Loading...
HomeMy WebLinkAboutFIBER INFRASTRUCTURE IOWA CITY SOUTH PART 1 DUCT INSTALL FIBER INFRASTRUCTURE IC SOUTH - PART 1 DUCT INSTALL/2015 Fiber Infrastructure IC South — Pt 1 Duct Install 2015 19-May-2015 Plans, Specs, proposal, and contract, estimate of cost SEE BIG ROLLED PLANS 19-May-2015 Res 15-165, setting a public hearing on plans, specs, form of contract and est. of cost 26-May-2015 Notice of Public Hearing 02-Jun-2015 Res 15-189, approving plans, specs, form of contract and est. of cost 03-Jun-2015 Notice to bidders 16-June-2015 Res 15-199, awarding contract 26-June-2015 Form of Agreement, Performance and Payment Bond 09-Aug-2015 Engineers Report 16-Aug-2015 Res 16-244 Accepting Work i 7,0 CITY OF IOWA CITYIP • rin DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION PLANS, SPECIFICATIONS, PROPOSAL AND CONTRACT FOR THE CITY OF IOWA CITY Fiber Infrastructure— Iowa City South Part-1 — Duct Installation (Project No. 2015-004) IOWA CITY, IOWA I hereby certify that this engineering document was prepared by me or under my direct personal supervision and that I am a duly licensed Professional Engineer under the laws of the State of Iowa. SIGNED: DATE: .3-A/-‘"" Jason Havel, P.E. im JASuN R. • c.; HAVEL jrn� City Engineer i 9222 Iowa Reg. No. 1922 :* �. i* `' My license renewal date is December 31, 2016. ' ' /OWA ,," SPECIFICATIONS TABLE OF CONTENTS TITLE PAGE NUMBER NOTICE TO BIDDERS AF-1 —AF-2 NOTE TO BIDDERS NB-1 — NB-2 FORM OF PROPOSAL FP-1 — FP-2 BID BOND BB-1 — BB-2 FORM OF AGREEMENT AG-1 —AG-2 PERFORMANCE AND PAYMENT BOND PB-1 — PB-2 CONTRACT COMPLIANCE (ANTI-DISCRIMINATION REQUIREMENTS) CC-1 — CC-9 GENERAL CONDITIONS GC-1 — GC-2 SUPPLEMENTARY CONDITIONS SC-1 —SC-8 BIDDER STATUS FORM R-1 — R-8 TECHNICAL SPECIFICATIONS (As provided on the Project Drawings) PLANS Description Plan Sheet 1. Cover Sheet na 2. General Project Information & Material List TO.1 3. Base Bid SWW Duct Route T1.1 4. Base Bid SWW Duct Route 1.2 . n 5. Base Bid SWW Duct Route 3�3 `71 6. Base Bid SWW Duct Route 7. Base Bid SWW Duct Route �`1i - 8. Base Bid SWW Duct Route -t1-11 9. Base Bid SWW Duct Route 10. General Details — 11. Alternate-1 South Riverside Lift Station Route T-1 12. Alternate-2 Napoleon Lift Station Route LT-2 13. Alternate-3 Parks & Forestry Underground Route ALT-3 Sheet-1 14. Alternate-3 Parks & Forestry Underground Route ALT-3 Sheet-2 NOTICE TO BIDDERS FIBER INFRASTRUCTURE—IOWA CITY SOUTH PART-1 —DUCT INSTALLATION (PROJECT NO. 2015-004) Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 3:00 P.M. on the 12th day of June, 2015. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 16th day of June, 2015, or at special meeting called for that purpose. The Project will involve the following: Installing HDPE duct, polymer concrete -"" C.' handholes and precast concrete vaults as part of an underground communications facility. All work is to be done in strict compliance with the plans and specifications prepared by the Iowa ram- City Engineering Division of Iowa City, Iowa, which have heretofore been approved by the City Ca N Council, and are on file for public examination in ;. the Office of the City Clerk. --- Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of AF-1 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 one (1) year from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Start Date: June 29, 2015 Specified Completion Date: July 31, 2015 Liquidated Damages: $500 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of The Department of Publics Works, Engineering Division, 410 East Washington Street, Iowa City, Iowa, 52240 by bona fide bidders. A $25 refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to the City of Iowa City. A refund will be issued if re-useable plans Cll and specifications are returned to the City of Iowa City within 14 days of the project award date. Prospective bidders are advised that the City of ..< r-- Iowa City desires to employ minority contractors n .n and subcontractors on City projects. A listing of —Cr- —o rn minority contractors can be obtained from the 5 Iowa Department of Inspections and Appeals ate N (515) 281-5796 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF-2 NOTE TO BIDDERS 1. The successful bidder and all subcontractors are required to submit at least 4 days prior to award three references involving similar projects, including at least one municipal reference. Award of the bid or use of specific subcontractors may be denied if sufficient favorable references are not verified or may be denied based on past experience on projects with the City of Iowa City. 2. References shall be addressed to the City Engineer and include the name, address and phone number of the contact person, for City verification. 3. Bid submittals are: Envelope 1: Bid Bond Envelope 2: Form of Proposal Envelope 3: Bidder Status Form �--� --< i ! DI Co ate". tV C7 NB-1 Page Intentionally Blank N Ca C17 w --4 -< --�- a NB-2 FORM OF PROPOSAL CITY OF IOWA CITY Fiber Infrastructure— Iowa City South Part-1 —Duct Installation (Project No. 2015-004) NOTICE TO BIDDERS: PLEASE DO NOT USE THE FORM OF PROPOSAL INCLUDED IN THE BOUND VOLUME OF THE SPECIFICATIONS. SEPARATE COPIES OF THIS PROPOSAL ARE CONTAINED WITHIN THE BACK COVER OF THIS DOCUMENT. Name of Bidder Address of Bidder rn TO: City Clerk r=;--� City of Iowa City "4,-a City Hall -- 410 E. Washington St. ` Iowa City, IA 52240 c7.1r`? 30' o The undersigned bidder submits herewith bid security in the amour of $ , in accordance with the terms set forth in the "Project Specifications." The undersigned bidder, having examined and determined the scope of the Contract Documents, hereby proposes to provide the required labor, services, materials and equipment and to perform the Project as described in the Contract Documents, including Addenda , and , and to do all work at the prices set forth herein. We further propose to do all "Extra Work" which may be required to complete the work contemplated, at unit prices or lump sums to be agreed upon in writing prior to starting such work. ITEM DESCRIPTION UNIT BID AMOUNT 1. BASE BID Lump Sum $ SWW Duct Route 2. ALTERNATE-1 Lump Sum $ South Riverside Lift Station Route 3. ALTERNATE-2 Lump Sum $ Napoleon Lift Station Route 4. ALTERNATE-3 Lump Sum $ Parks & Forestry Underground Route FP-1 The names of those persons, firms, companies or other parties with whom we intend to enter into a subcontract, together with the type of subcontracted work and approximate dollar amount of the subcontract, are as follows: NOTE: All subcontractors are subject to approval by City. The undersigned bidder certifies that this proposal is made in good faith, and without collusion or connection with any other person or persons bidding on the work. The undersigned bidder states that this proposal is made in conformity with the Contract Documents and agrees that, in the event of any discrepancies or differences between any conditions of this proposal and the Contract Documents prepared by the City of Iowa City, the more specific shall prevail. Firm: Signature: Printed Name: . .E r-- C rr-„- rn Title: Fi7x4 Address: Phone: Contact: FP-2 BID BOND , 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 sum of Dollars ($ to pay said sum as herein provided. We as Principal and Surety further promise and declare that these obligations shall bind our heirs, executors, administrators, and successors jointly and severally. This obligation is conditioned on the Principal submission of the accompanying bid, dated for the Fiber Infrastructure — Iowa City South Part-1 — Duct Installation (Project No. 2015-004) Project. NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified, and the Principal shall then furnish a bond for the Principal's faithful performance of said Project, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Project, as agreed to by the City's acceptance of said Bid, then this obligation shall be void. Otherwise this obligation shall remain in full force and effect, provided that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the amount of the obligation stated herein. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in the event that the Principal fails to execute the contract and provide the bond, as provided in the Project specifications or as required by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall in no way be impaired or affected by any extension of the time within which the Owner may accept such Bid or may execute such contract documents, and said Surety does hereby waive notice of any such time extension. The Principal and the Surety hereto execute this bid bond this ay of , A.D., 20_ rrn /3Seal) Witness Principal ry By (Title) (Seal) Surety By Witness (Attorney-in-fact) Attach Power-of-Attorney BB-1 Page Intentionally Blank d �► O cv BB-2 FORM OF AGREEMENT THIS AGREEMENT 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 bid documents dated the day of , 20_, for the Fiber Infrastructure - Iowa City South Part-1 - Duct Installation (Project No. 2015-004) ("Project"), and Whereas, said plans, specifications, proposal and bid documents accurately and fully describe the terms and conditions upon which the Contractor is willing to perform the Project. NOW, THEREFORE, IT IS AGREED: 1. The City hereby accepts the attached proposal and bid documents of the Contractor for the Project, and for the sums listed therein. 2. This Agreement consists of the following component parts which are incorporated herein by reference: a. Addenda Numbers ; b. "Standard Specifications for Highway and Bridge Construction," Series of 2012, Iowa Department of Transportation, as amended; • c. Plans; d. Specifications and Supplementary Conditions; crt 7 e. Notice to Bidders; . f. Note to Bidders; -C -� . rn g. Performance and Payment Bond; ., o h. Bidder Status Form; Contract Compliance Program (Anti-Discrimination Requirements); j. Proposal and Bid Documents; and k. This Instrument. The above components are deemed complementary and should be read together. In the event of a discrepancy or inconsistency, the more specific provision shall prevail. AG-1 3. The names of subcontractors approved by City, together with quantities, unit prices, and extended dollar amounts, are as follows (or shown on an attachment): 4. Payments are to be made to the Contractor in accordance with the Supplementary Conditions. DATED this day of , ' n 0 r City Contractor © �:, 0 � o N By By (Title) Mayor ATTEST: ATTEST: (Title) City Clerk (Company Official) Approved By: City Attorney's Office AG-2 PERFORMANCE AND PAYMENT BOND , as (insert the name and address or legal title of the Contractor) Principal, hereinafter called the Contractor and (insert the legal title of the Surety) , as Surety, hereinafter called the Surety, are held and firmly bound unto the City of Iowa City, Iowa, as obligee, hereinafter called the Owner, in the amount of Dollars ($ ) for the payment for which Contractor and Surety hereby bind themselves, their heirs, executors, administrators, successors and assigns, gritly and severally. WHEREAS, Contractor has, as of , entered into a-4; 0 1 f (date) written Agreement with Owner for Fiber Infrastructure — Iowa City South Part-1 — Doe-Inst Jtion N (Project No. 2015-004) Project; and WHEREAS, the Agreement requires execution of this Performance and Payment Bond, to be completed by Contractor, in accordance with plans and specifications prepared by the Iowa City Engineering Division, which Agreement is by reference made a part hereof, and the agreed-upon work is hereafter referred to as the Project. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Agreement, then the obligation of this bond shall be null and void; otherwise it shall remain in full force and effect until satisfactory completion of the Project. A. The Surety hereby waives notice of any alteration or extension of time made by the Owner. B. Whenever Contractor shall be, and is declared by Owner to be, in default under the Agreement, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Project in accordance with the terms and conditions of the Agreement, or 2. Obtain a bid or bids for submission to Owner for completing the Project in accordance with the terms and conditions of the Agreement; and upon determina- tion by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available, as work progresses (even though there may be a default or a succession of defaults under the Agreement or subsequent contracts of completion arranged under this paragraph), sufficient PB-1 funds to pay the cost of completion, less the balance of the Contract Price, but not exceeding the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Agreement, together with any addenda and/or amendments thereto, less the amount properly paid by Owner to Contractor. C. The Contractor and Contractor's Surety shall be obligated to keep the improvements covered by this bond in good repair for a period of one (1) year from the date of formal acceptance of the improvements by the Owner. D. No right of action shall accrue to or for the use of any person, corporation or third party other than the Owner named herein or the heirs, executors, administrators or successors of Owner. IT IS A FURTHER CONDITION OF THIS OBLIGATION that the Principal and Surety, in accordance with provisions of Chapter 573, Code of Iowa, shall pay to all persons, firms or corporations having contracts directly with the Principal, including any of Principal's subcontrac- tors, all claims due them for labor performed or materials furnished in the performance of the Agreement for whose benefit this bond is given. The provisions of Chapter 573, Code of Iowa, are a part of this bond to the same extent as if it were expressly set out herein. N SIGNED AND SEALED THIS DAY OF c 20 Ci"C uO IN THE PRESENCE OF: -;G -0 r (Principal) Witness (Title) (Surety) Witness (Title) (Street) (City, State, Zip) (Phone) PB-2 Contract Compliance Program ra .314 c)- r Cn " -‘3 C7 ce _ N — 1 N :=Kgigraks...."7.: — Abdo, Atti .r. 11l •01104prweRarer; "'rikrii■ ow CITY OF IOWA CITY SECTION I - GENERAL POLICY STATEMENT It is the policy of the City of Iowa City to require equal employment opportunity in all City contract work. This policy prohibits discrimination by the City's contractors, consultants and vendors and requires them to ensure that applicants seeking employment with them and their employees are treated equally without regard to race, color, creed, religion, national origin, sex, gender identity, sexual orientation, disability, marital status, and age. It is the City's intention to assist employers, who are City contractors, vendors or consultants, in designing and implementing equal employment opportunity so that all citizens will be afforded equal accessibility and opportunity to gain and maintain employment. PROVISIONS: 1. All contractors, vendors, and consultants requesting to do business with the City must submit an Equal Opportunity Policy Statement before the execution of the contract. 2. All City contractors, vendors, and consultants with contracts of $25,000 or more (or less if required by another governmental agency) must abide by the requirements of the City's Contract Compliance Program. Emergency contracts may be exempt from this provision at the discretion of the City. Regardless of the value of the contract, all contractors, vendors, and consultants are subject to the City's Human Rights Ordinance, which is codified at Article 2 of the City Code. 3. Contracting departments are responsible for assuring that City contractors, vendors, and consultants are made aware of the City's Contract Compliance Program reporting responsibilities and receive the appropriate reporting forms. A notification of requirements will be included in any request for proposal and notice of bids. 4. Prior to execution of the contract, the completed and signed Assurance of Compliance (located on pages CC-2 and CC-3) or other required material must be received and approved by the City. 5. Contracting departments are responsible for answering questions about contractor, consultant and vendor compliance during the course of the contract with the City. 6. All contractors, vendors, and consultants must refrain from the use of any signs or designations which are sexist in nature, such as those which state "Men Working" or "Flagman Ahead," and instead use gender neutral signs. 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. cry -4 „ 1 0 ry mgr\asst\contractcompliance.doc CC-1 SECTION II - ASSURANCE OF COMPLIANCE The following sets forth the minimum requirements of a satisfactory Equal Employment Opportunity Program which will be reviewed for acceptability. PLEASE RETURN PAGES 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.) a. 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. b. 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 Opportunity policy statement. Where is this statement posted? U .0111111. -° `11 4. What is the name, telephone number and address of your business' all E ployt t Opportunity Officer? a (Please print) Phone number Address 5. The undersigned agrees to display, in conspicuous places at the work site, all posters required by federal and state law for the duration of the contract. NOTE: The City can provide assistance in obtaining the necessary posters. mgr\asst\contractcompliance.doc CC-2 6. How does your business currently inform applicants, employees, and recruitment sources (including unions) that you are an Equal Employment Opportunity employer? The above responses to questions 1 through 6, are true and correctly reflect our Equal Employment Opportunity policies. Business Name Phone Number Signature Title Print Name Date c ra mgr\asst\contractcompliance.doc CC-3 SECTION III - SUGGESTED STEPS TO ASSURE EQUAL EMPLOYMENT OPPORTUNITIES 1. 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 employel%or are involved in such actions should be trained and required to comply with your policy,..and curwilti equal employment opportunity laws. 4. RECRUITMENT c")" uo r rri (a) Let potential employees know you are an equal opportunity employer. ce be Lade by identifying yourself on all recruitment advertising as "an equal opportunity 4iyer.'��. (b) Use recruitment sources that are likely to yield diverse applicant plots. Vicrd-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 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. 12/01 mgr\asst\contractcompliance.doc CC-4 Attached for your information is a copy of Section 2 — 3 — 1 of the Iowa City Code of Ordinances which prohibits certain discriminatory practices in employment. Please note that the protected characteristics include some not mandated for protection by Federal or State law. As a contractor, consultant or vendor doing business with the City of Iowa City you are required to abide by the provisions of the local ordinance in conjunction with your performance under a contract with the City. Cal c nC 7'c — n 07.4.11 C:0 CC-5 2-3-1 : EMPLOYMENT; EXCEPTIONS: A. It shall be unlawful for any employer to refuse to hire, accept, register, classify, promote or refer for employment, or to otherwise discriminate in employment against any other person or to discharge any employee because of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation. (Ord. 03-4105, 12-16-2003) B. It shall be unlawful for any labor organization to refuse to admit to membership, apprenticeship or training an applicant, to expel any member, or to otherwise discriminate against any applicant for membership, apprenticeship or training or any member in the privileges, rights or benefits of such membership, apprenticeship or training because of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation of such applicant or member. C. It shall be unlawful for any employer, employment agency, labor organization or the employees or members thereof to directly or indirectly advertise or in any other manner indicate or publicize that individuals are unwelcome, objectionable or not solicited for employment or membership because of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation. (Ord. 95-3697, 11-7-1995) D. Employment policies relating to pregnancy and childbirth shall be governed by the following: 1. A written or unwritten employment policy or practice which excludes from employment applicants or employees because of the employee's pregnancy is a prima facie violation of this title. 2. Disabilities caused or contributed to by the employee's pregnancy, miscarriage, childbirth and recovery therefrom are, for all job related purposes, temporary disabilities and shall be treated as such under any health or temporary disability insurance or sick leave plan available in connection with employment or any written or unwritten employment policies and practices involving terms and conditions of employment as applied to other temporary disabilities. E. It shall be unlawful for any person to solicit or require as a condition of employment of any employee or prospective employee a test for the presence of the antibody to the human immunodeficiency virus. An agreement between an employer, employment agency, labor organization or their employees, agents or members and an employee or prospective employee concerning employment, pay or benefits to an employee or prospective employee in return for taking a test for the presence of the antibody to the human immunodeficiency virus, is prohibited. The prohibitions of this subsection do not apply if the state epidemiologist determines and the director of public health declares through the utilization of guidelines established by the center for disease control of the United States department of health and human services, that a person with a condition related to acquired immune deficiency Hndrome poses a significant risk of transmission of the human immunodeficiency virus te5 Cher fyersoft44 in a specific occupation. y,--- T] F. The following are exempted from the provisions of this section: ry o ry CC-6 1. Any bona fide religious institution or its educational facility, association, corporation or society with respect to any qualifications for employment based on religion when such qualifications are related to a bona fide religious purpose. A religious qualification for instructional personnel or an administrative officer, serving in a supervisory capacity of a bona fide religious educational facility or religious institution shall be presumed to be a bona fide occupational qualification. (Ord. 94-3647, 11-8-1994) 2. An employer or employment agency which chooses to offer employment or advertise for employment to only the disabled or elderly. Any such employment or offer of employment shall not discriminate among the disabled or elderly on the basis of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation. (Ord. 95- 3697, 11-7-1995) 3. The employment of individuals for work within the home of the employer if the employer or members of the family reside therein during such employment. 4. The employment of individuals to render personal service to the person of the employer or members of the employer's family. (Ord. 94-3647, 11-8-1994) 5. The employment on the basis of sex in those certain instances where sex is a bona fide occupational qualification reasonably necessary to the normal operation of a particular business or enterprise. The bona fide occupational qualification shall be interpreted narrowly. (Ord. 03- 4105, 12-16-2003) 6. A state or federal program designed to benefit a specific age classification which serves a bona fide public purpose. (Ord. 94-3647, 11-8-1994) 7. The employment on the basis of disability in those certain instances where presence of disability is a bona fide occupational qualification reasonably necessary to the normal operation of a particular business or enterprise. The bona fide occupational qualification shall be interpreted narrowly. (Ord. 03-4105, 12-16-2003) 8. Any employer who regularly employs less than four (4) individuals. For purposes of this section, individuals who are members of the employer's family shall not be counted as employees. (Ord. 08-4312, 8-11-2008) N 271 C, -..0 - :c-- - CC-7 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 Number: NOTE: This is a SAMPLE ONLY. You may wish to confer with your EEO officer or legal counsel to formulate a policy which specifically meets the needs of your company. cr+ CD >- =le, rn N o CC-8 Page Intentionally Blank a o� N CC-9 GENERAL CONDITIONS Division 11, General Requirements and Covenants of the Iowa Department of Transportation "Standard Specifications for Highway and Bridge Construction," Series of 2012, as amended, shall apply except as amended in the Supplementary Conditions. 0 5 cjci -11 c) 3 7;' r.J GC-1 Page Intentionally Blank ca Q Cal --+`� In a GC-2 SUPPLEMENTARY CONDITIONS ARTICLES WITHIN THIS SECTION S-1 Definitions S-2 Limitations of Operations S-3 Insurance S-4 Supervision and Superintendence S-5 Concerning Subcontractors, Suppliers and Others S-6 Compliance with OSHA Regulations S-7 Employment Practices S-8 Contract Compliance Program (Anti-Discrimination Requirements) S-9 Measurement and Payment S-10 Taxes S-11 Construction Stakes S-12 Restriction on Non-Resident Bidding on Non-Federal-Aid Projects S-13 Utilities "' S-14 Waste Sites S-15 Maintenance and Control of Traffic n..< �-- S-16 Minor Work and Incident Items of Construction `a S-17 Progress and Completion ;<rn s M S-18 Working Days IN) d S-19 Work Restrictions S-20 Material Submittal Procedures c� S-21 Contractor Payment Procedures Caption and Introductory Statements These Supplementary Conditions amend or supplement Division 11 of the Iowa Department of Transportation "Standard Specifications for Highway and Bridge Construction," Series of 2012, as amended and other provisions of the Contract Documents. All provisions which are not so amended or supplemented remain in full force and effect. S-1 DEFINITIONS. ADD to or CHANGE the following definitions within 1101.03 of the IDOT STANDARD SPECIFICATIONS. "ENGINEER" shall mean the Director of Public Works for the City of Iowa City, Iowa or his authorized representative. "OWNER" and "CITY" shall mean the City of Iowa City, Iowa acting through the City Council and duly authorized agents. "CONTRACTING AUTHORITY," "DEPARTMENT OF TRANSPORTATION," or "COUNTY" shall mean the CITY. "IDOT STANDARD SPECIFICATIONS" shall mean the Iowa Department of Transportation "Standard Specifications for Highway and Bridge Construction," Series of 2012, as SC-1 amended. S-2 LIMITATIONS OF OPERATIONS. Add the following paragraph to 1108.03 of the IDOT STANDARD SPECIFICATIONS: Except for such work as may be required to properly maintain lights and barricades, no work will be permitted on Sundays or legal holidays without specific permission of the ENGINEER. S-3 INSURANCE. A. CERTIFICATE OF INSURANCE; CANCELLATION OR MODIFICATION 1. Before commencing work, the Contractor shall submit to the City for approval a Certificate of Insurance, meeting the requirements specified herein, to be in effect for the full contract period. The name, address and phone number of the insurance company and agent must accompany the certificate. The liability limits required hereunder must apply to this Project only. 2. The Contractor shall notify the City in writing at least thirty (30) calendar days prior to any change or cancellation of said policy or policies. 3. Cancellation or modification of said policy or policies shall be considered just cause for the City of Iowa City to immediately cancel the contract and/or to halt work on the contract, and to withhold payment for any work performed on the contract. B. MINIMUM COVERAGE Any policy or policies of insurance purchased by the Contractor to satisfy his/her responsibilities under this contract shall include contractual liability coverage, and sill be in the following type and minimum amounts: �a 3:3' --c warm. Type of Coverage C-7 — r' Comprehensive General Liability Each Occurrence Aggret fa rn Bodily Injury& Property Damage* $1,000,000 $2,000 ' a Automobile Liability Combined StrAM Lin Bodily Injury& Property Damage $1,000;U00 0 w Excess Liability $1,000,000 $1,000,000 Worker's Compensation Insurance as required by Chapter 85, Code of Iowa. `Property Damage liability insurance must provide explosion, collapse and underground coverage when determined by City to be applicable. The City requires that the Contractor's Insurance carrier be A rated or better by A.M. Best. In addition, the Contractor shall be required to comply with the following provisions with respect to insurance coverage: 1. The entire amount of Contractor's liability insurance policy coverage limits, identified in the policy and on the Certificate of Insurance, must, under the policy, be available to pay damages for which the insured Contractor becomes liable, or for which the insured assumes liability under the indemnity agreement herein contained, and such coverage SC-2 7. In the event that any of the policies or insurance coverage identified on Contractor's Certificate of Insurance are canceled or modified, the City may in its discretion either suspend Contractor's operations or activities under this Contract, or terminate this Contract, and withhold payment for work performed on the Contract. C. HOLD HARMLESS 1. The Contractor shall indemnify, defend and hold harmless the City of Iowa City and its officers, employees, and agents from any and all liability, loss, cost, damage, and expense (including reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of any claims, actions, or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operations under this Contract, whether such operations be by himself or herself or by any Subcontractor or by anyone directly or indirectly employed by either of them. 2. Contractor is not, and shall not be deemed to be, an agent or employee of th,,City of Iowa City, Iowa. .11 S-4 SUPERVISION AND SUPERINTENDENCE. 7;74= -` =< Add the following paragraph to 1105.05 of the IDOT STANDARD SPECIFICATION ro CONTRACTOR shall maintain a qualified and responsible person available-a:9mm peP day, seven days per week to respond to emergencies which may occufter Burs. CONTRACTOR shall provide to ENGINEER the phone number and/or paging serviced this individual. S-5 CONCERNING SUBCONTRACTORS, SUPPLIERS AND OTHERS. Add the following paragraph to 1108.01 of the IDOT STANDARD SPECIFICATIONS: Bidders shall list those persons, firms, companies or other parties to whom it proposes/intends to enter into a subcontract regarding this project as required for approval by the City and as noted on the Form of Proposal and the Agreement. If no minority business enterprises (MBE) are utilized, the CONTRACTOR shall furnish documentation of all efforts to recruit MBE's. S-6 COMPLIANCE WITH OSHA REGULATIONS. Add the following paragraphs to 1107.01 of the IDOT STANDARD SPECIFICATIONS: The Contractor and all subcontractors shall comply with the requirements of 29 CFR 1910 (General Industry Standard) and 29 CFR 1926 (Construction Industry Standard). The Contractor and all subcontractors are solely responsible for compliance with said regulations. The Contractor will provide Material Safety Data Sheets (MSDS) for all hazardous chemicals or materials that will be at the job site. The Material Safety Data Sheets will be submitted to the Project Engineering prior to the start of construction and supplemented as necessary throughout the project. This data is being provided for informational purposes only and does not relieve the contractor of any obligations for compliance with applicable OSHA and State laws regarding hazardous chemicals and right-to-know. SC-4 amount shall not be subject to reduction by virtue of investigation or defense costs incurred by Contractor's insurer. 2. The entire amount of the Contractor's liability insurance policy coverage limits shall be payable by the Contractor's insurer, with no deductible to be paid by, or self-insured retention to be attributed to, the Contractor unless this requirement is waived by the City. Contractor's Certificate of Insurance must set forth the nature and amount of any such deductible or self-insured retention. 3. If Contractor's liability insurance coverage is subject to any special exclusions or limitations not common to the type of coverage being provided, such exclusions or limitations shall be noted on the Certificate of Insurance. 4. The City prefers that Contractor provide it with "occurrence form" liability insurance coverage. If Contractor can only provide "claims-made" insurance coverage, then the Contractor must comply with the following requirements: a. If the Contractor changes insurance carriers, or if Contractor's insurance coverage is canceled, during the contract period or within two years after City's acceptance of the work, Contractor agrees to immediately notify the City of such event. b. If Contractor's insurance is canceled or is allowed to lapse during said period, Contractor shall be required to obtain replacement insurance coverage to fulfill its obligation hereunder. c. If, during said period, Contractor voluntarily changes insurance carriers or is required to obtain replacement coverage from another carrier, Contractor shall either (1) purchase "tail" coverage from its first carrier effective for a minimum of two years after City Council acceptance of the work, or (2) purchase "prior acts" insurance coverage from its new carrier, covering prior acts during the period of this Contract from and after its inception. d. "Tail" or "prior acts" coverage so provided shall have the same coverage, with the same limits, as the insurance specified in this Contract, and shall not be subject to any further limitations or exclusions, or have a higher deductible or self-insured retention than the insurance which it replaces. 5. The City reserves the right to waive any of the insurance requirements herein provided. The City also reserves the right to reject Contractor's insurance if not in compliance with the requirements herein provided, and on that basis to either award the contract to the next low bidder, or declare a default and pursue any and all remedies available to the City. 6. In the event that any of the policies of insurance or insurance coverage ideUfied on Contractor's Certificate of Insurance are canceled or modified, or i. .tke Vnt that Contractor incurs liability losses, either due to activities under this C t, due tE other activities not under this Contract but covered by the same ins e,-and s losses reduce the aggregate limits of Contractor's liability insuranceow4he li its required hereunder, then in that event the City may in its discretion eithe usp rq Contractor's operations or activities under this Contract, or terminate I oract, 0 withhold payment for work performed on the Contract. •• 0 c4 SC-3 S-7 EMPLOYMENT PRACTICES. Neither the Contractor nor his/her subcontractors, shall employ any person whose physical or mental condition is such that his/her employment will endanger the health and safety of them- selves or others employed on the project. Contractor shall not commit any of the following employment practices and agrees to include the following clauses in any subcontracts: To discriminate against any individual in terms, conditions, or privileges of employment because of sex, race, color, religion, national origin, sexual orientation, gender identity, marital status, age or disability unless such disability is related to job performance of such person or employee. To discharge from employment or refuse to hire any individual because of sex, race, color, religion, national origin, sexual orientation, gender identity, marital status, age, or disability unless such disability is related to job performance of such person or employee. S-8 CONTRACT COMPLIANCE PROGRAM (ANTI-DISCRIMINATION REQUIREMENTS). For all contracts of $25,000 or more, the Contractor shall abide by the requirements of the City's Contract Compliance Program, which is included with these Specifications beginning on page CC-1. S-9 MEASUREMENT AND PAYMENT. The detailed specifications of this document defines all pay items and methods of measurement and will supersede applicable sections in the IDOT STANDARD SPECIFICATIONS. S-10 TAXES. C9 Cx% Contractors and approved subcontractors will be provided a Sales Tax Exempti 2eit ,ate tJ 1 purchase building materials, supplies, or equipment in the performance of the contract-4T CQDtractp shall submit the information necessary for the certificates to be issued. -=its 1 S-11 CONSTRUCTION STAKES. a)?,? iv 0 Replace the last paragraph of 1105.06 of the IDOT Standard Specifications with thollowe: The Contractor shall be responsible for all necessary construction staking and marking to accomplish the installation along the route specified on the plans. Where there is question concerning alignment along the route, contact the Engineer. The stationing shown on the drawings is local stationing and not derived from IDOT stationing coordinates. S-12 WORK DURING AN EMERGENCY. The Contractor shall perform any work and shall furnish and install any materials and equipment necessary during an emergency endangering life or property. In all cases the Contractor shall notify the Engineer of the emergency as soon as practical, but shall not wait for instructions before proceeding to properly protect both life and property. SC-5 S-13 UTILITIES. The Contractor is responsible for the field location of all utilities by qualified utility representatives prior to the start of construction and as required throughout the duration of the project. Refer to the General Project Information notes on the plans for requirements for utility locating and potholing requirements. If a utility is encountered during construction, the utility shall be protected. If a utility is damaged by the Contractor during construction, whether located or not, the utility shall be repaired by the Contractor at no cost to the City. The Contractor shall expose all utilities at the request of the Engineer for purposes of investigation. This work shall be considered incidental to the project and no additional compensation will be allowed thereof. Existing Utilities and Structures 1. It is the Contractor's responsibility to become acquainted with the extent and location of the underground utilities and structures and to protect them against damage from the construction operations. 2. The Contractor shall verify the exact locations of existing utilities by applying appropriate means and methods before beginning any excavation, drilling or trench-cutting operations. Excavation adjacent to underground structures shall be done with care. Where required, excavation shall be performed by hand digging around utilities to locate and prevent damage to utility. 3. Existing utilities which are shown on the drawings or field located and are damaged by the Contractor shall be repaired or replaced, at the utility owner's sole option, entirely at the expense of the Contractor. Where damage necessitates a utility outage, Contractor shall work continuously on a 24-hour, around the clock basis until the damaged utility is placed into service again. All costs to be the responsibility of the Contractor. The City and utility owner reserve the right to repair any existing utility damaged by the Contractor, at the Contractor's expense. rs., b 4. If existing utilities are encountered during construction which are not sho �s pipes, ar�dn which have not been field located prior to encountering, Contractor shall i iaidly stgp.., work in that area and notify the Engineer. The Engineer will make a det ywkatien as nature of utility and direct the Contractor as to what action is to be taken. Zc� `..n 5. When a Contractor must schedule a utility shutdown, a minimum of seven (7ancA days is required to allow adequate notification unless other arrangements are agrid to bcyathose affected by the shutdown. c ) Handhole and Vault Access Authorization 1. Access to utility handholes and vaults typically requires authorization from the utility owner. Contractor is required to obtain necessary permissions to access utility handholes and vaults. 2. The Contractor is required to secure the opening from pedestrian traffic by installing barricades that provide complete protection from any direction. 3. The Contractor is required to follow all safety practices, requirements and safety regulations applicable to accessing handholes and vaults, and applicable to securing handholes and vaults during operations. SC-6 S-14 WASTE SITES. All waste material shall be hauled to a legitimate waste site of the Contractor's choice. Cost of disposal at the City Sanitary Landfill will be at the current rate per ton at the time of the contract; the Contractor may establish a charge account with the City which shall be paid prior to project acceptance. Disposal cost shall be included in the contract cost and no extra compensation will be allowed thereof. S-15 MAINTENANCE AND CONTROL OF TRAFFIC. All signs and barricades within and beyond the project area deemed appropriate by the Engineer will be the responsibility of the Contractor. The signs and barricades shall meet the requirements of Article 1107.09 of the "Standard Specifications" except as herein modified. Generator-operated traffic control devices cannot be operated in or near residential neighborhoods overnight. All work must be properly barricaded to eliminate hazards to pedestrians. Properly constructed and lighted barricades shall be provided by the Contractor as needed to protect his work from traffic. 24-hour maintenance of all traffic control devices is the responsibility of the Contractor. S-16 MINOR WORK AND INCIDENTAL ITEMS OF CONSTRUCTION. Any minor work not specifically mentioned in the specifications, but obviously necessary for the proper completion of the work shall be considered as being a part of and included in the contract and shall be executed in the proper manner and the Contractor shall not be entitled to extra or additional compensation for the same. There are items of construction noted in the specifications which shall be considered "incidental"to the contract or a particular bid item. In all cases thereof, no extra compensation will be allowed for the necessary labor, equipment, materials, etc. required to complete the "incidental" items of construction. S-17 PROGRESS AND COMPLETION. Time limits stated in the Contract Documents are of the essence of the Contract. By accepting the Contract the Contractor confirms that the Contract Time is a reasonable period for performing the Work. Within 10 calendar days after Contract Times start to run, but before any work at the site is started, a conference attended by Contractor, City, and others as appropriate will be held to establish a working understanding among the parties as to the work and to discuss the schedules, procedures for handling shop drawings and other submittals, processing applications for payment, and maintaining required records. The Contractor shall not prematurely commence operations on the site or elsewhere prior to the effective date of insurance to be furnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. The Contractor shall notify the Owner of the date and time of commencement of QperaticN on the site, and shall proceed expeditiously with adequate forces to achieve completion ths pecifie i contract time. >_; + 1 cI—G -- raw As necessary, construction progress meetings will be held with key project particiFi.M. Pqueiic of meetings will be discussed at the pre-construction meeting. The frequency �mtingM intended to be consistent with the size and complexity of the project. The City rests t righal call meetings on an ad-hoc basis. c.� SC-7 S-18 WORKING DAYS. Considerations for weather and unforeseen issues and availability of materials affecting the desired start and completion date will be reviewed as the project progresses and dates may be adjusted accordingly. All schedule adjustments shall be approved by the engineer. S-19 WORK RESTRICTIONS. Note traffic control requirements as identified on the general project information notes on the Plans. S-20 MATERIAL SUBMITTAL PROCEDURES The Contractor shall provide materials submittal information as follows: 1. Provide submittals for all Contractor-furnished materials listed on the "Material List" on Sheet TO.1 in the Plan set for approval prior to ordering and installation into the project. Include: 1. Manufacturer name 2. Manufacturer part number 3. All relevant specification and description information necessary for the Owner to validate that the material submitted is in fact the material specified. 2. Submit the number of copies that the Contractor requires, plus one (1) copy that will be retained by the Owner. Mail or deliver submittals to: Communications Infrastructure Services Group ATTN: Mr. Michael Meister P.O. Box 2087 Iowa City, IA 52244 3. Submittals will be reviewed by the Owner and Design Professional and returned to the Contractor either approved as submitted, approved with comments, or rejected with comments. If rejected, Contractor shall correct and resubmit. S-21 CONTRACTOR PAYMENT PROCEDURES. As appropriate to the progress of the work and based on the schedule of values, the Contractor shall submit to the City an itemized Application for Payment, supported by such data substantiating the Contractor's rights to payment as the City may require. Payment under this contract shall occur no more than once per month for work completed by the Contractor. It is not the City's policy to pay for materials and equipment stored at the site. Invoices will be reviewed by the Engineer for approval for payment. Unless otherwise specified, invoices must be mailed to: City of Iowa City c, .' Attention Mr. Michael Harapat ►, ,i �� 410 East Washington Street c"-< Iowa City, IA 52240 a r- m m 0 o SC-8 Bidder Status Form To be completed by all bidders Part A Please answer"Yes" or"No" for each of the following: ❑ Yes ❑ No My company is authorized to transact business in Iowa. (To help you determine if your company is authorized, please review the worksheet on the next page). ❑ 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 nonresident bidder. Please complete Parts C and D of this form. To be completed by resident bidders Part B My company has maintained offices in Iowa during the past 3 years at the following addresses: Dates: / / to / / Address: City, State, Zip: Dates: / / to / / Address: City, State, Zip: Dates: / / to / / Address: You may attach additional sheet(s) if needed. City, State, Zip: To be completed by non-resident bidders Part C 1. Name of home state or foreign country reported to the Iowa Secretary of State: r� C7 2. Does your company's home state or foreign country offer preferences to bidders who are resides? P3 Yes No 3. If you answered "Yes" to question 2, identify each preference offered by your company's home -'! r fipign c try and the appropriate legal citation. c—r — r- P -0 M Q tV a You may attach additional sfieet(s) if needed. To be completed by all bidders Part D I 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: You must submit the completed form to the governmental body requesting bids per 875 Iowa Administrative Code Chapter 156. This form has been approved by the Iowa Labor Commissioner. R-1 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. o cr+ C.) re. rn -0 m n ,N R-2 ARC 1271C LABOR SERVICES DIVISION[875] Adopted and Filed Pursuant to the authority of Iowa Code section 73A.21,the Labor Commissioner hereby adopts a new Chapter 156, "Bidder Preferences in Government Contracting,"Iowa Administrative Code. This amendment adopts new rules concerning preferences for resident bidders on government construction projects. The new chapter sets forth requirements for a public body involved in a public improvement and sets forth enforcement procedures. Notice of Intended Action was published in the October 30, 2013, Iowa Administrative Bulletin as ARC 1160C. Public comments regarding the proposed rules were received. Commenters stated that some of the rules could be misinterpreted and that some of the rules were beyond the statutory authority of Iowa Code section 73A.21. Commenters expressed ideas on how to make the bidding process more efficient. Commenters also questioned the constitutionality of Iowa Code section 73A.21. One commenter suggested adding compliance with Iowa Code chapter 91C as a basis to find that a company is authorized to transact business in Iowa. These rules are not identical to those published under Notice of Intended Action. Some changes are technical; other more substantive changes are described below. References to "domicile" were removed from several rules. Subrule 156.2(1) was changed to clarify that the requirements apply only to a project to be awarded to the lowest responsible bidder; to clarify that only office addresses, not construction worksites, must be reported; to remove a reference to perjury; and to change the deadline for submitting a statement to the public body. Paragraph I56.2(2)"b"was changed by deleting the phrase "under this Act." Subrule 156.2(3) was changed by adding new paragraph "k" concerning construction contractor registration, and by clarifying that compliance with only one of the lettered paragraphs in the subrule is necessary. Paragraph I56.2(4)"b"was changed by adding the phrase"if applicable." In rule 875-156.3(73A),the term "public body"replaced the term "nonresident bidder." A new rule 875-156.9(73A)containing a severability clause was added. The principal reason for adoption of this amendment is to implement legislative intent. No vrknce procedures are included in these rules because variance provisions are set forth in 875—Chapter After analysis and review of this rule making, no impact on jobs has been found. c) z "fl These rules are intended to implement Iowa Code section 73A.21. These rules shall become effective on February 12, 2014. n.= -- The following amendment is adopted. .=t C'3 `Q ...cc— -fl rri Adopt the following new 875—Chapter 156: ! 0 CHAPTER 156 ;? BIDDER PREFERENCES IN GOVERNMENT CONTRACTING 7s+ 875-156.1(73A)Purpose,scope and definitions. These rules institute administrative and operational procedures for enforcement of the Act. The definitions and interpretations contained in Iowa Code section 73A.21 shall be applicable to such terms when used in this chapter. "Act" means Iowa Code section 73A.21. "Affiliate, "when used with respect to any specified person or entity, means another person or entity that, either directly or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control or ownership with, such specified person or entity. "Commissioner" means the labor commissioner appointed pursuant to Iowa Code section 91.2, or the labor commissioner's designee. "Division"means the division of labor of the department of workforce development. R-3 "Nonresident bidder"means a person or entity that does not meet the definition of a resident bidder, including any affiliate of any person or entity that is a nonresident bidder. "Parent," when used with respect to any specified person or entity, means an affiliate controlling such specified person or entity directly or indirectly through one or more intermediaries. "Public body"means the state and any of its political subdivisions,including a school district,public utility, or the state board of regents. "Public improvement" means a building or other construction work to be paid for in whole or in part by the use of funds of the state, its agencies, and any of its political subdivisions and includes road construction, reconstruction, and maintenance projects. "Public utility" includes municipally owned utilities and municipally owned waterworks. "Resident bidder" means a person or entity authorized to transact business in this state and having a place of business for transacting business within the state at which it is conducting and has conducted business for at least three years prior to the date of the first advertisement for the public improvement. If another state or foreign country has a more stringent definition of a resident bidder,the more stringent definition is applicable as to bidders from that state or foreign country. "Resident labor force preference" means a requirement in which all or a portion of a labor force working on a public improvement is a resident of a particular state or country. "Subsidiary, "when used with respect to any specified person or entity, is an affiliate controlled by such specified person or entity directly or indirectly through one or more intermediaries. 875-156.2(73A) Reporting of resident status of bidders. 156.2(1) Reporting to public body. When a contract for a public improvement is to be awarded to the lowest responsible bidder, the public body shall request a statement from each bidder regarding the bidder's resident status. The statement shall be on the form designated by the commissioner. The statement shall require the bidder to certify whether the bidder is a resident bidder or a nonresident bidder. In the case of a resident bidder, the statement shall require the resident bidder to identify each office at which the resident bidder has conducted business in the state during the previous three years and the dates on which the resident bidder conducted business at each office. In the case of a nonresident bidder,the statement shall require the nonresident bidder to identify the nonresident bidder's home state or foreign country as reported to the Iowa secretary of state, to identify each preference offered by the nonresident bidder's home state or foreign country, and to certify that, except as set forth on the form, there are no other preferences offered by the nonresident bidder's home state or foreign country. The statement shall include such additional information as requested by the commissioner. The statement must be signed by an authorized representative of the bidder. A fully completed stamient s ll be deemed to be incorporated by reference into all project bid specifications and contract 9ertiswith 671 any bidder on a public improvement. Failure to provide the statement with the bid may Doses in bid,...... being deemed nonresponsive. This may result in the bid being rejected by the public 156.2(2) Determining Determining residency status. ---4C", a. For purposes of the Act,a person or entity is a resident bidder if the person or up (1) Is authorized to transact business in Iowa; and d — 0 (2) Has had one or more places of business in Iowa at which it is conducting or s concted business in this state for at least three years immediately prior to the date of the first advertisemeoDfor the public improvement. b. If the person or entity is a resident of a state or foreign country that has a more stringent definition than is set forth in paragraph 156.2(2)"a" for determining whether a person or entity in that state or country is a resident bidder, then the more stringent definition applies. 156.2(3) Determining authorization to transact business. A person or entity is authorized to transact business in the state if one or more of the following accurately describes the person or entity: a. In the case of a sole proprietorship,the sole proprietor is an Iowa resident for Iowa income tax purposes; b. In the case of 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; R-4 c. In the case of a limited liability partnership which has filed a statement of qualification in this state, the statement has not been canceled; d. In the case of a limited liability partnership whose statement of qualification is filed in a state other than Iowa, the limited liability partnership has filed a statement of foreign qualification in Iowa and a statement of cancellation has not been filed pursuant to Iowa Code section 486A.105(4); e. In the case of a limited partnership or limited liability limited partnership whose certificate of limited partnership is filed in this state,the limited partnership or limited liability limited partnership has not filed a statement of termination; f. In the case of 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; g. In the case of a limited liability company whose certificate of organization is filed in this state, the limited liability company has not filed a statement of termination; h. In the case of a limited liability company whose certificate of organization is filed in a state other than Iowa,the limited liability company has received a certificate of authority to transact business in this state and the certificate has not been revoked or canceled; i. In the case of a corporation whose articles of incorporation are filed in this state,the corporation (1)has paid all fees required by Iowa Code chapter 490,(2)has filed its most recent biennial report,and (3) has not filed articles of dissolution; j. In the case of a corporation whose articles of incorporation are filed in a state other than Iowa, the corporation (1) has received a certificate of authority from the Iowa secretary of state, (2) has filed its most recent biennial report with the secretary of state, and (3) has neither received a certificate of withdrawal from the secretary of state nor had its authority revoked; or k. The person or entity is registered with the Iowa division of labor as a construction contractor pursuant to Iowa Code chapter 91 C. 156.2(4) Determining if bidder has conducted business in state. In order to determine if a bidder has a place of business for transacting business within Iowa at which it is conducting and has conducted business for at least three years prior to the date of the first advertisement of the public imprdament, the bidder shall meet the following criteria for the three-year period prior to the first.:a ,ertisei nt fo the public improvement: Vic? a. Continuously maintained a place of business for transacting business in Iow�is suitable for more than receiving mail,telephone calls, and e-mails; and -=�n ate b. Conducted business in the state for each of those three years and filed an Iowa intax.r.6turn, if applicable, made payments to the Iowa unemployment insurance fund, if applicable,sataiiined an Iowa workers' compensation policy, if applicable, in effect for each of those three ye .. 10. 875—I56.3(73A) Application of preference. When awarding a contract for a public improver t to the lowest responsible bidder, the public body shall allow a preference to a resident bidder as against a nonresident bidder that is equal to any preference given or required by the home state or foreign country in which the nonresident bidder is a resident without regard to whether such preferences are actually enforced by the applicable regulatory body in each state. If the bidder is a subsidiary of a parent that would be a nonresident bidder if such parent were to bid on the public improvement in its own name, then the public body shall allow a preference as against such bidder that is equal to the preference given or required by the home state or foreign country of the bidder's parent. In the instance of a labor force preference,a public body shall apply the same resident labor force preference to a public improvement in this state as would be required in the construction of a public improvement by the home state or foreign country of the nonresident bidder, or the parent of a resident bidder if the parent would qualify as a nonresident bidder if such parent were to bid on the public improvement in its own name. A preference shall not be applied to a subcontractor unless the home state or foreign country of the nonresident bidder to whom the contract was awarded would apply a preference to the subcontractor. R-5 Specific methods of calculating and applying a preference shall mirror those that apply in the home state or foreign country of the nonresident bidder to whom the contract was awarded. In the event that the specific method used by the nonresident bidder's home state or foreign country cannot be determined, the calculation for a labor force preference shall include only the labor force working on the public improvement in Iowa on a regular basis calculated by pay period. 875-156.4(73A)Complaints regarding alleged violations of the Act. 156.4(1) Complaints. Any person with information regarding a violation of the Act may submit a written complaint to the commissioner. Any complaint must provide the information required pursuant to subrule 156.4(2)or as much of such information as is reasonably practicable under the circumstances. The completed written complaint form shall be submitted to the commissioner at Labor Services Division, 1000 East Grand Avenue, Des Moines, Iowa 50319. 156.4(2) Written complaint form. The commissioner shall prepare a written complaint form that a person with information regarding a potential violation of the Act may submit pursuant to subrule 156.4(1). The written complaint form shall request the following information: the name, address, telephone number, and e-mail address of the complainant; the name of the bidder that is believed to have violated the Act; a description of any relationships between the complainant and the bidder; an identification of the public body to which the bidder submitted a bid;the home state or foreign country of the bidder; a description of the goods and services provided under the bid; and such additional information as requested by the commissioner. 156.4(3) Availability of written complaint form. The written complaint form shall be available in all division offices and on the department of workforce development's Internet Web site. 875-156.5(73A) Nonresident bidder record-keeping requirements. While participating in a public improvement, a nonresident bidder from a home state or foreign country with a resident labor force preference shall make and keep,for a period of not less than three years,accurate records of all workers employed by the contractor or subcontractor on the public improvement. The records shall include each worker's name, address,telephone number if available,social security number,trade classification,and starting and ending date of employment. 875-156.6(73A) Investigations; determination of civil penalty. The commissioner or an authorized designee shall cause an investigation to be made into charges of violations of the Act, including allegations set forth in a written complaint. 156.6(1) Investigative powers. The commissioner or the authorized designee shall have the following powers: a. Hearings. The commissioner may hold hearings and investigate charges of violations of the Act. b. Entry into place of employment. The commissioner may, consistent with due process of law, enter any place of employment to inspect records concerning labor force residency, to question an employer or employee, and to investigate those facts, conditions, or matters as are deemed appropriate in determining whether any person has violated the provisions of the Act. The commissioner shall only make an entry into a place of employment in response to a written complaint. c. Residency of workers. The commissioner may investigate and ascertain the residency of a worker engaged in any public improvement in this state. d. Oaths; depositions; subpoenas. The commissioner may administer oaths, take or cauge.,to be taken deposition of witnesses,and require by subpoena the attendance and testimony of witnessessd the production of all books, registers, payrolls, and other evidence relevant to a matter uncyestation*l or hearing. e. Employment of personnel. The commissioner may employ qualified personnel gPall neuisary f' for the enforcement of Iowa Code section 73A.21. The personnel shall be employed s aant to the rvis merit system provisions of Iowa Code chapter 8A, subchapter IV. rri - o R-6 f Request for records. The commissioner shall require a contractor or subcontractor to file, within 10 days of receipt of a request, any records enumerated in rule 875-156.5(73A). If the contractor or subcontractor fails to provide the requested records within 10 days,the commissioner may direct, within 15 days after the end of the 10-day period, that the fiscal or financial office charged with the custody and disbursement of funds of the public body that contracted for construction of the public improvement or undertook the public improvement, to withhold immediately from payment to the contractor or subcontractor up to 25 percent of the amount to be paid to the contractor or subcontractor under the terms of the contract or written instrument under which the public improvement is being performed. The amount withheld shall be immediately released upon receipt by the public body of a notice from the commissioner indicating that the request for records as required by this paragraph has been satisfied. 156.6(2) Division determination. Upon conclusion of an investigation, the commissioner or an authorized designee shall issue a written determination to the party that was the subject of the investigation. The determination shall indicate whether or not the division finds a violation of the Act by the party. If the determination indicates that the party engaged in a violation of the Act, the determination shall also indicate the remedies the division intends to pursue as a result of the violation. 156.6(3) Informal conference. A party seeking review of the division's determination pursuant to this rule may file a written request for an informal conference. The request must be received by the division within 15 days after the date of issuance of the division's determination. During the conference, the party seeking review may present written or oral information and arguments as to why the division's determination should be amended or vacated. The division shall consider the information and arguments presented and issue a written decision advising all parties of the outcome of the informal conference. 875-156.7(73A) Remedies. Following the conclusion of the informal conference, or following the expiration of the time in which a party may file a written request for an informal conference,the division may pursue the following remedies. 156.7(1) Injunctive relief. If the division determines that a violation of the Act has occurred, the division may sue for injunctive relief against the awarding of a contract, the undertaking of a public improvement, or the continuation of a public improvement. 156.7(2) Civil penalty. Any person or entity that violates the provisions of this chapter is subject to a civil penalty in an amount not to exceed $1,000 for each violation found in a first investigation by the division, not to exceed $5,000 for each violation found in a second investigation by the division, and not to exceed$15,000 for a third or subsequent violation found in any subsequent investigation by the division. Each violation of this chapter for each worker and for each day the violation continues constitutes a separate and distinct violation. In determining the amount of the penalty,the division shall consider the appropriateness of the penalty to the person or entity charged, upon determination of the gravity of the violation(s). The collection of these penalties shall be enforced in a civil action brought by the attorney general on behalf of the division. 875-156.8(73A)Compliance with federal law. If it is determined that application of this chapter and the Act may cause denial of federal funds which would otherwise be available for a public improvement, or would otherwise be inconsistent with requirements of any federal law or regulation, the application of this chapter shall be suspended to the extent necessary to prevent denial of the funds or to eliminate the inconsistency with federal requirements. 875-156.9(73A) Severability. If any rule under this chapter, any portion of a rule uner this chapter, or the applicability of any rule under this chapter to any person or circumstance is h2valby R-7 w court,the remainder of these rules or the rules' applicability to other persons or circumstances shall not be affected. These rules are intended to implement Iowa Code section 73A.21. [Filed 12/16/13, effective 2/12/14] [Published 1/8/14] EDITOR'S NOTE: For replacement pages for IAC,see IAC Supplement 1/8/14. r., rarir rSO M� 0 Cal R-8 • 3 Prepared by: Trent Hansen,410 E.Washington St.,Iowa City, IA 52240,(319)356-5433 RESOLUTION NO. 15-165 RESOLUTION SETTING A PUBLIC HEARING ON JUNE 2, 2015 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FIBER INFRASTRUCTURE - IOWA CITY SOUTH PART 1 - DUCT INSTALLATION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. WHEREAS, funds for this project are available in the S. Wastewater Fiber Repair/Redundant Path account # 14722. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 2nd day of June, 2015, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 19th day of May , 2015. MAYOR Approved by ATTEST: c:, ,` Q G-� • CIT CLERK ity A torney's Office pwe ng\ma sters\setph.doc 1/11 Resolution No. 15-16 5 Page 2 It was moved by Payne and seconded by Botchway the Resolution be adopted,and upon roll call there were: AYES: NAYS: ABSENT: X Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton OFFICIAL PUBLICATION NOTICE OF PUBLIC HEARING ON PLANS,SPECIFICATIONS, FORM OF CONTRACT,SPECIAL PROVISIONS AND ESTIMATE OF COST FOR THE FIBER INFRASTRUCTURE IOWA CITY SOUTH RT 1 DUCT Printer's Fee$ o��•S , INSTALLATION, N THE CITY OF IOWA CITY,IOWA TO ALL TAXPAYERS OF THE CITY CERTIFICATE OF PUBLICATION OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: STATE OF IOWA, Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a public JOHNSON COUNTY,SS: hearing on plans, specifications, form of contract,special provisions and estimate of cost for the con- THE IOWA CITY PRESS-CITIZEN struction of the Fiber Infrastructure Iowa City South Part 1 Duct FED.IDk42-0330670 Installation in said city at 7:00 p.m. on the 2th day of June,2015,said I, �fa l.!�S meeting to be held in the Emma J. Harvat Hall in City Hall, 410 E. Washington Street in said city,or if being duly sworn, say that I a said meeting is cancelled, at the the legal clerk of the IOWA CITY next meeting postedof e City theC City g thereafter as by City PRESS-CITIZEN,a newspaper Clerk. Said plans,specifications,form of published in said county,and contract, special provisions and estimate of cost are now on file in that a notice,a printed copy of the office of the City Clerk in City which is hereto attached,was Hall in Iowa City,Iowa,and may be inspected by any interested per- published in said paper 1 sons. Any interested persons may time(s),on the following date(s): appear at said meeting of the City - 2,6. S Council for the purpose of making objections to and comments con- cerning nt said plans,t making said contract or the cost of making said improvement. This notice is given by order of the City Council of the City of Iowa City,Iowa and as provided by law. Legal Clerk MARIAN K.KARR,CITY CLERK PC-6O00045592 May 26,2015 Subscribed and sworn to before this day of N Pu lic ADAM JAMES KAHLER , Commission Number 785381 � My Commission Expires 08/04/2017 06-02-15 6 Prepared by:Trent Hansen,Public Works,410 E.Washington St., Iowa City,IA 52240 (319)356-5433 RESOLUTION NO. 15-189 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FIBER INFRASTRUCTURE - IOWA CITY SOUTH PART 1 - DUCT INSTALLATION PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held; and WHEREAS, funds for this project are available in the S. Wastewater Fiber Repair/Redundant Path account# 14722. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the 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 publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 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 3:00 p.m. on the 12th day of June, 2015. 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 meeting9, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 16t day of June, 2015, or at a special meeting called for that purpose. Passed and approved this 2nd day of June , 20 15 MAYOR 71 Approved by ATTEST: i7,/u - l I' 4/Z4' CITY CLERK City Att ney's Office pweng\masters\res appp&s doc 5/15 Resolution No. 15—18 9 Page 2 It was moved by Mims and seconded by Botchway the Resolution be adopted,and upon roll call there were: AYES: NAYS: ABSENT: X Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton NOTICE TO BIDDERS FIBER INFRASTRUCTURE—IOWA CITY SOUTH PART-1 —DUCT INSTALLATION • (PROJECT NO. 2015-004) Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 3:00 P.M. on the 12th day of June, 2015. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 16th day of June, 2015, or at special meeting called for that purpose. The Project will involve the following: Installing HDPE duct, polymer concrete handholes and precast concrete vaults as part of an underground communications facility. All work is to be done in strict compliance with the plans and specifications prepared by the Iowa City Engineering Division of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid.The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10)calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15)calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent(100%)of the contract price, said bond to be issued by a responsible surety approved by the City, and 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 one (1) year from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Start Date: June 29, 2015 Specified Completion Date: July 31, 2015 Liquidated Damages: $500 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifi- cations and form of proposal blanks may be secured at the Office of The Department of Publics Works, Engineering Division, 410 East Washington Street, Iowa City, Iowa, 52240 by bona fide bidders. A $25 refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to the City of Iowa City. A refund will be issued if re-useable plans and specifications are returned to the City of Iowa City within 14 days of the project award date. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Inspections and Appeals at (515) 281-5796 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quanti- ties, 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 re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK OFFICIAL PUBLICATION The following limitations shall NOTICE TO BIDDERS apply to this Project: FIBER INFRASTRUCTURE- Specified Start Date: June 29, IOWA CITY SOUTH 2O PART-1-DUCT INSTALLATION Specified Completion Date: July NO.2015-004) 31,2015 Sealed proposals will be received Liquidated Damages: $500 per day by the City Clerk of the City of Iowa The plans,specifications and pro- City, Iowa, until 3:00 P.M. on the posed contract documents may be Printer's Fee$ b-1 12th day of June. 2015. Sealed examined at the office of the City proposals will be opened immedi- Clerk. Copies of said plans and ately thereafter by the City Engineer specifications and form of proposal CERTIFICATE OF PUBLICATION or designee.Bids submitted by fax blanks may be secured at the machine shall not be deemed a Office of The Department of "sealed bid" for purposes of this STATE OF IOWA, Publics Works, Engineering Project. Proposals received after Division, 410 East Washington ,` this deadline will be returned to the Street, Iowa City, Iowa, 52240 by JOHNSON COUNTY,SS: bidder unopened. Proposals will bona fide bidders. be acted upon by the City Council A $25 refundable fee is required at a meeting to be held in the for each set of plans and specifica- THF. IOWA CITY PRESS-CITIZEN Emma J. Harvat Hall at 7:00 P.M. tions provided to bidders or other on the 16th day of June.2015 or at interested persons. The fee shall FED.ID#42-0330670 special meeting called for that pur- be in the form of a check, made pose. payable to the City of Iowa City.A \� The Project will involve the follow- refund will be issued if re-useable I, +���,^ CrOS ng lnstallina HDPE duct, polymer plans and specifications are concreteHDPE handholes andt. Polymer returned to the City of Iowa City being duly sworn, say that amwithin 14 days of the project award concrete vaults as part of an date. the legal clerk of the IOWA CITY underground communications Prospective bidders are advised PRESS-CITIZEN, a newspaper facility, that the City of Iowa City desires to All work is to be done in strict employ minority contractors and published in said county, and compliance with the plans andspecifications prepared by the subcontractors on City projects.A that a notice, a printed copy of Iowa City Engineering Division of listing of minority contractors can Iowa City, Iowa, which have here- be obtained from the Iowa which is hereto attached,was tofore been approved by the City Department of Inspections and Appeals at(515)281-5796 and the published in said paper I Council, and are on file for public examination in the Office of the Iowa Department of Transportation CityClerk. Contracts Office at(515)239-1422. time(s),on the followingdate(s): Bidders shall list on the Form of 6 , 1 Each proposal shall be completed Proposal the names of persons, on a form furnished by the City and firms, companies or other parties must be accompanied in a sealed with whom the bidder intends to envelope, separate from the one subcontract.This list shall include ‘.......-3fAA- Cy-\ v.-1- containing the proposal, by a bid the type of work and approximate bond executed by a corporation subcontract amount(s). authorized to contract as a surety The Contractor awarded the con- in the State of Iowa,in the sum of tract shall submit a list on the Form 10% of the bid. The bid security of Agreement of the proposed sub Legal Clerk shall be made payable to the contractors, together with quanti- TREASURER OF THE CITY OF ties,unit prices and extended dol- Subscribed an sworn to IOWA CITY, IOWA, and shall be lar amounts. forfeited to the City of Iowa City in By virtue of statutory authority, before me this day of the event the successful bidder preference must be given to prod- fails to enter into a contract within ucts and provisions grown and �1A��. A.I . 20.1.. .... ten (10)calendar days of the City coal produced within the State of Council's award of the contract Iowa,and to Iowa domestic labor, and post bond satisfactory to the to the extent lawfully required Nota Ub is City ensuring the faithful perfor- under Iowa Statutes. The Iowa mance of the contract and mainte- reciprocal resident bidder prefer- nance of said Project, if required, ence law applies to this Project. pursuant to the provisions of this The City reserves the right to notice and the other contract doc- reject any or all proposals,and also uments. Bid bonds of the lowest reserves the right to waive techni- -- two or more bidders may be calities and irregularities. retained for a period of not to Published upon order of the City ARAM JAMS KAFII.ER exceed fifteen (15) calendar days following award of the contract,or Council of Iowa City,Iowa. MARIAN K.KARR,CITY CLERK o.41°4 Commission Number 785381 until rejection is made. Other bid bonds will be returned after the ac-s0000aseae June 3,2015 My Commission Expires canvass and tabulation of bids is completed and reported to the City 08/04/2017 Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred per- cent(100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract,and shall also guarantee the maintenance of the improvement for a period of one (1) year from and after its completion and formal acceptance by the City Council. n) Prepared by:Trent Hansen, IT,410 E.Washington St., Iowa City, IA 52240(319)356-5433 RESOLUTION NO. 15-199 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE FIBER INFRASTRUCTURE - IOWA CITY SOUTH PART 1 - DUCT INSTALLATION PROJECT. WHEREAS, Slabach Construction of Kalona, Iowa, has submitted the lowest responsible bid of $184,968.00 for construction of the above-named project; and WHEREAS, the bid includes the base bid and Alternates #'s 1, 2 and 3; and WHEREAS, funds for this project are available in the S. Wastewater Fiber Repair/Redundant Path account# 14722. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project for the base bid plus Alternates #'s 1, 2 and 3 is hereby awarded to Slabach Construction, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above-named project. Passed and approved this 16th day of June , 2015. MAYOR Approved by F � - /a ATTEST: CITY ttERK City Attorney's Office It was moved by Botchway and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton FORM OF AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Iowa City, Iowa ("City"), and Slabach Construction Company, Incorporated ("Contractor"). Whereas the City has prepared certain plans, specifications, proposal and bid documents dated the 1st day of May, 2015, for the Fiber Infrastructure — Iowa City South Part-1 — Duct Installation (Project No. 2015-004) ("Project"), and Whereas, said plans, specifications, proposal and bid documents accurately and fully describe the terms and conditions upon which the Contractor is willing to perform the Project. NOW, THEREFORE, IT IS AGREED: 1. The City hereby accepts the attached proposal and bid documents of the Contractor for the Project, and for the sums listed therein. 2. This Agreement consists of the following component parts which are incorporated herein by reference: a. Alternate-1 —South Riverside Lift Station Route b. Alternate-2—Napoleon Lift Station Route c. Alternate-3—Parks& Forestry Underground Route d. "Standard Specifications for Highway and Bridge Constructigg" Series of 2012, Iowa Department of Transportation, as amended c eamourso e. Plans; rn 4`"""' f. Specifications and Supplementary Conditions; _ _ g. Notice to Bidders; ry h. Note to Bidders; Performance and Payment Bond; j. Bidder Status Form; k. Contract Compliance Program (Anti-Discrimination Requirements); I. Proposal and Bid Documents; and m. This Instrument. AG-1 The above components are deemed complementary and should be read together. In the event of a discrepancy or inconsistency,the more specific provision shall prevail. 3. The names of subcontractors approved by City, together with quantities, unit prices, and extended dollar amounts, are as follows(or shown on an attachment): N �' cn r- 4. Payments are to be made to the Contractor in accordance with es up'j�l,emei ry 3�" N Conditions. �'/�� �-3 day of 3c i' t-C _ 20/3 DATED this , ,.� , City Contractor 414d, a By k' "'‘' - By -A&» AA.1.•�-L--/ (Title) 'C hG Mayor ATTEST: , ATTEST:/440,elitt) (Title) .✓`�-S. City lerk (Company Official) Approved By: Ce1 /lc- City A rney's Office AG-2 PERFORMANCE AND PAYMENT BOND Slabach Construction Co Inc, P 0 Box 814, Kalona IA 52247 , as (insert the name and address or legal title of the Contractor) Principal, hereinafter called the Contractor and Employers Mutual Casualty Company (insert the legal title of the Surety) P 0 Box 712, Des Moines IA 50306 , as Surety, hereinafter called the Surety, are held and firmly bound unto the City of Iowa City, Iowa, as obligee, reinafter One Hundred Eighty-four Thousand Nine Hundrec ixty-ei i & n the called the Owner, in the amount of z' Dol ($ 184,968.00 ) for the payment for which Contetiott2r aid Sypety CT x hereby bind themselves, their heirs, executors, administrators, successors and ae"rgns,,ointly severally. 77 N WHEREAS, Contractor has, as of 6 /2 y l.5 , entered into a (date) written Agreement with Owner for Fiber Infrastructure — Iowa City South Part-1 — Duct Installation (Project No. 2015-004) Project; and WHEREAS, the Agreement requires execution of this Performance and Payment Bond, to be completed by Contractor, in accordance with plans and specifications prepared by the Iowa City Engineering Division, which Agreement is by reference made a part hereof, and the agreed-upon work is hereafter referred to as the Project. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Agreement, then the obligation of this bond shall be null and void; otherwise it shall remain in full force and effect until satisfactory completion of the Project. A. The Surety hereby waives notice of any alteration or extension of time made by the Owner. B. Whenever Contractor shall be, and is declared by Owner to be, in default under the Agreement, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Project in accordance with the terms and conditions of the Agreement, or 2. Obtain a bid or bids for submission to Owner for completing the Project in accordance with the terms and conditions of the Agreement; and upon determina- tion by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available, as work progresses (even though there may be a default or a succession of defaults under the Agreement or subsequent contracts of completion arranged under this paragraph), sufficient PB-1 funds to pay the cost of completion, less the balance of the Contract Price, but not exceeding the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Agreement, together with any addenda and/or amendments thereto, less the amount properly paid by Owner to Contractor. C. The Contractor and Contractor's Surety shall be obligated to keep the improvements covered by this bond in good repair for a period of one (1) year from the date of formal acceptance of the improvements by the Owner. D. No right of action shall accrue to or for the use of any person, corporation or third party other than the Owner named herein or the heirs, executors, administrators or successors of Owner. IT IS A FURTHER CONDITION OF THIS OBLIGATION that the Principal and Surety, in accordance with provisions of Chapter 573, Code of Iowa, shall pay to all persons, rms or corporations having contracts directly with the Principal, including any of Princip sukontrac-i tors, all claims due them for labor performed or materials furnished in the perief an�of le-- Agreement for whose benefit this bond is given. The provisions of Chapter 573, C pp'rofrn a part of this bond to the same extent as if it were expressly set out herein. ry SIGNED AND SEALED THIS V DAY OF �-S-u 20 . IN THE PRESENCE OF: Slabac Construction Co Inc Piznat) "WA/ (Prmcipal) C4 = re Witness (Title) Employers Mutual Casualty Company (Surety) iVarri W ess Nancy D.Saljtat, (Ti e)Attorney-in-Fact 4200 University Avenue#200 (Street) West Des Moines IA 50266 (City, State, Zip) 515-244-0166 (Phone) PB-2 . THE FACE AND REVERSE OF THIS DOCUMENT HAVE A COLORED FLAG ON WHITE PAPER • EMC INSURANCE P.O.Box 712•Des Moines,IA 50306-0712 No. B00158 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company,an Iowa Corporation 5. Dakota Fire Insurance Company,a North Dakota Corporation 2. EMCASCO Insurance Company,an Iowa Corporation 6. EMC Property&Casualty Company,an Iowa Corporation 3. Union Insurance Company of Providence,an Iowa Corporation 7. Hamilton Mutual Insurance Company,an Iowa Corporation 4. Illinois EMCASCO Insurance Company,an Iowa Corporation hereinafter referred to severally as"Company"and collectively as"Companies",each does,by these presents,make,constitute and appoipta F. MELVYN HRUBETZ,PATRICK K.DUFF,GREG T.LAMAIR,MARK E.KEAIRNES,NANCY D.BALTUTAT,JEFFREY R.BAKFeJOSEPH I.SCHMIT,JILL SHAFFER a cr c —11 its true and lawful attorney-in-fact,with full power and authority conferred to sign,seal,and execute its lawful bonds,undertakil ,-9pd ott oblig4 'instruments of a similar nature as follows: 4(.1 In an amount not exceedingTen Million Dollars :im 33+ 1� � � 0,000,000.00 and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized o 6i3Y�:of ease such tottiipany,and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. ,,.. The authority hereby granted shall expire APRIL 1,2017 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power-of-Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at a regularly scheduled meeting of each company duly called and held in 1999: RESOLVED:The President and Chief Executive Officer,any Vice President,the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys-in-fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof;and(2)to remove any such attorney-in-fact at any time and revoke the power and authority given to him or her.Attorneys-in-fact shall have power and authority,subject to the terms and limitations of the power-of-attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof,and any such instrument executed by any such attorney-in-fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power-of-attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power-of-attomey of the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF,the Companies have caused these presents to be signed for each by their officers as shown,and the Corporate seals to be hereto affixed this 12th day of JUNE 2013 . LA / /// /044// ;-714,%//1 Seals ,S°O'NSU '' 'NCO;'"°4�.''' 'Pt.;,,8,°q' Bruce G.Kelley, hairman Michael Freel eGP,�AP0R9t;..0�'= 4`Q,`,OAP O R.,,,-..,...?,," ogx,,,P0,4,;,y,' of Companies 2,3,4,5&6;President Assistant Vice President f.:? =? `'° � of Company 1;Vice Chairman and Z SEAL a z; 1863 ;o: :�: 1953 ;F.,:, CEO of Company 7 ''*' ,IowA 1' • ,"1'N'.'3o , *',o,'' * , "" On this 12th day of JUNE AD 2013 before me a �\NSURANCF''., :'��NSURANC',, ;.��;;T�q�'�'', Notary Public in and for the State of Iowa,personally appeared Bruce G.Kelley and Michael Freel, :'�°�,p OR''C�= :.�Q;"PORy'FC'i Ny '"POR''q'PG' who,being by me duly sworn,did say that they are,and are known to me to be the Chairman, = :°:` : = President, Vice Chairman and CEO, and/or Assistant Vice President/Assistant Secretary, i,. SEAL `<_ =4= SEAL _ SEAL -.O% T- .yl. •:.o; respectively,of each of The Companies above;that the seals affixed to this instrument are the ;"•ti', ,.SP•: 0Fs,, ,.,P;; seals of said corporations;that said instrument was signed and sealed on behalf of each of the '' %owp. °'TH DAK° Howes.° Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley """ """ """ and Michael Freel,as such officers,acknowledged the execution of said instrument to be the �MUTUAI/„L voluntary act and deed of each of the Companies. . UTU4"'Ire_ My Commission Expires October 10,2016. I/_'a� m ,s L a�, KATHY LYNN LOVENIDGE x :° -Commission Number 780769 a My Commission Expires -& `�s,'URA .o °"' October 10,2016 Nota Public i and for the State of Iowa v°/NES,���P CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on JUNE 12,2013 on behalf of: F.MELVYN HRUBETZ,PATRICK K.DUFF,GREG T.LAMAIR,MARK E.KEAIRNES,NANCY D.BALTUTAT,JEFFREY R.BAKER,JOSEPH I.SCHMIT,JILL SHAFFER are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of , Vice President 7832 0-14) "For verification of the authenticity of the Power of Attorney you may call (515)345-2689." y � / 1< r , ENGINEER'S REPORT CITY OF IOWA CITY 410 East Washington Street Iowa City,Iowa 52240- 1826 (319)356-5000 August 9, 2016 (319)356-5009 FAX www.icgov.org City Clerk Iowa City, Iowa Re: Iowa City Fiber Infrastructure South Part 1 Duct Installation Dear City Clerk: I hereby certify that the construction of the Iowa City Fiber Infrastructure South Part 1 Duct Installation Project has been completed by Slabach Construction Company Inc. of Kalona, Iowa in substantial accordance with the plans and specifications prepared by Communications Infrastructure Services Group. The project was bid as a lump sum contract and was awarded for $184,968.00. The final contract price is $191,128.00. There was a total of one change or extra work order for the project as described below: 1. Duct added to both Napoleon Park concession area and $ 6,160.00 Kickers Soccer Park south concession area TOTAL $ 6,160.00 I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, P.E. City Engineer uts-1 b-i b 2d(5) Prepared by: Jason Havel, Public Works,410 E.Washington St., Iowa City, IA 52240(319)356-5140 RESOLUTION NO. 16-244 RESOLUTION ACCEPTING THE WORK FOR THE FIBER INFRASTRUCTURE - IOWA CITY SOUTH PART 1 - DUCT INSTALLATION PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of the Fiber Infrastructure - Iowa City South Part 1 - Duct Installation Project, as included in a contract between the City of Iowa City and Slabach Construction Company, Inc. of Kalona, Iowa, dated June 23, 2015, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the S. Wastewater Fiber Repair/Redundant Path account# 14722; and WHEREAS, the final contract price is $91,128.00. 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 16th day of August , 2016. M OR Approved by ATTEST: ,-� iu s� 5/C . `1a-c-s/ &Gl a��'-t-e-e �t chrel CITY'CLERK City Attorney's Office gird It was moved by Botchway and seconded by_ Thomas -the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x _ Botchway x Cole x Dickens X Mims x Taylor X Thomas x Throgmorton Pwenglmasterslacptwork.doc 8/16 INSERT PLANS HERE Fiber Infrastructure IC South Side Part 7