HomeMy WebLinkAbout2023-2025 SEEDING: DUBUQUE ST, MCCOLLISTER BLVD, & LANDFILL PROJECT2023-2025 SEEDING:
DUBUQUE ST, MCCOLLISTER BLVD, & LANDFILL PROJECT
06-June-2023 Project manual, plans & specs, Engineer's estimate
06-June-2023 Res No. 23-166: Setting a Public Hearing on 6/20/23
20-June-2023 Res No. 23-186: Approving Project Manual and Estimate of Cost
22-June-2023 Notice to Bidders
11-July-2023 Res No. 23-192: Awarding Contract
04-Aug-2023 Performance, Payment & Maintenance Bond
10-Nov-2025 Engineer's report
18-Nov-2025 Res No. 25-268: Accepting the work
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CITY OF IOWA CITY
UNESCO CITY OF LITERATURE
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
PROJECT MANUAL
FOR THE
FORMAL
2023-25 SEEDING - DUBUQUE ST., MCCOLLISTER BLVD., &
LANDFILL PROJECT
IOWA CITY, IOWA
JUNE 69 2023
0005
CERTIFICATIONS PAGE
I hereby certify that this engineering document was
prepared by me or under my direct personal supervision
„tuwamrifthN/ and t t I am a duly licensed Professional Engineer
�OFESS /pti'��.,, un e e laws pf the State of Iowa.
JOSEPH S. 'Yoslph B. Welter Date
WELTER z
19255 License Number: 19255
My license renewal date is December 31, 20 24
j W�- r.�Pages or sheets covered by this seal:
#1 11 N Entire Bound Document
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2023-25 Seeding - Dubuque St., Mccollister Blvd., & Landfill Project 0005 - Page 1 of 1
0010
TABLE OF CONTENTS
PROJECT MANUAL
0005 CERTIFICATIONS PAGE
0010 TABLE OF CONTENTS
0100 NOTICE TO BIDDERS
0110 NOTICE OF PUBLIC HEARING
0200 INSTRUCTIONS TO BIDDERS
0400 PROPOSAL
0405 BIDDER STATUS FORM
0500 CONTRACT
0510 PERFORMANCE, PAYMENT, AND MAINTENANCE BOND
0520 CONTRACT COMPLIANCE
0530 WAGE THEFT POLICY
SUDAS STANDARD SPECIFICATIONS
GENERAL SUPPLEMENTAL SPECIFICATIONS
SUPPLEMENTAL SPECIFICATIONS
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SPECIAL PROVISIONS{--
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2023-25 Seeding - Dubuque St., Mccollister Blvd., & Landfill Project 0010 — Page 1 of 1
0100
NOTICE TO BIDDERS
2023-25 SEEDING - DUBUQUE ST., MCCOLLISTER BLVp;; &-A1NDFILL
PROJECT j
Sealed proposals will be received by the City Clerk of the City of Iowa City; -Iowa; until 3 P.M. on
the 5th day of July, 2023 Sealed proposals will be opened immediately thereafter. Bids submitted
by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals
received after this deadline will be returned to the bidder unopened.
Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat
Hall at 6:00 P.M. on the 111h day of July, 2023, or at special meeting called for that purpose.
The Project will involve the following:
Soil quality restoration and overseeding of the parkways along Dubuque Street and McCollister
Boulevard. Treatment of parkways along Dubuque Street and McCollister Boulevard for two full
seasons is included. Seeding of designated areas of the Iowa City Landfill and Recycling Center
is included.
All work is to be done in strict compliance with the Project Manual prepared by Joseph Welter, of
Iowa City, Iowa, which has heretofore been approved by the City Council, and are on file for public
examination in the Office of the City Clerk.
Each proposal shall be completed on a form furnished by the City and must be submitted in a
sealed envelope. In addition, a separate sealed envelope shall be submitted containing a
completed Bidder Status Form and a bid security executed by a corporation authorized to contract
as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made
payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the
City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10)
calendar days of the City Council's award of the contract and post bond satisfactory to the City
(in the form shown in Section 0510) ensuring the faithful performance of the contract and
maintenance of said Project, if required, pursuant to the provisions of this notice and the other
contract documents. The City shall retain the bid security furnished by the successful bidder until
the approved contract has been executed, the required Performance, Payment, and Maintenance
Bond (as shown in Section 0510) has been filed by the bidder guaranteeing the performance of
the contract, and the contract and security have been approved by the City. The City shall
promptly return the checks or bidder's bonds of unsuccessful bidders to the bidders as soon as
the successful bidder is determined or within thirty days, whichever is sooner.
The successful bidder will be required to furnish a Performance, Payment, and Maintenance Bond
in an amount equal to one hundred percent (100%) of the contract price and in the form shown in
Section 0510, said bond to be issued by a responsible surety approved by the City, and shall
guarantee the prompt payment of all materials and labor, and also protect and save harmless the
City from all claims and damages of any kind caused directly or indirectly by the operation of the
contract, and shall also guarantee the maintenance of the improvement for a period of two (2)
year(s) from and after its completion and formal acceptance by the City Council.
2023-25 Seeding - Dubuque St., Mccollister Blvd., & Landfill Project 0100 — Page 1 of 2
The following limitations shall apply to this Project:
Specified Start Date: 14 August 2023 _
Substantial Completion Date: 31 October 2025 ss
Final Completion Date: 1 December 2025 �3
Liquidated Damages: $100 per day U —6 P11
The bid items listed in Section 0400 — Proposal shall be completed by those dates listed
within the time frame stated in the contract documents. All of the bid 'Items` shall be
completed by the Substantial Completion Date.
The Project Manual may be examined at the office of the City Clerk. Copies thereof and blank
forms may be secured at the office of Technigraphics, a division of Rapids Reproductions located
at 415 Highland Ave, Suite 100, Iowa City, Iowa 52240, Phone: (319) 354-5950, Fax: (319) 354-
8973, Toll -Free: (800) 779-0093.
Prospective bidders are advised that the City of Iowa City desires to employ minority contractors
and subcontractors on City projects. A listing of minority contractors can be obtained from the
Iowa Department of Inspections and Appeals at (515) 281-5796 and the Iowa Department of
Transportation Contracts Office at (515) 239-1422.
Bidders shall list on the Proposal the names of persons, firms, companies or other parties with
whom the bidder intends to subcontract. This list shall include the type of work and approximate
subcontract amount(s).
The Contractor awarded the contract shall list on the Contract its subcontractors, together with
quantities, unit prices and extended dollar amounts.
By virtue of statutory authority, preference must be given to products and provisions grown and
coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required
under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project.
The City reserves the right to reject any or all proposals, and also reserves the right to waive
technicalities and irregularities.
Posted upon order of the City Council of Iowa City, Iowa.
KELLIE FRUEHLING, CITY CLERK
2023-25 Seeding - Dubuque St., Mccollister Blvd., & Landfill Project 0100 — Page 2 of 2
0110
NOTICE OF PUBLIC HEARING
NOTICE OF PUBLIC HEARING ON PROJECT MANUAL
AND ESTIMATED COST FOR THE 2023-25 SEEDING -
DUBUQUE ST., MCCOLLISTER BLVD., & LANDFILL
PROJECT IN THE CITY OF IOWA CITY, IOWA
TO ALL TAXPAYERS OF THE CITY OF IOWA CITY,
IOWA, AND TO OTHER INTERESTED PERSONS:
Public notice is hereby given that the City Council of the
City of Iowa City, Iowa, will conduct a public hearing on the
Project Manual, including the plans, specifications, contract,
and estimated cost for the construction of the 2023-25
Seeding - Dubuque St., McCollister Blvd., & Landfill in said
city at 6 p.m. on the 2011 day of June, 2023, said meeting to
be held in the Emma J. Harvat Hall in the City Hall, 410 East
Washington Street in said city, or if said meeting is
cancelled, at the next meeting of the City Council thereafter
as posted by the City Clerk.
This project includes soil quality restoration and
overseeding of the parkways along Dubuque Street and
McCollister Boulevard. Treatment of parkways along
Dubuque Street and McCollister Boulevard for two full
seasons is included. Seeding of designated areas of the
Iowa City Landfill and Recycling Center is included.
Said Project Manual and estimated cost are now on file
in the office of the City Clerk in the City Hall in Iowa City,
Iowa, and may be inspected by any interested persons.
Any interested persons may appear at said meeting of
the City Council for the purpose of making objections to and
comments concerning said Project Manual or the cost of
making said improvement.
This notice is given by order of the City Council of
the City of Iowa City, Iowa and as provided by law.
Kellie K. Fruehling, City Clerk
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2023-25 Seeding - Dubuque St., Mccollister Blvd., & Landfill Project 0110 — Page 1 of 1
0200
INSTRUCTIONS TO BIDDERS
2023-25 SEEDING - DUBUQUE ST., MCCOLLISTER BLVD., & LANDFILL
PROJECT
Optional Pre -Bid Meeting:
a. Not Applicable
2. Bid Submittals:
a. Time, Date and Location:
5 July 2023 and 3:00 P.M.
City Clerk's Office
410 East Washington Street
Iowa City, Iowa 52240
b. Submittals include two separate sealed envelopes:
Envelope 1: Bid Security and Bidder Status Form
Envelope 2: Proposal
C. See Section 1020, as may be supplemented, for complete descriptions of proposal
requirements and conditions.
3. Bidder Status:
a. Use the Bidder Status Form included in Section 0405.
b. Submit in accordance with 0200.2.15 above.
C. See Section 0405 for the Worksheet: Authorized to Transact Business and 875
Iowa Administrative Code Chapter 156 (73A), found at the following website:
https://www.legis.iowa.gov/docs/iac/chapter/08-15-2018.875.156.pdf, for
assistance in completing the form.
4. Bid Security:
a. Use the Bid Bond Form included in Section 0410.
b. Submit in accordance with 0200.2.15 above.
C. Bid security is 10% of the total bid, including all added alternates (do nct deduct
the amount of deducted alternates).
d. See Section 1020, as may be supplemented, for a complete description, of the bid
security requirements.
5. Progress and Schedule: -�
a. Contract Times:
Specified Start Date: 14 August 2023-
Substantial Completion Date: 31 October 2025
Final Completion Date: 1 December 2025
Liquidated Damages: $100 per day
The bid items listed in Section 0400 — Proposal shall be completed by those
dates listed within the time frame stated in the contract documents. All of
the bid items shall be completed by the Substantial Completion Date.
b. Work Restrictions:
i. No work shall be done between 10:00 pm and 7:00 am without the approval
of the Engineer, with the exception of saw cutting freshly poured concrete.
2023-25 Seeding - Dubuque St., Mccollister Blvd., & Landfill Project 0200 — Page 1 of 3
ii. Notify the Engineer four days in advance of street closings so that a press
release can be issued. No street may be closed without the Engineer's
approval and said notification.
C. Community Events:
i. The Contractor should look at community calendars to determine potential
conflicts with planned construction activities and schedule.
ii. The Contractor should make sure their activities are not impacting
community events.
iii. No work shall occur on or immediately before the University of Iowa Home
Football game days.
6. Performance, Payment and Maintenance Bond:
a. The successful bidder will be required to furnish a bond in an amount equal to one
hundred percent (100%) of the contract price for a period of two (2) year(s) after
its completion and formal acceptance by the City Council.
b. Use the Performance, Payment, and Maintenance Bond Form included in Section
0510.
C. See Section 1070, Part 3, as may be supplemented, for a complete description of
the bonding requirements.
7. Insurance Requirements:
a. The City of Iowa City is to be listed on the required insurance certificate, as an
additional insured on a primary and non-contributory basis. Review this
requirement with your insurance broker prior to bidding.
b. See Section 1070, Part 3, as may be supplemented, for a complete description of
the insurance requirements.
8. Taxes:
a. Sales Tax Exemption Certificates will be issued according to Section 1020, 1.08
of the Supplemental Specifications.
9. Contract Compliance:
a. For all contracts of $25,000 or more, the successful bidder shall abide by the
requirements of the City's Contract Compliance Program, as described in the
Section 0520.
10. Wage Theft Policy:
a. For all contracts of $25,000 or more, the successful bidder shall abide by the
requirements of the City's Wage Theft Policy, as described in Section Q 0.
11. References:
a. The successful bidder and all of its subcontractors are required -to submit at least
four (4) days prior to award three (3) references involving similar projects, including
at least one municipal reference. Award of the bid or use of specific subd6btractors
may be denied if sufficient favorable references are not verified or based on past
experience on projects with the City of Iowa City.
b. References shall be addressed to the City Engineer and include the name,=address
and phone number of the contact person, for City verification.
12. Contract Documentation:
a. The Contractor must demonstrate an active subscription to Doc Express (program
by Info Tech, Inc.) is maintained. Doc Express will be used to process
2023-25 Seeding - Dubuque St., Mccollister Blvd., & Landfill Project 0200 — Page 2 of 3
r
documentation, including, but not limited to, contract documents, change orders,
shop drawings, certificates, equipment lists, progress payments, and other
electronic submittals.
Record documentation is required on all projects in accordance with Section 1090,
1.08.E of the Supplemental Specifications. Liquidated damages will be considered
if adequate record documentation is not submitted by the Final Completion Date.
a
2023-25 Seeding - Dubuque St., Mccollister Blvd., & Landfill Project 0200 — Page 3 of 3
INSERT IN ENVELOPE 2
0400
PROPOSAL
2023-25 SEEDING - DUBUQUE ST., MCCOLLISTER BLVD., & LANDFILL
PROJECT
CITY OF IOWA CITY
Please DO NOT USE the proposal included in the bound volume of the specifications. Separate
copies of this form are contained with this document.
The following documents must be submitted as printed. No alterations, additions, or deletions
are allowed. If the Bidder notes a requirement in the contract documents that the Bidder believes
will require a conditioned or unsolicited alternate bid, the Bidder must immediately notify the
Engineer in writing. The Engineer will issue any necessary interpretation by an addendum.
Name of Bidder:
Address of Bidder:
TO: City Clerk
City of Iowa City
City Hall
410 East Washington Street
Iowa City, Iowa 52240
The undersigned bidder submits herewith bid security in the amount of
$ , in accordance with the terms set forth in the Project Manual.
The undersigned bidder, having examined and determined the scope of the Contract,
hereby proposes to provide the required labor, services, materials and equipment and to perform
the Project as described in the Project Manual, including Addenda and
, and to do all work at the prices set forth herein.
The undersigned bidder further proposes to do all "Extra Work" which may be required to
complete the work contemplated, at unit prices or lump sums to be agreed upon in writing prior to
starting such work.
The undersigned bidder certifies that this proposal is made in good faith, and without
collusion or connection with any other person or persons bidding on the work.
The undersigned bidder states that this proposal is made in conformity with the Contract
and agrees that, in the event of any discrepancies or differences between the various items
included in the Contract, Supplemental Specification Section 1040, 1.03 shall govern,, --
CD
1771,
2023-25 Seeding - Dubuque St., Mccollister Blvd., & Landfill Project 0400 — Page 1 of 4
INSERT IN ENVELOPE 2
BID
ESTIMATED UNIT EXTENDED
ITEM
DESCRIPTION
UNITS
QUANTITY PRICE AMOUNT
2010-D-3:
1
Off -site Topsoil
CY
75.0
9010-A:
Conventional
Seeding, Mulching,
and Fertilizer
(SODAS Type 2
2
Mixture)
AC
18.7
9010-A-2:
Fertilizing, Full
3
Season Application
AC
15.6
9010-C:
Seeding, Fertilizing,
and Mulching for
Pneumatic Seeding
(Overseeding,
SUDAS Type 1
4
Mixture)
AC
7.8
5
9010-D: Watering
MGAL
1,200.0
6
9010-E: Warranty
LS
1
9010-F:
Soil Quality
7
Restoration
AC
7.8
8030-A:
Temporary Traffic
8
Control
LS
1
11020-A:
9
Mobilization
LS
1
TOTAL EXTENDED AMOUNT = $
The Bidder may submit computer -generated unit price table in accordance with the Special
Provisions.
1. 4
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2023-25 Seeding - Dubuque St., Mccollister Blvd., & Landfill Project 0400 -Page 2 of 4
INSERT IN ENVELOPE 2
The names of those persons, firms, companies or other parties with whom we intend to enter into
a subcontract, together with the type of subcontracted work and approximate dollar amount of the
subcontract, are as follows:
NOTE: All subcontractors are subject to approval by City of Iowa City.
2023-25 Seeding - Dubuque St., Mccollister Blvd., & Landfill Project 0400 — Page 3 of 4
INSERT IN ENVELOPE 2
The undersigned Bidder is a/an:
❑ Individual, Sole Proprietorship
❑ Partnership
❑ Corporation
❑ Limited Liability Company
❑ Joint venture
❑ Other
Its Public Registration Number issued by the Iowa Commissioner of Labor, pursuant to Section
91 C.5 of the Iowa Code is:
Failure to provide said Registration Number shall result in the bid being read under advisement.
A contract will not be executed until the Contractor is registered to do business in the State of
Iowa.
Bidder's Name
Signature
Printed Name
Title
Street Address
City, State, Zip Code
Telephone Number
4�4
c�
NOTE: The signature on this proposal must be an original signature in ink; copies, facsimiles, or
electronic signatures will not be accepted.
2023-25 Seeding - Dubuque St., Mccollister Blvd., & Landfill Project 0400 — Page 4 of 4
INSERT IN ENVELOPE 1
0405
BIDDER STATUS FORM
All bidders must submit the following completed form to the governmental body requesting bids per 875 Iowa Administrative Code Chapter 156.
To be completed by all bidders Part A
❑ Yes ❑ No My company is authorized to transact business in Iowa.
(To help you determine if your company is authorized, please review the Worksheets Authorization to Transact Business).
❑ Yes ❑ No My company has an office to transact business in Iowa.
❑ Yes ❑ No My company's office in Iowa is suitable for more than receiving mail, telephone calls, and e-mail.
❑ Yes ❑ No My company has been conducting business in Iowa for at least 3 years prior to the first request for bids on this
project.
❑ Yes ❑ No My company is not a subsidiary of another business entity or my company is a subsidiary of another business
entity that would qualify as a resident bidder in Iowa.
If you answered "Yes" for each question above, your company qualifies as a resident bidder. Please complete
Parts B and D of this form.
If you answered "No" to one or more questions above, your company is a non-resident bidder. Please
complete Parts C and D of this form.
To be completed by resident bidders Part B
Dates: to Address:
(mm/dd/yyyy) City, State, Zip Code:
Dates: to Address:
(mm/dd/yyyy) City, State, Zip Code:
Dates: to Address:
(mm/dd/yyyy) City, State, Zip Code:
You may attach additional sheet(s) if needed.
To be completed by non-resident bidders Part C
1. Name of home state or foreign country reported to the Iowa Secretary of State:
2. Does your company's home state or foreign country offer preference to bidders who are residents? ] Yes ❑ No
3. If you answered "Yes" to question 2, identify each preference offered by your company's home state �oreigri'Pi#untry and the
appropriate legal citation.
