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HomeMy WebLinkAboutRESOLUTION NO. 2015-66 SOLUTION NO. 2015-66 A ,RESOLUTION APPROVING ANIS MAKING AWARD OF CONTRACT FOR THE PHASE 4 WATER MAIN REPLACEMENT AND VANDERBIL.T STREET PAVING RECONSTRUCTION PROJECT WHEREAS, the City Council of the City of Fairfax, Iowa, slid receive bids on Thursday, August 20, 2015, at 10:00 AM for the Phase 4 Water Main Replacement and Vanderbilt Street Paving Reconstruction Project, and WHEREAS, the City Council of the City of Fairfax, Iowa, did approve the plans, specifications, forni of contract, and estimated, cost for the Phase 4 Water Main Replacement and Vanderbilt Street Paving Reconstruction Project on August 25, 2015. WHEREAS, Hall and Hall Engineers, Inc. have reviewed the bids and is recommending j the City of Fairfax award the contract to Rathje Construction in the amount of $752,644.32, which includes the base project and all three alternates. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fairfax, that the quote from Rathj e Construction Company in the amount of$752,644.32 for the Phase 4 Water Main Replacement and Vanderbilt Street Paving Reconstruction Project, be and is hereby accepted, as the lowest responsible quote received, and a contract is hereby awarded, and BE IT FURTHER RESOLVED, that the contractor is hereby instructed to promptly execute the construction contract and return the same to the Mayor along with all the supporting documents required therein, including surety bond covering work to be perforrued and proof of satisfactory insurance coverage; and BE IT FURTHER RESOLVED, that the Mayor, with the assistance of the City Engineer, is thereafter directed to examine the contract for proper execution and all supporting documents, including surety bond and proof of insurance coverage to determine satisfactory compliance with contract specifications. If all documents are in order, the Mayor shall approve the same in writing and place written approval on file in the office of the City Clerk/Treasurer; and. BE IT FUXfH +'R RESOLVED, that the Mayor and City Clerk./Treasurer are hereby authorized and directed to execute the contract for and on behalf of the City and upon execution the contract shall be in full farce and effect, and BE IT FURTHER RESOLVED, by the City Council of the City of Fairfax, Iowa, that the Mayor and City Clerk/Treasurer are hereby authorized and directed to execute said Resolution. AYES: Beer, Frieden, Otto, Magers, and Wainwright NAYS: None Passed and approved this 256' day of August, 2015. Jasc"r'/Rabe, Mayor ATTEST: ,Y41& arna goo, 4 r Pei Cy hia Stimson, City C lerk/Treasurer 00500 AGREEMENT PHASE 4 WATER MAIN REPLACEMENT AND VANDERBILT STREET PAVING RECONSTRUCTION CONTRACT NO. 6950-14-01 THE CITY OF FAIRFAX THIS AGREEMENT is by and between CITY OF FAIRFAX (hereinafter called OWNER) and Rath -ie Construction (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - THE PROJECT 1.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally referred to as follows: PHASE 4 WATER MAIN REPLACEMENT AND VANDERBILT STREET PAVING RECONSTRUCTION ARTICLE 2 - WORK 2.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: replacement of existing water main and appurtenances along six different streets and pavement reconstruction with storm sewer improvements along Vanderbilt Street. ARTICLE 3 - ENGINEER 3.01 The Project will be administered by Hall & Hall Engineers, Inc., who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. B. The early start date is September 8, 2015. C. The late start date is March 14, 2016. 4.02 Working Days for Completion and Final Payment A. The Work will be completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions within 85 Working Days (as defined in General Conditions) after the date when the Contract Times commence to run. 4.03 Dates for Milestones 00500-1 November 6, 2014 A. In addition to final completion times, there are Milestones by which certain WORK ITEMS must be completed. See General Conditions for Milestone requirements: MILESTONE 1: None N/A 4.04 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $1,000 for each day that expires after the time specified in paragraph 4.02 until the Work is complete and ready for final payment. B. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Milestone Work is not completed by the Milestone dates specified in paragraph 4.03 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Milestone Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER N/A for each day that expires after the time specified in paragraph 4.03 until the Milestone Work is complete. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs below: A. For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in Exhibit 00500-A. B. For all accepted Supplemental Unit Price Work, each item identified separately as indicated in Exhibit 00500-8. ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Quantity cutoff is the 4th Wednesday of the each month. The CONTRACTOR shall sign - off on OWNER generated pay application and, if applicable, change order documents within 14 calendar days of 4th Wednesday of month in accordance with Article 14 of the General Conditions or as per OWNER generated processing schedule. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 6.02 Progress Payments; Retainage A. OWNER shall make progress payments on account of Work completed on the basis of Owner Inspector generated quantities on or within 14 calendar days of OWNER stated 00500-2 November 6, 2014 due date for all appropriate documents (or within 21 calendar days of receipt if documents are received subsequent to OWNER stated due date) during performance of the Work as provided in paragraphs 6.02A.1 and 6.02.A.2 below. All such payments will be measured by the schedule of values established in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements: Prior to Project Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER may determine or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions: a. 95% of Work completed (with the balance being retainage). If the Work has been 95% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and, OWNER, on recommendation of, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Final Completion will be in an amount equal to 100% of the Work completed less the aggregate of payments previously made; and b. 100% of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. OWNER shall pay retainage to CONTRACTOR in accordance with paragraph 14.02.B.5 of the General Conditions. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07. ARTICLE 7 — NOT USED ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site, if any, and all Drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site, if any, (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and 00500-3 November 6, 2014 (2) reports and Drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. CONTRACTOR acknowledges that such reports and Drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site or otherwise which may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of Work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and Drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. K. CONTRACTOR is competent and has sufficient equipment, personnel and financial resources to perform Work in accordance with the Contract Documents. 00500-4 November 6, 2014 ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following items (either bound herein or separately) as marked with an "X". Included ❑ 1. This Agreement ® a. Pages 1 to 9, inclusive; ® g. b. Exhibit 500-A, Unit Price Work (pages 1 to 2, inclusive); ❑ c. Exhibit 500-B, Supplemental Unit Price Work (pages 1 to [ ], ❑ h. inclusive); ® 2. Notice of Hearing and Letting. ® 3. Performance Bond (pages 1 to 4 inclusive); ® 4. Payment Bond (pages 1 to 3 inclusive); ❑ 5. Other Bonds (pages [ ] to [ ], inclusive), (name of bond); ❑ I. a. [ ] (pages [ ] to [ ], inclusive); ❑ m. b. [ ] (pages [ ] to [ ], inclusive); ❑ n. c. [ ] (pages [ ] to [ ], inclusive); 6. Bid Form Attachments ® a. Attachment I — Equal Employment Opportunity/Non- Discrimination Policy Statement ® b. Attachment II — Non -Collusion Affidavit ❑ c. Attachment III — Disadvantaged Business Enterprise (DBE) Certification for Non -Rolling Stock Materials or Services ❑ d. Attachment IV — Disadvantaged Business Enterprise (DBE) List ❑ e. Attachment V — Debarment and Suspension Certification ❑ f. Attachment VI — Certification of Primary Participant Regarding Debarment, Suspension, and Other Responsibility Matters ❑ g. Attachment VI I — Part 661 — Buy America Requirements — Surface Transportation Assistance Act of 1982, As Amended ❑ h. Attachment VIII — Certification of Restrictions on Lobbying ❑ i. Attachment IX — Certification of Nonsegreated Facilities ❑ j. Attachment X — Targeted Small Business (TSB) Pre -Bid Contact Information ❑ k. Attachment XI — Licensed Plumber or Pipe Layer Certification ❑ I. Attachment XII — Local Business Certificate ❑ m. Attachment XIII — Affidavit of Drug Free Workplace Compliance ❑ n. Attachment XIV — Schedule of Unit Prices for Traffic Signal Installation ❑ o. Attachment XV — Bidder Status Form ® 7. Cedar Rapids Metropolitan Area Standard Documents; a. Cedar Rapids Metropolitan Area Standard Specifications for Public Improvements, current version b. Cedar Rapids Metropolitan Area Standard Details for Public Improvements, current version ® 8. Supplementary Conditions, Section 00800, (pages 1 to 18, inclusive); ❑ 9. Special Provisions and Specifications as listed in the table of 00500-5 November 6, 2014 contents of the Project Manual; ® 10. Drawings consisting of a cover sheet and sheets numbered A.01 through W.05, inclusive, with each sheet bearing the following general title: PHASE 4 WATER MAIN REPLACEMENT AND VANDERBILT STREET PAVING RECONSTRUCTION ❑ 11. Addenda (numbers [ ] to [ ], inclusive); 12. Exhibits to this Agreement (enumerated as follows): ❑ a. Notice to Proceed (pages [ ] to [ ], inclusive); ® b. CONTRACTOR's Bid Exhibit 00300A (pages 1 to 1, inclusive); ❑ c. Documentation submitted by CONTRACTOR prior to Notice of Award (pages [ ] to [ ], inclusive); ® d. Insurance Certificates; ❑ e. [FIELD FOR "OTHER EXHIBITS"]; 13. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: ❑ a. Written Amendments; ❑ b. Work Change Directives; ® c. Change Order(s). B. The documents listed in paragraph 9.01.A are incorporated by reference (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. Any attachments within an appendix not listed in Article 9, are not part of the Contract Documents. The CONTRACTOR has limited reliance on these appendices, in accordance with the General Conditions. D. The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 3.04 of the General Conditions. ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 00500-6 November 6, 2014 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Other Provisions — NOT USED 00500-7 November 6, 2014 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on the date the Award is approved by the City Council as acting on behalf of the OWNER. OWNER: City of Fairfax By: Title: Address: Hall & Hall Engineers, Inc. ........ ....,, (Title) te: 1 �'�•d.�' a 0 Cp r� •. (319) 362-9548 ° 7 t-1 ;pt ftkF ORATE SEAL] Facsimile: Email Address: e e Attest Address for~'giving notices: City of Fairfax City Clerk 525 Vanderbilt Street CONTRACTOR: RATHJE CONSTRUCTION CO. By: ROBERT L. RATHJ16 PRESIDENT (Title) Date: AUGUPT 31, 2015 [CORPORATE SEAL] Address for giving notices: RATHJE CONSTRUCTION CO. P.O. BOR 408 MARION, IA 52302 Fairfax, Iowa 52228 License No C099377 License No. (If OWNER is a corporation, attach evidence of (Where applicable) authority to sign. If OWNER is a public body, attach evidence of authority to sign and resolution Agent for service of process: or other documents authorizing execution of OWNER -CONTRACTOR Agreement.) ROBERT L. RATHJE Designated Representative: Designated Representative: Name: Joel Gross, P.E. Name: ROBERT L. RATHJE Title: Project Manager Title: Address: Hall & Hall Engineers, Inc. Address: 1860 Boyson Road Hiawatha, Iowa 52233 Phone: (319) 362-9548 Phone: Facsimile: Email Address: (319) 362-7595 Joel@halleng.com Facsimile: Email Address: 1'i7 atak RATHJE CONSTRUCTION CO. P.O. BOX 408 MARION, IA 52302 319-377-3179 319-377-3827 brathje@rathjeconstruction.com 00500-8 November 6, 2014 INSTRUCTIONS FOR EXECUTING CONTRACT If the Agreement is to be signed by the Secretary of the corporation, the certificate below should be executed by some other officer of the corporation, under the corporate seal. In lieu of the foregoing certificate, there may be attached to the Agreement copies of so much of the records of the corporation which will show the official character and authority of the officers signing, duly certified by the secretary or assistant secretary under the corporate seal to be true copies. The full name and business address of CONTRACTOR should be