In the minutes: Leclaire meeting, License Plate Reader (Jul 6)

City of LeClaire, Iowa
City Council Meeting Agenda
Monday, July 6, 2026 – 6:00 p.m.
Council Chambers
325 Wisconsin St
LeClaire, IA
Electronic Attendance Link

City Council
Mayor Dennis Gerard
Amy Blair, Mayor Pro Tem
Bill Bloom
Sara Gravert
Barry Long
Ryan Salvador

I. Call to Order with Roll Call
II. Pledge of Allegiance
III. Consent Agenda Approval: Mayor Pro Tem Amy Blair
Resolution 26-152: Agenda, Revisions, Claims & Receipts, Licenses & Permits, Bits & Pieces
Barrels & Bottles, Riverside Asian Kitchen – Liquor License Renewal
Barrels & Bottles – Tobacco License Renewal
Tugfest – Special Liquor License August 11- 15, 2026
IV. Council Minutes: Mayor Pro Tem Amy Blair
Resolution 26-153: All Minutes June 15, 2026
V. Public Appearances/Correspondence:
VI. Mayor’s Report:
VII. Council Reports:
A.

Public Safety, Parks & Recreation: Council Liaison and Mayor Pro Tem Amy Blair
1. Public Hearing: Park Ordinance – Ch. 47 – Park Regulations
2. Ordinance 864 – Ch. 47 Park Regulations – First Reading
3. Resolution 26-154: Huckleberry Park Improvements – Pay App 6 – Valentine Construction

B.

Streets, P & Z, BOA: Council Liaison Sara Gravert
1. Public Hearing: 12th and Davenport Street Storm Improvements – Plans & Specifications
2. Resolution 26-155: 12th and Davenport Street Storm Improvements – Plans & Specifications
3. Resolution 26-156: 35th Street Trail Design – Engineering Services Agreement – Origin
4. Resolution 26-157: Wisconsin St. 15th to 67 – Pay Estimate 3 – McCarthy Improvements
5. Resolution 26-158: Territorial Road Repair – Concrete CDM-I Contractors
Garbage, Sewer, Public Works: Council Liaison Barry Long

C.

D. Finance & Economic Development: Council Liaison Ryan Salvador
1. Resolution 26-159: Joan of Arc Omnibus Amendment & Assumption Agreement
E. LeClaire Community Library, School District, Tourism & Civic Groups: Council Liaison Bill Bloom
1. Resolution 26-160: Library Board Appointment – Matthew Hentrich
2. Resolution 26-161: Tugfest Fishing Competition – July 11, 2026
VII.

Adjournment

Title VI Notice to the Public
It is the policy of the City of Le Claire to assure full compliance with Title VI of the Civil Rights Act of 1964. Related statutes and regulations provide that no person shall on the basis of race,
color, national origin, gender, age or disability be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity c o n d u c t e d
b y t h e C i t y . Any person who believes that they are being denied participation in a project, being denied benefits of a program, or otherwise being discriminated against because of race,
color, national origin, gender, age, or disability, may contact the City Administrator for the City of LeClaire at (563)-289-6004.

Resolution 26-152
A RESOLUTION APPROVING CONSENT AGENDA FOR JULY 6, 2026
BE IT RESOLVED by the City Council of the City of LeClaire, Iowa, that the July 6, 2026,
Consent Agenda is hereby approved as amended and including any “other items” as may be shown.
All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such
conflict.
PASSED AND APPROVED by the LECLAIRE CITY COUNCIL this 6th day of July 2026.
________________________________________
Megan K. Smith, City Clerk
Resolution Approved
Resolution Uncontested
Resolution Vetoed

Dennis Gerard, Mayor
July 6, 2026

Thu Jul 2, 2026 1:59 PM

REVENUE LISTING

Page

1

6/01/2026 TO 6/30/2026

REVENUE CODE
-----------------------ATE
AUTO TRAF ENF
BLDG
BUILDING PERMIT
BOA
BOA REQUEST
CELLRENT CELL TOWER RENT
CIGAR
CIGARETTES
CIVIC
CIVIC REC PMTS
COURT
COURT FINES
DAS
ST COLLECT-DAS
DEDUCT PAYROLL
FDPERMIT FIRE PERMIT
FIRE
FIRE DISTRICT 1
GRANTS FED/ST GRANTS
GTSB
GTSB
H/MTAX HOTEL/MOTEL TAX
KIOSK
KIOSK RENTAL
LIBRARY LIBRARY RCPTS
LOST
LOST
METER
METER
METER+ SECOND METER
NOTARY NOTARY
PDDONATE PD DONATIONS
PEDDLER PEDDLER/MERCHAN
PERFBOND PERFORM BOND
PETTAG PET TAGS
PTAX
PROPERTY TAX
R.U.T. ROAD USE TAX
RECMEMBR REC MEMBERSHIP
REIMB
REIMBURSEMENTS
RENTAL RENTALS
TOTERS TOTER EXCHANGE
UBDEP
UB DEPOSIT
UBIPAY UB PMT ONLINE
UBRECP UB CHK/CSH PMT
UB
UB ACH

COUNT
TOTAL
-----------------------2
12,013.00
22
11,387.04
1
250.00
1
1,770.00
1
300.00
22
1,061.40
3
1,837.81
1
61.00
2
29,129.76
1
100.00
1
32,280.00
3
453,222.51
1
109.26
1
37,200.90
7
1,160.00
22
1,598.65
1
70,796.96
1
292.15
3
1,733.15
7
24.00
1
560.00
1
25.00
4
20,000.00
3
25.00
1
56,134.49
1
65,746.80
7
96.30
5
136,276.90
3
1,000.00
1
10.00
13
1,950.00
136
9,661.06
699
44,887.60
1052 --------------59,236.17
---------2,030
1,051,936.91

TOTAL CODE
-----------------------1 GENERAL LEDGER
2 UTILITY BILLING

COUNT
TOTAL
-----------------------143
938,152.08
1,887
113,784.83
-----------------------2,030
1,051,936.91

RMREVNRP 02.11.22

City of Le Claire IA

OPER: MKS

Thu Jul 2, 2026 11:23 AM

VENDOR NAME

04.22.22

REFERENCE

VENDOR
TOTAL

Accounts Payable Total

251.24
890.00
212.50
11,000.00
190.40
1,650.00
873.43
164.00
226.85
1,035.00
1,042.92
50.00
75.00
2,646.97
2,308.40
434.79
2,446.49
1,049.18
817.54
131.10
2,773.97
77.99
102.21
512.00
14,599.79
366,836.27
274.05
331.11
12,365.12
1,650.00
95.00
15,430.12
800.00
555.36
5,498.86
38,880.00
25.00
5,053.00
600.00
3,331.89
224.20
72,413.28
50,934.33
50.00
==============
620,909.36

Invoices: Paid
Invoices: Not Scheduled

3,071.26
617,838.10

City of Le Claire IA

1

7/01/2026- 7/31/2026

ADVANCED BUSINESS SYSTEMS
COPIER
AMERICAN ELECTRIC INC.
WWTP POLE REPLACEMENT
BETTENDORF LOCK & SECURITY INC SERVICE CALL
BOHNSACK & FROMMELT LLP
PROGRESS BILLING YEAR END 2026
BOUND TREE MEDICAL LLC
GLOVES
BRYR SERVICES
ADA SPACES
COLUMN SOFTWARE, PBC INC
26.06.15 MINUTES
CONCENTRA
PHYSICAL J. CARTER
CROWN TROPHY
MEDALS
THE DAVEY TREE EXPERT COMPANY TREE REMOVAL TITUS CT
DEMCO, INC.
DISPLAY TABLE
ELIZABETH HULSHIZER
RENTAL REFUND
EMERICK PEST CONTROL INC.
QRTLY PEST CONTROL
ENVIROMARK CORPORATION
GRIT REMOVAL PROJECT
FERGUSON WATERWORKS #2516
IRRIGATION METERS
GALLS LLC
GLOVES
GRACE MARINE INC.
NEW ELECTRONICS
IOWA AMERICAN WATER CO.
WATER SERVICE
IA DEPT OF REVENUE
26-05 SALES TAX
IOWA ONE CALL
UTILITY LOCATES
INGRAM
26/06 LIBRARY BOOKS
K & K TRUE VALUE HARDWARE LLC RESTROOM REPAIR
LECLAIRE AUTO SERVICE
SQUAD 52
M & M FLOOR CLEANING
JANITOR
MARTIN EQUIPMENT OF IA-IL, INC CONTROL VALVE REPLACEMENT
MCCARTHY IMPROVEMENT CO.
WIS 15-67 PAY APP 3
MEG SCOTT
MILEAGE- MPI
METRONET
PHONE/INTERNET
MINDFIRE COMMUNICATIONS
MEDIA/SOCIAL MEDIA AD
NORTH SCOTT DOORS
GARAGE DOOR FAIL
PANTHER UNIFORMS, INC.
UNIFORM
PLATINUM INFORMATION SERVICES IT COMPLETE SUPPORT
PRISTINE! LLC
26/06 CH & REC CLEANING
PS3 ENTERPRISES, INC.
PORT-A-POTTIES
RAGAN MECHANICAL INC.
GRIT REMOVAL PROCESS
RODNEY L COLLIER TRUST
FTST ECO DEVO GRANT
SCOTT COUNTY SHERIFF
BOOKING FEES
SCOTT COUNTY TREASURER
LC08425
SCOTT EMERGENCY COM CNTR
4TH ATR RADIOS
TEAM SERVICES, INC.
CODY RD PHII
UNIFORM DEN, INC.
UNIFORMS
VALENTINE CONSTRUCTION CO
HUCKLBRY PRK PAY APP 6
VEENSTRA & KIMM, INC.
WIS 15 TO 67 IMPRVMNTS
YMCA-IOWA MISSISSIPPI VALLEY YMCA MBRSHP AGREEMENT

APCLAIRP

Page

CLAIMS REPORT

Check Range:

OPER: MKS

Thu Jul 2, 2026 11:23 AM

Page

CLAIMS REPORT

2

CLAIMS FUND SUMMARY

FUND NAME
001
002
008
009
012
110
328
610

APCLAIRP

04.22.22

AMOUNT

GENERAL
71,540.64
GENERAL-GARBAGE
6.30
GENERAL-LIBRARY BOARD
4,698.81
GENERAL-TOURISM BOARD
12,655.24
GENERAL-SELF INSURANCE
50.00
ROAD USE
14,772.11
CIP FYE23-25
499,034.42
SEWER O & M
18,151.84
------------------------------- ------------TOTAL FUNDS
620,909.36

City of Le Claire IA

OPER: MKS

Resolution 26-153
A RESOLUTION APPROVING COUNCIL MEETING
MINUTES OF JUNE 15, 2026
BE IT RESOLVED by the City Council of the City of LeClaire, Iowa, that the Council Meeting
Minutes of June 15, 2026, are all hereby approved as presented. All resolutions or parts of resolutions
in conflict herewith are hereby repealed to the extent of such conflict.
PASSED AND APPROVED by the LECLAIRE CITY COUNCIL this 6th day of July 2026.
________________________________________
Megan K. Smith, City Clerk
Resolution Approved
Resolution Uncontested
Resolution Vetoed

Dennis Gerard, Mayor
July 6, 2026

City of LeClaire, Iowa
City Council Meeting Minutes
Monday June 15, 2026 – 6:00 p.m.
Council Chambers, 325 Wisconsin St, LeClaire, IA
Mayor: _________Blair: __________ Bloom: _________ Gravert: _______ Long: _________Salvador: _________
Bockenstedt: ____________ Publication: _____________________
Mayor Gerard called the City Council Meeting to order at 6:00 p.m. in the City Hall Council Chambers, 325 Wisconsin Street.
Present: Council Members, Amy Blair, Bill Bloom, & Barry Long. City Administrator Dennis Bockenstedt, Administrative
Specialist, Susan Reed, Fire Chief Shane Bleeker, Police Chief Shane Themas, Public Works Director Lane Bleeker & Parks &
Recreation Director, Greg Ludwig, Tourism Manager and City Engineer Eric Lee, Veenstra & Kimm. Absent Council Members:
Sara Gravert & Ryan Salvador. The Pledge of Allegiance was recited.
Resolution 26-120
Moved by Blair, seconded by Long, approving Consent Agenda for June 15, 2026, as presented. Motion carried unanimously
on roll call vote.
Resolution 26-121
Moved by Blair, seconded by Bloom, approving Council Meeting Minutes of June 1, 2026, as presented. Motion carried
unanimously on roll call vote.
Public Appearances: None
Mayor’s Report: None
Resolution 26-122
Moved by Blair, seconded by Long, approving the 2026 city-wide Deer Bowhunting Program, as presented. Motion carried
unanimously on roll call vote.
Resolution 26-123
Moved by Blair, seconded by Long, approving Valentine Construction Co., as the contractor for Fiber Optic Installation at
Huckleberry Park in an amount not to exceed $10,800.00, as presented. Motion carried unanimously on roll call vote.
Resolution 26-124
Moved by Blair, seconded by Long, approving the disposal of Public Property – Police Squad – 1999 Ford Crown Victoria,
as presented. Motion carried unanimously on roll call vote.
Resolution 26-125
Moved by Blair, seconded by Bloom, approving the disposal of Public Property – Police Squad – 2010 Ford Crown Victoria,
as presented. Motion carried unanimously on roll call vote.
Resolution 26-126
Moved by Blair, seconded by Long, approving the purchase of a 2026 Dodge Durango Pursuit Vehicle from Clinton Auto
Group, Clinton, IA in an amount not to exceed $42,825.00, as presented. Motion carried unanimously on roll call vote.
Resolution 26-127
Moved by Blair, seconded by Long, approving the purchase of Police Equipment for Squad 56 from 424 Warning Systems,
Blue Grass, IA in an amount not to exceed $18,701.74, as presented. Motion carried unanimously on roll call vote.
Resolution 26-128
Moved by Blair, seconded by Bloom, approving the purchase and installation of License Plate Reader Camera Equipment
from Flock Group Inc. in an amount not to exceed $58,000.00, as presented. Motion carried unanimously on roll call vote.
Resolution 26-129
Moved by Blair, seconded by Long, calling for and establishing a date for a Public Hearing for amendments to Chapter 47Park Regulations for 6:00 p.m. on July 6, 2026, as presented. Motion carried unanimously on roll call vote.
Resolution 26-130
Moved by Blair, seconded by Bloom, approving Pay Estimate 10 to Bill Bruce Builders in the amount of $1,353,477.90 for
the YMCA Construction Project, as presented. Motion carried unanimously on roll call vote.
Resolution 26-131
Moved by Long, seconded by Blair approving the Mayor’s re-appointment of Mark Carstens to the Planning & Zoning
Commission for a 5-year Term to expire June 2031, as presented. Motion carried unanimously on roll call vote.
Resolution 26-132
Moved by Long, seconded by Bloom, calling for and establishing a date for a Public Hearing on the Plans, Specifications,
Form of Contract and Estimated Costs of the 12th and Davenport Street Storm Improvements for 6:00 p.m. on July 6, 2026,
and Directing the Advertising of Bids, as presented. Motion carried unanimously on roll call vote.
City Council Minutes 06-15-2026

Page 1

Resolution 26-133
Moved by Long, seconded by Blair, authorizing the Mayor and City Clerk to Execute a Federal-Aid Agreement for
Congressionally Directed Funding with the Iowa Department of Transportation for the 35th Street and I-80 Pedestrian
Bridge Project, as presented. Motion carried unanimously on roll call vote.
Resolution 26-134
Moved by Long, seconded by Bloom, approving Amendment 1 to the Engineering Services Agreement for the design phase
with Origin Design for the Mississippi River Trail – May Street to Eagle Ridge Road Project in an amount not to exceed
$11,950.00, as presented. Motion carried unanimously on roll call vote.
Resolution 26-135
Moved by Long, seconded by Blair, approving an agreement with Team Services to provide Geotechnical Services for a
retaining wall at US 67 and South Eighth Street in the amount of $9,200.00, as presented. Motion carried unanimously on
roll call vote.
Resolution 26-136
Moved by Long, seconded by Bloom, approving a Traffic Signal Design and Railroad Crossing Engineering Services
Agreement with Anderson Bogert, Cedar Rapids, IA for the MRT Trail: Eagle Ridge to May Street Project in an amount not
to exceed $18,000.00, as presented. Motion carried unanimously on roll call vote.
Resolution 26-137
Moved by Long, seconded by Blair, acknowledging the receipt of Planning & Zoning Commission’s Recommendation 26-3,
recommending the approval of Midtown River Addition Final Plat, as presented. Motion carried unanimously on roll call
vote.
Public Hearing – Midtown River Addition Final Minor Plat – 537 N. Cody Road
Mayor Gerard called a Public Hearing to order at 6:08 p.m. for the purpose of receiving public comment on the proposed
Midtown River Addition Final Minor Plat. Roll call was taken with Council Members present: Blair, Bloom, & Long. Absent:
Sara Gravert & Ryan Salvador. Written comments were submitted to council. No verbal comments were submitted by the
public. Moved by Long, seconded by Blair, to close the public hearing at 6:09 p.m. Motion carried unanimously on roll call
vote
Resolution 26-138
Moved by Long, seconded by Bloom, approving Final Plat of Midtown River Addition, as presented. Motion carried
unanimously on roll call vote.
Resolution 26-139
Moved by Long, seconded by Blair, approving Leveraged Services as the contractor for the 2026 Panel Replacement Project
in an amount not to exceed $11,275.00, as presented. Motion carried unanimously on roll call vote.
Resolution 26-140
Moved by Long, seconded by Bloom, approving Pay Estimate 8 & Release of Retainage to Valentine Construction Co., in the
amount of $12,456.48 for the Mississippi River Trail – Riverfront Parking Lot to Ferry Street Project, as presented. Motion
carried unanimously on roll call vote.
Resolution 26-141
Moved by Long, seconded by Blair, approving Pay Estimate 11 to Langman Construction Co., in the amount of $464,186.69
for the Cody Road Phase II Project, as presented. Motion carried unanimously on roll call vote.
Resolution 26-142
Moved by Long, seconded by Bloom, approving Pay Estimate 3 to Manatt’s Inc., for the 2025 Hot Mix Asphalt Project in the
amount of $142,797.31, as presented. Motion carried unanimously on roll call vote.
Resolution 26-143
Moved by Long, seconded by Blair, approving the Purchase of 3 Riverfront Hydrants from Hometown Mechanical in an
amount not to exceed $11,900.00 plus flagging costs required from the Railroad, as presented. Motion carried unanimously
on roll call vote.
Resolution 26-144
Moved by Long, seconded by Bloom, approving the Purchase of one 20HP New Fairbanks WWTP pump plus freight in an
amount not to exceed $32,485.00, as presented. Motion carried unanimously on roll call vote.
Public Hearing – Loan Agreement and borrowing money to repurpose proceeds from prior bond issue
Mayor Gerard called a Public Hearing to order at 6:12 p.m. for the purpose of receiving public comment on the proposed
Entering into a Loan Agreement and borrowing money to repurpose proceeds from a prior bond issue for the funding of
the Additional Purposes. Roll call was taken with Council Members present: Blair, Bloom, & Long. Absent: Sara Gravert &
Ryan Salvador. Written comments were submitted to council. No verbal comments were submitted by the public. Moved
by Long, seconded by Blair, to close the public hearing at 6:14 p.m. Motion carried unanimously on roll call vote.
City Council Minutes 06-15-2026

Page 2

Resolution 26-145
Moved by Bloom, seconded by Long, authorizing taking Additional Action on Proposal to Enter into a General Obligation
Loan Agreement and Repurpose Bond Proceeds, as presented. Motion carried unanimously on roll call vote.
Resolution 26-146
Moved by Bloom, seconded by Blair, approving Self-Contained Breathing Apparatuses (SCBA) from MacQueen Equipment
in an amount not to exceed $299,955.65, as presented. Motion carried unanimously on roll call vote.
Resolution 26-147
Moved by Bloom, seconded by Long, amending the Employee Handbook, as presented. Motion carried unanimously on roll
call vote.
Resolution 26-148
Moved by Bloom, seconded by Blair, amending the Capitalization and Depreciation Policy, as presented. Motion carried
unanimously on roll call vote.
Resolution 26-149
Moved by Bloom, seconded by Long, authorizing a dedicated Internet Access and Transparent Lan Service Agreement with
Medicom and the City of LeClaire, Iowa, as presented. This agreement will provide overlapping coverage to prevent loss
of internet and phone connection. Motion carried unanimously on roll call vote.
Resolution 26-150
Moved by Bloom, seconded by Blair, approving the re-appointment of Olivia Soseman to the Tourism Board for full twoyear term to expire June 2028, as presented. Motion carried unanimously on roll call vote.
Resolution 26-151
Moved by Bloom, seconded by Long, approving the appointment of Emily Stier to the Tourism Board for a two-year term
to expire June 30, 2028, as presented. Motion carried unanimously on roll call vote.
Adjournment
Moved by Long, seconded by Blair, to adjourn at 6:19 p.m. Motion carried unanimously on roll call vote.

Attest:

Dennis Gerard, Mayor

___________
Susan Reed, Administrative Specialist

City Council Minutes 06-15-2026

Page 3

ORDINANCE 864
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
LECLAIRE, IOWA, BY AMENDING CHAPTER 47– PARK REGULATIONS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LECLAIRE, STATE OF
IOWA:
Section 1. Amending the following:
47.08 SMOKING IN PARKS.
Smoking shall be permitted in all City parks pursuant to the provisions of the “Iowa Smokefree Air Act” (as
amended), unless otherwise restricted by resolution of the Council.
Smoking shall not be permitted in City outdoor parks during times of LeClaire Parks and Recreation youth
programming. This includes sport and non-sport programming.
REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby
repealed.
Section 2. SEVERABILITY CLAUSE. If any section, provision or part of this ordinance shall be adjudged
invalid or unconstitutional such adjudication shall not affect the validity of the ordinance as a whole or any section,
provision or part thereof not adjudged invalid or unconstitutional.
Section 3. WHEN EFFECTIVE. This Ordinance shall be in effect after its final passage, approval and
publication as provided by law.

PASSED, APPROVED, AND ADOPTED this ______ day of ______ 2026.
Dennis Gerard, Mayor

ATTEST:
__________________________________________
Megan K. Smith, City Clerk

Read First Time:
Read Second Time:
Read Third Time:

1

July 6, 2026

CHAPTER 47
PARK REGULATIONS

47.01 PURPOSE.
The purpose of this chapter is to facilitate the enjoyment of park facilities by the general
public by establishing rules and regulations governing the use of park facilities.
(Code of Iowa, Sec. 364.12)

47.02 DESIGNATION OF CITY PARKS.
The following generally described and commonly referred to areas of public property are
hereby designated as public City parks: Hollyhock Park, Scout Park, Huckleberry Park, City
Center Plaza, and the LeClaire Veterans Memorial Complex Park.

47.03 USE OF DRIVES REQUIRED.
No person shall drive any car, cycle, or other vehicle, or ride or lead any horse, in any
portion of a park except upon the established drives or roadways therein or such other
places as may be officially designated by the City.

47.04 FIRES.
No fire shall be built, except in a place designated for such purpose, and such fire shall be
extinguished before leaving the area.

47.05 LITTERING.
No person shall place, deposit, or throw any waste, refuse, litter, or foreign substance in
any area or receptacle except those provided for that purpose.

47.06 PARKS HOURS.
It is unlawful for any person other than authorized City personnel and law enforcement
officers to be within the confines of the areas known and designated as City Parks, from
10:00 p.m. to 6:00 a.m. Furthermore, it is unlawful for any unattended passenger vehicle,

travel trailer, camper, self-contained living or travel trailer, motor home, caravan,
recreational vehicle, trailers of any nature, and other such vehicles, all as defined in the
Code of Iowa and the City’s Code of Ordinances, to be within these said areas, from 10:00
p.m. to 6:00 a.m. Motor trucks, truck tractors, road tractor-trailers, semi-trailers, and other
such vehicles and trailers, all as defined in the Code of Iowa, are hereby prohibited from
parking within said areas at any time except by express permission of the City. Any vehicles
parked in said areas in violation of this section may be ticketed and/or may be towed
immediately at the owner’s expense. The Police Department is hereby granted the
authority to issue parking tickets and/or citations to any vehicles and/or immediately tow
any such vehicles that are in violation of these regulations. Any violation of the provisions
of this section shall be punishable by a fine as established by resolution of the Council.

47.07 CONSUMPTION OF ALCOHOLIC BEVERAGES.
The consumption of alcoholic beverages (as defined by the Code of Iowa) is permitted
within designated City parks.

47.08 SMOKING IN PARKS.
Smoking shall be permitted in all City parks pursuant to the provisions of the “Iowa
Smokefree Air Act” (as amended), unless otherwise restricted by resolution of the Council.
Smoking shall not be permitted in City outdoor parks during times of LeClaire Parks and
Recreation youth programming. This includes sport and non-sport programming.
47.09 LECLAIRE VETERANS MEMORIAL COMPLEX/BMX PARK RULES.
Any person within the confines of the enclosed area hereby designated as the “LeClaire
Veterans Memorial Complex Skate/BMX Park” shall comply with the posted rules and
regulations governing the use of said area as adopted by resolution of the Council. These
rules and regulations shall be in addition to and shall supersede other provisions of this
chapter where conflicts and inconsistencies exist between the provisions.

Resolution 26-154
A RESOLUTION APPROVING PAY ESTIMATE 6 TO
VALENTINE CONSTRUCTION, IN THE AMOUNT OF
$72,413.28 FOR THE HUCKLEBERRY SPLASH PAD &
PLAYGROUND PROJECT
WHEREAS, the City of LeClaire passed Resolution 25-194 on September 2, 2025, awarding
the contract for the Huckleberry Splash Pad and Playground Project to Valentine Construction.,
Dubuque, IA, in an amount not to exceed $885,122.00; and
WHEREAS, the City of LeClaire passed Resolution 26-016 on January 19, 2026, approving
Pay Estimate 1 in the amount of $186,911.31; and
WHEREAS, the City of LeClaire passed Resolution 26-016 on February 16, 2026, approving
Pay Estimate 2 in the amount of $97,551.23; and
WHEREAS, the City of LeClaire passed recommended Change Order on April 6,2026 in the
amount of $43,870 for Soccer Field Grading; and
WHEREAS, the City of LeClaire passed Resolution 26-071 on April 6, 2026, approving Pay
Estimate 3 in the amount of $110,011.56; and
WHEREAS, the City of LeClaire passed Resolution 26-099 on May 4, 2026, approving Pay
Estimate 4 in the amount of $223,754.92; and
WHEREAS, the City of LeClaire passed Resolution 26-116 on June 1, 2026, approving Pay
Estimate 5 in the amount of $194,230.87; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of LeClaire, Iowa, that
the Pay Estimate 6 to Valentine Construction in the amount of $72,413.28 for the Huckleberry
Splash Pad and Playground Project is hereby approved. All resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such conflict.
PASSED AND APPROVED by the LECLAIRE CITY COUNCIL this 6th day of July 2026.
________________________________________
Megan K. Smith, City Clerk
Resolution Approved
Resolution Uncontested
Resolution Vetoed

Dennis Gerard, Mayor
July 6, 2026

6-16-26

Contractor's Application

Progress Estimate - Unit Price Work
For (Contract):
Valentine Construction Co.

Application Number:

Application Period:
June 1, 2026 thru June 16, 2026

Application Date:

A

B

Item

C

Contract Information
Units

Unit Price

Total Value
of Item ($)

1

LS

$122,425.00

$122,425.00

1,306

SY

$10.00

$13,060.00

Quantities from
Previous Pay
Applications
1.00
1306

1,375

SY

$10.00

$13,750.00

1375

Modified Subbase, Splashpad, 12-Inch

356

SY

$18.00

$6,408.00

Proof Roll

1

LS

$200.00

$200.00

2.06

Below Grade Excavation (Core-Out)

300

TONS

$46.00

$13,800.00

2.07

Compaction Testing

1

LS

$3,500.00

$3,500.00

3.01

Replacement of Unsuitable Backfill

40

LF

$10.00

4.01

Sanitary Sewer, PVC SDR-26, 6-Inch

144

LF

4.02

Storm Drain, HDPE, 12-Inch

44

4.03

Storm Drain, HDPE, 15-Inch

4.04

Storm Drain, HDPE, 18-Inch

4.05

Bid Item
No.

Description

Item
Quantity

2.01

Excavation, Class 10

2.02

Modified Subbase, Parking Lot, 6-Inch

2.03

Modified Subbase, Sidewalk, 6-Inch

2.04
2.05

D

E

F

G

Work Completed to Date
Estimated Quantities Value of Work
Total Estimated Value of Work
Installed this Pay
Installed this Pay
Quantity Installed Installed to Date
Period
Period
$0.00
1
$122,425.00

6
June 16, 2026

H

I

J

Materials Presently
Stored (not in F)

Total Completed
and Stored to Date
(G + H)

%
(I / B)

Balance to Finish
(B - I)
$0.00

$0.00

$122,425.00

100.0%

$0.00

1306

$13,060.00

$0.00

$13,060.00

100.0%

$0.00

$0.00

1375

$13,750.00

$0.00

$13,750.00

100.0%

$0.00

356

$0.00

356

$6,408.00

$0.00

$6,408.00

100.0%

$0.00

1.00

$0.00

1

$200.00

$0.00

$200.00

100.0%

$0.00

249.59

$0.00

249.59

$11,481.14

$0.00

$11,481.14

83.2%

$2,318.86

1.00

$0.00

1.00

$3,500.00

$0.00

$3,500.00

100.0%

$0.00

$400.00

40

$0.00

40

$400.00

$0.00

$400.00

100.0%

$0.00

$100.00

$14,400.00

144

$0.00

144

$14,400.00

$0.00

$14,400.00

100.0%

$0.00

LF

$50.00

$2,200.00

44

$0.00

44

$2,200.00

$0.00

$2,200.00

100.0%

$0.00

133

LF

$55.00

$7,315.00

133

$0.00

133

$7,315.00

$0.00

$7,315.00

100.0%

$0.00

38

LF

$60.00

$2,280.00

38

$0.00

38

$2,280.00

$0.00

$2,280.00

100.0%

$0.00

Pipe Apron & Guard, Metal, 12-Inch

2

EA

$500.00

$1,000.00

2

$0.00

2

$1,000.00

$0.00

$1,000.00

100.0%

$0.00

4.06

Pipe Apron & Guard, Metal, 15-Inch

1

EA

$575.00

$575.00

1

$0.00

1

$575.00

$0.00

$575.00

100.0%

$0.00

4.07

Subdrain, HDPE, 4-Inch

465

LF

$15.00

$6,975.00

1,085

$0.00

1085

$16,275.00

$0.00

$16,275.00

233.3%

-$9,300.00

5.01

Connect to Existing Water Main

1

EA

$1,250.00

$1,250.00

1

$0.00

1

$1,250.00

$0.00

$1,250.00

100.0%

$0.00

5.02

Water Service, 2-Inch

45

LF

$80.00

$3,600.00

45

$0.00

45

$3,600.00

$0.00

$3,600.00

100.0%

$0.00

5.03

Water Service Corporation, 2-Inch

1

EA

$500.00

$500.00

1

$0.00

1

$500.00

$0.00

$500.00

100.0%

$0.00

5.04

Water Service Curb Stop & Box, 2-Inch

1

EA

$1,150.00

$1,150.00

1

$0.00

1

$1,150.00

$0.00

$1,150.00

100.0%

$0.00

5.05

Water Meter, 2-Inch

1

EA

$2,500.00

$2,500.00

$2,500.00

1

$2,500.00

$0.00

$2,500.00

100.0%

$0.00

6.01

Control Structure

2

EA

$4,500.00

$9,000.00

2

$0.00

2

$9,000.00

$0.00

$9,000.00

100.0%

$0.00

6.02

Storm Manhole, SW-401

1

EA

$5,250.00

$5,250.00

1

$0.00

1

$5,250.00

$0.00

$5,250.00

100.0%

$0.00

6.03

Intake, Modified, SW-501

1

EA

$4,000.00

$4,000.00

1

$0.00

1

$4,000.00

$0.00

$4,000.00

100.0%

$0.00

6.04

Intake, Modified, SW-505

1

EA

$5,000.00

$5,000.00

1

$0.00

1

$5,000.00

$0.00

$5,000.00

100.0%

$0.00

7.01

PCC Concrete, Parking Lot, 6-Inch

1,191

SY

$54.00

$64,314.00

1191

$0.00

1191

$64,314.00

$0.00

$64,314.00

100.0%

$0.00

7.02

PCC Pavement, Splashpad, 6-Inch

335

SY

$75.00

$25,125.00

335

$0.00

335

$25,125.00

$0.00

$25,125.00

100.0%

$0.00

7.03

PCC Pavement Samples & Testing

1

LS

$3,500.00

$3,500.00

1.00

$0.00

7.04

PCC Sidewalk, 5-Inch

1,375

SY

$60.00

$82,500.00

1200

7.05

Detectable Warnings

40

SF

$40.00

$1,600.00

7.06

PCC Driveway, Type A, 6-Inch

69

SY

$100.00

7.07

PCC Patch , 8-Inch

54

SY

$100.00

8.01

Pavement Marking & Symbols

1

LS

9.01

Hydraulic Seeding, Type 1

2.8

9.02

Sodding

260

9.03

SWPPP

9.04

Silt Fence

9.05

Stabilized Construction Entrance

9.06

1

$0.00

1.00

$3,500.00

$0.00

$3,500.00

100.0%

$10,500.00

1375

$82,500.00

$0.00

$82,500.00

100.0%

$0.00

40

$0.00

40

$1,600.00

$0.00

$1,600.00

100.0%

$0.00

$6,900.00

69

$0.00

69

$6,900.00

$0.00

$6,900.00

100.0%

$0.00

$5,400.00

54

$0.00

54

$5,400.00

$0.00

$5,400.00

100.0%

$0.00

$1,500.00

$1,500.00

1.00

$0.00

1

$1,500.00

$0.00

$1,500.00

100.0%

$0.00

AC

$11,500.00

$32,200.00

2.8

$0.00

3

$32,200.00

$0.00

$32,200.00

100.0%

$0.00

SY

$11.50

$2,990.00

$0.00

$0.00

$0.00

0.0%

$2,990.00

1

LS

$5,000.00

$5,000.00

0.75

$0.00

0.75

$3,750.00

$0.00

$3,750.00

75.0%

$1,250.00

770

LF

$4.00

$3,080.00

770

$0.00

770

$3,080.00

$0.00

$3,080.00

100.0%

$0.00

1

EA

$1,500.00

$1,500.00

1

$0.00

1

$1,500.00

$0.00

$1,500.00

100.0%

$0.00

Rip Rap, Erosion Stone

20

TONS

$55.00

$1,100.00

29.42

$0.00

29

$1,618.10

$0.00

$1,618.10

147.1%

-$518.10

175

$0.00

9.07

Inlet Protection

5

EA

$175.00

$875.00

5

$0.00

5

$875.00

$0.00

$875.00

100.0%

$0.00

11.01

Construction Survey

1

LS

$7,500.00

$7,500.00

0.89

$0.00

0.89

$6,694.20

$0.00

$6,694.20

89.3%

$805.80

11.02

Mobilization

1

LS

$62,500.00

$62,500.00

1

11.03

Splashpad, Complete

1

LS

$337,000.00

$337,000.00

0.53

CO #1

Topsoil, Strip, Salvage & Respread

2420

CY

$11.00

$26,620.00

2420

CO #1

Hydraulic Seeding, Type 1

1.5

AC

$11,500.00

$17,250.00

Contract Totals

EJCDC® C-620 Contractor's Application for Payment
© National Society of Professional Engineers for EJCDC. All rights reserved.

$928,992.00

0.47
1.5

$0.00

1

$62,500.00

$0.00

$62,500.00

100.0%

$0.00

$158,390.00

1.00

$337,000.00

$0.00

$337,000.00

100.0%

$0.00

$0.00

2420

$26,620.00

$0.00

$26,620.00

100.0%

$0.00

$17,250.00

1.5

$17,250.00

$0.00

$17,250.00

100.0%

$0.00

$931,445.44

$0.00

$931,445.44

100.3%

-$2,453.44

$188,640.00

Stored Material Summary
For (Contract):

A

11.03

Supplier
Invoice No.

Application Number:

Valentine Construction Co.

Application Period:

Bid
Item
No.

Contractor's Application
Application Date:

June 1, 2026 thru June 16, 2026
B
Submittal No.
(with
Specification
Section No.)

C
Storage
Location
Contractor

Description of Materials or Equipment Stored
Splashpad, Complete

Totals

EJCDC® C-620 Contractor's Application for Payment
© National Society of Professional Engineers for EJCDC. All rights reserved.

D
Stored Previously
Date Placed
Amount
into Storage
($)
(Month/Year)
N/A
$112,415.50

$112,415.50

E

Subtotal Amount
Completed and
Amount Stored
Stored to Date
this Month ($)
(D + E)

6

June 16, 2026
F
Incorporated in Work
Date
Amount
(Month/
($)
Year)

$112,415.50

$0.00

$112,415.50

$0.00

G
Materials
Remaining in
Storage ($)
(D + E - F)
$112,415.50
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$112,415.50

Resolution 26-155
A RESOLUTION APPROVING THE PLANS, SPECIFICATIONS,
PROPOSED FORM OF CONTRACT, AND TAKING OF BIDS FOR
THE 12th DAVENPORT STREET STORM IMPROVEMENT
PROJECT
WHEREAS, the City Council of the City of LeClaire, Iowa (the “City”), has determined that it is
necessary and desirable that public improvements be constructed as described in the
proposed plans and specifications and form of contract as prepared by Contracted
Engineers consistent with its standard public works specifications for such public
improvements, which may be hereafter referred to as the “12th and Davenport Street
Improvement Project (Project), which proposed plans, specifications, form of contract,
and estimate of cost are on file with the City Clerk; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of LeClaire, Iowa, as
follows:
Section 1. The detailed plans and specifications, form of contract and estimate of cost
referred to in the preamble hereof are hereby approved.
Section 2. The Project is necessary and desirable for the City, and it is in the best interests of
the City to proceed toward the construction of the Project.
Section 3. The amount of the bid security to accompany each bid is hereby fixed at five
percent (5%) of the total amount of the proposal.
Section 4. The City Council hereby delegates to the City Administrator and/or City Clerk the
duty of receiving, opening, and announcing the results of all sealed bids for the construction of the
Project, on July 14, 2026, at 2:00 p.m. at City Hall, LeClaire, Iowa. The City Council will meet on
Monday, July 20, 2026, at 6:00 p.m. for the purpose of considering and awarding the bids received by
the City in connection therewith.
Section 5. The City Administrator will post notice of the aforementioned calling for and
taking of bids, all in conformity with Chapter 26 of the Code of Iowa. The said notice is substantially
similar in form as follows:
Notice is hereby given that sealed bids will be received by the City at City Hall, 325 Wisconsin Street,
LeClaire, Iowa until 2:00 pm., local time, on Tuesday, July 14, 2026, at which time and place they will
be opened and publicly read or at such later time and place as may then be fixed.
Bids will be considered by the City at a public meeting to be held at City Hall at 6:00 p.m., local
time, on Monday, July 20, 2026, or at such later time and place as may then be fixed. The proposed
construction shall generally consist of the following work:
1. 12th and Davenport Street Improvements Project, including:
12TH AND DAVENPORT STREET STORM IMPROVEMENTS Construction of stormwater & drainage
improvements from 12th and Wisconsin Street to Davenport Street between 12th and 11th Street.
Project also includes removal and replacement of sidewalk, driveway and pavement replacement
for construction of new storm sewer and ditching, excavation, erosion control, seeding, subbase,
testing, mobilization, traffic control, erosion control, and surface restoration are required, including
miscellaneous work and cleanup. The project includes construction of 24” to 30” equivalent storm
sewer piping and open ditch installation and improvements. The project will be bid using two
separate alternates (Bid Alternate 1 and Bid Alternate 2) as per the plan drawings and proposal line
items. Bidding documents may be examined at Veenstra & Kimm, Inc. 1800 5th Avenue, Rock Island,
Illinois and at City Hall, 325 Wisconsin Street, LeClaire, Iowa. Copies of said plans and specifications

are now on file in the office of the City Clerk, for examination by bidders. Electronic copies may be
obtained from the Coralville office of VEENSTRA & KIMM, INC. after an Electronic Media Agreement
is submitted. Please email Michelle Chinchilla at [email protected] to request the
agreement form. 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 receiving bids. All proposals shall be made on official
bidding blanks furnished by the City, and any alternations 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 five percent (5%) 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 five percent (5%) of the bid. NB-1 561176
The bid security should be made payable to the CITY OF LECLAIRE, 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 other contract documents. Bidders shall use the bid
bond form bound in the specifications. No bidder may withdraw a proposal within thirty (30) days
after the date set for opening bids. The successful bidder will be required to furnish a bond in an
amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a
responsible surety approved by the City Council and shall guarantee the faithful performance of the
contract and the terms and conditions therein contained and shall guarantee the prompt payment
for all materials and labor and protect and save harmless the City from claims and damages of any
kind caused by the operations of the Contractor, and shall guarantee the work against faulty
workmanship and materials for a period of two (2) years after its completion and acceptance by the
City Council. All Contractor(s) and subcontractor(s) are required to obtain tax exemption
certificates from the City of LeClaire, Iowa for this project. These tax exemption certificates are only
for use on this specific project as covered under the Contract. The work under the contract shall
commence within ten (10) days after date set forth in written Notice to Proceed. All work under the
contract shall be completed by October 31, 2026, subject to any extensions of time which may be
granted by the City Council. Liquidated damages in the amount of Two Hundred Dollars ($200.00)
per calendar day shall be assessed for each day that work shall remain uncompleted after October
31, 2026, with due allowance for extensions of the contract period due to conditions beyond the
control of the Contractor. Payment to the Contractor for said improvements will be made in cash
derived from the proceeds of the issuance and sale of such bonds and/or from such cash funds of
the City as may be legally used for said purposes. Any combination of the above methods of payment
may be used at the discretion of the City Council. Payment to the Contractor will be on the basis of
monthly estimates equivalent to ninety-seven percent (97%) of the contract value of the work
completed and payments made to material suppliers for materials ordered specifically for the
project or delivered to the site during the preceding calendar month. Estimates will be prepared on
the last day of each month by the Contractor, subject to the approval of the Engineer, who will certify
to the City for payment each approved estimate on or before the tenth (10th) day of the following
month. Such monthly NB-2 561176 payments shall in no way be construed as an act of acceptance
for any part of the work partially or totally completed. Upon completion of the work and its
acceptance by the Council, the Contractor will be paid an amount which, together with previous
payments, will equal ninety seven percent (97%) of the contract price of the contract. Final payment
of the remaining three percent (3%) will be made not less than thirty-one (31) days after
completion and acceptance by resolution of the City Council of the completed contract, subject to
the conditions and in accordance with the provisions of Chapter 573 of the Code of Iowa, as
amended. No such partial or final payments will be due until the Contractor has certified to the City
that the materials, labor and services involved in each estimate have been paid for in accordance

with the requirements stated in the specifications. 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. Proof of purchase amount and verification of insurance for stored materials must be
provided with any request for payment of stored materials. By virtue of statutory authority,
preference will be given to products and provisions grown and coal produced within the State of
Iowa and to Iowa domestic labor. In accordance with Iowa statutes, a resident bidder shall be
allowed a preference as against a nonresident bidder from a state or foreign country if that state or
foreign country gives or requires any preference to bidders from that state or foreign country,
including but not limited to any preference to bidders, the imposition of any type of labor force
preference, or any other form of preferential treatment to bidders or laborers from that state or
foreign country. The preference allowed shall be equal to the preference given or required by the
state or foreign country in which the nonresident bidder is a resident. In the instance of a resident
labor force preference, a nonresident bidder shall apply the same resident labor force preference to
a public improvement in this state as would be required in the construction of a public improvement
by the state or foreign country in which the nonresident bidder is a resident. In accordance with the
requirements of the Iowa Department of Labor, all bidders must submit a fully completed Bidder
Status Form. The Bidder Status Form must be included with and is considered an essential
attachment to the Proposal. Any Proposal that does not include a fully completed Bidder Status
Form may result in the Proposal being determined non-responsive and rejected. If it is determined
that adherence to these Iowa statutory requirements may cause denial of federal funds which would
otherwise be available for a public improvement or would otherwise be inconsistent with
requirements of any federal law or regulation, the application of Iowa Code Chapters 73 and 73A
shall be suspended to the extent necessary to prevent denial of the funds or to eliminate the
inconsistency with federal requirements. NB-3 561176 The City of LeClaire reserves the right to
reject any or all bids, to waive informalities, and to enter into such contract, or contracts, as it shall
deem to be in the best interest of the City.
The City of LeClaire reserves the right to reject any or all bids, to waive informalities, and to enter
into such contract, or contracts, as it shall deem to be in the best interest of the City.
Published upon order of the City Council of LeClaire, Iowa.
PASSED AND APPROVED by the LECLAIRE CITY COUNCIL this 6th day of July 2026.
________________________________________
Megan K. Smith, City Clerk

Resolution Approved
Resolution Uncontested
Resolution Vetoed
Dennis Gerard, Mayor
July 6, 2026

SPECIFICATIONS
FOR

12TH AND DAVENPORT STREET STORM IMPROVEMENTS
LECLAIRE, IOWA

SPECIFICATIONS
FOR
TH
12 AND DAVENPORT STREET STORM IMPROVEMENTS
LECLAIRE, IOWA

I hereby certify that this engineering document was prepared by
me or under my direct personal supervision and that I am a duly
licensed Professional Engineer under the laws of the State of Iowa.
Signed:

Date:

6/16/2026
Eric W. Lee, P.E.
Iowa License No. 25424
My license renewal date is December 31, 2026
Pages covered by this seal:
ALL

Prepared by
VEENSTRA & KIMM, INC.
A Kleinfelder Company

Rock Island
Illinois

INDEX
12TH AND DAVENPORT STREET STORM IMPROVEMENTS
LECLAIRE, IOWA
TITLE

PAGE

NOTICE OF PUBLIC HEARING
OFFICIAL NOTICE TO BIDDERS
INSTRUCTIONS TO BIDDERS
PROPOSAL
SPECIAL BIDDING REQUIREMENTS
BIDDER STATUS FORM
BID BOND
CONTRACT
BOND
HOLD-HARMLESS, WAIVER OF LIABILITY, AND
INDEMNIFICATION AGREEMENT
GENERAL CONDITIONS
SPECIAL CONDITIONS
PLANS LIST
DETAILED SPECIFICATIONS

NPH-1
NB-1
IB-1
P-1
BB-1
C-1
B-1
HH-1
GC-1
SC-1
PL-1

Constructed in accordance with the most current versions of the SUDAS Specifications
and Iowa DOT Specifications, except as modified by the Plans, Special Conditions or
Special Provisions.

I-1
561176

NOTICE OF PUBLIC HEARING
NOTICE OF PUBLIC HEARING ON PROPOSED PLANS AND SPECIFICATIONS, PROPOSED FORM OF
CONTRACT AND ESTIMATE OF COST FOR THE 12TH AND DAVENPORT STREET STORM
IMPROVEMENTS FOR THE CITY OF LECLAIRE, IOWA
The Council of the City of LeClaire will meet at the City Hall in said Municipality, on the 6th day
of July, 2026 at 6:00 P.M., at which time and place, a hearing will be held on the proposed plans
and specifications, form of contract and estimate of cost for the construction of the 12th and
Davenport Street Storm Improvements in and for said Municipality. At said hearing, the Council
will consider said plans and specifications, proposed form of contract and the estimate of cost
for the project, the same now being on file in the office of the Clerk, reference to which is made
for a more detailed and complete description of the proposed work, and at said time and place
the said Council will also receive and consider any objections to said plans, specifications and
form of contract or cost of such project made by any interested party.
The nature and extent of the improvements are as follows:
12TH AND DAVENPORT STREET STORM IMPROVEMENTS
Construction of stormwater & drainage improvements from 12th and Wisconsin Street to
Davenport Street between 12th and 11th Street. Project also includes removal and
replacement of sidewalk, driveway and pavement replacement for construction of new
storm sewer and ditching, excavation, erosion control, seeding, subbase, testing,
mobilization, traffic control, erosion control, and surface restoration are required,
including miscellaneous work and cleanup. The project includes construction of 24” to
30” equivalent storm sewer piping and open ditch installation and improvements. The
project will be bid using two separate alternates (Bid Alternate 1 and Bid Alternate 2) as
per the plan drawings and proposal line items.
This notice is given by order of the Council of the City of LeClaire, Iowa.
CITY OF LECLAIRE, IOWA
Dennis Bockenstedt, City Administrator
Attest: Megan Scott, City Clerk/Treasurer

NPH-1
561176

NOTICE TO BIDDERS
Notice is hereby given that sealed bids will be received by the City at City Hall, 325 Wisconsin
Street, LeClaire, Iowa until 2:00 pm., local time, on Tuesday, July 14, 2026, at which time and
place they will be opened and publicly read or at such later time and place as may then be fixed.
Bids will be considered by the City at a public meeting to be held at City Hall at 6:00 p.m., local
time, on Monday, July 20, 2026, or at such later time and place as may then be fixed. The
proposed construction shall generally consist of the following work:
12TH AND DAVENPORT STREET STORM IMPROVEMENTS
Construction of stormwater & drainage improvements from 12th and Wisconsin Street to
Davenport Street between 12th and 11th Street. Project also includes removal and
replacement of sidewalk, driveway and pavement replacement for construction of new
storm sewer and ditching, excavation, erosion control, seeding, subbase, testing,
mobilization, traffic control, erosion control, and surface restoration are required,
including miscellaneous work and cleanup. The project includes construction of 24” to
30” equivalent storm sewer piping and open ditch installation and improvements. The
project will be bid using two separate alternates (Bid Alternate 1 and Bid Alternate 2) as
per the plan drawings and proposal line items.
Bidding documents may be examined at Veenstra & Kimm, Inc. 1800 5th Avenue, Rock Island,
Illinois and at City Hall, 325 Wisconsin Street, LeClaire, Iowa.
Copies of said plans and specifications are now on file in the office of the City Clerk, for
examination by bidders. Electronic copies may be obtained from the Coralville office of
VEENSTRA & KIMM, INC. after an Electronic Media Agreement is submitted. Please email
Michelle Chinchilla at [email protected] to request the agreement form.
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 receiving bids. All proposals shall be made on official bidding
blanks furnished by the City, and any alternations 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
five percent (5%) 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 five percent (5%) of the bid.

NB-1
561176

The bid security should be made payable to the CITY OF LECLAIRE, 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 other contract documents.
Bidders shall use the bid bond form bound in the specifications.
No bidder may withdraw a proposal within thirty (30) days after the date set for opening bids.
The successful bidder will be required to furnish a bond in an amount equal to one hundred
percent (100%) of the contract price, said bond to be issued by a responsible surety approved by
the City Council and shall guarantee the faithful performance of the contract and the terms and
conditions therein contained and shall guarantee the prompt payment for all materials and labor
and protect and save harmless the City from claims and damages of any kind caused by the
operations of the Contractor, and shall guarantee the work against faulty workmanship and
materials for a period of two (2) years after its completion and acceptance by the City Council.
All Contractor(s) and subcontractor(s) are required to obtain tax exemption certificates from the
City of LeClaire, Iowa for this project. These tax exemption certificates are only for use on this
specific project as covered under the Contract.
The work under the contract shall commence within ten (10) days after date set forth in written
Notice to Proceed. All work under the contract shall be completed by October 31, 2026, subject
to any extensions of time which may be granted by the City Council.
Liquidated damages in the amount of Two Hundred Dollars ($200.00) per calendar day shall be
assessed for each day that work shall remain uncompleted after October 31, 2026, with due
allowance for extensions of the contract period due to conditions beyond the control of the
Contractor.
Payment to the Contractor for said improvements will be made in cash derived from the
proceeds of the issuance and sale of such bonds and/or from such cash funds of the City as may
be legally used for said purposes. Any combination of the above methods of payment may be
used at the discretion of the City Council.
Payment to the Contractor will be on the basis of monthly estimates equivalent to ninety-seven
percent (97%) of the contract value of the work completed and payments made to material
suppliers for materials ordered specifically for the project or delivered to the site during the
preceding calendar month. Estimates will be prepared on the last day of each month by the
Contractor, subject to the approval of the Engineer, who will certify to the City for payment each
approved estimate on or before the tenth (10th) day of the following month. Such monthly
NB-2
561176

payments shall in no way be construed as an act of acceptance for any part of the work partially
or totally completed. Upon completion of the work and its acceptance by the Council, the
Contractor will be paid an amount which, together with previous payments, will equal ninetyseven percent (97%) of the contract price of the contract. Final payment of the remaining three
percent (3%) will be made not less than thirty-one (31) days after completion and acceptance by
resolution of the City Council of the completed contract, subject to the conditions and in
accordance with the provisions of Chapter 573 of the Code of Iowa, as amended. No such partial
or final payments will be due until the Contractor has certified to the City that the materials,
labor and services involved in each estimate have been paid for in accordance with the
requirements stated in the specifications.
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. Proof of purchase amount and
verification of insurance for stored materials must be provided with any request for payment of
stored materials.
By virtue of statutory authority, preference will be given to products and provisions grown and
coal produced within the State of Iowa and to Iowa domestic labor.
In accordance with Iowa statutes, a resident bidder shall be allowed a preference as against a
nonresident bidder from a state or foreign country if that state or foreign country gives or
requires any preference to bidders from that state or foreign country, including but not limited
to any preference to bidders, the imposition of any type of labor force preference, or any other
form of preferential treatment to bidders or laborers from that state or foreign country. The
preference allowed shall be equal to the preference given or required by the state or foreign
country in which the nonresident bidder is a resident. In the instance of a resident labor force
preference, a nonresident bidder shall apply the same resident labor force preference to a public
improvement in this state as would be required in the construction of a public improvement by
the state or foreign country in which the nonresident bidder is a resident.
In accordance with the requirements of the Iowa Department of Labor, all bidders must submit a
fully completed Bidder Status Form. The Bidder Status Form must be included with and is
considered an essential attachment to the Proposal. Any Proposal that does not include a fully
completed Bidder Status Form may result in the Proposal being determined non-responsive and
rejected.
If it is determined that adherence to these Iowa statutory requirements may cause denial of
federal funds which would otherwise be available for a public improvement or would otherwise
be inconsistent with requirements of any federal law or regulation, the application of Iowa Code
Chapters 73 and 73A shall be suspended to the extent necessary to prevent denial of the funds
or to eliminate the inconsistency with federal requirements.

NB-3
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The City of LeClaire reserves the right to reject any or all bids, to waive informalities, and to
enter into such contract, or contracts, as it shall deem to be in the best interest of the City.
Published upon order of the City Council of LeClaire, Iowa.
Dennis Bockenstedt
City Administrator

NB-4
561176

INSTRUCTIONS TO BIDDERS
12TH AND DAVENPORT STREET STORM IMPROVEMENTS
LECLAIRE, IOWA
INDEX
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.

DEFINITION OF TERMS
CONTRACT DOCUMENTS
METHOD OF BIDDING
QUALIFICATIONS OF BIDDERS
SUBMISSION OF BIDS
EVALUATION OF BIDS
WITHDRAWAL OF BIDS
BID SECURITY
EXAMINATION OF WORK
EXECUTION OF CONTRACT

1.

DEFINITION OF TERMS

11.
12.
13.
14.
15.
16.
17.
18.

CONTRACT TERMINATION
TAXES
PREFERENCE FOR LABOR AND
MATERIALS
PAYMENT
APPROVAL OF MATERIALS
SOIL BORINGS
PERIOD OF GUARANTEE AND BOND
DESCRIPTION OF BID ALTERNATES

A. "Owner", and "City" shall mean the City of LeClaire, Iowa, acting through the City
Council or an authorized representative of the City Council.
B. "Person" shall mean any individual, partnership, society, association, joint stock
company, corporation, estate, receiver, trustee, assignee or referee, whether
appointed by a court or otherwise, and any combination of individuals.
C. "Bidder" shall mean any person who submits a proposal to furnish the work
described in the Contract Documents.
D. "Contractor" shall mean the person with whom the Owner may enter into contract
for the execution of the work specified.
E. "Subcontractor" shall mean the person supplying materials, labor, equipment and
appurtenances for the work, such person having contractual relations with the
Contractor, but not with the Owner.
F. "Engineer" shall mean Veenstra & Kimm, Inc., with offices in West Des Moines, Iowa,
and Rock Island, Illinois.
G. "Standard Drawings" shall mean construction detail drawings bound with these
specifications.
IB-1
561176

Instructions to Bidders
H. "Work" shall mean the work to be done and the equipment, supplies and materials
to be furnished under the contract, unless some other meaning is indicated by the
context.
I. "Or Equal" shall follow manufacturers' names used to establish standards and, if not
stated, is implied.
J. "Station", "Sta." shall mean one hundred (100) linear feet measure.
2.

CONTRACT DOCUMENTS
A. Contract Documents, sometimes referred to as the "plans and specifications", shall
mean and include the following parts as used herein:
1. Notice of Public Hearing
2. Official Notice to Bidders
3. Instructions to Bidders
4. Proposal
5. Contract
6. Bond
7. General Conditions
8. Special Conditions
9. Plans List
10. Detailed Specifications
11. Plans listed in the Specifications
12. Numbered addenda issued to the foregoing.

3.

METHOD OF BIDDING
A. Bidders shall submit unit prices for the work covered by the plans and specifications.
Prices shall cover complete work and include all costs incidental thereto, unless
indicated otherwise.
B. Bids will be computed using quantities shown in proposal. Unit price quantities are
approximate and only for comparison of bids. Engineer retains right to change
location, quantities and combination of units as may be required during progress of
construction. Compensation due Contractor will be computed on basis of final
quantities of completed work.
1. In the event of discrepancies between unit prices and unit price extensions listed
in bidder's proposal, unit prices shall govern and unit price extensions and total

IB-2
561176

Instructions to Bidders
bid shall be corrected, as necessary, for agreement with unit prices. The total
price will be determined on the basis of corrected extensions of the unit prices.
2. In the case of an obvious and serious clerical or entry error in the Proposal where
the City is able to clearly determine the bidder’s intent from the Proposal the
City may waive irregularities that are in the best interest of the City as long as
the integrity of the bidding process is not affected by waiving the clerical or entry
irregularity.
C. Unit prices for payment items included in the specifications, but not listed in the
Proposal, will be negotiated, if needed.
D. Bids will be evaluated on the basis of work shown on the plans and specifications.
Low bidder will be determined based on lowest responsible bidder submitting the
lowest responsive bid as deemed in the best interest of the City for the project.
E. Bidder shall submit bid for Bid Alternate 1 and Bid Alternate 2; prices for identical
bid items in different project scope proposals may differ; Owner will make award of
contract for project scope selected which is in the best interest of the Owner; Owner
will select one Bid Alternate design; Selection of bid alternate is at sole discretion of
Owner; Owner is not obligated to select bid alternate with lowest overall bid; award
of contract will be made to lowest responsible bidder submitting lowest acceptable
bid for selected bid alternate.
4.

QUALIFICATIONS OF BIDDERS
A. Bidders shall be prepared to satisfy Owner as to integrity, experience, adequacy of
equipment and personnel, and financial ability to perform work specified.
B. If successful bidder is a non-Iowa corporation, he shall submit proof to Owner prior
to execution of contract that he has been authorized by Secretary of State to do
business in Iowa.
C. Bidders upon request shall submit evidence of current registration as a contractor
with Iowa Department of Labor.

5.

SUBMISSION OF BIDS
A. Bidders shall submit the Proposal stamped "Official Bid". The Proposal stamped
"Official Bid" is considered the original Proposal and shall be used for bidding.

IB-3
561176

Instructions to Bidders
Submit in a sealed envelope. Envelope shall bear the return address of the bidder
and shall be addressed as follows:
To:
City Administrator
City of LeClaire
325 Wisconsin Street
LeClaire, Iowa 52753

Proposal for:
12th and Davenport Street Storm
Improvements

B. Bids shall be signed by a legally authorized representative of the bidder.
C. Bidders shall submit the specified bid security included with the Proposal.
D. Mark each envelope with "Sealed Bid. Do Not Open."
E. Bidders shall submit the Bidder Status Form with the Proposal.
6.

EVALUATION OF BIDS
A. Award of contract will be made on the lowest, responsive, responsible bid that is in
the best interest of the City of LeClaire.
B. Time of completion of the work, delivery dates, experience, and responsibility of the
bidder will be considered in determining which bid is in the Owner's best interests.
C. Low bid will be determined on basis of lowest responsive bid from responsible
bidder.

7.

WITHDRAWAL OF BIDS
A. A bidder may withdraw his bid at any time prior to scheduled closing time for a
receipt of bids, but no bid shall be withdrawn for a period of 60 calendar days
thereafter.

8.

BID SECURITY
A. Each bid shall be accompanied by bid security in the form and amount set out in the
Notice to Bidders.

IB-4
561176

Instructions to Bidders
B. Bid security shall be enclosed in the sealed envelope with the bid or in a separate
sealed envelope.
C. The bid security shall be forfeited and become the property of the Owner in case the
Bidder fails or refuses to enter into contract and to furnish bond within 10 calendar
days after his proposal shall have been accepted.
D. Bid security of the unsuccessful bidders will be returned as soon as the successful
bidder is determined or within 30 calendar days, whichever is sooner; bid security of
successful bidder will be returned upon execution of contract and furnishing of
bond.
E. Bidders shall use bid bond form included with specifications.
9.

EXAMINATION OF WORK
A. Bidders shall familiarize themselves with the specifications and with all conditions
which will affect construction. It will be assumed that bidders have conducted a
personal examination of the job and the physical conditions affecting the work.

10.

EXECUTION OF CONTRACT
A. The successful bidder shall enter into a written contract with the Owner, within 10
days after acceptance of his proposal on the forms included with these
specifications, for the performance of the work awarded to him.
B. The contract, when executed, shall be deemed to include the entire agreement
between the parties hereto, and the Contractor shall not claim any modification
thereof resulting from any representation or promise made at any time by any
representative of the Owner or any other person.

11.

CONTRACT TERMINATION
A. Provisions of law, as contained in Chapter 573A of the Code of Iowa, shall apply to
and be a part of this contract. Chapter 573A provides for termination of contracts for
construction of public improvements when construction or work thereon is stopped
because of a national emergency. The provisions of Chapter 573A shall be binding
upon all parties thereto, including subcontractors and sureties upon any bond given
or filed in connection therewith.

IB-5
561176

Instructions to Bidders
12.

TAXES
A. Bidders shall include in proposals all amounts payable by Contractor or Owner on
account of taxes imposed by any taxing authority upon sale, purchase or use of
materials and equipment covered by the contract. All taxes of foregoing descriptions
shall be paid by Contractor.
B. After delivery of materials and equipment, Contractor shall submit to Owner a
statement (Iowa Department of Revenue Form 35-002) of all taxes of foregoing
descriptions which he has paid on materials and equipment incorporated in
complete construction.
C. Successful bidder is subject to payment of Iowa income tax on income from this
work in amounts prescribed by law. If successful bidder is a non-Iowa partnership,
individual or association, he shall furnish evidence prior to execution of contract,
that bond or securities have been posted with the Iowa Department of Revenue in
the amount required by law.

13.

PREFERENCE FOR LABOR AND MATERIALS
A. By virtue of statutory authority, preference will be given to products and provisions
grown and coal produced within the State of Iowa, and to Iowa domestic labor, to
the extent lawfully required under Iowa Statutes; provided that the award of
contract will be made to the lowest responsible bidder submitting the lowest
responsive bid.
B. The Iowa Reciprocal Preference Act (SF2160) applies to the contract with respect to
bidders who are not Iowa residents.
1. In accordance with the requirements of the Iowa Department of Labor all
bidders must submit a fully completed Bidder Status Form. The Bidder Status
Form must be included with and is considered an essential attachment to the
Proposal. Any Proposal that does not include a fully completed Bidder Status
Form may result in the Proposal being determined non-responsive.

14.

PAYMENT
A. Payment will be made as set forth in Notice to Bidders.

IB-6
561176

Instructions to Bidders
B. Payment will be made on the basis of estimates prepared by Contractor and
approved by Engineer, solely for the purpose of payment; approval by Engineer shall
not be deemed approval of workmanship or materials.
15.

APPROVAL OF MATERIALS
A. Approval of substitutions of any materials or equipment other than that specified
shall be obtained in writing from Engineer. Otherwise, it will be assumed Contractor
will furnish materials or equipment specified.

16.

SOIL BORINGS
A. No soil boring has been made along proposed route of work. Bidders shall familiarize
themselves with the actual and anticipated soil conditions. Soil conditions and
groundwater actually encountered during construction may vary from conditions
experienced during bidding examination.
B. Obtain approval of Owner to make soil borings along proposed route of work.
C. Bidders are responsible for obtaining utility locations for any borings and for all
utilities damaged by the boring activities.

17.

PERIOD OF GUARANTEE AND BOND
A. Contractor shall guarantee work for a period of two (2) years from date of final
acceptance as provided for in the Code of Iowa. Surety bond furnished by Contractor
shall run for a like period.

18.

DESCRIPTION OF BID ALTERNATES
A. Bid Alternate 1 – Construct improvements per Plan Drawings including C-Sheets
C.1.1, C.2.1 and C.3.
B. Bid Alternate 2 – Construct improvements per Plan Drawings including C-Sheets
C.1.2, C.2.2 and C.3.

IB-7
561176

PROPOSAL
12TH AND DAVENPORT STREET STORM IMPROVEMENTS
LECLAIRE, IOWA
Name of Bidder
Address of Bidder
To: City Council
City of LeClaire
325 Wisconsin Street
LeClaire, Iowa 52753
The undersigned bidder submits herewith bid security amounting to five percent (5%) of the
total amount of the bid which shall become the property of the City of LeClaire should the
undersigned fail or refuse to execute a contract and to furnish bond as called for in the
specifications within the time provided.
The undersigned bidder, having examined the Contract Documents, and having familiarized
himself with the nature and location of the work to be done and the conditions under which
the work will be performed, hereby proposes to provide the required labor, services and
materials and to perform the work described in the specifications, and addenda
,
,
and
, within the time and for the sum or sums stated hereinafter on attached proposal
schedule, which proposal schedule is hereby made a part of this Proposal.
The undersigned bidder certifies that this proposal is made in good faith, without collusion or
connection with any other person or persons bidding on the work.
The undersigned bidder states that this proposal is made in conformity with the specifications
and agrees that in the event of any discrepancies or differences between any conditions of his
proposal and the specifications prepared by VEENSTRA & KIMM, INC., that the provisions of the
latter shall prevail.
Bidder
By
Title

P-1
561176

Proposal
PROPOSAL SCHEDULE
12TH AND DAVENPORT STREET STORM IMPROVEMENTS
1.
Item
No.
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1.10
1.11
1.12
1.13
1.14
1.15
1.16
1.17
1.18
1.19
1.20
1.21
1.22
1.23
1.24
1.25
1.26
1.27
1.28

Bid Alternate 1: Construct 12th and Davenport Street Storm Improvements for the
following unit and lump sum prices:
Description
Excavation (Includes ditch shaping)
Granular Subbase, 6” Thick
3” HMA Pavement Patching
Granular Surfacing, 6" Thick
Aprons, Concrete, 12 In. Dia.
Aprons, Concrete, 24 In. Dia.
Apron, Low Clearance Conc, Equiv Dia 30"
Manhole, Storm Sewer, SW-401, 60 in.
Manhole, Storm Sewer, SW-401, 84 in.
Manhole, Storm Sewer, SW-406, 5'x5' (Modified)
Intake, SW-512, 24 in.
Storm Sewer Gravity Main, Trenched, 12 in.
Storm SWR G-Main,Trenched, RCP 3000D,24"
Storm SWR G-M,Trenched, 2000D Low, 30" EQ.
Rmv Storm SWR Pipe LE 36"
Erosion Stone
Removal of Pavement
Removal of Intakes
Removal of Sidewalk
Sidewalk, P.C. Concrete, 4 in.
Construction Survey
Traffic Control
Mobilization
Trench Foundation
Hydraulic Seeding, Fertiliz & Mulch Native Seed
Hydraulic Seeding, Fertiliz & Mulch Lawn Seed
Temp. Rolled Erosion Control Products, Type 2
Erosion Control

Unit
CY
SY
SY
SY
Ea.
Ea.
Ea.
Ea.
Ea.
Ea.
Ea.
LF
LF
LF
LF
Ton
SY
Ea.
SF
SF
LS
LS
LS
Ton
SY
SY
SY
LS

Estimated
Quantity
280
300
275
90
1
1
3
2
1
1
1
48
456
88
25
40
300
1
130
130
1
1
1
50
460
1370
1230
1

Total Bid Alternate 1 (Items 1.1-1.28)

P-2
561176

$

$

Unit
Price

$

Extended
Price

Proposal
2.
Item
No.
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13
2.14
2.15
2.16
2.17
2.18
2.19
2.20
2.21
2.22
2.23
2.24
2.25
2.26
2.27
2.28

Bid Alternate 2: Construct 12th and Davenport Street Storm Improvements for the
following unit and lump sum prices:
Description
Excavation (Includes ditch shaping)
Granular Subbase, 6” Thick
3” HMA Pavement Patching
Granular Surfacing, 6" Thick
Aprons, Concrete, 12 In. Dia.
Aprons, Concrete, 24 In. Dia.
Apron, Low Clearance Conc, Equiv Dia 30"
Manhole, Storm Sewer, SW-401, 60 in.
Manhole, Storm Sewer, SW-401, 84 in.
Manhole, Storm Sewer, SW-406, 5'x5' (Modified)
Intake, SW-512, 24 in.
Storm Sewer Gravity Main, Trenched, 12 in.
Storm SWR G-Main,Trenched, RCP 3000D,24"
Storm SWR G-M,Trenched, 2000D Low, 30" EQ.
Rmv Storm SWR Pipe LE 36"
Erosion Stone
Removal of Pavement
Removal of Intakes
Removal of Sidewalk
Sidewalk, P.C. Concrete, 4 in.
Construction Survey
Traffic Control
Mobilization
Trench Foundation
Hydraulic Seeding, Fertiliz & Mulch Native Seed
Hydraulic Seeding, Fertiliz & Mulch Lawn Seed
Temp Rolled Erosion Control Products, Type 2
Erosion Control

Unit
CY
SY
SY
SY
Ea.
Ea.
Ea.
Ea.
Ea.
Ea.
Ea.
LF
LF
LF
LF
Ton
SY
Ea.
SF
SF
LS
LS
LS
Ton
SY
SY
SY
LS

Estimated
Quantity
230
300
275
90
1
1
1
2
0
2
1
48
456
180
25
20
300
1
130
130
1
1
1
50
340
1490
1230
1

Total Bid Alternate 2 (Items 2.1-2.28)

$

Unit
Price

$

Extended
Price

$

3. The work will commence within ten (10) calendar days after the date set forth in written
Notice to Proceed. All work on the project shall be completed by the completion dates as
set out in the Notice to Bidders.
4. Liquidated damages in the amount of Two Hundred Dollars ($200.00) per consecutive
calendar day will be assessed for each day that work 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.
P-3
561176

Bidder Status Form
Part A

To be completed by all bidders
Please answer “Yes” or “No” for each of the following:
Yes

No

Yes
Yes
Yes

No
No
No

Yes

No

My company is authorized to transact business in Iowa.
(To help you determine if your company is authorized, please review the worksheet on the next page).
0\FRPSDQ\KDVDQRI¿FHWRWUDQVDFWEXVLQHVVLQ,RZD
0\FRPSDQ\¶VRI¿FHLQ,RZDLVVXLWDEOHIRUPRUHWKDQUHFHLYLQJPDLOWHOHSKRQHFDOOVDQGHPDLO
0\FRPSDQ\KDVEHHQFRQGXFWLQJEXVLQHVVLQ,RZDIRUDWOHDVW\HDUVSULRUWRWKH¿UVWUHTXHVWIRU
bids on this project.
My company is not a subsidiary of another business entity or my company is a subsidiary of another
business entity that would qualify as a resident bidder in Iowa.
,I\RXDQVZHUHG³<HV´IRUHDFKTXHVWLRQDERYH\RXUFRPSDQ\TXDOL¿HVDVDUHVLGHQWELGGHU3OHDVH
complete Parts B and D of this form.
If you answered “No” to one or more questions above, your company is a nonresident bidder. Please
complete Parts C and D of this form.

Part B

To be completed by resident bidders
0\FRPSDQ\KDVPDLQWDLQHGRI¿FHVLQ,RZDGXULQJWKHSDVW\HDUVDWWKHIROORZLQJDGGUHVVHV
Dates:

/

/

to

/

/

Address:
City, State, Zip:

Dates:

/

/

to

/

/

Address:
City, State, Zip:

Dates:

/

/

to

/

You may attach additional sheet(s) if needed.

/

Address:
City, State, Zip:

Part C

To be completed by non-resident bidders
1. Name of home state or foreign country reported to the Iowa Secretary of State:
2. Does your company’s home state or foreign country offer preferences to resident bidders, resident labor
force preferences or any other type of preference to bidders or laborers?

Yes

No

3. If you answered “Yes” to question 2, identify each preference offered by your company’s home state or foreign country
and the appropriate legal citation.

You may attach additional sheet(s) if needed.

Part D

To be completed by all bidders

I certify that the statements made on this document are true and complete to the best of my knowledge and I know that my failure
to provide accurate and truthful information may be a reason to reject my bid.
6LJQHG1DPH

6LJQDWXUH:
Date:

)LUP1DPH
(PDLO$GGUHVV

3KRQH1XPEHU
This form has been approved by the Department of Administrative Services Director.
309-6001 (10-24)

Worksheet: Authorization to Transact Business
This worksheet may be used to help complete Part A of the Resident Bidder Status form. If at least one of the following
describes your business, you are authorized to transact business in Iowa.

Yes

No

My business is currently registered as a contractor with the Iowa Division of Labor.

Yes

No

My business is a sole proprietorship and I am an Iowa resident for Iowa income tax purposes.

Yes

No

My business is a general partnership or joint venture. More than 50 percent of the general
partners or joint venture parties are residents of Iowa for Iowa income tax purposes.

Yes

No

My business is an active corporation with the Iowa Secretary of State and has paid all fees
UHTXLUHGE\WKH6HFUHWDU\RI6WDWHKDV¿OHGLWVPRVWUHFHQWELHQQLDOUHSRUWDQGKDVQRW¿OHG
articles of dissolution.

Yes

No

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WKHFRUSRUDWLRQKDVUHFHLYHGDFHUWL¿FDWHRIDXWKRULW\IURPWKH,RZDVHFUHWDU\RIVWDWHKDV¿OHG
LWVPRVWUHFHQWELHQQLDOUHSRUWZLWKWKHVHFUHWDU\RIVWDWHDQGKDVQHLWKHUUHFHLYHGDFHUWL¿FDWHRI
withdrawal from the secretary of state nor had its authority revoked.

Yes

No

0\EXVLQHVVLVDOLPLWHGOLDELOLW\SDUWQHUVKLSZKLFKKDV¿OHGDVWDWHPHQWRITXDOL¿FDWLRQLQWKLV
state and the statement has not been canceled.

Yes

No

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VWDWHRWKHUWKDQ,RZDKDV¿OHGDVWDWHPHQWRIIRUHLJQTXDOL¿FDWLRQLQ,RZDDQGDVWDWHPHQWRI
FDQFHOODWLRQKDVQRWEHHQ¿OHG

Yes

No

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FHUWL¿FDWHRIOLPLWHGSDUWQHUVKLSLQWKLVVWDWHDQGKDVQRW¿OHGDVWDWHPHQWRIWHUPLQDWLRQ

Yes

No

0\EXVLQHVVLVDOLPLWHGSDUWQHUVKLSRUDOLPLWHGOLDELOLW\OLPLWHGSDUWQHUVKLSZKRVHFHUWL¿FDWHRI
OLPLWHGSDUWQHUVKLSLV¿OHGLQDVWDWHRWKHUWKDQ,RZDWKHOLPLWHGSDUWQHUVKLSRUOLPLWHGOLDELOLW\
OLPLWHGSDUWQHUVKLSKDVUHFHLYHGQRWL¿FDWLRQIURPWKH,RZDVHFUHWDU\RIVWDWHWKDWWKHDSSOLFDWLRQ
IRUFHUWL¿FDWHRIDXWKRULW\KDVEHHQDSSURYHGDQGQRQRWLFHRIFDQFHOODWLRQKDVEHHQ¿OHGE\WKH
limited partnership or the limited liability limited partnership.

Yes

No

0\EXVLQHVVLVDOLPLWHGOLDELOLW\FRPSDQ\ZKRVHFHUWL¿FDWHRIRUJDQL]DWLRQLV¿OHGLQ,RZDDQGKDV
QRW¿OHGDVWDWHPHQWRIWHUPLQDWLRQ

Yes

No

0\EXVLQHVVLVDOLPLWHGOLDELOLW\FRPSDQ\ZKRVHFHUWL¿FDWHRIRUJDQL]DWLRQLV¿OHGLQDVWDWHRWKHU
WKDQ,RZDKDVUHFHLYHGDFHUWL¿FDWHRIDXWKRULW\WRWUDQVDFWEXVLQHVVLQ,RZDDQGWKHFHUWL¿FDWH
has not been revoked or canceled.

309-6001 (10-24)

BID BOND
KNOW ALL MEN BY THESE PRESENTS: That we,
of

as Principal and

of
as Surety, are
held and firmly bound unto the City of LeClaire, Iowa, hereinafter defined as Obligee, in the
penal sum of five percent (5%) of the total amount of the bid ($
),
for which payment said Principal and Surety bind themselves, their heirs, executors,
administrators, successors, and assigns jointly and severally, firmly by these presents.
The condition of the above obligation is such that the Principal has submitted to the City of
LeClaire, Iowa, a certain bid, in a sealed envelope, and hereby made a part hereof to enter into
a contract in writing, for: 12th and Davenport Street Storm Improvements.
NOW THEREFORE, if the said bid by said Principal be accepted, and the Principal shall enter into
a contract with the Obligee in accordance with the terms of such bid, and give such bond as
may be specified in the contract documents with good and sufficient surety for the faithful
performance of such contract, for the prompt payment of labor and material furnished in the
prosecution thereof, and for the maintenance of said improvements as may be required
therein, then this obligation shall become null and void or in the event of the failure of the
Principal to enter such contract and give such bond, the Principal shall pay to the Obligee the
full amount of the bid bond, together with court costs, attorney's fees, and any other expense
of recovery.
Signed and sealed this

day of

, 2026.

Principal
By

Contractor's Signature

Surety
By

BB-1
561176

Attorney-in-Fact

CONTRACT
THIS AGREEMENT, made and entered into this
day of
, 2026, by
and between the City of LeClaire, Iowa, party of the first part, hereinafter referred to as the
"Owner", and
party of the second part, hereinafter referred to as the "Contractor".
WITNESSETH: THAT WHEREAS, the Owner has heretofore caused to be prepared certain
specifications and proposal blanks, dated the
day of
, 2026, for
th
12 and Davenport Street Storm Improvements, under the terms and conditions therein fully
stated and set forth, and,
WHEREAS, said specifications and proposal blanks accurately and fully describe the terms and
conditions upon which the Contractor is willing to perform the work specified:
NOW, THEREFORE, IT IS AGREED:
1.

That the Owner hereby accepts the proposal of the Contractor for the work, as follows:

C-1
561176

Contract
2.

That this contract consists of the following component parts which are made a part of
this agreement and contract as fully and absolutely as if they were set out in detail in
this contract:
A. Contract Documents, including:
1. Notice of Public Hearing
2. Official Notice to Bidders
3. Instructions to Bidders
4. Proposal
5. Bond
6. General Conditions
7. Special Conditions
8. Plans List
9. Detailed Specifications
10. Numbered addenda issued to the foregoing
B. This Instrument.
C. The above components are complementary and what is called for by one shall be as
binding as if called for by all.

3.

That payments are to be made to the Contractor in accordance with and subject to the
provisions embodied in the documents made a part of this contract.

4.

That this contract is executed in triplicate.

IN WITNESS WHEREOF, the parties hereto have hereunto set their hand and seal the date first
written above.
CONTRACTOR

CITY OF LECLAIRE, IOWA

By

Mayor

Title
ATTEST:

ATTEST:

City Administrator
Title
C-2
561176

BOND
KNOW ALL PERSONS: That we,
of

, hereinafter called the Principal, and

hereinafter called the surety, are held and firmly bound unto the City of LeClaire, Iowa,
hereinafter called the Owner in the sum of
Dollars ($
for the payment whereof the Principal and Surety bind themselves, their heirs, executors,
administrators, successors, and assigns, jointly and severally, firmly, by these presents.

,
),

WHEREAS, the principal has, by means of a written Agreement dated
, 2026,
entered into a Contract with the Owner for 12th and Davenport Street Storm Improvements,
which Agreement includes a guarantee of all work against defective workmanship and materials
for a period of two (2) years from the date of final acceptance of the work by the Owner, a copy
of which Agreement is by reference made a part hereof;
NOW, THEREFORE, the condition of this Obligation is such that, if the Principal shall faithfully
perform the Contract on his part and shall fully indemnify and save harmless the Owner from all
costs and damage which he may suffer by reason of failure so to do and shall fully reimburse
and repay the Owner all outlay and expense which the Owner may incur in making good any
such default,
And further, that if the Principal shall pay all persons who have contracts directly with the
Principal for labor or materials, failing which such persons shall have a direct right of action
against the Principal and Surety under this Obligation, subject to the Owner's priority,
Then this Obligation shall be null and void, otherwise it shall remain in full force and effect.
Provided, however, that no suit, action or proceeding by reason of any default whatever shall
be brought on this Bond after three (3) years from the date of final acceptance of the work.
And Provided, that any alterations which may be made in the terms of the Contract, or in the
work to be done under it, or the giving by the Owner of any extension of time for the
performance of the Contract, or any other forbearance on the part of either the Owner or the
Principal to the other shall not in any way release the Principal and the Surety, or either of
them, their heirs, executors, administrators, successors or assigns from their liability hereunder,
notice to the Surety of any such alteration, extension or forbearance being hereby waived.
And Further Provided, the Principal and Surety on this Bond hereby agree to pay all persons,
firms, or corporations having contracts directly with the Principal or with subcontractors all just
claims due them for labor performed or material furnished, in the performance of the Contract
on account of which this Bond is given, when the same are not satisfied out of the portion of
the contract price which the Owner shall retain until completion of the improvements, but the
Principal and Surety shall not be liable to said persons, firms, or corporations unless the claims
of said claimants against said portions of the contract price shall have been established as
provided by law.
B-1
561176

Bond
The Surety on this Bond shall be deemed and held, any contract to the contrary
notwithstanding, to consent without notice:
a. To the extension of time to the Principal in which to perform the Contract.
b. To changes in the plans, specifications, or Contract, when such changes do not involve an
increase of more than twenty percent (20%) of the total contract price and shall then be
released only as to such excess increase.
c. That no provision of this Bond or of any other contract shall be valid which limits to less
than three (3) years from the date of final acceptance of the work the right to sue on this
Bond for defects in workmanship or materials not discovered or known to the Owner at
the time such work was accepted.
The Bond is executed in triplicate.
Signed and Sealed this

day of

, 2026.
PRINCIPAL:
Contractor
Signature
Title
SURETY:
Surety Company
Signature, Attorney-in-Fact
Name of Attorney-in-Fact
Company Name
Company Address (Including Zip Code)
Company Telephone Number
B-2
561176

CITY OF LECLAIRE, IOWA
325 WISCONSIN STREET
LECLAIRE, IOWA 52753

TEL: (563)-289-4242

FAX: (563)-289-6016

WWW.LECLAIREIOWA.GOV

"HOLD-HARMLESS, WAIVER OF LIABILITY, AND INDEMNIFICATION AGREEMENT"
The undersigned,
, and any person(s) claiming through or under the undersigned and any
respective sureties, covenant and agree to defend, protect, completely indemnify, and hold harmless the CITY OF LECLAIRE, IOWA, its agents,
employees, and assigns from any and all actions, claims demands for damages, expenses, (including attorney's fees), or liability of any kind or nature
whatsoever, which may be occasioned by or arising out of any accident or other occurrence causing or inflicting injury and/or damage to any
person(s) or injury and/or damage to property, in, upon, about, or on public property adjacent to the following described property:

as referenced in an approved project plan set.
which may in any way be caused by the accidental, intentional, or negligent action of the undersigned or any person(s) claiming through or under the
undersigned, or which may result therefrom as a result of the authorized use, occupancy, or tenancy of the above-described property for the
following listed actions or events:

12th and Davenport Street Storm Improvements
ANY AND ALL ACTIVITIES CONDUCTED IN CONJUNCTION WITH : ____________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
The undersigned further covenants and agrees that they have or will, at their own expense, procure and maintain for the duration of the abovedescribed activity, not less than $1,000,000 in casualty and liability insurance in a responsible company or companies authorized to do business in
the State of Iowa, LISTING THE CITY OF LECLAIRE AS A NAMED, ADDITIONAL INSURED, all as approved by the City.
DATED THIS THE _________DAY OF ____________, 20__.

___________________________________
(Approval and Acceptance by the
City of LeClaire)

X_________________________________
(Signature of Requesting Person,
Group or Corporation)

HH-1
561176

GENERAL CONDITIONS
INDEX
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.

17.
18.

CONTRACT DOCUMENTS
SURETY BOND
CONTRACTOR'S RESPONSIBILITY
SUBCONTRACTS
CONTRACTOR'S EMPLOYEES
PERMITS AND REGULATIONS
PATENTS
GUARANTEE
SHOP DRAWINGS
THE ENGINEER
PLANS AND SPECIFICATIONS
INTERPRETATION OF PLANS AND
SPECIFICATIONS
DECISIONS BY ENGINEER
WORKMANSHIP AND MATERIALS
ON-SITE REVIEW OR OBSERVATION
RESIDENT ENGINEER AND/OR
ENGINEER TECHNICIANS
TESTS
TIME

1.

CONTRACT DOCUMENTS

13.
14.
15.
16.

19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.

DELAYS
CHANGES
EXTRA WORK
OWNERSHIP OF MATERIALS
OTHER CONTRACTS
OWNER'S RIGHT TO DO WORK
OWNER'S RIGHT TO TERMINATE
CONTRACT
CONTRACTOR'S RIGHT TO STOP
WORK OR TERMINATE CONTRACT
PAYMENTS WITHHELD
ACCEPTANCE AND FINAL PAYMENT
SUSPENSION OF WORK
CLEANING UP
HAZARDOUS MATERIALS
IOWA HAZARDOUS CHEMICAL RISKS
RIGHT-TO-KNOW LAW
EQUAL OPPORTUNITY REQUIREMENT
/NON-DISCRIMINATION

A. All documents listed or identified as part of contract are each and all essential and
component parts of agreement between Owner and Contractor.
B. Contract Documents shall be signed in triplicate by Owner and Contractor.
C. Contract Documents are complementary, and what is called for by any one shall be
as binding as if called for by all. The intention of the documents is to include all labor
and materials, equipment and transportation necessary for proper execution of
work. It is not intended that materials or work not covered by or properly inferable
from any heading, branch, class or trade of the specifications shall be supplied
unless distinctly noted. Materials or work described in words, which have a wellknown technical or trade meaning, shall be held to refer to such recognized
standards.
D. All work and materials on this project shall be constructed in accordance with the
most current versions of the SUDAS Specifications and Iowa DOT Specifications,
GC-1
561176

General Conditions
except as modified by the Plans, Special Conditions or Special Provisions, and
Manual on Uniform Traffic Control (MUTCD), unless otherwise noted on the plans or
contract documents.
2.

SURETY BOND
A. Contractor shall furnish a good and sufficient surety bond in full amount of contract
prior to signing contract. Surety bond shall guarantee faithful performance of all
provisions of contract and payment of all bills and obligations arising from said
contract. Should surety become irresponsible during time contract is in force, Owner
may require additional and sufficient sureties. Contractor shall furnish said
additional sureties to satisfaction of Owner within ten (10) days after written notice
to do so. In default thereof, the contract may be suspended as hereinafter provided.

3.

CONTRACTOR'S RESPONSIBILITY
A. Contractor shall assume full responsibility for safekeeping of all materials and
equipment and for all unfinished work until final acceptance by Owner. Materials
and equipment which are damaged or destroyed from any cause shall be replaced at
Contractor's expense.
B. Contractor shall indemnify and save harmless Owner against any liens filed for nonpayment of Contractor's bills in connection with contract work. Contractor shall
furnish Owner satisfactory evidence that all persons who have done work or
furnished materials, equipment, or service of any type, under the contract have
been fully paid prior to acceptance of work by Owner.
C. Contractor shall erect and maintain such barriers and lights as will prevent accidents
as a consequence of its work. It shall indemnify and save harmless the Owner and its
agents from all suits brought against Contractor for any injuries received or
sustained by any person or persons by or through Contractor, its servants, or agents,
in construction of work, or by or in consequence of any acts or omissions or
negligence in performing contract work.

4.

SUBCONTRACTS
A. Contractor shall not assign, sub-let or transfer the whole or any part of work herein
specified without written consent of Owner. Assignment, sub-letting or transfer shall
not relieve Contractor from its responsibilities set forth herein.

GC-2
561176

General Conditions
B. Detailed specifications are separated into titled parts for convenience or reference
and to facilitate letting of contracts and subcontracts. Such arrangement shall not
obligate Engineer to establish limits on contracts between Contractors and
subcontractors.
5.

CONTRACTOR'S EMPLOYEES
A. Contractor shall personally supervise its work or provide a capable superintendent
satisfactory to Engineer. Superintendent shall be authorized to receive instructions
from Engineer.
B. Incompetent or incorrigible employees shall be dismissed by the Contractor or its
representative when requested by Engineer. Such dismissed persons shall not be
permitted to return to work without written consent of Engineer.
C. Contractor shall give preference to local labor in execution of this contract, insofar
as is practicable.

6.

PERMITS AND REGULATIONS
A. In execution of work specified herein, Contractor shall conform to regulations and
ordinances of any governmental body which may apply in execution of specified
work. Contractor shall obtain such permits and licenses as may be required for
construction of work.

7.

PATENTS
A. All fees or royalties for patented inventions, equipment or arrangements used in
construction or erection of work, or any part thereof, shall be included in the
contract price. Contractor shall protect and hold harmless Owner against any and all
claims or litigation by reason of infringement of any patent rights on any materials,
equipment of construction furnished by Contractor.

8.

GUARANTEE
A. Contractor shall guarantee all work against faulty workmanship and materials for the
period specified after date of final acceptance of work by Owner unless otherwise
set out in "SPECIAL CONDITIONS" or “INSTRUCTIONS TO BIDDERS”. Contractor shall
repair or replace any defective workmanship and materials in a manner acceptable
to Owner, without expense to Owner, within ten (10) days after written notification
by Owner of such defect. If said repairs or replacements are not made within ten
(10) days, Owner may make said repairs or replacements and charge the cost to
Contractor.
GC-3
561176

General Conditions
B. Contractor shall provide Owner with a good and sufficient surety maintenance bond
in the full amount of contract prior to signing contract. Maintenance bond shall run
for the period specified from time of acceptance to protect Owner from faulty
workmanship and materials as outlined in preceding paragraph.
9.

SHOP DRAWINGS
A. Contractor shall provide Engineer with drawings, data and information regarding
materials or equipment specified, or as may be called for by Engineer, for its review,
within a reasonable time after award of contract. After review, Engineer shall return
to Contractor one copy within a reasonable time after receipt.
1. Submit electronic copies of all shop drawing submittals.
B. Fabrication and shipment of materials or equipment prior to Engineer's review of
drawings, data and information mentioned above shall be at Contractor's risk.

10.

THE ENGINEER
A. Engineer shall make general observation of work as agent of Owner. Engineer's
general observation shall not be construed that it shall direct or control operations
of Contractor.

11.

PLANS AND SPECIFICATIONS
A. Engineer shall provide Contractor with 5 sets of plans and specifications after
execution of contract. If additional plans and specifications are required, Contractor
shall compensate Engineer for costs of printing.
B. Engineer shall provide Contractor with additional and supplemental plans as may be
required to show details of construction after approval of manufacturers' drawings
and data on materials and equipment.
C. Engineer will provide Contractor with such revised plans and specifications as may
be required to show any authorized changes or extra work.

12.

INTERPRETATION OF PLANS AND SPECIFICATIONS
A. Plans and specifications shall be interpreted by Engineer. Its decision shall be final
and binding on all parties concerned.

GC-4
561176

General Conditions
B. Contractor will not be allowed to take advantage of errors or omissions in plans and
specifications. Engineer will provide full instructions when errors or omissions are
discovered.
13.

DECISIONS BY ENGINEER
A. Engineer shall make decisions, in writing, on claims between Contractor and Owner
within a reasonable time after presentation. Such decisions shall be regarded as final
except for appropriate legal recourse.

14.

WORKMANSHIP AND MATERIALS
A. All work done and all materials and equipment furnished by Contractor shall
conform to plans and specifications. Competent labor and tradesmen shall be used
on all work. Experienced manufacturers' representatives shall be used to supervise
installation of equipment.
B. In absence of detailed specifications in other sections, all materials shall conform to
standards of American Society for Testing Materials.
C. Wherever items of materials or equipment are specified by a manufacturer's name
and type, or equal, it is the intent that materials or equipment of other
manufacturers, equal in quality and performance, may be substituted. Such
substitution may be made only with written authorization of Engineer.
D. Wherever items of materials or equipment are specified by a manufacturer's name
and type, or equal, and additional features of items are specifically required by
specifications, additional features specified shall be provided whether or not they
are normally included in standard manufacturer's items listed.
E. Wherever items of materials or equipment are specified by a manufacturer's name
and type, or equal, and specified items are or become obsolete and no longer
available, Contractor shall provide acceptable equal items which are currently
available at no change in contract price.
F. When proposing "or equal" items or substitutions, Contractor shall furnish general
arrangement drawings, full descriptive data, manufacturer's specifications and such
performance data as required to satisfy Engineer that materials or equipment
proposed are equal to that specified. Burden of proof of equality shall be
responsibility of Contractor.
GC-5
561176

General Conditions
G. Whenever items of materials or equipment are specified by a manufacturer's name
and type and 'or equal" is not listed, Contractor shall provide specified equipment
without substitution, unless prior approval of Engineer is obtained for any
substitution.
H. Contractor shall abide by Engineer's decision when proposed substitutes of material
or equipment are deemed to be unacceptable and in such an event Contractor shall
furnish items of equipment or materials specified.
I. Engineer reserves right to consider such factors as overall project arrangement,
overall project cost, and similar factors in determining whether proposed
substitutions will be acceptable.
15.

ON-SITE REVIEW OR OBSERVATION
A. All materials used and all work done by Contractor shall be subject at all times to
review, observation, tests and approval by Engineer. Contractor shall furnish
samples of materials for observation and tests as requested by Engineer. Contractor
shall furnish any information required concerning nature or source of any proposed
materials or equipment.
B. Construction, fabrication and manufacture of equipment or materials specified
herein may be observed by Engineer at plant or factory.
C. Materials, equipment or work which do not satisfactorily meet specifications may be
condemned by Engineer by written notice to Contractor. Condemned materials,
equipment or work shall be promptly removed and replaced.
D. Defective materials, equipment or work may be rejected by Engineer at any time
prior to final acceptance by Owner even though said defective items may have been
previously overlooked.

16.

RESIDENT ENGINEER AND/OR ENGINEER TECHNICIANS
A. Resident engineer and/or engineer technicians may be appointed by Engineer or
Owner to ensure that work is performed in accordance with plans and specifications.
B. Resident engineer and/or engineer technicians shall have authority to notify
Contractor in writing of work which is not being properly performed. Contractor
shall be liable for any work determined by Engineer as not being properly
performed.
GC-6
561176

General Conditions
C. Resident engineer and/or engineer technicians shall have no authority to permit
deviation from plans and specifications and Contractor shall be liable for any
deviations made without written order from Engineer.
17.

TESTS
A. Tests shall be performed by Contractor upon materials and equipment specified, to
determine if the materials and equipment meet requirements of specifications,
conditions of operation and guarantees of Contractor. All material testing for project
is incidental to respective pay items/construction.
B. Equipment shall be subject to factory tests specified herein. Certified evidence of
tests shall be furnished when requested by Engineer.
C. Tests shall be made in accordance with standards of American Society of Mechanical
Engineers, Institute of Electrical and Electronic Engineers, American Society for
Testing Materials, and other recognized standards.

18.

TIME
A. Contractor shall commence work within time specified and shall complete work
within time specified in contract.

19.

DELAYS
A. Delays caused by injunction or legal actions, damages by elements, or other causes
beyond control of Contractor (of which Owner shall be sole judge) shall entitle
Contractor to a reasonable extension of time within which to complete work.
B. Application for extension of time shall be made to Owner by Contractor and shall
state reasons for request for extension of time.
C. No extension of time shall be valid unless made in writing by Owner.
D. Normal weather conditions shall not form the basis of request for extension of time.
Abnormal weather conditions shall form basis of request for extension of time only
to the delay in excess of that resulting from normal weather conditions.

GC-7
561176

General Conditions
20.

CHANGES
A. Engineer shall have the right to make changes in location and quantities of work as
may be deemed advisable with consent of Owner and without notice to sureties on
Contractor's bond.
B. No change shall be made under this paragraph which will increase or decrease total
contract amount more than twenty percent (20%) of original contract price and no
changes shall be made in plan of improvement that would necessitate additional or
different construction processes and equipment.
C. Amount due Contractor shall be adjusted for changes in following manner:
1. Where unit prices have been bid, these unit prices shall be used to compute
adjustment in compensation.
2. Where no such unit prices have been bid, Engineer and Contractor shall
negotiate a reasonable adjustment in Contractor's compensation. Limitations on
compensation in 21.B of "21. EXTRA WORK" shall apply to changes where
compensation is negotiated.
3. No changes shall be authorized unless they are shown on revised plans or in
written instructions of Engineer.
4. Authorized changes which require additional time to complete shall entitle
Contractor to proportionate extension of time to completion which shall be
determined by Engineer.

21.

EXTRA WORK
A. Required extra work not specified under this contract shall be done at an agreed
price satisfactory to Contractor and Owner, or on basis of actual cost of work plus
not more than ten percent (10%) for Contractor's overhead and profit. Actual cost
shall include expense for equipment, materials, and labor and shall include no
overhead items or profit. Where extra work is done by a subcontractor, with
approval of Owner, there may be included in Contractor's actual cost, ten percent
(10%) for subcontractor's profit.
B. The term "extra work" as used herein shall not be construed to apply to changes
described in "20. CHANGES".
C. No compensation shall be allowed to the Contractor for extra work unless such work
has been authorized in writing by Engineer and approved by Owner.

GC-8
561176

General Conditions
D. Contractor shall submit a statement of costs to Engineer for approval when extra
work is performed on an actual cost plus basis. After such a statement is approved,
Engineer shall certify its correctness to Owner.
22.

OWNERSHIP OF MATERIALS
A. All materials and work covered by partial payments shall become sole property of
Owner, but this provision shall not be construed as relieving Contractor from sole
responsibility for all materials and work for which payments have been made, for
restoration of damaged work, or as a waiver of rights of Owner to require fulfillment
of all terms of contract.

23.

OTHER CONTRACTS
A. Owner reserves right to let other contracts in connection with this work. Contractor
shall afford other contractors reasonable opportunity for introduction and storage
of their materials and execution of their work, and shall properly connect and
coordinate its work with theirs.
B. When proper execution of Contractor's work depends upon work of another
contractor, it shall inspect other work and report any defects to Engineer.
Contractor's failure to inspect and report shall constitute an acceptance of other
contractor's work except for defects which may develop in work after completion.
C. To ensure proper execution of its subsequent work, Contractor shall measure work
already in place and shall at once report to the Engineer any discrepancy between
the executed work and drawings.

24.

OWNER'S RIGHT TO DO WORK
A. If Contractor neglects to prosecute work properly or fails to perform any provision of
this contract, Owner, after three (3) days' written notice to Contractor, may, without
prejudice to any other remedy it may have, make good such deficiencies and may
deduct the cost thereof from the payment then or thereafter due the Contractor,
provided, however, that Engineer shall approve both such action and amount
charged to Contractor.

25.

OWNER'S RIGHT TO TERMINATE CONTRACT
A. Owner, upon certification of Engineer that there is sufficient cause to justify
termination of contract, may, without prejudice to any other right or remedy, and
GC-9
561176

General Conditions
after giving Contractor seven (7) days' notice may terminate employment of
Contractor for any of following reasons:
1. Contractor makes a general assignment for benefit of its creditors, or if adjudged
a bankrupt.
2. Receiver is appointed on account of Contractor's insolvency.
3. Contractor persistently or repeatedly fails or refuses, except when extension of
time to complete is granted, to provide enough skilled workmen or proper
materials.
4. Contractor fails to make prompt payment to subcontractors for material or
labor.
5. Contractor persistently disregards laws and ordinances or instructions of
Engineer.
6. Contractor violates a provision of contract.
B. If Owner terminates employment of Contractor, it shall take possession of premises
and all materials, tools and appliances thereon. It shall finish work by whatever
method it may deem expedient. In such case Contractor shall not be entitled to
receive any further payment until work is finished.
C. If unpaid balance of contract price exceeds expense of finishing the work including
compensation for additional managerial and administrative services, excess shall be
paid to Contractor. If expense exceeds unpaid balance, Contractor shall pay
difference to Owner. Expense incurred by Owner as herein provided, and damage
incurred through Contractor's default, shall be certified by Engineer.
26.

CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT
A. If Engineer fails to issue any certificate for payment within fifteen (15) days after it is
due, or if Owner fails to pay to Contractor within thirty (30) days of its maturity and
presentation, any sum certified by Engineer, then Contractor may, upon seven (7)
days simultaneous written notice to Owner and Engineer, stop work or terminate
this contract. If Contractor elects to stop work by written notice, work shall be
resumed promptly upon payment by Owner. If Contractor elects to terminate this
contract by written notice it shall recover from Owner payment for all work
executed to date of notice and any loss sustained upon any plant or materials plus a
reasonable profit.

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General Conditions
27.

PAYMENTS WITHHELD
A. Engineer may withhold or nullify the whole or a part of payment certificate, on
account of subsequently discovered evidence, to such extent as may be necessary to
protect Owner from loss on account of:
1. Defective work not remedied.
2. Claims filed or reasonable evidence indicating probable filing of claims.
3. Failure of Contractor to make payments properly to subcontractors or for
materials or labor.
4. A reasonable doubt that contract can be completed for balance then unpaid.
5. Damage to another contractor.
6. Claims of Owner for liquidated damages.
B. Payments shall be made for amounts withheld when above grounds are removed.

28.

ACCEPTANCE AND FINAL PAYMENT
A. When work has been satisfactorily completed, Engineer will certify Contractor's final
estimate stating that work has been completed in accordance with terms and
conditions thereof with qualifications, if any, as stated. Balance found to be due
Contractor according to the terms of payment shall be paid by Owner as provided in
contract, provided, however, that any state laws which designate manner of final
payment shall be followed in lieu of manner of final payment outlined above.
B. Making and acceptance of final payment shall constitute a waiver of all claims by
Owner, except those arising from unsettled liens, from faulty work or materials
appearing after final payment or from requirements of the specifications, and of all
claims by Contractor, except those previously made and still unsettled.

29.

SUSPENSION OF WORK
A. Owner may suspend the work, or any part thereof, at any time, by giving ten (10)
days' written notice to Contractor. The work shall be resumed by Contractor within
ten (10) days after date fixed in written notice from Owner to Contractor to do so.
B. If work, or any part thereof, shall be suspended and if Owner does not give written
notice to Contractor to resume work within one (1) year of date of suspension,
Contractor may abandon suspended portion of work. Contractor will be entitled to
estimates and payments for all work done on the portions so abandoned, if any.

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General Conditions
30.

CLEANING UP
A. Contractor shall keep premises free from accumulations of waste material or rubbish
caused by its employees or work. After completion of work, it shall remove all its
rubbish and all its tools, scaffolding and surplus materials from work site. It shall
leave its work "broom clean" or its equivalent, unless more exactly specified. In case
of dispute the Owner may remove rubbish and charge costs to Contractor as
Engineer shall determine to be just.

31.

HAZARDOUS MATERIALS
A. The use of Asbestos Construction Building Materials (ACBM) is specifically
prohibited. The Contractor, suppliers, and subcontractors shall warrant that all
products used are asbestos free. In the event that a specified product contains
asbestos, it shall be the responsibility of the Contractor to notify the Owner so that
an appropriate substitution can be made in a timely manner so as not to delay the
project.
B. The Contractor shall provide the Owner a certificate that warrants that no materials,
products, items or equipment contains any asbestos upon completion of the work of
this Contract. If asbestos is found to exist in any of the materials, products, items or
equipment provided as part of this Contract, the Contractor shall be financially
responsible for all costs resulting from removal in accordance with an Owner
approved method and replacement of an asbestos free condition to finished
drawings and specifications. The financial responsibility of the Contractor shall not
terminate with the end of the surety maintenance bond period, but shall continue
through the life of the facility.

32.

IOWA HAZARDOUS CHEMICAL RISKS RIGHT-TO-KNOW LAW
A. Owner's responsibility:
1. Owner shall provide to the Contractor a list of known hazardous chemicals
within the project site to which their employees may be exposed and
suggestions for appropriate protective measures.
B. Contractor's responsibility:
1. Contractor shall inform his/her employees of the Iowa Hazardous Chemical Risks
Right-to-Know Law.
2. Contractor shall provide to the Owner a list of known hazardous chemicals that
they anticipate will be used on site as well as all pertinent information relating to
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General Conditions
employee protection. Contractor's Material Safety Data Sheets (MSDS) shall be
available to Owner upon request.
33.

EQUAL OPPORTUNITY REQUIREMENT/NON-DISCRIMINATION
A. The Recipient, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252,
42 U.S.C 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office the Secretary, Part 21, Nondiscrimination in
Federally assisted programs of the Department of Transportation issued pursuant to
such Act, hereby notifies all bidders that it will affirmatively insure that in any
contact entered into pursuant to this advertisement, minority business enterprises
will be afforded full opportunity to submit bids in response to this invitation and will
not be discriminated against on the grounds of race, color, or national origin in
consideration for an award.
B. Title VI. The other party to this Agreement shall comply with Title VI of the Civil
Rights Act of 1964 (Title 49 CFR, Subtitle A, Part 21) and related nondiscrimination
authorities. Title VI and related authorities prohibit discrimination on the basis of
race, color, national origin, disability, gender, and age in all programs or activities of
any recipient of Federal assistance.

GC-13
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SPECIAL CONDITIONS
12TH AND DAVENPORT STREET STORM IMPROVEMENTS
LECLAIRE, IOWA
INDEX
1.
2.
3.
4.
5.
6.
7.

9.
10.

INTENT
LOCATION
RIGHT-OF-WAY
ORDER OF CONSTRUCTION
INTERRUPTIONS TO SERVICE
SERVICE FACILITIES
STORAGE OF MATERIALS AND
EQUIPMENT
CONSTRUCTION FACILITIES BY
CONTRACTOR
INSURANCE BY CONTRACTOR
CONTRACTOR'S RESPONSIBILITY

1.

INTENT

8.

11.
12.
13.
14.
15.
16.
17.
18.

POSITION, LINE AND GRADE
EMPLOYMENT PRACTICES
MATERIAL TESTING
GENERAL GOVERNING
SPECIFICATIONS
INSPECTION BY STATE AND FEDERAL
PERSONNEL
HISTORICAL/ARCHAEOLOGICAL
FINDS
AUDIT
PAYMENT ITEM DESCRIPTIONS

A. To supplement the provisions of the GENERAL CONDITIONS by outlining special
conditions applicable to project.
2.

LOCATION
A. Work is located on public right-of-way or in construction easements across private
properties in the City of LeClaire, Iowa.
B. Transportation facilities:
1. Interstate 80.
2. U.S. Highway 67.

3.

RIGHT-OF-WAY
A. Confine movements of equipment and personnel, storage of materials, excavation,
spoil banks, and all other construction operations within City of LeClaire right-of-way
and easements and/or acquisitions provided.
B. Contractor will be held liable by City and adjacent property owners for damages
outside right-of-way and easements; failure of Engineer to warn Contractor about
incidence of trespassing does not relieve liability.
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Special Conditions
4.

ORDER OF CONSTRUCTION
A. Provide Engineer with proposed construction schedule showing dates of starting and
completing various portions of work.
B. Coordinate work with Owner and Engineer to assure orderly and expeditious
progress of the work.
C. Contractor shall establish schedule of working hours for construction, subject to
approval of Engineer.
D. Schedule construction to minimize use of street barricades and detours; clean up
each portion of work as it is completed.
E. Adequate protection shall be provided for pedestrians. If a section of sidewalk is
closed, appropriate signing and barricading shall be utilized; signing and barricading
shall remain in place until sidewalk is reopened for pedestrian use.
F. Notify City a minimum of 48 hours prior to closing street.

5.

INTERRUPTIONS TO SERVICE
A. Existing utilities shall remain in substantially continuous operation during
construction.
B. Do work which will interrupt utility service only at times approved by Engineer; hold
interruptions of service to a minimum.

6.

SERVICE FACILITIES
A. Water, electricity, compressed air, and other services shall be furnished by
Contractor to meet his own requirements.

7.

STORAGE OF MATERIALS AND EQUIPMENT
A. Limited storage space for materials and equipment will be available.
B. Storage areas shall be subject to approval of Owner and Engineer.
C. Store materials and equipment in manner which will preserve their quality and
fitness.
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Special Conditions
8.

CONSTRUCTION FACILITIES BY CONTRACTOR
A. Provide telephone number at which Contractor can be reached by Owner or
Engineer at all times during the working day.
B. Provide suitable storage buildings necessary for proper storage of materials and
equipment.
C. Location of all construction facilities, including project construction plant and yard,
subject to approval by Engineer; remove all construction facilities upon completion
of work.
D. Provide and maintain suitable sanitary facilities for construction personnel for
duration of work; remove upon completion of work.
E. Provide fence, barricades, and/or watchmen to prevent access of unauthorized
persons to site where work is in progress.
F. Provide telephone number(s) at which responsible representative of Contractor can
be contacted evenings, weekends and holidays in event of emergency.

9.

INSURANCE BY CONTRACTOR
A. Provide and maintain insurance throughout construction period in the following
minimum amounts:
1. Workmen's compensation and occupational disease insurance in accordance
with the laws of the State of Iowa covering all employees who perform any
obligations assumed under the contract.
2. Public liability and property damage liability insurance covering all operations
under the contract; limits of bodily injury or death and property damage
$1,000,000 for each accident; and $1,000,000 aggregate for accidents during the
policy period on a per project basis. The Owner and Engineer shall be named
additional insured on the Contractor's insurance.
3. Automobile liability insurance on all self-propelled vehicles used in connection
with the contract, whether owned, non-owned, or hired; public liability limits of
not less than $500,000 for one person and $1,000,000 for each accident;
property damage limit of $500,000 for each accident.
B. Owner shall have right at any time to require public liability insurance and property
damage liability insurance greater than required in above paragraphs. Additional
SC-3
561176

Special Conditions
premiums payable solely as result of such additional insurance shall be added to bid
price.
C. Furnish certificates of insurance to Engineer made in favor of Owner showing
compliance with foregoing requirements.
10.

CONTRACTOR'S RESPONSIBILITY
A. There shall be no liability upon public officials, Engineer, or his authorized assistants,
either personally or as an official of the Owner, it being understood that in such
matters he acts as an agent and representative of the Owner in carrying out any of
the provisions of the contract or in exercising any power or authority granted him
thereby.
B. Contractor agrees to hold harmless and indemnify the Owner and Engineer and their
employees or agents against any liability sustained by reason of the work or the
handling or storing of materials therefor when such liability arises out of negligent
acts, errors or omissions of the Contractor, its employees, or agents; failing to do so,
any judgment against or settlements resulting therefrom shall become a lien against
any funds due Contractor.
C. In the event any provisions in the contract are violated by the Contractor or any of
its subcontractors, the Owner may serve written notice upon the Contractor and its
surety of their intention to terminate such contract. Such notice shall contain a
statement of the reasons for such action and unless within 10 days after the serving
of such notice upon the Contractor such violation shall cease and satisfactory
arrangements for correcting be made, the contract shall, upon expiration of said
10 days cease and terminate.
1. In the event of such termination, the Owner shall immediately serve notice
thereof upon the surety and Contractor and the surety shall have the right to
take over and perform the contract, provided, however, that if the surety does
not commence the performance thereof within 30 days, the Owner may take
over the work and prosecute the same to completion by contract for the account
and at the expenses of the Contractor and the Contractor and its surety shall be
liable to the Owner for any excess cost occasioned the Owner thereby; in such
event, the Owner may take possession of and utilize such materials, appliances
and plant as may be on the site of the project and necessary in completing the
work.

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Special Conditions
D. If suit is brought by the Owner for the breach of any provisions of this contract, the
Contractor agrees to pay all costs in connection with suit, including reasonable
attorney fees, whether or not the suit proceeds to judgment.
11.

POSITION, LINE AND GRADE
A. Construct to line and grades shown on plans or as specified hereinafter.
B. Contractor to establish required benchmarks and control points.
C. Contractor shall perform detailed survey and staking for location, elevation, and
grade of construction.
D. These conditions supersede conflicting provisions of GENERAL CONDITIONS.
E. Contract shall provide, without extra compensation, all men, and necessary tools to
make all test holes and exploration, at any time, for purpose of determining location
of existing structures beneath ground surface which might conflict with work of
Contractor.
F. Contractor shall preserve all monuments, reference points, stakes and benchmarks
set by Engineer. In case of destruction by Contractor's negligence or carelessness, he
will be charged with resulting expense of replacement, and responsibility for any
mistakes or loss of time caused thereby.

12.

EMPLOYMENT PRACTICES
A. Contractor, or his subcontractors, shall not employ any person whose physical or
mental condition is such that his employment will endanger the health and safety of
himself or others employed on the project.

13.

MATERIAL TESTING
A. The Contractor will be responsible for all on-site and laboratory material testing for
this project.
B. The Contractor will be responsible to ensure all material quality and SUDAS/IDOT
Specifications PCC, HMA and compaction requirements are met and are in
compliance. Contractor shall coordinate with Engineer prior to construction work
that requires testing.
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Special Conditions
C. Ship no materials to the job until laboratory tests have been furnished which show
compliance of materials with specifications.
D. All materials subject to sampling, testing inspection and rejection at the site by the
Engineer.
E. Laboratory tests specified herein include the following:
1. Portland cement: car, truck, or sealed bin samples for requirements; ASTM C150.
2. Concrete aggregates: 1 sample of each, ASTM C33.
3. Concrete compression cylinders: make 2 tests from trial batch of proposed mix
before start of construction; provide 7-day and 28-day tests in accordance with
ASTM C39.
4. Reinforcing steel: furnish original and one copy of certified test report by
manufacturers.
5. Portland cement and aggregate for concrete pavement: certify that sources are
IDOT approved; provide analysis of materials used.
6. All slump and air testing shall conform to Iowa SUDAS Specifications 7030
Section 2.01.
7. Compressive strengths shall meet 7-day and 28-day test strength requirements
in accordance with ASTM C39.
8. Failed compression tests may require potential price reduction per Iowa
DOT/SUDAS Specifications for PCC pavements.
9. Provide copies of all granular aggregate subbase (IDOT Gradation No. 11 Class A
Crushed Stone), stabilizing material aggregate tickets (IDOT Gradation No. 11
Class A Crushed Stone and/or Macadam Stone) and granular surfacing (IDOT
Gradation No. 12) to verify conformance with specifications.
10. Test milled and scarified streets for density. Proof roll subgrade in accordance
with IDOT section 2115.04.B. Actual proof rolling to be performed by
Contractor; Engineer or representative of Engineer will determine if
requirements for compaction are met.
11. Asphalt surfacing: Contractor's construction of HMA pavement materials
used/placed shall follow the requirements of Iowa SUDAS Specifications 7020
section. Engineer will be responsible for the actual testing.
14.

GENERAL GOVERNING SPECIFICATIONS
A. The project shall be constructed in accordance with the most current versions of the
SUDAS Specifications and Iowa DOT Specifications, except as modified by the Plans,
Special Conditions or Special Provisions.

SC-6
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Special Conditions
15.

INSPECTION BY STATE AND FEDERAL PERSONNEL
A. Provide full access and cooperation for inspection of work by representatives of
participating State and Federal agencies.

16.

HISTORICAL/ARCHAEOLOGICAL FINDS
A. If, during course of construction, evidence of deposits of historical or archaeological
interest is found, cease operations affecting find and notify Owner who shall notify
Iowa Department of Natural Resources and Director and Historic Preservation
Officer, State Historical Department, East 12th and Grand, Des Moines, Iowa 50319.
No further disturbance of deposits shall ensue until notification by Owner that work
may proceed. Owner will issue notice to proceed only after state official has
surveyed find and made determination to Department of Natural Resources and
Owner. Compensation to Contractor, if any, for lost time or changes in construction
to avoid find, determined in accordance with changed conditions or change order
provisions of specifications.

17.

AUDIT
A. Regional Administrator, the Comptroller General of the United States, or any
authorized representative shall have access to any books, documents, papers and
records of Contractor which pertain to the project for purpose of making audit,
examination, excerpts and transcriptions thereof.".

18.

PAYMENT ITEM DESCRIPTIONS
A. Payment item descriptions that follow are numbered to correspond to items in the
Proposal.
Bid Item No. 1.1/2.1 –Excavation (Includes Ditch Shaping) (LS)
1. This item shall include all labor, materials and equipment required to excavate,
place, and compact the necessary on-site excavated materials or imported
material to the proposed elevations in accordance with SUDAS Section 2010, and
Section 2102 of the Iowa DOT Specifications for Highway and Bridge
Construction, latest edition, insofar as applicable and as specified herein. This
also includes off-site disposal of any excess soil.
2. The earthwork item includes and is to be used to construct and improve ditching
as shown on plan drawings, yard grading for proper drainage, swales and local
ditch drainage, the tapered proposed side slopes, embankments, ditching, and
ditch shaping required for proper drainage. This item includes any necessary fill
SC-7
561176

Special Conditions
imported when no on-site material is available. Any additional
grading/earthwork required to properly convey ditching or shaping side slopes
will be incidental. Contractor ultimately responsible for verifying and ensuring
water drains. The contractor shall construct sidewalk improvements to drain
properly and is responsible for adjusting grades as required to ensure drainage,
correction/modification of ditching, etc.
3. Payment for EXCAVATION (INCLUDES DITCH SHAPING) shall be made at the unit
price bid per Lump Sum. Measurement will not be made for EXCAVATION
(INCLUDES DITCH SHAPING). The contractor will be responsible for estimating
the amount of cut and fill required for proper embankment, cut excavation,
ditching, tapering and blending in to provide proper drainage.
Bid Item No. 1.2/2.2 – Granular Subbase, 6" Thick (SY)
1. This work shall comply with SUDAS Section 2010, and Section 2111 of the Iowa
Department of Transportation Standard Specifications for Highway and Bridge
Construction, latest edition, insofar as applicable and as specified herein.
Subbase is to be used under HMA Pavement or Driveway replacement and
patching, PCC roadway pavements, driveways, sidewalk through drives and PCC
curb and gutter, and 1.0 ft. behind back of curb in areas disturbed adjacent to
roadways. Placement and proper compaction will be included in this item and
shall comply with Iowa SUDAS Standards.
2. The granular subbase will conform to Iowa DOT Standard Specifications, Section
4121, Gradation No. 11, Class A crushed stone. Granular subbase shall also be
used under PCC Curb and Gutter, driveways, and roadway pavement in general.
Subbase under curb and gutter shall be placed at 6" thick and shall extend 1.0 ft.
behind back of curb.
3. Payment shall be made at the contract unit price bid per Square Yard (SY) of
GRANULAR SUBBASE, 6" THICK , furnished and placed, which price shall include
all labor, materials, compaction, and equipment necessary to complete this item.
Bid Item No. 1.3/2.3 – 3" HMA Pavement Patching (SY)
1. Work under this item will be in accordance with SUDAS Section 7020, latest
edition, insofar as applicable and as specified herein.
2. GRANULAR SUBBASE, 6" THICK will be paid for separately.
3. Unit price includes furnishing all labor, materials and equipment for pavement
cleaning and preparation, prime coat, tack coat, HMA pavement, trucking,
placement, compaction, consolidation, sampling, testing and incidentals for
construction of hot mix asphalt pavement per Iowa D.O.T. Standard
Specifications and supplemental specifications. Sealing joints, including curb
joints will be considered incidental to this item.
SC-8
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Special Conditions
4. The 3 inch thick path shall be paved in 2 lifts, including a 1.5 inch binder course
and 1.5 inch surface course.
Lift Designation: HMA S.T. Surface
Performance Grade Binder: PG 58-28S
Mix Size: 1/2 inch, for binder and surface courses
Binder Course: 1 – 1.5 inch lift
Surface Course: 1 – 1.5 inch lift
5. Payment for this item shall be at the contract unit price per Square Yard of 3"
HMA PAVEMENT PATCHING, which price shall include all labor, materials, and
equipment necessary to complete this item.
Item No. 1.5/2.5 & 1.6/2.6 – Aprons, Concrete, 12 In & 24 In (Ea)
1. Work under these items will be in accordance with SUDAS Sections 3010 and
4020, and Section 2403 of the Iowa DOT Standard Specifications for Highway and
Bridge Construction, latest edition, insofar as applicable and as specified herein.
2. Storm Sewer/culvert piping shall be Reinforced Concrete Pipe, 2000D Class III for
specified size. Storm Sewer piping shall be bell and spigot with rubber gasketed
joints in accordance with ASTM C-443.
3. Pipe/apron shall be constructed with a Class I material having a minimum
thickness of 4 inches below the pipe to the pipes spring line (Class R-2). Bedding
material shall be Iowa DOT Gradation #3 and shall be considered incidental to
the appropriate Storm Sewer pay item.
4. Flared End Section pay item includes both inlet and outlet section aprons and
apron footing concrete and reinforcement. Pay item shall follow SUDAS Figures
4030.221 and 4030.222.
5. Trench Backfill will not be paid for separately and shall be considered incidental
to the Storm Sewer Pipe. Unit price includes furnishing (if on-site excavated soils
are not available) and placing compacted trench backfill from pipe bedding to
subbase.
6. This item shall include all excavation as required. All rubble and excess
excavated material generated by construction shall be kept separate and
disposed of by the Contractor.
7. Trash Rack/Inlet Guards shall be incidental on all inlet flared end sections.
8. Measurement and payment for these items shall be made at the unit price bid
per Each (EA) of APRONS, CONCRETE, 12 IN & 24 IN. Price shall include all labor,
materials, and equipment necessary to complete this item.

SC-9
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Special Conditions
Item No. 1.7/2.7– Aprons, Low Clearance Concrete, Equivalent Diameter 30 In. (Ea)
1. Work under these items will be in accordance with SUDAS Sections 3010 and
4020, and Section 2403 of the Iowa DOT Standard Specifications for Highway and
Bridge Construction, latest edition, insofar as applicable and as specified herein.
2. Storm Sewer/culvert piping shall be Reinforced Concrete Pipe, 2000D Class III for
specified size. Storm Sewer piping shall be bell and spigot with rubber gasketed
joints in accordance with ASTM C-443.
3. Pipe/apron shall be constructed with a Class I material having a minimum
thickness of 4 inches below the pipe to the pipes spring line (Class R-2). Bedding
material shall be Iowa DOT Gradation #3 and shall be considered incidental to
the appropriate Storm Sewer pay item.
4. Flared End Section pay item includes both inlet and outlet section aprons and
apron footing concrete and reinforcement. Pay item shall follow SUDAS Figures
4030.221 and 4030.222.
5. Trench Backfill will not be paid for separately and shall be considered incidental
to the Storm Sewer Pipe. Unit price includes furnishing (if on-site excavated soils
are not available) and placing compacted trench backfill from pipe bedding to
subbase.
6. This item shall include all excavation as required. All rubble and excess
excavated material generated by construction shall be kept separate and
disposed of by the Contractor.
7. Trash Rack/Inlet Guards shall be incidental on all inlet flared end sections.
8. Measurement and payment for these items shall be made at the unit price bid
per Each (EA) of APRONS, LOW CLEARANCE CONCRETE, EQUIVALENT DIAMETER
30 IN. Price shall include all labor, materials, and equipment necessary to
complete this item.
Bid Item No. 1.8/2.8 & 1.9/2.9 – Manhole, Storm Sewer, SW-401, 60 In. & 84 In. (Ea)
1. Work under this item will be in accordance with SUDAS Sections 3010 and 6010,
and Section 2435 of the Iowa DOT Standard Specifications for Highway and
Bridge Construction, latest edition, insofar as applicable and as specified herein.
Refer to SUDAS Drawing 6010.401 (SW-401) for detail.
2. When pre-cast structures are utilized for construction over an existing pipe or
replacement of an existing structure, the Contractor shall verify elevations and
connections prior to ordering the materials. Any adjustments required in the
field due to assumed elevations, will be the responsibility of the Contractor and
no additional compensation will be allowed for this work.
3. New castings shall be provided for all structures. Specific structure and casting
requirements as follows:
a. Manholes – Provide Neenah Type R-1733 Frame and Grate with solid lid or
approved equal.
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Special Conditions

4.

5.

6.
7.

b. Construct manholes with stacking adjusting ring heights as follows:
Manholes – 4 inches minimum; 12 inches maximum
Where replacing an existing structure, contractor shall remove and replace
existing sections of pipe as required to make connection, including any necessary
fittings or couplings. No additional payment will be made for this work which
shall be considered incidental to the appropriate Storm Sewer Structure pay
item. All connections into structures (existing pipe or new) shall be incidental to
this item.
Trench Backfill will not be paid for separately and shall be considered incidental
to the Storm Sewer Structures. Unit price includes furnishing (if on-site
excavated soils are not available) and placing compacted trench backfill from
pipe bedding to subbase. Unit price includes furnishing and placing compacted
Granular Trench Backfill – imported Class A crushed stone, Iowa DOT Grad. No.
11 (conforming to Iowa DOT Specifications Section 4120.04, "Class A Crushed
Stone") in areas adjacent to or under roadways.
The Contractor will be required to submit shop drawings for all Storm Sewer
Structures.
Measurement and payment for this item shall be made at the unit price bid per
Each of MANHOLE, STORM SEWER, SW-401, 60 IN. & 84 IN., as identified on the
plans, which price will include all labor, materials, and equipment necessary to
complete this item.

Bid Item No. 1.10/2.10 – Manhole, Storm Sewer, SW-406, 5'x5' (Modified) (Ea)
1. Work under this item will be in accordance with SUDAS Sections 3010 and 6010,
and Section 2435 of the Iowa DOT Standard Specifications for Highway and
Bridge Construction, latest edition, insofar as applicable and as specified herein.
Refer to SUDAS Drawing 6010.406 (SW-406) for detail. The modification to this
structure includes using a grated casting to allow surface waters to drain into
structure. Contractor shall provide options for castings when submitting shop
drawings.
2. When pre-cast structures are utilized for construction over an existing pipe or
replacement of an existing structure, the Contractor shall verify elevations and
connections prior to ordering the materials. Any adjustments required in the
field due to assumed elevations, will be the responsibility of the Contractor and
no additional compensation will be allowed for this work.
3. Where replacing an existing structure, contractor shall remove and replace
existing sections of pipe as required to make connection, including any necessary
fittings or couplings. No additional payment will be made for this work which
shall be considered incidental to the appropriate Storm Sewer Structure pay
item. All connections into structures (existing pipe or new) shall be incidental to
this item.
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Special Conditions
4. Trench Backfill will not be paid for separately and shall be considered incidental
to the Storm Sewer Structures. Unit price includes furnishing (if on-site
excavated soils are not available) and placing compacted trench backfill from
pipe bedding to subbase. Unit price includes furnishing and placing compacted
Granular Trench Backfill – imported Class A crushed stone, Iowa DOT Grad. No.
11 (conforming to Iowa DOT Specifications Section 4120.04, "Class A Crushed
Stone") in areas adjacent to or under roadways.
5. The Contractor will be required to submit shop drawings for all Storm Sewer
Structures.
6. Measurement and payment for this item shall be made at the unit price bid per
Each of MANHOLE, STORM SEWER, SW-406, 5'X5' (MODIFIED), as identified on
the plans, which price will include all labor, materials, and equipment necessary
to complete this item.
Item No. 1.11/2.11 – Intake, SW-512, 24 In. (EA)
1. Work under this item will be in accordance with SUDAS Sections 3010 and 6010,
and Section 2435 of the Iowa DOT Standard Specifications for Highway and
Bridge Construction, latest edition, insofar as applicable and as specified herein.
2. When pre-cast structures are utilized for construction over an existing pipe or
replacement of an existing structure, the contractor shall verify elevations and
connections prior to ordering the materials. Any adjustments required in the
field due to assumed elevations, will be the responsibility of the contractor and
no additional compensation will be allowed for this work.
3. New structures shall conform to SUDAS Figure 6010.512 (SW-512) and castings
shall be provided for all structures and shall follow SUDAS standards. Intake
castings for area intakes shall conform to SUDAS Figure 6010.604 (SW-604).
4. Where replacing an existing structure, contractor shall remove and replace
existing sections of pipe as required to make connection, including any necessary
fittings or couplings. No additional payment will be made for this work which
shall be considered incidental to the appropriate Storm Sewer Structure pay
item. All connections into structures (existing pipe or new) shall be incidental to
this item.
5. Trench Backfill will not be paid for separately and shall be considered incidental
to the Storm Sewer Structures. Unit price includes furnishing (if on-site
excavated soils are not available) and placing compacted trench backfill from
pipe bedding to subbase. Unit price includes furnishing and placing compacted
Granular Trench Backfill – imported Class A crushed stone, Iowa DOT Grad. No.
11 (conforming to Iowa DOT Specifications Section 4120.04, "Class A Crushed
Stone") in areas adjacent to or under roadways.
6. The Contractor will be required to submit shop drawings for all Storm Sewer
Structures.
SC-12
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Special Conditions
7. Measurement and payment for this item shall be made at the unit price bid per
Each of INTAKE, SW-512, 24 IN., as identified on the plans, which price will
include all labor, materials, and equipment necessary to complete this item.
Bid Item No. 1.12/2.12 – Storm Sewer Gravity Main, Trenched, 12 In. (LF)
1. This work shall comply with SUDAS Section 3010 and 4020, and Section 2403 of
the Iowa Department of Transportation Standard Specifications for Highway and
Bridge Construction, latest edition, insofar as applicable and as specified herein.
2. Storm sewer or culvert piping shall be of the size and type indicated and shall
follow SUDAS material requirements and pipe shall be suitable to hand loadings
based on planned cover beneath roadway. Item includes Class A crushed stone
granular trench backfill and bedding (IDOT Grad. No. 3). Contractor shall use
Class III- RCP w/ R-2 Class I bedding material.
3. Any necessary dewatering and/or bypass pumping will be considered incidental.
Any necessary connections, couplings, and or concrete collars to existing or new
piping/structures shall be considered incidental to this item.
4. This item shall include all excavation as required and disposal of excavated
materials. New granular backfill material required to be placed back in trench
and compacted as part of this item.
5. This is intended to be for both general storm sewer and culvert piping
construction. The diameter of piping shall be matched with existing storm
culvert piping to be replaced.
6. Measurement and payment for these items shall be made at the unit price bid
per Linear Foot (LF) of STORM SEWER GRAVITY MAIN, TRENCHED, 12 IN. Price
shall include all labor, materials, and equipment necessary to complete this item.
Item No. 1.13/2.13– Storm SWR Gravity Main, Trenched, RCP, 3000D, 24 In. (LF)
1. Work under these items will be in accordance with SUDAS Sections 3010 and
4020, and Section 2403 of the Iowa DOT Standard Specifications for Highway and
Bridge Construction, latest edition, insofar as applicable and as specified herein.
STORM SEWER PIPING includes standard storm sewer piping connecting
between intake/MH structures as well as culvert storm piping.
2. Storm Sewer/culvert piping shall be Reinforced Concrete Pipe, 3000D Class IV for
specified size. Storm Sewer piping shall be bell and spigot with rubber gasketed
joints in accordance with ASTM C-443.
3. Circular RCP pipe shall be constructed with a Class I material having a minimum
thickness of 4 inches below the pipe to the pipes spring line (Class R-2). Bedding
material shall be Iowa DOT Gradation #3 and shall be considered incidental to
the appropriate Storm Sewer pay item.
4. Trench Backfill will not be paid for separately and shall be considered incidental
to the Storm Sewer Pipe. Unit price includes furnishing and placing compacted
SC-13
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Special Conditions
Granular Trench Backfill – imported Class A crushed stone, Iowa A DOT Grad. No.
11 (conforming to Iowa DOT Specifications Section 4120.04, "Class A Crushed
Stone") from pipe bedding to subbase. The intent is to remove and dispose of
excavated materials and place new granular trench backfill, all of which is
incidental.
5. This item shall include all excavation as required. All rubble and excess
excavated material generated by construction shall be kept separate and
disposed of by the Contractor.
6. Measurement and payment for these items shall be made at the unit price bid
per Linear Foot (LF) of STORM SEWER GRAVITY MAIN, TRENCHED, REINFORCED
CONCRETE PIPE (RCP), 3000D (CLASS IV), 24 IN. Price shall include all labor,
materials, and equipment necessary to complete this item.
Item No. 1.14/2.14– STRM SWR G-M,Trenched, 2000D Low, 30" EQ. (LF)
1. Work under these items will be in accordance with SUDAS Sections 3010 and
4020, and Section 2403 of the Iowa DOT Standard Specifications for Highway and
Bridge Construction, latest edition, insofar as applicable and as specified herein.
STORM SEWER PIPING includes standard storm sewer piping connecting
between intake/MH structures as well as culvert storm piping.
2. Storm Sewer/culvert piping shall be Reinforced Concrete Pipe, 3000D Class IV for
specified size. Storm Sewer piping shall be bell and spigot with rubber gasketed
joints in accordance with ASTM C-443.
3. Circular RCP pipe shall be constructed with a Class I material having a minimum
thickness of 4 inches below the pipe to the pipes spring line (Class R-2). Bedding
material shall be Iowa DOT Gradation #3 and shall be considered incidental to
the appropriate Storm Sewer pay item.
4. Trench Backfill will not be paid for separately and shall be considered incidental
to the Storm Sewer Structures. Unit price includes furnishing (if on-site
excavated soils are not available) and placing compacted trench backfill from
pipe bedding to subbase. Unit price includes furnishing and placing compacted
Granular Trench Backfill – imported Class A crushed stone, Iowa DOT Grad. No.
11 (conforming to Iowa DOT Specifications Section 4120.04, "Class A Crushed
Stone") in areas adjacent to or under roadways.
5. This item shall include all excavation as required. All rubble and excess
excavated material generated by construction shall be kept separate and
disposed of by the Contractor.
6. Measurement and payment for these items shall be made at the unit price bid
per Linear Foot (LF) of STORM SEWER GRAVITY MAIN, TRENCHED, REINFORCED
CONCRETE PIPE (RCP), 3000D (CLASS IV), 24 IN. Price shall include all labor,
materials, and equipment necessary to complete this item.
SC-14
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Special Conditions
Bid Item No. 1.15/2.15 – Remove Storm Sewer Pipe Less Than or Equal To 36 In. (LF)
1. In locations where shown on plans or where determined in the field by Engineer
or representative of the City, the Contractor shall remove existing storm drains,
pipes or culverts. Existing pipe to be removed and counted under this item will
be 36" and less. No additional compensation will be made for material types or
different sizes from that shown on plans or encountered in field. Pipe removed
in field shall not be salvaged and disposed of off-site by the contractor. This is
considered a contingency line item for use as needed.
2. Price bid will include all excavation, disposal of excavated material and pipe,
granular trench backfill, compaction and testing, dewatering and any bypass
pumping (if needed), connections to new or existing systems, concrete collar
connections as needed. Note: Trench Backfill will not be paid for separately and
shall be included in all respective pipe removal or proposed piping pay items.
This includes any granular trench backfill (IDOT Grad. No. 11) where adjacent or
under roadways.
3. Payment for this item will be at the unit price bid per Linear Foot for REMOVE
STORM SEWER PIPE LESS THAN OR EQUAL TO 36 IN.
Bid Item No. 1.16/2.16 – Erosion Stone (Ton)
1. This work shall comply with SUDAS Section 9040 and Section 4130 of the Iowa
Department of Transportation Standard Specifications for Highway and Bridge
Construction, latest edition, insofar as applicable and as specified herein.
2. This item shall include all labor, material and equipment required to furnish,
place, including hauling, and geotextile fabric. The material shall also be used at
entrance and exits of culvert and storm sewer inlets/outlets (including around
aprons). The crushed stone shall conform to Iowa DOT Standard Specifications,
Section 4130, Erosion Stone.
3. Measurement and payment for these items shall be made at the unit price bid
per Ton of EROSION STONE, which price shall include all labor, materials, and
equipment necessary to complete this item.
Bid Item No. 1.17/2.17 –Removal of Pavement (SY)
1. Work under this item will be in accordance with SUDAS Section 7040, latest
edition, insofar as applicable and as specified herein. This work shall include
removal and disposal of all hard surface pavements including roadway pavement
and/or road pavement patching. No additional compensation will be allowed for
any variations in pavement thickness or material types encountered during
construction.
2. Work under this item includes all labor, equipment and material for full removal
and disposal of all materials including, but not limited to, HMA, Portland Cement
Concrete, reinforcement, composite sections, bricks, etc. Bid unit price includes,
SC-15
561176

Special Conditions
but is not limited to, sawing, hauling and disposal of materials. No additional
payment will be made for varying thicknesses. Item includes all existing
subbase/subgrade removal and preparation for new 6" aggregate base, which
will be paid separately.
3. Measurement and payment will be made at the unit price per square yard (SY)
for the area of driveway removal for REMOVAL OF PAVEMENT, which price shall
include all labor, materials, and equipment necessary to complete this item.
Bid Item No. 1.18/2.18 –Removal of Intakes (EA)
1. In locations where shown on the plans or where directed by the Engineer, the
Contractor shall remove an existing storm sewer intake that are being replaced
by new construction or are no longer part of the system.
2. Existing castings are to be salvaged and turned over to the City or disposed of if
City does not want them. Contractor to store on site and coordinate pick up
with the Engineer.
3. Trench Backfill will not be paid for separately and shall be considered incidental
to this item. Unit price includes furnishing and placing compacted Granular
Trench Backfill – imported Class A crushed stone, Iowa DOT Grad. No. 11
(conforming to Iowa DOT Specifications Section 4120.04, "Class A Crushed
Stone"). The intent is to remove and dispose of excavated materials and place
new granular trench backfill, all of which is incidental.
4. Price bid will include all excavation, disposal of excavated material and structure,
granular trench backfill, and concrete plugs necessary to abandon an existing
pipe. Payment and measurement for this item shall be made at the unit price
bid per Each of REMOVAL OF INTAKES, which price will include all labor,
materials, and equipment necessary to complete this item.
Bid Item No. 1.19/2.19 –Removal of Sidewalk (SF)
1. Work under this item will be in accordance with SUDAS Section 7030 and 7040,
latest edition, insofar as applicable and as specified herein.
2. This item shall include all labor, equipment, and material necessary to remove
existing sidewalk concrete where shown on drawings, including any necessary
saw cutting, hauling, removing and disposal.
3. Price includes excavation, concrete removal, subgrade removal, and sidewalk
subgrade preparation. This item includes any excavation required to get down
to bottom of new subbase placement material for sidewalk sections.
4. Payment for this item shall be at the contract unit price per Square Foot (SF) of
REMOVAL OF SIDEWALK, which price shall include all labor, materials, and
equipment necessary to complete this item.

SC-16
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Special Conditions
Bid Item No. 1.20/2.20 – Sidewalk, P.C. Concrete, 4 In. (SF)
1. Work under this item will be in accordance with SUDAS Section 7030, and
Section 2511 of the Iowa DOT Standard Specifications for Highway and Bridge
Construction, latest edition, insofar as applicable and as specified herein.
2. This item shall consist of the construction of 4" Portland Cement Concrete (PCC)
Sidewalk at the locations shown in the drawings. All jointing, saw cuts, forming,
preformed expansion joint fillers, sealant, curing, any necessary tie bars and
reinforcement, field construction of sidewalk grades to be ADA compliant and
proper drainage shall be considered incidental to this bid item.
3. The Contractor shall use Class C concrete materials complying with SUDAS
Section 7010 and have a coarse aggregate of Class 2 durability or better.
4. 4" Sidewalk construction shall be installed on 4" granular subbase leveling pad
(Iowa DOT Grad. No. 11). 4" granular subbase incidental to this line item.
5. Sidewalk shall be constructed with tooled joints. Joint spacing shall match
sidewalk width up to a maximum of 6 feet. Place expansion joints every 50 feet
and at property lines. Approved contractor's nameplate shall be stamped at
property lines.
6. The adjustment to grade of utility and their respective boxouts for shutoffs,
valves and electrical handholes shall be considered an incidental cost to this
item.
7. Measurement and payment for this item shall be made at the unit price bid per
Square Foot (SF) of SIDEWALK, P.C. CONCRETE, 4 IN. (SF), which price will include
all labor, materials, and equipment necessary to complete this item.
Bid Item No. 1.21/2.21 – Construction Survey (LS)
1. This item includes all costs for labor, equipment, and material to provide all
construction field staking and re-staking necessary for the complete construction
of the project. Item also includes utility locates, necessary staking for utility, and
providing as-built plans after completion of construction including sketches with
dimensions of patching, invert/rims of all structures/aprons/intakes, and
additions/deletions/changes from contract shown in sketch form.
2. This work shall comply with SUDAS Section 11,010 and Iowa Department of
Transportation Standard Specifications for Highway and Bridge Construction,
latest edition as applicable and as specified herein.
3. The contractor shall be responsible for subcontracting with a professional
licensed land surveying firm to provide layout stakes as required to construct
project. The contractor shall construct sidewalk improvements to drain properly
and is responsible for adjusting grades as required to ensure drainage,
correction/modification of ditching, etc.
4. Item includes all survey monument preservation, protection and replacement if
needed.
SC-17
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Special Conditions
5. Payment for this item will be made at the contract Lump Sum price for
CONSTRUCTION SURVEY, which price will include all labor, materials, and
equipment necessary to complete this item.
Bid Item No. 1.22/2.22 – Traffic Control (LS)
1. This work shall comply with Section 2528 of the Iowa Department of
Transportation Standard Specifications for Highway and Bridge Construction,
latest edition and the "Manual on Uniform Traffic Control Devices" insofar as
applicable and as specified herein.
2. Traffic control items shall be placed as needed to implement Contractors'
construction plan for sidewalk construction and adjacent roadway in areas as
shown on Plan Drawings. The Contractor will be required to provide the City a
traffic control implementation plan which includes sequencing, phasing and
staging. The Contractor will be required to coordinate w/ the City and Engineer
on concurrent construction on Cody Road to minimize traffic/detouring impacts.
3. Contractor shall be required to furnish barricades, signs, flashers, and warning
devices as required per Iowa Department of Transportation (IADOT) Traffic
Control Standard Plans and as appropriate for the particular construction
operation. Such devices will be provided by the Contractor as necessary for the
safety of the general public and workmen.
4. The Engineer may request additional signs, barricades, and other devices as
required at no additional cost to the Owner.
5. Safety fencing shall be provided, installed, and maintained by the Contractor
around the perimeter of any excavation left open during non-working hours.
6. The Contractor shall maintain traffic through pavement patching areas with
appropriate detour methods and signage during construction. Contractor to
produce traffic plan, fill out forms, obtain any necessary permits and
permissions. Access to local businesses and residents must be maintained at all
times as well. Pedestrian walkway rerouting, signage and barricades are
incidental to this item.
7. The price bid will include all labor, materials, and equipment necessary to
complete this item. Payment will be made at the contract Lump Sum price for
TRAFFIC CONTROL and shall be paid incrementally based on the percentage of
completion of the total project.
Bid Item No. 1.23/2.23 – Mobilization (LS)
1. This work includes the mobilization cost. This item shall include all labor,
equipment, and material necessary for the Contractor to access the site (at
multiple project locations) as well as to operate and stage equipment necessary
for successful completion of the project. Lump sum price includes cost of
SC-18
561176

Special Conditions
incidental items of construction including mobilization, insurance, bonds and
demobilization.
2. Measurement and payment for this item shall be made at unit price per bid per
Lump Sum for MOBILIZATION.
Bid Item No. 1.24/2.24 – TRENCH FOUNDATION (TON)
1. This work shall comply with SUDAS Section 3010. This item shall be constructed,
measured, and paid for per ton and shall include all labor, equipment, and
material necessary to place and compact crushed rock for sewer foundation
material. Foundation material shall conform to SUDAS Section 3010; however,
the gradation may vary depending on the conditions and as approved by the
Engineer. Foundation material shall be used as a pay item only when unsuitable
trench conditions warrant as determined by the Engineer. This item shall include
trench excavation necessary to place the material at proper grade, removal, and
disposal of unsuitable or excess material, and all labor, material, equipment, and
transportation necessary to place and compact the material.
2. Quantities of foundation material shall be computed from copies of delivery
tickets of material used at the job site. Trench foundation required to correct
unauthorized over-excavation will not be measured.
3. Intent of this item is to be used for trench foundation material needed under
new piping, structures, or any other need for stabilization of a trench. This will
not be material used for roadway subgrade stabilization.
4. Measurement and payment for this item shall be made at the unit price bid per
Ton for TRENCH FOUNDATION delivered and placed.
Bid Item No. 1.25/2.25 – Hydraulic Seeding, Fertiliz & Mulching – Native Seeding (SY)
1. This work shall comply with SUDAS Section 9010 and Section 2601.03 of the Iowa
Department of Transportation Standard Specifications for Highway and Bridge
Construction, insofar as applicable and as specified herein.
2. Hydraulically applied seed shall be a Mesic Prairie 30/10 Native Seed Mix or
similar. No fertilizer or lime shall be used with Native Seed Mix. Follow Tall
Grass Prairie recommendations for seed mix. Increase application rate for
hydroseed by 25% for Native Seed Mix.
3. Normal permanent seed application dates are March 1 through May 31 and
August 10 through September 30.
4. Work shall include removal of rock and other undesirable debris from the areas
to be seeded, repairing rills and washes, preparing the seedbed, furnishing, and
placing the seed, and furnishing water and other care as necessary to establish
growth.
5. A minimum of 4" of topsoil shall be placed in areas to be seeded and is included
in this bid item.
SC-19
561176

Special Conditions
6. Miscellaneous erosion control features as indicated on the plans or as directed
by the engineer, per supplemental specification on EROSION CONTROL, shall be
considered incidental to this pay item.
7. Any additional seeding required due to construction operations or contractor
storage outside of the grading and construction limits will not be paid for and
shall be considered incidental.
8. Payment for this item will be made at the unit price bid per Square Yard (SY) of
SEEDING, FERTILIZING AND MULCHING FOR HYDRAULIC SEEDING – NATIVE
SEEDING, which price will include all labor, materials, and equipment necessary
to complete this item.
Bid Item No. 1.26/2.26 – Hydraulic Seeding, Fertiliz & Mulching– Lawn Seeding (SY)
1. This work shall comply with SUDAS Section 9010 and Section 2601.03 of the Iowa
Department of Transportation Standard Specifications for Highway and Bridge
Construction, insofar as applicable and as specified herein.
2. Hydraulically applied seed shall be a Type 1, Permanent Lawn Mixture.
Hydraulically applied mulch shall be a Bonded Fiber Matrix.
3. Normal permanent seed application dates are March 1 through May 31 and
August 10 through September 30.
4. Work shall include removal of rock and other undesirable debris from the areas
to be seeded, repairing rills and washes, preparing the seedbed, furnishing, and
placing the seed, and furnishing water and other care as necessary to establish
growth.
5. A minimum of 4" of topsoil shall be placed in areas to be seeded and is included
in this bid item.
6. Miscellaneous erosion control features as indicated on the plans or as directed
by the engineer, per supplemental specification on EROSION CONTROL, shall be
considered incidental to this pay item.
7. Any additional seeding required due to construction operations or contractor
storage outside of the grading and construction limits will not be paid for and
shall be considered incidental.
8. Payment for this item will be made at the unit price bid per Square Yard (SY) of
SEEDING, FERTILIZING AND MULCHING FOR HYDRAULIC SEEDING – LAWN
SEEDING, which price will include all labor, materials, and equipment necessary
to complete this item.
Bid Item No. 1.27/2.27 – TEMP ROLLED EROSION CONTROL PRODUCT, TYPE 2 (SY)
1. This work shall comply with SUDAS Section 9040, SUDAS Details 9040.103 and
9040.104, and Iowa DOT Standard Specifications for Highway and Bridge
Construction, latest edition, insofar as applicable and as specified herein.
SC-20
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Special Conditions
2. Unit price includes, but is not limited to, excavation, staples, anchoring devices,
rolled erosion control product, and material for anchoring slots. Product to be
used on side slopes and ditches. Use minimum RECP Type 2 material
classification w/ a 3:1 slope application. Refer to SUDAS Specifications 9040,
2.05B for Classification Standards Table. Provide non-netted option.
3. Measurement and payment for this item shall be made the unit price bid per
Square Yard (SY) of TEMPORARY ROLLED EROSION CONTROL PRODUCT, TYPE 2
and shall include all labor, equipment, and material necessary.
Bid Item No. 1.28/2.28 – Erosion Control (LS)
1. This item shall include costs for materials, equipment, and labor to implement,
install and maintain all items of work, including temporary and final placement
and removal of temporary pollution prevention measures and miscellaneous
associated work. This item includes, but is not limited to, filter berms and filter
socks/waddles, silt fences (if needed), sediment control perimeter devices,
intake protection, and miscellaneous items needed for effective
erosion/sediment control measures. This work shall comply with SUDAS Section
9040 and City of LeClaire COSESCO – any fees associated w/ COSESCO included in
this item. The Contractor shall prevent dirt, debris, and roadway materials from
entering the storm sewer system. Site cleanup including, but not limited to,
roadway, sidewalk and yards shall be performed at the end of construction.
Please note that this is a lump sum item to account for all other
sediment/erosion control items and maintenance not paid for by specific
contract line items. The contractor will not be paid for separate for these erosion
control pay items shown in SUDAS Section 9040.
2. Payment will be made at the unit price bid per Lump Sum for EROSION
CONTROL.

SC-21
561176

PLANS LIST
12TH AND DAVENPORT STREET STORM IMPROVEMENTS
LECLAIRE, IOWA
1. PLANS
A. The work shall conform with the following drawings (bound separately) and Standard
Drawings which constitute the "plans" and are an integral part of the Contract
Documents.
Title
Title & Index Sheet
Project Notes
Estimate of Project Quantities
Project Plan Overview – Bid Alternate 1
Project Plan Overview – Bid Alternate 2
Plan & Profile – Bid Alternate 1
Plan & Profile – Bid Alternate 2
Plan & Profile

PL-1
561176

Drawing
Number
A.1
B.1
B.2
C.1.1
C.1.2
C2.1
C.2.2
C.3

Resolution 26-156
A RESOLUTION APPROVING AN ENGINEERING SERVICES AGREEMENT
FOR THE DESIGN PHASE WITH ORIGIN DESIGN FOR THE 35TH ST. TRAIL
AND I-80 BRIDGE PROJECT IN AN AMOUNT NOT TO EXCEED $139,500.00
WHEREAS, the City Council of the City of LeClaire, Iowa, passed Resolution 26-XXX on June
16, 2026, authorizing a Federal-Aid Agreement through the Transportation Alternatives Program
with the Iowa Department of Transportation for the 35th St Trail and I-80 Bridge Project, and
WHEREAS, the City of LeClaire has requested the Engineering Services of Origin Design for
the design phase of the 35th St. Trail & I-80 Bridge Project as outlined in the contract; and
WHEREAS, account code 328-321-6407 will be used to track expenditures.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of LeClaire, Iowa, that
the attached Engineering Services Agreement with Origin Design, in an amount not to exceed
$139,500.00 for the 35TH St. Trail and I-80 Bridge Project is hereby approved, provided, however,
that said agreement is in substantially similar form and content to that attached hereto and
incorporated herein. All resolutions or parts of resolutions in conflict herewith are hereby repealed
to the extent of such conflict.
PASSED AND APPROVED by the LECLAIRE CITY COUNCIL this 6th day of July 2026.

Megan K. Smith, City Clerk

Resolution Approved
Resolution Vetoed
Resolution Uncontested

Dennis Gerard, Mayor
July 6, 2026

AGREEMENT BETWEEN OWNER (CITY OF LECLAIRE, IOWA)
AND ENGINEER (ORIGIN DESIGN CO.)
FOR PROFESSIONAL SERVICES

EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.

Origin Design
Project No. 26092

AGREEMENT BETWEEN OWNER AND ENGINEER
FOR PROFESSIONAL SERVICES
TABLE OF CONTENTS
Page
Article 1— Services Of Engineer ................................................................................................................... 1
1.01
Scope ........................................................................................................................................... 1
Article 2— Owner’s Responsibilities ............................................................................................................. 1
2.01
Project Information ..................................................................................................................... 1
2.02
Owner’s Instructions Regarding Bidding/Proposal and Front-End Construction Contract
Documents ................................................................................................................................................ 2
2.03
Owner-Furnished Services ........................................................................................................... 3
2.04
Owner’s General Responsibilities ................................................................................................ 4
2.05
Payment ....................................................................................................................................... 5
Article 3— Schedule For Rendering Services ................................................................................................ 5
3.01
Commencement .......................................................................................................................... 5
3.02
Time for Completion.................................................................................................................... 5
Article 4— Invoices And Payments ............................................................................................................... 6
4.01
Invoices ........................................................................................................................................ 6
4.02
Payments ..................................................................................................................................... 6
Article 5— Opinions Of Cost ......................................................................................................................... 7
5.01
Opinions of Probable Construction Cost ..................................................................................... 7
5.02
Opinions of Total Project Costs ................................................................................................... 7
Article 6— General Considerations............................................................................................................... 7
6.01
Standards of Performance ........................................................................................................... 7
6.02
Ownership and Use of Documents .............................................................................................. 9
6.03
Electronic Transmittals .............................................................................................................. 10
6.04
Insurance ................................................................................................................................... 10
6.05
Suspension and Termination ..................................................................................................... 12
6.06
Successors, Assigns, and Beneficiaries ...................................................................................... 13
6.07
Dispute Resolution .................................................................................................................... 14
6.08
Controlling Law; Venue ............................................................................................................. 14
6.09
Environmental Condition of Site ............................................................................................... 14
6.10
Indemnification and Mutual Waiver ......................................................................................... 16
6.11
Records Retention ..................................................................................................................... 16
6.12
Miscellaneous Provisions........................................................................................................... 17
Article 7— Definitions ................................................................................................................................. 17
7.01
Defined Terms ........................................................................................................................... 17
Article 8— Exhibits And Special Provisions ................................................................................................. 22
8.01
Exhibits to Agreement ............................................................................................................... 22
8.02
Total Agreement ........................................................................................................................ 22
8.03
Designated Representatives ...................................................................................................... 22
8.04
Engineer's Certifications ............................................................................................................ 22
8.05
Conflict of Interest ..................................................................................................................... 23

EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
TOC Page 1 of 1

AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES
This is an Agreement between City of LeClaire (Owner) and Origin Design (Engineer). Owner’s Project, of
which Engineer’s services under this Agreement are a part, is generally identified as 35th Street Trail and
Pedestrian Bridge (Project). Other terms used in this Agreement are defined in Article 7. Engineer’s
services under this Agreement are generally identified as design development through bidding.
Owner and Engineer further agree as follows:
ARTICLE 1—SERVICES OF ENGINEER
1.01

Scope
A.

Engineer shall provide, or cause to be provided, the services set forth herein and in Exhibit A.

B.

All phases of service will include Management of Engineering Services as shown in Exhibit A.

ARTICLE 2—OWNER’S RESPONSIBILITIES
2.01

Project Information
A.

B.

To the extent Owner has not already provided the following, or has new, additional, or
revised information from that previously provided, Owner shall provide Engineer with
information and data needed by Engineer in the performance of Basic and Additional
Services, including Owner’s:
1.

design objectives and constraints;

2.

space, capacity, and performance requirements;

3.

flexibility and expandability needs;

4.

design and construction standards;

5.

budgetary limitations; and

6.

any other available information pertinent to the Project including reports and data
relative to previous designs, construction, or investigation at or adjacent to the Site.

Following Engineer’s assessment of initially-available Project information and data and upon
Engineer’s request, Owner shall obtain, furnish, or otherwise make available (if necessary
through retention of specialists or consultants) such additional Project-related information
and data as is reasonably required to enable Engineer to complete its Basic and Additional
Services; or, with consent of Engineer, Owner may authorize the Engineer to obtain or
provide all or part of such additional information as Additional Services. Such additional
information or data may include the following:
1.

Property descriptions.

2.

Zoning, deed, and other land use restrictions.

3.

Surveys, topographic mapping, and utility documentation.

4.

Property, boundary, easement, right-of-way, and other special surveys or data,
including establishing relevant reference points.

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2.02

5.

Explorations and tests of subsurface conditions at or adjacent to the Site; geotechnical
reports and investigations; drawings of physical conditions relating to existing surface
or subsurface structures at the Site; hydrographic surveys, laboratory tests and
inspections of samples, materials, and equipment; appropriate professional
interpretation of such information or data.

6.

Environmental assessments, audits, investigations, and impact statements, and other
relevant environmental, historical, or cultural studies relevant to the Project, the Site,
and adjacent areas.

7.

Data or consultations as required for the Project but not otherwise identified in this
Agreement.

C.

Owner shall examine all alternative solutions, studies, reports, sketches, Drawings,
Specifications, proposals, and other documents presented by Engineer (including obtaining
advice of an attorney, risk manager, insurance counselor, financial/municipal advisor, and
other advisors or consultants as Owner deems appropriate with respect to such examination)
and render in writing timely decisions pertaining thereto.

D.

Owner shall furnish to Engineer data as to Owner’s anticipated costs for services to be
provided to Owner by others (including, but not limited to, accounting, bond and financial,
independent cost estimating, insurance counseling, and legal advice) so that Engineer may
assist Owner in collating the various cost categories that comprise Total Project Costs.

E.

Owner shall advise Engineer if any invention, design, process, product, or device that Owner
has requested, required, or recommended for inclusion in the Drawings or Specifications will
be subject to payment (whether by Owner or Contractor) of any license fee or royalty to
others, as required by patent rights or copyrights.

F.

Owner shall inform Engineer as to whether Engineer’s assistance is requested with respect
to Owner’s evaluation of the possible use of Project Strategies, Technologies, and
Techniques, as defined in Exhibit A.

G.

Owner shall inform Engineer as to whether Engineer’s assistance is requested in identifying
opportunities for enhancing the sustainability of the Project.

Owner’s Instructions Regarding Bidding/Proposal and Front-End Construction Contract
Documents
A.

Owner shall give instructions to Engineer regarding Owner’s procurement of construction
services (including instructions regarding advertisements for bids, instructions to bidders,
and requests for proposals, as applicable) and Owner’s construction contract practices and
requirements, and furnish to Engineer (or give specific directions requesting Engineer to use
copies already in Engineer’s possession) the following:
1.

Owner’s standard contract forms, general conditions (if other than the current edition
of EJCDC® C-700, Standard General Conditions of the Construction Contract),
supplementary conditions, text, and related documents and content for Engineer to
include in the draft Bidding/Proposal Documents, and in draft Front-End Construction
Contract Documents;

2.

insurance and bonding requirements;

3.

protocols for electronic transmittals during bidding and construction;

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B.

4.

Owner’s safety and security programs applicable to Contractor and other Constructors;

5.

diversity and other social responsibility requirements;

6.

bidding and contract requirements of funding, financing, or regulatory entities;

7.

other specific conditions applicable to the procurement of construction or contract
documents;

8.

any other information necessary for Engineer to assist Owner in preparing its
Bidding/Proposal Documents and Front-End Construction Contract Documents.

Owner shall have responsibility for the final content of (1) such Bidding/Proposal Documents,
and (2) such Front-End Construction Contract Documents, other than content furnished by
Engineer concerning the design (as set forth in the Drawings, Specifications, or otherwise) or
other engineering or technical matters.
1.

C.
2.03

Owner shall seek the advice of Owner’s legal counsel, risk managers, and insurance
advisors with respect to the drafting and content of such documents.

If there will be an advertisement soliciting bids for construction, Owner shall place and pay
for such advertisement.

Owner-Furnished Services
A.

Recognizing and acknowledging that Engineer's services and expertise do not include the
following services, Owner shall obtain, as required for the Project:
1.

Accounting, bond and financial advisory services (including, if applicable, “municipal
advisor” services as described in Section 975 of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (2010) and the municipal advisor registration rules issued by
the Securities and Exchange Commission), independent cost estimating, and insurance
counseling services.

2.

Legal services, including attorney review of proposed Construction Contract
Documents, legal services required by Owner, legal services needed as a result of issues
raised by Contractor, and Project-related legal services reasonably requested by
Engineer.

3.

Auditing services, including those needed by Owner to ascertain how or for what
purpose Contractor has used money paid to it.

B.

Owner shall provide the services of an independent testing laboratory to perform all
inspections, tests, and approvals of samples, materials, and equipment required by the
Construction Contract Documents (other than those required to be furnished or arranged by
Contractor), or to evaluate the performance of materials, equipment, and facilities of Owner,
prior to their incorporation into the Work with appropriate professional interpretation
thereof. Owner shall provide Engineer with the findings and reports generated by testing
laboratories, including findings and reports obtained from or through Contractor.

C.

Owner shall acquire or arrange for acquisition of the Site(s) and any temporary or permanent
rights of access, easements, or property rights needed for the Project.

D.

With respect to the portions or phases of the Project designed or specified by Engineer,
Owner shall provide, obtain, or arrange for:
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E.
2.04

1.

all required reviews, approvals, consents, and permits from governmental authorities
having jurisdiction, and

2.

such reviews, approvals, and consents from others as may be necessary for completion
of each portion or phase of the Project.

Owner may delegate to Contractor or others the responsibilities set forth in
Paragraphs 2.03.C and D.

Owner’s General Responsibilities
A.

Owner shall inform Engineer of the policies, procedures, and requirements of Owner that are
applicable to Engineer's performance of services under this Agreement.

B.

Owner shall provide Engineer with Owner’s budget for the Project, including type and source
of funding to be used, and will promptly inform Engineer if the budget or funding sources
change.

C.

Owner shall inform Engineer in writing of any safety or security programs that are applicable
to the personnel of Engineer, its Subconsultants, and Engineer’s Subcontractors, as they visit
the Site or otherwise perform services under this Agreement.

D.

Owner shall arrange for safe access to and make all provisions for Engineer to enter upon
public and private property as required for Engineer to perform services under this
Agreement.

E.

Owner shall provide necessary direction and make decisions, including prompt review of
Engineer’s submittals, and carry out its other responsibilities in a timely manner so as not to
delay Engineer’s performance of its services.

F.

Owner shall be responsible for all requirements and instructions that it furnishes to Engineer
pursuant to this Agreement, and for the accuracy and completeness of all programs, reports,
data, and other information furnished by Owner to Engineer pursuant to this Agreement.
Engineer may use and rely upon such requirements, programs, instructions, reports, data,
and information in performing or furnishing services under this Agreement, subject to any
express limitations or reservations applicable to the furnished items.

G.

Owner shall give prompt written notice to Engineer whenever Owner observes or otherwise
becomes aware of:
1.

any development that affects the scope or time of performance of Engineer’s services;

2.

the presence at the Site of any Constituent of Concern; or

3.

any relevant, material defect or nonconformance in: (a) Engineer’s services, (b) the
Work, (c) the performance of any Constructor, or (d) Owner’s performance of its
responsibilities under this Agreement.

H.

Owner shall advise Engineer of the identity and scope of services of any independent
consultants employed by Owner to perform or furnish services in regard to the Project,
including, but not limited to, cost estimating, project peer review, value engineering, and
constructability review.

I.

If Owner designates a construction manager, site representative, or any individual or entity
other than, or in addition to, Engineer to represent Owner at the Site, Owner shall define and
set forth as an exhibit to this Agreement the duties, responsibilities, and limitations of
EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies,
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Page 4 of 24

authority of such other party and the relation thereof to the duties, responsibilities, and
authority of Engineer.
J.

2.05

Owner shall:
1.

Attend and participate in the pre-bid conference, bid opening, pre-construction
conferences, construction progress and other job-related meetings, and Site visits to
determine Substantial Completion and readiness of the completed Work for final
payment.

2.

Primarily communicate with Engineer’s Subcontractors and Subconsultants through the
Engineer.
a.

Promptly inform Engineer of the substance of any communications between
Owner and Engineer’s Subcontractors or Subconsultants.

b.

Refrain from directing the services of Engineer’s Subcontractors or Subconsultants.

3.

Authorize Engineer to provide Additional Services as set forth in Article 2 of Exhibit A of
the Agreement, as required.

4.

Perform or provide the following:
a.

Any existing project documentation or files.

b.

Property Negotiations, if necessary.

Payment
A.

Owner shall pay Engineer as set forth in Article 4 and Exhibit J.

B.

Engineer’s compensation is summarized as follows; if there is a conflict between the
following summary and the contents of Exhibit J, then Exhibit J will prevail.

Description of Service

Amount

1.
2.
3.

$72,700.00
$66,800.00

Design Development – Preliminary Design
Design Development – Final Design and Bidding
Additional Services (Article 2 of Exhibit A)

Basis of
Compensation
Lump Sum
Lump Sum
Hourly Rates

1.

Compensation items and totals based in whole or in part on Hourly Rates, Direct Labor,
or Percentage of Construction Cost are estimates only.

2.

Lump sum amounts incorporate Engineer’s labor, overhead, profit, and Engineer’s
Subcontractor and Subconsultants’ charges.

ARTICLE 3—SCHEDULE FOR RENDERING SERVICES
3.01

Commencement
A.

3.02

Engineer is authorized to begin rendering services as of the Effective Date.

Time for Completion
A.

Engineer shall complete its obligations within a reasonable time. Specific periods of time for
rendering services, or specific dates by which services are to be completed, are provided in
Exhibit B, and are hereby agreed to be reasonable.
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B.

If, through no fault of Engineer, such periods of time or dates are changed, or the orderly
and continuous progress of Engineer’s services is impaired, or Engineer’s services are delayed
or suspended, then the time for completion of Engineer’s services, and the rates and
amounts of Engineer’s compensation, will be adjusted equitably.

C.

If Owner authorizes changes in the scope, extent, or character of the Project or Engineer’s
services, then the time for completion of Engineer’s services, and the rates and amounts of
Engineer’s compensation, will be adjusted equitably.

D.

If Engineer fails, for reasons within control of Engineer, to complete the performance
required in this Agreement within the time set forth, as duly adjusted, then Owner shall be
entitled, as its sole remedy, to the recovery of direct damages to the extent, if any, resulting
from such failure by Engineer.

ARTICLE 4—INVOICES AND PAYMENTS
4.01

Invoices
A.

4.02

Preparation and Submittal of Invoices: Engineer shall prepare invoices in accordance with its
standard invoicing practices, the progress reporting and special invoicing requirements (if
any) in Exhibit A Paragraph 1.01.A, and the terms of Exhibit J. Engineer shall submit its
invoices to Owner on a monthly basis. Invoices are due and payable within 30 days of receipt.

Payments
A.

Application to Interest and Principal: Payment will be credited first to any interest owed to
Engineer and then to principal.

B.

Disputed Invoices: If Owner disputes an invoice, either as to amount or entitlement, then
Owner shall promptly advise Engineer in writing of the specific basis for doing so; may
withhold only that portion so disputed; and must pay the undisputed portion, subject to the
terms of Paragraph 4.01. After a disputed item has been resolved, Engineer shall include the
agreed-upon amount on a new invoice.

C.

Failure to Pay: If Owner fails to make any undisputed payment due Engineer within 30 days
after receipt of Engineer’s invoice, then:

D.

1.

amounts due Engineer will be increased at the rate of 1.0% per month (or the maximum
rate of interest permitted by law, if less) from said thirtieth day, and

2.

Engineer may, after giving 7 days’ written notice to Owner, suspend services under this
Agreement until Owner has paid in full amounts due. Owner waives any and all claims
against Engineer for any such suspension.

Sales or Use Taxes: If after the Effective Date any governmental entity takes an action that
imposes additional sales or use taxes on Engineer’s services or compensation under this
Agreement, then Engineer may invoice such additional sales or use taxes for reimbursement
by Owner. Owner shall reimburse Engineer for the cost of such invoiced additional sales or
use taxes; such reimbursement will be in addition to the compensation to which Engineer is
entitled under the terms of Exhibit J.

EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies,
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Page 6 of 24

ARTICLE 5—OPINIONS OF COST
5.01

Opinions of Probable Construction Cost
A.

5.02

Engineer’s opinions of probable Construction Cost (if any) are to be made on the basis of
Engineer’s experience, qualifications, and general familiarity with the construction industry.
However, because Engineer has no control over the cost of labor, materials, equipment, or
services furnished by others, or over contractors’ methods of determining prices, or over
competitive bidding or market conditions, Engineer cannot and does not guarantee that
proposals, bids, or actual Construction Cost will not vary from opinions of probable
Construction Cost prepared by Engineer. If Owner requires greater assurance as to probable
Construction Cost, then Owner agrees to obtain an independent cost estimate.

Opinions of Total Project Costs
A.

The services, if any, of Engineer with respect to Total Project Costs will be limited to assisting
the Owner in tabulating the various categories that comprise Total Project Costs. Engineer
assumes no responsibility for the accuracy of any opinions of Total Project Costs.

ARTICLE 6—GENERAL CONSIDERATIONS
6.01

Standards of Performance
A.

Standard of Care: The standard of care for all professional engineering and related services
performed or furnished by Engineer under this Agreement will be the care and skill ordinarily
used by members of the subject profession practicing under similar circumstances at the
same time and in the same locality. Engineer makes no warranties, express or implied, under
this Agreement or otherwise, in connection with any services performed or furnished by
Engineer.

B.

Technical Accuracy: Owner shall not be responsible for discovering deficiencies in the
technical accuracy of Engineer’s services. Engineer shall correct deficiencies in technical
accuracy without additional compensation, unless such corrective action is directly
attributable to deficiencies in Owner-furnished information.

C.

Engineer’s Subcontractors and Subconsultants: Engineer may retain such Engineer’s
Subcontractors and Subconsultants as Engineer deems necessary to assist in the
performance or furnishing of the services, subject to reasonable, timely, and substantive
objections by Owner.

D.

Reliance on Others: Subject to the standard of care set forth in Paragraph 6.01.A, Engineer
may use or rely upon design elements and information ordinarily or customarily furnished by
others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the
publishers of technical standards.

E.

Compliance with Laws and Regulations, and Policies and Procedures
1.

Engineer and Owner shall comply with applicable Laws and Regulations.

2.

Engineer shall comply with the policies, procedures, and instructions of Owner that are
applicable to Engineer's performance of services under this Agreement and that Owner
provides to Engineer in writing, subject to the standard of care set forth in

EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies,
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Paragraph 6.01.A, and to the extent compliance is not inconsistent with professional
practice requirements.
3.

This Agreement is based on Laws and Regulations and Owner-provided written policies
and procedures as of the Effective Date. The following may be the basis for
modifications to Owner’s responsibilities or to Engineer’s scope of services, times of
performance, or compensation:
a.

changes after the Effective Date to Laws and Regulations,

b.

the receipt by Engineer after the Effective Date of Owner-provided written policies
and procedures, and

c.

changes after the Effective Date to Owner-provided written policies or procedures.

F.

General Conditions of Construction Contract: The general conditions for any Construction
Contract Documents prepared hereunder are to be the Contract format required by Iowa
DOT.

G.

Copies of Drawings and Specifications: If Engineer is required to prepare or furnish Drawings
or Specifications under this Agreement, Engineer shall deliver to Owner at least one
complete electronic copy of such Drawings and Specifications, signed and sealed according
to applicable Laws and Regulations, and one complete printed copy, duly signed and sealed.

H.

Engineer shall not be required to sign any document, no matter by whom requested, that
would result in Engineer having to certify, guarantee, or warrant conditions whose existence
Engineer cannot ascertain within the authorized scope of Engineer’s services. Owner agrees
not to make resolution of any dispute with Engineer or payment of any amount due to
Engineer in any way contingent upon Engineer signing any such document.

I.

Engineer shall not at any time supervise, direct, control, or have authority over any
Constructor’s work, nor will Engineer have authority over or be responsible for the means,
methods, techniques, sequences, or procedures of construction selected or used by any
Constructor, or the safety precautions and programs incident thereto, for security or safety
at the Site, nor for any failure of a Constructor to comply with Laws and Regulations
applicable to that Constructor’s furnishing and performing of its work. Engineer shall not be
responsible for the acts or omissions of any Constructor.

J.

Engineer neither guarantees the performance of any Constructor nor assumes responsibility
for any Constructor’s failure to furnish and perform the Work in accordance with the
Construction Contract Documents.

K.

Engineer shall not be responsible for any decision made regarding the Construction Contract
Documents, or any application, interpretation, clarification, or modification of the
Construction Contract Documents, other than those made by Engineer.

L.

Engineer is not required to provide and does not have any responsibility for surety bonding
or insurance-related advice, recommendations, counseling, or research, or enforcement of
construction insurance or surety bonding requirements.

M. Engineer’s services do not include providing legal advice or representation.
N.

Engineer’s services do not include (1) serving as a “municipal advisor” for purposes of the
registration requirements of Section 975 of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (2010) or the municipal advisor registration rules issued by the
EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies,
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Securities and Exchange Commission, or (2) advising Owner, or any municipal entity or other
person or entity, regarding municipal financial products or the issuance of municipal
securities, including advice with respect to the structure, timing, terms, or other similar
matters concerning such products or issuances.
O.

6.02

While at the Site, Engineer, its Subconsultants, and Engineer’s Subcontractors, and their
employees and representatives will comply with the applicable requirements of Contractor's
and Owner's safety programs of which Engineer has been informed in writing.

Ownership and Use of Documents
A.

All Documents are instruments of service, and Engineer owns the Documents, including all
associated copyrights and the right of reuse at the discretion of the Engineer. Engineer shall
continue to own the Documents and all associated rights whether or not the Project is
completed.
1.

Owner may make and retain copies of Documents for information and reference in
connection with the use of the Documents on the Project.

2.

Engineer grants Owner a limited license to use the Documents on the Project,
extensions of the Project, and for related uses of the Owner, subject to receipt by
Engineer of full payment due and owing for all services relating to preparation of the
Documents, and subject to the following limitations:
a.

Owner acknowledges that such Documents are not intended or represented to be
suitable for use on the Project unless completed by Engineer, or for use or reuse
by Owner or others on extensions of the Project, on any other project, or for any
other use or purpose, without written verification or adaptation by Engineer;

b.

any such use or reuse, or any modification of the Documents, without written
verification, completion, or adaptation by Engineer, as appropriate for the specific
purpose intended, will be at Owner’s sole risk and without liability or legal exposure
to Engineer or to its officers, directors, members, partners, agents, employees, and
Subconsultants;

c.

Owner shall indemnify and hold harmless Engineer and its officers, directors,
members, partners, agents, employees, and Subconsultants from all claims,
damages, losses, and expenses, including attorneys’ fees, arising out of or resulting
from any use, reuse, or modification of the Documents without written verification,
completion, or adaptation by Engineer; and

d.

such limited license to Owner shall not create any rights in third parties.

B.

If Engineer at Owner’s request verifies the suitability of the Documents, completes them, or
adapts them for extensions of the Project or for any other purpose, then Owner shall
compensate Engineer at rates or in an amount to be agreed upon by Owner and Engineer.

C.

Engineer shall inform Owner if Engineer is aware of any invention, design, process, product,
or device specified in the Drawings, Specifications, or other Documents that is subject to
payment (whether by Owner or Contractor) of any license fee or royalty to others, as
required by patent rights or copyrights. If Engineer’s good-faith inclusion in the Drawings,
Specifications, or other Documents of new, innovative, or non-standard technologies, for the
benefit of Owner and the Project, results in third-party claims of infringement or violation of
EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
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Page 9 of 24

intellectual property rights, then Owner and Engineer shall share equally the costs of
defending against, settling, or paying such claims.
D.

6.03

Electronic Transmittals
A.

6.04

Engineer will obtain Owner’s consent, which will not be unreasonably withheld, prior to
releasing any publicity, including news and press releases, promotional publications, award
and prize competition submittals, and other advertising regarding the subject matter of this
Agreement. Nothing herein will limit the Engineer’s right to include information in
statements of qualifications and proposals to others accurately describing its participation
and participation of employees in the Project.

To the fullest extent practical, Owner and Engineer agree to transmit, and accept, Projectrelated correspondence, Documents, text, data, drawings, information, and graphics, in
electronic media or digital format, either directly, or through access to a secure Project
website, in accordance with Exhibit F, Electronic Documents Protocol (EDP).
1.

Compliance with the EDP by Engineer shall be considered a Basic Service and no direct
or separate compensation will be paid to Engineer for such compliance, unless
provisions for separate compensation are expressly set forth in the EDP.

2.

Engineer’s costs directly attributable to changes in Engineer’s Electronic Documents
obligations, after the effective date of this Agreement, necessitated by revisions to
Exhibit F, delayed adoption of Exhibit F, or implementation of other Electronic
Documents protocols, will be compensated as Additional Services.

B.

If this Agreement does not include Exhibit F or otherwise does not establish or include
protocols for transmittal of Electronic Documents by Electronic Means, then Owner and
Engineer may operate without specific protocols or may jointly develop such protocols at a
later date.

C.

Except as stated otherwise in Exhibit F (if included in this Agreement), when transmitting
Electronic Documents by Electronic Means, the transmitting party makes no representations
as to long term compatibility, usability, or readability of the Electronic Documents resulting
from the recipient’s use of software application packages, operating systems, or computer
hardware differing from those used in the drafting or transmittal of the Electronic
Documents, or from those established in applicable protocols.

D.

This Agreement (including the EDP) is not intended to create obligations for Owner or
Engineer with respect to transmittals to or from third parties, except as expressly stated in
the EDP.

Insurance
A.

Engineer shall procure and maintain insurance as set forth in Exhibit G.

B.

Additional Insureds: The Engineer’s commercial general liability, automobile liability, and
umbrella or excess liability policies, must:
1.

include and list as additional insureds Owner, and any individuals or entities identified
as additional insureds in Exhibit G;

2.

include coverage for the respective officers, directors, members, partners, and
employees of all such additional insureds;

EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies,
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Page 10 of 24

3.

afford primary coverage to these additional insureds for all claims covered thereby
(including as applicable those arising from both ongoing and completed operations);
and

4.

not seek contribution from insurance maintained by the additional insured.

C.

Owner shall procure and maintain insurance as set forth in Exhibit G.

D.

Owner shall require Contractor to purchase and maintain policies of insurance covering
workers' compensation, general liability, motor vehicle damage and injuries, and other
insurance necessary to protect Owner's and Engineer's interests in the Project. Owner shall
require Contractor to cause Engineer, its Subconsultants, and Engineer’s Subcontractors to
be listed as additional insureds with respect to such liability insurance purchased and
maintained by Contractor for the Project. Owner shall give Engineer access to any certificates
of insurance and copies of endorsements and policies obtained by Owner from Contractor.

E.

Owner and Engineer shall each deliver to the other certificates of insurance evidencing the
coverages indicated in Exhibit G. Such certificates must be furnished prior to commencement
of Engineer’s services and at renewals thereafter during the life of the Agreement.
1.

Upon request by Owner or any other insured, Engineer shall also furnish other evidence
of such required insurance, including but not limited to copies of policies and
endorsements, documentation of applicable self-insured retentions (if allowed) and
deductibles, full disclosure of all relevant exclusions, and evidence of insurance required
to be purchased and maintained by Subconsultants and Engineer’s Subcontractors. In
any documentation furnished under this provision, Engineer may redact (a) any
confidential premium or pricing information and (b) any wording specific to projects or
jurisdictions other than those applicable to this Agreement.

F.

All construction contracts entered into by Owner with respect to the Project must require
builder’s risk or similar property insurance.

G.

All policies of property insurance relating to the Project, including but not limited to any
builder’s risk or similar policy, must allow for waiver of subrogation rights and contain
provisions to the effect that in the event of payment of any loss or damage the insurers will
have no rights of recovery against any insured thereunder or against Engineer, its
Subconsultants, or Engineer’s Subcontractors. Owner and Engineer waive all rights against
each other, Contractor, Engineer’s Subcontractors and Subconsultants, and the respective
officers, directors, members, partners, employees, agents, consultants, and subcontractors
of each and any of them, for all losses and damages caused by, arising out of, or resulting
from any of the perils or causes of loss covered by any such builder’s risk or similar policy and
any other property insurance relating to the Project. Owner and Engineer shall take
appropriate measures in other Project-related contracts to secure waivers of rights
consistent with those set forth in this paragraph.

H.

All policies of insurance must contain a provision or endorsement that the coverage afforded
will not be canceled, and that renewal will not be refused, until at least 10 days’ prior written
notice has been given to the primary insured. Upon receipt of such notice, the primary
insured must promptly forward a copy of the notice to the other party to this Agreement and
replace the coverage being cancelled or reduced to conform to the requirements of this
Agreement.
EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
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I.

6.05

At any time, Owner may request that Engineer, or Engineer’s Subcontractors or
Subconsultants, at Owner’s sole expense, provide additional insurance coverage, increased
limits, or revised deductibles that are more protective than those specified in Exhibit G. If so
requested by Owner, and if commercially available, Engineer shall obtain and shall require
Engineer’s Subcontractors or Subconsultants to obtain such additional insurance coverage,
different limits, or revised deductibles for such periods of time as requested by Owner, and
Exhibit G will be supplemented to incorporate these requirements.

Suspension and Termination
A.

B.

Suspension
1.

By Owner: Owner may suspend Engineer’s services for up to 90 days upon 7 days’
written notice to Engineer.

2.

By Engineer: Engineer may, after giving 7 days’ written notice to Owner, suspend
services under this Agreement:
a.

if Owner has failed to pay Engineer for invoiced services and expenses, as set forth
in Paragraphs 4.02.B and 4.02.C;

b.

in response to the presence of Constituents of Concern at the Site, as set forth in
Paragraph 6.09.D; or

c.

if persistent circumstances beyond the control of Engineer have prevented it from
performing its obligations under this Agreement.

Termination for Cause
1.

Either party may terminate the Agreement for cause upon 30 days’ written notice in the
event of substantial failure by the other party to perform in accordance with the terms
of the Agreement, through no fault of the terminating party.
a.

2.

Notwithstanding the foregoing, this Agreement will not terminate under
Paragraph 6.05.B.1 if the party receiving such notice begins, within 7 days of
receipt of such notice, to correct its substantial failure to perform and proceeds
diligently to cure such failure within no more than 30 days of receipt thereof;
provided, however, that if and to the extent such substantial failure cannot be
reasonably cured within such 30-day period, and if such party has diligently
attempted to cure the same and thereafter continues diligently to cure the same,
then the cure period provided for herein will extend up to, but in no case more
than, 60 days after the date of receipt of the notice.

In addition to its termination rights in Paragraph 6.05.B.1, Engineer may terminate this
Agreement for cause upon 7 days’ written notice:
a.

if Owner demands that Engineer furnish or perform services contrary to Engineer’s
responsibilities as a licensed professional;

b.

if Engineer’s services for the Project are delayed or suspended for more than
90 days for reasons beyond Engineer’s control; or

c.

as the result of the presence at or adjacent to the Site of undisclosed Constituents
of Concern, as set forth in Paragraph 6.09.E.

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3.

6.06

Engineer will have no liability to Owner on account of any termination by Engineer for
cause.

C.

Termination for Convenience: Owner may terminate this Agreement for convenience,
effective upon Engineer’s receipt of notice from Owner.

D.

Extension of Effective Date of Termination: If Owner terminates the Agreement for cause or
convenience, Owner may set the effective date of termination at a time up to 30 days later
than otherwise provided to allow Engineer to demobilize personnel and equipment from the
Site, to complete tasks whose value would otherwise be lost, to prepare notes as to the
status of completed and uncompleted tasks, and to assemble Project materials in orderly
files. Engineer shall be entitled to compensation for such tasks.

E.

Payments Upon Termination: In the event of any termination under Paragraph 6.05,
Engineer will be entitled to invoice Owner and to receive full payment for all services
performed or furnished in accordance with this Agreement and all reimbursable expenses
incurred through the effective date of termination. Upon making such payment, Owner will
have the limited right to the use of Documents, at Owner’s sole risk, subject to the provisions
of Paragraph 6.02.A.
1.

If Owner has terminated the Agreement for cause and disputes Engineer’s entitlement
to compensation for services and reimbursement of expenses, then Engineer’s
entitlement to payment and Owner’s rights to the use of the Documents will be resolved
in accordance with the dispute resolution provisions of this Agreement or as otherwise
agreed in writing.

2.

If Owner has terminated the Agreement for convenience, or if Engineer has terminated
the Agreement for cause, then Engineer will be entitled, in addition to the payments
identified above, to invoice Owner and receive payment of a reasonable amount for
services and expenses directly attributable to termination, both before and after the
effective date of termination, such as reassignment of personnel, costs of terminating
contracts with Engineer’s Subcontractors or Subconsultants, and other related close-out
costs, using methods and rates for Additional Services as set forth in Exhibit J.

Successors, Assigns, and Beneficiaries
A.

Owner and Engineer are hereby bound and the successors, executors, administrators, and
legal representatives of Owner and Engineer (and to the extent permitted by
Paragraph 6.06.B the assigns of Owner and Engineer) are hereby bound to the other party to
this Agreement and to the successors, executors, administrators and legal representatives
(and said assigns) of such other party, in respect of all covenants, agreements, and
obligations of this Agreement.

B.

Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest
(including, but without limitation, claims arising out of this Agreement or money that is due
or may become due) in this Agreement without the written consent of the other party,
except to the extent that any assignment, subletting, or transfer is mandated by law. Unless
specifically stated to the contrary in any written consent to an assignment, no assignment
will release or discharge the assignor from any duty or responsibility under this Agreement.

C.

Unless expressly provided otherwise in this Agreement:

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6.07

1.

All duties and responsibilities undertaken pursuant to this Agreement will be for the sole
and exclusive benefit of Owner and Engineer and not for the benefit of any other party.

2.

Nothing in this Agreement will be construed to create, impose, or give rise to any duty
owed by Owner or Engineer to any Constructor, other third-party individual or entity,
or to any surety for or employee of any of them.

3.

Owner agrees that the substance of the provisions of this Paragraph 6.06.C will appear
in the Construction Contract Documents.

Dispute Resolution
A.

Unless otherwise required by Exhibit H, Owner and Engineer shall resolve all disputes in the
following manner:
1.

Owner and Engineer agree to negotiate all disputes between them in good faith for a
period of 30 days from the date of notice, prior to invoking mediation.

2.

Owner and Engineer agree that they shall first submit any and all unsettled claims,
counterclaims, disputes, and other matters in question between them arising out of or
relating to this Agreement or the breach thereof (“Disputes”) to mediation. Owner and
Engineer agree to participate in the mediation process in good faith. The process will be
conducted on a confidential basis, and must be completed within 120 days.

3.

If the parties fail to resolve a Dispute through negotiations under Paragraph 6.07.A.1 or
mediation under Paragraph 6.07.A.2, then:
a.

6.08

6.09

either or both may invoke the applicable dispute resolution procedures of
Exhibit H for final resolution of Disputes.

Controlling Law; Venue
A.

This Agreement is to be governed by the Laws and Regulations of the state in which the
Project is located.

B.

Venue for any exercise of rights at law will be the state court having jurisdiction at the
location of the Project; or at the choice of either party, and if federal jurisdictional
requirements can be met, in federal court in the district in which the Project is located.

Environmental Condition of Site
A.

Owner represents to Engineer that, as of the Effective Date, to the best of Owner’s
knowledge, no Constituents of Concern, other than those disclosed in writing to Engineer,
exist at or adjacent to the Site.

B.

Undisclosed Constituents of Concern: For purposes of this Paragraph 6.09, the presence at
or adjacent to the Site of Constituents of Concern that were not disclosed to Engineer
pursuant to Paragraph 6.09.A, in such quantities or circumstances that such Constituents of
Concern may present a danger to persons or property exposed to them, will be referred to
as “undisclosed” Constituents of Concern.
1.

The presence at the Site of materials that are necessary for the execution of the Work,
or that are to be incorporated in the Work, and that are controlled and contained
pursuant to industry practices, Laws and Regulations, and the requirements of this
Agreement or the Construction Contract, are not undisclosed Constituents of Concern.

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2.

Constituents of Concern that are to be located, identified, studied, removed, or
remediated as part of the services under this Agreement are not undisclosed
Constituents of Concern.

3.

Constituents of Concern that are to be located, identified, studied, removed, or
remediated as part of the services under another professional services contract for
Owner, or as part of the work under a construction or remediation contract, are not
undisclosed Constituents of Concern if Engineer has been informed of the general scope
of such contract.

C.

If Engineer encounters or learns of an undisclosed Constituent of Concern at the Site, then
Engineer shall notify (1) Owner and (2) appropriate authorities having jurisdiction if Engineer
reasonably concludes that doing so is required by applicable Laws or Regulations.

D.

It is acknowledged by both parties that Engineer’s scope of services does not include any
services related to undisclosed Constituents of Concern. If Engineer or any other party
encounters, uncovers, or reveals an undisclosed Constituent of Concern, or if encountered,
uncovered, or revealed Constituents of Concern are present in substantially greater
quantities or substantially different locations than disclosed or anticipated, or if investigative
or remedial action, or other professional services, are necessary or required by applicable
Laws and Regulations with respect to such Constituents of Concern, then Engineer may, at
its option and without liability for direct, consequential, or any other damages, suspend
performance of services on the portion of the Project adversely affected thereby until such
portion of the Project is no longer so affected; and Owner shall promptly determine whether
to retain a qualified expert to evaluate such condition or take any necessary corrective
action.

E.

If the presence at the Site of undisclosed Constituents of Concern, or of Constituents of
Concern in substantially greater quantities or in substantially different locations than
disclosed or anticipated, adversely affects the performance of Engineer’s services under this
Agreement, then:

F.

1.

if the adverse effects do not preclude Engineer from completing its Project services in
general accordance with this Agreement on unaffected or marginally affected portions
of the Project, Engineer may accept an equitable adjustment in its compensation or in
the time of completion, or both; and the Agreement will be amended to reflect changes
necessitated by the presence of such Constituents of Concern; or

2.

if the adverse effects are of such materiality to the overall performance of Engineer that
it cannot complete its services without significant changes to the scope of services, time
of completion, and compensation, then Engineer may terminate this Agreement for
cause on 7 days’ written notice.

Owner acknowledges that Engineer is performing professional services for Owner and that
Engineer is not and will not be required to become an "owner," “arranger,” “operator,”
“generator,” or “transporter” of hazardous substances, as defined in the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are
or may be encountered at or near the Site in connection with Engineer’s activities under this
Agreement.

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6.10

6.11

Indemnification and Mutual Waiver
A.

Indemnification by Engineer: To the fullest extent permitted by Laws and Regulations,
Engineer shall indemnify and hold harmless Owner, and Owner’s officers, directors,
members, partners, agents, and employees, from losses, damages, and judgments (including
reasonable consultants’ and attorneys’ fees and expenses) arising from third-party claims or
actions relating to the Project, provided that any such claim, action, loss, damages, or
judgment is attributable to bodily injury, sickness, disease, or death, or to injury to or
destruction of tangible property (other than the Work itself), including the loss of use
resulting therefrom, but only to the extent caused by any negligent act or omission of
Engineer or Engineer’s officers, directors, members, partners, agents, employees,
Subconsultants, or Engineer’s Subcontractors. This indemnification provision is subject to
and limited by the provisions, if any, agreed to by Owner and Engineer in Exhibit I,
“Limitations of Liability."

B.

Environmental Indemnification: To the fullest extent permitted by Laws and Regulations,
Owner shall indemnify and hold harmless Engineer, its Subconsultants, Engineer’s
Subcontractors, and their officers, directors, members, partners, agents, employees, and
subconsultants from all claims, costs, losses, damages, actions, and judgments (including
reasonable consultants’ and attorney’s fees and expenses) caused by, arising out of, relating
to, or resulting from a Constituent of Concern at, on, or under the Site, provided that:
1.

any such claim, cost, loss, damages, action, or judgment is attributable to bodily injury,
sickness, disease, or death, or to injury to or destruction of tangible property (other than
the Work itself), including the loss of use resulting therefrom, and

2.

nothing in this paragraph obligates Owner to indemnify any individual or entity from
and against the consequences of that individual's or entity's own negligence or willful
misconduct.

C.

No Defense Obligation: The indemnification commitments in this Agreement do not include
a defense obligation by the indemnitor unless such obligation is expressly stated.

D.

Percentage Share of Negligence: To the fullest extent permitted by Laws and Regulations, a
party’s total liability to the other party and anyone claiming by, through, or under the other
party for any cost, loss, or damages caused in part by the negligence of the party and in part
by the negligence of the other party or any other negligent entity or individual, will not
exceed the percentage share that the party’s negligence bears to the total negligence of
Owner, Engineer, and all other negligent entities and individuals.

E.

Mutual Waiver: To the fullest extent permitted by Laws and Regulations, Owner and Engineer
waive against each other, and the other’s officers, directors, members, partners, agents,
employees, subconsultants, and insurers, any and all claims for or entitlement to special,
incidental, indirect, or consequential damages arising out of, resulting from, or in any way
related to this Agreement or the Project, from any cause or causes. Such excluded damages
include but are not limited to loss of profits or revenue; loss of use or opportunity; loss of
good will; cost of substitute facilities, goods, or services; and cost of capital.

Records Retention
A.

Engineer shall maintain on file in legible form, for a period of five years following completion
or termination of its services, or such other period as required by Laws and Regulations, all
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Documents, records (including cost records), and design calculations related to Engineer’s
services or pertinent to Engineer’s performance under this Agreement. Upon Owner’s
request, Engineer shall provide a copy of any such item to Owner at cost.
6.12

Miscellaneous Provisions
A.

Notices: Any notice required under this Agreement will be in writing, and delivered: in person
(by commercial courier or otherwise); by registered or certified mail; or by e-mail to the
recipient, with the words “Formal Notice” or similar in the e-mail’s subject line. All such
notices are effective upon the date of receipt.

B.

Survival: Subject to applicable Laws and Regulations, all express representations, waivers,
indemnifications, and limitations of liability included in this Agreement will survive its
completion or termination for any reason.

C.

Severability: Any provision or part of the Agreement held to be void or unenforceable under
any Laws or Regulations will be deemed stricken, and all remaining provisions will continue
to be valid and binding upon Owner and Engineer.

D.

No Waiver: A party’s non-enforcement of any provision will not constitute a waiver of that
provision, nor will it affect the enforceability of that provision or of the remainder of this
Agreement.

E.

Accrual of Claims: To the fullest extent permitted by Laws and Regulations, all causes of
action arising under this Agreement will be deemed to have accrued, and all statutory
periods of limitation will commence, no later than the date of Substantial Completion; or, if
Engineer’s services do not include Construction Phase services, or the Project is not
completed, then no later than the date of Owner’s last payment to Engineer.

ARTICLE 7—DEFINITIONS
7.01

Defined Terms
A.

Wherever used in this Agreement (including the exhibits hereto) terms (including the singular
and plural forms) printed with initial capital letters have the meanings indicated in the text
above, in the exhibits, or in the following definitions:
1.

Addenda—Written or graphic instruments issued prior to the opening of bids which
clarify, correct, or change the bidding requirements or the proposed Construction
Contract Documents.

2.

Additional Services—The services to be performed for or furnished to Owner by
Engineer in accordance with Article 2 of Exhibit A of this Agreement.

3.

Agreement—This written contract for professional services between Owner and
Engineer, including all exhibits identified in Paragraph 8.01 and any duly executed
amendments.

4.

Application for Payment—The form acceptable to Engineer which is to be used by
Contractor during the course of the Work in requesting progress or final payments and
which is to be accompanied by such supporting documentation as is required by the
Construction Contract.

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5.

Basic Services—The services to be performed for or furnished to Owner by Engineer in
accordance with Article 1 of Exhibit A of this Agreement.

6.

Bidding/Proposal Documents—Documents related to the selection of the Contractor,
including advertisements or invitations to bid; requests for proposals; instructions to
bidders or proposers, including any attachments such as lists of available Site-related
documents; bid forms; bids; proposal forms; proposals; bidding requirements; and
qualifications documents.

7.

Change Order—A document which is signed by Contractor and Owner and authorizes
an addition, deletion, or revision in the Work or an adjustment in the Construction
Contract Price or the Construction Contract Times, or other revision to the Construction
Contract, issued on or after the effective date of the Construction Contract.

8.

Change Proposal—A written request by Contractor, duly submitted in compliance with
the procedural requirements set forth in the Construction Contract, seeking an
adjustment in Construction Contract Price or Construction Contract Times, or both;
contesting an initial decision by Engineer concerning the requirements of the
Construction Contract Documents or the acceptability of Work under the Construction
Contract Documents; challenging a set-off against payments due; or seeking other relief
with respect to the terms of the Construction Contract.

9.

Constituents of Concern—Asbestos, petroleum, radioactive materials, polychlorinated
biphenyls (PCBs), lead-based paint (as defined by the HUD/EPA standard), hazardous
waste, and any substance, product, waste, or other material of any nature whatsoever
that is or becomes listed, regulated, or addressed pursuant to Laws and Regulations
regulating, relating to, or imposing liability or standards of conduct concerning, any
hazardous, toxic, or dangerous waste, substance, or material.

10. Construction Contract—The entire and integrated written contract between Owner and
Contractor concerning the Work.
11. Construction Contract Documents—Those items designated as “Contract Documents”
in the Construction Contract, and which together comprise the Construction Contract.
See also definition of “Front-End Construction Contract Documents” below.
12. Construction Contract Price—The money that Owner has agreed to pay Contractor for
completion of the Work in accordance with the Construction Contract Documents.
13. Construction Contract Times—The number of days or the dates by which Contractor
must: (a) achieve milestones, if any, in the Construction Contract; (b) achieve
Substantial Completion; and (c) complete the Work.
14. Construction Cost—The cost to Owner of the construction of those portions of the
entire Project designed or specified by or for Engineer under this Agreement, including
construction labor, services, materials, equipment, insurance, and bonding costs, and
allowances for contingencies. Construction Cost does not include costs of services of
Engineer or other design professionals and consultants; cost of land or rights-of-way, or
compensation for damages to property; Owner’s costs for legal, accounting, insurance
counseling, or auditing services; interest or financing charges incurred in connection
with the Project; or the cost of other services to be provided by others to Owner.
Construction Cost is one of the items comprising Total Project Costs.
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15. Constructor—Any person or entity (not including the Engineer, its employees, agents,
representatives, or Subconsultants, or Engineer’s Subcontractors), performing or
supporting construction activities relating to the Project, including but not limited to
Contractors, Subcontractors, Suppliers, Owner’s work forces, utility companies, other
contractors, construction managers, design-builders, testing firms, shippers, and
truckers, and the employees, agents, and representatives of any or all of them.
16. Contractor—The entity or individual with which Owner enters into a Construction
Contract.
17. Documents—All documents expressly identified as deliverables in this Agreement,
whether in printed or Electronic Document form, required by this Agreement to be
provided or furnished by Engineer to Owner. Such specifically required deliverables may
include, by way of example, Drawings, Specifications, data, reports, building information
models, and civil integrated management models.
18. Drawings—That part of the Construction Contract Documents that graphically shows
the scope, extent, and character of the Work to be performed by Contractor.
19. Effective Date—The date indicated in this Agreement on which it becomes effective, but
if no such date is indicated, the date on which this Agreement is signed and delivered
by the last of the parties to sign and deliver.
20. Electronic Document—Any Project-related correspondence, attachments to
correspondence, data, documents, drawings, information, or graphics, including but not
limited to Shop Drawings and other Submittals, that are in an electronic or digital
format.
21. Electronic Means—Electronic mail (e-mail), upload/download from a secure Project
website, or other communications methods that allow: (a) the transmission or
communication of Electronic Documents; (b) the documentation of transmissions,
including sending and receipt; (c) printing of the transmitted Electronic Document by
the recipient; (d) the storage and archiving of the Electronic Document by sender and
recipient; and (e) the use by recipient of the Electronic Document for purposes
permitted by this Agreement. Electronic Means does not include the use of text
messaging, or of Facebook, Twitter, Instagram, or similar social media services for
transmission of Electronic Documents.
22. Engineer—The individual or entity named as such in this Agreement.
23. Engineer’s Subcontractor—An individual, firm, vendor, or other entity having a contract
with Engineer to furnish general services, equipment, or materials with respect to the
Project as an independent contractor.
24. Field Order—A written order issued by Engineer which requires minor changes in the
Work but does not change the Construction Contract Price or the Construction Contract
Times.
25. Front-End Construction Contract Documents—Those Construction Contract Documents
whose primary purpose is to establish legal and contractual terms and conditions,
typically including the Owner-Contractor agreement, bonds, general conditions, and
supplementary conditions. The term excludes the Drawings and Specifications, and any
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Construction Contract Documents delivered or issued after the effective date of the
Construction Contract.
26. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules,
regulations, ordinances, codes, and orders of any and all governmental bodies, agencies,
authorities, and courts having jurisdiction.
27. Owner—The individual or entity named as such in this Agreement and for which
Engineer's services are to be performed. Unless indicated otherwise, this is the same
individual or entity that will enter into any Construction Contracts concerning the
Project.
28. Project—The total undertaking to be accomplished for Owner by engineers, contractors,
and others, including planning, study, design, construction, testing, commissioning, and
start-up, and of which the services to be performed or furnished by Engineer under this
Agreement are a part.
29. Record Drawings—Drawings depicting the completed Project, or a specific portion of
the completed Project, prepared by Engineer and based on Contractor's record copy of
all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field
Orders, and written interpretations and clarifications, as delivered to Engineer and
annotated by Contractor to show changes made during construction.
30. Resident Project Representative—The authorized representative of Engineer assigned
to assist Engineer at the Site during the Construction Phase. As used herein, the term
Resident Project Representative (RPR) includes any assistants or field staff of the RPR.
31. Samples—Physical examples of materials, equipment, or workmanship that are
representative of some portion of the Work and that establish the standards by which
such portion of the Work will be judged.
32. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or
information that are specifically prepared or assembled by or for Contractor and
submitted by Contractor to illustrate some portion of the Work. Shop Drawings,
whether approved or not, are not Drawings and are not Construction Contract
Documents.
33. Site—Lands or areas to be indicated in the Construction Contract Documents as being
furnished by Owner upon which the Work is to be performed, including rights-of-way
and easements, and such other lands furnished by Owner which are designated for the
use of Contractor.
34. Specifications—The part of the Construction Contract Documents that consists of
written requirements for materials, equipment, systems, standards, and workmanship
as applied to the Work, and certain administrative requirements and procedural matters
applicable to the Work.
35. Subconsultant—An individual, design firm, consultant, or other entity having a contract
with Engineer to furnish professional services with respect to the Project as an
independent contractor.
36. Subcontractor—An individual or entity having a direct contract with Contractor or with
any other Subcontractor for the performance of a part of the Work.
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37. Submittal—A written or graphic document, prepared by or for Contractor, which the
Construction Contract Documents require Contractor to submit to Engineer, or that is
indicated as a Submittal in the Schedule of Submittals accepted by Engineer. Submittals
may include Shop Drawings and Samples; schedules; product data; Owner-delegated
designs; sustainable design information; information on special procedures; testing
plans; results of tests and evaluations, source quality-control testing and inspections,
and field or Site quality-control testing and inspections; warranties and certifications;
Suppliers’ instructions and reports; records of delivery of spare parts and tools;
operations and maintenance data; Project photographic documentation; record
documents; and other such documents required by the Construction Contract
Documents. Submittals, whether or not approved or accepted by Engineer, are not
Construction Contract Documents. Change Proposals, Change Orders, Claims, notices,
Applications for Payment, and requests for interpretation or clarification are not
Submittals.
38. Substantial Completion—The time at which the Work (or a specified part thereof) has
progressed to the point where, in the opinion of Engineer, the Work (or a specified part
thereof) is sufficiently complete, in accordance with the Construction Contract
Documents, so that the Work (or a specified part thereof) can be utilized for the
purposes for which it is intended. The terms “substantially complete” and “substantially
completed” as applied to all or part of the Work refer to Substantial Completion thereof.
39. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor
having a direct contract with Contractor or with any Subcontractor to furnish materials
or equipment to be incorporated in the Work by Contractor or a Subcontractor.
40. Total Project Costs—The total cost of planning, studying, designing, constructing,
testing, commissioning, and start-up of the Project, including Construction Cost and all
other Project labor, services, materials, equipment, insurance, and bonding costs,
allowances for contingencies, and the total costs of services of Engineer or other design
professionals and consultants, together with such other Project-related costs that
Owner furnishes for inclusion, including but not limited to cost of land, rights-of-way,
compensation for damages to properties and private utilities (including relocation if not
part of Construction Cost), Owner’s costs for legal, accounting, insurance counseling,
and auditing services, interest and financing charges incurred in connection with the
Project, and the cost of other services to be provided by others to Owner.
41. Underground Facilities—All active or not-in-service underground lines, pipelines,
conduits, ducts, encasements, cables, wires, manholes, vaults, tanks, tunnels, or other
such facilities or systems at the Site, including but not limited to those facilities or
systems that produce, transmit, distribute, or convey telephone or other
communications, cable television, fiber optic transmissions, power, electricity, light,
heat, gases, oil, crude oil products, liquid petroleum products, water, steam, waste,
wastewater, storm water, other liquids or chemicals, or traffic or other control systems.
An abandoned facility or system is not an Underground Facility.
42. Work—The entire construction or the various separately identifiable parts thereof
required to be provided under the Construction Contract Documents. Work includes
and is the result of performing or providing all labor, services, and documentation
necessary to produce such construction; furnishing, installing, and incorporating all
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materials and equipment into such construction; and may include related services such
as testing, start-up, and commissioning, all as required by the Construction Contract
Documents.
43. Work Change Directive—A written directive to Contractor issued on or after the
effective date of the Construction Contract, signed by Owner and recommended by
Engineer, ordering an addition, deletion, or revision in the Work.
B.

Terminology
1.

The word “day” means a calendar day of 24 hours measured from midnight to the next
midnight.

ARTICLE 8—EXHIBITS AND SPECIAL PROVISIONS
8.01

Exhibits to Agreement

The following exhibits are incorporated by reference and included as part of this Agreement:

8.02

A.

Exhibit A, Engineer’s Services.

B.

Exhibit B, Deliverables Schedule.

C.

Exhibit C, Amendment to Owner-Engineer Agreement (form). “CURRENTLY NOT USED”

D.

Exhibit D, Duties, Responsibilities and Limitations of Authority of Resident Project
Representative. “CURRENTLY NOT USED”

E.

Exhibit E, EJCDC® C-626, Notice of Acceptability of Work (form). “CURRENTLY NOT USED”

F.

Exhibit F, Electronic Documents Protocol (EDP).

G.

Exhibit G, Insurance.

H.

Exhibit H, Dispute Resolution.

I.

Exhibit I, Limitations of Liability.

J.

Exhibit J, Payments to Engineer for Services and Reimbursable Expenses.

Total Agreement
A.

8.03

Designated Representatives
A.

8.04

This Agreement (which includes the exhibits listed above) constitutes the entire contractual
agreement between Owner and Engineer and supersedes all prior written or oral
understandings. This Agreement may only be amended, supplemented, modified, or
canceled by a written instrument duly executed by both parties. Amendments should be
based whenever possible on the format of Exhibit C to this Agreement.

With the execution of this Agreement, Engineer and Owner shall each designate a specific
individual to act as representative under this Agreement. Such an individual must have
authority to transmit instructions, receive information, and render decisions with respect to
this Agreement on behalf of the party that the individual represents.

Engineer's Certifications
A.

Engineer certifies that it has not engaged in corrupt, fraudulent, or coercive practices in
competing for or in executing the Agreement. For the purposes of this Paragraph 8.04:
EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 22 of 24

8.05

1.

"corrupt practice" means the offering, giving, receiving, or soliciting of anything of value
likely to influence the action of a public official in the selection process or in the
Agreement execution;

2.

"fraudulent practice" means an intentional misrepresentation of facts made (a) to
influence the selection process or the execution of the Agreement to the detriment of
Owner, or (b) to deprive Owner of the benefits of free and open competition;

3.

"coercive practice" means harming or threatening to harm, directly or indirectly,
persons or their property to influence their participation in the selection process or
affect the execution of the Agreement.

Conflict of Interest
A.

Nothing in this Agreement will be construed to create or impose any duty on the part of
Engineer that would be in conflict with Engineer’s paramount obligations to the public
health, safety, and welfare under the professional practice requirements governing Engineer,
its Subconsultants, and all licensed professionals employed by Engineer or its
Subconsultants.

B.

If during the term of this Agreement a potential or actual conflict of interest arises or is
identified:
1.

Engineer and Owner together will make reasonable, good faith efforts to avoid or
eliminate the conflict of interest; to mitigate any adverse consequences of the conflict
of interest; and, if necessary and feasible, to modify this Agreement to address the
conflict of interest and its consequences, such that progress under the Agreement may
continue.

2.

Such efforts will be governed by applicable Laws and Regulations and by any pertinent
Owner’s policies, procedures, and requirements (including any conflict of interest
resolution methodologies) provided to Engineer under Paragraph 2.04.A of this
Agreement.

EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 23 of 24

This Agreement’s Effective Date is___________________________.
Owner:

Engineer:

City of LeClaire

Origin Design Co.

(name of organization)

By:

(name of organization)

By:
(individual’s signature)

Date:

(individual’s signature)

Date:
(date signed)

Name:

(date signed)

Name:

Lauren Ray, PE

(typed or printed)

Title:

(typed or printed)

Title:

Vice President/ Secretary

(typed or printed)

Address for giving notices:

(typed or printed)

Address for giving notices:
137 Main Street, Ste. 100
Dubuque, IA 52001

Designated Representative:

Designated Representative:

Name:

Name:

Katrina Hecimovic, PE

(typed or printed)

Title:

(typed or printed)

Title:

Transportation Team Leader

(typed or printed)

Address:

(typed or printed)

Address:
137 Main Street, Ste. 100
Dubuque, IA 52001

Phone:

Phone:

563.556.2464

Email:

Email:

[email protected]

EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 24 of 24

EXHIBITS TO AGREEMENT BETWEEN OWNER AND ENGINEER
FOR PROFESSIONAL SERVICES
TABLE OF CONTENTS
EXHIBIT A—ENGINEER’S SERVICES
EXHIBIT B—DELIVERABLES SCHEDULE
EXHIBIT C—AMENDMENT TO OWNER-ENGINEER AGREEMENT “CURRENTLY NOT USED”
EXHIBIT D—DUTIES, RESPONSIBILITIES, AND LIMITATIONS OF AUTHORITY OF RESIDENT PROJECT
REPRESENTATIVE “CURRENTLY NOT USED”
EXHIBIT E—EJCDC® C-626, NOTICE OF ACCEPTABILITY OF WORK “CURRENTLY NOT USED”
EXHIBIT F—ELECTRONIC DOCUMENTS PROTOCOL (EDP)
EXHIBIT F—ATTACHMENT 1: SOFTWARE REQUIREMENTS FOR ELECTRONIC DOCUMENT EXCHANGE
EXHIBIT G—INSURANCE
EXHIBIT H—DISPUTE RESOLUTION
EXHIBIT I—LIMITATIONS OF LIABILITY
EXHIBIT J—PAYMENTS TO ENGINEER FOR SERVICES AND REIMBURSABLE EXPENSES: INTRODUCTION
COMPENSATION PACKET BC-1: BASIC SERVICES—LUMP SUM
APPENDIX 1: REIMBURSABLE EXPENSES SCHEDULE
APPENDIX 2: STANDARD HOURLY RATES SCHEDULE

Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
TOC Page 1 of 1

EXHIBIT A—ENGINEER’S SERVICES

Exhibit A Table of Contents
Article 1— BASIC SERVICES ................................................................................................................... 2
1.01

Management of Engineering Services .................................................................................. 2

1.02

Design Development - Preliminary Design ........................................................................... 2

1.03

Design Development - Final Design and Bidding .................................................................. 2

Article 2— ADDITIONAL SERVICES ........................................................................................................ 6
2.01

Additional Services Not Requiring Owner’s Written Authorization ..................................... 6

2.02

Additional Services Requiring Owner’s Written Authorization ............................................ 8

Article 1 of the Agreement, Services of Engineer, is supplemented to include the following provisions:
Baseline Information: Owner has furnished the following Project information to Engineer as of the
Effective Date. Engineer’s scope of services has been developed based on this information. As the Project
moves forward, some of the information may change or be refined, and additional information will
become known, resulting in the possible need to change, refine, or supplement the scope of services.
Owner has obtained funding in part through Iowa DOT with $671,616 in federal aid through the
Transportation Alternatives Set-Aside Program (TASA). A shared-use path and pedestrian bridge will be
created along 35th Street between 195th Street and Wisconsin Street. The utilization of Iowa DOT funding
requires development of plans utilizing Iowa DOT procedures and criteria as well as bidding through Iowa
DOT. Construction on the Iowa DOT I-80 right of way will also require review and permitting by Iowa DOT
District 6. Coordination will also need to occur with Bi-State MPO.
The Engineer understands the trail along 35th Street is intended to be constructed primarily within the
existing right-of-way and that the typical section of the path includes a 10-foot-wide trail, with 3-inch HMA
and 8-inch granular subbase. Drainage will be managed through existing swales, storm sewer, and
culverts. Based on conceptual designs, most of the grading south of I-80 has already occurred, but surveys
will confirm if the previously performed grading is adequate. A new pedestrian bridge over I-80 is
proposed, and the Owner desires the bridge to have aesthetic elements considered with the design.
Coordination on the route and grading for the proposed trail north of I-80 to connect with the existing
Wisconsin Street trail near the roundabout and Pleasant Valley Junior High School will be required. Utility
coordination with private utilities with facilities along the corridor will also be required.
The project approach will build off the grant application concept with the concept statement and
preliminary design phases, during which we will collaborate closely with the Owner and Iowa DOT due to
the pedestrian bridge crossing over the Iowa DOT I-80 corridor and piers needing to be placed within the
DOT-controlled right of way. This early coordination will allow assessment of the trail corridor for any
factors or design alternatives and confirm the trail design criteria required to meet the TASA funding
requirements.

Exhibit A—Engineer’s Services.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 11

During the preliminary design phase, an opinion of probable construction costs will be evaluated. Once
the project limits and preferred design for both the trail and pedestrian bridge are confirmed, we will
proceed with final design, and bidding, in accordance with Iowa DOT’s process.
Engineer shall provide Basic and Additional Services as set forth below.
ARTICLE 1—BASIC SERVICES
1.01

Management of Engineering Services
A.

1.02

All phases of Engineer’s services will include management of Engineer’s Project-specific
responsibilities, including but not limited to the following management tasks, whether
separately tracked and itemized or included as being incidental to other phase and scope
task items.
1.

Coordinate services within Engineer’s internal team, and with Subconsultants and
Engineer’s Subcontractors.

2.

Prepare for and participate in meetings with consultants and contractors working on
other parts of the Project that may affect, or be affected by, Engineer’s services or
resulting construction.

3.

Special Invoicing: In addition to, or as a substitute for, Engineer’s standard invoicing,
provide the specified additional information or documentation, following the invoicing
procedures indicated: Not Applicable.

4.

Conduct ongoing management tasks, including:
a.

Maintaining communications records and files pertaining to or arising from
Engineer’s services;

b.

With respect to Engineer’s services and other directly relevant parts of the Project,
prepare for and participate in periodic progress meetings with Owner to discuss
progress, schedule, budget, issues, potential problems and their resolution; and

c.

Preparing agendas prior to and minutes following all Engineer-led meetings.

B.

In all phases of Engineer’s services, Engineer shall prepare draft and final Drawings in
accordance with Engineer's CAD standards.

C.

The source documents for the draft and final Specifications in all phases of Engineer’s
services will be Engineer’s standard specifications and Iowa Department of Transportation
requirements, unless otherwise mutually agreed upon by the parties.

Design Development – Preliminary Design
A. Our Project team, including our Engineering and Architectural staff will meet with Owner
representatives, to discuss the proposed elements of the project and review the background
information and data pertinent to the design and development of the project. In addition to
regular communication and coordination, this scope of services assumes four (4) virtual
meetings (one as a kick-off meeting, at least two of which will include Iowa DOT, and one
will include the School District).
Exhibit A—Engineer’s Services.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 2 of 11

B. Complete topographic field survey of existing features along the Project corridor. The
purpose of the topographic survey is to provide the survey data required to complete
preliminary and final design of the proposed trail and bridge. Owner will provide Engineer
any documentation the City of LeClaire can obtain and provide, including AutoCAD format
files of the existing of 35th Street right of way created by others. The boundary survey and
right of way establishment under this scope is needed to determine the I-80 right of way
location and support the creation of up to two permanent easements along 35th Street. The
survey will include the following:
i.
Contact Iowa One Call for utility locates and to determine utility owners along the
corridor.
ii.
Establish vertical and horizontal project control.
iii.
Perform a field topographic survey along 35th Street to obtain spot elevations
necessary to generate accurate digital terrain model; locate visible surface features
including but not limited to ditch lines and slopes, fences, driveways, culverts and
storm sewer, utility poles, signs, overhead wires and cables, edge of wooded areas,
edges of fields, individual trees over 6-inch caliper, and underground utilities as
marked by Iowa One Call. The approximate extent of the topographic survey
includes the terrain within the west side of the 35th Street right of way to the west
edge of pavement on 35th Street from 195th Street to Wisconsin Street, more or less,
for about 4000 LF. This includes the features within the I-80 right of way at just west
of the 35th Street bridge at the proposed pedestrian bridge location.
iv.
Perform document research and conduct field survey to recover right of way
monuments and 2 section corners to allow establishment of the existing I-80 right of
way to allow for determination of temporary construction easement needs and
potential full easements between I-80 and the intersection of SW 35th Street and
Wisconsin Street. Any flagger protection or other permissions for work on Iowa DOT
right of way is assumed to be provided by Iowa DOT at no cost to the Engineer.
C. Create a base drawing incorporating both topographic and boundary survey (including
existing 35th Street right of way provided by others) for use in road and structure design.
D. Investigation for Concept Statement:
i.
Submit a request for Phase 1A archeological investigation to the Office of the State
Archeologist.
ii.
Submit a request for endangered species database information to US Fish and
Wildlife Service and the Iowa DNR.
E. Develop a preliminary design to determine the proposed horizontal and vertical alignment
for a 10’ wide trail along SW 35th Street from the parking lot of the golf facility/ brewery on
195th Street and SW 35th Street to connection to pedestrian facilities north of Wisconsin
Street on the School District property including the location for a pedestrian bridge across
Iowa I-80. Grading for the trail is anticipated to extend out of the existing right of way near
the north end of the project and temporary and/or permanent easement needs will be
determined.
F. Upon receipt of Owner concurrence of the proposed structure location and extents of trail
construction, prepare Concept Statement and endangered species determination of effect
(DOE).
G. Develop three conceptual designs for the I-80 crossing that would include distinct aesthetic
elements in each option. These three designs will be rendered and be utilized to develop
the final design concept. All alternatives are anticipated to include custom concrete
Exhibit A—Engineer’s Services.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 3 of 11

abutments and piers, with alternative span types to include prefabricated structure
components or concrete beam spans. Alternatives will consider cast-in-place concrete
aesthetic treatments, railing alternatives, and other potential custom components.
Comparative cost estimates will be developed for the bridge options.
H. Prepare a summary memo of bridge options. Attend and present at a LeClaire city council
meeting to provide an update on project progress and obtain input including selection of
preferred bridge concept.
I. Preliminary plans and a preliminary opinion of probable construction costs will be prepared
for review by the Owner. Engineer’s opinions of probable Construction Cost are to be made
on the basis of Engineer’s experience, qualifications, and general familiarity with the
construction industry. However, because the Engineer has no control over the cost of labor,
materials, equipment, or services furnished by others, or over contractors’ methods of
determining prices, or over competitive bidding or market conditions, the Engineer cannot
and does not guarantee that proposals, bids, or actual Construction Cost will not vary from
opinions of probable Construction Cost prepared by Engineer. If Owner requires greater
assurance as to probable Construction Cost, then Owner agrees to obtain an independent
cost estimate.
J. Following initial evaluations, input, and decisions from the Owner, the preliminary plans and
checklist will be submitted to Iowa DOT through the web-based TPDEV program.
K. Coordinate with Iowa DOT to obtain input on design and key details such as temporary
traffic control, sign relocation, and permits to allow trail bridge construction within I-80 right
of way.
L. Provide preliminary plans to utilities to allow them to evaluate potential conflicts and
ensure proper agreements, notice, or permits can be obtained. Coordinate with utilities on
any adjustments required. Utilities will be responsible for coordination and obtaining
permits required from Iowa DOT or City for self-performed adjustments to their facilities to
resolve conflicts.
M. The following deliverables will be provided to Owner as the result of this Preliminary Design
Phase :
i.
Concept Statement including Determination of Effect documentation.
ii.
Summary Memorandum of Bridge Options, renderings, and comparative costs
iii.
Preliminary plans showing general project improvements and extent and
preliminary opinion of probable construction cost.
1.03

Design Development – Final Design and Bidding
A.

B.

Incorporate preliminary plan feedback and develop check plans including the following:
1.

Final plans for the trail alignment and connections, including curb ramps at intersections
with public roads

2.

Modifications to accommodate a crossing of Wisconsin Street near the roundabout.

3.

Within the I-80 Iowa DOT right of way, design and plan development for the bridge
structure component and approach grading, relocation of one existing Type B reference
sign, and extension of westbound lane median cable guardrail.

Prepare temporary easement exhibits and permanent easement plats for use by the Owner
in negotiations with affected property owners. This scope assumes that permanent and
Exhibit A—Engineer’s Services.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 4 of 11

temporary easements will be required from no more than two property owners along the
corridor associated with the I-80 bridge and/or the Wisconsin Street intersection.
1.

Services include preparation of easement documents using standard Iowa DOT forms
and incorporation of one round of revisions based on Owner comments. Final
documents will be provided to the Owner for use in conducting easement negotiations.
The abbreviated compensation method will be utilized. The Owner will be responsible
for all negotiations with property owners.

C.

Utilizing geotechnical analysis provided by Owner (or Iowa DOT if already available), perform
structural analysis for a prefabricated truss bridge, which is the assumed structure type for
the base scope. Design will include abutment and pier foundation design, utilizing driven HP
piling.

D.

Coordinate to verify structural support of future embellishments or features.

E.

Prepare and submit applications on Owner’s behalf to obtain Iowa DOT Work in the Right of
Way permit and Iowa DOT Right of Way for Recreational Trail Operation permit. Any
maintenance agreements or similar documents will be prepared and negotiated directly
between the Owner and Iowa DOT.

F.

Prepare quantities and bid items and enter them into TPMS and TPDEV program as required
by Iowa DOT.

G.

Prepare and submit check plans, the check plan checklist, structural calculation packet, and
an opinion of probable construction cost for the proposed trail and bridge. The check plans
submitted to Iowa DOT will include:
1.

Title sheet (A sheet)

2.

Typical section (B sheet)

3.

Quantities, reference notes, and tabulations (C sheet)

4.

General notes (C sheet)

5.

Plan and profile sheets (D sheets)

6.

Survey control (G Sheets)

7.

Right of way (H Sheets)

8.

Bridge Structures (V sheets) including the following:
a.

Situation Plan

b.

Deck Elevations

c.

Abutment Details

d.

Pier Details

e.

Truss Layout Details

f.

Bridge Railing Details, if separate from truss components

g.

Abutment Backfill Details

h.

Bridge Approach Pavement Layout

Exhibit A—Engineer’s Services.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 5 of 11

9.

Pollution prevention plan (RR sheet)

10. Curb Ramp Sheets (S Sheets)
11. Traffic control (J Sheets)
12. Cross sections (W sheets)
H.

Incorporate Iowa DOT check plan comments.

I.

Prepare Project Development Certificate (PDC) for Owner’s signature.

J.

Prepare public hearing notice and attend Owner council meeting with public hearing to
present final plans, specifications, and opinion of probable construction costs.

K.

If ground disturbance is over 1 acre, prepare and submit a Notice of Intent (NOI) to the Iowa
Department of Natural Resources for coverage for the project under General Permit No. 2
for the National Pollution Discharge Elimination System (NPDES). Permit fees to be paid by
Owner.

L.

Using TPDEV, submit final plans, PDC, and opinion of probable construction cost (if modified)
to Iowa DOT and Owner.

M. Respond to questions during bidding. When a project is bid through the Iowa DOT, all
questions must be directed to the Iowa DOT and the Iowa DOT asks Engineer if clarification
is needed. Bidding is performed via electronic bidding through the BidX website.
N.

Attend Owner City Council meeting to present results of bidding.

O.

The following deliverables will be provided to Owner as the result of this Final Design Phase:
1. Check Plans including updated opinion of probable construction cost.
2. Up to 2 right of way plats and temporary easement exhibits and associated
documentation for use in right of way negotiations.
3. Final plans, project development certificate, and final opinion of probable
construction cost.

ARTICLE 2—ADDITIONAL SERVICES
2.01

Additional Services Not Requiring Owner’s Written Authorization
A.

Engineer shall advise Owner that Engineer is commencing to perform or furnish the
Additional Services of the types listed below. For such Additional Services, Engineer need not
request or obtain specific advance written authorization from Owner. Engineer shall cease
performing or furnishing such Additional Services upon receipt of written notice to cease
from Owner. These services are not included as part of Basic Services and will be paid for by
Owner as indicated in Exhibit J.
1.

Substantive design and other technical services in connection with Work Change
Directives, Change Proposals, and Change Orders to reflect changes requested by
Owner.

2.

Services essential to the orderly progress of the Bidding/Proposal and Construction
Phases and not wholly quantifiable prior to those Phases or otherwise dependent on
the actions of prospective individual bidders or contractors and including:

Exhibit A—Engineer’s Services.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 6 of 11

a.

making revisions to Drawings and Specifications occasioned by the acceptance of
substitute materials or equipment other than “or equal” items;

b.

services after the award of the Construction Contract in evaluating and determining
the acceptability of a proposed "or equal" or substitution which is found to be
inappropriate for the Project;

c.

evaluation and determination of an excessive number of proposed "or equals" or
substitutions, whether proposed before or after award of the Construction
Contract; and

d.

providing to the Contractor or Owner additional or new information not previously
prepared or developed by the Engineer for their use in applying for or obtaining
required permits and licenses, in responding to agency comments on such
applications, or in the administration of any such permits or licenses.

3.

Services resulting from significant delays, changes, or price increases occurring as a
direct or indirect result of materials, equipment, or energy shortages.

4.

Additional or extended services arising from (a) the presence at the Site of any
Constituent of Concern or items of historical or cultural significance, (b) emergencies or
acts of God endangering the Work, (c) damage to the Work by fire or other causes during
construction, (d) a significant amount of defective, neglected, or delayed Work, (e)
acceleration of the progress schedule involving services beyond normal working hours,
or (f) default by Contractor.

5.

Implement coordination of Engineer’s services with other parts of the Project that are
not planned or designed by Engineer or its Subconsultants, unless Owner furnished to
Engineer substantive information about such other parts of the Project prior to the
parties’ entry into this Agreement, in the Baseline Information section of this Exhibit A,
or otherwise in Exhibit A; if such substantive information has been so provided,
coordination of Engineer’s services will be part of Basic Services.

6.

Implement the specific parts of an Underground Facilities Procedure that are assigned
to Engineer, or above-ground utilities tasks that are assigned to Engineer as the Project
progresses (but not including the design-related services already assigned to Engineer
as a Basic Service).

7.

Services (other than Basic Services during the Post-Construction Phase) in connection
with any partial utilization of the Work by Owner prior to Substantial Completion.

8.

Evaluating unreasonable or frivolous requests for interpretation or information (RFIs),
Change Proposals, or other demands from Contractor or others in connection with the
Work, or an excessive number of RFIs, Change Proposals, or demands.

9.

Reviewing a Shop Drawing or other Contractor submittal more than three times, as a
result of repeated inadequate submissions by Contractor.

10. While at the Site, compliance by Engineer and its staff with those terms of Owner's or
Contractor's safety program provided to Engineer subsequent to the Effective Date that
exceed those normally required of engineering personnel by federal, State, or local
safety authorities for similar construction sites.
Exhibit A—Engineer’s Services.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 7 of 11

11. To the extent the Project is subject to Laws and Regulations governing public or
government records disclosure or non-disclosure, Engineer will comply with provisions
applicable to Engineer, and Owner will compensate Engineer as Additional Services for
Engineer’s costs to comply with any disclosure or non-disclosure obligations beyond
those identified in the Basic Services.
12. Services directly attributable to changes in Engineer’s Electronic Documents obligations
after the effective date of the Agreement.
13. Additional revisions beyond those identified in 1.02.H.
2.02

Additional Services Requiring Owner’s Written Authorization
A.

If authorized in writing by Owner, Engineer shall provide Additional Services of the types
listed below. These services are not included as part of Basic Services and will be paid for by
Owner as indicated in Exhibit J.
1.

Preparation of design justification or design exception documentation for elements of
the proposed trail design that do not meet minimum Iowa DOT design criteria.

2.

Phase 1 cultural resource investigations if it is determined by review agencies that
added reviews beyond the already completed initial cultural resource evaluation are
required.

3.

Preparation of permit applications other than those specifically noted in the scope of
services.

4.

Right of way acquisition plats or permanent easement documents beyond the
permanent and temporary easements outlined in the scope of services. This includes
revisions to plats or easement exhibits requested by agencies other than the Owner or
Engineer beyond one initial revision to incorporate review comments.

5.

Prepare a geotechnical soil boring exhibit and geotechnical scope so that Owner may
solicit for a geotechnical report and field exploration, if sufficient information is not
available from Iowa DOT from the construction plans of the I-80 vehicle overpass.

6.

Subsurface investigations.

7.

Design and plan preparation for physical modifications to I-80 due to temporary traffic
control or staging accommodations beyond temporary pavement marking and signing
that follows standard road plan layout.

8.

Culvert, water distribution or Sanitary Sewer design, including storm sewer or culvert
hydraulic modeling.

9.

Design of any structures other than the I-80 pedestrian bridge, such as retaining walls,
box culvert extensions, storm sewer junction structures, or similar structures. Design of
a superstructure type for the I-80 bridge other than a prefabricated pedestrian truss
bridge.

10. Design of electrical & lighting components, including electronic pedestrian crossing
components, or artistic components of new bridge design.
11. Threatened & Endangered Species Site Survey.
Exhibit A—Engineer’s Services.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 8 of 11

12. All work necessary to document and coordinate permitting and mitigation if the project
is determined to potentially have adverse effects on Threatened and Endangered
species.
13. Obtain or provide specified additional Project-related information and data to enable
Engineer to complete its Basic and Additional Services.
14. Preparation of special and customized reporting, invoicing, and related support
documentation in addition to that identified to be provided under Basic Services.
15. Preparation of applications and supporting documents (in addition to those furnished
under Basic Services) for private or governmental grants, loans, or advances in
connection with the Project; preparation or review of environmental assessments and
impact statements; review and evaluation of the effects on the design requirements for
the Project of any such statements and documents prepared by others; and assistance
in obtaining approvals of authorities having jurisdiction over the anticipated
environmental impact of the Project.
16. Services to make measured drawings of existing conditions or facilities, to conduct tests
or investigations of existing conditions or facilities, or to verify the accuracy of drawings
or other information furnished by Owner or others.
17. Design of trail corridor and plans beyond the initial noted length from Golf Facility/
Brewery Parking Lot just north of 195th Street to connection to pedestrian facility on
school Property just north of Wisconsin Street.
18. Services resulting from significant changes in the scope, extent, or character of the
portions of the Project designed or specified by Engineer, or the Project’s design
requirements, including, but not limited to, changes in size, complexity, Owner’s
schedule, character of construction, or method of financing; and revising previously
accepted studies, reports, Drawings, Specifications, or Construction Contract
Documents when such revisions are required by changes in Laws and Regulations
enacted subsequent to the Effective Date or are due to any other causes beyond
Engineer’s control.
19. Redesign following acceptance of proposed design by Owner or Iowa DOT, including
extension of trail design past length identified in the baseline information.
20. Services resulting from Owner’s request to evaluate additional Study and Report Phase
alternative solutions beyond those agreed to in Exhibit A Paragraph 1.02.A.1.
21. Services required because of Owner’s providing incomplete or incorrect Project
information to Engineer.
22. Providing renderings or models for Owner’s use except as noted in Basic Services,
including development, management, and other services in support of building
information modeling or civil integrated management.
23. Undertaking investigations and studies including, but not limited to:
a.

All-hazards risk assessments and other studies to evaluate the feasibility of
enhancing the resiliency of the design;

b.

detailed consideration of operations, maintenance, and overhead expenses;

Exhibit A—Engineer’s Services.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 9 of 11

c.

the preparation of feasibility studies (such as those that include projections of
output capacity, utility project rates, project market demand, or project revenues)
and cash flow analyses, provided that such services are based on the engineering
and technical aspects of the Project, and do not include rendering advice regarding
municipal financial products or the issuance of municipal securities;

d.

preparation of appraisals;

e.

with respect to proprietary systems or processes requiring licensing, providing
services necessary to assist Owner in obtaining such licensing.

f.

detailed quantity surveys of materials, equipment, and labor; and

g.

audits or inventories required in connection with construction performed or
furnished by Owner.

24. Furnishing services of Subconsultants or Engineer’s Subcontractors for other than Basic
Services.
25. Providing data or services of the types described in Article 2, when Owner retains
Engineer to provide such data or services instead of Owner furnishing the same.
26. Providing the following services:
a.

Services attributable to more prime construction contracts than specified in
Exhibit A Paragraph 1.04.A.1.

b.

Services to arrange for performance of construction services for Owner by
contractors other than the principal prime Contractor, and administering Owner’s
contract for such services.

27. Services during out-of-town travel required of Engineer, other than for visits to the Site
or Owner’s office as required in Basic Services (Article 1 of Exhibit A).
28. Preparing for, coordinating with, participating in and responding to structured
independent review processes, including, but not limited to, construction management,
cost estimating, project peer review, value engineering, and constructability review
requested by Owner; and performing or furnishing services required to revise studies,
reports, Drawings, Specifications, or other documents as a result of such review
processes.
29. Preparing additional bidding-related documents (or requests for proposals or other
construction procurement documents); preparing pre-qualification procedures and
documents, and participating in pre-qualifying prospective Bidders; and preparing
Construction Contract Documents for alternate bids.
30. Assistance in connection with bid protests, rebidding, or renegotiating contracts for
construction, materials, equipment, or services.
31. Preparing conformed Construction Contract Documents that incorporate and integrate
the content of all addenda and any amendments negotiated by Owner and Contractor.
32. Services to assist Owner in developing or modifying protocols for transmittal of
Electronic Documents by Electronic Means after the effective date of this Agreement,
Exhibit A—Engineer’s Services.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 10 of 11

either by revising or adapting Exhibit F to the Project or implementing other Electronic
Documents protocols among Project participants.
33. Any services by Engineer in connection with Owner or Engineer providing a Document
to a Requesting Party under Exhibit F Paragraph 1.01.D (see Exhibit F, Electronic
Documents Protocol), or any other distribution of a Document to a third party. Such
services may include but are not limited to preparing the data contained in the
requested Document in a manner deemed appropriate by Engineer; creating or
otherwise preparing and distributing the Document in a format necessary to respond to
Owner’s direction or decision to provide the Document to a requesting party, including
Contractor, in a format other than that required for deliverables from Engineer to
Owner; and services in connection with obtaining required releases from the third
parties to which the Documents will be distributed. Compensation for these Additional
Services is not contingent upon Owner’s reimbursement from the requesting party.
34. Providing Construction Phase services including construction observation, construction
administration including shop drawing review and pile driving calculations and
construction survey and staking.
35. Preparing to serve or serving as a consultant or witness for, or producing documents for
or on behalf of, Owner in any litigation, arbitration, mediation, lien or bond claim, or
other legal or administrative proceeding involving the Project (but not including
disputes between Owner and Engineer).
36. Overtime work requiring higher than regular rates.
37. Any type of property surveys or related engineering services needed for the transfer of
interests in real property; providing construction and property surveys to replace
reference points or property monuments lost or destroyed during construction; and
providing other special field surveys.
38. Providing more extensive services required to enable Engineer to issue notices or
certifications requested by Owner.
39. Extensive services required during any correction period, or with respect to monitoring
Contractor’s compliance with warranties and guarantees called for in the Construction
Contract (except as agreed to under Basic Services).
40. Other additional services performed or furnished by Engineer not otherwise provided
for in this Agreement.

Exhibit A—Engineer’s Services.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 11 of 11

EXHIBIT A - APPENDIX 1: SURVEY AND STAKING SERVICES
A.

Design Phase Surveying Services:
1.

2.

Topographic Survey:
a.

Engineer will complete topographic survey of the existing conditions for the
proposed improvements at the proposed pedestrian bridge location and for the
proposed corridor of the proposed trail.

b.

Field-work will involve locating site improvements, including but not limited to:
visible existing surfaces, drainage structures, fences, sanitary manholes, sewer lines
(size and inverts), utility poles, transformers, utility vaults, signs, survey markers
(apparent property corners and two section corners), and breaks in grade in the
survey area. The topographic survey will include the necessary ground shots to
generate a drawing with one-foot contour intervals of the site. Engineer will
coordinate with Iowa One-Call and City staff in acquiring utility maps and having
utilities located. The utilities, as marked, will be shown on our topographical survey
for site design. Owner acknowledges that the information gathered from utility
owners may be incorrect, incomplete, outdated, or otherwise flawed, and as to
Engineer, bidders, and Contractor, the Owner accepts all associated risks. Owner
reserves all associated rights as to recourse against the sources of such flawed
information and against third parties.

Design Staking:
a.

3.

4.

If subsurface investigations are necessary for this Project. Prior to site investigations,
Engineer will stake the proposed soil boring locations at the site and provide
elevations to the Geotechnical Consultant.

Construction Easements:
a.

Construction Easements will be defined with exhibits that will become attachments
to the definition of rights prepared by an attorney for the Owner.

b.

Two (2) construction easements will be created to define the limits of construction
disturbance for the proposed trail crossing private property. The easement is
anticipated to affect only two (2) properties.

Permanent Easements:
a.

Permanent Easements will be defined with exhibits that will become attachments to
the definition of rights prepared by an attorney for the Owner.
Two (2) permanent easements will be created to define the limits of the proposed
trail crossing private property. The easement is anticipated to affect only two (2)
properties.

EXHIBIT B—DELIVERABLES SCHEDULE
The project will be bid through the Iowa DOT following the process outlined in the Instructional
Memorandums (IMs) to allow for Iowa DOT review. Engineer understands the project is classified by
Iowa DOT as a “Federal Aid Major” project and will need to follow DOT project development submittal
dates. Engineer also understands that the funding agreement indicates Owner must have let the
contract within 5 years of Federal Fiscal Year 2026.
The design contract award is anticipated in June 2026, with a professional services agreement between
Engineer and the Owner executed before June 16, 2026. Design would be completed in 2027. Bidding is
anticipated in late 2027 or early 2028. Allowing construction anytime from late 2027 through end of
summer 2029 may improve bid competitiveness, depending on contractor availability.
Anticipating an October 2027 bid letting, the schedule per Iowa DOT IM 3.010 would be as follows:
▪ Concept Statement submittal prior to October 20, 2026.
▪ Preliminary Plan submittal prior to April 20, 2027.
▪ Check Plan submittal prior to June 1, 2027.
▪ Final Plan submittal prior to July 20, 2027.
▪ Bidding: October 19, 2027.
▪ Construction: 2028.
Engineer understands Owner’s preference is to achieve the schedule outlined above. This schedule is
feasible contingent upon prompt review and approvals from all involved agencies.

Exhibit B—Deliverables Schedule.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 1

EXHIBIT G—INSURANCE
ARTICLE 1—INSURANCE
Paragraph 6.04 of the Agreement, Insurance, is supplemented to include the following Exhibit G
Paragraphs 1.01 and 1.02:
1.01

Insurance Policies and Limits
A.

In accordance with Paragraph 6.04.A of the Agreement, the insurance that Engineer must
procure and maintain, and the policy limits of such insurance, are as follows:
Coverage
Workers’ Compensation
State
Employer’s Liability
Each accident
Each employee
Policy limit
Commercial General Liability
General Aggregate
Personal and Advertising Injury
Bodily Injury and Property Damage—Each Occurrence
Automobile Liability
Combined Single Limit
Combined Single Limit (Bodily Injury and Property Damage)
Excess or Umbrella Liability
Each Occurrence
General Aggregate
Professional Liability
Each Claim
Annual Aggregate
Cyber
Unmanned Aerial Vehicle Liability Insurance
Each Claim
General Aggregate
Other Insurance [Specify]
Each Claim
General Aggregate

Policy limits of not less
than:
Statutory
$1,000,000
$1,000,000
$1,000,000
$2,000,000
$1,000,000
$1,000,000

$1,000,000
$5,000,000
$5,000,000
$5,000,000
$5,000,000
$1,000,000
$
$
$
$

Exhibit G—Insurance.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 3

B.

In accordance with Paragraph 6.04.C of the Agreement, the insurance that Owner must
procure and maintain, and the policy limits of such insurance, are as follows:

Coverage
Workers’ Compensation
State
Employer’s Liability
Each accident
Each employee$
Policy limit
Commercial General Liability
General Aggregate
Personal and Advertising Injury
Bodily Injury and Property Damage—Each Occurrence
Automobile Liability
Bodily Injury
Each Person
Each Accident
Property Damage
Each Accident
Or
Combined Single Limit
Combined Single Limit (Bodily Injury and Property Damage)
Excess or Umbrella Liability
Each Occurrence
General Aggregate
Unmanned Aerial Vehicle Liability Insurance
Each Claim
General Aggregate
Other Insurance [Specify]
Each Claim
General Aggregate

1.02

Policy limits of not less
than:
Statutory
$
$
$
$
$
$

$
$
$

$
$
$
$
$
$
$

Additional Insureds
A.

Owner shall cause Engineer, its Subconsultants, and its Engineer's Subcontractors to be listed
as additional insureds on any of Owner's general liability policies that are applicable to the
Project. The following individuals or entities are to be listed on Owner's general liability
policies of insurance (and on Contractor's policies required under Paragraph 6.04.D of the
Agreement) as additional insureds:
Name of Additional Insured
Origin Design Co

B.

Address
137 Main St Suite 100 Dubuque, Iowa 52001

During the term of this Agreement the Engineer shall notify Owner of any other
Subconsultant or Engineer's Subcontractor to be listed as an additional insured on Owner's
and applicable Contractor's general liability policies of insurance.
Exhibit G—Insurance.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 2 of 3

C.

The Owner must be listed on Engineer's general liability policy as provided in
Paragraph 6.04.B.

D.

For applicable Contractor's general liability policies of insurance, the additional insured
endorsements will include both ongoing operations and products and completed operations
coverage through ISO Endorsements CG 20 10 10 01 and CG 20 37 10 01 (together). If
Contractor demonstrates to Owner that the specified ISO endorsements are not
commercially available, then Contractor may satisfy this requirement by providing equivalent
endorsements.

E.

For applicable Contractor's general liability policies of insurance, Contractor shall provide
ISO Endorsement CG 20 32 07 04, "Additional Insured—Engineers, Architects or Surveyors
Not Engaged by the Named Insured" or its equivalent for Engineer, Subconsultants, and other
design professional additional insureds.

Exhibit G—Insurance.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 3 of 3

EXHIBIT H—DISPUTE RESOLUTION
ARTICLE 1—DISPUTE RESOLUTION METHOD
Paragraph 6.07 of the Agreement, Dispute Resolution, is supplemented to include the following Exhibit H
Paragraph 1.01:
1.01

Arbitration
A.

Method for Resolution of Disputes: All Disputes between Owner and Engineer that have not
been resolved by negotiations or mediation will be settled by arbitration administered by the
American Arbitration Association in accordance with its Construction Industry Arbitration
Rules (subject to the conditions and limitations of this Exhibit H Paragraph 1.01). This
agreement to arbitrate will be specifically enforceable under the prevailing law of any court
having jurisdiction.

B.

Arbitration Provisions
1.

Notice of the demand for arbitration must be filed in writing with the other party to the
Agreement and with the selected arbitration administrator. The demand must be made
within a reasonable time after the Dispute has arisen. In no event may the demand for
arbitration be made after the date when institution of legal or equitable proceedings
based on such Dispute would be barred by the applicable statute of limitations.

2.

The arbitrator(s) must be licensed engineers, architects, contractors, attorneys, or
construction managers. Hearings will take place pursuant to the standard procedures of
the Construction Arbitration Rules that contemplate in-person hearings. The arbitrators
will have no authority to award punitive or other damages not measured by the
prevailing party's actual damages, except as may be required by statute or the
Agreement. Any award in an arbitration initiated under this clause will be limited to
monetary damages and include no injunction or direction to any party other than the
direction to pay a monetary amount.

3.

If the applicable arbitration rules require a preliminary mediation, but the parties have
already participated in mediation with respect to the Dispute, then the second
mediation is not required.

4.

The rules of any arbitration must be supplemented to include the following: The award
rendered by the arbitrators must be in writing, and include (a) a precise breakdown of
the award, and (b) a written explanation of the award specifically citing the Agreement
provisions deemed applicable and relied on in making the award.

5.

The award rendered by the arbitrators will be consistent with this Agreement and final,
and judgment may be entered upon it in any court having jurisdiction thereof, parties
have the right to appeal the arbitration award in accordance with AAA rules.

6.

The arbitrators will have the authority to allocate the costs of the arbitration process
among the parties, but will only have the authority to allocate attorneys' fees if a specific
Law or Regulation or this Agreement expressly permits them to do so.

7.

The parties agree that failure or refusal of a party to pay its required share of the
deposits for arbitrator compensation or administrative charges will constitute a waiver

Exhibit H—Dispute Resolution.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 2

by that party of the right to present evidence or cross-examine witness. In such event,
the other party will be required to present evidence and legal argument as the
arbitrator(s) may require for the making of an award. Such waiver will not allow for a
default judgment against the non-paying party in the absence of evidence presented as
provided for above.
8.

Except as may be required by Laws or Regulations, neither party nor an arbitrator may
disclose the existence, content, or results of any arbitration hereunder without the prior
written consent of both parties, with the exception of any disclosure required by Laws
and Regulations or the Agreement. To the extent any disclosure is allowed pursuant to
the exception, the disclosure must be strictly and narrowly limited to maintain
confidentiality to the extent possible.

9.

If a Dispute in question between Owner and Engineer involves the work of a Contractor,
Subcontractor, or consultants to the Owner, Subconsultants to the Engineer, or
Engineer's Subcontractors (each a "Joinable Party"), and such Joinable Party has agreed
contractually or otherwise to participate in a consolidated arbitration concerning this
Project, then either Owner or Engineer may join such Joinable Party as a party to the
arbitration between Owner and Engineer hereunder. Nothing in this Exhibit H
Paragraph 1.01 nor in the provision of such contract consenting to joinder will create
any claim, right, or cause of action in favor of the Joinable Party and against Owner or
Engineer that does not otherwise exist.

Exhibit H—Dispute Resolution.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 2 of 2

EXHIBIT I—LIMITATIONS OF LIABILITY
ARTICLE 1—LIMITATIONS OF LIABILITY
Paragraph 6.10 of the Agreement is supplemented to include Exhibit I Paragraph(s) 1.01, Mutual
Indemnification and 1.02, Limitation of Engineer's Liability:
1.01

Mutual Indemnification
A.

1.02

Indemnification by Owner: To the fullest extent permitted by Laws and Regulations, Owner
shall indemnify and hold harmless Engineer and its officers, directors, members, partners,
agents, employees, and Subconsultants, and Engineer's Subcontractors, from and against
any and all claims, costs, losses, and damages (including but not limited to all fees and
charges of engineers, architects, attorneys, and other professionals, and all court,
arbitration, or other dispute resolution costs) arising out of or relating to the Project,
provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness,
disease, or death or to injury to or destruction of tangible property (other than the Work
itself), including the loss of use resulting therefrom, but only to the extent caused by any
negligent act or omission of Owner or Owner's officers, directors, members, partners, agents,
employees, or others retained by or under contract to the Owner with respect to this
Agreement or to the Project.

Limitation of Engineer's Liability
A.

Engineer's Liability Limited to Amount of Engineer's Compensation: To the fullest extent
permitted by Laws and Regulations, and notwithstanding any other provision of this
Agreement, the total liability, in the aggregate, of Engineer and Engineer's officers, directors,
members, partners, agents, employees, Subconsultants, and Engineer's Subcontractors, to
Owner and anyone claiming by, through, or under Owner for any and all claims, losses, costs,
or damages whatsoever (including but not limited to direct, indirect, special, incidental,
punitive, exemplary, or consequential damages) arising out of, resulting from, or in any way
related to the Project or the Agreement from any cause or causes, including but not limited
to the negligence, professional errors or omissions, strict liability, breach of contract,
indemnity obligations, or warranty express or implied of Engineer or Engineer's officers,
directors, members, partners, agents, employees, Subconsultants, or Engineer's
Subcontractors, will not exceed the total compensation received by Engineer under this
Agreement.

Exhibit I—Limitation of Liability.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 1

EXHIBIT J—PAYMENTS TO ENGINEER FOR SERVICES AND REIMBURSABLE EXPENSES
COMPENSATION PACKET BC-1: BASIC SERVICES—LUMP SUM
ARTICLE 1—COMPENSATION PACKET BC-1: BASIC SERVICES—LUMP SUM
Article 2 of the Agreement is supplemented to include the following Exhibit J Paragraph 1.01:
1.01

Compensation for Basic Services (other than Resident Project Representative)—Lump Sum
Method of Payment
A.

Owner shall pay Engineer for Basic Services set forth in Exhibit A (except for Resident Project
Representative services, if any) as follows:
1.

B.

A Lump Sum amount of $139,500.00 based on the following estimated distribution of
compensation:
a.

Design Development – Preliminary Design

$ 72,700.00

b.

Design Development – Final Design and Bidding

$ 66,800.00

2.

The Lump Sum includes compensation for Engineer's services and services of Engineer's
Subcontractors and Subconsultants, if any. Appropriate amounts have been
incorporated in the Lump Sum to account for labor costs, overhead, profit, and expenses
(other than any expressly allowed Reimbursable Expenses).

3.

In addition to the Lump Sum, Engineer is also entitled to reimbursement from Owner
for the following Reimbursable Expenses (see Appendix 1 for rates or charges).

4.

The portion of the Lump Sum amount billed for Engineer's services will be based upon
Engineer's estimate of the percentage of the total services actually completed during
the billing period. If any Reimbursable Expenses are expressly allowed, Engineer may
also bill for any such Reimbursable Expenses incurred during the billing period.

Period of Service: The compensation amount stipulated in Compensation Packet BC-1 is
conditioned on a period of service not exceeding 12 months. If such period of service is
extended, the compensation amount for Engineer's services will be appropriately adjusted.

Exhibit J—Payments to Engineer for Services and Reimbursable Expenses.
Compensation Packet BC-1: Basic Services—Lump Sum.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 1

EXHIBIT J—PAYMENTS TO ENGINEER FOR SERVICES AND REIMBURSABLE EXPENSES
APPENDIX 1: REIMBURSABLE EXPENSES SCHEDULE
Reimbursable Expenses are subject to review and adjustment per Exhibit J. Rates and charges for
Reimbursable Expenses as of the date of the Agreement are:

Specs/Reports (up to 25 Pages)
Specs/Reports (Over 25 Pages)
Copies (Black/White)
Copies (Color)
Plots (Up to 15 sheets)

$5.00 each
$10.00 each
$0.05 per page
$0.10 per page
$10.00 each

Plots (Over 15 sheets)
Flash Drive
Binder
Comb Binding
Cover Stock
GPS Equipment

$20.00 each
$10.00 each
$5.00 each
$1.00 each
$0.20 per page
$15.00 per hour

Robotic Survey Equipment
Air/Slump/Beams
Air/Slump/Cylinders
Air/Slump
Mailing/UPS
Mileage - Reimbursement

$15.00 per hour
$100.00 Each
$75.00 Each
$50.00 Each
At Cost
IRS Rate ($0.7 2 per mile)

Mileage - Survey Vehicle
Travel Expenses, Lodging & Meals
Traffic Counting Equipment
Trimble Scanner
Boat Rental (Small with trolling motor)
Boat Rental (Large motorized boat)

$0.7 5 per mile
At Cost
At Cost
$30.00 per hour
$125.00 per day
$200.00 per day

Gator
Architectural Scanner

$120.00 per day
$50.00 per hour

Exhibit J—Payments to Engineer for Services and Reimbursable Expenses.
Appendix 1: Reimbursable Expenses Schedule.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 1

EXHIBIT J—PAYMENTS TO ENGINEER FOR SERVICES AND REIMBURSABLE EXPENSES
APPENDIX 2: STANDARD HOURLY RATES SCHEDULE
A.

B.

Standard Hourly Rates
1.

Standard Hourly Rates are set forth in this Appendix 2 to this Exhibit J and include
salaries and wages paid to personnel in each billing class plus the cost of customary and
statutory benefits, general and administrative overhead, non-project operating costs,
and operating margin or profit.

2.

The Standard Hourly Rates apply only as specified in Exhibit J.

Schedule: Hourly rates for services performed on or after the date of the Agreement are:

FS Tech
Construction Specialist
Survey Tech
Survey Specialist
Professional Land Surveyor
Design Tech
Technical Specialist
Engineering Designer
Professional Engineer
Designer
Licensed Architect
Administrative Assistant
Project Support Specialist
BIM Specialist

$100.00 - $149.00
$201.00 - $226.00
$102.00 - $145.00
$179.00 - $199.00
$193.00 - $263.00
$111.00 - $167.00
$162.00 - $181.00
$155.00 - $255.00
$207.00 - $317.00
$143.00 - $163.00
$183.00 - $297.00
$96.00 - $107.00
$116.00 - $146.00
$173.00 - $193.00

Exhibit J—Payments to Engineer for Services and Reimbursable Expenses.
Appendix 2: Standard Hourly Rates Schedule.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 1

Resolution 26-157
A RESOLUTION APPROVING PAY ESTIMATE 3 IN THE
AMOUNT OF $366,836.27 TO MCCARTHY IMPROVEMENT
CO., FOR THE WISCONSIN STREET -15TH STREET TO CODY
ROAD PROJECT
WHEREAS, the City of LeClaire passed Resolution 26-032 on February 2, 2026, approving
the contract with McCarthy Improvement co. in the amount of $8,634,205.55 for the Wisconsin
Street – 15th Street to Cody Road Project; and
WHEREAS, the City of LeClaire passed Resolution 26-086 on April 20th, 2026, approving
the Pay Estimate 1 to McCarthy Improvement Co., in the amount of $174,467.35 for the Wisconsin
Street -15th Street to Cody Road Project; and
WHEREAS, the contracted City Engineer has investigated and has provided the attached
recommended payment of $227,563.47 and Change Order 1 increasing contract price in the
amount of $9,270.00; and
WHEREAS, the City of LeClaire passed Resolution 26-118 on June 1, 2026, approving the
Pay Estimate 2 to McCarthy Improvement Co., in the amount of $227,563.47 for the Wisconsin
Street -15th Street to Cody Road Project; and
WHEREAS, Capital Improvement Project Account 328-303-6761 is being used to track
expenditures and has sufficient funding for this project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of LeClaire, Iowa, that
the Pay Estimate 3 in the amount of $366,836.27 to McCarthy Improvement Co., for the Wisconsin
Street – 15th Street to Cody Road Project is hereby approved. All resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of such conflict.
PASSED AND APPROVED by the LECLAIRE CITY COUNCIL this 6th day of July 2026.
________________________________________
Megan K. Smith, City Clerk
Resolution Approved
Resolution Uncontested
Resolution Vetoed

Dennis Gerard, Mayor
July 6, 2026

June 25, 2026
City of LeClaire
Attn: Dennis Bockenstedt – City Administrator
325 Wisconsin Street
LeClaire, IA 52753

LECLAIRE, IOWA
WISCONSIN STREET – 15TH ST TO CODY ROAD
PAY ESTIMATE NO. 3
Enclosed is an electronic version of Pay Estimate No. 3 for work completed through May 30, 2026
under the contract between the City of LeClaire and McCarthy Improvements Company. We
have checked the estimate and recommend payment to McCarthy Improvements Company in
the amount of $366,836.27.
This document will not need to be signed but will be uploaded by V&K, Inc. into DocExpress for
the Contractor, Engineer, and City to electronically approve.
Should you have any questions, please contact the undersigned at (309) 786-7590.
VEENSTRA & KIMM, INC.

Eric W. Lee, P.E.

EWL
561140
Enclosures
cc:
Eddie Coryn – McCarthy Improvements Company

Veenstra & Kimm, INC.
Detailed Payment
82-4252-606

Description
Payment Number
Pay Period

HDP-4252(606)--71-82, Letting Date- January 21, 2026
3
05/03/2026 to 05/30/2026

Prime Contractor

MCCARTHY IMPROVEMENT CO. & AFFIL DBA MCCARTHY IMPROVEMENT CO

Payment Status

Pending

Awarded Project Amount

$8,634,205.55

Authorized Amount

$8,643,475.55

Line
Number

Item ID

Unit

Unit Price

Authorized
Quantity

Current
Paid
Quantity

Previous
Paid
Quantity

Total
Quantity
Paid To Date

Total
Quantity
Placed To
Date

Current
Payment
Amount

Total
Amount
Paid To Date

Section: 0001 - HDP-4252(606)--71-82, ROADWAY ITEMS
0010

2101-0850002

UNIT

$205.000

572.300

97.400

277.050

374.450

374.450

$19,967.00

$76,762.25

CY

$41.000

3,562.000

0.000

0.000

0.000

0.000

$0.00

$0.00

CLEARING AND GRUBBING
0020

2102-2710070

EXCAVATION, CLASS 10, ROADWAY AND BORROW

Detailed Payment:

06/23/2026

82-4252-606

Page 1 of 15

Current
Paid
Quantity

Previous
Paid
Quantity

Total
Quantity
Paid To Date

Total
Quantity
Placed To
Date

Current
Payment
Amount

Total
Amount
Paid To Date

Line
Number

Item ID

Unit

Unit Price

Authorized
Quantity

0030

2102-2710090

CY

$18.000

7,500.000

0.000

0.000

0.000

0.000

$0.00

$0.00

$21.000

664.000

0.000

0.000

0.000

0.000

$0.00

$0.00

$61.000

2,017.000

0.000

0.000

0.000

0.000

$0.00

$0.00

$21.000

2,414.800

540.331

0.000

540.331

540.331

$11,346.95

$11,346.95

540.331

0.000

540.331

540.331

$1,080.66

$1,080.66

EXCAVATION, CLASS 10, WASTE
0040

2102-2713090

CY

EXCAVATION, CLASS 13, WASTE
0050

2105-8425015

CY

TOPSOIL, STRIP, SALVAGE AND SPREAD
0060

2113-0001000

SY

SUBGRADE STABILIZATION MATERIAL,: 12 IN. ROADWAY
0070

2113-0001100

SY

$2.000

2,414.800

SUBGRADE STABILIZATION MATERIAL, POLYMER GRID
0080

2115-0100000

CY

$70.000

4,474.000

781.623

0.000

781.623

781.623

$54,713.61

$54,713.61

EACH

$255.000

71.000

0.000

1.000

1.000

1.000

$0.00

$255.00

$94.000

24,148.000

0.000

0.000

0.000

0.000

$0.00

$0.00

MODIFIED SUBBASE
0090

2213-7100400

RELOCATION OF MAIL BOXES
0100

2301-1033080

SY

STANDARD OR SLIP FORM PORTLAND CEMENT CONCRETE PAVEMENT, CLASS C, CLASS 3 DURABILITY, 8 IN.
0110

2301-6911722

LS

$4,000.000

1.000

0.000

0.000

0.000

0.000

$0.00

$0.00

24,148.000

0.000

0.000

0.000

0.000

$0.00

$0.00

PORTLAND CEMENT CONCRETE PAVEMENT SAMPLES
0120

2301-7000110

EACH

$1.000

PAYMENT ADJUSTMENT INCENTIVE/DISINCENTIVE FOR PCC PAVEMENT THICKNESS (BY SCHEDULE)

Detailed Payment:

06/23/2026

82-4252-606

Page 2 of 15

Current
Paid
Quantity

Previous
Paid
Quantity

Total
Quantity
Paid To Date

Total
Quantity
Placed To
Date

Current
Payment
Amount

Total
Amount
Paid To Date

Line
Number

Item ID

Unit

Unit Price

Authorized
Quantity

0130

2303-9093010

SY

$134.000

322.000

0.000

0.000

0.000

0.000

$0.00

$0.00

$55.000

26.000

0.000

0.000

0.000

0.000

$0.00

$0.00

HOT MIX ASPHALT, DRIVEWAY
0140

2315-8275025

TON

SURFACING, DRIVEWAY, CLASS A CRUSHED STONE
0150

2401-6745910

EACH

$138.000

46.000

3.000

0.000

3.000

3.000

$414.00

$414.00

CY

$49.000

1,000.000

0.000

0.000

0.000

0.000

$0.00

$0.00

EACH

$1,800.000

1.000

1.000

0.000

1.000

1.000

$1,800.00

$1,800.00

$2,200.000

1.000

0.000

0.000

0.000

0.000

$0.00

$0.00

$2,900.000

1.000

0.000

0.000

0.000

0.000

$0.00

$0.00

$75.000

2,240.000

0.000

0.000

0.000

0.000

$0.00

$0.00

$6,500.000

8.000

2.000

2.000

4.000

4.000

$13,000.00

$26,000.00

1.000

0.000

1.000

1.000

1.000

$0.00

$18,000.00

REMOVAL OF SIGN
0160

2402-0425030

GRANULAR BACKFILL
0170

2416-0100012

APRONS, CONCRETE, 12 IN. DIA.
0180

2416-0100018

EACH

APRONS, CONCRETE, 18 IN. DIA.
0190

2416-0100030

EACH

APRONS, CONCRETE, 30 IN. DIA.
0200

2431-0000100

SF

SEGMENTAL BLOCK RETAINING WALL
0210

2435-0140160

EACH

MANHOLE, STORM SEWER, SW-401, 60 IN.
0220

2435-0140196

EACH

$18,000.000

MANHOLE, STORM SEWER, SW-401, 96 IN.

Detailed Payment:

06/23/2026

82-4252-606

Page 3 of 15

Current
Paid
Quantity

Previous
Paid
Quantity

Total
Quantity
Paid To Date

Total
Quantity
Placed To
Date

Current
Payment
Amount

Total
Amount
Paid To Date

Line
Number

Item ID

Unit

Unit Price

Authorized
Quantity

0230

2435-0250100

EACH

$5,000.000

11.000

0.000

0.000

0.000

0.000

$0.00

$0.00

EACH

$7,300.000

1.000

1.000

0.000

1.000

1.000

$7,300.00

$7,300.00

EACH

$7,200.000

48.000

3.000

2.000

5.000

5.000

$21,600.00

$36,000.00

EACH

$10,800.000

8.000

0.000

0.000

0.000

0.000

$0.00

$0.00

EACH

$4,700.000

2.000

0.000

1.000

1.000

1.000

$0.00

$4,700.00

EACH

$3,300.000

8.000

0.000

0.000

0.000

0.000

$0.00

$0.00

EACH

$5,800.000

1.000

0.000

0.000

0.000

0.000

$0.00

$0.00

EACH

$1,650.000

15.000

0.000

0.000

0.000

0.000

$0.00

$0.00

$3,500.000

1.000

0.000

0.000

0.000

0.000

$0.00

$0.00

$1,100.000

1.000

0.000

1.000

1.000

1.000

$0.00

$1,100.00

INTAKE, SW-501
0240

2435-0250260

INTAKE, SW-502, 60 IN.
0250

2435-0250500

INTAKE, SW-505
0260

2435-0250600

INTAKE, SW-506
0270

2435-0251100

INTAKE, SW-511
0280

2435-0251230

INTAKE, SW-512, 30 IN.
0290

2435-0254104

INTAKE, SW-541, TOP ONLY
0300

2435-0600010

MANHOLE ADJUSTMENT, MINOR
0310

2435-0600020

EACH

MANHOLE ADJUSTMENT, MAJOR
0320

2435-0700010

EACH

CONNECTION TO EXISTING MANHOLE

Detailed Payment:

06/23/2026

82-4252-606

Page 4 of 15

Current
Paid
Quantity

Previous
Paid
Quantity

Total
Quantity
Paid To Date

Total
Quantity
Placed To
Date

Current
Payment
Amount

Total
Amount
Paid To Date

Line
Number

Item ID

Unit

Unit Price

Authorized
Quantity

0330

2502-8212106

LF

$77.000

15.000

0.000

0.000

0.000

0.000

$0.00

$0.00

$18.000

10,685.000

1,428.000

0.000

1,428.000

1,428.000

$25,704.00

$25,704.00

SUBDRAIN, PLASTIC PIPE, 6 IN.
0340

2502-8212206

LF

SUBDRAIN, PERFORATED PLASTIC PIPE, 6 IN. DIA.
0350

2502-8221306

EACH

$760.000

2.000

0.000

0.000

0.000

0.000

$0.00

$0.00

LF

$90.000

91.000

22.000

0.000

22.000

22.000

$1,980.00

$1,980.00

95.000

$5,236.00

$7,315.00

6.000

$0.00

$558.00

700.000

$55,564.00

$81,200.00

0.000

$0.00

$0.00

51.000

$3,360.00

$7,140.00

$2,780.00

$7,340.00

SUBDRAIN OUTLET, DR-306
0360

2503-0114212

STORM SEWER GRAVITY MAIN, TRENCHED, REINFORCED CONCRETE PIPE (RCP), 2000D (CLASS III), 12 IN.
0370

2503-0114215

LF

$77.000

1,555.000

68.000

27.000

95.000

STORM SEWER GRAVITY MAIN, TRENCHED, REINFORCED CONCRETE PIPE (RCP), 2000D (CLASS III), 15 IN.
0380

2503-0114218

LF

$93.000

2,621.000

0.000

6.000

6.000

STORM SEWER GRAVITY MAIN, TRENCHED, REINFORCED CONCRETE PIPE (RCP), 2000D (CLASS III), 18 IN.
0390

2503-0114224

LF

$116.000

1,382.000

479.000

221.000

700.000

STORM SEWER GRAVITY MAIN, TRENCHED, REINFORCED CONCRETE PIPE (RCP), 2000D (CLASS III), 24 IN.
0400

2503-0114230

LF

$118.000

202.000

0.000

0.000

0.000

STORM SEWER GRAVITY MAIN, TRENCHED, REINFORCED CONCRETE PIPE (RCP), 2000D (CLASS III), 30 IN.
0410

2503-0116324

LF

$140.000

51.000

24.000

27.000

51.000

STORM SEWER GRAVITY MAIN, TRENCHED, 2000D LOW CLEARANCE CONCRETE PIPE, EQUIVALENT DIAMETER 24 IN.
0420

2503-0200036

LF

$20.000

2,032.000

139.000

228.000

367.000

367.000

REMOVE STORM SEWER PIPE LESS THAN OR EQUAL TO 36 IN.

Detailed Payment:

06/23/2026

82-4252-606

Page 5 of 15

Line
Number

Item ID

Unit

Unit Price

Authorized
Quantity

0430

2503-0200341

LF

$13.500

181.000

Current
Paid
Quantity

Previous
Paid
Quantity

Total
Quantity
Paid To Date

Total
Quantity
Placed To
Date

Current
Payment
Amount

Total
Amount
Paid To Date

390.000

0.000

390.000

390.000

$5,265.00

$5,265.00

STORM SEWER ABANDONMENT, FILL AND PLUG, LESS THAN OR EQUAL TO 36 IN. DIA.
0440

2507-8029000

TON

$57.000

25.000

0.000

0.000

0.000

0.000

$0.00

$0.00

SY

$6.000

23,317.100

0.000

4,628.300

4,628.300

4,628.300

$0.00

$27,769.80

$765.000

15.000

3.000

1.000

4.000

4.000

$2,295.00

$3,060.00

3,645.000

0.000

0.000

0.000

0.000

$0.00

$0.00

EROSION STONE
0450

2510-6745850

REMOVAL OF PAVEMENT
0460

2510-6750600

EACH

REMOVAL OF INTAKES AND UTILITY ACCESSES
0470

2511-0302600

SY

$90.000

RECREATIONAL TRAIL, PORTLAND CEMENT CONCRETE, 6 IN.
0480

2511-6745900

SY

$9.500

1,182.400

0.000

446.600

446.600

446.600

$0.00

$4,242.70

SY

$71.000

2,698.000

0.000

0.000

0.000

0.000

$0.00

$0.00

$100.000

1,169.000

0.000

0.000

0.000

0.000

$0.00

$0.00

SF

$57.000

1,220.000

0.000

0.000

0.000

0.000

$0.00

$0.00

SY

$97.000

1,720.700

0.000

0.000

0.000

0.000

$0.00

$0.00

REMOVAL OF SIDEWALK
0490

2511-7526004

SIDEWALK, P.C. CONCRETE, 4 IN.
0500

2511-7526006

SY

SIDEWALK, P.C. CONCRETE, 6 IN.
0510

2511-7528101

DETECTABLE WARNINGS
0520

2515-2475007

DRIVEWAY, P.C. CONCRETE, 7 IN.

Detailed Payment:

06/23/2026

82-4252-606

Page 6 of 15

Current
Paid
Quantity

Previous
Paid
Quantity

Total
Quantity
Paid To Date

Total
Quantity
Placed To
Date

Current
Payment
Amount

Total
Amount
Paid To Date

Line
Number

Item ID

Unit

Unit Price

Authorized
Quantity

0530

2515-6745600

SY

$15.000

1,968.900

21.000

0.000

21.000

21.000

$315.00

$315.00

REMOVAL OF PAVED DRIVEWAY
0540

2520-3350015

EACH

$65,000.000

1.000

0.030

0.130

0.160

0.160

$1,950.00

$10,400.00

2523-0000100

EACH

$8,700.000

6.000

0.000

0.000

0.000

0.000

$0.00

$0.00

LF

$32.000

840.000

675.000

0.000

675.000

675.000

$21,600.00

$21,600.00

EACH

$800.000

1.000

0.000

0.000

0.000

0.000

$0.00

$0.00

$300.000

31.000

0.000

0.000

0.000

0.000

$0.00

$0.00

FIELD OFFICE
0550

LIGHTING POLES
0560

2523-0000200

ELECTRICAL CIRCUITS
0570

2523-0000310

HANDHOLES AND JUNCTION BOXES
0580

2524-6765010

EACH

REMOVE AND REINSTALL SIGN AS PER PLAN
0590

2524-6765110

EACH

$111.000

46.000

0.000

1.000

1.000

1.000

$0.00

$111.00

EACH

$221.000

71.000

0.000

0.000

0.000

0.000

$0.00

$0.00

REMOVAL OF TYPE A SIGN
0600

2524-9276021

PERFORATED SQUARE STEEL TUBE POST ANCHOR, BREAK-AWAY SOIL INSTALLATION
0610

2524-9325001

SF

$28.000

410.150

0.000

0.000

0.000

0.000

$0.00

$0.00

$165.000

71.000

0.000

0.000

0.000

0.000

$0.00

$0.00

TYPE A SIGNS, SHEET ALUMINUM
0620

2524-9325150

EACH

INSTALL TYPE A SIGN

Detailed Payment:

06/23/2026

82-4252-606

Page 7 of 15

Current
Paid
Quantity

Previous
Paid
Quantity

Total
Quantity
Paid To Date

Total
Quantity
Placed To
Date

Current
Payment
Amount

Total
Amount
Paid To Date

Line
Number

Item ID

Unit

Unit Price

Authorized
Quantity

0630

2526-8285000

LS

$75,000.000

1.000

0.030

0.130

0.160

0.160

$2,250.00

$12,000.00

$277.000

18.000

0.000

0.000

0.000

0.000

$0.00

$0.00

66.900

0.000

0.000

0.000

0.000

$0.00

$0.00

$50,000.000

1.000

0.030

0.130

0.160

0.160

$1,500.00

$8,000.00

$55.000

56.000

0.000

3.000

3.000

3.000

$0.00

$165.00

CONSTRUCTION SURVEY
0640

2527-9263143

EACH

PAINTED SYMBOLS AND LEGENDS, DURABLE
0650

2527-9263217

STA

$221.000

PAINTED PAVEMENT MARKINGS, DURABLE
0660

2528-8445110

LS

TRAFFIC CONTROL
0670

2528-9290050

CDAY

PORTABLE DYNAMIC MESSAGE SIGN (PDMS)
0680

2533-4980005

LS

$801,000.000

1.000

0.120

0.130

0.250

0.250

$96,120.00

$200,250.00

CY

$115.000

200.000

0.000

118.667

118.667

118.667

$0.00

$13,646.71

TON

$36.000

400.000

0.000

0.000

0.000

0.000

$0.00

$0.00

CY

$60.000

370.000

0.000

0.000

0.000

0.000

$0.00

$0.00

0.050

0.100

0.100

$2,675.00

$5,350.00

MOBILIZATION
0690

2552-0000140

ROCK EXCAVATION
0700

2552-0000210

TRENCH FOUNDATION
0710

2552-0000220

REMOVAL, DISPOSAL, AND REPLACEMENT OF UNSUITABLE BACKFILL MATERIAL
0720

2552-0000300

LS

$53,500.000

1.000

0.050

TRENCH COMPACTION TESTING

Detailed Payment:

06/23/2026

82-4252-606

Page 8 of 15

Current
Paid
Quantity

Previous
Paid
Quantity

Total
Quantity
Paid To Date

Total
Quantity
Placed To
Date

Current
Payment
Amount

Total
Amount
Paid To Date

10.500

0.000

10.500

10.500

$2,005.50

$2,005.50

0.000

0.000

0.000

0.000

$0.00

$0.00

2.000

471.330

473.330

473.330

$220.00

$52,066.30

10.000

0.000

0.000

0.000

0.000

$0.00

$0.00

2.000

2.000

0.000

2.000

2.000

$560.00

$560.00

0.000

0.000

0.000

0.000

$0.00

$0.00

0.000

2.000

2.000

2.000

$0.00

$2,300.00

1.000

6.000

7.000

7.000

$740.00

$5,180.00

6.000

3.000

0.000

3.000

3.000

$2,400.00

$2,400.00

45.000

2.000

0.000

2.000

2.000

$4,600.00

$4,600.00

Line
Number

Item ID

Unit

Unit Price

Authorized
Quantity

0730

2554-0112004

LF

$191.000

10.000

WATER MAIN, TRENCHED, DUCTILE IRON PIPE (DIP), 4 IN.
0740

2554-0112006

LF

$150.000

30.000

WATER MAIN, TRENCHED, DUCTILE IRON PIPE (DIP), 6 IN.
0750

2554-0112008

LF

$110.000

5,424.000

WATER MAIN, TRENCHED, DUCTILE IRON PIPE (DIP), 8 IN.
0760

2554-0202200

EACH

$450.000

FITTINGS BY COUNT, DUCTILE IRON,: 6 IN, CAP
0770

2554-0202200

EACH

$280.000

FITTINGS BY COUNT, DUCTILE IRON,: 8 IN X 4IN REDUCER
0780

2554-0202200

EACH

$100.000

6.000

FITTINGS BY COUNT, DUCTILE IRON,: 8 IN X 6IN REDUCER
0790

2554-0202200

EACH

$1,150.000

8.000

FITTINGS BY COUNT, DUCTILE IRON,: 8 IN X 8 IN X 8IN, TEE
0800

2554-0202200

EACH

$740.000

12.000

FITTINGS BY COUNT, DUCTILE IRON,: 8 IN, 45-DEG BEND
0810

2554-0202200

EACH

$800.000

FITTINGS BY COUNT, DUCTILE IRON,: 8 IN, 90-DEG BEND
0820

2554-0204110

EACH

$2,300.000

WATER SERVICE STUB, COPPER, 1 IN.

Detailed Payment:

06/23/2026

82-4252-606

Page 9 of 15

Current
Paid
Quantity

Previous
Paid
Quantity

Total
Quantity
Paid To Date

Total
Quantity
Placed To
Date

Current
Payment
Amount

Total
Amount
Paid To Date

Line
Number

Item ID

Unit

Unit Price

Authorized
Quantity

0830

2554-0207008

EACH

$2,700.000

20.000

0.000

4.000

4.000

4.000

$0.00

$10,800.00

EACH

$6,010.000

2.000

0.000

1.000

1.000

1.000

$0.00

$6,010.00

EACH

$470.000

3.000

0.000

0.000

0.000

0.000

$0.00

$0.00

EACH

$470.000

6.000

0.000

0.000

0.000

0.000

$0.00

$0.00

EACH

$10,000.000

11.000

0.000

1.000

1.000

1.000

$0.00

$10,000.00

$700.000

6.000

0.000

0.000

0.000

0.000

$0.00

$0.00

EACH

$190.000

10.000

0.000

0.000

0.000

0.000

$0.00

$0.00

EACH

$4,500.000

40.000

0.000

0.000

0.000

0.000

$0.00

$0.00

290.000

0.000

0.000

0.000

0.000

$0.00

$0.00

980.000

0.000

0.000

0.000

0.000

$0.00

$0.00

VALVE, GATE, DIP, 8 IN.
0840

2554-0208008

TAPPING VALVE ASSEMBLY, 8 IN.
0850

2554-0209000

VALVE REMOVAL,: 4
0860

2554-0209000

VALVE REMOVAL,: 6
0870

2554-0210201

FIRE HYDRANT ASSEMBLY, WM-201
0880

2554-0210205

EACH

FIRE HYDRANT ASSEMBLY REMOVAL
0890

2554-0212050

VALVE BOX REMOVAL
0900

2599-9999005

('EACH' ITEM): WATER SERVICE STUB, TRENCHLESS, COPPER, 1 IN.
0910

2599-9999009

LF

$110.000

('LINEAR FEET' ITEM): 48 DECORATIVE SAFETY FENCE
0920

2599-9999009

LF

$28.000

('LINEAR FEET' ITEM): REMOVAL OF WATER MAIN, 6 IN. AND LESS

Detailed Payment:
82-4252-606

06/23/2026
Page 10 of 15

Line
Number

Item ID

Unit

0930

2599-9999009

LF

Unit Price

Authorized
Quantity

Current
Paid
Quantity

Previous
Paid
Quantity

Total
Quantity
Paid To Date

Total
Quantity
Placed To
Date

Current
Payment
Amount

Total
Amount
Paid To Date

$5.000

3,613.000

0.000

0.000

0.000

0.000

$0.00

$0.00

('LINEAR FEET' ITEM): WATER MAIN ABANDONMENT, FILL AND PLUG, LESS THAN OR EQUAL TO 36 IN. DIA.
0940

2599-9999010

LS

$40,000.000

1.000

0.050

0.150

0.200

0.200

$2,000.00

$8,000.00

1.000

0.000

0.000

0.000

0.000

$0.00

$0.00

20.000

0.000

0.000

0.000

0.000

$0.00

$0.00

581.000

0.000

0.000

0.000

0.000

$0.00

$0.00

('LUMP SUM' ITEM): VIBRATION MONITORING
0950

2599-9999010

LS

$15,000.000

('LUMP SUM' ITEM): VIBRATION MONITORING - PROPERTY 1404
0960

2599-9999014

SF

$221.000

('SQUARE FEET' ITEM): BRICK SIDEWALK, REPLACE
0970

2599-9999014

SF

$28.000

('SQUARE FEET' ITEM): COLORED, STAMPED CONCRETE SIDEWALK
0980

2599-9999014

SF

$311.000

100.000

0.000

0.000

0.000

0.000

$0.00

$0.00

$17.000

170.000

0.000

0.000

0.000

0.000

$0.00

$0.00

('SQUARE FEET' ITEM): CONCRETE STEPS
0990

2599-9999014

SF

('SQUARE FEET' ITEM): REMOVE CONCRETE STEPS
1000

2601-2634100

ACRE

$2,750.000

2.250

0.000

0.000

0.000

0.000

$0.00

$0.00

2601-2636044

ACRE

$2,800.000

2.250

0.000

0.000

0.000

0.000

$0.00

$0.00

$10.000

682.500

0.000

0.000

0.000

0.000

$0.00

$0.00

MULCHING
1010

SEEDING AND FERTILIZING (URBAN)
1020

2601-2638352

SQ

SLOPE PROTECTION, WOOD EXCELSIOR MAT

Detailed Payment:
82-4252-606

06/23/2026
Page 11 of 15

Unit Price

Authorized
Quantity

Current
Paid
Quantity

Previous
Paid
Quantity

Total
Quantity
Paid To Date

Total
Quantity
Placed To
Date

Current
Payment
Amount

Total
Amount
Paid To Date

Line
Number

Item ID

Unit

1030

2602-0000020

LF

$2.250

1,992.000

0.000

0.000

0.000

0.000

$0.00

$0.00

2602-0000309

LF

$2.500

13,645.000

0.000

0.000

0.000

0.000

$0.00

$0.00

0.000

0.000

0.000

0.000

$0.00

$0.00

SILT FENCE
1040

PERIMETER AND SLOPE SEDIMENT CONTROL DEVICE, 9 IN. DIA.
1050

2602-0000351

LF

$0.250

13,645.000

REMOVAL OF PERIMETER AND SLOPE OR DITCH CHECK SEDIMENT CONTROL DEVICE
1060

2602-0000500

LF

$221.000

2.000

0.000

0.000

0.000

0.000

$0.00

$0.00

2.000

0.000

0.000

0.000

0.000

$0.00

$0.00

0.000

0.000

0.000

0.000

$0.00

$0.00

78.000

0.000

0.000

0.000

0.000

$0.00

$0.00

78.000

0.000

0.000

0.000

0.000

$0.00

$0.00

78.000

0.000

0.000

0.000

0.000

$0.00

$0.00

12.000

0.000

0.000

0.000

0.000

$0.00

$0.00

OPEN-THROAT CURB INTAKE SEDIMENT FILTER, EC-602
1070

2602-0000510

EACH

$110.500

MAINTENANCE OF OPEN-THROAT CURB INTAKE SEDIMENT FILTER
1080

2602-0000520

EACH

$11.000

2.000

REMOVAL OF OPEN-THROAT CURB INTAKE SEDIMENT FILTER
1090

2602-0000530

EACH

$110.500

GRATE INTAKE SEDIMENT FILTER BAG, EC-604
1100

2602-0000540

EACH

$55.000

MAINTENANCE OF GRATE INTAKE SEDIMENT FILTER BAG
1110

2602-0000550

EACH

$11.000

REMOVAL OF GRATE INTAKE SEDIMENT FILTER BAG
1120

2602-0010010

EACH

$600.000

MOBILIZATIONS, EROSION CONTROL

Detailed Payment:
82-4252-606

06/23/2026
Page 12 of 15

Current
Paid
Quantity

Previous
Paid
Quantity

Total
Quantity
Paid To Date

Total
Quantity
Placed To
Date

Current
Payment
Amount

Total
Amount
Paid To Date

Line
Number

Item ID

Unit

Unit Price

Authorized
Quantity

1130

2610-0000110

EACH

$150.000

18.000

0.000

0.000

0.000

0.000

$0.00

$0.00

2610-0000120

EACH

$500.000

4.000

0.000

0.000

0.000

0.000

$0.00

$0.00

8000-0000000

None

$0.000

0.000

0.000

0.000

0.000

0.000

$0.00

$0.00

$1,155.000

1.000

0.000

0.000

0.000

0.000

$0.00

$0.00

1.000

2.000

0.000

2.000

2.000

$3,850.00

$3,850.00

$4,200.000

1.000

0.000

0.000

0.000

0.000

$0.00

$0.00

$1,990.000

1.000

1.000

0.000

1.000

1.000

$1,990.00

$1,990.00

Section Totals:

$378,181.72

$792,646.48

Total Payments:

$378,181.72

$792,646.48

SHRUBS
1140
TREES
8000

PLACEHOLDER ONLY (DO NOT USE)
8010

2554-0202200

EACH

FITTINGS BY COUNT, DUCTILE IRON,: 12" x 8" Reducer
8020

2554-0202200

EACH

$1,925.000

FITTINGS BY COUNT, DUCTILE IRON,: 4" Transition Sleeve
8030

2554-0204120

EACH

WATER SERVICE STUB, COPPER, 2 IN.
8040

2599-9999005

EACH

('EACH' ITEM): Abandon Water Service

Detailed Payment:
82-4252-606

06/23/2026
Page 13 of 15

Time Charges
Original
Deadline

Authorized
Deadline

Charges
This
Period

Damages
This
Period

Days
Completed
To Date

Days
Remaining
To Date

Damages
To Date

Complete Phases 1,2 and 3 per the plans., Liquidated Damage Rate 2,000

03/31/
2027

03/31/2027

N/A

$0.00

N/A

305.0 Days

$0.00

Overall Site., Liquidated Damage Rate - 2,000

04/30/
2028

04/30/2028

N/A

$0.00

N/A

701.0 Days

$0.00

Total Damages:

$0.00

Time Limit

Summary
Current Approved Work:

$378,181.72

Approved Work To Date:

$792,646.48

Current Stockpile Advancement:

$0.00

Stockpile Advancement To Date:

$0.00

Current Stockpile Recovery:

$0.00

Stockpile Recovery To Date:

$0.00

Current Retainage:

$11,345.45

Retainage To Date:

$23,779.39

Current Retainage Released:

$0.00

Retainage Released To Date:

$0.00

Current Liquidated Damages:

$0.00

Liquidated Damages To Date:

$0.00

Current Adjustment:

$0.00

Adjustments To Date:

$0.00

Current Payment:

$366,836.27

Payments To Date:

$768,867.09

Previous Payment:

$227,563.47

Previous Payments To Date:

$402,030.82

Detailed Payment:
82-4252-606

06/23/2026
Page 14 of 15

Funding Details
82-4252-606-CAT-1 82-4252-606-CAT-1 82-4252-606:

$350,491.72

82-4252-606-CAT-1 82-4252-606-CAT-1 82-4252-606 To Date:

$666,184.68

82-4252-606-CAT-2 NON-PARTICIPATING:

$27,690.00

82-4252-606-CAT-2 NON-PARTICIPATING To Date:

$126,461.80

Current Payment:

$378,181.72

Payments To Date:

$792,646.48

Detailed Payment:
82-4252-606

06/23/2026
Page 15 of 15

Veenstra & Kimm, INC.
Pay Estimate by Fund
82-4252-606

Description

HDP-4252(606)--71-82, Letting Date- January 21, 2026

Payment Number

3

Pay Period

05/03/2026 to 05/30/2026

Prime Contractor

MCCARTHY IMPROVEMENT CO. & AFFIL DBA MCCARTHY IMPROVEMENT CO

Payment Status

Pending

Awarded Project Amount

$8,634,205.55

Authorized Amount

$8,643,475.55

Line Number

Item

Unit

Current Paid Quantity

Unit Price

Amount

Section: 0001 - HDP-4252(606)--71-82, ROADWAY ITEMS
Fund Package - 82-4252-606-CAT-1 82-4252-606-CAT-1 82-4252-606
0010

2101-0850002

UNIT

97.400

$205.00

$19,967.00

SY

540.331

$21.00

$11,346.95

540.331

$2.00

$1,080.66

CY

781.623

$70.00

$54,713.61

2401-6745910

EACH

3.000

$138.00

$414.00

2416-0100012

EACH

1.000

$1,800.00

$1,800.00

EACH

2.000

$6,500.00

$13,000.00

CLEARING AND GRUBBING
0060

2113-0001000

SUBGRADE STABILIZATION MATERIAL,: 12 IN. ROADWAY
0070

2113-0001100

SY

SUBGRADE STABILIZATION MATERIAL, POLYMER GRID
0080

2115-0100000

MODIFIED SUBBASE
0150
REMOVAL OF SIGN
0170

APRONS, CONCRETE, 12 IN. DIA.
0210

2435-0140160

MANHOLE, STORM SEWER, SW-401, 60 IN.

Pay Estimate by Fund:

06/23/2026

82-4252-606

Page 1 of 4

Line Number

Item

Unit

Current Paid Quantity

Unit Price

Amount

0240

2435-0250260

EACH

1.000

$7,300.00

$7,300.00

2435-0250500

EACH

3.000

$7,200.00

$21,600.00

2502-8212206

LF

1,428.000

$18.00

$25,704.00

22.000

$90.00

$1,980.00

INTAKE, SW-502, 60 IN.
0250
INTAKE, SW-505
0340

SUBDRAIN, PERFORATED PLASTIC PIPE, 6 IN. DIA.
0360

2503-0114212

LF

STORM SEWER GRAVITY MAIN, TRENCHED, REINFORCED CONCRETE PIPE (RCP), 2000D (CLASS III), 12 IN.
0370

2503-0114215

LF

68.000

$77.00

$5,236.00

STORM SEWER GRAVITY MAIN, TRENCHED, REINFORCED CONCRETE PIPE (RCP), 2000D (CLASS III), 15 IN.
0390

2503-0114224

LF

479.000

$116.00

$55,564.00

STORM SEWER GRAVITY MAIN, TRENCHED, REINFORCED CONCRETE PIPE (RCP), 2000D (CLASS III), 24 IN.
0410

2503-0116324

LF

24.000

$140.00

$3,360.00

STORM SEWER GRAVITY MAIN, TRENCHED, 2000D LOW CLEARANCE CONCRETE PIPE, EQUIVALENT DIAMETER 24
IN.
0420

2503-0200036

LF

139.000

$20.00

$2,780.00

390.000

$13.50

$5,265.00

3.000

$765.00

$2,295.00

SY

21.000

$15.00

$315.00

2520-3350015

EACH

0.030

$65,000.00

$1,950.00

2523-0000200

LF

675.000

$32.00

$21,600.00

LS

0.027

$75,000.00

$2,025.00

LS

0.027

$50,000.00

$1,350.00

REMOVE STORM SEWER PIPE LESS THAN OR EQUAL TO 36 IN.
0430

2503-0200341

LF

STORM SEWER ABANDONMENT, FILL AND PLUG, LESS THAN OR EQUAL TO 36 IN. DIA.
0460

2510-6750600

EACH

REMOVAL OF INTAKES AND UTILITY ACCESSES
0530

2515-6745600

REMOVAL OF PAVED DRIVEWAY
0540
FIELD OFFICE
0560

ELECTRICAL CIRCUITS
0630

2526-8285000

CONSTRUCTION SURVEY
0660

2528-8445110

TRAFFIC CONTROL

Pay Estimate by Fund:

06/23/2026

82-4252-606

Page 2 of 4

Line Number

Item

Unit

Current Paid Quantity

Unit Price

Amount

0680

2533-4980005

LS

0.108

$801,000.00

$86,508.00

2552-0000300

LS

0.025

$53,500.00

$1,337.50

LS

0.050

$40,000.00

$2,000.00

MOBILIZATION
0720

TRENCH COMPACTION TESTING
0940

2599-9999010

('LUMP SUM' ITEM): VIBRATION MONITORING
82-4252-606-CAT-1 82-4252-606-CAT-1 82-4252-606 Total: $350,491.72
Fund Package - 82-4252-606-CAT-2 NON-PARTICIPATING
0630

2526-8285000

LS

0.003

$75,000.00

$225.00

2528-8445110

LS

0.003

$50,000.00

$150.00

2533-4980005

LS

0.012

$801,000.00

$9,612.00

2552-0000300

LS

0.025

$53,500.00

$1,337.50

LF

10.500

$191.00

$2,005.50

2.000

$110.00

$220.00

2.000

$280.00

$560.00

1.000

$740.00

$740.00

3.000

$800.00

$2,400.00

EACH

2.000

$2,300.00

$4,600.00

EACH

2.000

$1,925.00

$3,850.00

CONSTRUCTION SURVEY
0660
TRAFFIC CONTROL
0680
MOBILIZATION
0720

TRENCH COMPACTION TESTING
0730

2554-0112004

WATER MAIN, TRENCHED, DUCTILE IRON PIPE (DIP), 4 IN.
0750

2554-0112008

LF

WATER MAIN, TRENCHED, DUCTILE IRON PIPE (DIP), 8 IN.
0770

2554-0202200

EACH

FITTINGS BY COUNT, DUCTILE IRON,: 8 IN X 4IN REDUCER
0800

2554-0202200

EACH

FITTINGS BY COUNT, DUCTILE IRON,: 8 IN, 45-DEG BEND
0810

2554-0202200

EACH

FITTINGS BY COUNT, DUCTILE IRON,: 8 IN, 90-DEG BEND
0820

2554-0204110

WATER SERVICE STUB, COPPER, 1 IN.
8020

2554-0202200

FITTINGS BY COUNT, DUCTILE IRON,: 4" Transition Sleeve

Pay Estimate by Fund:

06/23/2026

82-4252-606

Page 3 of 4

Line Number

Item

Unit

8040

2599-9999005

EACH

Current Paid Quantity

Unit Price

Amount

1.000

$1,990.00

$1,990.00

('EACH' ITEM): Abandon Water Service
82-4252-606-CAT-2 NON-PARTICIPATING Total: $27,690.00
Section 0001 Total: $378,181.72
Project Total: $378,181.72

Time Limits
Original
Deadline

Authorized
Deadline

Charges
This
Period

Damages
This
Period

Days
Completed
To Date

Days
Remaining
To Date

Damages
To Date

Complete Phases 1,2 and 3 per the plans.,
Liquidated Damage Rate - 2,000

03/31/
2027

03/31/2027

N/A

$0.00

N/A

305.0 Days

$0.00

Overall Site., Liquidated Damage Rate 2,000

04/30/
2028

04/30/2028

N/A

$0.00

N/A

701.0 Days

$0.00

Time Limit

Total Damages: $0.00

Summary
Current Approved Work:

$378,181.72

Approved Work To Date:

$792,646.48

Current Stockpile Advancement:

$0.00

Stockpile Advancement To Date:

$0.00

Current Stockpile Recovery:

$0.00

Stockpile Recovery To Date:

$0.00

Current Retainage:

$11,345.45

Retainage To Date:

$23,779.39

Current Retainage Released:

$0.00

Retainage Released To Date:

$0.00

Current Liquidated Damages:

$0.00

Liquidated Damages To Date:

$0.00

Current Adjustment:

$0.00

Adjustments To Date:

$0.00

Current Payment:

$366,836.27

Payments To Date:

$768,867.09

Previous Payment:

$227,563.47

Previous Payments To Date:

$402,030.82

Pay Estimate by Fund:

06/23/2026

82-4252-606

Page 4 of 4

Resolution 26-158
A RESOLUTION APPROVING THE TERRITORIAL ROAD BUMP
REPAIR FROM CDMI CONTRACTORS IN AN AMOUNT NOT TO
EXCEED $10,500.00
WHEREAS, the removal and replacement of the concrete bridge approach on Territorial
Road at 277th Avenue is in the current budget; and
WHEREAS, the attached quote, dated September 9, 2025, in the amount of $10,500.00, is
for the removal and replacement of the concrete bridge approach, from CDMI Contractors; and
WHEREAS, account 328-315-6761 will be used to track this expenditure and has sufficient
funding.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of LeClaire, Iowa, that
the repair of the Territorial Road Bump, from CDMI Contractors, in an amount of $10,500.00 is
hereby approved and authorized. All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
PASSED AND APPROVED by the LECLAIRE CITY COUNCIL this 6th day of July 2026.
________________________________________
Megan K. Smith, City Clerk
Resolution Approved
Resolution Uncontested
Resolution Vetoed
Dennis Gerard, Mayor
July 6, 2026

PROPOSAL

Date: 9-24-2025
Job Name: territorial road bump
Location: LeClaire, Iowa

Mill & Overlay with 1.5”
•
•
•
•
•

Mill 1.5” from concrete to 80ft west
Clean of all dirt and debris
Apply a tack coat
Machine apply a 1.5” surface
Supply all necessary flaggers and traffic control

CDMI proposes completing the above items for a lump sum price of

$7,875.00

Remove and replace concrete bridge approach
•
•
•
•

Saw cut and remove existing concrete and asphalt
Form and pour 10” approach pavement
Fill joint with hot pour tar
Supply all necessary traffic control

CDMI proposes completing the above items for a lump sum price of

Exclusions:
•
•
•
•

Private utility locates
Soft or unsuitable soil
Storm water prevention plan
Anything not listed above

Thank you for your consideration,
Luke Carpenter

$10,500.00

RESOLUTION 26-159
RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AN OMNIBUS
AMENDMENT AND ASSUMPTION AGREEMENT RELATING TO THE $6,600,000 CITY OF
LECLAIRE PRIVATE SCHOOL FACILITY REVENUE NOTES (ST. JOAN OF ARC SCHOOL
PROJECT), SERIES 2024C AND OTHER MATTERS RELATING THERETO
WHEREAS, the City of LeClaire, Iowa (hereinafter referred to as the “City”), is a
municipal corporation and political subdivision organized and existing under the laws and
the Constitution of the State of Iowa; and
WHEREAS, the City previously issued its Private School Facility Revenue Notes (St.
Joan of Arc School Project), Series 2024C in the aggregate principal amount of $6,600,000
(the “Notes”) pursuant to Chapter 419 of the Code of Iowa, as amended (the “Act”), and a
Loan Agreement dated as of June 1, 2024 (the “Loan Agreement”) among the City, Our Lady
of Lourdes Church of Bettendorf, Iowa (“OLOL”) and St. John Vianney Church of Bettendorf,
Iowa (“SJV” and together with OLOL, the “Original Borrowers”), and Blackhawk Bank &
Trust (the “Bank”); and
WHEREAS, OLOL and SJV are merging into St. Joan of Arc Catholic Parish of
Bettendorf, Iowa (the “Successor Borrower”), with the Successor Borrower as the surviving
corporation; and
WHEREAS, pursuant to Section 8.02 of the Loan Agreement, the Original Borrowers
are permitted to merge, subject to satisfaction of certain conditions, including the written
assumption by the surviving entity of all obligations of the Original Borrowers under the
Loan Agreement and all Related Documents (as defined in the Loan Agreement); and
WHEREAS, there has been presented to this meeting a form of Omnibus
Amendment and Assumption Agreement (the “Omnibus Agreement”) by and among Scott
County, Iowa, City of Riverdale, Iowa, the City, the Successor Borrower, the Bank, St. Joan of
Arc Foundation, Inc., and the Original Borrowers, pursuant to which, among other things,
the Successor Borrower assumes in writing all obligations of the Original Borrowers under
the Loan Agreement and all Related Documents, and the definition of “Borrowers” in the
Loan Agreement is amended to refer to the Successor Borrower; and
WHEREAS, the City’s execution of the Omnibus Agreement does not impose any
new financial obligation on the City, and the Notes remain special, limited obligations of the
City payable solely from revenues derived from the Loan Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LECLAIRE, IOWA, AS
FOLLOWS:
Section 1.
That the Omnibus Agreement in substantially the form presented to this
meeting is hereby approved, and the Mayor and the City Clerk are hereby authorized and
directed to execute and deliver the Omnibus Agreement, with such changes therein as shall
be approved by the officers executing such document, approval to be conclusively
evidenced by the execution thereof.

Section 2.
That the Mayor and the City Clerk are hereby authorized and directed to
execute any and all documents, certificates, and instruments, and to do any and all things
deemed necessary or advisable in connection with the Omnibus Agreement and the
transactions contemplated thereby, including but not limited to the execution and delivery
of an Issuer’s Certificate relating to the Notes.
Section 3.
THAT THE NOTES REMAIN SPECIAL LIMITED OBLIGATIONS OF THE CITY.
THE PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON THE NOTES SHALL CONTINUE
TO BE PAYABLE SOLELY OUT OF THE REVENUES DERIVED FROM THE LOAN AGREEMENT
(AS AMENDED BY THE OMNIBUS AGREEMENT) AND ARE NOT OTHERWISE AN
OBLIGATION OF THE CITY. THE NOTES AND INTEREST THEREON SHALL NEVER
CONSTITUTE AN INDEBTEDNESS OF THE CITY WITHIN THE MEANING OF ANY STATE
CONSTITUTIONAL PROVISION OR STATUTORY LIMITATION, AND SHALL NOT
CONSTITUTE NOR GIVE RISE TO A PECUNIARY LIABILITY OF THE CITY OR A CHARGE
AGAINST ITS GENERAL CREDIT.
Section 4.
That all resolutions and parts thereof in conflict herewith are hereby
repealed to the extent of such conflict.
Section 5.
approval.

That this Resolution shall become effective immediately upon its passage and

Passed and approved this 6th day of July 2026.
_________________________________
Dennis Gerard, Mayor
Attest:
_________________________________
Megan K. Smith, City Clerk
(SEAL)

STATE OF IOWA
)
) SS:
COUNTY OF SCOTT )
I, Megan K. Scott, City Clerk of LeClaire, Iowa, do hereby certify that I have in my possession
or have access to the complete corporate records of the City Council of said City; and that I
have carefully compared the transcript hereto attached with the aforesaid corporate
records and that said transcript hereto attached is a true, correct and complete copy of all
of the corporate records showing the action taken with respect to the matters set forth
therein by the City Council of said City on July 6, 2026, which proceedings remain in full
force and effect, and have not been amended or rescinded in any way; that such meeting
was duly and publicly held in accordance with the Notice of Meeting and tentative agenda,
a copy of which was timely served on each member of the Council and posted on a bulletin
board or other prominent place easily accessible to the public and clearly designated for
that purpose at the principal office of the Council (a copy of the face sheet of said agenda
being attached hereto) pursuant to the rules of the Council and the provisions of Chapter
21, Code of Iowa, as amended, upon reasonable advance notice to the public and media at
least twenty-four (24) hours prior to the commencement of the meeting as required by said
law and with members of the public in attendance.
I further certify that the individuals named in the attached proceedings were on the date
thereof duly and lawfully possessed of their respective offices as indicated therein, that no
Council vacancies existed except as may be stated in said proceedings, and that no
controversy or litigation is pending, prayed or threatened involving the incorporation,
organization, existence or boundaries of the City or the right of the individuals named
therein as officers to their respective positions.
WITNESS my hand and the seal of said City hereto affixed this 6th day of July 2026.

_________________________________
Megan K. Smith, City Clerk
(SEAL)

OMNIBUS AMENDMENT AND ASSUMPTION AGREEMENT
By and Among
SCOTT COUNTY, IOWA;
CITY OF RIVERDALE, IOWA;
CITY OF LECLAIRE, IOWA;
ST. JOAN OF ARC CATHOLIC PARISH OF BETTENDORF, IOWA;
BLACKHAWK BANK & TRUST;
and
ST. JOAN OF ARC FOUNDATION

Relating to:
$8,400,000
SCOTT COUNTY, IOWA
PRIVATE SCHOOL FACILITY REVENUE NOTES
(ST. JOAN OF ARC SCHOOL PROJECT), SERIES 2024A
$10,000,000
CITY OF RIVERDALE, IOWA
PRIVATE SCHOOL FACILITY REVENUE NOTES
(ST. JOAN OF ARC SCHOOL PROJECT), SERIES 2024B
$6,600,000
CITY OF LECLAIRE, IOWA
PRIVATE SCHOOL FACILITY REVENUE NOTES
(ST. JOAN OF ARC SCHOOL PROJECT), SERIES 2024C
Dated as of ________, 2026

#5297883

OMNIBUS AMENDMENT AND ASSUMPTION AGREEMENT
THIS OMNIBUS AMENDMENT AND ASSUMPTION AGREEMENT (this
“Agreement”) is dated as of [________], 2026, and is entered into by and among:
(1)

Scott County, Iowa, a county and political subdivision in the State of Iowa (the
“County”);

(2)

City of Riverdale, Iowa, a municipality and political subdivision in the State of
Iowa (“Riverdale”);

(3)

City of LeClaire, Iowa, a municipality and political subdivision in the State of Iowa
(“LeClaire” and together with the County and Riverdale, the “Issuers”);

(4)

St. Joan of Arc Catholic Parish of Bettendorf, Iowa, an Iowa nonprofit corporation
(the “Successor Borrower”);

(5)

Blackhawk Bank & Trust, a banking corporation organized under the laws of the
State of Iowa (the “Bank”); and

(6)

St. Joan of Arc Foundation, an Iowa nonprofit corporation (the “Foundation” and
together with the Successor Borrower, the “Grantors”).
W I T N E S S E T H:

A.

WHEREAS, the County, Our Lady of Lourdes Church of Bettendorf, Iowa (“OLOL”) and
St. John Vianney Church of Bettendorf, Iowa (“SJV” and together with OLOL, the
“Original Borrowers”), and the Bank entered into a Loan Agreement dated as of May 1,
2024 (the “County Loan Agreement”), pursuant to which the County issued its Private
School Facility Revenue Notes (St. Joan of Arc School Project), Series 2024A in the
aggregate principal amount of $8,400,000 (the “Series 2024A Bonds”);

B.

WHEREAS, Riverdale, the Original Borrowers, and the Bank entered into a Loan
Agreement dated as of May 1, 2024 (the “Riverdale Loan Agreement”), pursuant to which
Riverdale issued its Private School Facility Revenue Notes (St. Joan of Arc School
Project), Series 2024B in the aggregate principal amount of $10,000,000 (the “Series
2024B Bonds”);

C.

WHEREAS, LeClaire, the Original Borrowers, and the Bank entered into a Loan
Agreement dated as of June 1, 2024 (the “LeClaire Loan Agreement” and together with the
County Loan Agreement and the Riverdale Loan Agreement, the “Loan Agreements”),
pursuant to which LeClaire issued its Private School Facility Revenue Notes (St. Joan of
Arc School Project), Series 2024C in the aggregate principal amount of $6,600,000 (the
“Series 2024C Bonds” and together with the Series 2024A Bonds and the Series 2024B
Bonds, the “Bonds”);

D.

WHEREAS, The Original Borrowers and the Bank entered into a Real Estate Mortgage,
Security Agreement, and Fixture Financing Statement dated as of May 16, 2024, filed May
17, 2024 as Instr. No. 2024-008057 of the Scott County Recorder’s Office, as amended by

2

a First Amendment to Real Estate Mortgage, Security Agreement, and Fixture Financing
Statement dated as of June 28, 2024, filed June 28, 2024 as Instr. No. 2024-010818 of the
Scott County Recorder’s Office (as amended, the “Mortgage”);
E.

WHEREAS, the Foundation, OLOL, and the Bank entered into a Security Agreement dated
as of May 1, 2024 (the “Original Security Agreement”), and the Foundation, OLOL, and
the Bank entered into a Security Agreement dated as of June 1, 2024 (the “Supplemental
Security Agreement” and together with the Original Security Agreement, the “Security
Agreements”), each granting the Bank a security interest in Campaign Revenues and
related collateral;

F.

WHEREAS, Section 8.02 of each Loan Agreement permits the Original Borrowers to
consolidate or merge with or into another entity, provided that certain conditions are
satisfied, including that (A) the surviving entity shall be a nonprofit legal entity organized
and existing under the laws of one of the states of the United States of America, shall be
qualified to do business in the State of Iowa, shall have a net worth immediately subsequent
to such merger at least equal to 100% of that of the Original Borrowers immediately prior
to such merger, shall be an organization described in Section 501(c)(3) of the Internal
Revenue Code, and shall assume in writing all of the obligations of the Original Borrowers
under the Loan Agreements and the Related Documents; (B) such merger will not
adversely affect the tax-exempt status of the interest on the Bonds; (C) prior to such merger,
the Bank shall be furnished a certificate from the chief financial officer of the Original
Borrowers stating that in the opinion of such officer none of the covenants contained in the
Loan Agreements will be violated as a result of such merger; and (D) the Bank shall have
consented to such merger;

G.

WHEREAS, OLOL and SJV are merging into the Successor Borrower (the “Merger”),
with the Successor Borrower as the surviving corporation, pursuant to Articles of Merger
to be filed with the Iowa Secretary of State of the State of Iowa (the “Articles of Merger”);

H.

WHEREAS, the Successor Borrower is a nonprofit corporation organized and existing
under the laws of the State of Iowa, is qualified to do business in the State of Iowa, and is
an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as
amended;

I.

WHEREAS, the Bank has reviewed the proposed Merger and desires to consent to the
Merger and to waive any Event of Default that may arise under Section 15(h) of the
Security Agreements solely as a result of the Merger;

J.

WHEREAS, the parties desire to amend each of the Loan Agreements, the Mortgage, and
the Security Agreements to reflect the substitution of the Successor Borrower for the
Original Borrowers, and the Successor Borrower desires to assume in writing all of the
obligations of the Original Borrowers under the Loan Agreements and all Related
Documents (as defined in each Loan Agreement);

3

NOW, THEREFORE, in consideration of the premises and the mutual agreements herein
contained, and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties agree as follows:
Section 1. Definitions.
Unless otherwise defined herein, all capitalized terms used in this Agreement shall have
the meanings assigned to them in the respective Loan Agreements.
Section 2. Amendment to Loan Agreements.
(a) The definition of “Borrowers” in Section 1.01 of the County Loan Agreement is hereby
amended and restated in its entirety to read as follows:
“Borrowers” means St. Joan of Arc Catholic Parish of Bettendorf, Iowa, an
Iowa nonprofit corporation, as successor by merger to Our Lady of Lourdes
Church of Bettendorf, Iowa and St. John Vianney Church of Bettendorf,
Iowa.
(b) The definition of “Borrowers” in Section 1.01 of the Riverdale Loan Agreement is hereby
amended and restated in its entirety to read as follows:
“Borrowers” means St. Joan of Arc Catholic Parish of Bettendorf, Iowa, an
Iowa nonprofit corporation, as successor by merger to Our Lady of Lourdes
Church of Bettendorf, Iowa and St. John Vianney Church of Bettendorf,
Iowa.
(c) The definition of “Borrowers” in Section 1.01 of the LeClaire Loan Agreement is hereby
amended and restated in its entirety to read as follows:
“Borrowers” means St. Joan of Arc Catholic Parish of Bettendorf, Iowa, an
Iowa nonprofit corporation, as successor by merger to Our Lady of Lourdes
Church of Bettendorf, Iowa and St. John Vianney Church of Bettendorf,
Iowa.
(d) All references to “Our Lady of Lourdes Church of Bettendorf, Iowa,” “St. John Vianney
Church of Bettendorf, Iowa,” or the “Borrowers” in each of the Loan Agreements and the
Related Documents (as defined in each Loan Agreement) shall be deemed to refer to the
Successor Borrower, except where the context clearly requires reference to the Original
Borrowers in their historical capacity.
Section 3. Amendment to Mortgage.
The definition of “Mortgagor” in the Mortgage is hereby amended to mean St. Joan of Arc
Catholic Parish of Bettendorf, Iowa, as successor by merger to Our Lady of Lourdes Church of
Bettendorf, Iowa and St. John Vianney Church of Bettendorf, Iowa. All references to “Our Lady
of Lourdes Church of Bettendorf, Iowa” or “St. John Vianney Church of Bettendorf, Iowa” or the
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“Mortgagor” in the Mortgage shall be deemed to refer to the Successor Borrower, except where
the context clearly requires reference to the Original Borrowers in their historical capacity. The
parties shall execute a separate Second Amendment to Real Estate Mortgage, Security Agreement,
and Fixture Financing Statement in recordable form to evidence this amendment for purposes of
the public real estate records of Scott County, Iowa.
Section 4. Amendment to Security Agreements.
(a) All references to “Our Lady of Lourdes Church of Bettendorf, Iowa” or “OLOL” as a
“Grantor” in each of the Security Agreements are hereby amended to refer to the Successor
Borrower. All references to “Borrowers” in the Security Agreements shall be deemed to
refer to the Successor Borrower. The Foundation remains a Grantor under each Security
Agreement without amendment.
(b) Section 4 of each Security Agreement is hereby amended to the extent necessary to reflect
that the Foundation shall donate Campaign Revenues to the Successor Borrower (in lieu of
OLOL), which funds shall be deposited into an account held at the Bank’s office known as
the “Revenue Fund” under the Loan Agreements.
(c) Section 5 of each Security Agreement is hereby amended to reflect that the Grantor
formerly identified as “Our Lady of Lourdes Church of Bettendorf, Iowa” with
organizational number 79706 is replaced by the Successor Borrower, whose legal name is
St. Joan of Arc Catholic Parish of Bettendorf, Iowa, whose jurisdiction of organization is
the State of Iowa, and whose organizational number is 868526. The chief place of business
and chief executive office of the Successor Borrower is located at 4097 – 18th Street,
Bettendorf, Iowa 52722.
Section 5. Assumption of Obligations.
(a) The Successor Borrower hereby assumes in writing all of the obligations of the Original
Borrowers under each of the Loan Agreements and all Related Documents (as defined in
each Loan Agreement), including, without limitation, the Bonds, the Mortgage, the
Security Agreements, the Bond Purchase Agreements, the Escrow Agreement, and the Tax
Certificates, as fully and completely as if the Successor Borrower had been an original
party thereto. This assumption is made pursuant to and in satisfaction of the requirements
of Section 8.02(A) of each Loan Agreement.
(b) The Successor Borrower represents and warrants that:
(i)

It is a nonprofit corporation duly organized and validly existing under the laws of
the State of Iowa and is qualified to do business in the State of Iowa;

(ii)

It is an organization described in Section 501(c)(3) of the Internal Revenue Code
of 1986, as amended;

(iii) Its net worth immediately subsequent to the Merger is at least equal to 100% of the
combined net worth of the Original Borrowers immediately prior to the Merger;

5

(iv) It has full power and authority to execute and deliver this Agreement and to perform
its obligations hereunder and under the Loan Agreements and all Related
Documents;
(v)

The execution, delivery, and performance of this Agreement have been duly
authorized by all necessary corporate action of the Successor Borrower; and

(vi) This Agreement constitutes the legal, valid, and binding obligation of the Successor
Borrower, enforceable against the Successor Borrower in accordance with its terms,
subject to bankruptcy, insolvency, reorganization, moratorium, and similar laws
affecting the enforcement of creditors’ rights generally and to general principles of
equity.
Section 6. Notices.
The notice address for the Successor Borrower under Section 11.04 of each Loan
Agreement and Section 21 of each Security Agreement shall be:
St. Joan of Arc Catholic Parish of Bettendorf, Iowa
Attn: Pastor
4097-18th Street
Bettendorf, IA 52722
With a copy to:
Lane & Waterman LLP
Attn: Scott Van Vooren
220 North Main Street, Suite 600
Davenport, IA 52801
Section 7. Ratification.
Except as expressly amended by this Agreement, the Loan Agreements, the Mortgage, the
Security Agreements, and all other Related Documents remain unmodified and in full force and
effect and are hereby ratified and confirmed. All references to the Loan Agreements, the Mortgage,
or the Security Agreements in any Related Document shall hereafter be deemed to refer to such
documents as amended by this Agreement.
Section 8. Conditions Precedent.
This Agreement shall not become effective until all conditions set forth in Section 8.02 of
each Loan Agreement have been satisfied and Bond Counsel has delivered its opinion in
accordance with Section 8.02(B) of each Loan Agreement, which opinion shall be subject to
receipt by Bond Counsel of such certificates, opinions, and other documents as Bond Counsel may
reasonably require.
Section 9. Governing Law.

6

This Agreement shall be governed by and construed in accordance with the laws of the
State of Iowa.
Section 10. Counterparts.
This Agreement may be signed in any number of counterpart copies (and by different
parties on different counterparts), each of which shall constitute an original, but all such copies
shall constitute one and the same instrument.
Section 11. Severability.
Any provision of this Agreement which is prohibited, unenforceable or not authorized in
any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition,
unenforceability or nonauthorization without invalidating the remaining provisions hereof or
affecting the validity, enforceability or legality of such provision in any other jurisdiction.

IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS AGREEMENT
SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE
ENFORCEABLE. NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED IN
THIS WRITTEN CONTRACT MAY BE LEGALLY ENFORCED. YOU MAY CHANGE
THE TERMS OF THIS AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT.

7

ST. JOAN OF ARC CATHOLIC PARISH OF BETTENDORF, IOWA
By: ___________________________
Rev. Jason Crossen, Vicar General/President
By: ___________________________
Rev. Richard Adam, Pastor

[Signature Page to Omnibus Amendment and Assumption Agreement – St. Joan of Arc School Project]

8

BLACKHAWK BANK & TRUST
By: ___________________________
Name: _________________________
Title: __________________________
By: ___________________________
Name: _________________________
Title: __________________________

[Signature Page to Omnibus Amendment and Assumption Agreement – St. Joan of Arc School Project]

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The undersigned, as the authorized representatives of the Original Borrowers, acknowledge
and consent to this Agreement and confirm that the execution and delivery of this Agreement and
the filing of the Articles of Merger have been duly authorized by all necessary corporate action of
each of the Original Borrowers.
OUR LADY OF LOURDES CHURCH OF BETTENDORF, IOWA
By: ___________________________
Rev. Jason Crossen, Authorized Representative
By: ___________________________
Rev. Richard Adam, Authorized Representative

ST. JOHN VIANNEY CHURCH OF BETTENDORF, IOWA
By: ___________________________
Rev. Jason Crossen, Authorized Representative
By: ___________________________
Rev. Richard Adam, Authorized Representative

[Signature Page to Omnibus Amendment and Assumption Agreement – St. Joan of Arc School Project]

10

The Foundation executes this Agreement solely in its capacity as a consenting Grantor
under the Security Agreements.
ST. JOAN OF ARC FOUNDATION
By: ___________________________
Rev. Jason Crossen, Co-President
By: ___________________________
Rev. Richard Adam, Co-President

[Signature Page to Omnibus Amendment and Assumption Agreement – St. Joan of Arc School Project]

11

The undersigned executes this Agreement solely to evidence its consent to the amendment
of the County Loan Agreement dated as of May 1, 2024 relating to the $8,400,000 Scott County,
Iowa Private School Facility Revenue Notes (St. Joan of Arc School Project), Series 2024A in
Section 2(a) hereof.
SCOTT COUNTY, IOWA
By: ___________________________
John D. Maxwell, Chairperson
Attest:
___________________________
Kerri Tompkins, County Auditor

[Signature Page to Omnibus Amendment and Assumption Agreement – St. Joan of Arc School Project]

12

The undersigned executes this Agreement solely to evidence its consent to the amendment
of the Riverdale Loan Agreement dated as of May 1, 2024 relating to the $10,000,000 City of
Riverdale, Iowa Private School Facility Revenue Notes (St. Joan of Arc School Project), Series
2024B in Section 2(b) hereof.
CITY OF RIVERDALE, IOWA
By: ___________________________
Anthony Heddlesten, Mayor
Attest:
___________________________
Kelly Krell, City Clerk

[Signature Page to Omnibus Amendment and Assumption Agreement – St. Joan of Arc School Project]

13

The undersigned executes this Agreement solely to evidence its consent to the amendment
of the LeClaire Loan Agreement dated as of June 1, 2024 relating to the $6,600,000 City of
LeClaire, Iowa Private School Facility Revenue Notes (St. Joan of Arc School Project), Series
2024C in Section 2(c) hereof.
CITY OF LECLAIRE, IOWA
By: ___________________________
Dennis Gerard, Mayor
Attest:
___________________________
Megan K. Smith, City Clerk

[Signature Page to Omnibus Amendment and Assumption Agreement – St. Joan of Arc School Project]

14

$6,600,000
CITY OF LECLAIRE
PRIVATE SCHOOL FACILITY REVENUE NOTES
(ST. JOAN OF ARC SCHOOL PROJECT)
SERIES 2024C
CERTIFICATE
OF
CITY OF LECLAIRE, AS ISSUER
I. Introduction
This Certificate is delivered in connection with the Omnibus Amendment and Assumption
Agreement dated as of July 6, 2026 (the “Omnibus Agreement”), by and among Scott County, Iowa,
City of Riverdale, Iowa, City of LeClaire, Iowa (the “Issuer”), St. Joan of Arc Catholic Parish of
Bettendorf, Iowa (the “Successor Borrower”), Blackhawk Bank & Trust (the “Bank”), and St. Joan
of Arc Foundation, Inc. (the “Foundation”), relating to the Issuer’s Private School Facility Revenue
Notes (St. Joan of Arc School Project), Series 2024C (the “Series 2024C Bonds”) in an aggregate
principal amount of $6,600,000, issued pursuant to a Loan Agreement dated as of June 1, 2024 (the
“Loan Agreement”) by and among the Issuer, the Bank, and Our Lady of Lourdes Church of
Bettendorf, Iowa and St. John Vianney Church of Bettendorf, Iowa (the “Original Borrowers”).
Capitalized terms used but not defined herein shall have the meanings assigned to them in the
Omnibus Agreement.
II. Certification of Mayor and City Clerk of Issuer
The undersigned Mayor and City Clerk of the Issuer, whose respective signatures appear on
the final page of this Certificate, acting for and on behalf of the Issuer, do hereby certify as follows:
(a) The City Council of the Issuer adopted a resolution on July 6, 2026 (the “Amendment
Resolution”) authorizing the Mayor and City Clerk to execute and deliver the Omnibus Agreement
and any and all other documents and certificates deemed necessary in connection therewith. The
Amendment Resolution was duly adopted at a meeting of the City Council duly called and held, by
the requisite vote of its members, and the Amendment Resolution is in full force and effect and has
not been altered, modified, or rescinded.
(b) The undersigned have duly executed and/or delivered, for and on behalf of the Issuer, the
Omnibus Agreement in substantially the form authorized by the Amendment Resolution.
(c) To our knowledge, no litigation is pending, or threatened, in any way affecting the
authority for or the validity of the Omnibus Agreement, the Loan Agreement (as amended by the
Omnibus Agreement), or the Series 2024C Bonds, or the existence or powers of the Issuer.
(d) To our knowledge, the execution and delivery of the Omnibus Agreement and the
compliance by the Issuer with the provisions thereof will not conflict with or constitute on the part of
the Issuer a breach of or a default under any existing law, court or administrative regulation, decree

or order or any agreement or other instrument to which the Issuer is subject or by which it is or may
be bound.
(e) The representations and warranties of the Issuer contained in the Loan Agreement are true
and correct as of the date of this Certificate.
III. Certification as to Proceedings of Issuer
The undersigned Mayor and City Clerk of the Issuer do hereby officially certify that (a) the
Amendment Resolution was duly adopted and approved and validly passed by the City Council of
the Issuer on July 6, 2026, and the Amendment Resolution is in full force and effect and has not been
altered, modified, or rescinded, and (b) on the date hereof the following are the duly elected (or
appointed, as the case may be), qualified and acting officers of the Issuer:
Mayor:
City Clerk:

Dennis Gerard
Megan K. Smith

and (c) the meeting of the City Council at which the Amendment Resolution was adopted was open
to the public at all times and advance public notice of the time and place of such meeting as required
by state law was duly given, pursuant to the provisions and in accordance with the conditions of
Chapter 21, Code of Iowa.

2

IV. Specimen Signatures
The undersigned Mayor and City Clerk further certify that the persons named below are at the
date hereof the duly elected, qualified and acting incumbents of the respective offices of the Issuer set
out at the left of their respective names, and the signatures set out at the right of said names,
respectively, are the genuine signatures of said officers:
Title

Name

Specimen Signature

Mayor

Dennis Gerard

____________________________

City Clerk

Megan K. Smith

____________________________

We further certify that the seal affixed to this certificate is the corporate seal of the Issuer.
This Certificate is executed as of the date first written above.
.
CITY OF LECLAIRE, IOWA
By:_________________________________
Dennis Gerard, Mayor
(SEAL)

By:_________________________________
Megan K. Smith, City Clerk

[Execution Page for the Issuer’s Certificate]

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Resolution 26-160
A RESOLUTION APPROVING THE LIBRARY BOARD
APPOINTMENT OF MATTHEW HENTRICH FOR AN UNEXPIRED
TERM TO EXPIRE JUNE 2028
WHEREAS, the Board recommends the appointment of Matthew Hentrich for an unexpired
term to expire June 2028 to fill the unexpired term of Tom Kostichek; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of LeClaire, Iowa, that
the Library Board appointment of Matthew Hentrich is hereby approved. All resolutions or parts
of resolutions in conflict herewith are hereby repealed to the extent of such conflict.
PASSED AND APPROVED by the LECLAIRE CITY COUNCIL this 6th day of July 2026.
________________________________________
Megan K. Smith, City Clerk
Resolution Approved
Resolution Uncontested
Resolution Vetoed

Dennis Gerard, Mayor
July 6. 2026

Resolution 26-161
A RESOLUTION APPROVING THE TUGFEST FISHING COMPETITION’S
EXCLUSIVE USE OF THE NORTHERN SECTION OF THE RIVERFRONT
PARKING AREA & PAVILION FOR THE TUFGEST FISHING COMPETITION
TO BE HELD JULY 11, 2026
BE IT RESOLVED by the City Council of the City of LeClaire, Iowa, that the exclusive use of
the Northern Section of the Riverfront Parking Area & Pavilion for the Tugfest Fishing Competition
to be held July 11, 2026, is hereby approved. All resolutions or parts of resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
PASSED AND APPROVED by the LECLAIRE CITY COUNCIL this 6TH day of July 2026.
________________________________________
Megan K. Smith, City Clerk
Resolution Approved
Resolution Uncontested
Resolution Vetoed

Dennis Gerard, Mayor
July 6, 2026

5/27/26, 10:08 AM

Recreation Management Receipt

LeClaire Parks and Recreation, IA
325 Wisconsin Street
LeClaire, IA 52753
563-289-6056
[email protected]
https://www.leclaireiowa.gov/149/Parks-Recreation

Registration/Payment Receipt 101795826
03/02/2026 10:27 PM

Account Information

Payment

LeClaire Tug Fest
Kari Long
1015 Wisconsin St
LeClaire, IA 52753

Credit/Debit

$25.00

Ending in 3573
Merchant Code
2873ad6a-9cbf-4354-a2e0-87e1215a3e59

Amount
Paid

Item
Riverfront Rental, formerly the levee (WILL GO THROUGH EVENT PROCESS) North Jul
11, 2026 9:00 AM-5:00 PM - Rental (Non-Profit): $25/Multi-Day

$25.00

Subtotal

$25.00

Total Payment

$25.00

Prompt(s)
Type of Event (LeClaire Tug Fest) Fund Raiser, Other
Event Set-up Date and Time (LeClaire Tug Fest) 7/11/26
Event Take Down Date and Time (LeClaire Tug Fest) 7/11/26
Size of Event (Estimated Number of People on-site (LeClaire Tug Fest) 150
Fee to be charge? (If yes, amount) (LeClaire Tug Fest) fee to enter fishing tournament - no fee to
come to the event
Please list any emergency contacts for this event if different from contact person. (LeClaire Tug
Fest) Kari Long
Please list primary contact(s) for this event. (LeClaire Tug Fest) Kari Long - 563-349-0856
Will you be needing any additional property (Downtown Property, Streets, Sidewalks, Parks, Rec
Center, Levee Pavilion, etc.)? (LeClaire Tug Fest) No
Will alcohol be served at the event? If yes, contact Greg- [email protected]
IMMEDIATELY for alcohol specific steps. (LeClaire Tug Fest) No
Please list all affected streets that would require shutdown for your event. (LeClaire Tug
Fest) none
Will emergency personnel be needed (for example police officers)? If so, please list how many
will be needed. You may be required to pay officer overtime fees. (LeClaire Tug Fest) no
Primary Location of Your Event. If levee, please list which portions you will need. If not levee,
please list streets or specific description. north end of levee for truck and boat trailer parking and
boat ramps for launching fishing boats for 2nd Annual Tug Fest Catfish Tournament

https://secure.rec1.com/receipt/viewReceiptFramed/101795826

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5/27/26, 10:08 AM

Recreation Management Receipt

Facility Notes
Riverfront Rental, formerly the levee (WILL GO THROUGH EVENT PROCESS) North
Please direct any questions to [email protected]

Waiver(s)
Rental Waiver
In exchange for the City of LeClaire, Iowa allowing the undersigned party to enter onto and use the
parks, pavilions, fields, and/or recreation facilities located in LeClaire, Iowa (“Property”) for
recreational purposes or otherwise, the undersigned party herein agrees for themselves and all
others claiming by or through them, to the following:
1. I agree to observe and obey all posted rules and warnings, if any, and further agree to follow any
oral instructions or directions given by the City of LeClaire, Iowa, or any of their representatives,
agents or employees.
2. I recognize that there are certain inherent risks associated with entering onto and using the
facilities located at the Property and I assume full responsibility for any and all personal or bodily
injury, illness, including, but not limited to, any illness or complications associated with the COVID19 pandemic, property damage or theft, to myself and all others claiming by or through me, and
further release and discharge the City of LeClaire, Iowa, or any of their representatives, agents or
employee, for injury, illness, loss or damage arising out of the above-described access and use of
said facilities located at the Property, whether determined to be caused by the fault of myself and
all others claiming by or through me, the City of LeClaire, Iowa, or any of their representatives,
agents, employees or other third parties.
3. I agree to indemnify and defend the City of LeClaire, Iowa, or any of their representatives,
agents or employees against all claims, causes of action, damages, judgments, costs or expenses,
including attorney fees and other litigation costs, which may in any way arise from my or all others
claiming by or through me, or any other parties’ participation in the above-described access or use
of said facilities locates at said Property.
4. Any legal or equitable claim that may arise from participation, access or use in the above shall
be resolved under Iowa law. I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I
FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER
CERTAIN LEGAL RIGHTS.
Agreed to by LeClaire Tug Fest on behalf of LeClaire Tug Fest 03/02/2026 10:26 PM

https://secure.rec1.com/receipt/viewReceiptFramed/101795826

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