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Iowa 32 Hike Bike Trail Phase 3 Project_Approving PlansMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Iowa 32 Hike /Bike Trail, Phase 3 Project, CIP #100 -2273 DATE: March 16, 2011 Dubuque hitti All- AnaticaCity 1 2007 Leisure Services Manager Marie Ware recommends City Council approval of the plans and specifications for the Iowa 32 Hike /Bike Trail, Phase 3 project. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Marie L. Ware, Leisure Services Manager z Michael C. Van Milligen' Masterpiece on the Mississippi TO: FROM: SUBJECT: DATE: INTRODUCTION DISCUSSION Michael C. Van Milligen, City Manager Marie L. Ware, Leisure Services Manager Iowa 32 Hike /Bike Trail, Phase 3 Project, CIP #100 -2273 March 15, 2011 Dubuque bitri NI- America City 1 111! 2007 The purpose of this memorandum is to request that the City Council approve the Plans and Specifications for the Iowa 32 Hike /Bike Trail, Phase 3 project. The FY 2012 C.I.P. budget contains $200,000 for continuation of Phase 3 of the Iowa 32 Hike /Bike Trail. This third phase begins at Plaza Drive ending at Payton or Holliday. Phase 1 & 2 are completed and run from Highway 52 to Plaza Drive. The project is being funded by a $200,000 REAP grant. The estimated project costs are as follows: Construction contract Contingency Engineering Total RECOMMENDATION I recommend that the City Council approve the Plans and Specification for the Iowa 32 Hike /Bike Trail, Phase 3 project. ACTION STEP $ 147,000 $ 20,000 $ 33,000 $ 200,000 The action requested is that the City Council approve the Plans and Specifications for the Iowa 32 Hike /Bike Trail, Phase 3 project. RESOLUTION NO. 102 -11 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE IOWA 32 HIKE /BIKE TRAIL, PHASE 3 PROJECT (CIP # 100 -2273) NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Iowa 32 Hike /Bike Trail, Phase 3 project (CIP #100 - 2273), in the estimated amount $200,000, are hereby approved. Attest: Passed, adopted and approved this 21st day of March ► 011. dol eanne F. Schneider, CMC, City Clerk Roy D. Buol, Mayor Masterpiece on the Mississippi CITY OF DUBUQUE DUBUQUE, IOWA March 7, 2011 NW Arterial Hike /Bike Trail - Phase 3 CIP: 100 -2273 CONSTRUCTION DOCUMENTS MANUAL BID DATE 2:00 PM, Thursday, March 24, 2011 CONTRACT AWARD Monday, April 4, 2011 COMPLETION Wednesday, August 1, 2011 V_; C I N Attention: Kenneth Buesing or Nick Lange 563 - 556 -4389 Dubuque An- AmmicaCAy 11111 1 2007 Questions during the bidding period concerning plans and specifications should be addressed to: NOTICE TO BIDDERS CITY OF DUBUQUE PUBLIC IMPROVEMENT PROJECT NW Arterial Hike /Bike Trail - Phase 3 Time and Place for Filing Sealed Proposals. Sealed bids for the work comprising each improvement as stated below must be filed before 2:00 p.m. on March 24th, 2011, in the Office of the City Clerk, City Hall - First Floor, 50 West 13 Street, Dubuque, Iowa. Time and Placed Sealed Proposals Will be Opened and Considered. Sealed proposals will be opened and bids tabulated at 2:00 p.m. on March 24, 2011, at City Hall. - Conference Room B, 50 West 13th Street, Dubuque, Iowa, for consideration by the City Council (Council) at its meeting on April 4, 2011. The City of Dubuque, Iowa, reserves the right to reject any and all bids. Time for Commencement and Completion of Work. Work on each improvement shall be commenced within 10 days after the Notice to Proceed has been issued and shall be fully completed by August 1, 2011. Bid Security. Each bidder shall accompany its bid with a bid security as security that the successful bidder will enter into a contract for the work bid upon and will furnish after the award of contract a corporate surety bond, acceptable to the governmental entity, for the faithful performance of the contract, in an amount equal to one hundred percent of the amount of the contract. The bid security shall be in the amount of ten percent (10 %) of the amount of the contract and shall be in the form of a cashier's check or certified check drawn on a state - chartered or federally chartered bank, or a certified share draft drawn on a state - chartered or federally chartered credit union, or the governmental entity may provide for a bidder's bond with corporate surety satisfactory to the governmental entity. The bid bond shall contain no conditions excepted as provided in this section. Contract Documents. Bid documents may be picked up at Buesing and Associates, 1212 Locust Street, Dubuque, IA 52001, 563 -556 -4389. No plan deposit will be required. Prospective bidders are required to make an effort to contact Targeted Small Businesses for bidding work on this project. The contractor will be required to fulfill all requirements of the Targeted Small Business (TSB) Affirmative Action Responsibilities on Non - Federal -aid Projects (Third -party State - Assisted Projects). The Targeted Small Business (TSB) Pre -bid Contact Information form 730007 must be submitted with the bid proposal forms to show compliance with the TSB provision. Preference for Iowa Products and Labor. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to The extent lawfully required under Iowa statutes. Sales Tax. The bidder should not include sales tax in its bid. A sales tax exemption certificate will be available for all material purchased for incorporation in the project. General Nature of Public Improvement. Iowa 32 Hike/Bike Trail, Phase 3 Project, CIP: 100 -2273 This project will include construction of approximately three /fourth's mile of asphalt trail from Plaza Drive to Payton Drive, along Iowa 32. Approximately 5,250 c.y. of cut and fill earthwork will be needed, 8" of base stone, and 3" of ACC paving. Published in the Telegraph Herald, March 1 1 th , 2011. CONSTRUCTION SCHEDULE AND LIQUIDATED DAMAGES Work herein provided for shall be commenced within the (10) days after notice to proceed has been issued and shall be fully completed by For each calendar day that any work shall remain uncompleted beyond the completion schedule, $750.00 per calendar day will be assessed, not as a penalty but as predetermined and agreed liquidated damages. The Contractor will be separately invoiced for this amount, and final payment will be withheld until payment has been made of this invoice. The assessment of liquidated damages 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 his contract. 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 plans. 2. Delays caused by the City. 3. Other reasons beyond the control of the Contractor, which in the City's opinion, would justify such extension. NW Arterial Hike /Bike Trail - Phase 3 GENERAL NOTES TO CONTRACTOR Contractor will perform all work in accordance with the project specifications, Iowa DOT specifications or City of Dubuque specifications as applicable. City Engineer reserves the right to reject any and all bids or to waive any technical ties and irregularities such as unbalanced bidding. Contractor must commence work within ten (10) days of the Notice to Proceed. Prospective bidders are required to make an effort to contact Targeted Small Businesses for bidding work on this project. The contractor will be required to fulfill all requirements of the attached Targeted Small Business (TSB) Affirmative Action Responsibilities on Non - Federal -aid Projects (Third -party State - Assisted Projects). The Targeted Small Business (TSB) Pre -bid Contact Information form 730007 must be submitted with the bid proposal forms to show compliance with the TSB provision. See appendix for more information and a copy of this form. Buesing & Associates, Inc. will provide construction staking for the project at no cost to Contractor. Contractor will be required to furnish twenty -four (24) hour notice on request for construction grade or alignment stakes. Contractor will conduct his operations in such a manner to minimize conflict with pedestrian and vehicular traffic along the Northwest Arterial, Plaza Drive, Asbury Road, Payton Drive & Holliday Drive. During the progress of the work, the convenience of the public, residents and the businesses along these streets must be maintained whenever possible. It will be the responsibility of Contractor to secure permission from the IDOT for access to the trail site at any other location beyond those shown on the drawings. It will also be Contractor's responsibility to return the area to a manner that is acceptable to property owner at no additional cost to the City. Contractor will be responsible for any property damages in any manner if, in the opinion of the City, Contractor's operations exceed the normal limits of construction. The contractor shall not remove any trees larger than 6 inches in diameter unless expressly granted permission by the City. Any trees that are removed that are not specifically approved shall be replanted or replaced with like items at the contractor's expense. Contractor will make all necessary arrangements with all utilities, individual and/or agencies, owning or using underground or overhead appurtenances of any type by this project to maintain and protect said items. Contractor will be wholly responsible for any required relocation of all affected appurtenances and the cost for all of the above will be merged into the overall bid. It is further understood and agreed that Contractor has visited the project site and has considered in his bid all the permanent and temporary utility appurtenances in their present or relocated positions and that no additional compensation will be allowed for any delays, inconvenience, or damage sustained by Contractor due to any interference from the said utility appurtenances or the operation of moving them either by the utility company or by Contractor; or on account of any special construction methods required in prosecuting his work due to the existence of said appurtenances either in their present or relocated. positions. It is also understood that Contractor has considered in his. bid all labor and materials for: utility exploration, temporary utility connections, temporary re- routing of utilities, excavation and backfill for these operations. Compaction of all fill material under the roadway, parkway, and sidewalk shall be per the technical specifications. Backfilling specifications shall be strictly enforced to insure proper compaction. During the grading portion of the project, the Contractor shall provide the Engineer with the results the density testing results on a bi- weekly basis. The testing shall be completed on a minimum of a three times a week basis and shall be taken such that they are representative of the work in progress. If the testing is by means of a nuclear density machine, the work will be performed by a certified user. Costs for the testing shall be included within the earthwork bid of the contractor. The Contractor will be required to have a Certified Competent Person in compliance with OSHA's Trenching and Excavation standards available for consultation to make sure that all trenching and excavations are performed in a safe manner when working within the City right of way. A copy of the City of Dubuque Administrative Policy for Iowa Occupational Safety and Health Act Excavation Safety Violations is included in the Appendix. The Contractor needs to be aware that safe excavations and trenching may require proper shoring. There will be no additional compensation for additional shoring or related work required to insure a safe excavation. All additional costs are to be considered incidental to the overall contract. All concrete supplied on this project shall be from an approved certified Iowa Department of Transportation portland cement concrete mixing plant. The Contractor will also be required to submit the following documents: • Approved IDOT certification on the fly ash and cement. • Approved IDOT certification on all additives. • A source document for the water or tested and approved by IDOT. • An approved IDOT source document for the fine and course aggregate. The concrete plant/supplier will be required to provide Iowa Department of Transportation certified plant inspection In compliance with IDOT IM 527 for the duration of the project. The plant inspection and all submittals shall be incidental to the concrete costs on the project. Quality assurance /monitoring of testing will be performed by the City. All cement used on this project shall be type I cement as per City of Dubuque Standards & Specifications 14- 1.0303 unless otherwise stated in the specific bid item description. If the Contractor elects to use the maturity method for determining when the concrete pavement can be used for construction or public traffic, then the Contractor will be required to submit to the City copies of the following data: • maturity strength development • maturity field data and • validation of maturity curve. It will be the Contractor's responsibility to provide waste areas or disposal sites for excess material. No payment for overhaul will be allowed for excess material hauled to disposal sites. All items located on adjacent private property, including personal property, existing structures, mailboxes, fencing, property pins, etc, whether noted on the plans or not, will be protected and /or carefully removed and replaced to the satisfaction of City Engineer, all at Contractor's expense. Photographs will be taken by the City prior to start of the construction to record existing conditions of buildings, retaining walls, etc. All incidental materials or labor, whether shown on the plan or not, or specified herein, and which are necessary for the satisfactory completion of the project will be provided by Contractor and merged into the overall contract price. If the Contractor damages or destroys trees within the project vicinity due to negligence or non - compliance, the Contractor shall be required to pay for the necessary cost of repairs, removals, replacements and to reimburse the City for loss of value. Loss of value will be determined by the City Forester, using the most recent edition of The Council of Tree & Landscape Appraisers, Guide for Plant Appraisal. Contractor will perform all work in accordance with the City of Dubuque Standard and Supplemental Specifications. A complete copy of specifications can be obtained by contacting the Engineering Department office at City Hall or by calling 563- 589 -4270. Final Completion Date: AUGUST 1, 2011 HIKE AND BIKE TRAIL SITE IMPROVEMENTS BID PROPOSAL SCHEDULE PHASE #3 Item Description Quantity Unit Unit Cost Total Cost EARTHWORK A. EARTHWORK (PLAZA DR TO PAYTON DR) 1.) Est. Topsoil 2,152 C.Y. (6" Deep) - NONE NA $0.00 2.) Est. Subsoil 1,822 C.Y. - NONE NA $0.00 3.) Est. Total Cut 3,974 C.Y. 3,974 C.Y. 4.) Est. Fill 5,286 C.Y. .= (4,229 C.Y.+ 25%) - NONE NA $0.00 6.) Est. Borrow 1,312 C.Y. _ (5,286 C.Y.- 3974 C.Y.) 1,312 C.Y. SUBTOTAL EARTHWORK II. TRAIL CONSTRUCTION A. SUBBASE PREPARTION 1 Base Stabilization Allowance (Includes coring, and disposal, and new material) 1 L.S. $7,500.00 $7,500.00 B. TRAIL CONSTRUCTION 1 3" ACC Paving 3377 S.Y. 2 8" Stone Base 4118 S.Y. 3 2'x2' Detectable Warning Pads 24 EACH 4 6" Concrete Sidewalk 540 S.F. 5.Traffice Control & Related Signage (Complete) 1 L.S. SUBTOTAL TRAIL CONSTRUCTION III. UTILITIES CONSTRUCTION A. STORM SEWER . 1 18" RCP 28 L.F. 18" HDPE Includes Flared End Sections 62.5 L.F. 3 6" Subdrain Extenslon 8 L.F. 4 RIP -RAP 40 TON 5 Draintile (IF REQUIRED) Includes 4" tile, 1' wide by 36" deep trench and 318" clean porous backflll compacted V from surface 100 L.F. IV. SIGNAG _ mf Signs_and Pavement Installation 1 L.S. Markings & Striping 1 L.S. V . EROSION CONTROL A. Obtaining NPDES Permit, Prepare Erosion Control Plan (SWPPP) (Plaza Drive to Holliday Drive) 1 L.S. B. C. Erosion Control Operating Proceedures & Update SWPPP If Required 1 L.S. Inspections after> 1/2" Rainfall (SWPPP) 5 EVENT D. Install All Erosion Control Items Shown On SWPPP 1 L.S. E. Per manent Seeding & Fertilizing 1 L.S. F. Mulching 1 L.S. SUBTOTAL VI. BOND A. Performance Payment and Maintenance Bond 1 L.S. BID L TOTAL BID ALTERNATES ALTERNATE 1 Item Description Quantity Unit Unit Cost Total Cost A. TRAIL CONSTRUCTION (Concrete) PLAZA DR TO PAYTON DR 1 5" PCC Paving 3,437 S.Y. 2 6" Stone Base 4,118 S.Y. ALTERNATE 2 Trail from Payton Drive to Holliday Drive Item Description Quantity Unit Unit Cost Total Cost EARTHWORK A. EARTHWORK (FROM PAYTON DR TO HOLLIDAY DR) 1.) Est. Topsoil 524 C.Y. (6" Deep) - NONE NA $0.00 2.) Est. Subsoil 336 C.Y. - NONE NA $0.00 3.) Est. Total Cut 860 C.Y. 860 C.Y. 4.) Est. Fill 750 C.Y. = (600 C.Y.+ 25 %) - NONE NA $0.00 II. TRAIL CONSTRUCTION A. SUBBASE PREPARTION 1 Base Stabilization Allowance (includes coring, and disposal, and new material) 1 L.S. $2,000.00 $2,000.00 B. TRAIL CONSTRUCTION 1 3" ACC Paving 1158 S.Y. 2 8" Stone Base 1418 S.Y. 3 2'x2' Detectable Warning Pads 8 EACH 4 6" Concrete Sidewalk 200 S.F. 5 Traffice Control & Related SIgnage (Complete) 1 L.S. SUBTO TRAIL CONSTRUCTION III. SIGNAG A. Signs and Installation 1 L.S. B. 'Pavement Markings & Striping 1 L.S. IV. EROSION CONTROL A. Install All Erosion Control Items Shown On SWPPP 1 L.S. B. Permanent Seeding & Fertilizing 1 L.S. C. Mulching 1 L.S. SUBTOTAL V . BOND 1 A. Performance Payment and Maintenance Bond 1 L.S. TOTAL BID ALTERNATE 3 Item I Description Quantity Unit Unit Cost Total Cost A. TRAIL CONSTRUCTION (Concrete) PAYTON DR TO HOLLIDAY DR 1 5" PCC Paving 1,180 S.Y. 2 6" Stone Base 1,418 1S.Y. i A^T,, L ERNATE 4 Should the intial Erosion Control Plan (SWPPP) prove to be inadequate to control erosion for whatever reason and the contractor needs to provide additional erosion control, the following unit prices shown on various Bid items shall govern the associated work. 1 Conventional Mulching (each square is 100'x100') N/A Square 2 Hydro Mulching (each square Is 100'x100') N/A Square 3 Wattles Installation and Removal N/A L.F. 4 Check Dams N/A Each 5 Filter Socks Installation and Removal ; N/A L.F. 6 Silt Fence N/A L.F. a. Installation and Final Removal NIA L.F. b. Removal of Sediment i N/A L.F. 7 Temporary Seeding N/A Acre BID PROPOSAL BID FORM 1B 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, and contract form, including the special provision contained herein, and of the site of the work, and the bidder understands that the quantities of work shown herein are approximate only and are subject to increase or decrease; and further understand that all quantities of work, whether increased or decreased, are to be performed at the unit price 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. Accompanying this proposal in a separate envelope is a cashier's or certified check 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, in the amount of ten percent (10 %) of the bid. submitted; or a bid bond in the penal sum of ten percent (10 %) of the bid submitted executed by the bidder and an acceptable Corporate Surety. It is understood that this proposal guarantee will be retained in the event the formal contract or bond is not executed, if award is made to the undersigned. The bidder further agrees to execute a formal contract and bond, if required by the contract documents, within seven (7) days of the award of the contract by the City Council, and that they will commence work on or about ten (10) days after the date of the contract, and will complete the work within the specified contract period or pay the liquidated damages stipulated in the contract documents. The bidder acknowledges receipt of the following addendum: Dated: Dated: Dated: PRINCIPAL Contractor Address Individual ( ) Partnership ( ) Corporation ( ) City Signature State Title Date Zip Note: To be completed by out -of -state bidders. The State of does ( ) / does not ( ) utilize a percentage preference for in -state bidders. The amount of preference is percent. PRINCIPAL BID BOND KNOWN ALL MEN BY THESE PRESENTS, that we as Principal (Contractor), and , as Surety, are held and firmly bound unto the City of Dubuque, Iowa (City), in the penal sum of in lawful money of the United States, 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 day of , 2011, for the NW Arterial Hike /Bike Trail - Phase 3 Project. NOW, THEREFORE, if the Principal shall not withdraw 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 shall within the period specified therefore, if no period be specified, within seven (7) days after the prescribed forms are presented to him for signature, enter into a written contract with the municipality, 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 fulfillment of such contract, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the municipality in liquidations of damages sustained in the event that the afore described bidder, Principal, fails to execute the contract and provide the bond as provided in the specifications or by law. IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their several seals this day of , 2011, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. SURETY Contractor Surety Company By Signature Signature Title Title Date Date CITY OF DUBUQUE, IOWA IMPROVEMENT CONTRACT THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for reference purposes the day of , 2011, between the City of Dubuque, Iowa, by its City Manager, through authority conferred upon the City Manager by its City Council (City) and (Insert Contractors Name) of the City of (Insert Contractors Address City, State). 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 NW Arterial Hike /Bike Trail - Phase 3. The Project shall be made to the established grade and to the grades as shown on the profiles and cross - sections on file in the City Engineer's office for this Project, in strict accordance with the requirements of the laws of the State of Iowa and ordinances of the City of Dubuque relating to public works, and in accordance with the Contract Document shall of which provisions and documents are each and all hereby referred to and made a part of this Contract just as much as if the detail statements thereof were repeated herein. 2. Contract Documents shall mean and include the following: All ordinances and resolutions heretofore adopted by the City Council having to do with the Project; the Notice to Bidders; the Contractor's Proposal; and the Plans, Specifications, and General Requirements as adopted by the City Council for the Project. 3. All materials used by the Contractor in the Project shall be the best of their several kinds and shall be put in place to the satisfaction of the City Manager. 4. The Contractor shall remove any materials rejected by the City Manager as defective or improper, or .any of said work condemned as unsuitable or defective, and the same shall be replaced or done anew to the satisfaction of the City Manager at the cost and expense of the Contractor. 5. Five percent (5 %) of the Contract price shall 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 that may be filed within said time for labor and materials done and fumished in connection with the performance of this Contract and for a longer period if such claims are not adjusted within that time, as provided in Iowa Code Chapter 573. The City shall 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 shall be held by the City until such claims have been settled, adjudicated or otherwise disposed of. 6. The Contractor has read and understands the specifications including General Requirements and has examined and understands the plans herein referred to and agrees not to plead misunderstanding or deception because of estimates of quantity, character, location or other conditions surrounding the same. 7. In addition to the guarantee provided for in the specifications, the Contractor shall also make good any other defect in any part of the Project due to improper construction notwithstanding the fact that said Project may have been accepted and fully paid for by the City, and the Contractor's bond shall be security therefore. 8. The Contractor shall fully complete the Project under this Contract on or before: August 1, 2011. 9. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City from and against all claims, damages, losses and expenses, including-but not limited to attorney fees, arising out of or resulting from performance of the 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 (other than the Project itself) including loss of use resulting there from, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, the Contractor's subcontractor, or anyone directly or indirectly employed by the Contractor or the Contractor's subcontractor or anyone for whose acts the Contractor or the Contractor's subcontractor may be liable, regardless of whether or not such claim, damage, Toss or expense is caused in part by a party indemnified hereunder. THE CITY AGREES: Upon the completion of the Contract, and the acceptance of the Project by the City Council, the City agrees to pay the Contractor as full compensation for the complete performance of this Contract, the amount determined for the total number of units completed at the unit prices stated in the Contractor's Proposal and less any liquidated damages provided for in the Contract Documents. The number of units stated in the plans and specifications is approximate only and the final payment shall be made by the work covered by the Contract. CONTRACT AMOUNT $ (Insert Contract Amount) FURTHER CONDITIONS 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 agreement 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 agreement or arrangement with any other person, firm, corporation or association which tends to or does lessen or destroy free competition in the letting 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 be less than $ ( Dollars) as liquidated damages to the City. The surety on the bond furnished for this Contract, shall 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. The Contractor agrees, and its bond shall be surety therefore, that it will keep and maintain the Project in good repair for a period of two years after acceptance of the same by the City Council and its bond shall be security therefore. The Contractor agrees, and its bond shall be surety therefore, that it will keep and maintain the Project in good repair for a period of two years after acceptance of the same by the City Council and its bond shall be security therefore. The City of Dubuque and the Contractor agree to comply with 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 amended, Executive Order 11738, and Environmental Protection Agency regulations (40 CFR, Part 15). Contractor shall 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). CITY OF DUBUQUE, IOWA By PRINCIPAL City Manager Contractor This is to certify that a certified copy, of the above Contract has been filed in my office on the day of , 2011. By: Signature Title CERTIFICATE OF CITY CLERK Jeanne F. Schneider, CMC, City Clerk CITY OF DUBUQUE, IOWA PERFORMANCE, PAYMENT AND MAINTENANCE BOND KNOWN ALL MEN BY THESE PRESENTS: That (Insert Contractor's Name) as Principal (Contractor) and as Surety are held firmly bound unto the City of Dubuque, Iowa (City), in the penal sum of $ (Insert Contract Amount) the same being 100% of the total price of the Contract for the Project herein referred to, lawful money of the United States of America, well and truly to be paid to said City of Dubuque, and to all other parties who, under the provisions of the laws of Iowa, are intended to be protected and secured hereby for which payment we bind ourselves, our heirs, executors, successors and assigns, jointly and severally by these presents. Dated at Dubuque, Iowa, this duly attested and sealed. day of , 2011, and WHEREAS, the said Contractor by a Contract dated (Insert Contract Date: Month XX, 2011), incorporated herein by reference, has agreed with said City of Dubuque to perform all labor and furnish all materials required to be performed and furnished for the NW Arterial Hike /Bike Trail - Phase 3 Project according to the Contract and Construction Documents prepared therefore. It is expressly understood and agreed by the Contractor and Surety bond that the following provisions are a part of this Bond and are binding upon said Contractor and Surety, to -wit: 1. PERFORMANCE BOND: 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 City from all outlay and expense incurred by the City 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 BOND: The Contractor and the Surety shall pay all just claims submitted by persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the performance of the Contract on account of which this Bond is given, including but not limited to claims for all amounts due for labor, materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used by the Contractor or any subcontractor, wherein the same are not satisfied out of the portion of the contract price which the City 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, Code of Iowa, which by this reference is made a part hereof as though fully set out herein. 3. MAINTENANCE BOND: The Contractor and the Surety hereby agree, at their own expense: A. To remedy any and all defects that may develop in or result from work to be performed under the Contract within the period of two (2) year(s) from the date of acceptance of the work under the Contract by the City Council of the City of Dubuque, Iowa, by reason of defects in workmanship or materials used in construction of said work; B. To keep all work in continuous good repair; and C. To pay the City the reasonable costs of monitoring and inspection to assure that any defects are remedied, and to repay the City 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 agreement herein made extends to defects in workmanship or materials not discovered or known to the City at the time such work was accepted. NOW, THEREFORE, the condition of this obligation is such that if the said Contractor shall perform all of the work contemplated by the Contract in a workmanlike manner and in strict compliance with the plans and specifications, and will pay all claims for labor and materials used in connection with said Project, to indemnify the said City for all damages, costs and expense incurred by reason of damages to persons or property arising through the performance of said Contract, and will reimburse the City for any outlay of money which it may be required to make in order to complete said Contract according to the Construction Documents and will maintain in good repair said Project for the period specified in the Contract where this bond is obligated for maintenance, and will faithfully comply with all 'of the provisions of Section 573 of the Code of Iowa, then this obligation shall be null and void, otherwise it shall remain in full force and effect. All the conditions of this bond must be fully complied with before the Contractor or the Surety will be released. The Contract, Contractor's Proposal, and Construction Documents shall be considered as a part of this Bond just as if their terms were repeated herein. Dated at Dubuque, Iowa this day of , 2011. CITY OF DUBUQUE, IOWA By: PRINCIPAL City Manager Contractor By: SURETY By: Signature Title Surety Company Signature Title City, State, Zip Code Telephone Attorney In Fact CITY OF DUBUQUE, IOWA SALES USE TAX EXEMPTION CERTIFICATE The City of Dubuque, as a designated exempt entity awarding construction contracts on or after January 1, 2003, may 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). This special exemption certificate may 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. If the jurisdiction, at its option, decides to utilize this exemption option, it will so state by special provision and publication in the Notice of Hearing and Letting. 1. Upon award of contract, the Jurisdiction 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 duly approved by the Jurisdiction in accordance with Section 1030, 1.10, B. These documents allow the Contractor and subcontractors to purchase materials for the contract free from sales tax. The Contractor and subcontractors may make copies of the tax exemption certificate and provide a copy to each supplier providing construction material. These tax exemption certificates and authorization letters are applicable only for the work under the contract. 2. At the time the Contractor requests permission to sublet in accordance with said Section 1030, 1.10, B, the Contractor shall provide a listing to the Jurisdiction identifying all subcontractors, including the Federal Employer Identification Number (FEIN) for the Contractor and all subcontractors, as well as the name, address, telephone number, and a representative of the organization which will perform the work, a description of the work to be sublet, and the associated cost. 3. 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 the were used on the contract, and shall pay tax on any materials purchased tax -free and not used on the contract. 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 LD. Number: (or Include Social Security Number) Work Type to be Completed: PROJECT INFORMATION REQUIREMENTS FOR STATE OF IOWA SALES TAX EXEMPTION CERTIFICATES FOR CONTRACTORS & SUBCONTRACTORS Submitting Department: Please complete this form in its entirety and submit along with the executed Construction Contracts, Bonds and Certificate of Insurance. Upon receipt, the City Finance Department will work with the Iowa Department of Revenue to issue Sales Tax Exemption Certificate(s) to the approved Contractor(s) to allow for the purchase or inventory withdrawal of materials for the specified Construction Project free from State of Iowa Sales Tax. Construction Project Name: 1 NW Arterial Hike/Bike Trail - Phase 3 Project Description: The NW Arterial Hike/Bike Trail will be a 10 -foot wide paved hike/bike trail along the Northwest Arterial from the end of the existing trail at Plaza Drive. The project includes grading, paving, signage, erosion control and all other aspects required for the completion of the project. Start Date (Bid let date): March 24, 2011 Completion Date: August 1, 2011 3. Subcontractor: Complete Address: (Include PO Box and Street Information) Complete Address: (Include PO Box and Street Information) Telephone Number: City, State, Zip Code Federal I.D. Number: (or Include Social Security Number) 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: 5. 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: 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: PROJECT INFORMATION PAGE 2 10. 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: 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: 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: 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: PROJECT INFORMATION PAGE 3 a. $1,000.00 b. 5% of the contract price SPECIAL PROVISIONS An out -of -state Contractor, before commencing a contract in excess of $5,000.00, shall, pursuant to Iowa Code 91.C.7(2), file a bond with the Division of Labor Services of the Department of Employment Services. The surety bond shall be executed by a surety company authorized to do business in the State of Iowa, and the bond shall be continuous in nature until canceled by the surety with not less than 30 days written notice to Contractor and to the Division of Labor Services of the Department of Employment Services indicating the surety's desire to cancel the bond. The bond shall be in the sum of the greater of the following amounts: Release of the bond shall be conditioned upon the payment of all taxes, including contributions due under the unemployment compensation .insurance system, penalties, interest, and related fees, which may accrue to the State of Iowa or its subdivision on account of the execution and performance of the contract. If any time during the term of the bond, the Department of Revenue and Finance determines that the amount of the bond is not sufficient to cover the tax liabilities accruing to the State of Iowa or its subdivision, the Department will require the bond to be increased by an amount the Department deems sufficient to cover the tax liabilities accrued and to accrue under the contract, as provided under Iowa Code 91C.7(2). If it is determined that this subsection may cause denial of federal funds which would otherwise be available, or would otherwise be inconsistent with requirements of federal law, this section shall be suspended, but only the extent necessary to prevent denial of the funds or to eliminate the inconsistency with federal requirements. INSURANCE SCHEDULE B INSURANCE REQUIREMENTS FOR ARTISAN CONTRACTORS OR GENERAL CONTRACTORS TO THE CITY OF DUBUQUE 1. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa. All insurers shall have a rating of A or better in the current A.M. Best Rating Guide. 2. All policies of insurance shall be endorsed to provide a thirty (30) day advance notice of cancellation to the City of Dubuque, except for a ten (10) day notice for nonpayment, if cancellation is prior to the expiration date. This endorsement supersedes the standard cancellation statement on the certificate of insurance. 3. Contractor shall furnish a signed Certificate of Insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I. Such Certificates shall include copies of the following endorsements: a) Commercial General Liability policy is primary and non - contributing b) Commercial General Liability additional insured endorsement -See Exhibit I c) Governmental Immunities Endorsement Contractor shall also be required to provide Certificates of Insurance for all subcontractors and all sub -sub contractors who perform work or services pursuant to the provisions of this contract. Said certificates shall meet the insurance requirements as required in Exhibit I. 4. Each certificate shall be submitted to the City of Dubuque. 5. Failure to provide minimum coverage 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 agreement. 6. Contractor shall be required to carry the following minimum coverage /limits or greater if required by law or other legal agreement; as per Exhibit I. This coverage shall be written on an occurrence, not claims made form. Form CG 25 03 03 97 "Designated Construction Project (s) General Aggregate Limit" shall be included. All deviations or exclusions from the standard ISO commercial general liability form CG 001 shall be clearly identified. Governmental Immunity endorsement identical or equivalent to form attached,. INSURANCE SCHEDULE B (Continued) INSURANCE REQUIREMENTS FOR ARTISAN CONTRACTORS OR GENERAL CONTRACTORS TO THE CITY OF DUBUQUE Additional Insured Requirement -- See Exhibit I. 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 shall be named as an additional insured on General Liability Policies for all classes of contractors. Class A, B, and C Contractors shall include coverage for The City of Dubuque as an additional insured including onaoinq and completed operations coverage equivalent to: ISO CG 20 10 07 04 *and CG 20 37 07.04. ** *ISO CG 20 10 0704 "Additional Insured- Owners, Lessees or Contractors — Scheduled Person or Organization" * *ISO CG 20 37 0704 "Additional Insured — Owners, Lessees or Contractors — Completed Operations" Completion Checklist Class A Contractors, Class B Contractors and Class C Contractors ❑ Certificate of Liability Insurance (2 pages) ❑ Designated Construction Project(s) General Aggregate Limit CG 25 03 03 97 (2 pages) ❑ Additional Insured CG 20 10 07 04 ❑ Additional Insured CG 20 37 07 04 ❑ Governmental Immunities Endorsement INSURANCE SCHEDULE B (Continued) EXHIBIT I - Contractors Insurance Requirements Contractors shall provide The City of Dubuque with a current Certificate of Insurance for this specific project, which is in conformity with this Exhibit and the Contract. The requirements below are the minimum allowable. CLASS A: General Contractors, Contractors, Trade Contractors, Subcontractors, Sub Sub Contractors, who perform the following work: Demolition Piles &Caissons Site Utilities Reinforcement Structural Steel & Decking Miscellaneous Steel Roofing & Sheet Metal Special Construction Plumbing Systems HVAC General Liability (Occurrence Form Only) Commercial General Liability General Aggregate Limit Products - Completed Operations Aggregate Limit Personal and Advertising Injury Limit Each Occurrence Limit Fire Damage Limit (any one occurrence) Medical Payments Automobile $1,000,000 (Combined Single Limit) Umbrella Earthwork Paving & Surfacing Concrete Precast Concrete Masonry Fireproofing Elevators Fire Protection Electrical $2,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 $ 5,000 Additional Insured- 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 shall be named as additional insured including ongoing operations CG 20 10 07 04 or equivalent, and completed operations CG 20 37 07 04 or equivalent. See Specimens Standard Workers Compensation — with waiver of subrogation to The City of Dubuque Statutory for Coverage A Employers Liability: Each Accident Each Employee- Disease Policy Limit- Disease $ 100,000 $ 100,000 $ 500,000 $3,000,000 INSURANCE SCHEDULE B (Continued) EXHIBIT I - Contractors Insurance Requirements CLASS B: General Contractors, Contractors, Trade Contractors, Subcontractors, who perform the following work: Landscaping Finish Carpentry Doors, Window & Glazing Plastering Systems Painting & Wall Covering Motorized Vehicular Snow Removal Fertilizer Application Rough Carpentry Waterproofing Drywall Systems Specialties Equipment Chemical Spraying Pest Control General Liability (Occurrence Form Only) Commercial General Liability General Aggregate $2,000,000 Products - Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence Limit $1,000,000 Fire Damage Limit (any one occurrence) $ 50,000 Medical Payments $ 5,000 Additional Insured - 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 shall be named as additional insured, including ongoing operations CG 2010 07 04 or equivalent, and completed operations CG 2037 07 04 or equivalent. See Specimens Automobile $1,000,000 (Combined Single Limit) Standard Workers Compensation — with waiver of subrogation to the City of Dubuque Statutory for Coverage A Employers Liability: Each Accident $ 100,000 Each Employee — Disease $ 100,000 Policy Limit — Disease $ 500,000 Umbrella $1,000,000 INSURANCE SCHEDULE B (Continued) EXHIBIT 1- Contractors insurance Requirements CLASS C: General Contractors, Contractors, Trade Contractors, Subcontractors, Sub - Subcontractors who perform the following work: Caulking & Sealants Tile & Terrazzo Flooring Carpet & Resilient Flooring Non Vehicular Snow Removal Janitorial Acoustical Furnishings Grass Cutting Window Cleaning General Cleaning General Liability (Occurrence Form Only) Commercial General Liability General Aggregate $2,000,000 Products - Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence Limit $1,000,000 Fire Damage Limit (any one occurrence) $ 50,000 Medical Payments $ 5,000 Additional Insured - 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 shall be named as additional insured, including ongoing operations CG 2010 07 04 or equivalent, and completed operations CG 2037 07 04 or equivalent. See Specimens Automobile $1,000,000 (Combined Single Limit) Standard Workers Compensation -with a waiver of subrogation to The City of Dubuque Statutory for Coverage A Employers Liability: Each Accident $ 100,000 Each Employee- Disease $ 100,000 Policy Limit - Disease $ 500,000 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN( 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1140&41 TYPE OF INSURANCE POLICY NUMBER PpC A�( Y BFPECTIVE i.RHDjVY POLICY EXPORT/MN RAIl UNITS A X GENERAL X LIABILITY COM@.HERCIAL GENERAL LIABILITY. INSURER B: EACH OCCURRENCE $ 1,000,000 DDA TO RESEED NYS Ira I My one $ 50,000 INSURER E: 1 CLAIMS MADE X OCCUR MED EXP person) $ 5, 000 PERSONAL S ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 ` DE ` N� ^ T AGGREGATE LIMIT