inserted and the Agreement should be signed with CONTRACTOR's official signature. Please have the name of the signing party printed under all signatures of the Agreement. If CONTRACTOR is operating as a partnership, each partner should sign the Agreement. If the Agreement is not signed by each partner, there should be attached to the Agreement a duly authenticated power of attorney evidencing the signer's (signers') authority to sign such Agreement for and in behalf of the partnership. If CONTRACTOR is an individual, the trade name (if CONTRACTOR is operating under a trade name) should be indicated in the Agreement and the Agreement should be signed by such individual. If signed by other than CONTRACTOR, there should be attached to the Agreement a duly authenticated power of attorney evidencing the signer's authority to execute such Agreement for and in behalf of CONTRACTOR. If CONTRACTOR is a corporation, the following certificate should be executed: I, MARY L. RATHJE , certify that I am the SECRETARY of the corporation named as CONTRACTOR herein above; that ROBERT L. RATHJE , who signed the foregoing Agreement on behalf of CONTRACTOR was then PRESIDENT of said corporation; that said Agreement was duly signed for and in behalf of said Corporation by authority of its governing body, and is within the scope of its corporate powers. r14 L�UL G� (Corporate Seal) END OF SECTION 00500 00500-9 November 6, 2014 Bond No. 54207063 00610 PERFORMANCE BOND CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Rathje Construction Co. Business): 4925 8th Avenue United Fire & Casualty Company P.O. Box 408 P. O. Box 73909 Marion, Iowa 52302 Cedar Rapids, IA 52407-3909 OWNER (Name and Address): City of Fairfax 525 Vanderbilt Street Fairfax, Iowa 52228 CONTRACT Date: August 25, 2015 Amount: $752,644.32 Description (Name and Location): Phase 4 Water Main Replacement and Vanderbilt Street Paving Reconstruction BOND Date (Not earlier than Contract Date): August 25, 2015 Amount: $752,644.32 Modifications to this Bond Form: None Surety and CONTRACTOR, intending to be legally bound hereby, subject to the terms included in this Section 00610, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: l) Rohte Constr n Co. United Fie C sualty Co �YrI7 Signature: Signatur . _ Name, and Title: Robert L. Rathje, President Name and Title: Dione R. Young, Attorney -in -Fact (Attach Power of Attorney) (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: Signature: Signature: (Corp. Seal) Name and Title: Name and Title: _............... .---_-.-._-_--____-_.-.-...--FOR USE BY OWNER ONLY --------------------- __-_._._-------._.-.-.-.-.-.............. REVIEWED BY OWNER 1 SignatureDate 1 t_ ,__�„p, /„ `` _._._._..__� Name and Titler<5r 00610-1 April 1, 2000 written notice from the OWNER to the Surety demanding that the Surety perform its obligations under this Bond, and the OWNER shall be entitled to enforce any remedy available to the OWNER. If the Surety proceeds as provided in paragraph 4.4, and the OWNER refuses the payment tendered or the Surety has denied pliability, in whole or in part, without further notice the OWNER shall be entitled to enforce any remedy available to the OWNER. 6. After the OWNER has terminated the CONTRACTOR's right to complete the Contract, and if the Surety elects to act under paragraph 4.1. 4.2. or 4.3 above, then the responsibilities of the Surety to the OWNER shall not be greater than those of the CONTRACTOR under the Contract, and the responsibilities of the OWNER to THE Surety shall not be greater than those of the OWNER under the Contract. To a limit of the amount of this Bond, but subject to commitment by the OWNER of the Balance of the Contract Price to mitigation of costs and damages on the Contract, the Surety is obligated without duplication for: 6.1. The responsibilities of the CONTRACTOR for correction of defective Work and completion of the Contract; 6.2. Additional legal, design professional and delay costs resulting from the CONTRACTOR's Default, and resulting from the actions or failure to act of the Surety under paragraph 4; and 6.3. Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or nonperformance of the CONTRACTOR. The Surety shall not be liable to the OWNER or others for obligations of the CONTRACTOR that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the OWNER or its heirs, executors, administrators, or successors. 8. The Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders and other obligations. 9. Any proceedings legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the state of Iowa and shall be instituted within two years after CONTRACTOR Default or within two years after the CONTRACTOR ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. if the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the OWNER or the CONTRACTOR shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Definitions. 12.1 Balance of the Contract Price: The total amount payable by the OWNER to the CONTRACTOR UNDER THE Contract after all proper adjustments have been made, including allowance to the CONTRACTOR of any amounts received or to be received by the OWNER in settlement of insurance or other Claims for damages to which the CONTRACTOR is entitled, reduced by all valid and proper payments made to or on behalf of the CONTRACTOR under the Contract. 12.2. Contract: The Agreement between the OWNER and the CONTRACTOR identified on the signature page, including all Contract Documents and changes thereto. 00610-3 April 1, 2000 Bond No. 54207063 00620 PAYMENT BOND Any singular reference to CONTRACTOR, Surety, OWNER or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Rathje Construction Co. Business): 4925 8th Avenue United Fire & Casualty Company P.O. Box 408 P. O. Box 73909 Marion, Iowa 52302 Cedar Rapids, IA 52407-3909 OWNER (Name and Address): City of Fairfax 525 Vanderbilt Street Fairfax, Iowa 52228 CONTRACT Date: August 25, 2015 Amount: $752,644.32 Description (Name and Location): Phase 4 Water Main Replacement and Vanderbilt Street Paving Reconstruction BOND Date (Not earlier than Contract Date): August 25, 2015 Amount:: $752,644.32 Modifications to this Bond Form: None Surety and CONTRACTOR, intending to be legally bound hereby, subject to the terms included in this Section 00620, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) Rathje Construogn Co. Signature: Name and Title: Robert L. Rathje, President SURETY Compan ''or Seal) UniteF)��sualty Coman. Signatur Name and Title: Dione R. Young, Attorney -in -Fact (Attach Power of Attorney) (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: Signature: Name and Title: REVIEWED BY OWNER Signature: Name and Title: FOR USE BY OWNER ONLY Signature,1 Date r_ w Name and Title (Corp. Seal) 00620-1 April 1, 2000 8. Amounts owed by the OWNER to the CONTRACTOR under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any Performance Bond. By the CONTRACTOR furnishing and the OWNER accepting this Bond, they agree that all funds earned by the CONTRACTOR in the performance of the Contract are dedicated to satisfy obligations of the CONTRACTOR and the Surety under this Bond, subject to the OWNER's priority to use the funds for the completion of the Work. 9. The Surety shall not be liable to the OWNER. Claimants or others for obligations of the CONTRACTOR that are unrelated to the Contract . The OWNER shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10, The Surety hereby waives notice of any change, including changes of time, to the Contract or to related Subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by paragraph 4.1 or paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the OWNER or the CONTRACTOR shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, the OWNER or the CONTRACTOR, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is, that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, the CONTRACTOR shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS 15.1. Claimant: An individual or entity having a direct Contract with the CONTRACTOR or with a Subcontractor of the CONTRACTOR to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms 'labor, materials or equipment' that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of the CONTRACTOR and the CONTRACTOR's Subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2. Contract: The Agreement between the OWNER and the CONTRACTOR identified on the signature page, including ail Contract Documents and changes thereto. 15.3. OWNER Default: Failure of the OWNER, which has neither been remedied nor waived, to pay the CONTRACTOR as required by the Contract or to perform and complete or comply with the other terms thereof. 00620-3 April 1, 2000 this day ust BPOA0049 0115. ACOR" CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 08/2 8/2 015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-800-300-0325 Holmes Murphy & Assoc - CR CONTACT NAME: PHONE FAX AIC No): (A/C,.No Ext): (,C, 500 lat Avenue NE, Suite 300 E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC# Cedar Rapids, IA 52401 INSURER A: INTEGRITY MUT INS CO 14303 11/01/14 INSURED INSURER B: Rathje Construction Company INSURER C INSURER D: 305 44th St INSURER E: Marion, IA 52302 DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 INSURER F: rr1VFRAr:9C !`PRTIFICATF MIIMRFR• 44RR0165 RFVISIr1N NIIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSR SWVD UER POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS A GENERAL LIABILITY CPP2004077 11/01/14 11/01/15 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 CLAIMS -MADE a OCCUR MED EXP (Any one person) $ 3.0,000 PERSONAL &ADV INJURY $ 1, 000, 000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 $ — X POLICY X PRO- X LOC A AUTOMOBILE LIABILITY CA2004078 11/01/14 11/01/15 Ea aBc deDt SINGLE LIMIT 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS PROPERTY DAMAGE $ Per accident NON -OWNED HIRED AUTOS AUTOS $ A UMBRELLA LIABX OCCUR CUP2004080 11/01/1 11/01/15 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ A WORKERS COMPENSATION WCP2004079 11/01/1 11/01/15 X WCSTATU- OTH- 11 AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTN E R/EXECUTIVE Y/ N OFFICER/MEMBER EXCLUDED? N❑ (Mandatory In NH) N / A E.L.EACH ACCIDENT $ 500,000 — E L DISEASE- EA EMPLOYEE $ 500,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500, 000 A Pollution CPP2004077 11/01 14 11 01 15 Aggregate 100,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The City of Fairfax, Iowa, its officers and employees and Hall and Hall Engineers, Inc., are additional insureds on General Liability as required by written contract with the insured, per policy terms and conditions. Project: Phase 4 Water Main Replacement and Vanderbilt Street Paving Reconstruction HHE Project No. 6950-14-01 UtK I ItIGA I t NULUtK L ANI.rLLA I IUN City of Fairfax City Clerk 525 Vanderbilt St. Fairfax, IA 52228 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD kbressler 44880165 Integrity Mutual Insurance P.O. Box 539 Appleton, Wisconsin 54912-0539 COMMERCIAL SPECIA1 ENDORSEMENT SE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured/Mailing Address: RATHJE CONSTRUCTION COMPANY RATHJE BROS INVESTMENTS LLC PO BOX408 MARION IA 52302 Policy Number Mod: CPP 2004077-02 Agency Name/Address/Code Number. HOLMES MURPHY & ASSOCIATES INC 500 FIRST AVENUE SUITE 300 CEDAR RAPIDS, IA 52401 14-761-00 Effective Date of Change: 11 /01/14 at 12:01 AM Standard Time This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated above. CITY OF FAIRFAX, IOWA - GOVERNMENTAL IMMUNITIES ENDORSEMENT 1) NONWAIVER OF GOVERNMENTAL IMMUNITY: WE (THE INSURANCE CARRIER) EXPRESSLY AGREE AND STATE THAT THE PURCHASE OF THIS POLICY AND THE INCLUDING OF THE CITY OF FAIRFAX, IOWA AS AN ADDITIONAL INSURED DOES NOT WAIVE ANY OF THE DEFENSES OF GOVERNMENTAL IMMUNITY AVAILABLE TO THE CITY OF FAIRFAX, IOWA UNDER ODE OF IOWA SECTION 670.4 AS IT NOW EXISTS AND AS IT MAY BE AMENDED FROM TIME TO TIME. 2) CLAIMS COVERAGE: WE FURTHER AGREE 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. Authorized Representative I K968 (08-97) Integrity Mutual Insurance P.O. Box 539 Appleton, Wisconsin 54912-0539 COMMERCIAL SPECIAL ENDORSEMENT SE 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, Named Insured/Mailing Address: Agency Name/Address/Code Number: RATHJE CONSTRUCTION COMPANY HOLMES MURPHY& ASSOCIATES INC RATHJE BROS INVESTMENTS LLC 500 FIRST AVENUE SUITE 300 PO BOX408 CEDAR RAPIDS, IA MARION IA 52302 52401 14-761-00 Policy Number: Mod'. CPP2004077-02 Effective Date of Change: 11/01/14 at 12:01 AM Standard Time This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM CONT. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated above. 3) ASSERTION OF GOVERNMENTAL IMMUNITY: THE CITY OF FAIRFAX, 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. NOTHING CONTAINED IN THIS ENDORSEMENT SHALL PREVENT THE CARRIER FROM ASSERTING THE DEFENSE OF GOVERNMENTAL IMMUNITY ON BEHALF OF THE CITY OF FAIRFAX, IOWA. 4) NON -DENIAL OF COVERAGE: WE SHALL NOT DENY COVERAGE UNDER THIS POLICY AND WE SHALL NOT DENY ANY OF THE RIGHTS AND BENEFITS ACCRUING TO THE CITY OF FAIRFAX, 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 FAIRFAX, IOWA, Authorized Representative I K968 (08-97) Integrity Mutual Insurance P.O. Box 539 Appleton, Wisconsin 54912-0539 -I Wftuy R SE 1. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured/Mailing Address: RATHJE CONSTRUCTION COMPANY RATHJE BROS INVESTMENTS LLC PO BOX 408 MARION IA 52302 Policy Number. Mod: CPP2004077-02 Agency Name/Address/Code Number: HOLMES MURPHY & ASSOCIATES INC 500 FIRST AVENUE SUITE 300 CEDAR RAPIDS, IA 52401 14-761-00 Effective Date of Change: 11/01/14 at 12:01 AM Standard Time This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM CONT. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated above. 5) NO OTHER CHANGE IN POLICY: WE AND THE CITY OF FAIRFAX, IOWA AGREE THAT THE ABOVE PRESERVATION OF GOVERNMENTAL IMMUNITIES SHALL NOT OTHERWISE CHANGE OR ALTER THE COVERAGE AVAILABLE UNDER THE POLICY, CITY OF FAIRFAX, IOWA -ADDITIONAL INSURED ENDORSEMENT THE CITY OF FAIRFAX, IOWA INCLUDING ALL ITS ELECTED AND APPOINTED OFFICIALS, ALL ITS EMPLOYEES AND VOLUNTEERS, ALL ITS BOARDS, COMMISSIONS AND/OR AUTHORITIES AND THEIR BOARD MEMBERS, EMPLOYEES, AND VOLUNTEERS, ARE INCLUDED AS ADDITIONAL INSUREDS WITH RESPECT TO LIABILITY ARISING OUT OF THE INSURED'S WORK AND/ OR SERVICES PERFORMED FOR THE CITY OF FAIRFAX, IOWA. THIS COVERAGE IS PRIMARY TO THE ADDITIONAL INSUREDS, AND NOT CONTRIBUTING WITH ANY OTHER INSURANCE OR SIMILAR PROTECTION AVAILABLE TO THE ADDITIONAL INSUREDS, WHETHER AVAILABLE COVERAGE Authorized Representative I K968 (08-97) Integrity Mutual Insurance P.O. Box 539 Appleton, Wisconsin 54912-0539 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured/Mailing Address: RATHJE CONSTRUCTION COMPANY RATHJE BROS INVESTMENTS LLC PO B0X408 MARION IA 52302 Policy Number. Mod: CPP 2004077-02 Agency Name/Address/Code Number: HOLMES MURPHY & ASSOCIATES INC 500 FIRST AVENUE SUITE 300 CEDAR RAPIDS, IA 52401 14-761-00 Effective Date of Change: 11/01/14 at 12:01 AM Standard Time This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM CONT. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated above, IS PRIMARY, CONTRIBUTING OR EXCESS. CITY OF FAIRFAX, IOWA - CANCELLATION AND MATERIAL CHANGES ENDORSEMENT - THIRTY (30) DAYS ADVANCE WRITTEN NOTICE OF CANCELLATION, NON• RENEWAL, REDUCTION IN INSURANCE COVERAGE AND/OR LIMITS AND THIRTY (301 DAYS WRITTEN NOTICE OF NON-PAYMENT OF PREMIUM SHALL BE SENT TO THE CITY OF FAIRFAX, 525 VANDERBILT STREET, FAIRFAX, IA 52228 THIS ENDORSEMENT SUPERSEDES THE STANDARD CANCELLATION STATEMENT ON THE CERTIFICATE OF INSURANCE TO THIS ENDORSEMENT IS ATTACHED. Authorized Representative I K968 (08-97) 00300 BID PROJECT NAME: PHASE 4 WATER MAIN REPLACEMENT AND VANDERBILT STREET PAVING 'RECONSTRUCTION CONTRACT NO: 6950-14-01 THIS BID 1S SUBMITTED TO: City of Fairfax 525 Vanderbilt Street Fairfax, Iowa 52228 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Notice of Hearing and :Letting, including without limitation those dealing with the disposition of Bid security, The Bid will remain subject to acceptance for 45 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of OWNER.Bidder will sign and deliver the required :number of counterparts of the Agreement with the Bonds, insurance certificates, and other documents required by the Bidding Requirements within 15 days after the OWNER's Notice of Award. 3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged. Addendum No. Addendum Date 1 8/14/2015 B. Bidder has visited and examined the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all Drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided ;in paragraph 4.02 of the General Conditions, and (2) reports and Drawings of a Hazardous Environmental Condition, if any, which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. 00300-1 Original Issue October 7, 2013 E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the'price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to 'Bidder, information and observations obtained ' from visits to the Site, reports and Drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by ENGINEER is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder has received and is familiar with: (i) Cedar Rapids Metropolitan Area Standard Specifications Version April 2003 for Public Improvements (ii) Cedar Rapids Metropolitan Area Standard Details Version April 2003 for Public Improvements 4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any; undisclosed individual or entity and is not submitted in conformity with any Agreement or rules of any group, association, organizationor corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any individual or entity to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. 5.01 Bidder agrees that the Work will be completed and ready for final payment in accordance with paragraph ;14.07.B of the General Conditions on or before the 'dates or within the number of Calendar or Working Days indicated in the Agreement. 5.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 6.01 Include the following documents in the envelope with this Bid: A. Attachment I — Equal Employment Opportunity/Non-Discrimination Policy B. Attachment II — Non -Collusion Affidavit 00300-2 Original Issue October 7, 2013 6.02 The following documents are submitted in a separate envelope and made a condition of this Bid: A. Required Bid security in the form set forth in the Bidding Documents. 7.01 The terms used in this Bid with initial capital letters have the meanings; indicated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. 8.01 Bidder will complete the Work in accordance with the Contract Documents for the prices as shown on the attached schedule of Bid prices. Unit Prices have been computed in accordance with paragraph 11.01.A' of the General Conditions. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. 8.02 Abbreviations The following abbreviations may be used in this Bid: ACC - Asphaltic Cement Concrete LBS - Pounds CIP - Complete in Place LF - Linear Foot COMP - Complete LS - Lump Sum CF - Cubic Foot LT - Left CY - Cubic Yard MAT - Material DI - Ductile Iron MH -` Manhole DIA - Diameter PCC - Portland Cement Concrete EA - Each RCB - Reinforced Concrete Box ELEC - Electrical ' RCP - Reinforced Concrete Pipe EST - Estimate(d) RT -' Right EXCL - Excluding SF - Square Foot FIXT - Fixture STA -` Station FT - Feet SY - Square Yard GAL - Gallon TN - Ton HERCP ; - Horizontal Elliptical RCP VLF -' Vertical Linear Foot HRS - Hours W/ -' With IN - Inch W/O -` Without INCL - Including 00300-3 Original Issue October 7, 2013 SUBMITTED on AUGUST 20 2015 Iowa Department of Labor Registration NO./CONTRACTOR License No. C099377 If Bidder is: An Individual Name (typed or printed): By: (SEAL) (Individual's signature) Doing business as: Business address: Phone No.: FAX No. Email Address: A Partnership Partnership Name: (SEAL) By: (Signature of general partner — attach evidence of authority to sign) Name (typed or printed): Businessaddress: Phone No.: FAX No.: Email Addres: A Corporation Corporation Name: RATHJE' CONSTRUCTION CO. (SEAL) State of Incorporation: IOWA Type (General Business, Professional, Service, Limited Liability): CORPORATION By: (Sign ure - attach evidence of authority to sign) Name (typed or printed): ROBERT L. RATHJE Title: PRESIDENT (CORPORATE SEAL) Atte (Sign tune of Corporate S cretary) Business; address: P.O. BOX 408 MARION, IA 52302 00300-4 Original Issue October 7, 2013 Phone No.: 319-377-3179 FAX No.: 319-377-3827 Email Address: brathje@rathjeconstruction.com Date of Incorporation: DECEMBER 1969 A Joint Venture Joint Venturer Name: (SEAL) By (Signature of joint venture partner — attach evidence of authority to sign) Name (typed or printed): Title: Business address: Phone No.: FAX No.`. Email Address: Joint Venturer Name: (SEAL) By (Signature - attach evidence of authority to sign) Name (typed or printed): Title: Business address: Phone No.: FAX No.: Email Address: Phone and FAX Number, Email Address and Mailing Address for `receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.) 00300-5 Original Issue October 7, 2013 00300-A UNIT PRICE BID PHASE 4 WATER MAIN REPLACEMENT AND VANDERBILT STREET PAVING RECONSTRUCTION CONTRACT NO. 6950-14-01 CITY OF FAIRFAX The following prices per item shall be for furnishing and installing the various items of material and Work as specified and shown on the Drawings. Bidder agrees to perform all Work as shown on the Drawings and described in the Specifications for the following listed prices. Bidder acknowledges that unit prices have been computed in accordance with paragraph 11.01 of the General Conditions. Bidder acknowledges that quantities are not guaranteed and final payment will be based on actual quantities, and classifications are to be made by ENGINEER as provided in paragraph 11.01 of the General Conditions. Note: A price must be bid for each item in the Bid, even though the estimated quantity is zero. Unbalanced or unreasonable unit prices may cause rejection of the Bid. All number shall be in ink. This Project shall be awarded at the discretion of the Fairfax City Council. This Project shall be awarded to the responsive and responsible bidder with the lowest total combined price for whichever combination of the Base Bid and Alternate Bids the City Council Chooses to proceed with. Legal Name of Bidder: RATRJE CONSTRUCTION CO. Address of Bidder: P.O. BOX 408 MARION, IA 52302 BID ITEM NO. STD ITEM NO. DESCRIPTION QTY UNIT UNIT PRICE BID (Numbers) EXTENSION 1 01100-01 Mobilization 1 LS - 30000. -- 2 01110-02'' Subgrade and Subbase Compaction Testing 1 LS; 1700,..- Moo. - 3 01200-01 ' Traffic Control 1 LS 60.^ ogqoa - 4 01200-41 Install Temporary Walkways (Trail) 30 LF 70. - 5 01300-01 Temporary Erosion and Sediment Control 1 LS 00.--6 4600-- 6 01300-12 Filter Socks at Storm Sewer Structures 7 EA; - 7 01300-15 ` Temporary Seeding and Mulching (Contingency Bid Item) 1.0 ACRE /500.- 1X00. 8 01400-01 Clearing and Grubbing ` 1 LS 00 O 9 01400-10 Removal of Existing Driveways (PCC and Asphalt) ` 925 SY- 10 01400-10 Removal of Existing Driveways (Aggregate) 180 SY 1 3.- 5 O, 11 01400-10 Removal of Existing Seal Coat Street Pavement (Railroad Street)90 SY; 12 01400-10 , Removal of Existing PCC Street Pavement, Including portion with Asphalt Overlay (Vanderbilt Street, including Prairie Avenue and S. Front Street Intersections) 2,420 SY 100. -- 13 01400-11 '' Removal of Existing Sidewalk 50 SY �j,< ZC50.- 14 01400-11 Removal of Existing Sidewalk, Brick Pavers 4 SY 2,.. 15 01400-40 Removal of Existing Storm Sewer Structures 5 EA 16 01400 41 Removal of Existing Storm Sewer and Culvert Pipe Includes F. S.) All Pipe is 24" Dia. or Smaller 324 LF 2 I 17 01400-55' Abandonment of Existing Water Main 1 LS 2.00.% 00. - 18 01400-60 Removal of Fire Hydrant ` 7 EA 100."- 1706 - 19 01400-61 Removal of Valves 5 EA 000- ?-600, 20 20 02000-01 r Unclassified Excavation and Embankment 1,100 CY Cj 21 02000-02 : Strip and Respread Topsoil 220 `, CY pc/0 .- 22 02100-01 Subgrade Preparation 3,700 ` SY 23 02100-20 Subgrade Stabilization with Crushed Rock Material Contin enc Bid Item 350 CY 24 02100-35 Geotextile for Subgrade Stabilization (Contingency Bid Item 1,050 SY 25 02100-50 Granular Subbase, 6" Thick (Under Vanderbilt Street Paving)�j, 2,830) SY ,o a 26 02100-50 Granular Subbase, 4" Thick (Under Vanderbilt Trail Pavin 870: SY �j,�j� 3oy5.- 00300-A November 24, 2014 00300-A 27 02100-60 Special Backfill 1,200 TON 11Z.- 00.-- 28 02200-10 ' TrenchStabilization (Contingency Bid Item) 100 CY 'LOO -' 29 02200-30 Drainable Backfill 190 CY' (,;. 30 02400-01 15" Dia. RCP Storm Sewer 91 LF q2'1 . 31 02400-01 ` 18" Dia. RCP Storm Sewer 235 LF SIO.'- 9'400.-' 32 02400-01 24" Dia. RCP Storm Sewer 36 LF 17o.- LIS 7.0. 33 02400-10 + Subdrain (6" Diameter) 1,020: LF 10.50 d 7 0. 34 02400-12 Connect Exist. Subdrain Service to Proposed Storm 1 EA Sewer Intake 219 Prairie Avenue 35 02400-12 Connect Exist. Subdrain Service to Proposed Subdrain 'enc 2 EA Contin Item y50. - 00. - 36 02400-13 Subdrain Cleanouts (24" Diameter) 4 EA' 37 02400-20 15" Dia. CMP Culvert (Replace Section of Existing Culvert 20 LF Contingency Bid Item) 6--- 38 02400-20 18" Dia. CMP Culvert (Replace Section of Existing Culvert 20 LF Continqencv Bid Item 0.- 39 02400-50 Storm Sewer Intake (Metro RA -3) 3 EA'. Vp 66.;.- 7; 670, 40 02400-51 Storm Sewer Intake (Metro RA -5) 1 EA +" do ^ BrIloo. 41 02400-52 Storm Sewer Intake (Curb and Grate Inlet -'Single) 1 EA ` p0 22-00.- 200.,..42 42 02400-53 Storm Sewer Intake (Curb and Grate Inlet -'Double); 1 EA ( 3600.- 3000.- 43 02500-01 8" Dia PVC Water Main (C-900) 3,600 LF' 2q.2-6 0 300. 44 02500-01 6" Dia PVC Water Main (C-900) 60 LF 45 02500-20 Furnish and Install 8" Dia. Gate Valve and Box 17 EA ` 12 Water Services, (Plastic), Including racer Wire 46 and Removal, Disposal, and Replacement of 27 EA' 02500-40 Existing Curb Stop and Box 175:- 3I `12 Water Services, 1 "(Plastic), including I racer Ire and Removal, Disposal, and Replacement of 47 Existing Curb Stop and Box (Installed in a Lid Cover 1 EA 02500-40' in the Driveway at 109 S. Front Street) ` 1540. - Water Services(Directional Drill), (Plastic), 48 Including Tracer Wire and Removal, Disposal, and 21 EA 02500-40 Replacement of Existing Curb Stop and Box (,) 5,.. 49 02500-50 Furnish and Install Fire Hydrant and Assembly, including a 8 EA Storz Connection 3800.- 30 00.' 50 02500-60 Disinfection and Hydrostatic Testing 1 LS IOQ, - 100.- 00.-51 51 02600-35 Repair Exist. Subdrain Services (Contingency Bid Item) 3 EA 50 0 50. Portland emenConcrete avement, on - 52 Reinforced, Class C Concrete, 7 -inch Thick 2,450 SY 02700-01 (Vanderbilt Street) Zq Go$ 72 `71U. - Portland Cement Concrete Pavement, on - 53 Reinforced, Class C Concrete, 6 -inch Thick 720 SY' 02700-01 (Vanderbilt Trail) 3 75 2- 300.— Portland Cement Concrete Driveway, 5 -inch Thick 54 02700-20 over 4 -inch Thick Subbase 689 SY Portland Cement Concrete Driveway, 6 -inch Thic 55 02700-20 over 4 -inch Thick Subbase (Contingency Bid Item) 75 SY 2 Z84-8.95 Portland ement Concrete PavementRepair, 56 Remove 7 -inch PCC and Replace 7" PCC over 6" 200 SY.` 02700-30 Granular Subbase y4.= 8860.- 57 02700-70` Portland Cement Concrete Sidewalk 17.0 SY �f 0.`- logo. - 50. -58 58 02700-71 Sidewalk, Reinstall Existing Brick Pavers 4.0 SY 350. - 00. 59 02700-72> Portland Cement Concrete Sidewalk Steps 2.5 SY' 60 02700-75 Portland Cement Concrete Sidewalk Ramp 70 SY' ,5 61 02750-10 Hot Mix Asphalt Concrete Widening 70 SY = ')40.24 Hot Mix Asphalt Concrete Driveway, 5 -inch Thick 62 02750-20' over 4 -inch Thick Subbase 87 SY '% `).` 4o 63 02750-50' Hot Mix Asphalt Concrete Overlay, 2" Overlay 380 SY- 64 02800-40 Aggregate Surfacing for Driveways 180 SY?2$ZG►.- 00300-A November 24, 2014 00300-A 65 02900-01 Imported Topsoil (Contingency Bid Item) 200 CY 3(0, - 12-00.- 66 16570-95 Traffic Signs, with Post (Permanent) 1 EA Removal of Existing Sidewalk T50-- 67 02910-05 Trees, Planted in the R.O.W. to Replace Existing Trees 2 EA Soo.- oao. 68 02900-12 Hydroseeding with Liquid Mulch Binder, Type 1A Seed Mi 2.3 ACRE Removal of Valves loyNO. - TOTAL BASE BID COMPUTED TOTAL BASE BID (ITEMS 1 THROUGH 68) Six N "ra Four4-", 'Tho t -s aid N e n.a-� tJrr'e. o" S7/oo $ (01 y ?, (19-67 (Words) (Numbers) BID ALTERNATE ITEMS The Owner may elect to Add or Replace certain items of work identified in the Base Bid with any or all of the Alternates noted below. The Bidder shall submit a bid for each of the items listed in this Bid Alternate in order for their bid to be considered. BID ALTERNATE 1 BID STD ITEM ITEM UNIT PRICE BID NO. NO, DESCRIPTION QTY UNIT N umbersl EXTENSION Al -1 01400-10 Removal of Existing Driveways (PCC) 395 SY 6.Sb 21.' 2. Al -2 01400-11 Removal of Existing Sidewalk 6 SY q.;0 ZI. A1-3 01400-60 : Removal of Fire Hydrant 1 EA— A14 01400-61 ` Removal of Valves 3 EA q 2 2'15 A1-5 02100-60 Special Backfill 300 TON j(o. — q 8.00... A1-6 02200-30 1 Drainable Backfill 25 CY'' (,' 215.- 5- A1 -7 A1-7 02400-01 15" Dia. RCP Storm Sewer 40 LF q,7. 9SO A1-8 02400-51 Storm Sewer Intake (Metro RA -5) 1 EA. 70o` - 5r7 0a_ A1-9 02400-52 1 Storm Sewer Intake (Curb and Grate Inlet -Single) '; 1 EA. Z240. - 2200. — A1-10 02500-01 ', 8" Dia PVC Water Main (C-900) 1,010 LF 2 ,Z6 Z (12.6.0 Al -11 02500-01 i 6" Dia PVC Water Main (C-900) 40 LF 7- 2,C 1 1'70. -- A1-12 02500-20 Furnish and Install 8" Dia. Gate Valve and Box 2 EA. 22Gj, - 2y 50. -- Water Services, 1" (Plastic), Including Tracer Wire Al -13 and Removal, Disposal, and Replacement of 13 EA. 02500-40 Existing Curb Stop and Box— Water Services (Directional Drill), 1" (Plastic), Al -14 Including Tracer Wire and Removal, Disposal, and 10 EA. 02500-40 Replacement of Existing Curb Stop and Box Al -15 02500-49 Connect Existing Fire Hydrant and Assembly to the 1 proposed 8" Water Main EA. S00 - 1500, Al -16 02500-50 Furnish and Install Fire Hydrant and Assembly, including a Storz Connection 1 EA. 3$00, - 3506 -. Al -17 02500-60 Disinfection and Hydrostatic Testing 1 LS 100. - 160. - Al -18 02600-35 Repair Exist. Subdrain Services (Contingency Item) - 1 EA. 0. 350. Portland Cement Concrete Driveway, 5 -Inch T ick Al -19 02700-20 over 4 -inch Thick Subbase 320 SY 32.- 0 2yo. Portland Cement Concrete Driveway, 6 -inch Thick Al -20 02700-20 over 4 -inch Thick Subbase (Contingency Bid Item) 75 SY q.25 21e143. *1 Portland Cement Concrete Pavement Repair, Al -21 Remove 7 -inch PCC and Replace 7" PCC over 6" 160 SY 02700-30 Granular Subbase 34.,,. 69400.- 00300-A November 24, 2014 BID STD ITEM ITEM UNIT PRICE BID NO. NO. DESCRIPTION QTY UNIT (Numbers) EXTENSION' Removal of Fire Hydrant (Fire Hydrant has'a Working A2-1 01400-60 3 EA Valve 360.— 900.— Removal of Fire Hydrant (Fire Hydrant Does Not have a A2-2 01400-60 3 EA Working` Valve 300.— Furnish and Install Fire Hydrant and Assembly, including a A2-3 02500-50 3 EA. -' ^• Storz Connection, No FH Valve Z,00. G%�oOD. Furnish and Install Fire Hydrant and Assembly, including a A2-4 02500-51 3 EA. Storz Connection, Including a new: FH Valve 44 00300-Ato 14 IN. _ Al -22 '...02700-70 Portland Cement Concrete Sidewalk, 4 -inch Thick 6.0 SY q, :- Al -23 02900-12 Hydroseeding with Liquid Mulch Binder, Type 1A 0.4 ACRES Seed Mix 6400.- TOTAL ALTERNATE 1 BID COMPUTED TOTAL ALTERNATE 1 BID ITEMS Al -1 THROUGH Al -23 Ont 14wvlr4 JJ�a ?h°usa d -i'hre: 1aLw4rac! Seuer�+�, our a ?moo Dqa 3`1 c1.`?S (Words) (Numbers) BID ALTERNATE 2 02500-60 Disinfection and; Hydrostatic Testing 1 BID STD ITEM ITEM UNIT PRICE BID NO. NO. DESCRIPTION QTY UNIT (Numbers) EXTENSION' Removal of Fire Hydrant (Fire Hydrant has'a Working A2-1 01400-60 3 EA Valve 360.— 900.— Removal of Fire Hydrant (Fire Hydrant Does Not have a A2-2 01400-60 3 EA Working` Valve 300.— Furnish and Install Fire Hydrant and Assembly, including a A2-3 02500-50 3 EA. -' ^• Storz Connection, No FH Valve Z,00. G%�oOD. Furnish and Install Fire Hydrant and Assembly, including a A2-4 02500-51 3 EA. Storz Connection, Including a new: FH Valve 44 '1.200. -' TOTAL ALTERNATE 2 BID COMPUTED TOTAL ALTERNATE 2 BID ITEMS A2-1 THROUGH A2-6 �Werrh�t �r�-a. "T1►ot,�sa-riot �iow^ F�%w�dr�u� 944�°D $ 2 3 =ir-,0.00 ;(Words): (Numbers) BID ALTERNATE 3 BID `STD ' ITEM 'ITEM UNIT PRICE BID NO. ` NO. DESCRIPTION QTY UNIT (Numbers) EXTENSION A3-1 02400-10 Subdran (8" Diameter, Perforated and Wrapped) 240 LF 43z,0 .• ' Hydroseeding with Liquid Mulch Binder, Type 1A A3-2 02900-12 0.2 ACRES ' ' Seed Mix 61500.- 0.-TOTAL TOTALALTERNATE 3 BID COMPUTED TOTAL ALTERNATE 3 BID ITEMS A3-1 THROUGH A3-2 Rve� Thowsar.d Fawr J4w,^Jr4l Twp,� o%p° $ 5u2o.0 00. -' A2-5 02500-60 Disinfection and; Hydrostatic Testing 1 LS (Numbers) A2-6 02900-12 Hydroseeding with Liquid Mulch Binder, Type 1A 0.1 ACRES November 24, 2014 Seed Mix o (Words) (Numbers) D0300 -A November 24, 2014 00300-A TOTAL PROJECT BID (BASE BID AND ALTERNATE BIDS 1, 2, AND 3) ITEMS 1 THROUGH 68; Al-1 THROUGH Al-23; A2-1 THROUGH A2- COMPUTED TOTAL PROJECT BID (BASE BID AND ALTERNATE BIDS 1, 2, AND 3) 6; AND A3-1 THROUGH A3-2 52yo, hwndredd J;N Two "Thousand 5ix 0"ra R!2r 4 Fow- cu+d "--,-,o s i52 444.32 zi (Words) (Numbers) 00300-A November 24, 2014 ATTACHMENT 1 EQUAL EMPLOYMENT OPPORTUNITY/NON-DISCRIMINATION POLICY STATEMENT 1. This is to affirm that RATHJE CONSTRUCTION CO.(hereinafter referred to as the CONTRACTOR) (CONTRACTOR'S NAME) has a policy of Non -Discrimination and providing Equal Opportunity to all employees and applicants for employment in accordance with all applicable Equal Employment Opportunity/Affirmative Action laws, directives and regulations of Federal, State and Local governing bodies or agencies thereof, and specifically Iowa Statutes. 2. The CONTRACTOR, will not discriminate against any employee or applicant for employment because of race, creed, color; sex, religion, national origin, age, marital status, status with regard to public assistance, sexual orientation, handicap, or status as a disabled veteran or a veteran of the Vietnam era, except where age and sex are essential bona fide occupational requirements, or where handicap is a bona fide occupational disqualification. 3. The CONTRACTOR will take Affirmative Action to ensure that all employment practices are free of such discrimination. Such employment practices include, but are not limited to, the following: hiring, upgrading, demotion,transfer, recruitment or recruitment advertising, selection, layoff disciplinary action, termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. The CONTRACTOR, further assures that managers and employees comply with both the spirit and 'intent of federal, state, and local legislation, government regulation, and executive orders in providing affirmative action as well as equal opportunity. 4. The CONTRACTOR will use its best efforts to afford minority and female business enterprises with the maximum practicable opportunity to participate in the performance of subcontracts for construction projects that this employer engages in. 5. The CONTRACTOR will commit the necessary time and resources, both' financial and human to achieve the goals of Equal Employment Opportunity and Affirmative Action. 6. The CONTRACTOR fully supports incorporation of nondiscrimination and Affirmative action rules and regulations into contracts. 7. The CONTRACTOR, or his collective bargaining representative, will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Contract or understanding, a notice advising the said labor union or workers' representatives of the CONTRACTORS' commitments under this selection. 8. The CONTRACTOR will evaluate the performances of its management and supervisory personnel on the basis of their involvement in achieving the Affirmative Action objectives as well as other established criteria. Any employee of this organization, or subcontractor to this employer, or to who does not comply with the Equal Employment Opportunity policies and procedures as set forth in this Statement and Plan will be subject to disciplinary action. Any subcontractor not complying with applicable Equal Employment Opportunity/Affirmative Action laws, directives and regulations of the Federal, State, and Local governing bodies or agencies thereof, specifically Iowa statutes, will be subject to appropriate legal sanctions. 00410-1 Attachment I -`1 April 30, 2014 9. The CONTRACTORhas appointed the following individual to manage the Equal Employment Opportunity activities and reporting the effectiveness of this Affirmative Action program, as required by Federal, State, and Local agencies. An official for the CONTRACTOR will receive and review reports of the progress of the program. If any employee or applicant for employment believes he/she has been discriminated against, please contact the following: RATHJE CONSTRUCTION CO. Company Name JAN COONROD Contact' Individual P.O. BOX 408 Address NARION, Its 52302 City, State, Zip Code 319-377-3179 Phone Number 10. The CONTRACTOR, will include, or incorporate by reference, the provisions of this Equal Employment Opportunity/Nondiscrimination policy in every Contract, subcontract or purchase order unless exempt by the rules, regulations or orders of the OWNER's Affirmative Action Program and will provide in every subcontract, or purchase order that said provision will be binding upon each Subcontractor and Supplier of Goods. 8/20/2015 Signat re of appropriate official Date E.E.O. Title RATHJE CONSTRUCTION CO'. Representing 00410-2 Attachment I - 2 April 30, 2014 ATTACHMENT II NON -COLLUSION AFFIDAVIT CITY OF CEDAR RAPIDS, IOWA Each CONTRACTOR submitting a Bid on this Project shall complete the Non -Collusion Affidavit and submit it with the proposal. STATE OF IOWA COUNTY OF LIINN 1, ROBERT L. RATHJE representing RATHJE CONSTRUCTION CO. upon oath depose and state that neither (Uwe) nor anyone in'(my/our) employment has employed any person to solicit or procure this Contract nor will (1/we)'nor they make any payment or agreement for payment of any compensation in connection with the procurement of this Contract. further depose and state that there is no Contract, Agreement or arrangement, either oral or written; express or implied, contemplating; any division of compensation for services rendered under this Contract, or participation therein, directly or indirectly, by any other person, firm or corporation, except if shown by the Contract another CONTRACTOR jointly serving with (me/us) in the same capacity. 1 further depose and state that neither (1/we) nor anyone in (my/our) employment has either directly or indirectly entered into any Agreement, participated in any collusion or otherwise taken any action in restraint of free competitive bidding in connection with this Contract. Subscribed and sworn beforeme this 20th day of AUGUST _,2015 .*w w l �• 51 00410-1 Attachment 11 —1 April 30, 2014