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HomeMy WebLinkAbout1980-05-20 Resolution/A RESOLUTION NO. 80-184 RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF SOUTH BRANCH DETENTION STRUCTURE WHEREAS, GEE GRADING &EXCAVATING has submitted the best bid for the construction of the above- named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to GEE GRADING & EXCAVATING awardee secure ade p subject to the condition that quate erformance bond and insurance certificates. It was moved by Neuhauser and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X— Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 20th day of May 19 80 . ATTEST: CITY CLERK MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES MAYOR Received $ Approved B al DeP4"=At 7448 FC 1 i Cf k Contract Forms FORM OFCONTRACT THIS AGREEMENT, made and entered into this 21 day of May 1980, by and between the City of Iowa City, Iowa _ ---------- --- party of the first part, hereinafter referred to as e thCid_____ and __—Gee Grading and Exc_a_vatin�-Inc_ party the second part, herei_-- nafter referred to as—the "Contractor, or," WITNESSETH: 20 I 26 28 30 31 32 33 36 That whereas aie _-------- has heretofore caused to be 41 prepared certain plans, specifications and proposal blanks, dated 42 Am the _}2LL„� day of —June 1979, for --South-Branch Detention_---___ nder4VI the ---- -- ---- -- - — --- 47 under the terms and ccnditions—therein fully stated and set 48 • forth, and Whereas, said plans, specifications and proposal accurately and fully describe the terms and conditions upon which the Contractor Is willing to perform the work specified: NOW, THEREFORE, IT IS AGREED: 1. That the City _ hereby accepts the proposal of the Contractor for the work and for the sums listed below: $460,111.00 FC - 1 7448 MICROFILMED BY JORM MICR�LAB CEDAR RAPIDS • DES MOINES 51 I 52 53 56 61 62 i Contract Forms FCRM OF CONTRACT 2. That this Contract consists of the following component 65 parts which are made a part of this agreement and Con- 66 tract as fully and absolutely as if they were set out 67 in detail in this Contract: 68 A. Bidding Requirements and Conditions of the Con- 71 tract, including: 72 1. Plans list. 75 2. Notice to Bidders. 76 3. Instructions to Bidders. 77 4. General Conditions, Part I and II. 78 5. special Conditions. 79 B. Specifications for South Branch Detention 82 Structure - Ralston Creek Stormwater Management 83 Project. C. Plans listed. 86 r. Addenda NUDbers 1,2,3_______. 90 j E. Contractor's Proposal. 93 F. This Instrument. 96 Above components are complementary and what is 99 called for by one shall be as binding as if called 100 for by all. 101 3. That payments are to be made to the Contractor in ac- 104 j cordance with and subject to the provisions embodied in 105 the documents made a part of this Contract. 106 4. That this Contract is executed in triplicate. 110 I FC - 2 7448 MICROFILMED j JORM MIC RLAB CEDAR RAPIDS • DESDIME5 Contract Forms FCRM OF CONTRACT IN WITNESS WHEREOF, the parties hereto have hereunto set their 113 hands and seals the date first Written above. 114 I I CITY OF IOWA CITY 117 / o -L��L=r.��=c'Zca•=z-1-(Seal) 119 (Title)�121 ATTEST: 123 125 � 127 Contractorr_.kt_fr dino b L&(:ayatingy_Lnc, 129 RY-__-___—__ (Seal) 131 J (Title) Attorney_In-fact ___—w-___ 133 ATTEST: �Q p- 135 137 (Title)_ LNota�ry,Linn CountlYr�M-__ 139 FC - 3 7448 MICROFILMED BY JORM MICR+LAB i CEDAR RAPIDS - DES MOINES I FORM OF BONI) KNOW ALL, Ml:N: That we GEE GRADING & EXCAVATIN INC.OF CEDAR RAPIDS, IOWA hereinafter coiled the Principal, and MERCHANTS MUTUAL BONDING COMPANY DES MOINES, IOWA and and hereinafter called the Surety or Sureties, are held and firmly bound unto THE CITY OF IOWA CITY, IOWA hereinafter called the Owner, in the sum of FOUR HUNDRED SIXTY THOUSAND ONE sRrnmnED ELEVEN AND NO/100 --- _460.11 111-00 for the payment whereof the Principal and the Surety or Sureties bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly, by these presents. WHEREAS, the Principal has, by means of a written Agreement dated May 21, 1980 entered into a contract with the Owner for CONSTRUCTION OF AN EARTH EMBANKMENT STORM WATER DETENTION STRUCTURE ON THE SOUTH BRANCH OF RALSTON CREEK which agreement includes a guarantee of all work against defective workmanship and materials for a period of one year from the date of final acceptance of the work by the obligee, a copy of which Agreement is by reference made a part hereof{ j Now Therefore, the condition of this Obligation is such that, if the Principal shall faithfully perform the Contract on his part and shall fully indemnify and save harmless the Owner from all cost and damage which he may suffer by reason of failure so to do and shell fully reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any such default. And further, that if the Principal shall pay all persons who have contracts directly with the Principal for labor or materials, failing which such persons shall have ■ direct right of action against the Principal and Surety under this Obligation, subject to the Owner's priority. Then this Obligation shall be null and void, otherwise it shall remain in full force and effect. _J i Provided, however, that no suit, action or proceeding by reason of any default whatever Shall be brought on this Bond after two years from the date of final acceptance of the work. Form 3803-1 F11.1 Formerly 216-1 7448 MICROFILMED BY JORM MICR+LAO CEDAR RAPIDS - DES MOINES U And Provided, that any alrrrminns which may he rnnAr in rhe mrnos of the Cr.ntrorm, or it, dmu ,,,it to he done under it, or the giving by the Owner of any extension of time for die performance of the Contra:,, or any other forbearance on the part of either the Owner or the Principal to the other shalt not in any way release the Principal and the Suretv or Sureties, or either or asap of them, their heirs, executors, administrators, successors or assigns from their liability hereunder, notice to the Surety or Sureties of any such alteration, extension or forbearance being hereby waived. And Further Provided, the Principal and Sureties on this bund hereby agree to pay all persons, firms, or corporations having contracts directly with the Principal or will, subcontractors all just claims due them for labor performed or material furnished, in the performance of the contract on account of which this bond is given, when the same are not satisfied out of the Portion of the contract price which the Owner shall retain until completion of the improvement but the Principal and Sureties shall not be liable to amid persons, firms, or corporations unless the claims of said claimants against said portions of the contract price shall have been established as provided by law. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent without notice: a. To the extension of time to the Principal in which to perform the contract. b. To changes in the plans, specifications, or contract, when such changes do not involve an increase of more than twenty percent of the total contract price, and shall then be released only as to such excess increase. e. That no provision of this bond or of any other contract shall he valid which limits to less then two years from thedare of final acceptance of the work the right to sue on this bond for defects in workman- ship or material not discovered or known to the obligee at the time such work was accepted. This Bond is executed in triplicate. Signed and Sealed this 21st- day of _ May —11980. In Present GEE GRADING & EXCAVATING, INC. --�/��e{��of % �/ t/—� w-4CG ) EY__LC_'N='1'_-_ : SEAL) IF ) as to Principal PRESIDENT (SEAL) ) as to Principal J Form 3803-1 Formerly 216-1 (SEAL) as to Surety s ) �� .NG COMpBNY / ) Z1Gp � — KCT (SEAL) as pto 1vu�ty T RNEY—IN—ia CT ) i FB -2 7448 141CROFILMED BY JORM MICR+LAB CEDAR RAPIDS v DES MOINES 9 MERCHANTS MUTUAL BONDING COMPANY DES MOINES, IOWA POWER OF ATTORNEY Know All Men By These Presents, that the MERCnten-rs sttrru.u. nUNDINr, COMPANY. a corporation duly orgpmieed under the laws of the State of Iowa, and having its principal office in the City of Des Moines. County of Polk. Stine of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint D.R. f4cCoy of Cedar Rapids and State of Iowa its true and lawful Attorney -in -Fact, with full power and authority hereby conferred in its mune, place and stead, to sign, esecute, acknowledge and deliver in its behalf as surely: Any or all bonds or undertakings, provided that no bond or undertaking executed under this authority shall exceed in amount the sum of FIVE HUNDRED THOUSAND ($500,000.00) DOLLARS. and to bind the MERCHANTS MUTUAL BONDING COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS MUTUAL BONDING COMPANY, and all the acts of said Attorney, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Law adopted by the Baud of Directors of the MERCHANTS, MUTUAL BONDING COMPANY. ARTICLE 2, SECTION SA. ='The Chariman of the Board or (resident or any Vice Resident or Secretary shall have power and authority to appoint Allomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, hon is and undertakings, reco®rizances, contracts of indemnity and other writings obligatory in the nature thereof." In Witness Whereof, MERCHANTS MUTUAL BONDING COMPANXhfpuscd these preseNs to hlelsigncd by its President 9 and Vice President, and its corporate seal to be hereto affixed, this Z / b day of Uri A.D., 19 Attest: At ERCI(ANTS MU'I"UAL BONDING COMPANY By 11n Pw,idry STATE. OF IOWA COUNTY OF POLK On This 27th day of A D r i 1 ,I'r ) 9, Mare me appeared W.W. Warner and William Warner, to me personally l.nown, who tieing by me duly sworn did say that they are Resident and Vice President respec. lively of the MERCHANTS MUTUAL BONDING COMPANY, the cmpnmtion described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Scat of the said Corporation anti that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed by Official Seal, ut the City of Des Moines, Iowa the day and year Bost above written. Zf '1,•, "r,, N k Nnrury PuAtic Puaa C ..ry ra., J .lona 10 WA to, c,,,nmurc-F-0r, 9-30-81 STATE OP IOWA R IA V ! IIor COUNTY 01: POLK I, William Warner. Vice Resident of the MERCHANTS MUTUAL DONDINC that the above and foregoing is a true and correct copy M the POWER OF MERCHANTS BONDING COMPANY, which is still in force and effect. In Witness Whereof, I have hereunto set my hand and afrixedayI the seal of the Company, :d ,,this 21st aof May 19. �0 Gz This power of,homey expires Until RevO-kRS1 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS n DES I401NES .1W NAME AND ADDRESS OF AGENCY COMPANIES AFFORDING COVERAGES Paul C..MCCoy & 00- I 2000 First Avenue NE DDt[rt[RPA"Y A Travelers `I Cedar Rapids, Iowa 52402 NAME AND ADDRESS OF AGENCY COMPANIES AFFORDING COVERAGES Paul C..MCCoy & 00- 2000 First Avenue NE DDt[rt[RPA"Y A Travelers Cedar Rapids, Iowa 52402 NY 6LIVER REH NAME AND ADDRESS OF INSURED A COMPANY J _ v ICTi❑I Gee Grading & Excavating, Inc. P.O. Box 1462 COMPANY D tiVER Cedar Rapids, Iowa 52406 COMPANY LEVER —ThJany nudg FS time Insurance ¢[larded byotm or hetpol cies dascribeduhere n Is Sohject to allthe document insunancihwAs th�certifieateemaylbe issued or maynamed.operta n, the of contract oraothelr terms, exclusions and conditions of such policies. Lim Ls o Liablllt In Thousan s ) RANCE POLICY NUMBER POLICY ExPIRATION DAT[ EACH OCCURRENCEA�tGENERIABILITY AGGREGATE sj�COMPRE 650-10OB774-5-IND-79 10-01-80PROPEHfY BooL INJURY s J��7 FORM S sPREMISERATIONSEXPLOD DAMAGE COLLAPSEHAZUNDERD HAZARDPRODUMPLETED BODILY INJURY AND $ 500 x500 t OPERATIONS EIAIARO L`J CONTRACTUAL INSURANCE PROPERTY DAMAGE COMBINED BROAD FORM PROPERTY y''I DAMAGE L�II INDEPENDENT CONTRACTORS X500 CJ PERSONAL INJURY PERSONAL INJURY BODILY INJURY s LIABILITY 650-10OB774-5-IND-79 10 -01 -BO IEACHPwsoNl BODILY INJURY $ A ��AIUITOMOBILE i`J COMPREHENSIVE ROHM (EACH ACCIDENT) CJ OWNED PROPERTY DAMAGE S HIRED BODILY INJURY AND s500 PROPERTY DAMAGE LU NON OWNED COMBINED EXCESS LIABILITY 10-01-80 BODILY INJURY AND s 1,000 51,000 A �7 Cf� UMBRELLA FOPId CUP-10OB775-7-79 PROPERTY DAMAGE Cl OTHER THAN UMBRELLA COMBINED FORM STATUTORY WORKERS' COMPENSATION and VO-UB -570B897-1-79 10'01-80 ,rr.��Accml A EMPLOYERS' LIABILITY RIPTION OF OPERATIONS/LOGATIONSNEHICLES South Branch Detention Structure, Ralston Creek, Iowa City, Iowa Is be le Com - Cancellation: Should apany y of the atbove o mail sCri ed Po' (written noUcEto there erbefilelowLnamed C rationrtl calterholder. buttheufai failure o mail such notice shall imposenoobligation or liability of any kind upon the company. NAMEANDADoRESSoFCEBIIIIWEIIOIOER DATE ISSUM, 05-21-80 The City of Iowa City Iowa City, Iowa 52240 Zs MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOVIES H /lp,wim MA h City of Iowa LY f EPAOIRANDVM Date: May 15, 1980 To: Neal Berlin and fanch ncil From: Dick Plastino Re: Bids for the South Detention Structure The base bid for the south detention structure includes all items that are necessary to fullete the dam. It includes total removal of at least one foot of soil from the entire area where the dam is to be located. It also provides for removing soil down to two feet below the existing ground surface if this is found necessary. Removal of up to two feet below existing ground surface is included in the base bid. The City does not expect to remove any more soil than this. The soils report states the following: "Site Preparation - All organic top soils in the dam area should be stripped prior to the construction of the embankment. Test borings indicate that approximately one foot of material will have to be removed; however, the actual amount can best be determined in the field by visual observation of the soil by qualified personnel as it is removed from the embankment area. After removal of these organic rif compactedied and to�in order provide a good base6" of the in situ �upon owhichuld ethe embankment soils may be compacted." Although we expect to remove only one foot of soil the basic specifications provide for removal of up to two feet as part of the base bid. Just in case bad materials are found below two feet, we put a bid price in so that the price would be agreed upon before construction starts. We do not expect to have overexcavation but we put in a price just in case we do. We have discussed the price listed by the low bidder ($14 per cubic yard) askedand have ers. The contractorreferre�excess ive of the d to pageh 0220-8 of e other specificationswhid which state the following; "Unit adjustment prices for excavation of unsuitable material include removal of material, placing backfill and compacting as specified, dewatering if required, sheeting, shoring and bracing, disposal of excess material as specified, and all other incidental work." Gee Grading feels that the most likely place for overexcavation will occur in the creek bottom. If this is correct, he feels the only way to remove the material will be by dragline. Since one of the other bidders had a unit price of $15 per cubic yard, it appears this line of thought was not unprecedented. j 4 /Ola MICROFILMED BY JORM MICR�/LAO CEDAR RAPIDS • DES M0111ES In summary, Public Works notes the following items and makes the following recommendation: I. The base bid price includes removal of up to two feet of ground under the entire area of the dam as part of the base bid. 2. The low bidder is $34,000 below the second low bidder. Even if some overexcavation would be required, over 2500 cubic yards of material could be removed and the low bidder would still cost less than the second low bidder. 3. The soils engineer's report indicates that the most likely course of action will be removal of less than two feet of natural material. This would seem to indicate that no use will be made of the unit adjustment price. 4. It appears the low bidder based his unit price on the most severe conditions possible, that is, removal of extremely wet material more than two feet below the creek bottom. 5. Rejection of the low bid for any but the most serious reason is immediate cause for litigation. Public Works does not feel that there is any irregularity in the prices submitted by the low bidder and we will not recommend that any consideration be given to any other bidder. 6. Public Works recommends award of the bid to Gee Grading & Excavating of Cedar Rapids. Construction of the south branch detention structure represents the first significant accomplishment on Ralston Creek since formation of a citizens' group in 1974. Construction of this dam also represents the first significant accomplishment in the entire history of Ralston Creek which spans over at least 50 years. Public Works strongly recommends that we proceed ahead with award of the bid to the low bidder. cc: Ralston Creek File k18D Bennet Reischauer bj3/7-8 141CROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES NOTICE TO BIDDERS Sealed proposals will be received by the City Clerk of the City of Iowa City at the Civic Center at 410 East Washington Street in Iowa City, Iowa until 10:00 a.m. on April 10, 1980, for work associated with the construction of an earth embankment storm water detention structure on the South Branch of Ralston Creek. At 10:00 a.m. on April 10, 1980, a representative'of the City will open the proposals received and announce the results. The extent of work to be done is as follows: construct an earth embankment containing approxi- mately 45,000 cubic yards of fill. Work includes a 42"x210' long corrugated metal culvert, an 18"x220' long ductile iron pipe, approximately 51,000 square feet of gabion slope protection and miscellaneous associated work. All work is to be done in strict compliance with plans and specifications prepared by Stanley Consultants, Inc., Consulting Engineer of Muscatine, Iowa. Said plans and specifications are on file for public examination at the offices of the Engineer in Muscatine and the City Clerk in Iowa City. Prospective bidders may obtain plans and specifications from Stanley Consultants, Inc., Muscatine, Iowa, and the City Engineer of Iowa City upon payment of $15 per set. A refund paid up to a maximum amount of $15 will be made to bona fide bidders, for the base set only, who submit a complete proposal in their own name to the City, provided the plans and specifications are returned with the proposal. Each proposal shall be made on a form contained in the specifications and must be accompanied by an acceptable bidder's bond or a check drawn on and certified to by a bank in Iowa, and filed in a sealed envelope separate from the one containing the proposal, and in an amount not less than five percent of the amount of the proposal, made payable to the City Treasurer of the City of Iowa City, Iowa, and may be enforced to cashed by the City as liquidated damages in the event the successful bidder fails to enter into h contract and file an acceptable bond satisfactory to the City assuring the faithful fulfillment of the Contract and maintenance of said improvements as required by law within ten days after the acceptance of his proposal. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES The successful bidder will be required to furnish a bond in an amount equal to one hundred percent of the contract price, said bond to be issued by a responsible surety approved by the City and shall guarantee the faithful performance of the contract and the terms and conditions therein contained and the maintenance of said improvements in good repair for not less than one year from the time of acceptance of the improve- ments by the City. The following limitations shall apply to this project: Completion Date 180 calendar da s Liquidated Damages per ca endar day The City reserves the right to reject any and all bids, and to waive informalities and techni- calities and to enter into such contract as it shall deem for the best interest of said City. Published upon order of the City Council of Iowa City, Iowa. �tolfus . Ab ie Stolfus City Clerk City of Iowa City, Iowa MICROFILMED BY JORM MICR�LAO CEDAR RAPIDS • DES MOINES r h I The successful bidder will be required to furnish a bond in an amount equal to one hundred percent of the contract price, said bond to be issued by a responsible surety approved by the City and shall guarantee the faithful performance of the contract and the terms and conditions therein contained and the maintenance of said improvements in good repair for not less than one year from the time of acceptance of the improve- ments by the City. The following limitations shall apply to this project: Completion Date 180 calendar da s Liquidated Damages per ca endar day The City reserves the right to reject any and all bids, and to waive informalities and techni- calities and to enter into such contract as it shall deem for the best interest of said City. Published upon order of the City Council of Iowa City, Iowa. �tolfus . Ab ie Stolfus City Clerk City of Iowa City, Iowa MICROFILMED BY JORM MICR�LAO CEDAR RAPIDS • DES MOINES a RESOLUTION NO. 80-185 RESOLUTION AUTHORIZING THE CITY OF IOWA CITY, IOWA TO ALLOW FOR THE CONVERSION OF A REHAB I LOAN TO A FORGIVABLE LOAN UNDER THE HOUSING REHABILITATION PROGRAM. WHEREAS, The City of Iowa City is empowered pursuant to Chapter 403, Code of Iowa (1975), to formulate a program for utilizing appropriate private and public resources to eliminate slums and prevent the development or spread of urban blight and to encourage urban rehabilitation, and WHEREAS, the City Council has budgeted Community Development Block Grant funds to engage in a Housing Rehabilitation program, and WHEREAS, part of said program involves forgivable loans, as a method of financing property rehabiliation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the City Council has approved the above program and methods of financing and authorizes its implementation as outlined in the Housing Rehabilitation Forgivable Loan Program. It was moved by Erdahl and seconded by Roberts that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 20th day of May 1980. 4QYOR ATTEST: CITY i fs ie )i o ii j CLERK Received Legs DPProved BY The /zav sPadniem a �d 11111/111 MED BY DORM MIC R(LAB CEDAR RAPIDS • DES MOINES 0 1 GENERAL��n�ivAtlLE LOAN This chapter establishes procedures and criteria to conversion of a Rehab I loan to a forgivable loan in cases of financial hardship, allow for the 2• CONDNS To be considered for a conversion the applicant must be in compliance with the following criteria: A• Be a recipient of a Rehab I Loan. B. Due to incompacitiating illness or death of one of the borrowers of a Rehab I Loan, the applicant/borrower has suffered a decrease in income such that payments on the Rehab I loan cannot be made. C• Is now eligible on the income and assets limitations as established in chapter four of the Forgivable Loan Program. 3• LIMITATIONS ON THE AMOUNT OF FORGIVABLE LOAN The amount of a Forgivable Loan that an a limited to the balance remaining on the Rehab I1Loan. may receive shall be 4. TERMS AND CONDITIONS The staff shall prepare forgivable loan application forms verifications and research as required, and prepare a accord with Chapter 5 of this manual. The applicationconduct such documentation shall bePromissory note in statement ion shat presented to the Housing and supporting causing the financialthardsh°me and g C°mmission along with a asset changes that have taken place loan. P and request for conversion to a forgivable The Housing Commission shall act on the staff recommendations b y either approving or rejecting a request for conversion. A• The conversion, if approved by the Housing Commission, shall be in such manner that the Rehab I loan is converted to a forgivable loan With all income made conversion. assets, terms and notes computed to of the date of B• Requests for conversion disapproved by the Housing Commission shall be recorded in the City Rehabilitation records. Applicants for whom a conversion has been denied may 1 Council in writing, y ) appeal the denial to the City g, 2) reapply for consideration of a conversion when eligmbilitysfor conversion afactors affecting g ability to pay make C. All requirements regarding income, assets, limitations conditions and administrative procedures for forgivable loans shall be in accord with this Manual. terms and MICROFILMED BY JORM MICR jLA8 CEDAR RAPIDS DES MOIIIES