HomeMy WebLinkAbout2021-09-07-J01U 10-inch Gas Distribution Main_Approve Contract, BondAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: September 7, 2021
AGENDA ITEM:Consideration of approval of a resolution approving contract, bond [10-
inch Gas Distribution Main 2021, Meredith/NW 10th Street Project]
FORMAT:Consent Agenda
SYNOPSIS INCLUDING PRO & CON:
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:$1,053,750.00
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the resolution approving contract and bond with Meade, Inc.,
of Willowbrook, IL, in the amount of $1,053,750.00.
ATTACHMENTS: I. Proposed Resolution
II. Contract, Bond
PREPARED BY: Becky Schuett
REVIEWED BY:
J1U
RESOLUTION 2021-
RESOLUTION APPROVING CONSTRUCTION CONTRACT
AND BOND FOR THE 10-INCH PROJECT MEREDITH/NW
10TH ST. - 2021
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WAUKEE, STATE
OF IOWA:
That the construction contract and bond executed and insurance coverage for the
construction of certain public improvements described in general as the 10-inch Project
Meredith/NW 10th St. - 2021, and as described in detail in the plans and specifications heretofore
approved, and which have been signed by the Mayor and Clerk on behalf of the City be and the
same are hereby approved as follows:
Contractor: Meade, Inc., of Willowbrook, IL
Amount of bid: $1,053,750.00
Bond surety: Continental Casualty Company
Date of bond: August 23, 2021
Portion of project: All construction work
PASSED AND APPROVED this 7th day of September, 2021.
Mayor
ATTEST:
City Clerk
REGULATIONS-1
REGULATIONS OF THE CONTRACT
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 Notice of Hearing and Letting, Instructions to Bidders, 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 opening of Bids for the 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
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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
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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.
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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
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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.
REGULATIONS-6
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 nad Collapse
Automobile Liability $2,000,000 combined
(including all owned, non-owned
and hired autos)
single limit
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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, arising out of or 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 (0ther 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
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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.
REGULATIONS-9
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.
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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.
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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
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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
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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
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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
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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
REGULATIONS-16
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.
19.3 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
REGULATIONS-17
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
REGULATIONS-18
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
REGULATIONS-19
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
REGULATIONS-20
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
REGULATIONS-21
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
REGULATIONS-22
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 for said improvement will be made in accordance with the terms and
conditions as set forth in the published NOTICE TO BIDDERS AND NOTICE OF
PUBLIC HEARING.
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:
REGULATIONS-23
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.
REGULATIONS-24
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-1
SUPPLEMENTAL REGULATIONS
10-inch PROJECT MEREDITH/NW 10TH ST.- 2021
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.
SUPPLEMENTAL-2
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-1
SPECIAL CONDITIONS
10-inch PROJECT MEREDITH/NW 10TH ST. - 2021
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.
SPECIAL-2
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
liason between telephone and construction personnel for expeditious
handling of messages.
SPECIAL-3
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
SPECIAL-4
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
SPECIAL-5
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.