QUOTE DOCUMENTS FOR FINDLEY ELEMENTARY CITY STORM SEWER RELOCATION Oxford Street. Des Moines, Iowa QUOTE #7301. Owner

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1 QUOTE DOCUMENTS FOR FINDLEY ELEMENTARY CITY STORM SEWER RELOCATION 3025 Oxford Street Des Moines, Iowa QUOTE #7301 Owner Des Moines Independent Community School District 1917 Dean Avenue Des Moines, Iowa 50316

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3 DOCUMENTS: DES MOINES PUBLIC SCHOOLS FINDLEY CITY STORM SEWER RELOCATION 3025 OXFORD STREET October 19, 2015 SCOPE OF WORK A. Drawings: Sheet C4.2 dated October 16, 2015 (24 X 36 sheet) B. Scope of Work October 19, 2015 C. Specification Section: Private Construction Contract D. Quote Form with Non Collusion and Targeted Small Business Forms E. School District Insurance requirements F. School District Acknowledgement and Certification Form G. School District Bond forms ( Payment and Performance) H. Schedule of events for Findley City Storm Sewer Relocation **You may visit the site at any time to view existing conditions** Note: All work will be performed under a City of Des Moines Private Construction Contract. Additionally the contractor will have a purchase order from the school district. INSTRUCTIONS: 1. Submit quotes on enclosed form. Pricing to be submitted not later than 3:00 PM on Monday October 26, Submit quote form to Des Moines Public Schools at 1917 Dean Avenue, Des Moines, Iowa Fax or ed copies of quote forms and accompanying documents are acceptable. Send quote forms to the attention of Doug Ohde (FAX ) or douglas.ohde@dmschools.org. 2. Execute and include the enclosed Non Collusion Affidavit and TSB forms with the quote. 3. Recognize any addenda on the quote form. 4. Questions shall be directed in writing to Doug Ohde douglas.ohde@dmschools.org 5. The successful firm will be notified on October 27, A purchase order will be provided from the Des Moines Public Schools. 6. Upon receipt of the purchase order the contractor shall provide all submittals.

4 Findley City Storm Sewer Relocation Page 2 7. Quote shall exclude all sales and use taxes. The District will provide exemption certificates. 8. The successful firm is required to sign at the time the purchase order is provided the Acknowledgement and Certification form which is attached. 9. The successful firm shall submit an insurance certificate meeting the insurance requirements of the attached document. 10. Quote security (bid bond) is not required. 11. Two sets of bonds are required: % performance and payment bonds are required on the school district forms at the time of the purchase order from the successful contractor. Include the cost of these bonds in the quote price. 2. City of Des Moines private construction contract bond. Include the cost of this bond in the quote price. The contractor shall pay the city administration / inspection fee directly to the city. 12. Payments will be made once a month based upon percentage of work completed. A 5% retainage will be withheld monthly until acceptance of all work. 13. Contractor shall fully clean up the project site of all debris from their work. 14. The Owner will provide temporary security fence for enclosure of the work area. 15. See the attached schedule for this work. The time line to execute the bonds, insurance, and pay the city fees must conform to the time line indicated in order to make the indicated city council meeting. 16. Contractor shall backfill the sewer line and structures and grade all the areas disturbed. The school district will take care of any surface restoration consisting of seeding / sodding and asphalt track replacement 17. The city storm sewer work will be installed over and adjacent to an existing horizontal geo thermal well field system. The system is indicated by the light north south lines on sheet C In addition to the work shown on the drawings the quote price shall include the following items: a. Contractor shall saw cut, remove and haul off the required asphalt walking track. b. Contractor is responsible to do all survey and elevation work required. c. The contractor is responsible for all traffic control required for the project d. The sewer and structures along the west property line will be parallel to a chain link fence. Protect fence from damage. END OF SCOPE OF WORK

5 DES MOINES INDEPENDENT COMMUNITY SCHOOL DISTRICT QUOTE FORM QUOTES DUE NOT LATER THAN 3:00 PM ON MONDAY OCTOBER 26, 2015 PROPOSAL FOR: Findley City Storm Sewer Relocation 3025 Oxford - Des Moines, Iowa TO: Des Moines Independent Community School District 1917 Dean Avenue Des Moines, IA douglas.ohde@dmschools.org ( ed quotes permissible) FAX: (Faxed quotes permissible) SUBMITTED BY: Name of Bidder Des Moines Independent Community School District: The undersigned has examined the quote documents and hereby proposes and agrees to furnish and provide all products, materials, transportation, and services as required for the expeditious completion of the Work required in conformity with this quote request. The undersigned agrees that the quote, if accepted by the Owner, will be the basis for a purchase order with the Owner. The quote includes the required school district bonds and insurance coverage. The Contactor will provide the executed Acknowledgement and Certification form at the time the purchase order is completed. The undersigned further acknowledges the following Addenda: NO. NO. NO. DATE DATE DATE QUOTE FOR CITY STORM SEWER RELOCATION Q7301 The undersigned proposes to provide the scope of work as specified for the lump sum price of: Dollars ($ ) F.O.B. DESTINATION EXCLUDING ALL TAXES. (Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern). SCHEDULE In compliance with the scope of work. The bidder is ( ) or is not ( ) an Iowa resident bidder as defined in Section 73A.21 of the Iowa code. If not a resident bidder, the bidder states that it is a non-resident bidder from the state of. This state does ( ) or does not ( ) provide for a bidder preference for resident bidders. This state does ( ) or does not ( ) provide a labor preference for resident labor. If the state in which your company is a resident allows for either a bidder preference or a labor preference, please provide the citation to the code section, and the details of each preference allowed in your resident state.

