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Posted on: March 6, 2018

Notice to Bidders - 2018 Agency Street Widening Project - East End



NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City Clerk of the City of Burlington, Iowa, in the Council Chambers at City Hall, 400 Washington Street, Burlington, Iowa until 2:00 P.M. on the 3rd day of April, 2018, for the construction of the Agency Street Improvements, From US61 to Melrose Court, as described in the plans and specifications now on file in the office of the City Clerk of Burlington, Iowa. Proposals will be opened and the amount of the bids announced by the City Clerk at the time and date specified above.

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


Construct Agency Street Improvements, From US61 to Melrose Court at the location shown on the plans, including all labor, materials and equipment necessary for approximately 13,602 square yards of PCC pavement with integral curb and gutter, subgrade preparation, driveway pavement, 257 linear feet of storm sewer, PCC sidewalk, traffic signal improvements and miscellaneous associated work, including cleanup.

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

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

Each proposal shall be made out on a blank form furnished by the municipality and must  be accompanied by bid security in a sealed envelope by either (1) 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 5% of the bid, or (2) a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the penal sum of 5% of the bid.

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

By virtue of statutory authority, a 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.

The City Council reserves the right to reject any or all bids, to waive informalities or technicalities in any bid and to accept the bid which it deems to be to the best interest of the City.

The successful bidder will be required to furnish a bond in an amount equal to one    hundred (100) percent 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 as required by the specifications after its completion and acceptance by the City Council.

The City anticipates a Notice to Proceed will be issued within 14 to 21 days of award of contract for construction. The work on said project shall commence within ten (10) days of written Notice to Proceed and shall be substantially completed with pavement, storm   sewer, and structures completed and opened by November 3, 2018.

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 will be made to the Contractor based on monthly estimates in amounts equal to ninety-five (95) percent of the contract value of the work completed including materials  and equipment delivered to the job during the preceding calendar month, and will be    based upon an estimate prepared by the Contractor on the first day of the month, subject to the approval of the Engineer.

The Engineer will certify to the City for payment of each approved estimate on or before  the tenth (10th) day of the month. Such monthly payments shall in no way be construed as an act of acceptance for any part of the work partially or totally completed. The balance of the five (5) percent due the Contractor will be paid not earlier than thirty-one (31) days  from the date of final acceptance of said work by the City, subject to the conditions and in accordance with the provisions of Chapter 573 of the Code of Iowa.  No such partial or  final payment will be due until the Contractor has certified to the City Clerk 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.

Before final payment will be made, the Contractor shall file, in duplicate, with the Engineer an itemized statement showing the amount of Iowa Sales Tax, or Use Tax, and to whom paid on all materials which have become part of the finished work.

Liquidated damages in the amount of One Thousand Dollars ($1,000.00) per calendar day will be assessed for each day the project is not substantially completed after November 3, 2018 until the date the project is finished.

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

Plans and specifications governing the construction of the proposed improvements, and   also the prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice and the proposed contract by reference and the proposed contract shall be executed in compliance therewith, with due allowance  for extensions of the contract period due to conditions beyond the control of the Contractor.

Contract Documents:   Drawings and specifications governing the construction of the   proposed improvements have been prepared by Veenstra & Kimm, Inc., 1800 5th Avenue,  Rock Island, Illinois 61201. The Contract Documents may be examined at the office of the City Clerk and may be obtained from the City's website at the following address:


A non-mandatory pre-bid meeting will be held on the 20th day of March, 2018, at 10:00 a.m. at the City Hall Council Chambers, 400 Washington Street, Burlington, Iowa 52601.

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

Shane McCampbell, Mayor


Jim Ferneau, City Manager

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