HomeMy WebLinkAboutWETHERBY PARK CDBG TRAIN IMPROVEMENTSWETHERBY PARK CDBG TRAIL IMPROVEMENTS
04 -Aug -2020 Plans, Specs, proposal and contract, estimate of cost
04 -Aug -2020 Res 20-185, setting a public hearing
08 -Aug -2020 Notice of public hearing
18 -Aug -2020 Res 20-197, approving project manual, estimate of cost
20 -Aug -2020 Notice to bidders
15 -Sep -2020 Res 20-225, awarding contract (McComas Lacina Construction)
11 -Jun -2021 Performance, payment and maintenance bond
05 -Jul -2021 Engineers Report
06 -Jul -2021 Res 21-186, accepting the work
0005
CERTIFICATIONS PAGE
I hereby certify that the portion of this technical submission described
lE OFAObelow was prepared by me or under my direct supervision and
SSP I responsible charge. I am a duly Licensed Professional Landscape
'f NICHOLAS H. 4 Architect under the Laws of the State of Iowa.
A STRENG Nicholas H. Streng Date
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s N0 c? License Number 553
/p�9! 553 �QQ Pages or sheets covered by this seal:
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License Expires:
June 30, 2021
Wetherby Park CDBG Trail Improvements 0005 — Page 1 of 1
0010
TABLE OF CONTENTS
PROJECT MANUAL
0005
CERTIFICATIONS PAGE
0010
TABLE OF CONTENTS
0100
NOTICE TO BIDDERS
0110
NOTICE OF PUBLIC HEARING
0200
INSTRUCTIONS TO BIDDERS
0400
PROPOSAL
0405 BIDDER STATUS FORM
0410 BID BOND FORM
0500 CONTRACT
0510 PERFORMANCE, PAYMENT, AND MAINTENANCE BOND
0520 CONTRACT COMPLIANCE
0530 WAGE THEFT POLICY
SUDAS STANDARD SPECIFICATIONS
GENERAL SUPPLEMENTAL SPECIFICATIONS
SUPPLEMENTAL SPECIFICATIONS
SPECIAL PROVISIONS - PART 1 AND 2
SPECIAL CONDITIONS - SUPPLEMENT FOR ALL CDBG/HOME CONTRACTS AND
AGREEMENTS
ACTION PLAN FOR ACCIDENTAL DISCOVERY
WAGE DETERMINATION
Wetherby Park CDBG Trail Improvements 0010 — Page 1 of 1
!n —1, ! I I,. I -�
0100
NOTICE TO BIDDERS
WETHERBY PARK CDBG TRAIL IMPROVEMENTS
Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:00 p.m.
on the 8th day of September, 2020. Sealed proposals will be opened immediately thereafter. Bids
submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project.
Proposals received after this deadline will be returned to the bidder unopened. Proposals will be
acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 p.m.
on the 151h day of September, 2020, or at special meeting called for that purpose. A public hearing
will be held during this meeting.
The Project will involve the following:
Base Bid:
Construction of Wetherby Park CDBG Trail Improvements shall include, but not limited to,
granular trail removal, new PCC trail, finish grading, seeding, and associated work.
All work is to be done in strict compliance with the Project Manual prepared by Snyder &
Associates, Inc., of Iowa City, Iowa, which has heretofore been approved by the City Council, and
are on file for public examination in the Office of the City Clerk.
Each proposal shall be completed on a form furnished by the City and must be submitted in a
sealed envelope. In addition, a separate sealed envelope shall be submitted containing a
completed Bidder Status Form and a bid security executed by a corporation authorized to contract
as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made
payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the
City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10)
calendar days of the City Council's award of the contract and post bond satisfactory to the City
(in the form shown in Section 0510) ensuring the faithful performance of the contract and
maintenance of said Project, if required, pursuant to the provisions of this notice and the other
contract documents. The City shall retain the bid security furnished by the successful bidder until
the approved contract has been executed, the required Performance, Payment, and Maintenance
Bond (as shown in Section 0510) has been filed by the bidder guaranteeing the performance of
the contract, and the contract and security have been approved by the Uy, The City shall
promptly return the checks or bidder's bonds of unsuccessful bidders to the bidders as soon as
the successful bidder is determined or within thirty days, whichever is sooner.
The successful bidder will be required to furnish a Performance, Payment, and Maintenance Bond
in an amount equal to one hundred percent (100%) of the contract price and in the form shown in
Section 0510, said bond to be issued by a responsible surety approved by the City, and shall
guarantee the prompt payment of all materials and labor, and also protect and save harmless the
City from all claims and damages of any kind caused directly or indirectly by the operation of the
contract, and shall also guarantee the maintenance of the improvement for a period of Five (5)
year(s) from and after its completion and formal acceptance by the City Council.
Wetherby Park CDBG Trail Improvements 0100 — Page 1 of 2
The following limitations shall apply to this Project:
Specified Start Date:
September 21, 2020
Substantial Completion:
November 15, 2020
Final Completion:
May 1, 2021
Liquidated Damages:
$500.00 per day
The Project Manual may be examined at the office of the City Clerk. Copies thereof and blank
forms may be secured at the office of Technigraphics, a division of Rapids Reproductions located
at 415 Highland Ave, Suite 100, Iowa City, Iowa 52240, Phone: 319-354-5950, Fax: 319-354-
8973, Toll -Free: 800-779-0093, by bona fide bidders.
A $50,00 fee plus $20.00 for shipping and handling is required for each set of plans and
specifications provided to bidders or other interested persons. The fee shall be in the form of a
check, made payable to the City of Iowa City, Iowa, by bona fide bidders. The $50.00 deposit will
be refunded to plan holders who return the bidding documents in good condition within 14 days
after receipt of bids.
Prospective bidders are advised that the City of Iowa City desires to employ minority contractors
and subcontractors on City projects. A listing of minority contractors can be obtained from the
Iowa Department of Inspections and Appeals at (515) 281-5796 and the Iowa Department of
Transportation Contracts Office at (515) 239-1422.
Bidders shall list on the Proposal the names of persons, firms, companies or other parties with
whom the bidder intends to subcontract. This list shall include the type of work and approximate
subcontract amount(s).
The Contractor awarded the contract shall list on the Contract its subcontractors, together with
quantities, unit prices and extended dollar amounts.
By virtue of statutory authority, preference must be given to products and provisions grown and
coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required
under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project.
The City reserves the right to reject any or all proposals, and also reserves the right to waive
technicalities and irregularities.
Posted upon order of the City Council of Iowa City, Iowa. -
KELLIE FRUEHLING, CITY CLERK <
Wetherby Park CDBG Trail Improvements 0100 — Page 2 of 2
0110
NOTICE OF PUBLIC HEARING
NOTICE OF PUBLIC HEARING ON PROJECT MANUAL AND
ESTIMATED COST FOR THE WETHERBY PARK CDBG
TRAIL IMPROVEMENTS 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 the
Project Manual, including the plans, specifications, contract,
and estimated cost for the construction of the Wetherby Park
CDBG Trail Improvements in said city at 7:00 p.m. on the 18th
day of August, 2020, said meeting to be held in the Emma J.
Harvat Hall in the City Hall, 410 East 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.
This project includes a Base Bid consisting of construction
of Wetherby Park CDBG Trail Improvements and shall include,
but not limited to, demolition of existing granular trail, new PCC
trail, finish grading, seeding, and associated work as shown on
the plans.
Said Project Manual and estimated cost are now on file in
the office of the City Clerk in the City Hall in Iowa City, Iowa,
and may be inspected by any interested persons.
Any interested persons may appear at said meeting of the
City Council for the purpose of making objections to and
comments concerning said Project Manual 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.
Kellie K. Fruehling, City Clerk
Wetherby Park CDBG Trail Improvements 0110 — Page 1 of 1
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Wetherby Park CDBG Trail Improvements 0110 — Page 1 of 1
2020 AUG -4 PH 4: 16
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0200
INSTRUCTIONS TO BIDDERS
WETHERBY PARK CDBG TRAIL IMPROVEMENTS
Optional Pre -Bid Meeting:
a. Meeting to be held August 27, 2020, at 2:00 p.m. at the Engineering Conference
room in City Hall located at 410 E. Washington Street, Iowa City, Iowa.
2. Bid Submittals:
a. Bid submittals to be received by the City Clerk until 2:00 p.m., September 8, 2020,
at City Clerk's Office located at 410 East Washington Street, Iowa City, Iowa 52240
b. Submittals include two separate sealed envelopes:
Envelope 1: Bid Security and Bidder Status Form
Envelope 2: Proposal
C. See Section 1020, as may be supplemented, for complete descriptions of proposal
requirements and conditions.
3. Bidder Status
a. Use the Bidder Status Form included in Section 0405.
b. Submit in accordance with 0200.2.b above.
C. See Section 0405 for the Worksheet: Authorized to Transact Business and 875
Iowa Administrative Code Chapter 156 (73A), found at the following website:
httns-//www.leais.iowa.aov/docs/iac/chapter/08-15-2018.875.156.pdf, for
assistance in completing the form.
4. Bid Security:
a. Use the Bid Bond Form included in Section 0410.
b. Submit in accordance with 0200.2.b above.
C. Bid security is 10% of the total bid, including all added alternates (do not deduct
the amount of deducted alternates).
d. See Section 1020, as may be supplemented, for a complete description of the bid
security requirements.
5. Progress and Schedule:
a. Contract Times:
Specified Start Date: September 21, 2020
Substantial Completion: November 15, 2020 -
Final Completion: May 1, 2021 —
Liquidated Damages: $500.00 per day
b. Work Restrictions:
I. No work shall be done between 10:00 pm and 7:00 am without the approval
of the Engineer, with the exception of saw cutting freshly poured concrete.
ii. Notify the Engineer four days in advance of street closings so that a press
release can be issued. No street may be closed without the Engineer's
approval and said notification.
C. Community Events:
i. No work shall occur on University of Iowa Home Football game days.
Wetherby Park CDBG Trail Improvements 0200 — Page 1 of 2
6. Performance, Payment and Maintenance Bond:
a. The successful bidder will be required to furnish a bond in an amount equal to one
hundred percent (100°/x) of the contract price for a period of Five (5) year(s) after
its completion and formal acceptance by the City Council.
b. Use the Performance, Payment, and Maintenance Bond Form included in Section
0510.
C. See Section 1070, Part 3, as may be supplemented, for a complete description of
the bonding requirements.
7. Insurance Requirements:
a. The City of Iowa City is to be listed on the required insurance certificate, as an
additional insured on a primary and non-contributory basis. Review this
requirement with your insurance broker prior to bidding.
b. See Section 1070, Part 3, as may be supplemented, for a complete description of
the insurance requirements.
8. Taxes:
a. Sales Tax Exemption Certificates will be issued according to Section 10201.08 of
the Supplemental Specifications.
9. Contract Compliance:
a. For all contracts of $25,000 or more, the Contractor shall abide by the
requirements of the City's Contract Compliance Program, as described in the
Section 0520.
10. Wage Theft Policy:
a. For all contracts of $25,000 or more, the Contractor shall abide by the
requirements of the City's Wage Theft Policy, as described in Section 0520.
11. References:
a. The successful bidder and all of its subcontractors are required to submit at least
four (4) days prior to award three (3) references involving similar projects, including
at least one municipal reference. Award of the bid or use of specific subcontractors
may be denied if sufficient favorable references are not verified or based on past
experience on projects with the City of Iowa City.
b. References shall be addressed to the City Engineer and include the nam —dress
and phone number of the contact person, for City verification. c
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Wetherby Park CDBG Trail Improvements 0200 – Page 2 of 2
0400
PROPOSAL
WETHERBY PARK CDBG TRAIL IMPROVEMENTS
CITY OF IOWA CITY
Please DO NOT USE the proposal included in the bound volume of the specifications. Separate
copies of this form are contained with this document.
The following documents must be submitted as printed. No alterations, additions, or deletions
are allowed. If the Bidder notes a requirement in the contract documents that the Bidder believes
will require a conditioned or unsolicited alternate bid, the Bidder must immediately notify the
Engineer in writing. The Engineer will issue any necessary interpretation by an addendum.
Name of Bidder:
Address of Bidder:
TO: City Clerk
City of Iowa City
City Hall
410 East Washington Street
Iowa City, Iowa 52240
The undersigned bidder submits herewith bid security in the amount of
, in accordance with the terms set forth in the Project Manual.
The undersigned bidder, having examined and determined the scope of the
Contract, hereby proposes to provide the required labor, services, materials and equipment and
to perform the Project as described in the Project Manual, including Addenda
, and , and to do all work at the prices set forth herein.
The undersigned bidder further proposes to do all "Extra Work" which may
be required to complete the work contemplated, at unit prices or lump sums to be agreed upon in
writing prior to starting such work.
The undersigned bidder certifies that this proposal is made in good faith, and
without collusion or connection with any other person or persons bidding on the wow,
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0
The undersigned bidder states that this proposal is mE�,cCformitywith
the Contract and agrees that, in the event of any discrepancies or difference4o,WeL'the Various
3-
items included in the Contract, Supplemental Specification Section 1040, 1ghaik'71 govef
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Wetherby Park CDBG Trail Improvements 0400 — Page 1 of 4
BID EST. UNIT EXTENDED
ITEM DESCRIPTION UNITS QTY COST AMOUNT
BASE BID
1 Topsoil
LS
1
2 Pavement, PCC, 6"
SY
2,055
3 Hydraulic Seeding, Fertilizing and Mulching
LS
1
4 Construction Survey
LS
1
5 Mobilization
LS
1
6 Concrete Washout
LS
1
7 Demolition Work
LS
1
TOTAL BASE BID AMOUNT
The Bidder may submit computer-generated unit price table in accordance with the Special
Provisions.
Wetherby Park CDBG Trail Improvements 0400 — Page 2 of 4
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Wetherby Park CDBG Trail Improvements 0400 — Page 2 of 4
The names of those persons, firms, companies or other parties with whom we intend to enter into
a subcontract, together with the type of subcontracted work and approximate dollar amount of the
subcontract, are as follows:
NOTE: All subcontractors are subject to approval by City of Iowa City.
Wetherby Park CDBG Trail Improvements 0400 — Page 3 of 4
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Wetherby Park CDBG Trail Improvements 0400 — Page 3 of 4
The undersigned Bidder is a/an:
❑
Individual, Sole Proprietorship
❑
Partnership
❑
Corporation
❑
Limited Liability Company
❑
Joint venture
❑
Other
Its Public Registration Number issued by the Iowa Commissioner of Labor, pursuant to Section
91C.5 of the Iowa Code is:
Failure to provide said Registration Number shall result in the bid being read under advisement.
A contract will not be executed until the Contractor is registered to do business in the State of
Iowa.
Bidder's Name
N
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Signature
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--i C-)
Ir -n-
Printed Name
-.:<
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J
Title
Street Address
City, State, Zip Code
Telephone Number
NOTE: The signature on this proposal must be an original signature in ink; copies,
facsimiles, or electronic signatures will not be accepted.
Wetherby Park CDBG Trail Improvements 0400 — Page 4 of 4
0405
BIDDER STATUS FORM
All bidders must submit the following completed form to the governmental body requesting bids per
To be completed by all bidders Part A
❑ Yes ❑ No My company is authorized to transact business in Iowa.
(To help you determine ijyour company is authorized, please review the Worksheet: Authorization to Transact Business).
❑ Yes ❑ No My company has an office to transact business in Iowa.
❑ Yes ❑ No My company's office in Iowa is suitable for more than receiving mail, telephone calls, and e-mail.
❑ Yes ❑ No My company has been conducting business in Iowa for at least 3 years prior to the first request for bids on this
project.
❑ Yes ❑ No My company is not a subsidiary of another business entity or my company is a subsidiary of another business
entity that would qualify as a resident bidder in Iowa.
If you answered "Yes" for each question above, your company qualifies as a resident bidder. Please complete
Parts B and D of this form.
If you answered "No" to one or more questions above, your company is a non-resident bidder. Please complete
Parts C and D of this form.
To be completed by resident bidders Part B
Dates
to Address:
(mm/dd/yyyy) City, State, Zip Code:
Dates
to Address:
(mm/dd/yyyy) City, State, Zip Code:
Dates
to Address:
0
(mm/ddlyyyy) City, State, Zip Code: o
You nrar attach additional ,rheet(s)ifneeded. --
G
To be completed by non-resident bidders y Part C
1. Name of home state or foreign country reported to the Iowa Secretary of State: �; q
2. Does your company's home state or foreign country offer preference to bidders who are residents? 15:Yes ❑ No
3. If you answered "Yes" to question 2, identify each preference offered by your company's home state or foreign country and the
appropriate legal citation.
You may attach additional sheet(s) ifneeded.
To be completed by all bidders Part D
1 certify that the statements made on this document are true and complete to the best of my knowledge and I know that my failure to
provide accurate and truthful information may be a reason to reject my bid.
Firm Name:
Signature: Date:
Wetherby Park CDBG Improvements 0405 — Page 1 of 2
WORKSHEET: AUTHORIZATION TO TRANSACT BUSINESS
This worksheet may be used to help complete Part A of the Resident Bidder Status form. If at least one of the
following describes your business, you are authorized to transact business in Iowa.
❑ Yes ❑ No My business is currently registered as a contractor with the Iowa Division of Labor.
❑ Yes ❑ No My business is a sole proprietorship and I am an Iowa resident for Iowa income tax purposes.
❑ Yes ❑ No My business is a general partnership or joint venture. More than 50 percent of the general
partners or joint venture parties are residents of Iowa for Iowa income tax purposes.
❑ Yes ❑ No My business is an active corporation with the Iowa Secretary of State and has paid all fees
required by the Secretary of State, has filed its most recent biennial report, and has not filed articles of dissolution.
❑ Yes ❑ No My business is a corporation whose articles of incorporation are filed in a state other than Iowa,
the corporation has received a certificate of authority from the Iowa Secretary of State, has filed its most recent
biennial report with the Secretary of State, and has neither received a certificate of withdrawal from the Secretary
of state nor had its authority revoked.
❑ Yes ❑ No My business is a limited liability partnership which has filed a statement of qualification in this
state and the statement has not been canceled.
❑ Yes ❑ No My business is a limited liability partnership which has filed a statement of qualification in a state
other than Iowa, has filed a statement of foreign qualification in Iowa and a statement of cancellation has not
been filed.
❑ Yes ❑ No My business is a limited partnership or limited liability limited partnership which has filed a
certificate of limited partnership in this state, and has not filed a statement of termination.
❑ Yes ❑ No My business is a limited partnership or a limited liability limited partnership whose certificate of
limited partnership is filed in a state other than Iowa, the limited partnership or limited liability limited partnership
has received notification from the Iowa Secretary of state that the application for certificate of authority has been
approved and no notice of cancellation has been filed by the limited partnership or the limited liability limited
partnership.
❑ Yes ❑ No My business is a limited liability company whose certificate of organization is filed in Iowa and
has not filed a statement of termination.
❑ Yes ❑ No My business is a limited liability company whose certificate of organization is filed in a state
other than Iowa, has received a certificate of authority to transact business in Iowa and the certificate has not
been revoked or canceled.
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Wetherby Park CDBG Improvements 0405 — Page 2 of 2
0410
BID BOND FORM
WETHERBY PARK CDBG TRAIL IMPROVEMENTS
CITY OF IOWA CITY
as Principal, and
as Surety declare that we are held and are firmly bound unto
the City of Iowa City, Iowa, hereinafter called "OWNER," in the amount of
to pay said sum as herein provided. We as
Principal and Surety further promise and declare that these obligations shall bind our heirs,
executors, administrators, and successors jointly and severally. This obligation is conditioned on
the Principal submission of the accompanying bid, dated for Wetherby
Park CDBG Trail Improvements.
NOW, THEREFORE,
(a) If said Bid shall be rejected, or in the alternate,
(b) If said Bid shall be accepted and the Principal shall execute and deliver a contract
in the form specified, and the Principal shall then furnish a security for the
Principal's faithful performance of said Project, and for the payment of all persons
performing labor or furnishing materials in connection therewith, and shall in all
other respects perform the Project, as agreed to by the City's acceptance of said
Bid,
then this obligation shall be void. Otherwise this obligation shall remain in full force and effect,
provided that the liability of the Surety for any and all claims hereunder shall, in no event, exceed
the amount of the obligation stated herein.
By virtue of statutory authority, the full amount of this bidLsecuri.ty shall be
forfeited to the Owner in the event that the Principal fails to execute the contract and provide the
security, as provided in the Project Manual or as required by law.
The Surety, for value received, hereby stipulates and agrees that the
obligations of said Surety and its security shall in no way be impaired or affected by any extension
of the time within which the Owner may accept such Bid or may execute such contract documents,
and said Surety does hereby waive notice of any such time extension.
The Principal and the Surety hereto execute this bid security this
day of , A.D., 20_.
Witness
Witness
0
Principal
Surety
By:
(Attorney-in-fact)
Attach Power -of -Attorney, if applicable
(Seal)
(Title)
(Seal)
Wetherby Park CDBG Trail Improvements 0410 —Page 1 of 1
FILED
2020 AUG -4 PH 4' 18
C! T Y CLERK
10VIA CITY, IOW
0500
CONTRACT
WETHERBY PARK CDBG TRAIL IMPROVEMENTS
CITY OF IOWA CITY
THIS CONTRACT is made and entered into by and between the City of Iowa City, Iowa
("City"), and ("Contractor").
WHEREAS the City has prepared certain Plans, Specifications, Proposal and Contract
dated the day of 20, for the Wetherby Park CDBG Trail
Improvements ("Project'), and
WHEREAS, the City publicly solicited bids for construction of said Project; and
WHEREAS, Contractor submitted a bid on the Project described in said Project Manual;
"are
WHEREAS, the parties hereto now wish to enter into this Contract for the construction of
said Project.
NOW, THEREFORE, IT IS AGREED:
1. The Contractor hereby agrees to perform the Project for the sums listed in its
Proposal including the total extended amount of $
which sums are incorporated herein by this reference.
2. This Contract consists of the Contract Documents, as defined in the S2ntion 1010,
1.03, and the following additional component parts which are incorporated herein
by reference:
a. Contractor's Completed Bidder Status Form; attached hereto; and
b. Contractor's Completed Contract Compliance Program_ (Anti -
Discrimination Requirements) Assurance, if applicable, pursuant Yo Section
0200, attached hereto; and
C. Contractor's Completed Wage Theft Affidavit, if applicable, pursuant to
Section 0200, attached hereto.
The above components are deemed complementary and what is called for by one shall
be as binding as if called for by all.
Wetherby Park CDBG Trail Improvements 0500 — Page 1 of 2
3. The names of subcontractors acknowledged by City, together with quantities, unit
prices, and extended dollar amounts, are as follows (or shown on an attachment):
NAME QUANTITY I UNIT PRICE TOTAL AMOUNT
DATED this day of
City
By:
City Official
ATTEST:
City Clerk (for Formal Projects only)
APPROVED BY:
City Attorney's Office
91
Contractor
(Title)
ATTEST:
a
C
BV: r-=
(Company- f;ciafj7
M
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Wetherby Park CDBG Trail Improvements 0500 — Page 2 of 2
0510
PERFORMANCE, PAYMENT, AND MAINTENANCE BOND
WETHERBY PARK CDBG TRAIL IMPROVEMENTS
CITY OF IOWA CITY
KNOW ALL BY THESE PRESENTS:
That we, as Principal
(hereinafter the "Contractor" or "Principal") and
as Surety are held and firmly bound unto City of Iowa City, Iowa, as Obligee (hereinafter referred
to as "the Jurisdiction"), and to all persons who may be injured by any breach of any of the
conditions of this Bond in the penal sum of
dollars
($ ), lawful money of the United States, for the payment of which sum,
well and truly to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly
or severally, firmly by these presents.
The conditions of the above obligations are such that whereas said Contractor entered into a
contract with the Jurisdiction, bearing date the day of
, (hereinafter the "Contract") wherein said Contractor undertakes and agrees to
construct the following described improvements:
Base Bid:
Construction of Wetherby Park CDBG Trail Improvements shall include, but not limited to,
demolition of existing granular trail, new PCC trail, finish grading, seeding, and associated work
as shown on the plans.
and to faithfully perform all the terms and requirements of said Contract within the time therein
specified, in a good and workmanlike manner, and in accordance with the Contract Documents.
Provided, however, that one year after the date of acceptance as complete of the work under the
above referenced Contract, the maintenance portion of this Bond shall continue in force but the
penal sum for maintenance shall be reduced to the sum of
DOLLARS ($ ), which is the cost associated with those items in the Contract
that require a maintenance bond period in excess of one year.
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It is expressly understood and agreed by the Contractor and Surety in this bond that thAllowing
provisions are a part of this Bond and are binding upon said Contractor and Surety, to -wit:
1. PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill, and
abide by each and every covenant, condition, and part of said Contract, by reference made
a part hereof, for the above referenced improvements, and shall indemnify and save
harmless the Jurisdiction from all outlay and expense incurred by the Jurisdiction by
reason of the Contractor's default of failure to perform as required. The Contra�Vr shall
also be responsible for the default or failure to perform as required under the Contract and
Contract Documents by all its subcontractors, suppliers, agents, or employees furnishing
materials or providing labor in the performance of the Contract.
2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just
claims submitted by persons, firms, subcontractors, and corporations furnishing materials
Wetherby Park CDBG Trail Improvements 0510 — Page 1 of 4
for or performing labor in the performance of the Contract on account of which this Bond
is given, including but not limited to claims for all amounts due for labor, materials,
lubricants, oil, gasoline, repairs on machinery, equipment, and tools, consumed or used
by the Contractor or any subcontractor, wherein the same are not satisfied out of the
portion of the contract price the Jurisdiction is required to retain until completion of the
improvement, but the Contractor and Surety shall not be liable to said persons, firms, or
corporations unless the claims of said claimants against said portion of the contract price
shall have been established as provided by law. The Contractor and Surety hereby bind
themselves to the obligations and conditions set forth in Chapter 573 of the Iowa Code,
which by this reference is made a part hereof as though fully set out herein.
3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own
expense:
A. To remedy any and all defects that may develop in or result from work to be
performed under the Contract within the period of year(s) (_) from the
date of acceptance of the work under the Contract, by reason of defects in
workmanship or materials used in construction of said work;
B. To keep all work in continuous good repair; and
C. To pay the Jurisdiction's reasonable costs of monitoring and inspection to assure
that any defects are remedied, and to repay the Jurisdiction all outlay and expense
incurred as a result of Contractor's and Surety's failure to remedy any defect as
required by this section.
4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to
the contrary notwithstanding, to the following provisions: h
A. To consent without notice to any extension of time to the Contractors which to
perform the Contract;
B. To consent without notice to any change in the Contract or Contract Documents,
which thereby increases the total contract price and the penal'- of this bond,
provided that all such changes do not, in the aggregate, involvQcan increase of
more than 20% of the total contract price, and that this bond shaltt i n be released
as to such excess increase; and
C. To consent without notice that this Bond shall remain in full force and effect until
the Contract is completed, whether completed within the specified contract period,
within an extension thereof, or within a period of time after the contract period has
elapsed and the liquidated damage penalty is being charged against the
Contractor.
D. That no provision of this Bond or of any other contract shall be valid that limits to
less that five years after the acceptance of the work under the Contract the right to
sue on this Bond.
E. That as used herein, the phrase "all outlay and expense" is not to be limited in any
way, but shall include the actual and reasonable costs and expenses incurred by
the Jurisdiction including interest, benefits, and overhead where applicable.
Accordingly, "all outlay and expense" would include but not be limited to all contract
or employee expense, all equipment usage or rental, materials, testing, outside
experts, attorneys fees (including overhead expenses of the Jurisdiction's staff
attorneys), and all costs and expenses of litigation as they are incurred by the
Jurisdiction. It is intended the Contractor and Surety will defend and indemnify the
Jurisdiction on all claims made against the Jurisdiction on account of Contractor's
failure to perform as required in the Contract and Contract Documents, that all
agreements and promises set forth in the Contract and Contract Documents, in
Wetherby Park CDBG Trail Improvements 0510 — Page 2 of 4
approved change orders, and in this Bond will be fulfilled, and that the Jurisdiction
will be fully indemnified so that it will be put into the position it would have been in
had the Contract been performed in the first instance as required.
In the event the Jurisdiction incurs any "outlay and expense" in defending itself against
any claim as to which the Contractor or Surety should have provided the defense, or in the
enforcement of the promises given by the Contractor in the Contract, Contract Documents,
or approved change orders, or in the enforcement of the promises given by the Contractor
and Surety in this Bond, the Contractor and Surety agree that they will make the
Jurisdiction whole for all such outlay and expense, provided that the Surety's obligation
under this bond shall not exceed 125% of the penal sum of this bond.
In the event that any actions or proceedings are initiated regarding this Bond, the parties
agree that the venue thereof shall be Johnson County, State of Iowa. If legal action is
required by the Jurisdiction to enforce the provisions of this Bond or to collect the monetary
obligation incurring to the benefit of the Jurisdiction, the Contractor and the Surety agree,
jointly, and severally, to pay the Jurisdiction all outlay and expense incurred therefor by
the Jurisdiction. All rights, powers, and remedies of the Jurisdiction hereunder shall be
cumulative and not alternative and shall be in addition to all rights, powers, and remedies
given to the Jurisdiction, by law. The Jurisdiction may proceed against surety for any
amount guaranteed hereunder whether action is brought against the Contractor or whether
Contractor is joined in any such action(s) or not.
NOW THEREFORE, the condition of this obligation is such that if said Principal shall
faithfully perform all the promises of the Principal, as set forth and provided in the Contract
and in this Bond, then this obligation shall be null and void, otherwise it shall remain in full
force and effect.
When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first
as defined in this Bond and the Contract; second, if not defined in the Bond or Contract, it
shall be interpreted or construed as defined in applicable provisions of the Iowa Code;
third, if not defined in the Iowa Code, it shall be interpreted or construed according to its
generally accepted meaning in the construction industry; and fourth, if it has no generally
accepted meaning in the construction industry, it shall be interpreted or construed
according to its common or customary usage.
Failure to specify or particularize shall not exclude terms or provisions not m@ntioned and shay
not limit liability hereunder. The Contract is hereby made a part of this Bond. C-) .s-
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PRINCIPAL:
Contractor
By
Signature
Title
FORM APPROVED BY:
City Attorney's Office
NOTE
1.
2.
3.
4.
SURETY:
Surety Company
By
Signature Attorney -in -Fact Officer
Printed Name of Attorney -in -Fact
Officer
Company Name
Company Address
City, State, Zip Code
Company Telephone Number
All signatures on this performance, payment, and maintenance bond must be
original signatures in ink; copies, facsimile, or electronic signatures will not be
accepted.
This bond must be sealed with the Surety's raised, embossing seal.
The Certificate or Power of Attorney accompanying this bond must be valid on its
face and sealed with the Surety's raised, embossing seal.
The name and signature of the Surety's Attorney-in-Fact/Officer entered on this
bond must be exactly as listed on the Certificate or Power of) Attorney
accompanying this bond.
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44
�ar IOWA CITY
A UNESCO CITY OF LITERATURE
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
PROJECT MANUAL
FOR THE
WETHERBY PARK CDBG TRAIL IMPROVEMENTS
IOWA CITY, IOWA
JULY 31, 2020
0520
CONTRACT COMPLIANCE
SECTION I - GENERAL POLICY STATEMENT
It is the policy of the City of Iowa City to require equal employment opportunity in all City contract
work. This policy prohibits discrimination by the City's contractors, consultants and vendors and
requires them to ensure that applicants seeking employment with them and their employees are
treated equally without regard to race, color, creed, religion, national origin, sex, gender identity,
sexual orientation, disability, marital status, and age.
It is the City's intention to assist employers, who are City contractors, vendors or consultants, in
designing and implementing equal employment opportunity so that all citizens will be afforded
equal accessibility and opportunity to gain and maintain employment.
PROVISIONS:
1. All contractors, vendors, and consultants requesting to do business with the City must
submit an Equal Opportunity Policy Statement before the execution of the contract.
2. All City contractors, vendors, and consultants with contracts of $25,000 or more (or less if
required by another governmental agency) must abide by the requirements of the City's
Contract Compliance Program. Emergency contracts may be exempt from this provision
at the discretion of the City. Regardless of the value of the contract, all contractors,
vendors, and consultants are subject to the City's Human Rights Ordinance, which is
codified at Article 2 of the City Code.
3. Contracting departments are responsible for assuring that City contractors, vendors, and
consultants are made aware of the City's Contract Compliance Program", reporting
responsibilities and receive the appropriate reporting forms. A notification of requirements
will be included in any request for proposal and notice of bids.
4. Prior to execution of the contract, the completed and signed Assuranj2"f ( inpliance
(located on pages CC -2 and CC -3) or other required material must; tW re*ved )'and
approved by the City.
5. Contracting departments are responsible for answering questions about contractor,
consultant and vendor compliance during the course of the contract with the City.
6. All contractors, vendors, and consultants must refrain from the use of any signs or
designations which are sexist in nature, such as those which state "Men Working" or
"Flagman Ahead," and instead use gender neutral signs.
7. All contractors, vendors, and consultants must assure that their subcontractors abide by
the City's Human Rights Ordinance. The City's protected classes are listed at Iowa City
City Code section 2-3-1.
Wetherby Park CDBG Trail Improvements 0520 — Page 1 of 6
SECTION II - ASSURANCE OF COMPLIANCE
The following sets forth the minimum requirements of a satisfactory Equal Employment
Opportunity Program which will be reviewed for acceptability. PLEASE RETURN PAGES 2
THROUGH 3 OF THIS SECTION TO THE CONTRACTING DEPARTMENT PRIOR TO THE
EXECUTION OF THE CONTRACT.
With respect to the performance of this contract, the contractor, consultant or vendor agrees as
follows: (For the purposes of these minimum requirements, "contractor" shall include consultants
and vendors.)
The contractor will not discriminate against any employee or applicant for employment and
will take affirmative efforts to ensure applicants and employees are treated during
employment without regard to their race, color, creed, religion, national origin, sex, sexual
orientation, gender identity, disability, marital status, and age. Such efforts shall include,
but not be limited to the following: employment, promotion, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
2. The contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that it is an equal opportunity employer.
Note: Contracts that are federally funded are subject to Executive Order No. 11246, as
amended, and the regulations (see generally 29 U.S.C. § 1608 et seq.) and relevant orders
of the U.S. Secretary of Labor. The Secretary of Labor, and not the City, enforces said
regulations and orders.
3. Provide a copy of your written Equal Employment Opportta- ty policy
statement.
Where is this statement posted?
c� < i
c,
What is the name, telephone number and address of your business' Equal Employment
Opportunity Officer?
(Please print)
Phone Number
Street Address
City, State, Zip Code
Wetherby Park CDBG Trail Improvements 0520 - Page 2 of 6
5.
C:1
The undersigned agrees to display, in conspicuous places at the work site, all posters
required by federal and state law for the duration of the contract. NOTE: The City can
provide assistance in obtaining the necessary posters.
How does your business currently inform applicants, employees, and recruitment sources
(including unions) that you are an Equal Employment Opportunity employer?
The above responses are true and correctly reflect our Equal Employment Opportunity policies.
Business Name
Signature
Print Name
Phone Number
Title
Date
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SECTION III - SUGGESTED STEPS TO ASSURE EQUAL EMPLOYMENT
OPPORTUNITIES
COMPANY POLICY
Determine your company's policy regarding equal employment opportunities. Document
the policy and post it in a conspicuous place so that it is known to all your employees.
Furthermore, disseminate the policy to all potential sources of employees and to your
subcontractors asking their cooperation. The policy statement should recognize and
accept your responsibility to provide equal employment opportunity in all your employment
practices. In regard to dissemination of this policy, this can be done, for example, through
the use of letters to all recruitment sources and subcontractors, personal contacts,
employee meetings, web page postings, employee handbooks, and advertising.
2. EQUAL EMPLOYMENT OPPORTUNITY OFFICER
Designate an equal employment opportunity officer or, at minimum, assign someone the
responsibility of administering and promoting your company's Equal Employment
Opportunity program. This person should have a position in your organization which
emphasizes the importance of the program.
3. INSTRUCT STAFF
Your staff should be aware of and be required to abide by your Equal Employment
Opportunity program. All employees authorized to hire, supervise, promote, or discharge
employees or are involved in such actions should be trained and required to comply with
your policy and the current equal employment opportunity laws.
4. RECRUITMENT
(a) Let potential employees know you are an equal opportunity employer. This can be
done by identifying yourself on all recruitment advertising as "an equal opportunity
employer".
(b) Use recruitment sources that are likely to yield diverse applicant pools.
Word-of-mouth recruitment will only perpetuate the current composition of your
workforce. Send recruitment sources a letter annually which reaffirms your
commitment to equal employment opportunity and requests their assistance in
helping you reach diverse applicant pools.
(c) Analyze and review your company's recruitment procedures to identify and
eliminate discriminatory barriers.
(d) Select and train persons involved in the employment process to use objective
standards and to support equal employment opportunity goals.
(e) Review periodically job descriptions to make sure they accurately reflect major job
functions. Review education and experience requirements to make sure they
accurately reflect the requirements for successful job performance.
(f) Review the job application to insure that only job related questions are asked. Ask
yourself "Is this information necessary to judge an applicant's ability to perform the
job applied for?" Only use job-related tests which do not adversely affect any
particular group of people.
(g) Monitor interviews carefully. Prepare interview questions in advance to assure that
they are only job related. Train your interviewers on discrimination laws. Biased
and subjective judgments in personal interviews can be a major source of
Wetherby Park CDBG Trail Improvements 0520 — Page 4 of 6
discrimination.
(h) Improve hiring and selection procedures and use non -biased promotion, transfer
and training policies to increase and/or improve the diversity of your workforce
representation. Companies must make sure procedures for selecting candidates
for promotion, transfer and training are based upon a fair assessment of an
employee's ability and work record. Furthermore, all companies should post and
otherwise publicize all job promotional opportunities and encourage all qualified
employees to bid on them.
For your information is a copy of Section 2 — 3 — 1 of the Iowa City Code of Ordinances
which prohibits certain discriminatory practices in employment can be found at:
http://www.sterlinqcod' iers.com/codebook/index.php?book id=953. Please note that the
protected characteristics include some not mandated for protection by Federal or State
law. As a contractor, consultant or vendor doing business with the City of Iowa City you
are required to abide by the provisions of the local ordinance in conjunction with your
performance under a contract with the City.
Wetherby Park CDBG Trail Improvements 0520 — Page 5 of 6
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SAMPLE: EQUAL EMPLOYMENT OPPORTUNITY POLICY
To all employees of
This Company and its employees shall not discriminate against any employee or applicant for
employment based on his or her age, color, creed, disability, national origin, gender identity,
marital status, race, religion, sex, or sexual orientation. The anti -discrimination policy extends to
decisions involving hiring, promotion, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. Further, this Company and its employees will provide a working
environment free from such discrimination.
All employees are encouraged to refer minority and women applicants and applicants with
disabilities for employment.
The Equal Employment Opportunity Officer for the
is:
Name:
Address:
Telephone:
Wetherby Park CDBG Trail Improvements 0520 — Page 6 of 6
v
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NOTE: This is a SAMPLE ONLY. You may wish to confer with your EEO offer
O
al counsel
to formulate a policy which specifically meets the needs of your company.
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0530
WAGE THEFT POLICY
It is the policy of the City of Iowa City, as expressed by City Council Resolution No. 15-364
adopted on November 10, 2015, not to enter into certain contracts with, or provide discretionary
economic development assistance to, any person or entity (including an owner of more than 25%
of the entity) who has admitted guilt or liability or been adjudicated guilty or liable in any judicial
or administrative proceeding of committing a repeated or willful violation of the Iowa Wage
Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act or
any comparable state statute or local ordinance, which governs the payment of wages, for a period
of five (5) years from the date of the last conviction, entry of plea, administrative finding or
admission of guilt. (hereinafter "Wage Theft Policy")
Application. The Wage Theft Policy applies to the following:
a. Contracts in excess of $25,000 for goods, services or public improvements.
b. Contracts for discretionary economic development assistance. "Discretionary"
economic development assistance shall mean any economic development
assistance provided by the City of Iowa City that is not required by law.
II. Exceptions. The Wage Theft Policy does not apply to emergency purchases of goods
and services, emergency construction or public improvement work, sole source contracts
excepted by the City's purchasing manual, cooperative/piggyback purchasing or contracts
with other governmental entities.
III. Affidavit. The contracting entity must complete the attached affidavit showing
compliance with the Wage Theft Policy and provide it to the Contracting Department
prior to the execution of the contract.
Contract provision: Any contract to which this policy is applicable will include the following contract
provision: If the City becomes aware that a person or entity (including an owner of more than
25% of the entity) has admitted guilt or liability or been adjudicated guilty or liable in any judicial
or administrative proceeding of committing a repeated or willful violation of the lows Wage
Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act or
any comparable state statute or local ordinance, which governs the payment of wages, Within the
five (5) year period prior to the award or at any time after the award, such violation shall constitute
a default under the contract.
IV. Waivers. If a person or entity is ineligible to contract with the City as a result of the Wage
Theft Policy it may submit a request in writing indicating that one or more of the following
actions have been taken:
a. There has been a bona fide change in ownership or control of the ineligible person
or entity;
b. Disciplinary action has been taken against the individual(s) responsible for the acts
giving rise to the violation(s);
C. Remedial action has been taken to prevent a recurrence of the acts giving rise to
the disqualification or default;
or
d. Other factors that the person or entity believes are relevant.
Wetherby Park CDBG Trail Improvements 0530 — Page 1 of 3
The City Manager or Designee shall review the documentation submitted, make any inquiries
deemed necessary, request additional documentation if warranted and determine whether a
reduction in the ineligibility period or waiver is warranted. Should the City Manager or Designee
determine that a reduction or waiver of the ineligibility period is warranted the City Manager or
Designee shall make such recommendation to the City Council. The City Council will make a final
decision as to whether to grant a reduction or waiver.
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STATE OF
WAGE THEFT AFFIDAVIT
COUNTY
SS:
upon being duly sworn, state as follows:
I am the [position] of
["contracting entity'] and have the authority to execute this affidavit on behalf of said
contracting entity and any person or entity with an ownership interest in said contracting entity
of more than 25%.
Neither [contracting entity] nor any person or entity with
an ownership interest of more than 25% of said contracting entity has been adjudicated guilty
or liable in any judicial or administrative proceeding of committing a repeated or willful violation
of the Iowa Wage Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair
Labor Standards Act or any comparable state statute or local ordinance, which governs the
payment of wages in the last 5 years.
This instrument was
on
Notary Public in and for the State of
Wetherby Park CDBG Trail Improvements 0530 — Page 3 of 3
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Signature
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acknowledged before S2"`mep
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Notary Public in and for the State of
Wetherby Park CDBG Trail Improvements 0530 — Page 3 of 3
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SUDAS STANDARD SPECIFICATIONS
The City of Iowa City has adopted the SUDAS Standard Specifications for use on all public
improvement projects and construction within the public right-of-way. The SUDAS Standard
Specifications are incorporated herein by reference. Copies of the current version of the SUDAS
Standard Specifications Manual can be obtained from the SUDAS website at:
http://www.iowasudas.org/manuals/manual.cfm?manual=specifications. These specifications
are kept on file in the City Engineer's Office and will be made available for viewing by City staff
and the public.
Previous editions of the SUDAS Standard Specifications can be found here:
http://www.iowasudas.org/manuals/specs/archived figures/ArchivedFigures.cfm.
Wetherby Park CDBG Trail Improvements Page 1 of 1
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GENERAL SUPPLEMENTAL SPECIFICATIONS
The City of Iowa City has adopted the General Supplemental Specifications for use on all public
improvement projects and construction within the public right-of-way. The General Supplemental
Specifications are incorporated by reference. Copies of the General Supplemental Specifications
can be obtained from the website at: hftp://www.iowasudas.oM/manuals/specs/
supplemental spec/. These specifications are kept on file in the City Engineer's Office and will
be made available for viewing by City staff and the public.
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SUPPLEMENTAL SPECIFICATIONS
The City of Iowa City has adopted the Supplemental Specifications to the 2019 Edition of the
SUDAS Standard Specifications Manual for use on all public improvement projects and
construction within the public right-of-way. The Supplemental Specifications are incorporated
herein by reference. Copies of the current version can be obtained at:
or are available in the City Engineering Division Office.
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SPECIAL PROVISIONS
The City of Iowa City allows bidders to submit a computer -generate attachment,
hereinafter referred to as unit price attachment, in lieu of completing that portion of the Proposal
identifying the bid items, description, unit, quantity, and unit prices. See Section 1020, 1.09.6, for
details on preparing a computer-generated unit price attachment.
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SPECIAL PROVISIONS
xv 1
PART 1 - GENERAL REQUIREMENTS
INDEX
1. DEFINITION AND INTENT
6.
SUBMITTALS
2. WORK REQUIRED
7.
STANDARDS AND CODES
3. SALVAGE OF MATERIALS AND
8.
MATERIALS TESTS
EQUIPMENT
9.
FIELD TESTS
4. PLANS AND SPECIFICATIONS
10.
MEASUREMENT AND PAYMENT
5. CONSTRUCTION FACILITIES
11.
INCIDENTAL CONTRACT ITEMS
DEFINITION AND INTENT
A. The Technical Specifications that apply to the materials and construction
practices for this project are defined as follows:
1. The 2019 edition of the Iowa Statewide Urban Specifications for Public
Improvements (SUDAS), except as modified by these Special Provisions
to the Technical Specifications.
2. The intent of the Technical Specifications is to describe the construction
desired, performance requirements, and standards of materials,and -
construction.
a. Engineer: Snyder & Associates, Inc., 320 E. Prem s S reet,'awa
City, Iowa 52240; Phone (319) 359-7676. �m
C C�
B. The project will be awarded on base bid amount. The Owner can select or
decline any combination of add alternates identified within the project manual
and plans.
2. WORK REQUIRED
A. Work under this contract includes all materials, labor, equipment, transportation,
traffic control and associated work for the construction of the Wetherby Park
CDBG Trail Improvements, as described in the Official Publication.
B. This project consists of one contract for all work described.
C. Schedule and coordinate the construction work to facilitate timely construction of
the improvements.
3. SALVAGE OF MATERIALS AND EQUIPMENT
A. City of Iowa City retains first right of refusal for retaining any existing materials
removed by the contractor during the course of construction.
Wetherby Park CDBG Trail Improvements Part 1—General Requirements — SPI - 1
B. The Contractor shall carefully remove, in a manner to prevent damage, all
materials and equipment specified or indicated to be salvaged. The Contractor
shall protect and store items as specified.
C. Any items damaged in removal, storage, or handling through carelessness or
improper procedures shall be replaced by the Contractor in kind with new items.
4. PLANS AND SPECIFICATIONS
A. The Owner will furnish 5 sets of plans and specifications to the Contractor after
award of the contract. The Contractor shall compensate the Owner for printing
costs for additional copies required.
B. Provide one set of plans and specifications for each foreman and superintendent
in charge of each crew on the job.
5. CONSTRUCTION FACILITIES
A. Provide telephone numbers where Contractor's representative can be reached
during work days and on nights and weekends in the event of an emergency.
B. Provide and maintain suitable sanitary facilities for construction personnel for
duration of work; remove upon completion of work.
C. Do not store construction equipment, employee's vehicles, or materials on streets
open to traffic. Location for storage of equipment by Contractors is subject to
approval by the Owner and Engineer.
D. The Contractor shall provide suitable storage facilities necessary for praper
storage of materials and equipment.
E. Contractor shall provide temporary on-site restroom facilities. , 1
6. SUBMITTALS
c�
A. Provide construction schedule showing dates of starting and completing various
portions of work.
B. Provide 3 copies plus copies required by Contractor. This information shall be
submitted to the Engineer at the preconstruction conference or at least 14 days
prior to utilization of the particular item on this project. Submit the following
information for Engineer's review:
Testing reports as outlined in Sections 8 & 9.
2. Manufacturer's data for materials that are to be permanently incorporated
into the project.
3. Details of proposed methods of any special construction required.
4. Submit purchase orders and subcontracts without prices.
Wetherby Park CDBG Trail Improvements Part 1—General Requirements — SP1 - 2
5. Such other information as the Engineer may request to ensure
compliance with contract documents.
STANDARDS AND CODES
A. Construct improvements with best present day construction practices and
equipment.
B. Conform with and test in accordance with applicable sections of the following
standards and codes.
American Association of State Highway and Transportation Officials
(AASHTO).
2. American Society for Testing and Materials (ASTM).
3. Iowa Department of Transportation Standard Specifications (Iowa DOT).
4. American National Standards Institute (ANSI).
5. American Water Works Association (AWWA).
6. American Welding Society (AWS).
7. Federal Specifications (FS).
8. Iowa Occupational Safety and Health Act of 1972 (IOSHA).
9. Manual of Accident Prevention in Construction by Associated General
Contractors of America, Inc. (AGC).
10. Standards and Codes of the State of Iowa and the ordinances�of the City
of Iowa City, Iowa.
11. Other standards and codes which may be applicable toaecepta-ble
standards of the industry for equipment, materials and installation under
the contract.
8. MATERIALS TESTS
A. Material testing is incidental to construction and will be completed by an
independent testing laboratory retained by the Contractor and approved by the
Engineer. Testing shall meet the requirements of Iowa SUDAS.
B. Coordinate all material testing with the Engineer.
C. Provide transportation of all samples to the laboratory.
D. Do not ship materials to the project site until laboratory tests have been furnished
showing compliance of materials with specifications.
Wetherby Park CDBG Trail Improvements Part 1—General Requirements — SP1 - 3
E. Provide gradation and materials certifications for all granular materials. Certify
that sources of Portland Cement and aggregates are Iowa DOT approved.
Certify that materials and equipment are manufactured with applicable
specifications.
9. FIELD TESTS
A. Field testing is incidental to construction and will be completed by an
independent testing laboratory retained by the Contractor and approved by the
Engineer. Testing shall meet the requirements of SUDAS.
B. Coordinate all field testing with the Engineer.
C. If test results do not meet those specified, the Contractor shall make necessary
corrections and repeat testing to demonstrate compliance with the specifications.
Contractor shall pay all costs for retesting.
10. MEASUREMENT AND PAYMENT
A. Contract lump sum prices are full compensation for furnishing all materials,
equipment, tools, transportation and labor necessary to construct and complete
each item of work as specified. No separate payment will be made for work
included in this project except as set forth in the bid item reference notes. All
other items of work are incidental to construction.
B. Bid Item 1: Topsoil (LS) — Lump sum price includes clearing, grubbing, stripping,
stockpiling and respreading topsoil to an 8" finished thickness. Measurement for
payment will be based on percentage complete.
C. Bid Item 3: Pavement, PCC, 6" (SY) — Price includes final trimming of subgrade
or subbase, integral curb, bars and reinforcement, joints and sealing, surface
curing and pavement protection, safety fencing, concrete for rigid headers',
boxcuts for fixtures, and pavement smoothness testing. Measurement and
payment based on the square yards in-place material.
D. Bid Item 4: Hydraulic Seeding. Fertilizing and Mulching (LS) — Lump Sum price
includes removal of rock and other debris from the area; repairing rills and
washes; preparing the seedbed; furnishing and placing seed, including any
treatment required; furnishing and placing fertilizer and mulch; and furnishing
water and other care during the care period, unless these items are bid
separately. Measurement for payment based on the percentage complete.
E. Bid Item 5: Construction Survey (LS) — Lump Sum price includes the costs of
resetting project control points, re -staking, and any additional staking requested
beyond the requirements of this section. Measurement for payment based on the
percentage complete.
F. Bit Item 6: Mobilization (LS) — Lump Sum price includes the movement of
personnel, equipment, and supplies to the project site; the establishment of
offices, buildings, and other facilities necessary for the project; and bonding,
Wetherby Park CDBG Trail Improvements Part 1—General Requirements — SP1 - 4
permits, and other expenses incurred prior to construction. Measurement for
payment based on the percentage complete.
G. Bid Item 7: Concrete Washout (LS) — Lump Sum price includes providing
concrete washwater containment, collection, and disposal. Measurement for
payment based on the percentage complete.
H. Bid Item 8: Demolition Work (LS) — Lump Sum price includes removal of the
existing granular trail and associated materials as noted to be removed on the
plans. Contractor to verify demolition quantities. Measurement for payment
based on the percentage complete of demolition.
11. INCIDENTAL CONTRACT ITEMS
A. The following list includes major items that are incidental to the project and will
not be paid for as separate bid items. Other items may be designated as
incidental under certain bid items.
• Dewatering and handling storm water flow during construction
• Temporary sheeting and shoring
• Pipe and structure bedding material
• Excavation, verification and protection of existing utilities
• Material & field testing
• Construction fencing
• Temporary construction signage --
• Coordination and cooperation with utility companies
• Coordination and cooperation with affected property owners -+
• Coordination and cooperation with the City of Iowa City
• Protection of existing utilities and light poles {:
• Handbill notification of street closures & utility disruption to aff�>~t
businesses
• Site cleanup '
• Locate of existing utilities, potholing if necessary
• Maintaining postal, garbage & utility services to users
• Monitoring weather conditions
• Finish grading
• Repair of field tiles, if encountered
• Dust control measures
• Construction staging & phasing
• Working backfill to reduce moisture content
• Curb and pavement backfill
• Fixture adjustments
Wetherby Park CDBG Trail Improvements Part 1—General Requirements — SP1 - 5
A=ILED
2020 AUG -4 PM 4: 10,
CITY CLERK
'J,;,'A C I T Y.1 O Vi"'%
SPECIAL PROVISIONS
FOR
PART 2 - SPECIAL CONSTRUCTION
INDEX
1. GENERAL
10.
DEWATERING
2. EXISTING UTILITIES
11.
TRAFFIC CONTROL
3. PROJECT SUPERVISION
12.
TEMPORARY FENCES
4. COORDINATION WITH OTHERS
13.
RESPONSIBILITY OF CONTRACTOR
5. CONSTRUCTION LIMITS
14.
REMOVALS AND DISPOSAL
6. CONSTRUCTION SCHEDULE
15.
SITE ELECTRICAL
7. CONSTRUCTION STAKING
16.
FIXTURE ADJUSTMENTS
8. SIDEWALK ACCESS
17.
WORK BY OTHERS
9. EROSION/POLLUTION PERVENTION
18.
SURFACE RESTORATION
GENERAL
A. Procedures outlined herein are not intended to fully cover all special construction
procedures but are offered as an aid to the Contractor in planning work.
B. Cooperate with the Owner and the Engineer to minimize inconvenience to
property owners and motorists and to prevent delays in construction and
interruption to continuous operation of utility services and site access. -
C. The Contractor is expected to provide adequate personnel and equipment to
perform work within specified time of construction.
D. Install and maintain orange safety fence around all open trenches or open t
structures when left unattended.-G� o �i
m
E. Provide surface restoration and clean up as construction progr", . r
2. EXISTING UTILITIES
A. Location of utility lines, mains, cables and appurtenances shown on plans are
from information provided by utility companies and records of the Owner.
B. Prior to construction, contact all utility companies and have all utility lines and
services located. The Contractor is responsible for excavating and exposing
underground utilities in order to confirm their locations ahead of the work.
C. Contractor is solely responsible for damage to utilities or private or public
property due to utility disruption.
D. The Contractor shall notify utility company immediately if utility infrastructure is
damaged during construction.
Wetherby Park CDBG Trail Improvements Part 2—Special Construction — SP2 - 1
4.
0
F. Utility services are not generally shown on plans; protect and maintain services
during construction. Notify Owner and affected property owners 48 hours prior to
any planned utility service interruptions.
G. If utility work does occur during the construction period, work schedules from the
contractor and from the utility companies will be submitted to the Engineer for
coordination to obtain mutual acceptable schedules, if possible.
H. Existing utilities shall remain in substantially continuous operation during
construction. Select the order and methods of construction that will not interfere
with the operation of the utility systems. Interrupt utility services only with
approval of Owner and Engineer.
No claims for additional compensation or time extensions will be allowed to the
Contractor for interference or delay caused by utility companies.
PROJECT SUPERVISION
A. The Prime Contractor shall be represented in person at the construction site at all
times that construction operations are proceeding by a qualified superintendent
or other designated, qualified representative capable of providing adequate
supervision. The superintendent or representative must be duly authorized to
receive and execute instructions, notices and written orders from the Engineer.
B. Issues that arise during construction relating to traffic control, construction
staging, resident notifications, mail service, garbage service, access to
residences, etc. are the responsibility of the Prime Contractor.
C. A meeting with the Contractor, Engineer and Owner will be held at the, oject
site before construction to coordinate the construction work.
D. Refer to Division 1 — General Provisions and Covenants for additf(Wal c
requirements.
COORDINATION WITH OTHERS
A. Cooperate and coordinate construction with the Owner, adjacent businesses,
utility companies, affected property owners and other contractors workintfin
vicinity of this project.
B. It is the Contractor's responsibility to schedule and coordinate work to minimize
construction delays and conflicts.
CONSTRUCTION LIMITS
A. Confine the construction operations within the construction limits shown on the
plans, consisting of public right -of way and temporary easements.
B. Do not store equipment, vehicles or materials within the right-of-way of any
streets open to traffic or parking areas at any time without approval of the Owner.
Wetherby Park CDBG Trail Improvements Part 2—Special Construction — SP2 - 2
Contractor to maintain access to the existing parking areas and existing school
facilities during construction.
6. CONSTRUCTION SCHEDULE
A. The Contractor will prepare and submit to the Engineer for approval a project
schedule that will assure the completion of the project within the time specified.
Construction schedule shall be submitted at or prior to the preconstruction
conference. The schedule may only be revised due to weather conditions or
scheduling by the Owner. The contractor shall maintain a current construction
schedule and provide to the Engineer and Owner at all times.
B. The Construction schedule shall be created and coordinated with the Owner so
that disruptions to the use of the adjacent school facilities are minimized.
C. The Contractor shall coordinate with the Owner the placement of the proposed
transformer, light fixtures, and controllers.
D. The Contractor shall be required to meet the interim and final completion date as
specified in the written Notice to Proceed.
E. The Notice to Proceed is anticipated to be on or about October 8, 2020.
F. Work on the improvements shall not begin before the date specified in a written
Notice to Proceed.
G. Substantial completion for the project shall mean that approximately 95% of the
project is constructed and acceptable with the remaining work being Minor in
nature. Project completion, 100% acceptable is May 31, 2021.
7. CONSTRUCTION STAKING
A. Construction Staking will be provided by the Contractor. o = t
8. SIDEWALK ACCESS
A. Sidewalks and ramps shall be kept open to pedestrian traffic at all times when
work allows. Contractor shall install type II barricades with a sign "SIDEWALK
CLOSED" when pedestrian access is not permissible.
B. No materials or equipment shall be stored on sidewalks.
9. EROSION CONTROL
A. Contractor is responsible for erosion control on each park site. Contractor shall
comply with the erosion control requirements of the Iowa Code, and local
ordinances. Protect against erosion and dust pollution on this project site and any
off-site deposit or borrow area used for this project.
B. Protect adjoining property including public sanitary and storm sewer systems and
Wetherby Park CDBG Trail Improvements Part 2—Special Construction — SP2 - 3
10.
streets from any damage resulting from movement of earth or other debris from
project site. Repair any damage immediately.
C. Prevent accumulation of earth or debris on adjoining public or private property
from project site. Remove any accumulation of earth or debris immediately.
Prevent repetition of any instance where earth or debris moves from project site
to adjoining public or private property.
D. Provide erosion control measures necessary to protect against siltation and
erosion from the flow of storm water. Maintain continuous operation of the storm
sewer system throughout the construction period.
E. Use silt fence and other means at all drainage courses, swales and storm sewer
system inlets and outlets to protect against siltation and erosion as shown in the
construction drawings or directed by the Engineer.
F. The Contractor will be fully liable for all damages to public and private property
caused by their action or inaction in providing for handling of storm water flow
during construction.
DEWATERING
A. Perform all construction work in dry conditions.
B. Submit dewatering methods to the Engineer for review. Obtain the Engineer's
approval on methods prior to construction.
C. Groundwater levels are subject to variation. No additional compensatiea will be
permitted due to high groundwater conditions. '
LI
D. If excavation encounters only cohesive soils with no wet sand seams or layers, it
may be possible to control water seepage by draining groundwater to temporary
construction sumps and pumping it outside the perimeter of theexcavation.
E. Do not pump water from open excavation in sand and gravel below the natural
ground water level.
F. Maintain water levels 2 feet or more below the bottom of excavations in saturated
cohesionless (sand and/or gravel) soils to prevent upward seepage, which could
reduce subgrade support.
1. Install dewatering system (well points or shallow wells) when working in
cohesionless soils.
2. Costs of installing and operating dewatering system are incidental.
G. Provide for handling surface water encountered during construction.
Prevent surface water from flowing into excavation, remove water as it
Wetherby Park CDBG Trail Improvements Part 2—Special Construction — SP2 - 4
accumulates.
2. Divert storm sewer flow around areas of construction.
3. Do not use sanitary sewers for the disposal of trench water.
H. Backfill pipe and structures prior to stopping dewatering operations. Do not lay
pipe or construct concrete structures on excessively wet soils.
I. The costs of handling both surface water and groundwater are incidental.
11. TRAFFIC CONTROL
A. Furnish, erect and maintain traffic control devices as specified in the construction
drawings and directed by the Engineer including signs, barrels, cones, and
barricades to direct traffic and separate traffic from work areas.
B. Provide traffic control devices in accordance with the Iowa DOT Standard
Specification, Section 2528, Traffic Control, and the latest edition of the Manual
on Uniform Traffic control Devices (MUTCD).
C. Adjustments to the traffic control or the addition of flaggers will be required if, in
the opinion of the Engineer, undue traffic congestion occurs.
D. Provide continuous access for police, fire, and other emergency vehicles.
12. TEMPORARY FENCES
A. Install temporary fencing around project site to allow for open excavations and
material storage areas and to prevent access of unauthorized persons to
construction areas. This temporary fence shall be 6' high chain link fence with top
rail.
B. Provide temporary chain link safety fence with a nominal height of 48" around
existing trees to be protected. Support fence securely on driven posts in vertical
position.
C. Temporary fencing installed around open excavations or material storage areas
is incidental to construction and will not be measured for payment.
D. Remove temporary fencing upon completion of construction.
13. RESPONSIBILITY OF CONTRACTOR
A. Supervision of the work.
B. Protection of all property from injury or loss resulting from construction
operations.
Wetherby Park CDBG Trail Improvements Part 2—Special Construction — SP2 - 5
14.
15.
16.
17
C. Replace or repair objects sustaining any such damage, injury or loss to
satisfaction of Owner and Engineer.
D. Cooperate with Owner, Engineer, and representatives of utilities in locating
underground utility lines and structures. Incorrect, inaccurate or inadequate
information concerning location of utilities or structures shall not relieve the
Contractor of responsibility for damage thereto caused by construction
operations.
E. Keep cleanup current with construction operations.
F. Comply with all Federal, State of Iowa, and City of Iowa City, Iowa laws and
ordinances.
REMOVALS AND DISPOSAL
A. Remove from project site and dispose of vegetation, excess soil excavation,
rubbish, concrete, granular materials and other materials encountered as shown
on plans and as specified for removal.
B. Dispose of materials in accordance with applicable laws and ordinances;
Disposal sites are subject to the review and approval of the Engineer.
1. Burning of brush and other debris is not permitted. Contractor
responsible for selecting disposal site. mac, t.4
2. Dispose of broken concrete, asphalt, granular material, rubble' ,excess or
unsuitable excavated material. Contractor is responsible fbr selecfiag
disposal site.
2. Cooperate with all applicable City, State and Federal agencies
concerning disposal of materials.
3. The Owner has the first right to any excess materials from construction.
SITE ELECTRICAL
A. Refer to Construction Plan Sheets, for electrical improvements.
FIXTURE ADJUSTMENTS
A. The adjustment of any existing utility appurtenances to final grade is considered
incidental to the site work.
WORK BY OTHERS
A. The Contractor shall perform all activities necessary to properly coordinate the
work being provided by the Owner, Utility Companies and work being performed
by the Subcontractors.
Wetherby Park CDBG Trail Improvements Part 2—Special Construction — SP2 - 6
18. SURFACE RESTORATION
13
f7
A"
Finish grade all disturbed areas and smooth, uniform lines without large clods,
lumps or debris. Grade for positive drainage. Prepare the finished surfaces for
seeding.
Repair any areas disturbed by construction activities.
Protect existing turf and pavement. Any damage to turf or pavement to be
repaired by the contractor to the owner's specifications.
Wetherby Park CDBG Trail Improvements Part 2—Special Construction — SP2 - 7
0
0
c
Gn
Wetherby Park CDBG Trail Improvements Part 2—Special Construction — SP2 - 7
i" iLED
2020 AUG -4 PH 4: 19
CITY CLERK
IOWA CITY, IOV:tl
Special Conditions
Exhibit B
Supplement for all CDBG/HOME Contracts and Agreements
City of Iowa City is referred to as "recipient" below and as "contractor
and subcontractor." and agree
to abide by the following provisions, as applicable:
1) Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.), as amended.
Contracts and subgrants of amounts in excess of $100,000 shall comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution
Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to HUD and the Regional
Office of the Environmental Protection Agency (EPA).
Contractors and subcontractors agree:
a. That any facility to be used in the performance of the contract or subcontract or to benefit from the contract
is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities;
b. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et
seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating
to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section
114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued tbMunder;
0
c. That, as a condition for the award of this contract, the contractor or subcontractor will notify Ve awarding
official of the receipt of any communication from the EPA indicating that a facility to be used fgr-khe
performance of or benefit from the contract is under consideration to be listed on the EPA List ofViolating
Facilities;
d. To include or cause to be included in any construction contract or subcontract which et ° e*s $,[90,000 the
aforementioned criteria and requirements. p
r, � .•
2) Contract Work Hours and Safety Standards Act (40 U.S.C. 327 through 333)
Where applicable, all contracts awarded by recipients in excess of $2,000 for construction contracts and in
excess of $2,500 for other contracts that involve the employment of mechanics or laborers shall include a
provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40
U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of
the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a
standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the
worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess
of 40 hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no
laborer or mechanic shall be required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials
or articles ordinarily available on the open market, or contracts for transportation or transmission of
intelligence.
3) Copeland "Anti -Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c)
All contracts and subgrants in excess of $2,000 for construction or repair awarded by recipients and
subrecipients shall comply with the Copeland "Anti -Kickback" Act (18 U.S.C. 874), as supplemented by
Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or
Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that
Wetherby Park CDBG Trail Improvements Special Conditions - Page 1 of 11
each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the
construction, completion, or repair of public work, to give up any part of the compensation to which he is
otherwise entitled. The recipient shall report all suspected or reported violations to HUD.
4) Davis -Bacon Act, as amended (40 U.S.C. 276a to 276a-5)
When required by Federal program legislation, all construction contracts awarded by the recipients and
subrecipients of more than $2,000 shall include a provision for compliance with the Davis- Bacon Act (40
U.S.C. 276a to 276a-5) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor
Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction").
Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the
minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors
shall be required to pay wages not less than once a week. The recipient shall place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation and the award of a
contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all
suspected or reported violations to HUD.
5) Debarment and Suspension (E.O.s 12549 and 12689)
No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded
from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689,
"Debarment and Suspension," as set forth at 24 CFR part 24. This list contains the names of parties debarred,
suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory
authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall
provide the required certification regarding its exclusion status and that of its principal employees.
6) Drug -Free Workplace Requirements c,,
The Drug -Free Workplace Act of 1988 (42 U.S.C. 70 1) requires grantees (including individ algpf federal -
agencies, as a prior condition of being awarded a grant, to certify that they will provide dmg�ey'Workplaces.
Each potential recipient must certify that it will comply with drug-free workplace requiremettytS in accordance
with the Act and with HUD's rules at 24 CFR part 24, subpart F. r
7) Equal Employment Opportunity
Contractor shall comply with E.O. 11246, "Equal Employment Opportunity," as amended by E.O. 11375,
"Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by
regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor."
During the performance of the contract, the Contractor agrees as follows:
a. The Contractor will not discriminate against any employee or applicant for employment because of race,
color, religion, sex or national origin. The Contractor will take affirmative action to insure that applicants are
employed and that employees are treated during employment, without regard to their race, color, religion, sex
or national origin. Such action shall include, but not be limited to the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination rates of pay or other forts
of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notices to be provided by the
municipality setting forth the provisions of the non-discrimination clause.
b. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
Contractor, state that all qualified applicants will receive consideration for employment without regard to race,
color, religion, sex or national origin.
Wetherby Park CDBG Trail Improvements Special Conditions - Page 2 of 11
c. The Contractor will send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a notice, to be provided by the property Owner,
advising the labor union of workers' representative of the Contractor's commitments under this section and
shall post copies of the notice in conspicuous places available to employees and applicants for employment.
d. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the
rules, regulations and relevant orders of the Secretary of Labor.
e. The Contractor will furnish all information and reports required by Executive Order 11246 amended as of
September 24, 1965, and by the rules, regulations and orders of the Secretary of labor, or the Secretary of
Housing and Urban Development, pursuant thereto, and will permit access to his books, records, and accounts
by the property owner, the City, the Secretary of Housing and Urban Development and the Secretary of labor
for purposes of investigation to ascertain compliance with such rules, regulations and orders.
f. In the event of the Contractor's non-compliance with the non-discrimination clauses of this contract or with
any of such rules, regulations or orders, this contract may be cancelled, terminated or suspended in whole or in
part and the Contractor may be declared ineligible for further Government contracts or Federally funded
constructed contracts in accordance with procedures authorized in Executive Order 11246 of September 24,
1965, and such other sanctions may be imposed and remedies involved as provided in Executive Order 11246
of September 24, 1965, or by rule, regulations or order of the Secretary of Labor, or as otherwise provided by
law.
g. The Contractor will include the provisions of paragraphs (a) through (g) in every subcontract or purchase
order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204
of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order
as the property owner may direct as a means of enforcing such provisions, including sanctions for non-
compliance; provided, however, that, in the event the Contractor becomes involved in, or is threatened with
litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United
States to enter into such litigation to protect the interest of the United States.
0
In addition to the federal EEO requirements above, Contractor agrees that its employees at}d agents shall not
discriminate against any person in employment or public accommodation because of race,;religion, color,
creed, gender identity, sex, national origin, sexual orientation, mental or physical disabilit}�,-marital status, or
age. "Employment' shall include but not be limited to hiring, accepting, registering, classi€&n , prQ6oting, or
referring to employment. "Public accommodation" shall include but not be limited to provi33 goods
services, facilities, privileges and advantages to the public.
E
8) Lobbying and Influencing Federal Employees
i. No Federal appropriated funds shall be paid, by or on behalf of the contractor, to any person for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal
grant and the amendment or modification of any Federal grant.
ii. 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 agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the
contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities," in accordance
with its instructions.
iii. The Recipient shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
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
Wetherby Park CDBG Trail Improvements Special Conditions - Page 3 or i i
transaction imposed by section 1352, title 31, U.S. Code. 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 for each such failure."
9) Nonsegregated Facilities
The federally -assisted construction contractor certifies that she or he does not maintain or provide, for his
employees, any segregated facilities at any of his establishments and that she or he does not permit his
employees to perform their services at any location, under his control, where segregated facilities are
maintained. The federally -assisted construction contractor certifies that she or he will not maintain or provide,
for his employees, segregated facilities at any of his establishments and that she or he will not permit his
employees to perform their services at any location under his control where segregated facilities are
maintained. The federally assisted construction contractor agrees that a breach of this certification is a
violation of the Equal Opportunity Clause in this contract.
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 directives or are, in fact, segregated on the basis of
race, color, religion, or national origin because of habit, local custom, or any other reason. The federally -
assisted construction contractor agrees that (except where she or he has obtained identical certifications from
proposed subcontractors for specific time periods) she or he will obtain identical certifications from proposed
subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions
of the Equal Opportunity Clause and that she or he will retain such certifications in his files.
10) Section 3 of the Housing and Urban Development Act of 1968 (24 CFR 135.38)
Contractor agrees to comply with Section 3 requirements, the regulations set forth in 24 CFR 135, and to
include the following language in all subcontracts executed under this Agreement:
a. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section,3is to
ensure that employment and other economic opportunities generated by HUD assistance or HUD-asfted
projects covered by Section 3 shall, to the greatest extent feasible, be directed to low- and very low-4ome
persons, particularly persons who are recipients of HUD assistance for housing.
b. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135,_ ir*emelt- -
Section 3. As evidenced by their execution of this contract, the parties to this contract certif}( that the are
under no contractual or other impediment that would prevent them from complying with & 13 �el
regulations. — CD
c. The contractor agrees to send to each labor organization or representative of workers wi&which- c
contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor
organization or workers' representative of the contractor's commitments under this Section 3 clause, and will
post copies of the notice in conspicuous places at the work site where both employees and applicants for
training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall
set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions,
the qualifications for each; and the name and location of the person(s) taking applications for each of the
positions; and the anticipated date the work shall begin.
d. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with
regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of
the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the
regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the
Wetherby Park CDBG Trail Improvements Special Conditions - Page 4 of 11
contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24
CFR part 135.
e. The contractor will certify that any vacant employment positions, including training positions, that are filled
(1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to
whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to
circumvent the contractor's obligations under 24 CFR part 135.
£ Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this
contract for default, and debarment or suspension from future HUD assisted contracts.
g. With respect to work performed in connection with Section 3 covered Indian housing assistance, section
7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work
to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and
opportunities for training and employment shall be given to Indians, and (ii) preference in the award of
contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises.
Parties to this contract that are subject to the provisions of Section 3 and section 7(b) agree to comply with
Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b).
11) Women and Minority Owned Business Enterprises
Contractor shall use its best efforts to afford minority and women -owned business enterprises (at least fifty-
one (5 1) percent owned and controlled by minority group members or women) the maximum practicable
opportunity to participate in the performance of this Agreement.
12) Federal Labor Provisions (Form HUD4010, 06/2009)
Applicability
The Project or Program to which the construction work covered by this contract pertains is being assisted by
the United States of America and the following Federal Labor Standards Provisions are included in this
Contract pursuant to the provisions applicable to such Federal assistance.
A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site ofthe.worrfr, will � I
paid unconditionally and not less often than once a week, and without subsequent deduction 0 bpte� any 5.---
account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor-undet"`
the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less than those contained in the wage determination of
the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual
relationship which may be alleged to exist between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the
Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics,
subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more
than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the
particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such
laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination
for the classification of work actually performed, without regard to skill, except as provided in 29 CFR
5.5(a)(4). 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. The wage
determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii)
and the Davis -Bacon poster (WH- 132 1) 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.
(ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be
employed under the contract shall be classified in conformance with the wage determination. HUD shall
Wetherby Park CDBG Trail Improvements Special Conditions - Page 5 of 11
approve an additional classification and wage rate and fringe benefits therefor only when the following criteria
have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage
determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and HUD or its designee 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 HUD or its
designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S.
Department of labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will
approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise
HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is
necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their
representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including
the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions,
including the views of all interested parties and the recommendation of HUD or its designee, to the
Administrator for determination. The Administrator, or an authorized representative, will issue a determination
within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -
day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB
Control Number 1215-0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs
(1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the class iftcationunder this
contract from the first day on which work is performed in the classification. -
-=
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers orcioehank-9 includes
a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay th($ettefrt *s stated in
the wage determination or shall pay another bona fide fringe benefit or an hourly cash equ!'VoVent thereof.
- rn =z'
(iv) If the contractor does not make payments to a trustee or other third person, the contractotrteay donsider as
part of the wages of any laborer or mechanic the amount of any costs reasonably anticipatcdia$rot�tding 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`S'ecretary of
Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under
the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-
0140.)
2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld from the contractor under this
contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contact
subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so 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 subcontractor 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 part of the wages required by the
contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, 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. HUD or its designee may, after written notice to the contractor,
disburse such amounts withheld for and on account of the contractor or subcontractor to the respective
Wetherby Park CDBG Trail Improvements Special Conditions - Page 6 of 11
employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct
Davis -Bacon Act contracts.
3. (1) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the
contractor during the course of the work preserved for a period of three years thereafter for all laborers and
mechanics working at the site of the work. Such records shall contain the name, address, and social security
number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of
contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types
described in Section l(b)(2)(B) of the Davis -bacon Act), daily and weekly number of hours worked, deductions
made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) 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 l(b)(2)(13) of the Davis- Bacon Act, the contractor shall maintain
records which show that the commitment to provide such benefits is enforceable, that the plan or program is
financially responsible, and that the plan or program has been communicated in writing to the laborers or
mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such
benefits. Contractors employing apprentices or trainees under approved programs shall maintain written
evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of
the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by
the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.)
(G) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of
all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party,
the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission
to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information
required to be maintained under 29 CFR 5.5(a)(3)(i) except that full social security numbers and home
addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an
individually identifying number for each employee (e.g., the last four digits of the employee's social security
number). The required weekly payroll information may be submitted in any form desired. Optimal Form WH -
347 is available for this purpose from the Wage and Hour Division Web site at
hMi//www.dol.izoylcsa/whd/forms/`3wh347instr.h or its successor site. The prime contractor Oesponsible
for the submission of copies of payrolls by all subcontractors. Contractors and subconf*WTs shall maintain
the full social security number and current address of each covered worker, and shall provide thdm upon
request to HUD or its designee if the agency is a party to the contract, but if the agency-rs Fot such a party, the
contractor will submit the payrolls to the applicant sponsor, or owner, as the case may lie; for t654missiou to
HUD or its designee, the contractor, or the Wage and Hour Division of the Department of Labor,pr purposes
of an investigation or audit of compliance with prevailing wage requirements. It is not a violatiort'of this
subparagraph for a prime contractor to require a subcontractor to provide addresses and social seconty
numbers to the prime contractor for its own records, without weekly submission to 14UD or its designee.
(Approved by the Office of Management and Budget under OMB Control Number 1215-0149.)
(b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or
subcontractor or his or her agent 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 provided under 29 CFR 5.5
(a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information
is correct and complete;
(2) That each 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 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work performed, as specified in the applicable wage determination
incorporated into the contract.
Wetherby Park CDBG Trail Improvements Special Conditions - Page 7 of 11
(c) 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
subparagraph A.3.(ii)(b).
(d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or
criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under subparagraph A.3.(i) available for
inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of
Labor, 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, HUD or its designee
may, after written notice to the contractor, sponsor, applicant or owner, take such action 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.
4. Apprentices and Trainees.
(i) Apprentices. 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 U.S. Department of Labor, Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by
the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice
in such an apprenticeship program, who is not individually registered in the program, but who has been
certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship
Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio
of apprentices to journeymen 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 worker listed on a
payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above kball be paid
not less than the applicable wage rate on the wage determination for the classification of work aWbally
performed. In addition, any apprentice performing work on the job site in excess of the iaiio perautted under
the registered program shall be paid not less than the applicable wage rate on the wage determinaupn fox the
work actually performed. Where a contractor is performing construction on a project in 4locality other than
that in which its program is registered, the ratios and wage rates (expressed in percentagerpf)he journeyman's
hourly rate) specified in the contractor's or subcontractor's registered program shall be oUaVed. Every
apprentice must be paid at not less than the rate specified in the registered program for thg apprentice's level of
progress, expressed as a percentage of the journeymen hourly rate specified in the applicable' wage
determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the aMcnticeship
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 determines that a different practice prevails for the applicable apprentice classification, fringes
shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training,
Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval
of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the
applicable predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees. 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 U.S. Department of
Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not
be greater than permitted under the plan approved by the Employment and Training Administration. Every
trainee must be paid at not less than the rate specified in the approved program for the trainee's level of
progress, expressed as a percentage of the journeyman 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
Wetherby Park CDBG Trail Improvements Special Conditions - Page 8 of 11
listed on the wage determination unless the Administrator of the Wage and Hour Division determines that
there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage
determination which provides for less than full fringe benefits for apprentices. Any employee listed on the
payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment
and Training Administration shall be paid not less than the applicable wage rate on the wage determination for
the work actually performed. In addition, any trainee 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. In the event the Employment and Training Administration
withdraws approval of a training program, the contractor 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.
(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR
Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246,
as amended, and 29 CFR Part 30.
5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29
CFR Part 3 which are incorporated by reference in this contract
6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in
subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or its designee may by
appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause
requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall
be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses
in this paragraph.
7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for
termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the
Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by r*rence in
this contract c
9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions oc4is
contract shall not be subject to the general disputes clause of this contract. Such disputes sllj be resolved in
accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6,'M4-7. Disputes
within the meaning of this clause include disputes between the contractor (or any of its subcdii�r�ctor�®� andt
HUD or its designee, the U.S. Department of Labor, or the employees or their representativ 4 !
10. (i) Certification of Eligibility. By entering into this contract the contractor certifies that neither gL nor he
or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligibWto be
awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be
awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government
contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD
contracts or participate in HUD programs pursuant to 24 CFR Part 24.
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., "Federal Housing Administration
transactions", provides in part: "Whoever, for the purpose of... influencing in any way the action of such
Administration..... makes, utters or publishes any statement knowing the same to be false..... shall be fined not
more than $5,000 or imprisoned not more than two years, or both."
11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage,
salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other
manner discriminated against by the Contractor or any subcontractor because such employee has filed any
complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any
proceeding under or relating to the labor standards applicable under this Contract to his employer.
Wetherby Park CDBG Trail Improvements Special Conditions - Page 9 of 11
B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable
where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms "laborers" and
"mechanics" include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work
which may require or involve the employment of laborers or mechanics shall require or permit any such
laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of
40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one
and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set
forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be
liable for the 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 or mechanic, including watchmen and guards, employed in violation of the clause set forth in
subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was
required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime
wages required by the clause set forth in sub paragraph (1) of this paragraph.
(3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action
or upon written request of an authorized representative of the Department of Labor withhold or cause to be
withheld, from any moneys payable on account of work performed by the contractor or subcontractor under
any such contract or any other Federal contract with the same prime contract, 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 subparagraph (2)
of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this
0
paragraph
C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prune "
contract exceeds $100,000.
(1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to his health and safety as determined under constructiTn.safety hd health
standards promulgated by the Secretary of Labor by regulation.
(2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to TitW29 Part
1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and
Safety Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC 3701 et seq.
(3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions
will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor
as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of
enforcing such provisions.
13) Access and Maintenance of Records
The contractor must maintain all required records for five years after final payments are made and all other
pending matters are closed.
Wetherby Park CDBG Trail Improvements Special Conditions - Page 10 of 11
At any time during normal business hours and as frequently as is deemed necessary, the contractor shall make
available to the Iowa Department of Economic Development, the State Auditor, the General Accounting
Office, and the Department of Housing and Urban Development, for their examination, all of its records
pertaining to all matters covered by this contract and permit these agencies to audit, examine, make excerpts or
transcripts from such records, contract, invoices, payrolls, personnel records, conditions of employment, and
all other matters covered by this contract.
14) Civil Rights Provisions
As applicable, the Subcontractor agrees to comply with
a. Title VI of the Civil Rights Act of 1964 as amended Title VI, codified at 42 U.S.C. § 2000d, prohibits racial
discrimination by recipients of federal funds as follows: No person in the United States shall, on the ground of
race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal financial assistance.
b. Title VIII of the Civil Rights Act of 1968 as amended Title VIII of the Civil Rights Act of 1968, as amended
by the Fair Housing Act of 1988, which is codified at 42 U.S.C. § 3604, prohibits discriminating against
persons in the sale or rent or a dwelling based on disability. Discrimination includes a refusal to make
reasonable accommodations in rules and policies, when such accommodations may be necessary to afford such
person equal opportunity to use and enjoy a dwelling.
Iowa Civil Rights Act of 1965: The Iowa Civil Rights Act prohibits discrimination in employment based on
positive HIV tests or on AIDS or the symptoms of AIDS and on the basis of pregnancy, childbirth, and related
conditions. Also prohibited is employment discrimination based on age, race, creed, color, sex, national origin,
religion, and disability. The Iowa Civil Rights Act is administered and enforced by the Iowa Civil Rights
Commission (ICRC).
c. Section 109 of Title I of the Housing and Community Development Act of 1974 as amended
Section 109 is codified at 42 USC 5309 and provides that no person shall on the ground of race, color, national
origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity funded in whole or in part with CDBG and/or HOME funds.
d. Americans with Disabilities Act of 1990 as amended
The Americans with Disabilities Act of 1990, as amended, prohibits private employers tate and local
governments, employment agencies and labor unions from discriminating against quat> ed, individuals with
disabilities in job application procedures, hiring, firing, advancement, compensation, j-ebTaining, and other
terms, conditions, and privileges of employment. The ADA covers employers with 15�rt lore-
'employees,
including state and local governments.
e. Section 504 of the 1973 Rehabilitation Act n
The Subcontractor agrees to comply with all Federal regulations issued pursuant to compliance with Section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals
with disabilities or handicaps in any Federally assisted program. The Contractor shall provide the
Subcontractor with any guidelines necessary for compliance with that portion of the regulations in force during
the term of this Agreement.
f Age Discrimination Act of 1975
This prohibits discrimination on the basis of age in programs or activities receiving Federal financial
assistance.
g. Executive Order 11063
This Executive Order signed by President Kennedy "prohibits discrimination in the sale, leasing, rental, or
other disposition of properties and facilities owned or operated by the federal government or provided with
federal funds."
15) Prevailing Wage — See insert if applicable.
Wetherby Park CDBG Trail Improvements Special Conditions - Page 11 of 11
ILEA
2020 AUG -4 PF, 4* 19
C1 T Y CLERK
1U -00A CITY, IOVI","
ACTION PLAN FOR ACCIDENTAL DISCOVERY
In the event that an archeological site, subsurface features, artifacts, human burials, or human
remains are encountered during the implementation of this Project, the State Historical
Preservation Office (SHPO) will be immediately informed of the discovery and excavation
activities will cease until an assessment has been made by a qualified archaeologist.
In the event that human remains are discovered, excavation activities will cease. Skeletal
remains and associated burial grounds will not be removed from the site or otherwise disturbed,
and local authorities and the Director of Burials at the Office of the State Archaeologist will be
contacted immediately.
ACTION PLAN
The Contractor will cease all excavation activities and inform the City of Iowa City, Community
Development Department immediately upon accidental discovery of an archeological site,
subsurface features, artifacts, human burials, or human remains. The City will contact the
following parties within 24 hours of an accidental discovery:
SHPO, Daniel Higginbottom, Archaeologist
600 East Locust, Des Moines, IA 50319
(515)281-6412
Indian Tribes Requesting Consultation:
Sac & Fox Tribe of the Mississippi in Iowa Iowa Tribe of Oklahoma
Johnathan Buffalo
The Cultural Preservation Office
349 Meskwaki Road
RR I, Box 721
Tama, IA 52339-9629
Perkins, OK 74059
(641) 484-3185
(405) 547-2402
Iowa Tribe of Kansas and Nebraska
Section 106 Coordinator
3345 Thrasher Road
White Cloud, KS 66094
For the discovery of human remains,
Miami Tribe of Oklahoma
Tribal Historic Preservation Officer _
PO Box 1326 c
Miami, OK 74355
the following parties will also be immediately notified:
Director of Burials Iowa City Police Department o
Office of the State Archaeologist
700 Clinton St.
Iowa City, IA 52240
(319) 384-0732
410 E. Washington St.
Iowa City, IA 52240
(319)356-5270
9
M
Work will not commence until a qualified archaeologist makes an assessment. If necessary,
work will not commence until approval from local authorities after the discovery of human
remains. After consultation with the appropriate parties and approval by the agency official, the
City will send written notification to the contractor once work is able to proceed. For any
questions or concerns regarding this Action Plan, call the Community Development Office, City
of Iowa City at (319) 356-5230.
Revised 5/23/18
Wetherby Park CDBG Trail Improvements Action Plan — Page 1 of 1
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7/31/2020 beta.SAM.gov
"General Decision Number: IA20200028 06/12/2020
State: Iowa
Construction Types: Heavy and Highway
Counties: Adair, Adams, Allamakee, Appanoose, Audubon,
Benton, Black Hawk, Boone, Bremer, Buchanan, Buena Vista,
Butler, Calhoun, Carroll, Cass, Cedar, Cerro Gordo, Cherokee,
Chickasaw, Clarke, Clay, Clayton, Clinton, Crawford, Dallas,
Davis, Decatur, Delaware, Des Moines, Dickinson, Dubuque,
Emmet, Fayette, Floyd, Franklin, Fremont, Greene, Grundy,
Guthrie, Hamilton, Hancock, Hardin, Harrison, Henry, Howard,
Humboldt, Ida, Iowa, Jackson, Jasper, Jefferson, Johnson,
Jones, Keokuk, Kossuth, Lee, Linn, Louisa, Lucas, Lyon,
Madison, Mahaska, Marion, Marshall, Mills, Mitchell, Monona,
Monroe, Montgomery, Muscatine, O'Brien, Osceola, Page, Palo
Alto, Plymouth, Pocahontas, Polk, Pottawattamie, Poweshiek,
Ringgold, Sac, Shelby, Sioux, Story, Tama, Taylor, Union, Van
Buren, Wapello, Warren, Washington, Wayne, Webster, Winnebago,
Winneshiek, Woodbury, Worth and Wright Counties in Iowa.
EXCLUDES SCOTT COUNTY
HEAVY AND HIGHWAY CONSTRUCTION PROJECTS
Note: Under Executive Order (EO) 13658, an hourly minimum wage
of $10.80 for calendar year 2020 applies to all contracts
subject to the Davis -Bacon Act for which the contract is
awarded (and any solicitation was issued) on or after January
1, 2015. If this contract is covered by the E0, the contractor
must pay all workers in any classification listed on this wage
determination at least $10.80 per hour (or the applicable wage
rate listed on this wage determination, if it is higher) for
all hours spent performing on the contract in calendar year
2020. If this contract is covered by the EO and a
classification considered necessary for performance of work on
the contract does not appear on this wage determination, the
contractor must pay workers in that classification at least the
wage rate determined through the conformance process set forth
in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is
higher than the conformed wage rate). The EO minimum wage rate
will be adjusted annually. Please note that this EO applies to
the above-mentioned types of contracts entered into by the
federal government that are subject to the Davis -Bacon Act
itself, but it does not apply to contracts subject only to the
Davis -Bacon Related Acts, including those set forth at 29 CFR
5.1(a)(2)-(60). Additional information on contractor
requirements and worker protections under the EO is available
at www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 06/12/2020
SUTA2020-001 10/18/2017
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Rates
Fringes
Carpenter
& Piledrivermen
ZONE
1 ......................$
28.52
14.08
ZONE
2 ......................$
26.73
14.08
ZONE
3 ......................$
26.73
14.08
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ZONE 4 ......................$ 26.25 11.50
ZONE 5** ....................$ 25.15 9.90
CONCRETE FINISHER
ZONE
1 ......................$
28.10
7.40
ZONE
2 ......................$
28.10
7.40
ZONE
3 ......................$
28.10
7.40
ZONE
4 ......................$
25.45
6.40
ZONE
5 ......................$
24.40
6.40
ELECTRICIAN (STREET AND
HIGHWAY LIGHTING AND TRAFFIC
SIGNALS)
ZONE 1, 2, AND 3............$ 25.05 6.80
ZONE 4 ......................$ 23.75 6.80
ZONE 5 ......................$ 21.60 6.80
IRONWORKER
(SETTING OF
ZONE 1
STRUCTURAL
STEEL)
GROUP
ZONE
1 ......................$
31.50
10.90
ZONE
2 ......................$
29.41
10.90
ZONE
3 ......................$
29.41
11.20
ZONE
4 ......................$
27.35
9.90
ZONE
5** ....................$
25.50
9.45
LABORER
co
ZONE 1
ZONE 1,
2 AND 3
GROUP
GROUP
A ....................$
23.75
9.68
GROUP
AA ...................$
26.13
9.68
GROUP
B ....................$
21.90
9.68
GROUP
C ....................$
18.82
9.68
ZONE 4
GROUP
GROUP
A ....................$
21.27
9.08
GROUP
8 ....................$
19.95
9.08
GROUP
C ....................$
17.07
9.08
ZONE 5
27.70
14.90
ZONE 3
GROUP
A ....................$
21.77
7.63
GROUP
B ....................$
19.27
7.63
GROUP
C ....................$
18.42
7.63
POWER EQUIPMENT OPERATOR
co
ZONE 1
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GROUP
A ....................$
32.55
14.90
GROUP
B ....................$
31.00
14.90
GROUP
C ....................$
28.50
14.90
GROUP
D ....................$
28.50
14.90
ZONE 2
GROUP
A ....................$
31.85
14.90
GROUP
B ....................$
30.25
14.90
GROUP
C ....................$
27.70
14.90
GROUP
D ....................$
27.70
14.90
ZONE 3
GROUP
A ....................$
29.70
24.65
GROUP
B ....................$
27.90
24.65
GROUP
C ....................$
26.90
24.65
GROUP
D ....................$
26.90
24.65
ZONE 4
GROUP
A ....................$
31.05
12.50
GROUP
B ....................$
29.91
12.50
GROUP
C ....................$
27.83
12.50
GROUP
D ....................$
27.83
12.50
ZONE 5
GROUP
A ....................$
28.02
10.70
GROUP
B ....................$
26.98
10.70
GROUP
C ....................$
25.25
10.70
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GROUP D ....................$ 24.25 10.70
TRUCK DRIVER (AND PAVEMENT
MARKING DRIVER/SWITCHPERSON)
ZONE
1 ......................$
24.45
11.15
ZONE
2
.................................$
Ci
24.45
11.15
ZONE
3 ......................$
24.45
11.15
ZONE
4 ......................$
24.45
6.95
ZONE
5
c�
.................................$ 22.50 6.95
ZONE DEFINITIONS
ZONE 1 The Counties of Polk, Warren, and Dallas for all
Crafts, and Linn County Carpenters only.
ZONE 2 The Counties of Dubuque for all Crafts and Linn County
for all Crafts except Carpenters.
ZONE 3 The Cities of Burlington, Clinton, Fort Madison,
Keokuk, and Muscatine (and abutting municipalities of any
such cities).
ZONE 4 Story, Black Hawk, Cedar, Jasper, Jones, Jackson,
Louisa, Madison, and Marion Counties; Clinton County
(except the City of Clinton), Johnson County, Muscatine
County (except the City of Muscatine), the City of Council
Bluffs, Lee County and Des Moines County.
ZONE 5 All areas of the state not listed above.
LABORER CLASSIFICATIONS - ALL ZONES
GROUP AA - (Skilled pipelayer (sewer, water and conduits) and
tunnel laborers; asbestos abatement worker) (Zones 1, 2 and
3).
GROUP A - Carpenter tender on bridges and box culverts; curb
machine (without a seat); deck hand; diamond & core drills;
drill operator on air tracs, wagon drills and similar
drills; form setter/stringman on paving work; gunnite
nozzleman; joint sealer kettleman; laser operator;
powderman tender; powderman/blaster; saw operator;
{pipelayer (sewer, water, and conduits); sign erector';
tunnel laborer; asbestos abatement worker (Zones 4 and 5)),
sign erector.
GROUP B - Air, gas, electric tool operator; barco hammer;
carpenter tender; caulker; chain lawman; compressor (under
400 cfm); concrete finisher tender; concrete processing
materials and monitors; cutting torch on demolition; drill
tender; dumpmen; electric drills; fence erectors; form line
expansion joint assembler; form tamper; general laborer;
grade checker; handling and placing metal mesh, dowel bars,
reinforcing bars and chairs; hot asphalt laborer;
installing temporary traffic control devices;
jackhammerman; mechanical grouter; painter (all except
stripers); paving breaker; planting trees, shrubs and
flowers; power broom (not self-propelled); power buggyman;
rakers; rodman (tying reinforcing steel); sandblaster;
seeding and mulching; sewer utility topman/bottom man;
spaders; stressor or stretcherman on pre or post tensioned
concrete; stringman on re/surfacing/no grade control;
swinging stage, tagline, or block and tackle; tampers;
timberman; tool room men and checkers; tree climber; tree
groundman; underpinning and shoring caissons over twelve
feet deep; vibrators; walk behind trencher; walk behind
paint stripers; walk behind vibrating compactor; water
pumps (under three inch); work from bosun chair.
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GROUP C - Scale weigh person; traffic control/flagger,
surveillance or monitor; water carrier.
POWER EQUIPMENT OPERATOR CLASSIFICATIONS - ALL ZONES
GROUP A - All terrain (off road) forklift; asphalt breakdown
roller (vibratory); asphalt laydown machine; asphalt plant;
asphalt screed; bulldozer (finish); central mix plant;
concrete pump; crane; crawler tractor pulling scraper;
directional drill (60,000 (lbs) pullback and above);
dragline and power shovel; dredge engineer; excavator (over
Q cu. yd.); front end loader (4 cy and over); horizontal
boring machine; master mechanic; milling machine (over 350
hp); motor grader (finish); push cat; rubber tired backhoe
(over Q cu. yd.); scraper (12 cu. yd. and over or finish);
Self-propelled rotary mixer/road reclaimer; sidebroom
tractor; slipform portland concrete paver; tow or push
boat; trenching machine (Cleveland 80 or similar)
GROUP B - Articulated off road hauler, asphalt heater/planer;
asphalt material transfer vehicle; asphalt roller; belt
loader or similar loader; bulldozer (rough); churn or
rotary drill; concrete curb machine; crawler tractor
pulling ripper, disk or roller; deck hand/oiler;
directional drill (less than 60,000 (lbs) pullback);
distributor; excavator (1/2 cu. yd. and under); form riding
concrete paver; front end loader (2 to less than 4 cu.
yd.); group equipment greaser; mechanic; milling machine
(350 hp. and less); paving breaker; portland concrete dry
batch plant; rubber tired backhoe (1/2 cu. yd. and under);
scraper (under 12 cu. yd.); screening, washing and crushing
plant (mobile, portable or stationary); shoulder machine;
skid loader (1 cu. yd. and over); subgrader or trimmer;
trenching machine; water wagon on compaction.
GROUP C - Boom & winch truck; concrete spreader/belt placer;
deep wells for dewatering; farm type tractor (over 75 hp.)
pulling disc or roller; forklift; front end loader (under 2
cu. yd.); motor grader (rough); pile hammer power unit;
pump (greater than three inch diameter); pumps on well
points; safety boat; self-propelled roller (other than
asphalt); self-propelled sand blaster or shot blaster,
water blaster or striping grinder/remover; skid loader
(under 1 cu. yd.); truck mounted post driver.
GROUP D - Boiler; compressor; cure and texture machine; dow
box; farm type or utility tractor (under 75 hp.) pulling
disk, roller or other attachments; group greaser tender;
light plants; mechanic tender; mechanical broom; mechanical
heaters; oiler; pumps (under three inch diameter); tree
chipping machine; truck crane driver/oiler.
** CARPENTERS AND PILEDRIVERMEN, or IRONWORKERS (ZONE 5)
Setting of structural steel; any welding incidental to bridge
or culvert construction; setting concrete beams.
* ADDED CRAFT - SIGN ERECTOR
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
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for Federal Contractors applies to all contracts subject to the
Davis -Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the E0, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the ED
is available at www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of ""identifiers"" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than ""SU"" or
""UAVG"" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
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calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis -Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
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Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION"
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FILED
2020 AUG -4 PH 4: 20
CITY CLERK
10WA CITY, IOWA
CONSTRUCTION PLANS FOR
WETHERBY PARK CDBG TRAIL IMPROVEMENTS
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CITY OF IOWA CITY,
JOHNSON COUNTY, IOWA
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VICINITY MAP
Sheet Index
SheetNumb Sheet Title
thea TRlE e11FF!
0101 PROJECT efgiWllCe
CAO 91fE UYOIIfPWJ
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&ASSOCIATES
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Sheet C100
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Sheet C100
LOCATION MAP
SURVEY INFORMATION
BENCHMARKS
NORTH AMERICA! VERTIGU MAIM DERBIES
E1BM (NAVW6-GEOOtUI
,ARM DERIVED - UR SURVEY FEET
BME02 ELEV•70500
RNLROAD SPIKE IN LIGHT POLE, NORM OF PARKING LOT W
NORTH SIDE OF PARK..AIT NORTH OF WRM PARING LOT
EDGE. IAS SHOWN ON SURVEYI
IOWA SOUTH STATE PLANE COORDINATE SYSTEM
NADVID01 I KEPOCH TABAR) WYM DERIVED - US SURVEY FEET
CM N=621180.34Ee218326281Z-685.46
IRON ROD WIN CONTROL CAP IAS SHOWN ON SURVEY)
MI N0101122.26E•2181"9.90 ZME3.6
IRON ROD MRH CONTROL CAPIAS SHOWN ON SURVEY)
VT! NK 156561E-2182INMZ-718X
IRON ROD W11H CONTROL CAP NB BROWN ON SURVEYI
PROJECT DESCRIPTION
BASE BID.
CONSTRUCTION OF WEIHERI PINK GOBS TRAIL IMPROVEMENTS SMALL TNI BUT NOT LIMITED TO DEMO RpN OF EXISTING GRAVEL
NEW PCC TRAIL. FINISH GRADING, BOEING AND ASSOCIATEO WORK AS SECAM ON THE PLANS
PROJECT TTEIAB
Ikm% Mm Oem¢Ibn
REFERENCE
CITY
UM
S.cOdn 2010- 6HHwo*, Sub9Rad.. and Sub6M6
-
1 TaPsOI
2010.108,1
1
LS
Section 7010 - POHlaed CAPRI CnRM4 PAVNna.(
T CONTRACTOR SHALL CONSTRUCT THE PROPOSED IMPROVEMENTS BUSED ON THE
2 Pavement. PCC V
7010. 1 0, A
2,055
SY
SecNoR 9010-S..din9
CT
T DW WHICH CONSIST OE MESE FLANS AND THE PROJECT MWUK
3 1 Hydraulk Seedln. FeTlIzYlg and Mulching
SO10. 108. A
1
LS
SRI1 n11,010-Comin¢Uon Survq
�I
C 1 Conswtlbn Suney
11010.108.A
1
LS
SeC11aN 11,050. SWI.) INm:
N
URBAN DEIN
SPECIFICATIONS (SVOAS)AS AMENDED BY ME CITY OF
STATEWIDE URBAN DESIGN AS
5 WWization
11010, 1 08, A
1
LS
6 CoMr.N WaFOIAM
11,010,1 DB, A
1
LS
7 Demoliion WOHI
11.010.1.0.
1
LB
B' i -AWN
EXISTING GRAI i
NULAR TRAIL TO BE
REMOVED, S DEPT. DO NOT
EXCAVATE a20CM 9 Or) BELOW
TOP OF EXISTING TRAIL SNMACE
10
)STING TRAIL CROSS-SECTION
NO SCALE
B WIDE grEj
60FPIH PCC TRAIL9seELDIWTOF
Zx SLOPE oFTRAI
T DONOTEXCAVAE,XILMT.I I
SEEM TOP OF EXISTING TRAIL
SURFACE.
PROPOSED TRAIL CROSS-SECTION
D MOSGME
9
r-
O
GE.. NOTES
T CONTRACTOR SHALL CONSTRUCT THE PROPOSED IMPROVEMENTS BUSED ON THE
C
CT
T DW WHICH CONSIST OE MESE FLANS AND THE PROJECT MWUK
MUCH CONTAINS BID IN ALIO TECHNICAL SPECIFICATIONS. ANY PROPOSED
VIRIONOTINCLU BID TIN
�I
L
"ESE DO CONSTRUCTED AS PER IOWA
REINS NOT MESE DOCUMENTS SHALL
N
URBAN DEIN
SPECIFICATIONS (SVOAS)AS AMENDED BY ME CITY OF
STATEWIDE URBAN DESIGN AS
PE
R)WACITY SUPPLEMENTAL SPECIFlUTIIXIS.
�J
2 Cg1iMCTOR IS RESPONSIBLE FOR REPAIRS OF DAMAGE TO ANY EASTWG
F
Qj
IMPROVEMENTS WRING CONSTRUCTION, SUCH AS, BUT NOT UNITED TO, URLRIES,
PAVEMENT, STRIPING. CURES. ETC. REPAIRS SHALL BE EpML TO ON BETTER THAN
L
a
EXISTING CONMOONS AT CONTRACTOR'S EXPENSE.
3. CONTRACTORS RESPONSIBLE FOR CONDUCPNG A SITE "SEE PRIOR TO BIDDING TO
BECOME FAMILIA WITH EXISTING FEATURES AND CONDITIONS.
A. UTILITY WARNING'. ME URLTES SHOWN HAVE BEEN LOCATED FROM FIELD SURVEY
i
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INFORMATION ARM RECORDS OBTAINED. THE SURVEYOR MMES NO GUARANTEE
THAT Tiff UTILITIES SHOWN COMPRISE ALL SUCH UTILITIES IN THE AREA EITHER IN
{
SERVICE pE ABANDONED. THE SURVEYOR TERI WES NOT WARRANT THAT THE
r 2
URLTESSHOWN ARE IN ME EXACT LOCATION INDICATED. VERIFY LOCATION OF ALL
E F
Y
1RILRI' BEFORE CONSTRUCTION.
Q
5 NOTIFY UTILRY PROVIDERS PRIOR TO MORNING ANY CONSTRUCTION ACTIVRIES AND
COORDINATE WITH U UTY PROVIDERS AS NECESSARY DURING CONSTRUCTION.
CONTRACTOR IS RESPONSIBLE FOR DETERMINING EXISTENCE, EXACT LOCATION, AND
DEPTH OF ALL UTILRIES. PROTECT ALL UTNTY LINES AND STRUCTURES NOT SHOWN
Q
FOR REMOVAL OR MODIFICATION. ANY DAMAGES TO UTILITY ITEMS NOT SHOWN FOR
REMOVAL OR MDMFIUTON SINAL BE REPAIRED TO THE UTILITY OWNERS
>
$
SPEOFICATICN3 AT MECONIMCTOI9 EXPENSE.
FC
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6. CGATR SHAUL NOTIFY OWNER AND ENGHEER AT LEAST H HOURS PRIOR TO
R
O
BEGINNING WORK
O
E�
U
]. DIMENSIONS, UTWRES AND GRANNG OF THIS SITE ARE BASED ON 4VAl1ABLE
INFORIMTION AT ME TIME OF MESH. DEVNTIONS MAY BE NECESSARY IN ME FIELD.
Z
p U
ANY SUCH CHANGES OR CONFLICTS BETWEEN MESE PLANS AND FIELD CONDITIONS
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ME TO BE REPORTED TO THE ENGINEER PRIOR TO STARTING CONSTRUCTION. ME
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CITY CLERK
CITY OF IOWA CITY
ICPD
410 E WASHINGTON ST
IOWA CITY IA 522401825
State of Wisconsin
County of Brown, ss.:
PRESS -CITIZEN MEDIA
PARTOFTHE USA TODAY NETWORK
This is not an invoice
# of Afridavitsl
AFFIDAVIT OF PUBLICATION
The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly
organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City,
Iowa, the publisher of
Iowa City Press Citizen
newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and tha
an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed
and published in Iowa City Press Citizen on the following dates:
Ad No. Start Date: Run Dates: Cost:
0004317857 8/11/20 08/11/2020 $38.31
Copy of Advertisement
Exhibit "A" A N&
Subscribed nd sworn to before me by said affiant this
11 day of August. 2020
qIJ470--
Notary Public
13
Commission expires
SHELLY HORA
Notary Public
State of Wisconsin
Prepared by: Jason Reichert, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5416
Resolution No. 20-185
Resolution setting a public hearing on August 18, 2020 on project
manual and estimate of cost for the construction of the Wetherby Park
CDBG Trail Improvements Project, directing City Clerk to publish notice
of said hearing, and directing the City Engineer to place said project
manual on file for public inspection.
Whereas, funds for this project are available in the Parks Annual Improvements/Maintenance
account #R4130.
Now, therefore, be it resolved by the Council of the City of Iowa City, Iowa, that:
1. A public hearing on the project manual and estimate of costforthe construction of the above-
mentioned project is to be held on the 181 day of August 2020, 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. City Hall is currently closed to the public because of the coronavirus. If City Hall remains
closed to the public, the meeting will be an electronic meeting using the Zoom Meetings
Platform. For information on how to participate in the electronic meeting, see
www.icgov.org/councildocs or telephone the City Clerk at 319/356-5043.
3. 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.
4. A copy of the project manual 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^August _,2020
Mdor
ov d by
Attest:
City Jerk City Attorney's Office - 07/30/2020
It was moved by Salih and seconded by
adopted, and upon roll call there were:
Ayes:
rs
Nays:
Weiner the Resolution be
Absent:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
Prepared by: Jason Reichart, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5416
Resolution No. 20-197
Resolution approving project manual and estimate of cost for the
construction of the Wetherby Park CDBG Trail Improvements
Project, establishing amount of bid security to accompany each
bid, directing City Clerk to post notice to bidders, and fixing time
and place for receipt of bids.
Whereas, notice of public hearing on the project manual and estimate of cost for the above-named
project was published as required by law, and the hearing thereon held; and
Whereas, the City Engineer or designee intends to post notice of the project on the website owned
and maintained by the City of Iowa City; and
Whereas, funds for this project are available in the Parks Annual Improvements/Maintenance
account #R4130.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that:
1. The project manual 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 amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa
City, Iowa.
3. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3,
not less than 13 days and not more than 45 days before the date of the bid letting, which
may be satisfied by timely posting notice on the Construction Update Network, operated by
the Master Builder of Iowa, and the Iowa League of Cities website.
4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa,
at the Office of the City Clerk, at the City Hall, before 2:00 p.m. on the 81 day of September
2020. At that time, the bids will be opened by the City Engineer or his designee, and
thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said
bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City,
Iowa, at 7:00 p.m. on the 151 day of September, 2020, or at a special meeting called for that
purpose. If City Hall is closed to the public due to the health and safety concerns from
COVID-19, sealed bids may still be delivered in person on Mondays through Fridays 8:00
am to 5:00 pm. The person delivering the sealed bid may come to the front lobby of City
Hall, 410 E. Washington St., Iowa City, Iowa, and upon arrival telephone the City Clerk at
319/356-5043.
5. City Hall is currently closed to the public because of the COVID-19. If City Hall remains
closed to the public, the meeting will be an electronic meeting using the Zoom Meetings
Platform. For information on how to participate in the electronic meeting, see Www.
Icgov.org/councildocs or telephone the City Clerk.
9
r'
Resolution No. 20-197
Page 2
Passed and approved this 18th day of August '2020.
e -n I---
Mayor
Approv oy `
Attest:+L2)
City Clerk City Attorney's Office
(Sara Greenwood Hektoen — 08/12/2020)
It was moved by Mims and seconded by sergus the Resolution be
adopted, and upon roll call there were:
Ayes:
Nays:
Absent:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
o
IOWA
LEAGUE
4fCITIES
CERTIFICATE
The Iowa League of Cities an entity organized under the laws of Iowa as an
instrumentality of its member cities, with its principal place of business in Des
Moines, Polk County, Iowa, does hereby certify that I am now and was at the time
hereinafter mentioned, the duly qualified and acting Executive Director of the
Iowa League of Cities, and that as such Executive Director of the League and by
full authority from the Executive Board, I have caused a
NOTICE TO BIDDERS
Wetherby Park CDBG Trail Improvement
Classified ID: 127960
A printed copy of which is attached and made part of this certificate, provided on
08/19/2020 to be posted on the Iowa League of Cities' internet site on the
following date:
August 20, 2020
I certify under penalty of perjury and pursuant to the laws of the State of Iowa that
the preceding is true and correct.
8/19/2020
Alan Kemp, Executive Director
0100
NOTICE TO BIDDERS
WETHERBY PARK CDBG TRAIL IMPROVEMENTS
Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:00 p.m.
on the 8'h day of September, 2020. Sealed proposals will be opened immediately thereafter. Bids
submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project.
Proposals received after this deadline will be returned to the bidder unopened. Proposals will be
acted upon by the City Council at a meeting to be held at 7:00 p.m. on the 15'" of September,
2020, in Emma J. Harvat Hall of the Iowa City City Hall, 410 E. Washington Street, Iowa City. If
City Hall remains closed to the public, the meeting will be an electronic meeting using the Zoom
Meetings Platform. For information on how to participate in the electronic meeting, see
www.icgov.org/councildocs or telephone the City Clerk at 319/356-5043.
The Project will involve the following:
Base Bid:
Construction of Wetherby Park CDBG Trail Improvements shall include, but not limited to,
granular trail removal, new PCC trail, finish grading, seeding, and associated work.
All work is to be done in strict compliance with the Project Manual prepared by Snyder &
Associates, Inc., of Iowa City, Iowa, which has heretofore been approved by the City Council, and
are on file for public examination in the Office of the City Clerk.
Each proposal shall be completed on a form furnished by the City and must be submitted in a
sealed envelope. In addition, a separate sealed envelope shall be submitted containing a
completed Bidder Status Form and a bid security executed by a corporation authorized to contract
as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made
payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the
City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10)
calendar days of the City Council's award of the contract and post bond satisfactory to the City
(in the form shown in Section 0510) ensuring the faithful performance of the contract and
maintenance of said Project, if required, pursuant to the provisions of this notice and the other
contract documents. The City shall retain the bid security furnished by the successful bidder until
the approved contract has been executed, the required Performance, Payment, and Maintenance
Bond (as shown in Section 0510) has been filed by the bidder guaranteeing the performance of
the contract, and the contract and security have been approved by the City. The City shall
promptly return the checks or bidder's bonds of unsuccessful bidders to the bidders as soon as
the successful bidder is determined or within thirty days, whichever is sooner.
The successful bidder will be required to furnish a Performance, Payment, and Maintenance Bond
in an amount equal to one hundred percent (100%) of the contract price and in the form shown in
Section 0510, said bond to be issued by a responsible surety approved by the City, and shall
guarantee the prompt payment of all materials and labor, and also protect and save harmless the
City from all claims and damages of any kind caused directly or indirectly by the operation of the
contract, and shall also guarantee the maintenance of the improvement for a period of Five (5)
year(s) from and after its completion and formal acceptance by the City Council.
Wetherby Park CDBG Trail Improvements 0100 — Page 1 of 2
The following limitations shall apply to this Project:
Specified Start Date: September 21, 2020
Substantial Completion: November 15, 2020
Final Completion: May 1, 2021
Liquidated Damages: $500.00 per day
The Project Manual may be examined at the office of the City Clerk. Copies thereof and blank
forms may be secured at the office of Technigraphics, a division of Rapids Reproductions located
at 415 Highland Ave, Suite 100, Iowa City, Iowa 52240, Phone: 319-354-5950, Fax: 319-354-
8973, Toll -Free: 800-779-0093, by bona fide bidders.
A $50,00 fee plus $20.00 for shipping and handling is required for each set of plans and
specifications provided to bidders or other interested persons. The fee shall be in the form of a
check, made payable to the City of Iowa City, Iowa, by bona fide bidders. The $50.00 deposit will
be refunded to plan holders who return the bidding documents in good condition within 14 days
after receipt of bids.
Prospective bidders are advised that the City of Iowa City desires to employ minority contractors
and subcontractors on City projects. A listing of minority contractors can be obtained from the
Iowa Department of Inspections and Appeals at (515) 281-5796 and the Iowa Department of
Transportation Contracts Office at (515) 239-1422.
Bidders shall list on the Proposal the names of persons, firms, companies or other parties with
whom the bidder intends to subcontract. This list shall include the type of work and approximate
subcontract amount(s).
The Contractor awarded the contract shall list on the Contract its subcontractors, together with
quantities, unit prices and extended dollar amounts.
By virtue of statutory authority, preference must be given to products and provisions grown and
coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required
under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project.
The City reserves the right to reject any or all proposals, and also reserves the right to waive
technicalities and irregularities.
Posted upon order of the City Council of Iowa City, Iowa.
KELLIE FRUEHLING, CITY CLERK
Wetherby Park CDBG Trail Improvements 0100 — Page 2 of 2
Ashley Platz
From:
Cindy Adams <CAdams@mbi.build>
Sent:
Thursday, August 20, 2020 8:11 AM
To:
Ashley Platz
Subject:
Certificate for Notice to Bidders
Attachments:
08.20.20 notice to bidders.pdf
RISK(
Certificate
The undersigned, being first duly sworn on oath, states that The Construction Update Plan Room Network ("CU
Network") is a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of
business in Des Moines, Polk County, Iowa. The undersigned also states that he is now and was at the time hereinafter
mentioned, the duly qualified and acting President / CEO of the CU Network, and that as such President / CEO of the CU
Network and by full authority from the Executive Board, he caused a
NOTICE TO BIDDERS
Iowa City — Wetherby Park CDBG Trail Improvements
A printed copy of which is attached and made part of this certificate, to be posted in the Construction Update Network
Plan Room, a relevant contractor plan room service with statewide circulation and a relevant contractor lead generating
service with statewide circulation, on the following date(s):
August 20, 2020
I certify under penalty of perjury and pursuant to the laws of the State of Iowa that the preceding is true and correct.
August 20, 2020
Date President/CEO of The Construction Update Plan Room Network
Cindy Adams — Project Information Specialist
Construction Update powered by ConstructConnect
221 Park Street — Des Moines, Iowa 50309
(D) 515.402-9858 (0) 515-288-7339
(e) cuhelp@MBI.Build
(w) https://MBi.Build
(w) https://IowaConstructionUpdate.com
(w) www.iowabiddate.com
DAILY NOTICE
TO BIDDERS
construction
update
0100
NOTICE TO BIDDERS
WETHERBY PARK CDBG TRAIL IMPROVEMENTS
Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:00 p.m.
on the 81 day of September, 2020. Sealed proposals will be opened immediately thereafter. Bids
submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project.
Proposals received after this deadline will be returned to the bidder unopened. Proposals will be
acted upon by the City Council at a meeting to be held at 7:00 p.m. on the 15`^ of September,
2020, in Emma J. Harvat Hall of the Iowa City City Hall, 410 E. Washington Street, Iowa City. If
City Hall remains closed to the public, the meeting will be an electronic meeting using the Zoom
Meetings Platform. For information on how to participate in the electronic meeting, see
www.icaoy.ora/councildocs or telephone the City Clerk at 319/356-5043.
The Project will involve the following:
Base Bid:
Construction of Wetherby Park CDBG Trail Improvements shall include, but not limited to,
granular trail removal, new PCC trail, finish grading, seeding, and associated work.
All work is to be done in strict compliance with the Project Manual prepared by Snyder &
Associates, Inc., of Iowa City, Iowa, which has heretofore been approved by the City Council, and
are on file for public examination in the Office of the City Clerk.
Each proposal shall be completed on a form furnished by the City and must be submitted in a
sealed envelope. In addition, a separate sealed envelope shall be submitted containing a
completed Bidder Status Form and a bid security executed by a corporation authorized to contract
as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made
payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the
City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10)
calendar days of the City Council's award of the contract and post bond satisfactory to the City
(in the form shown in Section 0510) ensuring the faithful performance of the contract and
maintenance of said Project, if required, pursuant to the provisions of this notice and the other
contract documents. The City shall retain the bid security furnished by the successful bidder until
the approved contract has been executed, the required Performance, Payment, and Maintenance
Bond (as shown in Section 0510) has been filed by the bidder guaranteeing the performance of
the contract, and the contract and security have been approved by the City. The City shall
promptly return the checks or bidder's bonds of unsuccessful bidders to the bidders as soon as
the successful bidder is determined or within thirty days, whichever is sooner.
The successful bidder will be required to furnish a Performance, Payment, and Maintenance Bond
in an amount equal to one hundred percent (100%) of the contract price and in the form shown in
Section 0510, said bond to be issued by a responsible surety approved by the City, and shall
guarantee the prompt payment of all materials and labor, and also protect and save harmless the
City from all claims and damages of any kind caused directly or indirectly by the operation of the
contract, and shall also guarantee the maintenance of the improvement for a period of Five (5)
year(s) from and after its completion and formal acceptance by the City Council.
Wetherby Park CDBG Trail Improvements 0100 — Page 1 of 2
The following limitations shall apply to this Project:
Specified Start Date:
September 21, 2020
Substantial Completion:
November 15, 2020
Final Completion:
May 1, 2021
Liquidated Damages:
$500.00 per day
The Project Manual may be examined at the office of the City Clerk. Copies thereof and blank
forms may be secured at the office of Technigraphics, a division of Rapids Reproductions located
at 415 Highland Ave, Suite 100, Iowa City, Iowa 52240, Phone: 319-354-5950, Fax: 319-354-
8973, Toll -Free: 800-779-0093, by bona fide bidders.
A $50,00 fee plus $20.00 for shipping and handling is required for each set of plans and
specifications provided to bidders or other interested persons. The fee shall be in the form of a
check, made payable to the City of Iowa City, Iowa, by bona fide bidders. The $50.00 deposit will
be refunded to plan holders who return the bidding documents in good condition within 14 days
after receipt of bids.
Prospective bidders are advised that the City of Iowa City desires to employ minority contractors
and subcontractors on City projects. A listing of minority contractors can be obtained from the
Iowa Department of Inspections and Appeals at (515) 281-5796 and the Iowa Department of
Transportation Contracts Office at (515) 239-1422.
Bidders shall list on the Proposal the names of persons, firms, companies or other parties with
whom the bidder intends to subcontract. This list shall include the type of work and approximate
subcontract amount(s).
The Contractor awarded the contract shall list on the Contract its subcontractors, together with
quantities, unit prices and extended dollar amounts.
By virtue of statutory authority, preference must be given to products and provisions grown and
coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required
under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project.
The City reserves the right to reject any or all proposals, and also reserves the right to waive
technicalities and irregularities.
Posted upon order of the City Council of Iowa City, Iowa.
KELLIE FRUEHLING, CITY CLERK
Wetherby Park CDBG Trail Improvements 0100 — Page 2 of 2
Prepared by. Jason Reichart, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356-5436
Resolution No. 20-225
Resolution awarding contract and authorizing the Mayor to sign
and the City Clerk to attest a contract for construction of the
Wetherby Park CDBG Trail Improvements Project.
Whereas, McComas Lacina Construction LC of Iowa City, IA, has submitted the lowest
responsible bid of $118,909.00 for construction of the above-named project; and
Whereas, funds for this project are available in the Parks Annual Improvements/Maintenance
account # R4130; and
Whereas, the City Engineer and City Manager are authorized to execute change orders according
to the City's Purchasing Policy as they may become necessary in the construction of the above-
named project.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
The contract for the construction of the above-named project is hereby awarded to
McComas Lacina Construction LC subject to the condition that awardee secure adequate
performance and payment bond, insurance certificates, and contract compliance program
statements.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
Passed and approved this _ 15th day of September 2020
yor
?Zrovelby
'n /
Attest:
City Jerk City Attorney's Office — 09/10/2020
It was moved by Thomas and
adopted, and upon roll call there were:
Ayes:
X
X
X
X
X
X
X
Nays:
seconded by Taylor the Resolution be
Absent:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
0510
PERFORMANCE, PAYMENT, AND MAINTENANCE BOND
WETHERBY PARK CDBG TRAIL IMPROVEMENTS
CITY OF IOWA CITY
KNOW ALL BY THESE PRESENTS:
That we, McComas - Lacina Construction, L. C. as Principal
(hereinafter the "Contractor" or "Principal") and Fidleity and Deposit Cmm�a ny of Maryland
as Surety are held and firmly bound unto City of Iowa City, Iowa, as Obligee (hereinafter referred
to as "the Jurisdiction"), and to all persons who may be injured by any breach of any of the
conditions of this Bond in the penal sum of
n..e U,. -A-4 GinL,fn.n T6nueand Nin. Nundr.d Nina R nnhnnths-------------------------- --------- dollars
($ 1 nn gna no----------- ), lawful money of the United States, for the payment of which sum,
well and truly to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly
or severally, finely by these presents.
The conditions of the above obligations are such that whereas said Contractor entered into a
contract with the Jurisdiction, bearing date the 31st day of i„ice
2020 , (hereinafter the "Contract”) wherein said Contractor undertakes and agrees to
construct the following described improvements:
Base Bid:
Construction of Wetherby Park CDBG Trail Improvements shall include, but not limited to,
demolition of existing granular trail, new PCC trail, finish grading, seeding, and associated work
as shown on the plans.
and to faithfully perform all the terms and requirements of said Contract within the time therein
specified, in a good and workmanlike manner, and in accordance with the Contract Documents.
Provided, however, that one year after the date of acceptance as complete of the work under the
above referenced Contract, the maintenance portion of this Bond shall continue in foroa,but the
penal sum for maintenance shall be reduced to the sum ofone Hundred Eighteen Thousn Nine y`} dred Nine & no/100ths
DOLLARS ($118,909.00--------- -- J, which is the cost associated with those iten
gZ thkContract
that require a maintenance bond period In excess of one year. = 177
It is expressly understood and agreed by the Contractor and Surety in this bot the folloZ g
provisions are a part of this Bond and are binding upon said Contractor and , t!vNit: i7 )
::F _�tz (�
1. PERFORMANCE: The Contractor shall well and faithfully observeperfor� fulfill�'ditd
abide by each and every covenant, condition, and part of said Contract, by refeoence made
a part hereof, for the above referenced improvements, and shall indemnify and save
harmless the Jurisdiction from all outlay and expense incurred by the Jurisdiction by
reason of the Contractor's default of failure to perform as required. The Contractor shall
also be responsible for the default or failure to perform as required under the Contract and
Contract Documents by all its subcontractors, suppliers, agents, or employees furnishing
materials or providing labor in the performance of the Contract.
2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just
claims submitted by persons, firms, subcontractors, and corporations furnishing materials
Wetherby Park CDBG Trail Improvements
0510 — Page 1 of 4
for or performing labor in the performance of the Contract on account of which this Bond
is given, including but not limited to claims for all amounts due for labor, materials,
lubricants, oil, gasoline, repairs on machinery, equipment, and tools, consumed or used
by the Contractor or any subcontractor, wherein the same are not satisfied out of the
portion of the contract price the Jurisdiction is required to retain until completion of the
improvement, but the Contractor and Surety shall not be liable to said persons, firms, or
corporations unless the claims of said claimants against said portion of the contract price
shall have been established as provided by law. The Contractor and Surety hereby bind
themselves to the obligations and conditions set forth in Chapter 573 of the Iowa Code,
which by this reference is made a part hereof as though fully set out herein.
3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own
expense:
A. To remedy any and all defects that may develop in or result from work to be
performed under the Contract within the period of five year(s) (5) from the
date of acceptance of the work under the Contract, by reason of defects in
workmanship or materials used in construction of said work;
B. To keep all work in continuous good repair; and
C. To pay the Jurisdiction's reasonable costs of monitoring and inspection to assure
that any defects are remedied, and to repay the Jurisdiction all outlay and expense
incurred as a result of Contractor's and Surety's failure to remedy any defect as
required by this section.
4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to
the contrary notwithstanding, to the following provisions:
A. To consent without notice to any extension of time to the Contractor in which to
perform the Contract;
B. To consent without notice to any change in the Contract or Contract Documents,
which thereby increases the total contract price and the penal sum of this bond,
provided that all such changes do not, in the aggregate, involve an increase of
more than 20% of the total contract price, and that this bond shall then be released
as to such excess increase; and
C. To consent without notice that this Bond shall remain in full force and effect until
the Contract is completed, whether completed within the specified contract period,
within an extension thereof, or within a period of time after the contract period has
elapsed and the liquidated damage penalty is being charged against the
Contractor.
D. That no provision of this Bond or of any other contract shall be valid thaumits to
less that five years after the acceptance of the work under the Coo act tlir'right to
sue on this Bond. D_ =
E. That as used herein, the phrase "all outlay and expense" is not tcAomitfd in any-
way, but shall include the actual and reasonable costs and expe4pep incurred tiy'
the Jurisdiction including interest, benefits, and overheadlica 7
Accordingly, "all outlay and expense" would include but not be lino wont
or employee expense, all equipment usage or rental, material t�Stir out
experts, attorneys fees (including overhead expenses of the risdictbn's staff
attorneys), and all costs and expenses of litigation as they are incurfeb by the
Jurisdiction. It is intended the Contractor and Surety will defend and indemnify the
Jurisdiction on all claims made against the Jurisdiction on account of Contractor's
failure to perform as required in the Contract and Contract Documents, that all
agreements and promises set forth in the Contract and Contract Documents, in
Wetherby Park CDBG Trail Improvements 0510 - Page 2 of 4
approved change orders, and in this Bond will be fulfilled, and that the Jurisdiction
will be fully indemnified so that it will be put into the position it would have been in
had the Contract been performed in the first instance as required.
In the event the Jurisdiction incurs any "outlay and expense" in defending itself against
any claim as to which the Contractor or Surety should have provided the defense, or in the
enforcement of the promises given by the Contractor in the Contract, Contract Documents,
or approved change orders, or in the enforcement of the promises given by the Contractor
and Surety in this Bond, the Contractor and Surety agree that they will make the
Jurisdiction whole for all such outlay and expense, provided that the Surety's obligation
under this bond shall not exceed 125% of the penal sum of this bond.
In the event that any actions or proceedings are initiated regarding this Bond, the parties
agree that the venue thereof shall be Johnson County State of Iowa. If legal action is
required by the Jurisdiction to enforce the provisions of this Bond or to collect the monetary
obligation incurring to the benefit of the Jurisdiction, the Contractor and the Surety agree,
jointly, and severally, to pay the Jurisdiction all outlay and expense incurred therefor by
the Jurisdiction. All rights, powers, and remedies of the Jurisdiction hereunder shall be
cumulative and not alternative and shall be in addition to all rights, powers, and remedies
given to the Jurisdiction, by law. The Jurisdiction may proceed against surety for any
amount guaranteed hereunder whether action is brought against the Contractor or whether
Contractor is joined in any such action(s) or not.
NOW THEREFORE, the condition of this obligation is such that if said Principal shall
faithfully perform all the promises of the Principal, as set forth and provided in the Contract
and in this Bond, then this obligation shall be null and void, otherwise it shall remain in full
force and effect.
When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first
as defined in this Bond and the Contract; second, if not defined in the Bond or Contract, it
shall be interpreted or construed as defined in applicable provisions of the Iowa Code;
third, if not defined in the Iowa Code, it shall be interpreted or construed according to its
generally accepted meaning in the construction industry; and fourth, if it has no generally
accepted meaning in the construction industry, it shall be interpreted or construed
according to its common or customary usage.
Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall
not limit liability hereunder. The Contract is hereby made a part of this Bond.
Wetherby Park CDBG Trail Improvements u01u — rage a Vi 4
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Scott Wilev Vice Prea; dant
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FORM APPROVED BY:
City Attorney's Office
SURETY:
Fidelity and Deposit Company of Maryland
Surety Company
ByS i n ture Attommey-y-in-Fact Officer
Nancy D. Baltutat
Printed Name of Attorney -in -Fact
Officer
LMC Insurance & Risk Management
Company Name
4200 University Avenue #200
Company Address
West Des Moines IA 50266
City, State, Zip Code
515-244-0166
Company Telephone Number
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ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New
York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies'), by
Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which
are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate,
constitute, and appoint,Nancy D. BALTUTAT, Patrick K. DUFF, Jeffrey R. BAKER, Greg T. LAMAIR, Jill SHAFFER,
Joseph 1. SCHMIT and Christopher R. SEBF.RIJNC, all of West Des Moines, Iowa, EACH, its true and lawful agent and
Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and
undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as
fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the
ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL
AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of
the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 51h day of March, A.D. 2019.
ATTEST:
By: Robert D. Murray
Vice President
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
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By: Dawn B. Brown —t[-) tp��
Secretary
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State of Maryland E5�
County of Baltimore
On this 5th day of Match, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly coma) stoned w4MualiSed, Robert D.
Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and of icerst3escribed in and who
executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of
the Company aforesaid, and that the seals affixed to the preceding instrument aro the Corporate Seals of said Companies, and that the said Corporate Seals and
the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year fust above written.
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EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies,
rceognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attomey-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any
lime."
CERTIFICATE
1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of
the By -Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: 'That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 10th day of May, 1990.
RESOLVED: 'That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF, t have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this 181h day of SeDtember , 2020 .
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MicT �.FeyVice resident
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TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT IaCOMP " TE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, A YOUR CONTACT
INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
www reoortsfclairnsCa>zurichna.com
800-626-4577
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Bond number SY94253
0510
PERFORMANCE, PAYMENT, AND MAINTENANCE BOND
SCOTT, NAPOLEON, AND FAIRMEADOWS PARK IMPROVEMENTS
CITY OF IOWA CITY ✓f :aI.
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KNOW ALL BY THESE PRESENTS:
That we, All American Concrete Inc. , as Principal
(hereinafter the "Contractor" or "Principal") and IMT Insurance Comply
as Surety are held and firmly bound unto City of Iowa City, Iowa, as Obligee (hereinafter referred
to as "the Jurisdiction'), and to all persons who may be injured by any breach of any of the
conditions of this Bond in the penal sum of
Four Hundred Eleven Thousand Eight Hundred Ninety & no/100ths----------------------- — — dollars
($ 411,890.00-------------- ), lawful money of the United States, for the payment of which sum,
well and truly to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly
or severally, firmly by these presents.
The conditions of the above obligations are such that whereas said Contractor entered into a
contract with the Jurisdiction, bearing date the 294" day of Maw
0 O , (hereinafter the "Contract") wherein said Contractor undertakes and agrees to
construct the following described improvements:
Base Bid:
Construction of Scott, Napoleon, and Fairmeadows Park Improvements shall include, but not
limited to, demolition of existing structures, play equipment, pavements, utilities and associated
work as shown on the plans. Includes proposed improvements of grading, electric service, open
shelters, play equipment, sidewalks, plantings and associated work.
Add Alternate No. 1:
Napoleon Park: The additional work and cost for proposed18'x18' shade structure as shown on
plans.
Add Alternate No. 2:
Napoleon Park: The additional work and cost for proposed 24'x24' shade structure as shown on
plans.
and to faithfully perform all the terms and requirements of said Contract within the time therein
specified, in a good and workmanlike manner, and in accordance with the Contract Documents.
Provided, however, that one year after the date of acceptance as complete of the work under the
above referenced Contract, the maintenance portion of this Bond shall continue in force but the
penal sum for maintenance shall be reduced to the sum of Four Hundred Eleven Thousand Eight Hundred Ninety
DOLLARS ($ 411,890.00----------- ), which is the cost associated with those items in the Contract
that require a maintenance bond period in excess of one year.
It is expressly understood and agreed by the Contractor and Surety in this bond that the following
provisions are a part of this Bond and are binding upon said Contractor and Surety, to -wit:
PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill, and
abide by each and every covenant, condition, and part of said Contract, by reference made
Scott, Napoleon, and Fairmeadows Park Improvements 0510 —Pagel of 4
a part hereof, for the above referenced improvements, and shall indemnify and save
harmless the Jurisdiction from all outlay and expense incurred by the Jurisdiction by
reason of the Contractor's default of failu?Vo,060'V 07 r . d. The Contractor shall
also be responsible for the default or failure to perform as'r qui//e under the Contract and
Contract Documents by all its subcontractors,i-4,pOliers, agents, or employees furnishing
materials or providing labor in the performanc6.,4f ilii Eonttkt.
2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just
claims submitted by persons, firms, subcontractors, and corporations furnishing materials
for or performing labor in the performance of the Contract on account of which this Bond
is given, including but not limited to claims for all amounts due for labor, materials,
lubricants, oil, gasoline, repairs on machinery, equipment, and tools, consumed or used
by the Contractor or any subcontractor, wherein the same are not satisfied out of the
portion of the contract price the Jurisdiction is required to retain until completion of the
improvement, but the Contractor and Surety shall not be liable to said persons, firms, or
corporations unless the claims of said claimants against said portion of the contract price
shall have been established as provided by law. The Contractor and Surety hereby bind
themselves to the obligations and conditions set forth in Chapter 573 of the Iowa Code,
which by this reference is made a part hereof as though fully set out herein.
3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own
expense:
A. To remedy any and all defects that may develop in or result from work to be
performed under the Contract within the period of Five year(s) (5) from the
date of acceptance of the work under the Contract, by reason of defects in
workmanship or materials used in construction of said work;
B. To keep all work in continuous good repair; and
C. To pay the Jurisdiction's reasonable costs of monitoring and inspection to assure
that any defects are remedied, and to repay the Jurisdiction all outlay and expense
incurred as a result of Contractor's and Surety's failure to remedy any defect as
required by this section.
4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to
the contrary notwithstanding, to the following provisions:
A. To consent without notice to any extension of time to the Contractor in which to
perform the Contract;
B. To consent without notice to any change in the Contract or Contract Documents,
which thereby increases the total contract price and the penal sum of this bond,
provided that all such changes do not, in the aggregate, involve an increase of
more than 20% of the total contract price, and that this bond shall then be released
as to such excess increase; and
C. To consent without notice that this Bond shall remain in full force and effect until
the Contract is completed, whether completed within the specified contract period,
within an extension thereof, or within a period of time after the contract period has
elapsed and the liquidated damage penalty is being charged against the
Contractor.
D. That no provision of this Bond or of any other contract shall be valid that limits to
less that five years after the acceptance of the work under the Contract the right to
sue on this Bond.
E. That as used herein, the phrase "all outlay and expense" is not to be limited in any
way, but shall include the actual and reasonable costs and expenses incurred by
Scott, Napoleon, and Fairmeadows Park Improvements 0510 — Page 2 of 4
the Jurisdiction including interest, benefits, and .overhead where applicable.
Accordingly, "all outlay and expense" would include but not be limited to all contract
or employee expense, all equipment. g gr nt�(� �jat uitpls, testing, outside
experts, attorneys fees (including ov e `bR 3A fht Jurisdiction's staff
attorneys), and all costs and expenses of Jif,gj hey are incurred by the
Jurisdiction. It is intended the Contractor and. r �t �lpa' j��Y�end and indemnify the
Jurisdiction on all claims made against tfi 5'Jutis i hd account of Contractor's
failure to perform as required in the Contract and Contract Documents, that all
agreements and promises set forth in the Contract and Contract Documents, in
approved change orders, and in this Bond will be fulfilled, and that the Jurisdiction
will be fully indemnified so that it will be put into the position it would have been in
had the Contract been performed in the first instance as required.
In the event the Jurisdiction incurs any "outlay and expense" in defending itself against
any claim as to which the Contractor or Surety should have provided the defense, or in the
enforcement of the promises given by the Contractor in the Contract, Contract Documents,
or approved change orders, or in the enforcement of the promises given by the Contractor
and Surety in this Bond, the Contractor and Surety agree that they will make the
Jurisdiction whole for all such outlay and expense, provided that the Surety's obligation
under this bond shall not exceed 125% of the penal sum of this bond.
In the event that any actions or proceedings are initiated regarding this Bond, the parties
agree that the venue thereof shall be Johnson County, State of Iowa. If legal action is
required by the Jurisdiction to enforce the provisions of this Bond or to collect the monetary
obligation incurring to the benefit of the Jurisdiction, the Contractor and the Surety agree,
jointly, and severally, to pay the Jurisdiction all outlay and expense incurred therefor by
the Jurisdiction. All rights, powers, and remedies of the Jurisdiction hereunder shall be
cumulative and not alternative and shall be in addition to all rights, powers, and remedies
given to the Jurisdiction, by law. The Jurisdiction may proceed against surety for any
amount guaranteed hereunder whether action is brought against the Contractor or whether
Contractor is joined in any such action(s) or not.
NOW THEREFORE, the condition of this obligation is such that if said Principal shall
faithfully perform all the promises of the Principal, as set forth and provided in the Contract
and in this Bond, then this obligation shall be null and void, otherwise it shall remain in full
force and effect.
When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first
as defined in this Bond and the Contract; second, if not defined in the Bond or Contract, it
shall be interpreted or construed as defined in applicable provisions of the Iowa Code;
third, if not defined in the Iowa Code, it shall be interpreted or construed according to its
generally accepted meaning in the construction industry; and fourth, if it has no generally
accepted meaning in the construction industry, it shall be interpreted or construed
according to its common or customary usage.
Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall
not limit liability hereunder. The Contract is hereby made a part of this Bond.
Scott, Napoleon, and Fairmeadows Park Improvements 0510 — Page 3 of 4
PRINCIPAL:
All American Concrete Inc.
Contractor
By qt' �(�" �'"'_"
Signature
Title
Til :7 tai =1 al 1-r/I
City Attorney's Office
SURETY:
IMT Insurance Company
Surety Company
By->,LqU�oW
Sig-rtature Attorney -in -Fact Officer
Nancy D. Baltutat
Printed Name of Attorney -in -Fact
Officer
LMC Insurance & Risk Management
Company Name
4200 Univeristy Avenue #200
Company Address
West Des Moines IA 50266
City, State, Zip Code
515-244-0166
Company Telephone Number
Scott, Napoleon, and Fairmeadows Park Improvements 0510 — Page 4 of 4
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IMT INSURANCE
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11171 JUN i AMII=?_3
POWER OF ATTORN
CIT Y CLERK
Know All Persons By These Presents, that IMT Insurance Company a 41IjiW iogj Pf lY,of@1#Ad under the laws of the State of Iowa,
and having its principal office in the City of West Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by
these presents make, constitute and appoint
Jeffrey R. Baker, Nancy D. Baltutat, Patrick K. Duff, Mark E. Keairnes,
Greg T. LaMair, Joseph 1. Schmit, Christopher R. Seiberling, and Jill Shaffer
of West Des Moines and State of Iowa its true and lawful Attorney -in -Fact, with full power and
authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, under-
takings, recognizances or other written obligations in the nature thereof. subject to the limitation that any such instrument shall not exceed the
amount of:
*****Unlimited Amounts*****
and to bind IMT Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized
officers of IMT Insurance Company, and all such acts of said Attomey-in-Fact, pursuant to the authority herein given, are hereby ratified and
confirmed,
This Power-of-Atturney is made and executed pursuant to and by authority of the following By -Laws udopted by the Board of
Directors of IMT Insurance Company on December Ig, 1996,
ARTICLE VIII. SECTION 4. - The President or any Vice President or Secretary shall have the authority to appoint Attorneys In Fact and
to authorize them to execute on behalf of the Company, and attach thereto the Corporate Seal, bonds, undertakings, recognizances, con-
tracts of indemnity or other obligatory writings, excluding insurance policies and endorsements.
ARTICLE VIII, SECTION 5. - The signature of any authorized officer Lind the Corporate Seed may be affixed by facsimile to any Power
of Attorney authorizing the execution and delivery of any of the instruments described in Article VIII, Section 4 of the By -Laws. Such
facsimile signature and seal shut] have the same force and effect as though manually affixed.
In Witness Whereof. I MT Insurance Company has caused these presents to be signed by its President and its corporate seal to
be hereto affixed, this day of 2020 •,,.�""�` -..
]NIT Insurance
Company
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Sean Kennedy, President i •• /rte.
STATE OF IOWA ss.
COUNTY OF POLK }+*r1
On this day of , 2020 , before me appeared Scan Kennedy, to me personally known,
who being by me duly sworn did say that he is President of the IMT Insurance Company, the corporation described in the foregoing
instrument. and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed
and sealed in hchalrorsaid Corporation by authority of its Board of Directors.
In Tastimony Whercol I have heicunlo set my hand and affixed my Official Scal .n the City of West Des Moines, Iowa, the day and year
first above wriucn. n /'
SETH C //y\z,V\�U Yt'✓', ` Il�//vlA-N/Y.
Y epAmSSiea LiOCOW. ]9 S
ro.. '� c ups Notary Public. Polk County, Iowa
CERTIFICATE
I, Dalene Holland. Secretary of the IMT Insurance Company do hereby certify that the above and foregoing is it true and correct copy
of the POWER-OF-ATTORNEY, executed by said the IMT Insurance Company, which is still in force and effect.
In Witness Whereat-. I have hereunto set my hand and affixed the Seal or the Company on day of
2020 pe �� �� �.I�� n�,, �� ��.1nI� , •» --
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ENGINEER'S REPORT
June 30, 2021
Re: Wetherby Park CDBG Trail Improvements Project
Dear City Clerk:
-•a.ar._
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 - 1826
(319) 356 - 5000
(319) 356 - 5009 FAX
www.icgov.org
I hereby certify that the Wetherby Park CDBG Trail Improvements Project has been completed
by McComas Lacina Construction LC of Iowa City, Iowa, in substantial accordance with the
plans and specifications prepared by Snyder and Associates.
The project was bid as a unit price contract and the final contract price is $118,909.00.
I recommend that the above -referenced improvements be accepted by the City of Iowa City,
Sincerely,
Jason Havel
City Engineer
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I hereby certify that the Wetherby Park CDBG Trail Improvements Project has been completed
by McComas Lacina Construction LC of Iowa City, Iowa, in substantial accordance with the
plans and specifications prepared by Snyder and Associates.
The project was bid as a unit price contract and the final contract price is $118,909.00.
I recommend that the above -referenced improvements be accepted by the City of Iowa City,
Sincerely,
Jason Havel
City Engineer
Prepared by: Jason Reichert, Engineering Division, Public Works, 410 E. Washington St., lova City, IA 52240 (319) 356-5416
Resolution No. 21-186
Resolution accepting the work for the Wetherby Park CDBG
Trail Improvements Project
Whereas, the Engineering Division has recommended that the work for construction of the
Wetherby Park CDBG Trail Improvements Project, as included in a contract between the City of
Iowa City and McComas Lacina Construction LC of Iowa City, dated November 5, 2020 be
accepted; and
Whereas, the Engineer's Report and the performance, payment and maintenance bond have
been filed in the City Clerk's office; and
Whereas, funds for this project are available in the Parks Annual Improvements/Maintenance
account# R4130; and
Whereas, the final contract price is $118,909.00.
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
.lune , 2021
M
Attest:
City Clerk L-�twLz�
Approved by
City Alto ey's Office
(Sara Greenwood Hektoen - 07/01/2021)
It was moved by Taylor and seconded by Weiner the Resolution be
adopted, and upon roll call there were:
Ayes:
Nays:
Absent:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner