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Prepared by: Daniel Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356 -5144
RESOLUTION NO. 09 -158
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE OLD
HIGHWAY 218 RESURFACING PROJECT ESL - 3715(643)-- 7S•52.
WHEREAS, the City of Iowa City, Iowa has negotiated an agreement with the Iowa Department of
Transportation, said agreement being attached to this Resolution and by this reference made a part hereof;
and
WHEREAS, the City Council deems it is in the public interest to enter into said agreement with the Iowa
Department of Transportation ESL project for RM-371 5(643)- - 7S-52 for the design and resurfacing of Old
Highway 218 from Highway 6 south to Mormon Trek Boulevard,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT:
1. It is in the public interest to enter into the above- mentioned agreement, and the agreement is hereby
approved as to form and content.
2. The Mayor is authorized to sign and the City Clerk to attest the agreement between the City of Iowa
City and the Iowa Department of Transportation in duplicate.
3. The City Clerk shall furnish copies of said agreement to any citizen requesting same.
Passed and approved this 5th day of May 20 09 n
ATTEST: yt�
I ERK
App oved by
City Attorimey'sOffice y/2 //U7
It was moved by Wilburn and seconded by Hayek the Resolution be adopted,
and upon roll call there were:
AYES: NAYS: ABSENT:
R Bailey
x_ Champion
—]L Correia
_ Hayek
O'Donnell
Wilburn
X Wright
W,eng/mgd. h 21aaN find.
March 2009
IOWA DEPARTMENT OF TRANSPORTATION
Agreement for a Federal Highway Stimulus Program Project
Recipient: City of Iowa City
Project No.: ESL - 3715(643)- -7S -52
Iowa DOT Agreement No.: 06 -09- ESP -28
This is an agreement between the City of Iowa City, Iowa (hereinafter referred to as the Recipient) and the Iowa
Department of Transportation (hereinafter referred to as the Department). Iowa Code Sections 306A.7 and 307.44
provide for the Recipient and the Department to enter into agreements with each other for the purpose of financing
transportation improvement projects on streets and highways in Iowa with Federal funds. Federal regulations require
Federal funds to be administered by the Department.
Title XII of Division A of the American Recovery and Reinvestment Act (ARRA) of 2009 provided Federal funds for a
Highway Infrastructure Investment program, referred to hereinafter as "Federal stimulus funds." These funds may be
used for any projects as specified by Section 133(b) of Title 23, United States Code (U.S.C.). This includes highway
construction, reconstruction, rehabilitation, resurfacing, and restoration projects. It also includes transportation
enhancements, operational or safety improvement projects on highways, bridges on any public road, and any other
projects or activities as specified in 23 U.S.C. 133(b). Projects may not be located on roads classified as local or rural
minor collector on the Federal Functional Classification system, except for transportation enhancement activities or as
otherwise provided for in 23 U.S.C. 133(c).
Pursuant to the terms of this agreement, applicable statutes, and administrative rules, the Department agrees to
provide Federal stimulus funding to the Recipient for the authorized and approved costs for eligible items associated
with the project.
Under this agreement, the parties further agree as follows:
1. The Recipient shall be the lead local governmental agency for carrying out the provisions of this agreement.
2. All notices required under this agreement shall be made in writing to the appropriate contact person. The
Department's contact person will be the District 6 Local Systems Engineer, The Recipient's contact person
shall be the City Engineer, or their designated representative.
3. The Recipient shall be responsible for the development and completion of the following project:
HMA resurfacing - On Old Hwy 218 (Riverside Drive) from S. of Mormon Trek to US 6.
4. The Recipient shall receive reimbursement for costs of authorized and approved eligible project activities from
Federal stimulus funds. The portion of the project costs reimbursed by Federal stimulus funds shall be limited
to a maximum of either 100 percent of eligible costs or the amount stipulated in the approved Statewide
Transportation Improvement Program (STIP), whichever is less.
5. Due to the size, scope, and special purposes of the ARRA legislation, several special requirements will apply
to this project, in addition to those required by Title 23 United States Code and its implementing regulations,
as outlined in Exhibit 1. These special requirements include, but may not be limited to, the following:
a. All construction contracts shall be let through the Department's competitive bidding process.
b. The project construction must be let for bids no later than January 20, 2010.
c. Once obligated, the Federal stimulus funds for this project will remain available for reimbursement of
eligible project expenditures until September 30, 2015. After this date any remaining balance of obligated
funds will be withdrawn and no additional reimbursements will be made from Federal stimulus funds.
d. The Department will prepare and submit reports to the Federal Highway Administration (FHWA) for all
projects that receive Federal stimulus funding. The Recipient shall provide data as required to the
Department in order to meet these reporting requirements.
INCOMPLETE DOCUMENT
A SIGNATURE /SIGNATURES IS MISSING
ON THE FOLLOWING PAGE
Federal Highway Stimulus Project Agreement
Page 2
e. The mayor, chairperson of the Board of Supervisors, or other chief executive of the Recipient shall sign
the certification attached as Exhibit 2.
6. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this
agreement shall remain in effect.
7. It is the intent of both parties that no third party beneficiaries be created by this agreement.
8. This agreement shall be executed and delivered in two or more copies, each of which so executed and
delivered shall be deemed to be an original and shall constitute but one and the same agreement.
9. This agreement and the attached Exhibits constitute the entire agreement between the Department and the
Recipient concerning this project. Representations made before the signing of this agreement are not
binding, and neither party has relied upon conflicting representations in entering into this agreement. Any
change or alteration to the terms of this agreement shall be made in the form of an addendum to this
agreement. The addendum shall become effective only upon written approval of the Department and the
Recipient.
IN WITNESS WHEREOF, each of the parties hereto has executed this agreement as of the date shown opposite its
signature below.
For Ci ecipient Onl
By Date May 5 .20 0
Mayor 6�r
Title of city official
I, Marian K. Karr certify that I am the City Clerk of Iowa City, and
that Reeenia D. Bailey who signed said Agreement for and on behalf of the city was duly
authorized to execute the same by virtue of a formal resolution duly passed and adopted by the city on the 5th
day of May 20 09
Signed lLt c� i.� 9C - .ra Date May 5 , 20og
City Clerk of Iowa City, Iowa
For the Iowa Department of Transportation
Highway Division
Date 20
Kent L. Ellis, P.E.
District Local Systems Engineer
District 6
March 2009
EXHIBIT 1
General Agreement Provisions for use of Federal Highway Funds on Non - primary Highways
1. General Requirements.
a. The Recipient shall take the necessary actions to comply with applicable State and Federal laws and
regulations. To assist the Recipient, the Department has provided guidance in the Federal -aid Project
Development Guide (Guide) and the Instructional Memorandums to Local Public Agencies (I.M.$) that are
referenced by the Guide. Both are available on -line at: http: / /www.iowadot.gov /local_ systems/
publications /im /lpa_ims.htm. The Recipient shall follow the applicable procedures and guidelines contained in
the Guide and I.M.s in effect at the time project activities are conducted.
b. In accordance with Title VI of the Civil Rights Act of 1964 and associated subsequent nondiscrimination laws,
regulations, and executive orders, the Recipient shall not discriminate against any person on the basis of
race, color, national origin, sex, age, or disability. In accordance with Iowa Code Chapter 216, the Recipient
shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation,
gender identity, national origin, religion, pregnancy, or disability.
c. The Recipient shall comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990
(ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), and the associated Federal regulations
that implement these laws. When pedestrian facilities are constructed, reconstructed, or altered, the
Recipient shall make such facilities compliant with the ADA and Section 504. Pedestrian facilities include
facilities that are designed for pedestrian use, such as pedestrian signals and push buttons, sidewalks, multi-
use trails, curb ramps, and the street surface in the pedestrian crossing area. Alterations are changes to the
structure, grade, function, or use of the pedestrian facility, and include such activities as: full depth pavement
replacement, widening, resurfacing, signal installation, pedestrian signal installation, and other projects of
similar scale and effect. In addition, by signing this agreement, if the Recipient has 50 or more employees, it
certifies one of the following: it has provided ADA compliant curb ramps at all intersections of sidewalks with
public streets under its jurisdiction; it has a transition plan that meets the requirements of 28 CFR 35.150(d),
including provisions for installation of curb ramps at all intersections of sidewalks with public streets under its
jurisdiction; or it is working to develop such a transition plan. If the Recipient does not have a transition plan
or its transition plan does not include curb ramps, the Recipient shall prepare or modify its transition plan to
include curb ramps in accordance with I.M. 1.080, ADA Requirements.
