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STORM SEWER IMPROVEMENTS/FIRST AVENUE/PHASE 1/2011
STORM SEWER IMPROVEMENTS/ FIRST AVENUE/ PHASE 1/ 2011 S r%,- ,.Pro�e, -, •en'(-s /1`t/`�'- t'\t3�uC -. ors-, ewer F'�, cry z�rGC Q:SEA r � flyr�ueiK S�orrrn J�Jer.m�rrntz�S to .-- SAP - -SKP- / Sr_(. r�z -n_!J• X73 Se ine c -�ii b(c -ecrre _ p SF�4e� O/'r Ia'� i Q— rsli�?1/S�L'Z. -_ _ -- - Resolu{,_pa- 1( a9� ac-(�}ec ! e r -- Q -- d- -P;D.on 4�r - �-9 2�1 _1 �q5-p �4t 4-_�t �l_ }_.(/_��(1.�2tuuoJ•h9 .iZ�a tl.$- i-- Spf!C,�{- .c��P^sF�— �l(`/"Orr.� o /��,[�'..f -7 £� eS- %mth'_ o'1- _C,y"� Y_ O✓_ 7' Le_- C4ns4-rKC4;y,,,,_Q— P1,f53 -1 be d SeCuri 1t�Q !nS <o_mp2a w_ea.th - no�;c��o o-f /VOcr- /I 14t --mn7 - 13 /S4f Sew2r �rrprovenver.�S /% /2ST 'J�Q °1 u� /�n1'7ti Ck .)Qrd,f� y Cl r`� y`.. CCi.t_' /?�. .71\;Z- 1?h.� -_e.rr `QypY `i'O _ Sl U11�'. R+�.� TM 1 `rty 112rr� 4tJ23"b` COh.krGc.�'T -o� �h,ftS(e I1. j 44e Z-;r Seiner ��„pr�av�emer.i -s �rofe.L- -t. I 4jce- 4a 6, Jder S roof- o'F /3 -/.55 CC CCe any �1�. o3or(, 4,, Pl�asL ( 4 Rzo- iirs� iUrdcr 2 SAP rrw S wi H Tw �� /ro v f v e nos Rvj� +, ENGINEER'S ESTIMATE September 14, 2011 City Clerk City of Iowa City, Iowa Re: 15t Avenue Storm Sewer Improvements Project —Phase 1 Dear City Clerk: 'rte ®lla 7TA CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX www.icgov.org The estimate for Phase 1 of the 15t Avenue Storm Sewer Improvements Project is $353,000. Sincerely, Jason R. Havel, P.E. Civil Engineer 0 o �n M n-: _ Cr" r� -,0 M W ENGINEER'S ESTIMATE 2, 2011 City Clerk City of Iowa City, to a Re: 1St Avenue Storm S er Im Dear City Clerk: The estimate for Phase 1 of the 1 is $338,000. Sincerely, Jason R. Havel, P. Civil Engineer I t I 61 YT OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX www.icgov.org Project — Phase 1 :.. ; n N ue Storm Sewer Improvementoroject o l Specification No: Plans, Specifications, Proposal and Contract For I't Avenue Storm Sewer Improvements Phase I Iowan City, Iowa CITY OF IOWA CITY City of Iowa City Engineering Division — Public Works 410 East Washington Street Iowa City, Iowa 52240 Phone: 319- 356 -5140 Fax: 319-356-5007 Contract Documents Prepared By: Fo W, I Foth Infrastructure & Environment, LLC 3950 River Ridge Drive NE, SuOe A Cedar Rapids, IA 52402 -2516 Phone: 319 - 365 -9565 Fax: 319 - 365.9631 N r, r -p M SPECIFICATIONS FOR 1ST AVENUE STORM SEWER IMPROVEMENTS PHASE 1 IOWA CITY, IOWA FOTH INFRASTRUCTURE AND ENVIRONMENT LLC. 4211 GLASS ROAD NE, SUITE B CEDAR RAPIDS, IOWA 52402 \ \p \qultttr4 /// 13 \ \�tLOFESSI(lNq q¢ direct personal supervision and that I am a duly licensed Professional Engineer ``�NO ............ under the laws the State of Iowa. , r7 ICq 3� SCOTT K. m -_ Scott K. Severs, P.E. =J i SOVERS �s license No. 17141 tt 17141 = My renewal dale is December 31, 2011 _ ! � � i •.:, e`er \ \p \qultttr4 /// I hereby certify that this engineering document was prepared by me or under my \ \�tLOFESSI(lNq q¢ direct personal supervision and that I am a duly licensed Professional Engineer ``�NO ............ under the laws the State of Iowa. , Date: / L I I r 3� SCOTT K. m -_ Scott K. Severs, P.E. =J i SOVERS �s license No. 17141 tt 17141 = My renewal dale is December 31, 2011 Pages or sheets covered by this seal: All pages TABLE OF CONTENTS 1ST AVENUE STORM SEWER IMPROVEMENTS -- PHASE 1 <� IOWA CITY, IOWA -> i ia- Title Page --O Certifications Table of Contents BIDDING REQUIREMENTS, CONTRACT FORMS: Advertisementfor Bids ..................................................................................... ...........................AF -1 Noteto Bidders ........................................................................................... ............................... NB -1 Formof Proposal ......................................................................................... ............................... FP -1 BidBond .......................................................................................................... ...........................BB -1 Formof Agreement ..................................................................................... ............................... AG -1 Performance and Payment Bond ..................................................................... ...........................PB -1 CONDITIONS OF THE CONTRACT: Contract Compliance (Anti- Discrimination Requirements) .......................... ............................... CC -1 GeneralConditions .................................................................................... ............................... GC -1 Supplementary Conditions .......................................................................... ............................... SC -1 Restriction on Non - Resident Bidding on Non - Federal -Aid Projects ............... ............................... R -1 SPECIFICATIONS: PART 1 — GENERAL REQUIREMENTS Section 01025 Measurement and Payment ................. ............................... 01025 -1 Section 01090 Reference Standards ........................... ............................... 01090 -1 Section 01310 Progress and Schedules ...................... ............................... 01310 -1 Section 01570 Traffic Control and Construction Facilities ........................... 01570 -1 PART 2 - SITE WORK Iowa Statewide Urban Specifications for Public Improvements Manual (Not Bound Herein) ADVERTISEMENT FOR BIDS 1st Avenue Storm Sewer Improvements Phase 1 Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 PM. on the 13th day of October, 2011. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 18th day of October, 2011, or at special meeting called for that purpose. The Project will involve the following: The construction of storm sewer improvements along the north side of 1" Avenue from 200 feet east of Lower Muscatine Road to 800 feet west of Mail Drive. Project includes all materials, labor and equipment necessary for the completion of the project. Approximate project quantities include: 875 CY of excavation, 1,142 SY of 6" PCC parking lot pavement, 420 LF of 7 ft x 3 ft reinforced concrete box culvert, pavement markings, erosion control, seeding, and miscellaneous related work. All work is to be done in strict compliance with the plans and specifications prepared by Foth Infrastructure and Environment, LLC, of Cedar Rapids, Iowa, which have heretofore been approved by the City Council, and are on file for public exami- nation in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100 %) of the contract price, said bond to be issued by a responsible surety approved by the City, and AF -1 shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Start Date: October 31 " 2011 Completion Date: Mav 25 .2012 Liquidated Damages: $800.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the office of the City Engineer of Iowa City 410 East Washington Street, Iowa City, Iowa 52240, by bona fide bidders. A $35.00 refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to: Treasurer of the City of Iowa City, Iowa. A refund will be issued if re- useable plans and specifications are returned to the City of Iowa City within 14 days of the project award date. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242 -4721 and the Iowa Department of Transportation Contracts Office at (515) 239 -1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF -2 N U !C7 U7 9 r °7 P NOTE TO BIDDERS 1. The successful bidder and all subcontractors are required to submit at least 4 days priorto award three references involving similar projects, including at least one municipal reference. Award of the bid or use of specific subcontractors may be denied if sufficient favorable references are not verified or may be denied based on past experience on projects with the City of Iowa City. 2. References shall be addressed to the City Engineer and include the name, address and phone number of the contact person, for City verification. 3. Bid submittals are: Envelope 1: Envelope 2: Bid Bond Form of Proposal Eay NOTE TO BIDDERS NB —1 FORM OF PROPOSAL ra 1STAVENUE STORM SEWER IMPROVEMENTS _ PHASE 1 u -- rn d NOTICE TO BIDDERS: PLEASE DO NOT USE THE BID FORM INCLUDED IN THE BOUND VOLUME OF THE SPECIFICATIONS. SEPARATE COPIES OF THIS PROPOSAL FORM ARE INCLUDED WITH THIS DOCUMENT. Name of Bidder. Address of TO: City Clerk City of Iowa City - Civic Center 410 East Washington Street Iowa City, Iowa 52240 The undersigned bidder submits herewith bid security in the amount of $ in accordance with the terms set forth in the 'Project Specifications." The undersigned bidder, having examined and determined the scope of the Contract Documents, hereby proposes to provide the required labor, services, materials and equipment and to perform the Project as described in the Contract Documents, including Addenda and , and to do all work at the prices. We further propose to do all "Extra Work" which may be required to complete the work contemplated, at unit prices or lump sums to be agreed upon in writing prior to starting such work. FORM OF PROPOSAL FP -t SCHEDULE OF PRICES ITEM DESCRIPTION UNIT TOTAL UNIT COST EXTENDED PRICE. DIVISION 1 - GENERAL CONSTRUCTION SURVEY _ _ MOBILIZATION _ $ _ $ k 1.1 1.2 LS 1 LS LS 1 $ 2- EARTHWORK CLEARING AND GRUBBING _ PAVEMENT REMOVAL REMOVAL OF EXISTING STRUCTURES TOPSOIL FURNISH AND SPREAD EXCAVATION CLASS 10 SPECIAL BACKFILL 1 1,142 1 DIVISION 2.1 2.2 SY EA 2.3 2.4 _ _ 2.5 2.8 t$O r S CY 215 CY 875 CY TON 135 DIVISION 3- TRENCH AND TRENCHLESS CONSTRUCTION 3A TRENCH FOUNDATION STABILIZATION MATERIAL 350 $ DIVISION 4 - SEWERS AND DRAINS SEWER STORM 12 IN. DIA. RCP CLASS III _ 4.1 4.2 LF 3 _ SEWER STORM 151N. DIA., RCP CLASS III SEWER STORM 401N. X 651N, ARCH 164 IN. EQUIV.), RCP CLASS III LF 33 $ 4.3 LF 12 4.4 SEWER STORM B IN. DIA. , PVC SEWER STORM, 36 IN. DIA., HDPE SEWER STORM FT X 3 FT REINFORCED CONCRETE BOX (PRECAST OR CA,' LF 17 _ _ 48 420 S 4.5 LF LF $ 4.6 $ $ 4.7 4.8 _7 _ TEMPORARY PCBC INLET CONNECTION _ _ TEMPORARY PCBC OUTLET CONNECTION_ STORM SEWER AND PIPE CULVERT REMOVAL LS i A_ $ LS 1 $_ $ 4.9 LF 44 $ DIVISION 6 -STRUCTURES FOR SANITARY AND STORM SEWERS 6.1 INTAKE SW-611 7 - STREETS AND RELATED WORK EA 3 $ A- _ _ DIVISION 7.1 7.2 DIVISION 8.1 82 PAVEMENT, STANDARD OR SLIP FORM P.C. CONCRETE CLASS C, CLASS 3 DURABILITY 6IN. _ _ GRANULAR SURFACING ON ROAD, CRUSHED STONE T( EMORARY) _ _ _ 8 - TRAFFIC CONTROL, SIGNALS AND LIGHTING PAINED PAVEMENT MARKINGS, WATERBORNE I SOLVENT CONSTRUCTION ACCESS AND STAGING SY 1,142 $ $ $ TON 100 $ STA 7.00 $ _ $ LS 1 $ $ DIVISION 9 - SITE WORK AND LANDSCAPING 9.1 SEEDING_, FERTILIZING_ , AND MULCHING TYPE 1, PERMANENT LAWN MIXTURE ACRE_ 0.20 $ $ 9.2 SILT FENCE LF 200 $ $ 9.3 TEMPORARY ROLLED EROSION CONTROL TYPE 2D SY 855 $ $ 9.4 CHAIN LINK FENCE, REMOVE AND REINSTALL LF 60 _ 1.400 $_ _ _ $_ _ _ _ _ $ 9.5 CONSTRUCTION SAFETY FENCE LF $ TOTAL BASE BID OF ITEMS: $. FORM OF PROPOSAL FP-2 The names of those persons, firms, companies or other parties with whom we intend to enter into a subcontract, together with the type of subcontracted work and approximate dollar amount of the subcontract, are as follows: NOTE: All subcontractors are subject to approval by City. The Owner reserves the right to accept or reject the Bid. The Owner intends to award a single contract which it deems to be in the best interests of the City. All Bidders shall submit a detailed "Schedule of Prices" as described in the Instructions to Bidders. The undersigned bidder certifies that this proposal is made in good faith, and without collusion or connection with any other person or persons bidding on the work. The undersigned bidder states that this proposal is made in conformitywith the Contract Documents and agrees that, in the event of any discrepancies or differences between any conditions of this proposal and the Contract Documents prepared by the City of Iowa City, the more specific shall prevail. (Printed Name) (Title) (Business Address) (Bidders Phone Number(s) (Bidders FAX Number(s)) (Bidders Federal Tax I.D. Number) FORM OF PROPOSAL FP -3 BID BOND as Principal, and i I ' as Surety declare that we are held and are firmly bound unto the City of Iowa City, Iowa,, hereinafter called "OWNER," in the sum of Dollars ($ ) to pay said sum as herein provided. We. as Principal and Surety further promise and declare that these obligations shall bind our heirs, executors+ administrators, and successors jointly and severally. This obligation is conditibned on the Principal submission of the accompanying bid, dated for the 1 ST Avenue Storm Sewer Improvements — Phase 1. NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified, and the Principal shall then furnish a bond for the Principal's faithful performance of said Project, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Project, as agreed to by the City's acceptance of said Bid, then this obligation shall be void. Otherwise this obligation shall remain in full force and effect, provided that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the amount of the obligation stated herein. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in the event that the Principal fails to execute the contract and provide the bond, as provided in the Project specifications or as required by law. The Surety, for value received hereby stipulates and agrees that the obligations of said Surety and its bond shall in no way be impaired or affected by any extension of the time within which the Owner may accept such Bid or may execute such contract documents, and said Surety does hereby waive notice of any such time extension. The Principal and the Surety hereto execute this bid bond day of . A.D., Witness Witness Principal By (Title) (Seal) Surety By (Attorney -in -fact) (Attach Power -of Attorney) BID BOND BB -1 FORM OF AGREEMENT a a THIS AGREEMENT is made and entered into by and between the City of Iowa City, Iowa ( "City"), and ( "Contractor" Whereas Foth has prepared certain plans, specifications, proposal and bid documents dated the _day of 20_, for the Vt Avenue Storm Sewer Improvements — Phase 1. and Whereas, said plans, specifications, proposal and bid documents accurately and fully describe the terms and conditions upon which the Contractor is willing to perform the Project. NOW, THEREFORE, IT IS AGREED: 1. The City hereby accepts the attached proposal and bid documents of the Contractor for the Project, and for the sums listed therein. 2. This Agreement consists of the following component parts which are incorporated herein by reference: a. Addenda b. 'Iowa Statewide Urban Specifications for Public Improvements Manual' C. Plans; d. Specifications and Supplementary Conditions; e. Advertisement for Bids; f. Note to Bidders; g. Performance and Payment Bond; h. Restriction on Non - Resident Bidding of Non - Federal -Aid Projects; i. Contract Compliance Program (Anti- Discrimination Requirements); j. Form of Proposal and Bid Documents k. This Instrument The above components are deemed complementary and should be read together. In the event of a discrepancy or inconsistency, the more specific provision shall prevail. 3. The names of subcontractors, together with quantities, unit prices, and extended dollar amounts, are as follows (or shown on an attachment): FORM OF AGREEMENT AG -1 9 Payments are to be made to the Contractor in accordance with Supplementary Conditions. i VI D DATED this day of OWNER: City of Iowa Citv ATTEST: Mayor CONTRACTOR: (Title) ATTEST: City Clerk (Company Official) APPROVED BY: City Attorney's Office FORM OF AGREEMENT AG- 2 N CJ PERFORMANCE AND PAYMENT BOND as .91 (Here insert the name and address or legal title of the Contractor) Principal, hereinafter called the Contractor and Surety, hereinafter (Here insert the legal title of the Surety) called the Surety, are held and firmly bound unto the City of Iowa City, Iowa, as obligee, hereinafter called the Owner, in the amount of ($ ) for the payment for which Contractor and Surety hereby bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has, as of entered into a (date) written Agreement with Owner for the Vt Avenue Storm Sewer Improvements — Phase 1; and WHEREAS, the Agreement requires execution of this Performance and Payment Bond, to be completed by Contractor, in accordance with plans and specifications prepared by the City of Iowa City, which Agreement is by reference made a part hereof, and the agreed -upon work is hereafter referred to as the Project. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Agreement, then the obligation of this bond shall be null and void; otherwise it shall remain in full force and effect until satisfactory completion of the Project. A. The Surety hereby waives notice of any alteration or extension of time made by the Owner. B. Whenever Contractor shall be, and is declared by Owner to be, in default under the Agreement, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Project in accordance with the terms and conditions of the Agreement, or 2. Obtain a bid or bids for submission to Owner for completing the Project in accordance with the terms and conditions of the Agreement; and upon determination by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available, as work progresses (even though there may be a default or a succession of defaults under the Agreement or subsequent contracts of completion arranged under this paragraph), sufficient funds to pay the cost of completion, less the balance of the Contract Price, but not exceeding the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Agreement, together with any addenda and /or amendments thereto, less the amount properly paid by Owner to Contractor. PERFORMANCE AND PAYMENT BOND PB -1 C. The Contractor and Contractor's Surety shall be obligated to keep the improvements covered by this bond in good repair for a period of five (5) years from the date of formal acceptance of the improvements by the Owner. D. No right of action shall accrue to or for the use of any person, corporation or third party other than the Owner named herein or the heirs, executors, administrators or successors of Owner. IT IS A FURTHER CONDITION OF THIS OBLIGATION that the Principal and Surety, in accordance with provisions of Chapter 573, Code of Iowa, shall pay to all persons, firms or corporations having contracts directly with the Principal, including any of Principal's subcontractors, all claims due them for labor performed or materials furnished in the performance of the Agreement for whose benefit this bond is given. The provisions of Chapter 573, Code of Iowa, are a part of this bond to the same extent as if it were expressly set out herein. SIGNED AND SEALED THIS DAY OF IN THE PRESENCE OF: Witness Witness (Principal) (Title) (Surety) (Title) (Address) PERFORMANCE AND PAYMENT BOND PB- 2 C ntracJ Compliance Program 1111W CITY OF IOWA CITY N cA all C ntracJ Compliance Program 1111W CITY OF IOWA CITY SECTION I - GENERAL POLICY STATEMENT It is the policy of the City of Iowa City to require equal employment opportunity in all City contract work. This policy prohibits discrimination by the City's contractors, consultants and vendors and requires them to ensure that applicants seeking employment with them and their employees are treated equally without regard to race, color, creed, religion, national origin, sex, gender identity, sexual orientation, disability, marital status, and age. It is the City's intention to assist employers, who are City contractors, vendors or consultants, in designing and implementing equal employment opportunity so that all citizens will be afforded equal accessibility and opportunity to gain and maintain employment. PROVISIONS: 1. All contractors, vendors, and consultants requesting to do business with the City must submit an Equal Opportunity Policy Statement before the execution of the contract. 2. All City contractors, vendors, and consultants with contracts of $25,000 or more (or less if required by another governmental agency) must abide by the requirements of the City's Contract Compliance Program. Emergency contracts may be exempt from this provision at the discretion of the City. Regardless of the value of the contract, all contractors, vendors, and consultants are subject to the City's Human Rights Ordinance, which is codified at Article 2 of the City Code. 3. Contracting departments are responsible for assuring that City contractors, vendors, and consultants are made aware of the City's Contract Compliance Program reporting responsibilities and receive the appropriate reporting forms. A notification of requirements will be included in any request for proposal and notice of bids. 4. Prior to execution of the contract, the completed and signed Assurance of Compliance (located on pages CC -2 and CC -3) or other required material must be received and approved by the City. 5. Contracting departments are responsible for answering questions about contractor, consultant and vendor compliance during the course of the contract with the City. 6. All contractors, vendors, and consultants must refrain from the use of any signs or designations which are sexist in nature, such as those which state "Men Working" or "Flagman Ahead," and instead use gender neutral signs. All contractors, vendors, and consultants must assure that their subcontractors abidd by the City's Human Rights Ordinance. The City's protected classes are listed at Iowa City City Code section 2 -3 -1. ,O ul CONTRACT COMPLIANCE CC -1 SECTION II - ASSURANCE OF COMPLIANCE The following sets forth the minimum requirements of a satisfactory Equal Employment Opportunity Program which will be reviewed for acceptability. PLEASE RETURN PAGES CC2 AND CC3 OF THIS SECTION TO THE CONTRACTING DEPARTMENT PRIOR TO THE EXECUTION OF THE CONTRACT. With respect to the performance of this contract, the contractor, consultant or vendor agrees as follows: (For the purposes of these minimum requirements, "contractor" shall include consultants and vendors.) The contractor will not discriminate against any employee or applicant for employment and will take affirmative efforts to ensure applicants and employees are treated during employment without regard to their race, color, creed, religion, national origin, sex, sexual orientation, gender identity, disability, marital status, and age. Such efforts shall include, but not be limited to the following: employment, promotion, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that it is an equal opportunity employer. Note: Contracts that are federally funded are subject to Executive Order No. 11246, as amended, and the regulations (see generally 29 U.S.C. § 1608 at sue.) and relevant orders of the U.S. Secretary of Labor. The Secretary of Labor, and not the City, enforces said regulations and orogrs. 3. Provide a copy of your written Equal Employment Opportunity policy stateme�t. ° d Where is this statement posted? �, y 4. What is the name, telephone number and address of your business' Equal Employment Opportunity Officer? (Please print) Phone number Address 5. The undersigned agrees to display, in conspicuous places at the work site, all posters required by federal and state law for the duration of the contract. NOTE: The City can provide assistance in obtaining the necessary posters. CONTRACT COMPLIANCE CC -2 6. How does your business currently inform applicants, employees, and recruitment sources (including unions) that you are an Equal Employment Opportunity employer? The above responses to questions 1 through 6, are true and correctly reflect our Equal Employment Opportunity policies. Business Signature Print Name Phone Number Title t_. (. 41 • �• d CONTRACT COMPLIANCE CC -3 SECTION III - SUGGESTED STEPS TO ASSURE EQUAL EMPLOYMENT OPPORTUNITIES COMPANY POLICY Determine your company's policy regarding equal employment opportunities. Document the policy and post it in a conspicuous place so that it is known to all your employees. Furthermore, disseminate the policy to all potential sources of employees and to your subcontractors asking their cooperation. The policy statement should recognize and accept your responsibility to provide equal employment opportunity in all your employment practices. In regard to dissemination of this policy, this can be done, for example, through the use of letters to all recruitment sources and subcontractors, personal contacts, employee meetings, web page postings, employee handbooks, and advertising. 2. EQUAL EMPLOYMENT OPPORTUNITY OFFICER Designate an equal employment opportunity officer or, at minimum, assign someone the responsibility of administering and promoting your company's Equal Employment Oppdftnity program. This person should have a position in your organization which emphasizes the- importance of the program. 3. INSTRUCT STAFF T ' Your staff should be aware of and be required to abide by your Equal Employment Opportunit% l program. All employees authorized to hire, supervise, promote, or discharge employees or are a involved in such actions should be trained and required to comply with your policy and the: current equal employment opportunity laws. 4. RECRUITMENT (a) Let potential employees know you are an equal opportunity employer. This can be done by identifying yourself on all recruitment advertising as "an equal opportunity employer". (b) Use recruitment sources that are likely to yield diverse applicant pools. Word -of -mouth recruitment will only perpetuate the current composition of your workforce. Send recruitment sources a letter annually which reaffirms your commitment to equal employment opportunity and requests their assistance in helping you reach diverse applicant pools. (c) Analyze and review your company's recruitment procedures to identify and eliminate discriminatory barriers. (d) Select and train persons involved in the employment process to use objective standards and to support equal employment opportunity goals. (e) Review periodically job descriptions to make sure they accurately reflect majorjob functions. Review education and experience requirements to make sure they accurately reflect the requirements for successful job performance. (f) Review the job application to insure that only job related questions are asked. Ask yourself "Is this information necessary to judge an applicant's ability to perform the job applied for ?" Only use job - related tests which do not adversely affect any particular group of people. (g) Monitor interviews carefully. Prepare interview questions in advance to assure that they are only job related. Train your interviewers on discrimination laws. Biased and subjective judgments in personal interviews can be a major source of discrimination. (h) Improve hiring and selection procedures and use non - biased promotion, transfer and training policies to increase and/or improve the diversity of your workforce representation. Companies must make sure procedures for selecting candidates for promotion, transfer and training are based upon a fair assessment of an employee's ability and work record. Furthermore, all companies should post and otherwise publicize all job promotional opportunities and encourage all qualified employees to bid on them. CONTRACT COMPLIANCE CC -4 r �ui cmarz �O City Of a �A N - ; c r.> �...... Attached for your information is a copy of Section 2 — 3 —1 of the Iowa City Code of Ordinances which prohibits certain discriminatory practices in employment. Please note that the protected characteristics include some not mandated for protection by Federal or State law. As a contractor, consultant or vendor doing business with the City of Iowa City you are required to abide by the provisions of the local ordinance in conjunction with your performance under a contract with the City. CONTRACT COMPLIANCE CC-5 2 -3 -1: EMPLOYMENT; EXCEPTIONS: A. It shall be unlawful for any employer to refuse to hire, accept, register, classify, promote or refer for employment, or to otherwise discriminate In employment against any other person or to discharge any employee because of age, color, creed, disability, gender identity, marital status, national origin, race, religion; sex or sexual orientation. (Ord. 03 -4105, 12 -16 -2003) B. it shall be unlawful for any labor organization to refuse to admit to membership, apprenticeship or training an applicant, to expel any member, or to otherwise discriminate against any applicant for membership, apprenticeship or training or any member in the privileges, rights or benefits of such membership, apprenticeship or training because of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation of such applicant or member. C. It shell be unlawful for any employer, employment agency, labor organization or the employees or members thereof to directly or Indirectly advertise or In any other manner indicate or publicize that individuals are unwelcome, objectionable or not solicited for employment or membership because of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation. (Ord. 95 -3697, 11 -7 -1995) Iowa City 2 -3 -1 2;3 -1 CHAPTER DISCRIMINATORY PRACTICES SECTION: a' 2 -3 -1: Employment; Exceptions 2 -3 -2: Public Accommodation; Exceptions 2 -3 -3: Credit Transactions; Exceptions 2- 3 -4:.. Education 2 -3 -5: Aiding Or Abetting; Retaliation; Intimidation 2 -3 -1: EMPLOYMENT; EXCEPTIONS: A. It shall be unlawful for any employer to refuse to hire, accept, register, classify, promote or refer for employment, or to otherwise discriminate In employment against any other person or to discharge any employee because of age, color, creed, disability, gender identity, marital status, national origin, race, religion; sex or sexual orientation. (Ord. 03 -4105, 12 -16 -2003) B. it shall be unlawful for any labor organization to refuse to admit to membership, apprenticeship or training an applicant, to expel any member, or to otherwise discriminate against any applicant for membership, apprenticeship or training or any member in the privileges, rights or benefits of such membership, apprenticeship or training because of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation of such applicant or member. C. It shell be unlawful for any employer, employment agency, labor organization or the employees or members thereof to directly or Indirectly advertise or In any other manner indicate or publicize that individuals are unwelcome, objectionable or not solicited for employment or membership because of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation. (Ord. 95 -3697, 11 -7 -1995) Iowa City N O 2 -3 -1 2 -3 -1 D. Employment policies relating to pregnancy and childbirth shall be governed by the following: 1. A written or unwritten employment policy or practice which excludes from employment applicants or employees because of the employee's pregnancy is a prima facie violation of this title. 2. Disabilities caused or contributed to by the employee's pregnancy, miscarriage, childbirth and recovery therefrom are, for all job related purposes, temporary disabilities and shall be treated as such under any health or temporary disability Insurance or sick leave plan available in connection with employment or any written or unwritten employment policies and practices Involving terms and conditions of employment as applied to other temporary disabilities. E. It shall be unlawful for any person to solicit or require as a condition of employment of any employee or prospective employee a test for the presence of the antibody to the human immunodeficiency virus. An agreement between an employer, employment agency, labor organization or their employees, agents or members and an employee or prospective employee concerning employment, pay or benefits to an employee or prospective employee in return for taking a test for the presence of the antibody to the human Immunodeficiency virus, Is prohibited. The prohibitions of this subsection do not apply If the state epidemiologist determines and the director of public health declares through the utilization of guidelines established by the center for disease control of the United States department of health and human services, that a person with a condition related to acquired immune deficiency syndrome poses a significant risk of transmission of the human Immunodeficiency virus to other persons In a specific occupation. F. The following are exempted from the provisions of this section: 1. Any bona fide religious institution or Its educational facility, association, corporation or society with respect to any qualifications for employment based on religion when such qualifications are related to a bona fide religious.purpose. A religious qualification for instructional personnel or an administrative officer, serving In a supervisory capacity of a bona fide religious educational facility or religious institution shall be presumed to be a bona fide occupational qualification., (Ord, 94.3647, 11 -8 -1994) 2. An employer or employment agency which chooses to offer employment or advertise for employment to only the disabled or Iowa city i 2 -3 -1 elderly. Any such employment or offer of employment shall not discriminate among the disabled or.elderly on the basis of age, color, creed, -disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation. (Ord. 95 -3697, 11 -7 =1995) 3. The employment of individuals for work within the home of the employer if the employer or members of the family reside therein during such employment. 4. The employment of individuals to render personal service to the person of the employer or members of the employer's family. (Ord. 94- 3647,11 -8 -1994) 5. The employment on the basis of sex in those certain instances where sex Is a bona fide occupational qualification reasonably necessary to the normal operation of a particular business or enterprise: The bona fide occupational qualification shall be Interpreted narrowly. (Ord. 03 -4105, 12- 16.2003) 6. A state or federal program designed to benefit a specific age classification which serves a bona fide public purpose. (Ord. 94- .3647, 11 -8 -1994) 7. The employment on the basis of disability in those certain Instances where presence of disability is, a, bona fide occupational qualification reasonably necessary to the normal operation of a particular business or enterprise. The bona fide occupational qualification shall be Interpreted narrowly. (Ord. 03 -4105, 12 -16 -2003) 8. Any employer who regularly employs less than four (4) individuals. For purposes of this section, individuals who are members of the employer's family shall not be counted as employees. (Ord. 08- 4312, 8- 11.2008) 2 -3 -2: PUBLIC ACCOMMODATION; EXCEPTIONS: A. It shall be unlawful for any person to deny any other person the full and equal enjoyment of the goods, services, facilities, privileges, advantages of any place of public accommodation because of age, color, creed, disability, gender Identity, marital status, national origin, race, religion, sex or sexual orientation. This section shall not apply to discounts for services or accommodations based upon age. (Ord. 00- 39.50,11 -7 -2000) September 2008 Lowe City N O N 2 -5.2 elderly. Any such employment or offer of employment shall not discriminate among the disabled or.elderly on the basis of age, color, creed, -disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation. (Ord. 95 -3697, 11 -7 =1995) 3. The employment of individuals for work within the home of the employer if the employer or members of the family reside therein during such employment. 4. The employment of individuals to render personal service to the person of the employer or members of the employer's family. (Ord. 94- 3647,11 -8 -1994) 5. The employment on the basis of sex in those certain instances where sex Is a bona fide occupational qualification reasonably necessary to the normal operation of a particular business or enterprise: The bona fide occupational qualification shall be Interpreted narrowly. (Ord. 03 -4105, 12- 16.2003) 6. A state or federal program designed to benefit a specific age classification which serves a bona fide public purpose. (Ord. 94- .3647, 11 -8 -1994) 7. The employment on the basis of disability in those certain Instances where presence of disability is, a, bona fide occupational qualification reasonably necessary to the normal operation of a particular business or enterprise. The bona fide occupational qualification shall be Interpreted narrowly. (Ord. 03 -4105, 12 -16 -2003) 8. Any employer who regularly employs less than four (4) individuals. For purposes of this section, individuals who are members of the employer's family shall not be counted as employees. (Ord. 08- 4312, 8- 11.2008) 2 -3 -2: PUBLIC ACCOMMODATION; EXCEPTIONS: A. It shall be unlawful for any person to deny any other person the full and equal enjoyment of the goods, services, facilities, privileges, advantages of any place of public accommodation because of age, color, creed, disability, gender Identity, marital status, national origin, race, religion, sex or sexual orientation. This section shall not apply to discounts for services or accommodations based upon age. (Ord. 00- 39.50,11 -7 -2000) September 2008 Lowe City SCHEDULE OF PRICES ITEM DESCRIPTION UNIT TOTAL UNIT COST EXTENDED PRICE DIVISION 1 - GENERAL 1.1 _ CONSTRUCTION SURVEY LS 1 $ 5 1.2 MOBILIZATION LS 1 $ 5 __ DIVISION 2 - EARTHWORK 2.1 CLEARING AND GRUBBING LS 1 $ 22 PAVEMENT REMOVAL BY 1,143 $ $ 2.3 _ REMOVAL OF EXISTING STRUCTURES EA 1 $ 2.4 TOPSOIL, FURNISH AND SPREAD CY 215 $ $ 2.5 EXCAVATION CLASS 10 CY 875 S 2.6 _ SPECIAL BACKFILL CY 135 $ S _ DIVISION 3 - TRENCH AND TRENCHLESS CONSTRUCTION 3.1 _ TRENCH FOUNDATION STABIL17ATION MATERIAL TON 350 $ S DIVISION 4 - SEWERS AND DRAINS 4.1 SEWER STORM, 121N. DIA., RCP CLASS III LF 3 $ $ 4.2 SEWER STORM, 151N. DIA., RCP CLASS III LF 33 $ $ 4.3 SEWER STORM, 401N. X 65 IN. ARCH 541N. EQUIV.), RCP CLASS III LF 12 $ 4.4 SEWER STORM, 8IN. DIA PVC LF 17 $ $ 4.5 SEWER STORM, 361N. DIA. , HDPE LF 48 $ $ 4.6 SEWER STORM. 7 FT X 3 FT REINFORCED CONCRETE BOX PRECAST OR CAST -IN -PLACE LF 420 $ $ 4.7 STORM SEWER AND PIPE CULVERT REMOVAL LF 44 $ $ DIVISION 6 - STRUCTURES FOR SANITARY AND STORM SEWERS 6.1 INTAKE, SW -511 EA 3 $ $ DIVISION 7 - STREETS AND RELATED WORK _ 7.1 PAVEMENT, STANDARD OR SLIP FORM P.C. CONCRETE CLASS C, NON - REINFORCED, CLASS 3 DURABILITY 61N. BY 230 $ 5 7.2 PAVEMENT, STANDARD OR SLIP FORM P.C. CONCRETE CLASS C, REINFORCED, CLASS 3 DURABILITY 61N. SY 913 $ $ 7.3 GRANULAR SURFACING ON ROAD CRUSHED STONE (TEMORARY) TON 100 $ $ 7.4 _ GRANULAR PARKING LOT (TEMPORARY) LS 1 $ $ DIVISION 8 - TRAFFIC CONTROL, SIGNALS AND LIGHTING _ 8.1 PAVEMENT MARKINGS, WATERBORNE /SOLVENT STA 7.00 $ $ _PAINTED 8.2 _ CONSTRUCTION ACCESS AND STAGING LS 1 $ $ DIVISION 9 -SITE WORK AND LANDSCAPING 9.1 SEEDING, FERTILIZING AND MULCHING TYPE 1, PERMANENT LAWN MIXTURE ACRE 0.20 $ $ 9.2 SILT FENCE LF 200 $ _ $ 9.3 TEMPORARY ROLLED EROSION CONTROL TYPE 20 BY 855 $ $ 9.4 CHAIN LINK FENCE REMOVE AND REINSTALL LF 60 $ $ 9.5 CONSTRUCTION SAFETY FENCE ) I . LF 1,400 $ 5 TOTAL BASE BID OF ITEMS, $ FORM OF PROPOSAL FP - 2 GENERAL CONDITIONS Division 1, General Requirements and Covenants of the Iowa Statewide Urban Specifications for Public Improvements Manual shall apply except as amended in the Supplementary Conditions. ra l i 7 _ r1 GENERAL CONDITIONS GC -1 SUPPLEMENTARY CONDITIONS ARTICLES WITHIN THIS SECTION N S -1 Definitions S -2 Construction Stakes —; t S -3 Compliance with OSHA Regulations = -4 ) 7 �' -? rl S -4 Insurance S -5 Concerning Subcontractors, Suppliers and Others S -6 Work on Sundays or Legal Holidays S -7 Supervision and Superintendence S -8 Employment Practices S -9 Contract Compliance Program (Anti- Discrimination Requirements) S -10 Measurement and Payment S -11 Taxes S -12 Restriction on Non - Resident Bidding on Non - Federal -Aid Projects Caption and Introductory Statements These Supplementary Conditions amend or supplement Division 1 of the Iowa Statewide Urban Specifications for Public Improvements Manual, as amended and other provisions of the Contract Documents. All provisions which are not so amended or supplemented remain in full force and effect. S -1 DEFINITIONS. ADD to or CHANGE the following definitions within section 1010 of the Iowa Statewide Urban Specifications for Public Improvements Manual: "ENGINEER" shall mean the Director of Public Works for the City of Iowa City, Iowa or his authorized representative. "OWNER" and "CITY" shall mean the City of Iowa City, Iowa acting through the City Council and duly authorized agents. "CONTRACTING AUTHORITY," "DEPARTMENT OF TRANSPORTATION," or "COUNTY" shall mean the CITY. "IDOT STANDARD SPECIFICATIONS" shall mean the Iowa Department of Transportation "Standard Specifications for Highway and Bridge Construction," Series of 2009, as amended. S -2 CONSTRUCTION STAKES. Replace item B of section 1050, paragraph 1.10 of the Iowa Statewide Urban Specifications for Public Improvements Manual with the following: SUPPLEMENTAL REGULATIONS SC - 1 N The Contractor shall be responsible for providing construction staking for the project. Survey stakes (including control points) inadvertently disturbed or removed'- dyring the ^ a'i course of construction shall be replaced at the contractor's expense. - - - c r< ry l S -3 COMPLIANCE WITH OSHA REGULATIONS. Add the following to section 1070, paragraph 2.02 of the Iowa Statewide Urban Specifications'for' Public Improvements Manual: - The Contractor and all subcontractors shall comply with the requirements of 29 CFR 1910 (General Industry Standard) and 29 CFR 1926 (Construction Industry Standard). The Contractor and all subcontractors are solely responsible for compliance with said regulations. The Contractor will provide Material Safety Data Sheets (MSDS) for all hazardous chemicals or materials that will be at the job site. The Material Safety Data Sheets will be submitted to the Project Engineering prior to the start of construction and supplemented as necessary throughout the project. This data is being provided for informational purposes only and does not relieve the contractor of any obligations for compliance with applicable OSHA and State laws regarding hazardous chemicals and right -to -know. S -4 INSURANCE. A. CERTIFICATE OF INSURANCE• CANCELLATION OR MODIFICATION Before commencing work, the Contractor shall submit to the City for approval a Certificate of Insurance, meeting the requirements specified herein, to be in effect for the full contract period. The name, address and phone number of the insurance company and agent must accompany the certificate. The liability limits required hereunder must apply to this Project only. 2. The Contractor shall notify the City in writing at least thirty (30) calendar days prior to any change or cancellation of said policy or policies. 3. Cancellation or modification of said policy or policies shall be considered just cause for the City of Iowa City to immediately cancel the contract and /or to halt work on the contract, and to withhold payment for any work performed on the contract. B. MINIMUM COVERAGE Any policy or policies of insurance purchased by the Contractor to satisfy his /her responsibilities under this contract shall include contractual liability coverage, and shall be in the following type and minimum amounts: Type of Coverage Comprehensive General Liability Each Occurrence Aggregate Bodily Injury & Property Damage* $1,000,000 $2,000,000 Automobile Liability Combined Single Limit SUPPLEMENTAL REGULATIONS SC-2 Bodily Injury & Property Damage $1,000,000 Excess Liability $1,000,000 $1,000,000' Worker's Compensation Insurance as required by Chapter 85, Code of Iowa, `Property Damage liability insurance must provide explosion, collaps6_aA g40ergJ5und coverage when determined by City to be applicable. The City requires that the Contractor's Insurance carrier be A rated or better by A,M. Best. `f In addition, the Contractor shall be required to comply with the following provisions with respect to insurance coverage: The entire amount of Contractor's liability insurance policy coverage limits, identified in the policy and on the Certificate of Insurance, must, under the policy, be available to pay damages for which the insured Contractor becomes liable, or for which the insured assumes liability under the indemnity agreement herein contained, and such coverage amount shall not be subject to reduction by virtue of investigation or defense costs incurred by Contractor's insurer. 2. The entire amount of the Contractor's liability insurance policy coverage limits shall be payable by the Contractor's insurer, with no deductible to be paid by, or self- insured retention to be attributed to, the Contractor unless this requirement is waived by the City. Contractor's Certificate of Insurance must set forth the nature and amount of any such deductible or self- insured retention. 3. If Contractor's liability insurance coverage is subject to any special exclusions or limitations not common to the type of coverage being provided, such exclusions or limitations shall be noted on the Certificate of Insurance. 4. The City prefers that Contractor provide it with "occurrence form" liability insurance coverage. If Contractor can only provide "claims- made" insurance coverage, then the Contractor must comply with the following requirements: a. If the Contractor changes insurance carriers, or if Contractor's insurance coverage is canceled, during the contract period or within two years after City's acceptance of the work, Contractor agrees to immediately notify the City of such event. b. If Contractor's insurance is canceled or is allowed to lapse during said period, Contractor shall be required to obtain replacement insurance coverage to fulfill its obligation hereunder. C. If, during said period, Contractor voluntarily changes insurance carriers or is required to obtain replacement coverage from another carrier, Contractor shall either (1) purchase "tail" coverage from its first carrier effective for a minimum of two years after City Council acceptance of the work, or (2) purchase "prior acts" insurance coverage from its new carrier, covering prior acts during the period of this Contract from and after its inception. SUPPLEMENTAL REGULATIONS SC - 3 d. "Tail" or "prior acts" coverage so provided shall have the same coverage, with the same limits, as the insurance specified in this Contract, and shall not be subject to any further limitations or exclusions, or have a higher deductible or self- insured retention than the insurance which it replaces. 5. The City reserves the right to waive any of the insurance requirements herein provided. The City also reserves the right to reject Contractor's insurance if not in compliance with the requirements herein provided, and on that basis to either award the contract to the next low bidder, or declare a default and pursue any and all remedies available to the City. 6. In the event that any of the policies of insurance or insurance coverage identified on Contractor's Certificate of Insurance are canceled or modified, or in the event that Contractor incurs liability losses, either due to activities under this Contract, or due to other activities not under this Contract but covered by the same insurance, and such losses reduce the aggregate limits of Contractor's liability insurance below the limits required hereunder, then in that event the City may in its discretion either suspend Contractor's operations or activities under this Contract, or terminate this Contract, and withhold payment for work performed on the Contract r 7. In the event that any of the policies or insurance coverage identified .on'Cpntractc}'s Certificate of Insurance are canceled or modified, the City may in its-disardtion either suspend Contractor's operations or activities under this Contractoor' to minatd this Contract, and withhold payment for work performed on the Contract_, ' C. HOLD HARMLESS 1. The Contractor shall indemnify, defend and hold harmless the City of Iowa `City and its officers, employees, and agents from any and all liability, loss, cost, damage, and expense (including reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of any claims, actions, or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operations under this Contract, whether such operations be by himself or herself or by any Subcontractor or by anyone directly or indirectly employed by either of them. 2. Contractor is not, and shall not be deemed to be, an agent or employee of the City of Iowa City, Iowa. S -5 CONCERNING SUBCONTRACTORS, SUPPLIERS AND OTHERS. Add the following paragraph to section 1080, paragraph 1.01 of the Iowa Statewide Urban Specifications for Public Improvements Manual: Bidders shall list those persons, firms, companies or other parties to whom it proposes /intends to enter into a subcontract regarding this project as required for approval by the City and as noted on the Form of Proposal and the Agreement. SUPPLEMENTAL REGULATIONS SC - 4 If no minority business enterprises (MBE) are utilized, the CONTRACTOR shall furnish documentation of all efforts to recruit MBE's. S -6 SUPERVISION AND SUPERINTENDENCE. Add the following to section 1080, paragraph 1.10 of the Iowa Statewide Urban Specifications for Public Improvements Manual: CONTRACTOR shall maintain a qualified and responsible person available 24 hours per day, seven days per week to respond to emergencies which may occur after hours. CONTRACTOR shall provide to ENGINEER the phone number and /or paging servcce of this individual. - m S-7 EMPLOYMENT PRACTICES. ry Neither the Contractor nor his /her subcontractors, shall employ any person whose physical mental condition is such that his /her employment will endanger the health and safety of therm selves or others employed on the project. Contractor shall not commit any of the following employment practices and agrees to include the following clauses in any subcontracts: To discriminate against any individual in terms, conditions, or privileges of employment because of sex, race, color, religion, national origin, sexual orientation, gender identity, marital status, age or disability unless such disability is related to job performance of such person or employee. To discharge from employment or refuse to hire any individual because of sex, race, color, religion, national origin, sexual orientation, gender identity, marital status, age, or disability unless such disability is related to job performance of such person or employee. S -8 CONTRACT COMPLIANCE PROGRAM (ANTI- DISCRIMINATION REQUIREMENTS). For all contracts of $25,000 or more, the Contractor shall abide by the requirements of the City's Contract Compliance Program, which is included with these Specifications beginning on page CC -1. S -9 MEASUREMENT AND PAYMENT. Section 01025, Measurement and Payment, contained in Part 1 of these specifications defines all pay items and methods of measurement. The provisions of this section will supersede applicable sections in the Iowa Statewide Urban Specifications for Public Improvements Manual. S -10 TAXES. Contractors and approved Subcontractors will be provided a Sales Tax Exemption Certificate to purchase building materials, supplies, or equipment in the performance of the contract. The Contractor shall submit the information necessary for the certificates to be issued. SUPPLEMENTAL REGULATIONS SC-6 S -11 RESTRICTION ON NON - RESIDENT BIDDING ON NON - FEDERAL -AID PROJECTS. The Contractor awarded the project together with all Subcontractors shall be required to complete the form included with these specifications (and titled the same as this section) and submit it to the Engineer before work can begin on the project. w r- <_n SUPPLEMENTAL REGULATIONS SC -6 RESTRICTION ON NON -RI. SIDENT BIDDING ON NON - FEDERAL -AID PROJECTS N PROJECT NAME: - _ _ ri TYPE OF WORK: DATE OF LETTING: -o J A resident bidder shall be allowed a preference as against a non - resident bidder from �. State or foreign country which gives or requires a preference to bidders from that state or foreign country. That preference is equal to the preference given or required by the state or foreign country in which the non - resident bidder is a resident. 'Resident bidder" is defined as a person authorized to transact business in this state and having a place of business within the state, and has conducted business for at least six months prior to the first advertisement for the public improvement. In the case of a corporation, the above requirements apply as well as the requirement that the corporation have at least fifty percent of its common stock owned by residents of this state. This qualification as resident bidder shall be maintained by the bidder and his /her contractors and subcontractors at the work site until the project is completed. I hereby certify that the undersigned is a resident bidder as defined above and will remain such from the start of the project until its completion. • uC�Z I�17T� ►' /i• = CORPORATE OFFICER: TITLE: DATE: RESTRICTION ON NON - RESIDENT BIDDING ON R-1 NON - FEDERAL -AID PROJECTS A. Work completed under the contract shall be measured by the Engineer. Payment will be based on the actual quantity of work performed according to the various classes of work specified unless noted in Part 3 of this Section. The Contractor will be given an opportunity to be present during measurement. 1.03 SCOPE OF PAYMENT: A. The Contractor shall accept the compensation as herein provided as full payment for furnishing materials, labor, tools and equipment and for performing work under the contract; also, for costs arising from the action of the elements, or from any unforeseen difficulties which may be encountered during the execution of the work and up to the time of acceptance. B. Construction items may be bid as a lump sum or as itemized work, which will be paid on a unit cost basis. In either case, some work may be required for which a separate pay item is not provided. Completion of this work is required. If a separate pay item is not provided for this work, it is to be considered incidental to the project and no separate payment will be made. PART 2- PRODUCTS 2.01 NONE PART 3 - EXECUTION 3.01 PROCEDURE: A. Payment under this contract shall occur no more than once per month for work completed by the Contractor. Payment is based on an estimate of the total amount and value of work completed minus 5% retainage. It is not the City's policy to pay for materials and equipment stored or furnishings fabricated off site. The 5% retainage will be released 30 days after the project is accepted by the City Council. This is provided that no claims against the project have been filed within 30 days of project acceptance. Chapter 38 of the Code of Iowa will govern the release of retainage and resolution of claims. 01025-1 0 SECTION 01025 MEASUREMENT AND PAYMENT PART 1 GENERAL1= r 1.01 SUMMARY: `J1 A. Procedures and submittal requirements for schedule of values, applications for payment, and unit prices. 1.02 STANDARD OF MEASUREMENTS: A. Work completed under the contract shall be measured by the Engineer. Payment will be based on the actual quantity of work performed according to the various classes of work specified unless noted in Part 3 of this Section. The Contractor will be given an opportunity to be present during measurement. 1.03 SCOPE OF PAYMENT: A. The Contractor shall accept the compensation as herein provided as full payment for furnishing materials, labor, tools and equipment and for performing work under the contract; also, for costs arising from the action of the elements, or from any unforeseen difficulties which may be encountered during the execution of the work and up to the time of acceptance. B. Construction items may be bid as a lump sum or as itemized work, which will be paid on a unit cost basis. In either case, some work may be required for which a separate pay item is not provided. Completion of this work is required. If a separate pay item is not provided for this work, it is to be considered incidental to the project and no separate payment will be made. PART 2- PRODUCTS 2.01 NONE PART 3 - EXECUTION 3.01 PROCEDURE: A. Payment under this contract shall occur no more than once per month for work completed by the Contractor. Payment is based on an estimate of the total amount and value of work completed minus 5% retainage. It is not the City's policy to pay for materials and equipment stored or furnishings fabricated off site. The 5% retainage will be released 30 days after the project is accepted by the City Council. This is provided that no claims against the project have been filed within 30 days of project acceptance. Chapter 38 of the Code of Iowa will govern the release of retainage and resolution of claims. 01025-1 3.02 BID ITEMS: (Refer to estimate reference information on plans). END OF SECTION 01025 01025 -2 ra n i 4' N O SECTION 01090 i> �- REFERENCE STANDARDS ?` v Fn PART IGENERAL t` r 1.01 GENERAL A. Titles of Sections and Paragraphs: Captions accompanying specification sections and paragraphs are for convenience of reference only, and do not form a part of the Specifications. B. Applicable Publications: Whenever in these Specifications references are made to published specifications, codes, standards, or other requirements, it shall be understood that wherever no date is specified, only the latest specifications, standards, or requirements of the respective issuing agencies which have been published as of the date that the Work is advertised for bids, shall apply; except to the extent that said standards or requirements may be in conflict with applicable laws, ordinances, or governing codes. No requirements set forth herein or shown on the Drawings shall be waived because of any provision of, or omission from, said standards or requirements. C. Specialists, Assignments: In certain instances, specification text requires (or implies) that specific work is to be assigned to specialists or expert entities, who must be engaged for the performance of that work. Such assignments shall be recognized as special requirements over which the Contractor has no choice or option. These requirements shall not be interpreted so as to conflict with the enforcement of building codes and similar regulations governing the Work; also they are not intended to interfere with local union jurisdiction settlements and similar conventions. Such assignments are intended to establish which party or entity involved in a specific unit of work is recognized as "expert" for the indicated construction processes or operations. Nevertheless, the final responsibility for fulfillment of the entire set of contract requirements remains with the Contractor. 1.02 REFERENCE SPECIFICATIONS, CODES, AND STANDARDS A. Without limiting the generality of other requirements of the Specifications, all work specified herein shall conform to or exceed the requirements of applicable codes and the applicable requirements of the following documents. 1. American Association of State Highway and Transportation Officials (AASHTO). 2. American Concrete Institute (ACI). 3. American Society for Testing Materials (ASTM). 4. Iowa Department of Transportation Standard Specifications (IDOT) and current Supplemental Specifications 5. American National Standards Institute (ANSI). 6. American Water Works Association (AWWA). 7. American Welding Society (AWS). 8. Federal Specifications (FS). 9. National Electrical Safety Code (NESC). 10. Iowa Occupational Safety and Health Act of 1972 (IOSHA). 01090-1 11. Manual of Accident Prevention in Construction by Associated General Q9ptrac[ $ of America, Inc. (AGC). y i 12. American Disabilities Act (ADA). 13. Standards and Codes of the State of Iowa and the Ordinances of the Cfty of I City, Iowa. 14. Other Standards and Codes which may be applicable to acceptable standardkpl the industry for equipment, materials, and installation under the contract. B. In case of conflict between codes, reference standards, drawings and the other Contract Documents, the most stringent requirements shall govern. All conflicts shall be brought to the attention of the Engineer for clarification and directions prior to ordering or providing any materials or furnishing labor. The Contractor shall bid for the most stringent requirements. C. The Contractor shall construct the Work specified herein in accordance with the requirements of the Contract Documents and the referenced portions of those referenced codes, standards, and specifications listed herein. D. References herein to "OSHA Regulations for Construction" shall mean Title 29, Part 1926, Construction Safety and Health Regulations, Code of Federal Regulations (OSHA), including all changes and amendments thereto. E. References herein to "OSHA Standards" shall mean Title 29, Part 1910, Occupational Safety and Health Standards, Code of Federal Regulations (OSHA), including all changes and amendments thereto. 1.03 REGULATIONS RELATED TO HAZARDOUS MATERIALS A. The Contractor is responsible that all work included in the Contract Documents, regardless if shown or not, shall comply with all EPA, OSHA, RCRA, NFPA, and any other Federal, State, and Local Regulations governing the storage and conveyance of hazardous materials, including petroleum products. B. Where no specific regulations exist, all chemical, hazardous, and petroleum product piping and storage in underground locations must be installed with double containment piping and tanks, or in separate concrete trenches and vaults, or with an approved lining which cannot be penetrated by the chemicals, unless waived in writing by the Owner. PART 2- PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01090 01090-2 N O SECTION 01310 _ PROGRESS AND SCHEDULES PART1- GENERAL 1.01 SUMMARY: A. Prepare, submit and update as necessary a schedule of the work. B. Time is of the essence. Minimizing inconvenience, disruption and duration of disruption to residences and businesses is a high priority. Scheduling of work shall be planned with this in mind. 1.02 SUBMITTALS: A. The Contractor shall submit prior to the Pre - Construction meeting a detailed schedule of the proposed work with the controlling operation identified. The schedule shall include proposed dates and durations of street closings. Work may not begin until the schedule is approved by the Engineer. B. The Contractor shall submit updated construction schedules at two week intervals throughout the project. PART2- PRODUCTS None. PART 3 - EXECUTION 3.01 MEETINGS PRIOR TO CONSTRUCTION: A. A Pre - Construction meeting will be held prior to beginning work. 3.02 PROGRESS OF WORK: A. Calendar Days for Completion Date and Final Payment 1. Work will be completed and ready for final payment within 208 Calendar Days, in accordance with the General Conditions. 2. Calendar Day count shall start on October 31 s`, 2011 and continue thru the completion of all work, excluding permanent seeding. Upon the completion of all work (excluding permanent seeding), Calendar Day count shall be suspended thru March 31, 2012. Calendar Day count shall resume on April 1 2012 and continue until seeding operations are complete. 01310 -1 N t m —f� B. Dates for Milestones cr _in N ter- 1. In addition to the final completion times, there are milestones Eby wfiibh cartalin work items must be completed. t� Milestone1: Project Completion December 31, 20 1 (Excluding Permanent Seeding) Milestone 2: Final Seeding May 25, 2012 C. Liquidated Damages Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in paragraph 3.02A above, plus any extensions thereof allowed in accordance with the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $800 for each day that expires after the time specified in paragraph 3.02A until the Work is complete and ready for final payment. 2. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Milestone Work is not completed by the Milestone dates specified in paragraph 3.02B above, plus any extensions thereof allowed in accordance with the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Milestone Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $800 for each day that expires after the time specified in paragraph 3.02B until the Milestone Work is complete. 3. Separate sums of liquidated damages which will be assessed for each of the conditions described hereinbefore, and they shall be cumulative if multiple conditions have not been satisfied. D. No work shall be done between the hours of 10:00 p.m. and 7:00 a.m. without the approval of the Engineer, with the exception of saw cutting freshly poured concrete. F. Work will proceed in a well organized and continuous manner to minimize the disruption to the general public (both pedestrian and vehicular) and the local businesses and residents. Access to businesses and residences shall be maintained at all times. G. Construction will proceed in phases. The particular phasing sequence is outlined in the project plans. Prior to advancing to the next phase or sub - phase, the 01310-2 N O existing phase or sub -phase shall be sufficiently complete to allow redpenfhg to the public, as determined by the Engineer. ai H. Restoration activities such as pavement replacement will follow closely behind they work even if multiple mobilizations are necessary. I. The Contractor will become an active partner with the City in communicating with and providing information to concerned residents and businesses. 3.03 COORDINATION WITH UTILITIES: A. It is anticipated that utility conflicts will occur which cannot be taken care of ahead of time. The Contractor shall work closely with the utility companies to aid in these relocations to keep the project on schedule. END OF SECTION 01310 01310-3 SECTION 01570 TRAFFIC CONTROL AND CONSTRUCTION FACILITIES PART 1- GENERAL ? N 1.01 SUMMARY: ry A. Furnish, install and maintain traffic control and construction facilities reguirenff r the work. Remove when work is completed. 1.02 REFERENCES: A. [DOT Standard Specifications. B. U.S. Department of Transportation Federal Highway Administration "Manual on Uniform Traffic Control Devices for Streets and Highways," 2009 Edition, as revised. C. Traffic Control Notes on project plans. 1.03 SUBMITTALS: A. Submit a traffic control plan for all activities requiring traffic control not specifically addressed by the project plans. PART 2- PRODUCTS 2.01 MATERIALS: A. Traffic control devices may be new or used, but must meet the requirements of the IDOT Standard Specifications. B. All construction fence shall be new and securely fastened to approved posts and installed as directed by the Engineer. 2.02 EQUIPMENT. A. Portable generators may not be used to power traffic control devices within 300 feet of residential dwellings, including apartments, between the hours of 10:00 p.m. and 7:00 a.m. PART 3 - EXECUTION 3.01 TECHNIQUES: A. Except as amended in this document, the work in this section will conform with the following divisions and sections of the IDOT Standard Specifications: Division 11. General Requirements and Covenants. Section 1107.09. Barricades and Warning Signs. 01570-1 A. All excavations shall be fenced. 3.05 ADDITIONAL FACILITIES: A. All signs, barricades and fences within and beyond the project area deemed appropriate by the Engineer shall be the responsibility of the Contractor. END OF SECTION 01570 01570-2 N O rn0 Division 25. Miscellaneous Construction. y. --I -) = c•v Section 2528. Traffic Control. ry 3.02 MAINTENANCE OF FACILITIES: A. The Contractor shall monitor the condition of traffic control and construction facilities at all times, including non -work hours. Repair, replace and maintain as necessary. B. Pedestrian access to homes and businesses shall be maintained at all times. Temporary gravel surfaces shall be provided as directed by the Engineer. 3.04 EXCAVATIONS: A. All excavations shall be fenced. 3.05 ADDITIONAL FACILITIES: A. All signs, barricades and fences within and beyond the project area deemed appropriate by the Engineer shall be the responsibility of the Contractor. 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LT6 ©} H 7 7 e9002! mm _ 9. - }114H\ (t \ , \® \ _ / \ \ \ /�/ / / \ 3� 3 Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240,(319)356-5410 RESOLUTION NO. 11-27i RESOLUTION SETTING A PUBLIC HEARING ON SEPTEMBER 20, 2011 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF PHASE I OF THE FIRST AVENUE STORM SEWER IMPROVEMENTS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. WHEREAS, funds for this project are available in the First Avenue Storm Sewer Improvements account #3626. 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 20th day of September, 2011, 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 6th day of September , 20_j-L_. A 9 MAYOR Approved by ATTEST:�2� /�JL�i k'u�ti nn� mvzP;� CITY-CLERK V City Attorney's Office8ly5�(I pwenglres(1 stavessimprove- setph.doc 8111 Resolution No. 11 -273 Page 2 It was moved by Bailey and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: x x x x x- x x wpdatarglossary/resol Won -le. do NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright i" Prepared by: Jason Havel, 410 E. Washington St., Iowa City, IA 52240 319- 356 -5410 RESOLUTION NO. 11-299 RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE FIRST AVENUE STORM SEWER IMPROVEMENTS PROJECT. WHEREAS, the City of Iowa City desires to construct the First Avenue Storm Sewer Improvements Project ('Project') which includes the installation of new storm sewer and the removal and replacement of pavement; and WHEREAS, the Project will be constructed in two phases, with Phase I including improvements to the open ditch behind the mini -mall at 1705 First Avenue and Phase 2 including improvements between Phase 1 and the Procter and Gamble site east of First Avenue; and WHEREAS, the City Council has determined that construction of the Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessary to construct, operate and maintain the proposed project; and WHEREAS, the City staff has determined the location of the proposed Project; and WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall price to the City; and WHEREAS, funds for this project are available in the First Avenue Storm Sewer Improvements account #3626. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council finds that it is in the public interest to acquire property rights by warranty deed, quit -claim deed, and /or easement for the construction of the First Avenue Storm Sewer Improvements Project ('Project') which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. 2. The City Manager or designee is hereby authorized and directed to negotiate the purchase of property rights by warranty deed, quit -claim deed and /or easement for the construction, operation and maintenance of the Project. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and /or easements, and offers to purchase property and /or easements. 3. The City Manager or designee, in consultation with the City Attorneys Office, is authorized and directed to establish, on behalf of City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for the established fair market value. 4. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute and attest easement agreements and agreements in lieu of condemnation. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 5. In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Resolution No. 11-999 Page 2 Passed and approved this 6th day of September , 20_LL_, Approved by ATTEST:l/li�Lu� CITY CtERK City Attorney's Office g as lr It was moved by Wilburn and seconded by trims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey —x— Champion x Dickens x Hayek x Mims x Wilburn x Wright pwenglreslacq -propl stAveSlormSew.do Publish 9/12 NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR PHASE 1 OF THE 1STAVENUE STORM SEWER IMPROVEMENTS 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 I" Avenue Storm Sewer Improvements Project in said city at 7:00 p.m. on the 20th day of September, 2011, 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 NOTICE TO BIDDERS 1s' Avenue Storm Sewer Improvements Project Phase 1 Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 PM. on the 13th day of October, 2011. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 18th day of October, 2011, or at special meeting called for that purpose. The Project will involve the following: The construction of storm sewer improvements along the north side of 15' Avenue from 200 feet east of Lower Muscatine Road to 800 feet west of Mall Drive. Project includes all materials, labor and equipment necessary for the completion of the project. Approximate project quantities include: 875 CY of excavation, 1,142 SY of 6" PCC parking lot pavement, 420 LF of 7 f x 3 ft reinforced concrete box culvert, pavement markings, erosion control, seeding, and miscellaneous related work. All work is to be done in strict compliance with the plans and specifications prepared by Foth Infrastructure and Environment, LLC, of Cedar Rapids, Iowa, which have heretofore been approved by the City Council, and are on file for public exami- nation in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidderfails to enter into a contractwithin ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100°/x) of the contract price, said bond to be issued by a responsible surety approved by the City, and AF -I shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Start Date: October 315` 2011 Completion Date: May 25 20 2 Liquidated Damages: `b800.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the office of the City Engineer of Iowa City 410 East Washington Street, Iowa City, Iowa 52240, by bona fide bidders. A $35.00 refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to: Treasurer of the City of Iowa City, Iowa. A refund will be issued if re- useable plans and specifications are returned to the City of Iowa City within 14 days of the project award date. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242 -4721 and the Iowa Department of Transportation Contracts Office at (515) 239 -1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF -2 P ) Prepared by: Jason Havel, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5140 RESOLUTION NO. 11 -311 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF PHASE I OF THE FIRST AVENUE STORM SEWER IMPROVEMENTS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above -named project was published as required by law, and the hearing thereon held; and WHEREAS, funds for this project are available in the First Avenue Storm Sewer Improvements account # 3626. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above -named project are hereby approved. The amount of bid security to accompany each bid for the construction of the above - named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above -named project in a newspaper published at least once weekly and having a general circulation in the city. Sealed bids for the above -named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 2:30 p.m. on the 13th day of October, 2011. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 18th day of October, 2011, or at a special meeting called for that purpose. Passed and approved this 20th day of September 20 11 ATTEST:_ Yf `i ,. 4J CITY LERK prong/ res/ appp &sistAveStormSe�wfPhasel.doc 9/11 �s- 4 MAYOR Approved by ✓City Attorney's Office 1/j f Resolution No. 11 -311 Page 2 It was moved by Wright and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: x x x _ x x x x wpdata/glossaryhesoldon- ic.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5410 RESOLUTION NO. 11 -339 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF PHASE 1 OF THE FIRST AVENUE STORM SEWER IMPROVEMENTS PROJECT. WHEREAS, Sulzberger Excavating, Inc. of Muscatine, Iowa, has submitted the lowest responsible bid of $281,967.00 for construction of the above -named project; and WHEREAS, funds for this project are available in the First Avenue Storm Sewer Improvements account #3626. 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 Sulzberger Excavating, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above -named project, subject to the condition that awardee secure adequate performance and payment, bond, insurance certificates, and contract compliance program statements. 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 18th day of October _'2011 ATTEST: Aa � ` <' - `7Y,L%Ii1J CIT -CLERK � n MAYOR Approved by City Attorneys Officeir It was moved by Wilburn and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: x —X —X X X pwengVes/l stavestormsvr- awrdcon.doc 10/11 NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright PERFORMANCE AND PAYMENT BOND Bond No. 0132686 insert the name and address or legal title of the Contractor) !LE 2011 NOV - I PI 3: 35 as CITY CLE M, 10VIA CITY, Principal, hereinafter called the Contractor and Berkley Regional Insurance company Urbandale, Iowa as Surety, hereinafter (Here insert the legal title of the Surety) called the Surety, are held and firmly bound unto the City of Iowa City, Iowa, as obligee, hereinafter called the Owner, in the amount of two hundred eighty one thousand nine hundred sixty seven and zero hundredth dollars ($281,967.00) for the payment for which Contractor and Surety hereby bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has, as of October 18, 2011 entered into a (date) written Agreement with Owner for the I" Avenue Storm Sewer Improvements — Phase 1; and WHEREAS, the Agreement requires execution of this Performance and Payment Bond, to be completed by Contractor, in accordance with plans and specifications prepared by the City of Iowa City, which Agreement is by reference made a part hereof, and the agreed -upon work is hereafter referred to as the Project. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Agreement, then the obligation of this bond shall be null and void; otherwise it shall remain in full force and effect until satisfactory completion of the Project. A. The Surety hereby waives notice of any alteration or extension of time made by the Owner. B. Whenever Contractor shall be, and is declared by Owner to be, in default under the Agreement, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Project in accordance with the terms and conditions of the Agreement, or 2. Obtain a bid or bids for submission to Owner for completing the Project in accordance with the terms and conditions of the Agreement; and upon determination by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available, as work progresses (even though there may be a default or a succession of defaults under the Agreement or subsequent contracts of completion arranged under this paragraph), sufficient funds to pay the cost of completion, less the balance of the Contract Price, but not exceeding the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Agreement, together with any addenda and /or amendments thereto, less the amount properly paid by Owner to Contractor. PERFORMANCE AND PAYMENT BOND PB- 1 C. The Contractor and Contractor's Surety shall be obligated to keep the improvements covered by this bond in good repair for a period of five (5) years from the date of formal acceptance of the improvements by the Owner. D. No right of action shall accrue to or for the use of any person, corporation or third party other than the Owner named herein or the heirs, executors, administrators or successors of Owner. IT IS A FURTHER CONDITION OF THIS OBLIGATION that the Principal and Surety, in accordance with provisions of Chapter 573, Code of Iowa, shall pay to all persons, firms or corporations having contracts directly with the Principal, including any of Principal's subcontractors, all claims due them for labor performed or materials furnished in the performance of the Agreement for whose benefit this bond is given. The provisions of Chapter 573, Code of Iowa, are a part of this bond to the same extent as if it were expressly set out herein. SIGNED AND SEALED THIS IN THE PRESENCE OF: 18 DAY OF October W' ess 2011 Sulzberger Excavating, Inc. (Principal) 'k/ (Title) Berkley Regional Insurance Company (Surety) �l L� (Title) Jeff R. Miller, Attorney -in -Fact 100 West 2nd Street,Muscatine, IA (Address) PERFORMANCE AND PAYMENT BOND PB- 2 No. 3116 j" POWER OF ATTORNEY BERKLEY REGIONAL INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Urbandale, Iowa, has made, constituted and appointed, and does by these presents make, constitute and appoint: Michael Harrison, Jeff Miller, Julie Brockert or Cheryl Harless of Miller & Harrison, Inn. dha Miller & Harrison Insurance of Muscatine, IA its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Five Million and 00 /100 Dollars ($5,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21, 2000: "RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and further RESOLVED, that 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 obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued." IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this Qciday of 008. Attest: Berkley R nalInsurangeCompany (Seal) By �� �, By Ira S. Lederman Robert P. Cole Senior Vice President & Secretary Senior Vice President WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE " BERKLEY" SECURITY PAPER. STATE OF CONNECTICUT) ss: COUNTY OF FAIRFIELD ) `Sworn to before me, a Notary Public in the State of Connecticut, this a5 day of �u� 2008, by Robert P. Cole and Ira S. Lederman who are sworn to me to be the Senior Vice President, and the Senior ice President and Secretary, respectively, of Berkley Regional Companyt KILLEEN � A- NOTARYPUBUC ` A?--27 , ' Z MYCQMMIS$IQN EXPIRES JUNE 30 ,41112 Notary Public, State of Connecticut CERTIFICATE -A, the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the ',foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in fill force and effect as of this e. Given under my hand and seal of the Company, this _ day of (Seal) / John F. Beers Printer's Fee $ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN D #42- 0330670 ([nFED.I being duly sworn, say that I a211 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): i .a.6* Legal C er Subscribed and sworn to before n1e th s C2 UP-day of A.D.20_JJ_. Notary Public LINDA KR" Apr,te s CommissionNumbe{73261 ` mycommissonExpires January .27,2018 Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 PM. on the 13th day of October, 2011. Sealed Proposals will be opened immedi- ately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 18th day of October, 2011, or at special meeting called for that purpose. The Project will involve the follow- ing: The construction of storm sewer Improvements along the north side of 1st Avenue from 200 feet east of Lower Muscatine Road to 800 feet west of Mail Drive. Project includes all materials, labor and equipment necessary for the completion of the Project. Approximate project quan- tities include:875 CY of excavation, 1,142 SY of 6" PCC parking lot pavement, 420 LF of 7 ft x 3 ft reinforced concrete box culvert, pavement markings, erosion con- trol, seeding, and miscellaneous related work. All work is to be done in strict compliance with the plans and specifications prepared by Faith Infrastructure and Environment, LLC, of Cedar Rapids, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety In the State of Iowa, In the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful perfor- mance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the low- est two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred per- cent (100 %) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the Prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or Indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall . apply to this Project Specified Start Date: October 31st 2011 Completion Date: May 25th. 2012 Liquidated Damages: S800.00 as day The plans, specifications and pro- posed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the office of the City Engineer of Iowa City 410 East Washington Street, Iowa City, Iowa 52240, by bona fide bidders. A $35.00 refundable fee Is required for each set of plans and specifications provided to bidders or other Interested persons. The fee shall be in the form of a check, made payable to: Treasurer of the City of Iowa City, Iowa. A refund will be Issued It re- useable plans and specifications are returned to the City of Iowa City within 14 days of the project award date. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242 -4721 and the Iowa Department of Transportation Contracts Office at (515) 239 -1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the can- (real shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extend- ed dollar amounts. By virtue of statutory authority, preference must be given to prod- ucts and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder prefer- ence law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive techni- calities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK Pc 15s September 26, 2011 �Pa J 5d(9) Prepared by: Jason Havel, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5410 RESOLUTION NO. 13 -155 RESOLUTION ACCEPTING THE WORK FOR PHASE 1 OF THE FIRST AVENUE STORM SEWER IMPROVEMENTS PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of Phase 1 of the First Avenue Storm Sewer Improvements Project, as included in a contract between the City of Iowa City and Sulzberger Excavating Inc. of Muscatine, Iowa, dated October 19, 2011, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the First Avenue Storm Sewer Improvements account # 3626; and WHEREAS, the final contract price is $441,566.26. 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 14th day of May , 2013 ATTEST: - - y".Z4M/ C Y tERK i� MAYOR Approved by /AA.14 City Attorney's Office 5-/3/t3 It was moved by Throgmorton and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES x X X X X x Pweng /masters /aeptwork. dM 5113 NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton