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Prepared by: Tammy Neumann, Parks & Recreation, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5210
RESOLUTION NO. 10 -515
RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND
BETWEEN THE CITY OF IOWA CITY AND MMS CONSULTANTS INC. OF
IOWA CITY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR
COURT HILL TRAIL PHASE 3 OF 3 FROM SCOTT BOULEVARD EAST TO
WINDSOR RIDGE.
WHEREAS, the City of Iowa City was awarded a grant by the Iowa Department of Transportation
to construct a trail as an extension of the Court Hill trail project; and
WHEREAS, the City of Iowa City desires the services of a consulting firm to prepare preliminary
and final design drawings and specification for bidding and construction of the Court Hill Trail
Phase 3 of 3 from Scott Boulevard east to Windsor Ridge; and
WHEREAS, the City of Iowa City has negotiated an agreement for said consulting services with
MMS Consultants, Inc., to provide said services; and
WHEREAS, it is in the public interest to enter into said Consultant Agreement with MMS
Consultants, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE. CITY OF IOWA
CITY, IOWA THAT:
1. The Consultant Agreement attached hereto is in the public interest, and is approved as
to form and content.
2. The Mayor and the City Clerk are hereby authorized and directed to execute the
attached Consultant Agreement.
Passed and approved this 7th day of December 2010.
MAYOR
ATTEST:
CITYttERK
It was moved by Wilburn and seconded by
adopted, and upon roll call there were:
Approved by / // /
/O1z�in,t Z f�klao-.J
City Attorney's Office / l 3 d I L)
Dickens the Resolution be
AYES:
NAYS: ABSENT:
X
Bailey
X
Champion
X
Correia
X
Hayek
X
O'Donnell
X
Wilburn
X
Wright
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this 7th day of December, 2010, by and
between the City of Iowa City, a municipal corporation, hereinafter referred to as the City
and MMS Consultants, Inc., of Iowa City, Iowa, hereinafter referred to as the Consultant.
Whereas the City requests assistance with preparation of plans and specifications for
Court Hill Trail — Phase 3 of 3 from Scott Boulevard east to Windsor Ridge.
NOW THEREFORE, it is agreed by and between the partied hereto that the City does
now contract with the Consultant to provide services as set forth herein.
I. SCOPE OF SRRVICFS
Consultant agrees to perform the following services for the City, and to do so in a timely
and satisfactory manner. All phases of services will include the necessary work for
compliance with Iowa Department of Transportation (Iowa DOT) State Recreational
Trails Program funding requirements.
Concept Statement
The Consultant, with input from City staff, shall prepare the project conceptual
layout and prepare the Iowa DOT Concept Statement for Local Systems Federal -
Aid projects.
Design Development Phase
A. Design Surveys
The Consultant shall perform surveys as necessary to prepare strip topography
along the project route.
B. Base Map Preparation
■ Base snaps to facilitate the trail design will be prepared from the topographic
survey information. The maps will be prepared along the proposed alignment
and will include existing topography features, right -of -way and easement
lines, buried utilities based on field locates, and above - ground surface features
affected by the proposed construction.
Collect field data. This includes, but is not limited to a topographic survey
with all applicable features identified. Both surface and below - surface
elements shall be surveyed for the project area.
■ Coordinate with Utilities. This includes making a One -Call for utility locates
and including these utilities in the plan set.
C. Preliminary Design
Based on approved design concept plan, prepare a geometric
layout plan of the proposed trail.
2. Prepare horizontal and vertical alignments to be used as the basis
for final design.
Identify final design constraints for phased construction and review
construction phasing plan as necessary to coordinate with access
and construction.
4. Prepare anticipated trail project schedule and opinion of probable
construction cost.
■ Prepare preliminary plan and cost estimates for review.
Three sets of this approximately 50% complete set shall be
submitted
5. Prepare a report to the Iowa City engineer to analyze the amount of
sedimentation in the storm basin on the east side of Scott
Boulevard,
6. Prepare and submit required initial submittals to the City and Iowa
DOT for preliminary design approval.
■ Recommend an appropriate method of construction to Parks
and Recreation Department and Engineering Staff.
■ Review preliminary plan with Iowa Department of
Transportation officials.
7. Meet with City staff representatives to review preliminary project
design and obtain review comments.
■ Review preliminary plan with Parks and Recreation
Department and Engineering staff.
Construction Document Phase
A. Final Design
Determine the pavement structures including type, thickness of surfacing,
subgrade design, drainage design, typical joint designs, and related pavement
details.
B. Typical Pavement Sections
The final design typical pavement sections will be developed for the project.
These sections will show the pavement section, subgrade and grading
requirements.
C. Final Plan and Profiles
The final design and drafting of the trail plan and profiles will be prepared on
base maps prepared for the project. This will include all detailed information
required by the Iowa DOT and shall be in accordance with SUDAS, Chapter
8, Section 2, Table 2. 1, current edition.
D. Final Design Cross- Sections
Prepare the final design of the individual cross- sections for the project. Cross -
sections will be developed at a maximum of 50 -foot intervals with additional
cross- sections included as necessary, Cross- sections will show the existing
ground as well as final grading, foreslopes, backslopes, special subgrade
treatment, and other pertinent information.
E. Final Design Plans
Layout plans and appropriate detailed design drawings showing the project
and component parts shall consist of plans, elevations, sections, and other
drawings for bidding and construction purposes. Final design and drafting of
trail plan and profile sheets will include complete detailed information for
location of existing utilities, typical cross- sections, and individual cross -
sections. Plan and profile sheets will be prepared at a 20 scale.
F. Final Storm Drainage Design
Final design and drafting of the storm drainage system, storm sewer inlets,
manholes, culverts, ditches, and other storm drainage appurtenances on the
project will be developed. The design of the storm sewer system will be
based on current Iowa DOT accepted standards and Iowa City design
standards.
G. Erosion Control
Final design and drafting of temporary and permanent erosion control
measures to be provided on the project during construction will be completed.
H. Signing and Pavement Markings
Final design and drafting of applicable trail signing and pavement markings.
I. Lighting
Lighting will be designed and included. No additional trail lighting is
included.
J. Sitting Nodes
Sitting nodes consisting of benches and appurtenances will be designed and
included. Buildings and kiosks are not included.
K. Final Design of Incidental Components.
Prepare Construction Sequence Plan,
Prepare Traffic Control Plan.
Design work considered incidental to the project and not stated herein,
necessary to construct a final completed project shall be the responsibility of
the Consultant and no additional compensation shall be provided.
L. Specifications
The Iowa DOT standard specifications for highway and bridge construction
will be utilized as the technical specifications for the project. The Iowa DOT
standard contract documents will also be utilized for this project.
Supplemental specifications and special provisions required by the project
will be prepared and incorporated with the standard documents.
M. Final Quantities
The final bid quantities will be determined and included with the project
specifications bidding form.
N. Final Cost Opinion
The final bid quantities will be determined and included with the project
specifications bidding form.
Prepare Construction Cost estimate.
O. Submittals, Reviews, and Revisions
Prepare and review 90% plans and specifications with Parks and Recreation
Department and Engineering staff. Three sets of the 90% plans shall be
submitted.
Submit plans to the City and Iowa DOT per the Iowa DOT Project
Development submittal dates (I.M. No. 3.005). Comments and revisions
resulting from this review will be incorporated into the final plans prior to
their completion.
P. Final Plan and Specification Submittal
Submit final plans, specifications, contract documents, and opinion of
probable construction costs to the City and Iowa DOT for final approval.
Prepare Construction Cost estimate.
Q. Assemble Plan Documents
Following final plan revisions, assemble title sheet, project quantities and
references sheet, location plan, pavement detail sheets, grading plan and
profile sheets, typical section and tabulation sheets, and cross- section sheets.
R. Permitting
Prepare and submit IDNR NPDES on behalf of the City of Iowa City
Iowa DNR NPDES erosion control permit application and stormwater
pollution prevention plan shall be prepared by the Consultant. Consultant
shall submit for City of Iowa City work in flood plain permit. Permits beyond
these are not anticipated for this project. Should additional permitting be
required for this project these services may be provided as additional services.
Bidding Phase
Provide reproducible drawings to the Iowa DOT for utilization in their
bidding procedure. The Consultant shall respond to questions as received and
prepare addenda as necessary.
Assist with bidding process as requested.
Recommend award of project as requested.
Construction Phase
Consultant shall attend and participate in the preconstruction meeting with
the City and Contractor prior to construction.
I. Attend and present at public meetings if required.
2. Finalize plans and specifications as bid documents including erosion
control and traffic control plan. The plans shall include, but be limited to
the following elements: New P.C.C. Recreation Trail, Scott Boulevard
Pedestrian Crossing drainage structures, predesigned Pedestrian Bridges,
access road to Rita's Ranch Dog Park, slope protection and creek channel
protection, removal and replacement of pavement as required, restoration
of existing landscaping as required, traffic control, and both typical and
special details as required and traffic signing and pavement markings.
3. Submit Final Plans to IDOT for letting.
4. Final Plan submittal shall include 3 hard copies of the plans;
specifications, and cost estimate. It shall also include electronic
submittals.
Present to City Council as requested.
6. Assist with bidding process as requested.
Recommend award of project as requested.
The following scope items are not currently part of this agreement. If authorized under a
Supplemental Agreement, the Consultant shall furnish or obtain from others the
following services
Printing and distribution of plans and specifications during the letting
process.
2. Legal boundary surveys.
3. Property acquisition assistance.
4. Construction staking.
Construction Inspection.
The City of Iowa City will provide existing planimetrics, contours, aerial photography,
standard specifications and standard details. They will also supply hard copies of
existing water, storm sewer, sanitary sewer plats, storm detention basin plans, and road
plans for the project area.
II. TIME OF COMPLETION
The Consultant shall complete the following phases of the Project in accordance with the
schedule shown.
All Scope of Services items shall be completed within 18 months from the date this
agreement is executed. Final submittal deadline shall be established per the Iowa City
Council schedule but the targeted final submittal deadline is April 29, 2011. 50% Plans
shall be submitted a minimum of 8 weeks prior to the final submittal deadline. 90%
Plans, Specifications, and Cost Estimate shall be submitted a minimum of 4 weeks prior
to the final submittal deadline. The project schedule is as follows:
1 Design Development and Construction Document Phases: November 2010 —
Apri12011
Bidding Phase: July 2011 — August 2011
Construction Phase: September 2011 — May 2012
March 2012: Signing and painting
May 2012: Final Review
III. GENERAL TERMS
A. The Consultant shall not commit any of the following employment practices and
agrees to prohibit the following practices in any subcontracts.
To discharge or refuse to hire any individual because of their race, color,
religion, sex, national origin, disability, age, marital status, gender
identity, or sexual orientation.
2. To discriminate against any individual in terms, conditions, or privileges
of employment because of their race, color, religion, sex, national origin,
disability, age, marital status, gender identity, or sexual orientation.
B. Should the City terminate this Agreement, the Consultant shall be paid for all
work and services performed up to the time of termination. However, such sums
shall not be greater than the "lump sum" amount listed in Section IV. The City
may terminate this Agreement upon seven (7) calendar days written notice to the
Consultant.
C. This Agreement shall be binding upon the successors and assigns of the parties
hereto, provided that no assignment shall be without the written consent of all
Parties to said Agreement.
D. It is understood and agreed that the retention of the Consultant by the City for the
purpose of the Project shall be as an independent contractor and shall be
exclusive, but the Consultants shall have the right to employ such assistance as
may be required for the performance of the Project.
E. It is agreed by the City that all records and files pertaining to information needed
by the Consultant for the project shall be available by said City upon reasonable
request to the Consultant. The City agrees to furnish all reasonable assistance in
the use of these records and files.
F. It is further agreed that no Party to this Agreement shall perform contrary to any
state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa.
G. At the request of the City, the Consultant shall attend meetings of the City
Council relative to the work set forth in this Agreement. Any requests made by
the City shall be given with reasonable notice to the Consultant to assure
attendance.
H. The Consultant agrees to furnish, upon termination of this Agreement and upon
demand by the City, copies of all basic notes and sketches, charts, computations,
and any other data prepared or obtained by the Consultant pursuant to this
Agreement without cost, and without restrictions or limitation as to the use
relative to specific projects covered under this Agreement. In such event, the
Consultant shall not be liable for the City's use of such documents on other
projects.
I. The Consultant agrees to furnish all reports, specifications, and drawings with the
seal of a professional engineer affixed thereto or such seal as required by Iowa
law.
The City agrees to tender the Consultant all fees in a timely manner, excepting,
however, that failure of the Consultant to satisfactorily perform in accordance
with this Agreement shall constitute grounds for the City to withhold payment of
the amount sufficient to properly complete the Project in accordance with this
Agreement.
K. Should any section of this Agreement be found invalid, it is agreed that the
remaining portion shall be deemed severable from the invalid portion and
continue in full force and effect.
L. Original contract drawings shall become the property of the City. The Consultant
shall be allowed to keep Mylar reproducible copies for the Consultant's own
filing use.
M. Fees paid for securing approval of authorities having jurisdiction over the Project
will be paid by the City.
N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the
Iowa Code prohibits a City officer or employee from having an interest in a
contract with the City, and certifies that no employee or officer of the City, which
includes members of the City Council and City boards and commissions, has an
interest, either direct or indirect, in this agreement, that does not fall within the
exceptions to said statutory provision enumerated in Section 362.5
O. The Consultant agrees at all times material to this Agreement to have and
maintain professional liability insurance covering the Consultant's liability for the
Consultant's negligent acts, errors and omissions to the City in the sum of
$1,000,000.
IV. COMPENSATION FOR SERVICES
The Consultant shall be paid according to the hourly rate schedule attached and
incorporated herein by this reference, with the maximum fee for each phase listed below.
Billing statements and written progress reports shall be submitted monthly for payment
by the City.
A. Design Development and Construction Document Phases: $87,000.00, plus a
maximum fee of $2,000 for the storm basin sedimentation analysis.
B, Bidding Phase: $4,500.00.
C. Construction Phase: $20,000.00.
V. MISCELLANEOUS
A. All provisions of the Agreement shall be reconciled in accordance with the
generally accepted standards of the Engineering Profession.
B. It is further agreed that there are no other considerations or monies contingent
upon or resulting from the execution of this Agreement, that it is the entire
Agreement, and that no other monies or considerations have been solicited.
FOR THE CITY FOR THE CONSULTANT
Title Mnvnr
By: AL4/�P.
Cj 1 � n D. cts n �r
Title: Pr ej i,�,I, l—
Date: December 7, 7010 Date: AloVevn, �- 30� Zu10
ATTEST: %,��
City —Clerk
2010 Rates All Departments
Work Code Description Amonnl /Hour
81
Administrative Assistant
$53.00
82
Clerical
$53.00
83
Clerical Support Specialist
$38.00
86
Expert Witness
$170.00
91
Senior Cad Technician
$107.00
92
CAD Technician 1
$60.00
93
CAD Technician 11
$53.00
11
Engineer
$107.00
12
Engineer II
$95.00
13
Engineer 111
$83.50
14
Engineer IV
$72.00
41
Engineering Technician 1
$83.00
42
Engineering Technician II
$70.50
43
Engineering Technician III
$63.00
44
Engineering Technician IV
$54.00
51
Geologist
$73.50
52
Wetland Scientist
$71.50
53
SoiVWetland Technician
$55.00
21
Landscape Arch 1
$107.00
22
Landscape Arch JI
$90.00
23
Landscape Arch 111
$68.50
24
Landscape Arch IV
$55.00
31
Land Surveyor 1
$107.00
32
Land Surveyor II
$91.50
33
Land Surveyor III
$80.00
34
Land Surveyor II GPS /Robotics
$116.50
35
Land Surveyor I GPS /Robotics
$132.00
38
Land Surveyor III GPS /Robotics
$105.00
45
Research Administrative Assistant
$63.00
71
Survey Chief
$79.00
72
Survey Tech 1
$65.00
73
Survey Tech II
$56.00
74
Survey Tech 1 GPS /Robotics
$90.00
75
Survey Chief GPS /Robotics
$104.00
76
Survey Tech II GPS /Robotics
$81.00
Friday, January 29, 2010 Page I of I
t r �
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(319) 356 -5000
(319) 356 -5009 FAX
ENGINEER'S ESTIMATE www.lcgov.org
September 30, 2011
City Clerk
City of Iowa City, Iowa
Re: Court Hill Trail — Phase 3
Joshua J. Slattery, P.E
Civil Engineer
N
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Dear City Clerk:
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The estimate for this project is $516,000.
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Sincerely,
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Joshua J. Slattery, P.E
Civil Engineer
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Prepared by: Josh Slattery, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356 -5149
RESOLUTION NO. 11 -319
RESOLUTION SETTING A PUBLIC HEARING ON OCTOBER 18, 2011, ON
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST
FOR THE CONSTRUCTION OF THE COURT HILL TRAIL - PHASE THREE
PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID
HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS
ON FILE FOR PUBLIC INSPECTION.
4 d (�)
WHEREAS, funds for this project are available in the Scott Park Development and Trail
account #4219.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. 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 18tl' day of
October, 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 4th day of October _,20 11
ATTEST: 44:4a � 7e •
CITY CLERK
Pweng /res /wurhill- ph ase&setph.doc
9v11
MAYOR
Approved .
City Attorney's Office
Resolution No. 11 -319
Page 2
It was moved by Wright and seconded by Bailey the Resolution be
adopted, and upon roll call there were:
AYES:
x
—x
x
x
x
X
x _
wpdata/glossa ry/resolubon- ic.doc
NAYS: ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
it !
Prepared by: Josh Slattery, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5149
RESOLUTION NO. 11-116
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND
ESTIMATE OF COST FOR THE CONSTRUCTION OF THE COURT HILL TRAIL —
PHASE THREE NRT- 3715(649)-- 9G -52, ESTABLISHING AMOUNT OF BID SECURITY
TO ACCOMPANY EACH BID, AND DIRECTING CITY CLERK TO PUBLISH
ADVERTISEMENT FOR BIDS AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
WHEREAS, this project will be bid by the Iowa Department of Transportation (IaDOT); and
WHEREAS, bids will be accepted on November 15, 2011, at 10:00 a,m. by the IaDOT in Ames, IA; and _
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 Scott Park Development and Trail account # 4219.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT:
1. The plans, specifications, form of contract and estimate of cost for the above -named project are
hereby approved.
2. The amount of bid security to accompany each bid for the construction of the above -named project
shall be in the form and amount prescribed in the bidding proposal.
3. 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 by the IaDOT for the construction of
the above -named project in a newspaper published at least once weekly and having a general
circulation in the city.
4. Bids for the above -named project are to be received by the IaDOT in Ames, Iowa, (800 Lincoln Way,
Ames, IA 50010) before 10:00 a.m. on the 15�' day of November, 2011. Thereafter the bids will be
opened and announced by the IaDOT, and thereupon referred to the Council of the City of Iowa City,
Iowa, for action upon said bids at its regular meeting, to be held at Emma J. Harvat Hall, City Hall,
Iowa City, Iowa, at 7:00 p.m. on the 22nd day of November, 2011, or at the first meeting held
thereafter.
Passed and approved this 18th day of October , 20 t 1
MAYOR
Approved by
ATTEST: ,✓
CITY'CLERK City Attorneys Office I 1I
Pw Vres/muNilllpW3 ppr repBSAM
Resolution No. 11
Page 2
It was moved by champion and seconded by Dickens the Resolution be
adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
x
wpdata/glossarytresoldon- ic.doc
NAYS: ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
Printer's Fee $ dO, ILI
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
I, R rX
being duly sworn, say that I am
the legal clerk of the IOWA CITY
PRESS - CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper,_
time(s), on the following date(s):
Legal Cle t
Subscribed and sworn to
before nre this day of
A.D.20 IL—,
Notar 11 Public
c LINDAKRDTmissionNumber732619 y Commission Expires
January27 2014
OFFICIAL PUBLICATION
NOTICE
OF PUBLIC HEARING ON
PLANS, SPECIFICATIONS,
FORM OF CONTRACT AND
ESTIMATE COST FOR THE
COURT HILL TRAIL - PHASE
THREE 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
Court Hill Trail — Phase 3 Project in
said city at 7:00 p.m. on the 10th
day of October, 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 con-
cerning 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
ccamvu October 10, 2011
Printer's Fee $ CI -0
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS- CITIZEN
FED.ID #42- 0330670
I, e,069a St d
being duly sworn, say that I am
the legal clerk of the IOWA CITY
PRESS- CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper _/
tiure(s), on the following date(s):
Legal Cle
Subscribed and sworn to
before me this 2L day of
A.D. 20--0—.
Notary Public
�r.,e LINDAKROTZ
.A � Commission Number 732619
My Commission Expires
o� January 27,201A
OFFICIAL PUBLICATION
NOTICE TO 131DDERS
COURT HILL TRAIL — PHASE 3
NRT3715(649) -9G -52 PROJECT
STATE OF IOWA — Sealed bids will
be received on November 15, 2011
by the Iowa Department of
Transportation at the Office of
Contracts in Ames, Iowa for vari-
ous items of construction and /or
maintenance work.
Plans, specifications and proposal
forms for the work may be seen
and secured at the Office of
Contracts, Iowa Department of
Transportation, 800 Lincoln Way,
Ames, Iowa until noon on the clay
previous to the letting.
Mailed bids are to be sent to the
Iowa Department of Transportation,
Office of Contracts, 800 Lincoln
Way, Ames, Iowa 50010. Staff will
be available at the Office of
Contracts the day previous to the
letting and the day of the letting for
the dropping off of bids during !,
regular business hours 7:30 a.m. to
4:30 to on
The Iowa Department of
Transportation (DOT) uses the Bid
Express website (vww bidx coml
as an official depository for elec-
tronic bid submittal. The Iowa DOT
will ensure that this electronic bid I
depository is available for a two-
hour period prior to the deadline for I
submission of bids. In the case of
disruption of national communica-
tions or loss of services by www.
b'dx corn during this two -hour peri-
od, the Iowa DOT will delay the
deadline for bid submissions to
ensure the ability of potential bid-
ders to submit bids. Instructions
will be communicated to potential
bidders.
Opening and reading of the bids
will be performed at the Iowa
Department of Transportation,
Ames, Iowa after 10:30 A.M. on the
same date such bids are scheduled
to be received, unless olhanvise
specified by the Iowa Department
of Transportation.
All proposals must be fled on the
forms furnished by the Iowa
Department of Transportation,
Contracts Office, sealed and plain-
ly marked. Proposals containing
any reservations not provided for in
the forms furnished will be reject-
ed. The Iowa Department of
Transportation reserves the right to
waive technicalities and to reject
any or all bids.
A Proposal Guarantee not less
than the amount as set forth In the
proposal form shall be filed with
each proposal. The Proposal
Guarantee shall be in the form of a
certified check or credit union cer-
tified share draft, cashier's check,
money order or bank draft drawn
on a solvent bank or credit union.
Certified checks or credit union
certified share drafts shall bear an
endorsement signed by a respon-
sible official of such bank or credit
union as to the amount certified.
Cashier's checks, money orders or
bank drafts shall be made payable
either to the Contracting Authority
or to the bidder and, where made
payable to the bidder, shall contain
an unqualified endorsement to the
Contracting Authority signed by
the bidder or the bidder's autho-
rized agent. A properly completed
Contractors Bid Bond (Form No.
650001), or a properly completed
Contractor's Annual Bid Bond
(Form No. 650043), both available
from the Iowa Department of
Transportation, Office of Contracts,
may be used in lieu of that speci-
fied above.
The contracting authority will
issue an exemption certificate for
the purchase or use of building
materials, supplies, and equipment
that will be used in the perfor-
mance of the construction con-
tract, as provided by Iowa Code
Sections 423.3 (80T
Failure to execute a contract and
file an acceptable Performance
Bond and C, Tificate of Insurance
within 30 days of the date of the
approval for awarding the contract,
as herein provided, will be just and
sufficient cause for the denial of the
award and the forfeiture of the pro-
posal guarantee.
The Iowa Department of
Transportation (or other approved
contracting authority) hereby noti-
fies all bidders that It will affirma-
tively ensure that in any contract
entered into pursuant to this adver-
tisement, disadvantaged business
enterprises will be afforded full
opportunity to submit bids in
response to this Invitation and will
not be discriminated against on tho
grounds of race, color, or national
origin In consideration for an
award.
On Federal Aid projects, where
disadvantaged business enterprise
goals have been established, the
bidder is required to complete and
submit form 102115 with the bid
documents. On all projects without
goals, the contractor must show
that affirmative actions have been
made to seek out and consider
disadvantaged business enterpris-
es as potential sub - contractors.
Some of the projects may be list-
ed in multiple proposals (as an
individual project or as part of a
combined package of projects).
The Contracting Authority will
determine which combination of '..
proposals produce the lowest bid
for these projects.
The listing of projects, and details
of the project, for which bids are to
be taken will be available to poten-
tial bidders and suppliers three (3)
weeks prior to the letting dates at
the following locations:
o Posted on the Internet at wv w
is bidx cam
• Available by calling the Office or
Contracts of the Iowa Department
or Transportation at 515 -239-
1414.
Minimum wage rates for all
Federal Aid projects have been
predetermined by the Secretary of
Labor and are set forth In the
specifications. However, this does
not apply to projects off the
Federal -Aid System.
All Federal Aid projects are sub-
ject to the Work Hours Act of 1962,
P. L. 87 -581 and Implementing
regulations.
By virtue of statutory authority, a
preference will be given to prod-
ucts and provisions grown and coal
produced within the State of Iowa,
and also, a resident bidder shall be
allowed a preference as against a
non - resident bidder from a slate or
foreign country which gives or
requires a preference to bidders
from that state or foreign country
both on projects in which there are
no Federal Funds involved.
IOWA DEPARTMENT OF
TRANSPORTATION
OFFICE OF CONTRACTS
TELEPHONE: 515- 239 -1414
PROJECT DETAIL
BID ORDER NUMBER: 103
COUNTY: JOHNSON
PROPOSAL ID: 52- 3715 -649
WORK TYPE: PCC SIDEWALK/
TRAIL
DBE GOAL: 2.5%
WORKING DAYS: 55
LATE START DATE: 2012/07123
GUARANTY: $37,500.00
PROJECTS INCLUDED: NRT-
3715(649)--9G-52
ROUTE: COURT HILL TRAIL IN
THE CITY OF IOWA CITY,,
BETWEEN SCOTT BLVD AND
COURT STREET.
Pcesan October 25, 2011
1; ._ 3
Prepared by: Josh Slattery, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5142
RESOLUTION NO. 1 i_g7q
RESOLUTION SETTING A NEW DATE FOR RECEIPT OF BIDS FOR THE
BIDDING OF THE COURT HILL TRAIL — PHASE THREE NRT- 3715(649)- -9G -52
PROJECT, AND DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT
FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS,
WHEREAS, this project will be bid by the Iowa Department of Transportation (laDOT); and
4d(2)
WHEREAS, a public hearing was held and a resolution approving plans, specifications, form of
contract and estimate of cost for the construction of the Court Hill Trail — Phase Three
NRT- 3715(649)- -9G -52 Project, establishing amount of bid security to accompany each bid, and
directing City Clerk to publish advertisement for bids and fixing time and place for receipt of bids
was approved by Council at its October 180, 2011 meeting; and
WHEREAS, that resolution and advertisement for bids stated that the bids were to be received by
the IaDOT in Ames, Iowa on November 15, 2011; and
WHEREAS, bids were not received on November 15, 2011 because the project had been
withdrawn from the letting; and
WHEREAS, the Department of Public Works recommends that the Council set a new date for
receipt of bids.
BE IT RESOLVED BY THE COUNCIL OF THE 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 of the city.
2. Bids for the above -named project are to be received by the IaDOT in Ames, Iowa, (800
Lincoln Way, Ames, IA 50010) before 10:00 a.m. on the 20"' day of March, 2012.
Thereafter the bids will be opened and announced by the IaDOT, 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 3`d day of April, 2012, or at a special meeting called for that purpose.
Passed and approved this 6th day of December , 2011.
!AKLv` nn
MAYOR
Approved by
ATTEST: A %lL ca,,(J uuTU
CIT RK City Attorney'sOfficeij Z,1 t/
pweng\res \crth111ph3.doc
11111
Resolution No. 11 -379
Page 2
It was moved by Champion and seconded by Wright the Resolution be
adopted, and upon roll call there were:
AYES:
x
x
_ x
x
X
X
x
wpdatarglossarylresoluUon- ic.doc
NAYS: ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
Printer's Fee $ 'i�ia .9
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS- CITIZEN
FED.ID #42- 0330670
being duly sworn, say that I am
the legal clerk of the IOWA CITY
PRESS - CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper
time(s), on the following date(s):
MP1QL1'� S� iOtZ.
Legal CI ak
Subscribed and sworn to
b fore me this &4""' day of
_A.D.20
Notary Public
°pa•r� LiN®AMOTZ
s CommissbnNumber7N61
My Commission Expires
OS• January 27, 2014
OFFICIAL PUBLICATION
NOTICE TO BIDDERS
COURT HILL TRAIL - PHASE 3
NRT- 3715(649) -9G -52 PROJECT
STATE OF IOWA - Sealed bids will
be received by the Iowa Department
of Transportation (DOT), Office of
Contracts, 800 Lincoln Way, Ames,
Iowa 50010 on March 20, 2012 at
10:00 A.M. CDT for various items of
construction and maintenance
work.
Plans, specifications and proposal
forms for the work may be seen and
secured at the Office of Contracts
until noon on the day previous to
the letting.
Mailed bids are to be sent to the
Office of Contracts at the address
above. Iowa DOT personnel will be
available at the Office of Contracts
the day prior to the letting and the
day of the totting for the dropping
off of bids during regular business
hours 7:30 a.m. to 4:30 pm.
The Iowa DOT uses the Bid
Express websile (www.bidx.com)
as an official depository for elec-
tronic bid submittal. The Iowa DOT.
will ensure that this electronic bid
depository is available for a two-
hour period prior to the deadline for
submission of bids. In the case of
disruption of national communica -.
lions or loss of services by www.
bldx.com during this two -hour pert
od, the Iowa DOT will delay the,
deadline for bid submissions to'
ensure the ability of potential bid -'
data to submit bids. Instructions will
be communicated to potential bid-
ders.
Opening and reading of the bids
will be performed at the Iowa
Department of Transportation,
Ames, Iowa after 10:30 A.M. on the
same date such bids are scheduled
to be received, unless otherwise
specified by the Iowa DOT.
All proposals must be filed on the
forms furnished by the Iowa
Department of Transportation,
Contracts Office, sealed and plainly
marked. Proposals containing any
reservations not provided for in the
forms furnished will be rejected.
The Iowa Department of
Transportation reserves the right to
waive technicalities and to reject
any or all bids.
A Proposal Guarantee not less
than the amount as set forth in the
proposal form shall be filed with
each proposal. The Proposal
Guarantee shall be in the form of a
certified check or credit union certi-
fied share draft, cashler's check,
money order or bank draft drawn on
a solvent bank or credit union.
Certified checks or credit union
cedi(ied share tlraRS shall bear an
endorsement signed by a responsi-
ble official of such bank or credit
union as to the amount certified.
Cashier's checks, money orders ar
bank drafts shall be made payable
either to the Contracting Authority
or to the bidder and, where made
payable to the bidder, shall contain
an unqualified endorsement to the
Contracting Authority signed by the
bidder or the bidder's authorized
agent. A properly completed
Contractor's Bid Bond (Form No.
650001), or a properly completed
Contractor's Annual Bid Bond
(Form No. 650043), both available
from the Iowa Department of
'transportation, Office of Contracts,
may be used in lieu of that specified
above.
The contracting authority will issue
an exemption certificate for the pur-
chase or use of building materials,
supplies, and equipment that will be
used in the performance of the
construction contract, as provided'
by Iowa Code Sections 423.3 ( -10).
Failure to execute a contract and
file an acceptable Performance
Bond and Certificate of Insurance
within 30 days of the date of the
approval for awarding the contract,
as herein provided, will be just and
sufficient cause for the denial of the
award and the forfeiture of the pro -
posal guarantee.
The Iowa Department of
Transportation (or other approved
contracting authority) hereby noti-
fies all bidders that it will affirma-
tively ensure that in any contract
entered into pursuant to this adver-
tisement, disadvantaged business
enterprises will be afforded full
opportunity to submit bids in
response to this invitation and will
not be discriminated against on the
grounds of race, color, or national
origin in consideration for an award.
On Federal Aid projects, where
disadvantaged business enterprise
goals have been established, the
bidder is required to complete and
submit form 102115 with the bid
documents. On all projects without
goals, the contractor must show
that affirmative actions have been
made to seek out and consider
disadvantaged business enterpris-
es as potential sub - contractors.
Some of the projects may be listed
in multiple proposals (as an indi-
vidual project or as part of a com-
bined package of projects). The
Contracting Authority will determine
which combination of proposals
produce the lowest bid for these
projects.
The listing of projects, and details
of the project, for which bids are to
be taken will be available to poten-
tial bidders and suppliers three (3)
weeks prior to the letting dates at
the following locations:
-Posted on the Internet at www.
ta.bidx.com
-Available by calling the Office of
Contracts of the Iowa Department
of Transportation at 515 -239-
1414.
Minimum wage rates for all Federal
Aid projects have been predeter-
mined by the Secretary of Labor
and are set forth in the specifica-
tions. However, this does not apply
to projects off the Federal -Aid
System.
All Federal Aid projects are subject
' to the Work Hours Act of 1962, P. L.
87 -581 and Implementing regula-
tions.
By virtue of statutory authority, a
preference will be given to products
and provisions grown and coal pro-
duced within the State of Iowa, and
also, a resident bidder shall be
alloyed a preference as against a
non- resident bidder from a state or
foreign country which gives or
requires a preference to bidders
from that state or foreign country
both on projects in which there are
no Federal Funds involved.
IOWA DEPARTMENT OF
TRANSPORTATION
OFFICE OF CONTRACTS
TELEPHONE: 515- 239 -1414
PROJECT DETAIL
BID ORDER NUMBER: 106
COUNTY: JOHNSON
PROPOSAL ID: 52- 3715 -649 -A
WORK TYPE: PCC SIDEWALIO
TRAIL
DBE GOAL: 5.0%
WORKING DAYS: 55
LATE START DATE: 2012/07/23
GUARANTY: $37,500.00
PROJECTS INCLUDED: NRT-
3715(649)--gG-52
ROUTE: COURT HILL TRAIL IN
THE CITY OF IOWA CITY,
BETWEEN SCOTT BLVD AND
COURT STREET
1.1151, March 5, 2012
e�l I�
Prepared by: Josh Slattery, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5149
RESOLUTION NO. 12 -145
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE
COURT HILL TRAIL — PHASE THREE NRT- 3715(649)- -9G -52 PROJECT.
WHEREAS, J & L Construction, LLC of Washington, Iowa has submitted the lowest responsible bid of
$488,775.50 for construction of the above -named project; and
WHEREAS, funds for this project are available in the Scott Park Development and Trail account #4219.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT:
The contract for the construction of the above -named project is hereby awarded to J & L
Construction, LLC, 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 3rd day of April 120 12
MAYOR
Approved by
ATTEST: lux W I'.,_/ -
�h_
CITYCITY
LCD City Attorneys Office 3I2Ce(12
It was moved by Mims and seconded by Dobbns the Resolution be adopted,
and upon roll call there were:
AYES:
NAYS: ABSENT:
X
Champion
X
Dickens
X
Dobbins
X
Hayek
x
Mims
X Payne
x
Throgmorton
pwenghes /awrdcon- courthilph3.doc
3112
FA96 (Form 650019)
11-05
Letting Date: March 20, 2012 Contract ID: 52- 3715 -649 -A Bid Order No.: 106
County: JOHNSON Project Engineer: CITY OF IOWA CITY �?
Cost Center: 661000 Object Code: 890 DBE Commitment: $58,944.7
Contract Work Type: PCC SIDEWALK /TRAIL
A�
This agreement made and entered by and between the CITY OF IOWA CITY CONTRACTING AUTHORITY,
AND
J & L CONSTRUCTION, LLC OF WASHINGTON, IA, (0.085), CONTRACTOR
It is agreed that the notice and instructions to bidders, the proposal filed by the Contractor, the specifications,
the plan, if any, for project(s) listed below, together with Contractor's performance bond, are made a part hereof
and together with this instrument constitute the contract. This contract contains all of the terms and conditions
agreed upon by the parties hereto. A true copy of said plan is now on file in the office of the Contracting
Authority under date of 03/15/2012
PROJECT:
NRT- 3715(649)- -9G -52
COUNTY:
JOHNSON
WORK TYPE:
PCC SIDEWALK /TRAIL
ACCOUNTING ID:
29618
ROUTE:
COURT HILL TRAIL
LENGTH (MILES):
0
LOCATION:
IN THE CITY OF IOWA CITY
BETWEEN SCOTT BLVD AND COURT STREET
FEDERAL AID
----------------------------------------------------
- PREDETERMINED WAGES ARE NOT IN EFFECT
---- --------------
- - - - --
The specifications consist of the Standard Specifications for Highway and Bridge Construction, Series 2009
of the Iowa Department of Transportation plus the following Supplemental Specifications, Special Provisions, and
addendums: DBE - -2012, DBE - 120320, FHWA- 1273.04, GS- 09004, SS- 09015,
SS- 09016, ADDENDUMS: 20MAR106.A01
Contractor, for and in considerations of $488,775.50 payable as set forth in the specifications constituting
a part of this contract, agrees to construct various items of work and /or provide various materials or supplies in
accordance with the plans and specifications therefore, and in the locations designated in the Notice to Bidders.
Contractor certifies by signature on this contract, under pain of penalties for false certification, that the Contrac-
tor has complied with Iowa Code Section 452A.17(8) as amended, if applicable, and Iowa Cade Section 91C.5
(Public Registration Number), if applicable.
In consideration of the foregoing, Contracting authority hereby agrees to pay the Contractor promptly and accor-
ding to the requirements of the specifications the amounts set forth, subject to the conditions as set forth in the
specifications.
It is further understood and agreed that the above work shall also be commenced or completed in accordance
with Page 1B of this Contract and assigned Proposal Notes.