6 DES MOINES INDEPENDENT COMMUNITY SCHOOL DISTRICT QUOTE FORM SUBMITTED BY: Name of Bidder Address: Phone # Fax # address (Authorized Signature) Contractor s License Number Date of Expiration:

7 DES MOINES INDEPENDENT NON-COLLUSION AFFIDAVIT COMMUNITY SCHOOL DISTRICT Page 1 NON-COLLUSION AFFIDAVIT The Contractor and/or the sub-contractors, as applicable, shall provide this affidavit: NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH QUOTE. State of Iowa ) ) ss. County of Polk ) (Name) being first duly sworn, deposes and says that he or she is of, (Title) (Contractor) the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereto to effectuate a collusive or sham bid." The undersigned certifies under penalty of perjury that the foregoing is true and correct; THIS STATEMENT MUST BE NOTARIZED. NAME OF CONTRACTOR: BY: Signature Type/Print Name Title Date STATE OF, COUNTY, ss: day of Subscribed and sworn to before me by the said, 201_. on this Notary Public in and for the State of February 11, 2003

8 DES MOINES INDEPENDENT TSB FORMS COMMUNITY SCHOOL DISTRICT Page 1 TSB FORM If bidder is awarded the contract for this project, the bidder proposes for owner approval the award of a subcontract to the following certified Iowa TSB's: (if more room is needed, supply same information on second sheet and attach to this form) 1. TSB Company Name Description of Work Address $ Dollar Amount 2. TSB Company Name Address Description of Work $ Dollar Amount 3. TSB Company Name Address $ Description of Work Dollar Amount Bidder's Company Name Telephone No. Address City State Zip Signature (Same person who signs proposal) Title Type/Print Name Date THIS STATEMENT MUST BE NOTARIZED. STATE OF, COUNTY, ss: day of Subscribed and sworn to before me by the said, 201_. on this Notary Public in and for the State of Bidders to supply all the following information Bidder is / is not a certified Iowa Targeted Small Business, (TSB).

9 DES MOINES INDEPENDENT TSB FORMS COMMUNITY SCHOOL DISTRICT Page 2 TSB FORM If bidder did not contact any certified Targeted Small Businesses, then state why: The following TSB's were contacted and declined to participate: (If more room is needed, supply same information on second sheet and attach to this form) 1. TSB Company Name Address Contact Name Date Contacted Telephone No. Reason given for declining participation 2. TSB Company Name Address Contact Name Date Contacted Telephone No. Reason given for declining participation 3. TSB Company Name Address Contact Name Date Contacted Telephone No. Reason given for declining participation 4. TSB Company Name Address Contact Name Date Contacted Telephone No. Reason given for declining participation

10 SCHEDULE OF EVENTS FOR FINDLEY CITY STORM SEWER RELOCATION Quote Q7301: RELEASE TO QUOTE OCTOBER 19, 2015 QUOTES DUE OCTOBER 26, 2015 DOCUMENTS TO CITY OCTOBER 30, 2015 (4 COPIES) CONTRACT BONDS FEES INSURANCE CITY PLANNING OCTOBER 30, 2015 DEPARTMENT APPROVAL SCHOOL BOARD SET NOVEMBER 3, 2015 EASEMENT PUBLIC HEARING DATE ON CITY COUNCIL AGENDA NOVEMBER 4, 2015 CITY COUNCIL APPROVAL NOVEMBER 9, 2015 SCHOOL BOARD HOLD NOVEMBER 17, 2015 PUBLIC HEARING ON EASEMENT TEMPORARY FENCING NOVEMBER 16-17, 2015 (BY OWNER) WORK CAN START NOVEMBER 18, 2015 ON SITE COMPLETION ASAP BUT NOT LATER THAN DECEMBER 15, 2015

11 FINDLEY CITY STORM SEWER RELOCATION QUOTE 7301 Acknowledgment & Certification ( Company ) is providing services to the Des Moines Independent Community School District ( District ) as a contractor, vendor, supplier, provider or sub-provider and/or is operating or managing the operations of a contractor, vendor, supplier or provider. The services provided by the Company may involve the presence of the Company s employees upon the real property of the District. The Company acknowledges that Iowa law prohibits a sex offender who has been convicted of a sex offense against a minor from being present upon the real property of the District. The Company further acknowledges that, pursuant to Iowa law, a sex offender who has been convicted of a sex offense against a minor shall not operate, manage, be employed by, or act as a contractor or volunteer at the District. The Company hereby certifies that no one who is an owner, operator or manager of the Company has been convicted of a sex offense against a minor. The Company further certifies and agrees that it shall not permit any person who is a sex offender convicted of a sex offense against a minor to provide any services to the District in accordance with the prohibitions set forth above. The Company further certifies that the Company has completed a satisfactory background check on the Company s employees. The Company hereby agrees to provide the District with the Company s background screening procedures including specific context and infractions that are reviewed by the Company. The District reserves the right to, but does not have the obligation to, conduct a District background check on Company employees as determined by the District in its sole discretion. The District reserves the right to restrict access of any Company employee upon the real property of the District if such employee does not clear the District s background check. The District reserves the right, but does not have the obligation to, to audit the Company s background screening program at any time, whether announced or unannounced. The Company hereby agrees that the Company shall, upon request, permit an authorized District representative to review background screening records, including those of individual Company employees, in order to conduct a compliance review, audit or investigation, to the fullest extent permitted by law. The Company shall ensure that the provisions of this Acknowledgement and Certification are extended to any and all subcontractors, consultants, or others the Company may engage if such engagement involves their presence upon the real property of the District. The Company understands and agrees that violation of any of the provisions of this Acknowledgement and Certification shall constitute sufficient grounds for termination of any contract or subcontract without damages or penalty to the District. This Acknowledgment and Certification is to be construed under the laws of the State of Iowa. If any portion hereof is held invalid, the balance of the document shall, notwithstanding, continue in full legal force and effect. In signing this Acknowledgment and Certification, the person signing on behalf of the Company hereby acknowledges that he/she has read this entire document that he/she understands its terms, and that he/she not only has the authority to sign the document on behalf of the Company, but has signed it knowingly and voluntarily. Signed: Print Name: Title: Date:

12 DES MOINES INDEPENDENT PAYMENT BOND COMMUNITY SCHOOL DISTRICT Document Page 1 FINDLEY CITY STORM SEWER RELOCATION LABOR AND MATERIAL PAYMENT BOND Bond No. (This Bond is issued simultaneously with a Performance Bond in favor of the Owner conditioned on the full and timely performance of the Contract.) KNOW ALL MEN BY THESE PRESENTS that as Principal (the Principal ), and, a corporation organized and existing under the laws of the State of, and authorized to transact business in the State of Iowa, as Surety (the Surety ), jointly and severally bind themselves, their heirs, personal representatives, successors, and assigns, to the DES MOINES INDEPENDENT COMMUNITY SCHOOL DISTRICT, 901 Walnut Street, Des Moines, Iowa 50309, as Obligee (the Owner ), for the use and benefit of it and the claimants as defined below, in the principal amount of ($ ) as adjusted by approved change orders (not to exceed 10 percent of the principal amount of this Bond unless expressly approved by the Surety, which approval shall not be unreasonably withheld) and interest as provided by law, for the payment of all amounts which become due under the Contract described below. The Principal and the Owner have entered into a written Construction Agreement dated, 201_, together with related Contract Documents as defined therein (all of which are collectively referred to as the Contract and incorporated herein by this reference), for the following Project: The condition of this obligation is such that, if the Principal shall at all times promptly make payment of all amounts, claims, or demands lawfully due to all persons, firms, associations, or corporations supplying or furnishing to the Principal or its subcontractors labor or materials, supplies, or equipment which are used, provided, or performed in the prosecution of the work provided for in the Contract and any and all duly authorized modifications of the Contract that may hereafter be made, then this obligation shall be null and void; otherwise, the Surety shall pay the full value of all such claims or demands and shall indemnify and hold the Owner harmless from all payments which the Owner may be required to make under the Contract or applicable law in excess of the Contract price not exceeding the amount of this obligation, together with interest as provided by law, as well as attorneys fees and costs incurred by the Owner in the resolution of any claim. All such subcontractors, laborers, and materialmen shall have rights under the within Bond as are set forth in the statutes and laws of the State of Iowa. Further, each and every claimant, who institutes a lawsuit for compensation or payment under the terms payment under the terms hereof, as part of any court award, shall be entitled to reasonable attorneys fees and costs. The undersigned Surety for value received hereby agrees that no extension of time, change in, addition to, or other modification of the terms of the Contract or work to be performed thereunder, or of the March 16, 2001

13 DES MOINES INDEPENDENT PAYMENT BOND COMMUNITY SCHOOL DISTRICT Document Page 2 FINDLEY CITY STORM SEWER RELOCATION specifications, or of the Contract Documents, shall in any way affect its obligation on this Bond and the Surety hereby waives notice of any such extension of time, change, addition, or modification. Any notice which any party desires or is required to provide another shall be in writing and shall be effective upon receipt when delivered or transmitted by personal delivery, certified (return receipt) mail, or express mail service to the addresses set forth herein. IN WITNESS WHEREOF, said Principal and Surety have executed this Bond, this day of, 20. ATTEST: Principal (SEAL) By: Address: ATTEST: (Surety) (SEAL) By: Address: Claims Telephone Number: Claims Fax Number: The fully executed Bond form must be accompanied by a current Power of Attorney. END OF DOCUMENT March 16, 2001

14 DES MOINES INDEPENDENT PERFORMANCE BOND FORM COMMUNITY SCHOOL DISTRICT Document Page 1 FINDLEY CITY STORM SEWER RELOCATION PERFORMANCE BOND Bond No. KNOW ALL MEN BY THESE PRESENTS That, as Principal (the Principal ), and, a corporation organized and existing under the laws of the State of, and authorized to transact business in the State of Iowa, as Surety (the Surety ), jointly and severally, bind themselves, their heirs, personal representatives, successors, and assigns to the DES MOINES INDEPENDENT COMMUNITY SCHOOL DISTRICT, 901 Walnut Street, Des Moines, Iowa 50309, as Obligee (the Owner ), in the principal amount of ($ ) as adjusted by approved change orders (not to exceed 10 percent of the principal amount of this Bond unless expressly approved by the Surety, which approval shall not be unreasonably withheld) and interest as provided by law (collectively referred to herein as the Penal Sum ), for the performance of the Construction Agreement between the Principal and the Owner, dated, 201, for the following (Project): together with the obligations of the Contract Documents, as defined in the Construction Agreement, all of which documents are collectively referred to herein as the "Contract" and are incorporated by this reference. The condition of this obligation is such that, if the Principal shall at all times duly, promptly, and properly perform all the terms and conditions of the Contract and any authorized modifications thereof during the original term of the Contract, any extensions thereof that may be granted by the Owner, and during the term of any guarantee or warranty required under the Contract, the Principal and Surety shall have no obligation under this Bond, otherwise it shall remain in full force and effect. The Surety for value received agrees that no extension of time, change in, addition to, or other alteration or modification of the terms of the Contract or work to be performed thereunder, or any other forbearance on the part of either the Owner or the Principal to the other shall in any way release or affect the Surety's liability or obligation on this Bond, and the Surety hereby waives notice of any such extension of time, change, addition, modification, alteration, or forbearance. Whenever the Owner terminates the Contract in accordance with the terms thereof, the Surety shall, within fifteen (15) calendar days after written notice of such termination, notify the Owner in writing of its election to complete the Contract in accordance with its terms, or notify the Owner that the Surety elects not to complete the Contract. If the Surety fails to give the written notice so required within such fifteen (15) calendar day period, then it will be deemed to have elected not to complete the Contract. Should the Surety elect to complete the Contract, then it shall, within fifteen (15) additional calendar days following written notice of such election, obtain a contractor, subject to approval by the Owner in writing, to complete the original Contract in accordance with its terms and conditions and thereafter proceed with the work with due diligence and make March 16, 2001

15 DES MOINES INDEPENDENT PERFORMANCE BOND FORM COMMUNITY SCHOOL DISTRICT Document Page 2 FINDLEY CITY STORM SEWER RELOCATION available as the work progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The Surety may not engage the Principal to complete the Contract, without the prior written consent of the Owner, which consent may be withheld in the Owner's sole discretion. If the Surety elects to complete the Contract, then it shall be entitled to receive the balance of the Contract price, less (i) any amounts paid by the Owner to the Principal; (ii) costs incurred by the Owner in correcting any defective work; (iii) any additional legal, design professional, and other costs incurred by the Owner resulting from the Principal's default; and (iv) liquidated damages caused by delayed performance or nonperformance of the Principal. Any progress payments, less retainage, due but not paid at the date of termination shall be paid to the Surety so long as the Surety has agreed to indemnify the Owner for the amount thereof and no other claims have been made to such funds by subcontractors or suppliers in accordance with the Contract or applicable law. In the event the Surety elects not to complete the Contract, the Owner may then have the work completed by such means and in such manner, by contract with or without public bidding, or otherwise, as it may deem advisable. The Surety in such event shall at all times make available, as work progresses under the Contract between the Owner and its new contractor, sufficient funds, not to exceed the Penal Sum, to pay the cost of the completion of the Contract pursuant to its terms, together with the other amounts set forth in (i) through (iv) above, but in no event shall the Surety be responsible for the payment of any sums to the Owner until the Owner has paid in full its total obligation under the terms of the original Contract, plus change orders, less deductions and claims chargeable by law or by the Contract, if any, and less the retainage which will be disbursed as provided by the Contract Documents and applicable law. The procedures set forth herein shall apply should there be a default and termination or a succession of defaults and terminations in fulfilling the terms and conditions of the work under the original Contract. In the event there are negotiations between the Principal and/or the Surety and the Owner subsequent to the date of termination, each party shall appoint an authorized representative with authority to represent it during the negotiations. All written communications and official discussions between the parties shall be conducted by these authorized representatives. Any notice which any party desires or is required to provide another shall be in writing and shall be effective upon receipt when delivered or transmitted by personal delivery, certified (return receipt) mail, or express mail service to the addresses set forth herein. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work is located and shall be instituted before the expiration of three (3) years from the date on which final payment under the contract is made; provided, however, that this period may be extended by one (1) additional year by the Owner's giving written notice to the Surety within the three (3) year period of a potential claim. Any judgment recovered hereunder by the Owner shall include interest at the legal rate, together with reasonable attorneys' fees and costs. March 16, 2001

16 DES MOINES INDEPENDENT PERFORMANCE BOND FORM COMMUNITY SCHOOL DISTRICT Document Page 3 FINDLEY CITY STORM SEWER RELOCATION No right action shall accrue under this Bond to or for the use of any person or entity other than the Owner or its successors and assigns. IN WITNESS WHEREOF, the Principal and Surety have signed this Performance Bond as of the day of, 201. ATTEST: Principal (SEAL) By: Address: ATTEST: (Surety) (SEAL) By: Address Claims Telephone Number: Claims Fax Number: The fully executed bond form must be accompanied by a current Power of Attorney. END OF DOCUMENT March 16, 2001

17 DMPS INSURANCE REQUIREMENTS Insurance by Contractor The Contractor shall purchase and maintain such insurance as will protect it from claims set forth below which may arise out of or result from the Contractor s operations under the Contract, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. All such insurance shall be subject to the approval of the District for adequacy of protection, and shall include a provision preventing cancellation without thirty (30) days prior notice to the District in writing. Commercial General Liability Insurance Each Occurrence $ 1,000,000 Damages to rented premises (each occurrence) $ 200,000 Medical Expenses (any one person) $ 10,000 Personal Injury $ 1,000,000 General aggregate $ 1,000,000 Products Complete Aggregate $ 1,000,000 Automobile Insurance Combined single limit $ 1,000,000 Worker s Compensation Insurance In accordance with the laws of the State of Iowa covering all employees who perform any obligations assumed under the contract. Each accident minimum $ 500,000 Disease minimum each employee $ 500,000 Upon selection, contractor will present certificates of insurance to the Des Moines Independent Community School District showing compliance with the forgoing requirements.

18 DES MOINES INDEPENDENT PRIVATE CONSTRUCTION COMMUNITY SCHOOL DISTRICT CONTRACT FINDLEY CITY STORM SEWER RELOCATION Document PART 1 - GENERAL 1.1 PRIVATE CONSTRUCTION CONTRACT A. The contractor will be required to execute the City of Des Moines Private Construction Contract for the work that is covered by the Public Improvement drawing sheet C4.2 prepared by Bishop Engineering. These forms do not need to be completed during the quote stage. The successful contractor will execute the contract, bonds, insurance, etc. after award. B. The contractor shall include all bond costs, inspection fee costs, insurance requirement costs and other Private Construction Contract costs in their quote. Note that the bond required under the Private Construction Contract is in addition to the bond required by the school district to cover 100% of the quote amount. Information is also available on the Private Construction Contract at the City of Des Moines Engineering Department website. The below listed documents are attached. 1. Private Construction Contract Fillable ( Effective April 6, 2015) 2. Private Construction Contract Instructions (Effective April 6, 2015) 3. Private Construction Contract Bond Fillable (Effective September 8, 2008)

19 ENGINEERING DEPARTMENT CITY OF DES MOINES, IA Activity ID Contract No. Date Roll Call No. PRIVATE CONSTRUCTION CONTRACT THIS AGREEMENT, made and entered into on the day of, 20, by and between, hereinafter called the "Contractor", and, hereinafter called the "Owner": WITNESSETH: That the Contractor and Owner, for the consideration stated herein, agree as follows: ARTICLE I: SCOPE OF WORK The Contractor hereby agrees to complete the work comprising the below referenced improvements or project as specified in the contract documents, which are officially on file in the office of the City Clerk. The work under this contract shall be constructed in accordance with the SUDAS Standard Specifications, 2015 Edition, as further modified by the supplemental specifications and special provisions included in said contract documents. 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 acknowledgment of completion and/or acceptance by the City of Des Moines, Iowa, hereinafter called the Jurisdiction. This contract includes all contract documents, as defined in the Standard Specifications, for the construction of the following described improvements: The Quantity of work to be done is estimated as shown on Private Construction Contract Attachment A. ARTICLE II: COMMENCEMENT AND COMPLETION OF WORK The Contractor hereby agrees to commence the work not later than, and to fully complete the improvement not later than. Effective April 6, 2015 Private Construction Contract: Page 1 of 8

20 ARTICLE III: THE CONTRACT SUM Upon performance of this private construction contract by the Contractor, the Owner shall pay to the Contractor the lump sum of dollars ($ ), or the total amount based upon the actual quantities constructed and the unit prices listed on Private Construction Contract Attachment A, which payment shall be in full compensation and settlement for the work. Except as hereafter provided, the details regarding actual payment by the Owner to the Contract for compensation for work completed shall be between the Owner and the Contractor; however, the Jurisdiction shall hold the Owner solely responsible for the work, and completion of the work, until final acceptance is made. Final acceptance of the construction or work shall be defined as final approval of the project only in the sense that it has been constructed, cleaned up, and completed in apparent substantial compliance with the contract documents. Said final acceptance is stipulated to mean a written acceptance by the Des Moines City Council. It is mutually agreed between the parties to the contract, that a certificate of completion of the project, submitted by the Des Moines City Engineer and approved by the Des Moines City Council, shall constitute final acceptance of the work and materials included in the contract on the date of such approval, subject to the provision that such approval and acceptance shall not constitute an acceptance of any unauthorized work, and that no approval, acceptance or payment shall constitute an acceptance of unauthorized or defective work or improper material. ARTICLE IV: GENERAL A. BONDS, INSURANCE AND INDEMNITY The Contractor agrees to provide the insurance required by Section 1070, Part 3 Bonds and Insurance, of said SUDAS Standard Specifications through the period of operations covered by this contract until acknowledgment of completion and/or acceptance by the Des Moines City Council; and the Contractor shall defend, indemnify, and hold harmless the Jurisdiction and its officers, agents, and employees in accordance with Section 1070, 3.03 Contractor s Indemnity - Contractual Liability Insurance. The Contractor agrees to provide, on the form provided, a Performance, Payment and Maintenance Bond in the full amount of this contract with the maintenance period of four years. B. ENGINEERING SERVICES AND INSPECTIONS The Contractor agrees to comply with all normal procedures required by the Jurisdiction to include, but not limited to: plan check, testing, and construction inspection(s). The Jurisdiction reserves the right to inspect all work on said improvement to the same standard as if the improvement was a Jurisdiction-funded public improvement. The Owner agrees to furnish all engineering work lines and grades and copies of the contract documents needed for the improvement. The Owner shall hire a licensed surveyor to do all survey work needed for this private construction contract including an as-built survey. The surveyor shall contact the Jurisdiction regarding format and information required on the as-built survey. C. INSPECTION COORDINATION The Contractor shall contact the Des Moines Engineering Department at (or cellular ), 24-hours before beginning construction and coordinate for inspection. The Contractor shall notify the Owner and the City Engineer in writing when all construction work, including the punch list and final cleanup, is completed; so that the City Engineer can make a final inspection of the work, and the Owner can order the as-built survey if required. D. NON-DISCRIMINATION The Contractor hereby acknowledges and agrees to comply with any and all applicable provisions of the Des Moines Human Rights Ordinance, Chapter 62 of the Des Moines Municipal Code. The Contractor specifically agrees not to discriminate against any employees or applicants for employment on the basis of age, race, religion, creed, color, sex, sexual orientation, national origin, ancestry or disability. The Contractor further agrees to include this provision in all subcontracts for this project. E. FEES PAID BY THE OWNER AND/OR CONTRACTOR The Owner and/or Contractor agree to obtain all federal, state, and local permits and pay all fees necessary for the contract work including, but not limited to, Grading and NPDES permits. The Owner agrees to pay the City's administrative, inspection, and testing fees in accordance with Section of the Des Moines City Code, at the time the private contracts are submitted to the City Engineer for review and prior to presentation to City Council for approval and permission to construct the improvement. Said fees were established by the City Council on December 18, 2002, under Roll Call No as follows: Effective April 6, 2015 Private Construction Contract: Page 2 of 8

21 Description of Service/Permit Fee Administrative Fee for private construction contracts $ per contract Inspection and Testing Fee for private Paving construction 6% of the first $30,000 of construction contract contracts cost and 2% thereafter Inspection and Testing Fee for private Sanitary Sewer 8% of the first $30,000 of construction contract construction contracts cost and 3% thereafter Inspection and Testing Fee for private Storm Sewer 8% of the first $30,000 of construction contract construction contracts cost and 2% thereafter Payment should be made payable to the City of Des Moines and presented with this contract. FEE CALCULATION Enter data for this contract and calculate fees below, which is the sum of the $ administrative fee plus the inspection and testing fees based upon the contract costs. (See instructions for example calculations.) Paving Fee: Construction Amount $ Administrative Fee: $ $ Inspection and Testing Fee: 6% of first $30,000 of paving construction cost $ 2% of the remaining paving construction cost over $30,000 $ Total Paving Fee: $ Sanitary Sewer Fee: Construction Amount $ Administrative Fee: $ $ Inspection and Testing Fee: 8% of first $30,000 of sanitary sewer construction cost $ 3% of the remaining sanitary sewer construction cost over $30,000 $ Total Sanitary Sewer Fee: $ Storm Sewer Fee: Construction Amount $ Administrative Fee: $ $ Inspection and Testing Fee: 8% of first $30,000 of storm sewer construction cost $ 2% of the remaining storm sewer construction cost over $30,000 $ Total Storm Sewer Fee : $ F. CITY'S STANDARD FORM CONTRACT CONTROLS The Owner and the Contractor acknowledge that this contract has been prepared utilizing a standard form City of Des Moines contract provided by the City or downloaded from the City's website in WORD format. The Owner and Contractor represent that no changes have been made to the form of this Contract other than to insert required information and text in text boxes provided for that purpose, and they agree that unauthorized changes made to the form of the contract shall not be binding on them or on the City and that the form of the contract as it appears on the City's website shall govern and be binding on the parties to this contract. Effective April 6, 2015 Private Construction Contract: Page 3 of 8

22 IN WITNESS WHEREOF, the Parties hereto have caused this Instrument to be executed in four (4) original counterparts as of the day and year first above written. OWNER CONTRACTOR Owner s Name Contractor s Name By Signature By Signature Printed Name Printed Name Title Title Address Address City, State, Zip Code City, State, Zip Code Telephone Number Telephone Number Address Address Type or print the name and title of the company s owner, president, CEO, etc. if a different person than entered above. Type or print the name and title of the company s owner, president, CEO, etc. if a different person than entered above. Name Name Title Title CONTRACTOR IDENTIFICATION INFORMATION To Be Provided By: 1. All Contractors: Contractor's public registration number issued by the Iowa Commissioner of Labor pursuant to Section 91C.5 of the Iowa Code:. 2. Out-of-State Contractors: Contractor's Bond (State of Iowa, Division of Labor, Out-of-State Contractor Project Bond) pursuant to Section 91C.7 of the Iowa Code Bond No: Name of Surety: NOTE: All signatures on this contract must be original signatures in ink; copies or facsimile of any signature will not be accepted. Effective April 6, 2015 Private Construction Contract: Page 4 of 8

23 PRIVATE CONSTRUCTION CONTRACT ATTACHMENT In accordance with Article I: Scope of Work, the Quantity of work to be done is estimated on this Private Construction Contract Attachment A as listed below. In accordance with Article III: The Contract Sum is the compensation to be paid by the Owner to the Contractor. If the Contractor is to be paid based upon a lump sum price, this amount should be entered on the contract and only the Item Number, Description, and Quantity of the work as shown on the construction plans need to be listed below. If the Contractor is to be paid based upon the total amount of the actual quantities constructed instead of based upon a lump sum price, then the Item Number, Description, and Estimated Quantities of work as shown on the construction plans as well as the Unit Prices, and Total Prices are to be listed below, and the total contract sum should be entered in the space provided for the contract sum on the contract. Item No. Description Quantity Unit Price Total Price TOTAL CONTRACT SUM: Effective April 6, 2015 Private Construction Contract: Page 5 of 8

24 OWNER'S CORPORATE ACKNOWLEDGEMENT State of ) ) SS County ) On this day of, 20, before me, the undersigned, a Notary Public in and for the State of, personally appeared and, to me known, who, being by me duly sworn, did say that they are the, and, respectively, of the corporation executing the foregoing instrument; that (no seal has been procured by) (the seal affixed thereto is the seal of) the corporation; that said instrument was signed (and sealed) on behalf of the corporation by authority of this Board of Directors; that and acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. Notary Public in and for the State of My commission expires OWNER'S PARTNERSHIP ACKNOWLEDGMENT State of ) ) SS County ) On this day of, 20, before me, the undersigned, a Notary Public in and for the State of, personally appeared to me personally known, who being by me duly sworn, did say that the person is one of the partners of, a partnership, and that the instrument was signed on behalf of the partnership by authority of the partners and the partner acknowledged the execution of the instrument to be the voluntary act and deed of the partnership by it and by the partner voluntarily executed. Notary Public in and for the State of My commission expires OWNER'S INDIVIDUAL ACKNOWLEDGEMENT State of ) ) SS County ) On this day of, 20, before me, the undersigned, a Notary Public in and for the State of, personally appeared and, to me known to be the identical person(s) named in and who executed the foregoing instrument, and acknowledged that (he) (she) (they) executed the instrument as (his) (her) (their) voluntary act and deed. Notary Public in and for the State of My commission expires OWNER'S LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT State of ) ) SS County ) On this day of, 20, before me a Notary Public in and for said county, personally appeared, to me personally know, who being by me duly sworn did say that person is of said, that (the seal affixed to said instrument is the seal of said OR no seal has been procured by the said), and that said instrument was signed and sealed on behalf of the said, by authority of its managers and the said acknowledged the execution of said instrument to be the voluntary act and deed of said, by it voluntarily executed. Notary Public in and for the State of My commission expires Effective April 6, 2015 Private Construction Contract: Page 6 of 8

25 CONTRACTOR'S CORPORATE ACKNOWLEDGEMENT State of ) ) SS County ) On this day of, 20, before me, the undersigned, a Notary Public in and for the State of, personally appeared and, to me known, who, being by me duly sworn, did say that they are the, and, respectively, of the corporation executing the foregoing instrument; that (no seal has been procured by) (the seal affixed thereto is the seal of) the corporation; that said instrument was signed (and sealed) on behalf of the corporation by authority of this Board of Directors; that and acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. Notary Public in and for the State of My commission expires CONTRACTOR'S PARTNERSHIP ACKNOWLEDGMENT State of ) ) SS County ) On this day of, 20, before me, the undersigned, a Notary Public in and for the State of, personally appeared to me personally known, who being by me duly sworn, did say that the person is one of the partners of, a partnership, and that the instrument was signed on behalf of the partnership by authority of the partners and the partner acknowledged the execution of the instrument to be the voluntary act and deed of the partnership by it and by the partner voluntarily executed. Notary Public in and for the State of My commission expires CONTRACTOR'S INDIVIDUAL ACKNOWLEDGEMENT State of ) ) SS County ) On this day of, 20, before me, the undersigned, a Notary Public in and for the State of, personally appeared and, to me known to be the identical person(s) named in and who executed the foregoing instrument, and acknowledged that (he) (she) (they) executed the instrument as (his) (her) (their) voluntary act and deed. Notary Public in and for the State of My commission expires CONTRACTOR S LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT State of ) ) SS County ) On this day of, 20, before me a Notary Public in and for said county, personally appeared, to me personally known, who being by me duly sworn did say that person is of said, that (the seal affixed to said instrument is the seal of said OR no seal has been procured by the said), and that said instrument was signed and sealed on behalf of the said, by authority of its managers and the said acknowledged the execution of said instrument to be the voluntary act and deed of said, by it voluntarily executed. Notary Public in and for the State of My commission expires Effective April 6, 2015 Private Construction Contract: Page 7 of 8

26 SUPPLEMENTAL SPECIFICATIONS FOR PRIVATE CONSTRUCTION CONTRACTS Effective Date: April 6, 2015 GENERAL SUPPLEMENTAL SPECIFICATIONS This private construction contract will be constructed in accordance with the SUDAS Standard Specifications, 2015 Edition, which were adopted by the City of Des Moines on April 6, 2015 under Roll Call Number , as further revised by these supplemental specifications and also revised by the City of Des Moines General Supplemental Specifications to the SUDAS Standard Specification, 2015 Edition, which are available from the City Engineer s Office and are also available at the following link 20Standard%20Specifications,%202013%20Edition_Effective% pdf The SUDAS Standard Specification may be viewed at the Iowa SUDAS website or can be purchased online at the Iowa SUDAS website at TREE PROTECTION SUPPLEMENTAL SPECIFICATIONS A. WORK ON PRIVATE PROPERTY: Chapter 42, Article X, Tree Removal and mitigation, of the Municipal Code of the City of Des Moines shall apply. B. WORK ON PUBLIC RIGHT OF WAY: The City of Des Moines Supplemental Specification for Tree Protection shall apply to this private Construction Contract. The Supplemental Specification for Tree Protection is available from the City Engineer s Office and is also available at the following link NPDES PERMIT REQUIREMENTS AND STORM WATER POLLUTION PREVENTION PLAN REQUIREMENTS If this private construction contract disturbs one or more total acres, this contract is subject to Section 402(b) of the Clean Water Act and Iowa Code Section 455B.174 and Iowa Administrative Code (projects disturbing one or more total acres) and requires inclusion in the National Pollution Discharge Elimination System (NPDES) General Permit No. 2, or an individual NPDES Permit for stormwater (also storm water) discharge associated with industrial activity for construction activities. All work shall be in accordance with Section 9040 Erosion and Sediment Control of the SUDAS Standard Specifications. On this private construction contract, the revisions to Section 9040 Erosion and Sediment Control that are included in the City of Des Moines General Supplemental Specifications to the SUDAS Standard Specification, 2015 Edition, as referenced above, shall not apply. On this private construction contract, the Owner, and its Contractor, shall be totally responsible for all Erosion and Sediment Control work including preparing the storm water pollution prevention plan, publications, notices, fees, fines, and all stormwater pollution prevention work. Effective April 6, 2015 Private Construction Contract: Page 8 of 8

27 INSTRUCTIONS FOR EXECUTION OF PRIVATE CONSTRUCTION CONTRACT DOCUMENTS Scope - This instruction is intended to explain how to complete the necessary paperwork for presentation of a private construction contract to City Council for approval; and explain some of the "due process" associated with the contract. The work must be completed in accordance with the SUDAS Standard Specifications 2015 Edition. The SUDAS Standard Specification may be viewed at the Iowa SUDAS website or can be purchased online from the Iowa Sudas website The Private Construction Contract and Performance, Payment & Maintenance Bond Forms are available on the Engineering Department Website in both WORD and PDF formats. The WORD versions are in text-protected formats, whereby you can only enter data in the appropriate locations, which are shown as gray-scaled text boxes. You can simply TAB from one text box to the next when entering data. The text boxes will expand as you enter data. You should download and save the forms onto your computer each time you prepare a contract to insure that you have the current forms. You cannot save the completed form on the website. Private Construction Contract - The first paragraph of page 1 should be completed by entering the date the contract is signed by the Owner and the Contractor and the company names should be entered. The company names must be the complete legal name of the company as registered with the Iowa Secretary of State if required. The information in the upper right, above the first paragraph, will be supplied by the Engineering Department at the time the contract is presented to City Council. Article I: Scope of Work - Complete the first paragraph by inserting a brief improvement and location description of the project. The type of work and location of the work must be included. The location description should include the subdivision name, street name, and limits. Where the project is being built to service one structure, the building number must be given. For example: Sanitary Sewer Improvements north of Laurel Street between 4th & 5th Streets to service Mercy Medical Center Office Buildings at 401 Laurel Street as per Plan File No The Engineering Department for our record storage issues the plan file number when the plan is approved by the City Engineer. The quantity of work shall be shown on Private Construction Contract Attachment A. Article II: Commencement and Completion of Work - The anticipated start and completion dates shall be entered in the blanks provided. Article III: The Contract Sum - The Contract Sum is the compensation to be paid by the Owner to the Contractor and should be entered in the space provided. If the Contractor is to be paid based upon a lump sum price, this amount should be entered on the contract; and only the Item Number, Description, and Quantity of the work as shown on the construction plans need to be completed on the Private Construction Contract Attachment A. If the Contractor is to be paid based upon the total amount of the actual quantities constructed, instead of based upon a lump sum price, then the Item Number, Description, and Estimated Quantities of the work as shown on the construction plans as well as the Unit Prices, and Total Prices are to be listed on the Private Construction Contract Attachment A. The total contract sum should be entered in the space provided for the contract sum. Article IV: GENERAL Effective April 6, 2015 Private Contract Execution Instructions: Page 1 of 6 Pages