d. The Recipient agrees to indemnify, defend, and hold the Department harmless from any action or liability
arising out of the design, construction, maintenance, placement of traffic control devices, inspection, or use of
this project. This agreement to indemnify, defend, and hold harmless applies to all aspects of the
Department's application review and approval process, plan and construction reviews, and funding
participation.
e. In case of dispute concerning the terms of this agreement, the parties shall submit the matter to arbitration .
pursuant to Iowa Code Chapter 679A_ Either party has the right to submit the matter to arbitration after 10
days notice to the other party of their intent to seek arbitration. The written notice shall include a precise
statement of the dispute. The Department and the Recipient agree to be bound by the decision of the
appointed arbitrator. Neither party may seek any remedy with the State or Federal courts absent exhaustion
of the provisions of this paragraph
The Office of Management and Budget (OMB) Circular A -133 requires the Department to inform the Recipient
of the appropriate Catalog of Federal Domestic Assistance (CFDA) number and title to be used on the
Schedule of Expenditures of Federal Awards (SEFA) that is required by OMB Circular A -133. CFDA #20.205
and title, "Highway Planning and Construction" shall be used for the Federal funds awarded for this project. If
the Recipient will pay initial project costs and request reimbursement from the Department, the Recipient shall
report this project on its SEFA. If the Department will pay initial project costs and then credit those accounts
from which initial costs were paid, the Department will report this project on its SEFA. In this case, the
Recipient shall not report this project on its SEFA.
2. Federal Authorization.
a. The Recipient shall be responsible for including the project in the appropriate Regional Planning Affiliation
(RPA) or Metropolitan Planning Organization (MPO) Transportation Improvement Program (TIP). The
Recipient shall also ensure that the appropriate RPA or MPO, through their TIP submittal to the Department,
Exhibit 1
Page 2
includes the project in the Statewide Transportation Improvement Program (STI P). If the project is not
included in the appropriate fiscal year of the STIP, Federal funds cannot be authorized.
b. Before beginning any work for which Federal funding reimbursement will be requested, the Recipient shall
contact the Department to obtain the procedures necessary to secure FHWA authorization. The Recipient
shall submit a written request for FHWA authorization to the Department. After reviewing the Recipient's .
request, the Department will forward the request to the FHWA for authorization and obligation of Federal
funds. The Department will notify the Recipient when FHWA authorization is obtained. The cost of work
performed prior to FHWA authorization will not be reimbursed with Federal funds.
3. In -House Services.
a. If Federal funding is requested for in -house services, the Recipient shall follow the procedure outlined in I.M.
3.310, Federal -aid Participation in In -House Services. If the Recipient desires to claim indirect costs under
Federal awards, the Recipient shall prepare an indirect cost rate proposal and related documentation in
accordance with the requirements of 2 CFR 225. Before incurring costs for in -house services, such an
indirect cost rate proposal shall be certified by the FHWA or the Federal agency providing the largest amount
of Federal funds to the Recipient.
4. Consultant Services
a. If the Recipient requests Federal funds for consultant services, the Recipient and the Consultant shall prepare
a contract for consultant services in accordance with Title 23, Code of Federal Regulations, Part 172 -
Administration of Negotiated Contracts (23 CFR 172). These regulations require a qualifications -based
selection process. The Recipient shall follow the procedures for selecting and using consultants outlined in
I.M. 3.305, Federal -aid Participation in Consultant Costs.
b. If preliminary engineering is Federally funded, and if the "do nothing" alternate is not selected, and if right -of-
way acquisition for or actual construction of the road is not started by the close of the tenth fiscal year
following the fiscal year in which the Federal funds were authorized, the Recipient shall repay to the
Department an amount equal to the amount of Federal funds made available for such engineering.
5. Environmental Requirements and other Agreements or Permits.
a. The Recipient shall take the appropriate actions and prepare the necessary documents to fulfill the FHWA
requirements for project environmental studies including historical /cultural reviews and location approval. The
Recipient shall complete any mitigation agreed upon in the FHWA approval document.
b. If farmland is to be acquired, whether for use as project right -of -way or permanent easement, the Recipient
shall submit the U.S. Department of Agriculture Farmland Conversion Impact Rating form, when required, to
the U.S. Natural Resources Conservation Service (NRCS).
c. The Recipient shall obtain agreements, as needed, from railroad and utility companies; and shall obtain
project permits and approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historical
Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, U.S. Coast
Guard, U.S. Army Corps of Engineers, the Department, etc.
d. The Recipient shall comply with the Policy for Accommodating Utilities on City and County Federal -aid
Highway Right of Way, and the Policy for Accommodating Utilities on Primary Road System when on State's
right of way. Certain utility relocation, alteration, adjustment, or removal costs to the Recipient for the project
may be eligible for Federal funding reimbursement. If the Recipient desires Federal reimbursement of these
costs, it shall submit a request for FHWA Authorization prior to beginning any utility relocation work, in
accordance with the procedures outlined in I.M. 3.650, Federal -aid Participation in Utility Relocations:
e. In all contracts entered into by the Recipient, and all subcontracts, in connection with this project that exceed
$100,000, the Recipient shall comply with the requirements of Section 114 of the Clean Air Act and Section
308 of the Federal Water Pollution Control Act, and all their regulations and guidelines. In such contracts, the
Recipient shall stipulate that any facility to be utilized in performance of or to benefit from this agreement is
not listed on the Environmental Protection Agency (EPA) List of Violating Facilities or is under consideration
to be listed.
Exhibit 1
Page 3
6. Right -of -Way
a. The Recipient shall acquire the project right -of -way, whether by lease, easement, or fee title, and shall
provide relocation assistance benefits and payments in accordance with the procedures set forth in I.M.
3.605, Right -of -Way Acquisition, and the Department's Office of Right of Way Local Public Agency Manual.
The Recipient shall contact the Department for assistance, as necessary, to ensure compliance with the
required procedures, even if no Federal funds are used for right -of -way activities. The Recipient shall obtain
environmental concurrence before acquiring any needed right -of -way. With prior approval, hardship and
protective buying is possible. If the Recipient requests Federal funding for right -of -way acquisition, the
Recipient shall also obtain FHWA authorization before purchasing any needed right -of -way.
b. If the project right -of -way is Federally funded and if the actual construction is not undertaken by the close of
the twentieth fiscal year following the fiscal year in which the Federal funds were authorized, the Recipient
shall repay the sum or sums of Federal funds in the right -of -way to the Department.
7. Letting the Project.
a. The project plans, specifications, and project cost estimate (PS &E) shall be prepared and certified as
appropriate by a Professional Engineer, Architect, or Landscape Architect licensed in the State of Iowa. The
Recipient shall submit the plans, specifications, and other contract documents to the Department for review
and approval to let the project.
b. The project shall be constructed under the Department's Standard Specifications for Highway and Bridge
Construction. Prior to their use in the PS &E, specifications developed by the Recipient for individual
construction items shall be approved by the Department.
c. The Recipient shall forward a completed Project Development Certification (Form 730002) and final PS &E to
the Department. As a condition for the Department to let the project, the Recipient agrees that the Recipient
has the financial resources to proceed with the project if bids submitted are 110% of the project cost estimate
or less. If the Recipient is a city, the Recipient shall comply with the public hearing requirements of the Iowa
Code section 26.12.
d. If the project is to be accomplished via a contract awarded by competitive bidding, the project will be let by the
Department in accordance with its normal letting procedures. After bids are received and reviewed, the
Department will furnish the Recipient with a tabulation of responsive bids.
e. When let by the Department, the Department will prepare an Iowa DOT Staff Action identifying the lowest
responsive bidder. The Department will mail three originals of the unexecuted contract to the Recipient.
f. The Recipient shall take action to award a contract to the lowest responsive bidder or reject all bids.
Following award of a contract, the Recipient shall forward to the Department two copies of the fully executed
contract, two copies of the performance bond, and two copies of the certificate of insurance.