APPLIES PER '^ I POLICY I 128ii. n LOC PRODUCT -COMP/OP -CO /OP AGG $ 1, 000,000 A X AUTOMOBILE X _ ^--^ LIABILITY ANY AUTO ALLOWINEDAUTO SCHEDULED AUTOS HIRED AUTOS NON•OWNED AUTOS INSURANCE SAPLE CONTRACTORS CLASS CHEDULE B A (Ea CO COMBINED SINGLE LIMIT $ 1,000,000 BOOEYMWURY (PBrpe on) s BODILY INJURY (Per accident) (P accId TY M anMaGE S GARAGE LIABILITY ANY AUTO AUTO ONLY • EA ACCIDENT $ OTHER THAN FA ACC 9 AUTO ONLY: AGG 9 A X EXCESS/UMBRELLA I OCCUR LIABILITY [] CLAIMS MADE DEDUCTIBLE RETENTION $ 0 s 3,000 000 EACH OCCURRENCE AGGREGATE $ 3,000,000 s S $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? X OeecAbe under SPECIAL PROVISIONS below X WD STATV• 1 IOTLi- Q$I_LE)L E.L. EACH ACCIDE $ 100, 000 E.L. DISEASE • EA EMPLOYEE 9 100, 9 500, 000 E.L. DISEASE • POLICY LIMIT OTHER °ESC/IF/ION OP THE CITY OF DUBUQUE P�NS / LOCATIONS /VEHICLES ! EXCLUSIONS ADDEO BY ENDORSEMENT/ SPECIAL PROV$IONS IS AN ADDITIONAL INSURED ON GENERAL LIABILITY POLICIES INCL. ONGOING & COMPLETED )PERATIONS COVERAGE EQUIVILANT TO ISO CG 2010 0704 & CG 2037 0704.GENERAL LIABILITY POLICY IS PRIMARY & 40N- CONTRIBUTING.FORM CG 2503 0397 "DESIGNATED PROJECTS" GENERAL LIABILITY AGGREGATE LIMIT SHALL BE INCL.GOVERNMENTAL IMMUNITIES ENDORSEMENT IS INCL. WAIVER OF SUBROGATION IN FAVOR OF CITY OF DUBUQUE ON 4ORKERS COMPENSATION.ALL POLICIES SHALL BE ENDORSED TO PROVIDE 30 DAYS ADVANCE NOTICE OF CANCELLATION ACORD CERTIFICATE OF LIABILITY INSURANCE 02/2 i os PRGCUCER (563)556-0272 FAX (563) 556 -4425 INSURANCE AGENCY STREET ADDRESS CITY, STATE, ZIP CODE THIS CERTIFICATE IS ISSUED AS A MATTER OF INPORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND ALTER THE COVERAGE AFFORDED BY THE POUC OR ES BELOW. INSURERS AFFORDING COVERAGE NAIC * INURED Company Street Address City, State, Zip Code INSURER A: Insurance Company INSURER B: woolen C: INSURER D: INSURER E: CITY OF DUBUQUE CITY HALL SO W. 13TH STREET DUBUQUE, IA 52001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILLS MALL „ 30 DAYS WRDTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, IUfLXdGlfr)dk)tiY670MIXD(XXX 020410100GOMBOIXORBX1t XXXXXXXX AUTHORIZED REPRESENTATIVE ACORD 25 (2001 /08) (SACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. COMMERCIAL GENERAL LIABILITY CG 25 03 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT POLICY NUMBER: This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COURAGE C (SECTION I), which can be attributed only to ongoing operations at a single designated construction project show in the Schedule above: 1, A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or `property damage" included in the "products- completed operations hazard ", and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits ". 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. CG 25 03 03 97 Copyright, Insurance Services Offices, Inc., 1996 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit, B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products - Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products - completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products completed operations hazard" will reduce the Products - Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Limits of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. Name of Additional Insured Person(s) Or Organization(s): Location(s) of Covered Operations 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. Information required to complete this Schedule, if not shown above, will be show in the Declarations. POLICY NUMBER: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSORS, OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILTTY COVERAGE PART SCHEDULE A. Section II — Who is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insurer(s) at the location(s) designated above. CG 20 10 07 04 @ ISO Properties, Inc., 2004 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 B. With respect to the insurance afforded to these additional insured, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after. 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insurer(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Name of Additional Insured Person(s) Or Organization(s): Location and Description of Completed Operations 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. Information required to complete this Schedule, if not shown above, will be show in the Declarations. POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSORS, OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE C. Section II — Who is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard" CG 20 37 07 04 @ ISO Properties, Inc., 2004 CITY OF DUBUQUE, IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurance carrier 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 insurance carrier 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 insurance carrier shall not deny coverage under this policy and the insurance carrier 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. BID PROPOSAL SUBMITTAL CHECKLIST NW Arterial Hike /Bike Trail - Phase 3 Checking your bid submittal, before filing, against the following checklist will assist preventing minor errors or omissions, which could result in disqualifications of your bid because of technicalities. 1. Bid Proposal must be submitted on forms provided: BID PROPOSAL SCHEDULE Bid Form 1A BID PROPOSAL FORM Bid Form 1B Targeted Small Business Form 730007 2. Acknowledge receipt of all addendum(s) on Bid Proposal (Bid Form 1 B). 3. Bid Proposal (Bid Form 1 B) must be SIGNED by an authorized agent. 4. Bid Proposal must be accompanied by a BID BOND in an amount not less than ten percent (10 %) of the bid submitted or Certified check made payable to the "City of Dubuque" in an amount not less than ten percent (10 %) of the bid submitted. Bid Bond, if used, must be SIGNED by both the bidder and the Surety or Surety's Agent. Signature of Surety's Agent must be supported by accompanying Power of Attorney. 5. Bid Proposals must be submitted in a SEALED envelope, which shall be addressed as follows: City of Dubuque Office of City Clerk City Hall, 50 W. 13th Street Dubuque, Iowa, 52001 and shall be clearly labeled as follows: NW Arterial Hike /Bike Trail - Phase 3 6. Sufficient time should be allowed for mail bids to be delivered by normal Postal operation. Late bids will not be considered. 7. Bid must not be qualified in any way or contain any reservations not made optional in the Bid Form provided to bidders. This SPECIAL NOTICE is issued as a reminder against common irregularities in bids, and is not a Contract Document. SECTION 01010 SUMMARY OF WORK & SUPPLEMENTAL SPECIFICATIONS PART 1 - GENERAL 1.01 WORK COVERED BY CONTRACT DOCUMENTS A. Hike /Bike Trail along the Northwest Arterial from Plaza Drive to Payton Drive with an alternate bid to extend the trail to Holliday Drive. Project includes grading, paving and signage of a proposed hike and bike trail. The Hike and Bike trail will consist of the following general areas of work: 1. Obtaining an NPDES permit for said project. 2. Complete an initial Storm Water Pollution Prevention Plan for the project and submit it to the City of Dubuque Engineering Department for review, consideration and approval. The SWPPP has to be prepared by a licensed professional engineer in the State of lowa or by a Certified Erosion Control Specialist certified in the State of Iowa. 3. The bid item for obtaining said permit and preparation of an Erosion Control Plan (SWPPP) is for this work. Should it become necessary for whatever reason to modify the SWPPP after City of Dubuque approval of same, the costs associated with said modification shall also be included within the Erosion Control Operation procedures bid item. 4. Mow all weeds, grass, small trees and other herbaceous vegetation within the area needed for the earthwork. Mow close to the ground, chop into fine particles, clear from the site and then thoroughly mix with the topsoil stockpile. This work is included within the earthwork bid item for the project. 5. There is a bid item for the "Erosion Control Operation Procedures ". This bid item includes the necessary time associated with record keeping, regular inspections, updating SWPP Plans, etc. This bid item does not include the preparation of the Erosion Control Plan or inspections after 1 /2 inch or greater rainfall events. 6. The Contractor is required to acquire a Grading Permit from the City of Dubuque prior to the beginning of any construction. 7. Install all of the erosion control items per the SWPPP. There is a lump sum price in the bid schedule associated with this work. 8. Provide traffic control signage per IDOT requirements for the access points to the project site and other items as needed. Contractor should also coordinate any closures of Peyton or the drive to Asbury Plaza with adjacent property owners. The City can help facilitate putting out media announcements if needed. The total costs for traffic control and signage needed to complete all aspects of the project shall be included within the unit price bid associated with various bid items. There is no separate bid item for traffic control. Traffic control shall include all of the items necessary therein. 01010 -1 9. Strip & stockpile topsoil. This work is included within the earthwork bid for the project. Work shall be completed per section 2200 of the project specifications. • 10. Complete earthwork as necessary to bring the site to the profiles shown on the plans. This work shall also be competed per section 2200 of the project specifications. 11. Check the sub -base of the proposed trail with City Engineering personnel via a roll test to confirm that the sub -base soil material for the proposed trail is sufficiently firm for the placement of the stone and finish surface. This work is also included within the earthwork bid item for the project. 12. An allowance for Base Stabilization has been provided in the bid schedule for the contractor to use as required for this work item. Said allowance is the total dollars provided to the Contractor for completing this work item. Should the earthwork be completed in dry conditions and /or in such a manner that no Base Stabilization will be required, the allowance noted in the bid item shall be paid to the contractor as an incentive. Should additional costs beyond the $7,500 allowance be required to bring the sub -base into condition acceptable for paving, no additional funds will be authorized by the Owner for said work. An additional allowance of $2,000 is provided for the same purpose for the section between Payton Drive & Holliday Drive. 13. There are numerous things that the contractor can implement to minimize damage to the sub -base prior to the placement of stone and pavement. One example is for the contractor to create a separate haul road parallel to the trail in order to construct the trail. Restoration of this haul road back to the previous condition will be incidental to the project and will include grading, seeding and proper erosion control. A second is to complete the project during a dry period during the spring or summer of 2011. A third is to keep the trucks needed for concrete paving off of the trail surface. A fourth is to limit the size of the load in the asphalt /concrete trucks. 14. Inspection of the erosion control measures after each rainfall event of inches of rain or more. An item for inspection has been provided in the bid schedule. 15. Should the initial SWPPP prove to be insufficient to control erosion, the contractor shall initiate additional measures as necessary for the required control of erosion from the site. Unit prices have been included in a bid altemate to identify unit costs the contractor shall be paid for said work. Should measures necessary beyond those identified via the unit price be required, the Owner, Engineer and the Contractor shall work together to minimize the erosion in a manner acceptable to the City with the hourly rates and anticipated time required for said work being agreed upon at the time of the initiation of the work. 16. Crushed stone base for the trail shall be placed per City Standards. This is a bid associated with either ACC Paving or Concrete Paving, whichever paving surface is selected for the project. 17. Placement of either concrete or asphalt paving for the trail. HMA shall be 100K surface course, 3/8" aggregate mixture size per IDOT 4109 and (PG 01010 -2 64 -22). Each layer of asphalt shall be at least 1" thick and no more than four inches thick. Concrete shall be PCC pavement, (5 ") Class C. This work shall be per City of Dubuque Standard Specifications. 18. Installation of the short extensions of the existing reinforced concrete pipe (RCP) storm drain and adjacent 6" subdrain (as applicable) as shown on the project plans. A bid item has been provided to complete all of the necessary excavation, bedding, backfill, compaction, pipe placement, etc. as necessary for a complete installation per appropriate IDOT specifications as required to match existing. Work includes the removal of the existing flared end section, installing the new section of RCP and reinstalling said existing flared end section. 19. Installation of two sections of Type S HPDE plastic pipe as shown on the plans. Pipe shall be bedded (Bedding Class F -3) and installed per Iowa Sudas specifications for flexible pipe. Lime fill or acceptable on -site soils may be used for backfill material and compacted to 95% standard proctor density in areas under the trail. There shall be no adjustment in contract price if the contractor uses lime fill in lieu of on -site material. 20. Installation of the concrete sidewalk ramps & detectable wtarning.pads at the applicable highway intersections. Detectable pad shall be provided and installed per the City of Dubuque "Detectable Warning" Sidewalk Standards, Sheets 1 -3, Dated 8/11/2003. Four 2'X2' sections shall be placed in a ten foot square section of concrete walk at each side of the roadway intersections. 21. Final grading and placement of topsoil along the edges of the trail. Additional material necessary to bring the site to final grades shall be brought onto the site and placed as specified. If, for whatever reason, there is excess material, this may be wasted on site or hauled away. Any excess material wasted on site shall be graded smooth such that the area is ready for seed. This work shall be included within the earthwork bid item for the project. 22. Installation of signage and markings on the trail. Two bid items for this work has been provided. Work shall include all items necessary for the installation of signs, painting, striping, etc. as required for completion. All signage work shall be completed per IDOT specifications for same. 23. Contractor shall smooth all areas disturbed by his construction activities in anticipation for seeding areas adjacent to the trail and all other areas that were disturbed by his construction activities. This work shall be included within the earthwork section of the bid. 24. Contractor shall complete the preparation, mulching and seeding for the areas disturbed by his activities. The unit price bid for said work shall be the total costs associated with completing the seeding of the entire project site. 25. Design, Materials, and Construction, for Hot Mix Asphalt Pavement, and Base Repair shall conform to the Iowa Department of Transportation's Standard Specifications for Highway and Bridge Construction, Series 2009. In addition, all current revisions, General Supplemental Specifications, Supplemental Specifications, and Materials IM's, which are in effect on the date of advertisement, shall apply. 01010 -3 26. All new concrete paving shall be per the City of Dubuque Standards for same. Work necessary for the completion of this shall be included within the Concrete Paving bid item. 27. All aspects of the project shall be per the City of Dubuque Standard Specifications unless IDOT specifications or these project specifications are applicable. Method of measurement and basis of payment shall be per these specifications. 28. If the project extends beyond the seeding season as designated by the IDOT, we would propose that the contractor combine mulch and seed as necessary to control erosion and place the seed /mulch mixture as early in the next season as feasible. Seeding area includes all property disturbed by contractor's activities. 29. Any disturbance of material outside of the construction limits will be graded and seeded by the contractor at the contractors expense. 30. The contractor will be able to access the trail either from Plaza Drive, interchange adjacent to the Hy Vee Service Station, Asbury Road, Payton Drive & if required Holliday Drive. In addition, he may access the site off of the NW arterial (IA 32) with appropriate approvals and traffic control per IDOT requirements. B. Related work described elsewhere: 1. City of Dubuque Standard Specifications 2. IDOT Specifications C. Contractor's duties: 1. Except as specifically noted, provide and pay for: a. Labor, materials and equipment. b. Tools, construction equipment and machinery. c. Water, heat, and utilities required for construction. d. Other facilities and services necessary for proper execution and completion of work. 2. Secure and pay for, as necessary for proper execution and completion of work, and as applicable at time of receipt of bids: a. Permits b. Government fees c. Licenses 3. Give required notices. 01010 -4 4. Promptly submit written notice to Engineer and Owner of observed variance of Contract Documents from legal requirements. Assume responsibility for work known to be contrary to such requirements, without notice. 5. Enforce strict discipline and good order among employees. Do not employ on work: a. Unfit persons b. Persons not skilled in assigned task 6. Comply with codes, ordinances, rules, regulations, orders and other legal requirements of public authorities that bear on performance of work. 7. .Contractor shall provide a safe work environment and shall comply with all local, state, federal and O.S.H.A. laws. 1.02 CONTRACTOR USE OF PREMISES A. Confine operations at site to areas permitted by: 1. Law 2. Ordinances 3. Permits 4. Contract Documents B. Do not unreasonably encumber site with materials and equipment. C. Assume full responsibility for protection and safekeeping of products stored on premises. D. Move any stored products which interfere with operations of Owner or other Contractor. E. The contractor shall conduct his operations in such a manner to minimize conflict with pedestrian and vehicular traffic. During the progress of the work, the convenience of the public, resident and the businesses along the street must be maintained whenever possible. Temporary approaches and crossings of intersection streets, entrance drives and sidewalks must be provided and kept in good condition. F. The Contractor will be responsible for any property damages in any manner if, in the opinion of the City, the contractor's operation exceed the normal limits of construction. 01010 -5 G. The Contractor shall make all necessary arrangements with all utilities, individual and /or agencies owning or using underground or overhead appurtenances of any type by this project to maintain and protect said items. " H. All incidental material or labor, whether shown on the plan or not, or specified herein, and which are necessary for the satisfactory completion of the project will be provided by the contractor and merged into the overall contract price. END OF SECTION 01010 01010 -6 PART 1 - GENERAL Related Documents 1,01 DESCRIPTION SECTION 01050 CONSTRUCTION STAKING The general provisions of the contract, including General and Supplemental Conditions and other General Requirement sections, apply to the work specified in this section. A. Construction staking services shall be by the Engineer as required for the performance of work under the contract including all survey services required to execute the work. B. Related work described elsewhere: PART 2 - QUALIFICATIONS 2.01 QUALIFICATIONS A. Provide a registered professional of the discipline required for the specific service on the project. Each professional shall be licensed in the State of Iowa. 2.02 SURVEY REFERENCE POINTS A. Existing basic horizontal and vertical control points for the project are those designated on drawings. B. Locate and protect control points prior to starting site work and preserve all permanent reference points during construction. 2.03 PAYMENT FOR CONSTRUCTION STAKING A. The Engineer shall be paid for construction staking services directly by the Owner. B. Make no changes or relocations without prior written notice to and approval of the Engineer and Owner. C. Report to Engineer when any reference point is lost or destroyed, or requires relocation because of necessary changes in grades or locations. 01050 -1 2.04 DAMAGED OR DESTROYED PROJECT CONTROL POINTS A. Surveyor shall replace project control points which may be lost or destroyed. Replacement of these control points shall not be part of the owners expense but shall be at the Contractor's expense. PART 3 - EXECUTION 3.01 CONTRACTOR'S RESPONSIBILITIES A. Cooperate with survey personnel, provide access to work, to manufacturer's operations. B. Furnish casual labor and facilities: 1. To provide access to site to be surveyed. 2. To facilitate surveying. C. Notify surveyor sufficiently in advance of operations to allow for his assignment of personnel and scheduling of services (normally at least one working day). D. When changes of construction schedule are necessary during construction, coordinate all such changes of schedule with the surveyor as required. END OF SECTION 01050 01050 -2 PART 1 - GENERAL 1.01 STANDARDS AND CODES SECTION 01080 APPLICABLE CODES A. Design and install materials in accordance with best manufacturing practices. B. Conform with and test in accordance with applicable of following codes and standards unless specifically IDOT Iowa Department of Transportation Standard Specifications for Highway and Bridge Construction; Series 2009 ASTM American Society of Testing Materials AWWA American Water Works Association AASHTO American Association of State Highway & Transportation Officials ANSI American National Standards Institute FSS Federal Specifications Standards ACI American Concrete Institute AWS American Welding Society AISC American Institute of Steel Construction ASME American Society of Mechanical Engineers CS Commercial Standard NEC National Electric Code NEMA National Electrical Manufacturers Association 01080 -1 present day installation and sections of latest revisions noted to the contrary: UL Underwriters Laboratories Iowa Code Applicable State of Iowa Building Code Iowa Code Energy Conservation Code and Standards Iowa Code Iowa State Plumbing Code UPC Uniform Plumbing Code HI Hydraulics Institute FM Factory Mutual Underwriters OSHA Occupational Safety and Health Administration NBS National Bureau of Standards NBFU National Board of Fire Underwriters NFPA National Fire Protection Association IPCEA Insulated Power Cable Engineers Association SUDAS Iowa Statewide Urban Design & Specifications API American Petroleum Institute "Manual of Accident Prevention in Construction" by the Associated General Contractors of America, Inc. "Safety Rule for Excavation" by the Iowa Employment Safety Commission. "Safety Rule for Demolition" by the Iowa Employment Safety Commission. Applicable Standards, Codes and Ordinances of the City of Dubuque, Iowa. Where conflict occurs, code or standard establishing more stringent requirement governs. END OF SECTION 01080 01080 -2 SECTION 01410 TESTING LABORATORY SERVICES PART 1 - GENERAL 1.01 DESCRIPTION A. During progress of the work the Owner will require that testing be performed to determine that materials provided for the work meet the specified requirements; such testing includes, but is not necessarily limited to: 1. Soil compacting and moisture control. 2. Asphalt concrete paving. 3. Cast in place concrete. 4. Other materials as deemed necessary by the Engineer. B. Related work described elsewhere: I. Inspections and testing required by laws, ordinances, rules, regulations or orders of public authorities: General Conditions. 2. Certification of products: Respective specification sections. 3. Modified soil tests: Respective specification sections. PART 2 - PRODUCTS 2.01 CODE COMPLIANCE TESTING Inspections and tests required by codes or ordinances, or by a plan approval authority, and made by a legally constituted authority, shall be the responsibility of and shall be paid for by the Contractor, unless otherwise provided in the Contract Documents. 2.02 CONTRACTOR'S CONVENIENCE TESTING Inspection or testing performed exclusively for the Contractor's convenience shall be the sole responsibility of the Contractor. 01410 -1 PART 3 - EXECUTION 3.01 CONTRACTOR'S RESPONSIBILITIES A. Cooperate with laboratory personnel, provide access to work, to manufacturer's operations. B. Provide a laboratory, preliminary representative samples of materials to be tested, in required quantities. C. Furnish casual labor and facilities: I. To provide access to work to be tested. 2. To obtain and handle samples at the site. 3. To facilitate inspections and tests. 4. For laboratory's exclusive use for storage and curing of test samples. D. Notify laboratory sufficiently in advance of operations to allow for their assignment of personnel and scheduling of tests, (normally at least two (2) working days). E. When changes of construction schedule are necessary during construction, coordinate all such changes of schedule with the testing laboratory as required. F. When the testing laboratory is ready to test according to the determined schedule but is prevented from testing or taking specimens due to incompleteness of the work, all extra costs for testing attributable to the delay may be back - charged to the Contractor and shall not be borne by the Owner. 3.02 TESTS PERFORMED BY CONTRACTOR A. During the grading portion of the project, the Contractor shall provide 'the Engineer with the results the density testing results on a bi- weekly basis. The testing shall be on a minimum of a three times a week basis and shall be taken such that they area representative of the work in progress. If the testing is by means of a nuclear density machine, the work will be performed by a certified user. Costs for the testing shall be included within the earthwork bid of the contractor. B. When initial tests indicate non - compliance with the specifications, all subsequent retesting after repairs shall be the sole expense of the Contractor. END OF SECTION 01410 01410 -2 SECTION 01500 TEMPORARY FACILITIES AND CONTROLS PART 1 - GENERAL 1.01 DESCRIPTION A. This section deals with the temporary facilities and controls necessary for the completion of the project and includes, but is not limited to: I. All necessary temporary utilities such as natural gas, electrical power, water, telephone, sanitary facilities, etc. 2. The permanent utilities necessary for normal operation of the facilities. 3. Fencing, barricades, and enclosures. 4. Field office and storage sheds. B. Related work described elsewhere: I. Compliance with all safety regulations. 2. Compliance with all requirements of pertinent regulations as described in the General Conditions of the Contract. PART2- PRODUCTS 2.01 UTILITIES A. Temporary Utilities: I. Provide and pay all costs for all temporary utilities required for the performance of the work, including installation of all necessary temporary piping, wiring, etc., and upon completion of the work, removal of the same. 2.02 SANITARY FACILITIES Provide sanitary facilities on site for use on the project and maintain in a sanitary condition at all times. 01500 -1 2.03 ENCLOSURES Furnish, install, and maintain for the duration of construction all required scaffolds, tarpaulins, barricades, canopies, warning signs, steps, bridges, platforms, and other temporary construction necessary for proper completion of the work in compliance with all pertinent safety and other regulations. PART 3 - EXECUTION 3.01 REMOVAL Maintain all temporary facilities and controls as long as needed for the safe and proper completion of the work, remove all temporary facilities as progress of the project permits. END OF SECTION 01500 01500 -2 PART 1 - GENERAL 1.01 DESCRIPTION A. This section covers the earthwork required to bring the site into conformance with the grades indicated on the plans or as directed by the Engineer. B. Related Work Described Elsewhere: Construction Staking Testing Laboratory . Services Erosion Control 1.02 QUALITY CONTROL 1.03 JOB CONDITIONS A. Dust Control: B. Protection: SECTION 02200 EARTHWORK Section 01050 Section 01410 Section 02540 A. The Contractor shall provide material testing and observation for quality control during earthwork operations as described elsewhere in the specifications. Moisture and density control will be exercised and place density testing will be performed on this project. Use means necessary to control dust on and near the work, if such dust is caused by the Contractor's operations during performance of the work or if resulting from the condition in which the Contractor leaves the site. All dust control methods will be reviewed with the Engineer. 