You may attach additional sheet(s) if needed. p
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:
2023-25 Seeding - Dubuque St., Mccollister Blvd., & Landfill Project 0405 — Page 1 of 2
INSERT IN ENVELOPE 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:Jhe certificate has not
been revoked or canceled.
2023-25 Seeding - Dubuque St., Mccollister Blvd., & Landfill Project 0405 — Page 2 of 2
INSERT IN ENVELOPE 1
0410
BID BOND FORM
2023-25 SEEDING - DUBUQUE ST., MCCOLLISTER BLVD., & LANDFILL
PROJECT
CITY OF IOWA CITY
, as Principal, and ,
as Surety declare that we are held and are firmly bound unto the City of Iowa City, Iowa,
hereinafter called "OWNER," in the amount of to
pay said sum as herein provided. We as Principal and Surety further promise and declare that
these obligations shall bind our heirs, executors, administrators, and successors jointly and
severally. This obligation is conditioned on the Principal submission of the accompanying bid,
dated for 2023-25 Seeding - Dubuque St., McCollister Blvd., & Landfill
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 security for the
Principal's faithful performance of said Project, and for the payment of all persons
performing labor or furnishing materials in connection therewith, and shall in all
other respects perform the Project, as agreed to by the City's acceptance of said
Bid,
then this obligation shall be void. Otherwise this obligation shall remain in full force and effect,
provided that the liability of the Surety for any and all claims hereunder shall, in no event, exceed
the amount of the obligation stated herein.
By virtue of statutory authority, the full amount of this bid security shall be forfeited to the
Owner in the event that the Principal fails to execute the contract and provide the security, as
provided in the Project Manual or as required by law.
The Surety, for value received, hereby stipulates and agrees that the obligations of said
Surety and its security shall in no way be impaired or affected by any extension of the time within
which the Owner may accept such Bid or may execute such contract documents, and said Surety
does hereby waive notice of any such time extension.
The Principal and the Surety hereto execute this bid security this
of , A.D., 20_
Witness
Witness
day
a
(Seal)
Principal
By: = (Title)
(Seal)
Surety
By.
(Attorney -in -fact)
Attach Power -of -Attorney, if applicable
2023-25 Seeding - Dubuque St., Mccollister Blvd., & Landfill Project 0410 — Page 1 of 1
0500
CONTRACT
2023-25 SEEDING - DUBUQUE ST., MCCOLLISTER BLVD., & LANDFILL
PROJECT
CITY OF IOWA CITY
This Contract is made and entered into by and between the City of Iowa City, Iowa ("City"),
and ("Contractor").
Whereas, the City has prepared certain Plans, Specifications, Proposal and Contract
dated the 6th day of June, 2023, for the 2023-25 Seeding - Dubuque St., McCollister Blvd., &
Landfill ("Project"), and
Whereas, the City publicly solicited bids for construction of said Project; and
Whereas, Contractor submitted a bid on the Project described in said Project Manual; and
Whereas, the parties hereto now wish to enter into this Contract for the construction of
said Project.
Now, therefore, it is agreed:
1. The Contractor hereby agrees to perform the Project for the sums listed in its
Proposal including the total extended amount of $
which sums are incorporated herein by this reference.
2. This Contract consists of the Contract Documents, as defined in the Section 1010,
1.03, and the following additional component parts which are incorporated herein
by reference:
a. Contractor's Completed Bidder Status Form; attached hereto; and
b. Contractor's Completed Contract Compliance Program (Anti -
Discrimination Requirements) Assurance, if applicable, pursuant to Section
0200, attached hereto; and
C. Contractor's Completed Wage Theft Affidavit, if applicable, pursuant to
Section 0200, attached hereto.
The above components are deemed complementary and what is called,,fpr by-gne shall,
be as binding as if called for by all. n-:..
2023-25 Seeding - Dubuque St., Mccollister Blvd., & Landfill Project 0500 — Page 1 of 2
3
The names of those persons, firms, companies or other parties, acknowledged by
the City, 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 (or shown on an attachment):
DATED this day of , 20
(The City of Iowa City will date this Contract after all signatures are obtained)
Cit Contractor
BY: BY:
Signature of City Official Signature of Contractor Officer
Bv:
Printed Name of City Official
ATTEST:
City Clerk (for Formal Projects only)
APPROVED BY:
City Attorney's Office
Printed Name of Contractor Officer
Title of Contractor Officer
ATTEST:
By:
(Company Official)
all
2023-25 Seeding - Dubuque St., Mccollister Blvd., & Landfill Project
Page"2 of 2
)M11
PERFORMANCE, PAYMENT, AND MAINTENANCE BOND
2023-25 SEEDING - DUBUQUE ST., MCCOLLISTER BLVD., & LANDFILL
PROJECT
CITY OF IOWA CITY
c_
Know All by These Presents:
That we, asL3rincipal
(hereinafter the "Contractor" or "Principal") and ,
as Surety are held and firmly bound unto City of Iowa City, Iowa, as Obligee (hereinafter referred
to as "the Jurisdiction"), and to all persons who may be injured by any breach of any of the
conditions of this Bond in the penal sum of
dollars ($ ), lawful money of the United States, for the payment of which
sum, well and truly to be made, we bind ourselves, our heirs, legal representatives and assigns,
jointly or severally, firmly by these presents.
The conditions of the above obligations are such that whereas said Contractor entered into a
contract with the Jurisdiction, bearing date the day of ,
, (hereinafter the "Contract") wherein said Contractor undertakes and agrees to
construct the following described improvements:
Soil quality restoration and overseeding of the parkways along Dubuque Street and McCollister
Boulevard. Treatment of parkways along Dubuque Street and McCollister Boulevard for two full
seasons is included. Seeding of designated areas of the Iowa City Landfill and Recycling Center
is included.
To faithfully perform all the terms and requirements of said Contract within the time therein
specified, in a good and workmanlike manner, and in accordance with the Contract Documents.
It is expressly understood and agreed by the Contractor and Surety in this bond that the following
provisions are a part of this Bond and are binding upon said Contractor and Surety, to -wit:
Performance: The Contractor shall well and faithfully observe, perform, fulfill, and abide
by each and every covenant, condition, and part of said Contract, by reference made a
part hereof, for the above referenced improvements, and shall indemnify and save
harmless the Jurisdiction from all outlay and expense incurred by the Jurisdiction by
reason of the Contractor's default of failure to perform as required. The Contractor shall
also be responsible for the default or failure to perform as required under the Contract and
Contract Documents by all its subcontractors, suppliers, agents, or employees furnishing
materials or providing labor in the performance of the Contract.
2. Payment: The Contractor and the Surety on this Bond hereby agreed to pay all just claims
submitted by persons, firms, subcontractors, and corporations furnishing materials for or
performing labor in the performance of the Contract on account of which this Bond is given,
including but not limited to claims for all amounts due for labor, materials, lubricants, oil,
gasoline, repairs on machinery, equipment, and tools, consumed or used by the Contractor
2023-25 Seeding - Dubuque St., Mccollister Blvd., & Landfill Project 0510 — Page 1 of 4
or any subcontractor, wherein the same are not satisfied out of the portion of the contract
price the Jurisdiction is required to retain until completion of the improvement, but the
Contractor and Surety shall not be liable to said persons, firms, or corporations unless the
claims of said claimants against said portion of the contract price shall have been
established as provided by law. The Contractor and Surety hereby bind themselves to the
obligations and conditions set forth in Chapter 573 of the Iowa Code, which by this
reference is made a part hereof as though fully set out herein.
3. Maintenance: The Contractor and the Surety on this Bond hereby agree, at their own
expense:
A. To remedy any and all defects that may develop in or result from work to be
performed under the Contract within the period of two year(s) (2) from the date of
acceptance of the work under the Contract, by reason of defects in workmanship
or materials used in construction of said work;
B. To keep all work in continuous good repair; and
C. To pay the Jurisdiction's reasonable costs of monitoring and inspection to assure
that any defects are remedied, and to repay the Jurisdiction all outlay and expense
incurred as a result of Contractor's and Surety's failure to remedy any defect as
required by this section.
4. General: Every Surety on this Bond shall be deemed and held bound, any contract to the
contrary notwithstanding, to the following provisions:
A. To consent without notice to any extension of time to the Contractor in which to
perform the Contract;
B. To consent without notice to any change in the Contract or Contract Documents,
which thereby increases the total contract price and the penal sum of this bond,
provided that all such changes do not, in the aggregate, involve an increase of
more than 20% of the total contract price, and that this bond shall then be released
as to such excess increase; and
C. To consent without notice that this Bond shall remain in full force and effect until
the Contract is completed, whether completed within the specified contract period,
within an extension thereof, or within a period of time after the contract period has
elapsed and the liquidated damage penalty is being charged against the
Contractor.
D. That no provision of this Bond or of any other contract shall be valid that limits to
less than two year(s) (2) after the acceptance of the work under the Contract the
right to sue on this Bond.
E. That as used herein, the phrase "all outlay and expense" is not to be limited in any
way, but shall include the actual and reasonable costs and expenses incurred by
the Jurisdiction including interest, benefits, and overhead where applicable.
Accordingly, "all outlay and expense" would include but not be limited to all contract
or employee expense, all equipment usage or rental, materials, testing, outside
experts, attorneys fees (including overhead expenses of the Jurisdiction's staff
attorneys), and all costs and expenses of litigation as they are incurred by the
Jurisdiction. It is intended the Contractor and Surety will defend and indemnify the
Jurisdiction on all claims made against the Jurisdiction on account of Cntractor's
failure to perform as required in the Contract and Contract Documents, that all
agreements and promises set forth in the Contract and Contract Documents; in
approved change orders, and in this Bond will be fulfilled, and that the Jurisdiction
will be fully indemnified so that it will be put into the position it would hWe been in
had the Contract been performed in the first instance as required.
2023-25 Seeding - Dubuque St., Mccollister Blvd., & Landfill Project 0510 — Rage 2 of 4
In the event the Jurisdiction incurs any "outlay and expense" in defending itself against
any claim as to which the Contractor or Surety should have provided the defense, or in the
enforcement of the promises given by the Contractor in the Contract, Contract Documents,
or approved change orders, or in the enforcement of the promises given by the Contractor
and Surety in this Bond, the Contractor and Surety agree that they will make the
Jurisdiction whole for all such outlay and expense, provided that the Surety's obligation
under this bond shall not exceed 125% of the penal sum of this bond.
In the event that any actions or proceedings are initiated regarding this Bond, the parties
agree that the venue thereof shall be Johnson County, State of Iowa. If legal action is
required by the Jurisdiction to enforce the provisions of this Bond or to collect the monetary
obligation incurring to the benefit of the Jurisdiction, the Contractor and the Surety agree,
jointly, and severally, to pay the Jurisdiction all outlay and expense incurred therefor by
the Jurisdiction. All rights, powers, and remedies of the Jurisdiction hereunder shall be
cumulative and not alternative and shall be in addition to all rights, powers, and remedies
given to the Jurisdiction, by law. The Jurisdiction may proceed against surety for any
amount guaranteed hereunder whether action is brought against the Contractor or whether
Contractor is joined in any such action(s) or not.
Now therefore, the condition of this obligation is such that if said Principal shall faithfully
perform all the promises of the Principal, as set forth and provided in the Contract and in
this Bond, then this obligation shall be null and void, otherwise it shall remain in full force
and effect.
When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first
as defined in this Bond and the Contract; second, if not defined in the Bond or Contract, it
shall be interpreted or construed as defined in applicable provisions of the Iowa Code;
third, if not defined in the Iowa Code, it shall be interpreted or construed according to its
generally accepted meaning in the construction industry; and fourth, if it has no generally
accepted meaning in the construction industry, it shall be interpreted or construed
according to its common or customary usage.
Failure to specify or particularize shall not exclude terms or provisions not mentioned and
shall not limit liability hereunder. The Contract is hereby made a part of this Bond.
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PRINCIPAL:
By
Printed Name of Contractor Officer
Signature of Contractor Officer
Title of Contractor Officer
SURETY:
Surety Company Name
By
Signature of Attorney -in -Fact Officer
Printed Name of Attorney -in -Fact Officer
Company Name of Attorney -in -Fact
Company Address of Attorney -in -Fact
City, State, Zip Code of Attorney -in -Fact
Telephone Number of Attorney -in -Fact
2023-25 Seeding - Dubuque St., Mccollister Blvd., & Landfill Project 0510 — Page 4 of 4
0520
CONTRACT COMPLIANCE
SECTION I - GENERAL POLICY STATEMENT
It is the policy of the City of Iowa City to require equal employment opportunity in all City contract
work. This policy prohibits discrimination by the City's contractors, consultants and vendors and
requires them to ensure that applicants seeking employment with them and their employees are
treated equally without regard to age, color, creed, disability, gender identity, marital status,
national origin, race, religion, sex, or sexual orientation.
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:
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 0520 — Pages 2 and 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. c.
2023-25 Seeding - Dubuque St., Mccollister Blvd., & Landfill Project 0520 —'-page 1 of 6
SECTION II - ASSURANCE OF COMPLIANCE
The following sets forth the minimum requirements of a satisfactory Equal Employment
Opportunity Program which will be reviewed for acceptability. PLEASE RETURN PAGES 2
THROUGH 3 OF THIS SECTION TO THE CONTRACTING DEPARTMENT PRIOR TO THE
EXECUTION OF THE CONTRACT.
With respect to the performance of this contract, the contractor, consultant or vendor agrees as
follows: (For the purposes of these minimum requirements, "contractor" shall include consultants
and vendors.)
The contractor will not discriminate against any employee or applicant for employment and
will take affirmative efforts to ensure applicants and employees are treated during
employment without regard to their age, color, creed, disability, gender identity, marital
status, national origin, race, religion, sex, or sexual orientation. Such efforts shall include,
but not be limited to the following: employment, promotion, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
2. The contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that it is an equal opportunity employer.
Note: Contracts that are federally funded are subject to Executive Order No. 11246, as
amended, and the regulations (see generally 29 U.S.C. § 1608 et seq.) and relevant orders
of the U.S. Secretary of Labor. The Secretary of Labor, and not the City, enforces said
regulations and orders.
3. Provide a copy of your written Equal Employment Opportunity policy statement.
Where is this statement posted?
4. What is the name, telephone number and address of your business' Equal Employment
Opportunity Officer?
(Please print)
Phone Number
Street Address
i
City, State, Zip Code_. i
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2023-25 Seeding - Dubuque St., Mccollister Blvd., & Landfill Project 0520 — Page 2 of 6
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.
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 are true and correctly reflect our Equal Employment Opportunity policies.
Business Name Phone Number
Signature Title
Print Name Date
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2023-25 Seeding - Dubuque St., Mccollister Blvd., & Landfill Project 0520 — Page 3 of 6
SECTION III - SUGGESTED STEPS TO ASSURE EQUAL EMPLOYMENT
OPPORTUNITIES
COMPANY POLICY
Determine your company's policy regarding equal employment opportunities. Document
the policy and post it in a conspicuous place so that it is known to all your employees.
Furthermore, disseminate the policy to all potential sources of employees and to your
subcontractors asking their cooperation. The policy statement should recognize and
accept your responsibility to provide equal employment opportunity in all your employment
practices. In regard to dissemination of this policy, this can be done, for example, through
the use of letters to all recruitment sources and subcontractors, personal contacts,
employee meetings, web page postings, employee handbooks, and advertising.
2. EQUAL EMPLOYMENT OPPORTUNITY OFFICER
Designate an equal employment opportunity officer or, at minimum, assign someone the
responsibility of administering and promoting your company's Equal br ployment
Opportunity program. This person should have a position in your organizaibon which
emphasizes the importance of the program.
3. INSTRUCT STAFF
Your staff should be aware of and be required to abide by your Equal Erdployment
Opportunity program. All employees authorized to hire, supervise, promote, or4ischarge
employees or are involved in such actions should be trained and required to comply with
your policy and the current equal employment opportunity laws.
4. RECRUITMENT
(a) Let potential employees know you are an equal opportunity employer. This can be
done by identifying yourself on all recruitment advertising as "an equal opportunity
employer".
(b) Use recruitment sources that are likely to yield diverse applicant pools.
Word-of-mouth recruitment will only perpetuate the current composition of your
workforce. Send recruitment sources a letter annually which reaffirms your
commitment to equal employment opportunity and requests their assistance in
helping you reach diverse applicant pools.
(c) Analyze and review your company's recruitment procedures to identify and
eliminate discriminatory barriers.
(d) Select and train persons involved in the employment process to use objective
standards and to support equal employment opportunity goals.
(e) Review periodically job descriptions to make sure they accurately reflect major job
functions. Review education and experience requirements to make sure they
accurately reflect the requirements for successful job performance.
(f) Review the job application to ensure 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
2023-25 Seeding - Dubuque St., Mccollister Blvd., & Landfill Project 0520 — Page 4 of 6
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.
For your information is a copy of Section 2-3-1 of the City Code which prohibits certain
discriminatory practices in employment can be found at:
https://codelibrary.amlegal.com/codes/iowacityia/latest/iowacity ia/0-0-0-631#JD 2-3-1.
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.
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2023-25 Seeding - Dubuque St., Mccollister Blvd., & Landfill Project 0520 — Page 5 of 6
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, gender identity, marital status,
national origin, 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:
NOTE: This is a SAMPLE ONLY. You may wish to confer with your Equal Employment
Opportunity (EEO) officer or legal counsel to formulate a policy which specifically meets the needs
of your company.
2023-25 Seeding - Dubuque St., Mccollister Blvd., & Landfill Project 0520 — Page 6 of 6
0530
WAGE THEFT POLICY
It is the policy of the City of Iowa City, as expressed by City Council Resolution No. 15-364
adopted on November 10, 2015, not to enter into certain contracts with, or provide discretionary
economic development assistance to, any person or entity (including an owner of more than 25%
of the entity) who has admitted guilt or liability or been adjudicated guilty or liable in any judicial
or administrative proceeding of committing a repeated or willful violation of the Iowa Wage
Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act or
any comparable state statute or local ordinance, which governs the payment of wages, for a period
of five (5) years from the date of the last conviction, entry of plea, administrative finding or
admission of guilt. (hereinafter "Wage Theft Policy")
Application. The Wage Theft Policy applies to the following:
a. Contracts in excess of $25,000 for goods, services or public improvements.
b. Contracts for discretionary economic development assistance. "Discretionary"
economic development assistance shall mean any economic development
assistance provided by the City of Iowa City that is not required by law.
Exceptions. The Wage Theft Policy does not apply to emergency purchases of goods
and services, emergency construction or public improvement work, sole source contracts
excepted by the City's purchasing manual, cooperative/piggyback purchasing or contracts
with other governmental entities.
III. Affidavit. The contracting entity must complete the attached affidavit showing
compliance with the Wage Theft Policy and provide it to the Contracting Department
prior to the execution of the contract.
Contract provision: Any contract to which this policy is applicable will include the following contract
provision: If the City becomes aware that a person or entity (including an owner of more than
25% of the entity) has admitted guilt or liability or been adjudicated guilty or liable in any judicial
or administrative proceeding of committing a repeated or willful violation of the Iowa Wage
Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act or
any comparable state statute or local ordinance, which governs the payment of wages, within the
five (5) year period prior to the award or at any time after the award, such violation sh,pjlJ constitute
a default under the contract.
IV. Waivers. If a person or entity is ineligible to contract with the City as a resulfij the Wage
Theft Policy it may submit a request in writing indicating that one or mare of the following
actions have been taken:
a. There has been a bona fide change in ownership or control of the. inel* ible person
or entity; o
b. Disciplinary action has been taken against the individual(s) responsible for the acts
giving rise to the violation(s);
2023-25 Seeding - Dubuque St., Mccollister Blvd., & Landfill Project 0530 — Page 1 of 3
C. Remedial action has been taken to prevent a recurrence of the acts giving rise to
the disqualification or default; or
Other factors that the person or entity believes are relevant.
The City Manager or Designee shall review the documentation submitted, make any inquiries
deemed necessary, request additional documentation if warranted and determine whether a
reduction in the ineligibility period or waiver is warranted. Should the City Manager or Designee
determine that a reduction or waiver of the ineligibility period is warranted the City Manager or
Designee shall make such recommendation to the City Council. The City Council will make a final
decision as to whether to grant a reduction or waiver.
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2023-25 Seeding - Dubuque St., Mccollister Blvd., & Landfill Project 0530 — Page 2 of 3
WAGE THEFT AFFIDAVIT
I, , certify under penalty of perjury and pursuant to
the laws of the State of Iowa that the following is true and correct:
I am the [position] of
["contracting entity"] and have the authority to execute this affidavit on behalf of said
contracting entity and any person or entity with an ownership interest in said contracting
entity of more than 25%.
2. Neither ["contracting entity"] nor any person or entity
with an ownership interest of more than 25% of said contracting entity has been
adjudicated guilty or liable in any judicial or administrative proceeding of committing a
repeated or willful violation of the Iowa Wage Payment Collection law, the Iowa Minimum
Wage Act, the Federal Fair Labor Standards Act or any comparable state statute or local
ordinance, which governs the payment of wages in the last 5 years.
Signature
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SUDAS STANDARD SPECIFICATIONS
The City of Iowa City has adopted the SUDAS Standard Specifications for use on all public
improvement projects and construction within the public right-of-way. The SUDAS Standard
Specifications are incorporated herein by reference. Copies of the current version of the SUDAS
Standard Specifications Manual can be obtained from the SUDAS website at:
https:Hiowasudas.org/manuals/specifications-manual/. These specifications are kept on file in the
City Engineer's Office and will be made available for viewing by City staff and the public.
Previous editions of the SUDAS Standard Specifications can be found here:
https://iowasudas.org/archived-specifications/.
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GENERAL SUPPLEMENTAL SPECIFICATIONS
The City of Iowa City has adopted the General Supplemental Specifications for use on all public
improvement projects and construction within the public right-of-way. The General Supplemental
Specifications are incorporated by reference. Copies of the General Supplemental Specifications
can be obtained from the website at: https://iowasudas.org/supplemental-specifications/. These
specifications are kept on file in the City Engineer's Office and will be made available for viewing
by City staff and the public.
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SUPPLEMENTAL SPECIFICATIONS
The City of Iowa City has adopted the Supplemental Specifications to the 2023 Edition of the
SUDAS Standard Specifications Manual for use on all public improvement projects and
construction within the public right-of-way. The Supplemental Specifications are incorporated
herein by reference. Copies of the current version can be obtained at: https://www.iowa-
city. org/weblink/0/edoc/1845668/CIC%20Supplemental%20Specs.pdf or are available in the City
Engineering Division Office.
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SPECIAL PROVISIONS
The City of Iowa City allows bidders to submit a computer -generate attachment, hereinafter
referred to as unit price attachment, in lieu of completing that portion of the Proposal identifying
the bid items, description, unit, quantity, and unit prices. See Section 1020, 1.09.6, for details on
preparing a computer -generated unit price attachment.
This project includes several additional modifications to the SUDAS Standard Specifications
beyond the Supplemental Specifications referenced earlier in this Project Manual.
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2023-25 Seeding - Dubuque St., Mccollister Blvd., & Landfill Project Page 1 of 3
SECTION 2010 — EARTHWORK, SUBGRADE, AND SUBBASE
2.01 TOPSOIL
C. (ADD) Materials must be pulverized.
SECTION 9010 — SEEDING
1.08 MEASUREMENT AND PAYMENT
F. (ADD) Soil Quality Restoration:
1. Measurement: Measurement will be in acres of soil quality restoration performed.
2. Payment: Payment will be at unit price per acre of soil quality restoration
performed.
3. Includes: Unit price includes, but is not limited to, removal of rock and other debris
from the area; repairing rills and washes; mowing; performing aeration; and
furnishing and placing of compost.
2.03 FERTILIZER
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A. Grade: c-V,)
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5. (ADD) Full Season Application includes: ` -
a. Year One: cD
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i. Fall proceeding the spring overseeding (mid -September to October): apply
weed control 2, 4D herbicide for broadleaf control per manufacturer's
recommendations and as directed by Engineer.
ii. Spring: follow the pneumatic seeding fertilizer in 2.03, A.4.
iii. Summer: Apply 18-0-9 poly coated commercial fertilizer or the equivalent
units of nitrogen, phosphate, and potash at a rate of 200 pounds per acre.
iv. Fall: Apply a 30-0-0 commercial fertilizer or the equivalent units of nitrogen,
phosphate, and potash at a rate of 200 pounds per acre.
b. Year Two:
i. Spring: Apply a 13-0-6 commercial fertilizer or the equivalent units of
nitrogen, phosphate, and potash with a 0.1 % crabgrass preventer
(Dimension or equal) at a rate of 200 pounds per acre.
ii. Summer: Apply 18-0-9 poly coated commercial fertilizer or the equivalent
units of nitrogen, phosphate, and potash at a rate of 200 pounds per acre.
2023-25 Seeding - Dubuque St., Mccollister Blvd., & Landfill Project Page 2 of 3
2.08
3.11
iii. Fall: Apply a 36-0-0 commercial fertilizer or the equivalent units of nitrogen,
phosphate, and potash at a rate of 200 pounds per acre.
(ADD) SOIL QUALITY RESTORATION
A. Compost:
1. Meet the requirements of 9010, 2.07.C.
(ADD) SOIL QUALITY RESTORATION AND OVERSEEDING
A. Order of Operations: 1) preparation and mowing, 2) aeration, 3) spread compost, 4)
seed preparation, and 5) seed application
B. Preparation and Mowing: removal of rock and other debris from the area; repairing
rills and washes; and mow existing vegetation to a height of approximately 2 inches.
C. Aeration: deep tine or core aerate to a depth of 6 to 8 inches.
D. Spread Compost: apply compost evenly to designated areas. Compost must be drug
into the existing area. Depth of compost shall be to 3/ inch over the mowed area.
Apply the compost with a pneumatic (air blower) system, is preferred, with sufficient
power and hose to reach 300 feet. If done pneumatically, driving on the designated
areas to apply compost will not be allowed.
E. Seed Preparation: Follow seed preparation for conventional seeding in Section 9010,
3.04.E.1. Pre -inoculate seed in the quantities specified above prior to placing in the
seed equipment.
F. Seed Application:
1. Place all material, seed and fertilizer in equipment with a calibrated seeder
attachment specifically designed for pneumatic seeding. Do not apply fertilizer with
native grass, wildflower, or wetland seeding.
2. Inject seed and fertilizer into the top 1/4 inch (minimum) to 1/2 inch (maximum) of
compost during application with a calibrated seed injector at the specified rate. Do
not inject native grasses and forbs more than 1/4 inch.
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PLANS
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LEGEND
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- -- 0 SUDAS TYPE 2 SEEDING
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CITY OF
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ENGINEERING
CITY
H SCALE: 1"=400'
VSCALE: NONE
DESIGN: NLL/JAD
DRAWN: NLUJAD
PROJECT:
2023-25 SEEDING - DUBUQUE STREET,
SHEET TITLE:
SEEDING LAYOUT
FILE NUMBER
S3934
SHEET
K.01
DIVISION
MCCOLLISTER BOULEVARD, & LANDFILL
IOWA CITY LANDFILL
DATE: 6/6/2023
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LEGEND
Q SOIL QUALITY RESTORATION
AND TYPE 1 OVER -SEEDING
(APPROXIMATELY 4.1 ACRES FOR
ALL WORK ON MCCOLLISTER
BOULEVARD IN THIS PROJECT)
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CITY OF IO WA CITY H SCALE: 1"=100' DESIGN: NLUJAD PROJECT: SHEET TITLE: FILE NUMBER SHEET
ENGINEERING HSCALE: NONE DRAWN: NLL/JAD 2023-25 SEEDING - DUBUQUE STREET, SEEDING LAYOUT S3934 K.02
DIVISION DATE: NLL/J D MCCOLLISTER BOULEVARD, & LANDFILL MCCOLLISTER BOULEVARD
0
LEGEND
Q SOIL QUALITY RESTORATION
AND TYPE 1 OVER -SEEDING
(APPROXIMATELY 4.1 ACRES FOR
ALL WORK ON MCCOLLISTER
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DIVISION MCCOLLISTER BOULEVARD, & LANDFILL DUBUQUE STREET S3934 K.08
DATE: 6/6/2023
6 June 2023
City Clerk
Iowa City, Iowa
I r 1
!FMQOI[��
CITY OF IOWA CITY
UNESCO CITY OF LITERATURE
410 East Washington Street
Iowa City, Iowa 52240- 1 826
(319) 356-5000
(319) 356-S009 FAX
www.icgov.org
RE: 2023-25 Seeding — Dubuque Street, McCollister Boulevard, and Landfill
The above mentioned project has an engineer's estimated cost of $240,000. Please
contact me at Iwelter(�iowa-city.orq or (319) 356-5144 if you have questions about this
information.
Sincerely,
Joseph B. Welter, PE, PMP
Senior Engineer
City of Iowa City Engineering Division
410 East Washington Street
Iowa City, Iowa 52240
N
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Prepared by Joe Welter, Engineering Division, 410 East Washington Street, Iowa City, Iowa 52240, (319)356-5144
r
Resolution No. 23-166
Resolution setting a public hearing on June 20, 2023 on project
manual and estimate of cost for the construction of the 2023
Dubuque Street, McCollister Boulevard, and Landfill Seeding
Project, directing City Clerk to publish notice of said hearing, and
directing the City Engineer to place said project manual on file for
public inspection.
Whereas, funds for this project are available in the McCollister Blvd - Gilbert to Sycamore, Account
#S3934 and Landfill operations funds.
Now, therefore, be it resolved by the Council of the City of Iowa City, Iowa, that:
1. A public hearing on the project manual and estimate of cost for the construction of the above -
mentioned project is to be held on the 20th day of June, 2023, at 6:00 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. 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. A copy of the project manual and estimate of cost for the construction of the above -named
project is hereby ordered placed on file by the City Engineer in the office of the City Clerk
for public inspection.
Passed and approved this 6th day of June 2023
May
Approved by
Attest: 'Lav G .
City Clerk City Attorney' Office
-(Liz Craig - 06/01/2023)
It was moved by Taylor
adopted, and upon roll call there were:
Ayes:
X
X
X
X
X
X
X
and seconded by
Nays:
Alter the Resolution be
Absent:
Alter
Bergus
Dunn
Harmsen
Taylor
Teague
Thomas
Prepared by: Joe Welter, Engineering Division, 410 East Washington Street, Iowa City, Iowa 52240, (319) 356-5144
Resolution No. 23-186
i
i
Resolution approving project manual and estimate of cost for the
construction of the 2023 Dubuque Street, McCollister Boulevard,
and Landfill Seeding Project, establishing amount of bid security
to accompany each bid, directing City Clerk to post notice to
bidders, and fixing time and place for receipt of bids.
Whereas, notice of public hearing on the project manual and estimate of cost for the above -named
project was published as required by law, and the hearing thereon held; and
Whereas, the City Engineer or designee intends to post notice of the project on the website owned
and maintained by the City of Iowa City; and
i
Whereas, funds for this project are available in the McCollister Blvd - Gilbert to Sycamore, Account
Number S3934 and Future Landfill Cell, Account Number L3338.
i
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that:
1. The project manual and estimate of cost for the above -named project are hereby approved.
2. The amount of bid security to accompany each bid for the construction of the above -named
project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa
City, Iowa.
3. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3,
not less than 13 days and not more than 45 days before the date of the bid letting, which
may be satisfied by timely posting notice on the Construction Update Network, operated by
the Master Builder of Iowa, and the Iowa League of Cities website.
4. Sealed bids for the above -named project are to be received by the City of Iowa City, Iowa,
at the Office of the City Clerk, at the City Hall, before 3:00 p.m. on the 5th day of July, 2023.
At that time, the bids will be opened by the City Engineer or his designee, and thereupon
referred to the City Council of the City of Iowa City Iowa, for action upon said bids at its next
regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 6:00
p.m. on the 11th day of July, 2023, or at a special meeting called for that purpose.
Passed and approved this 20th day of .Tune , 2023.
May
Approved by
� a
Attest:Ld
City Clerk City Attorn 's ffice
(Liz Craig - 06/12/2023)
Resolution No. 23-186
Page 2
It was moved by Harmsen and seconded by Taylor the Resolution be
adopted, and upon roll call there were:
Ayes:
Nays:
Absent:
Alter
Bergus
Dunn
Harmsen
Taylor
Teague
Thomas
116-16
IOWA
LEAGUE
QfCITIES
CERTIFICATE
The Iowa League of Cities an entity organized under the laws of Iowa as an instrumentality of its
member cities, with its principal place of business in Des Moines, Polk County, Iowa, does hereby
certify that I am now and was at the time hereinafter mentioned, the duly qualified and acting
Executive Director of the Iowa League of Cities, and that as such Executive Director of the League
and by full authority from the Executive Board, I have caused a
NOTICE TO BIDDERS
2023 Seeding (Dubuque St, McCollister Blvd & IC Landfill)
Classified ID: 111687354330
A printed copy of which is attached and made part of this certificate, provided on 06/22/2023 to be
posted on the Iowa League of Cities internet site on the following date:
2023-06-22
I certify under penalty of perjury and pursuant to the laws of the State of Iowa that the preceding is
true and correct.
06/22/2023
�j (. ,
Alan Kemp, Executive Director
NOTICE TO BIDDERS
2023-25 SEEDING - DUBUQUE STREET, MCCOLLISTER BOULEVARD, &
LANDFILL PROJECT
Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 3 P.M. on
the 511 day of July, 2023 Sealed proposals will be opened immediately thereafter. Bids submitted
by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals
received after this deadline will be returned to the bidder unopened.
Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat
Hall at 6:00 P.M. on the 111h day of July, 2023, or at special meeting called for that purpose.
The Project will involve the following:
Soil quality restoration and overseeding of the parkways along Dubuque Street and McCollister
Boulevard. Treatment of parkways along Dubuque Street and McCollister Boulevard for two full
seasons is included. Seeding of designated areas of the Iowa City Landfill and Recycling Center
is included.
All work is to be done in strict compliance with the Project Manual prepared by Joseph Welter, of
Iowa City, Iowa, which has heretofore been approved by the City Council, and are on file for public
examination in the Office of the City Clerk.
Each proposal shall be completed on a form furnished by the City and must be submitted in a
sealed envelope. In addition, a separate sealed envelope shall be submitted containing a
completed Bidder Status Form and a bid security executed by a corporation authorized to contract
as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made
payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the
City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10)
calendar days of the City Council's award of the contract and post bond satisfactory to the City
(in the form shown in Section 0510) ensuring the faithful performance of the contract and
maintenance of said Project, if required, pursuant to the provisions of this notice and the other
contract documents. The City shall retain the bid security furnished by the successful bidder until
the approved contract has been executed, the required Performance, Payment, and Maintenance
Bond (as shown in Section 0510) has been filed by the bidder guaranteeing the performance of
the contract, and the contract and security have been approved by the City. The City shall
promptly return the checks or bidder's bonds of unsuccessful bidders to the bidders as soon as
the successful bidder is determined or within thirty days, whichever is sooner.
The successful bidder will be required to furnish a Performance, Payment, and Maintenance Bond
in an amount equal to one hundred percent (100%) of the contract price and in the form shown in
Section 0510, said bond to be issued by a responsible surety approved by the City, and shall
guarantee the prompt payment of all materials and labor, and also protect and save harmless the
City from all claims and damages of any kind caused directly or indirectly by the operation of the
contract, and shall also guarantee the maintenance of the improvement for a period of two (2)
year(s) from and after its completion and formal acceptance by the City Council.
The following limitations shall apply to this Project:
Specified Start Date: 14 August 2023
Substantial Completion Date: 31 October 2025
Final Completion Date: 1 December 2025
Liquidated Damages: $100 per day
The bid items listed in Section 0400 — Proposal shall be completed by those dates listed
within the time frame stated in the contract documents. All of the bid items shall be
completed by the Substantial Completion Date.
The Project Manual may be examined at the office of the City Clerk. Copies thereof and blank
forms may be secured at the office of Technigraphics, a division of Rapids Reproductions located
at 415 Highland Ave, Suite 100, Iowa City, Iowa 52240, Phone: (319) 354-5950, Fax: (319) 354-
8973, Toll -Free: (800) 779-0093.
Prospective bidders are advised that the City of Iowa City desires to employ minority contractors
and subcontractors on City projects. A listing of minority contractors can be obtained from the
Iowa Department of Inspections and Appeals at (515) 281-5796 and the Iowa Department of
Transportation Contracts Office at (515) 239-1422.
Bidders shall list on the Proposal the names of persons, firms, companies or other parties with
whom the bidder intends to subcontract. This list shall include the type of work and approximate
subcontract amount(s).
The Contractor awarded the contract shall list on the Contract its subcontractors, together with
quantities, unit prices and extended dollar amounts.
By virtue of statutory authority, preference must be given to products and provisions grown and
coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required
under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project.
The City reserves the right to reject any or all proposals, and also reserves the right to waive
technicalities and irregularities.
Posted upon order of the City Council of Iowa City, Iowa.
KELLIE FRUEHLING, CITY CLERK
Ashley Platz
From: Cindy Adams <CAdams@mbi.build>
Sent: Thursday, June 22, 2023 8:41 AM
To: Ashley Platz
Subject: Certificate for Notice to Bidders
Attachments: We sent you safe versions of your files; 06.22.23 Notice To Bidders.pdf
AI
** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or
attachments. **
Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files.