8. Construction.
a. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to
the "Manual on Uniform Traffic Control Devices for Streets and Highways" per 761 AC Chapter 130. The
safety of the general public shall be assured through the use of proper protective measures and devices such
as fences, barricades, signs, flood lighting, and warning lights as necessary.
b. If Federal funding is requested for construction performed by local agency forces, the Recipient will follow the
procedures outlined in I.M. 3.810, Federal -aid Construction by Local Agency Forces.
c. The Recipient shall comply with the procedures and responsibilities for materials testing according to the
Department's Material I.M.s. The Department will bill the Recipient for testing services according to its normal
policy. The Recipient should use the Department's Construction Manual as a guide for conducting other
construction inspection activities.
Exhibit 1
Page 4
9. Payments.
a. After costs have been incurred, the Recipient may submit to the Department periodic itemized claims for
reimbursement for eligible project costs. Reimbursement claims shall include certification that all eligible
project costs, for which reimbursement is requested, have been paid in full and completed in substantial
compliance with the terms of this agreement.
b. The Department will reimburse the Recipient for properly documented and certified claims for eligible project
costs, less a withholding of 5% of the Federal and / or State share of construction costs. Reimbursement will
be made either by State warrant or by crediting other accounts from which payment was initially made. If,
upon final audit or review, the Department determines the Recipient has been overpaid, the Recipient shall
reimburse the overpaid amount to the Department. After the final audit or review is complete and after the
Recipient has provided all required paperwork, the Department will release the Federal or State funds
withheld.
c. The total funds collected by the Recipient for this project shall not exceed the total project costs. The total
funds collected shall include any Federal or State funds received, and any special assessments made by the
Recipient (exclusive of any associated interest or penalties), pursuant to Iowa Code Chapter 384 (cities) or
Chapter 311 (counties). The total project costs shall include all costs that can be directly attributed to the
project. In the event that the total funds collected by the Recipient does exceed the total project costs, the
Recipient shall either:
1) refund to the assessed property owners the excess special assessments collected (including interest and
penalties associated with the amount of the excess), or
2) refund to the Department all funds collected in excess of the total project costs (including interest and
penalties associated with the amount of the excess) within 60 days of the receipt of any excess funds. In
return, the Department will either credit reimbursement billings to the FHWA or credit the appropriate
State fund account in the amount of refunds received from the Recipient.
10. Project Close -out.
a. Upon completion of the project, as appropriate, a Professional Engineer, Architect, or Landscape Architect,
licensed in the State of Iowa shall certify in writing to the Department that the project was completed in
substantial compliance with the plans and specifications set out in this agreement. Final reimbursement of
Federal funds shall be made only after the Department accepts the project as complete.
b. The Recipient shall maintain all books, documents, papers, accounting records, reports, and other evidence
pertaining to costs incurred for the project. The Recipient shall also make these materials available at all
reasonable times for inspection by the Department, FHWA, or any authorized representatives of the Federal
Government. Copies of these materials shall be furnished by the Recipient if requested. Such documents
shall be retained for at least 3 years from the date of FHWA approval of the final amendment / modification to
the project in the FHWA's Fiscal Management Information System (FMIS). Upon receipt of such approval by
FHWA, the Department will notify the Recipient of the record retention date.
c. The Recipient shall maintain, or cause to be maintained, the completed improvement in a manner acceptable
to the Department and the FHWA.
EXHIBIT 2
Recipient's Certification for Use of American Recovery and Reinvestment Act Funds
Agency Name: Iowa City, Iowa
Project Number: ESL - 3715(643)- -7S -52
Project Description: HMA resurfacing - On Old Hwy 218 (Riverside Drive) from S. of Mormon Trek to US 6.
Estimated Total Cost: $600,000.
Federal stimulus funds: $600,000.
In accordance with the requirements of Section 1511 of Title XV of Division A of the American Recovery and
Reinvestment Act of 2009, on behalf of the agency named above I hereby certify that the project described above has
received the full review and vetting required by law and I accept responsibility that this investment is an appropriate
use of taxpayer dollars.
Signature
Printed name
Date
Title of county or city official
F °HLED
MAY 15 Pit 2: 50
CITY CLERK
IOWA CITY, IOWA
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Prepared by: Daniel Scott, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240,(319)356-5144
RESOLUTION NO. 09 -165
RESOLUTION SETTING A PUBLIC HEARING ON JUNE 2, 2009, ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR
THE CONSTRUCTION OF THE OLD HIGHWAY 218 RESURFACING [ESL -
3715(643)-- 7S -52] PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE
OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID
PLANS ON FILE FOR PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
That a public hearing on the plans, specifications, form of contract, and estimate of cost
for the construction of the above - mentioned project is to be held on the 2nd day of June,
2009, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting
is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk.
2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing
for the above -named project in a newspaper published at least once weekly and having a
general circulation in the City, not less than four (4) nor more than twenty (20) days before
said hearing.
3. That the copy of the plans, specifications, form of contract, and estimate of cost for the
construction of the above -named project is hereby ordered placed on file by the City
Engineer in the office of the City Clerk for public inspection.
Passed and approved this 19th day of May 4 2009.
MA
ATTEST:
DEPUTY, CI LERK
Pweng /res /oldh, y218- setph.doc
5109
U Approved by U
GI/1 Gt J"', ,,
City Attorney's Office s1 W07
Resolution No. 09 -165
Page 2
It was moved by champion and seconded by
adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
— x
wpdata/glossarylresddomic.doc
NAYS:
O'Donnell
ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
the Resolution be
Publish 5/26
NOTICE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT AND
ESTIMATED COST FOR THE
OLD HWY 218 RESURFACING PROJECT IN
THE CITY OF IOWA CITY, IOWA
TO ALL TAXPAYERS OF THE CITY OF IOWA
CITY, IOWA, AND TO OTHER INTERESTED
PERSONS:
Public notice is hereby given that the City Council
of the City of Iowa City, Iowa, will conduct a public
hearing on plans, specifications, form of contract
and estimated cost for the construction of the Old
Hwy 218 Resurfacing Project in said city at 7:00
p.m. on the 2nd day of June, 2009, said meeting
to be held in the Emma J. Harvat Hall in the City
Hall, 410 E. Washington Street in said city, or if
said meeting is cancelled, at the next meeting of
the City Council thereafter as posted by the City
Clerk.
Said plans, specifications, form of contract and
estimated cost are now on file in the office of the
City Clerk in the City Hall in Iowa City, Iowa, and
may be inspected by any interested persons.
Any interested persons may appear at said
meeting of the City Council for the purpose of
making objections to and comments concerning
said plans, specifications, contract or the cost of
making said improvement.
This notice is given by order of the City Council
of the City of Iowa City, Iowa and as provided by
law.
MARIAN K. KARR, CITY CLERK
U6- 2-09
L7
Prepared by: Daniel Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5144
RESOLUTION NO. 09 -195
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT
AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE OLD HIGHWAY
218 RESURFACING PROJECT ESL - 3715(643)-- 7S -52, ESTABLISHING
AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY
CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND
PLACE FOR RECEIPT OF BIDS.
WHEREAS, this project will be bid by the Iowa Department of Transportation (IaDOT); and
WHEREAS, bids will be accepted on July 21, 2009 at 10:00 a.m. by the IaDOT in Ames, Iowa;
and
WHEREAS, notice of public hearing on the plans, specifications, special provisions, form of
contract and estimate of cost for the above -named project was published as required by law, and
the hearing thereon held.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,
IOWA THAT:
1. The plans, specifications, special provisions, form of contract and estimate of cost for the
above -named project are hereby approved.
2. The amount of bid security to accompany each bid for the construction of the above -
named project shall be in an amount between 5% (five percent) and 10% (ten percent) of
bid.
3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids by
the IaDOT for the construction of the above -named project in a newspaper published at
least once weekly and having a general circulation in the city.
4. Bids for the above -named project are to be received by the IaDOT in Ames, Iowa, until
10:00 a.m. on the 215( day of July, 2009, or at a later date and /or time as determined by
the IaDOT, with notice of said later date and /or time to be published as required by law.
Thereafter the bids will be opened by the IaDOT, and thereupon referred to the Council of
the City of Iowa City, Iowa, for a recommendation of action upon bids at its next meeting,
to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 4
day of August, 2009, or at a later date and /or time as determined by the Director of Public
Works or designee, with notice of said later date and /or time to be published as required
by law, or if said meeting is cancelled, of the next meeting of the City Council thereafter as
posted by the City Clerk.
Passed and approved this 2nd day of ,tune 20r)9
4an�A&4
M Y
Approved by
ATTEST:
CITY-CLERK JCitylttorney's Office S12 -01061
pAenglreslapprove p5S— ESL3715(6 3) do
Resolution No. 09 -195
Page 2
It was moved by Champion and seconded by Correia the Resolution be
adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
x-
wpdata /glossary/resolution- ic.doc
NAYS: ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
Printer's Fee $ I R a-q
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS- CITIZEN
FED. ID # 42- 0330670
�ialy =sworn, being
that I am the legal clerk of the IOWA
CITY PRESS- CITIZEN, a newspaper
published in said county, and that a
notice, a printed copy of which is
hereto attached, was published in said
paper time(s), on the
following date(s):
-1 ° 2,001
Legal Cl
Subscribed and sworn to before me
this G` day of.�
A.D. 20
Public
€tr 4r Cor"rl , n Number 73 es19
i N CoInmission0
anuory 27 20M11
OFFICI XPU-13LICATION
ON
1V. Vl, o-,•. ,.
SONS:
Public notice is hereby given that
the City Council of the City of Iowa
a
City, Iowa, will conduct a Public
hearing on plans, specifications.
Yorm of contract and esbmated cost
I,,, the constructiProjectnold Cry �f the
218 Resurfacing
at 7:00 p.m. on the 2nd day of
June: 2008, said meeting to be
J. Harval Hall in
interesteu wow °° s may
Any interested p arson
appear at said meetin eOf the C g
Council for the purpo_
objections to and comments con. ,
corning said plans, sp
contract or the cost of making said
improvement. order of the
This notice is given by of Iowa
City Council of the .d,
City, R1AN KaKARR, CITY CLER6
72335
May 26, 2009
NOTICE TO BIDDERS
STATE OF IOWA — Sealed bids will be received on July 21, 2009 by the Iowa Department of
Transportation at the Office of Contracts in Ames, Iowa until 10 o'clock A.M., C.T., for various items of
construction and /or maintenance work.
Plans, specifications and proposal forms for the work may be seen and secured at the Office of
Contracts, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa until noon on the day
previous to the letting.
Mailed bids are to be sent to the Iowa Department of Transportation, Office of Contracts, 800 Lincoln
Way, Ames, Iowa 50010. Staff will be available at the Office of Contracts the day previous to the letting
and the day of the letting for the dropping off of bids during regular business hours 7:30 a.m. to 4:30
p.m.
The Iowa Department of Transportation (DOT) uses the Bid Express website (www.bidx.com) as an
official depository for electronic bid submittal. The Iowa DOT will ensure that this electronic bid
depository is available for a two -hour period prior to the deadline for submission of bids. In the case of
disruption of national communications or loss of services by www.bidx.com during this two -hour period,
the Iowa DOT will delay the deadline for bid submissions to ensure the ability of potential bidders to
submit bids. Instructions will be communicated to potential bidders.
Opening and reading of the bids will be performed at the Iowa Department of Transportation, Ames,
Iowa after 10:30 A.M. on the same date such bids are scheduled to be received, unless otherwise
specified by the Iowa Department of Transportation.
All proposals must be filed on the forms furnished by the Iowa Department of Transportation, Contracts
Office, sealed and plainly marked. Proposals containing any reservations not provided for in the forms
furnished will be rejected. The Iowa Department of Transportation reserves the right to waive
technicalities and to reject any or all bids.
A Proposal Guarantee not less than the amount as set forth in the proposal form shall be filed with each
proposal. The Proposal Guarantee shall be in the form of a certified check or credit union certified
share draft, cashier's check, money order or bank draft drawn on a solvent bank or credit union.
Certified checks or credit union certified share drafts shall bear an endorsement signed by a
responsible official of such bank or credit union as to the amount certified. Cashier's checks, money
orders or bank drafts shall be made payable either to the Contracting Authority or to the bidder and,
where made payable to the bidder, shall contain an unqualified endorsement to the Contracting
Authority signed by the bidder or the bidder's authorized agent. A properly completed Contractor's Bid
Bond (Form No. 650001), or a properly completed Contractor's Annual Bid Bond (Form No. 650043),
both available from the Iowa Department of Transportation, Office of Contracts, may be used in lieu of
that specified above.
The contracting authority will issue an exemption certificate for the purchase or use of building
materials, supplies, and equipment that will be used in the performance of the construction contract, as
provided by Iowa Code Sections 422.42(16), 422.42(17) and 422.47(5).
Failure to execute a contract and file an acceptable Performance Bond and Certificate of Insurance
within 30 days of the date of the approval for awarding the contract, as herein provided, will be just and
sufficient cause for the denial of the award and the forfeiture of the proposal guarantee.
The Iowa Department of Transportation (or other approved contracting authority) hereby notifies all
bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement,
disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this
invitation and will not be discriminated against on the grounds of race, color, or national origin in
consideration for an award.
On Federal Aid projects, where disadvantaged business enterprise goals have been established, the
bidder is required to complete and submit form 102115 with the bid documents. On all projects without
goals, the contractor must show that affirmative actions have been made to seek out and consider
disadvantaged business enterprises as potential sub - contractors.
Some of the projects may be listed in multiple proposals (as an individual project or as part of a
combined package of projects). The Contracting Authority will determine which combination of
proposals produce the lowest bid for these projects.
The listing of projects, and details of the project, for which bids are to be taken will be available to
potential bidders and suppliers three (3) weeks prior to the letting dates at the following locations:
• Posted on the Internet at www.bidx.com
• Available in the Iowa Department of Transportation's "Weekly Letting Report"
• Available by calling the Office of Contracts of the Iowa Department of Transportation at 515-
239 -1414.
Minimum wage rates for all Federal Aid projects have been predetermined by the Secretary of Labor
and are set forth in the specifications. However, this does not apply to projects off the Federal -Aid
System.
All Federal Aid projects are subject to the Work Hours Act of 1962, P. L. 87 -581 and Implementing
regulations.
By virtue of statutory authority, a preference will be given to products and provisions grown and coal
produced within the State of Iowa, and also, a resident bidder shall be allowed a preference as against
a non - resident bidder from a state or foreign country which gives or requires a preference to bidders
from that state or foreign country both on projects in which there are no Federal Funds involved.
IOWA DEPARTMENT OF TRANSPORTATION
OFFICE OF CONTRACTS
TELEPHONE: 515- 239 -1414
Bid Order: To Be Determined DBE Goal: 2.5%
Work Type: HMA Resurfacing
Guarantee: To Be Determined
Project(s): JOHNSON - ESL - 3715(643) -7S -52
Route: Old Hwy 218 from Hwy 6 intersection south to Mormon Trek Boulevard.
2 -09
T k6) 19
Prepared by: Daniel Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5144
RESOLUTION NO. o9 -267
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE OLD HIGHWAY 218 RESURFACING PROJECT ESL -
3715(643)-7S-52.
WHEREAS, L. L. Felling, Inc. of North Liberty, Iowa, has submitted the lowest responsible bid of
$785,108.51 for construction of the above -named project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The contract for the construction of the above -named project is hereby awarded to L. L.
Felling Company, Inc., subject to the condition that awardee secure adequate
performance and payment bond, insurance certificates, and contract compliance program
statements.
2. The contract for the construction of the above -named project is hereby recommended to
be awarded to L. L. Pelling Company, Inc., subject to the condition that awardee is
deemed qualified by the Iowa Department of Transportation (la DOT).
3. The City Engineer is authorized to execute change orders as they may become necessary
in the construction of the above -named project.
Passed and approved this 28th day of
ATTEST:
CITY ERK
(a �KCPLait� 1yl/F�Fc�r.,
City Attorney's Office 70 a cx,
It was moved by Hayek and seconded by Correia the Resolution be
adopted, and upon roll call there were:
AYES
X
X
x
x
x
Pweng/res/21 Bresurfadng -awrdc n. do
7109
NAYS: ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
FA96 (Form 650019) CONTRACT
9-02
Letting Date: July 21, 2009 Contract ID: 52- 3715 -643 Bid Order No.: 164
County: JOHNSON Project Engineer: CITY OF IOWA CITY
Cost Center: 849300 Object Code: 890 DBE Commitment: $19,700.00
Contract Work Type: HMA RESURFACING
This agreement made and entered by and between the CITY OF IOWA CITY CONTRACTING AUTHORITY,
AND
L.L. PELLING CO., INC. OF NORTH LIBERTY, IA, (PE140), CONTRACTOR
It is agreed that the notice and instructions to bidders, the proposal filed by the Contractor, the specifications,
the plan, if any, for project(s) listed below, together with Contractor's performance bond, are made a part hereof
and together with this instrument constitute the contract. This contract contains all of the terms and conditions
agreed upon by the parties hereto. A true copy of said plan is now on file in the office of the Contracting
Authority under date of 07/16/2009
PROJECT:
ESL - 3715(643)- -7S -52
COUNTY:
JOHNSON
WORK TYPE:
HMA RESURFACING
ACCOUNTING ID:
27289
ROUTE:
RIVERSIDE DRIVE
LENGTH (MILES):
1.21
LOCATION:
HIGHWAY 6 TO CITY LIMITS
FEDERAL AID - PREDETERMINED WAGES ARE IN EFFECT
The specifications consist of the Standard Specifications for Highway and Bridge Construction, Series 2001
of the Iowa Department of Transportation plus the following Supplemental Specifications, Special Provisions, and
addendums: DBE - -2009, DBE - 090721, DS- 01116, DS- 01123, FHWA - 1273.04,
GS- 01016, IA08 -1.2, SS- 01059, ADDENDUMS: 21JUL164.A01
Contractor, for and in considerations of $785,108.51 payable as set forth in the specifications constituting
a part of this contract, agrees to construct various items of work and /or provide various materials or supplies in
accordance with the plans and specifications therefore, and in the locations designated in the Notice to Bidders.
Contractor certifies by signature on this contract, under pain of penalties for false certification, that the Contrac-
tor has complied with Iowa Code Section 452A.17(8) as amended, if applicable, and Iowa Code Section 91C.5
(Public Registration Number), if applicable.
In consideration of the foregoing, Contracting authority hereby agrees to pay the Contractor promptly and accor-
ding to the requirements of the specifications the amounts set forth, subject to the conditions as set forth in the
specifications.
It is further understood and agreed that the above work shall also be commenced or completed in accordance
with Page IB of this Contract and assigned Proposal Notes.
Time is of the essence for this contract. To accomplish the purpose herein expressed, Contracting authority and
Contract have signed this a9q one other identical instrument as of the ._ ' day of 1
ke &A mw,:
c
y _ Co r ine Authoritv
W
FB96 (Form 650019)
11 -99
Page: 1B
Letting Date:
July 21, 2009
Contract ID:
52- 3715 -643 Bid Order No.: 164
It is further
understood and agreed
that the above
work shall be commenced or completed in accordance with
the following
schedule:
SITE NUMBER CONTRACT PERIOD WORKING LIQUIDATED
DAYS DAMAGES
CONTRACT LATE START DATE 08/31/2009 30 $500.00
CONTRACT NOTES
CONTRACT SCHEDULE OF PRICES
Page: 2
Vendor No.: PE140
Bid
Order No.: 164
Contract
ID No.: 52- 3715 -643
Letting
Date: July
21, 2009
Primary Work Type: HMA RESURFACING
10:00
A.M.
Primary
County: JOHNSON
I
I
Item I
Unit Price I
Bid Amount
Line
Item Number
I Quantity
I
-- - --I
---
No
Item Description
I and
----
Unit I
Dollars I Cts I
Dollars ICts
SECTION 0001 ROADWAY ITEMS
-- ---
12121- 7425010 GRANULAR
---------------
I
I
I
0010
(SHOULDERS, TYPE A
1
680.0001
25.150001
17,102.00
1
ITON
I
I
---
12212- 0475095 CLEANING
I
---
1
1
0020
(AND PREPARATION OF BASE
1
1.2101
3,285.000001
3,974.85
1
IMILE
I
I
12214- 5145150 PAVEMENT
---
I
----
1
1
0030
ISCARIFICATION
1
15,250.0001
3.450001
52,612.50
1
ISY
I
I
12303- 0031500 HOT MIX
I
--
1
---------------
1
- - - - --
0040
(ASPHALT MIXTURE (1,000,
1
3,320.0001
41.100001
136,452.00
1000 ESAL), BASE COURSE,
ITON
1
1
11/2 IN. MIX
I
I
I
12303- 0033500 HOT MIX
I
-
I
---
, 1
----------
0050
(ASPHALT MIXTURE (1,000,
1
3,320.0001
41.100001
136,452.00
1000 ESAL), SURFACE
ITON
I
I
ICOURSE, 1/2 IN. MIX, NO
I
I
I
ISPECIAL FRICTION
I
1
1
(REQUIREMENT
12303- 0245828 ASPHALT
--
I
1
------
1
0060
IBTNDER, PG 58 -28
1
400.0001
501.000001
200,400.00
1
ITON
I
I
- --
12303- 3250011 FABRIC
I
- --
1
- - --
1
0070
(REINFORCEMENT
1
20,170.0001
3.400001
68,578.00
1
ISY
I
I
—
12303- 3400000 ADJUSTMENT
- ---------
I
- - -- --
1
- - - - --
1
- --
0080
IOF FIXTURES
1
4.0001
935.000001
3,740.00
1
1EACH
I
1
----
12303- 6911000 HOT MIX
I
-----
1
------
1
---
0090
(ASPHALT PAVEMENT SAMPLES
1
ILUMP
1
(LUMP
1
1
1
2,315.00
12503- 4450245 INTAKE,
--
I
- - -- --
I
- - - --
I
0100
(REBUILDING, AS PER PLAN
1
14.0001
2,000.000001
28,000.00
1
(EACH
I
I
CONTRACT SCHEDULE OF PRICES
Page:
3
Vendor No.:
PE140
Bid Order No.: 164
Contract
ID No.:
52- 3715 -643
Letting Date: July
21, 2009
Primary Work Type:
HMA RESURFACING
10:00
A.M.
Primary County:
--------------------------------------------------------------------------------
JOHNSON
I
I Item
I Unit Price I
Bid Amount
Line
I Item
Number
I Quantity
--------- - - - - --
No
I Item Description
I and
Unit I Dollars I Cts I
Dollars
ICts
--------------------------------------------------------------------------------
12510- 6745850
REMOVAL OF
I
I I
0110
(PAVEMENT
1
45.0001 48.000001
2,160.00
--------------------------------------------------------------------------------
1
ISy
I I
12512- 1725206
CURB AND -
I
1 1
0120
IGUTTER, P.C.
CONCRETE, 2.1
200.0001 30.900001
6,180.00
10 FT.
_
ILF
I I
12527- 9263117
PAINTED
I
1 1
0130
IPAVEMENT MARKINGS,
1
202.3501 64.750001
13,102.16
(DURABLE
ISTA
I I
12527- 9263143
PAINTED
I
1 1
0140
ISYMBOLS AND
LEGENDS,
1
18.0001 135.000001
2,430.00
--------------------------------------------------------------------------------
IDURABLE
(EACH
I I
12528- 8445110
TRAFFIC
I
1 1
0150
ICONTROL
I
ILUMP
I
ILUMP I
I I
19,700.00
--------------------------------------------------------------------------------
I2528- 8445112
FLAGGERS
I
1 1
0160
1
1
90.0001 295.000001
26,550.00
--------------------------------------------------------------------------------
1
(DAY
I I
12533- 4980005
1
1 1
0170
(MOBILIZATION
1
ILUMP
1
ILUMP 1
1 1
64,690.00
--------------------------------------------------------------------------------
12601- 2634100
MULCHING
I
1 1
0180
1
1
0.1001 700.000001
70.00
1
(ACRE
I I
--------------------------------------------------------------------------------
12601- 2636044
SEEDING AND
I
1 1
0190
IFERTILIZING
(URBAN)
1
0.1001 6,000.000001
600.00
1
(ACRE
I I
--------------------------------------------------------------------------------
1TOTAL BID
1
785,108.51
THE AMERICAN INSTITUTE OF ARCHITECTS
Igo FIC Bond No.' CMIFSU 0502532
Merchants Bond No. LAC 61010
AlA Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
L.L. Pelting Company Inc.
1425 W. Penn Street, PO Box 230
North Liberty, IA 52317-0230
OWNER (Name and Address):
City of Iowa City, Iowa
410 E. Washington Street
Iowa City, IA 52240
SURETY (Name and Principal Place of Business)
Merchants Bonding Company (Mutual)
2100 Fleur Drive
Des Moines IA 50321 -1158
and
International Fidelity Insurance Company
One Newark Center, 20th Floor
Newark, NJ 07102 -5207
CONTSTRUCTION CONTRACT
Date:
Amount: .$785,108,51
Description (Name and Location): TWA Resurfacing, Johnson County, Project 4ESL- 3715(643)-- 7S -52, Contract ID
#52- 3715 -643
BOND
Date (Not earlier than Construction Contract Date): August 14, 2009
Amount: $785,108.51
Modifications to this Bond: ® None
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
L.L. Pelling Company Inc.
Signature: � O
Name and Title; >7V)
(L.B �Ye�tcf¢�p
(Any additional signatures appear on page 3)
(FOR INFORMATION ONLY— Name, Address and Telephone)
AGENT or BROKER:
MCKUSKER & ASSOCIATES
P O BO% 85
BROOKLYN, IA 52211
641 -522 -9206
❑ See Page 3
SURETY
Company: (CorporateSeA )
Merchants Bondutg Con3par y (Mutual) and International
Fidelity Insurane onTp y
Signature: _
Name and Title: Michael P`
Attorney -ln -Fact
OWNER'S REPRESENTATIVE (Architect, Engineer or other
party):
mn l VM MI "I' • EEREORWISCE BOND AND PAYMENT BOND • DECEMBER 1964 ED. • AIA
THE AMERICAN INSTITUTE Or ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINCAON, D.C. 2(HA)6 A312 -1984 1
1 The Contractor and the Surety, jointly and severally, bind
themselves, their heirs, executors, administrators,
successors and assigns to the Owner for the performance
of the Construction Contract, Which is incorporated herein
by reference.
2 If the Contractor performs the Construction Contract, the
Surety and the Contractor shall have no obligation under
this Bond, except to participate in conferences as provided
in Subparagraph 3.1.
3 If there is no Owner Default, the Suretys obligation
under this Bond shall arise after:
3.1 The Owner has notified the Contractor and the
Surety at its address described in Paragraph 10
below that the Owner is considering declaring a
Contractor Default and has requested and attempted
to arrange a conference with the Contractor and the
Surety to be held not later than fifteen days after
receipt of such notice to discuss methods of per-
forming the Construction Contract. If the Owner, the
Contractor and the Surety agree, the Contractor shall
be allowed a reasonable time to perform the
Construction Contract, but such an agreement shall
not waive the Owners right, if any, subsequently to
declare a Contractor Default; and
3.2 The Owner has declared a Contractor Default and
formally terminated the Contractor's right to complete
the contract. Such Contractor Default shall not be
declared earlier than twenty days after the Contractor
and the Surety have received notice as provided in
Subparagraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with the
terms of the Construction Contract or to a contractor
selected to perform the Construction Contract in
accordance with the terms of the contract with the
Owner.
4 When the Owner has satisfied the conditions of
Paragraph 3, the Surety shall promptly and at the Suretys
expense take one of the following actions:
4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract; or
4.2 Undertake to perform and complete the Con.
struction Contract itself, through its agents or through
independent contractors; or
4.3 Obtain bids or negotiated proposals from qualified
contractors acceptable to the Owner for a contract for
performance and completion of the Construction
Contract, arrange for a contract to be prepared for
execution by the Owner and the contractor selected
with the Owners concurrence, to be secured with
performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the
amount of damages as described in Paragraph 6 in
excess of the Balance of the Contract Price incurred
by the Owner resulting from the Contractors default; or
4.4 Waive its right to perform and complete, arrange
for completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
I After investigation, determine the amount for
Which it may be liable to the Owner and, as soon
as practicable after the amount is determined,
tender payment therefore to the Owner; or
.2 Deny liability in whole or in part and notify the
Owner citing reasons therefore.
5 If the surety does not proceed as provided in Para- graph
4 with reasonable promptness, the Surety shall be deemed
to be in default on this Bond fifteen days after receipt of
an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this
Bond, and the Owner shall be entitled to enforce any
remedy available to the Owner. If the Surety proceeds as
provided in Subparagraph 4.4, and the Owner refuses the
payment tendered or the Surety had denied liability, in
Whole or in part, without further notice the Owner shall be
entitled to enforce any remedy available to the Owner.
6 After the Owner has terminated the Contractor's right to
complete the Construction Contract, and if the Surety
elects to act under Subparagraph 4.1,4.2, or 4.3 above,
then the responsibilities of the Surety to the Owner shall
not be greater than those of the Contractor under the
Construction Contract, and the responsibilities of the
Owner to the Surety shall not be greater than those of the
Owner under the Construction Contract. To the limit of the
amount of this Bond, but subject to commitment by the
Owner of the Balance of the Contract Price to mitigation of
costs and damages on the Construction Contract, the
Surety is obligated without duplication for:
6.1 The responsibilities of the Contractor for cor-
rection of defective work and completion of the Con-
struction Contract;
6.2 Additional legal, design professional and delay
costs resulting from the Contractors Default, and
resulting from the actions or failure to act of the
Surety under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages
are specified in the Construction Contract, actual
damages caused by delayed performance or non-
performance of the Contractor.
7 The Surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the
Construction Contract, and the Balance of the Contract
Price shall not be reduced or set off on account of any
such unrelated obligations. No right of action shall accrue
on this Bond to any person or entity other than the Owner
or its heirs, executors, administrators or successors.
8 The Surety hereby waives notice of any change, inclu-
ding changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obli-
gations.
9 Any proceeding, legal or equitable, under this Bond may
be instituted in any court of competent jurisdiction in the
location in which the work or part of the work is located and
shall be instituted within two years after Contractor Default
or within two years after the Contractor ceased working
or within two years after the Surety refuses or fails to
perform its obligations under this Bond, Whichever occurs
first. If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation avail-
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • A IAR A312-1984 2
THEAMERICAN INSTITUTE OF ARCHITECHTS, 1735 NEW YORK AVE.. N.W. WASHINGTON,O.C. 20006
able to sureties as a defense in the jurisdiction of the suit
shall be applicable.
10 Notice to the Surety, the Owner or tire Contractor shall
be mailed or delivered to the address shown on the
signature page.
11 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in
this Bond conflicting with said statutory or legal
requirement shall be deemed deleted herefrom and
provisions conforming to such statutory or other legal
requirement shall be deemed incorporated herein. The
intent is that this Bond shall be construed as a statutory
bond and not as a common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount
payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
have been made including allowance to the
Contractor of any amounts received or to be
received by the Owner in settlement of insurance or
other claims for damages to which the Contractor is
entitled, reduced by all valid and proper payments
made to or on be- half of the Contractor under the
Construction Contract.
12.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
12.3 Contractor Default: Failure of the Contractor,
which has neither been remedied nor waived, to
perform or otherwise to comply With the terms of the
Construction Contract.
12.4 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform and complete or comply Wth the other terms
thereof.
(Space is provided below foradditional signatures of added parties, otherthan those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company:
(Corporate Sea[)
Signature:
Name and Title:
Address:
SURETY
Company:
Signature:
Name and Title:
Address:
(Corporate Sea])
AIADOCUMENTA312• PERFORMANCE BOND AND PAYMENT BOND* DECEMBER 1984 ED. 1AIA 0 A3:12-i984 3
THE AM ERICAN INSTITUTE OF ARCHITECTS, 1735 NEWYORK AVE., N.W. WASHINGTON, D.C. 20006
THE AMERICAN INSTITUTE OF ARCHITECTS
J
AIA DocumentA312
IFIC Bond No. CMIFSU 0502532
Merchants Bond No. IAC 6t010
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
L.L. Pelting Company Inc.
1425 NV. Penn Street, PO Box 230
North Liberty, IA 52317 -0230
OWNER (Name and Address):
City of Iowa City, Iowa
410 E. Washington Street
Iowa City, IN 52240
CONTSTRUCTION CONTRACT
Date:
SURETY (Name and Principal Place of Business):
Merchants Bonding Company (Mutual)
2100 Fleur Drive
Des Moines IA 50321 -1158
and
International Fidelity Insurance Company
One Newark Center, 20th Floor
Newark, NJ 07102 -5207
Amount: $785,108.51
Description (Name and Location): RMA Resurfacing, Johnson County, Project #ESL - 3715(643)-- 7S -52. Co tract Ill
#52- 3715 -643
BOND
Date (Not earlier than Construction Contract Date): August 14, 2009
Amount: $785,108.51
Modifications to this Bond: O None m See Page 6
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
L.L. Felling Company 1ne.
Signature: _A 2'
Name and Title:
(Any additional signatures appear on page 6)
SURETY
Company: (Corporate Seal)
Merchants Bonding Comp�ly (Mu(ual) and International
Fidelity Insuran�eC'o t eftry J
Signature:
Name and Title: Michael P. Foster
Attorney -h3 -Fact
(FOR INFORMATION ONLY— Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other
MCKUSKER & ASSOCIATES party):
P O BOX 85
BROOKLYN, IA 52211
641- 522 -9206
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • ALA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON. O.C. 20006 A312 -1964 4
1 The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, administrator,
successors and assigns to the Owner to pay for labor,
materials and equipment furnished for use in the
performance of the Construction Contract, which is
incorporated herein by reference.
2 With respect to the Owner, this obligation shall be null
and void if the Contractor:
2.1 Promptly makes payment, directly or indirectly,
for all sums due Claimants, and
2.2 Defends, indemnities, and holds harmless the
Owner from all claims, demands, liens or suits by any
person or entity who furnished labor, materials or
equipment for use in the performance of the
Construction Contract, provided the Owner has
promptly notified the Contractor and the Surety (at
the address described in Paragraph 12) of any
claims, demands, liens or suits and tendered defense
of such claims, demands, liens or suits to the
Contractor and the Surety, and provided there is no
Owner Default.
3 With respect to Claimants, this obligation shall be null
and void if the Contractor promptly makes payment,
directly or indirectly, for all sums due.
4 The Surety shall have no obligation to Claimants under
this Bond until:
4.1 Claimants who are employed by or have a direct
contract with the Contractor have given notice to the
Surety (at the address described in Paragraph 12)
and sent a copy, or notice thereof, to the Owner,
stating that a claim is being made under this Bond
and, with substantial accuracy, the amount of the
claim.
4.2 Claimants who do not have a direct contract with
the Contractor:
.1 Have furnished written notice to the Contractor
and sent a copy, or notice thereof, to the
Owner, within 90 days after having last per-
formed labor or last furnished materials or
equipment included in the claim stating, with
substantial accuracy, the amount of the claim
and the name of the party to whom the mater-
ials were furnished or supplied or for whom
the labor was done or performed; and
.2 Have either received a rejection in Whole or in
part from the Contractor, or not received Wthin
30 days of furnishing the above notice any
communication from the Contractor by Which
the Contractor has indicated the claim will be
paid directly or indirectly; and
.3 Not having been paid within the above 30 days,
have sent a written notice to the Surety (at the
address described in Paragraph 12) and sent
a copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and
enclosing a copy of the previous written notice
furnished to the Contractor.
5 If a notice required by Paragraph 4 is given by the
Owner to the Contractor or to the Surety, that is sufficient
compliance.
6 When the Claimant has satisfied the conditions of
Paragraph 4, the Surety shall promptly and at the Surety's
expense take the following actions:
6.1 Send an answer to the Claimant, Wth a copy to
the Owner, within 45 days after receipt of the claim,
stating the amounts that are undisputed and the
basis for challenging any amounts that are disputed.
6.2 Pay or arrange for payment of any undisputed
amounts.
7 The Suretys total obligation shall not exceed the
amount of this Bond, and the amount of this Bond shall be
credited for any payments made in good faith by the
Surety.
8 Amounts owed by the Owner to the Contractor under
the Construction Contract shall be used for the
performance of the Construction Contract and to satisfy
claims, if any, under any Construction Performance Bond.
By the Contractor furnishing and the Owner accepting this
Bond, they agree that all funds earned by the Contractor
in the performance of the Construction Contract are
dedicated to satisfy obligations of the Contractor and the
Surety under this Bond, subject to the Owners priority to
use the funds for the completion of the work.
9 The Surety shall not be liable to the Owner, Claimants
or others for obligations of the Contractor that are
unrelated to the Construction Contract. The Owner shall
not be liable for payment of any costs or expenses of any
Claimant under this Bond, and shall have under this Bond
no obligations to make payments to, give notices on
behalf of, or otherwise have obligations to Claimants
under this Bond.
10 The Surety hereby waives notice of any change,
including changes of time, to the Construction Contract or
to related subcontracts, purchase orders and other
obligations.
11 No suit or action shall be commenced by a Claimant
under this Bond other than in a court of competent juris-
diction in the location in which the work or part of the work
is located or after the expiration of one year from the date
(1) on which the Claimant gave the notice required by
Subparagraph 4.1 or Clause 4.2.3, or (2) on which the
last labor or service was performed by anyone or the last
materials or equipment were furnished by anyone under
the Construction Contract, whichever of (1) or (2) first
occurs. If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation
available to sureties as a defense in the jurisdiction of the
suit shall be applicable.
12 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the
signature page. Actual receipt of notice by Surety, the
Owner or the Contractor, however accomplished, shall be
sufficient compliance as of the date received at the
address shown on the signature page.
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. *A [AD
8312 -1984 5
THE AMERICAN INSTITUTE OF ARCH ITECTS,1735 NEWYORK AVE., N.W. WASHINGTON, D.C. 20006
13 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in
this Bond conflicting with said statutory or legal
requirement shall be deemed deleted herefrom and
provisions conforming to such statutory or other legal
requirement shall be deemed incorporated herein. The
intent is that this Bond shall be construed as a statutory
bond and not as a common law bond.
14 Upon request by any person or entity appearing to be
a potential beneficiary of this Bond, the Contractor shall
promptly furnish a copy of this Bond or shall permit a copy
to be made.
15 DEFINITIONS
15.1 Claimant: An individual or entity having a direct
contract with the Contractor or with a subcontractor of
the Contractor to furnish labor, materials or
equipment for use in the performance of the Contract.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
Section 6 is modified by adding section 6.3.
The intent of this Bond shall be to include without
limitation in the terms "labor, materials or equipment"
that part of water, gas, power, light, heat, oil,
gasoline, telephone service or rental equipment used
in the Construction Contract, architectural and
engineering services required for performance of the
work of the Contractor and the Contractors
subcontractors, and all other items for which a
mechanic's lien may be asserted in the jurisdiction
Where the labor, materials or equipment were
furnished.
15.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the
signature page, including all Contract
Documents and changes thereto.
15.3 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the
Contractor as required by the Construction Contract
or to perform and complete or comply with the other
terms thereof.
6.3 The Surety's failure to discharge its obligations under this Section 6 shall not be deemed to constitute a waiver of
defenses the Surety or Contractor may have or acquire as to a claim. However, if the Surety fails to discharge its
obligations under this Section 6, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant
incurs to recover any sums found to be due and owing to the Claimant.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company:
(Corporatese !)
Signature:
Name and Title:
Address:
SURETY
Company:
Signature: _
Name and Title:
Address:
AIA DOCUPAENT A312 PERFORMANCE BOND AND PAYMENT
(Corpwale Seal)
ON D • DECEMBER 1984 ED. • AIA6
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W. WASHINGTON, D.C. 20006 A312 -1984 6
MERCHANTS
BONDING COMPANY
POWER OF ATTORNEY Bond: JAC61010
for Company Employees
Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under
the laws of the Slate of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made,
constituted and appointed, and does by these presents make, constitute and appoint the following company employees
Michael P. Foster
of Des Moines and State of Iowa its true and lawful Attorney -in -Fact, with full power
and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any
and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such
Instrument shall not exceed the amount of:
Unlimited
and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or
undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of
said Attorney -In -Fact, pursuant to the authority herein given, are hereby ratified and confirmed.
This Power -of- Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By-
Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002.
ARTICLE II, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and
authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the
Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature
thereof.
ARTICLE 11, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile
to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking,
recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the
same force and effect as though manually fixed.
In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and
its corporate seal to be hereto affixed, this 1st day of January , 2009 .
01413 OCgt.*.
0: OP 99�' 2•:
-o-
a' 1933 :•y�
STATE OF IOWA
COUNTY OF POLK as.
MERCHANTS BONDING COMPANY (MUTUAL)
By 77g?�—
President
On this 1st day of January , 2009 . before me appeared Larry Taylor, to
me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL),
the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said
Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first
above written.
c CINDY SMYTH
Commission Number 173504 WWWe ^^ 7Vl
• ow My Commission Expires
March 16, 2012 1 Notary Public, Polk County, Iowa
STATE OF IOWA
COUNTY OF POLK as.
I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing
is a true and correct copy of the POWER -OF- ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is
still In full force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on
this 14th day of August 2009 , . • • • • •. Li //
•.�O \tZG Cpj�,o• /+/'c��rLrx/ °�i.�2.- =�iy�,
�� OpP09 ' �•t
Secretary
«;
-o-
a'•
••y?63.
1933
POA 0005 EMP (1/09)
l LARRY TAYLOR, WILLIAM WARNER JR., MICHAEL P. POSTER a
� S
F
Marengo IA. j
its true and lawful altomeft)in fact to execute, seal and deliver for. and on its behalf as surety, an and and all bonds and undertakings, contracts of indemnity and
other writing5obligatory, mdse nature thereof, which are or may be allowed, required orpernuttedby law, . stature, rule reggulation, contract or otherwise; and
the execution of such mstrumem(s) in pursuance of these presents;.. shall be as bin mg upon the said INTERNATIONAL FIDELITY INSURANCE
COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its :regularly elected officers at its
principal office."
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3 Section 3, of the By Laws adapted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and field on the 7th day of February, 1974.
The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have powei and authority :
(1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and
undertakings, contracts of indemnity and other writings obligatory in the nature thereof and,
(2) To remove, at any time, any such attorney in fact and revoke the authority given.
Further, this Power of Attorney is signed: and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting
duly called and held on the 29th day of April, 1982 of which the following is a true excerpt:
Now therefore the signatures . of such officers and the seal of the Company may be affixed to any such ppower of attorney or any certificate . relating thereto by
facsimile, and any such power of, attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and bindmg upon the Company and any
such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company . in the future with respect to any
bond or undertaking to which it is attached. -
0(f% IT Y /�r�, IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be
�\ 4/ signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007.
C= SEAL m
PO y�
VOA �l�,�y INTERNATIONAL FIDELITY INSURANCE COMPANY
19 STATE f NEW JERSEY
a�p� County of Esser
' Secretary
On this 16th day of October 2007, before me came the individual who executed the preceding instrument to me ppeersonatly known, and, being by me duly j
sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY iNoIWO CE COMPANY; that the seal affixed to
said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of
said Company:.
MA�Q� IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal,
Cl) �� at the City of Newark, New Jersey the day and year first above written.
O NOTARY ;
PUBLIC
�r �r
JE" A NOTARY PUBLIC OF NEW JERSEY
CERTIFICATION :. My Commission Expires Nov. 21, 2010.
1, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing ropy of the
Power of Attorney and affidavit, and the copy of the Section of the By Laws of said Company as set forth in mid Power of Attorney, with the ORIGINALS ON
IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof; and of the whole of the said originals, and that the said Power
of Attorney has not been revoked and is now in full force and effect !
I
i IN TESTIMONY WHEREOF, I have hereunto set my hand this 14th : day of August, 2009
r
Assistant Secretary
'i
'I
i
.�COR�7 CERTIFICATE OF
LIABILITY INSURANCE OP ID D2
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
LL PEL -1 08/17/09
PRODUCER
INSW
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
POLICY NUMBER
DATE (MMmD/VVYY
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
AHROLD FAY ROSENBERG, INC.
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
604 Locust St., Ste. 800
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Des Moines IA 50309 -3713
EACH OCCURRENCE
$1,000,000
•
Phone :515- 309 -6200 Fax:515- 309 -6225
X COMMERCIAL GENERAL LIABILITY
INSURERS AFFORDING COVERAGE
NAIC#
INSURED
PREMISES (Eaoccurence)
INSURERA Cincinnati Insurance Company
10677
Inc.
AATTTN PeULIE
CLAIMS MADE OCCUR
INSURER e:
MAXFIEy,
1425' JWest Penn Street
MED EXP(Any one Parson)
INSURER C:
PERSONAL &ADV INJURY
P.G. BOX 230
North Liberty IA 52317
INSURER D:
• Contractual Liab.
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
INSW
TYPE OF INSURANCE
POLICY NUMBER
DATE (MMmD/VVYY
DATE MM/D
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$1,000,000
•
X
X COMMERCIAL GENERAL LIABILITY
CPP0894633
12/01/08
12/01/09
PREMISES (Eaoccurence)
$100,000
CLAIMS MADE OCCUR
MED EXP(Any one Parson)
$5,000
PERSONAL &ADV INJURY
$1,000,000
• Contractual Liab.
•
XCU Included
GENERAL AGGREGATE
s2,000,000
GENL AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP /OP AGO
$2,000,000
POLICY X PRO LOC
JECT
•
AUTOMOBILE
LIABILITY
ANY AUTO
CAA5877342
12/01/08
12/01/09
COMBINED SINGLE LIMIT
(Eaacddent)
$1,000,000
X
X
BODILY INJURY
(Per P&son)
$
ALL OWNED AUTOS
SCHEDULEDAUTOS
X
X
BO
(Per r acGden awdent) U
$
HIRED AUTOS
NON - OWNEO AUTOS
X
X
PROPERTY DAMAGE
(Per eoddent)
$
Contractual Liab
1
X
MCS -90
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EAACC
$
ANY AUTO
$
AUTO ONLY: AGO
EXCESS I UMBRELLA LIABILITY
EACH OCCURRENCE
s20,0001000
•
X I OCCUR CLAIMS MADE
CPP0894633
12/01/08
12/01/09
AGGREGATE
$20,000,000
Umbrella
$
Form
$
DEDUCTIBLE
$
X RETENTION $O
•
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICEOPRIETEREXCLNER/E ECUTIVEI
(Mandatoryln NN) �Lfl
WC1914362
12/01/08
12/01/09
X TORY LIMITS ER
E.L. EACH ACCIDENT
$500,000
E.L. DISEASE - EA EMPLOYEE
$500,000
H yes, describe ufAer
SPEC IALPROVISIONSbelw
E.L. DISEASE - POLICY LIMIT
$500 000
OTHER
•
Auto Physical
CAA5877342
12/01/08
12/01/09
Comp Ded 1,000
Damage Coverage
I
I
Coll Ded 1,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
City of Iowa City is additional insured on general liability policy in
regards to ESL - 3715(643) -7S -52 HMA Resurfacing
CERTIFICATE HOLDER CANCELLATION
City of Iowa City
410 E. Washington St.
Iowa City IA 52240
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
I04AC -4 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
1988.2009
The ACORD name and logo are registered marks of ACORD
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized
representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon.
pr-bJ
3e(4)
Prepared by: Daniel Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5144
RESOLUTION NO. 11 -78
RESOLUTION ACCEPTING THE WORK FOR THE OLD HIGHWAY 218
RESURFACING PROJECT ESL 3715(643) -7S -52
WHEREAS, the Engineering Division has recommended that the work for construction of the Old
Highway 218 Resurfacing Project ESL 3715(643)- 7S -52, as included in a contract between the
City of Iowa City and L.L. Pelling, Inc. of North Liberty, Iowa, dated July 28, 2009, be accepted;
and
WHEREAS, the performance and payment bond have been filed in the City Engineer's office; and
WHEREAS, funds for this project are available in the Old Highway 218 Resurfacing account #
3810; and
WHEREAS, the final contract price is $693,735.46.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 22nd day of March , 20 11
MAYOR
-
Approved by
ATTEST:_ �� %utcu_% 7S ' ¢ CMG( frf (PO ✓1 �.in7 .1bpeP�
CITY ttERK 'City Attorney's Office 3// re // /
It was moved by champion and seconded by Mims the Resolution be
adopted, and upon roll call there were:
F.M
x
x
x
x
x
x
Pweng1res1hwy219resur/ - acptwork.doc
3/11
NAYS: ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
x Wilburn
Wright