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Awarding Contract for the Eagle Point Park Environmental Restoration Project Phase 1 Turf/SQR Copyrighted August 19, 2019 City of Dubuque Action Items # 1. ITEM TITLE: Awarding Contractforthe Eagle Point Park Environmental Restoration Project- Phase 1) Turf Conversion & Soil Quality Restoration SUM MARY: City Manager recommending award of the contract for the Eagle Point Park Environmental Restoration Project- Phase 1 Turf Conversion & Soil Quality Restoration to the sole bidder, Applied Ecological Services. RESOLUTION Awarding the public improvementcontract for the Eagle Point Park Environmental Restoration Project: Phase 1) Turf Conversion and Soil Quality Restoration (SQR) SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Adopt Resolution(s) ATTACHMENTS: Description Type Eagle Point Park Turf Conversion and Soil Quality City Manager Memo RestorationAward-MVM Memo Staff memo Staff Memo Phase 1 Cost estimate Supporting Documentation Contractor bid Supporting Documentation Resolution Supporting Documentation Dubuque THE CITY OF � uI�AaMca cih DuB E � � I � � I Maste iece on the Mississi i Zoo�•zoiz•zois YP pp zoi�*zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Eagle Point Park Environmental Restoration Project: Phase 1) Turf Conversion and Soil Quality Restoration Award Contract (CIP #720-2301) DATE: August 13, 2019 Sealed bids were received for the Eagle Point Park Environmental Restoration Project: Phase 1) Turf Conversion and Soil Quality Restoration. Leisure Services Manager Marie Ware and Planning Services Manager Laura Carstens recommend award of the contract to the sole bidder, Applied Ecological Services, in the amount of $326,225.20. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Marie Ware, Leisure Services Manager Laura Carstens, Planning Services Manager Dubuque THE CITY OF � AII�A�eriea Ciq DuB E ;�r��lr����, Master iece on tyie Mississi i zoo�.zo�z.zo�s P PP 2017*2019 TO: Michael C. Van Milligen, City Manager FROM: Marie Ware, Leisure Services Manager Laura Carstens, Planning Services Manager SUBJECT: Eagle Point Park Environmental Restoration Project: Phase 1) Turf Conversion and Soil Quality Restoration Award Contract — (CIP #720- 2301) DATE: August 9, 2019 INTRODUCTION The purpose of this memo is to provide the City Council with information to award Applied Ecological Services (AES) the Phase 1) Turf Conversion and Soil Quality Restoration (SQR) Project to begin construction work implementing the Eagle Point Park Environmental Restoration Management Plan (CIP #720-2301). Supporting documentation and a resolution are enclosed. BACKGROUND The Eagle Point Park Environmental Restoration Management Plan, approved by the City Council in January 2017, outlines the unique nature and value of this park and the importance of making the site more resilient. The report focuses on the restoration of native plants to improve the health of the ecosystem and enhance ecological functions such as water purification, groundwater recharge and pollinator support. Another major area of focus is the reduction of stormwater runoff and the use of stormwater best practices to reduce soil erosion and improve water quality. The City Council approved a $185,244 Contract with Emmons and Olivier Resources, Inc. (EOR) in October 2018 for Project Design, Construction Management, and Grant Administration Services. EOR is assisting the City with implementing best practices outlined in the Environmental Restoration Management Plan as well as grant administration and Section 106 historic preservation review. DISCUSSION The City team for this project includes staff from Leisure Services, Engineering, and Planning Services Departments. City Staff and the EOR team are receiving guidance from the lowa Department of Natural Resources (IDNR) and the lowa Department of Agriculture and Land Stewardship (IDALS) in developing plans and specifications for implementing best practices. Eagle Point Park is listed in the National Register of Historic Places. The park has been determined to possess historic, architectural, cultural, and archeological resources. The commentary from the State Historic Preservation Office (SHPO) has required