1. Use all means necessary to protect all materials of this section before, during and after installation and to protect all objects that are to remain. 2. In the event of damage, immediately make all repairs and replacements necessary to the approval of the Engineer and at no additional cost to the Owner. 02200 -1 1.04 STANDARD SPECIFICATIONS A. The current specifications of the Iowa Department of Transportation, (IDOT), "Standard Specifications for Highway and Bridge Construction, Series of 2009 ", shall apply to this work insofar as applicable and except as modified herein; said specifications shall hereinafter be referred to as the "Base Specification ". The sections for "Methods of Measurement" and "Basis of Payment" will not apply. B. Compaction requirements stated in percentages refer to the minimum degree of compaction required in the relation to the maximum dry density of the backfill material as determined in the laboratory in accordance with ASTM D -698, Standard Proctor Density. C. The Moisture content shall be within the limits of plus or minus two percent of optimum for maximum density. PART 2 - PRODUCTS 2.01 EXCAVATION OF CLASSIFICATION OF MATERIALS A. Earth: All material not classified as rock; includes clay, silt, sand, gravel, hardpan, disintegrated shale and rock debris, junk, brick, loose stones and boulders. B. Rock: 1. Solid deposits so firmly cemented together that their removal requires continuous use of pneumatic tools or blasting. 2. Use blasting only with written permission of the Engineer. 2.02 ON -SITE FILL MATERIAL A. All on site fill material shall be soil or soil -rock mixture which is free from organic matter and other deleterious substance; it shall contain no rocks or lumps over six inches in greatest dimension and not more than 15% of the rocks or lumps shall be larger than 2 -1/2 inches in greatest dimension. B. All fill material shall be subject to approval of the Engineer. C. Excess material shall be placed as directed by the owner. The contractor shall leave the fill smooth and uniform. 02200 -2 2.03 OFF -SITE FILL MATERIALS A. In order to bring the project site to grade, it will be necessary to import fill material onto the project site. The offsite (or imported) fill material shall be soil or soil -rock mixture which is free from organic matter and other deleterious substance. It shall contain no rocks or lumps over two inches in greatest dimension and not more than 15% of the rocks or lumps shall be larger than 1- 1/2 inches in greatest dimension. 1. The soil shall be capable of being compacted to 95% standard proctor density and meet moisture requirements as required for the sub -base of the trail. 2. This off site fill material shall conform to ASTM 2487 Group Symbol CL, SL, SC or SM. 2.04 OTHER MATERIALS All other material not specifically described but required for proper completion of the work of this Section, shall be as selected by the Contractor subject to the approval of the Engineer. PART 3 - EXECUTION 3.01 GENERAL A. Familiarization: Prior to all work of this Section, become thoroughly familiar with the site, the site conditions, and all portions of the work falling within this Section. B. Backfilling prior to approvals: 1. Do not allow or cause any of the work performed or installed to be covered up or enclosed by work of this Section prior to all required reviews and tests. 2. Should any of the work be so enclosed or covered up before it has been approved, the Contractor shall uncover all such work at no additional cost to the Owner. 3.02 STRIPPING, SALVAGING AND SPREADING TOPSOIL A. Perform stripping, salvaging and spreading topsoil in accordance with Section 2105 of the "Base Specification" except as follows: 1. All weeds, grass, small trees and other herbaceous vegetation shall be mowed close to the ground, chopped into fine particles, cleared from the 02200 -3 4. Topsoiling site and then thoroughly mixed with topsoil stockpile. Material shall be placed with topsoil. 2. The average stripping depth is estimated to six inches. Actual depth of stripping in field will be determined by the Engineer. 3. Areas where the strippings will be stockpiled will be discussed at the preconstruction conference and reviewed by the Engineer and Owner. 3.03 EXCAVATING a. Material: Topsoil shall be the material obtained on -site from stripping and stockpiling. During the course of stripping and stockpiling of topsoil, the topsoil shall be protected against the admixture of foreign debris other than noted above. It shall also be protected from erosion. b. Grade verification: Verify that the subgrades are at the proper elevation to accept 3 inches of applied topsoil. A. Depressions resulting from removal of obstructions: Where depressions result from, or have resulted from the removal of surface or subsurface obstructions, open the depression to equipment working width and remove all debris and soft material as directed by the Engineer. B. Other areas: 1. Excavate to grades shown on the drawings. 2. Where excavation grades are not shown on the drawings, excavate as required to accommodate the installation. C. Overexcavation: Backfill and compact all overexcavated areas as specified for fill at no additional cost to the Owner. D. The work shall be conducted so that excavations shall drain. E. No material classified as rock or stone which could not pass through a three inch circular ring shall be left within six inches of the finished subgrade. F. In cut areas under and within two feet of the proposed trail surface, the subgrade should be undercut by six inches and the soils scarified and/or replaced using moisture and density control in accordance with Section . 2107.08 of the "Base Specification" except that compaction requirements shall be 95% standard proctor density. The uniform moisture content shall be within plus or minus two percent of optimum for maximum density. 02200 -4 3.04 ROCK EXCAVATION A. Should rock be encountered during excavation it shall be paid for as extra • work, except for pipe trench excavation, covered elsewhere in these specifications. The following procedure shall govern rock excavation. 1. Notify Engineer and Owner. 2. Submit summary for removal cost based upon City of Dubuque Standard unit prices, to Engineer for consideration as extra work. Do not proceed until directed by Engineer and Owner. 3. Strip earth overburden and expose all interfering rock. 4. Notify Engineer that cross- sectional measurements for rock may be made. 5. For general excavation, allowed removal quantities will be limited to six inches below final elevations as shown on the plans. 6. Subsequent to Engineer's measurement, remove rock. Should explosives be required, immediately inform the Engineer. B. No extra allowance will be made for rock removed prior to completion of volume measurements. C. No extra allowance will be made for any rock quantity encountered which is less than ten cubic yards in volume. 3.05 EXCESS WATER CONTROL A. Unfavorable weather: 1. Do not place, spread, or roll any fill material during unfavorable weather conditions. 2. Do not resume operations until moisture content and fill density are satisfactory. B. Flooding: Provide berms or channels to prevent flooding of subgrade; promptly remove all water collecting in depressions. Removal shall be in a manner to minimize silty water from flowing directly off site or into temporary/permanent storm sewer appurtenances. 02200 -5 C. Softened subgrade: Where soil has been softened or eroded by flooding or placement during unfavorable weather, remove all damaged areas and recompact as specified for fill and compaction below. D. Dewatering: 1. Provide and maintain at all times during construction, ample means and devices with which to promptly remove and dispose of all water from every source entering the excavations from other parts of the work. Proper disposal shall include the steps required allow silt in the water to settle out as necessary for erosion control. 2. Dewater by means which will ensure dry excavations and the preservation of the final lines and grades of bottoms of excavations. 3.06 FILL AND COMPACTION A. Surface Preparation: 1. When fill is to be placed over the existing grade, the area shall first be stripped in accordance with Article 3.02 of this Section. B. Filling: 1. Spread fill material in layers not exceeding eight inches in uncompacted thickness. C. Moisture- conditioning: 1. Water or dry the fill material as necessary and thoroughly mix to obtaining a moisture content which will permit proper compaction. 2. A uniform moisture content will be required throughout the layers of fill material The moisture content shall be within plus or minus four percent of optimum for a maximum density. D. Earth fill compaction requirements 1. All fill under and within two feet of paving areas shall be constructed using moisture and density control in accordance with Section 2107.08 of the "Base Specification" except that compaction requirements shall be 95% Standard Proctor Density. All other areas of compaction to be 80 -85% Standard Proctor Density. 02200 -6 3.07 GRADING A. General: Except as otherwise directed by the Engineer, perform all grading required to attain the elevations indicated on the drawings. All bulges shall be removed and all sags filled unless shown on drawing. B. Grades on plans are finished grades. Contractor shall adjust subgrade elevations to allow for placement of topsoil on all areas outside the paved area. C. Grading tolerances: Plus or minus 0.05 feet in paved areas and Plus or minus 0.25 feet in areas outside of paved areas D. Treatment after completion of grading: 1. After grading is completed and the Engineer has finished his review, permit no further excavation, filling, or grading except with the review of the Engineer. 2. Use all means necessary to prevent the erosion of freshly graded areas during construction with the installation of temporary and /or permanent drainage and erosion control measures. 3.08 CLEANING UP A. Upon completion of the work of this Section, immediately remove all debris from the site. END OF SECTION 02200 02200 -7 PART 1 - GENERAL 1.01 DESCRIPTION SECTION 02540 EROSION CONTROL A. This work shall consist of temporary control measures to control water pollution caused by soil erosion. The temporary water pollution control work shall be to ensure economical effective and continuous erosion control throughout the construction and post construction period. B. This section covers furnishing and installation and eventual removal of temporary erosion control measures including but not limited to silt fences, rip -rap, silt dikes, ditch checks, filter berms, vegetative buffer strips, temporary sediment basins, seeding and other measures which may be required to control erosion. C. The Contractor shall complete the required construction work on this project while minimizing soil erosion and controlling water pollution. Maintain the required features as specified, from initial construction stages to final completion of the project. D. Related Work Described Elsewhere: Construction Staking Testing Laboratory Services 1.02 QUALITY CONTROL Section 01050 Section 01410 Owner will provide material testing and observation for quality control. The project is over a large enough area that it is regulated by the requirements of Iowa DNR National Pollutant Discharge Elimination System (NPDES), General Permit No. 2, for Storm Water Discharge Associated with Industrial Activity for Construction Activities. The Owner has not yet applied for and /or obtained the General Permit No. 2. The Prime Contractor will be required to prepare the necessary documents, including the Storm Water Pollution Prevention Plan,(SWPPP), apply for and subsequently receive said permit. He will then, sign on as a co- permittee with the owner and any other contractors or subcontractors. The Contractor shall be responsible for maintaining and logging the necessary records for the project as required by the NPDES permit during the completion of the work. The Contractor shall also be responsible for the activities associated with said permit such as record keeping, updating Storm Water Pollution Prevention Plans, inspections, etc. The Contractor shall also be responsible for cleaning up 02540 -1 and maintaining his construction area in such a manner that erosion from and around the construction site is minimized. 1.03 STANDARD SPECIFICATIONS The following sections of the current specifications of the Iowa Department of Transportation (IDOT), "Standard Specifications for Highway and Bridge Construction, Series of 2009" shall apply to this work: 2602.01 Description 2602.02 Materials 2602.03 Construction 1.04 INCIDENTAL ITEMS A. When applicable, conduct all operations in compliance with the Iowa NPDES General Permit No. 2. Labor, equipment, or materials not included as a bid item, but necessary to prevent storm water contamination from construction related sources, are considered incidental. Incidental work related to compliance with the permit may include, but is not limited to: hazardous material protection, fuel containment, waste disposal, and providing employee sanitary facilities. B. Replacing erosion and sediment control practices that are damaged or removed by the contractor in a manner that is inconsistent with the current SWPPP is the Contractor's responsibility and will be at the Contractor's expense. C. Additional maintenance, inspections, or other items of work that are required because work was not completed within the specified contract time, due to no fault of the Owner will be considered incidental, and will be at the Contractor's expense. PART 2- PRODUCTS 2.01 SILT FENCE A. Fabric shall be per section 4196.01A of IDOT Specifications B. Wire Fence Fabric shall be a minimum width of 36 inches, maximum mesh spacing of 6 inches by 6 inches and minimum wire gauge of 14.5. C. Posts: 1. Steel posts shall be a minimum of 4.0 feet in height steel (T- section) weighing at least 1/25 pounds per foot, exclusive of anchor plate. Painted posts are not required. 2. Wooden posts shall be a minimum of 5.0 feet in height and 3 inches to 4 inches in diameter. D. Fence fabric shall be fastened to wooden posts with not less than No. 9 wire staples, 1 -1/2 inches long. Wire or plastic ties with a minimum tensile strength of 50 pounds shall be used for the steel posts. 02540 -2 2.02 FILTER SOCK A. For inlet protection, use a continuous, tubular, knitted, mesh netting with 3/8 inch openings, constructed of 500 denier polypropylene. 2.03 RIPRAP A. Conform to Class "D" rip -rap of the current specifications of the Iowa Department of Transportation, (IDOT) "Standard Specifications for Highway and Bridge Construction, Series of 2009 ". B. Filter blanket material placed in conjunction with Riprap shall conform to Standard Specification Section 4196.01, Section C. 2.04 EROSION CONTROL MULCH A. Conventional Mulch: 1. Use dry straw (oats, wheat barley, or rye) or hay (bromegrass, timothy, orchard grass, alfalfa, or clover). 2. Use material that is free of noxious weed, seed - bearing stalks, or roots. 3. Other materials may be used, subject to the approval of the engineer. 2.05 WATTLES A. Netting: Open weave, degradable netting. Nomimal diameter of 9 inches. B. Fill Mtl: Straw, wood excelsior, coir, or other natural materials. C Stakes: 1 inch by 1 inch (minimum) wooden stakes, or equivalent strength. 2.06 ROCK CHECK DAMS & SEDIMENT TRAPS A. Aggregate shall be erosion stone conforming to IDOT Section 4130, gradation No. 34. B. Engineering Fabric shall be IDOT Section 4196.01 C. 2.07 SEEDING (Temporary) A. All temporary seeding required during the time that the project is ongoing shall be completed per IDOT Specifications. 2601.05. 2.08 SEEDING (Permanent) A. All permanent seeding shall include the necessary fertilizer, mulch, seed, etc as necessary per IDOT Specification Section 2601.04 and 2601.06. Seed mixture shall be a rural mix. Area seeded 'shall be all IDOT and City Right of Way disturbed during the construction process. It is not anticipated that any of the work will be on 02540 -3 2.09 STABILIZATION CONSTRUCTION ENTRANCES A. Entrance Stone shall be IDOT Section 4122, Gradation 13, Macadam crushed stone. PART 3 - EXECUTION 3.01 NPDES PERMIT PREPARATION A. Prepare an Erosion Control Plan, aka Stormwater Pollution Prevention Plan (SWPPP) according to the requirements of the Iowa DNR NPDES General Permit No. 2. B. Submit a copy of said plan to the City of Dubuque Engineering Department for their review. C. File a Notice of Intent and fee, as required by the NPDES General Permit No. 2. 3.02 SWPPP MANAGEMENT & EROSION AND SEDIMENT CONTROL INSPECTION Coordinate and carry out all requirements of the Iowa DNR NPDES General Permit No. 2 and any local ordinances requirements, including: A. Update the SWPPP according to the requirements of the NPDES General Permit No. 2 B. Revise the SWPPP and implement changes, as necessary, to prevent sediment or hazardous materials from being transported off the site. C. Submit all SWPPP revisions to the City for review and approval. D. Perform and maintain records of weekly erosion and sediment control site inspections. Maintain records of transfer of responsibility under the NPDES General Permit No. 2. After final stabilization, file a Notice of Discontinuation, according to the NPDES General Permit No. 2. Provide all records and documentation to the Engineer upon completion of the project. Retain a copy of all records for the period required under the Permit. Continue to perform the work required under this item throughout the duration of the project, and until final stabilization is achieved, and a Notice of Discontinuation is filed. Perform inspections according to and at the frequency required by the Iowa DNR NPDES Permit No. 2. Schedule necessary maintenance or improvements for items that are included in the contract documents. Notify the Engineer & the Owner . immediately of situations requiring attention beyond that provided for in the contract documents. Provide copies of the inspection reports to the Owner & the Engineer. E. F. G. H. J. K. L. private property, however, should this occur, these areas shall be returned to their previous site condition. 02540 -4 3.02 SILT FENCE A, Installation: 1. The height for a silt fence shall not exceed 36 inches. 2. The filter fabric shall be purchased in a continuous roll cut to the length of the barrier. When joints are necessary, splice only at a support post, minimum 6 inch overlap and securely sealed. 3. Posts shall be spaced a maximum of 10 feet apart and driven securely into the ground. 4. A trench shall be excavated 6 inches wide and 6 inches deep along the line of posts upslope from the barrier. 5. The filter fabric shall be stapled or wired to the fence, and 12 inches of the fabric shall be extended into the trench. The fabric shall not be more than 36 inches high. 6. The trench shall be backfilled and the soil compacted over the filter fabric. B. Maintenance: 1. Silt fences shall be inspected weekly and immediately after each rainfall of .5 inches of rain or more. They shall be inspected at least daily during prolonged rainfall. Any required repairs shall be made immediately. 2. Sediment deposits should be removed after each storm event. 3. Any sediment deposits remaining in place after the silt fence is removed shall be dressed to existing grade, prepared and seeded. 4. See Figure 9040.19 3.03 RIPRAP A. Rip -rap and filter blanket conforming to Article 2.02 of this section and placed in accordance with Section 2507.03.D of the IDOT "Standard Specifications for Highway and Bridge Construction, Series of 2009 ". B. Filter blanket shall be a 6 inch depth of specified material placed beneath 18 inches depth of rip -rap. 3.04 SLOPE PROTECTION A. In order to maintain sheet flow and minimize rills, and /or gullies, there shall be no unbroken slope length of greater than 75 feet for slopes with a grade of 3:1 or steeper. 02540 -5 3.05 WATTLES A. installation: 1. Construct a shallow trench, 2 -4 inches deep, matching the width and contour of the wattle. 2. Place and compact excavated soil against the wattle, on the uphill side. 3. Drive stakes through the center of the wattle, into the ground at a maximum spacing of 4 feet along the length of the wattle, and as needed to secure the wattle and prevent movement. 4. Butt ends firmly and stake securely to prevent leakage. Do not overlap. 5. See Figure 9040.05 B. Replacement: 1. When accumulated sediment reaches a level one -half the height of the wattle, or when the wattle becomes clogged with sediment and no longer allows runoff to flow through, remove the wattle and replace according to the installation instructions. 3.06 ROCK CHECK DAMS: Construction according to Figure 9040.07 and 9040.6. 3.07 COMPOST BLANKETS: Construction according to Figure 9040.01 3.08 TEMPORARY EARTH DIVERSION STRUCTURES Construction according to Figure 9040.08 3.09 SEDIMENT TRAPS Construction according to Figure 9040.18 3.10 STABILIZED CONSTRUCTION ENTRANCE Construction according to Figure 9040.20 END OF SECTION 02540 02540 -6 TYPE 1 Berm Diversion TYPE 2 'V' Ditch Diversion J P rA W #A ;CP 41W al/ Amr - TYPE 3 Ditch /Berm Diversion Berm slope 2 :1 (nominal) Berm lope - 2:1 (nominal) GENERAL NOTES: Construct diversion at locations indicated in contract documents. Diversion types 1, 2, and 3 may be used interchongably unless otherwise specified. Alternate configurations may be used upon approval of Jurisdictional Engineer. QH Total height of diversion (swale and berm): 18 in. min. or as specified. REVISION SUDAS 1 10/17/06 RGURE 9040.8 TEMPORARY EARTH DIVERSION STRUCTURES SHEET 1 OF 1 H, (ft.) 1 (ft.) 1.5 2.0 2.0 2.0 2.5 2.5 3.0 2.5 3.5 3.0 4.0 3.0 4.5 4.0 5.0 4.5 Elev. C — Elev. B Elev. A Engineering fabric – Design high water (25 -yr. storm elev.) —1800 CF /Acre "dry" storage SECTION A -A Width (W) as specified A CROSS SECTION Elev. D 1800 cf /ac. "wet" storage Spillway length (L) (see Table 1) b . 4 riatirCt 'VAVI!/ Impervious earth fill (as required) 1 Height, H (5' -0' max.) Engineer fabric Erosion stone GENERAL NOTES: Provide required storage volumes by construct sediment trap to elevations and dimensions shown in the contract documents. Remove accumulated sediment when level reached one -half the height of the wet storage. Table 1 (Spillway length) SEDIMENT TRAP REVISION SUDAS NEW 1 10/17/06 FIGURE 9040.18 _ SHEET 1 OF I Thickness as specified (6" min.) _ 4 e0.965 1. Remove vegetation and excavate soft soils from entrance area. Thoroughly compact subgrade prior to placing stone. 2. Install culvert under entrance if necessary to maintain drainage. 3. Grade entrance to prevent runoff from flowing onto street. Direct all runoff from entrance to a sediment retention device. 4. When specified, installsubgrade stabilization fabric prior to placing crushed stone. 5. Instollloyer of crushed stone to the thickness (6 in. min.) and dimensions specified. 01 Entrance length: 50 ft. minimum (30 ft. for single family residential), or as specified. Length of entrance may be increased if sediment track-out occurs. 02 Entrance width: 20 ft. minimum. REVISION VA) S V D A S NEW 1 10/17/06 FIGURE 9040.20 SHEET 1OF 1 STABILIZED CONSTRUCTION ENTRANCE Masterpiece on the Mississippi APPENDIX 1. TSB Forms & Responsibilities 2. OSHA Administrative Policy Dubuque Wald AU•AmericaCity 111 1 tl 2007 NW Arterial Hike /Bike Trail - Phase 3 June 2004 1. TSB DEFINITION A TSB is a small business, as defined by Iowa Code Section 15.102(5), which is 51% or more owned, operated and actively managed by one or more women, minority persons or persons with a disability. Generally this is a for - profit small business enterprise under single management, is located in Iowa and has an annual gross income of less than 3 million dollars computed as an average of the three preceding fiscal years. 2. TSB REQUIREMENTS CONTRACT PROVISION Targeted Small Business (TSB) Affirmative Action Responsibilities on Non - Federal -aid Projects (Third -party State - Assisted Projects) In all State - assisted projects made available through the Iowa Department of Transportation, local governments have certain affirmative action requirements to encourage and increase participation of disadvantaged individuals in business enterprises. These requirements are based on Iowa Code Section 19B.7 and 541 Iowa Administrative Code Chapter 4. These requirements supersede all existing TSB regulations, orders, circulars and administrative requirements. 3. TSB DIRECTORY INFORMATION Available from: Iowa Department of Inspections and Appeals Targeted Small Business Lucas Building Des Moines, IA 50319 Phone: 515 - 281 -7357 Website: www.iowai.net/iowa/dia/tsb 4. THE CONTRACTOR'S TSB POLICY The contractor is expected to promote participation of disadvantaged business enterprises as suppliers, manufactures and subcontractors through a continuous, positive, result -oriented program. Therefore the contractor's TSB policy shall be: It is the policy this firm that Targeted Small Business (TSB) concerns shall have the maximum practical opportunity to participate in contracts funded with State - assisted funds which are administered by this firm (e.g. suppliers, manufactures and subcontractors). The purpose of our policy is to encourage and Increase the TSB participation in contracting opportunities made available by State - assisted programs. 5. CONTRACTOR SHALL APPOINT AN EQUAL EMPLOYMENT OPPORTUNITY (EEO) OFFICER The contractor shall designate a responsible person to serve as TSB officer to fulfill the contractors affirmative action responsibilities. This person shall have the necessary statistics, funding, authority and responsibility to carry out and enforce the firm's EEO policy. The EEO officer shall be responsible for developing, managing and implementing the program on a day - to-day basis. The officer shall also: A. For current TSB information, contact the Iowa Department of Inspections and Appeals (515 - 281 -7357) to identify potential material suppliers, manufactures and contractors. B. Make every reasonable effort to involve TSBs by soliciting quotations from them and incorporating them into the firm's bid. C. Make every reasonable effort to establish systematic written and verbal contact with those TSBs having the materials or expertise to perform the work to be subcontracted, at least two weeks prior to the time quotations are to be submitted. Maintain complete records of negotiation efforts. Page 1 TSB Affirmative Action Responsibilities D. Provide or arrange for assistance to TSBs in seeking bonding, analyzing plans /specifications or other actions that can be viewed as technical assistance. E. Ensure the scheduled progress payments are made to TSBs as agreed in subcontract agreements. F. Require all subcontractors and material suppliers to comply with all contract equal opportunity and affirmative action provisions. 6. COUNTING TSBs PARTICIPATION ON A PROJECT TSBs are to assume actual and contractual responsibilities for provision of materials /supplies, subcontracted work or other commercially useful function. A. The bidder may count (1) Planned expenditures for materials/supplies to be obtained from TSB suppliers and manufacturers; or (2) Work to be subcontracted to a TSB; or (3) Any other commercially useful function. B. The contractor may count: (1) 100% of an expenditure to a TSB manufacturer that produces/supplies goods manufactured from raw materials. (2) 60% of an expenditure to TSB suppliers that are not manufacturers; provided the suppliers perform a commercially useful function in the supply process. (3) Only those expenditures to TSBs that perform a commercially useful function in the work of a contract, including those as a subcontractor. (4) Work the Contracting Authority has determined that it involves a commercially useful function. The TSB must have a necessary and useful role in the transaction of a kind for which there is a market outside the context of the TSB program. For example, leasing equipment or purchasing materials from the prime contractor would not count. 7. REQUIRED DATA, DOCUMENTS AND CONTRACT AWARD PROCEDURES FROM BIDDERS /CONTRACTORS FOR PROJECTS WITH ASSIGNED GOALS A. Bidders Bidders who fail to demonstrate reasonable positive efforts may be declared ineligible to be awarded the contract. Bidders shall complete the bidding documents plus a separate form called "TSB Pre -Bid Contact Information ". This form includes: (1) Name(s) of the TSB(s) contacted regarding subcontractable items. (2) Date of the contract. (3) Whether or not a TSB bid/quotation was received. (4) Whether or not the TSB's bid /quotation was used. (5) The dollar amount proposed to be subcontracted. B. Contractors Using Quotes From TSBs Use those TSBs whose quotes are listed In the "Quotation Used in Bid" column along with a "yes" indicated on the Pre -bid Contact Information form. • Page 2 TSB Affirmative Action Responsibilities Page 3 C. Contractors NOT Using Quotes From TSBs If there are no TSBs listed on the Pre -bid Contract Information form, then the contractor shall document all efforts made to include TSB participation in this project by documenting the following: (1) What pre - solicitation or pre -bid meetings scheduled by the contracting authority were attended? (2) Which general news circulation, trade associations and/or minority- focused media were advertised concerning the subcontracting opportunities? (3) Were written notices sent to TSBs that TSBs were being solicited and was sufficient time allowed for the TSBs to participate effectively? (4) Were initial solicitations of Interested TSBs followed up? (5) Were TSBs provided with adequate information about the plans, specifications and requirements of the contract? (6) Were interested TSBs negotiated with in good faith? If a TSB was rejected as unqualified, was the decision based on an investigation of their capabilities? (7) Were interested TSBs assisted in obtaining bonding, lines of credit or insurance required by the contractor? (8) Were services used of minority community organization, minority contractors groups; local, State and Federal minority business assistance offices or any other organization providing such assistance. The above documentation shall remain in the contractor's files for a period of three (3) years after the completion of the project and be available for examination by the Iowa Department of Inspections and Appeals. 8. POSITIVE EFFORT DOCUMENTATION WHEN NO GOALS ARE ASSIGNED Contractors are also required to make positive efforts in utilizing TSBs on all State - assisted projects which are not assigned goals. Form "TSB Pre -bid Contact Information" is required to be submitted with bids on all projects. If there is no TSB participation, then the contractor shall comply with section 7C. of this document prior to the contract award. SUBCONTRACTOR TSB DATES CONTACTED QUOTES RECEIVED QUOTATION USED IN BID YES/ NO DATES CONTACTED YES/ NO DOLLAR AMT. PROPOSED TO BE SUBCONTRACTED Form 730007WP 7 -97 Contractor Project# County City TARGETED SMALL BUSINESS (TSB) PRE -BID CONTACT INFORMATION (To Be Completed By All Bidders Per The Current Contract Provision) In order for your bid to be considered responsive, you are required to provide information on this form showing your Targeted Small Business contacts made with your bid submission. This information is subject to verification and confirmation. In the event it Is determined that the Targeted Small Business goals are not met, then before awarding the contract, the Contracting Authority will make a determination as to whether or not the apparent successful low bidder made good faith efforts to meet the goals. NOTE Every effort shall be made to solicit quotes or bids on as many subcontractable items as necessary to achieve the established goals. tf a TSB's quote is used in the bid, it is assumed thatthe firm listed writ be used as a subcontractor. Total dollar amount proposed to be subcontracted to TSB on this project $ List items by name to be subcontracted: TABLE OF INFORMATION SHOWING BIDDERS PRE -BID TARGETED SMALL BUSINESS SB) CONTACTS Page# POLICY NUMBER: 5.03 CITY OF DUBUQUE ADMINISTRATIVE POLICY SUBJECT: Iowa Occupational Safety and Health Act or Occupational Safety and Health Act Excavation Safety Violations APPROVED BY: CITY MANAGER EFFECTIVE DATE: September 6, 2007 PURPOSE The purpose of this Administrative Policy (AP) is to provide direction to city employees who encounter an unsafe condition at a construction site that may constitute an excavation safety violation of the Iowa Occupational Safety and Health Act or the federal Occupational Safety and Health Act (OSHA) during the course of the performance of their responsibilities as city employees. This AP is not intended to limit a city employee's authority under City building or safety codes. SCOPE The provisions of this AP are applicable to all city employees under the administrative control of the City Manager. RESPONSIBILITY Department Managers are responsible for making sure that the provisions of this AP are adhered to. Department Managers are responsible for making certain that the provisions of this AP are followed within their respective departments and divisions. Department Managers are responsible for seeing that their employees are familiar with the requirements of this AP and for the enforcement of this policy. Department Managers are responsible for seeing that a copy of this AP is included in any construction contract bid specifications relating to the department that may require excavation work. Policy Number: 5.03 OSHA Violations Page 2 of 4 POLICY For purposes of this AP, "employee" means a city employee who is certified in OSHA Excavation Safety & Competent Person Training. . A city employee's responsibility in responding to an observed Iowa Occupational Safety and Health Act or Occupational Safety and Health Act excavation safety violation during the course of the employee's performance of responsibilities as a city employee depends on two factors: • Whether the site of the violation is on private property or City property, including right -of -way and easements and property leased by the City; • And, if the site is on City property, including right -of -way and easements and property leased by the City, whether the contractor has exclusive possession and control of the site. OSHA Excavation Safety Violations on Private Property. 1. A city employee who observes a potential OSHA excavation safety violation on private property shall immediately advise the contractor's representative at the site that the city employee is required to report the city employee's observations to the city employee's supervisor. The city employee shall immediately notify the city supervisor who will visit the site to confirm whether or not there appears to be an OSHA excavation safety violation. 2. If the city supervisor concludes that there is an OSHA excavation safety violation, the city supervisor shall, as soon as practicable and in a manner reasonably calculated to apprise the contractor and owner of the violation, notify the contractor's highest ranking representative and the property owner or the property owner's highest ranking representative that there appears to be an OSHA excavation safety violation. The city supervisor shall also notify the City Engineer of the violation. 3. The city employee and the city supervisor's observations and notification to the owner and contractor shall then be put in writing. The city employee or the city supervisor shall not attempt to shut the project down or otherwise control the work site. OSHA Excavation Safety Violations on City Property, Including Public Right -of- Way and City Easements, and Property Leased by the City, Where the Contractor Does Not Have Exclusive Possession and Control of the Site (Where there is public access to the site) Policy Number: 5.03 OSHA Violations Page 3 of 4 1. A city employee who observes a potential OSHA excavation safety violation on city property, including public right -of -way or city easements, and property leased by the City, shall immediately advise the contractor's representative at the site that the city' employee is required to report the city employee's observations to the city employee's supervisor. 2. The city employee shall immediately notify the city supervisor who will visit the site to confirm whether or not there is a potential OSHA excavation safety violation. 3. If the city supervisor concludes that there is an OSHA excavation safety violation, the city supervisor shall, as soon as practicable and in a manner reasonably calculated to apprise the contractor and owner of the violation, notify the contractor's highest ranking representative and, in the case of an easement or property leased by the City, the property owner or the property owner's highest ranking representative that there appears to be an OSHA excavation safety violation. 4. The city supervisor shall as soon as practicable shut the project.down and secure the site until the OSHA excavation safety violation is corrected. The city supervisor shall also notify the City Engineer of the violation. 5. The city employee's and the city supervisor's observations and notification to the owner and contractor shall then be put in writing. OSHA Excavation Safety Violations on City Property, Including Public Right -of- Way and City Easements, Where the Contractor Has Exclusive Possession and Control of the Site (Where there is no public access to the site) 1. A city employee who observes a potential OSHA excavation safety violation on city property, including public right -of -way or city easements shall immediately advise the contractor's representative at the site that the city employee is required to report the city employee's observations to the city employee's supervisor. 2. The city employee shall immediately notify the city supervisor who will visit the site to confirm whether or not there is a potential OSHA excavation safety violation. 3. If the city supervisor concludes that there is an OSHA excavation safety violation, the city supervisor shall, as soon as practicable and in a manner reasonably calculated to apprise the contractor and owner of the violation, notify the contractor's highest ranking representative and, in the case of an easement or property leased by the City, the property owner or the property owner's highest ranking representative that there• appears to be an OSHA excavation safety violation. The city supervisor shall also notify the City Engineer of the violation. Policy Number: 5.03 OSHA Violations Page 4 of 4 4. The city employee's and the city supervisor's observations and notification to the owner and contractor shall then be put in writing. The city employee or the city supervisor shall not attempt to shut the project down or otherwise control the work site. Inspecting Unsafe Construction Site 1. Under no circumstances shall a city employee enter any construction site which the city employee determines to be unsafe because of a potential OSHA excavation safety violation any reason. A city employee who observes a potential OSHA excavation safety violation shall advise the contractor's representative at the site that the city employee is required to report the city employee's observations to the city inspector's supervisor. 2. The city employee shall notify the city supervisor who will visit the site to confirm whether or not there is a potential OSHA excavation safety violation. 3. If the city supervisor concludes that there is a potential OSHA excavation safety violation, the city supervisor.. shall notify the contractor's highest ranking representative and the property owner or the property owner's highest ranking representative that the city employee will not enter the site for any inspection until the unsafe condition is corrected. 4. The city employee's and the city supervisor's observations and notification to the owner and contractor shall then be put in writing. The city supervisor shall also notify the City Engineer of the violation. OSHA Excavation Safety Violations Observed by Department or Division Managers A department or division manager who observes a potential OSHA excavation safety violation shall make the notifications and reports and shut the project down as require by this AP and shall notify the City Engineer of the violation. Michael C. Van Milligan City Manager CITY OF DUBUQUE HIKE /BIKE TRAIL ALONG THE NORTHWEST ARTERIAL FROM HOLLIDAY TO PLAZA DRIVE CONSTRUCTION NOTES 1. THE LOCATOR OF 421 PUBIC UTUTrc5 /IODATED ON THIS PLAN ARE TAKEN FROM EKISTNO PUBLIC RECORDS TIE EXACT LOCATE/4 AND ELEVATION 00 ALL PU936 UTILITIES MUST BE DETERMINED ST 111E OC11RACTON. IT SHALL BE THE DUTY OF THE CCITRACTCR TO ASCERTAIN *ETHER ANY AODI110NAL FACTURES OTHER THAN THOSE SHORN ON THIS PLAN 1441 BE PRESENT. 2 AU. CCNS7RI40O1 IS TO BE PER OTT OF DUBUDUr STANDARD SPECIFICATIONS. 3. THE CONTRACTOR SHALL "moor!. LREC2. MAINTAIN, AND REMOVE ILL SIGNS, BARRICADES, MO OTHER 'RAMC CONTROL 0ENCE9, PROCEDURES, LAYOUTS, SIGNING, AN0 PAYELENT MARKINGS INSTALLED PULL MATH* TO THE 'MANUAL DI UNIFORM 1RAPF5C CONTROL DEVICES FOR 911EET ARO 1ONWAYS AS ADOPTED BY THE DOT PER 761 OF THE IOWA ADMM5TRAA1E C00E (LAC) CHARTER 130 4 BEFORE ANY 025110 DOT TOMATO /1 BOTWAY SIGNS ARE REMOVED OR RELOCATED DAVE SHAIAHAN (AREA MAINTENANCE SUPERNSOR) DRUB BE CONTACTED AT (553) 582 -0003 6 ALL WHAM HP TRAFFIC CONTROL FOR POODLE FA0UDES SHALL BE DONE IN ACCORDANCE TO THE MAMMAL OI UNFOM 1RAFF10 CONTROL DRIVES 2006 EOR011. 5. P60BICNT CENTERLINE SHALL BE MARKED IN ACCORDANCE 10 SAD MANUAL 014 UNNORM TRAFFIC CONTROL DEVICES 7. UGHT 5BRAJZ7ON 60114CARONS TILL BE COMPLETED BY THE CITY OF DUBUQUE AS A SEPARATE CONS1RUCTON PROJECT. 6 CONTRACTOR SHALL BE RESPONSIBLE FOR CONVECTORS 10 EXISTING STREETS MICI MAY INCLUDE BUT NOF mum 10 SAW CUTTING, 0061 1E RAMPS, DETECTIBLE WAMINO PADS, AND ANY OTHER TASKS THAT MAY BE REWIRED. WORK A8500A1ED 'STN THESE 11010 SHALL BE INCORPORATED INTO UNIT PACES FCC AOJONNC NOD. B. LYNTOUR MsOIAAAC1 BASED ON 011 OF DUBUQ.E TOPOGRAPHIC FIELD SURVEY. NOTES 1. ALL MEASUREMENTS ARE 114 FEET AND DECMALS THEREOF. 11FREBY CERTIFY THAT 11414 E606402 10 2000LENI WAS PREPARED BY ME OR UNDER NY DPECT PERSONA SUPENNSKN AID THAT I AM A DULY 4CENSED PROFESSIONAL 06104 1DER THE 1*6S O.AI STATE OF IOWA 1. BUSSING 7 NA '4 20 // FFT NOSY 000149E NUMBER: 10272 MY LICENSE RENEWAL DATE R DECEMBER 31, 2010 PACES OR SHEETS COVERED BY 1309 SEA: A TT 001 -0 QU. LEGEND - —sM— - X70. SANITARY SEVER - —ns— - XTG. SRAM SEVER - v v v v- XTG. WATER SAN SANITARY SEVER 313 STORM SURER HOPE PROPOSED REINFORCED CONCRETE PIPE HIGH DENSITY POLYETHYLENE -"" 810 - - EKISENG CONTOUR PROPOSED CONTOUR 0101 CO3ER SHEET (M9CNF0....) 3,01 - 0.05 PLAN AND 0NO1sE SHEETS PROJECT LOCA110N URUTY COMPANY MORIM/1 N ETY OF DUBUQUE: CITA O WNOVE BANK ENQNEVTINO DEPT NANO NE35 30 2E37 01130011E. A (303) 552 -1722 £B:828 Ott CP 1 E NO 650.6. GUS PSM0Y05, 01T EMIR. 50 W 131N SEEET DUBUQUE, IA 62001 PH: (563) 530 -ACM WATER: STY OF DUBUQUE WATER IPERARMS A MAINTENANCE LI TROPE s12EET DUBUQUE. IA 62030 -1116 D IE (563) 002 -4306 OAS! MALT NUS ENERGY 000 000 WOWYARO, COAT. OSONDNAT0R 1305 CEDAR C TOAD D LWUQUE, IA 52003 ▪ (543) S86.0 DEC N SLANT ENERGY NIKE ROM 8000 01219001E ROAD D INUGR. IA 52002 -2670 PM (503) 557 -036 TUD101D MEET OHMS L0 0. 1800 A 6 10111.1 i• KERNEDY ROAD DU 52002 PM (66 586 -6631 MDEG, NITER E7 PHONE: MEDIA0.24 OMEN DEAN 3013 ASBLIRY ROAD D ASUODE. IA 52001 PHI (563) 564 -0586 IXT. 11. 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ENGINEERS AND SURVEYORS 19191m5f ST, 0099019, 1A (583) 50e DATE 03/07/11 REVISIONS DRAWN BY: NWL PLAN AND PROFILE HIKE AND BIKE TRAIL STA. 63 +00 TO 76 +00 PREPARED FOR: LEISURE SERVICES DEPARTMENT CITY OF DUBUQUE 2 BUNKER MILL 1 RD DU (11 DUBUQUE IA 520 SCALE: CHECKED BY: SEE BAR SCALE