HomeMy Public PortalAboutResolution 2020-22, Proceed Wtih Acceptance Of Bids For Fieldcrest Drainage Work Phase One RESOLUTION 2020-22
A RESOLUTION TO PROCEED WITH ACCEPTANCE OF BIDS
FOR FIELDCREST DRAINAGE WORK PHASE ONE
WHEREAS, the City Council of the City of Riverdale, Iowa must consider making
improvements for storm water and drainage ways, and;
WHEREAS, the City's Engineering firm MSA Professional received a bid price from
McClintock Trucking and Excavating in the amount of $19,840 which is attached
as Exhibit A, and;
WHEREAS, the City Council would like to have the project completed as soon as
is possible, and;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
RIVERDALE, IOWA, .
Directs the Mayor and Clerk to execute a contract with McClintock Trucking
and Excavating in the amount of $19,840 for Phase 1 Fieldcrest construction.
Passed and approved this 1 Oth day of March 2020.
k::�
Michael Bawden, Mayor
ATTEST:
Mary Wances Blevins, City Clerk-Treasurer
City of Riverdale,Iowa 110 Manor Drive.Riverdale,Iowa 52722-(563)355-2511 -www.riverdaleiowa.com
CONTRACT NO. 10876064
CONTRACT DATE February 26,2002
THIS CONTRACT,made and entered into this 26th day of February, 2020, by
and between the City of Riverdale by its Mayor , upon order of its City Council
_hereinafter called the "Jurisdiction,"and McClintock Trucking and Excavating
hereinafter called the "Contractor."
WITNESSETH:
The Contractor hereby agrees to complete the work comprising the below referenced improvement as
specified in the contract documents, which are officially on file with the Jurisdiction, in the office of the
_City of Riverdale— 110 Manor Drive . This contract includes all contract documents. The work
under this contract shall be constructed in accordance with the Iowa DOT Standard Specifications for
Highway and Bridge Construction, 2015 Edition, and as further modified by the supplemental
specifications and special provisions included in said contract documents, and the Contract Attachment-
Item 1: General, which is attached hereto. The Contractor further agrees to complete the work in strict
accordance with said contract documents, and to guarantee the work as required by law, for the time
required in said contract documents, after its acceptance by the Jurisdiction.
Quantities,bid pr-iees shown on the GentT-aet Attaehmefit item 2.!Bid items,
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(CONT. CONTRACT) Project Name Fieldcrest Storm Water Management—Phase 1
The Contractor agrees to perform said work for and in consideration of the Jurisdiction's payment of the bid
amount of Nineteen thousand eight hundred forty and zero dollars
dollars($_ 19,840.00 ) whieh amount shall eenstitute the requir-ed amount of the per-fe�anee,
maintenanee,and payment bond. The Contraetof her-eby agrees to eammenee wor-k undef this eentfaet on of
damages f r noneomplianee with said eempletion provisions at the rate of and to pay liquidate
dollaFs-
IN WITNESS WHEREOF, the Parties hereto have executed this instrument, in triplicate on the date first
shown written.
JURISDICTION CONTRACTOR
By City of Riverdale
Contractor a
(Seal) By
ATTEST: Signature
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CViC erk Title
FORM APPROVED BY: t—lo t t } OkLt)
Street Address
S�IviS , TA- WIEL
Ci ayor City,State,Zip Code
30g - g12 - 91V
Telephone
CONTRACTOR PUBLIC REGISTRATION INFORMATION To Be Provided By:
1. All Contractors: The Contractor shall enter its Public Registration Number_c I Z $g - S issued
by the Iowa Commissioner of Labor pursuant to Section 91C.5 of the Iowa Code.
2. Out-of-State Contractors:
A. Pursuant to Section 91 C.7 of the Iowa Code, an out-of-state contractor,before commencing a contract
in excess of five thousand dollars in value in Iowa, shall file a bond with the division of labor services
of the department of workforce development. It is the contractor's responsibility to comply with said
Section 91C.7 before commencing this work.
(CONT. CONTRACT) Project No.
B. Prior to entering into contract,the designated low bidder, if it is a corporation organized under the laws
of a state other than Iowa, shall file with the Engineer a certificate from the Secretary of the State of
Iowa showing that it has complied with all the provisions of Chapter 490 of the Iowa Code, or as
amended, governing foreign corporations.
NOTE: All signatures on this contract must be original signatures in ink; copies, facsimile, or electronic
signatures will not be accepted.
CORPORATE ACKNOWLEDGMENT
State of
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ax 'SII�J�I County)
On this Z day ofMOUY-01 , 20 LO , efore me, the undersigned, a Notary Public in and for the
State of �S , personally appeared and ,to
me known, who, being by me duly sworn, did say that they are the C,1dik-t- and
respectively, of the corporation executing the foregoing instrument; that (no seal
has been procured by)(the seal affixed thereto is the seal of)the corporation;that said instrument was signed
And se led on behalf of the corporation by authority of this Board of Directors; that
and acknowledged the execution of the
instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed.
oil
Notary Public in and for theState of 1111hplS
My commission expires Z+3 ,20
PARTNERSHIP ACKNOWLEDGMENT ,4MY PEEL
Official Seal
Notary Public-State of Illin]2023
State of ) [MyCommission Expires Sep 23,
SS
County)
On this day of , 20 , before me, the undersigned, a Notary Public in and for the
State of ,personally appeared to me personally known, who being by
me duly sworn, did say that the person is one of the partners of ,a partnership,
and that the instrument was signed on behalf of the partnership by authority of the partners and the partner
acknowledged the execution of the instrument to be the voluntary act and deed of the partnership by it and by
the partner voluntarily executed.
Notary Public in and for the State of
My commission expires 520
INDIVIDUAL ACKNOWLEDGMENT
State of )
SS
County)
On this day of , 20 , before me, the undersigned, a Notary Public in and for the
State of , personally appeared and ,to
me known to be the identical person(s) named in and who executed the foregoing instrument, and
acknowledged that(he)(she)(they)executed the instrument as(his)(her)(their)voluntary act and deed.
Notary Public in and for the State of
My commission expires , 20
LIMITED LIABILITY COMPANY ACKNOWLEDGMENT
State of )
SS
County)
On this day of , 20 , before me a Notary Public in and for said county, personally
appeared , to me personally known, who being by me duly sworn did say that person
is of said ,that(the seal affixed to said instrument is the seal of said
OR no seal has been procured b the said and that said instrument was signed
P Y )
and sealed on behalf of the said by authority of its managers and the said
acknowledged the execution of said instrument to be the voluntary act and deed of
said ,by it voluntarily executed.
Notary Public in and for the State of
My commission expires , 20
CONTRACT ATTACHMENT Project Name
CONTRACT ATTACHMENT: ITEM 1 -GENERAL
Section 1070 Legal Relations and Responsibility to the Public as modified
Modified McClintock Proposal Dated February 18,2020
SUDAS Type 5 Seed Mix
SECTION 1070- LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
PART 1 - LEGAL RELATIONS
1.01 MUNICIPAL REGULATIONS, STATE,AND FEDERAL LAWS AND REGULATIONS
A. The Contractor shall at all times observe and comply with all applicable Federal, State, County, or City laws,
ordinances, orders, and regulations.
B. References in these specifications to particular chapters or sections of the Iowa Code shall be to those
chapters or sections as they appear in the current version of the Iowa Code. In the event such chapters or
sections of the Iowa Code are subsequently amended, the specifications shall be deemed to refer to those
chapters or sections as amended.
C. During the performance of this contract, the contractor(for itself), its assignees, and successors in interest
(hereinafter referred to as the "contractor")agrees as follows:
1. Compliance with Regulations: The contractor shall comply with the Regulations relative to non-
discrimination in Federally assisted programs of the DOT Title 49, Code of Federal Regulations, Part
21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are
herein incorporated by reference and made a part of this contract.
2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not
discriminate on the grounds of race, color, national origin, sex, age, or disability in the selection and
retention of subcontractors, including procurement of materials and leases of equipment. The
contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5
of the Regulations, including employment practices when the contract covers a program set forth in
Appendix B of the Regulations.
3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations
either by competitive bidding or negotiation made by the contractor for work to be performed under a
subcontract, including procurement of materials or leases of equipment, each potential subcontractor or
supplier shall be notified by the contractor of the contractor's obligations under this contract and the
Regulations relative to non-discrimination on the grounds of race, color, national origin, sex, age, or
disability.
4. Information and Reports: The contractor shall provide all information and reports required by the
Regulations or directives issued pursuant there to, and shall allow access to its books, records,
accounts, other sources of information, and its facilities as may be determined by the Contracting
Authority, the Iowa DOT, or FHWA to be pertinent to ascertain compliance with such Regulations,
orders and instructions. Where any information required of a contractor is in the exclusive possession
of another who fails or refuses to furnish this information the contractor shall so certify to the
Contracting Authority, the Iowa DOT, or the FHWA as appropriate, and shall set forth what efforts it has
made to obtain the information.
5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the Contracting Authority, the Iowa DOT, or the FHWA
shall impose such contract sanctions as they may determine to be appropriate, including, but not limited
to:
a. Withholding of payments to the contractor under the contract until the contractor complies, and/or
b. Cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1)through (6) in
every subcontract, including procurement of materials and leases of equipment, unless exempt by the
Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to
any subcontract or procurement as the Contracting Authority, the Iowa DOT, or the FHWA may direct as
a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that,
in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or
supplier as a result of such direction, the contractor may request the Contracting Authority or the Iowa
DOT to enter into such litigation to protect the interests of the Contracting Authority or the Iowa DOT,
and, in addition, the contractor may request the United States to enter into such litigation to protect the
interests of the United States.
1.02 GOVERNING LAW
The law of the State of Iowa shall govern this contract and all subcontracts for materials and services entered
into by the Contractor.
1.03 PERMITS AND LICENSES
The Contractor shall procure all necessary permits for the construction of the work and for temporary
excavations, obstructions, enclosures, and street openings arising from the construction and completion of the
work described in the contract documents. The cost for all required Jurisdictional permits and licenses will be
waived by the Jurisdiction. The Contractor shall be responsible for all violations of the law for any cause in
connection with the construction of the work or caused by the obstruction of roads, streets, highways, or
sidewalks, and shall give all requisite notices to the Jurisdiction or other public authorities in connection
therewith.
1.04 PATENTS AND ROYALTIES
The Contractor shall defend, indemnify, and save the Jurisdiction harmless against all claims arising from
alleged infringements of patents and royalties covering tools, machinery, processes, appliances, devices, or
materials used in connection with the work. Unit prices provided in the proposal shall include payment of all
necessary royalties or licenses.
1.05 USE AND OCCUPANCY PRIOR TO COMPLETION OF CONTRACT
The Contractor shall complete any portion or portions of the work in such order and at such time as the
Engineer may require. The Jurisdiction shall have the right to use any completed or partially completed portions
of the work at any time, but such possession and use shall not be deemed an acceptance of the work so used
or any part thereof. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to
such extra compensation or extension of time, or both, as the Engineer may determine appropriate. When
improvements are released to the Jurisdiction for public use prior to final approval and acceptance, the
Contractor will be relieved of the responsibility for damages due to the elements or due to ordinary public use,
but only the released and used portion of the improvements. Such release by the Contractor to the Jurisdiction
for public use shall be directed in writing by the Engineer.
1.06 CONTRACTOR'S RESPONSIBILITY FOR THE WORK
A. Until the work is accepted by the Jurisdiction, it shall be in the custody of and under the charge, care, and
control of the Contractor, who shall take every precaution against damage to the work by action of the
elements or any other cause. The Contractor shall rebuild, repair, restore, and make good at its own
expense, all damages to any portion of the work before acceptance thereof by the Jurisdiction. Issuance of
any estimate or partial payment for work done will not be considered as final acceptance of any work
completed.
B. If the Contractor completes a unit or portion of the work, the Jurisdiction may at its discretion accept such
work and the Contractor may be relieved of further responsibility for such unit or portion of the work. Such
partial acceptance shall not void or alter any of the terms of the contract, nor shall it constitute final
acceptance of the work as provided in Section 1090, 1.08-Acceptance and Final Payment.
1.07 RESPONSIBILITY FOR DAMAGE CLAIMS
The parties agree that it is their intent that there be no third-party beneficiaries to this contract. No provision of
this contract or of any addendum, materials instructional memorandums, plans, proposal, special provision,
developmental specification, supplemental specification, or general supplemental specification shall be
construed as creating any third-party beneficiaries.
1.08 PERSONAL LIABILITY OF PUBLIC OFFICIALS
Neither the Engineer nor the Engineer's authorized representatives, agents, or assistants shall have any
liability, either personally or as officials of the Jurisdiction, in carrying out any of the provisions of the Contract or
in exercising any power or authority granted to them thereby. It being understood that in such matters they will
act as the agents and representatives of the Jurisdiction.
1.09 WAIVER OF LEGAL RIGHTS
A. The Jurisdiction shall not be precluded or estopped by any measurement, estimate, or certificate made
either before or after the completion and acceptance of the work and payment therefore, from showing the
true amount and character of the work performed and the materials furnished by the Contractor, or from
showing that any such measurement, estimate, or certificate is untrue or incorrectly made, or from showing
that the work or materials do not in fact conform to the contract documents.
B. The Jurisdiction shall not be precluded or estopped, notwithstanding any such measurement, estimate, or
certificate and payment in accordance therewith, from recovering from the Contractor and its surety such
damages as it may sustain, and all outlay and expense it incurs, by reason of the Contractor's failure to
comply with the terms of the Contract. Neither the acceptance by the Jurisdiction nor any of its
representatives, nor any payment for acceptance of the whole or any part of the work, nor any extension of
time, nor any possession taken by the Jurisdiction, shall operate as a waiver of any portion of the contract,
or any powers herein reserved, or any right to damages herein provided. A waiver of any breach of the
contract shall not be held to be a waiver of any other subsequent breach.
C. The Contractor hereby waives any claims it may hereafter be entitled to assert against the Jurisdiction, its
officers, agents, employees, or consultants, on its behalf or on behalf of its employees, agents,
subcontractors, sub-subcontractors, and suppliers, for loss of or damage to personal property, tools, or
equipment owned by it or its employees, agents, subcontractors, sub-subcontractors, and suppliers, which
loss or damage is sustained on the Jurisdiction's project property, or which occurs during work on the
project, and the Contractor agrees to assume liability or responsibility for such claims and to procure
insurance to cover its exposure in that regard.
1.10 ACCEPTANCE BY THE JURISDICTION - NOT A WAIVER OF CONTRACTOR'S OBLIGATIONS OR A
WAIVER OF THE JURISDICTION'S RIGHTS
A. In various provisions of the contract documents, including these specifications, the Jurisdiction has reserved
to itself or the Engineer the authority to test or inspect materials, equipment, or manufactured assemblies
and to accept or reject those and other elements of the work.
B. In various provisions of the contract documents, including these specifications, the Jurisdiction has reserved
to itself or the Engineer the authority to require the Contractor's preparation of shop drawings for review and
to accept or reject same. If unanticipated and either unusual or complex construction procedures or site
conditions occur, the Engineer may require the Contractor to submit such shop drawings as, in the
judgment of the Engineer, are necessary to satisfactorily complete the proposed construction.
C. Acceptance or approval by the Engineer as therein provided shall not operate to relieve the Contractor of its
obligation (1)to perform the work as required by the contract documents in a workmanlike manner and
according to the standards for construction applicable to the type of work covered by this contract generally
observed by contractors in this locale and (2)to provide materials and equipment meeting the quality
requirements as provided in the contract documents. The Jurisdiction assumes no responsibility for errors
in shop drawings and assumes the Contractor will use material complying with requirements of the contract
documents or, where not specified, those of sound and reasonable quality, and will erect the subjects of
such shop drawings according to recognized standards of first quality work or, when specified, according to
standards of the contract documents.
D. No such acceptance by the Jurisdiction shall constitute a waiver by the Jurisdiction of its right to
subsequently reject defective work, materials, or equipment. Further, no such acceptance by the
Jurisdiction or the Engineer shall be deemed a waiver by the Jurisdiction of its right to recover from the
Contractor all losses, damages, outlay, or expense it incurs, which is attributable to such defective work,
materials or equipment, or manufactured assemblies, nor shall such acceptance or approval be deemed a
waiver of the Jurisdiction's right to indemnity from the Contractor for damage or injury to third parties
occasioned by such defective work, materials, or equipment.
1.11 BUSINESS ORGANIZATION REQUIREMENTS
The bidder, or contractor, as a business organization shall comply with the following:
A. A corporation, limited liability company, limited partnership, or other type of business organization governed
under Iowa statutes must be registered with the Iowa Secretary of State, must use the name under which it
is registered with the Iowa Secretary of State, must be authorized to do business in Iowa, and must be
registered as a contractor with the Iowa Department of Labor.
B. A partnership, sole proprietorship, company operating under a trade name, or other type of business
organization not governed under Iowa statutes should be registered in the Office of the County Recorder
where it is located or where the work is to be performed, must use the name under which it is registered,
and must be registered as a contractor with the Iowa Department of Labor. Prior to entering into contract,
the designated low bidder, if it is not required to be registered with the Iowa Secretary of State, shall provide
to the Jurisdiction the name and address of its registered agent or lawful representative upon whom legal
notices and processes may be served. The registered agent or lawful representative must be an Iowa
resident, an Iowa profit or nonprofit corporation, or a foreign profit or nonprofit corporation qualified to do
business in Iowa.
C. A foreign business organization, organized under the laws of a state other than Iowa, shall file with the
Engineer's documentation that it has complied with all the provisions of this section prior to entering into a
contract.
D. If a bid is proposed to be submitted by two persons or entities as a joint venture, the names of the two
persons or entities appearing on the documents must be followed by the notation—"a joint venture." In that
instance, the bid must also be signed by authorized agents of both entities, and the bid security must
indicate that it"applies to and covers the proposal for construction of(Project Name)submitted by the
(principal on bond)and (name of other company), submitted as a joint venture proposal." A bid submitted
by two persons or entities without any indication they are submitting it as a joint venture, without being
signed by authorized representatives of both entities, and without bid security covering both entities as a
joint venture, will be rejected.
1.12 CONSENT TO JURISDICTION OF IOWA DISTRICT COURT OR FEDERAL DISTRICT COURT IN IOWA
The Contractor agrees that any causes of action that accrue to it, or which by subrogation or assignment accrue
to its sureties or insurers, arising out of or connected with this contract shall be brought in the Iowa District
Court in and for the County where the Jurisdiction is located or in the United States District Court in and for the
District where the Jurisdiction is located. Contractor further consents, on behalf of itself and its subrogees and
assigns, to the jurisdiction of either the Iowa District Court in and for the County where the Jurisdiction is located
or the United States District Court in and for the District where the Jurisdiction is located, as to any causes of
action brought against it arising out of this contract or any work performed under it by Contractor or its
subcontractors, and further agrees, on behalf of itself, its subrogees and assigns, to waive any and all
objections to the jurisdiction of said court as to any such cause of action.
1.13 SEVERABILITY
It is the intent of the Jurisdiction and the Contractor that the lawful provisions of this contract shall be severable
from any provisions of this contract that are hereafter declared to be illegal or void by a court of competent
jurisdiction.
PART 2 - RESPONSIBILITIES TO THE PUBLIC
2.01 SANITATION
The Contractor shall arrange for the necessary sanitary conveniences, properly secluded, for the workers on
the project. These shall be maintained in a manner inoffensive to the public and in compliance with the local
health regulations.
2.02 CONVENIENCE AND SAFETY
A. Use of Streets: The Contractor is granted the privilege of using Jurisdictional roads, streets, or highways,
as shown on the plans, for the purpose of doing work specified in the contract, but is not granted exclusive
use of such roads, streets, or highways.
B. Protection of Workers and the Public: The Contractor shall erect and maintain good and sufficient
guards, barricades, and signals at or near the work according to the MUTCD and all applicable laws,
regulations, and specifications. The Contractor shall, in all cases, maintain safe passageways at all road
crossings, crosswalks, and street intersections and shall do all other things necessary to prevent an
accident or loss of any kind.
After November 24, 2008, all personnel shall wear ANSI 107 Class 2 apparel at all times when exposed to
traffic or construction equipment in the right-of-way.
C. Convenience and Access: The Contractor shall handle the work in a manner that will cause the least
inconvenience and annoyance to the general public and to the property owners abutting the work area.
The Contractor shall also provide access to the abutting property to the greatest extent practicable.
D. Worker Safety: The Contractor shall comply with all current and future federal and state OSHA
requirements. Nothing in this contract or any action by the Jurisdiction shall be interpreted or construed as
a waiver of OSHA requirements. It is the Contractor's obligation to follow OSHA requirements and
standards at all times.
E. Project Area or Work Site Safety:
1. In accordance with Section 1070, 1.06, until the work is accepted by the Jurisdiction, the work shall be
in the custody of and under the charge, care, and control of the Contractor. The Contractor is also
responsible for the project area or work site. The Contractor is solely responsible for the safety of
everyone on its work site.
2. The Contractor should have a safety program; however, the Contractor need not submit a safety
program to the Jurisdiction, and the Jurisdiction will not review or approve the Contractor's safety
program. The Jurisdiction assumes that the Contractor will maintain a safe worksite; however, the
Jurisdiction's staff will not intrude in the Contractor's responsibility for safety issues.
3. The Engineer may assign some or all of the duties and responsibilities of the Engineer to an authorized
representative for a given project. Nothing contained in this section or in the contract documents shall
be construed as requiring or permitting the Engineer to direct the means, methods, sequences, or
procedures, including safety measures, of performing any work under the contract or contract
documents, except to assure that the quality of work conforms to these specifications and other
provisions of the contract documents and that the contract will be completed as scheduled.
4. The Engineer may appoint an authorized representative on the work site to monitor the materials used
and the work done by the Contractor. The Engineer's authorized representative is not a safety
inspector and is not responsible for monitoring, directing, or otherwise ensuring the safety of the
Contractor, its subcontractors, its suppliers, or any others that may be on the work site.
5. Construction of the work included in the contract is by its nature dangerous work; and the Contractor is
hereby notified that it is the Contractor's sole responsibility to provide as safe a working site as possible
given the nature of the work. It is the Contractor's responsibility to notify and advise its employees,
subcontractors, suppliers, and everyone on the worksite of the dangers associated with the work, and
provide them with appropriate safety information to protect them from those dangers.
2.03 WORK AREA
A. The Contractor shall confine its work to the Jurisdiction's premises, including construction easements and
construction limit lines as shown in the contract documents and verified by the Engineer. The Contractor
shall not enter upon or place materials on any private property for which the Jurisdiction has not obtained
an easement for such use. The Contractor agrees to defend, indemnify, and hold the Jurisdiction harmless
from all suits and actions of every kind and description resulting from the Contractor's use of private
property. Before beginning construction, the Contractor shall check with the Engineer for any special
instructions concerning easements.
B. Temporary buildings, storage sheds, shops and office, etc., may be erected by the Contractor only with the
prior approval of the Engineer and shall be built with labor and materials furnished by the Contractor without
expense to the Jurisdiction. Such temporary buildings and utilities shall remain the property of the
Contractor and shall be removed by the Contractor, at its expense, after the completion of the work.
2.04 PROJECT AREA FOR THE WORK
A. Acquisition: Existing and proposed additional right-of-way or easements shown on the plans and/or in the
contract documents will provide, without cost to the Contractor, adequate space for the performance of the
work. If the contract documents do not contain a notice to the Contractor of non-acquired additional right of
way or easements, as shown on the plans, and the Contractor provides documentation acceptable to the
Engineer, compensation will be allowed for loss or damage occasioned by delays in securing said right-of-
way or easements; and, if the need to acquire such additional right-of-way or easements is the sole and
only cause of the impossibility of completing the work within the specified time, the Jurisdiction may grant
an extension of time if requested by the Contractor. Before beginning construction, the Contractor shall
obtain from the Engineer a list of any easements or right-of-way not acquired and any special instructions
pertaining to properties affected by the work.
B. Location: Property lines, limits of easements, and limits of construction permits are indicated on the plans,
and it shall be the Contractor's responsibility to confine its construction activities within those limits.
C. Use: The Contractor shall confine its equipment, storage of materials, and operation of work to the limits
indicated by laws, ordinances, permits, or direction of the Engineer and shall not unreasonably encumber
the premises with its materials. The Contractor shall comply with the Engineer's instructions regarding
signs and advertisements.
D. Encroachments: Any damage resulting to persons or property from the Contractor's encroachment
beyond the specified limits shall be the sole responsibility of the Contractor.
2.05 EXPLOSIVES
A. Use: The Contractor shall not blast any rock or other materials or allow the same to be done in prosecution
of the work, unless it secures the Engineer's approval, proper insurance coverages, and a blasting permit
when required.
B. Safety: The Contractor is solely responsible for all damage resulting from blasting operations performed by
the Contractor or its agents. The Contractor shall use the utmost care to not endanger life or damage
property; and whenever ordered by the Engineer, the number and size of the charges shall be reduced.
Suitable coverages or mats shall be provided to confine all materials lifted by blasting within the limits of the
excavation or trench. All explosives shall be stored in a secure manner and clearly marked according to all
applicable laws and regulations.
C. Regulations: The Contractor shall abide by all existing Federal, State, and Local regulations regarding the
use of explosives, including, but not limited to, Uniform Fire Code, Article 77, and National Fire Protection
Association 495, Explosive Materials Code of the National Fire Codes.
2.06 TRAFFIC CONTROL
A. General:
1. The Contractor shall maintain traffic and shall provide and maintain traffic control devices according to
the contract documents. If there is no specific traffic control plan, then the Contractor's traffic control
devices shall meet the requirements of and be placed according to the current edition of MUTCD.
2. During construction, areas to be maintained for traffic shall be kept clear of all hazardous materials,
including but not limited to construction debris, dust, and mud.
B. Closing Streets to Traffic:
1. Upon the Engineer's approval, the Contractor may close streets or parts of streets to vehicular traffic as
soon as the construction work is started; such streets or parts of streets shall remain closed as long as
construction work or condition of the finished work requires. The Engineer will determine how many
streets or parts of streets may be closed by the Contractor at one time, and may refuse to allow the
closing of additional streets until some of the improvement is finished and opened to traffic.
2. The Contractor shall notify the Engineer 48 hours in advance (excluding weekends)of closing any
roads, streets, or public thoroughfares. No road or street shall be closed without prior approval from the
Engineer.
3. The Contractor shall not remove, relocate, or reset any permanent Jurisdictional traffic control devices
unless authorized to do so by the Engineer or contract documents. If a sign must be removed or
relocated for any phase of construction, the Contractor shall notify the Engineer of the necessity for
removal. The Engineer shall arrange for the removal, relocation, or resetting of permanent traffic
control devices by Jurisdictional personnel as needed to allow the work to proceed. If Jurisdictional
personnel are not available, the authorized Jurisdictional representative may give authorization to the
Contractor to remove, relocate, or reset the permanent traffic control devices.
4. In the event the Contractor removes or relocates a traffic control sign without prior notice to or
authorization from the Engineer, the Contractor shall bear all responsibility and liability to any person
sustaining bodily injury or property damage on account thereof.
2.07 PROTECTION OF ABOVEGROUND AND UNDERGROUND FACILITIES
A. The Engineer has attempted to show on the plans all aboveground and underground facilities, including
public and private utilities, which may be affected by the work. The location, depth, and size of each such
facility shown on the plans is approximate only and is not guaranteed. Other underground facilities may
exist and their location may not be presently known or identified. It is the Contractor's responsibility to
determine the existence and exact location of all such facilities located within the construction area to avoid
damage.
B. Where existing facilities are shown in the contract documents or encountered within the construction area, it
shall be the responsibility of the Contractor to notify the operators of those facilities prior to beginning any
construction activities. The Contractor shall allow access to those facilities for necessary modification of
services. The Contractor shall support, sustain, and protect existing pipes, conduits, poles, wires, and other
apparatus located under, over, along, across, or adjacent to the work site. If such utilities are damaged
through Contractor's negligence, they will be repaired by the agencies having control of same, but the cost
i
of such repairs shall be paid by the Contractor.
C. The Contractor shall, prior to commencing any excavation or other operation that may affect underground
facilities, notify the "Iowa One Call" underground facility locate system, established pursuant to Iowa Code
Chapter 480. The Contractor shall, if requested by the operator of an underground facility, assist in the
location of its facilities; provided, however, the Jurisdiction shall not be responsible to the Contractor or to
any operator of an underground facility for the cost of locating such facility, or for any damage to such
facility that occurs in attempting to locate it, or for any damage to the facility occasioned by the Contractor's
performance of work under the contract.
D. Claims for additional compensation will not be allowed to the Contractor for any interference, delay, or
additional work occasioned by the location or adjustment of aboveground or underground facilities, or
connections thereto.
2.08 PROTECTION OF PROPERTY
A. The Contractor shall continuously maintain adequate protection of all its work from damage and shall
protect the Jurisdiction's property and adjacent private property from injury or loss arising in connection with
the work. The Contractor shall repair or restore any such damage, injury, or loss to Jurisdiction property or
adjacent private property.
B. Protect existing facilities, trees, and shrubs to remain in place. Any damage to existing trees or shrubs,
branches, and root systems to remain and to be protected shall be repaired and/or pruned by an
experienced tree surgeon or arborist. Do not disturb soil within 10 feet of the drip line of trees without
notifying the Engineer. The Contractor shall mark the 10 foot limit from the drip line.
2.09 LAND MONUMENTS
A. The Contractor will be required to preserve all center stones, land monuments, or other property marks the
Contractor may find in prosecuting the work. The Contractor shall notify the Engineer of the finding of any
land monuments and shall not remove or disturb same until permission is given to do so, at which time the
Contractor shall properly remove said landmarks under the direction of the Engineer.
B. For every land monument lost or destroyed by the Contractor, the Contractor may be charged, and such
amount shall be deducted from any monies due or may become due to the Contractor under the contract.
2.10 DUST CONTROL
During construction operations, the Contractor shall be responsible for the control of dust to a degree
compatible with the area in which the construction is being performed and with existing environmental
regulations. In the event the Contractor does not control dust as specified, the Jurisdiction reserves the right to
order dust control to be performed by other forces and withhold the cost thereof from any monies due or may
become due to the Contractor under the contract.
2.11 ENVIRONMENTAL AND HISTORIC ITEMS
If contaminated soils, historical artifacts, or other environmental or historic items are encountered, stop work
and notify the Engineer.
2.12 RAILROAD CROSSINGS
The authority for performing work beneath, at grade, or over railroad tracks will have been previously secured
by the Jurisdiction. It shall be the Contractor's responsibility to contact the railroad company officials prior to
beginning the work on railroad property or easements. The Contractor shall perform the work without damage
to the facilities and property of the railroad or its lessees, and in strict observance of requirements for the safety
of the railroad property and operations. All such work will be subject to the inspection of the railroad's
representative. The Contractor shall protect, indemnify, and hold the Jurisdiction harmless from any and all
damages resulting from its operations on railroad property or easements or in the construction of railroad
crossings according to Section 1070, Part 3-Bonds and Insurance.
2.13 BORROW AND WASTE SITES
A. Unless borrow or waste sites are designated on the plans or specified in the special provisions, the
Contractor shall secure and operate such sites at its own expense.
B. In all cases, borrow and waste sites shall be operated in such a manner as to meet Federal, State, and
local safety, environmental, and health requirements. Site operations, or the result of such operation, that
create a definite nuisance or result in damage to public or private property will not be permitted. In all
cases, sites shall be approved by the Engineer before use.
2.14 MAINTAINING POSTAL SERVICE
A. It shall be the Contractor's responsibility to contact the U.S. Postal Service to ascertain its requirements for
the maintenance of postal service to residents or businesses in the vicinity of the work site according to the
instructions of the Postal Service. The Contractor shall be responsible for mailboxes at temporary locations
designated by the Postal Service, and at the completion of the work, the Contractor shall replace all
mailboxes in locations and conditions satisfactory to the Postal Service.
B. Not less than 24 hours prior to removing any mailbox, the Contractor shall notify each affected resident or
business addressee in writing advising them of the move and the location of their temporary mailbox during
construction.
C. For each residential or business address affected by the work, the Contractor shall place a temporary
mailbox at a location approved by the Postal Service. Temporary mailboxes shall be in place so postal
service is maintained at all times. Any permanent mailbox that must be removed shall be stored on the
property from which it is removed and at a sufficient distance from the work area to ensure it will not be
damaged by construction activities.
2.15 FINISHING AND CLEANUP REQUIREMENTS
From time to time, as may be ordered by the Engineer, and immediately after completion of the improvement,
the Contractor shall, at its expense, cleanup and remove all refuse and unused materials of any kind resulting
from the work. Upon failure to do so within three working days after such request by the Engineer, the work
may be done by the Jurisdiction and the cost thereof charged to the Contractor and deducted from its final
payment. Upon completion of the work, the Contractor shall remove all its equipment and put the area of the
work in a neat and clean condition and do all other cleaning necessary to complete the work in a workmanlike
manner satisfactory to the Engineer.
PART 3 - BONDS AND INSURANCE
3.01 PERFORMANCE, PAYMENT, AND MAINTENANCE BOND
e lowest responsive, responsible bidder shall be required to file, before the contract is aw -a surety
bond ormance, payment, and/or maintenance on a form provided b the Juri on and in penal
y
sum equal to the bid amount. Said bond shall be executed by a corpolra4crK authorized to contract as
a surety in the state of to . id bond shall be filed in the specifi mber of copies as a part of the
executed contract documents for t sdiction's approv award.
B. Said bond shall provide that the Contract o well a isfactorily perform and execute the work in all
respects, according to the contra uments therefore, and ac to the time and conditions of the
contract documents, and at the Contractor shall pay all debts incurr it in the prosecution of such
work, including t or labor and materials furnished. Said bond may also provide a maintenance of
the impr ent for the number of years stipulated in the contract documents, and shall remEWr4nJull force
e entire maintenance period. Said bond shall in all cases comply with the laws of the State of Iowa
and s
C. Within the time period specified in the maintenance portion of the bond, the Contractor shall, as and when
ordered by the Engineer, repair, replace, or rebuild such portions of the work found to be faulty because of
materials or workmanship. After being notified of the need for repairs, the Contractor shall submit, within
seven calendar days, a written report stating its intentions and schedule for completing the repairs for
approval by the Engineer. If the Contractor fails to submit such written report or to make the repairs as
approved by the Engineer, the Jurisdiction shall have the right to make such repairs and to collect from the
Contractor or its surety all outlay and expense the Jurisdiction incurs in making the repair, and in attempting
to enforce the terms of the contract and the bond against the Contractor and its surety.
3.02 INSURANCE REQUIREMENTS
A. The Contractor shall purchase and maintain insurance to protect the Contractor and the Jurisdiction against
all hazards herein enumerated throughout the duration of the contract. Said insurance shall be provided by
an insurance company or companies, "admitted" or"non-admitted"to do business in the State of Iowa,
having an A.M. Best rating of no less than "B+."
B. "Insurance," "insurance policy," or"insurance contract"when used in these specifications shall have the
same meaning as "insurance policy" and "insurance contract" under Iowa Code Section 507B.2. All
insurance required by this section shall provide coverage on an occurrence basis, not on a claims-made
basis, and the person or other entity shall provide evidence of such coverage through an "insurance policy,"
"contract of insurance,"or"certificate of insurance"that clearly discloses on its face coverage on an
occurrence basis. Insurance coverage required for hazardous materials abatement including removal of
lead, asbestos, PCB's, or the like may be provided on a claims-made basis when it is demonstrated to the
satisfaction of the Jurisdiction that occurrence coverage is not reasonably available.
C. Except for workers compensation insurance, the Contractor shall purchase and maintain such insurance as
will protect the Contractor and the Jurisdiction as set forth below, which may arise out of or result from the
Contractor's operations under the contract, whether such operations be by the Contractor, its
subcontractors or consultants, suppliers, third parties, or the agents, officers, or employees of any of them.
In addition, the Contractor shall purchase and maintain workers compensation insurance to cover its
employees.
1. Workers Compensation: A standard Workers Compensation policy approved for use in the State of
Iowa shall be issued with the following coverages.
a. Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by
Iowa Code Chapter 85.
b. Employers Liability insurance with the following limits:
Bodily injury by accident $500,000 each accident
Bodily injury by disease $500,000 each accident
Bodily injury by disease $500,000 policy limit
2. Commercial General Liability Insurance: No less comprehensive and no more restrictive than the coverage
provided by a standard form Commercial General Liability Policy(ISO CG 0001 or its equivalent)with all
standard exclusions with minimum limits shown below covering claims for damages because of bodily
injury, personal injury, or damage to property that occur on the premises under contract or arise out of the
operations in performance of the contract. Any additional exclusions shall be identified on the Certificate of
Insurance and shall be subject to the review and approval of the Jurisdiction.
General Aggregate Limit $2,000,000
Products' Completed Operations Aggregate Limit $2,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence Limit $1,000,000
Fire Damage Limit(any one fire) $50,000
Medical Damage Limit(any one person) $5,000
This insurance must include the following features:
a. Coverage for all premises and operations. The policy shall be endorsed to provide the Designated
Construction Project(s)General Aggregate Limit Endorsement(ISO CG 2503 or its equivalent).
b. Personal and advertising injury.
c. Operations by independent contractors.
d. Contractual liability coverage. If work to be performed by Contractor includes construction or demolition
operations within 50 feet of any railroad property and affecting any railroad bridge or trestle,tracks,
roadbeds, tunnel, underpass, or crossing,then such policy will include a Railroad's Contractual Liability
Endorsement (ISO CG 2417 or its equivalent).
e. Coverage for demolition of any building or structure, collapse, explosion, blasting, excavation,and
damage to property below the surface of the ground (XCU coverage).
f. Any fellow employee exclusions shall be deleted as it applies to managerial and supervisory
employees.
g. The policy shall not contain a total or absolute pollution exclusion. Coverage shall be provided for
pollution exposures arising from products and completed operations.
h. Products and completed operations shall be maintained for the duration of the work; and shall be
further maintained for a minimum period of time after final acceptance and payment if required in the
Special Provisions.
i. Contractual liability coverage will also include contractually assumed defense costs in addition to policy
limits.
j. In lieu of including the Jurisdiction as an additional insured on the Contractor's Commercial General
Liability Insurance, the Jurisdiction, at its option, may require the Contractor to provide an Owner's
Protective Liability Policy by Special Provision, or may allow the Contractor to provide an Owner's
Protective Liability Policy by Change Order. If an Owner's Protective Liability Policy is provided, the
minimum coverage, limits, and exclusions shall be as shown above; and the Contractor's premium cost
of obtaining such insurance shall be considered incidental to the work and shall not be subject to
reimbursement by the Jurisdiction.
3. Automobile Liability Insurance: Covers all owned, non-owned, hired, and leased vehicles with a minimum
combined single limit of$1,000,000 per accident covering claims for damages because of bodily injury,
personal injury, or damage to property that arise out of operations in performance of the contract. The
insurance must include contractual liability coverage. Any fellow employee exclusion shall be deleted. The
policy shall provide Auto Cargo Pollution Endorsement(ISO CA 99 48 or its equivalent), if required in the
special provisions.
4. Railroad Protective Liability: If required by the Jurisdiction by special provision, or by an affected
railroad, the Contractor shall procure and maintain Railroad Protective Liability Insurance naming the
railroad as the insured with minimum limit for bodily injury and property damage liability of$2,000,000
per occurrence, $6,000,000 aggregate, or with such other limits as the railroad shall require. The
original of said policy shall be furnished to the railroad and a certified copy of said policy shall be
furnished to the Jurisdiction prior to any construction or entry upon the railroad easement premises by
the Contractor.
5. Umbrella/Excess Insurance: At the Contractor's option, the limits specified in Section 1070, 3.02, C, 1
2 3 may be satisfied with a combination of primary and Umbrella/Excess Insurance. At the
Jurisdiction's option, the minimum insurance limits specified above may be increased by special
provision. This increase may be satisfied with a combination of primary and Umbrella/Excess
Insurance.
6. Additional Insured Endorsements: Except for Workers Compensation, the insurance specified shall:
a. Include the Jurisdiction as an additional insured, per Section 1070, 3.06, B; and
b. Be primary to and not in excess of or contributory with any other insurance available to the
Jurisdiction.
7. Reference to ISO: Wherever the term "ISO"appears in these specifications, any subsequent equivalent
ISO form or non-ISO equivalent form may be used.
3.03 CONTRACTOR'S INDEMNITY- CONTRACTUAL LIABILITY INSURANCE
A. To the extent covered by the standard insurance forms listed in Section 1070, 3.02, the insurance shall
include contractual liability insurance to cover all indemnification and hold harmless agreements and
provisions in the contract documents, including the following provision.
B. To the fullest extent permitted by law, the Contractor shall defend, indemnify, and hold harmless the
Jurisdiction and its officers, agents, employees, and consultants from and against all claims, damages,
losses, and expenses, including but not limited to, attorney's fees, arising out of or resulting from the
performance or prosecution of the work by the Contractor, its subcontractors, agents, or employees; or
arising from any neglect, default, or mismanagement or omissions by the Contractor, its subcontractors or
consultants, suppliers, third parties, or the agents, officers, or employees of any of them in the performance
of any duties imposed by the contract or by law; provided any such claim, damage, loss, or expense:
1. is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible
property (other than the work itself) including economic damages and the loss of use resulting
therefrom, and
2. is caused in whole or in part by any act or omission of the Contractor, its subcontractors or consultants,
suppliers, third parties, or the agents, officers, or employees of any of them, or anyone for whose acts
any of them may be liable, regardless whether or not it is caused in part by a party indemnified
hereunder.
Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or
obligation of indemnity that would otherwise exist as to any party or person described in this subsection.
C. In any and all claims against the Jurisdiction or the Engineer or any of their agents, officers, employees, or
consultants by any employee of the Contractor, its subcontractors or consultants, suppliers, third parties, or
the agents, officers, or employees of any of them, or anyone for whose acts any of them may be liable, the
indemnification obligation under this subsection shall not be limited in any way by any limitation on the
amountor type of damages, compensation, or benefits payable by or for the Contractor or any
subcontractor under workers' compensation acts, disability benefit acts, or other employee benefit acts.
D. The obligations of the Contractor under this subsection shall not extend to the liability of the Engineer, the
Engineer's agents, employees, or consultants, arising out of:
1. the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, design
standards, or specifications; or
2. the giving of or the failure to give directions or instructions by the Engineer, the Engineer's agents,
employees, or consultants.
provided the preparation or the giving or failure to give directions or instructions is the sole proximate cause
of the injury or damage.
E. If any litigation on account of such claims shall be commenced against the Jurisdiction, the Contractor, upon
notice thereof from the Jurisdiction, shall defend the same at its sole cost and expense; and the record of
any judgment rendered against the Jurisdiction on account of such claims for damages shall be conclusive
as against said Contractor and entitle the Jurisdiction to recover the full amount thereof, with interest and
cost, and attorney's fees incurred by said Jurisdiction, whether the Jurisdiction paid such amounts or not.
3.04 CONTRACTOR'S INSURANCE FOR OTHER LOSSES; WAIVER OF SUBROGATION
A. The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any
tools owned by the mechanics; or any tools, machinery, equipment, or motor vehicles owned or rented by
the Contractor, its subcontractors or consultants, suppliers, third parties, or the agents, officers, or
employees of any of them; or to any shed or other temporary structures, scaffolding and stagings,
protective fences, and bridges belonging to the contractor, its subcontractors or consultants, suppliers, third
parties, or the agents, officers, or employees of any of them, not covered by the Jurisdiction's Builders Risk
Insurance.
B. Contractor shall cause each of its subcontractors, consultants, suppliers, third parties, or the agents of any
of them, to carry insurance sufficient to cover all loss to such materials, tools, motor vehicles, and
equipment. All insurance carried by the Contractor, or its subcontractors, consultants, suppliers, third
parties or the agents of any of them, covering risk of loss or damage to materials, tools, motor vehicles, and
equipment used in the performance of the Work, shall provide a waiver of subrogation against the
Jurisdiction. To the extent that any subcontractors, consultants, suppliers, third parties or the agents of any
of them, do not provide such coverages, any uninsured loss shall be the sole responsibility of the
Contractor.
3.05 PROPERTY INSURANCE
A. When stated in the special provisions, the Jurisdiction shall purchase and maintain property insurance,
a.k.a. Builder's Risk Insurance, in the amount of the initial bid amount, or in an amount equal to the
estimated value of actual building construction, whichever is less, as well as applicable modifications
thereto for the entire work at the site on a replacement cost basis. Such property insurance shall be
maintained, unless otherwise provided in the contract documents or otherwise agreed in writing by all
persons and entities who are beneficiaries of such insurance, until final acceptance of the work by the
Jurisdiction. The insurance shall include interests of the Jurisdiction, the Contractor, subcontractors, and
sub-subcontractors in the work. This property insurance covering the work will have a deductible of$5,000
for each occurrence, or as stated in the special provisions, which will be the responsibility of the Contractor.
B. Property insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended
coverage and physical loss or damage including, without duplication of coverage, flood and earthquake,
theft, vandalism, malicious mischief, collapse, falsework, temporary buildings and debris removal, including
demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable
compensation for the Jurisdiction's services and expenses required as a result of such insured loss.
Coverage for other perils shall not be required unless otherwise provided in the contract documents.
C. Unless otherwise provided in the contract documents, this property insurance shall cover portions of the
work stored off the site, after written approval of the Jurisdiction, at the value established in the approval,
and portions of the work in transit. Coverage for work stored off the site and in transit will be not less than
10% of the policy amount.
D. Boiler and Machinery Insurance: The Jurisdiction, at the Jurisdiction's option, may purchase and maintain
Boiler and Machinery Insurance required by the contract documents or by law, which shall specifically cover
such insured objects during installation and until final acceptance by the Jurisdiction; this insurance shall
include interest of the Jurisdiction, Contractor, subcontractors, and sub-subcontractors in the work, and the
Jurisdiction and Contractor shall be named insureds.
E. Loss of Use Insurance: The Jurisdiction, at the Jurisdiction's option, may purchase and maintain insurance
to insure the Jurisdiction against loss of use of the Jurisdiction's property due to fire or other hazards,
however caused. In the event the Jurisdiction purchases such insurance, the Jurisdiction shall waive all
rights of action against the Contractor for loss of use of the Jurisdiction's property, including consequential
losses due to fire or other hazards, however caused.
F. If the Contractor requests in writing that insurance for risks other than those described herein or for other
special hazards be included in the property insurance policy, the Jurisdiction shall, if possible, include such
insurance, and the cost thereof shall be charged to the Contractor by appropriate change order.
G. If during the project construction period, the Jurisdiction insures properties, real or personal or both,
adjoining or adjacent to the site by property insurance under policies separate from those insuring the
project or if after final acceptance, property insurance is to be provided on the completed project through a
policy or policies other than those insuring the project during the construction period, the Jurisdiction shall
waive all rights according to the terms of Section 1070, 3.05, I, for damages caused by fire or other perils
covered by this separate property insurance. All separate policies shall provide this waiver of subrogation
by endorsement or otherwise.
H. Before an exposure to loss may occur, the Jurisdiction shall file with the Contractor a copy of each policy
that includes insurance coverages required by this section. Each policy shall contain all generally
applicable conditions, definitions, exclusions, and endorsements related to this project. Each policy shall
contain a provision that the policy will not be cancelled or allowed to expire until at least 30 calendar days
prior written notice has been given to the Contractor.
I. Waivers of Subrogation: The Jurisdiction and Contractor waive all rights against(1) each other and any of
their subcontractors, sub-subcontractors, agents, and employees, each of the other, and (2)the
Jurisdiction's consultants, separate contractors, if any, and any of their subcontractors, sub-subcontractors,
agents, and employees, for damages caused by fire or other perils to the extent covered by property
insurance obtained pursuant to this section or other property insurance applicable to the work, except such
rights as they have to proceeds of such insurance held by the Jurisdiction as fiduciary. The Jurisdiction or
Contractor, as appropriate, shall require of the Jurisdiction's consultants, separate contractors, if any, and
the subcontractors, sub-subcontractors, agents, and employees of any of them, by appropriate agreements,
written where legally required for validity, similar waivers each in favor of other parties enumerated herein.
The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of
subrogation shall be effective as to a person or entity even though that person or entity would otherwise
have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or
indirectly, and whether or not the person or entity had an insurable interest in the property damaged.
J. A loss insured under the Jurisdiction's property insurance shall be adjusted by the Jurisdiction as fiduciary
and made payable to the Jurisdiction as fiduciary for the insureds, as their interest may appear, subject to
requirements of any applicable mortgagee clause and of Section 1070, 3.05, K. The Contractor shall pay
subcontractors their shares of insurance proceeds received by the Contractor, and by appropriate
agreements, written where legally required for validity, shall require subcontractors to make payments to
their sub-subcontractors in a similar manner.
K. The Jurisdiction as fiduciary shall have power to adjust and settle a loss with insurers unless one of the
parties in interest shall object in writing within five calendar days after occurrence of loss to the
Jurisdiction's exercise of this power; if such objection be made, arbitrators shall be chosen according to
Section 1040, 1.10 D, provided one arbitrator shall be appointed by the Jurisdiction, one by the party in
interest making objection, and the third to be appointed by the two arbitrators thus chosen. Arbitration shall
thereafter proceed as provided in Section 1040, 1.10, E through G. The Jurisdiction as fiduciary shall, in
that case, make settlement with insurers according to the direction of such arbitrators. If distribution of
insurance proceeds by arbitration is required, the arbitrators will direct such distribution.
L. Partial occupancy or use of the work shall not commence until the insurance company or companies
provided property insurance have consented to such partial occupancy or use by endorsement or
otherwise. The Jurisdiction and the Contractor shall take reasonable steps to obtain consent of the
insurance company or companies and shall, without mutual written consent, take no action with respect to
partial occupancy or use that would cause cancellation, lapse, or reduction of insurance.
M. Installation Floater: Under contracts where the Jurisdiction does not provide Builders Risk Insurance, the
Jurisdiction may by special provision require the Contractor to provide coverage under an "Installation
Floater" covering all materials, fixtures, equipment, and supplies provided for the job. Such insurance shall
be on an "all risK'form in an amount equal to the maximum value of such materials, equipment, or supplies
covered on the job site, off-premises at any temporary storage location, or in transit. The Installation
Floater covering the equipment shall have a maximum deductible no greater than $5,000 for each
occurrence, which will be the responsibility of the Contractor.
3.06 ENDORSEMENT NAMING JURISDICTION AS AN ADDITIONAL INSURED/CANCELLATION AND
MATERIAL CHANGE/GOVERNMENTAL IMMUNITIES ENDORSEMENT
A. All liability insurance policies the Contractor is required to provide pursuant to this Section 1070, Part 3-
Bonds and Insurance shall be by endorsement name and designate the Jurisdiction as an additional
insured.
B. The Additional Insured Endorsement shall include the following provisions:
The Jurisdiction, 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, and all its
officers, agents, and consultants, are named as Additional Insureds with respect to liability arising out of the
Contractor's work and services performed for the Jurisdiction. This coverage shall be primary to the
Additional Insureds, and not contributing with any other insurance or similar protection available to the
Additional Insureds, whether other available coverage by primary, contributing, or excess.
The Additional Insured Endorsement shall be included on all Commercial General Liability, Automobile
Liability, and Umbrella/Excess Insurance policies.
C. The Cancellation and Material Change Endorsement shall include the following provisions:
Thirty calendar days advance written Notice of Cancellation, Non-Renewal or Reduction in Insurance
coverage and/or Limits, and 10 calendar days written Notice of Non-payment of Premium, shall be sent to
the Jurisdiction at the office and attention of the Certificate Holder. This endorsement supersedes the
standard cancellation statement on the Certificate of Insurance to which this endorsement is attached.
This Cancellation and Material Change Endorsement shall be included on insurance policies required by
the SUDAS Standard Specifications.
D. All liability policies that include the Jurisdiction as an additional insured shall include a Governmental
Immunities Endorsement, pursuant to Iowa Code Section 670.4, which endorsement shall include the
i'
following provisions:
1. Nonwaiver of Government Immunity: The insurance carrier expressly agrees and states the purchase
of this policy and including the Jurisdiction as an Additional Insured does not waive any of the defenses
of governmental immunity available to the Jurisdiction under Iowa Code Section 670.4 as it now exists
and as it may be amended from time to time.
2. Claims Coverage: The insurance carrier further agrees this policy of insurance shall cover only those
claims not subject to the defense of governmental immunity under Iowa Code Section 670.4 as it now
exists and as it may be amended from time to time.
3. Assertion of Government Immunity: The Jurisdiction 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. Nothing contained in this endorsement shall prevent the carrier from asserting
the defense of governmental immunity on behalf of the Jurisdiction.
4. Non-Denial of Coverage: The insurance carrier shall not deny coverage or deny any of the rights and
benefits accruing to the Jurisdiction 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 Jurisdiction.
5. No Other Change in Policy: The insurance carrier and the Jurisdiction agree the above preservation of
governmental immunities shall not otherwise change or alter the coverage available under the policy.
This Government Immunities Endorsement shall be included on all insurance policies that include the
Jurisdiction as Additional Insured.
E. All liability policies purchased in the Jurisdiction's name shall include a Governmental Immunities
Endorsement, pursuant to Iowa Code Section 670.4, which endorsement shall include the following
provisions:
1. Nonwaiver of Government Immunity: The insurance carrier expressly agrees and states the purchase
of this policy does not waive any of the defenses of governmental immunity available to the Jurisdiction
under Iowa Code Section 670.4 as it now exists and as it may be amended from time to time.
2. Claims Coverage: The insurance carrier further agrees this policy of insurance shall cover only those
claims not subject to the defense of governmental immunity under Iowa Code Section 670.4 as it now
exists and as it may be amended from time to time.
3. Assertion of Government Immunity: The Jurisdiction 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. Nothing contained in this endorsement shall prevent the carrier from asserting
the defense of governmental immunity on behalf of the Jurisdiction.
4. Non-Denial of Coverage: The insurance carrier shall not deny coverage or deny any of the rights and
benefits accruing to the Jurisdiction 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 Jurisdiction.
5. No Other Change in Policy: The insurance carrier and the Jurisdiction agrees that the above
preservation of governmental immunities shall not otherwise change or alter the coverage available
under this policy.
This Government Immunities Endorsement shall be included in all Insurance Policies in the
Jurisdiction's name.
3.07 PROOF OF INSURANCE
A. The Contractor shall, prior to the Jurisdiction's approval and execution of the Contract, provide to the
Jurisdiction a certificate or certificates of insurance evidencing all required insurance coverages as required
in this Section 1070, Part 3—Bonds and Insurance, utilizing the ACORD certificate form, or equivalent,
required by the Jurisdiction. The Certificate of Insurance requirement may be satisfied with a blanket
certificate.
B. The Description of Operations on the Certificate of Insurance for the work must state either: 1) Blanket
certificate of coverage of all work, services, or projects with the Jurisdiction, or 2) Identify the specific
project by name and project number. The Contract will not be submitted for approval execution by the
Jurisdiction until all certificates of insurance are correct and have received staff approval.
C. The Cancellation statement on the Certificate of Insurance shall be superseded by the Cancellation and
Material Changes Endorsement, which shall be attached to the certificate.
D. All endorsements required for the work shall be attached to the appropriate Certificate or Certificates of
Insurance and shall be, on the face thereof, listed by name.
E. If an Owner's Protective Policy is provided, the policy with appropriate endorsements shall be submitted to
the Jurisdiction. The Contract will not be submitted for approval and execution by the Jurisdiction until the
Owner's Protective Policy and all certificates of insurance are correct and have received staff approval.
3.08 NOTIFICATION IN EVENT OF LIABILITY OR DAMAGE
A. Upon the occurrence of any event, the liability for which is herein assumed by the Contractor, the Contractor
agrees to forthwith notify the Jurisdiction in writing of such happening, which notice shall give the details as
to the happening, the cause as far as can be ascertained, the estimate of loss or damage done, the names
of witnesses, if any, and stating the amount of any claim.
B. In the event the Jurisdiction has or obtains actual knowledge of any event that may result in a claim, the
liability for which is herein assumed by the Contractor, the Jurisdiction agrees to notify the Contractor of
such event within a reasonable period of time after acquiring knowledge thereof; provided however, the
Jurisdiction shall have no duty to inspect the project to obtain knowledge of such events; and provided
further the Jurisdiction's failure to so notify the Contractor shall not relieve the Contractor of any liability or
obligation herein assumed by the Contractor.
3.09 SAMPLE INSURANCE FORMS
See the SUDAS website (www.iowasudas.org)for examples of standard insurance forms.
END OF SECTION
McClintock Trucking & Excavating INC
1701 1 st Avenue
Silvis, IL 61282
(309) 781-8286
randy@mcclintocktrkexc.com
WCCLINT07C
TRUCKING 8 EXCAVATING.
Estimate
ADDRESS ESTIMATE# 1082
City of Riverdale, IA DATE 02/18/2020
110 Manor Dr EXPIRATION DATE 03/18/2020
Riverdale, IA 52722
ACTIVITY QTY RATE AMOUNT
Sanitary Sewer Bank Stabilization
Lump Sum 1 19,840.00 19,840.00
McClintock Trucking & Excavating will
furnish all labor, equipment, and material to
stabilize the South Creek Bank where
existing Sanitary Sewer is Located. Work
includes:
-Clear and grub area (All trees remain on
site)
-Use existing dirt from North back to re-
shape South bank and straighten out creek.
-All dirt will be compacted in lifts using
hydraulic plate compactor on excavator.
-Once bank has been re-shaped, Rip Rap
will be laid on fabric on South slope.
-Rip Rap will be placed at approximate size
of 12' high by 80' long and 1 1/2'thick.
-Rip Rap will be placed on Fabric 8' wide and
80' long in bottom of creek bed.
TOTAL $1 %840.00
McClintock agrees to adjust some of the quantity of the creek bottom rip rap in order to frost seed
all exposed earth with SUDAS Type 5 Seed Mixture
Accepted By Accepted Date
SUDAS Standard Specifications Division 9- Site Work and Landscaping
Section 9010- Seeding
2.02 SEED MIXTURES AND SEEDING DATES(Continued)
D. Type 4(Urban Temporary Erosion Control Mixture): Short lived (6 to 8 months) mix for
erosion control.
Table 9010.09: Type 4 Seed Mixture
RAnnual
mmon Name A plication Rate lb/acre
arch 1 - May 20
ass 40
65
Ma 21 -August 14
ass 50
95
FALL -August 15-September 30
Annual R e rass 40
Grain rye 65
*Engineer may delete for previously established urban areas.
E. Type 5(Rural Temporary Erosion Control Mixture): Short lived mix for erosion control.
Table 9010.10: Type 5 Seed Mixture
Common Name Application lb/acre
March 1 - October 31
Canada wild e 5 PLS/acre
Grain e 50
Oats 50
November 1 -Februa 28(or29
Canada wild-a 7 PLS/acre
Grain a 62
Oats 62
Seed does not need to be certified Source Identified Class(Yellow Tag).
F. Type 6(Salt-resistant Mixture): Use for grass medians and areas immediately back of curb
on streets subject to regular salt applications for winter de-icing. Apply between March 1 and
May 31 and between August 10 and September 30.
Table 9010.11: Type 6 Seed Mixture
OkKe
on Name Application Rate Purity Germination
lb/acre
Blue cntuck blue rass 37.5 90 85
Fults ass 75 98 85
Hard f 50 95 85
Nubluck blue rass 37.5 90 85
Shee s fescue 50 90 85
9 Revised: 2015 Edition