Improvement Contracts / Performance, Payment, and Maintenance BondsCity of Dubuque
City Council
ITEM TITLE:
1411 LT, I►Ti /_1 Zvi
SUGGUESTED
DISPOSITION:
ATTACHMENTS:
Copyrighted
October 6, 2025
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Improvement Contracts / Performance, Payment, and
Maintenance Bonds
Eastern Iowa Excavating and Concrete, LLC for the Rustic
Point Park Development Project.
Receive and File; Approve
1. Rustic Point Park Development Contract
Page 342 of 1264
THE CITY OF
DUB E
Masterpiece on- the Mississippi
RUSTIC POINT PARK
DEVELOPMENT
PROJECT
CONTRACT DOCUMENTS
MANUAL
THE IOWA STATEWIDE URBAN DESIGN AND SPECIFICATIONS (SUDAS) 2025 EDITION,
SHALL APPLY TO THIS PROJECT. THEY ARE AVAILABLE ONLINE AT:
CITY OF DUBUQUE SUPPLEMENTAL SPECIFICATIONS 2023 EDITION,
SHALL APPLY TO THIS PROJECT. THEY ARE AVAILABLE ONLINE AT:
htt s: www.ci ofdubu ue.or DocumentCenter View 55134 2023-SUDAS-Cit-of-Dubu ue-Su lemental-S ecifications
CITY OF DUBUQUE 2019 STREET LIGHTS & TRAFFIC SIGNAL SUPPLEMENTAL SPECIFICATIONS,
SHALL APPLY TO THIS PROJECT. THEY ARE AVAILABLE ONLINE AT:
http://www.cityofdubugue.org/DocumentCenter/View/``18094
CITY OF DUBUQUE 2011 WATER DISTRIBUTION DIVISION STANDARDS & SPECIFICATIONS FOR WATER MAINS AND
APPURTENANCES, SHALL
APPLY TO THIS PROJECT. THEY ARE AVAILABLE ONLINE AT:
http://www.cityofdubugue.orgjDocumentCenter/View/15529
CITY OF DUBUQUE
PARKS AND RECREATION
DEPARTMENT
001,110-1914 _1
Adopted Date: April 17, 2018
Date Issued: August 19, 2025
Page 343 of 1264
PROJECT DIRECTORY PAGE
SECTION 00101
Rustic Point Park Development.
4418 Rustic Point Lane
Dubuque, IA
101.1 Authorized Parties:
SECTION 00101
Page 1 of 1
The following contacts are the authorizing representatives for each of the
parties, if a change is to be made to the Contract the following
representatives must be contacted and approve of the change.
JURISDICTION/GOVERNMENT
ENTITY REPRESENTATIVE
City of Dubuque
2200 Bunker Hill Road
Dubuque, Iowa 52001
Project Contact:
Name: Steve Fehsal
Title: Interim Parks & Recreation
Director
Department: Parks & Recreation
Email: sfehsal@cityofdubuque.org
Phone: 563-589-4260
LANDSCAPE ARCHITECT'S
REPRESENTATIVE
Ritland+Kuiper Landscape Architects
501 Sycamore Street, Mezzanine A
Waterloo, IA 50703
Proiect Contact:
Name: Samantha Price
Title: Landscape Architect
Email: samantha@ritiandkuiper.com
Phone: 319-233-8090
ENGINEER'S REPRESENTATIVE
WHKS & Co.
801 Bluff Street, Suite 2C
Dubuque, IA 52001
Project Contact:
Name: Kevin Podstawa, P.E.
Title: Project Manager
Email: kpodstawa@whks.com
Phone: 563-239-9393
CONTRACTOR'S
REPRESENTATIVE
Contractor Name
Contractor Address
City, State, Zip Code
Project Contact:
Name: Name
Title: Title
Email: Email
Phone: Phone
Page 344 of 1264
SECTION 00101
Page 2 of 2
101.2 OTHER CONTACT INFORMATION:
PUBLIC ENGAGEMENT'S
REPRESENTATIVE
Lovely City Consulting
801 Bluff Street, Suite 2C
Dubuque, IA 52001
Project Contact:
Name: Candace Eudaley-Loeback, MS
Title: Owner
Email: candace@thelovelycity.com
Phone: 563-580-7212
END OF SECTION 00101 =___
Page 345 of 1264
SECTION 00500
Page 1 of 6
PUBLIC IMPROVEMENT CONTRACT
SECTION 00500
RUSTIC POINT PARK DEVELOPMENT
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references
purposes the 15th day of September, 2025, between the City of Dubuque, Iowa, by its City Manager,
through authority conferred upon the City Manager by its City Council (City), and Eastern Iowa
Excavatinq and Concrete, LLC (Contractor).
For and in consideration of the mutual covenants herein contained, the parties hereto agree
as follows:
CONTRACTOR AGREES:
1. To furnish all material and equipment and to perform all labor necessary for the
Rustic Point Park Development (Project).
2. CONTRACT DOCUMENTS
A. The Contract Documents consist of the following:
1. Project Title Page (Section 00100).
2. Project Directory Page (Section 00101).
3. This Public Improvement Contract (Section 00500).
4. Performance, Payment, and Maintenance Bond (Section 00600).
5. Out -of -State Contractor Bond (Section 00610).
6. Other Bonds:
a. (Bond Name)____ (pages _ to , inclusive).
b. (Bond Name)_ (pages _ to , inclusive).
C. (Bond Name)_ (pages_ to __.. , inclusive).
7. The Iowa Statewide Urban Design And Specifications (SUDAS) 2017 Edition.
8. CITY OF DUBUQUE Supplemental Specifications 2017 Edition.
9. Other Standard and Supplementary Specifications as listed on the Title Page of the
Contract. Document Manual.
10.Special Provisions included in the project Contract Document Manual.
11. Drawings —Sheet No. A0.01 through No. UO.04 (24 pages) or drawings consisting of
sheets bearing the following general title:
Rustic Point Park Development
12.Addenda (numbers 1 to 1 , inclusive).
13.Insurance Provisions and Requirements (Section 00700).
14. Sales Tax Exemption Certificate (Section 00750).
15. Site Condition Information (Sectlon 00775).
16. Construction Schedule and Agreed Cost of Delay (Section 00800).
Page 346 of 1264
SECTION 00500
Page 2of6
17. Erosion Control Certificate (Section 00900).
18.Consent Decree (Section 01000).
19.Other Project Information and Permits (Sections 01100 - 00000).
20. Exhibits to this Contract (enumerated as follows);
a. Contractor's Bid (pages 1 to 5 inclusive).
b. Bidder Status Form (Section 00460).
c. The following documentation that must be submitted by Contractor prior to Notice
of Award.
i. Contractor Background information Form (Section 00471)
ii.
iii.
21.The following which may be delivered or issued on or after the Effective Date of the
Agreement:
a. Notice to Proceed (Section 00850).
b. Project Certification Page (Section 00102).
c. Change Orders (Not attached to this agreement).
There are no other Contract Documents. The Contract Documents may only be amended,
modified, or supplemented as provided in General Conditions.
3. All materials used by the Contractor in the Project must be of the quality required by the
Contract Documents and must be installed in accordance with the Contract Documents,
4. The Contractor must remove any materials rejected by the City as defective or improper, or
any of said work condemned as unsuitable or defective, and the same must be replaced or
redone to the satisfaction of the City at the sole cost and expense of the Contractor.
5. Three percent (3%) of the Contract price will be retained by the City for a period of thirty (30)
days after final completion and acceptance of the Project by the City Council to pay any claim
by any party that may be filed for labor and materials done and furnished in connection with
the performance of this Contract and for a longer period if such claims are not adjusted within
that thirty (30) day period, as provided in Iowa Code Chapter 573 or Iowa Code Chapter 26.
The City will also retain additional sums to protect itself against any claim that has been filed
against it for damages to persons or property arising through the prosecution of the work and
such sums will be held by the City until such claims have been settled, adjudicated or
otherwise disposed of.
6. The Contractor has read and understands the Contract Documents herein referred to and
agrees not to plead misunderstanding or deception related to estimates of quantity,
character, location or other conditions for the Project.
7. In addition to any warranty provided for in the specifications, the Contractor must also fix any
other defect in any part of the Project, even if the Project has been accepted and fully paid
for by the City. The Contractor's maintenance bond will be security for a period of two years
after the issuance of the Certificate of Substantial Completion.
Page 347 of 1264 1
SECTION 00500
Page 3 of 6
8. The Contractor must fully complete the Project under this Contract on or. before the date
indicated in the Construction Schedule and Agreed Cost of Delay Section of the Contract
Documents,
9. INDEMNIFICATION FROM THIRD PARTY CLAIMS. To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold harmless City, its officers and employees, from
and against all claims, damages, losses and expenses claimed by third parties, but not
including any claims, damages, losses or expenses of the parties to this Contract, including
but not limited to attorneys' fees, arising out of or resulting from performance of this Contract,
provided that such claim,,damages, loss or expense is attributable to bodily injury, sickness,
disease or death, or injury .to; or destruction of property, including loss of use resulting there
from, but only to the extent caused in whole or in part by negligent acts or omissions of
Contractor, or anyone dirbctly:or indirectly employed by Contractor or anyone for whose acts
Contractor may be liablej�,regardless of whether or not such claim, damage, loss or expense
is caused in part by a party indemnified hereunder.
10. The Contractor hereby represents and guarantees that it has not, nor has any other person
for or in its behalf, directly. or indirectly, entered into any arrangement or Contract with any
other Bidder, or with any- public officer, whereby it has paid or is to pay any other Bidder or
public officer any sum of money or anything of value whatever in order to obtain this Contract;
and it has not, nor has another person for or in its behalf directly or indirectly, entered into
any Contractor arrangement with any other person, firm, corporation or association which
tends to or does lessen or destroy free competition in the award of this Contract and agrees
that in case it hereafter be established that such representations or guarantees, or any of
them are false, it will forfeit and pay not less than ten percent (10%) of the Contract price but
in no event less than $2,000.00 (Two Thousand Dollars) to the City.
11. The surety on the Bond furnished for this Contract must, in addition to all other provisions,
be obligated to the extent provided for. by Iowa Code 573.6 relating to this Contract, which
provisions apply to said Bond.
12. The Contractor agrees, and its Bond is surety therefore, that after the Certificate of
Substantial Completion has :been` issued by the City, it will keep and maintain the Project in
good repair for a period of two (2) years.
13. The Project must be constructed in strict accordance with the requirements of the laws of the
State of Iowa, and the :United States, and ordinances of the City of Dubuque, and in
accordance with the Contract Documents.
A. All applicable standards; orders, or regulations issued pursuant to the Clean Air Act of
1970 (42 U. S. C. 1958, (H) et. seq.) and the Federal Water Pollution Act (33 U. S. C.
1368 et. seq.) as arriended, Executive Order 11738, and Environmental Protection
Agency regulations ..(40- CFR, Part 15). Contractor must comply with Section 103 and
107 of the Contract `Work: Hours and Safety Standards Act (40 USC 327-330) and
Department of Labor Regulations (29 CFR, Part 5).
C. Equipment or products authorized to be purchased with federal funding awarded for this
Contract must be American -made to the maximum extent feasible, in accordance with
Public Law 103-121, Sections 606(a) and (b).
D. The City of Dubuque in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat.
252, 42 U.S.C. 2000d-2000d-4 and Title 49, Code of Federal Regulations, Department
Page 348 of 1264
SECTION 00500
Page 4 of 6
of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in
Federally assisted programs of the Department of Transportation issued pursuant to
such Act, hereby notifies all bidders that it will affirmatively insure that in any contract
entered into pursuant to this advertisement, minority business enterprises will be
afforded full opportunity to submit bids in response to this invitation and will not be
discriminated against on the grounds of race, color, national origin, sex, age, or disability
in consideration for an award.
CONSENT DECREE
RELATING TO THE PROJECT
14. ❑ THIS CONTRACTOR IS PERFORMING WORK FOR THE CITY OF D.UBUQU.E RELATED TO
THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY.'S.EWER
COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE ANIb THIS SECTION ARE
APPLICABLE.
CITY CONTRACTOR
THIS CONTRACTOR IS NOT PERFORMING WORK FOR THE CITY OF DUBUQUE
RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY
SEWER COLLECTION SYSTEM. THEREFORE THE CONSENT DECREE AND THIS
SECTION ARE NOT APPLICABLE,
The City has entered into a Consent Decree in the case of The United States'of America, and the State
of Iowa v. The City of Dubuque, Iowa, Civil Action Number Case .2:11;cv-01011-EMJ, Civil Action
Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the Northern
District of Iowa. The provisions of the Consent Decree apply to and are -binding upon the City and its
officers, directors, employees, agents, servants, successors, assigns, and all persons, firms and
corporations under contract with the City to perform the obligations of the Consent. Decree.
The City is required to provide a copy of the Consent Decree to any contractor;or consultant retained to
perform work required by the Consent Decree.
A copy of the Consent Decree . is included in the Contract Documertts`'and, can be viewed at
ht'tp:/Jwww.cityo•fdubugue.or !g DocumentCenter/Home/View13.1 i3_. A. hard � copy is available upon
request at the City's Engineering Department Office.
The City must condition any contract to perform work required under the Consent Decree upon
performance of the work in conformity with the provisions of the Consent Decree.
The Consent Decree also provides that until five (5) years after the termination of the Consent Decree,
the City must retain, and must instruct its contractors and agents to preserve, 'dlfnon�identical copies of
all documents, reports, data, records, or other information (including documents, records, or other
information in electronic form) in its or its contractors' or agents' possession or control, or that come into
its or its contractors' or agents' possession or control, and that relate in any manner to the City's
performance of its obligations under this Consent Decree, including any underlying research and
analytical data. This information -retention period, upon request by the United States or the State, the
City must provide copies of any documents, reports, analytical data, or other information required to be
maintained under the Consent Decree. At the conclusion of the information -retention period, the City
must notify the United States and the State at least ninety (90) Days prior to the destruction of any
Page 349 of 1264
SECTION 00500
Page 5 of 6
documents, records, or other information subject to such requirements and, upon request by the United
States or the State, the City must deliver any such documents, records, or other information to the EPA
or IDNR.
CERTIFICATION BY CONTRACTOR
The undersigned, on behalf of the Contractor, with full authority to act on behalf of the Contractor,
certifies to the City of Dubuque as follows:
1. 1 have received a copy of the Consent Decree in the case of The United States of
America, and the State of Iowa v. The City of Dubuque, Iowa, Civil Action Number
Case 2:11-cv-01011-EMJ, Civil Action Number 2008VO0041, DOJ Case Number 90-
5-1-1-09339, Unified States District Court for the Northern District of Iowa.
2. All work performed will be in conformity with the provisions of the Consent Decree.
3. All documents reports, data, records, or other information (including documents,
records, or other information in electronic form) that relate in any manner to the
performance of obligations under the Consent Decree, including any underlying
research and analytical data, will be retained as required by the Consent Decree,
4. The Contractor agrees to defend, indemnify, and hold harmless the City, its officers,
agents, or employees from and against any claims, including penalties, costs and
fees as provided in the Consent Decree, relating to or arising out of the Contractor's
failure to comply with the Consent Decree.
CONTRACTOR:
Eotstern, a Excavating and Concrete LLC
ontr c
13u.
nature
Chad Demmer
Printed Name
Owner
j Title
Date
Page 350 of 1264
SECTION 00500
Page 6 of 6
THE CITY AGREES:
15. Upon the completion of the Contract, and the acceptance of the Project by the City Council,
and subject to the requirements of law, the City agrees to pay the Contractor as full
compensation for the complete performance of this Contract, the amount determined for
the total work completed at the price(s) stated in the Contractor's Sid Proposal and less
any Agreed Cost of Delay provided for in the Contract Documents.
CONTRACT AMOUNT $ 212,130,10
CITY OF DUBUQUE, IOWA:
City Manager's Office
De rtment
Sig. ature
Michael C. Van Milligen
Printed Name
City Manager
Title
09/29/2025
Date
CONTRACTOR:
Eastern Iowa Excavatina and Concrete, LLC
ontr of
B'Sq
gnature
Chad Demmer
Printed Name
Owner
Title
CU.
Date
= === END OF SECTION 00500 ==
Page 351 of 1264
Bond Number: 101467870
SECTION 00600
Page 1 of 4
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
SECTION 00600
KNOW ALL BY THESE PRESENTS:
That we, Eastern Iowa Excavating & Concrete, L.C. , as
Principal (hereinafter the ``Contractor" or "Principal") and Merchants National Bonding, Inc.
, as Surety are held and firmly bound unto the
City of Dubuque, Iowa, as Obligee (hereinafter referred to as "Owner"), and to all persons who
may be injured by any breach of any of the conditions of this Bond in the penal sum of
Two Hundred Twelve Thousand One Hundred Thirty & 10/100 dollars
($ 212,130.10 ), 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 Owner, bearing date the 15th day of September , 2025
(hereinafter the "Contract") wherein said Contractor undertakes and agrees to construct the
following project in accordance with the Contract Documents, and to faithfully perform all the terms
and requirements of said Contract within the time therein specified, in a good and workmanlike
manner, and in accordance with the Contract Documents. The Contract Documents for Rustic
Point Park Development Project detail the following described improvements:
The extent of the work involved is the furnishing of labor and new materials for the
construction of Rustic Point Park and includes approximately; 534 CY of excavation; 146
Tons of granular subbase; 35 LF of curb and gutter-, 20 SY of 7" PCC pavement; 352 SY of
4" PCC Sidewalk, trees and plants; landscaping; 705 l_F of filter socks; 605 CY of topsoil;
park signs; and new park equipment.
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:
1. PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill, and
abide by each and every covenant, condition, and part of said Contract and Contract
Documents, by reference made a part hereof, for the project, and shall indemnify and save
harmless the Owner from all outlay and expense incurred by the Owner 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
Page 352 of 1264
SECTION 00600
Page 2 of 4
Contractor or any subcontractor, wherein the same are not satisfied out of the portion of the
contract price the Owner 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 Documents within the period of two (2) year(s) from the
date of acceptance of the work under the Contract, by reason of defects in
workmanship, equipment installed, or materials used in construction of said work;
S. To keep all work in continuous good repair; and
C. To pay the Owner's reasonable costs of monitoring and inspection to assure that any
defects are remedied, and to repay the Owner all outlay and expense incurred as a
result of Contractor's and Surety's failure to remedy any defect as required by this
section.
Contractor's and Surety's Contract herein made extends to defects in workmanship or
materials not discovered or known to the Owner at the time such work was accepted.
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 authorized in approved change
orders to the Contractor in which to perform the Contract;
B. To consent without notice to any change in the Contract or Contract Documents,
authorized in approved change orders 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 twenty percent (20%) of the total contract
price, and that this Bond shall then be released as to such excess increase;
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.
Page 353 of 1264
SECTION 00600
Page 3 of 4
The Contractor and every Surety on the Bond shall be deemed and held bound, any contract to the
contrary notwithstanding, to the following provisions:
D. That no provision of this Bond or of any other contract shall be valid that limits to less
than five (5) years after the acceptance of the work under the Contract the right to sue
on this Bond.
E. That as used herein, the phrase "all outlay and expense" is not to be limited in any
way, but shall include the actual and reasonable costs and expenses incurred by the
Owner 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, attorney's
fees (including overhead expenses of the Owner's staff attorneys), and all costs and
expenses of litigation as they are incurred by the Owner. It is intended the Contractor
and Surety will defend and indemnify the Owner on all claims made against the
Owner 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 Owner will be fully indemnified so that it will be put into the position it would
have been in had the Contract been performed in the first instance as required.
In the event the Owner 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 Owner whole for all such outlay and expense,
provided that the Surety's obligation under this Bond shall not exceed one hundred twenty-five
percent (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 Dubuque County, State of Iowa. If legal action is required by the Owner
to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of
the Owner, the Contractor and the Surety agree, jointly, and severally, to pay the Owner all outlay
and expense incurred therefor by the Owner. All rights, powers, and remedies of the Owner
hereunder shall be cumulative and not alternative -and -shall bo in addition to all rights, powers, and
remedies given to the Owner, by law. The Owner 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, in the Contract
Documents, 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, the Contract, or the Contract Documents; second, if not defined in the Bond,
Contract, or Contract Documents, it shall be interpreted or construed as defined in applicable
I
Page 354 of 1264
SECTION 00600
Page 4 of 4
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 and Contract Documents are hereby made a part of this
Bond.
Project No. 3043000076
Witness our hands, in triplicate, this. 22nd I day of September 2025.
SURETY COUNTERSIGNED BY:
N[A
Signature of Agent
Printed Name of Agent
Company Address
State, Zip Code
on&
'PTO n ph Number
RFt`tN�IPArL.
-Ii6 Excavating & Concrete, L.C.
Printed Name
Title
FORM APPROVED BY:
Representative for Owner
Merchants National Bonding; Inc.
Grace [3ickinson,Attorney-in-Fact&]AFTeeidentAgent
Printed Name of Attorney -in -Fact Officer
Holmes, Murphy and Associates LLC
Company Name
2727 Grand Prairie Parkway
Company Address
Waukee, [A 50263
City, State, Zip Code
(516) 223-6800
Company Telephone Number
1 All signatures on this performance, payment, and maintenance Bond must be original
signatures in ink; copies, facsimile, or electronic signatures will not be accepted.
2. This Bond must be seated with the Surety's raised, embossing seal.
3. The name and signature of the Surety's Aftomey-in-FactlOfficer entered on this Bond
must be exactly as listed on the Certificate or Power of Attorney accompanying this
Bond.
END OF SECTION 00600
Page 355 of 1264
MERCHANTS
BONDING COMP:A.NYM
POWER OF ATTORNEY
KnowAll Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
both being corporations of the State of Iowa, and MERCHANTS NATIONAL INDEMNITY COMPANY, an assumed name of Merchants
National Bonding, Inc., (herein collectively called the "Companies") do hereby make, constitute and appoint, individually,
Altssa Cahalan; Anne Crowner; Ashlea McCaughey; Austin Muehlschlegel; Ben Williams; Brian J Oestreich; Brian M Deimerly; Cameron M Burt;
Colby D White; Connor Oberg; Craig E Hansen; Dione R Young; Donald E Appleby; Douglas Muth; Ginger Hoke; Grace Dickinson; Grace
Rasmussen; Graydon Dotson; Greg Krier; Jamie Gifford; Jay D FreierMuth; Jenni Marino; Jessie Allen; Joe Tiernan; John Cord; Joseph Cardinal;
Joshua R Loftis; Kate Zanders; Keeton Welch; Kristine M Becks; Lindsey Minutillo; Mark R DeWitt; Mark Sweigart; Melinda C Blodgett; Michelle
Morrison; Michelle R Gruis; Nathan Weaver; Nicole Stillings; R C Bowman; Ryan Olivia E Lundy; Sandra M Engstrum; Sara Huston; Sarah C
Brown; Seth Rooker; Taylor Fogle; Ted Jorgensen; Tim McCulloh; Todd Bengford; Zarb Fuller
their true and lawful Attorney(s)-in-Fact, to sign Its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written Instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons,
guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted In any 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 By -Laws adopted by the Board of Directors of
the Companies.
"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 o 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 authority hereby given to the
Attorney -in -Fact Includes any and all consents for the release of retained percentages andfor 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 11 th day of August 2025
MERCHANTS BONDING COMPANY (MUTUAL)
p1taG Cp
,.•+"tQNq °••
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MERCHANTS NATIONAL BONDING, INC,
•.�4,•.QRPO}�;4f-p'� Scp:�gC+ Rq':�ra'•
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MERCHANTS NATIONAL INDEMNITY COMPANY
Zi
1933 �'
.+'3�''• ; �,�'1'.•day'``
c 2003 ;oar
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By
STATE OF IOWA
COUNTY OF DALLAS ss.
On this . 11th day of August 2025 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), MERCHANTS NATIONAL BONDING, INC„ and MERCHANTS
NATIONAL INDEMNITY COMPANY; 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.
by jA�s Penni.Miiler :..;
o commisslon Number 787952
• My CammiEsian Explres
ItIyJR January 20, 2027 '°•
(Expiration of notary's commission Notary Public
does not Invalidate this Instrument)
I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL), MERCHANTS NATIONAL BONDING, INC., and
MERCHANTS NATIONAL INDEMNITY COMPANY 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 orrevoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 22nd day of September , 2025 .
,yam oaQORd; gy�.�ypPoR•�o•
,y,i. p.
:u 1933 ?y: :Zak 2003irbi
Secretary
POA 0018 (5/25)
Page 356 of 1264
Page 357 of 1264
SECTION 01 1100
Page 1 of 8
SECTION 01 11 00
SPECIAL_ PROVISIONS
PART 1 GENERAL
1.01 PROJECT SCOPE
A. Construction of Rustic Point Park.
B. Associated sitework
1.02 RELATED SECTIONS
A. Section 01 25 00 — Playground Equipment and Structures
B. Section 32 91 00 — Soil Preparation
C. Section 32 93 00 — Plant Materials
1.03 SOIL CONDITIONS
A. The Contractor shall accept the existing soil conditions at the site and shall make the excavations
required in the Plans and Specifications. Structural or piping changes required by unforeseen soil
conditions will be compensated for as provided by the extra work provisions of the Specifications.
B. The soils report is reproduced elsewhere in these specifications for the Contractor's convenience
and is not known to be typical of the soil conditions at the site and it is not to be implied or inferred
that these borings do in fact represent actual conditions at the site. Bidders are invited to make
any soil borings or site determinations, which they deem necessary for preparation of their bids
and proper execution of the Contract requirements.
1.04 ROCK EXCAVATION
A. Rock is defined as solid rock lying in the natural position in which it was formed and cannot be
excavated without the aid of hammering or blasting. Material that is able to be excavated by
ripping the material with a standard rock bucket is not considered rock excavation. If tines of the
rock bucket are "smoked" on the material, it shall be considered rock excavation. Actual volumes
for rock excavation shall be measured and approved by the Engineer in the field in coordination
with the Contractor.
B. Use blasting only with written permission of the Engineer. Contractor shall be responsible for any
permits required for transport, storage, handling, or usage of explosives. Do not bring or store
explosives on the site or use in the work without the prior written permission of all authorities
having jurisdiction there -over. The Contractor shall be solely responsible forthe handling, storage
and use of explosive materials if and when permission as required above is obtained.
C. Blasting will be permitted only when proper precautions are taken for the safety of all persons,
the work, and the property. All damage done to the work or property shall be repaired at the
Contractor's expense. All operations of the Contractor in connection with the transportation,
storage, and use of explosives shall conform to all state and local regulations and explosive
manufacturers' instructions, with applicable approved permits submitted to the Engineer. Any
approval given, however, will not relieve the Contractor of his/her responsibility in blasting
operations.
D. Where blasting is approved, the Contractor shall employ a vibration consultant, approved by the
Engineer, to advise on explosive charge weights per delay and to analyze records from
seismograph recordings. The seismograph shall be capable of producing a permanent record
of the three components of the motion in terms of particle velocity, and in addition shall be
capable of internal dynamic calibration.
E. In each distinct blasting area, where pertinent factors affecting blast vibrations and their effects
in the area remain the same, the Contractor shall submit a blasting plan of the initial blasts to
Page 358 of 1264
SECTION 01 11 00
Page 2of8
the Engineer. This plan must consist of hole size, depth, spacing, burden, type of explosives,
type of delay sequence, maximum amount of explosive on any one delay period, depth of rock,
and depth of overburden if any. The maximum explosive charge weights per delay included in
the plan shall not be increased without notifying engineering.
F. The Contractor shall keep a record of each blast fired -its date, time, and location; the amount of
explosives used, maximum explosive charge weight per delay period, and, where necessary,
seismograph records identified by instrument number and location.
G. These records shall be made available to the Engineer on a daily basis or in tabulated form at
other times as required.
H. The basis of payment for any rock excavation shall be priced per cubic yard at an agreed upon
unit cost. All rock excavation shall be approved by the Engineer prior to excavation.
1.05 INVESTIGATION OF THE SITE AND ORAL AGREEMENTS
A. The Contractor shall investigate the nature and location of the work, the general and local
conditions including but not limited to existing electrical distribution and other utilities,
transportation, disposal, handling, and storage of materials, availability of labor, water, electric
power, fuel, roads and uncertainties of weather, ground water table or other physical conditions
at the site, the conformation and condition of the ground, the character, quality and quantity of
surface and subsurface materials to be encountered and the character of equipment and facilities
needed prior to and during the prosecution of the work. The Contractor's failure to properly
conduct such investigation shall not relieve him/her from the responsibility for performing the work
for the Contract Sum.
B. No oral agreement or conversation with any officer, agent or employee of the Owner or the
Engineer, either before or after the execution of this contract, shall effect or modify any of the
terms or obligations contained in the Contract Documents.
1.06 LEGAL PLATS AND CONSTRUCTION LAYOUT
A. The Owner will furnish all legal plats describing the construction area, if required, and the
Contractor shall, immediately upon entering the project site for the purpose of beginning work,
locate reference points and survey monuments and take such actions as are necessary to
prevent their destruction. The Contractor shall verify existing conditions shown on the drawings
before constructing any work and shall correct without additional charge to the Owner any defects
in the work resulting from his failure to perform this verification.
B. The Contractor shall at his/her own expense lay out the work which shall include responsibility
for all lines, elevations and measurements of buildings, grading, paving, utilities, and other work
executed by him/her under the Contract. The Contractor shall verify existing conditions shown on
the drawings before laying out any work and shall correct without additional charge to the Owner
any defects in the work resulting from his/her failure to perform this verification. The Owner will
furnish horizontal and vertical control sufficient to use as a basis for staking the project. This will
consist of one or more benchmarks and one or more base lines.
C. If, in thecourse of construction, survey monuments are destroyed, the Contractor shall be held
responsible for replacement. If replacement is necessary, the Contractor shall, prior to final
payment,'obtain the services of a licensed surveyor who shall reestablish all such monuments
with reference at no cost to the Owner.
D. The Contractor shall indemnify and hold harmless the Owner and Engineer from liability of any
kind arising from any use, trespass, or damage occasioned, in whole or in part, by his/her
operation on premises of a third person.
1.07 SCHEDULE AND SEQUENCE OF CONSTRUCTION
A. Within fourteen days after issuance of the Notice to Proceed, the Contractor shall submit to the
Engineer a balanced breakdown of the Contract Amount showing the value assigned to each part
Page 359 of 1264
SECTION 01 11 00
Page 3 of 8
of the project. Upon approval of the Contract Amount by the Engineer, the breakdown will be
used as the basis for all Requests for Payment.
B. The Contractor shall also submit to the Engineer at or before the Preconstruction Conference a
planned sequence of construction, indicating the order and approximate dates of initiation and
completion of each element of the project. The Contractor shall coordinate work to minimize the
amount of time the lift station is out of service during the switchover.
1.08 OBSERVATION AND TESTING
A. All work performed and all material and equipment furnished by the Contractor shall strictly
conform to the drawings and specifications. Competent labor, mechanics, and tradesmen shall
be used on all work.
B. The acceptance at any time of the materials by or in behalf of the Owner shall not bar the Owner
from future rejection, if they are subsequently found to be defective or inferior in quality or
uniformity to the material specified.
C. Whenever the Engineer shall reject any material, such material shall be removed at once from
the line of work at the Contractor's expense, and shall not be brought back.
D. The Engineer shall have the right to observe and witness routine testing of all work and materials
covered by the specifications. He/she shall have the right to review the manner in which special
or requested tests are conducted.
E. The Contractor will obtain a Testing Laboratory and pay for soil investigation and tests including
soil proctors and density tests, which meet the specification requirements. The Contractor will
also obtain a Testing Laboratory and pay for satisfactory compression and/or flexural tests on
concrete specimens made by the Testing Laboratory from materials furnished by the
Contractor. Three cylinders shall be tested for compressive strength for each 100 cubic yards of
concrete poured.. For volumes of concrete under 100 cubic yards, a minimum of three cylinders
shall be tested for each pour. Air content, slump and temperature shall be recorded for all
concrete samples taken by the contractor. The Contractor shall pay for all of the above tests and
any additional testing where the soil densities or the concrete specimens fail to comply with
specification requirements. The Contractor shall pay for the cast 'of any re -testing by coring of
hardened concrete required because of failure of original tests. No separate payment will be
made to the Contractor for such testing as such costs shall be considered subsidiary to work for
which payment is made. If, however, in the event that personnel from the Testing Laboratory are
not on the job site during the placing of concrete, then it shall be the Contractor's responsibility
to obtain and store concrete test specimens, made at the job site, for delivery to the Testing
Laboratory. No concrete shall be placed unless said test specimens are made. All other tests
required to be performed by the Specifications shall be performed by an approved independent
Testing Laboratory and the cost thereof shall be paid by the Contractor unless otherwise
specifically stated in the Specifications.
F. Work rejected by the Engineer shall be replaced with acceptable work at the expense of the
Contractor.
G. Any inspections, tests or approval of waiver of tests shall not in any way relieve the Contractor of
full responsibility for furnishing apparatus, equipment and all materials meeting the guaranteed
performance and requirements of the Contract.
H. Payment for observation and testing items listed here shall be incidental to sitework.
1.09 MATERIALS AND EQUIPMENT
A. All materials and equipment shall be new and unused unless otherwise specified, shall be of
good quality, free from faults and defects, and shall meet or exceed the requirements of the
specifications.
Page 360 of 1264
SECTION 01 1100
Page 4 of 8
1.10 CROSS REFERENCES
A. The cross references listed in several Sections of these Specifications shall be used as a general
guide only and shall not determine or limit the extent of the work required by the balance of the
Specifications or Drawings.
1.11 SPECIFICATIONS
A. When work is specified to comply with Iowa Statewide Urban Design and Specifications (SUDAS)
or City of Dubuque Supplemental Specifications, the latest edition of all standards shall apply,
except that the Contractor will be solely responsible for the means, methods, techniques,
sequences, procedures of construction, safety requirements and first aid requirements and any
portion of said Standard Specification which infer otherwise shall be disregarded. The Contractor
shall be responsible to see that the finished work complies accurately with the Contract
Documents.
B. For discrepancies between SUDAS and City of Dubuque Supplemental Specifications, The City
of Dubuque Supplemental Specifications shall govern.
1.12 APPLICABLE CODES AND REGULATIONS
A. All work shall conform to the requirements of all National, State or local laws, ordinances, building
codes or other regulations that are in effect at the place of work.
1.13 SHOP DRAWINGS AND SAMPLES
A. The following list of submittal items is not intended to be all-inclusive but rather to be a list of
major equipment items which require submittals.
1. Natural Play Equipment
2. Pre -fabricated park shelter
3. Benches
4. Picnic table
5. Tables
6. Chairs
7. Trash receptacle
8. Park signs
9. Trees
10. Shrubs
11. Perennials
1.14 PROGRESS AND COMPLETION
A. The work shall be commenced and completed within the time limits stated in the Bid
Announcement.
B. The Contract Time may be extended by the Owner in an amount equal to the time lost due to
delays beyond the control of the Contractor if he/she makes a claim therefore in accordance with
the General Conditions. Such delays shall include delays caused by fire, flood, labor strikes,
epidemics, abnormal weather conditions, or Acts of God. A weather condition which is not more
extreme than has occurred at the closest official weather recording stations in the most recent
five-year period will not be considered an abnormal weather condition. The term "Act of God" as
used herein above shall be defined as an inevitable accident, such as an extraordinary
interruption of the usual course of events that no experience, foresight or care which might
reasonably have been expected could have foreseen or guarded against it, as lightning or
tornadoes.
Page 361 of 1264
SECTION 01 1100
Page 5 of 8
1.15 SUNDAYS, HOLIDAYS AND OVERTIME
A. - Any work -necessary to be performed after regular working hours, on -Sundays, or legal holidays,
shall be performed without additional expense to the Owner. Additionally, the Contractor shall
reimburse the Owner for additional Engineering expenses incurred during such period of Sunday,
legal holiday or after regular working hours when work is being performed.
1.16 WORK IN COLD WEATHER
A. During cold weather construction operations, the Contractor shall protect all work, heat materials
and provide sufficient temporary heat for drying, curing and conditioning of materials.
1.17 SALES TAX, PERMITS, LICENSES AND MISCELLANEOUS FEES
A. Refer to Notice To Bidders section for state sales tax Information.
B. The Contractor shall be responsible for obtaining all the necessary permits and licenses required
by law. Any utility connection charges or other miscellaneous fees shall be paid by the
Contractor.
1.18 ENVIRONMENTAL PROTECTION
A. The Contractor is required to rigorously control the work so that the environment including air,
water, and land is not environmentally damaged by dust, runoff, erosion, and/or noise during the
course of construction. When spoil from earthwork is stored as part of the Contract work, it will
be protected by barriers or dikes to prevent erosion of spoil material and runoff of solids to any
stream or other body of water. To ensure adequate erosion and sedimentation control, the
Contractor shall be familiar with the following manuals:
B. EPA-1327-2015 "Guidelines for Erosion and Sedimentation Control Planning and
Implementation", (August, 1972)
C. EPA 430/9-73-007 "Processes, Procedures and Methods to Control Pollution Resulting from all
Construction Activity", (October, 1973).
D. In accepting the Contract, the Contractor accepts full liability for any lawsuits brought by any
person, corporation or agency as a result of environmental damage caused by the construction
work.
E. Erosion and sediment control shall be constructed prior to the start of grading operations, and
shall remain functioning until turf is re-established. Payment for erosion and sediment control
shall include compensation for their maintenance and removal. This shall also include removal
of all silted materials and turf establishment at erosion control locations.
F. Any displacement of erosion control by surface drainage shall be considered defective
work. Clean up and disposal of all materials, which are carried downstream, shall be included
along with other required repair work.
G. See the drawings for additional requirements for the Storm Water Pollution Prevention Plan.
1.19 HISTORICAL/ARCHAEOLOGICAL
A. If, during the course of construction, evidence of deposits of historical or archaeological interest
is found, the Contractor shall cease all operations affecting the find and shall notify the Owner
who shall notify the Iowa Department of Natural Resources and the State Historic Preservation
Officer, Iowa State Historical Society. No further disturbance of the deposits shall ensue until. the
Contractor has been notified by the Owner that he may proceed. The Owner will issue a Notice
to Proceed only after the appropriate State official has surveyed the find and made a
determination of value and effect and submitted such determination to Iowa Department of
Natural Resources and the Owner. Compensation to the Contractor if any, for lost time or
changes in construction to avoid the find, shall be determined in accordance with changed
conditions or change order provisions of the specifications.
Page 362 of 1264
SECTION 01 11 00
Page 6 of 8
1.20 ENGINEER -ARCHITECT REFERENCES
A. References to Engineer, Architect -Engineer or Architect in these contract documents are to be
considered as synonymous.
1.21 RECORD DRAWINGS
A. The Contractor shall maintain at the construction site one complete set of drawings suitably
marked to show all deviations from the original set of drawings and other information as
specified. Supplementary sketches shall be included, if necessary, to clearly indicate all work as
constructed.
B. All work shall be clearly shown and the record drawings shall be satisfactory to the Owner in
order to insure that adequate information is indicated to show the actual construction. One
complete set of the record drawings shall be furnished to the Engineer prior to submittal of the
final Application for Payment. Failure of the Contractor to maintain an up-to-date set of record
drawings on the project site shall be reason to withhold payments. All underground lines shall
be referenced to surface landmarks so the exact location can be determined from the record
drawings.
1.22 ITEMS INCIDENTAL TO THE PROJECT
A. Items indicated on the plans and not listed separately on the Proposal Form shall be included in
the construction as part of the Contractor's responsibility at no additional cost to the Owner.
1.23 PRECEDENCE WITHIN THE SPECIFICATIONS
A. Should any of the items of these Special Provisions conflict with any other items of the Contract
Documents, these Special Provisions shall govern.
1.24 EXISTING UTILITIES
A. The Contractor shall contact the utility companies having existing facilities in the project area to
determine the exact location of their buried facilities. It shall be the Contractor's responsibility to
inform, periodically, the affected utility managers of his/her operations.
B. The Contractor shall protect the identified facilities from damage due to his/her operations. The
Contractor shall be responsible for any damage to located and identified facilities.
C. Utility locations shown on the plan sheets are approximate only. The Contractor shall call Iowa
One Call, 800-292-8989 for actual utility locates prior to construction.
1.25 PROTECTION OF WORK AND PROPERTY
A. The Contractor is responsible for job -site safety and for protection of workers and the public from
construction site hazards. The Contractor shall continuously maintain adequate protection of all
work from damage and shall protect the Owner's property from injury or loss arising in connection
with this contract.
B. The Contractor shall confine the work to the limits of the easements or right-of-way provided for
the construction. The Contractor will be held responsible for any damages sustained to adjoining
public or private property as a result of the work and shall restore and replace all such damaged
property at his/her expense. Any damage to paved areas or rutting and damage to grass areas
shall be restored and replaced at no additional cost to the Owner.
C. The Contractor shall not encroach into existing floodplains with any structure, paving, or grading.
1.26 REMOVALS AND EXCESS EXCAVATION
A. All removals, excess earth, pavement debris, and other materials removed for the project
construction will become the property of the Contractor. The Contractor shall dispose of and/or
Page 363 of 1264
SECTION 01 1100
Page 7 of 8
stockpile these items in accordance with applicable laws and regulations or as otherwise directed
by the Owner.
1.27 CLEANUP
A. The term "cleanup" applies to the backfilling and compaction of trenches and related excavation,
the removal of excess materials, the cleaning of streets adjacent to construction, the shaping of
ditches and grassed areas, the replacement of removed driveways, sidewalks and street paving,
and related work necessary to restore the construction area to its original condition and usability.
B. Unnecessary delay by the Contractor in cleanup may result in the suspension of further
construction until such cleanup is completed.
1.28 TEMPORARY STORAGE
A. Limited temporary storage of materials on city property adjacent to work areas maybe permitted
when approved by the Engineer, provided such storage does not interfere with the safety of the
public or vehicular access to adjacent properties.
1.29 STREET CLOSINGS
A. The Contractor shall notify the appropriate City officials at least 48 hours prior to closing any
streets. Warning signs and barricades shall be provided to adequately alert motorists to the
closed streets.
1.30 SIGNS AND BARRICADES
A. The Contractor shall furnish, erect and maintain all signs, barricades, fencing, etc. to adequately
mark and protect the construction area. Flashing lights shall be provided for nighttime marking.
1.3.1 SAFETY AND HEALTH REQUIREMENTS
A. The Contractor shall be responsible for initiating, maintaining, and supervising all safety
precautions and programs for their employees in connection with the work. Furthermore, the
Contractor is responsible to provide a safe work site for employees and/or representatives of the
owner.
B. The Contractor shall comply with all Federal, State and local safety requirements. The Contractor
shall have a current safety plan and a designated safety officer. Copies of the plan shall be made
available to the Owner at the pre -construction conference.
C. Safety inspections will be discussed at the preconstruction conference. The Contractor's safety
officer will conduct a site safety inspection prior to the beginning of the work, and the Contractor
shall file a copy of the report with the Owner. The Owner may require additional safety
inspections to be performed as the work progresses.
D. Manholes are confined spaces. Contractor is responsible for following all applicable confined
space entry procedures and requirements.
1.32 PROTECTION OF TREES AND PLANTS
A. N/A.
1.33 DEWATERING
A. Dewatering for this project, if required, shall be incidental to the construction. Contractor is
responsible for disposal of water and all effects of dewatering, including noise caused by
equipment and erosion caused by operations. Owner does not pay for erosion control structures
used in dewatering operations.
Page 364 of 1264
PART 2 PRODUCTS (NOT USED)
PART 3 EXECUTION (NOT USED)
====END OF SECTION 01 11 00====
SECTION 01 11 00
Page 8 of 8
Page 365 of 1264
SECTION 32 91 00
SOIL PREPARATION
GENERAL
1.01 RELATED DOCUMENTS
SECTION 32 91 00
Page 1 of 4
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 1-Specification sections, apply to work of this section.
1.02 DESCRIPTION
This section covers preparing the ground surface in accordance with this specification at the
locations indicated on the drawings.
A. Soil Preparation includes, but is not limited to, the following:
Establishing grades on site with native topsoil and compaction.
1. Fine grading and fertilizing.
PART 2 PRODUCTS
2.01 IMPORTED OR NATIVE TOPSOIL
A. Topsoil shall be a natural friable soil, possessing characteristics of representative productive soils
in the vicinity from which it is obtained.
B. Topsoil shall be classified according to the USDA soil textural classification. USDA definitions are
as follows:
Sand — 270 mesh (0.05mm) to 18 mesh (1.0mm)
Silt — 0.002mm to 0.05mm
Clay — < 0.002mm
C. Topsoil shall be blended and contain the following components by percentage:
Component USDA
Criteria
Silt
<— 40%
Clay
< 20%
Sand
>_40%
H
5 to 7.6
Organic Matter
1 to 3%
D. The topsoil shall be free from subsoil, clay lumps, stones or similar objects larger than 1/2 inch in
greatest diameter, brush, stumps, roots, objectionable weeds or litter, excess acid or alkali, or any
other material or substance which may be harmful to plant growth or a hindrance to subsequent
smooth grading, planting and maintenance operations. Foreign material shall not exceed 2% by
volume or weight.
2.02 PROCESSED SAND
A. Sand shall be uniform coarse sand screened and washed and complying with Section 4110 of the
Iowa DOT Standard Specifications, Gradation No. 1.
Page 366 of 1264
SECTION 32 91 00
Page 2 of 4
2.03 IMPORTED COMPOST
A. Compost shall be an organic substance produced by the biological and biochemical
decomposition of source -separated compostable materials separated at the point of waste
generation that may include but are not limited to leaf and yard trimmings, food scraps, food
processing residues, manure and/or other agricultural residuals, forest residues and bark and
soiled and/or unrecyclable paper and biosolids.
B. Compost used in the production of compost -amended loam (C.A.L.) shall contain no visible
admixture of refuse or other physical contaminants nor any material toxic to plant growth.
Compost shall meet the following additional specifications.
1. Minimum organic material shall be 30% (dry weight basis) as determined by loss on
ignition.
2. Moisture content shall be less than 60%, and the product shall be loose and friable not
dusty.
3. Particle size shall be 100% less than 1.0 inch.
4. Soluble salts shall be less than 5.0 mm hos/cm (dSm).
5. Stability —Stable and mature product.
6. Compost pH shall be between 6.0-8.0.
C. APPROVED COMPOST SOURCES: Compost provided for this project shall come from an
approved source and have documented lab analysis to meet the above specifications.
* Bluestein Solid Waste Agency *Organic Matters
6301 Kirkwood Blvd SW, PO Box 2068 500 W Main
Cedar Rapids, IA 52406 Robins, IA 52328
*Davenport Compost Facility
2707 Railroad Ave., PO Box 3606
Davenport, IA 52802
FERTILIZERS
D. Fertilizers shall be uniform in composition, delivered to the site fully labeled in conformance with
applicable state fertilizer laws and bear the analysis, trade names, or trademark and warranty of
the producer.
E. Apply fertilizer to all areas to be seeded. Apply only when soil is in a tillable condition (i.e., not
excessively wet, dry, or frozen).
F. Apply fertilizer at the rate specified, taking care to assure an even distribution of material. Work
fertilizer into top 1" of soil by disk, spike tooth harrow or other equipment. Re -work as necessary
to leave area ready for seeding or sodding operations.
PART 3 EXECUTION
GRADING
Page 367 of 1264
SECTION 32 91 00
Page 3 of 4
A. General: Uniformly grade areas within limits of grading under this section, including adjacent
transition areas. Smooth finished surface within specified tolerances, compact with uniform levels
or slopes between points where elevations are indicated or between such points and existing
grades.
B. Grading for Seeded Lawn Areas: Grade areas to drain away from structures at a 2% minimum
slope and to prevent ponding of water. Finish surfaces shall be free from irregular surface
changes. The words "finished grades," as used herein, mean the required final grade elevations
indicated on the drawings after seeding.
C. Portions of the site not readily worked by machine shall be worked by hand. Areas adjacent to
curbs, walks, signs, existing trees, light poles and other site items shall be hand worked and
blended into adjacent grades.
D. Do not handle or grade soil when wet or frozen.
E. Refer to Architectural and Civil drawings for construction sequencing information.
3.02 TOPSOIL AND COMPOST PLACEMENT
A. The Contractor shall install topsoil and establish a finish graded soil surface followed by a 2"
compost layer ready to receive sod or seed. The surface shall be free of clods, rocks or
construction debris larger than 2". The soil surface shall be free of low spots.
B. Fine grade bed area to smooth, even surface with loose, uniformly fine texture. Roll, rake,
and drag bed areas, remove ridges and fill depressions, as required to meet finish grades.
Limit fine grading to areas which can be planted immediately after grading.
C. Moisten prepared areas before planting if soil is dry. Water thoroughly and allow surface
moisture to dry before planting. Do not create a muddy soil condition.
D. Restore bed areas to specified condition, if eroded or otherwise disturbed, after fine grading
and prior to planting.
3.03 FINISH GRADING
A. The words "finished grades," as used herein, mean the required final grade elevations
indicated on the drawings.
B. Uniformly grade areas within limits of grading under this section. Smooth finish surface to
within 1" of finish grade, with a loose uniformly fine texture. Site grading shall be finished in a
workmanlike manner true to the intent shown on the plans.
C. Grading Outside Building Lines: Grade areas adjacent to building lines to drain away from
structures and to prevent ponding. Finish surfaces shall be free from irregular surface
changes.
3.04 ACCEPTANCE AND REPAIRING
A. The above operations shall be completed and acceptable to the Landscape Architect prior to
seeding or sodding.
B. The contractor shall be responsible for maintenance or repair of damaged, finished graded
areas until seeding or sodding operations begin.
3.05 MAINTENANCE
A. Protect newly graded areas from traffic and erosion.
B. Remove waste materials, trash and debris, and legally dispose of it off Owner's property.
Page 368 of 1264
SECTION 32 91 00
Page 4 of 4
3.06 BREAKAGE AND DAMAGE
A. The Contractor shall be responsible for any breakage, damage, or other injury to the
building, underground utilities, or equipment caused directly or indirectly by his operations,
and he shall replace any such broken or damaged material, at his own expense.
3.07 CLEANUP
A. The Contractor shall leave the site in an orderly condition free of all debris. All areas outside
the construction limits, which have been disturbed, shall be restored to their original
condition.
====END OF SECTION 32 91 00====
Page 369 of 1264
SECTION 32 93 00
PLANT MATERIAL
PART GENERAL
1.01 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 1 Specification Sections, apply to this Section.
1.02 DESCRIPTION
A. This section of the specification covers the furnishing of all labor, tools, equipment, and materials
for performance of all operations as described below and as shown on the plans.
Work includes but is not limited to: Furnishing and planting of trees, shrubs, and groundcovers, including
bed edging, preparation, and mulch in accordance with these specifications at the locations shown on the
Drawings.
1.03 QUALITY ASSURANCE
A. Regulatory Requirements: Comply with applicable requirements of Federal, State, and Local
laws, regulations and codes having jurisdiction at the project site. Contractor shall be responsible
for certificates of inspection of plant material that may be required by Federal and Local
authorities to accompany shipments of plants.
B. Reference Standards:
1. "American Standard of Nursery Stock" by the American Association of Nurseryman.
2. American National Standards Institute (ANSI); Publication Z60.1; latest version.
C. Landscaping contractor must have at least five (5) years experience in this work in the same
geographical area (Upper Midwest).
Substitutions of plant material will not be permitted unless authorized in writing by Owner's
Representative. If proof is submitted that any plant specified is not obtainable, a proposal will be
considered for use of the nearest equivalent size or variety with corresponding adjustment of Contract
Price. Such proof shall be substantiated and submitted in writing to the Owner's Representative at least
thirty (30) days prior to start of the work under this Section. These provisions shall not relieve Contractor
of the responsibility of obtaining specified materials in advance if special growing conditions or other
arrangements must be made in order to supply specified materials.
D. Source - Quality Control: Plants shall be subject to inspection and approval by Owner's
Representative at place of growth and upon delivery for conformity to specifications. Such
approvals shall not impair the right of inspection and rejection during progress of the Work.
Submit written request for inspection of plant material at place of growth and quantity of plants to
be inspected. Owner's Representative reserves right to refuse inspection at this time if, in his
judgment, a sufficient quantity of plants is not available for inspection.
E. All plants inspected at the nursery by Owner's Representative shall be tagged with self-locking
tags. Trees delivered to the site without these tags or with broken tags shall be sufficient reason
for rejection.
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Page 370 of 1264
F. Where formal arrangements or consecutive order of trees or shrubs are shown, select stock for
uniform height and spread, and label with number to assure symmetry in planting.
1.04 PROJECT CONDITIONS
A. Verify finished grades of areas to be planted with those shown on the drawings. Ensure proper
seedbed preparation and topsoil requirements have been satisfied. Avoid conditions detrimental
to plant growth such as rubble fill, adverse drainage conditions, or obstructions. Notify Owner's
Representative of any such discrepancies or potential problems prior to proceeding with
installation of plant material.
B. Determine location of underground utilities and perform work in a manner which will avoid
possible damage. Hand excavate, if required. The Contractor shall be responsible for the repair
of any damage occurring as a result of construction activities.
C. Install plant material after final grades are established and prior to planting of lawns, unless
otherwise directed by the Landscape Architect. If plant installation is to occur after lawn work,
protect lawn areas and promptly repair damage to lawns resulting from planting operations.
D. Maintain grade stakes, forms, etc. set by others until removal is mutually agreed upon by all
parties concerned.
1.05 PACKAGING, DELIVERY, STORAGE AND HANDLING
A. Plants shall be properly marked for identification and for checking. Each block of plants and at
least 25% of each variety of separate plants in any one shipment shall have legible labels
securely attached upon delivery to the site. Mark the North side of each tree in the nursery.
B. Each shipment shall be certified by state and federal authorities to be free from disease and
infestation. Any inspection certificates required by law to this effect shall accompany each
shipment, invoice, order, or stock. On arrival, the certificate shall be filed with the Contracting
Officer.
C. Product Handling: The contractor shall transport plant materials covered with tarpaulin or in
enclosed vehicle.
D. Dug material should be maintained and watered as required at the nursery to guarantee their
vitality and health until shipping.
E. Protect all trunks, stems, branches, and root balls during tree tying, wrapping and loading
operations from damage.
F. Load balls or containers onto transport vehicle and secure in a manner that protects the structural
integrity of the root balls.
G. The contractor shall be solely responsible for the safe transportation of plants to the site and their
condition upon arrival. Trees damaged, dehydrated or abused during transit or storage will be
rejected.
H. Plant materials shall not be stored on concrete or asphalt or left exposed to the sun.
I. Roots and balls of plants shall be adequately protected at all times from the sun and drying
winds. In normal and winter plantings, balled and burlapped plants that cannot be planted within
24 hours of delivery shall be heeled in a bed of bark mulch, or other approved material.
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Page 371 of 1264
J. The Owner or Owner's Representative may inspect any phase of this operation and may reject
any plant material improperly handled during any phase of this operation. Nothing in this Section
shall be interpreted as relieving the contractor of the responsibility of providing healthy, viable
plants, nor shall it have any effect upon the terms of the warranty specified herein.
1.06 PROTECTION OF EXISTING PLANTS TO REMAIN
A. Do not store materials or equipment, permit burning, or operate or park equipment under
branches of any existing plant material to remain except as actually required for construction in
those areas.
B. Provide barricades, fences or other barriers as necessary at the drip line to protect existing plants
to remain from damage during construction.
C. Notify Owner's Representative in any case where the Contractor feels grading or other
construction called for by Contract Documents may damage existing plants to remain.
D. If any existing tree designated to be saved is damaged by mechanical or other means or is
removed without written authorization from the Architect, the contractor shall pay as fixed and
agreed liquidated damages 125 percent of the value of that plant as established in the latest
edition of the "Guide for Establishing Values of Trees and Other Plants," as prepared by the
Council of Tree and Landscape Appraisers under the auspices of the International Society of
Arboriculture. The before -mentioned liquidated damages shall be extended to include the fee of a
member of the American Society of Consulting Arborists selected by the Landscape Architect to
assess the extent of damages. This evaluation shall be accepted by all parties as sole
determination. In addition to liquidated damages, the contractor shall bear the cost of removal of
damaged tree(s) as directed by the Landscape Architect.
1.07 SUBMITTALS
A. General: Submit the following in accordance with Conditions of Contract and Division 1
Specification Sections.
B. Plant and Material Certifications:
1. Certificates of inspection as required by governmental authorities.
2. Manufacturers or vendor's certified analysis for soil amendments and fertilizer materials.
3. Label data substantiating that plants, trees, shrubs and planting materials comply with
specified requirement.
4. Photographs and sources of specimen plant material (trees to be planted).
C. Planting Schedule: Submit schedule indicating dates for each type of landscape work to be
performed during normal seasons for such work in area of site. Correlate with specified
maintenance periods to provide maintenance from date of substantial completion. Once
accepted, revise dates only as approved in writing, after documentation of reasons for delays.
D. Maintenance Instructions: Typewritten instructions recommending procedures to be established
by Owner for maintenance of landscape work for one full year. Submit prior to expiration of
required maintenance period(s). The contractor is to request and review the owner's existing
maintenance program and notify the owner if current procedures will cause any unknown
problems regarding the one-year warranty period for the plant material.
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Page 372 of 1264
1. Watering (and not over -watering)
2. Fertilization
3. Maintaining mulch
4. Controlling weeds
5. Wrapping and unwrapping the tree
6. Trunk inspection for borers
7. Leaf inspection for aphids
8. Trimming recommendations of perennials and shrubs including time of year
PART 2 MATERIALS
2.01 PLANT MATERIALS
A. The following quality requirements apply to commercially grown plant material:
1. Plants shall be typical of their species and variety; have normal growth habits, well
developed branches, densely foliated, vigorous, fibrous root systems.
2. Plants shall be free from defects and injuries. A Certificate of Inspection by the State
Entomologist's Office of the State Department of Agriculture shall accompany each
shipment or delivery of plant stock. All shipments of plant stock shall comply with existing
State and Federal laws and regulations governing plant disease and infection and
interstate movement of nursery stock.
3. Quality and size of plants, spread of roots, and size of balls shall be in accordance with
ANSI-Z60.1, "American Standard for Nursery Stock" as published by the American
Association of Nurserymen.
4. Label at least one tree and one shrub of each variety with a securely attached waterproof
tag bearing a legible botanical and common name designation.
5. Where formal arrangements or consecutive order of trees or shrubs are shown on the
Drawings, select stock for uniform height, branching height, and spread, and label with
numbers which assure symmetry in planting.
6. Plants shall not be pruned before planting.
7. Plants shall be freshly dug and nursery grown. Collected stock shall be rejected.
Nursery grown plants larger than 1-1/2" caliper shall have been transplanted or root
pruned at least once in past three years.
8. All trees must have straight trunks with single leader intact. Bark shall be free of
abrasion, all cuts over 1-1/4" shall have callused over.
9. Trees shall not be accepted which have had their leaders cut (or which have leaders
damaged so that cutting is necessary).
10.Trees shall be true to name. Upon request, Contractor shall furnish the Owner's
Representative a list indicating the source of each of the different plants to be supplied.
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Page 373 of 1264
11.All plants shall be balled and burlapped or container grown unless otherwise indicated on
the Plant Schedule.
2.02 FERTILIZER FOR PLANT MATERIALS
A. Fertilize trees to be planted with a fertilizer tablet having a slow release nitrogen, phosphorus and
potash (20-10-5) plus sulfur and iron formulation. Tablets manufactured by Agriform or equal.
B. The Owner's Representative may approve other "dry" fertilizing methods.
2.03 MULCH
A. Wood Mulch (for tree rings and plant beds): Shall be brown mulch by Addoco, Inc.(563-557-1555)
Or approved equal. Material shall have been stockpiled a sufficient length of time to prevent
burning and nitrogen depletion cause by decomposition.
TREE WRAP & GUARDS
B. Tree wrapping shall be first quality, four inch wide bituminous impregnated tape, corrugated or
crepe paper, specifically manufactured for tree wrapping and having qualities to resist insect
infestation. Jute twine not less than two-ply.
C. Tree deer protection metal fencing shall be 12.5 gauge welded wire and extend 2'-0" beyond
farthest extending branch and be held down by a minimum of (2) two t-posts. The interior of the
tree deer protection mental fencing shall be brown mulch.
ANTIDESICCANT
Antidesiccant shall be an emulsion that will provide a film over plant surfaces permeable enough to permit
transpiration, and will not damage the plant, such as "Wilt Pruf' or approved equal. Three applications on
all evergreens are required.
PART 3 EXECUTION
3.01 GENERAL
A. Planting Seasons: Actual planting shall be performed only when weather and soil conditions are
suitable and in accordance with locally accepted practice and as approved by the Contracting
Officer. Contractor must contact city staff prior to planting as city staff would like to supervise all
tree plantings.
1. Fall: September 1 until frozen soil conditions prevent work.
2. Spring: Unfrozen soil condition through June 1.
B. Layout: The Landscape Contractor shall stake out the locations of all plants before digging holes,
and request approval from the Owner's Representative prior to digging.
C. If underground construction, obstructions, or large rocks are encountered in excavation of
planting areas, other locations for the planting may be selected by the Owner's Representative.
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Page 374 of 1264
3.02 EXCAVATION FOR TREES AND SHRUBS
A. Excavation for planting shall include removal and stacking of soil excavated for trenches, tree
holes, plant pits and planting beds.
B. Excavate pits, beds, and trenches with vertical sides and with bottom of excavation slightly raised
at center to provide proper drainage. Loosen hard subsoil in bottom of excavation.
1. For balled and burlapped (B&B trees and shrubs), make excavations at least twice as
wide as the ball diameter and equal to the ball depth. In poorly drained soils, the
excavation shall be three times as wide as the ball diameter.
2. For container grown stock, excavate as specified for balled and burlapped stock,
adjusted to size of container width and depth.
C. Dispose of subsoil removed from planting excavations. Do not mix with planting soil or use as
backfill.
D. Fill excavations for trees and shrubs with water and allow water to percolate out prior to planting.
E. Prior to installation, rotary till 30 inches around excavated tree pits and shrub trench to aerate
existing adjacent soil except under existing tree dripline.
F. Where existing turf areas are damaged by planting operations, they shall be replaced by equal
quality turf by the Contractor at no cost to the Owner.
3.03 SETTING AND BACKFILLING PLANTS
A. Do not plant in obviously poor drainage. Notify the Owner's Representative in writing of all soils
or drainage conditions considered detrimental to growth of plant material. Report conditions and
submit a proposal for correcting conditions, if feasible, including change in cost, if any.
B. Orient plants for best appearance from dominant view.
C. Set all plants plumb and straight. Set at such a level that after settlement, a normal or natural
relationship of the crown of the plant with the ground surface will be established. Locate plant in
the center of the pit. In poorly drained soils, plant 4 to 6 inches above previous crown depth.
D. Soil used for backfilling all plants shall consist of suitable soil excavated from the hole thoroughly
mixed with sphagnum peat moss or other suitable organic matter. Notify the Owner's
Representative in writing of all soils or drainage conditions considered detrimental to growth of
plant material. Report conditions and submit a proposal for correcting conditions, if feasible,
including change in cost, if any.
E. When planting container grown stock, use soil similar to the soil in the container to amend
existing soil excavated from the pit.
F. Backfill each plant about 2/3 of the way. Flood the plant and allow soil to settle. Bring the backfill
to grade. Water is available through hose bibs on the building or quick couplers from the irrigation
system. Any settlement shall be brought to grade with topsoil.
G. Balled plants shall be placed in the plant pits on loosened soil. Backfilled soil shall be carefully
watered to fill all voids. ALL BURLAP, WIRE BASKET, TIES AND STRINGS SHALL BE CUT
AND/OR REMOVED PRIOR TO BACKFILLING.
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H. Container grown plants shall have containers cut open and the plants carefully removed so that
the earth around roots of plants remain unbroken. Plants shall then be planted in the same
manner as balled plants.
I. If deciduous trees or shrubs are moved when in full -leaf, spray with anti -desiccant at nursery
before moving and spray again 2 weeks after planting.
J. Dish top of backfill to allow for mulching. Mulch to a minimum one foot beyond tree/shrub pit.
K. Prune, thin out, and shape trees and shrubs in accordance with standard horticultural practice.
Prune trees to retain required height and spread. Unless otherwise directed by Landscape
Architect, do not cut tree leaders, and remove only injured or dead branches from flowering trees,
if any. Pruning shall be done in such a manner as to not change the natural habit or shape of the
plant. All cuts shall be made to the branch collar, not flush and not leaving a stub. On all cuts
over 3/4" in diameter and bruises or scars on the bark, the injured cambium shall be traced back
to living tissue and removed. Wounds shall be smoothed and shaped so as not to retain water.
L. Remove and replace excessively pruned or misformed stock resulting from improper pruning.
M. Wrap tree trunks of 2 inches caliper and larger. Start at ground and cover trunk to height of first
branches and securely attach. Inspect tree trunks for injury, improper pruning and insect
infestation and take corrective measures before wrapping.
3.04 PREPARATION OF SHRUB AND GROUNDCOVER BEDS
A. The soil surface shall be cleaned of roots, plants, sods, stones, clay lumps and other extraneous
material. Soil shall be cultivated to a depth of not less than 8 inches to incorporate the specified
fertilizer and organic matter and break up the compacted soil. Beds shall be mulched with wood
chips as specified.
3.05 PLANTING GROUNDCOVER AND PERENNIALS
A. Mulch shall be brushed away and holes dug large enough to allow for the root ball. Dig holes
large enough to allow for spreading of roots and backfill with planting soil. Soil shall be worked
around roots to eliminate air pockets, leaving a slight saucer indentation around plant to hold
water. Backfill with soil, making sure that roots are planted in soil and not in the mulch. Plants
shall be thoroughly watered after planting taking care not to cover crowns of plants with wet soils.
B. Space groundcover and perennial plants as indicated or scheduled.
APPLICATION OF FERTILIZER
C. Apply fertilizer during shrub and groundcover bed preparation as specified. Mix thoroughly into
the upper 8 inches of soil. Also apply to pit areas prior to tree and shrub installation.
APPLICATION OF PREEMERGENT WEED KILLER
D. All shrub, groundcover, and perennial beds shall receive pre -emergent weed killer applications
prior to planting.
E. Prior to application of pre -emergent weed killer the area shall be smooth and be free of weed
growth, clods and debris larger than 1". Follow rates of application shown on the label as per
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Federal law. One full application prior to mulching or two half applications, one on the soil before
mulching and the other on top of the mulch after mulching.
APPLICATION OF MULCH
Place mulch after applying preemergent weed killer as required. Place mulch in shrubs and
perennial beds to the limits of the beds as shown on the drawings.
G. Shade and ornamental trees in lawns: apply 3" thick of wood mulch in 5-foot diameter circle
around trees. Blend mulch into existing ground elevations.
PRECAUTIONS AND CLEANUP
H. During course of planting, excess waste materials shall be continuously and promptly removed,
lawn areas kept clear and all reasonable precautions taken to avoid damage to existing
structures, plants and grass. Existing grass areas which have been injured by the work shall be
regraded and sodded at the Contractor's expense. The entire area, when completed, shall be
neat and clean to the satisfaction of the Owner's Representative.
I. During landscape work, keep pavements clean and work area in an orderly condition.
J. Protect landscape work and materials from damage due to landscape operations, operations by
other contractors and trades, and trespassers. Maintain protection during installation and
maintenance periods. Treat, repair, or replace damaged landscape work as directed.
FINAL ACCEPTANCE
K. Final acceptance of the work under this section will be given when all planting operations are
complete and material and installation conforms to the contract requirements.
L. When the work under this section is complete, the Contractor shall notify the Owner's
Representative and request an inspection for final acceptance. Upon completion of this
inspection and correction of any discrepancies discovered, including missing plants and
replacement of dead and dying plants as determined by the Owner's Representative, the
Guarantee Period shall begin. The work under this section will not be accepted in parts.
GUARANTEE PERIOD AND REPLACEMENTS
M. Guarantee all plants to leaf -out, not just break bud, the first spring following final acceptance of
the contract and shall guarantee the tree for a full year after approval at substantial completion.
1. At the end of the Guarantee Period, the Contractor shall notify the Owner's
Representative and request an End -of -Guarantee -Period inspection. Approval of all
plants and required replacements shall designate completion of the work under this
section. At that time, remove stakes and guy wires.
N. Replace any plant that dies or partially dies to the point that the main leader has died back or
there is a 25 percent or more of the crown dead, as determined by the Owner's Representative.
0. Replacements shall be plants of the same size and species, planted within a reasonable time
following removal of the dead or dying plant, if seasonal conditions permit, or during the next
planting season.
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Page 377 of 1264
P. The Contractor will be liable for any damage to structures, utilities, or surfaces resulting from
replacement operations.
Q. Water for replacements will be supplied on site by the Contractor.
MAINTENANCE
R. The Contractor shall maintain all materials beginning immediately after the work is started and
continuing until final acceptance. Maintenance will be done by the Owner between the date of
final acceptance and end of the guarantee period. However, the Contractor shall visit the site
frequently to satisfy himself that satisfactory maintenance is being performed, including watering.
Any deficiency shall be noted in writing by the Contractor and brought to the attention of the
Owner.
1. Watering: Maintenance shall include a thorough initial watering with hand watering of
trees and shrubs thereafter when soil moisture is below optimum level for establishment
and growth, and all other watering that is necessary for the proper growth of all plant
materials through substantial completion.
2. Resetting Plants, Stakes, Guys, Saucers: Settled plants shall be reset to proper grade
and positions, dead material removed, and guys tightened or repaired within a
reasonable time. Correct any displaced mulch. Repair or replace accessories as
required.
3. Pruning: Pruning will include only work that is necessary to maintain the plants in their
normal growth pattern.
4. Replacing Dead and Dying Plants: Plants that are dead or dying shall be replaced within
reasonable time, if seasonal conditions permit. Dead Plants shall be removed from the
premises within 30 days of their decline.
5. Weed Control: Weeding shall be scheduled as necessary to keep all mulched areas
weed and grass free. All mulched areas around trees and shrubs and in beds shall be
weed and grass free for final acceptance.
6. Control insects and disease.
7. Remedy damage from use of pesticides and herbicides.
END OF SECTION
Rustic Point Park
WHKS Job No: 9920.00
Page 9 of 10
Plant Material
32 93 00
Page 378 of 1264
ks
engineers + planners + land sumyors
ADDENDUM NO. 1
to
Specifications and Contract Documents
for
Rustic Point Park Development
Dubuque, IA
FROM: WHKS & Co. September 5, 2025
The bidder shall make the following changes, modifications and additions to the pertinent sheets,
pages and paragraphs of the specifications and drawings, and shall take the same into
consideration in the bid prices:
BIDDER QUESTIONS:
1. Question: Will 6' chain link fence around the perimeter be required for this project?
Answer: A 6', tall temporary construction fence shall be installed around the perimeter of
the construction area and excavations. Temporary construction fence shall be included
under Item 11, Temporary Traffic Control.
CHANGES TO PLANS:
1. Replace Sheet A0.04 with attached Sheet A0.04 R.I.
2. Replace Sheet A0.06 with attached Sheet A0.06 R.I.
3. Replace Sheet C1.02 with attached Sheet C1.02 R.I.
``�,►►I►►IIIII)fillo
\\\\Q� O F E S S l O //�ii
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co : KEVIN M. G
= w = PODSTAWA = Z
J = 23849 m
I hereby certify that this engineering document was prepared by me or under my direct
personal supervision and that I am a duly licensed Professional Engineer under the
laws of the State of Iowa.
. ��'�'y P.E. 9-5-2025
Kevin M. Podstawa
License Number: 23849
My license renewal date is:
December31, 2026
Pages or sheets covered by this seal
WHKS JOB NO. 9920.01
Page 1 of 1
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Date
Page 379 of 1264
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Page 382 of 1264
SECTION 00700
Page 1 of 6
INSURANCE PROVISIONS
SECTION 00700
City of Dubuque Insurance Requirements for General, Artisan or Trade
Contractors, Subcontractors or Sub Subcontractors
Class A:
Class B:
Class C:
Insurance Schedule F
Asbestos Removal
Fiber Optics
Sanitary Sewers
Asphalt Paving
Fire Protection
Sheet Metal
Concrete
Fireproofing
Site Utilities
Construction Managers
General Contractors
Shoring
Cranes
HVAC
Special Construction
Culverts
Mechanical
Steel
Decking
Paving & Surfacing
Storm Sewers
Demolition
Piles & Caissons
Structural Steel
Deconstruction
Plumbing
Trails
Earthwork
Retaining Walls
Tunneling
Electrical
Reinforcement
Water Main
Elevators
Roofing
Chemical Spraying
Landscaping
Rough Carpentry
Doors, Window &
Masonry
Stump Grinding
Glazing
Vehicular Snow Removal
Tank Coating
Drywall Systems
Painting & Wall Covering
Tree Removal
Fertilizer Application
Pest Control
Tree Trimming
Geotech Boring
Scaffolding
Tuckpointing
Insulation
Sidewalks
Waterproofing
Finish Carpentry
Plastering
Well Drilling
Carpet Cleaning General Cleaning Power Washing
Carpet & Resilient Grass Cutting Tile & Terrazzo Flooring
Flooring Janitorial Window Washing
Caulking & Sealants Non Vehicular Snow &
Acoustical Ceiling Ice Removal
Filter Cleaning Office Furnishings
Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors November 2017
Page 383 of 1264
SECTION 00700
Page 2 of 6
INSTRUCTIONS FOR INSURANCE SUBMITTAL:
Contractor shall furnish a signed certificate of insurance to the department
responsible for the contract for the coverage required in Exhibit I prior to
commencing work and at the end of the project if the term of work is longer
than 60 days. Contractors presenting annual certificates shall present a
certificate at the end of each project with the final billing. Each certificate shall
be prepared on the most current ACORD form approved by the Iowa
Department of Insurance or an equivalent approved by the Finance Director.
The certificate must clearly indicate the. project number, project name, or
project description for which it is being provided
For Example:
Project # or
Project name: or
Project Location at or
construction of
2. All policies of insurance required hereunder shall be with an insurer authorized
to do business in Iowa and all insurers shall have a rating of A or better in the
current A.M. Best's Rating Guide.
3. Each Certificate required shall be furnished to the Parks and Recreation Department
of the City of Dubuque.
4. Failure to provide the coverage described in this Insurance Schedule shall
not be deemed a waiver of these requirements by the City of Dubuque.
Failure to obtain or maintain the required insurance shall be considered a
material breach of this contract.
5. Contractor shall require all subcontractors and sub -subcontractors to obtain and
maintain during the performance of work insurance for the coverages described in
this Insurance Schedule and shall obtain certificates of insurances from all such
subcontractors and sub -subcontractors. Contractor agrees that it shall be liable for
the failure of a subcontractor and sub -subcontractor to obtain and maintain such
coverage. The City may request a copy of such certificates from the Contractor.
6. All required endorsements to various policies shall be attached to the
certificate of insurance.
7. Whenever an ISO form is referenced the current edition must be provided.
8. Contractor shall be required to carry the minimum coverage/limit, or greater if
required by law or other legal agreement, in Exhibit I - Insurance Schedule F. If the
contractor's limit of liability are higher than the required minimum limit then the
contractor's limit shall be this agreement's required limit.
Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors NovembFWO1 84 of 1264
SECTION 00700
EXHIBIT I Page 3 of 6
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000 000
Products -Completed Operations Aggregate Limit $2,000:000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit (any one occurrence) $ 50,000
Medical Payments $ 5,000
1) Coverage shall be written on an occurrence, not claims made, form. The
general liability coverage shall be written in accord with ISO form
CG0001 or business owners form BP0002. All deviations from the
standard ISO commercial general liability form CG 0001, or business
owners form BP 0002, shall be clearly identified.
2) Include ISO endorsement form CG 25 04 "Designated Location(s) General
Aggregate Limit" or CG 25 03 "Designated Construction Project (s)
General Aggregate Limit" as appropriate.
3) Include endorsement indicating that coverage is primary and non-
contributory.
4) Include endorsement to preserve Governmental Immunity. (Sample
attached).
5) Include additional insured endorsement for:
The City of Dubuque, including all its elected and appointed officials,
all its employees and volunteers, all its boards, commissions and/or
authorities and their board members, employees and volunteers.
Use ISO form CG 20 10 (Ongoing operations).
6) The additional insured endorsement shall include completed operations
under ISO form CG 2037 during the term and for a period of two years
after the completion of the project.
7) Policy shall include Waiver of Right to Recover from Others endorsement.
B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or
disease as prescribed by Iowa Code Chapter 85.
Coverage A Statutory —State of Iowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee -Disease $100,000
Policy Limit -Disease $500,000
• Policy shall include Waiver of Right to Recover from Others endorsement.
• Coverage B limits shall be greater if required by the umbrella/excess insurer.
• Nonelection of Workers' Compensation or Employers' Liability Coverage under
Iowa Code sec. 87.22
yes form attached
Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors November 2017
Page 385 of 1264
SECTION 00700
Page 4 of 6
C) AUTOMOBILE LIABILITY
Combined Single Limit $1,000,000
D) UMBRELLA/EXCESS LIABILITY
Umbrella liability coverage must be at least following form with the
underlying policies included herein.
All Class A contractors with contract values in excess of $10,000,000 must
have umbrella/excess liability coverage of $10,000,000.
All Class A and Class B contractors with contract values between
$500,000 and $10,000,000 must have umbrella/excess liability coverage
of $3,000,000.
All Class A and B contractors with contract values less than $500,000 must
have umbrella/excess liability coverage of $1,000,000.
All Class C contractors are not required to have umbrella/excess liability
coverage.
All contractors performing excavation work must have a minimum of
$3,000,000 umbrella regardless of the contract value.
E) ENVIRONMENTAL IMPAIRMENT LIABILITY OR POLLUTION LIABILITY
Coverage required: yes no
Pollution Liability coverage shall be required if project involves any pollution
exposures for hazardous or contaminated materials including, but not limited
to, the removal of lead, asbestos, or PCB's. Pollution product and complete
operations coverage shall also be covered.
Each Occurrence $2,000,000
Policy Aggregate $4,000,000
1) Policy to include job site and transportation coverage.
2) Include additional insured for:
The City of Dubuque, including all its elected and appointed officials, all its employees
and volunteers, all its boards, commissions and/or authorities and their board members,
employees and volunteers. Use ISO form CG 2010. (Ongoing operations) as stated in
A(6) above or its equivalent.
3) Include Preservation of Governmental Immunity Endorsement
4) Provide evidence of coverage for 5 years after completion of project.
Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors November 2017
Page 386 of 1264
SECTION 00700
Page 5 of 6
F) RAILROAD PROTECTIVE LIABILITY
Coverage required: yes no
Any contract for construction or demolition work on or within Fifty feet (50')
from the edge of the tracks of a railroad or effecting any railroad bridge or
trestle, tracks, roadbeds, tunnel, underpass, or crossing for which an
easement or license or indemnification of the railroad is required, shall
require evidence of the following additional coverages.
Railroad Protective Liability:
$ each occurrence (per limits required by Railroad)
$ policy aggregate (per limits required by Railroad)
M
An endorsement to the Commercial General Liability policy equal to ISO
CG 2417 (Contractual Liability -Railroads). A copy of this endorsement
shall be attached to the Certificate of Insurance.
Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors November 2017
Page 387 of 1264
SECTION 00700
Page 6 of 6
Preservation of Governmental Immunities Endorsement
i. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the
purchase of this policy and the including of the City of Dubuque, Iowa as an Additional
Insured does not waive any of the defenses of governmental immunity available to the City
of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be
amended from time to time.
2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only
those claims not subject to the defense of governmental immunity under the Code of Iowa
Section 670.4 as it now exists and as it may be amended from time to time. Those claims
not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of
this insurance policy.
3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for
asserting any defense of governmental immunity, and may do so at any time and shall do
so upon the timely written request of the insurance carrier.
4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the
insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa
under this policy for reasons of governmental immunity unless and until a court of
competent jurisdiction has ruled in favor of the defense(s) of governmental immunity
asserted by the City of Dubuque, Iowa.
No Other Change in Policy. The above preservation of governmental immunities shall not
otherwise change or alter the coverage available under the policy.
SPECIMEN
___= END OF SECTION 00700 =___
Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors November 2017
Page 388 of 1264
.4cc�,rrca� CERTIFICATE OF LIABILITY INSURANCE
�•�^"
DATE(MM/DDIYYYY)
9/22/2025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT-: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must .have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
AssuredPartners Great Plains, LLC
PO Box 759
541 Bell Street, Suite 401
Dubuque IA 52004-0759
CONTACT
Jena Wilwert
P...... E 563-556.0272 iuc No . 563-585-2790
E-MAIL
AD E s 'ena.wilwert assured artners.com
INSURE S AFFORDING COVERAGE
NAIL#
INSURER A. Selective Insurance CompaqX of America
12572
License#: 1001000272
INSURED EASTIOW-04
Eastern Iowa Excavating & Concrete LLC
Cascade Storage Facility LLC
INSURERB.- SUmmitPolnt Insurance Company
15136
INSURER C:
121 Nixon St SE, PO Box 189
Cascade IA 52033-0189
INSURER D:
INSURER E :
INSURER F
I+VYMKAL7C5 CERTi1 ICATF NIISIIR9R-99'?77n1R 1?=WMAM KIIIIIaQCGl.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ILTR NS
TYPEOFINSURANCE
POLICYNUMBER
POLICYEFF
MD /YYYYI
POLICYEIIP
IMMfDDrYMII
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
Y
i Y
S 2499002
411/2025
4/112026
EACH OCCURRENCE
$1,000,000
A
CLAIMS MADE I OCCUR
PREMISES Ea ocourren
$ 500,000
MED EXP Any one person}
$15,000
PERSONAL & ADV INJURY
$1,000,000
GEN'LAGGREGATELIMITAPPLIESPER:
GENERAL AGGREGATE
S2,000,000
1771 POLICY JECT I
LOG
LJ
PRi30uCTS-CO02PAGG
$2.00t1.fI0d
OTHER
I
$
A
! AUTOMOBILE LIABILITY
S 2499092
t 411/2025
41112026
C,SIIJED ra uMlz
$1,00(I,tIO(I
X ANY AUTO
BODILY INJURY (Per person)
S -
OWNED SCHEDULED
I AUTOS ONLY AUTOS
pp
BODILY INJURY (PerS„ebdBtiE)
$.�....,.-«..».K,a,M,,.
K : HIRED X NON -OWNED
iiiiia
E Y OAMAGIS
AUTOS ONLY AUTOS ONLY
1
P
A
X ' UMaRELLA LIAR X OCCUR
I
S 249W92
I
4(V2025
I
4/1]2026
EACH OCCURRENCE
1fl 000,0
EXCESS LIAO CLAIMS A4AOE
AGGREGATE t.
$101000,000
T
CEO X RETENT10N5
$
a IWORKeRSCOIAPENSATION
Y
WC83016073
W1/2025 ,
4/1/2026
X T
AND EMPLOYERS' LIABILITY
I
( E.L EACHACCIDENT
$500,
¢OFFiCMI
ANYPR RIETORIPARTNERaXECUTiVE F—
EMeEREKCLUDWD ,
N 1A
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E.L. DISEASE. EA EMPLOYE
$ S00,O110
(Mandatory to NMI
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L$500,000
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I)E$GRIPTIONOFOPERATIONS ILOCATIONS IVEHICLES (ACORD 101,Additional Rerrrr arksSchedule,maybeatpchedifmorespaceismqulred)
RE: Rustic Point Park Development.
City of Dubuque, including all Its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board
members, employees and volunteers are listed as an additional Insured on the general liability. Coverage is on a primary and non-contributory basis, as
provided by CG7300 Including Completed and Ongoing Operations coverage is provided by endorsement G7988. Governmental ImmuMiles per endorsement
CG7980. Waiver of Subrogation is included on the general liability and workers compensation as provided by CG7300 and WC000313. Policies include 30-pay
Notice of Cancellation with 10-pay Notice for non-payment of premium.
City of Dubuque - Parks & FRec Dept
50 W 13th St
Dubuque [A 52001
ACORD 25 (2016103)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
REPRESENTATIVE
The ACORD name and logo are registered marks of ACORD
All rights reserved.
Page 389 of 1264
ElitePaco
General Liability Extension Endorsement
COMMERCIAL GENERAL LIABILITY
CG 73 00 06 22
SUMMARY OF COVERAGES (including Index)
This is a summary of the various additional coverages and coverage modifications provided by
this endorsement. No
coverage is provided by this summary. Refer to the actual endorsement (Pages 3-through-9) for changes affecting your
insurance protection.
DESCRIPTION
PAGE FOUND
Additional Insureds — Primary and Non -Contributory Provision
Page 8
Blanket Additional Insureds — As Required By Contract
Page 5
a Owners, Lessees or Contractors (includes Architects, Engineers or Surveyors)
o 0 Lessors of Leased Equipment
0 Managers or Lessors of Promises
* Mortgagees, Assignees and Receivers
N p Any Other person or organization other than a joint venture
2p Grantors of Permits
Broad Form Vendors Coverage
Page 7
Damage To Premises Rented To You (including Fire, Lightning or Explosion)
Page 3
Electronic Data Liability ($100,000)
Page 4
Employee Definition Amended
Page 9
Employees As Insureds Modified
Page 5
Employer's Liability Exclusion Amended (Not applicable in New York)
Page 3
Incidental Malpractice Exclusion modified
Page 8
Knowledge of Occurrence, Claim, Suit or Loss
Page 8
Liberalization Clause
Page 8
Mental Anguish Amendment (Not applicable to New York)
Page 10
Newly Formed or Acquired Organizations
Page 5
Non -Owned Aircraft
Page 3
Non -Owned Watercraft (under 60 feet)
Page 3
Not -for -profit Members — as additional Insureds
Page 5
Personal And Advertising Injury — Discrimination Amendment (Not applicable in New York)
Page 9
Products Amendment (Medical Payments)
Page 4
Supplementary Payments Amended — Bail Bonds ($5,000) and Loss of Earnings ($1,000)
Page 4
Two or More Coverage Parts or Policies Issued By Us
Page 9
Unintentional Failure to Disclose Hazards
Page 8
Waiver of Transfer of Rights of Recovery (subrogation)
Page 8
When Two or More Coverage Parts of this Policy Apply to a Loss
Page 3
Copyright, 2021 Selective Insurance Company of America. All rights reserved.
CG 73 00 06 22
includes copyrighted material of Insurance Services Office, Inc., with its permission.
Page I of 10
INSUREWS COPY
Page 390 of 1264
THIS RAGE IS INTENTIONALLY LEFT BLANK.
Copyright, 2021 Selective insurance Company of America. All rights reserved. CG 73 00 06 22
Includes copyrighted material of insurance Services Office, Inc., with its permission. Page 2 of 10
INSURED'S COPY
Page 391 of 1264
ElitePaw
General Liability Extension Endorsement
COMMERCIAL GENERAL LIABILITY
CG 73 00 06 22
TH[S ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies the insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The SECTIONS of the Commercial General Liability Coverage Form identified in this endorsement will be amended as
shown below. However, if (a) two or more Coverage Parts of this policy, or (b) two or more forms or endorsements
Within the same Coverage Part apply to a loss, coverage provision(s) with the broadest language will apply, unless
specifically stated otherwise within the particular amendment covering that loss.
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by
the endorsement.
o COVERAGES — Amendments
N SECTION I -- COVERAGE A BODILY INJURY AND
PROPERTY DAMAGE LiABILITY
N EXCLUSIONS
o Employer's Liability Amendment
Q (This provision is not applicable in the State of New
N York).
The following is added to Exclusion e. Employer's
Liability under COVERAGE A BODILY INJURY AND
PROPERTY DAMAGE LIABILITY, 2. Exclusions:
This exclusion also does not apply to any "temporary
worker".
Non -Owned Aircraft, Auto or Watercraft
A. Paragraph (2) of Exclusion S. Aircraft, Auto Or
Watercraft under COVERAGE A BODILY INJURY
AND PROPERTY DAMAGE LIABILITY, 2.
Exclusions is deleted in its entirety and replaced
with the following:
(2) A watercraft you do not own that is:
(a) Less than 26 feet long and not being used to
carry persons or property for a charge; or
(b) At least 26 feet, but less than 60 feet long,
and not being used to carry persons or
property for a charge. Any person is an
insured who uses or is responsible for the
use of such watercraft with your expressed
or implied consent. However, if the insured
has any other valid and collectible insurance
for "bodily injury" or "property damage" that
would be covered underthis provision, oron
any other basis, this coverage is then
excess, and subject to Condition 4. Other
Insurance, b. Excess Insurance under
SECTION IV -- COMMERCIAL GENERAL
LIABILITY CONDITIONS.
B. The following is added to Exclusion g. Aircraft,
Auto Or Watercraft under COVERAGE A BODILY
INJURY AND PROPERTY DAMAGE LIABILITY, 2.
Exclusions:
This exclusion does not apply to.
(6) Any aircraft, not owned or operated by any
insured, which is hired, chartered or loaned with
a paid crew. However, if the insured has any
other valid and collectible insurance for "bodily
Injury" or "property damage" that would be
covered under this provision, or on any other
basis, this coverage is then excess, and subject
to Condition 4. Other insurance, b. Excess
Insurance under SECTION IV —
COMMERCIAL GENERAL LIABILITY
CONDITIONS.
Damage To Premises Rented to You
A. The last paragraph of Paragraph 2. Exclusions
under COVERAGE A BODILY INJURY AND
PROPERTY DAMAGE is deleted In its entirety and
replaced with the following:
Exclusions c. through n. do not apply to damage by
fire, lightning or explosion to premises rented to you
or temporarily occupied by you with the permission
of the owner. A separate limit of insurance applies
to this coverage as described in SECTION III -
LIMITS OF INSURANCE.
Copyright, 2021 Selective Insurance Company of America. All rights reserved.
Includes copyrighted material of Insurance Services Office, inc., with its permission
INSURED'S COPY
CO 73 00 06 22
Page 3 of 90
Page 392 of 1264
B. Paragraph 6. under SECTION III --- LIMITS OF
INSURANCE is deleted in its entirety and replaced
with the following:
6. Subject to Paragraph 5. above, the most we will
pay under COVERAGE A for damages because
of "property damage" to any one premises,
while rented to you, or in the case of damage
caused by fire, lightning or explosion, while
rented to you or temporarily occupied by you
with permission of the owner, for all such
damage caused by fire, lightning or explosion
proximately caused by the same event, whether
such damage results from fire, lightning or
explosion or any combination of the three, is the
amount shown in the Declarations for the
Damage To Premises Rented To You Limit.
C. Paragraph a. of Definition 9. "insured contract"
under SECTION V — DEFINITIONS is deleted in its
entirety and replaced with the following:
a. A contract for a lease of premises. However,
that portion of the contract for a lease of
premises that indemnifies any person or
organization for damage by fire, lightning or
explosion to premises while rented to you or
temporarily occupied by you with the permission
of the owner is not an "insured contract";
Electronic Data Liability
A. Exclusion P. Access or Disclosure Of
Confidential Or Personal information And
Data -related Liability under COVERAGE A
BODILY INJURY AND PROPERTY DAMAGE
LIABILITY, 2. Exclusions is deleted in its entirety
and replaced by the following:
p. Access or Disclosure Of Confidential Or
Personal Information And Data -related
Liability
Damages arising out of:
(1) Any access to or disclosure of any person's
or organization's confidential or personal
information, including patents, trade secrets,
processing methods, customer lists,
financial information, credit card information
or any other type of nonpublic information;
or
(2) The loss of, loss of use of, damage to,
corruption of, inability to access, or inability
to manipulate "electronic data" that does not
result from physical injury to tangible
property.
This exclusion applies even if damages are
claimed for notification costs, credit monitoring
expenses, forensic expenses, public relations
expenses or any other loss, cost or expense
incurred by you or others arising out of that
which is described in Paragraph (1) or (2)
above.
B. The following paragraph is added to SECTION IiI —
LIMITS OF INSURANCE:
Subject to 5. above, the most we will pay under
COVERAGE A for "property damage" because of all
loss of "electronic data" arising out of any one
"occurrence" is a sub -limit of $100,000.
SECTION i --- COVERAGE C MEDICAL PAYMENTS
EXCLUSIONS
Any insured Amendment
Exclusion a. Any Insured under COVERAGE C
MEDICAL PAYMENTS, 2. Exclusions is deleted in its
entirety and replaced with the following:
a. Any Insured
To any insured.
This exclusion does not apply to:
(1) "Not -for -profit members";
(2) "Golfing facility" members who are not paid a
fee, salary, or other compensation; or
(3) "Volunteer workers".
This exclusion exception does not apply if COVERAGE
C MEDICAL PAYMENTS is excluded by another
endorsement to this Coverage Part.
Product Amendment
Exclusion f. Products -Completed Operations Hazard
under COVERAGE C MEDICAL PAYMENTS, 2.
Exclusions is deleted in its entirety and replaced with
the following:
f. Products -Completed Operations Hazard
Included within the "products -completed operations
hazard",
This exclusion does not apply to "your products"
sold for use or consumption on your premises, while
such products are still on your premises.
This exclusion exception, does not apply if COVERAGE
C MEDICAL PAYMENTS is excluded by another
endorsement to this Coverage Part.
SECTION I — SUPPLEMENTARY PAYMENTS —
COVERAGES A AND B
Expenses For Bail Bonds And Loss Of Earnings
A. Subparagraph 1.b. under SUPPLEMENTARY
PAYMENTS - COVERAGES A AND B is deleted
in its entirety and replaced with the following:
b. Up to $5,000 for cost of bail bonds required
because of accidents or traffic law violations
arising out of the use of any vehicle to which
Bodily injury Liability Coverage applies. We do
not have to furnish these bonds.
Copyright, 2021 Selective Insurance Company of America. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
INSURED"S COPY
CG 73 00 06 22
Page 4 of 10
Page 393 of 1264
SECTION 00750
Page 1 of 6
SALES AND USE TAX EXEMPTION CERTIFICATE
SECTION 00750
The City of Dubuque, as a designated exempt entity awarding construction contracts, will issue
special exemption certificates to contractors and subcontractors, allowing them to purchase, or
withdraw from inventory, materials for the Contract free from sales tax pursuant to Iowa Code
Sections: 422.42 (15) & (16), and 422.47 (5). The special exemption certificate will also allow a
manufacturer of building materials to consume materials in the performance of a construction
contract without owing tax on the fabricated cost of those materials.
These tax exemption certificates and authorization letters are applicable only for the
work under the contract. The Contractor and each subcontractor shall comply with said
Iowa Code Sales Tax requirements, shall keep records identifying the materials and
supplies purchased and verify that they were used on the contract, and shall pay tax on
any materials purchased tax-free and not used on the contract.
2. Upon award of Contract the City will register the Contract, Contractor, and each
subcontractor with the Iowa Department of Revenue and Finance; and distribute tax
exemption certificates and authorization letters to the Contractor and each
subcontractor.
Page 394 of 1264
SECTION 00750
Page 2 of 6
PROJECT INFORMATION REQUIREMENTS FOR
STATE OF IOWA SALES TAX EXEMPTION CERTIFICATES
FOR CONTRACTORS & SUBCONTRACTORS
Submitting Department: Parks and Recreation Department
Department Contact: Department Contact: Steve Fehsal
Project Number(s): 3043000076
Please complete this form in its entirety and submit along with the executed Contract, Bonds and
Certificate of Insurance. Upon receipt, the City Finance Department will work with the Iowa
Department of Revenue to issue Sales Tax Exemption Certificates to the approved contractor(s) to
allow for the purchase or inventory withdrawal of materials for the specified Project free from State
of Iowa Sales Tax.
Sales tax exemption certificates are not provided to material suppliers.
The Contractor and subcontractors can provide copies of the sales tax exemption certificates issued by the
City to individual material suppliers.
Project Name: 'Rustic Point Park Development
Project Description:
The extent of the work involves( 'is
furnishing of labor and new materialso
the construction of Rustic Point Park 141 r
Includes approximately; 534 CY of$ „ k
} rexcavatlorti, k'[46 Tons of granular
subbase`,` 36LF of curb and gutter; 20 SY
of 7" PCC pavement; 352. SY of 4" PCC
Sidewalk, trees and plants; landscaping;
al
SV
- 705 LF of f,6r socks; 605 CYof topsoil;
_park '.signs; aridnew park equipment.
Start Date (Bid Opening Date): -S'eptemb��_ `
Final Completion Date:
Page 395 of 1264
SECTION 00750
Page 3 of 6
1. General Prime Contractor:
Contact Name:
Complete Address:
(Include PO Box and Street Information)
City, State, Zip Code
Telephone Number:
Federal I.D. Number:
(or Include Social Security Number)
Work Type to be Completed:
2.
Subcontractor:
Complete Address:
(Include PO Box and Street Information)
City, State, Zip Code
Telephone Number:
Federal I.D. Number:
(or Include Social Security Number)
Work Type to be Completed:
3.
1 Subcontractor:
Complete Address:
(Include PO Box and Street Information)
City, State, Zip Code
Telephone Number:
Federal I.D. Number:
(or Include Social Security Number)
Work Type to be Completed:
4.
Subcontractor:
Complete Address:
(Include PO Box and Street Information)
City, State, Zip Code
Telephone Number:
Federal I.D. Number:
(or Include Social Security Number)
Work Type to be Completed:
Page 396 of 1264
SECTION 00750
Page 4 of 6
S.
Subcontractor:
Complete Address:
(Include PO Box and Street Information)
i
City, State, Zip Code
Telephone Number:
Federal I.D. Number:
(or Include Social Security Number)
Work Type to be Completed:
6.
Subcontractor:
Complete Address:
(Include PO Box and Street Information)
City, State, Zip Code
Telephone Number:
Federal I.D. Number:
(or Include Social Security Number)
Work Type to be Completed:
7.
Subcontractor:
Complete Address:
(Include PO Box and Street Information)
City, State, Zip Code
Telephone Number:
Federal I.D. Number:
(or Include Social Security Number)
Work Type to be Completed:
8.
Subcontractor:
Complete Address:
(Include PO Box and Street Information)
City, State, Zip Code
Telephone Number:
Federal I.D. Number:
(or Include Social Security Number)
Work Type to be Completed:
Page 397 of 1264
SECTION 00750
Page 5of6
9•
Subcontractor:
Complete Address:
(Include PO Box and Street Information)
City, State, Zip Code
Telephone Number:
Federal I.D. Number:
(or Include Social Security Number)
Work Type to be Completed:
10. 1
Subcontractor:
Complete Address:
(Include PO Box and Street Information)
City, State, Zip Code
Telephone Number:
Federal I.D. Number:
(or Include Social Security Number)
Work Type to be Completed:
11.
Subcontractor:
Complete Address:
(Include PO Box and Street Information)
City, State, Zip Code
Telephone Number:
Federal I.D. Number:
(or Include Social Security Number)
Work Type to be Completed:
12.
1 Subcontractor:
Complete Address:
(Include PO Box and Street Information)
City, State, Zip Code
Telephone Number:
Federal I.D. Number:
(or Include Social Security Number)
Work Type to be Completed:
Page 398 of 1264
SECTION 00750
Page 6 of 6
13.
1 Subcontractor:
Complete Address:
(Include PO Box and Street Information)
City, State, Zip Code
Telephone Number:
Federal I.D. Number:
(or Include Social Security Number)
Work Type to be Completed:
==== END OF SECTION 00750 ====
Page 399 of 1264
SECTION 00775
Page 1 of 1
SITE CONDITION INFORMATION
SECTION 00775
250.1 SUBSURFACE CONDITIONS
In the preparation of the Contract Documents, the Engineer relied upon the following report(s)
and drawing(s) of explorations and tests of subsurface conditions at the Site:
1) Geotechnical Engineering Report was not prepared
250.2 PHYSICAL CONDITIONS
In the preparation of the Contract Documents, the Engineer relied upon the following
drawing(s) of physical conditions in or relating to existing surface and subsurface structures
(except underground facilities) which are at or contiguous to the Site:
1) Drawings prepared by WHKS & Co.
Title: Plans of Proposed Improvements for Rustic Point Park Development
Date: August 12, 2025
Pages
A0.01 - U0.04
2) Sanborn Fire Insurance Map is not provided
250.3 HAZARDOUS ENVIRONMENTAL CONDITIONS
In the preparation of the Contract Documents, the Engineer relied upon the following reports(s)
known to the owner of hazardous environmental conditions at the Site:
1) Phase I and II Environmental Site Assessment Studies were not prepared.
3) Soil and Groundwater Management Plan was not prepared.
==== END OF SECTION 00775 ====
Page 400 of 1264
SECTION 00800
Page 1 of 2
CONSTRUCTION SCHEDULE AND AGREED COSTS OF DELAY
SECTION 00800
800.1 SCHEDULE:
CALENDAR DAY SCHEDULE:
Work required by the Contract Documents shall commence within ten (10) calendar
days after Notice to Proceed has been issued and shall be Substantially Complete by
June 1, 2026 and Finally Complete by June 15, 2026
800.2 AGREED COSTS OF DELAY:
Time is of the essence of the Contract. As delay in the diligent prosecution of the work may
inconvenience the public, obstruct traffic, interfere with business, and/or increase costs to the
City such as engineering, administration, and inspection, it is important that the work be
prosecuted vigorously to final completion.
An extension of the contract period may be granted by the City for any of the following reasons:
1. Additional work resulting from a modification of the Contract Documents by approved
change order.
2. Delays caused by the City.
3. Other reasons beyond the control of the Contractor, which in the City's opinion, would
justify such.
Should the Contractor, or in case of default the Surety, fail to complete the work within the
specified Final Completion Dates, a deduction at the daily rate for agreed costs of delay will
be made for each and every calendar day or working day, whichever is specified, such that the
work remains uncompleted. The Contractor or the Contractor's Surety shall be responsible for
all costs incidental to the completion of the work, and shall be required to pay the City the
following daily costs:
A. For each calendar day that any work remains uncompleted beyond the Final
Completion date the contractor will be assessed and shall pay, $1,000.00 per
calendar, not as a penalty but as predetermined and Agreed Cost of Delay until
Final Completion requirements are met.
Permitting the Contractor to continue and finish the Work, or any part of it, after the expiration
of the Substantial and Final Completion dates or Milestone Dates or extension thereof shall
in no way operate as a waiver on the part of the City of any of its rights or remedies under the
contract, including its right to Agreed Cost of Delay pursuant to this provision. Furthermore,
the assessment of Agreed Cost of Delay shall not constitute a waiver of the City's right to
collect any additional damages which the City may sustain by failure of the Contractor to carry
out the terms of the Contract.
Page 401 of 1264
SECTION 00800
Page 2 of 2
The Agreed Cost of Delay rates specified in the Contract Documents is hereby agreed upon as
the true and actual damages due the City for loss to the City and to the public due to obstruction
of traffic, interference with business, and/or increased costs to the City such as engineering,
administration, construction, and inspection after the expiration of the contract times, or
extension thereof. Such Agreed Cost of Delay will be separately invoiced to the Contractor, and
final payment will be withheld from the Contractor until payment has been made of this invoice
for the agreed cost of delay. The Contractor and its surety shall be liable for any agreed cost of
delay in excess of the amount due the Contractor.
___= END OF SECTION 00800 =___
Page 402 of 1264
SECTION 00900
Page 1 of 1
EROSION CONTROL CERTIFICATION
SECTION 00900
Dated:
City:
Address:
Project:
Contract No.
Description:
I certify under penalty of law that I understand the terms and conditions of the National Pollutant
Discharge Elimination System (NPDES) Permit that authorizes the storm water discharges
associated with industrial activities from the construction site and as detailed in the Contract
Documents. Further, by my signature, I understand that I am becoming a co-permittee, along with
the owner(s) and other contractors and subcontractors signing such certifications, to the Iowa
Department of Natural Resources NPDES General Permit No. 2 for "Storm Water Discharge
Associated with Industrial Activity for Construction Activities" at the project site. As a co-
permittee, I understand that I, and my company, are legally required under the Clean Water Act
and the Code of Iowa, to ensure compliance with the terms and conditions of the storm water
pollution prevention plan developed under this NPDES permit and the terms of this NPDES
permit.
I agree to indemnify and hold the City harmless from any claims, demands, suits, causes of
action, settlements, fines, or judgments and costs of litigation, including, but not limited to,
reasonable attorney's fees and costs of investigation and arising from a condition, obligation, or
requirement assumed or to be performed by the Contractor for storm water pollution and erosion
control.
Fines and other costs incurred against the City for the Contractor's failure to provide the required
erosion control practices will be paid by the Contractor.
Contractor:
(Authorized Signature)
(Title)
==== END OF SECTION 00900 ===
Page 403 of 1264
SECTION 00401
Page 1 of 2
LUMP SUM BID PROPOSAL FORM
SECTION 00401
PROJECT: Rustic Point Park Development
4418 Rustic Point Lane, Dubuque, IA 52002
BID TO: City of Dubuque
City Clerk Office
50 W. 13t" Street
Dubuque, Iowa 52001
BID FROM:
Eastern Iowa Excavating & Concrete, LLC (Company)
121 Nixon St SE (Street Address)
Cascade, IA 52033 (City, State, Zip)
:563) 852-5120 (Telephone)
401.1 General
The undersigned Bidder agrees, if the Bid is accepted, to enter into a Contract with the City, in
the form included in the Contract Documents, to perform and furnish the Work as specified or
indicated in the Contract Documents for the Base Bid Lump Sum Price and within the Bid time
indicated in the Contract Documents and in accordance with other terms and conditions of the
Contract Documents.
401.2 Recitals
In submitting this Bid, Bidder represents, as more fully set forth in the Public Improvement
Contract, that:
a. This Bid will remain subject to acceptance for forty-five (45) calendar days after the
day of Bid opening;
b. The City has the right to reject this Bid and to waive any informalities in the bidding;
c. Bidder accepts the provisions to the Instructions to Bidders regarding dispositions of
Bid Security;
d. Bidder will sign and submit the Public Improvement Contract with the Bond and
other documents required by the Contract Documents within ten (10) calendar days
after the date of City's Notice of Award;
The Bidder hereby certifies that they are the only person or persons interested in this proposal
as principals; that an examination has been made of the plans, specifications, contract form,
including the special provision contained herein, and the work site, and the Bidder understands
that the quantities of work shown herein are approximate only and are subject to increase or
decrease; and further understands that all quantities of work, whether increased or decreased,
are to be performed at the lump sum price as stipulated herein; the Bidder proposes to furnish
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SECTION 00401
Page 2 of 5
all necessary machinery, equipment, tools, labor and other means of construction, and to
furnish all materials specified in the manner and time prescribed and to do the work at the
prices herein set out.
401.3 Bidder's Acknowledgment
In submitting this Bid this Bidder acknowledges and represents that:
1) Bidder has examined copies of all the Contract Documents;
2) Bidder has visited the Place of Work and become familiar with the general, local,
and site conditions;
3) Bidder is familiar with federal, State, and local laws, ordinances and regulations
that govern the work specified by the Contract Documents;
4) Bidder has correlated the information known to the Bidder, observations obtained
from the examination of the site, reports and drawings identified in the Contract
Documents and additional investigations, explorations, tests, studies and data
within the Contract Documents;
5) This Bid is genuine and not made in the interest of or on behalf of an undisclosed
person, firm or corporation; Bidder has not directly or indirectly induced or
solicited another Bidder to submit a false or sham Bid; Bidder has not solicited or
induced a person, firm or corporation to refrain from Bidding; and Bidder has not
sought by collusion to obtain for itself an advantage over another Bidder or over
City;
6) Local and State sales and use taxes are not included in the Bid Amount.
7) Bidder has examined and understands that the following reports listed in Section
00775 are part of the Contract Documents have been considered and are
included in the Bid Amount.
Report Title Plans of Proposed Improvements for Rustic Point Park Development,
Dated 08/19/2025.
401.4 Base Bid Amount
Bidder will complete the work in accordance with the Contract Documents for the following:
Lump Sum Base Bid Amount $ 212,130.1
(figures)
Two Hundred Twelve Thousand, One Hundred Thirty and 10/100-------------- (use words)
Any written exclusions on the Bid Form may render the Bid as nonresponsive and may
result in a rejection of the Bid by the City.
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SECTION 00401
Page 3
401.5 Alternate Bids
Alternate Bids are not anticipated for this project.
401.6 Unit Prices
For changing specified quantities of work during the execution of the Project, from those
indicated by the Contract Documents, upon written Change Order issued by the City, the unit
prices indicated below shall prevail. The unit prices include all labor, overhead and profit,
materials, equipment, appliances, bailing, shoring, shoring removal, etc. to complete the Work.
Only a single unit price shall be given and it will apply to either more or less work than that
shown in the Contract Documents or included in the Base Bid. In the event of more or less
units are required to complete the work as so indicated or included in the Base Bid, a change
order will be issued for the increased or decreased amount of units. Unit prices may be applied
at the City's option in the event that additions to or deductions from the work required by the
Contract Documents are ordered by the City.
The Unit Prices below will not be used by the City for determining the low bid amount.
a. Unit Cost per SF For Limestone Steps
ADD or DEDUCT: $ 112.00 per SF
b. Unit Cost per EA For Boulders
ADD or DEDUCT: $ 55.00
W
C. Unit Cost per EA for Microforest Plantings (1" cal. 5-10 gal. potted trees or 5 gal.
shrubs).
ADD or DEDUCT: $ 154.00 per EA
401.7 Timeliness
Bidder agrees that the work shall be Substantially Complete and made ready for final payment
in accordance with Contract Documents no later than the date(s) indicated in Section 00800 —
Construction Schedule and Agreed Cost of Delay.
401.8 Additional Documents To Be Submitted With Bid
The following additional documents are included and made a condition of this Bid:
A. Bid Bond Section (00450)—or other approved Bid Security.
Accompanying this Bid in a separate sealed envelope is a Bid Bond, cashier's check, or
certified check in the penal sum of ten percent (10%) of the submitted Bid. It is
understood that the Bid security will be retained in the event a contract is not executed
by the Contractor if award is made to the undersigned. If a Bid Bond is submitted it must
be executed by the Bidder and acceptable corporate surety. If a Cashier's check or
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certified check is submitted it must be made payable to the City Treasurer, City of
Dubuque, drawn on a bank in Iowa or a bank chartered under the laws of the United
States.
B. Bidder Status Form (Section 00460)
401.9 Document Submittal Requirements by Apparent Low Bidder
The apparent low bidder must submit the Contractor Background Information Form (Section
00471) to the Jurisdiction Representative within 72 hours after the bid opening. Failure to
submit the Contractor Background Information Form by the required deadline may be
considered justification for the City to determine the Bidder as not responsible.
401.10 Contract Execution
The Bidder further agrees to execute a formal contract and Bond, within ten (10) calendar days
after the date of the City's Notice of Award. The Bidder also agrees it will commence work on
or before (10) calendar days after the date of City's Notice to Proceed, and it will complete the
work within the specified contract period or pay the Agreed Cost of Delay stipulated in the
Contract Documents.
401.11 Questions and Interpretations
Failure by the Bidder to request clarification of the Contract Documents during the bidding
process does not waive the responsibility for comprehension of the documents and
performance of the work in accordance with the Contract Documents. Signing of the Bid
Proposal Form constitutes the Contractor's certification as implicitly denoting thorough
comprehension of intent of the Contract Documents.
401.12 Addenda
The Bidder acknowledges receipt of the following addenda:
Addendum No. 1 Dated
Dated:
Dated:
Dated:
401.13 Signatures
Contractor:
9/5/2025
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SECTION 00401
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Eastern Iowa Excavating & Concrete, LLC Dated: 9/9/2025
Contractor Name
121 Nixon St SE
Street (Business Location)
Cascade
City
low 52033
Sta Zip
Dated: 9/9/2025
Signature
Owner
Title
The Bidder's State of Iowa does ( ) / does not ()o utilize a percentage preference
for in -state Bidders. The amount of preference is percent.
==== END OF SECTION 00401 ====
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SECTION 00460
Page 1 of 2
Bidder Status Form
SECTION 00460
To be completed by all Bidders Part A
Please answer "Yes" or "No" for each of the following:
9 Yes ❑ No My company is authorized to transact business in Iowa.
(To help you determine if your company is authorized, please review the worksheet on the next page).
IRYes El No My company has an office to transact business in Iowa.
9Yes []No My company's office in Iowa is suitable for more than receiving mail, telephone calls, and e-mail.
RYes ❑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 all resident Bidders Part B
My company has maintained offices in Iowa during the past 3 years at the following addresses:
Dates: 11/25/2008 to Present Address: 121 Nixon St SE
(mm/dd/yyyy)
Dates: to
(mm/dd/yyyy)
Dates: to
(mm/dd/yyyy)
City, State, Zip: Cascade, IA 52033
Address:
City, State, Zip:
Address:
City, State, Zip:
You may attach additional sheet(s) if needed.
To be completed by all non- resident Bidders Part C
Name of your home state or foreign country reported to the Iowa Secretary of State.
Does your company's home state or foreign country offer preferences to Bidders who are residents? ❑ Yes ❑ No
If you answered "Yes" to question 2, identify each preference offered by your company's home state or foreign country
and the appropriate legal citation.
You may attach additional sheet(s) if needed.
To be completed by all Bidders Part D
I certify that the statements made on this document are true and complete to the best of my knowledge and I know
that my failure to provide accurate and truthful information may be a reason to reject my Bid.
Firm Name:
Signature:
& Con
Date: 9/9/2025
You m ubmit the complete form to the government body requesting Bids per 875 Iowa Administrative Code Chapter 166
This Form has been approved by the Labor Commissioner
309-6001 02-14
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SECTION 00480
Page 2 of 2
Worksheet: Authorization to Transact Business
This worksheet may be used to help complete Part A of the Resident Bidder Status form. If at least one of the following
describes your business, you are authorized to transact business in Iowa.
IR 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 IR 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 IR 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 9 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 IR 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.
f 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 IR No My business is a limited liability company whose certificate of organization is filed in a state other than Iowa,
has received a certificate of authority to transact business in Iowa and the certificate has not been revoked
or canceled.
___= END OF SECTION 00460 =___
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