HomeMy WebLinkAbout2025-03-03 I01F_09 Alice's Rd Improvements Phase 1A_Approve Contract, BondAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: March 3, 2025
AGENDA ITEM:Consideration of approval of a resolution approving contract and bond
[Alice’s Road Improvements Phase 1A Project]
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON:
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: Waukee is responsible for
50% of the total project construction costs which are currently estimated to be $2,295,380.90.
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: Staff recommends concurring with the City of Clive’s
awarding of the project to Concrete Technologies, Inc. of Grimes, Iowa for $4,294,120.31.
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Resolution
II. Contract, Bond
PREPARED BY:Becky Schuett
REVIEWED BY:
I1F9
1
RESOLUTION 2025-
RESOLUTION APPROVING CONSTRUCTION CONTRACT
AND BOND FOR THE ALICE'S ROAD IMPROVEMENTS
PHASE 1A
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WAUKEE, STATE
OF IOWA:
That the construction contract and bond executed and insurance coverage for the
construction of certain public improvements described in general as the Alice's Road
Improvements Phase 1A, and as described in detail in the plans and specifications heretofore
approved, and which have been signed by the Mayor and Clerk of the City of Clive, with the
consent of the City of Waukee, be and the same are hereby approved as follows:
Contractor:Concrete Technologies, Inc.,of Grimes, IA
Amount of bid:$4,294,120.31
Bond surety:Merchants Bonding Company (Mutual)
Date of bond:February 13, 2025
Portion of project:All construction work
PASSED AND APPROVED this 3rd day of March, 2025.
Mayor
ATTEST:
City Clerk
CONTRACT NO. 123.1396.01
DATE
CONTRACT
THIS CONTRACT,made and entered into this day of Februar} _,2025,by and
between the City of Clive, Iowa by its Mayor,upon order of its City Council hereinafter called the
Jurisdiction",and, Concrete Technologies,Inc.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 Clerk.This contract includes all contract documents. The work under this contract shall
be constructed in accordance with the latest edition of the Urban Standard Specifications for Public
Improvements, as further modified by the supplemental specifications and special provisions
included in said contract documents and the Contract Attachment 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.
This contract is awarded and executed for completion of the work specified in the contract documents
for the bid prices shown on the Contract Attachment: Bid Items, Quantities and Prices which were
proposed by the Contractor in its proposal submitted in accordance with the Notice to Bidders and
Notice of Public Hearing for the following described improvements:
ALICE'S ROAD IMPROVEMENTS PHASE 1A
This project includes all materials, equipment, transportation and labor necessary to reconstruct
Alice's Road from a two-lane rural section to a four-lane boulevard section including PCC pavement,
PCC trail and pedestrian ramps. Project items include subgrade preparation and treatment, PCC
roadway paving, trail and ramp paving, pavement markings, storm sewer installation, water main
installation, Joint Utility Trench (JUT) installation, traffic control, erosion control, and surface
restoration. Specific project location along with the kind and approximate quantity of materials to be
used shall be as set forth in the Plans and Specifications.
The Contractor agrees to perform said work for and in consideration of the Jurisdiction's payment of
the bid amount of FOUR MILLION TWO HUNDRED NINETY FOUR THOUSAND ONE
HUNDRED TWENTY AND 31/100 dollars ($4,294,120.31) which amount shall constitute the
required amount of the performance,maintenance,and payment bond.
The Contractor hereby agrees to commence work on or before the date specified in a written Notice
to Proceed.The anticipated date for written Notice to Proceed is March 17,2025.
Work on the project shall be substantially complete per the following schedule:
1. All trees designated as bat habitat trees or located within a bat habitat corridor shall be felled
prior to March 31,2025.Clearing and grubbing of said trees may take place after March 31,
2025.
V1Projects\2023\123,1396.01\Construction\CONTRCT_2025-02-07 ConcreteTechralogies.docx
C-1 CONTRACT
2. All work from the south project limit through the NE Boston Parkway intersection,including
the roundabout shall be complete by September 20, 2025 with restoration being completed
prior to September 30, 2025.
3. All remaining utility and paving work shall be completed by October 31,2025 and the project
open to vehicular and pedestrian traffic.
Liquidated damages for noncompliance with said completion provisions will be assessed after the
October 31, 2025 date at the rate of One Thousand Dollars ($1,000.00) for each calendar day
thereafter that the work remains incomplete.
V\Projects\2023\123.1396.01\Construction\CONTRCT_2025-02-07 ConcreteTechnologies.docx
C-2 CONTRACT
CON'T—CONTRACT) Project No. 123.1396.01
IN WITNESS WHEREOF,the Parties hereto have executed this instrument,in triplicate on the date
first shown written.
JURISDICTION CONTRACTOR
logo
By Concrete Technologies,Inc.
J dwards, Mayor Contractor
Seal) By r
rer w,
AT;
Matthew
ST: Sign e
4
D. raham,City Clerk Title
1001 SE 37"Street
Street Address
Grimes,Iowa 50111
City,State,Zip Code
515-252-1650
Telephone
CONTRACTOR PUBLIC REGISTRATION INFORMATION To Be Provided By:
1.All Contractors:The Contractor shall enter its Public Registration Number C 0 9 6 3— 6 0
issued by the Iowa Commissioner of Labor pursuant to Section 91 C.5 of the Iowa Code.
2. Out-of-State Contractors:
A. Pursuant to Section 91C.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.The contractor should contact
515-242-5871 for further information. Prior to contract execution, the City Engineer may
forward a copy of this contract to the Iowa Department of Workforce Development as
notification of pending construction work.It is the contractor's responsibility to comply with
said Section 91C.7 before commencing this work.
B. Prior to entering into contract,the designated low bidder,if it be a corporation organized under
the laws of a state other than Iowa,shall file a certificate with the Jurisdictional Engineer from
the Secretary of State of the State of Iowa showing that it has complied with all the provisions
of Chapter 490 of the Code of Iowa, or as amended, governing foreign corporations. For
further information,contact the Iowa Secretary of State Office at 515-281-5204.
Bond No.
Name of Surety
V*%Projects120231123.1396.01\Construction\COWRCT_2025-02-07 ConcreteTechnologies.docx
C-3 CONTRACT
CON'T—CONTRACT) Project No. 123.1396.01
CORPORATE ACKNOWLEDGMENT
State of Iowa
7p` SS
County)
On this day of Tc, 20 aS , before me, the undersigned, a Notary Public in and
for the State of Iowa personally appeared a(, Spy-6"-C_ — and
to me known, who, being by me duly sworn, did say that they are the
aK and respectively,of the corporation executing the
foregoing instru ent;that(no seal has been procured by) (the seal affixed thereto is the seal of)the
corporation;that said instrument was signed(and sealed)on behalf of the corporation by authority of
this Board of Directors;that prpuS{ and
acknowledged the execution of the instrument to be the voluntary act
and deed of the corporation,by it and by them voluntarily executed.
145W4"'to'k'_43 4
Notary Public in and for the State
ofMycommissionexpires "3 a 1 20 0K'
NOTE: All signatures on this contract must be original signatures in ink; copies or
facsimile of any signatures will not be accepted.
V:\Projects\2023\123.1396.01\Construction\CONTRCT_2025-02-07 ConcreteTechnologies.docx
C 4 CONTRACT
CON'T—CONTRACT ATTACHMENT) Project No. 123.1396.01
CONTRACT ATTACHMENT: BID ITEMS,QUANTITIES AND PRICES
THIS CONTRACT 1S AWARDED AND EXECUTED FOR COMPLETION OF THE WORK
SPECIFIED IN THE CONTRACT DOCUMENTS FOR THE BID PRICES TABULATED
BELOW AS PROPOSED BY THE CONTRACTOR IN ITS PROPOSAL SUBMITTED IN
ACCORDANCE WITH NOTICE TO BIDDERS AND NOTICE OF PUBLIC HEARING. ALL
QUANTITIES ARE SUBJECT TO REVISION BY THE JURISDICTION. QUANTITY
CHANGES WHICH AMOUNT TO TWENTY(20)PERCENT OR LESS OF THE AMOUNT BID
SHALL NOT AFFECT THE UNIT BID PRICE.
Item
Item Code Item Unit Quantity Unit Price AmountNo.
1 2010-C CLEARING AND GRUBBING LS 1 24,745.00 24,745.00
2 2010-D-1 TOPSOIL,ON-SITE CY 8,286 8.05 66,702.30
3 SOIL QUALITY RESTORATION SY 8,725 6.55 57,148.75
4 2010-E EXCAVATION,CLASS 10 CY 33,964 6.05 205,482.20
5 2010-F
BELOW GRADE EXCAVATION(CORE
CY 730 2.50 1,825.00OUT
6 2010-G SUBGRADE PREPARATION SY 18,883 1.50 28,324.50
7 2010-1
SUBGRADE TREATMENT,CEMENT
SY 18,159 8.35 151,627.65STABILIZATION
8 2010-J SUBBASE,MODIFIED,6"SY 18,159 11,50 208,828.50
9 2010-K-1 REMOVAL OF STRUCTURE EA 1 1,232.00 1,232.00
10 2010-K-2-c
REMOVAL OF KNOWN PIPE CULVERT,
LF 220 10.10 2,222.00CMP,LESS THAN ORE UAL TO 36"
11 2010-K-2-c
REMOVAL OF KNOWN PIPE CULVERT,
LF 193 10.10 1,949.30RCP,LESS THAN ORE UAL TO 36"
12 2010-K-2-c
REMOVAL OF KNOWN PIPE CULVERT,
LF 202 30.30 6,120.60CMP,GREATER THAN 36"
13 2010-M COMPACTION TESTING LS 1 5,050.00 5,050.00
14 3010-F TRENCH COMPACTION TESTING LS 1 8,080.00 8,080.00
15 4020-A-1
STORM SEWER,TRENCHED,
LF 23 116.05 2,669.15UNCLASSIFIED, 15"
16 4020-A-1 STORM SEWER,TRENCHED,RCP, 15"LF 1,043 72.50 75,617.50
17 4020-A-1 STORM SEWER,TRENCHED,RCP, 18"LF 128 74.75 9,568.00
18 4020-A-1 STORM SEWER,TRENCHED,RCP,24"LF 693 87.85 60,880.05
19 4020-A-1 STORM SEWER,TRENCHED,RCP,30"LF 778 113.10 87,991.80
20 4020-A-1
STORM SEWER,TRENCHED,RCAP,
LF 182 171.70 31,249.4022.5"X36.25" 30"EQUIVALENT)
V\Projects\2023\123.1396.01\Construction\CONTRCT 2025-02-07_ConcreteTechnologies.docx
C-6 CONTRACT
Item
Item Code Item Unit Quantity Unit Price Amount
No.