additional information from our consultants re: design aspects of a bio-retention basin along the park road and the question of removal of potential legacy trees in that specific basin area. This has generated expenses of$16,466.08 for additional design work by EOR and the need for archeological monitoring by Bear Creek Archeology. The turf conversion and SQR work has already been cleared by SHPO and NPS. Consequently, City staff have been working with EOR consultants and IDNR and IDALS staff to move the project forward through two bidding packages: Phase 1) Turt Conversion and SQR now, and Phase 2) Bioretention Basin Construction, Tree Removal, and Native Vegetation Establishment later. Note: The bid documents provided to the City Council previously and posted for this project included an estimated project cost of$300,247.50. This was an earlier estimate that was subsequently updated and increased to accommodate specifications from the IDNR and IDALS staff. The actual estimate that should have been used is $323,675.00. The enclosed Statement of Estimated Quantities prepared by EOR for Phase 1) Turf Conversion and SQR of$323,675.00 consists of four components as shown below. Phase 1) Turf Conversion and SQR Cost Estimate Amount Total Turf Conversion $101,300.00 Total Soil Quality Restoration (SQR) $129,000.00 Total Erosion Control $53,950.00 Total Mobilization and Contingency $29,425.00 Total $323,675.00 The work involved with Phase 1) Turt Conversion and SQR is summarized as follows: . Turf Conversion - seeding and conventional mulching with bluff prairie/savanna seed mixture, forest/woodland seed mixture, and woodland with natives seed mixture; hydromulch (bonded fiber matrix); and three-year vegetative establishment / maintenance warranty period . Soil Quality Restoration - seeding and conventional mulching with permanent lawn mixture (SQR overseeding), deep core aeration, and compost installation . Erosion Control - various required measures to meet National Pollutant Discharge Elimination System (NPDES) permit requirements 2 BID RESULTS EOR prepared the bidding documents, plans, and specifications for this the project. Bids were received on August 8, 2019. AES was the sole bidder. Bid results are as follows: Contractor Base Bid Applied Ecological Services., Dubuque, IA $326,225.20 BUDGETIMPACT The IDNR is a major funding partner with $801 ,300 in state and federal pass-through grants awarded for this project, leveraged by $79,597 from the Leisure Services DepartmenYs FY14 Capital Improvement Project (CIP) #7202301 for Eagle Point Park. The City has two Resource Enhancement and Protection (REAP) grants from IDNR, a $175,000 Land and Water Conservation Fund (LWCF) federal pass-through grant from the National Park Service (NPS) to the IDNR, and a State Revolving Fund (SRF) Sponsored Project of$259,722 from the IDNR. Project funding is set forth below: Total Project Funding Source Agency/ Dept. Amount FY14 CIP#7202301 Storm water City Leisure Services $79,597.00 Erosion - Eagle Point Park REAP Grant#16-R4-CZ State IDNR $150,000.00 LWCF Grant#19-01320 Federal NPS pass-thru to IDNR $175,000.00 REAP Grant#18-R4-FC State IDNR $200,000.00 SRF Sponsor Grant#WRR17-017 State IDNR working with IDALS $259,722.00 Total $864,319.00 Total Project Expenses Amount EOR Design, Construction Management, Grant Administration Services, and $185,244.00 Ecological Monitoring EOR Additional Design + Bear Creek Archaeological Monitoring $16,466.08 Construction budget (Phase 1 and 2) $662,608.92 Total $864,319.00 With consulting costs of$201 ,710.08, the construction budget is $662,608.92 for both phases as shown. Phase 1) Turf Conversion and SQR is estimated at $323,675.00. Applied Ecological Services bid is approximately $2,550 over EOR's estimated budget with their bid of$326,225.20. The overage will be covered by remaining project funding in the construction budget without impacting our ability to proceed with bidding Phase 2. 3 RECOMMENDATION AES was the only firm to attend the pre-bid conference for the Phase 1 project, which was held on July 24, 2019 in Eagle Point Park. Questions and comments from AES at this bid conference resulted in the enclosed Addendum 1 to the project bid. This discussion reflected the close attention AES gave to the plans and specifications. AES is also the author of the Eagle Point Park Environmental Restoration Management Plan. The firm's employees are familiar with the park and the best practices in Phase 1 . AES is currently working on similar ecological restoration projects at Valentine Park and Four Mounds Park. It is important that the Phase 1 work begin this fall, to establish the necessary site conditions for the subsequent work to be completed in the Spring of 2020. Phase 1 work will be performed out of the Dubuque AES office with support from the AES office in Brodhead, Wisconsin. For these reasons, it has been determined that Applied Ecological Services of Dubuque, lowa, with a bid in the amount of $326,225.20 is the lowest responsive, responsible bidder for the project. Our recommendation is for the City Council to adopt the enclosed resolution awarding Applied Ecological Services the Eagle Point Park Environmental Restoration Management Project: Phase 1) Turt Conversion and SQR in the amount of $326,225.20. Enclosures cc: Jenny Larson, Director of Finance and Budget Stephen Fehsal, Parks Division Manager 4 Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210 Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121 RESOLUTION NO. 304-19 AWARDING THE PUBLIC IMPROVEMENT CONTRACT FOR THE EAGLE POINT PARK ENVIRONMENTAL RESTORATION PROJECT: PHASE 1) TURF CONVERSION AND SOIL QUALITY RESTORATION (SQR) Whereas, sealed proposals have been submitted by contractors for the Eagle Point Park Environmental Restoration Project: Phase 1) Turf Conversion and Soil Quality Restoration (SQR), pursuant to Resolution No. 263-19 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 18th day of July 2019; and Whereas, said sealed proposals were opened and read on the 8th day of August 2019 and it has been determined that Applied Ecological Services of Dubuque, Iowa, with a bid in the amount of $326,225.20 is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Applied Ecological Services and the ,City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved, and adopted this 19th day of August 2019. „4,1 Attest: Keviry'S. Firnstahl, City Clerk oy D. Buol, Mayor THE C1TY OF Dus E Masterpiece on the Mississippi STATEMENT OF ESTIMATED QUANTITIES EAGLE POINT PARK ENVIRONMENTAL RESTORATION PROJECT-PHASE 1 PREPARED BY EMMONS&OLNIER RESOURCES,INC. CIP No:1002643 EOR JOB:1417-0001 REV:June 13,2019 I[em No. SUDAS Ref.No. I[em Uni[ Es[ima[ed Uni[Cos[ Ex[ended Cos[ Quan[i[y 1 9010 Conventional seeding:Seeding and Conventional Mulching,Bluff Prairie/Savanna Seed Mixture ACRE 1.9 $ 3,500.00 $ 6,650.00 2 9010 Conventional seeding:Seeding and Conventional Mulching,ForestNVoodland Seed Mixture ACRE 4.0 $ 3,500.00 $ 14,000.00 3 9010 Conventional seeding:Seeding and Conventional Mulching,Woodland with Natives Seed Mixture ACRE 6.0 $ 3,500.00 $ 21,000.00 4 9010 Conventional seeding:Seeding,Fertilizing and Conventional Mulching,Permanent Lawn Mixture(SQR overseeding) ACRE 16.0 $ 2,000.00 $ 32,000.00 5 9010 Hydromulch:Bonded Fiber Matrix ACRE 11.9 $ 3,500.00 $ 41,650.00 6 9010 Deep Core Aeretion:Soil Quality Restoretion ACRE 11.0 $ 3,000.00 $ 33,000.00 7 9010 Compost(including installation) ACRE 16.0 $ 4,000.00 $ 64,000.00 8 9040 SWPPP Preparetion LS 1 $ 3,000.00 $ 3,000.00 9 9040 SWPPP Management LS 1 $ 5,000.00 $ 5,000.00 10 9040 SWPPP Qualifying Rain Event Inspection(>.5") EA 20 $ 250.00 $ 5,000.00 11 9040 Wattle,install and maintain LF 8150 $ 3.00 $ 24,450.00 12 9040 Wattle,remove LF 8150 $ 1.00 $ 8,150.00 13 9040 Silt Fence,install and maintain LF 250 $ 4.00 $ 1,000.00 14 9040 Silt Fence,remove LF 250 $ 1.00 $ 250.00 15 9040 Street Sweeper w/Pick-Up Broom(Regeneretive Air or High Effciency) HRS 12 $ 175.00 $ 2,100.00 16 9040 Additional Erosion Control Measures ALLOW 1 $ 5,000.00 $ 5,000.00 17 9040 3 Year Vegetation Establishment/Maintenance Warranty Period(to start after substantial completion) YEAR 3 $ 6,000.00 $ 18,000.00 18 11,020 Mobilization LS 1 $ 10,000.00 $ 10,000.00 CONSTRUCTION SUB-TOTAL $ 294,250.00 CONTINGENCY(10%) $ 29,425.00 TOTAL CONSTRUCTION COST $ 323,675.00 TOTAL TURF CONVERSION $ 101,300.00 TOTAL SOIL QUALIN RESTORATION $ 129,000.00 TOTAL EROSION CONTROL $ 53,950.00 SECTION 00400 Page 1 of 5 UNIT PRICE BID PROPOSAL FORM SECTION 00400 PROJECT: Eagle Point Park Environmental Restoration Project — Phase 1 Address BID TO: Office of Engineering Department City Hall Dubuque, lowa 52001 BID FROM: Applied Ecoloqical Services (Company) 3186 Huqhes Court (Street Address) Dubuque, IA 52003 (City, State, Zip) _�563) 845-a779 (Telephone) 400.1 General The undersigned Bidder agrees, if the Bid is accepted, to enter into an 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 Total Bid Amount and within the Bid time indicated in the Contract Documents and in accordance with other terms and conditions of the Contract Documents. 400.2 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 provislons 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; SECTION 00400 Page 2 of 5 The Bidder hereby certifies that the Bidder is 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. The measured unit quantity of any item stated in the plans, specification, or on the bid proposal form are approximate only and the final payment must be made by the work covered in the contract (Public Improvement Contract - Section 500). The Contractor further understands that all quantities of work, whether increased or decreased, are to be performed at the Unit Prices as stipulated herein; the Bidder proposes to furnish 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. 400.3 Bidder's Acknowledqment 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 Project Area 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. ReportTitle Geotechnical Report , Dated i/4/19 Report Title , Dated Report Title , Dated , A 1 SECTION 00400 Page 3 of 5 400.4 Unit Prices and Bid Amount rNErnv oF DUB E ACEendum No.: p/q I ibin.teq�ieccnntlrr:4fississippi CityofDubuque.lowa Bid ProposalSchedule BIO�ERNAME: /�pplleCJ ECOIOqICBI S2fVICBS onTe: 8/8/19 Project Name: Eagle Point Park Emimnmental Restaration Project-Phase 01 LINE NO. RNUMBER E BIO ITEM DESCRIPTION QTYN UNIT �NIT PRICE TOTAL PRICE 1 9010�108-A-1 Conventional seetling:Seetling and Convenlional Mvlc�ing �9 AC BWR Prainel5avanna SeeG Mixlure 54 311.00 $8 190.90 2 9010-108-A-1 Conventional seeding:Seeding antl Conven�ional Mulching, q 0 AC PoresvWootliane Seea Mixture $4 704.00 q 18 816.00 3 901�-108-A-1 Conventional seeGing:Sezding and Convenlional Mulching. 60 AC Woodlantlwi�hNativesSeedMixWre g3,431.00 320,586.00 J 9010-108-A-1 Conventional seedinB'�Seeding FerVlizing and Convenlional �6.0 AC MolchinB.PermanentLawnMixNre(SORoverseedinB) 31,457.00 423,312,00 s 9010-1oa-n-i OeepGoreAeralian so�io�arryaesroraeo� ���o A� 5330.00 53,630.00 6 9010408-A-3 Compost�inGutlinOinslallation) to.0 AC c�4 zZq 00 $67,SB4.00 7 5010-iC8-E 3 Yea�Vegelation Eslablishmenl/Mainfenance'Narzanty I Pe�iod(tos�artafiersu�staniialmmplelion) � L5 391,267.00 �91,267.00 � e 9oao-ioe-A-1 swPPPareParatio� � L5 52,489.00 y2,489.00 9 9040-108-A-2 SWPPPManagement � �S q1,097.00 51,097.00 '� I 10 9040-10&Ft Nfatlle.installantlmaintain 5000 �F 4�3.30 516,500.00 ii 9C40-108-F-2 wan�e,remove 5oC0 LF g0.89 $4,450.00 12 9040-10&N-182 Sill Fence.installand maintain 250 �F 42.56 g640.00 II 9040-108-N-3 SiI1 Fence,remove 2W LF j9 Z� I $2,3ll.50 ta 9040-108-Q-2 Hytlmmulch:Bon�edFiberMatrix >i�9 A� �y3,382.00 $40,245.80 t5 it020-108-A Mobnizaean � �S y10,000.00 510,000,00 16 none SwPPP oualitying Rain Event Inspection(>.5") Zo � g461.00 $9,220.00 V none Slree�Sweeper wl Pick-Up Bmam(Regene2trve Air ar HiBh Errciency) e HRS g110.00 y880.00 18 none AatlitionalEmsionCOMmlMeasures i ALLOW 5 5400.00 g 5,40000 Bid Amaunt: 5326,225.20 SECTION 00400 Page 4 of 5 400.7 Timeliness Bidder agrees that the work shall be Substantialiy 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. 400.8 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 certified check is submitted it must be made payable to the City Treasurer, City of Dubuque, drawn on a bank in lowa or a bank chartered under the laws of the United States. B. Bidder Status Form (Section 00460) 400 9 Document Submittal Requirements bV 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. 400.10 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 ten (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. 400.11 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. t I SECTION 00400 Page 5 of 5 400.12 Addenda The Bidder acknowledges receipt of the following addenda: Addendum 1 Dated: 8/1/19 i Dated: Dated: Dated: 400.13 Siqnatures Contractor: Applied Ecoloqical Services Dated: 8/8/19 Contractor Name 3186 Huqhes Court Street (Business Location) Dubuque City IA / 52003 State / ; Zip �''��� Dat2d: 8/8/19 Signature � IA Contractinq Manaqer Title The Bidder's State of n/a does ( ) / does not ( ) utilize a percentage preference for in-state Bidders. The amount of preference is percent. ___= END OF SECTION 00400 =__ _� / THE CITY OF City of Dubuque D l.,l 1� '�'� Engineering 50. W. 13`h Street Dubuque, IA 52001 Masterpiece on El1e Mississippi (ess) ess-a2�o (563) 589-4205 FAX ADDENDUM NO. 1 To: All Planholders and Interested Parties Project: Eaqle Point Park Environmental Restoration — Phase 01 Date: Auqust 1, 2019 Bids Due: 2:00 PM, August 8, 2019 (NO CHANGE) The following additions, revisions, corrections, and clarifications contained herein shall become part of the Construction Documents for the Project, and shall be included in the Scope of Work and Bid Proposals to be submitted. References made below to Specifications and Construction Drawings shall be used as a general guide only. Bidders shall determine for themselves the full scope of work affected by the Addendum items. Construction Drawinqs 1. SHEET 02 — SCHEDULE OF ESTIMATED QUANTITIES: Clarification to Item #17. All park and public roadways and parking areas must be maintained per ISWMM and NPDES requirements with tracked soil or sediment removed within 24 hours. Regular sweeping with a skid steer and broom attachment is recommended to make sure roadways are clean and clear. If the Engineer determines that additional measures are required the Contractor will be asked to provide a street sweeper with pick-up broom (regenerative air or high efficiency) to thoroughly clean the area. 2. SHEET 04 — SEEDING NOTES: Change to Item #4 under NATIVE SEEDING AND PREPARATION. The Owner (City of Dubuque Parks) will continue to mow all turf within the park throughout the project. The contractor will not be responsible for mowing, however the contractor should coordinate closely with Parks about mowing needs for SQR areas to ensure proper growth and establishment. Specifications 1. S8. SUDAS 9010 - SEEDING Addendum No.1 Page 1 15.3 Fertilizer— Clarification: Fertilizer shall be used on the turf seeded areas on an as-needed basis, pending review of overseeding progress in SQR areas by Owner and Landscape Architect. 15.6 Compost— Equipment— Clarification: Compost shal/be applied primarily with a pneumatic compost blower, however some areas may require application with a tractor with pull-behind spreader, provided wheels are wide enough to prevent further compaction of site during application. Landscape Architect to approve compost application plan and equipment prior to the start of work. All compost must be raked after application. 15.6 Compost— Execution— Clarification on #4: Watering shall be done on an as-needed basis to ensure proper growth and establishment of newly seeded areas. City supplied water will be available. Should the bidder wish to receive a copy of this Addendum #1 via e-mail, please call 563-589-4270 and one will be e-mailed upon request. It is required to acknowledge this addendum on the Bid Proposal Form. Sincerely, Stephen Fehsal Park Division Manager City of Dubuque END OF ADDENDUM NO. 1 Addendum No.1 Page 2 SECTION 00460 Page 1 of 2 Bidder Status Form SECTION 00460 To be completed bv all Bidders pa�q Please answer"Yes"or'No'for each of the fol!owing�. X Yes C No Nly company is authorized to transact business in lowa. (To help you dete�mine if you�company is aufhorized, please revie�ro the worksheef on the next page). ZYes -�No My company has an office to transact business in lowa. xYes �No My company's offlce in lowa is suitable for more than receiving mail, telephone calls, and e-mall. XYes -�No My company has been conducting ousiness in lowa for at least 3 years prior[o the first request for Bids on this project. �Yas �No My company is nof a subsidiary of another buslness entib�or my company Is a subsltliary of another bcslness en[ity(ha[would qualify as a resident Bidder in loeva. If you answ2red "Yes"for each questlon above, your company qualifes as a resldent Bldder. Please complete Parts B and D of this form. If you answered `No'to one or more queslions above, your company is a non-resident Bidder. Please compl2te Parts G and D of this form. To be completed bV all resident Bidders Parf 8 My company has maintained offices in lowa during the past 3 years at the following addresses: Dates: May 201Z to current Address: 3186 Huqhes Court (mm/dd/yyyyJ City, State, Zip: Dubuque, IA Dates: to Ad d ress� (mm/dd/�yyy) City. State, Zip: Dates: to Address: (mm/dd/yyyy) Ciry. State, Zip: You may attach additional sheet(s) if needed. To be completed bv all non-resident Bidders Part C Name of your home state or foreign country reported to the lowa Secretary of State. Does your companys 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 wuntry and the appropriate legal citation. You may attach additional sheet(sJ if needed. To be completed bv all Bidders Part D I certify that the statements made on this document are true and complete to the best ot my knowledge and I know r.hat my failure to provide accurate and truthful information may be a reason to reject my Bid. Firm Name A plied ttolo ical rvices Siynature: Date: g/g/19 You must submii the complete form ro the govcrnment body requesting Bids per 875 lowa Administrative Cotle Chapter 156 This Form has been approved by Ihe Labor Commissioner 309-6001 02-14 2of2 � Worksheet: Authorization to Transact Business This worksheet may be used to h21p 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 lowa. 1c Yes �_� No My business i;currently register2d as a contractor with [he lowa Division of Labor. �= Yzs X No My business is a sole proprietorship and I am an lowa resident for lowa income tax purposes. _ Y�s i� No My business is a general partnership or joint venture. More than 50 percent of the general pariners or joint venture parties are residents of lowa for lowa income tax purposes. X Yes �- No My business�is an active corporetion with the lowa Secretary of Siate 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. �: Yzs C No My business is a corporetion whose arliGes of inwrporation are tiled in a state other than lowa, the corporation has received a certificate of authonty from the lowa secretary of slate, has filed its most recent , biennial report with the secretary of state, and has neither receivzd a certificate of withdrewal from the secretary oi state nor had its authority revok2d. C Yes � No My business is a limited liability partnership�which has fled a statement of qualification in this state and the statement has not been canceled. ��- Yzs X No My business is a limited lia'oility partnership which has fled a statement of qualificatlon in a state other than lowa, has filed a statement of foreign qualiflcation in lowa and a statement of cancellatlon has not been filed. = Yzs � No My business is a limi!ed partnership or limited liability limited partnership which has filed a certificate of limited partnership in this state,and has not fled a statement of termination. _= Yas X No My business is a limited partnership or a limited liability limited partnership whos2 certifcafe of limited partnership is filed in a state other than lowa, the limited partnership or limited liability limited partnership has received notification from the lowa secr2tary of;tate that the application for certificate of authority has been approved and no notice of cancellation has been fled by the limited partnership or the limited liability limited partnership. - Yas x No My business is a limited lizbility company whose ceRifcate of organization is filed in lowa and has not filed a statement of termination. � Yas �X No My'ousiness is a limited liaoiliry company whose certificate of organization is filed in a state other than lowa, has received a certifcate of authority to [ransacl business in lowa and the certificate has not been revoked or canceled. ___= END OF SECTION 00460 =___ i SECTION 00450 Page 1 of 1 BID BOND SECTION 00450 We Appfied Gcological Services, Inc. as Principal (Contractor), and Liberty Mutual Insurance Company , as Surety, are held and firmly bound unto the City of Dubuque, lowa (City), in the sum of $ ]0% of Amount Bid (10% of (use numbers) the Bid amount), for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors,jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying Bid, dated 31st day of Julv , 20 19 for Eagle Point Park Environmental Restoration Project - Phase 1� Project No CIP #1002643 (ProjeCt). NOW, THEREFORE, if the Principal shall not�vithdraw said Bid within the period specified therein during the opening of same, or if no period specified, within thirty (30) days after said opening, and must within the period specified therefore, if no period be specified, within ten (10) days after date of City's Notice of Award, enter into a the Public Improvement Contract with the City, in accordance with the Bid as accepted, and give Bond with good and sufficient surety or sureties, as may be required for the faithful performance and proper fulfiliment of such Contract, then the above obligation shail be void and of no effect, otherwise to remain in full force. The full amount of this Bid Bond will be forfeited to the City as an Agreed Cost of Delay in the event that the Principal fails to execute the contract and provide the Bond as provided in the Contract Documents or by law. IN WITNESS WI-IEREOF, the above parties have executed this instrument under their several seals this 31 st day of July , 20 19 the name and corporate seal of each corporate party being hereto affixed and duly signed by its undersigned representative pursuant to authority of its governing body. PRINCIPAL: SURETY: Applied Ecological Services, Ina Liberty Mutual Insurance Company Contrac or Na €' Surety 6fie I � By. Si nature // By� �'`'' 9 Signa ure Connie Smith Attorney-in-Fact Title Title 0���2vi 1� July 31, 2019 Date Date ___= ENO OF SECTION 00450 =___ This Power of Attorney limits the acts of those named herein,and ihey have no authority to bind lhe Company except in fhe manner and to the extent herein stated. Liber� Liberty Mutual Insurance Company Mutuala The Ohio Casualty Insurance Company Cenificate No E196952 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALl PERSONS BY THESE PRESENTS:Thal The Ohio Casualty Insurence Company is a corporeGon tluly organized under the laws of Ue Stale of New Hampshire, lhat Liberty Mutual Insurance Company is a corporalion duly organized under the laws ot the Slate of Massachusetls,and West American Insurance Company is a corporation duly organized under�he laws of the Stale of Indiana(herein colleclively called�he"Companies"),pursuant lo and by authorily herein set fohh,does here6y name,consliWte and appoinl, Michael].Dou2las.Robert Downey,Chrislopher M_Remp,Kory Mor[zl,Connic Smi[h Chns Stmna¢el all of Ihe city of Hudson state o( W I each intlividually if Ihere 6e more Ihan one named,its tme and IavAul attomey-in-fact lo make, exeate,seal,acknowledge and deliver,for and on its behalf as surety and as ils act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of fhese presents and shall he as binding upon Ihe Companies as if they have been duly signed by the presideN and attested by�he secrelary ot�he Companies in Iheir own proper persons. IN WITNESS WHEREOF,Ihis Power of Attomey has been subscribed hy an aulhorized oKmer or official o(Ihe Companies and the corporate seals of lhe Companies have been af(ixed � therelo Ihis 4tli day of Ocm6cr , 2018 . LiheRy Mutual Insurance Company ��NSUq �tY iNsp WSUR TheOhioCaSualtylnsuranceCompany JP�0.POqq qZ Jp'oavoqqr'�'q PN pro q2 a 'Fo m v+ F � � ° R"o� N1est American Insurance Company �, � � m n r � 1912 0 0 1919� � f 21991 n / / //// � r 'es t 3 5 e � � t o �///,��j N � 'J",� ncHusE,dJ O kxnracs�dD3 .�s �hoinxr dD .✓% CN�9 N � e�� { �,N �'Ht t ti� ''M x �N gY' �� /� � c David M.Carey,Assistant Secrelary � -� SlateofPENNSYLVANIA � � � CountyofMONTGOMERY ss � m � N On Ihis Jth day of Ocrobcr 2018 before me personally appeared David M.Carey,who acknowledged himself b 6e the Assistant Secretary o(Li6erty MuWal Insurance o o� Company,The Ohio Casualty Company,and West American Insurance Company,and Iha�he, as such, heing authonzed so to do,execule�he foregoing inslrument for�he purposes —� � > therein contained by signing on behalf of Ihe corporations by himself as a duly authorized officec �W �� IN WITNESS WHEREOF,I have hereunto subscrihed my name antl affxed my notarial seal at King of Prussia,Pennsylvania,on Ihe day and year first above writtea �p. @ N y� PqS` �O O � F.�oxIA�F F( COMMONWEALTH OF PENNSYLVANIA � � �k� 9�i p No�anal5eal ¢� �� Teresa Pas�ella,Nomry Public � ���eA�� O� O� 4v+ � UpperMerionTwp.,M1tan�gomeryCounly By;� � � G (E `T� �`rl MyCommissionEapiresMarrh2B2021 � n, .,�..�V9 U Teresa Pastella,Nola PubLc 3 � �N i�.��f�' FlembepPennsylvaniaAssocia�lonolNolanes ry a0 � � .�__a+"� N O �� This Power of Albmey is made and executed pursuant[o and by authori�y of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Li6erty Mutual w°� 0,5 Insurance Company,and West American Insurance Company which resolutions are now in full force and eflect reading as follows: o � E � ARTICLEN-OFFICERS:Section72.PowerofAttomey. � .�i� � @ Any offcer or other official of lhe Corporation au�horized for Ihat purpose in wriling by the Chairman or lhe Presidenl, and subject lo such limita�ion as the Chairman or the a� -o � President may prescribe,shall appoint such attomeys-in-facl,as may be necessary to act in behalf of ihe Corporation to make,exewle,seal,acknowletlge and deliver as surety >o � � any and all undedakings,bonds,recognizances antl other surety obligations.Such attorneys-in-fact,subject to the limitalions sel fodh in their respec6ve powers of aHomey,shall s N have full power to 6intl fhe Corpoiation by�heir signature and execution o�any such insUuments and to attach thereto Ihe seal of the Corporetion.When so execuled, such "'�, � � instruments shall be as bindin as if si ned 6 the Presiden�and atlested to b the Secreta An �N Z c� 9 9 Y Y ry. y power or authonty granted lo any representative or aflomey-in-fact under the M provisions of Ihis arUcle may be revoked at any time by the Board,the Chairman,ihe President or by the o�cer or offcers granting such power or authority. `c°J ARTICLE XIII-Execution of Contracts:Seclion 5.Surety Bonds and Undedakings. o 0 � Any oKcer of the Company aulhorized for that purpose in woting hy the chairman or the president,and subject to such limita6ons as the chairman or ihe president may prescribe,H.- shall appoint such attomeys-imfact,as may be necessary to act in behalf of Ihe Company to make,exeate,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.Such attorneys-imfact subject to ihe limilations set fodh in Iheir respective powers of atlorney,shall have(ull power to bind ihe Company 6y their signaWre and execufion of any such inslruments and to attach thereto Ihe seal of the Company.When so exeated such instmmen(s shall be as binding as if signed by the president antl apesled by the secretary. Certificate of Designation-The President of the Company,acting pursuant lo the Bylaws of the Company,authorizes David M.Carey,Assislant Secretary to appoint such attomeys-in- facl as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undedakings,bonds,recognizances and olher surety obligations. Authorization-By unanimous consen[of Ihe Company's Board of Directors,Ihe Company consents Ihat facsimile or mechanically repmduced signature of any assistant seaetary of the Company,wherever appearing upon a cedifed wpy of any power of attomey issued 6y the Company in connection with surety bonds,shall be valid and bintling upon Ihe Company wilh the same force and eflec�as though manually affixed. I, Renee C.Llewellyq the undersigned,Assistanl Secrelary,The Ohio Casualty Insurance Company,Libedy Mutual Insurance Company,and Wes�American Insurance Company do here6y certify that�he original power of attomey of which lhe bregoinq is a full,true and correct copy of ihe Power of Attorney execuled by said Companies,Is in full force and effect and has not been rewked. Q � IN TESTIMONY WHEREOF,I hava hereunlo set my hand ond aKzed Ihe seals of said Companies�tls.7�ST day of �U]p , 2019 . —i�_ P`1NSUq9 P�tY INS� � W SpR 'jJ`'0.POqqjuZ� ¢J/�oavaqr qn \P oaPoqqroH� /'J o p m i�� V F � _� r 1912 0 0 1919 � f 1991 � .. ,, `�'d S+cxusE aa3 0 `�'xamvs+pWD r �.�oiax> D� By: g�� + �� ,�Hl # �a SgM Hd Renee C.Llewellyn,Assislanl 5ecretary � LM115-128]3 LMIC OCIC WAIC Multi Co 062018