Certificate
The undersigned, being first duly sworn on oath, states that The Construction Update Plan Room Network ("CU
Network") is a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of
business in Des Moines, Polk County, Iowa. The undersigned also states that he is now and was at the time hereinafter
mentioned, the duly qualified and acting President / CEO of the CU Network, and that as such President / CEO of the CU
Network and by full authority from the Executive Board, he caused a
NOTICE TO BIDDERS
Iowa City - 2023-25 Seeding — Dubuque Street, McCollister Boulevard, & Landfill Project
Iowa City — 2023 Parking Garages Maintenance And Repair Project
A printed copy of which is attached and made part of this certificate, to be posted in the Construction Update Network
Plan Room, a relevant contractor plan room service with statewide circulation and a relevant contractor lead generating
service with statewide circulation, on the following date(s):
June 22, 2023
I certify under penalty of perjury and pursuant to the laws of the State of Iowa that the preceding is true and correct.
l/ ►�s-+1 Y� _ 0 0
June 22, 2023
Date President/CEO of The Construction Update Plan Room Network
Cindy Adams
tlLead Project Information Specialist
CCU Construction Update Network
M (515) 402-9858 1 E C4darns@M81,8keid
W www,iowaConStructionUodate.corn
Effective 5/30/23 Our summers hours begin. 7:30 AM — 4:00 PM
DAILY NOTICE
TO BIDDERS
0
construction
update
NOTICE TO BIDDERS
2023-25 SEEDING - DUBUQUE STREET, MCCOLLISTER BOULEVARD, &
LANDFILL PROJECT
Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 3 P.M. on
the 51' day of July, 2023 Sealed proposals will be opened immediately thereafter. Bids submitted
by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals
received after this deadline will be returned to the bidder unopened.
Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat
Hall at 6:00 P.M. on the 11" day of July, 2023, or at special meeting called for that purpose.
The Project will involve the following:
Soil quality restoration and overseeding of the parkways along Dubuque Street and McCollister
Boulevard. Treatment of parkways along Dubuque Street and McCollister Boulevard for two full
seasons is included. Seeding of designated areas of the Iowa City Landfill and Recycling Center
is included.
All work is to be done in strict compliance with the Project Manual prepared by Joseph Welter, of
Iowa City, Iowa, which has heretofore been approved by the City Council, and are on file for public
examination in the Office of the City Clerk.
Each proposal shall be completed on a form furnished by the City and must be submitted in a
sealed envelope. In addition, a separate sealed envelope shall be submitted containing a
completed Bidder Status Form and a bid security executed by a corporation authorized to contract
as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made
payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the
City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10)
calendar days of the City Council's award of the contract and post bond satisfactory to the City
(in the form shown in Section 0510) ensuring the faithful performance of the contract and
maintenance of said Project, if required, pursuant to the provisions of this notice and the other
contract documents. The City shall retain the bid security furnished by the successful bidder until
the approved contract has been executed, the required Performance, Payment, and Maintenance
Bond (as shown in Section 0510) has been filed by the bidder guaranteeing the performance of
the contract, and the contract and security have been approved by the City. The City shall
promptly return the checks or bidder's bonds of unsuccessful bidders to the bidders as soon as
the successful bidder is determined or within thirty days, whichever is sooner.
The successful bidder will be required to furnish a Performance, Payment, and Maintenance Bond
in an amount equal to one hundred percent (100%) of the contract price and in the form shown in
Section 0510, said bond to be issued by a responsible surety approved by the City, and shall
guarantee the prompt payment of all materials and labor, and also protect and save harmless the
City from all claims and damages of any kind caused directly or indirectly by the operation of the
contract, and shall also guarantee the maintenance of the improvement for a period of two (2)
year(s) from and after its completion and formal acceptance by the City Council.
The following limitations shall apply to this Project:
Specified Start Date: 14 August 2023
Substantial Completion Date: 31 October 2025
Final Completion Date: 1 December 2025
Liquidated Damages: $100 per day
The bid items listed in Section 0400 — Proposal shall be completed by those dates listed
within the time frame stated in the contract documents. All of the bid items shall be
completed by the Substantial Completion Date.
The Project Manual may be examined at the office of the City Clerk. Copies thereof and blank
forms may be secured at the office of Technigraphics, a division of Rapids Reproductions located
at 415 Highland Ave, Suite 100, Iowa City, Iowa 52240, Phone: (319) 354-5950, Fax: (319) 354-
8973, Toll -Free: (800) 779-0093.
Prospective bidders are advised that the City of Iowa City desires to employ minority contractors
and subcontractors on City projects. A listing of minority contractors can be obtained from the
Iowa Department of Inspections and Appeals at (515) 281-5796 and the Iowa Department of
Transportation Contracts Office at (515) 239-1422.
Bidders shall list on the Proposal the names of persons, firms, companies or other parties with
whom the bidder intends to subcontract. This list shall include the type of work and approximate
subcontract amount(s).
The Contractor awarded the contract shall list on the Contract its subcontractors, together with
quantities, unit prices and extended dollar amounts.
By virtue of statutory authority, preference must be given to products and provisions grown and
coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required
under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project.
The City reserves the right to reject any or all proposals, and also reserves the right to waive
technicalities and Irregularities.
Posted upon order of the City Council of Iowa City, Iowa.
KELLIE FRUEHLING, CITY CLERK
Prepared by: Joe Welter, Engineering Division, 410 East Washington Street, Iowa City, Iowa 52240 (319) 356-5144
Resolution No. 23-192
Resolution awarding contract and authorizing the Mayor to sign
and the City Clerk to attest a contract for construction of the 2023
Dubuque Street, McCollister Boulevard, and Landfill Seeding
Project.
Whereas, Steven's Erosion Control of Hills, Iowa has submitted the lowest responsive, responsible
bid of $197,050 for construction of the above -named project; and
Whereas, funds for,this project are available in the McCollister Blvd - Gilbert to Sycamore, Account
# S3934 and Future Landfill Cell, Account # L3338.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
The contract for the construction of the above -named project is hereby awarded to Steven's
Erosion Control, 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 and City Manager are authorized to execute change orders according to
the City's Purchasing Policy as they may become necessary in the construction of the
above -named project.
Passed and approved this i I rl, day of 1 , 2023
1
mew
Approved by
Attest: )1�a (L-10 k__]�
City blerk. City Attorn y's Office - 07/06/23
It was moved by l),,,, and seconded by Thnmac the Resolution be
adopted, and upon roll call there were:
Ayes: Nays: Absent:
x Alter
X Bergus
X Dunn
X Harmsen
X Taylor
X Teague
x Thomas
BOND NUMBEP,:;?�AC582444
1 G
r �
0510
PERFORMANCE, PAYMENT, AND MAINTENANCE BOND r?
2023-25 SEEDING - DUBUQUE ST., MCCOLLISTER BLVD., & LANDFILE
PROJECT
CITY OF IOWA CITY
Know All by These Presents:
That we, Stevens EroAior Cor�trod In�C. of Hi1�s lo� as Princi�al (hereinafter the "Contractor" or
erc ants on ,,r ompany utua A Co,poratio as Surety are held and firmly
"Principal") and 6700 We"tnwn Parkwa)4 Wret De,; Mn;nrc TA SMAA
bound unto City of Iowa City, Iowa, as Obligee (hereinafter referred to as "the Jurisdiction"), and
to all persons who may be injured by any breach of any of the conditions of this Bond in the penal
sum of one hundred ninety-seven thousand fifty dollars ($197,050.00), lawful money of the United
States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs,
legal representatives and assigns, jointly or severally, firmly by these presents.
The conditions of the above obligations are such that Wkereas said Contr ctor entered into a
contract with the Jurisdiction, bearing date the �_ day of �6�5". ,
)-6*3 —, (hereinafter the "Contract") wherein said Contractor undertakes and agrees to
construct the following described improvements:
Soil quality restoration and overseeding of the parkways along Dubuque Street and McCollister
Boulevard. Treatment of parkways along Dubuque Street and McCollister Boulevard for two full
seasons is included. Seeding of designated areas of the Iowa City Landfill and Recycling Center
is included.
To faithfully perform all the terms and requirements of said Contract within the time therein
specified, in a good and workmanlike manner, and in accordance with the Contract Documents.
It is expressly understood and agreed by the Contractor and Surety in this bond that the following
provisions are a part of this Bond and are binding upon said Contractor and Surety, to -wit:
Performance: The Contractor shall well and faithfully observe, perform, fulfill, and abide
by each and every covenant, condition, and part of said Contract, by reference made a
part hereof, for the above referenced improvements, and shall indemnify and save
harmless the Jurisdiction from all outlay and expense incurred by the Jurisdiction by
reason of the Contractor's default of failure to perform as required. The Contractor shall
also be responsible for the default or failure to perform as required under the Contract and
Contract Documents by all its subcontractors, suppliers, agents, or employees furnishing
materials or providing labor in the performance of the Contract.
2. Payment: The Contractor and the Surety on this Bond hereby agreed to pay all just claims
submitted by persons, firms, subcontractors, and corporations furnishing materials for or
performing labor in the performance of the Contract on account of which this Bond is given,
including but not limited to claims for all amounts due for labor, materials, lubricants, oil,
gasoline, repairs on machinery, equipment, and tools, consumed or used by the Contractor
or any subcontractor, wherein the same are not satisfied out of the portion of the contract
2023-2025 Seeding — Dubuque St., McCollister Blvd. & Landfill Project 0510 —Pagel of 4
price the Jurisdiction is required to retain until completion of the improvement, Nt the,,..,-.,,.
Contractor and Surety shall not be liable to said persons, firms, or corporations unless the �,.,
claims of said claimants against said portion of the contract price shatll.bavezbeen
established as provided by law. The Contractor and Surety hereby bind themselves 4bthe
obligations and conditions set forth in Chapter 573 of the Iowa Code, wku'bh byr this
reference is made a part hereof as though fully set out herein.
3. Maintenance: The Contractor and the Surety on this Bond hereby agree, at their own
expense:
A. To remedy any and all defects that may develop in or result from work to be
performed under the Contract within the period of two year(s) (2) from the date of
acceptance of the work under the Contract, by reason of defects in workmanship
or materials used in construction of said work;
B. To keep all work in continuous good repair; and
C. To pay the Jurisdiction's reasonable costs of monitoring and inspection to assure
that any defects are remedied, and to repay the Jurisdiction all outlay and expense
incurred as a result of Contractor's and Surety's failure to remedy any defect as
required by this section.
4. General: Every Surety on this Bond shall be deemed and held bound, any contract to the
contrary notwithstanding, to the following provisions:
A. To consent without notice to any extension of time to the Contractor in which to
perform the Contract;
B. To consent without notice to any change in the Contract or Contract Documents,
which thereby increases the total contract price and the penal sum of this bond,
provided that all such changes do not, in the aggregate, involve an increase of
more than 20% of the total contract price, and that this bond shall then be released
as to such excess increase; and
C. To consent without notice that this Bond shall remain in full force and effect until
the Contract is completed, whether completed within the specified contract period,
within an extension thereof, or within a period of time after the contract period has
elapsed and the liquidated damage penalty is being charged against the
Contractor.
D. That no provision of this Bond or of any other contract shall be valid that limits to
less than two year(s) (2) after the acceptance of the work under the Contract the
right to sue on this Bond.
E. That as used herein, the phrase "all outlay and expense" is not to be limited in any
way, but shall include the actual and reasonable costs and expenses incurred by
the Jurisdiction including interest, benefits, and overhead where applicable.
Accordingly, "all outlay and expense" would include but not be limited to all contract
or employee expense, all equipment usage or rental, materials, testing, outside
experts, attorneys fees (including overhead expenses of the Jurisdiction's staff
attorneys), and all costs and expenses of litigation as they are incurred by the
Jurisdiction. It is intended the Contractor and Surety will defend and indemnify the
Jurisdiction on all claims made against the Jurisdiction on account of Contractor's
failure to perform as required in the Contract and Contract Documents, that all
agreements and promises set forth in the Contract and Contract Documents, in
approved change orders, and in this Bond will be fulfilled, and that the Jurisdiction
will be fully indemnified so that it will be put into the position it would have been in
had the Contract been performed in the first instance as required.
2023-2025 Seeding — Dubuque St., McCollister Blvd. & Landfill Project 0510 — Page 2 of 4
In the event the Jurisdiction incurs any "outlay and expense" in defending itself against
any claim as to which the Contractor or Surety should have provided the defense, or in the
enforcement of the promises given by the Contractor in the Contract, Contract Documents,
or approved change orders, or in the enforcement of the promises given by the Contractor
and Surety in this Bond, the Contractor and Surety agree that they will make the
Jurisdiction whole for all such outlay and expense, provided that the Surety's obligation
under this bond shall not exceed 125% of the penal sum of this bond.
In the event that any actions or proceedings are initiated regarding this Bond, the parties
agree that the venue thereof shall be Johnson County, State of Iowa. If legal action is
required by the Jurisdiction to enforce the provisions of this Bond or to collect the monetary
obligation incurring to the benefit of the Jurisdiction, the Contractor and the Surety agree,
jointly, and severally, to pay the Jurisdiction all outlay and expense incurred therefor by
the Jurisdiction. All rights, powers, and remedies of the Jurisdiction hereunder shall be
cumulative and not alternative and shall be in addition to all rights, powers, and remedies
given to the Jurisdiction, by law. The Jurisdiction may proceed against surety for any
amount guaranteed hereunder whether action is brought against the Contractor or whether
Contractor is joined in any such action(s) or not.
Now therefore, the condition of this obligation is such that if said Principal shall faithfully
perform all the promises of the Principal, as set forth and provided in the Contract and in
this Bond, then this obligation shall be null and void, otherwise it shall remain in full force
and effect.
When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first
as defined in this Bond and the Contract; second, if not defined in the Bond or Contract, it
shall be interpreted or construed as defined in applicable provisions of the Iowa Code;
third, if not defined in the Iowa Code, it shall be interpreted or construed according to its
generally accepted meaning in the construction industry; and fourth, if it has no generally
accepted meaning in the construction industry, it shall be interpreted or construed
according to its common or customary usage.
Failure to specify or particularize shall not exclude terms or provisions not mentioned and
shall not limit liability hereunder. The Contract is hereby made a part of this Bond.
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2023-2025 Seeding — Dubuque St., McCollister Blvd. & Landfill Project 0510 — Page 3 of 4
PRINCIPAL:
$fL� A N STEM �N S
Printed Name of Contractor Officer
By By
Signature of Contractor Officer
��ES�caEN �
Title of Contractor Officer
SURETY:
•clrnts Bonding Company
e
__,&dbat5r& of Atto ey-in r7:�'
Cassandra J. Daley - Attorney In Fact
Printed Name of Attorney -in -Fact Officer
The Accel Group
Company Name of Attorney -in -Fact
5500 Fountains Drive NE, Ste 201
Company Address of Attorney -in -Fact
Cedar Rapids IA 52411
City, State, Zip Code of Attorney -in -Fact
(319) 365-8611
Telephone Number of Attorney -in -Fact
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2023-2025 Seeding — Dubuque St., McCollister Blvd. & Landfill Project 0510 — Page 4 of 4
MERCHANT
BONDING COMPANY.
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the
"Companies") do hereby make, constitute and appoint, individually,
Andrew J Scanlon; Ashley Jacobsen; Cassandra J Daley; Chandler Lamm; Glenda R Tibben; Jennifer Freymark; Kassonia Docker; Kevin S Mease;
Lori A Frerichs; Megan Kuker; Michael L Byl; Rachel Franks
ry
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their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all t"ds, undertakings,
contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of 'guararMOing th.e....fidelity of
persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required) �or�; perMed in'apy actions
or proceedings allowed by law. ••
This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws a4p ted by the Board
of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Coard of Directors of
Merchants National Bonding, Inc., on October 16, 2015.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and
authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto,
bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof."
"The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney
or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the
Company, and such signature and seal when so used shall have the same force and effect as though manually fixed."
In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the
Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction
contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department
of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of
its obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given
to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner -
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 14th day of April 2023
•••"""'•• •....... MERCHANTS BONDING COMPANY (MUTUAL)
;••••aP�,10 ,PO... •�.: : NP CqiJ�'o •• MERCHANTS NATIONAL BONDING, INC.
y : �Et R4 p 0 ,•��1 Oq' . q d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY
-o- G. .r--._ -o-
j 2003 `�; : y 1933 c: By
• '.aJ� .13 . '. .� \1 : President
STATE OF IOWA ••.,•• iI ••..•• •••. •;• •..••
COUNTY OF DALLAS ss.
On this 14th day of April 2023 before me appeared Larry Taylor, to me personally known, who being by me duly sworn
did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the
seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf
of the Companies by authority of their respective Boards of Directors.
haa" 'tn Kim La
o ➢ Commission Number 7V737
Ex�pi
7 My Commission res
• .+'•.P • April 14, 2024
Notary Public
(Expiration of notary's commission does not invalidate this instrument)
I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby
certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full
force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and
affixed the seal of the Companies on this day of
�O�lj'•.
�•.••P�10Nq�••.••
c Go�iPoRq .. LO -:
•••�\N�
�oaPogg9y�,
Ze
,• j': 2003
.:d�.
y 1933 ; ti • Secretary
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;mod• •dam.•
POA 0018 (10/22) �'"""'.•
ENGINEER'S REPORT
November 10, 2025
City Clerk
Iowa City, Iowa
Al
CITY OF IO A CITY
410 fast Washington 5treot
1<t sva City, lou a 32240 -1826
(319) 356 - $000
(319) 3S6 - 5009 PAX
WW%V icgay.0rg
Re: 2023-25 Seeding — Dubuque Street, McCollister Boulevard, and Landfill Project
Dear City Clerk:
I hereby certify that the construction of the 2023-25 Seeding — Dubuque Street, McCollister
Boulevard, and Landfill Project has been completed by Stevens Erosion Control, Inc. of Hills,
Iowa, in substantial accordance with the project manual prepared by the City of Iowa City
Engineering Division.
The project was bid as a unit price contract, and the final contract price is $186,659.50.
There were two (2) change orders on this project, as described below:
Change Order Description Net Contract Change
1. Additional topsoil restoration on Dubuque Street, compost
amendment of a slope at the Landfill, and additional seeding $60,550.00
at the Landfill.
2. Reseeding of eroded areas at the Landfill and final installed-$70,940.50
quantity adjustments including reduction of watering needed.
TOTAL-$10,390.50
I recommend that the above -referenced improvements be accepted by the City of Iowa City.
Sincerely,
Jason ,Havel, P.E.
City Engineer
Prepared by: Joe Welter, Engineering Division, Public Works, 410 East Washington Street, Iowa City, Iowa 52240 (319) 356-5144
Resolution No. 25-268
Resolution accepting the work for the 2023-25 Seeding —
Dubuque Street, McCollister Boulevard, and Landfill Project
Whereas, the Engineering Division has recommended that the work for construction of the 2023-25
Seeding - Dubuque Street, McCollister Boulevard, and Landfill Project, as included in a contract
between the City of Iowa City and Stevens Erosion Control, Inc. of Hills, Iowa, dated August 2, 2023,
be accepted; and
Whereas, the Engineer's Report and the Performance, Payment and Maintenance Bond have been
filed in the City Clerk's office; and
Whereas, funds for this project are available in the McCollister Blvd - Gilbert to Sycamore account
# S3934; and
Whereas, the final contract price is $186,659.50.
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 18th day of
Attest:
City 6erk
November .2025
C
Mayor
It was moved by salih and seconded by
adopted, and upon roll call there were:
Ayes:
Nays:
Approved by
G .
City Attorn 's Office
(Liz Craig - 11 /13/2025)
Moe the Resolution be
Absent:
Alter
Bergus
Harmsen
Moe
Salih
Teague
Weilein