Time is of the essence for this contract. To accomplish the purpose herein expressed, Coats pg agt y {} and
Contractor have signed this and 4. one other identical instrument as of the day of tS V
By C 1t Authority Qe J
ow DOT Concurrence
e, I,' Contractor
F696 (Form 650019) Page: 1B
11 -05
Letting Date: March 20, 2012 Contract ID: 52- 3715 -649 -A Bid Order No.: 106
It is further understood and agreed that the above work shall be commenced or completed in accordance with
the following schedule:
SITE
NUMBER
CONTRACT PERIOD
/SITE DESCRIPTION
CONTRACT LATE START DATE 07/23/2012 55 WORKING DAYS
CONTRACT NOTES
LIQUIDATED
DAMAGES
$1,000.00
CONTRACT SCHEDULE OF PRICES
Page: 2
Vendor No.: J.085
Bid
Order No.: 106
Contract
ID No.: 52- 3715 -649
-A Letting Date: March
20, 2012
Primary Work Type: PCC SIDEWALK
/TRAIL
10:00
A.M.
Primary County: JOHNSON
-------------------------------
I
I Item I
Unit Price I
Bid Amount
Line
I Item Number
I Quantity I
- - - -- -I---
No
I Item Description
I and Unit I
Dollars I Cts I
Dollars ICts
SECTION 0001 TRAIL ITEMS
-- -
-----------
-------- - - - -
12101- 0850001 CLEARING
I I
I
0010
(AND GRUBBING
1 0.3001
10,000.000001
3,000.00
1
--
(ACRE I
I
--------
-- ------ - - - -- --
12102- 2710070 EXCAVATION,
I 1
1
0020
(CLASS 10, ROADWAY AND
1 1,703.0001
12.750001
21,713.25
IBORROW
----- --- - -- --- -
ICY I
I
--------
--
12104- 2710020 EXCAVATION,
I 1
1
0030
(CLASS 10, CHANNEL
1 120.0001
15.000001
1,800.00
1
ICY I
I
---------------
- - --
12105- 8425015 TOPSOIL,
I 1
1
0040
(STRIP, SALVAGE AND
1 938.0001
7.500001
7,035.00
(SPREAD
- --- --
ICY I
I
----------------
12111- 8174100 GRANULAR
I 1
1
0050
ISUBBASE
1 5,277.0001
6.250001
32,981.25
1
ISY I
I
------------------------------
12123- 7450020 SHOULDER
I 1
1
0060
1FINISHING, EARTH
1 50.4001
115.000001
5,796.00
1
ISTA I
I
------------------------------
12212- 5070310 PATCHES,
I I
I
0070
(FULL -DEPTH REPAIR
1 66.0001
100.000001
6,600.00
1
- - --
ISY I
I
------------------
- -
12212- 5070330 PATCHES BY
I I
I
0080
ICOUNT (REPAIR)
1 3.0001
500.000001
1,500.00
1
- -
(EACH I
I
----- ----
--------- ------
12213- 6745500 REMOVAL OF
I I
1
0090
(CURB
1 1.7201
725.000001
1,247.00
1
ISTA I
I
-------------------------------
12301- 0685550 BRIDGE
I I
I
0100
1APPR0ACH PAVEMENT, AS
1 69.0001
75.000001
5,175.00
IPER PLAN
ISY I
I
CONTRACT SCHEDULE OF PRICES
Page: 3
Vendor No.: J.085
Bid
Order No.: 106
Contract
ID No.: 52- 3715 -649 -A
Letting Date: March
20, 2012
Primary
Work Type: PCC SIDEWALK /TRAIL
10:00
A.M.
Primary
County: JOHNSON
-- --- ---
I I Item I
Unit Price
Bid Amount
Line
I Item Number I Quantity
I -
-- ------ I--
- - ----
No
( Item Description I and
--
Unit I
Dollars I Cts I
Dollars ICts
12301- 1083080 STANDARD OR I
I
----------------------------
I
0110
ISLIP FORM PORTLAND 1
194.0001
47.500001
9,215.00
(CEMENT CONCRETE PAVEMENT,ISY
I
I
ICLASS M, CLASS 3 I
(DURABILITY, 8 IN. 1
1
1
-----------------------------------------
12301- 4875006 MEDIAN, P.C.1
1
1
0120
[CONCRETE, 6 IN. 1
50.0001
36.250001
1,812.50
1 ISY
I
I
--
12315- 8275030 SURFACING, I
- - - - --
1
--
1
0130
]DRIVEWAY, CLASS C GRAVEL 1
30.0001
16.000001
480.00
1 ITON
I
I
--
12402- 2720000 EXCAVATION, 1
1
-----------------------------
0140
(CLASS 20 1
960.0001
12.000001
11,520.00
1 ICY
I
I
- - --
12416- 0100012 APRONS, 1
------------------------------
I
0150
[CONCRETE, 12 IN. DIA. 1
7.0001
825.000001
5,775.00
1 [EACH
I
I
-------------------
12429- 0000100 1
1
------------
1
----
0160
1PRE- ENGINEERED STEEL 1
1.0001
37,700.000001
37,700.00
ITRUSS TRAIL BRIDGE, 25 [EACH
I
I
IFT. LENGTH I
I
I
-----------------------------------------
12429- 0000100 1
1
1
0170
1PRE- ENGINEERED STEEL 1
1.0001
42,500.000001
42,500.00
ITRUSS TRAIL BRIDGE, 30 (EACH
I
I
IFT. LENGTH I
I
I
- -- - --
12429- 0000100 1
1
------------------------------
1
0180
1PRE- ENGINEERED STEEL 1
1.0001
56,500.000001
56,500.00
ITRUSS TRAIL BRIDGE, 50 (EACH
I
I
IFT. LENGTH I
I
I
------------------
12435- 0140148 MANHOLE, I
1
----------------
1
- - - ---
0190
[STORM SEWER, SW -401, 48 1
2.0001
1,800.000001
3,600.00
IIN. [EACH
I
I
------ -----
12435- 0251224 INTAKE, I
-- ------
1
--------- ---
1
- --
0200
ISW -512, 24 IN. 1
7.0001
1,350.000001
9,450.00
1 [EACH
I
1
CONTRACT
SCHEDULE OF PRICES
Page: 4
Vendor No.:
J.085
Bid
Order No.: 106
Contract
ID No.:
52- 3715 -649 -A
Letting Date: March
20, 2012
Primary Work Type:
PCC SIDEWALK /TRAIL
10:00
A.M.
Primary County:
JOHNSON
- -- --
-- --------------
--- -
I
- -
I
Item I
Unit Price I
Bid Amount
Line
( Item Number I
Quantity I
------- - - I --------------
No
( Item Description I
and Unit I
Dollars I Cts I
Dollars ICts
12435- 0254100
INTAKE, I
1
1
0210
ISW -541
1
1.0001
3,900.000001
3,900.00
1
1EACH
I
I
12503- 0114212
STORM SEWER I
1
1
0220
IGRAVITY MAIN,
TRENCHED, 1
470.0001
26.000001
12,220.00
IREINFORCED CONCRETE PIPE ILF
I
I
((RCP), 2000D
(CLASS III),1
112 IN.
I
----
---------
----- - - - - ---
12507- 3250005
ENGINEERING I
1
1
0230
IFABRIC
1
140.0001
2.500001
350.00
1
ISY
I
I
12507- 6800061
REVETMENT, I
I
I
0240
1CLASS E
1
57.0001
34.000001
1,938.00
1
]TON
I
I
12510- 6745850
REMOVAL OF I
1
1
0250
(PAVEMENT
1
302.0001
9.500001
2,869.00
1
-
ISY
- - -- - - --
I
I
------------------
-
12511- 0302600
1
1
1
0260
IRECREATIONAL
TRAIL, 1
4,550.0001
25.500001
116,025.00
IPORTLAND CEMENT CONCRETE,ISY
I
16 IN.
I
I
--------------------------
12511- 0302800
1
1
1
0270
(RECREATIONAL
TRAIL, 1
73.0001
33.750001
2,463.75
(PORTLAND CEMENT CONCRETE,ISY
I
I
18 IN.
I
I
---------------------------------
12511- 0310100
SPECIAL I
1
I
0280
ICOMPACTION OF
SUBGRADE 1
50.4001
170.000001
8,568.00
IFOR RECREATIONAL TRAIL ISTA
I I
I
I
I
I
--------------------------
12511- 6745900
REMOVAL OF I
1
1
0290
ISIDEWALK
41.0001
9.500001
389.50
1
ISY
I
I
------------------------------------
12511- 7526006
SIDEWALK, P.1
I
1
0300
IC. CONCRETE,
6 IN. 1
676.0001
25.500001
17,238.00
1
ISY
I
I
CONTRACT SCHEDULE OF PRICES
Page: 5
Vendor No.: J.085
Bid Order
No.: 106
Contract
ID No.: 52- 3715 -649
-A
Letting
Date: March
20, 2012
Primary
Work Type: PCC SIDEWALK /TRAIL
10:00
A.M.
Primary
County: JOHNSON
I
-- ---
I Item I Unit
-----------------
Price I
Bid Amount
Line
I Item Number
I Quantity
I - - - --
- -I----
---- - - --
No
I Item Description
I and
Unit I Dollars
I Cts I Dollars Cts
12511- 7526008 SIDEWALK, P.1
- --
1
--
1
----- -- - - --
0310
1C. CONCRETE, 8 IN.
1
36.0001
33.750001
1,215.00
1
ISY
I
I
12511- 7528101 DETECTABLE
-
I
- --
1
--
1
----- - - - - --
0320
(WARNINGS
1
120.0001
26.000001
3,120.00
1
ISF
I
I
12512- 1725256 CURB AND
I
- -------------------
1
1
0330
[GUTTER, P.C. CONCRETE, 2.1
223.0001
19.750001
4,404.25
15 FT.
ILF
I
I
12518- 6910000 SAFETY
------
I
----
1
--------------
1
0340
1CLOSURE
1
11.0001
204.000001
2,244.00
1
(EACH
I
I
----------------------------------------------------- 12524- 6765010 REMOVE AND
I
1
1
0350
IREINSTALL SIGN AS PER
1
5.0001
50.000001
250.00
IPLAN
(EACH
I
I
12524- 6765015 REMOVE AND
I
- ---
1
- ---
1
-- --
0360
IREINSTALL DELINEATOR
1
2.0001
40.000001
80.00
(POSTS
1EACH
I
I
[2524- 9275100 WOOD POSTS
I
- -------
I
-----
[
-----
0370
1FOR TYPE A OR B SIGNS, 4
1
216.0001
9.000001
1,944.00
IIN. X 4 IN.
ILF
I
I
12524- 9325001 TYPE A
------
I
------
1
----------
1
- - --
0380
(SIGNS, SHEET ALUMINUM
1
110.5001
18.000001
1,989.00
1
ISF
I
I
12527- 9263109 PAINTED
- - -
I
- - -- - --- --
1
-- -- --
1
- ---
0390
(PAVEMENT MARKING,
1
6.5001
148.000001
962.00
IWATERBORNE OR
ISTA
I
I
[SOLVENT -BASED
I
I
I
12528- 8445110 TRAFFIC
I
- ----
1
-----
1
- ---
0400
ICONTROL
I
ILUMP
I
(LUMP
I
[
I
2,050.00
12528- 8445113 FLAGGERS
I
-- ----
1
----
1
----
0410
1
1
6..0001
315.000001
1,890.00
1
(EACH
I
I
I
Line Item Number
No 1 Item Description
12533- 4980005
0420 IMOBILIZATION
I
12601- 2634150 MULCHING,
0430 [WOOD CELLULOSE FIBER
I
12601- 2636044 SEEDING AND
0440 (FERTILIZING (URBAN)
I
12602- 0000020 SILT FENCE
0450 1
1
12602- 0000060 REMOVAL OF
0460 ISILT FENCE
I
12602- 0000090 CLEAN -OUT
0470 IOF SILT FENCE
I
--------------------------------
12510-6750600 REMOVAL OF I 1 1
0471 (INTAKES AND UTILITY 1 1.0001 550.000001 550.00
(ACCESSES (EACH I I
SECTION 0002 MOBILIZATIONS FOR EROSION CONTROL FOR THE CONTRACT
I Item I Unit Price I Bid Amount
I Quantity I ---------------- I --------------
I and Unit I Dollars I Cts I Dollars ICts
I
(LUMP
I
CONTRACT SCHEDULE
OF PRICES
Page: 6
I
1
I
4.0001
I
1,000.000001
Vendor No.:
J.085
Bid Order No.:
106
Contract IO No.:
52- 3715 -649 -A
Letting Date:
March 20, 2012
Primary Work Type:
PCC SIDEWALK /TRAIL
I
10:00 A.M.
Primary County:
JOHNSON
I
1,770.0001
I
1.650001
I
Line Item Number
No 1 Item Description
12533- 4980005
0420 IMOBILIZATION
I
12601- 2634150 MULCHING,
0430 [WOOD CELLULOSE FIBER
I
12601- 2636044 SEEDING AND
0440 (FERTILIZING (URBAN)
I
12602- 0000020 SILT FENCE
0450 1
1
12602- 0000060 REMOVAL OF
0460 ISILT FENCE
I
12602- 0000090 CLEAN -OUT
0470 IOF SILT FENCE
I
--------------------------------
12510-6750600 REMOVAL OF I 1 1
0471 (INTAKES AND UTILITY 1 1.0001 550.000001 550.00
(ACCESSES (EACH I I
SECTION 0002 MOBILIZATIONS FOR EROSION CONTROL FOR THE CONTRACT
I Item I Unit Price I Bid Amount
I Quantity I ---------------- I --------------
I and Unit I Dollars I Cts I Dollars ICts
I
(LUMP
I
I
(LUMP
i
I
I
I
23,500.00
I
1
I
4.0001
I
1,000.000001
4,000.00
(ACRE
I
I
I
1
I
4.0001
I
1,000.000001
4,000.00
1ACRE
I
I
I
1
I
1,770.0001
I
1.650001
2,920.50
ILF
I
I
I
1
I
1,770.0001
I
0.250001
442.50
ILF
I
I
I
1
I
706.0001
I
0.500001
353.00
ILF
I
I
12602- 0010010 1 1 1
0480 (MOBILIZATIONS, EROSION 1 1.0001 500.000001 500.00
ICONTROL (EACH I I
---------------- - - -- - --
12602- 0010020 1 1 1
0490 (MOBILIZATIONS, EMERGENCY 1 1.0001 1,000.000001 1,000.00
(EROSION CONTROL (EACH I I
----------------------------------
]TOTAL BID 488,775.50
A d d e n d u m
Iowa Department of Transportation Date of Letting: March 20, 2012
Office of Contracts Date of Addendum: March 15, 2012
B.O.
Proposal ID
Proposal Work Type
County
Project Number
Addendum
106
52- 3715 -649 -A
PCC
SIDEWALK/TRAIL
JOHNSON
NRT- 3715(649)- -9G -52
20MAR106.A01
Notice: Only the bid proposal holders receive this addendum and responsibility for notifying any
potential subcontractors or suppliers remains with the proposal holder.
Attached is a SCHEDULE OF PRICES for the following item:
Line No. 0471 2510 - 6750600 REMOVAL OF INTAKES AND UTILITY ACCESSES
Bid this item as instructed and submit the bid for this item with the Bid Proposal.
Make the following changes to the PROPOSAL SCHEDULE OF PRICES:
Change Line No. 0020 2102 - 2710070 EXCAVATION, CLASS 10, ROADWAY AND
BORROW from 5,080.000 CY to 1,703.000 CY.
Change Line No. 0290 2511 - 6745900 REMOVAL OF SIDEWALK from 18.000 SY to
41.000 SY.
Change Line No. 0300 2511- 7526006 SIDEWALK, P.C. CONCRETE, 6 IN. from
638.000 SY to 676.000 SY.
If the quantities are not changed on the proposal form, the bid amounts will be extended using
the unit price times the correct quantities as shown here.
The following is Estimate Reference Information for Item Code 2510 - 6750600 REMOVAL OF
INTAKES AND UTILITY ACCESSES:
Item is for removal of intake along Scott Boulevard. See sheet V.04.
Page 1 of 11
Make the following change to Plan Sheet C.02:
For Item EXCAVATION, CL 10, ROADWAY AND BORROW, replace existing
Description with:
Item is for all necessary earthwork to establish the trail grade as shown on the
plans, including removal of two existing culverts. Estimated shrinkage is 30 %.
See sheet T.01 for tabulations. No payment will be made for overhaul. Excess
excavation from one division may be used in other divisions. All excess
excavation material shall become the property of the Contractor and shall be
removed from the site by the Contractor.
Make the following change to plan sheet V.04:
Replace plan sheet V.04 with attached plan sheet V.04
Make the following change to plan sheets X.1 -X.4:
Replace plan sheets X.1 -X.4 with attached plan sheets X.1 -X.4
Attached, plan sheet T:01
Attached, plan sheets 5.01 -S.02
Page 2 of 11
PROPOSAL ADDENDUM - SCHEDULE OF PRICES Page: 8
Bid Order No.: 101
Proposal ID No.: 52- 3715 -649 -A Letting Date: March 20, 2012
Primary Work Type: PCC SIDEWALK /TRAIL 10:00 A.M.
Primary County: JOHNSON
ITEMS LISTED ON THIS PAGE ARE ADDED BY ADDENDUM 20MAR106.A01
I I Item I Unit Price I Bid Amount
Line1 Item Number I Quantity I - ---- ------ ----- I --------------
No I Item Description I and Unit I Dollars I Cts I Dollars ICts
------------------------------'--------- ------ -------------- ------- -- --
Section 0001 (CONTINUED)
ROADWAY ITEMS
---------------------------------------------------------------------------------
12510- 6750600 REMOVAL OF I .I
0471 (INTAKES AND UTILITY 1.0001 I
(ACCESSES I EACH I
I I I
I Total Bid I I
Page 3 of 11
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//
Page
of
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
Page
I.
General ...... ............................... 1
II.
Nondiscrimination ............................. 1
III.
Nonsegregated Facilities ......... ... ......... 3
IV.
Payment of Predetermined Minimum Wage ......... 3
V.
Statements and Payrolls ........................ 5
VI.
Record of Materials, Supplies, and Labor ........... 5
VII.
Subletting or Assigning the Contract ............... 5
VIII.
Safety: Accident Prevention .... .... ....... 6
IX.
False Statements Conceming Highway Projects ...... 6
X.
Implementation of Clean Air Act and Federal
Water Pollution Control Act ...................... 6
XI.
Certification Regarding Debarment, Suspension,
Ineligibility, and Voluntary Exclusion ............... 6
XIL
Certification Regarding Use of Contract Funds for
Lobbying..... ............................... 8
ATTACHMENTS
A.
Employment Preference for Appalachian Contracts
(Included in Appalachian contracts only)
I. GENERAL
1. These contract provisions shall apply to all work performed on
the contract by the contractors own organization and with the
assistance of workers under the contractor's immediate superinten-
dence and to all work performed on the contract by piecework, station
work, or by subcontract.
2. Except as otherwise provided for in each section, the contractor
shall insert in each subcontract all of the stipulations contained in
these Required Contract Provisions, and further require their
inclusion in any lower tier subcontract or purchase order that may in
turn be made. The Required Contract Provisions shall not be
incorporated by reference in any case. The prime contractor shall be
responsible for compliance by any subcontractor or lower tier
subcontractor with these Required Contract Provisions.
3. A breach of any of the stipulations contained in these Required
Contract Provisions shall be sufficient grounds for termination of the
contract.
4. A breach of the following clauses of the Required Contract
Provisions may also be grounds for debarment as provided in 29
CFR 5.12:
Section I, paragraph 2;
Section IV, paragraphs 1, 2, 3, 4, and 7;
Section V, paragraphs 1 and 2a through 2g.
5. Disputes arising out of the laborstandards provisions of Section
IV (except paragraph 5) and Section V of these Required Contract
Provisions shall not be subject to the general disputes clause of this
contract. Such disputes shall be resolved in accordance with the
procedures of the U.S. Department of Labor (DOL) as set forth in 29
CFR 5, 6, and 7. Disputes within the meaning of this clause Include
disputes between the contractor (orany of its subcontractors) and the
contracting agency, the DOL, or the contractors employees or their
representatives.
6. Selection of Labor: During the performance of this contract,
the contractor shall not:
a. discriminate against labor from any other State, possession,
or territory of the United States (except for employment Preference for
Appalachian contracts, when applicable, as specified in Attachment
A, or
b. employ convict labor for any purpose within the limits of the
project unless it is labor performed by convicts who are on parole,
supervised release, or probation.
IL NONDISCRIMINATION
(Applicable to all Federal -aid construction contracts and to all
related subcontracts of $10,000 or more.)
1. Equal Employment Opportunity: Equal employment opportu-
y (EEO) requirements not to discriminate and to take affirmative
lion to assure equal opportunity as set forth under laws, executive
lers, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60)
d orders of the Secretary of Labor as modified by the provisions
:scribed herein, and Imposed pursuant to 23 U.S.C. 140 shall
istitute the EEO and specific affirmative action standards for the
itraclors project activities underthis contract. The Equal Opportu-
uCnnstnmtionCnnfmctSoecifications set forth under 4l CFR60-
U.S.C. 12101 et se .) set forth under 28 CFK 35 and 29 (
are incorporated by reference in this contract. In the execul
contract, the contractor agrees to comply with the following
a. The contractor will work with the Stale highway agency
(SHA) and the Federal Government in carrying out EEO obligations
and in their review of his/her activities under the contract.
b. The contractor will accept as his operating policy the
following statement:
"It is the policy of this Company to assure that applicants are
employed, and that employees are treated during employment,
without regard to their race, religion, sex, color, national origin,
age or disability. Such action shall Include: employment,
upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, Including apprentice-
ship, preapprenticeship, and /or on- the -job training:
2. EEO Officer: The contractorwill designate and make known
to the SHA contracting officers an EEO Officer who will have the
responsibility forand must be capable ofeffectivelyadminlsledng and
promoting an active contractor program of EEO and who must be
assigned adequate authority and responsibility to do so.
3. Dissemination of Policy: All members of the contractor's staff
who are authorized to hire, supervise, promote, and discharge
employees, orwho recommend such action, orwho are substantially
Involved in such action, will be made fully cognizant of, and will
Implement, the contractors EEO policy and contractual responsibili-
ties to provide EEO In each grade and classification of employment.
To ensure lhatthe above agreementwill be met, the following actions
will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then not
less often than once every six months, atwhich time the contractors
EEO policy and its Implementation will be reviewed and explained.
The meetings will be conducted by the EEO Officer.
b. All new supervisory or personnel office employees will be
given a thorough Indoctrination by the EEO Officer, covering all major
aspects of the contractors EEO obligations within thirty days
following their reporting for duty with the contractor.
G. All personnel who are engaged in direct recruitment for the
project will be Instructed by the EEO Officer in the contractors
procedures for locating and hiring minority group employees.
d. Notices and posters setting forth the contractors EEO policy
will be placed In areas readily accessible to employees, applicants for
employment and potential employees.
e. The contractors EEO policy and the procedures to imple-
ment such policy will be brought to the attention of employees by
means of meetings, employee handbooks, or other appropriate
means.
4. Recruitment: When advertising for employees, the contractor
will include in all advertisements for employees the notation: "An
Equal Opportunity Employer." All such advertisements will be placed
Form FHWA -1273 (Rev. 3 -94) Page i
in publications having a large circulation among minority groups in the
area from which the project workforce would normally be derived.
a. The contractorwill, unless precluded by a valid bargaining
agreement, conduct systematic and direct recruitment through public
and private employee referral sources likely to yield qualified minority
group applicants. To meet this requirement, the contractor will
Identify sources of potential minority group employees, and establish
with such Identified sources procedures whereby minority group
applicants may be referred to the contractor for employment consider-
ation.
b. In the event the contractor has a valid bargaining agreement
providing for exclusive hiring hall referrals, he Is expected to observe
the provisions of that agreement to the extent that the system permits
the contractor's compliance with EEO contract provisions. (The DOL
has held that where implementation of such agreements have the
effect of discriminating against minorities or women, or obligates the
contractor to do the same, such implementation violates Executive
Order 11246, as amended.)
c. The contractorwill encourage his present employees to refer
minority group applicants for employment. Information and proce-
dures with regard to referring minority group applicants will be
discussed with employees.
5. Personnel Actions: Wages, working conditions, and employee
benefits shall be established and administered, and personnel actions
of every type, including hiring, upgrading, promotion, transfer,
demotion, layoff, and termination, shall be taken without regard to
race, color, religion, sex, national origin, age or disability. The
following procedures shall be followed:
a. The contractor will conduct periodic inspections of project
sites to insure that working conditions and employee facilities do not
Indicate discriminatory treatment of project site personnel.
b. The contractorwill periodically evaluate the spread ofwages
paid within each classification to determine any evidence ofdiscrimi-
natory wage practices.
c. The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of discrimina-
tion. Where evidence Is found, the contractor will promptly take
corrective action. If the review indicates that the discrimination may
extend beyond the actions reviewed, such corrective action shall
Include all affected persons.
d. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection with his
obligations under this contract, will attempt to resolve such com-
plaints, and will take appropriate corrective action within a reasonable
time. If the Investigation indicates that the discrimination may affect
Parsons other than the complainant, such corrective action shall
nclude such other persons. Upon completion of each investigation,
the contractor will Inform every complainant of all of his avenues of
appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and
increasing the skills of minority group and women employees, and
applicants for employment.
b. Consistentwiththe contractor's workforce requirements and
as permissible under Federal and State regulations, the contractor
shall make full use of training programs, i.e., apprenticeship, and
on -the -job training programs for the geographical area of contract
performance. Where feasible, 25 percentofapprentices ortrainees
in each occupation shall be in their first year of apprenticeship or
training. In the event a special provision for training is provided under
this contract, thissubparagraph will be superseded as Indicated In the
special provision.
c. The contractor will advise employees and applicants for
employment of available training programs and entrance require-
ments for each.
d. The contractor will periodically review the training and
promotion potential of minority group and women employees and will
encourage eligible employees to apply forsuch training and promo-
tion.
7. Unions: If the contractor relies to whole or in part upon unions
as a source of employees, the contractorwill use his/her best efforts
to obtain the cooperation of such unions to increase opportunities for
minority groups and women within the unions, and to effect referrals
by such unions of minority and female employees. Actions by the
contractor either directly or through a contractor's association acting
as agent will Include the procedures set forth below:
a. The contractor will use best efforts to develop, in coopera-
tion with the unions, joint training programs aimed toward qualifying
more minority group members and women for membership In the
unions and increasing the skills of minority group employees and
women so that they may qualify for higher paying employment.
b. The contractor will use best efforts to incorporate an EEO
clause into each union agreement to the end that such union will be
contractually bound to refer applicants without regard to their race,
color, religion, sex, national origin, age or disability.
c. The contractor Is to obtain Information as to the referral
practices and policies of the labor union except that to the extent
such information is within the exclusive possession of the labor union
and such labor union refuses to furnish such Information to the
contractor, the contractor shall so certify to the SHA and shall set
forth what efforts have been made to obtain such Information.
d. In the event the union Is unable to provide the contractor
with a reasonable Flow of minority and women referrals within the time
limit set forth in the collective bargaining agreement, the contractor
will, through independent recruitment efforts, fill the employment
vacancies without regard to race, color, religion, sex, national origin,
age or disability; making full efforts to obtain qualified and /or
qualifiable minority group persons and women. (The DOL has held
that it shall be no excuse that the union with which the contractor has
a collective bargaining agreement providing for exclusive referral
failed to refer minority employees.) In the event the union referral
practice prevents the contractor from meeting the obligations
pursuant to Executive Order 11246, as amended, and these special
provisions, such contractor shall immediately notify the SHA.
8. Selection of Subcontractors, Procurement of Materials and
Leasing of Equipment: The contractor shall not discriminate on the
grounds of race, color, religion, sex, national origin, age or disability
in the selection and retention of subcontractors, including procure-
ment of materials and leases of equipment.
a. The contractor shall notify all potential subcontractors and
suppliers of his/her EEO obligations under this contract.
b. Disadvantaged business enterprises (DBE), as defined in 49
CFR 23, shall have equal opportunity to compete for and perform
subcontracts which the contractor enters into pursuant to this
contract. The contractor will use his best efforts to solicit bids from
and to utilize DBE subcontractors or subcontractors with meaningful
minority group and female representation among their employees.
Contractors shall obtain lists of DBE construction firms from SHA
personnel.
c. The contractorwill use his best efforts to ensure subcontrac-
tor compliance with their EEO obligations.
9. Records and Reports: The contractor shall keep such records
as necessary to document compliance with the EEO requirements.
Such records shall be retained for a period of three years following
completion of the contract work and shall be available at reasonable
times and places for Inspection by authorized representatives of the
SHA and the FHWA.
a. The records kept by the contractor shall document the
following:
(1) The number of minority and non - minority, group
members and women employed in each work classification on the
project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment opportunities
for minorities and women;
(3) The progress and efforts being made In locating, hiring,
training, qualifying, and upgrading minority and female employees;
and
(4) The progress and efforts being made In securing the
services of DBE subcontractors or subcontractors with meaningful
minority and female representation among their employees.
b. The contractors will submit an annual report to the SHA
Paa.2 Form FHWA -1273 (Rev. 3 -94)
each July for the duration of the project, indicating the number of
minority, women, and non- minority group employees currently
engaged in each work classification required by the contract work.
This Information Is to be reported on Form FHWA -1391. If on -the
job training is being required by special provision, the contractor will
be required to collect and report training data.
111. NONSEGREGATED FACILITIES
(Applicable to all Federal -aid construction contracts and to all
related subcontracts of $10,000 or more.)
a. By submission of this bid, the execution of this contract or
subcontract, or the consummation of this material supply agreement
or purchase order, as appropriate, the bidder, Federal -aid construc-
tion contractor, subcontractor, material supplier, or vendor, as
appropriate, certifies that the firm does not maintain or provide for its
employees any segregated facilities at any of its establishments, and
that the firm does not permit its employees to perform their services
at any location, under its control, where segregated facilities are
maintained. The firm agrees that a breach of this certification Is a
violation of the EEO provisions of this contract. The firm further
certifies that no employee will be denied access to adequate facilities
on the basis of sex or disability.
b. As used in this certification, the term "segregated facilities"
means any waiting rooms, work areas, restrooms and washrooms,
restaurants and other eating areas, timeclocks, locker rooms, and
other storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing
facilities provided for employees which are segregated by explicit
directive, or are, in fact, segregated on the basis of race, color,
religion, national origin, age or disability, because of habit, local
custom, or otherwise. The only exception will be for the disabled
when the demands for accessibility override (e.g. disabled parking).
c. The contractor agrees that it has obtained or will obtain
identical certification from proposed subcontractors or material
suppliers prior to award of subcontracts or consummation of material
supply agreements of $10,000 or more and that it will retain such
certifications in its files.
IV. PAYMENT OF PREDETERMINED MINIMUM WAGE
(Applicable to all Federal -aid construction contracts exceeding
$2,000 and to all related subcontracts, except for projects located on
roadways classified as local roads or rural minor collectors, which are
exempt.)
1. General:
a. All mechanics and laborers employed orworking upon the
site of the work will be paid unconditionally and not less often than
once a week and without subsequent deduction or rebate on any
account [except such payroll deductions as are permitted by
regulations (29 CFR 3) issued by the Secretary of Labor under the
Copeland Act (40 U.S.C. 276c)] the full amounts of wages and bona
fide fringe benefits (or cash equivalents thereof) due at time of
payment. The payment shall be computed at wage rates not less
than those contained in the wage determination of the Secretary of
Labor(hereinafter'4he wage determinatlon' which Is attached hereto
and made a part hereof, regardless of any contractual relationship
which may be alleged to exist between the contractor or its subcon-
tractors and such laborers and mechanics. The wage determination
(Including any additional classifications and wage rates conformed
under paragraph 2 of this Section IV and the DOL poster (WH -1321)
or Form FHWA -1495) shall be posted at all times by the contractor
and its subcontractors at the site of the work in a prominent and
accessible place where it can be easily seen by the workers. For the
are considered wages paid to such laborers or mechanics, subject to
the provisions of Section IV, paragraph 3b, hereof. Also, for the
purpose of this Section, regular contributions made or costs Incurred
for more than a weekly period (but not less often than quarter
ry)
under Titans. funds. or orocrams. which cover the particular weep
4fication of work actually performed, without regard to
as provided In paragraphs 4 and 5 of this Section IV.
b. Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each
classification for the time actually worked therein, provided, that the
employer's payroll records accurately set forth the time spent in each
classification in which work is performed.
c. All rulings and interpretations of the Davis -Bacon Act and
related acts contained in 29 CFR 1, 3, and 5 are herein incorporated
by reference in this contract.
2. Classification:
a. The SHA contracting officer shall require that any class of
laborers or mechanics employed under the contract, which is not
listed in the wage determination, shall be classified in conformance
with the wage determination.
b. The contracting officer shall approve an additional classifica-
tion, wage rate and fringe benefits only when the following criteria
have been met:
(1) the work to be performed by the additional classifica-
tion requested is not performed by a classification in the wage
determination;
(2) the additional classification is utilized in the area by the
construction industry;
(3) the proposed wage rate, Including any bona fide fringe
benefits, bears a reasonable relationship to thewage rates contained
in the wage determination; and
(4) with respect to helpers, when such a classification
prevails in the area in which the work is performed.
c. If the contractor or subcontractors, as appropriate, the
laborers and mechanics (if known) to be employed in the additional
classification or their representatives, and the contracting officer
agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the
action taken shall be sent by the contracting officer to the DOL,
ion, Washington, D.C. 20210. The Wage and Hour
or, or an authorized representative, will approve, modify,
ve every additional classification action within 30 days of
so advise the contracting officer orwill notify the contract -
rithin the 30 -day period that additional time Is necessary.
d. In the event the contractor or subcontractors, as appropri-
ate, the laborers or mechanics to be employed in the additional
classification or their representatives, and the centracfing officer do
not agree on the proposed classification and wage rate (including the
amount designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the views of all
interested parties and the recommendation of the contracting officer,
to the Wage and Hour Administrator for determination. Said
Administrator, oran authorized representative, will issuea determina-
tion within 30 days of receipt and so advise the contracting officer or
will notify the contracting officer within the 30 -day period that
additional time is necessary
e. The wage rate(Includinggfringe benefits where appropriate)
determined pursuant to paragraph 2c or2d of this Section IV shall be
paid to all workers performing work In the additional classification
from the first day on which work is performed in the classification.
3. Payment of Fringe Benefits:
a. Wheneverthe minimum wage rate prescribed in the contract
for a class of laborers or mechanics Includes a fringe benefit which
Is not expressed as an hourly rate, the contractor or subcontractors,
as appropriate, shall either pay the benefit as stated In the wage
determination or shall pay another bona fide fringe benefit or an
hourly case equivalent thereof.
b. If the contractor or subcontractor, as appropriate, does not
make payments to a trustee or other third person, he/she may
consider as a part of the wages of any laborer or mechanic the
amount of any costs reasonably anticipated in providing bona fide
fringe benefits under a plan or program, provided, that the Secretary
of Labor has found, upon the written request of the contractor, that
the applicable standards of the Davis -Bacon Act have been met. The
Secretary of Labor may require the contractor to set aside In a
separate account assets for the meeting of obligations under the plan
Form FHWA -1273 (Rev. 3 -94) Page3
4. Apprentices and Trainees (Programs of the U.S. DOL) and
Helpers:
a. Apprentices:
(1) Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the DOL, Employment and
Training Administration, Bureau of Apprenticeship and Training, or
with a State apprenticeship agency recognized by the Bureau, or if a
person is employed In his/herfirst 90 days of probationary employ-
ment as an apprentice In such an apprenticeship program, who is not
individually registered in the program, but who has been certified by
the Bureau of Apprenticeship and Training are State apprenticeship
agency (where appropriate) to be eligible for probationary employ-
ment as an apprentice.
(2) The allowable ratio of apprentices to journeyman -level
employees on the job site in any craft classification shall not be
greater than the ratio permitted to the contractor as to the entire work
force under the registered program. Any employee listed on a payroll
at an apprentice wage rate, who is not registered or otherwise
employed as stated above, shall be paid not less than the applicable
wage rate listed In the wage determination for the classification of
work actually performed. In addition, any apprentice performing work
on the job site in excess of the ratio permitted under the registered
program shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed. Where a
contractor or subcontractor is performing construction on a project in
a locality other than that in which Its program is registered, the ratios
and wage rates (expressed in percentages of the journeyman -level
hourly rate) specified in the contractor's or subcontractor's registered
program shall be observed.
(3) Every apprentice must be paid at not less than the rate
specified In the registered program for the apprentice's level of
progress, expressed as a percentage of the joumeyman -level hourly
rate specified in the applicable wage determination. Apprentices
shall be paid fringe benefits in accordance with the provisions of the
apprenticeship program. If the apprenticeship program does not
specify fringe benefits, apprentices must be paid the full amount of
fringe benefits listed on the wage determination for the applicable
classification. If the Administrator for the Wage and Hour Division
determines that a different practice prevails for the applicable
apprentice classification, fringes shall be paid in accordance with that
determination.
(4) In the eventthe Bureau ofApprenticeship and Training,
or a State apprenticeship agency recognized by the Bureau, with-
draws approval of an apprenticeship program, the contractor or
subcontractorwill no longer be permitted to utilize apprentices at less
than the applicable predetermined rate for the comparable work
performed by regular employees unfit an acceptable program is
approved.
b. Trainees:
(1) Except as provided in 29 CFR 5.16, trainees will not be
permitted to work at less than the predetermined rate for the work
performed unless they are employed pursuant to and individually
registered In a program which has received prior approval, evidenced
by formal certification by the DOL, Employment and Training
Administration.
(2) The ratio of trainees tojourneyman- level employe
the job site shall not be greater than permitted under thf
approved by the Employment and Training Administration.
employee listed on the payroll at a trainee rate who is not refit
on the wage determination for the classification of work
rformed. In addition, any trainee performing work on the
excess of the ratio permitted under the registered program
rid not less than the applicable wage rate on the wage
ion for the work actually performed.
(3) Every trainee must be paid at not less than the rate
specified In the approved program for his/her level of progress,
expressed as a percentage of the journeyman -level hourly rate
specified in the applicable wage determination. Trainees shall be
paid fringe benefits in accordance with the provisions of the trainee
program. If the trainee program does not mention fringe benefits,
trainees shall be paid the full amount of fringe benefits listed on the
wage determination unless the Administrator of the Wage and Hour
Division determines that there Is an apprenticeship program associ-
ated with the corresponding journeyman -level wage reform thewage
determination which provides for less than full fringe benefits for
apprentices, in which case such trainees shall receive the same
fringe benefits as apprentices.
(4) In the event the Employment and Training Adminislra-
lion withdraws approval of a training program, the contractor or
subcontractor will no longer be permitted to utilize trainees at less
than the applicable predetermined rate for the work performed until
an acceptable program is approved.
c. Helpers:
Helpers will be permitted to work on a project if the helper
classification Is specified and defined on the applicable wage
determination or is approved pursuant to the conformance procedure
set forth In Section IV.2. Any worker listed on a payroll at a helper
wage rate, who is not a helper under a approved definition, shall be
paid not less than the applicable wage rate on the wage determina-
tion for the classification of work actually performed.
5. Apprentices and Trainees (Programs of the U.S. DOT):
Apprentices and trainees working under apprenticeship and skill
training programs which have been certified by the Secretary of
Transportation as promoting EEO in connection with Federal -aid
highway construction programs are not subject to the requirements
of paragraph 4 of this Section IV. The straight time hourly wage rates
for apprentices and trainees under such programs will be established
by the particular programs. The ratio of apprentices and trainees to
journeymen shall not be greater than permitted by the terms of the
particular program.
6. Withholding:
The SHA shall upon Its own action or upon written request of
an authorized representative of the DOL withhold, or cause to be
withheld, from the contractor or subcontractor under this contract or
any other Federal contract with the same prime contractor, or any
other Federally- assisted contract subject to Davis -Bacon prevailing
wage requirements which is held by the same prime contractor, as
much of the accrued payments or advances as may be considered
necessary to pay laborers and mechanics, Including apprentices,
trainees, and helpers, employed by the contractor or any subcontrac-
for the full amount of wages required by the contract. In the event of
failure to pay any laborer or mechanic, including any apprentice,
trainee, or helper, employed or working on the site of the work, all or
partof the wages required by the contract, the SHA contracting officer
may, after written notice to the contractor, take such action as may be
necessary to cause the suspension of any further payment, advance,
or guarantee of funds until such violations have ceased.
7. Overtime Requirements:
No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of
laborers, mechanics, watchmen, or guards (including apprentices,
trainees, and helpers described In paragraphs 4 and 5 above) shall
require or permit any laborer, mechanic, watchman, or guard in any
workweek in which he/she is employed on such work, to work in
excess of40 hours in such workweek unless such laborer, mechanic,
watchman, or guard receives compensation at a rate not less than
one - and - one -half times his/her basic rate of pay for all hours worked
In excess of 40 hours in such workweek.
8. Violation:
Liability for Unpaid Wages; Liquidated Damages: In the event
of any violation of the clause set forth In paragraph 7 above, the
contractor and any subcontractor responsible thereofshall be liable
to the affected employee for his/her unpaid wages.. In addition, such
contractor and subcontractor shall be liable to the United States (in
the case of work done under contract for the District of Columbia or
a territory, to such District or to such territory) for liquidated damages.
Such liquidated damages shall be computed with respect to each
individual laborer, mechanic, watchman, or guard employyed in
violation of the clause set forth in paragraph 7, in the sum of S10 for
each calendar day on which such employee was required or permit-
ted to work in excess of the standard work week of 40 hours without
payment of the overtime wages required by the clause set forth in
paragraph 7.
9. Withholding for Unpaid Wages and Liquidated Damages:
Page 4 Form FH WA -1273 (Rev. 3 -94)
The SHA shall upon its own action or upon written request of any
authorized representative of the DOL withhold, or cause to be
withheld, from any monies payable on account ofwork performed by
the contractor or subcontractor under any such contract or any other
Federal contract with the same firms, contractor, or any other
Federally- assisted contract subject to the Contract Work Hours and
Safety Standards Act, which is held by the same prime contractor,
such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph
8 above.
V. STATEMENTS AND PAYROLLS
(Applicable to all Federal -aid construction contracts exceeding
$2,000 and to all related subcontracts, except for projects located on
roadways classified as local roads or rural collectors, which are
exempt.)
1. Compliance with Copeland Regulations (29 CPR 3):
The contractor shall comply with the Copeland Regulations ofthe
Secretary of Labor which are herein incorporated by reference.
2. Payrolls and Payroll Records:
a. Payrolls and basic records relating thereto shall be
maintained by the contractor and each subcontractor during the
course of the work and preserved for a period of 3 years from the
dale of completion of the contract for all laborers, mechanics,
apprentices, trainees, watchmen, helpers, and guardsworking atthe
site of the work.
b. The payroll records shall contain the name, social security
number, and address of each such employee; his or her correct
classification; hourly rates of wages paid (Including rates of contribu-
tions or costs anticipated for bona fide fringe benefits or cash
equivalent thereof the types described In Section 1(b)(2)(B) of the
Davis Bacon Act); daily and weekly number of hhours worked;
deductions made; and actual wages paid. In addition, for Appala-
chian contracts, the payroll records shall contain a notation Indicating
whether the employee does, or does not, normally reside In the labor
area as defined in Attachment A, paragraph 1. Whenever the
Secretary of Labor, pursuant td Section IV, paragraph 3b, has found
that the wages of any laborer or mechanic include the amount of any
costs reasonably anticipated In providing benefits under a plan or
program described In Section 1(b)(2)(B) of the Davis Bacon Act, the
contractor and each subcontractor shall maintain records which show
that the commitment to provide such benefits Is enforceable, that the
plan or program Is financially responsible, that the plan or program
ad, and show the cost anticipated or the actual cost Incurred In
IIng benefits. Contractors or subcontractors employing
micas or trainees under approved programs shall maintain
i evidence of the registration of apprentices and trainees, and
and wage rates prescribed in the applicable programs.
G. Each contractor and subcontractor shall furnish, each week
ich any contract work is performed, to the SHA resident
4 and 5,
to be
may be submitted In any form desired. Optional Form VVH -347 is
available for this purpose and may be purchased from the Superin-
tendent of Documents (Federal stock number 029 - 005 - 0014 -1), U.S.
Government Printing Office, Washington, D.C. 20402. The prime
contractor is responsible for the submission of copies of payrolls by
all subcontractors.
d. Each payroll submitted shall be accompanied by a "State-
ment of Compliance," signed by the contractor or subcontractor or
his/her agant who pays or supervises the payment of the persons
employed under the contract and shall certify the following:
(1) that the payroll for the payroll period contains the
information required to be maintained under paragraph 2b of this
Section V and that such Information is correct and complete;
(2) that such laborer or mechanic (including each helper,
apprentice, and trainee) employed on the contract during the payroll
period has been paid the full weekly wages earned, without rebate,
either directly or indirectly, and that no deductions have been made
either directly or indirectly from the full wages earned, other than
permissible deductions as set forth in the Regulations, 29 CFR 3;
(3) that each laborer or mechanic has been paid not less
that the applicable wage rate and fringe benefits or cash equivalent
for the classification of worked performed, as specified in the
applicable wage determination incorporated into the contract.
e- The weekly submission of a properly executed certification
set forth on the reverse side of Optional Form WH -347 shall satisfy
the requirement for submission of the "Statement of Compliance"
required by paragraph 2d of this Section V.
I. The falsification of any of the above certifications may
subject the contractor to civil orcriminal prosecution under 16 U.S.C.
1001 and 31 U.S.C. 231.
g. The contractor or subcontractor shall make the records
required under paragraph 2b of this Section V available for Inspec-
tion, copying, or transcription by authorized representatives of the
SHA, the FHWA, or the DOL, and shall permit such representatives
to interview employees during working hours on the job. If the
contractor or subcontractor fails to submit the required records or to
make them available, the SHA, the FHWA, the DOL, or all may, after
written notice to the contractor, sponsor, applicant, or owner, take
such actions as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds. Furthermore,
failure to submit the required records upon request or to make such
records available may be grounds for debarment action pursuant to
29 CFR 5.12.
VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR
1. On all Federal -aid contracts on the National Highway System,
except those which provide solely for the Installation of protective
devices at railroad grade crossings, those which are constructed on
a force account ordlrect laborbasis, highway beautification contracts,
and contracts for which the total final construction cost for roadway
and bridge is less than $1,000,000 (23 CFR 635) the contractor shall:
a. Become familiar with the list of specific materials and
supplies contained In Form FHWA 47, "Statement of Materials and
Labor Used by Contractor of Highway Construction Involving Federal
Funds," prior to the commencement of work under this contract.
b. Maintain a record of the total cost of all materials and
supplies purchased for and Incorporated in thework, and also ofthe
quantities of those spec materials and supplies listed on Form
FHWA -47, and in the units shown on Form FHWA -47.
c. Furnish, upon the completion of the contract, to the SHA
resident engineer on Form FHWA -47 together with the data required
In paragraph 11a relative to materials and supplies, a final labor
summary of all contract work indicating the total hours worked and
the total amount earned.
2. At the prime contractor's option, either a single report covering
all contract work or separate reports for the contractor and for each
subcontract shall be submitted.
VII. SUBLETTING OR ASSIGNING THE CONTRACT
1. The contractor shall perform with its own organization contract
work amounting to not less than 30 percent (or a greater percentage
if specified elsewhere In the contract) of the total original contract
price, excluding any specialty items designated byy the State.
Specialty items may be performed by subcontract and the amount of
any such specialty items performed may be deducted from the total
original contract pprice before computing the amount of work required
to be performed by the contractor's own organization (23 CFR 635).
a. "Its own organization" shall be construed to Include only
workers employed and paid directly by the prime contractor and
equipment owned or rented by the prime contractor, with or without
operators. Such term does not include employees or equipment of
Form FHWA -1273 (Rev. 3 -94) Page 5
a subcontractor, assignee, or agent of the prime contractor.
b. 'Specialty Items" shall be construed to be limited to work
that requires highly specialized knowledge, abilities, orequipment not
ordinarily available In the type of contracting organizations qualified
and expected to bid on the contract as a whole and in general are to
be limited to minor components of the overall contract.
2. The contract amount upon which the requirements set forth in
paragraph i of Section VII is computed Includes the cost of material
and manufactured products which are to be purchased or produced
by the contractor under the contract provisions.
3. The contractor shall furnish (a) a competent superintendent or
supervisor who is employed by the firm, has full authority to direct
performance of the work In accordance with the contract require-
ments, and is in charge of all construction operations (regardless of
who performs the work) and (b) such other of its own organizational
resources (supervision, management, and engineering services) as
the SHA contracting officer determines Is necessary to assure the
performance of the contract.
4. No portion of the contract shall be sublet, assigned or otherwise
disposed of except with the written consent of the SHA contracting
officer, or authorized representative, and such consent when given
shall not be construed to relieve the contractor of any responsibility
for the fulfillment of the contract. Written consent will be given only
after the SHA has assured that each subcontract Is evidenced in
venting and that it contains all pertinent provisions and requirements
of the prime contract.
VIII. SAFETY: ACCIDENT PREVENTION
1. In the performance of this contract the contractor shall comply
with all applicable Federal, State, and local laws governing safety,
health, and sanitation (23 CFR 635). The contractor shall provide all
safeguards, safety devices and protective equippment and take any
other needed actions as it determines, or as the BHA contracting
officer may determine, to be reasonably necessary to protect the life
and health of employees on the job and the safety of the public and
to protect property in connection with the performance of the work
covered by the contract.
2. It is a condition of this contract, and shall be made a condition
of each subcontract, which the contractor enters Into pursuant to this
contract, that the contractor and any subcontractor shall not permit
any employee, in performance of the contract, to work in surround-
ings or under conditions which are unsanitary, hazardous or danger-
ous to his/her health or safely, as determined under construction
safety and health standards (29 CFR 1926) promulgated by the
Secretary of Labor, in accordance with Section 107 of the Contract
Work Hours and Safety Standards Act (40 U.S.C. 333).
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that
the Secretary of Labor or authorized representative thereof, shall
have right of entry to any site of contract performance to inspect or
investigate the matterof compliance with the construction safety and
health standards and to carry out the duties of the Secretary under
Section 107 of the Contract Work Hours and Safety Standards Act
(40 U.S.C. 333).
IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
r to assure high quality and durable construction in confor-
approved plans and specifications and a high degree of
on statements and representations made by enaineers.
functions as carefully, thoroughly, and honestly as possible. Willful
falsification, distortion, ormisrepresentatlon with respect to any facts
related to the project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and similar
acts, the following notice shall be posted on each Federal -aid
highway project (23 CFR 635) in one or more places where it is
readily available to all persons concerned with the project:
NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID
HIGHWAY PROJECTS
18 U.S.C. 1020 reads as follows:
'Whoever, being an officer, agent, or employee of the United
States, or of any State or Territory, or whoever, whether person,
association, firm, or corporation, knowingly makes any false state-
ment, false representation, orfalse report as lathe character, quality,
quantity, orcost ofthe material used or to be used, or the quantity or
quality of the work perfomred or to be performed, or the cost thereof
in connection with the submission of plans, maps, specifications,
contracts, or costs of construction on any highway or related project
submitted for approval to the Secretary of Transportation,, or
Whoeverknmvingly makes any false statement, false representa-
tion, false report or false claim with respect to the character, quality,
quantity, or cost of any work performed or to be performed, or
materials furnished or to be furnished, in connection with the
construction of any highway or related project approved by the
Secretary of Transportation; or
Whoeverknowinglymakesanyfalse statementorfalse representa-
tion as to material fact in any statement certificate, or report
submitted pursuant to provisions of the Federal -aid Roads Act
approved July 1, 1916, (39 Stat. 355), as amended and supple-
mented;
Shall be fined not more that $10,000 or imprisoned not more than
5 years or both."
X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT
(Applicable to all Federal -aid construction contracts and to all related
subcontracts of $100,000 or more.)
By submission of this bid or the execution of this contract, or
subcontract, as appropriate, the bidder, Federal -aid construction
contractor, or subcontractor, as appropriate, will be deemed to have
stipulated as follows:
1. That any facility that is orwill be utilized in the performance of this
contract, unless such contract is exempt under the Clean Air Act, as
amended (42 U.S.C. 1857 et seer ., as amended by Pub.L. 91 -604),
and under the Federal Water Pollution Control Act, as amended (33
U.S.C. 1251 at se ., as amended by Pub.L. 92 -500), Executive Order
11738, and regu ations in implementation thereof (40 CFR 15) Is not
listed, on the dale of contract award, on the U.S. Environmental
Protection Agency (EPA) List of Violating Facilities pursuant to 40
CFR 15.20.
2. That the firm agrees to comply and remain in compllance with all
the requirements of Section 114 of the Clean AirAct and Section 308
of the Federal Water Pollution Control Act and all regulations and
guidelines listed thereunder.
3. That the firm shall promptly notify the SHA of the receipt of any
communication from the Director, Office of Federal Activities, EPA,
indicating that a facility that is or will be utilized for the contract is
underconsideration to be listed on the EPA List of Violating Facilities.
4. That the firm agrees to include or cause to be included the
requirements of paragraph 1 through 4 of this Section X In every
nonexempt subcontract, and further agrees to take such action as the
government may direct as a means of enforcing such requirements.
XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION
1. Instructions for Certification - Primary Covered Transac-
tions:
(Applicable to all Federal -aid contracts - 49 CFR 29)
a. By signing and submitting this proposal, the prospective
primary participant Is providing the certification set out below.
b. The inability of a person to provide the certification set out
below will not necessarily result in denial of participation in this
covered transaction. The prospective participant shall submit an
explanation of why it cannot provide the certification set out below.
The certification or explanation will be considered in connection with
the department or agency's determination whether to enter Into this
transaction. However, failure of the prospective primary participant
to furnish a certification or an explanation shall disqualify such a
person from participation in this transaction.
c. The certification in this clause is a material representation
of fact upon which reliance was placed when the department or
agency determined to enter into this transaction. If it is later deter-
mined that the prospective primary participant knowingly rendered an
erroneous certification, in addition to other remedies available to the
Federal Government, the department or agency may terminate this
Page 6 Form FH WA -1273 (Rev. 3 -94)
transaction for cause of default.
d. The prospective primary participant shall provide immediate
written notice to the department or agency to whom this proposal is
submitted if any time the prospective primary participant learns that
Its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
e. The terms "covered transaction," "debarred," "suspended,"
"ineligible," "lower tier covered transaction; "'participant," "person,"
"primary covered transaction; "'principal," "propose l," and "vol unitedly
excluded," as used In this clause, have the meanings set out in the
Definitions and Coverage sections of rules implementing Executive
Order 12540. You may contact the department or agency to which
this proposal is submitted for assistance in obtaining a copy of those
regulations.
f. The prospective primary participant agrees by submitting this
proposal that, should the proposed covered transaction be entered
into, It shall not knowingly enter Into any lower tier covered transac-
tion with a person who is debarred, suspended, declared Ineligible,
or voluntarily excluded from participation in this covered transaction,
unless authorized by the department or agency entering Into this
transaction.
g. The prospective primary participant further agrees by
submitting this proposal that twill Include the clause titled "Cedifica-
tion Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion -Lower Tier Covered Transaction," provided by the
department or agency entering into this covered transaction, without
modification, in all lower tier covered transactions and in all solicita-
tions for lower tier covered transactions.
h. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, orvoluntarily
excluded from the covered transaction, unless it knows that the
certification is erroneous. A participant may decide the method and
frequency by which It determines the eligibility of its principals. Each
participant may, but is not required to, check the nonprocurement
portion of the "Lists of Parties Excluded From Federal Procurement
or Nonprocurement Programs" ( Nonprocurement List) which Is
compiled by the General Services Administration.
I. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order. to render in
good faith the certification required by this clause. The knowledge
and Information of participant is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of
business dealings.
Except for transactions authorized under pare graph f of
these Instmctlons, if a participant in a covered transaction knowingly
enters Into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies available
to the Federal Government, the department or agency may terminate
this transaction for cause or default.
Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion -- Primary Covered Transactions
1. The prospective primary participant certifies to the best of its
knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for
debarment, declared ineligible, orvolunlarfy excluded from covered
transactions by any Federal department or agency;
b. Have not within a 3 -year period preceding this proposal
been convicted of or had a civil judgement rendered against them for
commission of fraud or a criminal offense in connection with obtain-
ing, attempting to.obtain, or performing a public (Federal, State or
local) transaction or contract under a public transaction; violation of
Federal or State antitrust statutes or commission of embezzlement,
then, forgery, bribery, falsification or destruction of records, making
false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally orciviliy
charged by a governmental entity (Federal, State or local) with
commission of any of the offenses enumerated in paragraph lb of
this certification; and
d. Have not within a 3 -year period preceding this applica-
tion /proposal had one or more public transactions (Federal, State or
local) terminated for cause or default.
2. Where the prospective primary participant is unable to certify to
any of the statements in this certification, such prospective participant
shall attach an explanation to this proposal.
2. Instructions for Certification -LowerTlerCoveredTransac-
tions:
(Applicable to all subcontracts, purchase orders and other lower
tier transactions of $25,000 or more- 49 CFR 29)
a. By signing and submitting this proposal, the prospective
lower tier is providing the certification set out below.
b. The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction was
entered into. If It is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in addition
to other remedies available to the Federal Government, the depart-
ment, or agency with which this transaction originated may pursue
available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide Immedi-
ate written notice to the person to which this proposal is submitted if
at any time the prospective lower tier participant learns that its
certification was erroneous by reason of changed circumstances.
d. The terms " covered transaction;' "debarred," "suspended,"
"Ineligible primary covered transaction," "participant,"
"principal," "proposal," and "voluntadly excluded;' as used in this
clause, have the meanings set out in the Definitions and Coverage
sections of rules implementing Executive Order 12549. You may
contact the person to which this proposal is submitted for assistance
In obtaining a copy of those regulations.
e. The prospective lower tier participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered Into, it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, declared
Ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency with
which this transaction originated.
f. The prospective lower tier participant further agrees by
submitting this proposal that Itwill include this clause tiged "Certifica-
tion Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion -Lower Tier Covered Transaction," without modification, In
all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
g. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that Is not debarred, suspended, ineligible, or voluntarily
excluded from the covered transaction, unless it knows that the
certification is erroneous. A participant may decide the method and
Form FHWA -1273 (Rev. 3 -94) Pa9e7
frequency bywhich it determines the eligibility of its principals. Each
participant may, but is not required to, check the Nonprocurement
List.
h. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render in
good faith the certification required by this clause. The knowledge
and information of participant is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of
business dealings.
i. Except for transactions authorized under paragraph a of
these instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to otherremedies available
to the Federal Government, the department oragency with which this
transaction originated may pursue available remedies, Including
suspension and /or debarment.
Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion - -Lower Tier Covered Transactions:
1. The prospective lower tier participant certifies, by submission of
this proposal, that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or volun-
tadly excluded from participation in this transaction by any Federal
department or agency.
2. Where the prospective lower tier participant Is unable to certify
to any of the statements in this codification, such prospective
participant shall attach an explanation to this proposal.
XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS
FOR LOBBYING
(Applicable to all Federal -aid construction contracts and to all
related subcontracts which exceed $100,000 - 49 CFR 20)
1. The prospective participant certifies, by signing and submitting
this bid or proposal, to the best of his or her knowledge and belief,
that:
a. No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for influencing
or attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering Into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative
agreement.
b. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for Influencing or attempting
to influence an officer or employee of any Federal agency, a Member
of Congress, an officer or employee of Congress, or an employee of
a Memberof Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form -LLL, "Disclosure Form to Report Lobbying' in
accordance with its instructions.
2. This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or entering
Into this transaction imposed by 31 U.S.C. 1352. Any person who
fails to file the required certification shall be subject to a civil penalty
of not less than $10,000 and not more than $100,000 foreach such
failure.
3. The prospective participant also agrees by submitting his or her
bid or proposal that he or she shall require that the language of this
certification be included in all lower tier subcontracts, which exceed
$100,000 and that all such recipients shall certify and disclose.
accordingly.
Page 6 Form FH WA -1273 (Rev. 3 -94)
A� °� CERTIFICATE OF LIABILITY INSURANCE
4/10/2012 Y'
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
CONTACT Julie Vincent
NAME:
PHONE (515) 967 -0489 �� Net (515196'1 -2165
Insurance Station
E-MAIL ulie. vincent@insurancestationinc.com
ADORESS:j
116 2nd St BE
PO BOX 219
INSURERS AFFORDING COVERAGE
NAIC #
INSURERA:Secura
EACH OCCURRENCE
Altoona IA 50009
INSURED
INSURER e :
INSURER C:
0-CP- 009277420 -1 /000
J & L Construction LLC
INSURER D:
PREMISES Eaoccunem
1971 Lexington Blvd
INSURER E :
$ 51000
PERSONAL B ADV INJURY
INSURER F:
Washington IA 52353 -9296 1
COVERAGES CERTIFICATENUMBERMASTER REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
INSR
LTR
TYPE OF INSURANCE
ADDL
Im
S BR
3M
POLICY NUMBER
POLICY EFF
MMIDDA'YYY
POLICY EXP
MMIDDIYYYY
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$ 2,000,000
A
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE OCCUR
0-CP- 009277420 -1 /000
/3/2011
/3/2012
PREMISES Eaoccunem
$ 100,000
MED EXP(Any one person)
$ 51000
PERSONAL B ADV INJURY
$ 2,000,000
GENERAL AGGREGATE
$ 4,000,000
GEN'L AGGREGATE LIMIT APPLIES PER
PRODUCTS - COMP /OP AGG
$ 4,000,000
X POLICY PRO- LOG
JECT
$
AUTOMOBILE
LIABILITY
OMBBIINEDI SINGLE LIMIT
1,000,000
X
BODILY INJURY (Par person)
S
A
ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
0-CP- 009277420 -1 /000
/3/2011
/3/2012
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
Per accident
$
HIRED AUTOS NON -OWNED
AUTOS
Undennsured motorist
$ 1 000 000
X
UMBRELLA LIAB
X
OCCUR
EACH OCCURRENCE
5 5,000,000
AGGREGATE
$
A
EXCESS LIAB
CLAIMS -MADE
DED RETENTION$
$
O -CP- 009277420 -1 /000
/3/2011
/3/2012
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y/N
ANY PROPRIETORIPARTNEWEXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory In NH)
N/A
0-CP- 009277420 -1 /000
/3/2011
/3/2012
STATU- 0TH -
M !i
EL EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
5 1,000 000
If yea, descme under
DESCRIPTION OF OPERATIONS Belem
E. L. DISEASE - POLICY LIMIT
S 1,000,000
Property /Tools
DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, it more space is required)
The City of Iowa City, Iowa is listed as Additional Insured.
Project Name: Court Hill Trail - Phase 3 IDOT Project # NRT- 3715(649) -9G -52
Bid Order #106 - Johnson Co.
Contract ID: 52- 3715 -649 -A
City of Iowa City
410 E Washington St.
Iowa City, IA 52240 -1826
ACORD 25 (2010/05)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Vincent /SHAN
INSn26 r?ntnnstm Th. Ar f)Pn nom. and Innn .r. roniet.,.d morbe of Ar:r)Pn
CORPORATION. All rights reserved.
�c .
oaJ
2d(2)
Prepared by: Josh Slattery, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5149
RESOLUTION NO. 13 -249
RESOLUTION ACCEPTING THE WORK FOR THE COURT HILL TRAIL -
PHASE THREE NRT- 3715(649)- -9G -52 PROJECT
WHEREAS, the Engineering Division has recommended that the work for construction of the
Court Hill Trail - Phase Three NRT- 3715(649)- -9G -52 Project, as included in a contract between
the City of Iowa City and J & L Construction, LLC of Washington, Iowa, dated April 20, 2012, 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 Scott Park Development & Trail account #
4219; and
WHEREAS, the final contract price is $489,355.76.
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 6th day of August 20 13
ATTEST � jJ w)
CITY CLERK
&V ` n
MAYOR
Approved by
City Attorney's Office y�75�(3
It was moved by Champion and seconded by Payne the Resolution be
adopted, and upon roll call there were:
AYES:
x
x
x
Y
x
x
x
Pweng /masters /acptwork.doc
7/13
NAYS:
F.1119clus
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton