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HomeMy WebLinkAboutRESURFACING/OLD HIGHWAY 218/2009, iiiii 11 i�� "Ik W�l Fill 2009 (-ye ) VLa dnoq Ps- M4�1- �9- ►�Ay- AMP !'t.- na,,v�- Agreem2n7- -gov 41, u ��u1R a alb ��cstr G vi� Pr� ec- ESL - 3715 (4o Z/3) - - 7S ry" d� . c9p'O`� Sf�/el��i I. o Con/�� ✓a // 251.ma� D'N Cos4- 4,6,e �� e0nS7N�LC ,B+-� 6- -7V. OIa/ '9%u)ay at v Resc e4c, /SCEs(_- JS 7/s��¢3' _ 7S- GA] �+ C,4, 1.12 rK Yt� P -f0 r 7�nb '® rt� r0.c 09 -/95 CT Y7120 .'I PlcLns,rrSpeIIc:�;cc�F;pns l ¢ eb , m�L v-C cos-- O « U, 9�waj (� Reswr �aUr� FroTP-C 3�-- 5a, C�2rk 4-o Pu�l.sk Cove s;emtA+ Puce for Tece,P-2- J TS: dc{ ers of olr t� l; oQ— /s �- Ouj or,:2 ✓ v j 4. 4 rytcaC16v, 10 SSA � TAI c�-y C�Qrk- �O C��25'r cc.� r!� -a� -a R. �ef7Rrim�n-t- ^h t7�Ur JY'Ri�par7�u Ps- M4�1- �9- ►�Ay- AMP !'t.- na,,v�- Agreem2n7- -gov 41, u ��u1R a alb ��cstr G vi� Pr� ec- ESL - 3715 (4o Z/3) - - 7S ry" d� . c9p'O`� Sf�/el��i I. o Con/�� ✓a // 251.ma� D'N Cos4- 4,6,e �� e0nS7N�LC ,B+-� 6- -7V. 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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. 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U - � U - z O C9 �� Z s � PO Jcj. Lj U7 Lj C r_ i L1 Z n Z Dc W U CD I �Id LL i a ELI ?8 t I r' S G z Z z�sr(e s)st s- s3 I _,IOWP dE)NlOHjtl.S3H8LZAVA ^,HCIH073 I Nro d 1 1 I� U U Li L U Q co C- L wow w ?O U N X Q LID "I L-\7) X42" ii I Im IQ itr rr ' S �JLr1' t rr r I �rRr =JJ rr s_ J i9 W z LL Oz C Fill c U Z U C a LL 0 0 Z3-SL- (£49j5 LLE-lS3 1S 1S3N213 103rOUd ENIOHdbAS3d BLd),VYF IH 4l0 k, T _ er 3 174,�'�I a w a +off, w z W r 3 Ld 10 LZ J 3 u CC Elf r, o W u CD I U - -C -- U J r LL F d- a Lo L � C 1 30, f Cl Y 1 1 SiJiEG��I 4 1 1 � Q I�p 7 d41 3 174,�'�I a Nvld 0 9 0 z 0 D O N z 0 a s w z w J 3 o I U I LL F Z L � C zs -sue ;eys)sue -is =_ m3road�Naviansaaa�zeym�u0ivaio Need n z L XVMHSIH 3iViS EOP 5 ?a = 53 +72.5420 m U V LL m3: ct- Q 0 c Z > Q� IN z U _C V: Q CS C O RX z r 3 a 0 N w 0 w 0 P1 J o _-oy- 2e 2 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