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HomeMy WebLinkAboutPARKING GARAGES MAINTENANCE & REPAIR PROJECT 2024PARKING GARAGE MAINTENANCE & REPAIR PROJECT 2024 2023-Dec-22 Plans, specs, project manual, Engineer's estimate 2024-Jan-02 Res No. 24-06: Setting public hearing 2024-Jan-08 Notice of public hearing 2024-Jan-16 Res No. 24-21: Approving project manual & estimate of cost 2024-Jan-18 Notice to bidders 2024-Feb-20 Res No. 24-41: Awarding contract for construction 2024-Mar-27 Agreement 2024-Mar-27 Performance, payment, & maintenance bond 2025-Oct-28 Engineer's report 2025-Nov-03 Res No. 25-257: Accepting the work CITY OF IOWA CITY UNESCO CITY OF LITERATURE PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION PROJECT MANUAL FOR THE FORMAL 2024 PARKING GARAGES MAINTENANCE AND REPAIR PROJECT w IOWA CITY, IOWA ry _ ry DECEMBER 11, 2023 000105 CERTIFICATIONS PAGE I hereby certify that this engineering document was prepared by me or ` ``��\\\IIIIII1111//�777i / oFESSIQ/v /i� ��� ii��i' under my direct personal supervision and that I am a duly licensed `QQ� • . Professional Engineer under the I ws of the State of Iowa. L2 Signature: - Date: 12-11-2023 V ANTONY J. rm = _ ALTENHOFEN rn = Name: Tony J. Altenhofen, P.E. �. 23470 ; Iowa License Number: 23470 �-Z • • • • My license renewal date is December 31, 2023 Pages, Sheets, or Divisions covered by this seal: All /xi���� *% ' ' 'A*• ``������` �7777 / I / I ►OI 1 1111 \ \ \���` 2024 Parking Garages Maintenance and Repair Project 00 01 05 — Page 1 of 1 0001 10 TABLE OF CONTENTS PROJECT MANUAL 0001 05 CERTIFICATIONS PAGE 0001 10 TABLE OF CONTENTS 00 11 60 NOTICE TO BIDDERS 0011 70 NOTICE OF PUBLIC HEARING 0021 10 INSTRUCTIONS TO BIDDERS 0042 10 PROPOSAL 00 43 05 BIDDER STATUS FORM 0043 10 BID BOND FORM 0045 10 CONTRACT COMPLIANCE 00 45 20 WAGE THEFT POLICY 0052 10 AGREEMENT 0061 10 PERFORMANCE, PAYMENT, AND MAINTENANCE BOND 00 72 00 GENERAL CONDITIONS 00 73 00 SUPPLEMENTARY CONDITIONS DIVISION 03 CONCRETE 0301 00 CONCRETE RESTORATION AND CLEANING 03 64 23 EPDXY INJECTION GROUTING c-� DIVISION 05 METALS 05 50 00 METAL FABRICATIONS - DIVISION 07 THERMAL AND MOISTURE PROTECTION c� 07 1200 ELASTOMERIC TRAFFIC BEARING MEMBRANE SYSTEM 07 92 00 JOINT SEALANTS 2024 Parking Garages Maintenance and Repair 00 01 10 — Page 1 of 2 DIVISION 09 FINISHES 09 90 00 PAINTING AND COATING 2024 Parking Garages Maintenance and Repair 00 01 10 — Page 2 of 2 0011 60 NOTICE TO BIDDERS 2024 PARKING GARAGES MAINTENANCE AND REPAIR PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 3:00 P.M. on the 81h day of February 2024. Sealed proposals will be opened immediately thereafter. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 6:00 P.M. on the 20th day of February 2024 or at special meeting called for that purpose. The Project will involve the following: sealant replacement, concrete repairs, FRP wrap, weld tie repairs, painting, membrane replacement, steel stair improvements, and other miscellaneous repairs at the Capitol Street Parking Ramp. All work is to be done in strict compliance with the Project Manual prepared by Shive-Hattery, Inc. of Iowa City, Iowa, which has heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be submitted in a sealed envelope. In addition, a separate sealed envelope shall be submitted containing a completed Bidder Status Form and a bid security executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City (in the form shown in Section 00 61 10) ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. The City shall retain the bid security furnished by the successful bidder until the approved contract has been executed, the required Performance, Payment, and Maintenance Bond (as shown in Section 00 61 10) has been filed by the bidder guaranteeing the performance of the contract, and the contract and security have been approved by the City. The City shall promptly return the checks or bidder's bonds of unsuccessful bidders to the bidders as soon as the successful bidder is determined or within thirty days, whichever is sooner. The successful bidder will be required to furnish a Performance, Payment, and Maintenance Bond in an amount equal to one hundred percent (100%) of the contract price and in the form shown in Section 00 61 10, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) years from and after its completion and formal acceptance by the City Council. rri r� rti N 'q7 2024 Parking Garages Maintenance and Repair Project 00 11 60 — Page 1 of 2 The following limitations shall apply to this Project: Specified Start Date: May 20, 2024 Substantial Completion Date: July 22, 2024 Final Completion Date: August 21, 2024 Liquidated Damages: $250.00 per day All of the bid items listed in Section 00 42 10 — Proposal shall be completed by the Substantial Completion Date. The Project Manual may be examined at the office of the City Clerk. Copies thereof and blank forms may be secured at the office of Technographic, a division of Rapids Reproductions located at 415 Highland Ave, Suite 100, Iowa City, Iowa 52240, Phone: (319) 354-5950, Fax: (319) 354- 8973, Toll -Free: (800) 779-0093. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Inspections and Appeals at (515) 281-5796 and the Iowa Department of Transportation Contracts Office at (515) 239-1422. Bidders shall list on the Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall list on the Contract its subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must 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 Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Posted upon order of the City Council of Iowa City, Iowa. KELLIE GRACE, CITY CLERK 2024 Parking Garages Maintenance and Repair Project 00 11 60 — Page 2 of 2 0011 70 NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING ON PROJECT MANUAL AND ESTIMATED COST FOR THE 2024 PARKING GARAGES MAINTENANCE AND REPAIRS PROJECT IN THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a public hearing on the Project Manual, including the plans, specifications, contract, and estimated cost for the construction of the 2024 Parking Garages Maintenance and Repair Project in said city at 6:00 p.m. on the 1611 day of January, 2024, said meeting to be held in the Emma J. Harvat Hall in the City Hall, 410 East Washington Street in said city, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. This project includes sealant replacement, concrete repairs, membrane replacement, steel stair improvements, and other miscellaneous repairs and is located at 220 South Capitol Street, Iowa City, Iowa 52240. Said Project Manual and estimated cost are now on file in the office of the City Clerk in the City Hall in Iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said Project Manual or the cost of making said improvement. This notice is given by order of the City Council of the City of Iowa City, Iowa and as provided by law. y Kellie K. Grace, City Clerk 2024 Parking Garages Maintenance and Repair Project 00 11 70 — Page 1 of 1 0021 10 INSTRUCTIONS TO BIDDERS 2024 PARKING GARAGES MAINTENANCE AND REPAIR PRO.i,CT ARTICLE 1 - DEFINITIONS 1.1 Bidding documents include the bidding requirements and the contract documents. The bidding requirements include the Advertisement or Invitation to bid (Section..00 11 60 Notice to Bidders), Instructions to Bidders, the Bid Form (Section 00 42 10 Proposal), other sample bidding and contract forms, and the Contract Forms including addenda issued prior to receipt of bids. 1.2 The contract documents for the work consist of the Owner/Contractor Agreement (Section 00 52 10 Agreement), the Conditions of the Contract (Section 00 72 00 General Conditions and Section 00 73 00 Supplementary Conditions), the Drawings, the Specifications and all addenda issued prior to and all modifications issued after execution of the Contract. 1.3 Definitions set forth in AIA document A201, "General Conditions of the Contract for Construction", 2007 edition, or in other Contract Documents are applicable to the bidding documents. A. Addenda are written or graphic instruments issued by the Architect prior to execution of the Contract which modify or interpret the Bidding Documents by addition, deflection, clarifications or correction. B. A bid is a complete and properly signed proposal to do the work or designated portion thereof for the sums stipulated therein, submitted in accordance with the bidding documents. C. The base bid is the sum stated in the bid for which the Bidder offers to perform the work described in the bidding documents as the Base, to which work may be added, or from which work may be deducted for sums stated in alternate bids. D. An alternate bid (or Alternate) is an amount stated in the bid to be added to or deducted from the amount of the base bid if the corresponding change in the work, as described in bidding documents, is accepted. E. A unit price is an amount stated in the bid as a price per unit of measurement for materials or services as described in the bidding documents or in the contract documents. F. A bidder is a person or entity who submits a bid. G. A sub -bidder is a person or entity who submits a bid to a bidder for materials, equipment or labor for a portion of the work. ARTICLE 2 — BIDDER'S REPRESENTATIONS 2.1 The bidder by making a bid represents that the bidder has read and understands the bidding documents, and the bid is made in accordance with those documents. 2024 Parking Garages Maintenance and Repair Project 00 21 10 — Page 1 of 8 2.2 The Bidder has read and understands the bidding documents or contract documents, to the extent that such documentation relates to the work for which the bid is submitted. 2.3 The bidder has visited the site, has become familiar with local conditions under which the work is to be performed, and has correlated the bidder's personal observations with the requirements of the contract documents. 2.4 The bid is based upon the materials, equipment and systems required by the bidding documents without exception. J ARTICLE 3 — BIDDING DOCUMENTS 3.1 Copies A. Complete sets of the bidding documents may be obtained from the office of Technigraphics, a division of Rapids Reproductions located at 415 Highland Ave, Suite 100, Iowa City, Iowa 52240, Phone: (319) 354-5950, Fax: (319) 354- 8973, Toll -Free: (800) 779-0093. B. Bidders shall use complete sets of bidding documents in preparing bids. Neither the Owner nor the Architect assumes responsibility for errors or misinterpretations resulting from the use of incomplete sets of bidding documents. No partial sets will be issued. C. In making copies of the bidding documents available on the above terms, the Owner and the Architect do so only for the purpose of obtaining bids for the work, and do nor confer license or grant permission for any other use of the bidding documents. D. Copies of the reports and drawings that are not included with the bidding documents may be examined at Engineering Division at City Hall, Iowa City, Iowa during regular business hours, or may be obtained from the Owner at Owner's reproduction cost, plus handling charge. These reports and drawings are not part of the contract documents, but the "technical data" contained therein upon which the bidder may rely as identified and established above, are incorporated therein by reference 3.2 Interpretation or Correction of Bidding Documents A. The bidder shall carefully study and compare the bidding documents with each other, and with other work being bid concurrently or presently under construction to the extent that it relates to the work for which the bid is being submitted, shall examine the site and local conditions, and shall at once report to the Architect errors, inconsistencies or ambiguities discovered. B. Bidders and sub -bidders requiring clarification or interpretation of the bidding documents shall make a written request which shall reach the Architect at least nine days prior to the date for receipt of bids. C. Interpretations, corrections and changes of the bidding documents will be made by addendum. Interpretations, corrections and changes to the bidding documents made in any other manner will not be binding, and bidders shall not rely upon them. 2024 Parking Garages Maintenance and Repair Project 00 21 10 — Page 2 of 8 3.3 Substitutions A. The materials, products and equipment described in the bidding documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution. Substitutions must be submitted to the Owner and Architect in writing. B. If the Architect approves a proposed substitution prior to receipt of bids, such approval will be set forth in an addendum. Bidders shall not rely upon approvals made in any other manner. 3.4 Addenda A. Addenda will be mailed or delivered to all who are known by the Architect to have a complete set of bidding documents. B. Copies of addenda will be made available for inspection wherever bidding documents are on file for that purpose. C. No addenda will be issued later than four (4) days prior to the date for receipt of bids, except for any one or more of the following reasons: 1. An addendum withdrawing the request for bids. 2. An addendum which includes postponement of the date for receipt of bids. 3. An addendum issued after receipt of bids and prior to execution of the contract. D. Each bidder shall ascertain prior to submitting a bid that he has received all addenda issued, and the bidder shall acknowledge their receipt in the proper location on the bid form. rri ARTICLE 4 — BIDDING PROCEDURES ru 4.1 Form and Style of Bids A. A separate copy of the bid form is contained with this document. B. Fill in all blanks on the bid form by typewriter or manually in ink. C. Where so indicated by the makeup of the bid form, sums shall be expressed in both words and numerals, and in case of discrepancy between the two, the amount written in words will govern. D. Interlineations, alterations or erasures shall be initialed by the signer of the bid. E. All requested alternates shall be bid. If no change in the base bid is required, enter "No Change". F. Where two or more bids for designated portions of the work have been requested, the bidder may, without forfeiture of the bid security, state the bidder's refusal to accept award of less than the combination of bids stipulated by the bidder. The bidder shall make no additional stipulation on the bid form, nor qualify the bid in any other manner. G. Each copy of the bid shall include the legal name of the bidder and a statement that the bidder is a sole proprietor, a partnership, a corporation or some other legal 2024 Parking Garages Maintenance and Repair Project 00 21 10 — Page 3 of 8 entity. Each copy shall be signed by the person or persons legally authorized to bind the bidder to a contract. A bid by a corporation shall further give the state of incorporation and have the corporate seal affixed. A bid submitted by an agent shall have a current power of attorney attached certifying the agent's authority to bind the bidder. H. No bid may be withdrawn for a period of 30 calendar days after the date of opening. 4.2 Bid Security A. Each bid shall be accompanied by a bid security in the amount of ten percent (10%) of the base bid and in the form of surety bond pledging that the bidder will enter into a contract with the Owner on the items stated in his bid and will, if requested, furnish bonds covering the faithful performance of the contract and the payment of all obligations arising there under. Should the bidder refuse to enter into such contract or fail to furnish such bond if required, the amount of the bid security shall be forfeited to the Owner as liquidated damages, not as a penalty. B. Surety bond shall be written on enclosed Bid Bond Form (Section 00 43 10) bound within the project manual and the attorney -in -fact who executes the bond on behalf of the surety shall affix to the bond a certified and current copy of power of attorney. C. The Owner will have the right to retain the bid security of bidders to whom an award is being considered until either: 1. The contract has been executed and bonds have been furnished. 2. The specified time has elapsed so that the bids may be withdrawn. 3. All bids have been rejected. 4.3 Bidder Status Form A. Bidder Status Form (Section 00 43 05) shall be submitted with the bid, in a separate envelope. 4.4 Submission of Bids A. All copies of the bid, the bid security and other documents required to be submitted with the bid shall be enclosed in sealed opaque envelopes. All envelopes shall be addressed to the party receiving the bids ("City Clerk, City of Iowa City"), and shall be identified with the project name, the bidder's name and address, and the envelope's contents. If the bid is sent by mail, the sealed envelopes shall be enclosed in a separate mailing envelope with the notation "SEALED BID ENCLOSED" on the face of that envelope. B. Submittals include two separate sealed envelopes: Envelope 1: Bid Security and Bidder Status Form n.� Envelope 2: Proposal C. Bids shall be deposited at the designated location prior to the time and date for receipt of bids. 1. Location: Office of City Clerk, City Hall 410 East Washington Street 2024 Parking Garages Maintenance and Repair Project 00 21 10 — Page 4 of 8 Iowa City, Iowa 52240 2. Time and Date BEFORE: 3:00 P.M. on February 8, 2024 D. Bids received after the time and date for receipt of bids will be returned unopened. E. The bidder shall assume full responsibility for timely delivery at. the location designated for receipt of bids. F. Oral, telephonic, or telegraphic bids are invalid and will not receive consideration. 4.5 Modification or Withdrawal of Bid A. A bid may not be modified, withdrawn or cancelled by the bidder after the stipulated time and date designated for the receipt of bids, and each bidder so agrees in submitting its bid. B. Prior to the time and date designated for receipt of bids, a bid submitted may be modified or withdrawn by notice to the party receiving bids at the place designated for receipt of bids. Such notice shall be in writing, signed by the person or persons legally authorized to bind the bidder to a contract. If written notice is electronic, written confirmation from the person or persons legally authorized to bind the bidder to a contract shall also be mailed and postmarked on or before the date and time set for receipt of bids, and it shall be so worded as not to reveal the amount of the original bid. C. Withdrawn bids may be resubmitted up to the time designated for the receipt of bids provided that they are then fully in conformance with these Instructions to Bidders. D. Bid security shall be in an amount sufficient for the bid as modified or resubmitted. ARTICLE 5 — CONSIDERATION OF BIDS 5.1 Opening of Bids A. The properly identified bids received on time will be opened publicly and will be read aloud. 5.2 Rejection of Bids A. The Owner will have the right to reject any or all bids, and to reject a bid not accompanied by the required bid security or by another data required by the bidding documents, or to reject a bid which is in any way incomplete or irregular. 5.3 Acceptance of Bid (Award) A. It is the intent of the Owner to award a contract to the lowest responsive responsible bidder provided the bid has been submitted in accordance with the requirements of the bidding documents, and does not exceed the funds available. The Owner will have the right to waive informalities or irregularities in a bid received, and to accept the bid which, in his judgment, is in his own best interest. B. The Owner will have the right to accept bid alternates in any order or combination, and to determine the low bidder on the basis of the sum of the base bid and the accepted alternates. 2024 Parking Garages Maintenance and Repair Project 00 21 10 — Page 5 of 8 ARTICLE 6 — POST -BID INFORMATION 6.1 Submittals A. The names of those persons, firms, companies or other parties with whom the bidder intends to enter into a major subcontract, together with the type of subcontracted work and approximate dollar amount of the subcontract will be submitted within 24 hours of bid opening by the apparent lowest responsive, responsible bidder. B. The bidder shall, within seven (7) days of notification of selection for the award of a contract for the work, submit the following information to the Architect: 1. A designation of the work to be performed by the bidder with the bidder's own forces. 2. The proprietary names and the suppliers or principal items or system of materials and equipment proposed for the project. C. The bidder will be required to establish to the satisfaction of the Architect and the Owner the reliability and responsibility of the persons or entities proposed to furnish and perform the work described in the bidding documents. D. Prior to the award of the contract, the Architect will notify the bidder in writing if either the Owner or Architect, after due investigation, has reasonable objection to any such proposed person or entity. If the Owner or the Architect has reasonable objection to such proposed person or entity, the bidder may, at the bidder's option: 1. Withdraw the bid. 2. Submit an acceptable substitute person or entity with an adjustment in the bid price to cover the difference in cost occasioned by such substitution. E. The Owner may accept the adjusted bid price or may disqualify the bidder. In the event of either withdrawal or disqualification, bid security will not be forfeited. F. For all contracts of $25,000 or more, the successful bidder shall abide by the requirements of the City's Contract Compliance Program, as described in the Section 00 45 10. G. For all contracts of $25,000 or more, the successful bidder shall abide by the requirements of the City's Wage Theft Policy, as described in Section 00 45 20. H. The successful bidder and all of its subcontractors are required to submit at least four (4) days prior to award three (3) references involving similar projects, including at least one municipal reference. Award of the bid or use of specific subcontractors may be denied if sufficient favorable references are not verified or based on past experience on projects with the City of Iowa City. References shall be addressed to the City Engineer and include the name, address and phone number of the contact person, for City verification. The Contractor must demonstrate an active subscription to Doc Express (program by Info Tech, Inc.) is maintained. Doc Express will be used to process documentation, including, but not limited to, contract documents, change orders, shop drawings, certificates, equipment lists, progress payments, and other electronic submittals. 2024 Parking Garages Maintenance and Repair Project 00 21 10 — Page 6 of 8 J. Record documentation is required on all projects. Liquidated damages will be considered if adequate record documentation is not submitted by the Final Completion Date. 1. Contractor shall submit Record Documents including: a. Store Record Document separately and do not use Record Documents in the field for construction purposes. b. Protect Record Documents from deterioration and loss in a secure, fire -resistance location. C. Provide access to Record Documents for the reference of the Engineer, or their designee, during normal working hours. d. Record information concurrent with approved schedule, not less than weekly. 2. Furnish a complete set of Plans to be utilized by Contractor and all Subcontractors for recording all changes from the Contract Documents. a. Mark the Plans to show the actual installation where the installation varies from the Contract Documents, including, but not limited to: c i. Northing, easting, and elevations. All submitted spatial data -- - will meet the State of Iowa Minimum Standards for Land c Surveying using the Iowa State Plane South coordinate system — NAD83 and units in US Foot. c\s C`} ii. RTK Survey -Grade GPS Technology will be utilized. Q.3 ca iii. Horizontal and vertical accuracy will be within two © centimeters. 3. Mark which drawing is most capable of showing conditions fully and accurately. 4. Where Shop Drawings are used, record a cross-reference at the corresponding location on the Plans. a. Give particular attention to concealed elements that would be difficult to measure and record at a later date. 5. Mark record sets legibly in red. a. Use other colors to distinguish between variations in separate categories of the Work. 6. Mark new information that is important to the Engineer but was not shown on Plans or Shop Drawings. 7. Note related Change Order numbers where applicable. 8. Organize Record Documents into manageable sets. a. Bind sets with durable paper cover sheets; print suitable titles, dates, and other identification on the cover of each set. 2024 Parking Garages Maintenance and Repair Project 00 21 10 — Page 7 of 8 9. Give particular attention to substitutions and selection of options and information on concealed construction that cannot otherwise be readily discerned later by direct observation. 10. Identify and date each Record Document; include designation "PROJECT RECORD DOCUMENT" in a prominent location. 11. Upon completion of the Work, submit Record Documents to the Architect and Engineer. ARTICLE 7 — PERFORMANCE BOND AND LABOR & MATERIAL PAYMENT BOND 7.1 Bond Requirements A. The bidder shall furnish bonds covering the faithful performance of contract and the payment of all obligations arising there under. Bonds may be secured through the bidder's usual sources. The cost of furnishing such bonds shall be included in the bid. B. If the Owner requires that bonds be obtained from other than the bidder's usual source, all change in cost will be adjusted as provided in contract documents. 7.2 The Time of Delivery and Form of Bonds A. The bidder shall deliver the required bonds to the Owner not later than three (3) days following the date of execution of the contract. If the work is to be commenced prior thereto in response to a letter of intent, the bidder shall, prior to commencement of the work, submit evidence satisfactory to the Owner that such bonds will be furnished and delivered. B. The bonds shall be written on the "Performance, Payment and Maintenance Bond" form bound within the project manual, or a copy thereof. Both bonds shall be written in the amount of the contract sum. C. The bonds shall be dated on or after the date of the contract. D. The bidder shall require the attorney -in -fact who executes the required bonds on behalf of the surety to affix a current and certified copy of power of attorney. ARTICLE 8 — PRE -BID CONFERENCE 8.1 Conference A. There is a recommended pre -bid meeting. This will start at 1:00 p.m. [dal time on January 22, 2024 at City Hall Engineering Conference Room (3Id Floor located at rn 410 East Washington Street, Iowa City, Iowa. 8.2 Parking N A. Parking available in Chauncey Swan Parking Ramp. -v 2024 Parking Garages Maintenance and Repair Project 00 21 10 — Page 8 of 8 004210 PROPOSAL 2024 PARKING GARAGES MAINTENANCE AND REPAIR PROJECT CITY OF IOWA CITY BIDDERS PLEASE NOTE: 1. PLEASE DO NOT USE THE FORM OF PROPOSAL INCLUDED IN THE BOUND VOLUME OF THE PROJECT MANUAL. SEPARATE COPIES OF THIS PROPOSAL ARE CONTAINED WITH THIS DOCUMENT. Name of Bidder: Address of Bidder: BIDS RECEIVED BEFORE: 3:00 PM local time on February 8, 2024 TO: City Clerk City of Iowa City City Hall 410 East Washington Street Iowa City, Iowa 52240 In response to your request for bids, and in compliance with the Procurement and Contracting Requirements, the undersigned proposes to furnish all labor, tools, materials, equipment, transportation, deliveries, services, taxes, insurance, supervision, coordination, and all related incidentals necessary to perform the work to complete 2024 PARKING GARAGES MAINTENANCE AND REPAIR PROJECT strict accordance with the Project Manual and the Drawings dated December 11, 2023, including Addenda numbered , and , inclusive, prepared by Shive-Hattery and to do all work at the prices set forth herein. We further propose to do all "Extra Work" which may be required to complete the work contemplat- ed, at unit prices or lump sums to be agreed upon in writing prior to starting such work. BASE BID: Dollars ($ r�a r10 2024 Parking Garages Maintenance and Repair Project 00 42 10 — Page 1 of 4 BID ESTIMATED UNIT EXTENDED ITEM DESCRIPTION UNITS QUANTITY PRICE AMOUNT 1 Horizontal spill repair SF 95 2 Epoxy injection LF 4 3 FRP stem wrap LF 60 4 Flashing replacement LF 74 5 Joint sealant with membrane LF 7,639 6 Drip edge with sealant LF 312 7 Vertical/overhead spall repair SF 192 8 Weld tie repair with sealant & membrane EA 322 9 New membrane SF 12,214 10 Remove membrane SF 11,800 11 Epoxy filler with membrane SF 109 12 Expansion joint nosing repair LF 18 13 Painting SF 599 14 Steel angle replacement LF 61 15 Stair pan replacement EA 5 16 Remove loose concrete SF 56 TOTAL EXTENDED AMOUNT = $ 2024 Parking Garages Maintenance and Repair Project 00 42 10 — Page 2 of 4 The names of those persons, firms, companies or other parties with whom we intend to enter into a subcontract, together with the type of subcontracted work and approximate dollar amount of the subcontract, are as follows: NOTE: All subcontractors are subject to approval by City of Iowa City. The undersigned bidder certifies that this proposal is made in good faith, and 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 Contract Documents and agrees that, in the event of any discrepancies or differences between any conditions of this proposal and the Contract Documents prepared by the City of Iowa City, the more specific shall prevail. In submitting this Proposal, the undersigned agrees that the Bid will not be withdrawn for a period of thirty (30) consecutive calendar days following the date of the Bid Opening. Further, that if a Notice to Proceed or a prepared Agreement provided by the Owner is received at the business address identified below within the thirty (30) day period, the undersigned will, within ten (10) days of receipt, acknowledge acceptance of the contract award. The undersigned will then execute and deliver to the Owner address the Agreement, the Procurement, Labor and Material Payment Bonds, and the certificates of insurance, and will proceed in accordance with requirements of the Contract Documents for this project, and have the Project at Substantial Completion on or before July 22, 2024 and Final Completion of August 21, 2024. 2024 Parking Garages Maintenance and Repair Project 00 42 10 — Page 3 of 4 Firm's Name Bidder's Name Signature Printed Name Title Street Address City, State, Zip Code Telephone Number NOTE: The signature on this proposal must be an original signature in ink; copies, facsimiles, or electronic signatures will not be accepted. 2024 Parking Garages Maintenance and Repair Project 00 42 10 — Page 4 of 4 00 43 05 BIDDER STATUS FORM All bidders must submit the following completed form to the governmental body requesting bids per 875 Iowa Administrative Code Chapter 156. To be completed by all bidders Part A ❑ Yes ❑ No My company is authorized to transact business in Iowa. (To help you determine if your company is authorized, please review the Worksheet: Authorization to Transact Business). ❑ Yes ❑ No My company has an office to transact business in Iowa. ❑ Yes ❑ No My company's office in Iowa is suitable for more than receiving mail, telephone calls, and e-mail. ❑ Yes ❑ No My company has been conducting business in Iowa for at least 3 years prior to the first request for bids on this project. ❑ Yes ❑ No 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. If you answered "Yes" for each question above, your company qualifies as a resident bidder. Please complete Parts B and D of this form. If you answered "No" to one or more questions above, your company is a non-resident bidder. Please complete Parts C and D of this form. To be completed by resident bidders Part B Dates: to Address: (mm/dd/yyyy) Dates: to (mm/dd/yyyy) Dates: to (mm/dd/yyyy) You may attach additional sheet(s) if needed. City, State, Zip Code: Address: City, State, Zip Code: Address: City, State, Zip Code: To be completed by non-resident bidders Part C 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 preference to bidders who are residents? ❑ 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. �•a W }...t = i 1 You may attach additional sheet(s) if needed. To be completed by all bidders Part D I certify that the statements made on this document are true and complete to the best of my knowledge andj know that my failure to provide accurate and truthful information may be a reason to reject my bid. :. ? Firm Name: Signature: Date: 2024 Parking Garages Maintenance and Repair Project 00 43 05 — Page 1 of 2 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 required by the Secretary of State, has filed its most recent biennial report, and has not filed articles of dissolution. ❑ Yes ❑ No My business is a corporation whose articles of incorporation are filed in a state other than Iowa, the corporation has received a certificate of authority from the Iowa Secretary of State, has filed its most recent biennial report with the Secretary of State, and has neither received a certificate of withdrawal from the Secretary of state nor had its authority revoked. ❑ Yes ❑ No My business is a limited liability partnership which has filed a statement of qualification in this state and the statement has not been canceled. ❑ Yes ❑ No My business is a limited liability partnership which has filed a statement of qualification in a state other than Iowa, has filed a statement of foreign qualification in Iowa and a statement of cancellation has not been filed. ❑ Yes ❑ No My business is a limited partnership or limited liability limited partnership which has filed a certificate of limited partnership in this state, and has not filed a statement of termination. ❑ Yes ❑ No My business is a limited partnership or a limited liability limited partnership whose certificate of limited partnership is filed in a state other than Iowa, the limited partnership or limited liability limited partnership has received notification from the Iowa Secretary of state that the application for certificate of authority has been approved and no notice of cancellation has been filed by the limited partnership or the limited liability limited partnership. ❑ Yes ❑ No My business is a limited liability company whose certificate of organization is filed in Iowa and has not filed a statement of termination. ❑ Yes ❑ No My business is a limited liability company whose certificate of organization is filed in a state other than Iowa, has received a certificate of authority to transact business in Iowa :Gmd the certificate has not been revoked or canceled. M ...� coo 2024 Parking Garages Maintenance and Repair Project 00 43 05 — Page 2 of 2 004310 BID BOND FORM 2024 PARKING GARAGES MAINTENANCE AND REPAIRR94f-CT« CITY OF IOWA CITY as Principal, and as Surety declare that we are held and are firmly bound unto the City of ,lower: Cityuowa, hereinafter called "OWNER," in the amount of to pay said sum as herein provided. We as Principal and Surety further promise anddeclare that these obligations shall bind our heirs, executors, administrators, and successor,. jointly and severally. This obligation is conditioned on the Principal submission of the accompanying bid, dated for {Template - Insert Project Name} Project. NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified, and the Principal shall then furnish a security for the Principal's faithful performance of said Project, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Project, as agreed to by the City's acceptance of said Bid, then this obligation shall be void. Otherwise this obligation shall remain in full force and effect, provided that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the amount of the obligation stated herein. By virtue of statutory authority, the full amount of this bid security shall be forfeited to the Owner in the event that the Principal fails to execute the contract and provide the security, as provided in the Project Manual or as required by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its security shall in no way be impaired or affected by any extension of the time within which the Owner may accept such Bid or may execute such contract documents, and said Surety does hereby waive notice of any such time extension. The Principal and the Surety hereto execute this bid security this day of , A.D., 20 Witness Witness Principal Surety By: (Attorney -in -fact) Attach Power -of -Attorney, if applicable (Seal) (Title) (Seal) 2024 Parking Garages Maintenance and Repair Project 00 43 10 — Page 1 of 1 a 00 45 10 CONTRACT COMPLIANCE - SECTION I - GENERAL POLICY STATEMENT T , 4! pry Y � 1 It is the policy of the City of Iowa City to require equal employment opportunity jh alltity cgn'j'eact work. This policy prohibits discrimination by the City's contractors, consultants and Vendors and requires them to ensure that applicants seeking employment with them and their en%ployees are treated equally without regard to age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex, or sexual orientation. It is the City's intention to assist employers, who are City contractors, vendors or consultants, in designing and implementing equal employment opportunity so that all citizens will be afforded equal accessibility and opportunity to gain and maintain employment. PROVISIONS: All contractors, vendors, and consultants requesting to do business with the City must submit an Equal Opportunity Policy Statement before the execution of the contract. 2. All City contractors, vendors, and consultants with contracts of $25,000 or more (or less if required by another governmental agency) must abide by the requirements of the City's Contract Compliance Program. Emergency contracts may be exempt from this provision at the discretion of the City. Regardless of the value of the contract, all contractors, vendors, and consultants are subject to the City's Human Rights Ordinance, which is codified at Article 2 of the City Code. 3. Contracting departments are responsible for assuring that City contractors, vendors, and consultants are made aware of the City's Contract Compliance Program reporting responsibilities and receive the appropriate reporting forms. A notification of requirements will be included in any request for proposal and notice of bids. 4. Prior to execution of the contract, the completed and signed Assurance of Compliance (located on 00 45 10 — Pages 2 and 3) or other required material must be received and approved by the City. 5. Contracting departments are responsible for answering questions about contractor, consultant and vendor compliance during the course of the contract with the City. 6. All contractors, vendors, and consultants must refrain from the use of any signs or designations which are sexist in nature, such as those which state "Men Working" or "Flagman Ahead," and instead use gender neutral signs. 7. All contractors, vendors, and consultants must assure that their subcontractors abide by the City's Human Rights Ordinance. The City's protected classes are listed at Iowa City Citv Code Section 2-3-1. 2024 Parking Garages Maintenance and Repair Project 00 45 10 — Page 1 of 6 SECTION II - ASSURANCE OF COMPLIANCE The following sets forth the minimum requirements of a satisfactory Equal Employment Opportunity Program which will be reviewed for acceptability. PLEASE RETURN PAGES 2 THROUGH 3 OF THIS SECTION TO THE CONTRACTING DEPARTMENT PRIOR TO THE EXECUTION OF THE CONTRACT. With respect to the performance of this contract, the contractor, consultant or vendor agrees as follows: (For the purposes of these minimum requirements, "contractor" shall include consultants and vendors.) The contractor will not discriminate against any employee or applicant for employment and will take affirmative efforts to ensure applicants and employees are treated during employment without regard to their age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex, or sexual orientation. Such efforts shall include, but not be limited to the following: employment, promotion, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that it is an equal opportunity employer. Note: Contracts that are federally funded are subject to Executive Order No. 11246, as amended, and the regulations (see generally 29 U.S.C. § 1608 et seq.) and relevant orders of the U.S. Secretary of Labor. The Secretary of Labor, and not the City, enforces said regulations and orders. 3. Provide a copy of your written Equal Employment Opportunity policy statement. Where is this statement posted? 4. What is the name, telephone number and address of your business' Equal Employment Opportunity Officer? (Please print) Phone Number Street Address 071 .- N) ... N) f City, State, Zip Cod,@ rrr 2024 Parking Garages Maintenance and Repair Project 00 45 10 — Page 2 of 6 5. The undersigned agrees to display, in conspicuous places at the work site, all posters required by federal and state law for the duration of the contract. NOTE: The City can provide assistance in obtaining the necessary posters. 6. How does your business currently inform applicants, employees, and recruitment sources (including unions) that you are an Equal Employment Opportunity employer? The above responses are true and correctly reflect our Equal Employment Opportunity policies. Business Name Phone Number Signature Print Name Title Date w 177 ErJ N 2024 Parking Garages Maintenance and Repair Project 00 45 10 — Page 3 of 6 SECTION III - SUGGESTED STEPS TO ASSURE EQUAL EMPLOYMENT OPPORTUNITIES COMPANY POLICY Determine your company's policy regarding equal employment opportunities-7Documnt the policy and post it in a conspicuous place so that it is known to all, yourr,@,mploy es. Furthermore, disseminate the policy to all potential sources of employees �Md to your subcontractors asking their cooperation. The policy statement should reciagnize :arid accept your responsibility to provide equal employment opportunity in all your Employment practices. In regard to dissemination of this policy, this can be done, for examp�"le, through the use of letters to all recruitment sources and subcontractors, person* contacts, employee meetings, web page postings, employee handbooks, and advertising. 2. EQUAL EMPLOYMENT OPPORTUNITY OFFICER Designate an equal employment opportunity officer or, at minimum, assign someone the responsibility of administering and promoting your company's Equal Employment Opportunity program. This person should have a position in your organization which emphasizes the importance of the program. 3. INSTRUCT STAFF Your staff should be aware of and be required to abide by your Equal Employment Opportunity program. All employees authorized to hire, supervise, promote, or discharge employees or are involved in such actions should be trained and required to comply with your policy and the current equal employment opportunity laws. 4. RECRUITMENT (a) Let potential employees know you are an equal opportunity employer. This can be done by identifying yourself on all recruitment advertising as "an equal opportunity employer". (b) Use recruitment sources that are likely to yield diverse applicant pools. Word-of-mouth recruitment will only perpetuate the current composition of your workforce. Send recruitment sources a letter annually which reaffirms your commitment to equal employment opportunity and requests their assistance in helping you reach diverse applicant pools. (c) Analyze and review your company's recruitment procedures to identify and eliminate discriminatory barriers. (d) Select and train persons involved in the employment process to use objective standards and to support equal employment opportunity goals. (e) Review periodically job descriptions to make sure they accurately reflect major job functions. Review education and experience requirements to make sure they accurately reflect the requirements for successful job performance. (f) Review the job application to ensure that only job related questions are asked. Ask yourself "Is this information necessary to judge an applicant's ability to perform the job applied for?" Only use job -related tests which do not adversely affect any particular group of people. (g) Monitor interviews carefully. Prepare interview questions in advance to assure that they are only job related. Train your interviewers on discrimination laws. Biased and subjective judgments in personal interviews can be a major source of 2024 Parking Garages Maintenance and Repair Project 00 45 10 — Page 4 of 6 discrimination. (h) Improve hiring and selection procedures and use non -biased promotion, transfer and training policies to increase and/or improve the diversity of your workforce representation. Companies must make sure procedures for selecting candidates for promotion, transfer and training are based upon a fair assessment of an employee's ability and work record. Furthermore, all companies should post and otherwise publicize all job promotional opportunities and encourage all qualified employees to bid on them. For your information is a copy of Section 2 — 3 — 1 of the Iowa City Code of Ordinances which prohibits certain discriminatory practices in employment can be found at: https://codelibrary.amIega1.com/codes/iowacitvia/Iatest/iowacity ia/0-0-0-631#JD 2-3-1. Please note that the protected characteristics include some not mandated for protection by Federal or State law. As a contractor, consultant or vendor doing business with the City of Iowa City you are required to abide by the provisions of the local ordinance in conjunction with your performance under a contract with the City. a . GJ IV 2024 Parking Garages Maintenance and Repair Project 00 45 10 — Page 5 of 6 SAMPLE: EQUAL EMPLOYMENT OPPORTUNITY POLICY To all employees of This Company and its employees shall not discriminate against any employee or applicant for employment based on his or her age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex, or sexual orientation. The anti -discrimination policy extends to decisions involving hiring, promotion, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Further, this Company and its employees will provide a working environment free from such discrimination. All employees are encouraged to refer minority and women applicants and applicants with disabilities for employment. The Equal Employment Opportunity Officer for the is: Name: Address: Telephone: NOTE: This is a SAMPLE ONLY. You may wish to confer with your Equal Employment Opportunity (EEO) officer or legal counsel to formulate a policy which specifically meets the needs of your company. q... y w ry 2024 Parking Garages Maintenance and Repair Project 00 45 10 — Page 6 of 6 00 45 20 WAGE THEFT POLICY a It is the policy of the City of Iowa City, as expressed by City Council Resolution NQ 15-194 adopted on November 10, 2015, not to enter into certain contracts with, or provide did(getionary economic development assistance to, any person or entity (including an owner of mord'than 25 of the entity) who has admitted guilt or liability or been adjudicated guilty or liable in aqy judfit l or administrative proceeding of committing a repeated or willful violation of the loiroa Wage Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standa-ms Act ,8r any comparable state statute or local ordinance, which governs the payment of wages, W a period of five (5) years from the date of the last conviction, entry of plea, administrative finding or admission of guilt. (hereinafter "Wage Theft Policy") Application. The Wage Theft Policy applies to the following: a. Contracts in excess of $25,000 for goods, services or public improvements. b. Contracts for discretionary economic development assistance. "Discretionary" economic development assistance shall mean any economic development assistance provided by the City of Iowa City that is not required by law. Exceptions. The Wage Theft Policy does not apply to emergency purchases of goods and services, emergency construction or public improvement work, sole source contracts excepted by the City's purchasing manual, cooperative/piggyback purchasing or contracts with other governmental entities. III. Affidavit. The contracting entity must complete the attached affidavit showing compliance with the Wage Theft Policy and provide it to the Contracting Department prior to the execution of the contract. Contract provision: Any contract to which this policy is applicable will include the following contract provision: If the City becomes aware that a person or entity (including an owner of more than 25% of the entity) has admitted guilt or liability or been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repeated or willful violation of the Iowa Wage Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act or any comparable state statute or local ordinance, which governs the payment of wages, within the five (5) year period prior to the award or at any time after the award, such violation shall constitute a default under the contract. IV. Waivers. If a person or entity is ineligible to contract with the City as a result of the Wage Theft Policy it may submit a request in writing indicating that one or more of the following actions have been taken: a. There has been a bona fide change in ownership or control of the ineligible person or entity; b. Disciplinary action has been taken against the individual(s) responsible for the acts giving rise to the violation(s); 2024 Parking Garages Maintenance and Repair Project 00 45 20 — Page 1 of 3 C. Remedial action has been taken to prevent a recurrence of the acts giving rise to the disqualification or default; or d. Other factors that the person or entity believes are relevant. The City Manager or Designee shall review the documentation submitted, make any inquiries deemed necessary, request additional documentation if warranted and determine whether a reduction in the ineligibility period or waiver is warranted. Should the City Manager or Designee determine that a reduction or waiver of the ineligibility period is warranted the City Manager or Designee shall make such recommendation to the City Council. The City Council will make a final decision as to whether to grant a reduction or waiver. tl ., rT♦ w N 2024 Parking Garages Maintenance and Repair Project 00 45 20 — Page 2 of 3 WAGE THEFT AFFIDAVIT I, , certify under penalty of perjury and pursuant to the laws of the State of Iowa that the following is true and correct: 1. 1 am the [position] of ["contracting entity"] and have the authority to execute this affidavit on behalf of said contracting entity and any person or entity with an ownership interest in said contracting entity of more than 25%. 2. Neither ["contracting entity"] nor any person or entity with an ownership interest of more than 25% of said contracting entity has been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repeated or willful violation of the Iowa Wage Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act or any comparable state statute or local ordinance, which governs the payment of wages in the last 5 years. Signature M N3 2024 Parking Garages Maintenance and Repair Project 00 45 20 — Page 3 of 3 00 52 10 AGREEMENT 2024 PARKING GARAGES MAINTENANCE AND REPAIR PROJECT CITY OF IOWA CITY THIS AGREEMENT is made and entered into by and between the City of Iowa City, Iowa ("City"), and ("Contractor"). WHEREAS the City has prepared certain Contract Documents dated the 111h day of December, 2023, for the 2024 PARKING GARAGES MAINTENANCE AND REPAIR PROJECT ("Project"), and WHEREAS, the City publicly solicited bids for construction of said Project; and WHEREAS, Contractor submitted a bid on the Project described in said Project Manual; and WHEREAS, the parties hereto now wish to enter into this agreement for the construction of said Project. NOW, THEREFORE, IT IS AGREED: 1. The Contractor hereby agrees to perform the Project for the sums listed in its Proposal including the total extended amount of $ , which sums are incorporated herein by this reference. 2. This Agreement consists of the Contract Documents, as defined in the Section 00 72 00 General Conditions, 1.1.1, and the following additional component parts which are incorporated herein by reference: a. Contractor's Completed Bidder Status Form; pursuant to Section 00 43 05 attached hereto; and b. Contractor's Completed Contract Compliance Program (Anti - Discrimination Requirements) Assurance, if applicable, pursuant to Section 00 45 10, attached hereto; and C. Contractor's Completed Wage Theft Affidavit, if applicable, pursuant to Section 00 45 20, attached hereto. The above components are deemed complementary and what is called foL by one shall be as binding as if called for by all. In the event of a discrepancy�or inconsistency, the more specific provision shall prevail. ry E -v w 2024 Parking Garages Maintenance and Repair Project 00 52 00 - Page 1 of 2 3. The names of those persons, firms, companies or other parties, acknowledged by the City, with whom we intend to enter into a subcontract, together with the type of subcontracted work and approximate dollar amount of the subcontract, are as follows (or shown on an attachment): NAME OF APPROXIMATE SUBCONTRACTORS TYPE OF WORK COSTS DATED this day of , 20 (The City of Iowa City will date this Contract after all signatures are obtained) Cit Contractor By: Signature of City Official Signature of Contractor Officer Printed Name of City Official ATTEST: City Clerk (for Formal Projects only) APPROVED BY: City Attorney's Office Printed Name of Contractor Officer Title of Contractor Officer ATTEST: By: (Company Official) 2024 Parking Garages Maintenance and Repair Project 00 52 00 — Page 2 of 2 0061 10 PERFORMANCE, PAYMENT, AND MAINTENANCE BOND' 2024 PARKING GARAGES MAINTENANCE AND REPAIR PROJET CITY OF IOWA CITY KNOW ALL BY THESE PRESENTS: That we, Principal (hereinafter the "Contractor" or "Principal") and , as Surety are held and firmly bound unto City of Iowa City, Iowa, as Obligee (hereinafter referred to as "the Jurisdiction"), and to all persons who may be injured by any breach of any of the conditions of this Bond in the penal sum of dollars ($ ), lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly or severally, firmly by these presents. The conditions of the above obligations are such that whereas said Contractor entered into a contract with the Jurisdiction, bearing date the day of , , (hereinafter the "Contract") wherein said Contractor undertakes and agrees to construct the following described improvements: The Project will involve the following: sealant replacement, concrete repairs, FRP wrap, weld tie repairs, painting, membrane replacement, steel stair improvements, and other miscellaneous repairs at the Capitol Street Parking Ramp. To faithfully perform all the terms and requirements of said Contract within the time therein specified, in a good and workmanlike manner, and in accordance with the Contract Documents. It is expressly understood and agreed by the Contractor and Surety in this bond that the following provisions are a part of this Bond and are binding upon said Contractor and Surety, to -wit: PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill, and abide by each and every covenant, condition, and part of said Contract, by reference made a part hereof, for the above referenced improvements, and shall indemnify and save harmless the Jurisdiction from all outlay and expense incurred by the Jurisdiction by reason of the Contractor's default of failure to perform as required. The Contractor shall also be responsible for the default or failure to perform as required under the Contract and Contract Documents by all its subcontractors, suppliers, agents, or employees furnishing materials or providing labor in the performance of the Contract. 2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just claims submitted by persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the performance of the Contract on account of which this Bond is given, including but not limited to claims for all amounts due for labor, materials, lubricants, oil, gasoline, repairs on machinery, equipment, and tools, consumed or used by the Contractor or any subcontractor, wherein the same are not satisfied out of the portion of the contract price the Jurisdiction is required to retain until completion of the improvement, but the Contractor and Surety shall not be liable to said persons, firms, or 2024 Parking Garages Maintenance and Repair Project 00 61 10 — Page 1 of 4 corporations unless the claims of said claimants against said portion of the contract price shall have been established as provided by law. The Contractor and Surety hereby bind themselves to the obligations and conditions set forth in Chapter 573 of the Iowa Code, which by this reference is made a part hereof as though fully set out herein. 3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own expense: A. To remedy any and all defects that may develop in or result from work to be performed under the Contract within the period of two years (2) from the date of acceptance of the work under the Contract, by reason of defects in workmanship or materials used in construction of said work; B. To keep all work in continuous good repair; and C. To pay the Jurisdiction's reasonable costs of monitoring and inspection to assure that any defects are remedied, and to repay the Jurisdiction all outlay and expense incurred as a result of Contractor's and Surety's failure to remedy any defect as required by this section. 4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: A. To consent without notice to any extension of time to the Contractor in which to perform the Contract; B. To consent without notice to any change in the Contract or Contract Documents, which thereby increases the total contract price and the penal sum of this bond, provided that all such changes do not, in the aggregate, involve an increase of more than 20% of the total contract price, and that this bond shall then be released as to such excess increase; and C. To consent without notice that this Bond shall remain in full force and effect until the Contract is completed, whether completed within the specified contract period, within an extension thereof, or within a period of time after the contract period has elapsed and the liquidated damage penalty is being charged against the Contractor. D. That no provision of this Bond or of any other contract shall be valid that limits to less than two years (2) after the acceptance of the work under the Contract the right to sue on this Bond. E. That as used herein, the phrase "all outlay and expense" is not to be limited in any way, but shall include the actual and reasonable costs and expenses incurred by the Jurisdiction including interest, benefits, and overhead where applicable. Accordingly, "all outlay and expense" would include but not be limited to all contract or employee expense, all equipment usage or rental, materials, testing, outside experts, attorneys fees (including overhead expenses of the Jurisdiction's staff attorneys), and all costs and expenses of litigation as they are incurred by the Jurisdiction. It is intended the Contractor and Surety will defend and indemnify the Jurisdiction on all claims made against the Jurisdiction on account of Contractor's failure to perform as required in the Contract and Contract Documents, that all agreements and promises set forth in the Contract and Contract Docbments, in approved change orders, and in this Bond will be fulfilled, and That_the-d�urisdictipn will be fully indemnified so that it will be put into the position it would lire been`, in had the Contract been performed in the first instance as required. rtia 2024 Parking Garages Maintenance and Repair Project 0061 10 — Page 2 of 4 In the event the Jurisdiction incurs any "outlay and expense" in defending itself against any claim as to which the Contractor or Surety should have provided the defense, or in the enforcement of the promises given by the Contractor in the Contract, Contract Documents, or approved change orders, or in the enforcement of the promises given by the Contractor and Surety in this Bond, the Contractor and Surety agree that they will make the Jurisdiction whole for all such outlay and expense, provided that the Surety's obligation under this bond shall not exceed 125% of the penal sum of this bond. In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that the venue thereof shall be Johnson County, State of Iowa. If legal action is required by the Jurisdiction to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of the Jurisdiction, the Contractor and the Surety agree, jointly, and severally, to pay the Jurisdiction all outlay and expense incurred therefor by the Jurisdiction. All rights, powers, and remedies of the Jurisdiction hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers, and remedies given to the Jurisdiction, by law. The Jurisdiction may proceed against surety for any amount guaranteed hereunder whether action is brought against the Contractor or whether Contractor is joined in any such action(s) or not. NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully perform all the promises of the Principal, as set forth and provided in the Contract and in this Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first as defined in this Bond and the Contract; second, if not defined in the Bond or Contract, it shall be interpreted or construed as defined in applicable provisions of the Iowa Code; third, if not defined in the Iowa Code, it shall be interpreted or construed according to its generally accepted meaning in the construction industry; and fourth, if it has no generally accepted meaning in the construction industry, it shall be interpreted or construed according to its common or customary usage. Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not limit liability hereunder. The Contract is hereby made a part of this Bond. s w ry 2024 Parking Garages Maintenance and Repair Project 00 61 10 — Page 3 of 4 PRINCIPAL: SURETY: Printed Name of Contractor Officer Surety Company Name By By Signature of Contractor Officer Signature of Attorney -in -Fact Officer Title of Contractor Officer Printed Name of Attorney -in -Fact Officer Company Name of Attorney -in -Fact Company Address of Attorney -in -Fact City, State, Zip Code of Attorney -in -Fact Telephone Number of Attorney -in -Fact NOTE: 2. 3. 4. All signatures on this performance, payment, and maintenance bond must be original signatures in ink; copies, facsimile, or electronic signatures will not be accepted. This bond must be sealed with the Surety's raised, embossing seal. The Certificate or Power of Attorney accompanying this bond must be valid on its face and sealed with the Surety's raised, embossing seal. The name and signature of the Surety's Attorney-in-Fact/Officer entered on this bond must be exactly as listed on the Certificate or Power o1rAttorney accompanying this bond. c rt c- - N) --o w 2024 Parking Garages Maintenance and Repair Project 00 61 10 — Page 4 of 4 00 72 00 GENERAL CONDITIONS "General Conditions of the Contract for Construction" AIA DOC A201-2007 amended, shall apply except as amended in the Supplementary Conditions. r� a rn R i V 2024 Parking Garages Maintenance and Repair Project 00 72 00 — Page 1 of 1 00 73 00 SUPPLEMENTARY CONDITIONSrn w -a r-) .. PART 1 - GENERAL ry -� Ft 1.1 INTRODUCTION A. The following supplements modify the "General Conditions of the %tract for Construction", AIA Document A201-2007. Where a portion of 66e )General Conditions is modified or deleted by these Supplementary Conditions, the unaltered portions of the General Conditions shall remain in effect. B. Terms used in these Supplementary Conditions will have meanings assigned to them in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings indicated below, which are applicable to both the singular and plural thereof. C. Deletions from the AIA A201 are indicated as strike eu and additions to the AIA A201 are indicated as "bold italic". D. The OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Law or Regulations in respect to any dispute. Disputes shall be resolved by legal or equitable proceedings in a court of appropriate jurisdiction. Under no circumstances shall binding arbitration be required as to any dispute arising between the parties or under the Contract Documents. E. Delete all references to mediation and arbitration in their entirety 1.2 ARTICLE 1 - GENERAL PROVISIONS A. Change paragraph 1.1.3 to read as follows: 1.1.3 The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, tools, materials, equipment, transportation, services, taxes, insurance and all other services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. The Contractor shall provide all work and materials required by any part of the Contract Documents. B. Add the following paragraph 1.1.9 Project Manual to read as follows: 1.1.9 Project Manual The bound documentary information prepared for bidding and constructing the Work. The list of the contents of the Project Manual, which may bound in one or more volumes, is contained in the table(s) of contents. The Project Manual is the basis for developing the Contract and Contract Documents. C. Add the following paragraph 1.2.4: 1.2.4 Sections of Division 1 - General Requirements, govern the execution of all sections of the specifications. 2024 Parking Garages Maintenance and Repair Project 00 73 00 — Page 1 of 20 1.3 ARTICLE 2 - OWNER A. Change paragraph 2.4 to read as follows: 2.4 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period after rese+ptef written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an the Owner may deduct from payments then or thereafter due the Contractor the reasenable entire cost of correcting such deficiencies, including Owner's expenses and compensation for the Architect's and/or Consultant's additional services and expenses and heating, engineering, accounting, consulting services and attorneys' fees and expenses made necessary by such default, neglect, or failure. Sash-asfiGR appFeval of the AFGh*teGt. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. The Owner's actions pursuant to this Subparagraph shall not operate as a release of any obligation of a surety. 1.4 ARTICLE 3 - CONTRACTOR A. Change paragraphs 3.2.2 to read as follows: 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.2.3, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. The Contractor shall not be liable to the Owner or Architect for damage resulting from errors, inconsistencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knew*ngly failed to report it to the Architect. If the Contractor performs any construction activity involving a recognized error, inconsistency or omission in the Contract Documents without such notice to the Architect, the Contractor shall assume apprepFiate responsibility for such performance and shall bear te amount of the attribut all costs for correction. The Contractor shall perform no portion of thb Work at any time without Contract Documents or, where required,, �ork, ppred Shbp Drawings, Product Data or Samples for such portion of the � B. Change paragraph 3.3.2 to read as follows: 3.3.2 The Contractor shall be responsible to the Owner for acts and (5Missions;of the Contractor's employees, Subcontractors, Sub -subcontractors;. vendors, N) 2024 Parking Garages Maintenance and Repair Project 00 73 00 — Page 2 of 20 0J material providers and suppliers and their agents and employees, and other c`� persons performing portions of the Work under a contract with the Contractor or �., ..•.. any of its Subcontractors. Add the following 3.3.4: 3.3.4 Contractor shall maintain a qualified and responsible person available 24 M° hours per day, seven days per week to respond to emergencies which may occur after ' hours. Contractor shall provide to Owner and Architect the phone number andnr paging service of this individual. D. Change paragraph 3.4.1 to read as follows: 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, storage, parking and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Should the Contract Documents require work to be performed after regular working hours or should the Contractor elect to perform work after regular hours, the additional cost of such work shall be borne by the Contractor. E. Add the following paragraphs 3.4.4 through 3.4.6: 3.4.4 Whenever any provisions of the Contract conflict with any agreements or regulation of any kind in force among members of any trade association, unions or councils, which regulate what work shall be included in the work of particular trades, the Contractor shall make all necessary arrangements to reconcile any such conflict without delay or cost to the Owner and without recourse to the Architect or the Owner. 3.4.5 After the Contract has been executed, the Owner and the Architect will consider a formal request for the substitution products in place of those specified only under the conditions set forth in Section 01 60 00 - Post Bid Substitutions. 3.4.6 By making requests for substitutions based on Subparagraph 3.4.4 above, the Contractor. .1 represents that the Contractor has personally investigated the proposed product and determined that it is equal or superior in all respects to that specified. .2 represents that the Contractor will provide the same warranty for the substitution that the Contractor would for that specified. .3 certifies that the cost data presented is complete and includes all related costs under this Contract except the Architect's redesign costs, and waives all claims for additional costs related to the substitution which subsequently become apparent, and .4 will coordinate the installation of the accepted substitute, making such changes as may be required for the Work to be complete in all respects. .5 will adhere to the contract schedule F. Change paragraphs 3.5 to read as follows: 2024 Parking Garages Maintenance and Repair Project 00 73 00 — Page 3 of 20 tv n c� 3.5 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform with the requirements of the Contract Documents and will be free from defects, eXG8pt fE)F th068 inherent in the quality of the VVGFk the Work, materials or equipment not conforming to these requirements may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the -Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. G. 'Change paragraph 3.6.1 to read as follows: The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. Contractors and approved subcontractors will be provided a Sales Tax Exemption Certificate to purchase building materials, supplies, or equipment in the performance of the contract. The Contractor shall submit the information necessary for the certificates to be issued. All such information for said certificates shall be submitted to the City/Owner together in one submission. H. Change paragraph 3.7.2 to read as follows: 3.7.2 The Contractor shall sernply perform the Work in compliance with and give notices required by applicable laws, statutes, ordinances, codes, rules, regulations and lawful orders of public authorities bearing on performance of the Work. I. Change paragraph 3.7.3 to read as follows: 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume full ate responsibility for such Work and shall bear the costs attFebutable to the GOFFeGtoon and expenses of correcting or replacing such Work. J. Change paragraph 3.7.4 to read as follows: 3.7.4 Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that are 1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or 2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than the next business day 21 day6 after first observance of the conditions. The Architect will promptly investigate such conditions and, if the Architect determines that they differ materially and cause an increase or decrease in the Contractor's costs of or time required for performance of any part of the work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially 2024 Parking Garages Maintenance and Repair Project 00 73 00 — Page 4 of 20 c a different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner and + 'Contractor in writing, stating the reasons. If either paFty disputed the nrnhiten+ t C\J I - . s7'i K. Change paragraph 3.11 to read as follows: 3.11 The Contractor shall maintain at the site for the Owner, one copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and eeeGepYef all approved Shop Drawings, MSDS Sheets, Product Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed. L. Change paragraph 3.13 to read as follows: 3.13 The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. The Contractor acknowledges that the property on which the Project and Work are located may be occupied and in use by the Owner during the execution of the Work. The Contractor shall perform and coordinate its work in such a manner that the portions of the property occupied and in use will not be encumbered or the use interfered with or interrupted. M. Change paragraph 3.17 to read as follows: 3.17 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect and the Owner in writing. N. Change paragraphs 3.18.1 to read as follows: 3.18 To the fullest extent permitted by law, the Contractor shall indemnify, defend and hold harmless the Owner, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including, but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (Ether than the Work i+calf\ but only to the extent caused in whole or in part by intentional or negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, ' , damage loss nr evced in part by a party iRdemnified here, ender. Such obligation shall not be construed to negate, abridge, or reduce other rights or 2024 Parking Garages Maintenance and Repair Project 00 73 00 — Page 5 of 20 obligations of indemnity that would otherwise exist as to a party or person described in this Paragraph 3.18. Nothing in the foregoing Paragraph 3.18.1 is intended or shall be deemed to constitute an indemnification by the Contractor against the negligence of any of the parties to be otherwise indemnified pursuant to Paragraph 3.18.1. O. Change paragraph 3.18.2 to read as follows: 3.18.2 Contractor is not, and shall not be deemed to be, an agent or employee of the City of Iowa City, Iowa. In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under worker's compensation acts, disability benefit acts or other employee benefit acts. 1.5 ARTICLE 4 - ARCHITECT A. Change paragraph 4.1.2 to read as follows: 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner-, GGR#asteF and Architect. Consent shall not be unreasonably withheld. B. Change paragraph 4.2.1 to read as follows: 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be the Owner's representative as provided herein during construction and until the Architect issues the final Certificate for Payment to the Contractor on the Project. The Architect will advise and consult with the Owner. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. C. Change paragraph 4.2.3 to read as follows: 4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner 1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and 2) defects and deficiencies observed in the Work. The Architect and the Owner will not be responsible for the Contractor's failure to perform the Work in accordance with the C" requirements of the Contract Documents. The Architect and the Owner will not f`% have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons cL or entities performing portions of the Work. Ui cQ. Change paragraphs 4.2.5 through 4.2.6 to read as follows: ..,. cv ; 4.2.5 Based on the Architect's observations and evaluations of the Contractor's .� Applications for Payment, the Architect will review and se4ify recommend to the Owner the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Architect has authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable 2024 Parking Garages Maintenance and Repair Project 00 73 00 — Page 6 of 20 for implementation of the intent of the Contract Documents, the Architect will have authority to recommend to the Owner to require additional inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons performing portions of the Work. E. Change paragraphs 4.2.10 through 4.2.12 to read as follows: 4.2.10 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, sesunients. 4.2.11 The Architect will interpret and make recommendations to the Owner regarding decide matters concerning performance under and requirements of the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If no agreement is made concerning the time within which recommendations required of the Architect shall be furnished in compliance with this Paragraph 4.2, then the Architect shall furnish such recommendations within such reasonable time after the request is made that allow sufficient time in the professional judgment of the Architect for review. 4.2.12 Interpretations and recommendations deGis+6r+S of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and recommendations de6iG*9R6, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or recommendations decisions rendered in good faith. 1.6 ARTICLE 5 - SUBCONTRACTORS A. Delete paragraph 5.2.1 and add the following: 5.2.1 The CONTRACTOR shall provide, within 24 hours of the bid opening, c-) a list those persons, firms, companies or other parties to whom it ww proposes/intends to enter into a subcontract regarding this project as required on the Bid Form and the Agreement. 1. If no minority business enterprises (MBE) are utilized, the CONTRACTOR shall furnish documentation of all efforts to recruit MBE's. t B. Change paragraph 5.3 to read as follows: 5.3 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the 2024 Parking Garages Maintenance and Repair Project 00 73 00 — Page 7 of 20 rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub -subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub -subcontractors. All warranties provided by the Subcontractors, including all express and implied warranties in the Contract Documents and the agreements between the Contractor and the Subcontractors and all warranties provided by law, shall run to and be for the benefit of the Owner, and the Owner shall have a direct right of action against the Subcontractors for any breach of said warranties. 1.7 ARTICLE 6 - CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS A. Delete paragraph 6.1.4 in its entirety. B. Change paragraph 6.2.4 to read as follows: 6.2.4 The Contractor shall promptly remedy damage the Contractor WFORgfully causes to completed or partially completed construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 1.8 ARTICLE 7 - CHANGES IN THE WORK A. Change paragraph 7.2.1 to read as follows: 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner and Contractor and approved by the Architect, stating their agreement upon all of the following: B. Add paragraph 7.2.2 as follows: ch 7.2.2 A Change Order is conclusively presumed to include all adjustments in Contract Time and Contract Sum necessary to complete the change to the Work and related parts of the Work. °`C. Add- paragraph 7.2.3 as follows: CNJ 7.2.3 In all Change Orders or Construction Change Directives, the allowance for Overhead and profit to be included in the total cost to the OW her shall not exceed the following amounts: 1 For the Contractor, for any Work performed directly by the Contractor's employees, not including oversight of such work performed by subcontractor, fifteen percent (15%) of the cost. .2 For the Contractor, for Work performed by Subcontractor, ten percent (10%) of the amount due the Subcontractor. 2024 Parking Garages Maintenance and Repair Project 00 73 00 — Page 8 of 20 .3 For each Subcontractor, or Sub -subcontractor involved, for any Work performed by such contractor's own forces, fifteen percent (1554o) of the cost. .4 For each Subcontractor, for Work performed by the Sub - subcontractors, five percent (5%) of the amount due the Sub -subcontractor. .5 In order to facilitate checking of quotations for extras or credits, all proposals, except those so minor that their propriety can be seen by inspection, shall be accompanied by a complete itemization of costs including labor, materials and Subcontracts. In no case will a change involving over $200.00 be approved without such itemization. .6 Unless otherwise agreed, costs to which overhead and profit are to be applied shall be those costs listed in Subparagraph 7.3.6. 1.9 ARTICLE 8 - TIME A. Change paragraph 8.2.3 to read as follows: 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract time. The Contractor shall bear all costs for overtime and all additional expense which may arise in order to achieve Substantial Completion within the Contract Time. B. Add paragraph 8.2.4 to read as follows: 8.2.4 If, upon the recommendation of the Architect, it becomes necessary at times during construction for the Owner to accelerate the work, each Contractor or subcontractor when ordered and directed by the Owner, shall cease work at any point and shall transfer its workers to such points and execute such portion of its work as may be required to enable others to properly engage in and carry on their work. C. Change paragraph 8.3.1 to read as follows: 8.3.1 If the Contractor is delayed at any time in progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, URYsual delay i^ drr,�l varies, unavoidable casualties or other causes beyond the Contractor's control, er 4rrhiteGt determines may justify delay then the Contract Time shall be extended by Change Order for such reasonable time as the Owner, with the advice of the Architect, may determine. Such delays shall not be a basis for damages. An extension of the Contract Time is the Contractor's sole remedy for such delay. D. Delete paragraph 8.3.3 in its entirety. E. Add paragraph 8.4 LIQUIDATED DAMAGES to read as follows: Since the actual monetary value of damages sustained by the Owner as a result of delayed completion of the Work is extremely difficult or impractical LIJ ca_ to assess, the Owner and Contractor agree as follows: <v 1. Upon failure of the Contractor to achieve "Substantial Completion" of the Work in compliance with requirements of the Contract C Documents: The Contractor shall pay as liquidated damages, and not as a penalty, the sum of amount as listed in the Notice to Bidders (or Instruction to Bidders) for each calendar day that "Substantial 2024 Parking Garages Maintenance and Repair Project 00 73 00 — Page 9 of 20 Completion" is delayed beyond the date written in the Agreement, subject to adjustments of the Contract Time as provided for in the Contract Documents. Cn C 2. The Owner shall give written notice to the Contractor of intent to assess liquidated damages pursuant to provisions of this Article. I Calculation of the amount of liquidated damages shall commence on « J N the date the Owner notifies the Contractor of this intent. 3. Liquidated damages assessed in accordance with these provisions 'C,are exclusive of other monetary damages to which the Owner may be r -entitled as a direct result of the Contractor's failure to achieve final completion of the Work in accordance with requirements of the Contract Documents. These liquidated damages are not intended to be exclusive of Owner's right to terminate this Contract based on Contractors' failure to comply with the terms and provisions of the Contract. 4. Partial performance of the Work of this Contract shall not relieve the Contractor from liability for liquidated damages. 5. Contractor's liability for liquidated damages shall cease upon issuance of Substantial Completion Certificate for the Work of the Contract. 6. Notwithstanding anything in the Contract Documents to the contrary, amounts assessed to the Contractor as liquidated damages may be deducted by the Owner from any money payable to the Contractor pursuant to this Contract. The Owner shall notify the Contractor in writing of a claim for liquidated damages prior to the date the Owner deducts such sum from money payable to the Contractor. 1.10 ARTICLE 9 -PAYMENTS AND COMPLETION A. Add the following paragraph 9.3.1.3. .3 The first payment application shall be accompanied by Contractor's partial waiver of lien only, for the full amount of the payment. Each subsequent monthly payment application shall be accompanied by the Contractor's partial waiver and by the partial waivers of Subcontractors and Suppliers who were included in the immediately preceding payment application to the extent of that payment. Application for final payment shall be accompanied by final waivers of lien from the Contractor, Subcontractor and Suppliers who have not previously furnished such final waivers. B. Change paragraph 9.4.1 to read as follows: 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. Nothing herein shall be construed as requiring the Architect to reduce the retainage to be applied to payment applications. All certifications and payments, including those pursuant to a pending claim, shall be tentative 2024 Parking Garages Maintenance and Repair Project 00 73 00 — Page 10 of 20 and conditional and it shall not be necessary for the Architect to make any statement to this effect. C. Add paragraph 9.4.2.1: 9.4.2.1 The Architect's determination as to the issuance of or withholding of or the amount of payment reflected on Certificates of Payment shall subject the Architect to no liability whatsoever to the Owner, Contractor, Surety, or any other person. D. Change paragraph 9.6.1 to read as follows: 9.6.1 The Owner shall make partial payments to the Contractor within 30 days after the Owner has received a Certificate for Payment from the Architect. To insure proper performance of the Contract, the Owner will retain 5% of each payment amount or such larger amount as will insure that there always remains a sufficient balance to complete the work, such retainage to be held until Final Acceptance of Work and shall so notify the Architect. Payment in the manner and within the time provided in the Centrant E. Change paragraph 9.8.4 to read as follows: When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of substantial Completion that shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and contractor for security, maintenance, heat, utilities, damage to the Work, and insurance, and shall fix the time within which the contractor shall finish all items on the list accompanying the Certificate. designated portion +he -reed -unless etheni.tee—provided in the Gertifinete oSubstantial Gempletb44, F. Add paragraph 9.10.6: 9.10.6 Notwithstanding any provision to the contrary in this Contract, final payment of the retainage due the Contractor will be made not earlier than 31 days from the final acceptance of the work by the Owner, subject to the conditions and in accordance with the provisions of Chapter 573 of the Code of Iowa (2009), as amended. G. Add paragraph 9.10.7: 9.10.7 Warranties required by the Contract Documents, including those stated in the performance and payment bond, shall commence on the date of final, formal acceptance of the work by the City. 1.11 ARTQLE 10 -PROTECTION OF PERSONS AND PROPERTY &,3 Add paragraph 10.1.1: r11J c..:= 1. The Contractor will provide Material Safety Data Sheets (MSDS) for all � hazardous chemicals or materials that will be at the job site. The Material Safety 9 Data Sheets will be submitted to the Owner prior to the start of construction and supplemented as necessary throughout the project. This data is being provided for informational purposes only and does not relieve the contractor of any obligations 2024 Parking Garages Maintenance and Repair Project 00 73 00 - Page 11 of 20 for compliance with applicable OSHA and State laws regarding hazardous chemicals and right -to -know. B. Change paragraph 10.2.4 to read as follows: 1. When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for the execution of the Work, the Contractor shall give the Owner reasonable advance notice and shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. C. Add paragraph 10.2.9: 10.2.9 When required by law or for the safety of the Work, the Contractor shall shore up, brace, underpin and protect foundations and other portions of existing structures which are in any way affected by the Work. The Contractor, before commencement of any part of the Work, shall give any notices required to be given to adjoining landowners or other parties. The Owner shall be notified once these notices have been served and before the work is performed. 1.12 ARTICLE 11 -INSURANCE AND BONDS A. Change paragraph 11.1.1.5 to read as follows: .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including explosion, collapse and damage to underground utilities and loss of use resulting therefrom; B. Change paragraph 11.1.2 to read as follows: 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater. Coverage whether shall be written on an occurrence OF Glamm6 m basis and shall be maintained without interruption from the date of commencement of the Work until the date of final payment and termination of any coverage required to be maintained after final payment, and, with respect to the contractor's completed operations coverage, until the expiration C-1, of the period for correction of Work or for such other period for maintenance of 0-) .. completed operations coverage as specified in the Contract Documents. C. Change paragraph 11.1.3 to read as follows: 11.1.3 Certificates of Insurance acceptable to the Owner shall be filed with the c Owner prior to commencement of the Work and thereafter upon renewal or C replacement of each required policy of insurance. The name address and phone ° number of the insurance company and agent must accompany the certificate. The liability limits required hereunder must apply to this Project only. These certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. An additional certificate evidencing continuation of liability coverage, including coverage for completed operations, shall be submitted upon final Application for Payment as required by Section 9.10.2 and thereafter upon renewal or replacement of such coverage until the expiration of the time required by Section 11.1.2. Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be furnished by the Contractor with reasonable promptness. 2024 Parking Garages Maintenance and Repair Project 00 73 00 — Page 12 of 20 D. Delete paragraph 11.1.4 in its entirety and add the following paragraphs 11.1.4 through 11.1.14: 11.1.4 Any policy or policies of insurance purchased by the Contractor to satisfy his/her responsibilities under this contract shall include contractual liability coverage, and shall be in the following type and minimum amounts: Type of Coverage Comprehensive General Liability Each Occurrence Aggregate Cl Bodily Injury & Property Damage* $1,000,000 $2,000,000 �'. Automobile Liability Combined Single Limit . ; Bodily Injury & Property Damage $1,000,000 1� 0— Excess Liability $1,000,000 $1,000,000 CV Employer's Liability (\J Each Accident $500,000 Each Employee $500,000 Policy Limit $500,000 Professional Liability (if applicable) $1,000,000 $1,000,000 Worker's Compensation Insurance as required by Chapter 85, Code of Iowa. Property Damage liability insurance must provide explosion, collapse and underground coverage. Comprehensive General Liability using Insurance Services Office CG0001 or equivalent, shall include Contractual, Premises & Operations, Products & Completed Operations, Independent Contractors, Personal & Advertising Injury coverages, and Aggregate Limits of Insurance (Per Project) endorsement. Automobile Liability shall include all owned, non -owned and hired autos and also coverage for Contractual Liability. Excess Liability shall provide no less than following form coverage to the primary underlying policies. Workers Compensation shall include the Alternative Employer and Waiver of Subrogation endorsements in favor of the Owner. Professional Liability, if applicable: The Contractor shall procure and maintain, during the life of this Agreement, Professional Errors and Omissions Liability Insurance. The Contractor will notify the Owner if claims made erode the policy limits below those required above. All liability policies above, except for Workers Compensation and Professional Liability, shall include the Owner's Governmental Immunities Endorsement. [See attached]. 11.1.5 The City requires that the Contractor's Insurance carrier be A rated or better by A.M. Best. In addition, the Contractor shall be required to comply with the following provisions with respect to insurance coverage: 11.1.6 The entire amount of Contractor's liability insurance policy coverage limits, identified in the policy and in the Certificate of Insurance, must, under the policy, be available to pay damages for which the insured Contractor becomes liable, or for which the insured assumes liability under the 2024 Parking Garages Maintenance and Repair Project 00 73 00 - Page 13 of 20 indemnity agreement herein contained, and such coverage amount shall not be subject to reduction or set off by virtue of investigation or defense costs incurred by Contractor's insurer. 11.1.7 The entire amount of the Contractor's liability insurance policy co coverage limits shall be payable by the Contractor's insurer, with no deductible to be paid by, or self -insured retention to be attributed to, the .:.t Contractor unless this requirement is waived by the City. Contractor's *' Certificate of Insurance must set forth the nature and amount of any such deductible or self -insured retention. 11.1.8 If Contractor's liability insurance coverage is subject to any special ` ? exclusions or limitations not common to the type of coverage being LJ LL provided, such exclusions or limitations shall be noted on the Certificate of Insurance and copies of such shall be attached thereto. 11.1.9 The Contractor shall include the City as additional insured on all policies except workers compensation. The Contractor shall include the Owner (City of Iowa City, including its employees, agents and assigns) as additional insured on all policies, except worker's compensation and professional liability. Such additional insured endorsement(s) shall make the Contractor's liability insurance primary to the Owner's and, furthermore, shall not be contributing with any other insurance or similar protection available to the Owner, whether such available protection be primary, contributing or excess. Owner shall be an Additional Insured with respect to all required aforementioned coverages, which shall be stated on all Certificates of Insurance. Such Certificates shall also state that the Governmental Immunities Endorsement (see attached) apply and said endorsements shall be attached thereto. The Contractor shall require any of its agents and subcontractors who perform work and/or services pursuant to the provisions of this Agreement to purchase and maintain the same types of insurance as are required of the Contractor. 11.1.10 The City prefers that Contractor provide it with "occurrence form" liability insurance coverage. If Contractor can only provide "claims - made" insurance coverage, then the Contractor must comply with the following requirements: A. If the Contractor changes insurance carriers, or if Contractor's insurance coverage is canceled, during the contract period or within two years after City's acceptance of the work, Contractor agrees to immediately notify the City of such event. B. If Contractor's insurance is canceled or is allowed to lapse during said period, Contractor shall be required to obtain replacement insurance coverage to fulfill its obligation hereunder. C. If, during said period, Contractor voluntarily changes insurance carriers or is required to obtain replacement coverage from another carrier, Contractor shall either (1) purchase "tail" coverage from its first carrier effective for a minimum of two years after City Council acceptance of the work, or (2) purchase "prior acts" insurance 2024 Parking Garages Maintenance and Repair Project 00 73 00 - Page 14 of 20 coverage from its new carrier, covering prior acts during the period of this Contract from and after its inception. D. "Tail" or "prior acts" coverage so provided shall have the same coverage, with the same limits, as the insurance specified in this Contract, and shall not be subject to any further limitations or exclusions, or have a higher deductible or self -insured retention than the insurance which it replaces t., 11.1.11 The City reserves the right to waive any of the insurance requirements herein provided. The City also reserves the right to reject Contractor's insurance if not in compliance with the requirements herein z provided, and on that basis to either award the contract to the next low o- bidder, or declare a default and seek specific performance or termination, as N the case may be. .�. LCIE 11.1.12 In the event that any of the policies of insurance or insurance :.:.. coverage identified on Contractors Certificate of Insurance are canceled or r modified, or in the event that Contractor incurs liability losses, either due to activities under this Contract, or due to other activities not under this Contract but covered by the same insurance, and such losses exhaust the aggregate limits of Contractor's liability insurance, then in that event the City may in its discretion either suspend Contractor's operations or activities under this Contract, or terminate this Contract, and withhold payment for work performed on the Contract. 11.1.13 In the event that any of the policies or insurance coverage identified on Contractor's Certificate of Insurance are canceled or modified, then in that event the City may in its discretion either suspend Contractor's operations or activities under this Contract, or terminate this Contract, and withhold payment for work performed on the Contract. 11.1.14 Contractor shall be responsible for any deductible amounts; including but not limited to the owner's deductible on the owner's builder's risk. E. Delete paragraphs 11.3 in its entirety and add paragraphs 11.3 as follows: 11.3 PROPERTY INSURANCE 11.3.1 OWNER shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: .1 include the interests of OWNER, CONTRACTOR, Subcontractors, Owner's Engineering Consultants, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an additional insured, .2 be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or 2024 Parking Garages Maintenance and Repair Project 00 73 00 - Page 15 of 20 causes of loss: fire, lightning, extended coverage, theft, vandalism and c malicious mischief, earthquake, collapse, debris removal, water damage, and 'such other perils or causes of loss as may be specifically required by the Supplementary Conditions; cl-- .3 include expenses incurred in the repair or replacement of any insured c.- property; n,; c_ .4 include $100,000 for materials and equipment stored at the Site or at another location that was agreed to in writing by OWNER prior to being $Z' incorporated in the Work, provided that such materials and equipment have h been included in an Application for Payment recommended by OWNER; .5 allow for partial utilization of the Work by OWNER; .6 include testing and startup; and .7 be maintained in effect until final payment is made. .8 Such coverage shall not include coverage for loses or damage caused by the negligent acts or omissions of Contractor or Subcontractors, or for damage to material or equipment while under the control of or stored by Contractor prior to installation or prior to inclusion of such material or equipment in construction. Contractor shall maintain appropriate insurance for such risks or occurrences 11.3.2 OWNER shall purchase and maintain such boiler and machinery insurance which shall specifically cover such insured objects or additional property insurance as may be required by Laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors, OWNER's Engineering Consultants, and any other individuals or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. 11.3.3 All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions. 11.3.5 If CONTRACTOR requests in writing that other special insurance be included in the property insurance policies provided under paragraph 5.06, OWNER shall, if possible, include such insurance, and the cost thereof will be charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the Site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. F. Delete section 11.4 in its entirety and add paragraph 11.4 to read as follows: 11.4.1 The Contractor shall furnish a Performance Bond and Labor and Material Payment Bond from a surety using the form included in the Contract Documents, each in an amount equal to the Contract Price. Cost of such Bonds shall be included in the base bid. Each alternative bid shall include 2024 Parking Garages Maintenance and Repair Project 00 73 00 — Page 16 of 20 the additional Bond cost. Contractor shall deliver the required Bonds to the Owner prior to the signing of the Agreement. .1 The Performance, Labor and Material Bond shall be executed in conformity with the American Institute of Architect's Document A-312 (1984 Edition), with coverage provided by a surety having a financial rating from A.M. Best of A, Vll or higher. .2 Whenever the Contractor shall be and is declared by the Owner to be in default under the Contract, the Surety and Contractor are each responsible Cl) to make full payment to the Owner for any and all additional services of the Architect as defined in the Owner/Architect Agreement which are required as a result of the Contractor's default and in protecting the Owner's right under the agreement with the Contractor to remedy the Contractor's default or honor the terms of the Performance Bond. i -A cu .3 These Bonds shall be maintained by the Contractor and shall remain U. in full force and effect until final acceptance of the Work by the Owner. The Contractor agrees and will cause the Surety to agree to be bound by each and every provision of all the Contract Documents. .4 The Surety shall give written notice to Owner, within seven (7) days after receipt of a declaration of default, of the Surety's election either to remedy the default or defaults promptly or to perform the work promptly or to pay to Owner the penal sum of the bond, time being of the essence. In said notice of election, the Surety shall indicate the date on which the remedy or performance will commence, and it shall then be the duty of the Surety to give prompt notice in writing to Owner immediately upon completion of (a) the remedy and/or correction of each default, (b) the remedy and/or correction of each omitted item of work, (c) the furnishing of each omitted item of work, and (d) the performance of the work. The Surety shall not assert solvency of its Principal or its Principal's denial of default as justification for its failure to promptly remedy the default or defaults or perform the work. .5 The Principal and Surety further agree as part of this obligation to pay all such damages of any kind to person or property that may result from a failure in any respect to perform and complete the Work including, but not limited to, all repair and replacement costs necessary to rectify construction error, architectural and engineering costs and fees, all consultant fees, all testing and laboratory fees, and all legal fees and litigation costs incurred by the Owner. .6 The Surety agrees that other than as is provided in the Bond it may not demand of the Owner that the Owner shall (a) perform any thing or act, (b) give any notice, (c) furnish any clerical assistance, (d) render any service, (e) furnish any papers or documents, or (f) take any other action of any nature or description which is not required of the Owner to be done under the Contract Documents. 11.4.2 Surety shall be satisfactory to the Owner and shall be authorized to do business in the state of Iowa. 1.13 ARTICLE 13 - MISCELLANEOUS PROVISIONS 2024 Parking Garages Maintenance and Repair Project 00 73 00 — Page 17 of 20 A. Change paragraph 13.1 to read as follows: 13.1 The Contract shall be governed by the laws of the State of Iowa of the place where the Project is located except that, if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 15.4. B. Change paragraph 13.3.1 to read as follows: 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the firm or entity or to an officer of the corporation for which it was intended, or if d sent by registered or certified mail to the last business address known to the party giving notice. C. Change paragraph 13.5.1 to read as follows: 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules, and regulations or lawful orders of public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect and Ownertimely notice of when and where tests and inspections are to be made so the Architect and Owner may observe such procedures. The Owner shall bear costs of 1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded and 2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor. Copies of all reports, data and other documents related to tests, inspections and approvals shall be provided to the Architect as soon as practicable. D. Delete paragraphs 13.7. E. Add the following Section 13.8: 13.8 The Contractor shall maintain policies of employment as follows: .1 The Contractor and the Contractor's subcontractors shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, disability or national origin or otherwise as may be required by local or state ordinance. The Contractor shall take affirmative action to insure that applicants are employed, and that employees are treated during employment without regard to their race, religion, color, sex, age, disability or national origin or otherwise as may be required by local *- or state ordinance. Such action shall include, but not be limited to, the .. following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The c.J contractor agrees to post in conspicuous places, available to employees and J 0,' applicants for employment, notices setting forth the policies of l . non-discrimination. ,.. 2 The Contractor and the Contractor's subcontractors shall, in all solicitations rt or advertisements for employees placed by them or on their behalf, state that all 2024 Parking Garages Maintenance and Repair Project 00 73 00 — Page 18 of 20 qualified applicants will receive consideration for employment without regard to race, religion, color, sex, age, disability or national origin or otherwise as may be required by local or state ordinance F. Add the following Section 13.9: 13.9 The Contractor shall maintain CONTRACT COMPLIANCE PROGRAM (ANTI DISCRIMINATION REQUIREMENTS) forall contracts of$25,000 ormore, the Contractor shall abide by the requirements of the City's Contract Compliance Program, which is included with these Specifications beginning on page CC-1. 1.14 ARTICLE 14 -TERMINATION OR SUSPENSION OF THE CONTRACT A. Add the following paragraph 14.2.1.5: .5 fails or refuses to provide insurance or proof of insurance as required by the Contract Documents. B. Change paragraph 14.2.4 to read as follows: 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Initial Decision Maker, upon application, and this obligation for payment shall survive termination of the Contract. The Contractor shall bear all testing, engineering, accounting, and legal expenses made necessary as a result of termination of the Contract. 1.15 ARTICLE 15- CLAIMS AND DISPUTES A. Change paragraphs 15.1.1 through 15.1.3 to read as follows: 15.1.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, or other similar relief with respect to the administration terms of the Contract during the performance of the Work. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim. Nothing in this Article is intended to limit claims by the Owner related to the performance of or quality of the Work. �—� 15.1.2 Notice of Claims. Claims by either the Owner or Contractor must be initiated by written notice to the other party and to the Initial Decision Maker with a LIJ cy copy sent to the Architect if the Architect is not serving as the Initial Decision Maker. _J �; Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the .•,• condition giving rise to the Claim, whichever is later. An additional Claim relating to the same subject matter made after the initial Claim has been implemented by Change Order will not be considered and is deemed waived by the Contractor. LIRI866 submitted OR a timely manRGF-.. 15.1.3 Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, 2024 Parking Garages Maintenance and Repair Project 00 73 00 — Page 19 of 20 the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments for sums not in dispute in accordance with the Contract Documents. The Architect will prepare Change Orders and issue Certificates for Payment in accordance with the decisions of the Initial Decision Maker. B. Change paragraph 15.2.5 to read as follows: 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the claim, or indicating that the Initial Decision Maker is unable to resolve the claim. This initial decision shall 1) be in writing, 2) state the reasons therefore, and 3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The C. Delete paragraphs 15.2.6 and 15.2.6.1 in their entirety. D. Delete Section 15.3 MEDIATION in its entirety. E. Delete Section 15.4 ARBITRATION in its entirety. F. Add the following paragraph 15.5 to read as follows: 15.5 The Owner and Contractor may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. Disputes shall be resolved by legal or equitable proceedings in a court of appropriate jurisdiction. Under no circumstances shall binding arbitration be required as to any dispute arising between the parties or under the Contract Documents. 7 w _..f fV W W 2024 Parking Garages Maintenance and Repair Project 00 73 00 — Page 20 of 20 DRAWINGS r~ .= N�^^ 2024 Parking Garages Maintenance and Repair Project 00 73 00 — Page 1 of 1 A B F 4 C -FF D E 2024 CITY OF IOWA CITY PARKING GARAGES MAINTENANCE AND REPAIR PROJECT CITY OF IOWA CITY PROJECT LOCATION MAP TOWER PLACE RAMP — y JNI lERSI-r 1 i � W I - CAPITOL ' � CENTRE % `y. 4—_. _ —_� "�'_.__. Z I x � G 14?CKD I \ s z F fd« J c \\ "^ ■ C11PfiOC ' DUBUQUE r — ■ ST RAW EL 0 L_ — C _ U� — .._....___ INN S'4_f_TEkICE .— --. --- --__ � ev......unmw�uun,rena• ._ � 'T ...-Y✓'.f �.__-- —J r—_ _ — � j L ij a .. N C\J CITY OF IOWA CITY ENGINEERING MOON APPROVED IF EIJGItJEER Jfi.TE SHEET INDEX SHEET NUMBER SHEET TITLE G001 COVER G002 PHASING S110 CAPITOL STREET LEVEL B S111 CAPITOL STREET LEVEL 1 S112 CAPITOL STREET LEVEL 2 S113 CAPITOL STREET LEVEL 3 5114 CAPITOL STREET LEVEL 4 S115 CAPITOL STREET LEVEL 5 S501 DETAILS S502 DETAILS CERTIFICATIONS STRUCTURAL ENGINEER \\\\\\1\11111111111//// ANWIV1. FLY-EW-,• a - )�7D I NEREBY CERTIFY TNAT TNIS ENGINEERING DOCUMENT WAS PREPARED BY NE OR UNDER MYDIRECTSUPERVISIIXJANDT OF STp ICE SED PROFESSIONAL ENGINEER UNDER THE LIWS12/11) SIGNATURE DATEOFEN PRIMED oR IY D NAME TONY ALTENHOFEN •, UGENSE NUMBER 23470 PAGES. SHSEETS0 WVSCOVERED BY TN SIS M G AND S SHEETS GENERAL NOTES 1. MAKE ARRANGEMENTS FOR RESTROOM FACILITIES AS NONE ARE AVAILABLE FOR USE AT THE SITE. 2. CLEANING SHALL BE PERFORMED DAILY AND MORE OFTEN AS NEEDED. PROTECT VEHICLES IN THE RAMP DURING THE COURSE OF THE WORK. 3. PROVIDE ALL MATERIALS, BARRICADES, SIGNS, ETC FOR TRAFFIC CONTROL. ALL VEHICULAR AND PEDESTRIAN CONTROL SIGNAGE SHALL CONFORM TO THE STANDARDS IN THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MUTCD) LATEST EDITION. 4. CONTRACTOR IS RESPONSIBLE FOR ALL DAMAGES AND CLAIMS MADE BY THE RAMP USERS THAT ARE RELATED TO THE PROJECT. 5. DRIVE LANES MUST BE PROVIDED AT ALL TIMES TO ALLOW NORMAL TRAFFIC FLOW. 6. A TOTAL OF 60 STALLS PER RAMP MAY BE TAKEN OUT OF SERVICE AT ONE TIME. CONTRACTOR MAY EXCEED PARKING STALL LIMITS OUTSIDE OF REGULAR WORKING HOURS, WHICH ARE 7:00 AM TO 6:00 PM, MONDAY THROUGH FRIDAY. COORDINATE WITH OWNER PRIOR TO EXCEEDING PARKING STALL LIMITS. ADA STALLS MAY NOT BE TAKEN OUT OF SERVICE UNLESS APPROVED IN ADVANCE BY THE OWNER. 7. EQUIPMENT GENERATING LOUD NOISES SHALL NOT BE USED FROM 10:00 PM TO 7:00 AM UNLESS APPROVED BY THE OWNER IN ADVANCE. LIMIT NOISE LEVEL TO 100 DB AT ALL TIMES. 8. PARKING FACILITY ADDRESS 8.1. CAPITOL STREET - 220 S CAPITOL ST, IOWA CITY, IA 52240 2023 PROJECT TOTALS REPAIR SCHEDULE 20 —DESCRIPTION 24 f— QUANTITY ITEM DESCRIPTION DETAIL QUANTITY THIS SHEET O1 HORIZONTAL SPALL REPAIR I/S501 95 SF O2 EPDXY INJECTION 2/S501 4 LF O FRP STEM WRAP 3/S501 60 LF O4 FLASHING REPLACEMENT 4/S501 74 LF 50 JOINT SEALANT WITH MEMBRANE 5/S501 7639 LF © DRIP EDGE WITH SEALANT 6/5501 312 LF 70 VERTICAL/OVERHEAD SPALL REPAIR 7/S501 192 SF ®WELD TIE REPAIR WITH SEALANT & 8/SS01 322 EA MEMBRANE O9 NEW MEMBRANE 9/SSOl 12214 SF ©0 REMOVE MEMBRANE 10/5502 118005E © EPDXY FILLER WITH MEMBRANE 11//S502 109 SF © EXPANSION JOINT NOSING REPAIR 12/5502 18 LF © PAINTING 13/5502 599 SF ® STEEL ANGLE REPLACEMENT 14/5502 61 LF OS STAIR PAN REPLACEMENT 15/S502 5 EA © REMOVE LOOSE CONCRETE 16/S502 56 SF 9. THE FOLLOWING DATES MAY IMPACT WORK. CONTRACTOR SHALL PLAN ACCORDINGLY AND COORDINATE WITH OWNER: JANUARY 1, 2024 NEW YEAR'S DAY PARKING FREE WORK MAY BE IMPACTED JANUARY 15, 2024 MLK DAY PARKING FREE WORK MAY BE IMPACTED MARCH 10 - 17, 2024 SPRING BREAK WORK MAY BE IMPACTED MARCH 31, 2024 EASTER PARKING FREE WORK MAY BE IMPACTED MAY 10 -12, 2024 U OF I GRADUATION HIGH DEMAND NO WORK MAY 27, 2024 MEMORIAL DAY PARKING FREE WORK MAY BE IMPACTED MAY 31 -JUNE 2, 2024 ARTS FEST HIGH DEMAND NO WORK JUNE 19, 2024 JUNETEENTH PARKING FREE WORK MAY BE IMPACTED JUNE 15, 2024 BLOCK PARTY HIGH DEMAND NO WORK JULY 4, 2024 INDEPENDENCE DAY HIGH DEMAND NO WORK JULY 5 - 7, 2024 JAZZ FEST HIGH DEMAND NO WORK AUGUST 23 - 25. 2024 U OF I MOVE -IN HIGH DEMAND NO WORK AUGUST 31, 2024 FOOTBALL GAME HIGH DEMAND NO WORK SEPTEMBER 2, 2024 LABOR DAY PARKING FREE WORK MAY BE IMPACTED SEPTEMBER 7, 2024 FOOTBALL GAME HIGH DEMAND NO WORK SEPTEMBER 14, 2024 FOOTBALL GAME HIGH DEMAND NO WORK OCTOBER 12, 2024 FOOTBALL GAME HIGH DEMAND NO WORK OCTOBER 26, 2024 FOOTBALL GAME HIGH DEMAND NO WORK NOVEMBER 11, 2024 VETERANS DAY PARKING FREE WORK MAY BE IMPACTED NOVEMBER 282024 THANKSGIVING PARKING FREE WORK MAY BE IMPACTED NOVEMBER 29:2024 BLACK FRIDAY HIGH DEMAND NO WORK NOVEMBER 30, 2024 SMALL BUS. SAT. HIGH DEMAND NO WORK DECEMBER 24,2024 CHRISTMAS EVE PARKING FREE WORK MAY BE IMPACTED DECEMBER 25, 2024 CHRISTMAS DAY PARKING FREE WORK MAY BE IMPACTED DECEMBER 31, 2024 NEW YEAR'S EVE PARKING FREE WORK MAY BE IMPACTED Tn Lu U W z0 Y. Ir aQ I­_wU ¢-z Z W U ¢ OQ g FW- O U U �Z 3N ¢ O Ii z0U G LI. -:] 0 Lu Z W QI Z a- O U m v N �'1 M O Z CVO U Z LLI F- 0 O w CO a- U G001 A B C D E F 6 6.8 7 7.2 8 9 10 11 12 13 14 14.2 15 1 2 3 4 T70- 1'-077/ ✓ V-10 3/12S" 20'-0" 3 AYS @ 24'-0" = 20'-6" 3 " 1='-6 9/128" 5 BAY @ 24'-0" = 119'-1 61/64" 3'-5 4.clpi 6" TAIR'A'/ELEVA OR 1 A 0 1 71 mot--_ M n Al V a B Eel o 2 X00<2 F- PHASING LEGEND ® PHASE 1 ® PHASE 2 Joni ® PHASE 3 3 3 - D PARKING STALLS SHALL BE CLOSED IN ONLY ONE STAIR'C' STAIR'B' OF THE THREE PHASES AT ANY TIME. COORDINATE WITH OWNER PRIOR TO CLOSING PARKING STALLS. NOTE: THIS PHASING PLAN IS INTENDED FOR USE CAPITOL STREET PHASING AT THE CAPITOL STREET PARKING RAMP ONLY. REFER TO GENERAL NOTES FOR STALL CLOSURE 1/16" = 24' LIMITS AND OTHER REQUIREMENTS RELATED TO TRAFFIC CONTROL. 4 4 u"- A B C D E F W Lou Ow ZO Y cr �a a� aQ EL a: Ua: QC Z O W10 U Q OZ ¢ O a o U F }LLp U oa ~ o G002 a 2 3 A B 3 jAYS @ 24'-0" = 72 -0" 20'-6" I STAIR7ELEVATOR I II II II II II II II II II II II I 1 11 IIII IIIII IIII 11 I 11 t 11 II IIII II IfI IIII i 1II1II 1II II II II II II HIII II II II II II II II II II II II II II II II II II II II II I II II II II II II II II II II II II II II II II II II II II II II II II I II II it II II II II II II II II II II II II II II p II II_ II II II II I II � II II II II II II II II II II II II II II II II II II II II II I II II II II II II II II II II II II II II II II II II II III II I I � II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II 11 II II II II II it II II II II II II II II II II II II II II II II II II II II II II II II II 11 II II II II II II II II II II II II II II II I�, II II II II II II II II II II II II II II II II II II tl II II II , II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II it II II II II II II II II it II II II II 11 II II II II II II II II II II II II II II II II II II II II II II II II II II II III II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II 11 II II 11 II II II II II II II II II II it II II II II II II II II II tl II Ii II II II II II II II II II II II II II II II II II II II II II II II II II � I II II II II II II II II II II II 5 II III II II II II II II II II II II II II II II II II 26 II II II II II II II II II II II II II II II II II II II II II II I 11 II II II II II II II II II �1' li � II 'I ii ° ii 1 11 111 II II II II II II hhhh"'`I�Y; 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W W Z p z ; g e 1 L ITEM DESCRIPTION DETAIL QUANTITY THIS SHEET O HORIZONTAL SPALL REPAIR 1/SSO1 8 SF O JOINT SEALANT WITH MEMBRANE S/S501 26 LF 77 VERTICAL/OVERHEAD SPALL REPAIR 7/S501 107 SF O3 PAINTING 13/S502 103 SF ® STEEL ANGLE REPLACEMENT 14/S502 7 LF u z' PLAN LEGEND W a ¢ JOINT SEALANT NTH MEMBRANE �Lou ® EPDXY FILLER WITH MEMBRANE z 2 REMOVE AND REPLACE a L� MEMBRANE a i NEW MEMBRANE yj 0 Of ¢ 0 WELD TIE REPAIR a : c — W U U 3 O O Q Z O U H U 0 o ¢ pN U ey Z O Z LL -Li 3 , L J Z z CAPITOL STREET ISOMETRIC oa 0 0 4 W W U) J m O�O W St �O a E :;�7 uj C'tON N �� U -j ® silo F 11 1 131 A B I C I D E 1� 2� �� 5 6 8.8 7) 7.2 8� 9(0) 11 12 13 14 14.2 ( 15 r r r ��I p• A v � I I v I 0 v a' � v v m `II���I �, �IIIII • I ® STAIR' MULTIPLE DINTS CAPITOL STREET - LEVEL 1 22 F REPAIR SCHEDULE 20 DESCRIPTION 24 — QUANTITY ITEM DESCRIPTION DETAIL QUANTITY THIS SHEET Ol HORIZONTAL SPALL REPAIR 1/S501 19 SF O3 FRP STEM WRAP 3/S501 60 LF A A) OS JOINT SEALANT WITH MEMBRANE 5/S501 752 LF 1 Al 6 DRIP EDGE WITH SEALANT 6/SS01 40 LF 7O VERTICAL/OVERHEAD SPALL REPAIR 7/SS01 28 SF ®WELD TIE REPAIR WITH SEALANT& 8/S501 84EA MEMBRANE O9 NEW MEMBRANE 9/S501 2600 SF ©0 REMOVE MEMBRANE 10/S502 2600 SF © EXPANSION JOINT NOSING REPAIR 12/SS02 4 LF 1/ O3 PAINTING 13/SS02 84SF B ® STEEL ANGLE REPLACEMENT 14/S502 10 LF OS STAIR PAN REPLACEMENT 15/SS02 1 EA ® REMOVE LOOSE CONCRETE 16/SS02 8 SF D PLAN LEGEND JOINT SEALANT WITH MEMBRANE EPDXY FILLER WITH MEMBRANE REMOVE AND REPLACE MEMBRANE i NEW MEMBRANE WELD TIE REPAIR CAPITOL STREET ISOMETRIC 4 4 E gUR�1NG,1 Nco (ID U� A B C D E F uW z p £E 1� 02 'n to < ry M l Vie I�® 05 -11 �0 V w w Q 0 O U z0 Y � Q. << �aa w U � < >} z F c 2w � U U O < �z r V LL 10U 2,,� ; :i 10 '^ �.i.i � v) 0 U a`�aRl o w0 ego > wm= w F- W W w F— (1) J O� � J 1 2 3 A 5 B 19'-10" 20'-0" 3 AYS @ 24'-0" = 72-0" I I I I I II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II it II II II II II II II II II I II II I II II II II II II II II II II II II II II II II II II II I �I -i' I II I II I II I II I I I II II II II II II II II II II II II II II II II II II ' V II II II II II II II II II II II II II II II II I' II II II II II II II II II II II II II II I I '� II II II II II II II II II II II II II II I 'I II II II II II II II II II II II II II II I II II II II II II II II II II II II II II I ' � � II II II II II II II it II II II II II II I II II II II II II II II II II II II II II I - - i II II II II II II II II II II II II II II I II II II II II II II II II II II II II II I ' III II II II 16 II II II II II II II II I 2 �i 9 I' 10 72200 2200 I I II II ` II 16 2 II 5 I II II I 1620 MULTIPLE JOINTS I I II II II II II II II II I II ', II II I II 1 II II II II II II I ' II II II II II II II II II II II II I �II II II II II II II II II II II II II II II II II II II II II II ' II II II II II II II II II II II '' II II II II II II II II II II II ' II II It II II II II II II II II I II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II I II II II II it II II II II II II I I II II II II II II II II II ' ' II II II II II II II 16 II . 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II II II II II II II II III � II II II II -: III II II II �' II II II II II II II II II II II II II II II II ICI iIIj�lL111� I IIIII IIIIIIII IIIIIIII I II 5 Z00 MULTIPLE JOINTS STAIR'C' N CAPITOL STREET - LEVEL 3 In 7 6 16 D 5B YS@24'-0"= I 0 =� o v ,v m IN I llm,mwd 7 Iumu ii I Vi -T E F 20 REPAIR SCHEDULE — DESCRIPTION 24 QUANTITY ',LL�� ITEM DESCRIPTION DETAIL QUANTITY THIS SHEET LU W Z p 0 HORIZONTAL SPALL REPAIR 1/SSO1 22 SF A 4 M Z r ` JL s b O EPDXY INJECTION 2/SS01 4 UP OS JOINT SEALANT WITH MEMBRANE S/S501 2230 LF A1) ' O = — a$ © DRIP EDGE WITH SEALANT 6/S501 196 LF T I z (D VERTICAL/OVERHEAD SPALL REPAIR 7/S501 18 SFLn O9 NEW MEMBRANE 9/S501 6400SF OO REMOVE MEMBRANE 10/S502 6400SF v $�e 5 © EPDXY FILLER WITH MEMBRANE 11//S502 1 SF © EXPANSION JOINT NOSING REPAIR 12/5502 4 LF © PAINTING 13/S502 106 SF I� U ® STEEL ANGLE REPLACEMENT 14/S502 14 LIF ® REMOVE LOOSE CONCRETE 16/S502 i 31 SF PLAN LEGEND JOINT SEALANT WITH MEMBRANE EPDXY FILLER WITH MEMBRANE REMOVE AND REPLACE MEMBRANE i NEW MEMBRANE WELD TIE REPAIR �U Ow 2 Z¢ �a as �a w U0: Qo g� 3 0Z 3 O Z O (� H LL U 0 o g 3O 0 LL_ Z 0 U L L z a 0 s U k. .a CA) CAPITOL STREET ISOMETRIC a m ? R O Z Y O Z QQ U m C aas a Q C W 7 O Q N � LL U 4 4 I— W eLLJ Cn —i m ya O W �� E BURL 1NOtON $T oy� U -i N co S113 A B C D E F 1/16- = 1'-w 16 I II 2 I II I 11 II II II II II I II II II II II II II II II II II II it II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II 11 II II II II 1 12 . h 71," II II II II II II II II II II II II II II 7 II II II 11 16 II II 11 II II II II II II II II 2 II II II II 11 II 16 - 2 II 2 II II II II II II II II II II it II II II II II II II II II II II II II II II II II II II II II II II 16 II II II II II II II II II II II II II II II II II II II II B II II II II II II II II II II 2 II d II II II II II II II II II II 60 12 1 11 II II II II II I II II I II II II II II II II II II II II II II II II II II I 4 1 II 1 II II II II II II II II II II I II II I II II II II II II II II II I' II II II II II II II I 1 I II II II II II II II II II II II II II II II II II I' I I II II II II II II II II II II II II I' II II II II II I II II, /,_.1 II II 'I II II II II II II II II II II II II II II II II II II I II II II ', � 13 II _ II II II II II II II ` ' I \ II II II II II II II :' II 14 II T E STEMS SHOWN ARE OVERHEAD WHILE STANDING 7 THIS LEVEL TAI 13 R .B. 0 wLL Zoo wm <&wz o °< o a I m u S114 0 2 3 i 4 e A 1 2 3 4 V-1" 19,-10" 20'-0" 3 AYS @ 24'- 6 14 5 66 13 22 I I I Wm■ *14t 5 13 O20 1 22 MUL} PLE JOINTS STAIR 'C' N CAPITOL STREET - LEVEL 5 1/lb- = 1'-U" U I-I.IZ.1 24 B C I D 0" = 72 -0" 20'-6" 20'-6" L B YS @ 24'-0" = 12 T R' 'IELEVATOR I 8 I I 8 8 14 14 I I I I I I 1 I I I I I B I I I I 14 1-" - - - -F4- I I I I I I I I I I I I I I I I I I I I I I I STAIR 'B' E F REPAIR SCHEDULE 20 — DESCRIPTION 1 r��vy 1a 2 15 2a QUANTITY ) ITEM DESCRIPTION DETAIL QUANTITY 0" 15'-10" THIS SHEET Z 19'-10" Oi HORIZONTAL SPALL REPAIR 1/S501 10SF z ; Q ro A ® FLASHING REPLACEMENT 4/5501 74 LF 4 OS JOINT SEALANT WITH MEMBRANE 5/S501 1588 LF Al 1 F ® WELD TIE REPAIR WITH SEALANT & g/5501 70 EA 5 MEMBRANE _ 8g 28 9O NEW MEMBRANE 9/S501 4085F '�J/1�' z' © EPDXY FILLER WITH MEMBRANE 11//SS02 107 SF - " " ® PAINTING 13/S502 72 SF y ® STEEL ANGLE REPLACEMENT 14/5502 6LF , A v n A �- B C I D I E w Qqw Q U C7 W 2 90 Ya as �a w U � Qo �a W Q U � p ZU ¢ O a O W UH LLO U cm - Z O r Q0U w.� P 3 vJ 0 47 r5 a ~ m ? R CAPITOL STREET ISOMETRIC 00 °oo wm �a0a�Q�Qo�w O G H O a S U 4 F- W W 0_ U) Obi J Ln O h 02iPj W d i EBURI1NG"T N U ® S115 F A I B I ----- -— (1) 5° ANGLED SAW CUT AROUND PERIMETER, MIN DEPTH = 1 CORNERS SHALL BE 90°, AVOID REENTRANT CORNERS - (2) REMOVE LOOSE CONCRETE WITHIN SAW CUT, MIN DEPTH = 1" SPALLED (3) WHERE REBAR IS EXPOSED, MIN DEPTH = 1" BEYOND REBAR CONCRETE AREA (4) CLEAN REBAR TO SHINY METAL WITH WIRE WHEEL, CLEAN CAVITY WITH BROOM AND COMPRESSED AIR - - - (5) APPLY ZINC -RICH EPDXY PRIMER TO REBAR PER - PLAN SPECIFICATIONS (6) INSTALL CONCRETE PATCHING MATERIAL PER SPECIFICATIONS 1 Z_ r/5° TYP SECTION inHORIZONTAL SPALL REPAIR WITH MEMBRANE NOT TO SCALE NEW SEALANT 2 NEW FLASHINC REGLET GROO 3 4 FLASHING REPLACEMENT NOT TO SCALE (1) REMOVE EXISTING FLASHING AND SEALANT (2) NOTIFY DESIGN PROFESSIONAL FOR OBSERVATION OF EXPANSION JOINT (3) INSTALL STAINLESS STEEL FLASHING SET IN SEALANT IN REGLET GROOVE OVERHEAD PLAN (1) 5° ANGLED SAW CUT AROUND _ _ _ _ _ PERIMETER, MINIMUM DEPTH = 1/2", MAXIMUM DEPTH = 1", CORNERS SHALL BE 90°, AVOID REENTRANT CORNERS `(2) REMOVE LOOSE CONCRETE WITHIN SAW CUT, MAINTAIN 1/2" -1" DEPTH (3) WHERE REBAR IS MORE THAN 50% EXPOSED, MINIMUM DEPTH = 3/4" BEYOND REBAR (4) CLEAN REBAR TO SHINY METAL, SECTION CLEAN CAVITY WITH BROOM AND COMPRESSED AIR (5) APPLY ZINC -RICH EPDXY PRIMER TO REBAR PER SPECIFICATIONS (6) INSTALL CONCRETE PATCHING MATERIAL AND CURE PER MANUFACTURER INSTRUCTIONS (VERTICAUOVERHEAD SPALL REPAIR � NOT TO SCALE C D I E I F (1) GENTLY REMOVE SPALLED CONCRETE. DO NOT HAMMER REINFORCING STEEUPRESTRESSING STRANDS (2) CLEAN EXPOSED REINFORCING STEEUPRESTRESSING STRANDS WITH WIRE BRUSH (3) GRIND CONCRETE EDGE TO 1/2" MIN DEPTH (4) INSTALL GALVANIC ANODE PER SPECIFICATIONS (5) INSTALL PATCH MATERIAL PER VERTICAL/OVERHEAD SPALL REPAIR DETAIL (6) INSTALL FIBER REINFORCED POLYMER (FRP) PER THE FOLLOWING CRITERIA: A. FRP SYSTEM TO BE DESIGNED TO REINSTATE THE CAPACITY OF THE EXISTING DOUBLE TEE STEM ASSUMING 30% LOSS OF EXISTING PRESTRESSING STEEL, NOTIFY DESIGN PROFESSION AFTER DEMO AND BEFORE PATCHING FOR CONFIRMATION BLOW OUT CRACK WITH B. FRP SYSTEM TO BE DESIGNED BY FRP SUPPLIER IN ACCORDANCE WITH ACI440.2R-17 EPDXY INJECTION 1 NOT TO SCALE 3 NEW MEMBRANE X — JOINT SEALANT CLOSED CELL BACKER ROD, DIAMETER 1/4" ° WIDER THAN JOINT STEEL BAR L FLANGE PLATE FRP STEM WRAP NOT TO SCALE (1) CAREFULLY CUT OVERLYING MEMBRANE AS NEEDED, REMOVE JOINT SEALANT (2) REPAIR WELD TIE PER WELD TIE REPAIR DETAIL (3) CLEAN FACE OF JOINT AND REMOVE DEBRIS (4) PRIME PREPARED FACE OF JOINT (5) INSTALL NEW BACKER ROD (6) FILL JOINT WITH SEALANT - FINISH FLUSH (7) APPLY WATERPROOFING MEMBRANE 9" WIDE PER NEW MEMBRANE DETAIL JOINT SEALANT WITH MEMBRANE NOT TO SCALE NOTES: 1. CONTRACTOR SHALL LOAD DOUBLE TEES AS NEEDED TO ALIGN DRIVING SURFACE JUST BEFORE WELDING. NOTIFY (1) REMOVE EXISTING BACKER ROD DESIGN PROFESSIONAL IF MORE THAN TWO PASSENGER AND JOINT SEALANT PER JOINT VEHICLES ARE NEEDED TO ALIGN DRIVING SURFACES. SEALANT WITH MEMBRANE DETAIL 2. SOME DEMOLITION OF CONCRETE MAY BE REQUIRED TO ACCESS WELD TIE. ASSOCIATED COSTS SHALL BE (2) NOTIFY DESIGN PROFESSIONAL INCIDENTAL TO THE WELD TIE REPAIR. FOR OBSERVATION OF WELD NEW MEMBRANE TIES PRIOR TO REPAIRS (3) CLEAN FLANGE PLATES AND BAR F AS REQUIRED TO PREPARE WELD SURFACES OINT SEALANT (4) RE -WELD PER SPECIFICATIONS BACKER ROD _ e ° STEEL BARS (5) CLEAN JOINT AND REPLACE BACKER ROD AND JOINT SEALANT PER JOINT SEALANT WITH MEMBRANE DETAIL _ (6) APPLY NEW MEMBRANE PER NEW MEMBRANE DETAIL FLANGE PLATE WELD TIE REPAIR WITH SEALANT & MEMBRANE NOT TO SCALE -- -- - MOISTURE SOURCE 1 1/2" x 1" x 3116" STAINLESS PREPARE CONCRETE STEEL ANGLE WITH 3/16 x 3/4" PER MANUFACTURER STAINLESS STEEL CONCRETE RECOMMENDATIONS SCREW @12" OC, SET INTO AND APPLY SEALANT BEAD OF SEALANT TO FACE OF ANGLE DRIP EDGE WITH SEALANT V 1 NOT TO SCALE EXTEND NEW MEMBRANE 3" BEYOND CONCRETE REPAIRS NEW MEMBRANE SYSTEM CONCRETE REPAIR NEW MEMBRANE NOT TO SCALE Lu THIS SIDE (1) APPLY EPDXY/SAND FILLER AS REQUIRED TO PROVIDE COATABLE SURFACE AND JOINT SEALANT AS SHOWN ON PLANS, ALLOW FULL CURE (2) SHOT BLAST TO PREPARE SURFACE FOR MEMBRANE ADHESION PER MANUFACTURER RECOMMENDATIONS, WATER BLASTING REQUIRED IN AREAS WHERE SHOT BLASTER CANNOTREACHtaw Y (3) WIPE EXISTING MEMBRANE SURFACES WITH XYLENE OR PRIME AS RECOMMENDED BY MANUFACTURER N) (4) APPLY NEW MEMBRANE SYSTEM, COLOR r-,) TO BE SELECTED BY OWNER -1i (5) ALL MEMBRANE EDGES SHALL BE TAPED TO PROVIDE STRAIGHT AND SHARP LINES A B C I D E F S501 A B C I D E F S501 A B CONTRACTOR SHALL REMOVE EXISTING MEMBRANE DOWN TO BARE CONCRETE AND COORDINATE WITH MEMBRANE MANUFACTURER TO SATISFY ALL PREPARATION REQUIREMENTS FOR NEW MEMBRANE SYSTEM 1 = a REMOVE EXISTING MEMBRANE 2 3 4i r 10 REMOVE MEMBRANE NOT TO SCALE PREPARE RUSTED AREAS (WIRE WHEEL OR GRINDER ABRASION ANTICIPATED), REMOVE THINNED OR SEVERELY CORRODED METAL, PRIME AND PAINT ALL STAIR RISERS PER SPECIFICATIONS, MATCH EXISTING COLOR AND SHEEN. PAINT SYSTEM SHALL BE ONE COAT OF PRIMER AND TWO COATS OF PAINT, PRIMER AND PAINT COLORS SHALL BE DIFFERENT SHADE NOTE: OWNER TO CONFIRM PAINT COLOR, PROVIDE PAINT SAMPLES TO OWNER FOR SELECTION PRIOR TO PAINTING PAINTING NOT TO SCALE REMOVE LO OSE OOSE CONCRETE TO SCALE C I D SHOT BLAST EXISTING CONCRETE. APPLY EPDXY FILLER PER SPECIFICATIONS, FILL LOW AREA TO PROVIDE FLAT AND LEVEL SURFACE. APPLY WATERPROOFING MEMBRANE 3" BEYOND EDGES OF EPDXY. WATERPROOFING MEMBRANE EXISTING CONCRETE SLAB EPDXY FILLER WITH MEMBRANE NOT TO SCALE i J! INSTALL GALVANIZED L4x4x5/16, FASTEN WITH GALVANIZED HILTI KWIK a HUS-EZ 3/4" X 5 1/2" @ 24' OC MAX STEEL ANGLE REPLACEMENT Y NOT TO SCALE 1. REMOVE CONCRETE TREAD, STEEL PAN, AND STEEL SUPPORT BRACKETS 2. PROVIDE NEW HOT -DIP GALVANIZED PAN AND BRACKETS, MATCH EXISTING PAN THICKNESS E I F (1) REMOVE EXISTING NOSING MATERIAL 111 W 1:•1 (2) CLEAN SURFACE WITH BROOM AND COMPRESSED AIR Z NE 1 8 (3) PRIME CONCRETE SURFACE PER MANUFACTURER INSTRUCTIONS z Q � ;, r (4) POUR NEW NOSING MATERIAL, FINISH FLUSH TO EXISTING CONCRETE 77 U t 1 EXISTING WINGED ��� 1 Lu —L EXPANSION JOINT \ o EXPANSION JOINT NOSING SMOOTH SURFACE MAY / _ REQUIRE GRINDING CONCRETE DECK x o a Z SAW CUT AS REQUIRED 'nu t l a z N 12 EXPANSION JOINT NOSING REPAIR NOT TO SCALE e i ILA. 3. CAST NEW 4000 PSI CONCRETE WITH NEW NOSING �.____._... NEW NOSING SIMILAR TO EXISTING i n 4. PAINT EXPOSED STEEL TO MATCH I a ADJACENT STAIR PANS I `\ / NOTE: CONTRACTOR SHALL FIELD i i NEW STAIR PAN MEASURE EXISTING TREAD/RISER i DIMENSIONS AND MATCH EXISTING I ° i NEW CONCRETE i STAIR PAN REPLACEMENT NUT TU SCALE w Lu aU U ZO 2 � Ya aQ �w w U� Q O 3a � �w a 0Z ¢ 0 a g w U F 0 U cm N U _ Z N O Z LL 3 JOB ^� z 0 I.L U ji d' d pY 8 Z K' .. zJim W m ao o a- ow LL j 4 U) _1 Q w 0 A I B I C D E F S502 SHIVEHATT TRY ARCHITECTURE + E N G I N E E R I N G December 13, 2023 City of Iowa City ATTN: City Clerk 410 East Washington Street Iowa City, Iowa 52240 RE: 2024 Parking Garage Maintenance and Repair Project City of Iowa City Project No. T3004 Shive-Hattery has completed the cost analysis for the 2024 Parking Garages Maintenance and Repair project. The anticipated bid amount is $366,000. Please contact our office if you have any questions. Thank you, SHIVE-HATTERY, INC. i�7/'TiY► Kevin Zenz, Project Manager kzenz(a)shive-hattery.com /cnf Copy: Joe Welter, CIC Ethan Yoder, CIC Tony Altenhofen, Shive-Hattery 1207933 shive-hattery.com Prepared by: Joe Welter, Engineering Division, 410 East Washington Street, Iowa City, Iowa 52240, (319) 356-5144 Resolution No. 24-06 Resolution setting a public hearing on January 16, 2024 on project manual and estimate of cost for the construction of the 2024 Parking Garages Maintenance and Repair Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said project manual on file for public inspection. Whereas, funds for this project are available in Account # T3004 - Parking Facility Restoration Repair. Now, therefore, be it resolved by the Council of the City of Iowa City, Iowa, that: A public hearing on the project manual and estimate of cost for the construction of the above - mentioned project is to be held on the 161h day of January, 2024, at 6:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above -named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. A copy of the project manual and estimate of cost for the construction of the above -named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 2nd day of January 2024. M Approved by r Attest: iC� L----� City Clerk City Attorn 's Office (Liz Craig - 12/21/2023) It was moved by Salih adopted, and upon roll call there were: Ayes: X X X X X X X and seconded by Nays: Dunn the Resolution be Absent: Alter Bergus F/ �r Dunn Harmsen JAN 02 2024 Moe Salih City Clerk Teague Iowa Ci% 10 LocaliQ Iowa PO Box 631851 Cincinnati, OH 45263-1851 GANNETT PROOF OF PUBLICATION NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING CITY OFIOWA CITY ON PROJECT MANUAL AND THE 2024 ESTIMATED COST FORGARAGES City Clerk's Office PARKING City Of Iowa City MAINTENANCE AND REPAIRS 410 E Washington ST PROJECT IN THE CITY OF IOWA CITYALLLWTAXPAYERS Iowa City IA52240-1825 TO OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED STATE OF WISCONSIN, COUNTY OF BROWN PERSONS: Public notice is hereby given that the City Council of the City of Iowa The Iowa City Press Citizen, a newspaper printed and published in City, Iowa, will conduct a public the city of Iowa, Johnson County, State of Iowa, and personal hearing on the Proiect Manual, including the plans, specifications, knowledge of the facts herein state and that the notice hereto contract, and estimated cost for the annexed was Published in said newspapers in the issue: construction of the 2024 Parking Garages Maintenance and Repair 01/08/2024 Proiect in said city at 6:00 p.m. on the 16th day of January, 2024, said meeting to be held in the Emma J. ed are legal. and that the fees charged 9 Harvat Hall in the City Hall, 410 Sworn to and subscribed before on 01/08/2024 East Washington Street in said city, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. This Proiect includes sealant replacement, concrete repairs, membrane replacement, steel stair improvements, and other miscellaneous repairs and is located at 220 South Capitol Street, Iowa City, Iowa 52240. Said Proiect Manual and estimated cost are now on file in the office of the City Clerk in the City Hall in Iowa City, Iowa, and may be Legal Clerk inspected by any interested persons. Any interested persons may appear at said meeting of the City Council Notary, State of WI, ounty of Brown for the purpose of making objections to and comments concerning said Proiect Manual or the cost of making said My commision expires improvement. This notice is given by order of the Publication Cost: $41.80 City Council of the City of Iowa Order No: 9703533 # of Copies: Citas provide Kellie K. GrraIowa ance, City C erk by law. Customer No: 1249729 1 PO #: 2024 Parking Garage THIS IS NOT AN INVOICE! Please do not use this form for payment remittance KATHLEEN ALLEN Notary Public State of Wisconsin Page 1 of 1 Prepared by: Joe Welter, Engineering Division, 410 East Washington Street, Iowa City, Iowa 52240, (319) 356-5144 Resolution No. 24-2 t Resolution approving project manual and estimate of cost for the construction of the 2024 Parking Garages Maintenance and Repair Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Whereas, notice of public hearing on the project manual and estimate of cost for the above -named project was published as required by law, and the hearing thereon held; and Whereas, the City Engineer or designee intends to post notice of the project on the website owned and maintained by the City of Iowa City; and Whereas, funds for this project are available in the Parking Facility Restoration Repair, Account Number T3004. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The project manual and estimate of cost for the above -named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above -named project shall be in the amount of 10% (ten percent) of bid payable to City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3, not less than 13 days and not more than 45 days before the date of the bid letting, which may be satisfied by timely posting notice on the Construction Update Network, operated by the Master Builder of Iowa, and the Iowa League of Cities website. 4. Sealed bids for the above -named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 3:00 p.m. on the 81h day of February, 2024. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 6:00 p.m. on the 201h day of February, 2024, or at a special meeting called for that purpose. Passed and approved this 16th day of January 2024 M66r Approved b Attest: City Clerk City Att rney's Office (Liz Craig - 01/11/202�I LED JAN 16 2024 City Clerk Iowa City, Iowa Resolution No. 24-21 Page 2 It was moved by Alter and seconded by Bergus adopted, and upon roll call there were: Ayes: x x x x x x Nays: Absent: Alter Bergus Dunn Harmsen Moe Salih Teague the Resolution be FILED JAN 16 2024 City Clerk Iowa City, Iowa O � IOWA LEAGUE QfCITIES CERTIFICATE The Iowa League of Cities an entity organized under the laws of Iowa as an instrumentality of its member cities, with its principal place of business in Des Moines, Polk County, Iowa, does hereby certify that I am now and was at the time hereinafter mentioned, the duly qualified and acting Executive Director of the Iowa League of Cities, and that as such Executive Director of the League and by full authority from the Executive Board, I have caused a NOTICE TO BIDDERS 2024 Parking Garages Maintenance & Repair Classified ID: 111705590497 A printed copy of which is attached and made part of this certificate, provided on 01/18/2024 to be posted on the Iowa League of Cities internet site on the following date: 2024-01-18 I certify under penalty of perjury and pursuant to the laws of the State of Iowa that the preceding is true and correct. 01/18/2024 4 FILED Alan Kemp, Executive Director JAN 18 2024 Q tY Clerk AR'wl 0011 60 NOTICE TO BIDDERS 2024 PARKING GARAGES MAINTENANCE AND REPAIR PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 3:00 P.M. on the 8th day of February 2024. Sealed proposals will be opened immediately thereafter. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 6:00 P.M. on the 20th day of February 2024 or at special meeting called for that purpose. The Project will involve the following: sealant replacement, concrete repairs, FRP wrap, weld tie repairs, painting, membrane replacement, steel stair improvements, and other miscellaneous repairs at the Capitol Street Parking Ramp. All work is to be done in strict compliance with the Project Manual prepared by Shive-Hattery, Inc. of Iowa City, Iowa, which has heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be submitted in a sealed envelope. In addition, a separate sealed envelope shall be submitted containing a completed Bidder Status Form and a bid security executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City (in the form shown in Section 00 61 10) ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. The City shall retain the bid security furnished by the successful bidder until the approved contract has been executed, the required Performance, Payment, and Maintenance Bond (as shown in Section 00 61 10) has been filed by the bidder guaranteeing the performance of the contract, and the contract and security have been approved by the City. The City shall promptly return the checks or bidder's bonds of unsuccessful bidders to the bidders as soon as the successful bidder is determined or within thirty days, whichever is sooner. The successful bidder will be required to furnish a Performance, Payment, and Maintenance Bond in an amount equal to one hundred percent (100%) of the contract price and in the form shown in Section 00 61 10, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) years from and after its completion and formal acceptance by the City Council. FILED JAN 18 2024 City Clerk to City, Iowa The following limitations shall apply to this Project: Specified Start Date: May 20, 2024 Substantial Completion Date: July 22, 2024 Final Completion Date: August 21, 2024 Liquidated Damages: $250.00 per day All of the bid items listed in Section 00 42 10 — Proposal shall be completed by the Substantial Completion Date. The Project Manual may be examined at the office of the City Clerk. Copies thereof and blank forms may be secured at the office of Technographic, a division of Rapids Reproductions located at 415 Highland Ave, Suite 100, Iowa City, Iowa 52240, Phone: (319) 354-5950, Fax: (319) 354- 8973, Toll -Free: (800) 779-0093. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Inspections and Appeals at (515) 281-5796 and the Iowa Department of Transportation Contracts Office at (515) 239-1422. Bidders shall list on the Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall list on the Contract its subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must 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 Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Posted upon order of the City Council of Iowa City, Iowa. KELLIE GRACE, CITY CLERK FILED JAN 18 2024 Ashley Platz From: Cindy Adams <CAdams@mbi.build> Sent: Thursday, January 18, 2024 9:40 AM To: Ashley Platz Subject: Certificate for Notice to Bidders Attachments: We sent you safe versions of your files RISK ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Mimecast Attachment Protection was unable to create safe copies of your attachments. Certificate The undersigned, being first duly sworn on oath, states that The Construction Update Plan Room Network ("CU Network") is a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Des Moines, Polk County, Iowa. The undersigned also states that he is now and was at the time hereinafter mentioned, the duly qualified and acting President / CEO of the CU Network, and that as such President / CEO of the CU Network and by full authority from the Executive Board, he caused a NOTICE TO BIDDERS Iowa City — 2024 Parking Garages Maintenance And Repair Project Iowa City — 2023 Sanitary Sewer Repairs Project A printed copy of which is attached and made part of this certificate, to be posted in the Construction Update Network Plan Room, a relevant contractor plan room service with statewide circulation and a relevant contractor lead generating service with statewide circulation, on the following date(s): January 18, 2024 I certify under penalty of perjury and pursuant to the laws of the State of Iowa that the preceding is true and correct. January 18, 2024 Date a4-1 [<�rr- President/CEO of The Construction Update Plan Room Network Cindy Adams FF►LED Project Information Specialist JAN 1$ 2024 Master Builders of Iowa 402-9858 •.. •:100 Ylcstown Pkw,y Wes' De; M4 rw-,, 1A 502GG DAILY NOTICE TO BIDDERS construction update CLI FILED JAN 18 2024 City Clerk Iowa City, Iowa 0011 60 NOTICE TO BIDDERS 2024 PARKING GARAGES MAINTENANCE AND REPAIR PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 3:00 P.M. on the 81h day of February 2024. Sealed proposals will be opened immediately thereafter. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 6:00 P.M. on the 201h day of February 2024 or at special meeting called for that purpose. The Project will involve the following: sealant replacement, concrete repairs, FRP wrap, weld tie repairs, painting, membrane replacement, steel stair improvements, and other miscellaneous repairs at the Capitol Street Parking Ramp. All work is to be done in strict compliance with the Project Manual prepared by Shive-Hattery, Inc. of Iowa City, Iowa, which has heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be submitted in a sealed envelope. In addition, a separate sealed envelope shall be submitted containing a completed Bidder Status Form and a bid security executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City (in the form shown in Section 00 61 10) ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. The City shall retain the bid security furnished by the successful bidder until the approved contract has been executed, the required Performance, Payment, and Maintenance Bond (as shown in Section 00 61 10) has been filed by the bidder guaranteeing the performance of the contract, and the contract and security have been approved by the City. The City shall promptly return the checks or bidder's bonds of unsuccessful bidders to the bidders as soon as the successful bidder is determined or within thirty days, whichever is sooner. The successful bidder will be required to furnish a Performance, Payment, and Maintenance Bond in an amount equal to one hundred percent (100%) of the contract price and in the form shown in Section 00 61 10, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) years from and after its completion and formal acceptance by the City Council. FILED JAN 18 2024 i +! C3crk Iowa The following limitations shall apply to this Project: Specified Start Date: May 20, 2024 Substantial Completion Date: July 22, 2024 Final Completion Date: August 21, 2024 Liquidated Damages: $250.00 per day All of the bid items listed in Section 00 42 10 — Proposal shall be completed by the Substantial Completion Date. The Project Manual may be examined at the office of the City Clerk. Copies thereof and blank forms may be secured at the office of Technographic, a division of Rapids Reproductions located at 415 Highland Ave, Suite 100, Iowa City, Iowa 52240, Phone: (319) 354-5950, Fax: (319) 354- 8973, Toll -Free: (800) 779-0093. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Inspections and Appeals at (515) 281-5796 and the Iowa Department of Transportation Contracts Office at (515) 239-1422. Bidders shall list on the Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall list on the Contract its subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must 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 Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Posted upon order of the City Council of Iowa City, Iowa. KELLIE GRACE, CITY CLERK FILED JAN Y ��� Prepared by Joe Welter, Engineering Division, 410 East Washington Street, Iowa City, Iowa 52240 (319) 356-5144 Resolution No. 24-41 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the 2024 Parking Garage Maintenance and Repairs Project Whereas, Fisher Building Services, Inc. of Omaha, Nebraska has submitted the lowest responsive, responsible bid of $369,435.00 for construction of the above -named project; and Whereas, funds for this project are available in the Parking Facility Restoration Repair, Account Number T3004. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The contract for the construction of the above -named project is hereby awarded to Fisher Building Services, Inc. of Omaha, Nebraska, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above -named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer and City Manager are authorized to execute change orders according to the City's Purchasing Policy as they may become necessary in the construction of the above -named project. Passed and approved this 20th. Attest day of February , 20 24 yo Approved by City Clerk It was moved by salih adopted, and upon roll call there were: Ayes: ►0, X X X X X X and seconded by Nays: Z/�,---� City Attorn 's Office (Liz Craig - 02/14/2024) Alter the Resolution be Absent: Alter Bergus Dunn Harmsen Moe Salih Teague 00 52 10 AGREEMENT 2024 PARKING GARAGES MAINTENANCE AND REPAIR PROJECT CITY OF IOWA CITY THIS AGREEMENT is made and entered into by and between the City of Iowa City, Iowa ("City"), and Fisher Building Services, Inc. of Omaha, Nebraska ("Contractor"). WHEREAS the City has prepared certain Contract Documents dated the 11th day of December, 2023, for the 2024 PARKING GARAGES MAINTENANCE AND REPAIR PROJECT ("Project"), and WHEREAS, the City publicly solicited bids for construction of said Project; and WHEREAS, Contractor submitted a bid on the Project described in said Project Manual; and WHEREAS, the parties hereto now wish to enter into this agreement for thy=°construction of said Project. 1 yX) ...::... NOW, THEREFORE, IT IS AGREED: 1. The Contractor hereby agrees to perform the Project for the. sums:+6ted , i►1 'its Proposal including the total extended amount of $369,435,P,whicttLr sums. are incorporated herein by this reference. 2. This Agreement consists of the Contract Documents, as defined in the Section 00 72 00 General Conditions, 1.1.1, and the following additional component parts which are incorporated herein by reference: a. Contractor's Completed Bidder Status Form; pursuant to Section 00 43 05 attached hereto; and b. Contractor's Completed Contract Compliance Program (Anti - Discrimination Requirements) Assurance, if applicable, pursuant to Section 00 45 10, attached hereto; and C. Contractor's Completed Wage Theft Affidavit, if applicable, pursuant to Section 00 45 20, attached hereto. The above components are deemed complementary and what is called for by one shall be as binding as if called for by all. In the event of a discrepancy or inconsistency, the more specific provision shall prevail. 2024 Parking Garages Maintenance and Repair Project 00 52 00 — Page 1 of 2 3. The names of those persons, firms, companies or other parties, acknowledged by the City, with whom we intend to enter into a subcontract, together with the type of subcontracted work and approximate dollar amount of the subcontract, are as follows (or shown on an attachment): NAME OF SUBCONTRACTORS TYPE OF WORK /OcA n Mi�'Pe'144 APPROXIMATE COSTS ' 3a� aa� -4r, DATED this =-74h day of 17 )a r [ , 20 (The City of Iowa City will date this Contract after all signatures are obtained) city fk- BY: Signature of City Official �cuC-L I -ea Printed Name o City Official ATTEST: n - B Cit Clerk (f�ForrT�lProjects only) APPROVED BY: City Attorney's Office�3���1,t of Contractor off i: er Pr ted Name of Contractor Officer ID�C- 5► l7C—y 1 C �O Title of Contractor Officer ATTEST: B (Company Official) 2024 Parking Garages Maintenance and Repair Project 00 52 00 - Page 2 of 2 00 43 05 BIDDER STATUS FORM All bidders must submit the following completed form to the governmental body requesting bids per 875 Iowa Administrative Code Chapter 156. To be completed by all bidders Part A K Yes ❑ No My company is authorized to transact business in Iowa. (To help you determine ifyour company is authorized, please review the Worksheet: Authorization to Transact Business). ❑ Yes JI No My company has an office to transact business in Iowa. ❑ Yes K No My company's office in Iowa is suitable for more than receiving mail, telephone calls, and e-mail. 9Yes ❑ No My company has been conducting business in Iowa for at least 3 years prior to the first request for bids on this project. IN Yes ❑ No 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. If you answered "Yes" for each question above, your company qualifies as a resident bidder. Please complete Parts B and D of this form. If you answered "No" to one or more questions above, your company is a non-resident bidder. Please complete Parts C and D of this form. To be completed by resident bidders Part B Dates: (mm/dd/yyyy) Dates: to (mm/dd/yyyy) Dates: to (mm/dd/yyyy) You may attach additional sheet(s) if needed. Address: City, State, Zip Code: Address: City, State, Zip Code: Address: City, State, Zip Code: a n ti ?—{ N: d cm ro To be completed by non-resident bidders Part C 1. Name of home state or foreign country reported to the Iowa Secretary of State: �eLra� ka 2. Does your company's home state or foreign country offer preference to bidders who are residents? ❑ Yes OK 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. To be completed by all bidders Part D 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. Firm Name: Signature: !6 2024 Parking Garages Maintenance and Repair Project 00 43 05 — Page 1 of 2 SECTION II - ASSURANCE OF COMPLIANCE The following sets forth the minimum requirements of a satisfactory Equal Employment Opportunity Program which will be reviewed for acceptability. PLEASE RETURN PAGES 2 THROUGH 3 OF THIS SECTION TO THE CONTRACTING DEPARTMENT PRIOR TO THE EXECUTION OF THE CONTRACT. With respect to the performance of this contract, the contractor, consultant or vendor agrees as follows: (For the purposes of these minimum requirements, "contractor" shall include consultants and vendors.) The contractor will not discriminate against any employee or applicant for employment and will take affirmative efforts to ensure applicants and employees are treated during employment without regard to their age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex, or sexual orientation. Such efforts shall include, but not be limited to the following: employment, promotion, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that it is an equal opportunity employer. Note: Contracts that are federally funded are subject to Executive Order No. 11246, as amended, and the regulations (see generally 29 U.S.C. § 1608 et seq.) and relevant orders of the U.S. Secretary of Labor. The Secretary of Labor, and not the City, enforces said regulations and orders. 3. Provide a copy of your written Equal Employment Opportunity policy statement. Where is this statement posted? u An el n ►r emdavee kandbeek. W4 �. 4. What is the name, telephone number and address of your business' Equal Erxploym Opportunity Officer? CQ �. (Please print) _ Fiket- c.n f'd 93/ Phone Number Street Address Ne /kR 13 7 � 'City, State, Zip Code 2024 Parking Garages Maintenance and Repair Project 00 45 10 — Page 2 of 6 5. The undersigned agrees to display, in conspicuous places at the work site, all posters required by federal and state law for the duration of the contract. NOTE: The City can provide assistance in obtaining the necessary posters. 6. How does your business currently inform applicants, employees, and recruitment sources (including unions") that you are an Equal Employment Opportunity employer? f Q/%11OAVC�/Cfl AMA A, aut PAC: 4 4et The above responses are true and correctly reflect our Equal Employment Opportunity policies. Print Name LIO, - 3 ?7- 3 f3 f Phone Number �rta7�: 1 621d"111(r Title �D w 20 Date• as E5 y:» M N3 2024 Parking Garages Maintenance and Repair Project 00 45 10 — Page 3 of 6 Part 1 — General Employment Policies and Practices Equal Employment Opportunity The Company is an equal opportunity employer. We will extend equal opportunity to all individuals without regard to race, religion, color, sex (including pregnancy, sexual orientation and gender identity), national origin, disability, age, genetic information, or any other status protected under applicable federal, state, or local laws. Our policy reflects and affirms the Company's commitment to the principles of fair employment and the elimination of all discriminatory practices. Details of our equal employment opportunity policies are further explained in Part 2. Part 2 —Anti-Discrimination & Harassment',PQ Discrimination Is Prohibited c„ The Company is an equal opportunity employer and makes all employment decisions *Vhout regard to race, religion, color, sex (including pregnancy, sexual orientation and gender identity), national origin, disability, age, genetic information, or any other status protected under applicable federal, state, or local laws. This policy applies to all terms and conditions of employment, including but not limited to, hiring, placement, promotion, termination, layoff, recall, transfer, leaves of absence, benefits, compensation and training. We seek to comply with all applicable federal, state and local laws related to discrimination and will not tolerate the interference with the ability of any of the Company's employees to perform their job duties. The Company makes decisions concerning employment based strictly on an individual's qualifications and ability to perform the job under consideration, the comparative qualifications and abilities of other applicants or employees, and the individual's past performance within the organization. If you believe that an employment decision has been made that does not conform with management's commitment to equal opportunity, you should promptly bring the matter to the attention of your immediate supervisor, designated manager, or Human Resources. Your complaint will be promptly, thoroughly and impartially investigated. There will be no retaliation against any employee who files a complaint in good faith, even if the result of the investigation produces insufficient evidence to support the complaint. WAGE THEFT AFFIDAVIT I, ENC , certify under penalty of perjury and pursuant to the laws o he St; of Iowa that the following is true and correct: 1. 1 am the PrC�t DC�T � C-60 [position] of4;pe--1 �Ul�D��✓ �t�jPvtc'Es, l�L [` contracting entity"] and have the authority to execute this affidavit on behalf of said contracting entity and any person or entity with an ownership interest in said contracting entity of more than 25%. 2. Neitherri,C4 Tau raDiNb �!l'f��c65, lyG["contra cting entity"] nor any person or entity with an ownership interest of more than 25% of said contracting entity has been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repeated or willful violation of the Iowa Wage Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act or any comparable state statute or local ordinance, which governs the payment of wages in the last 5 years. Signature r .r M ^+ CA i3 2024 Parking Garages Maintenance and Repair Project 00 45 20 — Page 3 of 3 Bond No. 2351094 0061 10 PERFORMANCE, PAYMENT, AND MAINTENANCE BOND 2024 PARKING GARAGES MAINTENANCE AND REPAIR PROJetT.v„. CITY OF IOWA CITY t - -t , ,J :..., KNOW ALL BY THESE PRESENTS: 5 That we, Fisher Building Services, Inc. of Omaha, Nebraska, as Principal (her Wafter the "Contractor' or "Principal") and Swiss Re Corporate Solutions America Insurance Corporation asr&rety are held and firmly bound unto City of Iowa City, Iowa, as Obligee (hereinafter referred to as "the Jurisdiction"), and to all persons who may be injured by any breach of any of the conditions of this Bond in the penal sum of three hundred sixty-nine thousand four hundred thirty-five dollars ($369,435.00), lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly or severally, firmly by these presents. The conditions of the above obligations are such that whereas said Contractor entered into a contract.I with the Jurisdiction, bearing date the _)� day of lei(hereinafter the "Contract") wherein said Contractor undertakes and agrees to construc the following described improvements: The Project will involve the following: sealant replacement, concrete repairs, FRP wrap, weld tie repairs, painting, membrane replacement, steel stair improvements, and other miscellaneous repairs at the Capitol Street Parking Ramp. To faithfully perform all the terms and requirements of said Contract within the time therein specified, in a good and workmanlike manner, and in accordance with the Contract Documents. It is expressly understood and agreed by the Contractor and Surety in this bond that the following provisions are a part of this Bond and are binding upon said Contractor and Surety, to -wit: PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill, and abide by each and every covenant, condition, and part of said Contract, by reference made a part hereof, for the above referenced improvements, and shall indemnify and save harmless the Jurisdiction from all outlay and expense incurred by the Jurisdiction by reason of the Contractor's default of failure to perform as required. The Contractor shall also be responsible for the default or failure to perform as required under the Contract and Contract Documents by all its subcontractors, suppliers, agents, or employees furnishing materials or providing labor in the performance of the Contract. 2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just claims submitted by persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the performance of the Contract on account of which this Bond is given, including but not limited to claims for all amounts due for labor, materials, lubricants, oil, gasoline, repairs on machinery, equipment, and tools, consumed or used by the Contractor or any subcontractor, wherein the same are not satisfied out of the portion of the contract price the Jurisdiction is required to retain until completion of the improvement, but the Contractor and Surety shall not be liable to said persons, firms, or 2024 Parking Garages Maintenance and Repair Project 00 61 10 — Page 1 of 4 corporations unless the claims of said claimants against said portion of the contract price shall have been established as provided by law. The Contractor and Surety hereby bind themselves to the obligations and conditions set forth in Chapter 573 of the Iowa Code, which by this reference is made a part hereof as though fully set out herein. 3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own expense: A. To remedy any and all defects that may develop in or result from work to be performed under the Contract within the period of two years (2) from the date of acceptance of the work under the Contract, by reason of defects in workmanship or materials used in construction of said work; B. To keep all work in continuous good repair; and C. To pay the Jurisdiction's reasonable costs of monitoring and inspection to assure that any defects are remedied, and to repay the Jurisdiction all outlay and expense incurred as a result of Contractor's and Surety's failure to remedy any defect as required by this section. 4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: A. To consent without notice to any extension of time to the Contractor in VIch to perform the Contract; B. To consent without notice to any change in the Contract or Contract Documents, which thereby increases the total contract price and the penal sum` of tl�ks bond, provided that all such changes do not, in the aggregate, involve an increase ;:of more than 20% of the total contract price, and that this bond shall "then be released as to such excess increase; and C. To consent without notice that this Bond shall remain in full force and 4 fect until the Contract is completed, whether completed within the specified cont(a'tt period, within an extension thereof, or within a period of time after the contract period has elapsed and the liquidated damage penalty is being charged against the Contractor. D. That no provision of this Bond or of any other contract shall be valid that limits to less than two years (2) after the acceptance of the work under the Contract the right to sue on this Bond. E. That as used herein, the phrase "all outlay and expense" is not to be limited in any way, but shall include the actual and reasonable costs and expenses incurred by the Jurisdiction including interest, benefits, and overhead where applicable. Accordingly, "all outlay and expense" would include but not be limited to all contract or employee expense, all equipment usage or rental, materials, testing, outside experts, attorneys fees (including overhead expenses of the Jurisdiction's staff attorneys), and all costs and expenses of litigation as they are incurred by the Jurisdiction. It is intended the Contractor and Surety will defend and indemnify the Jurisdiction on all claims made against the Jurisdiction on account of Contractor's failure to perform as required in the Contract and Contract Documents, that all agreements and promises set forth in the Contract and Contract Documents, in approved change orders, and in this Bond will be fulfilled, and that the Jurisdiction will be fully indemnified so that it will be put into the position it would have been in had the Contract been performed in the first instance as required. 2024 Parking Garages Maintenance and Repair Project 00 61 10 — Page 2 of 4 In the event the Jurisdiction incurs any "outlay and expense" in defending itself against any claim as to which the Contractor or Surety should have provided the defense, or in the enforcement of the promises given by the Contractor in the Contract, Contract Documents, or approved change orders, or in the enforcement of the promises given by the Contractor and Surety in this Bond, the Contractor and Surety agree that they will make the Jurisdiction whole for all such outlay and expense, provided that the Surety's obligation under this bond shall not exceed 125% of the penal sum of this bond. In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that the venue thereof shall be Johnson County, State of Iowa. If legal action is required by the Jurisdiction to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of the Jurisdiction, the Contractor and the Surety agree, jointly, and severally, to pay the Jurisdiction all outlay and expense incurred therefor by the Jurisdiction. All rights, powers, and remedies of the Jurisdiction hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers, and remedies given to the Jurisdiction, by law. The Jurisdiction may proceed against surety for any amount guaranteed hereunder whether action is brought against the Contractor or whether Contractor is joined in any such action(s) or not. NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully perform all the promises of the Principal, as set forth and provided in the Contract and in this Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first as defined in this Bond and the Contract; second, if not defined in the Bond or Contract, it shall be interpreted or construed as defined in applicable provisions of the Iowa Code; third, if not defined in the Iowa Code, it shall be interpreted or construed according to its generally accepted meaning in the construction industry; and fourth, if it has no generally accepted meaning in the construction industry, it shall be interpreted or construed according to its common or customary usage. Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not limit liability hereunder. The Contract is hereby made a part of this Bond. 2024 Parking Garages Maintenance and Repair Project 00 61 10 — Page 3 of 4 PRINCIPAL: Fisher Building Servi Ts, Inc. Printe ai e rContractor Officer S' Pt re of Contractor Officer Title of Contractor Officer SURETY: Swiss Re Corporate Solutions America Insurance Corporation Surety Company Name By ( ( 1.1 IVY P -K_ 0l1 Signature of Attorney -in -Fact Maura P. Kelly Printed Name of Attorney -in -Fact OHM First Insurance Group, LLC dba FNIC Company Name of Attorney -in -Fact 14010 FNB Parkway, Suite 300 Company Address of Attorney -in -Fact Omaha, NE 68154 City, State, Zip Code of Attorney -in -Fact 402-861-7000 Telephone Number of Attorney -in -Fact 4 h) 2024 Parking Garages Maintenance and Repair Project 00 61 10 — Page 4 of 4 SWISS RE CORPORATE SOLUTIONS SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ("SRCSAIC") SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION ("SRCSPIC") WESTPORT INSURANCE CORPORATION ("WIC') GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT SRCSAIC, a corporation duly organized and existing under laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, and SRCSPIC, a corporation organized and existing under the laws of the State of Missouri and having its principal office in the City of Kansas City, Missouri, and WIC, organized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, each does hereby make, constitute and appoint: DAVID A. DOMINIANI, JOAN LEU, MAURA P. KELLY, SHARON K. MURRAY, JACQUELINE L. DREY, and DUSTIN COOPER JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TWO HUNDRED MILLION ($200,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th of November 2021 and WIC by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Managing Director, any Senior Vice President, any Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is, authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Corporation when so affixed and in the future with regard to anv bond, undertaking or contract of surety to' w-$ich it is attached." s J NSAA#rrr:, , s JaaASPRE�/ �\O M o\ ........ 0 .OpP 0 RAT •��: C.01% BySEAL SEAL%•' Erik Janssens Senior Vice President of SRCSAIC &Senior Vice President Wm = _m of SRCSPIC & Senior Vice President of WIC 0to^ic�;'.,;;Irfs .I. o, . 4�j''••......••' 1,, By.yej*a %i, S*N a• GeraldJagrowski,VicePresidentofSRCSAIC&Vice President ofSRC,�" 14;:'� & Vice President of WfC IN WITNESS WHEREOF, SRCSAIC, SRCSPIC, and WIC have caused their official seals to be hereunto affixed, and tyrese presegtjfo be signed by their authorized officers f\ ) this 10 day of NOVEMBER 20 22 Swiss Re Corporate Solutions America Insurance Corporation State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation County of Cook Westport Insurance Corporation On this 10 day of NOVEMBER 20 22 , before me, a Notary Public personally appeared Erik Janssens , Senior Vice President of SRCSAIC and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gerald Jagrowski , Vice President of SRCSAIC and Vice President of SPCSPIC and Vice President of WIC, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL CHRISTINA MAMspO ttc, WTAW PUBSTATE Or LL!lOE CartarJs�aa Erykeg Mmit I, Jeffrey Goldberg, the duly elected Senior Vice President and Assistant Secretary of SRCSAIC and SRCSPIC and WIC, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said SRCSAIC and SRCSPIC and WIC, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this day of , 20 Jeffrey Goldberg, Senior Vice President & Assistant Secretary of SRCSAIC and SRCSPIC and WIC i � 1 a 0 ENGINEER'S REPORT CITY OF IOWA CITY 410 East Washiumn Street October 28, 2025 Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 50091?,l City Clerk www.icgov.org � Iowa City, Iowa Re: 2024 Parking Garages Maintenance and Repair Project Dear City Clerk: I hereby certify that the construction of the 2024 Parking Garages Maintenance and Repair Project has been completed by Fisher Building Services, Inc. of Omaha, Nebraska in substantial accordance with the plans and specifications prepared by Shive-Hattery, Inc. of Iowa City, Iowa. The project was bid as a unit price contract, and the final contract price is $656,786.34. There were seven (7) change orders on this project, as described below: Change Order Description 1. Separate work items for weld tie repair with sealant and membrane to account for lower amount of weld tie repairs needed 2. Additional' drip edge with sealant installed on Level 1 and revised approach to steel angle replacement in the stair tower 3. Revised installation for the expansion joint and flashing outside of the Level 5 Stair Tower 4. Carbon fiber t-biscuit installation at missing embeds at weld tie locations; bracing and shoring for support of damaged tee stem locations; extra quantities for horizontal spall repairs, joint sealant with membrane, weld tie repairs, epoxy filler with membrane; and reduce quantity of removal of membrane 5. More complex tee stem repairs than originally designed at five locations and additional fiberglass reinforced plastic (FRP) wrap at seven locations 6. Additional vertical/overhead spall repairs and repair of a barrier wall and cables on Level 1 7. Final quantities on the tee stem repairs TOTAL Net Contract Chanae -$1.84 $10,889.90 -$1,254.30 $66,607.58 $175,755.00 $3,665.00 $31,690.00 $287,351.34 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, P.E. City Engineer �,f Prepared by: Joe Welter, Engineering Division, Public Works, 410 East Washington Street, Iowa City, IA 52240 (319) 356-5144 Resolution No. 25-257 Resolution accepting the work for the 2024 Parking Garages Maintenance and Repair Project Whereas, the Engineering Division has recommended that the work for construction of the 2024 Parking Garages Maintenance and Repair Project, as included in a contract between the City of Iowa City and Fisher Building Services, Inc. of Omaha, Nebraska, dated March 27, 2024, be accepted; and Whereas, the Engineer's Report and the Performance, Payment and Maintenance Bond have been filed in the City Clerk's office; and Whereas, funds for this project are available in the Parking Facility Restoration Repair account # T3004; and Whereas, the final contract price is $656,786.34. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 3rd day of November , 20 25 Mayor Attest: Ec.C�Q J City derk It was moved by salih and seconded by adopted, and upon roll call there were: Ayes: Nays: Approved by City AftorneO Office (Liz Craig—10/30/2025) Moe the Resolution be Absent: Alter Bergus Harmsen Moe Salih Teague Weilein