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The original item was published from 5/4/2017 3:54:00 PM to 5/4/2017 3:55:17 PM.

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Posted on: April 20, 2017

[ARCHIVED] REVISED Notice to Bidders - 2017 Flood Wall Mitigation - Phase V

SECTION 001113




Sealed proposals will be received by the City Clerk of the City of Burlington, Iowa, in the office of the City Clerk at the City Hall, 400 Washington Street, Burlington, Iowa, until 2:00 P.M. on the 23rd day of May, 2017 for the construction of the Flood Mitigation Phase V, Contract 1, as described in the plans and specifications therefor, now on file in the office of the City Clerk.  Proposals will be opened and the amount of the bids announced in said Council Chambers by the City Clerk at the time and date specified above.

Also, at 6:30 P.M. on the 5th day of June, 2017 the City Council of said City will, in the Council Chambers, or at such time, date and place as then may be fixed, act upon proposals to designate the apparent low bidder.  The City Council will defer entering into a contract for the construction of said improvements until concurrence is received by other governmental agencies.

The location of the work to be done and the kinds and sizes of materials proposed to be used are as follows:


      Construct Flood Mitigation Phase V Contract 1 including all labor, materials and equipment necessary for approximately 66,600 cubic feet of concrete foundation, 18,800 linear feet of H piles, 8,780 square feet of sheet pile, 10,200 square feet of concrete wall, 7,220 square feet of demountable floodwall system, Port Building enclosure demolition and rehabilitation, storm sewer improvements, lighting and electrical improvements, site restoration (asphalt, concrete, curb and gutter, unit paving), sod, trees, guardrails, general demolition, sitework and miscellaneous associated work, including cleanup.

All work and materials are to be in accordance with the proposed plans, specifications, form of contract and estimate of cost now on file in the office of the City Clerk of said City, and by this reference made a part thereof as though fully set out and incorporated herein.

All proposals and bids in connection therewith shall be submitted to the City Clerk of said City on or before the time herein set for said receipt of bids.  All proposals shall be made on official bidding blanks furnished by the City, and any alterations in the official form of proposal will entitle the Council, at its option, to reject the proposal involved from consideration.  Each proposal shall be sealed and plainly identified.

Each proposal shall be made out on a blank form furnished by the municipality and must be accompanied by bid security, as follows: a certified or cashier's check, drawn on a solvent Iowa bank or a bank chartered under the laws of the United States or a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, in an amount equal to ten percent (10%) of the bid, or a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa in a penal sum of ten percent (10%) of the bid.

The bid security should be made payable to the CITY OF BURLINGTON, IOWA.  The bid security must not contain any conditions either in the body or as an endorsement thereon.  The bid security shall be forfeited to the City as liquidated damages in the event the successful bidder fails or refuses to enter into a contract within 10 days after the award of contract and post bond satisfactory to the City insuring the faithful fulfillment of the contract and the maintenance of said work, if required, pursuant to the provisions of this notice and the other contract documents.  Bidders will use the bid bond form included in the specifications.

The award of the contract will be made to the lowest responsible bidder submitting the lowest responsive bid, which shall be determined without regard to state or local law whereby preference is given on factors other than the amount of the bid.  The City may select the lowest responsible bidder after determining if alternate bid item is included.

The City reserves the right to reject any and all bids, to waive informalities and technicalities and to enter into such contract as it shall deem for the best interest of the City.

The City reserves the right to defer acceptance of any proposal for a period not to exceed sixty (60) calendar days from the date of hearing.

On the basis of the bids received, the City Council may propose award for the contract.  Final award will not be made until the proposed award is approved by the Department of Natural Resources of the State of Iowa.  It is anticipated that such approval will be made within thirty (30) days after application for approval of the proposed award.  No claims for compensable delay shall arise as the result of delay in the approval of award.

The successful bidder will be required to furnish bonds in an amount equal to one hundred percent (100%) of the contract price, said bonds to be issued by responsible surety approved by the City Council and listed in the U.S. Treasury Department's most current list (Circular 570, as amended) and authorized to transact business in the State of Iowa and shall guarantee (1) the faithful performance of the contract and the terms and conditions therein contained, (2) the prompt payment to all persons, firms, subcontractors and corporations furnishing materials for or performing labor in the prosecution of the work, and (3) the maintenance of improvements in good repair for not less than four (4) years from the time of acceptance of the improvements by the City.

The work under the contract shall commence within ten (10) days after date set forth in written Notice to Proceed.  It is anticipated that the Notice To Proceed will be issued June 26, 2017.  All remaining work shall be completed by May 1, 2018.

Liquidated damages in the amount of One Thousand Dollars ($1,000.00) per calendar day will be assessed for each calendar day that all remaining work on the project shall remain uncompleted after the end of the contract period, with due allowance for extensions of the contract period due to conditions beyond the control of the Contractor.

Payment of the cost of said project will be made from any one or a combination of the following sources at the sole discretion of the City Council: (1) cash to be derived from the proceeds of the issuance and sale of Sewer Revenue Bonds, which will be payable solely and only out of the future net revenues of the Municipal Sewage Utility, and/or from such other cash funds on hand of said Utility as may be lawfully used for said purpose; (2) cash derived from the proceeds of the issuance and sale of General Obligation Bonds of said City; (3) cash from such general funds of said City as may be legally used for such purpose.

At least ten (10) days before each progress payment falls due (but not more often than once a month), the Contractor will submit to the Engineer a partial payment estimate filled out and signed by the Contractor covering the work performed during the period covered by the partial payment estimate and supported by such data as the Engineer may reasonably require.  If payment is requested on the basis of materials and equipment not incorporated in the work but delivered and suitably stored at or near the site, the partial payment estimate shall also be accompanied by such supporting data, satisfactory to the Owner, as will establish the Owner's title to the material and equipment and protect his interest therein, including applicable insurance.  The Engineer will, within fifteen (15) days after receipt of each partial payment estimate, either indicate in writing his approval of payment and present the partial payment estimate to the Owner, or return the partial payment estimate to the Contractor indicating in writing his reasons for refusing to approve payment.  In the latter case, the Contractor may make the necessary corrections and resubmit the partial payment estimate.  The Owner will, within thirty (30) days of presentation to him of an approved partial payment estimate, pay the Contractor a progress payment on the basis of the approved partial payment estimate.  The Owner shall retain five (5) percent of the amount of each payment until final completion and acceptance of all work covered by the contract documents.

A sales tax exemption certificate will be available for all materials purchased for incorporation in the project.

The request for payment may also include an allowance for the cost of such major materials and equipment which are suitably stored either at or near the site.

Prior to substantial completion, the Owner, with the approval of the Engineer and with the concurrence of the Contractor, may use any completed or substantially completed portions of the work.  Such use shall not constitute an acceptance of such portions of the work.

The Owner shall have the right to enter the premises for the purpose of doing work not covered by the contract documents.  This provision shall not be construed as relieving the Contractor of the sole responsibility for the care and protection of the work, or the restoration of any damaged work except such as may be caused by agents or employees of the Owner.

Upon completion and acceptance of the work, the Engineer shall issue a certificate that the work has been accepted by him under the conditions of the contract documents.  Final payment will be made not less than thirty-one (31) days after completion of the work and acceptance by the City subject to the conditions and in accordance with the provisions of Chapter 573 of the Code of Iowa.

The Contractor will indemnify and save the Owner or the Owner's agents harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen, mechanics, materialmen, and furnishers of machinery and parts thereof, equipment, tools, and all supplies, incurred in the furtherance of the performance of the work.  The Contractor shall furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged, or waived.  If the Contractor fails to do so the Owner may, after having notified the Contractor, either pay unpaid bills or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the Contractor shall be resumed, in accordance with the terms of the contract documents, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to either the Contractor, his Surety, or any third party.  In paying any unpaid bills of the Contractor, any payment so made by the Owner shall be considered as a payment made under the contract documents by the Owner to the Contractor and the Owner shall not be liable to the Contractor for any such payments made in good faith.

Plans and specifications governing the construction of the proposed improvements, and also the prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice and the proposed contract by reference and the proposed contract shall be executed in compliance therewith.

Contract Documents:  Drawings and specifications governing the construction of the proposed improvements have been prepared by Veenstra & Kimm, Inc., 3000 Westown Parkway, West Des Moines, Iowa 50266.  The Contract Documents may be examined at the office of the City Clerk and may be obtained from the City's website at the following address:


A non-mandatory prebid meeting will be held on the 2nd day of May, 2017, at 10:30 a.m. at the City Hall Council Chambers, 400 Washington Street, Burlington, Iowa 52601.

This notice is given by order of the Council of the City of Burlington, Iowa.

                                                                                         Shane McCampbell, Mayor


Jim Ferneau, City Manager


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