury, sickness or disease, or death of any
person other than the Contractor’s employees;
6.2.4 Claims for damages insured by usual personal injury liability coverage which are sustained.
A.By any person as a result of an offense directly related to the employment of such person by
the Contractor, or
B.By the other person;
6.2.5 Claims for damages, other than to the work itself, because of injury to or destruction of
tangible property, including loss of use resulting there from; and,
6.2.6 Claims for damages because of bodily injury or death of any person or property damage
arising out of the ownership, maintenance or use of any motor vehicle.
6.3 Limits of Liability
6.3.1 The insurance required by Paragraph 6 shall be written on an occurrence form of policy for
not less than any limits of liability specified herein, or required by law, whichever is greater:
General Liability; $1,000,000 (including single limit
contractually, per occurrence)
independent Contractors,
Broad Form Property damage
Personal Injury, Underground $1,000,000 (Aggregate hazards)
Explosion and Collapse
Automobile Liability $2,000,000 combined
(including all owned, non-owned
and hired autos)
single limit
Worker’s Compensation Statutory Benefits $100,000 Coverage B
Umbrella Liability; $4,000,000 Combined
(applying directly excess of
above liability
single limit coverage $4,000,000
6.4 Contractual Liability Insurance
6.4.1 The insurance required by Paragraph 6 shall include contractual liability insurance
applicable to the Contractor’s obligations as follows:
A.To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the
Owner and the Engineer and their agents, officers and employees from and against all
claims, damages, losses and expenses, including but not limited to attorney’s fees, resulting
from the performance of the work, provided that any such claim, damage, loss or expense
(1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of
tangible property (other than the work itself) including the loss of use resulting there from,
and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any
Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose
acts caused in part construed to negate, abridge, or otherwise reduce any other right or
obligation of indemnity which would otherwise exist as to any party or person described in
this paragraph.
B.In any and all claims against the Owner or Engineer or any of their agents, officers or
employees by any employee of the Contractor, any Subcontractor, any directly or indirectly
employed by any of them or anyone for whose acts may be liable, the indemnification
obligation under this Subparagraph 4 shall not be limited in any way by any limitation on the
amount or type of damages, compensation or benefits payable by or for the Contractor or
any Subcontractor under workers’ compensation acts, disability benefit acts or other
employee benefit acts.
C.The obligations of the Contractor under this Subparagraph 4 shall not extend to the liability of
the Engineer, the Engineer’s agents or employees arising out of (1) the preparation or
approval of Maps, Drawings, Opinions, Reports, Surveys, Change Orders, Designs or
Specifications, or (2) the giving of or the failure to give directions or instructions by the
Engineer, the Engineer’s agents or employees providing such giving or failure to five are the
primary cause of the injury or damage.
6.5 Contractor’s Insurance for other Losses for the consideration in this agreement heretofore
stated, in addition to the Contractor’s other obligations, the Contractor assumes full
responsibility for all loss or damage from any cause whatsoever to any tools owned by the
mechanics, any tool machinery, equipment, or motor vehicles owned or rented by the
Contractor, the Contractor’s agents, Subcontractors, materials owned or rented by the
Contractor, the Contractor’s agents, Subcontractors, material suppliers or their employees,
tool sheds or other temporary structures, scaffolding and staging, protective fences, bridges
and sidewalk hooks. The Contractor shall also assume responsibility for all loss or damage
caused by, arising out of or incident to larceny, theft, or any cause whatsoever (except as
hereinbefore provided) to the structure on which the work of this Contract, and any
modifications, alterations, enlargement thereto, is to be done, and to the following items and
labor connected or to be used as a part of the permanent materials and supplies necessary to
the work.
6.6 Notification in Event of Liability of Damage Upon the occurrence of any event, the liability for
which is herein assumed, the Contractor agrees to forthwith notify the Owner, in writing,
such happening, which notice shall forthwith give the details as to the happening, the cause
as far as can be ascertained, the estimate of loss or damage done, the names of witnesses, if
any, and stating the amount of any claim.
7 ASSIGNMENT OF CONTRACT
7.1 The Contractor shall not assign or transfer this Contract, nor sublet it as a whole, without the
written consent of the Owner and of the Surety on the Contractor’s Bond. Such consent of
Surety, together with copy of assignment shall be filed with the Engineer. No assignment,
transfer of subletting, even though consented to, shall relieve the Contractor of the
Contractor’s liabilities under this Contract. Should any assignee fail to perform the work
undertaken by the Assignee in a satisfactory manner, the Owner may at the Owner’s option
annul and terminate Assignee’s Contract.
8 SUB-CONTRACTS
8.1 The Contractor shall, as soon as practicable after the signing of the Contract, notify both the
Owner and the Engineer in writing of the names of Subcontractors proposed for the work
and shall not employ any that the Owner or the Engineers may within a reasonable time
object to as incompetent or unfit.
8.2 The Contractor agrees that the Contractor is as fully responsible to the Owner for the acts and
omissions of the Contractor’s subcontractors and of persons either directly or indirectly
employed by them, as the Contractor is for the acts and omissions of persons directly
employed by the Contractor.
8.3 Nothing contained in the Contract Documents shall create any contractual relation between
any Subcontractor and the Owner.
8.4 No officer, agent or employee of Owner, including the Engineer, shall have any power or
authority whatsoever to bind the Owner or incur any obligation in its behalf to any
Subcontractor, material supplier, or other person in any manner whatsoever.
9 OTHER CONTRACTS
9.1 The Owner reserves the right to let other contracts in connection with this work. The
Contractor shall afford other Contractors reasonable opportunity for the introduction and
storage of their materials and execution of their work, and shall properly connect and
coordinate the Contractor’s work with theirs.
9.2 If any part of the Contractor’s work depends for proper execution or results on the work of
any other Contractor, the Contractor shall inspect and promptly report to the Engineer any
defect in such work that renders it unsuitable for such proper execution and results.
9.3 The Contractor’s failure to inspect and report shall constitute an acceptance of the other
Contractor’s work as fit and proper for the reception of his work, except as to defects which
may develop in the other Contractor’s work after the execution of the Contractor’s work.
9.4 Wherever work being done by the Owner’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, in order to secure the completion of the various portions of the
work in general harmony.
10 LEGAL RESTRICTIONS
10.1 The Contractor shall procure at the Contractor’s own expense all necessary licenses and
permits of a temporary nature and shall give due and adequate notice to those in control of
all licenses and easements for permanent structure or permanent changes in existing
facilities shall be provided by the Owner unless otherwise specified. The Contractor shall
have all notices and comply with all laws, ordinances, rules and regulations bearing on the
conduct of the work as drawn or specified.
11 ROYALTIES AND PATENTS
11.1 It is agreed that all royalties for patents or patent infringement claims, whether such patents
are for processes or devices, that might be involved in the construction or use of the work,
shall be included in the Contract amount and the Contractor shall satisfy all demands that
may be made at any time for such, and shall be liable for any damages or claim for patent
infringements, and the Contractor shall at the Contractor’s own expense, defend any and all
suits or proceedings that may be instituted at any time against the Owner for infringement or
alleged infringement of any patent or patents involved in the work, and in case of an award
of damages, the said Contractor shall pay such award; final payment to the Contractor by the
Owner will not be made while any such suits or claims remain unsettled.
12 SCOPE AND INTENT OF SPECIFICATIONS AND PLANS
12.1 General
12.1.1 These Specifications and Project Plans are intended to supplement, but not necessarily
duplicate each other, and together constitute one complete set of Specifications and Plans so
that any work exhibited in the one and not in the other, shall be executed just as if it has been
set forth in both, in order that the work shall be completed according to the complete design of
the Engineer.
12.1.2 Should anything be omitted from the Specifications and Plans which is necessary to a
clear understanding of the work, or should it appear various instructions are in conflict, then the
Contractor shall secure written instructions from the Engineer before proceeding with the
construction affected by such omissions or discrepancies. It is understood and agreed that the
work shall be performed and completed according to the true spirit, meaning and intent of the
Contract, Specifications and Plans.
12.2 Figures Dimensions to Govern
12.2.1 Dimensions and elevations shown on the Plans shall be accurately followed, even though
they differ from scaled measurements. No work shown on the Plans, the dimensions of which
are not indicated, shall be executed until the required dimensions have been obtained from the
Engineer.
12.3 Contractor to Check Plans and Schedules
12.3.1 The Contractor shall check all dimensions, elevations and quantities shown on the Plans
and schedules given to the Contractor by the Engineer, and shall notify the Engineer of any
discrepancy between the Plans and the conditions on the ground, or any error or omissions in
the plans, or in the layout as given by stakes, points, or instructions, which the Contractor may
discover in the course of the work. The Contractor will not be allowed to take advantage of any
error or omission in the Plans or Contract Documents, as full instructions will be furnished by the
Engineer should error or omission be discovered, and the Contractor shall carry out such
instructions as if originally specified.
12.3.2 The apparent silence of the Plans and Specifications as to any detail or the apparent
omission from them of a detailed description concerning any point, shall be regarded as
meaning that only the best general practices, as accepted by the particular trades or industries
involved, shall be used.
13 SUPERVISION
13.1 The Owner may appoint or employ (either directly or through the Engineer) such engineering
inspectors as the Owner may deem proper, to inspect the materials furnished and the work
performed under this Contract, and to see that the said materials are furnished, and the said
work performed, in accordance with the Plans and Specifications therefore.
13.2 The Contractor shall furnish all reasonable aid and assistance required by the Engineer, or by
the Supervisors or Inspectors, for the proper inspections and examination of the work and all
parts therefore.
13.3 The Contractor shall regard and obey the directions and instructions of the Engineer, or by
the Supervisors or Inspectors, for the proper inspection and examination of the work and all
parts thereof.
13.4 The Contractor shall regard and obey the directions and instructions of the Engineer, or any
Supervisor or Inspector so appointed, when the same are consistent with the obligations of
this Contract and the Specifications therefore, provided, however, that should the Contractor
object to any order given by any subordinate Engineer, Supervisor, or Inspector, the
Contractor may make written appeal to the Engineer for his decision.
13.5 Engineering Inspectors, and other properly authorized representative of the Owner or
Engineer shall be free at all times to perform their duties, and intimidation or attempted
intimidation of anyone of them by the Contractor or by any of the Contractor’s employees
shall be sufficient reason, if the Owner so decides to annul the Contract.
13.6 Such inspection shall not relieve the Contractor from any obligation to perform said work
strictly in accordance with the Plans and Specifications or any modifications thereof as herein
provided, and work not so constructed shall be removed and made good by the Contractor at
the Contractor’s own expense, and free of all expense to the Owner, whenever so ordered by
the Engineer, without reference to any previous oversight or error in inspection. Any
defective material or workmanship may be rejected by the Engineer at any time before the
final acceptance of the work, even though the same may have been previously overlooked
and estimated for payment.
13.7 Inspector shall have authority subject to the final decision of the Engineer to condemn and
reject any defective work or material and to suspend the work when the same is not being
properly done.
13.8 All condemned work shall be promptly taken out and replaced by satisfactory work; all
condemned materials shall be promptly removed from the vicinity of the work. Should the
Contractor fail or refuse to comply with instructions in this respect the Owner may, upon
certification by Engineer, withhold payment or proceed to terminate Contracts as herein
provided.
13.9 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 done in accordance with
the Contract Documents, the Owner shall pay the cost of re-examination and replacement. If
such work be found not in accordance with the Contract Documents, the Contractor shall pay
such cost, unless the Contractor shall show that defect in the work was caused by another
Contractor of the Owner and in that event the Owner shall pay the cost.
13.10 The Contractor shall furnish samples for testing purposes of any material required by the
Engineer, and shall furnish any information required concerning the nature or source of any
material which the Contractor proposes to use. Laboratory tests are to be made as directed
by the City Engineer and the cost to be paid by the Owner.
14 LINE AND GRADE
14.1 All construction work shall be done to the lines and grades shown on the Plans. The Engineer
will establish on the site horizontal and vertical control bench marks as shown on the Plans.
Detailed survey and staking for location and grade of individual structures or other
construction, as well as measurements and elevations within structures shall be performed
by the Contractor.
14.2 For the construction of sewers, water lines, street and other types of lines or route work, the
Engineer will establish on the site horizontal and vertical control bench marks, as shown on
the Plans, with reference to dimensions thereto from which the work may be laid out by the
Contractor.
14.3 Consult Special Conditions for any exceptions to above requirements concerning detailed
survey and staking applying to this particular contract. In any case, all such detailed survey
and stake out shall be checked by the Contractor who shall assume full responsibility for the
accuracy and correctness thereof.
14.4 In all cases, the Contractor shall provide without extra compensation, competent workers and
the necessary tools, and other materials required for proper checking of the work.
14.5 The Contractor shall without extra compensation furnish competent workers and the
necessary tools to make all test holes and exploration required at anytime for the purpose of
determining the location of existing structures beneath the ground surface which might
conflict or interfere with this work.
14.6 The Contractor shall carefully preserve all monuments, reference points, stakes and bench
marks set by the Engineer, and in case of destruction of same through carelessness or
negligence on the part of the Contractor, he will be charged with the resulting expense of
replacement and responsibility for any mistakes or loss of time caused thereby.
15 SUPERINTENDENCE
15.1 The Contractor shall keep on the project, during its progress, a competent Superintendent
and any necessary assistants, all satisfactory to the Engineer. The Superintendent shall
represent the Contractor in the Contractor’s absence and all directions given to the
Superintendent shall be binding as if given to the Contractor.
15.2 The Contractor shall provide proper tools and equipment and the services of all workers,
mechanics, trades people, and other employees necessary in the construction and execution
of the work contemplated and outlined herein. The employees of the Contractor shall be
competent and willing to perform satisfactorily the work required of them. Any employee
who is disorderly, intemperate or incompetent or who neglects or refused to perform his
work in a satisfactory manner, shall upon the request of the Engineer, be promptly
discharged from the project and shall not be re-employed except with the Engineer’s
consent.
15.3 It is called particularly to the Contractor’s attention that only first class workmanship will be
acceptable.
16 PROTECTION OF WORK
16.1 The Contractor shall continuously maintain adequate protection of all the Contractor’s work
from damage and shall protect the Owner’s property from injury of loss arising in connection
with this Contract. The Contractor shall make good any such damage, injury or loss, except
such as may be directly due to errors in the Contract Documents or caused by agents or
employees of the Owner. The Contractor shall adequately protect adjacent property as
provided by law and the Contract Documents. The Contractor shall provide and maintain all
passage ways, guard fences, lights and other facilities for protection required by public
authority of local conditions.
16.2 In an emergency affecting the safety of life or of the work or of adjoining property, the
Contractor without special instruction or authorization from the Engineer, is hereby
permitted to act at the Contractor’s discretion to prevent such threatened loss or injury, and
the Contractor shall so act, without appeal, if so instructed or authorized. Any compensation,
claimed by the Contractor on account of emergency work, shall be determined by agreement
or arbitration.
16.3 Whenever, in the opinion of the Engineer, the Contractor has not taken sufficient precaution
for the safety of the public or the protection of the work to be constructed under this
Contract, or of adjacent structures or property which may be injured by the processes of
construction on account of such neglect, and whenever, in the opinion of the Engineer, an
emergency shall arise and immediate action shall be considered necessary in order to protect
the public or private, personal or property interest, then the Engineer, with or without notice
to the Contractor, may provide suitable protection to the said interest by causing such work
to be done and material to be furnished and placed as the Engineer may consider necessary
and adequate.
16.4 The cost and expense of such work and material so furnished shall be borne by the
Contractor, and, if the same shall not be paid on presentation of the bills therefore, such
costs shall be deducted from any amounts due or to become due the Contractor. The
performance of such emergency work under the direction of the Engineer shall in no way
relieve the Contractor of responsibility for damages which may occur during or after such
precaution has been duly taken by the Engineer.
17 SAFETY REGULATIONS
17.1 Notwithstanding any other provisions to the contrary, the Contract Documents shall be
subject to the applicable provisions of the Williams-Steiger Occupational Safety and Health
Act of 1970, Public Law 91-596, 84 Stat. 1590, 29 U.S.C. 651-678; and Iowa Code Chapter 88;
and all lawful regulations and rules pursuant thereto.
18 MATERIALS AND WORKMANSHIP
18.1 The Contractor hereby guarantees the work in connection with this Contract against faulty
materials or poor workmanship during the period of time, as set out in the Notice after the
date of completion and acceptance of the Contract.
18.2 The Contractor warrants to the Owner that materials and equipment furnished under the
Contract will be new, merchantable, of good quality, and that the Work will be free from
defects, and that the Work will conform to the Contract Documents.
18.3 The Contractor warrants to the Owner that materials and equipment furnished under the
Contract will be of good quality and new unless otherwise required or permitted by the
Contract Documents, that the workmanship will be free from defects not inherent in the
quality required or permitted, that the workmanship will comply with all applicable laws,
building codes, rules and regulations, and that the workmanship will conform to the
requirements of the Contract Documents.
19 SHOP DRAWINGS
19.1 The Contractor shall furnish the Engineer with duplicate copies of all shop and erection
Drawings for preliminary approval. These Drawings shall include the Drawings prepared on
structural and reinforcing steel, special layout, Drawings of equipment or machinery
purchased under this Contract, and any other supplementary Drawings required in the
prosecution of the work. One copy shall be returned to the Contractor for correction and one
copy retained by the Engineer for office reference. After correction, the Contractor shall
submit five (5) corrected copies to the Engineer for final approval and distribution to all
interested parties. No material or equipment shall be used or installed until such formal
approval is received by the Contractor.
19.2 The purpose of having shop and erection Drawings checked and approved by the Engineer are
two-fold:
19.2.1 To assure the compliance with the purpose and intent of the Plans and Specifications.
19.2.2 To assist the Contractor in interpreting the Plans and Specifications so as to eliminate
mistakes in the material or equipment actually shipped to the site of the work.
19.2.3 The formal approval given to the Contractor is to be considered as in compliance with
these purposes and in no manner shall be construed so as to relieve the Contractor from any
liability or responsibility for proper construction or compliance with the Plans and Specifications.
20 USE OF COMPLETED WORK
20.1 The Owner shall have the right to take possession of and use any completed or partially
completed portions of the work, notwithstanding the time for completing the entire work or
such portions as may not have expired; but such taking, possession and use shall not be
deemed an acceptance of any work not completed in accordance with the Contract
Documents.
21 CHANGED WORK
21.1 The Owner, without invalidating the Contract, may order additional work to be done in
connection with the Contract, or may alter or deduct from the work, the contract sum to be
adjusted accordingly. All such work shall be executed under the conditions of the original
Contract and subject to the same inspection and test as though therein included.
21.2 Provided, however, that any additional, omitted or changed work shall not be ordered,
undertaken or commenced until after the consent has been obtained in writing of the
Contractor’s construction surety bonds persons, except minor changes not inconsistent with
the general purpose of the Contract not involving costs or substitutions of materials.
21.3 The Owner shall have authority, by verbal instructions, to make minor changes in the work,
not involving cost, and not inconsistent with the purposes of the work. Otherwise, except in
an emergency endangering life or property, all extra work or changes shall be done as
ordered in writing by the Owner, which order shall state the location, character, amount, and
method of compensation. No extra work or change shall be made unless in pursuance of
such written order by the Owner, and no claim for an addition to the Contract sum shall be
valid unless so ordered. The adjustment to the Contract sum for any such extra work or
change shall be determined in one or more of the following ways:
21.3.1 By a Lump Sum Price agreed upon prior to starting the additional or changed work.
21.3.2 By Unit Prices named in the Proposal or as agreed upon prior to starting the additional or
changed work.
21.3.3 By cost plus a fixed fee, the latter agreed upon prior to starting the additional or changed
work.
21.3.4 By cost plus percentage, the latter agreed upon prior to starting the additional or changed
work.
21.4 “Cost” in methods (21.3.3) and (21.3.4) shall include all labor, materials, power fuel and
rental on major items of equipment. The Contractor shall keep and present in such forms as
the Engineer may direct, a correct account of the several items of cost together with
vouchers. This definition and requirement applies equally to work done by Subcontractors.
21.5 Under method (21.3.4), compensation or adjustment for work done by Subcontractors shall
be computed on the same basis as if done by the Contractor except that ten percent (10%)
shall be added to the amount or charged by the Subcontractor.
21.6 The above percentages shall be understood to include all other costs and compensation such
as insurance, small tools, superintendence, office and other overhead costs and profit.
Rental on equipment shall be charged against the additional or changed work only for the
actual time which the equipment is used specifically thereof, and will be charged according to
the current schedule of the Associated General Contractors of America, whether owned or
rented by the Contractor. Transportation charges necessarily incurred in connection with
equipment authorized by the Engineer for use on the extra work which is not already on the
job will be charged.
21.7 Changed work shall be adjusted considering separately the parts of the work added and the
parts omitted. Amount of adjustment for parts omitted shall be estimated at time omission
of work is authorized and the agreed adjustment will be deducted from final quantities.
21.8 Statements for additional or changed work shall be rendered by the Contractor not later than
fifteen (15) days after the completion of each assignment of additional or changed work and
if found correct will be approved by the Engineer and submitted for payment with the final
quantities.
21.9 The Owner reserves the right to Contract with any person or firm other than the Contractor
for any or all extra work. The Contractor’s attention is especially called to the fact that he
shall be entitled to no claim for damages for anticipated profits on any portion of the work
that may be omitted.
21.10 In Unit Price Contracts, the total quantity of work may be adjusted upward or downward by
the Owner, to the extent that the final Contract price is between 80 and 120 percent of the
original estimated Contract price. Amounts of individual items may be varied to any extent
and individual items may be omitted entirely as long as the above limits are met. In the
event that the total quantity of work is adjusted upward or downward beyond the above
limits, that portion of the work beyond said limits may be performed at the original Contract
unit prices if agreed by the Owner and the Contractor, or otherwise, shall be handled in
accordance with the provisions stated previously in this article.
22 DISPUTED CLAIMS
22.1 In any case where the Contractor deems that extra compensation is due the Contractor for
work material not clearly covered in the Contractor’s Contract and not ordered by the
Engineer as extra work as defined herein, the Contractor shall notify the Engineer in writing
of the Contractor’s intention to make claim for such extra compensation before the
Contractor begins the work on which the contractor bases the Contractor’s claim.
22.2 In either case, if such notification is not given, or if after such notification is given, the
Engineer is not afforded facilities for keeping strict account of actual costs as defined for
force-account construction, the Contractor thereby agrees to waive the claim for extra
compensation for such work. Such notice by the Contractor, and the fact that the Engineer
has kept account of the cost as aforesaid, shall not be construed as establishing the validity of
the claim. The claim, when filed, shall be in writing and in sufficient detail to permit auditing
and an intelligent evaluation by the Owner. The claim shall be supported by such
documentary evidence as the claimant has available and shall be verified by affidavit or the
claimant or other persons having knowledge of the facts. In the claim shall be accompanied
by a written request to do so. Where the claimant asks an opportunity to present the
claimant’s claim in person, the Owner, within thirty (30) days of filing of the claim, shall fix a
time and place for a meeting between the claimants, the Owner, or its designated
representative or representatives. The Owner shall, within a reasonable time from the filing
of the claim or the meeting above referred to, whichever is later, rule upon the validity of the
claim and notify the claimant, in writing, of its ruling together with the reasons thereof. In
case the claim is found to be just, in whole or in part, it shall be allowed and paid to the
extent so found.
22.3 Any claim of the Contractor denied in whole or in part by the Owner or Engineer may be
submitted to arbitration as set forth in Article 32.
23 OWNER’S RIGHT TO DO WORK
23.1 The Owner may at any time without cause suspend the work of any part thereof by giving ten
(10) days written notice to the Contractor. The work shall be resumed by the Contractor
within ten (10) days after the date fixed in the written notice from the Owner to the
Contractor to do so. Failure of the Contractor to maintain the policies of insurance as
required by Section 6 shall constitute a substantial violation of the Contract and the Owner
shall have the right to suspend and/or terminate the Contract in accordance with Section 25.
23.2 If the work or any part thereof, shall be stopped by the notice in writing aforesaid and if the
Owner does not give notice in writing to the Contractor to resume within a reasonable period
of time, then the Contractor may abandon that portion of the work so suspended, and he will
be entitled to the estimated payments for all work done on the portions abandoned, if any.
24 OWNER’S RIGHT TO DO WORK
24.1 If the Contractor should be adjudged bankrupt, or if he Contractor should make a general
assignment for the benefit of the Contractor’s creditors, or if a receiver should be appointed
on account of the Contractor’s insolvency, or if the Contractor should persistently or
repeatedly refuse or should fail, except in cases for which extension of time is provided, to
supply enough properly skilled workers or proper materials, of if the Contractor should fail to
make prompt payments to subcontractors or for material or labor, or persistently disregard
laws, ordinances or instructions of the Engineer, or otherwise by guilty of a substantial
violation of any provision of the Contract, then the Owner, upon the certificate of the
Engineer that sufficient cause exits to justify such action, may without prejudice to any other
right 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 the Engineer may
deem expedient.
24.2 In such case, 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 expense of
finishing the work, including compensation for additional managerial and administrative
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 Owner. The expense incurred
by the Owner as herein provided and damage incurred through the Contractor’s default, shall
be certified by the Engineer.
24.3 Pending arbitration or settlement of disputes on any point of controversy the Engineer may
suspend action on all or any part of the work. The Contractor shall not be entitled to any
claim for loss or damage by reason of such delay nor shall he be entitled to extension of time
although such extension of time may be granted by the Engineer if the Engineer deems it in
the interest of the work.
25 CONTRACT TERMINATION
25.1 If the Contractor should be adjudged bankrupt, or if he should make a general assignment for
the benefit of the Contractor’s creditors, or if a receiver should be appointed on account of
the Contractor’s insolvency, or if the Contractor should persistently or repeatedly refuse or
should fail, except in cases for which extension of time is provided, to supply enough properly
skilled workers or proper materials, or if the Contractor should fail to make prompt payment
to subcontractors or for material or labor, or persistently disregard laws, ordinances or
instructions of the Engineer, or otherwise be guilty of substantial violation of any provision of
the contract, then the Owner, upon the certificate of the Engineer that sufficient cause exists
to justify such action, may, without prejudice to any other right 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 the Engineer may deem expedient.
25.2 In such case, 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 expense of
finishing the work, including compensation for additional managerial and administrative
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 Owner. The expense incurred
by the Owner as herein provided and the damage incurred through the Contractor’s default,
shall be certified by the Engineer.
25.3 Pending arbitration or settlement of disputes on any point of controversy, the Engineer may
suspend action on all or any part of the work. The Contractor shall not be entitled to any
claim for loss or damage by reason of such delay nor shall the Contractor be entitled to
extension of time although such extension of time may be granted by the Engineer if the
Engineer deems it in the interest of the work.
26 CONTRACTOR’S RIGHTS
26.1 If the work should be stopped under an order of any court, or other public authority, for a
period of three (3) months, through no act or fault of the Contractor or of anyone employed
by the Contractor, or if the Engineer should fail to issue any estimate for payment within
fourteen (14) days after it is due, or if the Owner should fail to pay the Contractor within
twenty (20) days of its maturity and presentation any sum certified by the Engineer or
awarded by arbitrators, then the Contractor, may, upon seven (7) days written notice to the
Owner and the Engineer, stop work or terminate this Contract.
27 TIME OF COMPLETION
27.1 The Contract shall be completed within the time stated in the NOTICE OF HEARING AND
LETTING subject to such extensions as may from time to time be allowed the Contractor by
the Owner as hereinafter provided.
28 DELAYS
28.1 The Contractor expressly covenants and agrees that in undertaking to complete the work
within the time herein fixed, the Contractor has taken into consideration and made
allowances for all of the ordinary delays and hindrances incident to such work, whether
growing out of delays in securing materials or workers, reasonably anticipatable weather, or
otherwise. Should the Contractor, however, be delayed in the prosecution and completion of
the work by reason of delayed shipment orders, abnormal weather, or by any changes,
additions, omissions therein ordered in writing by the Owner, through no fault of the
Contractor (0r by the abandonment of the work by the workers engaged thereon), or by any
act taken by the U.S. Government such as the commandeering of labor, or materials,
embargoes, etc., which would affect the fabrication or delivery of materials and/or
equipment to the work; or by neglect, delay or default of any other contractor of the Owner,
or delays caused by court proceedings; the Contractor shall have no claims for damages for
any such cause or delay; but shall in such cases be entitled to such extension of the time
specified for the completion of the work as the Owner shall award in writing on account of
such delays, provided, however, that claim for such extension of time is made by the
Contractor to the Owner in writing with one (1) week from the time when any such alleged
cause for delay shall occur.
29 PAYMENTS
29.1 Payment to the Contractor will be on the basis of monthly estimates equivalent to ninety-five
percent (95%) of the contract value of the work completed and payments made to material
suppliers for materials ordered specifically for the project or delivered to the site during the
preceding calendar month. Estimates will be prepared on the first day of each month by the
Contractor, subject to the approval of the Engineer. Such monthly payments shall in no way
be construed as an act of acceptance for any part of the work partially or totally completed.
Final payment by the City will be made in accordance with Iowa statutes and the contract
documents.
29.2 The Contractor shall reimburse the Owner for any Engineer’s or Architect’s additional services
or attorney’s fees made necessary by the Contractor’s failure to finally complete the Work
within sixty (60) days after the date specified in the Contract Documents for Project
Substantial Completion.
29.3 Request for Early Release of Retainage Funds:
Upon achieving Substantial Completion, as defined by Iowa Code Chapter 26, the Contractor
may formally request the release of all or part of the retainage funds being held on the
Project. The Contractors’ request for Release of the Retainage Funds shall be accompanied
by a sworn statement that ten (10) calendar days prior to filing the Request for Release of the
Funds a notice was given to all known subcontractors, sub-subcontractors and suppliers that
the Contractor is requesting the early release of retainage funds. If proper documentation is
received from the Contractor, the Owner will release all retainage funds at the next monthly
Board meeting or within thirty (30) days, whichever is less, except it may retain the following:
a)An amount equal to 200% of the value of labor or materials yet to be provided on the Project
as determined by the Owner and its authorized contract representative. For purposes of this
section, “authorized contract representative” means the Architect of record on the Project,
unless otherwise specified.
b)An amount equal to 200% of the value of any Chapter 573 claims currently on file at the time
the Request for Release of Retainage is approved.
If the Owner withholds an amount from the retainage payment to the Contractor, the Owner
will provide a reason the request is being denied to the Contractor within thirty (30) calendar
days of the receipt of the request.
30 PAYMENTS WITHHELD
30.1 The Owner may withhold or, on account of subsequently discovering evidence, nullify the
whole or a part of any certificate to such an extent as may be necessary to protect himself
from loss on account of:
30.1.1 Defective work not remedied.
30.1.2 Claims filed or reasonable evidence indicating a probable filing of claims.
30.1.3 Failure of the Contractor to make payments properly to Subcontractors or for material or
labor.
30.1.4 A reasonable doubt that the Contract can be completed for the balance then unpaid.
30.1.5 Damage to another Contractor.
30.1.6 Any other violation of or failure to comply with the provisions of this Contract.
31 SALES TAX
31.1 The Contractor shall prepare, (and require all his Subcontractors to prepare), and execute the
Iowa Contractor’s Statement showing all sales and use taxes paid on material entering
permanently into the construction of the Project. This report shall be submitted to the City
Clerk immediately upon completion of the work or at any other interval of time as may be
necessary, in order that the City may timely apply to the Iowa Department of Revenue for
their refund.
32 REMEDIES
32.1 Subject to any submission and notice provisions contained in the Contract Documents,
including those in Articles 22 and 28, which shall be conditions precedent to a request for
arbitration, all controversies and claims between the parties may be submitted to arbitration,
at the sole discretion of the Owner. If the Owner refuses to allow arbitration of a controversy
or claim, then the parties agree and consent to the jurisdiction of the Iowa District Court for
Dallas County.
32.2 During such time as any dispute is the subject of a demand for arbitration or a lawsuit, the
contract terms shall remain in force and work shall continue as directed by the Owner or
Engineer. Failure of the Contractor to continue to work as directed shall constitute a waiver
by the Contractor of its claim.
32.3 All disputes allowed by the Owner to be submitted to arbitration shall be decided in
accordance with the Construction Industry Arbitration Rules of American Arbitration
Association (“AAA”).
32.4 A written demand for arbitration shall be filed with the American Arbitration Association
office in Minneapolis, Minnesota and with the other party within a reasonable time after the
date of final payment to the Contractor by the Owner or after the expiration of thirty days
from the rendering of a written decision by the Engineer, whichever earlier occurs.
32.5 Notwithstanding the Rules of the AAA, the arbitration panel shall consist of three persons.
The Owner and the Contractor shall each appoint an arbitrator and the third shall be
appointed by agreement of the appointees of the Owner and Contractor.
32.6 The arbitrators’ award shall contain findings of fact and conclusions of law. The award shall
be final, binding and conclusive as to findings of facts in accordance with the applicable
arbitration law, but shall be reviewable for errors of law.
32.7 Nothing contained herein shall increase or otherwise expand the Owner’s obligation to pay
the Contractor other than documented and audited cases in accordance with the Owner’s
rules and regulations, regarding cost or pricing data analysis and cost principles.
SUPPLEMENTAL - 2
SUPPLEMENTAL REGULATIONS
TRIUMPH PARK
700 NW DOUGLAS PKWY
WAUKEE, IOWA
INDEX
1. PURPOSE
2. LOCATION
3. COPIES OF PLANS AND SPECIFICATIONS
4. PAYMENT
5. FINAL REVIEW AND ACCEPTANCE
6. SALES TAX
1. PURPOSE
1.1 SUPPLEMENTATL REGULATIONS are intended to clarify, supplemental or supersede
REGULATIONS OF THE CONTRACT.
2. LOCATION
2.1 All work is located within the City of Waukee, Iowa, in easements on private property
and on property owned by the City of Waukee.
3. COPIES OF PLANS AND SPECIFICATIONS
3.1 After award of the contract, the Engineer will furnish the Contractor up to five (5) sets of
Plans and Specifications. Additional copies will be furnished at the Engineer’s cost of
reproduction.
4. PAYMENT
4.1 Separate payment will be made for only those items specially listed in the Proposal. All
other work shall be paid for by applicable Unit Prices for items to which work pertains.
5. FINAL REVIEW AND ACCEPTANCE
5.1 Notify Engineer when installation is considered complete and ready for Final Review.
5.2 Owner will accept work and make final payment to Contractor:
5.2.1 When the Engineer has certified the work of the Contractor has been reviewed
and stated that the work is complete and in essential compliance with the Plans
and Specifications;
5.2.2 When Contractor has filed with Owner or Engineer documents called for in
Specifications.
5.2.3 When all government agencies involved have indicated, in writing that the work
is complete and acceptable; and
5.2.4 Contractor to provide Chapter 573 Claim Waivers for all materials supplied and
labor provided on the Project.
6. SALES TAX
6.1 In lieu of Paragraph 31.1, Sales Tax, of the Regulations of the Contract, the Contractor
will utilize a sales tax exemption certificate (provided by the City) for all materials
purchased for incorporation in the project.
SPECIAL CONDITIONS
TRIUMPH PARK
700 NW DOUGLAS PKWY
WAUKEE, IOWA
INDEX
1. FORM OF TECHNICAL 8. SOIL BORINGS
SPECIFICATIONS 9. CONSTRUCTION ON HIGHWAY
2. NOTICE TO PROCEED RIGHT OF WAY
3. SERVICE FACILITIES 10. EMPLOYMENT PRACTICES
4. MINOR WORK 11. WORK HOURS
5. WASTE SITES 12. DUST ABATEMENT
6. WORKING DAYS 13. WATER USAGE
7. CONSTRUCTION FACILITIES 14. QUANTITIES
BY CONTRACTOR
1. FORM OF TECHNICAL SPECIFICATIONS
1.1 Omissions of words or phrases such as “the Contractor shall”, “in
accordance with”, “shall be”, “as noted on the Plans”, “according to the
Plans”, “a”, “an”, “the”, and “all” are intentional, supply omitted words or
phrases by inference.
1.2 “Owner” and “City” shall mean the City of Waukee, Iowa, acting through
the City Council.
1.3 “Person” shall mean any individual, partnership, limited partnership, joint
venture, society, association, joint stock company, corporation, limited
liability company, estate, receiver, trustee, assignee, or referee, whether
appointed by a court or otherwise, and any combination of individuals.
1.4 “Engineer” shall mean the City of Waukee City Engineer or designated
agent.
1.5 “Standard Drawings” shall mean Construction Detail Drawings bound with
these Specifications.
1.6 “Work” shall mean the work to be done and the equipment, supplies, and
materials to be furnished under the contract unless some other meaning is
indicated by the context.
1.7 “Or equal” shall follow manufacturers names used to establish standards
and, if not stated, is implied.
2. NOTICE TO PROCEED
2.1 The Contractor shall proceed with the work and in the time set forth
according to the conditions as outlined in the NOTICE TO BIDDERS AND
NOTICE OF PUBLIC HEARING upon issuance of a written Notice to
Proceed.
3. SERVICE FACILITIES
3.1 The Contractor will be required to make arrangements for all services required during
the construction period and pay for such services at no additional cost to the Owner.
4. MINOR WORK
4.1 Any minor work not specifically mentioned in the Specifications as shown
on the Plans but obviously necessary for the proper completion of the
work shall be considered as being a part of and included in the contract
and shall be executed in the proper manner and the Contractor shall not
be entitled to extra or additional compensation for the same.
5. WASTE SITES
5.1 All waste material shall be hauled to a site of the Contractor’s choice with the Engineer’s
approval or the Metro East Sanitary Landfill. Disposal costs will be included in the
Contract Cost and not paid by the City as a separate item.
6. WORKING DAYS
6.1 Except for such work as may be required to properly maintain lights and barricades, no
work will be permitted on Sundays or legal holidays without specific permission of the
Engineer.
7.CONSTRUCTION FACILITIES BY CONTRACTOR
7.1 Provide a telephone, attended at all times during the working day; provide liaison
between telephone and construction personnel for expeditious handling of messages.
7.2 Provide suitable protection necessary for proper storage of materials and
equipment.
7.3 Location of all construction facilities, including project construction plant and yard,
subject to approval by Public Works Director; remove all construction facilities upon
completion of work.
7.4 Provide and maintain suitable sanitary facilities for construction personnel for duration
of work; remove upon completion of work.
7.5 Provide fence, barricades, and/or watchmen to prevent access to unauthorized persons
to site where work is in progress.
7.6 Provide telephone number(s) at which responsible representative of Contractor can be
contacted evenings, weekends and holidays.
8.SOIL BORINGS
8.1 Soil borings have not been made along proposed route of work.
8.2 Obtain permission of Engineer to make borings along proposed route of
work.
9. CONSTRUCTION ON HIGHWAY RIGHT OF WAY
9.1 All work in Right of Way of State and Federal Highways must comply with
requirements of Iowa Department of Transportation.
10.EMPLOYMENT PRACTICES
10.1 Neither the Contractor nor his Subcontractors, shall employ any person
whose physical or mental condition is such that this employment will
endanger the health and safety of himself or others employed on the
Project.
10.2 The Contractor shall not commit any of the following employment
practices and agrees to include the following clauses in any Subcontracts:
10.2.1 To discharge from employment or refuse to hire any
individual because of sex, race, color, religion, national origin,
sexual orientation, marital status, age, or disability unless
such disability is related to job performance of such person
or employee.
10.2.2 To discriminate against any individual in terms, conditions, or
privileges of employment because of sex, race, color, religion, national
origin, sexual orientation, marital status, age, or disability unless such
disability is related to job performance of such person or employee.
11. WORK HOURS
11.1 The Contractor will be required to limit the Contractor’s work hours on the
Project from 7:00 a.m. to 9:00 p.m., Monday through Friday unless noted
on plans. Should equipment be used which is excessively noisy and
distressing to area residents, the Engineer reserves the right to limit hours
of operation from 7:00 a.m. to 7:00 p.m. Prior approval from the Engineer
will be required for work on weekends or holidays.
12. DUST ABATEMENT
12.1 The Contractor shall make a reasonable effort to assure dust does not
become a problem. The Engineer reserves the right to stop Contractor’s
operations whenever dust becomes a problem on the Project and direct
the Contractor to revise operations to solve the dust problem. It is
realized some dust on the Project is inevitable, but it must be kept to a
minimum.
13. WATER USAGE
13.1 The City of Waukee Public Works will provide the Contractor water on the
Project per current bulk water usage rates, with the following
requirements:
13.1.1 The water is to be metered and the Contractor must obtain
the meter from the Waukee Public Works Department and a
refundable meter deposit is required.
13.1.2 The Contractor will abide by rules and regulations of bulk
water usage as prepared by Waukee Public Works.
13.1.3 The Contractor will only use hydrants that have been
previously approved by the Waukee Public Works for bulk
water usage.
13.1.4 The Contractor shall not use water from private residential or
business hose bibs, without the written consent of the
private owner. Any such agreements must be filed with the
Engineer prior to water usage.
14. QUANTITIES
14.1 The Contractor is to realize some of the quantities on this Project are best estimates and
may vary from actual conditions at time of construction of the Project. Quantities must
be regarded as approximate only, and are given as a guide to the Bidder and for
comparison of Bids. The City reserves the right to increase or diminish these quantities
within reasonable limits and the Contractor will be paid for only as much work as the
contractor is required to do by the City at the unit price stated in the Proposal.