21 4020-A-1 STORM SEWER,TRENCHED,RCP,60"LF 78 277.75 21,664.50
22 4020-A-1 STORM SEWER,TRENCHED,RCP,66"LF 285 313.10 89,233.50
23 4020-D
REMOVAL OF STORM SEWER,RCP,
LF 307 12.10 3,714.70
LESS THAN ORE UAL TO 24"
24 4030-B PIPE APRON,UNCLASSIFIED, 15" EA 1 577.50 577.50
25 4030-B PIPE APRON,RCP, 18" EA 1 1,090.00 1,090.00
26 4030-B PIPE APRON,RCP,24" EA 3 1,280.00 3,840.00
27 4030-B PIPE ARPON,RCP,60" EA 1 3,915.00 3,915.00
28 4030-B PIPE APRON,RCP,66" EA 2 7,470.00 14,940.00
29 4030-C
FOOTING FOR CONCRETE PIPE APRON,
EA 1 424.00 424.00
RCP, 18"
30 4030-C
FOOTING FOR CONCRETE PIPE APRON,
EA 3 555.00 1,655.00
RCP,24"
31 4030-C
FOOTING FOR CONCRETE PIPE APRON,
EA 1 1,150.00 1,150.00
RCP,60"
32 4030-C
FOOTING FOR CONCRETE PIPE APRON,
EA 2 1,210.00 2,420.00
RCP,66"
33 4030-D PIPE APRON GUARD,RCP, 18" EA 1 262.50 262.50
34 4030-D PIPE APRON GUARD,RCP,24" EA 1 373.50 373.50
35 4030-D PIPE APRON GUARD,RCP,66" EA 1 6,970.00 6,970.00
36 4040-A SUBDRAIN,TYPE 1,6" LF 4,232 14.10 59,671.20
37 4040-C-1 SUBDRAIN CLEANOUT,TYPE A-1,6" EA 4 668.60 2,674.40
38 4040-D-1
SUBDRAIN OUTLETS AND
EA 37 327.00 12,099.00
CONNECTIONS,CMP,6"
39 5010-A-1 WATER MAIN,TRENCHED,PVC, 12" LF 2,497 62.60 156,312.20
40 5010-C-2 FITTING LB 2,006 9.55 19,157.30
41 5010-D WATER SERVICE STUB,COPPER, I" EA 3 1,515.00 4,545.00
42 5010-D WATER SERVICE STUB,PVC,2" EA 1 2,395.00 2,395.00
43 5020-A VALVE,GATE, 12"EA 9 4,040.00 36,360.00
44 5020-C FIRE HYDRANT ASSEMBLY EA 5 6,365.00 31,825.00
45 5020-D
ALTERNATE FIRE HYDRANT
EA 5 6,565.00 32,825.00
ASSEMBLY
46 5020-G VALVE BOX ADJUSTMENT EA 7 247.00 1,729.00
47 5020-I FIRE HYDRANT ADJUSTMENT EA 5 2,220.00 1 1,100.00
V:Trojects\2023\123.1396.01\Cor struction=NTRCT_2025-02-07_ConcreteTechnologies.docx
C-6 CONTRACT
Item
Item Code Item Unit Quantity Unit Price Amount
No.
48 FIRE HYDRANT RELOCATION EA 2 1,185.00 2,370.00
49 5020-J FIRE HYDRANT ASSEMBLY REMOVAL EA 5 267.50 1,337.50
50 5020-K VALVE REMOVAL EA 1 267.50 267.50
51 5020-L VALVE BOX REMOVAL EA 6 151.50 909.00
52 6010-A MANHOLE,TYPE SW-401,48" EA 3 5,960.00 17,880.00
53 6010-A MANHOLE,TYPE SW-404(4'X9') EA 1 46,046.00 46,460.00
54 6010-A MANHOLE,TYPE SW-404(6'X10') EA 1 51,500.00 51,500.00
55 6010-A HYDRODYNAMIC SEPARATOR EA 2 53,530.00 107,060.00
56 6010-B INTAKE,TYPE SW-501 EA 1 7,070.00 7,070.00
57 6010-13 INTAKE,TYPE SW-505 EA 10 7,070.00 70,700.00
58 6010-13 INTAKE,TYPE SW-506 EA 14 10,500.00 147,000.00
59 6010-13 INTAKE,TYPE SW-512,24"DIA. EA 1 4,545.00 4,545.00
60 6010-B INTAKE,TYPE SW-513 (4'X4') EA 1 7,775.00 7,775.00
61 6010-H-I REMOVE MANHOLE EA 2 303.00 606.00
62 6010-H-2 REMOVE INTAKE EA 4 303.00 11,212.00
63 7010-A PAVEMENT,PCC,9" SY 15,487 66.85 1,035,305.95
64 TEMPORARY PAVEMENT SY 601 55.75 33,505.75
65 7010-G CONCRETE MEDIAN SY 657 82.50 54,202.50
66 7010-G CONCRETE MEDIAN,DOWELED SY 680 75.75 51,510.00
67 7010-G CONCRETE MEDIAN,MAINTENANCE
SY 617 72.50 44,732.50
URB
68 7010-1
PCC PAVEMENT SAMPLES AND
LS 1 14,500.00 14,500.00
TESTING
69 7030-A-1
REMOVAL OF SIDEWALK AND
SY 195 10.10 1,969.50
SHARED USE PATH
70 7030-A-3 REMOVAL OF DRIVEWAY SY 887 10.10 8,958.70
71 7030-C SHARED USE PATH,PCC,6" SY 2,472 47.45 117,296.40
72 7030-D
SPECIAL SUBGRADE PREPARATION
SY 2,954 3.05 9,009.70
FOR SHARED USE PATH
73 7030-E SIDEWALK,PCC,5" SY 16 76.75 1,228.00
74 7030-G DETECTABLE WARNINGS SF 340 51.50 17,510.00
V:\Projects\2023\123.1396.01\Construction\CONTRCT_2025-02-07_ConcreteTechnologies.docx
C-7 CONTRACT
Item
Item Code Item Unit Quantity Unit Price AmountNo.
75 7030-H-1 DRIVEWAY, PAVED,PCC,6" SY 1,082 53.50 57,887.00
76 7030-H-2 DRIVEWAY, GRANULAR,6" SY 403 12.10 4,876.30
77 7030-H-3 TEMPORARY GRANULAR SURFACING TON 950 45.45 43,177.50
78 7030-1-2
SHARED USE PATH ASSURANCE
LS 1 1,825.00TESTING 1,825.00
79 7040-H PAVEMENT REMOVAL SY 8,255 10.10 83,375.50
80 8020-B
PAINTED PAVEMENT MARKINGS,
STA 16.3 63.60 1,036.68SOLVENT/WATERBORNE
81 8020-C
PAINTED PAVEMENT MARKINGS,
STA 37.7 234.75 8,850.08DURABLE
82 8020-G
PAINTED SYMBOLS AND LEGENDS,
EA 3 101.00 303.00SOLVENT/WATERBORNE
83 8020-G
PAINTED SYMBOLS AND LEGENDS,
EA 14 267.50 3,745.00DURABLE
84 8020-K PAVEMENT MARKINGS REMOVED STA 11.6 101.00 1,171.60
85 8020-L SYMBOLS AND LEGENDS REMOVED EA 3 101.00 303.00
86 8020-M
GROOVES CUT FOR PAVEMENT
STA 34.4 186.75 6,424.20MARKINGS
87 8020-N
GROOVES CUT FOR SYMBOLS AND
EA 14 212.00 2,968.00LEGENDS
88 8030-A TEMPORARY TRAFFIC CONTROL LS 1 19,500.00 19,500.00
89 PORTABLE DYNAMIC MESSAGE SIGN CDAY 56 70.70 3,959.20
90 8040-A TRAFFIC SIGNS EA 51 252.50 12,877.50
91 PERMANENT ROAD CLOSURE, URBAN,
SI-182 EA 1 1,515.00 1,515.00
92 8040-D
PERFORATED SQUARE STEEL TUBE
LF 400 15.15 6,060.00POSTS
PERFORATED SQUARE STEEL TUBE
93 8040-G ANCHORS, SINGLE BREAKAWAY EA 32 101.00 3,232.00
ANCHOR
94 8040-1
REMOVE AND REINSTALL TRAFFIC
EA 2 202.00 404.00SIGNS
95 8040-J
REMOVE AND SALVAGE TRAFFIC SIGN
EA 10 252.50 2,525.00ASSEMBLY
96 9010-13
HYDRAULIC SEEDING, SEEDING,
AC 3.3 3,940.00 13,002.00FERTILIZING,AND MULCHING,TYPE 1
HYDRAULIC SEEDING,SEEDING,
97 9010-13 FERTILIZING,AND MULCHING,BEE AC 6.5 4,240.00 27,560.00
MIX
98 9010-B
HYDRAULIC SEEDING,SEEDING,
AC 4.7 2,020.00 9,494.00FERTILIZING,AND MULCHING,TYPE 4
99 9040-A-1 SWPPP PREPARATION LS 1 1,615.00 1,615.00
100 9040-A-2 SWPPP MANAGEMENT LS 1 4,545.00 4,545.00
V\Projects\2023\123.1396.01\Construction\CONTRCT_2025-02-07_ConcreteTechnologies.docx
C-8 CONTRACT
Item
Item Code Item Unit Quantity Unit Price AmountNo.
101 9040-D-1 FILTER SOCK,9" LF 9,500 1.50 14,250.00
102 9040-D-2 FILTER SOCK REMOVAL LF 9,500 0.20 1,900.00
103 9040-E TEMPORARY RECP,TYPE 1 SY 1,953 1.20 2,343.60
104 9040-E TEMPORARY RECP,TYPE 3 SY 6,567 1.50 9.850.50
105 9040-J RIP RAP,CLASS E TON 1,473 80.80 1 19,018.40
106 9040-N-1 SILT FENCE LF 4,271 1.50 6,406.50
107 9040-N-3 SILT FENCE, REMOVAL OF DEVICE LF 4,271 0.05 213.55
108 9040-0-1
STABILIZED CONSTRUCTION
SY 67 40.40 2,706.80ENTRANCE
109 9040-Q-2
EROSION CONTROL MULCHING,
AC 8.8 1,825.00 16,060.00I-YDROMULCHING
110 9040-T-1 INLET PROTECTION DEVICE,DROP IN EA 49 126.25 6,186.25
111 9040-T-2
INLET PROTECTION DEVICE,
MAINTENANCE EA 49 25.25 1,237.25
112 9060-B GATES,FIELD FENCE, 16' EA 2 808.00 1,616.00
113 FIELD FENCE LF 43 32.30 1,388.90
114 BIORETENTION LS 1 95,850.00 95,850.00
115 JOINT UTILITY TRENCH, TRENCHED LF 1,140 40.40 46,056.00
116 JOINT UTILITY TRENCH,TRENCHLESS LF 960 43.45 41,712.00
117 HANDHOLES, TYPE IV EA 33 1,240.00 40,920.00
118 11,010-A CONSTRUCTION SURVEY LS 1 26,775.00 26,775.00
119 11,020-A MOBILIZATION LS 1 102,300.00 102,300.00
120 11030-A MAINTENANCE OF POSTAL SERVICE LS 1 3,795.00 3,795.00
121
11,
11030-B
MAINTENANCE OF SOLID WASTE
COLLECTION
050-A CONCRETE WASHOUT LS 1
LS 1 4,860.00 4,860.00
122F 9,775.00 9,775.00
CONTRACT TOTAL:4,294,120.31
NOTE:
IT IS UNDERSTOOD THAT THE ABOVE QUANTITIES ARE ESTIMATED FOR THE
PURPOSE OF THIS CONTRACT.ALL QUANTITIES ARE SUBJECT TO REVISION BY
THE CITY. QUANTITY CHANGES WHICH AMOUNT TO TWENTY(20)PERCENT OR
LESS OF THE TOTAL BID SHALL NOT AFFECT THE UNIT PRICE.
V.\Projects\2023\123.1396.01\Construction\CONTRCT 2025-02-07 ConcreteTechnologies.docx
C-9 CONTRACT
SURETY BOND NO. 101395080
PERFORMANCE,PAYMENT AND MAINTENANCE BOND
KNOW ALL BY THESE PRESENTS:
That we, Concrete Technologies, Inc. ,as Principal(hereinafter the"Contractor"or"Principal"
and Merchants Bonding Company(Mutual) as Surety are held and firmly bound unto
City of Clive as Obligee(hereinafter referred to as"the Jurisdiction"),and
to all persons who may be injured by any breach of any of the conditions of this Bond in the penal sum
of FOUR MILLION TWO HUNDRED NINETY FOUR THOUSAND ONE HUNDRED TWENTY
AND 31/100 DOLLARS ($4,294,120.31), lawful money of the United States, for the payment of
which sum,well and truly to be made,we bind ourselves,our heirs, legal representatives and assigns,
jointly or severally,firmly by these presents.
The conditions of the above obligations are such that whereas said Contractor entered into a contract
with the Jurisdiction,bearing date the day of February,2025,(hereinafter the"Contract")
wherein said Contractor undertakes and agrees to construct the following described improvements:
ALICE'S ROAD IMPROVEMENTS PHASE 1A
This project includes all materials,equipment,transportation and labor necessary to reconstruct Alice's
Road from a two-lane rural section to a four-lane boulevard section including PCC pavement,PCC trail
and pedestrian ramps.Project items include subgrade preparation and treatment,PCC roadway paving,
trail and ramp paving, pavement markings, storm sewer installation, water main installation, Joint
Utility Trench (JUT) installation, traffic control, erosion control, and surface restoration. Specific
project location along with the kind and approximate quantity of materials to be used shall be as set
forth in the Plans and Specifications.
and to faithfully perform all the terms and requirements of said Contract within the time therein
specified, in a good and workmanlike manner, and in accordance with the Contract Documents.
Provided,however,that one year after the date of acceptance as complete of the work under the above
referenced Contract,the maintenance portion of this Bond shall continue in force but the penal sum for
maintenance shall be reduced to the sum of FOUR MILLION TWO HUNDRED NINETY FOUR
THOUSAND ONE HUNDRED TWENTY AND 31/100 DOLLARS ($4,294,120.31) which is the
cost associated with those items shown on the proposal and in the Contract which require a maintenance
bond period in excess of one year.
It is expressly understood and agreed by the Contractor and Surety in this bond that the following
provisions are a part of this Bond and are binding upon said Contractor and Surety,to-wit:
I. PERFORMANCE: The Contractor shall well and faithfully observe,perform,fulfill and abide
by each and every covenant, condition and part of said Contract and Contract Documents, by
reference made a part hereof,for the above referenced improvements, and shall indemnify and
save harmless the Jurisdiction from all outlay and expense incurred by the Jurisdiction by reason
of the Contractor's default of failure to perform as required. The Contractor shall also be
responsible for the default or failure to perform as required under the Contract and Contract
Documents by all its subcontractors, suppliers, agents, or employees furnishing materials or
providing labor in the performance of the Contract.
CON'T— PERFORMANCE,PAYMENT
V:\Projects\2023\123.1396.01\Construction\CONTRCT 2025-02-07_ConcreteTechnologies.docx
PM-1 PERFORMANCE,PAYMENT&MAINTENANCE BOND
AND MAINTENANCE BOND) Project No. 123.1396.01
2. PAYMENT:The Contractor and the Surety on this Bond are hereby agreed to pay all just claims
submitted by persons, firms, subcontractors, and corporations furnishing materials for or
performing labor in the performance of the Contract on account of which this Bond is given,
including but not limited to claims for all amounts due for labor, materials, lubricants, oil,
gasoline,repairs on machinery,equipment and tools,consumed or used by the Contractor or any
subcontractor,wherein the same are not satisfied out of the portion of the contract price which
the Jurisdiction is required to retain until completion of the improvement,but the Contractor and
Surety shall not be liable to said persons, firms, or corporations unless the claims of said
claimants against said portion of the contract price shall have been established as provided by
law. The Contractor and Surety hereby bind themselves to the obligations and conditions set
forth in Chapter 573,Code of Iowa,which by this reference is made a part hereof as though fully
set out herein.
3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own
expense:
A. To remedy any and all defects that may develop in or result from work to be
performed under the Contract within the period of four(4)years from the date of
acceptance of the work under the Contract,by reason of defects in workmanship or
materials used in construction of said work;
B. To keep all work in continuous good repair;and
C. To pay the Jurisdiction's reasonable costs of monitoring and inspection to assure
that any defects are remedied, and to repay the Jurisdiction all outlay and expense
incurred as a result of Contractor's and Surety's failure to remedy any defect as
required by this section.
D. Contractor's and Surety's agreement herein made extends to defects in
workmanship or materials not discovered or known to the Jurisdiction at the time
such work was accepted.
4. GENERAL:Every Surety on this Bond shall be deemed and held bound,any contract to the contrary
notwithstanding,to the following provisions:
A. To consent without notice to any extension of time to the Contractor in which to
perform the Contract;
B. To consent without notice to any change in the Contract or Contract Documents,
which thereby increases the total contract price and the penal sum of this bond,
provided that all such changes do not,in the aggregate,involve an increase of more
than twenty percent of the total contract price, and that this bond shall then be
released as to such excess increase;and
C. To consent without notice that this Bond shall remain in full force and effect until
the Contract is completed,whether completed within the specified contract period,
within an extension thereof,or within a period of time after the contract period has
elapsed and the liquidated damage penalty is being charged against the Contractor.
D. That no provision of this Bond or of any other contract shall be valid which limits
to less than five years after the acceptance of the work under the Contract the right
to sue on this Bond.
CON'T— PERFORMANCE,PAYMENT
V:\Projects\2023\123.1396.01\Construction=NTRCT_2025-02-07_ConcreteTechnologies.docx
PM-2 PERFORMANCE.PAYMENT&MAINTENANCE BOND
AND MAINTENANCE BOND)Project No. 123.1396.01
E. That as used herein,the phrase"all outlay and expense"is not to be limited in any
way,but shall include the actual and reasonable costs and expenses incurred by the
Jurisdiction including interest, benefits and overhead where applicable.
Accordingly, "all outlay and expense" would include but not be limited to all
contract or employee expense, all equipment usage or rental, materials, testing,
outside experts, attorneys fees (including overhead expenses of the Jurisdiction's
staff attorneys),and all costs and expenses of litigation as they are incurred by the
Jurisdiction.It is intended the Contractor and Surety will defend and indemnify the
Jurisdiction on all claims made against the Jurisdiction on account of Contractor's
failure to perform as required in the Contract and Contract Documents, that all
agreements and promises set forth in the Contract and Contract Documents, in
approved change orders,and in this Bond will be fulfilled,and that the Jurisdiction
will be fully indemnified so that it will be put into the position it would have been
in had the Contract been performed in the first instance as required.
In the event the Jurisdiction incurs any "outlay and expense" in defending itself with
respect to any claim as to which the Contractor or Surety should have provided the defense,
or in the enforcement of the promises given by the Contractor in the Contract, Contract
Documents,or approved change orders,or in the enforcement of the promises given by the
Contractor and Surety in this Bond, the Contractor and Surety agree that they will make
the Jurisdiction whole for all such outlay and expense,provided that the Surety's obligation
under this bond shall not exceed 125%of the penal sum of this bond.
In the event that any actions or proceedings are initiated with respect to this Bond,the parties agree that
the venue thereof shall be Polk County, State of Iowa. If legal action is required by the
Jurisdiction to enforce the provisions of this Bond or to collect the monetary obligation incurring to the
benefit of the Jurisdiction, the Contractor and the Surety agree, jointly and severally, to pay the
Jurisdiction all outlay and expense incurred therefore by the Jurisdiction. All rights, powers, and
remedies of the Jurisdiction hereunder shall be cumulative and not alternative and shall be in addition
to all rights,powers and remedies given to the Jurisdiction,by law.The Jurisdiction may proceed against
surety for any amount guaranteed hereunder whether action is brought against the Contractor or whether
Contractor is joined in any such action or actions or not.
NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully
perform all the promises of the Principal,as set forth and provided in the Contract,in the Contract
Documents, and in this Bond, then this obligation shall be null and void, otherwise it shall remain in
full force and effect.
When a word,term, or phrase is used in this Bond, it shall be interpreted or construed first as defined
in this Bond,the Contract,or the Contract Documents;second,if not defined in the Bond,Contract,or
Contract Documents,it shall be interpreted or construed as defined in applicable provisions of the Iowa
Code;third,if not defined in the Iowa Code,it shall be interpreted or construed according to its generally
accepted meaning in the construction industry; and fourth, if it has no generally accepted meaning in
the construction industry, it shall be interpreted or construed according to its common or customary
usage.
CON'T— PERFORMANCE,PAYMENT
V:\Projects\2023\123.1396.01\Construction\CONTRCT_2025-02-07_ConcreteTechnologies.docx
PM-3 PERFORMANCE,PAYMENT&MAINTENANCE BOND
AND MAINTENANCE BOND) Project No. 123.1396.01
Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not
limit liability hereunder.The Contract and Contract Documents are hereby made a part of this Bond.
Witness our hands, in triplicate,this day of 2025
Surety Countersigned By: PRINCIPAL:
N/A Concrete Technologies Inc.
Signature of Iowa Resident Commission Agent as Contractor
Prescribed by Chapter 515.52-57,Iowa Code.
Require only if Attomey-in-Fact is not also an
1
Iowa Resident Commission Agent). By:
Signature
tcrl razY
Name of Resident Commission Agent Title
SURETY:
Company Name
Merchants Bonding Company(Mutual)
Company Address Sure ompany O Q.N&.(:O,,,-A'
z —o- v,-,
City,State.Zip Code
By.
S' nature in- act Officer d'
933
pY f ................
K antlers, ttorney-in-Fact/IA Resident Agent •'• .
Company Telephone Number Name of Attorney-in-Fact Officer
Holmes, Murphy and Associates LLC
Company Name
2727 Grand Prairie Parkway
Company Address
Waukee, IA 50263
City,State,Zip Code
515)223-6800
Company Telephone Number
NOTE: All signatures on this performance,payment& maintenance bond must be original
signatures in ink. Copies or facsimile of any signature will not be accepted.This
bond must be sealed with the Surety's raised,embossing seal,and the Certificate or
Power of Attorney accompanying this bond must be valid on its face and sealed
with the Surety's raised,embossing seal.
V:\Projects\2023\123.1396.01\Construction\CONTRCT_2025-02-07_ConcreteTechnologies.docx
PM-4 PERFORMANCE,PAYMENT&MAINTENANCE BOND
MERCHANTS%\
BONDING COMPANY
POWER OF ATTORNEY
Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,
both being corporations of the State of Iowa,d/b/a Merchants National Indemnity Company(in California only)(herein collectively called the
Companies")do hereby make,constitute and appoint,individually,
Alissa Cahalan;Anne Crowner;Ashlea McCaughey;Austin Muehlschlegel;Ben Williams;Brian J Oestreich; Brian M Deimerly;Cameron M Burt;
Colby D White;Craig E Hansen;D Gregory Stitts;Dione R Young;Donald E Appleby;Douglas Muth;Ginger Hoke;Grace Dickinson;Grace
Rasmussen;Graydon Dotson;Greg Krier;Jamie Gifford;Jay D Freiermuth;Jennifer Marino;Jessie Allen;Joe Tiernan;John Cord;Joseph Cardinal;
Joshua R Loftis;Kate Zanders;Keeton Welch;Kristine M Becks;Mark R DeWitt;Mark Sweigart;Mary Ashley Allen;Melinda C Blodgett;Michelle
Morrison;Michelle R Gruis;Nathan Weaver;Nicole Stillings; R C Bowman;Rachel Thomas;Sandra M Engstrum;Sara Huston;Sarah C Brown;
Seth D Rooker;Taylor Fogle;Ted Jorgensen;Tim McCulloh;Todd Bengford
their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of
persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions
or proceedings allowed by law.
This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of
Directors of Merchants Bonding Company(Mutual)on April 23,2011 and amended August 14,2015 and April 27,2024 and adopted by the Board of
Directors of Merchants National Bonding,Inc.,on October 16,2015 and amended on April 27,2024.
The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and
authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto,
bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof."
The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney
or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the
Company,and such signature and seal when so used shall have the same force and effect as though manually fixed."
In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the
Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction
contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department
of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of
its obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given
to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner-
Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation.
In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 1st day of November 2024
MERCHANTS BONDING COMPANY(NILITUAL)
p•P(10.....
O NG CQ •.• MERCHANTS NATIONAL BONDING,!NC,
ELPO/p' O••11P0q'•.`.f d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY
2003 y 1933 ;c; By
d' c •mod•
iJ?d President
STATE OF IOWA 7•..•'
COUNTY OF DALLAS ss.
On this 1st day of November 2024 before me appeared Larry Taylor, to me personally known, who being by me duly sworn
did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the
seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf
of the Companies by authority of their respective Boards of Directors.
kPtittA s Penni Miller
a
z Commission Number 787952
My Commission Expires
ioWA January 20,2027
Notary Public
Expiration of notary's commission does not invalidate this instrument)
I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do
hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still
in full force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this day of 2025 .
pp ' .ems% w•6
0(
1P0 '°y'
Z Z -0-
y -
o d
v 2003 ;L7
t'
1 933
lye
Secretary
POA 0018 (6/24)
1 ® DATE(MM/DD/YYYY)
ACOR" CERTIFICATE OF LIABILITY INSURANCE 1 2/11/2025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
UONTACT
PRODUCER NAME: Alaina Mason
Holmes Murphy&Associates-CR PHONE
201 First Street SE, Suite 700
319-896-7657
FAX
No
Cedar Rapids IA 52401 ADDRESS: alaina.mason@holmesmurphy.com
INSURER(S)AFFORDING COVERAGE NAIC#
INSURER A:Hartford Fire Insurance Company 19682
INSURED CONTECPCI
INSURER B:Travelers Properly Casualty Co.America 25674
Concrete Technologies, Inc.
1001 SE 37th Street
INSURER C:Twin City Fire Insurance Co 29459
Grimes, IA 50111 INSURER D:Gemini Insurance Group 10833
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:2114691786 REVISION NUMBER:
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 ADDL SUBR POLICY EFF POLICY EXP
LIMITS
LTR TYPE OF INSURANCE POLICY NUMBER MM/DDIYYYY YMM/DDYYY
A X COMMERCIAL GENERAL LIABILITY 91UENOE0286 4/1/2024 4/1/2025 EACH OCCURRENCE 2,000,000
DAMAGE TO-RENTED
CLAIMS-MADE lxl OCCUR PREMISES(Ea occurrence) $300,000
MED EXP(Any one person) $10,000
PERSONAL&ADV INJURY $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $4,000,000
POLICY L]ECT LOG PRODUCTS-COMP/OP AGG $4,000,000
OTHER:
A AUTOMOBILE LIABILITY 91UENOE0287 4/1/2024 4/1/2025 COMBINED SINGLE LIMIT $2,000,000
Ea accident
X ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
X HIRED X NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY Per accident
B X UMBRELLALIAB X OCCUR CUP2T276885 4/1/2024 4/1/2025 EACH OCCURRENCE 10,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE 10,000,000
DED I X I RETENTION$in non
C WORKERS COMPENSATION 91WEOEOB19 4/1/2024 4/1/2025 X
AND EMPLOYERS'LIABILITY
STATUTE ER
YIN
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT 1,000,000
OFFICER/MEMBER EXCLUDED? N/A
Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000.000
D Excess 15x10 CEX0960155809 4/1/2024 4/1/2025 Excess 15x10 15,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
The City of Waukee and Snyder&Associates are Additional Insureds on General Liability as required by written contract with the insured,per policy terms and
conditions.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Clive
1900 NW 114th St.
Clive, IA 50325
AUTHORIZED REPRESENTATIVE
111
1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD