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HomeMy WebLinkAboutSOLARIUM REPLACEMENT/MERCER PARK AQUATIC CTR/200901411 wam"'kil 1H tol REPLACEMENT/ MERCER PARK AQUATIC R 2009 �W9 -n/av- 1, OC- 07 9 rp- 1 i" t- pLk61'rc- Aeae� d I�esolw�;o. a9 -3b set};,. Q �u 6�; e egr'nc� I* J �er / arm9 �(?n CW c°s/" / -EE>r �lw CahS U.G ti B'>^- vf 7 So �ari , �n.cerr-,f rwY 1RQp 'i C112t r''riS�4 mLV�?' TOf _L2,.45 TZzsalw Ao. o9-5-93 aTrov',ng FAME. ' p,,z; ;ke l_er ter So�ar,u t�se men+ '?rbJeC4, P IL j; --s k" v{ Rr-D' r,+ _I A,_� $2C kri �y -Ea_ QfCOMPA ^y_ b.,4 -- gljev ;semev�- Ae � -�s, �ir /,n� - (iitte nc� plod- yr Ce—ce,,P4 o-r' - I rr IL - -- I - _ 1 Jo t s� �t kV `',� -Aegrt " nn -- �idUe✓ �iSCw�n� - �v✓'.� -- I- ro�7°I o��1', r���o�a, So lC�r;µ I�ePlace� en i� /Ylercer I�arIC �g"af:c C-4�. �9 1iM- /d �e5al I.� � f0-1b R�Jdv d r� Cd/n��r�CT ,r\GCJOr !� S: ty CI�rK �D For cons�ruc��� o-P 44 L Pll�,trcer SoIa.r:µ. 'I�ef�aceme�.� -pro , �, , a.- �i'�es-rt- cc eor,�rxc� o f 1'c e1711 �'GZy�� 11-1160 ( , /95 a CCP -(4i n jc -.—{� Z) Dv 1� --iw, ZLAc Werce�. 'Pav� 4t"cL- 1 Cfr4cv .lSohrjjkn -, Pro�e��. NEUMANN MONSON ARCHITECTS A PROFESSIONAL CORPORATION 221 E. College St. Suite 303 Iowa City, IA 52240 phone 319- 338 -7878 fax 319- 338 -7879 DATE: November 24, 2009 FROM: Jessica Bristow RE: Mercer Park Aquatic Center Solarium Replacement Project PROJECT NO.: 09.097 TO: City of Iowa City, City Clerk FAX: WE TRANSMITTED THE DOCUMENTS DESCRIBED BELOW BY: OTHER Find enclosed one set of project documents for the Mercer Park Aquatic Center Solarium Replacement Project. These documents are delivered for the public hearing. NOTE: IF THE ITEMS YOU RECEIVED DO NOT MATCH THE ABOVE DESCRIPTION, PLEASE/ NOTIFTY THE SENDER. VMACTIVEprojects\ 2009 Projects \09097 Mercer Park Aquatic\File Cabinet \B01 - owner \TransmRtals\public hearing.docx MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa TO BIDDERS: 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 WITHIN THE BACK COVER OF THIS DOCUMENT. 2. ALL BLANKS TO BE COMPLETED. 3. ONLY BIDS ON THESE FORMS WILL BE ACCEPTED. FORM OF PROPOSAL MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT CITY OF IOWA CITY Name of Bidder: Address of Bidder: BIDS RECEIVED BEFORE: 2:00 PM local time on Thursday, January 7, 2010 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, materials and equipment, all supervision, coordination, and all related incidentals necessary to perform the work to complete MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT in strict accordance with the Project Manual and the Drawings dated NOVEMBER 23, 2009, including Addenda numbered and , inclusive, prepared by Neumann Monson Architects PC., for the Base Bid Lump Sum of: BASE BID Dollars The undersigned bidder submits herewith bid security in the amount of $ ten percent (10 %) of the Base Bid amount. FP -1 �(TI 3 diq Dvi 0 FP -1 A� MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa The following names of those persons, firms, companies or other parties with whom we intend to enter into a major subcontract, together with the type of subcontracted work and approximate dollar amount of the subcontract. This list will not be read at the Bid Opening. Carpentry: HVAC: Plumbing: Temp. Control: Electrical: Concrete ramp: Paint: C U" (mil t' -•Ci L'I ('1 NOTE: All subcontractors are subject to approval by 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 FP -2 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa May 17, 2010. Firm: Signature: Printed Name: Title: Address: Phone: Contact: FP -3 CITY OF IOWA CITY DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION PLANS, SPECIFICATIONS, PROPOSAL AND CONTRACT ! _I FOR THE MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT 4� IOWA CITY, IOWA c y �n O BLANK PAGE- MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa PROJECT TITLE PAGE PROJECT MANUAL FOR DEPARTMENT OF PUBLIC WORKS, ENGINEERING DIVISION IOWA CITY, IOWA ISSUE DATE: NOVEMBER, 2009 NM PROJECT NO: 09.097 AN IOWA STATE TAX EXEMPT PROJECT THIS PROJECT MANUAL INCLUDES PROCUREMENT REQUIREMENTS CONTRACTING REQUIREMENTS TECHNICAL SPECIFICATIONS PREPARED BY NEUMANN MONSON ARCHITECTS PC 221 East College Street, Suite 303 Iowa City, IA 52240 TP -1 C? C? ;r - m r y r -� .r- 47 O C: l ti G1Ox110h -BLANK PAGE- MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa 1% rr ,1,t llll)�rr,rr 2101 p' r0"'01NAL P` 1 11N I hereby certify that the portion of this technical submission described herein was prepared by me or under my direct supervision and responsible charge. I am a duly registered Architect under the laws of the State of Iowa. KEVIN W. MONSON �gw' a Dare Regislrotion expires June 30, 2011 Pageeor.b to mxrebby VOeval: Divisions 0 — 4 SecRnn 07 9005 Division 8. Section 13 3413 Dole issued: SP -1 1 • om i G1 r- O. i.. r, n MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa TABLE OF CONTENTS INTRODUCTORY INFORMATION TITLE PAGE TP - 1 SEALS PAGE SP - 1 TABLE OF CONTENTS TOC — 1, 2 PROCUREMENT REQUIREMENTS NOTICE OF PUBLIC HEARING NP - 1 ADVERTISEMENT FOR BIDS AB —1, 2 NOTICE TO BIDDERS NB —1, 2 INSTRUCTIONS TO BIDDERS IB —1 thru 7 FORM OF PROPOSAL FP— 1, 2 BID BOND BB - 1 RESTRICTION ON NON - RESIDENT BIDDING R-1 CONTRACTING REQUIREMENTS FORM OF AGREEMENT AG -1 PERFORMANCE AND PAYMENT BOND PB - 1 CONTRACT COMPLIANCE (ANTI- DISCRIMINATION CC —1 thru 7 REQUIREMENTS) GENRAL CONDITIONS GC - 1 SUPPLEMENTARY CONDITIONS SC — 1 thru 5 SPECIAL CONDITIONS SP - 1 SUMMARY 01 1000 SUMMARY ........... ............................... 2 ; PRICE AND PAYMENT PROCEDURES i 012000 PRICE AND PAYMENT PROCEDURES .................. . 3 ADMINISTRATIVE REQUIREMENTS 01 3000 ADMINISTRATIVE REQUIREMENTS ....................... 5 01 3300 CONSTRUCTION SUBMITTALS ........................... 3 QUALITY REQUIREMENTS 014000 QUALITY REQUIREMENTS TOC -1 2 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa TEMPORARY FACILITIES AND CONTROLS 01 5000 TEMPORARY FACILITIES AND CONTROLS ..... I ............ 2 PRODUCT REQUIREMENTS 01 6000 PRODUCT REQUIREMENTS ............................. 3 EXECUTION AND CLOSEOUT REQUIREMENTS 01 7300 EXECUTION REQUIREMENTS ........................... 6 01 7700 CLOSEOUT PROCEDURES ............................. 4 DIVISION 02 - EXISTING CONDITIONS 024100 DEMOLITION ......... ............................... 2 DIVISION 03 - CONCRETE 033000 CAST -IN -PLACE CONCRETE ........................... 4 DIVISION 07 - THERMAL AND MOISTURE PROTECTION 079005 JOINT SEALERS ...... ............................... 3 ,DIVISION 08 - OPENINGS 081116 ALUMINUM DOORS AND FRAMES ........................ 4 088000 GLAZING ............ ............................... 3 DIVISION 13 - SPECIAL CONSTRUCTION 133413 GLAZED STRUCTURES I0[L•VI91k, Lei Ik' 1 »N 9 G -001 TITLE SHEET AND DRAWING INDEX AS -101 SITE PLAN, ARCH SYMBOLS, AND ABBREVIATIONS A -101 ENLARGED FLOOR PLAN AND DEMOLITION PLAN A -201 EXTERIOR ELEVATIONS A -301 SOLARIUM SECTION A -501 SILL DETAILS A -502 SOLARIUM DETAILS A -503 SOLARIUM DETAILS TOC -2 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa A -601 DOOR DETAILS AND INFORMATION TOC -3 c: �n TOC -3 -BLANK PAGE- NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT 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 plans, specifications, form of contract and estimated cost for the construction of the Mercer Park Aquatic Center Solarium Replacement Project In said City at 7:00 p.m. on the 14" day of December, 2009, said meeting to be held in the Emma J. Harvat Hall In City Hall In said City, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Said plans, specifications, form of contract and estimated cost are now on file in the office of the City Clerk in 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 plans, specifications, contract 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. MARIAN K. KARR, CITY CLERK pweng\nphwieroerSola dum- nph.doc -_- I11 U c? kn -BLANK PAGE- ADVERTISEMENT FOR BIDS MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, before 2:00 P.M. on the 7'h day of January, 2010. Seated proposals will be opened immediately thereafter by the City Engineer or designee. 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 its next regular meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 120' day of January, 2010, or at a special meeting called for that purpose. The Project will involve the following: The project consists of the removal of the existing solarium on south side of Mercer Park Aquatic Center and construction of new replacement solarium. There will be a pre -bid conference on Tuesday, December 22 at 10:00 a.m. local time in the Procter and Gamble Room in Mercer Aquatic Center, 2701 Bradford Drive. All work Is to be done In strict compliance with the plans and specifications prepared by Neumann Monson Architects, of Iowa City, Iowa, which have 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 accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond 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 falls to enter into a contract within ten (10) calendar days and post bond satisfactory to the City 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. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabula- tion of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100 %) of the contract price, said bond to be Issued by a responsible surety approved by the City Council, and shall guarantee the 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 one (1) year(s) from and after its com- pletlon and formal acceptance by the City. The following limitations shall apply to this Project: Specified Start Date: Start date is when new solarium and glass is on site. The existing solarium must not be removed until the new can be installed and completed within 30 days. Liquidated Damages: $500 per day Substantial Completion: May 17, 2010 Final Completion: June 15, 2010 The plans, specifications and proposed contract documents may be examined at the office of the City ClbrR. Copies of said plans and specifications and form of proposal blanks may be secured at the Office Of Technigraphics of 125 South Dubuque Street, Iowa City, Iowa 52240, 319 -354 -5950 by bona fide bidders, ._ A $50.00 non - refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Technigraphics. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. Bidders shall list on the Form of 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 submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. if no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242 -4721. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced FIN within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK pmNladbldsftTmrSoladum.doC 6t07 R -2 w 1O UZ 0 C..I R -2 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa NOTICE TO BIDDERS Sealed Bids will be received at the Office of the City Clerk, until the time and date specified below. 1. BID DOCUMENTS: Copies of plans, specifications and form of proposal blanks may be secured at the Office of: Technigraphics 125 S Dubuque St Iowa City, IA 52240 FILED (319) 354 -5950 (phone) /O: /w NOV 24 ?nog A $50.00 refundable fee is required for each set of bid documents. City clerk Iowa City, Iowa 2. ADDRESS BIDS TO: Attention of the City Clerk's Office, City Hall, 410 E. Washington St., Iowa City, IA 52240 -1826, on or before the bid opening local time and date specified below. Bids shall be sealed and clearly marked on the front: " Mercer Park Aquatic Center Solarium Replacement Project' Bid submittals are: Envelope 1: Bid Bond Envelope 2: Form of Proposal 3. BIDS DUE: All bids must be received by the City Clerk's office (date and time stamped) before: 2 p.m., Thursday, January 7th, 2010. FAXED Bids will not be accepted. 4. BID OPENING: following bid due date and time in the Emma Harvat Hall Council Chambers, City Hall, 410 E Washington St., Iowa City, IA. The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the bidder. Similarly, the City is not responsible for, and will not open, any bid responses which are received later than the date and time stated above. 5. BONDS AND INSURANCE: Insurance is required, as specified in General Conditions S -4. Bid security and performance bond is required. 6. REFERENCES : The successful bidder and all subcontractors are required to submit at least 4 days prior to award three 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 may be denied based on past experience on projects with the City of Iowa City. References shall be addressed to the staff member listed below and include the name, NB -1 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa address and phone number of the contact person, for City verification. 7. PREBID CONFERENCE: A Pre -Bid Conference will be held on: Tuesday, December 22, 2009 at 10:00 A.M. local time. In the Proctor and Gamble room In Mercer Aquatic Center, 2701 Bradford Drive, Iowa City, Iowa Parking: Parking is available, neighboring the site. Please review the following Request for Bid before attending the Pre -Bid Conference. 8. QUESTIONS: All questions and clarifications regarding this Request for Bid can be answered before Monday, January 4, 2010, by contacting the person listed below: Project Plans and Specifications Contact: Jessica Bristow Neumann Monson Architects, PC 221 E. College #303 Iowa City, IA 52240 JBristow cbneumannmonson.com 319 - 338 -7878 City Contact re. Bid procedure: Kum! Morris Architectural Services Coordinator 410 East Washington Street Iowa City, IA 52240 kumi- morriseiowa- city.ora (319) 356 -5044 9. NOTE TO ANSWERS: All questions will be addressed in a single document and sent to all bid document holders. Nov 42 f City Clergy Iowa City, loon Ima MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT N���JE� Public Works, Iowa City, Iowa L NOV 24 P0Q9 INSTRUCTIONS TO BIDDERS city Clerk Iowa City, Iowa 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, Instructions to Bidders, the Bid Form, 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, the Conditions of the Contract (General and 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 ", 1997 edition, or in other Contract Documents are applicable to the bidding documents. 2.1 2.2 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 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. The Bidder has read and understands the bidding documents or contract documents, to I 'C�t MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa 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. ARTICLE 3 — BIDDING DOCUMENTS 3.1 Copies A. Complete sets of the bidding documents may be obtained from the office of the Architect for the deposit sum as indicated. The deposit will be refunded to plan holders who return the bidding documents in good condition within 30 days after receipt of bids. The cost of replacement of missing or damaged documents will be deducted from the deposit. A bidder receiving a contract award may retain the bidding documents, and his deposit will be refunded. Successful sub - bidders, including material suppliers, may retain their bidding documents, and their deposit will be refunded if the Architect receives written notification within the 30 calendar day period following receipt of bids. 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. 0: 51 Nov 2 4 20 deck IB -2 � -q City. ty Tows , Iowa MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa 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. 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. Refer to AIA Substitutions form for substitution requirements. 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 seven (7) 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. ARTICLE 4 —BIDDING PROCEDURES 4.1 Form and Style of Bids A. Submit bids in duplicate on forms identical to the form bound into the project manual. Separate copies of the bid form are contained within the back cover of 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. IRLEB /o,151- IB -3 NOV 241009 City Clerk Iowa City, Iowa MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa E. All requested alternates shall be bid. If no change in the base bid is required, enter "No Change ". 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 bidders 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 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. 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. A cashiers check, cash or certified check will not be an accepted bid bond. B. Surety bond shall be written on enclosed "Bid Bond" form 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 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 as instructed in Section NB — Note to Bidders. Both 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, py the sealed envelopes shall be enclosed in a separate mailing envelope with the notation "SEALED BID ENCLOSED" on the face of that envelope. lQ-- NOV 2 4 2009 City Clerk 113-4 Iowa City, Iowa MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa B. 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, Iowa City, Iowa 52240 2. Time and Date: Before 2 P.M. on the 74h day of January 2010. Bids received after the time and date for receipt of bids will be returned unopened. C. The bidder shall assume full responsibility for timely delivery at the location designated for receipt of bids. D. Oral, telephonic, or telegraphic bids are invalid and will not receive consideration. 4.4 Modification or Withdrawal of Bid A. A bid may not be modified, withdrawn or canceled the bidder after the stipulated time and date designated for the receipt of bids, and each bidder so agrees in submitting his 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 over the signature of the bidder or by telegram. If by telegram, written confirmation over the signature of the bidder shall 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 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. I8-5 NOV 24 2009 City Clerk Iowa City, Iowa MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa 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. 1 31I[d11;V22111Z0l ] aIl7la;101V NEI YUP1 6.1 Submittals A. 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. 3. A list of names of the subcontractors or other persons or entities proposed for the principal portions of the work. B. 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. C. 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 bidders 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. D. 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. 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 -1-44 LLAA) A. The bidder shall deliver the required bonds to the Owner not later than three (3) /o, -`/" NOV 2 4 2009 IB -6 City Clerk 10 \Ya City, IOWA MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa 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 and Payment 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. Bidder is encouraged to attend a pre -bid conference on Tuesday, December 22nd at 10:00 AM local time, in the Proctor and Gamble Room in Mercer Park Aquatic Center, located at 2701 Bradford Drive in Iowa City, Iowa. 8.2 Parking Parking is available on site. AILED /o; 6% NOV 24 pnog I B -7 City Clerk Iowa City, Iowa -BLANK PAGE- MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa TO BIDDERS: 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 WITHIN THE BACK COVER OF THIS DOCUMENT. 2. ALL BLANKS TO BE COMPLETED. 3. ONLY BIDS ON THESE FORMS WILL BE ACCEPTED. FORM OF PROPOSAL MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT CITY OF IOWA CITY Name of Bidder: Address of Bidder: BIDS RECEIVED BEFORE: 2:00 PM local time on Thursday, January 7, 2010 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, materials and equipment, all supervision, coordination, and all related incidentals necessary to perform the work to complete MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT in strict accordance with the Project Manual and the Drawings dated NOVEMBER 23, 2009, including Addenda numbered and _, inclusive, prepared by Neumann Monson Architects PC., for the Base Bid Lump Sum of: BASE BID Dollars ($ ) The undersigned bidder submits herewith bid security in the amount of ten percent (10 %) of the Base Bid amount. FP -1 NOV 2 4 yppg City Clerk Iowa Ciry, Iowa MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa The following names of those persons, firms, companies or other parties with whom we intend to enter into a major subcontract, together with the type of subcontracted work and approximate dollar amount of the subcontract. This list will not be read at the Bid Opening. Carpentry: HVAC: Plumbing: Temp. Control: Electrical: Concrete ramp: Paint: NOTE: All subcontractors are subject to approval by 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 y Cnnfrarf I)nrumenfs for this nmiert. and have the Proiert at Substantial Comnletion on or before t�Iy ED, /0:'Iy - NOV 24 ynrc City Clerk Irma City, Iowa FP -2 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa May 17, 2010. Firm: Signature: Printed Name: Title: Address: Phone: Contact: FP -3 NOV 2 4 �n�g -BLANK PAGE- MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa as Principal, and as Surety declare that we are held and are firmly bound unto the City of Iowa City, Iowa, hereinafter called "OWNER," in the sum of Dollars ($ ) to pay said sum as herein provided. We as Principal and Surety further promise and declare that these obligations shall bind our heirs, executors, administrators, and successors jointly and severally. This obligation is conditioned on the Principal submission of the accompanying bid, dated Project. NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, for (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 bond 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 bond shall be forfeited to the Owner in the event that the Principal fails to execute the contract and provide the bond, as provided in the Project specifications or as required by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond 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 bond this day of , A.D., 20_. Witness Witness (Seal) Principal By (Title) (Seal) Surety By (Attorney -in C. fIe .C. .,EYy BB-1 NOV 2 4 ?nng 0 cam„ k Iowa Clay, 4"th MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa /0 ; /a- �OV 2 4 2009 Clty Clerk Iowa City, Iowa 19--N Attach Power -of- Attorney MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa RESTRICTION ON NON - RESIDENT BIDDING ON NON - FEDERAL -AID PROJECTS PROJECT NAME: TYPE OF WORK: DATE OF LETTING: A resident bidder shall be allowed a preference as against a non - resident bidder from a state or foreign country which gives or requires a preference to bidders from that state or foreign country. That preference is equal to the preference given or required by the state or foreign country in which the non - resident bidder is a resident. 'Resident bidder" is defined as a person authorized to transact business in this state and having a place of business within the state, and has conducted business for at least six months prior to the first advertisement for the public improvement. In the case of a corporation, the above requirements apply as well as the requirement that the corporation have at least fifty percent of its common stock owned by residents of this state. This qualification as resident bidder shall be maintained by the bidder and his /her contractors and subcontractors at the work site until the project is completed. I hereby certify that the undersigned is a resident bidder as defined above and will remain such from the start of the project until its completion. COMPANY NAME: CORPORATE OFFICER: TITLE: DATE: R -1 FILED /O,'.S1a NOV 2 4 2009 City Clerk Iowa City, lma -BLANK PAGE- MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa FORM OF AGREEMENT 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 plans, specifications, proposal and bid documents dated the day of , 20_, for the Project ( "Project "), and Whereas, said plans, specifications, proposal and bid documents accurately and fully describe the terms and conditions upon which the Contractor is willing to perform the Project. NOW, THEREFORE, IT IS AGREED: 1. The City hereby accepts the attached proposal and bid documents of the Contractor for the Project, and for the sums listed therein. 2. This Agreement consists of the following component parts which are incorporated herein by reference: a. Addenda Numbers b. "General Conditions of the Contract for Construction" AIA DOC A201 -1997, as amended; C. Plans; d. Specifications and Supplementary Conditions; e. Notice to Bidders; f. Note to Bidders; g. Performance and Payment Bond; h. Restriction on Non - Resident Bidding on Non - Federal -Aid Projects; i. Contract Compliance Program (Anti- Discrimination Requirements); j. Proposal and Bid Documents; and k. This Instrument. The above components are deemed complementary and should be read together.F1t6ED AG-1 NOV 2 4 nog City Clerk Iowa City, Iowa MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa event of a discrepancy or inconsistency, the more specific provision shall prevail. 3. The names of subcontractors approved by City, together with quantities, unit prices, and extended dollar amounts, are as follows (or shown on an attachment): 4. Payments are to be made to the Contractor in accordance with the Supplementary Conditions. DATED this day of 20_ 5. The Project base bid submitted by form of proposal is in the amount of: To be completed after award and no /100 Dollars 0.00). CCU By Contractor Mayor ATTEST: ATTEST: (Title) City Clerk (Company Official) Approved By: ro:5 /n- i Nov 2 4 NO clerk AG -2 city love CuY I Iowa MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa City Attorney's Office FILED NOV 2 4 2009 AG -3 City Clerk Iowa City, Iowa -BLANK PAGE- MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa PERFORMANCE AND PAYMENT BOND as (insert the name and address or legal title of the Contractor) Principal, hereinafter called the Contractor and (insert the legal title of the Surety) , as Surety, hereinafter called the Surety, are held and firmly bound unto the City of Iowa City, Iowa, as obligee, hereinafter called the Owner, in the amount of Dollars ($_ ) for the payment for which Contractor and Surety hereby bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has, as of entered into a (date) written Agreement with Owner for Project; and WHEREAS, the Agreement requires execution of this Performance and Payment Bond, to be completed by Contractor, in accordance with plans and specifications prepared by which Agreement is by reference made a part hereof, and the agreed -upon work is hereafter referred to as the Project. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Agreement, then the obligation of this bond shall be null and void; otherwise it shall remain in full force and effect until satisfactory completion of the Project. A. The Surety hereby waives notice of any alteration or extension of time made by the Owner. B. Whenever Contractor shall be, and is declared by Owner to be, in default under the Agreement, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Project in accordance with the terms and conditions of the Agreement, or 2. Obtain a bid or bids for submission to Owner for completing the Project in accordance with the terms and conditions of the Agreement; and upon determina- tion by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available, as work progresses (even though there may be a default or a succession of defaults under the Agree r�t on, LF PB -1 NOV 24 2009 City Clerk Iowa City, Iowa MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa subsequent contracts of completion arranged under this paragraph), sufficient funds to pay the cost of completion, less the balance of the Contract Price, but not exceeding the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Agreement, together with any addenda and /or amendments thereto, less the amount properly paid by Owner to Contractor. C. The Contractor and Contractor's Surety shall be obligated to keep the improvements covered by this bond in good repair for a period of () years from the date of formal acceptance of the improvements by the Owner. D. No right of action shall accrue to or for the use of any person, corporation or third party other than the Owner named herein or the heirs, executors, administrators or successors of Owner. IT IS A FURTHER CONDITION OF THIS OBLIGATION that the Principal and Surety, in accordance with provisions of Chapter 573, Code of Iowa, shall pay to all persons, firms or corporations having contracts directly with the Principal, including any of Principal's subcontrac- tors, all claims due them for labor performed or materials furnished in the performance of the Agreement for whose benefit this bond is given. The provisions of Chapter 573, Code of Iowa, are a part of this bond to the same extent as if it were expressly set out herein. SIGNED AND SEALED THIS IN THE PRESENCE OF: Witness Witness f� �b�4 2009 NpV 2 City Cler�owa Iowa City, DAY OF (Principal) (Title) (Surety) (Title) (Street) (City, State, Zip) MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa (Phone) if, '.IIr M NOV 2 4 2009 City Clerk Iowa City, Iowa -BLANK PAGE- MERCER PARK AQUATIC CENTER SOLARIUM [REPLACEMENT PROJECT Public Works, Iowa City, Iowa Contract Compliance Program CITY OF IOWA CITY FILED 10'5 -1 . NOV 24 2009 City Clerk Iowa City, Iowa MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa SECTION I - GENERAL POLICY STATEMENT It is the policy of the City of Iowa City to require equal employment opportunity in all City contract 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 employees are treated equally without regard to race, color, creed, religion, national origin, sex, gender identity, sexual orientation, disability, marital status, and age. 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: 1. 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 pages CC -2 and CC -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. ti. 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. 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 City Code section 2 -3 -1. 1 pil.ED io :61 A NOV 2 4 2009 City Cie", wa Iowa City, CC -1 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa 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 CC2 AND CC3 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.) a. 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 race, color, creed, religion, national origin, sex, sexual orientation, gender identity, disability, marital status, and age. 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. b. 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 sec.) 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 Address 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. JFILED NOV 24 2009 CC -2 City Clerk Iowa City, Iowa MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa 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 to questions 1 through 6, are true and correctly reflect our Equal Employment Opportunity policies. Business Name Signature Phone Number Title Print Name Date lip u.'m1) /O: j/w Nov 2 4 2009 city Clerk CC -3 Iowa City, Iowa MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa SECTION III - SUGGESTED STEPS TO ASSURE EQUAL EMPLOYMENT OPPORTUNITIES COMPANY POLICY Determine your company's policy regarding equal employment opportunities. Document the policy and post it in a conspicuous place so that it is known to all your employees. Furthermore, disseminate the policy to all potential sources of employees and to your subcontractors asking their cooperation. The policy statement should recognize and 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 example, through the use of letters to all recruitment sources and subcontractors, personal 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 insure 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 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. yy��-1� Y� ILED CC -4 NOV 2 4 2009 City Clerk Iowa City, Iowa MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa ,✓�' III "I��'�� '0A! City of ��4 ON Attached 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. 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. iOV 24 2 %1 City Clecka lowa City, Iowa. CC -5 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa 2.3.1 2 -3 -1 CHAPTER 3 DISCRIMINATORY PRACTICES SECTION: C. It shall be unlawful for any employer, employment agency, labor organiza- 2-3-1: Employment; Exceptions tion or the employees or members 2 -3.2: Public Accommodation; thereof. to directly or indirectly adver- Exceptions Ilse or in any other manner Indicate or 2 -3 -3: Credit Transactions; Exceptions publicize that Individuals are unwel- 2 -3.4: Education come, objectionable or not solicited 2 -3.5: Aiding Or Abetting; Retaliation; for employment or membership be- Intimldalion cause of age, color, creed, disability, gender Identity, marital status, nation- al origin, race, religion, sex or sexual orientation. (Ord. 95.3697, 11.7.1995) 2 -3 -1: EMPLOYMENT; EXCEPTIONS: D. Employment policies relating to preg- A. It shall be unlawful for any employer nancy and childbirth shall be governed to refuse to hire, accept, register, by the following: classify, upgrade or refer for employ- ment, or to otherwise discriminate in 1. A written or unwritten employment employment against any other person policy or practice which excludes from or to discharge any employee be- employment applicants or employees cause of age, color, creed, disability, because of the employee's pregnancy gender identity, marital status, nation- Is a prima facie violation of this Title. al origin, race, religion, sex or sexual orientation. 2. Disabilities caused or contributed to by the employee's pregnancy, miscar- B. It shall be unlawful for any labor orga- riage, childbirth and recovery there - nization to refuse to admit to member- from are, for all job- related purposes, ship, apprenticeship or training an temporary disabilities and shall be applicant, to expel any member, or to treated as such under any health or otherwise discriminate against any temporary disability Insurance or sick applicant for membership, apprentice- leave plan available In connection with ship or training or any member in the employment or any written or unwril- privileges, rights or benefits of such ten employment policies and practices membership, apprenticeship or train- involving terms and conditions of ing because of age, color, creed, employment as applied to other tem- disability, gender Identity, marital porary disabilities. status, national origin, race, religion, sex or sexual orientation of such ap- E. It shall be unlawful for any person to plicant or member. solicit or require as a condition of employment of any employee or pro - 897 Iowa City CC -6 NOV 2 4 7ppg (lily Clerk Iowa Cily, luwa MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa 2 -3 -1 spective employee a test for the pres- ence of the antibody to the human Immunodeficiency virus. An agree- ment between an employer, employ- ment agency, labor organization or their employees, agents or members and an employee or prospective em- ployee concerning employment, pay or benefits to an employee or pro- spective employee In return for taking a lest for the presence of the antibody to the human Immunodeficiency virus, Is prohibited. The prohibitions of this subsection do not apply if the State epidemiologist determines and the Director of Public Health declares through the utilization of guidelines established by the Center for Disease Control of the United States Depart- ment of Health and Human Services, that a person with a condition related to acquired Immune deficiency syn- drome poses a significant risk of transmission of the human Immunode- flolency virus to other persons in a specific occupation. F. The following are exempted from the provisions of this Section: io;SIP NOV 2 4 2009 City Cle � wa low, City, 1. Any bona fide religious Institution or its educational facility, association, corporation or society with respect to any qualifications for employment based on religion when such qualifica- tions are related to a bona fide rell- glous purpose. A religious qualifica- tion for instructional personnel or an administrative officer, serving in a supervisory capacity of a bona fide religious educational facility or reli- gious institution shall be presumed to be a bona fide occupational qualifica- tion. (Ord. 94.3647, 11 -8 -1994) Iowa City cc -r 2 -3 -1 2. An employer or employment agency which chooses to offer employment or advertise for employment to only the disabled or elderly. Any such employ- ment or offer of employment shall not discriminate among the disabled or elderly on the basis of age, color, creed, disability, gender identity, mari- tal status, national origin, race, reli- gion, sex or sexual orientation. (Ord. 95 -3697, 11.7 -1995) S. The employment of Individuals for work within the home of the employer if the employer or members of file family reside therein during such em- ployment. 4. The employment of individuals to render personal service to the person of the employer or members of the employer's family, 5. To employ on the basis of sex in those certain Instances where sex Is a bona fide occupational qualification reasonably necessary to the normal operation of a particular business or enterprise. The bona fide occupational qualification shall be interpreted nar- rowly. 6. A State or Federal program de- signed to benefit a specific age classl- fioation which serves a bona fide pub- lic purpose. 7. To employ on the basis of disability In those certain instances where pres- ence of disability is a bona fide occu- pailonal qualification reasonably nec- essary to the normal operation of a particular business or enterprise. The bona fide occupational qualification shall be Interpreted narrowly. (Ord. 94 -3647, 11.8 -1994) GENERAL CONDITIONS "General Conditions of the Contract for Construction" AIA DOC A201 -1997, as amended, shall apply except as amended in the Supplementary Conditions. PILED /19;15 -1 - NOV 2 4 7Opy GC -1 City Clerk Iowa C4, Iowa -BLANK PAGE- DOCUMENT 00800 SUPPLEMENTARY CONDITIONS J11AaEtti=1:IdY114 1.1 INTRODUCTION A. The following supplements modify the "General Conditions of the Contract for Construction ", AIA Document A201 -1997. Where a portion of the 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 stAke eut 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 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. E. Delete all references to mediation and arbitration in their entirety. 1.2 ARTICLE 1 - GENERAL PROVISIONS A. Add the following paragraph 1.1.1.1 Contract Documents to read as follows: 1.1.1 Any reference within the Contract Documents of the Agreement between Owner and Contractor should be substituted with of the Form of Agreement between Owner and Contractor (hereinafter the Agreement). The Form of Agreement is listed as AG in the project manual. B. 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 which any part of the Contract Documents require him to provide. 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. 1.3 ARTICLE 2 -OWNER A. Change paragraph 2.4.1 to read as follows: 2.4.1 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 reseipt a written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may written - notice to without prejudice to other remedies the Owner may have, correct such deficiencies nFithiR . SPAGR94 seveR .Aay vein, if the G0RtFRGl. F within ..h spnond SC -1 NOV 24 200g City Clerk Iowa City, Iowa defiGieRG n the Owner may, without ere , dine f_ ether .emery°^ the Owner may norrant _ u ^h d°fi^' °n ^' ° °. In such case an appropriate Change QFdPF shall he isrued deducting the Owner may deduct from payments then or thereafter due the Contractor the entire cost of correcting such deficiencies, including compensation for the Architect's additional services and expenses and heating, engineering, accounting, consulting services and attorneys' fees and expenses made necessary by such default, neglect, or failure. prior approval of the AFGI;itAGt 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 3.2.1 through 3.2.2 to read as follows: 3.2.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to the Architect errors, inconsistencies or omissions discovered. 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 knowingly failed to report it to the Architect. If the Contractor performs any construction activity knewing it invelves involving a recognized error, inconsistency or omission in the Contract Documents without such notice to the Architect, the Contractor shall assume apprepriate responsibility for such performance and shall bear an appFGPFiate aFneunt of the attributable costs for correction. The Contractor shall perform no portion of the Work at any time without Contract Documents or, where required, approved Shop Drawings, Product Data or Samples for such portion of the Work. B. Change paragraph 3.3.2 to read as follows: 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors, Sub - subcontractors, materialmen and suppliers and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. C. 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, 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. D. 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 0160 00 - Post Bid Substitutions. f0 2 4 2 NOV 2 Z 009 4 3.4.6 By making requests for substitutions based on Subparagraph 3.4.4 above, the k SC -2 Clerk City . 10µ"a lurvu Crq' Contractor. .9 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. E. Change paragraphs 3.5.1 to read as follows: 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects net - inherent in the quality Feq ked OF ^°F^'tted and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. F. Change paragraph 3.7.2 to read as follows: 3.7.2 The Contractor shall semply perform the Work in compliance with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work. G. Change paragraph 3.7.4 to read as follows: 3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs and expenses of correcting or replacing such Work. Change paragraph 3.11.1 to read as follows: 3.11.1 The Contractor shall maintain at the site for the Owner, one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition all approved Shop Drawings, 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. Change paragraph 3.13.1 to read as follows: 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits 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 will 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. J. Change paragraph 3.17.1 to read as follows: 3.17.1 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. However, if the Contractor has reason to believeafajt J SC -3 )o %5 /a. NOV 2 4 2009 City Clerk Iowa City, Iowa the required design, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect and the Owner in writing. K. Change paragraph 3.18.1 to read as follows: 3.18.1 To the fullest extent permitted by law and to the extent claims, damages, losses or expenses are not covered by Project Management Protective Liability insurance purchased by the Contractor in accordance with paragraph 11.3, 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 (other than the Work 't° ^I" including loss of use resulting there from, 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, regardless of whether eF net 6uGh Glalffl, damage, 1066 OF expense is Gaused in paFt by a paFty Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which 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. 3.18.2 Contractor is not, and shall not be deemed to be, an agent or employee of the City of Iowa City, Iowa. L. Change 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES paragraph 3.3.4 to read as follows: Contractor shall maintain a qualified and responsible person available 24 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 and/or paging service of this individual. M. Change TAXES 3.6 paragraph 3.6.1 to read as follows: 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. 1.5 ARTICLE 4 - ADMINISTRATION OF THE CONTRACT 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, Gentraeter 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 �; 7T �� Documents, and will be the Owner's representative as provided herein (1) during V l l construction, and (2) with the Owner's concurrence, from time to time during the correction 10; 54 2009 period described in Paragraph 12.2. The Architect will advise and consult with the Owner. NoV 2 The Architect will have authority to act on behalf of the Owner only to the extent provided in City Oe i wa SC-4 Iowa City, the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract. C. Change paragraph 4.2.3 to read as follows: 4.2.3 The Architect and the Owner will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect and the Owner will not 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 or entities performing portions of the Work. D. Change paragraphs 4.2.5 through 4.2.6 to read as follows: 4.2.5 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify recommend to the Ownerthe amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Architect will have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable 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. T"dutie' ° ^, 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 with reasonable promptness and within any time limits agreed upon. I no agreement Is made concerning the time within which recommendations interpretatens required of the Architect shall be furnished in compliance with this Paragraph 4.2, then delay until 5 days afteFWFitten request is made feF thpR; 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 deeisiens 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 drawing. When making such interpretations and recommendations desisiens, 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 deeis:ans so rendered in good faith. F. Change paragraphs 4.3.1 through 4.3.5 to read as follows: 4.3.1 Definition. A Claim is a demand or assertion by one of the Parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time 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. Claims must be made by written notice. 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 SC 5 !I:4 �� /o; s 1 NOV 2 4 2009 City Clerk Iowa City, Iowa related to the performance of or quality of the Work. 4.3.2 Time Limits on Claims. Claims by either party must be made 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. Claims must be made by written notice. 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 pips^ submitted in a timely manneF. 4.3.3 Continuing Contract Performance. Pending final resolution of a Claim including arbikatien, unless otherwise agreed in writing 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. G. Delete paragraph 4.6 ARBITRATION in its entirety (paragraphs 4.6.1 thru 4.6.6). H. 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. 1.6 ARTICLE 5 -SUBCONTRACTORS NOV 2 4 2009 City Cleck a tow" City, tow A. Delete paragraph 5.2.1 and add the following: 5.2.1 The CONTRACTOR shall provide, within 24 hours of the bid opening, a list those persons, firms, companies or other parties to whom it 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. B. Change paragraph 5.3.1 to read as follows: 5.3.1 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 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. SC -6 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 wrengiully caused by the Contractor 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 7.2.3 as follows: 7.2.3 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 7.2.4 as follows: 7.2.4 In all Change Orders or Construction Change Directives, the allowance for Overhead and profit to be included in the total cost to the Owner shall not exceed the following amounts: .1 For the Contractor, for any Work performed by the Contractor's own forces, fifteen percent (15%) of the cost. .2 For the Contractor, for Work performed by his Subcontractor, ten percent (109/0) of the amount due the Subcontractor. .3 For each Subcontractor, or Sub - subcontractor involved, for any Work performed by such contractor's own forces, fifteen percent (15%) of the cost. .4 For each Subcontractor, for Work performed by his Sub - subcontractors, five percent (59/o) 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 his men to such points and execute such portion of his work as may be required to enable others to properly engage in and carry on their work. SC -7 NOV 24 2009 City Clerk Iowa City, Iowa C. Change paragraph 8.3.1 to read as follows: 8.3.1 If the Contractor is delayed at anytime in progress of the Work by an actor 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, unusual delay On deliveries, unavoidable casualties or other causes beyond the Contractor's control, eFby 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. 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 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 as follows: 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 After the Architect has issued a Certificate for Payment, the Owner shall make partial payments to the Contractor on or about the 15th day of each month. 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 on the fflaARPF AAGI • "thi^ the ti.., "d ^a OR the GGRtFaGt Doeuments, and shall so notify the AFohiteet- E. Change paragraph 9.10.3 to read as follows: 9.10.3 If, after Substantial Completion of the Work, final completion there of is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the rr; Contract, make payment of the balance due for that portion of the Work fully L y completed and accepted. If the remaining balance for Work not fully completed or 10:5 /a corrected is less than retainage stipulated in the Contract Documents, and if bonds NOV 2 4 2009 sc -a City clerk Iowa City, to wa have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. The making of final payment shall Gonstitute a wai-eF of GlaIMS by the QWReF as PFavided In Subparagraph 4.3.5. F. Add paragraph 9.10.5 to read as follows: 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, 2005, as amended 1.11 ARTICLE 10 - PROTECTION OF PERSONS AND PROPERTY A. Add paragraph 10:1.1.2.: . 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 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 for compliance with applicable OSHA and State laws regarding hazardous chemicals and right -to -know. B. Add paragraph 10.2.4.1: . When use orstorage of explosives or other hazardous materials or equipment or unusual methods are necessary, the Contractor shall give the Ownerreasonable advance notice. C. Add paragraph 10.2.8: 10.2.8 When required by law or for the safety of the Work, the Contractorshall 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. 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 Slairns Made basis and shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment. 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 Owner prior to commencement of the Work, and to be in effect for the full contract period. 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. FILED SC -9 NOV 24 2009 City Clerk Iowa City, Iowa These Certificates and the insurance policies required by this Paragraph 11.1 shall contain a provision that coverage 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. If any of the foregoing insurance coverages are required to remain in force after final payment and are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in . D. Add the following paragraphs 11.1.4 through 11.1.12: 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: Tyne of Coverage Comprehensive General Liability Each Occurrence Mogregate Bodily lnjury & Property Damage* $1,000,000 $2,000,000 Automobile Liability Combined Single Limit Bodily Injury & Property Damage $1,000,000 Excess Liability $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 when determined by City to be applicable. 11.1.5 The City requires that the Contractor's Insurance carrier be A rated or better by A.M. Best. In addition, the Contractorshal/ 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 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 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 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. 11.1.6 If Contractor's liability insurance coverage is subject to any special exclusions orlimitations not common to the type of coverage being provided, such exclusions or limitations shall be noted on the Certificate of Insurance. 11.1.9 The Contractor shall include the City as additional insured on all policies except workers compensation. 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 Contractormust comply with the following requirements: A. If the Contractor changes insurance carriers, or if Contractor's insurance NOV 2 4 209 SC -10 CW Cteck a try low 1c�vxY 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, Contractorshall 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 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 11.1.10 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 provided, and on that basis to either award the contract to the next low bidder, or declare a default and seek specific performance or termination, as the case may be. 11.1.11 In the event that any of the policies of insurance or insurance coverage identified on Contractor's Certificate of Insurance are canceled or 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. 11.1.11 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. 11.1.12 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 11.4.1 through 11.4.12; add paragraphs 11.4.1 through 11.4.5 as follows: 11.4.1 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 SC -11 NOV 2 4 2009 'it) cit:,. im%., (*:Iv_ k."a NOV 2 4 '1009 City Clcrk ilma 01Y 1"', shall insure against at least the following perils or causes of loss. fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, and such other perils or causes of loss as may be specifically required by the Supplementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. include $ 500,000 for materials and equipment stored at the Site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work, provided that such materials and equipment have 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 11.4.2 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. 11.4.3 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. 11.4.5 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. Change paragraph 11.5.1 to read as follows: 11.5.1 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 the additional Bond cost. Contractorshall deliver the required Bonds to the Owner prior to the signing of the Agreement. G. Delete paragraph 11.5.2 in its entirety. H. Add the following paragraphs 11.5.1.1 through 11.5.1.6: .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 policy holder's rating of "A "and a minimum class of 15 financing rating in the Best Insurance Guide, latest edition. .2 Whenever the Contractor shall be and is declared by the Owner to be in default SC -12 under the Contract, the Surety and Contractor are each responsible 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. .3 These Bonds shall be maintained by the Contractor and shall remain 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 Ownershall (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 (0 take any other action of any nature or description which is not required of the Owner to be done under the Contract Documents. Add the following paragraph 11.5.3: 11.5.3 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 A. 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 or a member of the firm or entity or to an officer of the corporation for which it was intended, or if deliveFed at sent by registered or certified mail to the last business address known to the party giving notice. B. Change paragraph 13.5.1 to read as follows: 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. 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 timely notice of when and where tests and inspections are to be made so the Architect may observe such procedures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiatioRL D SC -13 NOV 24 2009 City Clerk Iowa City, Iowa concluded. Copies of all reports, data and other documents related to tests, inspections and approvals shall be provided to the Architect as soon as practicable. C. Delete paragraphs 13.7.1 through 13.7.1.3: D. Add the following to Article 13: 13.8.1 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 orstate ordinance. The Contractorshall 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 contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the policies of non - discrimination. .2 The Contractor and the Contractor's subcontractors shall, in all solicitations or advertisements for employees placed by them or on their behalf, state that all 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 13.9.1 The Contractor shall maintain CONTRACT COMPLIANCE PROGRAM (ANTI DISCRIMINATION REQUIRENTS) as follows: 1. For all contracts of $25,000 or more, 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. Change paragraph 14.2.1.4 to read as follows: .4 Otherwise is guilty of substantial breach of a provision of the Contract Documents; or B. 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. C. 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, 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 Architect, 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. I R X 912 01919111 9 414 L, 1191111-10101 rILLAD 10:51a- NOV 2 4 2009 City Clerk Iowa City, Iowa SC -14 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa SPECIAL CONDITIONS ARTICLE 1 - LIQUIDATED DAMAGES 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 to assess, the Owner and Contractor agree as follows: Upon failure of the Contractor to achieve "Substantial Completion" of the Work in compliance with requirements of the Contract Documents: The Contractor shall pay as liquidated damages, and not as a penally, the sum of $500 per day for each calendar day that "Substantial Completion" is delayed beyond the date written in the Agreement, subject to adjustments of the Contract Time as provided for in the Contract Documents. The Owner shall give written notice to the Contractor of intent to assess liquidated damages pursuant to provisions of this Article. Calculation of the amount of liquidated damages shall commence on the date the Owner notifies the Contractor of this intent. Liquidated damages assessed in accordance with these provisions are exclusive of other monetary damages to which the Owner may be 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 Contractor's failure to comply with the terms and provisions of the Contract. Partial performance of the Work of this Contract shall not relieve the Contractor from liability for liquidated damages. Contractor's liability for liquidated damages shall cease upon issuance of Substantial Completion Certificate for the Work of the Contract. 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. END OF DOCUMENT SP -1 NOV 24 2009 City Clerk Iowa City, Iowa -BLANK PAGE- MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT 09.097 Public Works, Iowa City, Iowa SECTION 011000 - SUMMARY PART1 GENERAL 1.01 PROJECT A. Project Name: Mercer Park Aquatic Center - Solarium Wall Improvements. B. Owner's Name: City of Iowa City, Iowa. C. Architect's Name: Neumann Monson Architects P.C., Iowa City, Iowa. D. The Project consists of the removal of the existing solarium on the south side of Mercer Park Aquatic Center and the construction of a new replacement solarium. 1.02 CONTRACT DESCRIPTION A. Contract Type: A single prime contract based on a Stipulated Price as described in Document 00 5200 - Agreement Form. 1.03 DESCRIPTION OF ALTERATIONS WORK A. Scope of demolition and removal work is shown on drawings and specified in Section 02 4100. B. Scope of alterations work is shown on drawings. 1.04 OWNEROCCUPANCY A. City of Iowa City, Iowa intends to continue to occupy adjacent portions of the existing building during the entire construction period. B. City of Iowa City, Iowa intends to occupy the Project upon Substantial Completion. C. Cooperate with City of Iowa City, Iowa to minimize conflict and to facilitate City of Iowa City, Iowa's operations. D. Schedule the Work to accommodate City of Iowa City, Iowa occupancy. 1.05 CONTRACTOR USE OF SITE AND PREMISES A. Construction Operations: Limited to areas noted on Drawings. B. Arrange use of site and premises to allow: 1. City of Iowa City, Iowa occupancy. 2. Use of site and premises by the public. C. Provide access to and from site as required by law and by City of Iowa City, Iowa: 1. Emergency Building Exits During Construction: Keep all exits required by code open during construction period; provide temporary exit signs if exit routes are temporarily altered. 2. Do not obstruct roadways, sidewalks, or other public ways without permit. D. Utility Outages and Shutdown: 1. Do not disrupt or shut down life safety systems, Including but not limited to fire sprinklers and fire alarm system, without 7 days notice to City of Iowa City, Iowa and authorities having jurisdiction. 2. Prevent accidental disruption of utility services to other facilities. 1.06 WORK SEQUENCE A. Schedule demolition work to begin after materials for new solarium are available at the jobsile. B. Construction work at the site shall be completed during the period commensing on April 12, 2010 and concluding with Substantial Completion on May 17, 2010 NOV 2 4 200tUMMARY 01 1000-1 City Clerk lowa City, Iowa 09.097 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa C. Achieve final completion of the project Work on or before June 15, 2010. D. Coordinate construction schedule and operations with City of Iowa City, Iowa. PART PRODUCTS - NOT USED PART 3 EXECUTION -NOT USED END OF SECTION FILET) /a- NOV 2 4 2009 City Cletk Iowa City - iotbM MARY 01 1000-2 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT 09.097 Public Works, Iowa City, Iowa SECTION 012000 - PRICE AND PAYMENT PROCEDURES PART1 GENERAL 1.01 SECTION INCLUDES A. Procedures for preparation and submittal of applications for progress payments. 1.02 RELATED REQUIREMENTS A. Agreement Farm: Contract Sum, payment period. B. General Conditions: Additional requirements for progress payments, final payment, changes in the Work. 1.03 SCHEDULE OF VALUES A. Electronic media printout including equivalent information will be considered in lieu of standard form specified; submit sample to Architect for approval. B. Forms filled out by hand will not be accepted. C. Submit a printed schedule on AIA Form G703 - Application and Certificate for Payment Continuation Sheet. Contractors standard form or electronic media printout will be considered. D. Submit Schedule of Values in duplicate within 15 days after date established in Notice to Proceed. E. Format: Utilize the Table of Contents of this Project Manual. Identify each line item with number and title of the specification Section. Identify site mobilization, bonds and insurance, and Contractor's overhead and profit. F. Revise schedule to list approved Change Orders, with each Application For Payment. 1.04 APPLICATIONS FOR PROGRESS PAYMENTS A. Make applications for progress payments in amounts equal to ninety -five percent of the value of Work completed, including cost of materials and equipment properly stored at the jobsite, less the amount of previous payments. 1. The five percent contract retainage shall become payable upon issuance of the Certificate of Substantial Completion. Refer to Section 01 7700 for additional requirements. B. Payment Period: Submit at intervals stipulated in the Agreement. C. Electronic media printout including equivalent information will be considered in lieu of standard form specified; submit sample to Architect for approval. D. Forms filled out by hand will not be accepted. E. Present required Information in typewritten form. F. Form: AIA G702 Application and Certificate for Payment and AIA G703 - Continuation Sheet including continuation sheets when required. G. Execute certification by signature of authorized officer. H. Use data from approved Schedule of Values. Provide dollar value in each column for each line item for portion of work performed and for stored Products. I. List each authorized Change Order as a separate line item, listing Change Order number and dollar amount as for an original item of Work. i -; QLED J. Submit three copies of each Application for Payment. NOV 24 2009 City Clerk PRICE AND PAYMENT PROCEDUREStowa 01 2000-1 09.097 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa K. Include the following with the application: 1. Construction progress schedule, revised and current as specified in Section 013000 - Administrative Requirements. 2. Partial release of liens from major Subcontractors and vendors. 3. Affidavits attesting to off -site stored products. L. When Architect requires substantiating information, submit data justifying dollar amounts in question. Provide one copy of data with cover letter for each copy of submittal. Show application number and date, and line item by number and description. 1.05 MODIFICATION PROCEDURES A. Submit name of the Individual authorized to receive change documents and who will be responsible for informing others in Contractor's employ or subcontractors of changes to the Contract Documents. B. For minor changes not involving an adjustment to the Contract Price or Contract Time, Architect will issue instructions directly to Contractor. C. Architect will advise of minor changes In the Work not involving an adjustment to Contract Sum or Contract Time as authorized by the Conditions of the Contract by issuing supplemental instructions on Architect's form. D. For other required changes, Architect will issue a document signed by City of Iowa City, Iowa instructing Contractor to proceed with the change, for subsequent inclusion in a Change Order. 1. The document will describe the required changes and will designate method of determining any change in Contract Sum or Contract Time. 2. Promptly execute the change. E. For changes for which advance pricing is desired, Architect will issue a document that includes a detailed description of a proposed change with supplementary or revised drawings and specifications, a change in Contract Time for executing the change with a stipulation of any overtime work required and the period of time during which the requested price will be considered valid. Contractor shall prepare and submit a fixed price quotation within 15 days. F. Contractor may propose a change by submitting a request for change to Architect, describing the proposed change and its full effect on the Work, with a statement describing the reason for the change, and the effect on the Contract Sum and Contract Time with full documentation and a statement describing the effect on Work by separate or other contractors. Document any requested substitutions In accordance with Section 016000. G. Computation of Change in Contract Amount: As specified in the Agreement and Conditions of the Contract. 1. For change requested by Architect for work falling under a fixed price contract, the amount will be based on Contractor's price quotation. 2. For change requested by Contractor, the amount will be based on the Contractor's request for a Change Order as approved by Architect. 3. For pre- determined unit prices and quantities, the amount will based on the fixed unit prices. 4. For change ordered by Architect without a quotation from Contractor, the amount will be determined by Architect based on the Contractor's substantiation of costs as specified for Time and Material work. H. Substantiation of Costs: Provide full Information required for evaluation. 1. On request, provide following data: a. Quantities of products, labor, and equipment. FILEDFILEDb. Taxes, insurance, and bonds. c. Overhead and profit. NOV 2 4 2009 d. Justification for any change in Contract Time. City Clerk Iowa City, i'PRICE AND PAYMENT PROCEDURES 012000-2 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT 09.097 Public Works, Iowa City, Iowa e. Credit for deletions from Contract, similarly documented. 2. Support each claim for additional costs with additional information: a. Origin and date of claim. b. Dates and times work was performed, and by whom. c. Time records and wage rates paid. d. Invoices and receipts for products, equipment, and subcontracts, similarly documented. 3. For Time and Material work, submit itemized account and supporting data after completion of change, within time limits indicated in the Conditions of the Contract. I. Execution of Change Orders: Architect will Issue Change Orders for signatures of parties as provided in the Conditions of the Contract. J. After execution of Change Order, promptly revise Schedule of Values and Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Sum. K. Promptly revise progress schedules to reflect any change in Contract Time, revise sub - schedules to adjust times for other items of work affected by the change, and resubmit. L. Promptly enter changes in Project Record Documents. 1.06 APPLICATION FOR FINAL PAYMENT A. Final Payment shall be the remaining unpaid balance of the final contract sum. B. Prepare Application for Final Payment as specified for progress payments, identifying total adjusted Contract Sum, previous payments, and sum remaining due. C. Application for Final Payment will not be considered until the following have been accomplished: 1. All closeout procedures specified in Section 01 7700 - Closeout Procedures. 2. Owner's written acceptance of the completed Work. D. Final Payment shall become due after 31 days following the Owners written acceptance of the completed Work. PART2 PRODUCTS -NOT USED PART 3 EXECUTION - NOT USED END OF SECTION FILED /ays -/n NOV 2 4 ?nnq cinv C,mk PRICE AND PAYMENT PROCEDURES 012000-3 -BLANK PAGE- MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT 09.097 Public Works, Iowa City, Iowa SECTION 013000 -ADMINISTRATIVE REQUIREMENTS PART1 GENERAL 1.01 SECTION INCLUDES A. Preconstruction meeting. B. Progress meetings. C. Construction progress schedule. D. Submittals for review, information, and project closeout. E. Number of copies of submittals. F. Submittal procedures. 1.02 RELATED REQUIREMENTS A. Section 01 7300 - Execution Requirements: Additional coordination requirements. B. Section 01 7700 - Closeout Procedures: Project record documents. 1.03 PROJECT COORDINATION A. Project Coordinator: Owner's designated contact person. B. Cooperate with the Project Coordinator in allocation of mobilization areas of site; for storage and field office, for construction access, traffic, and parking facilities. C. During construction, coordinate use of site and facilities through the Project Coordinator. D. Comply with Project Coordinator's procedures for inlra- project communications; submittals, reports and records, schedules, coordination drawings, and recommendations; and resolution of ambiguities and conflicts. E. Comply with instructions of the Project Coordinator for use of temporary utilities and construction facilities. F. Coordinate field engineering and layout work under instructions of the Project Coordinator. G. Make the following types of submittals to Architect through the Project Coordinator: 1. Requests for interpretation. 2. Requests for substitution. 3. Shop drawings, product data, and samples. 4. Test and inspection reports. 5. Manufacturer's instructions and field reports. 6. Applications for payment and change order requests. 7. Progress schedules. 8. Coordination drawings. 9. Closeout submittals. PART PRODUCTS -NOT USED PART3 EXECUTION 3.01 PRECONSTRUCTION MEETING A. Architect will schedule a meeting after execution of the Owner -Contractor Agreement. FILED B. Attendance Required: 1. City of Iowa City, Iowa. NOV 2 4 2009 2. Architect. City Clcrk Iowa City, to.va ADMINISTRATIVE REQUIREMENTS 01 3000-1 09.097 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa 3. Contractor. 4. Major Subcontractors. C. Agenda: 1. Review requirements of Contract Documents. 2. Submission of list of Subcontractors, list of Products, schedule of values, and progress schedule. 3. Designation of personnel representing the parties to Contract, the Owner's jobsite representative, the Contractor's key administrative and field personnel, and Architect. 4. Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal request, Change Orders, and Contract closeout procedures. 5. Scheduling. 6. Use of premises by City of Iowa City, Iowa and Contractor. 7. City of Iowa City, Iowa's requirements and occupancy prior to completion. 8. Temporary utilities provided by City of Iowa City, Iowa. 9. Security and housekeeping procedures. 10. Application for payment procedures. 11. Procedures for testing. 12. Procedures for maintaining record documents. D. Architect will record minutes and distribute copies within three days after meeting to participants, with two copies to City of Iowa City, Iowa, Contractor participants, and those affected by decisions made. 3.02 CONTRACTOR'S PROGRESS MEETINGS A. Schedule and administer meetings throughout progress of the Work at maximum bi- monthly intervals. B. Make arrangements for meetings, prepare agenda with copies for participants, preside at meetings. C. Attendance Required: Job superintendent, major Subcontractors and suppliers, City of Iowa City, Iowa, Architect, as appropriate to agenda topics for each meeting. D. Agenda: 1. Review minutes of previous meetings. 2. Review of Work progress. 3. Field observations, problems, and decisions. 4. Identification of problems that impede, or will impede, planned progress. 5. Review of submittals schedule and status of submittals. 6. Maintenance of progress schedule. 7. Corrective measures to regain projected schedules. 8. Planned progress during succeeding work period. 9. Maintenance of quality and work standards. 10. Effect of proposed changes on progress schedule and coordination. 11. Other business relating to Work. E. Record minutes and distribute copies within two days after meeting to participants, with two copies to Architect, City of Iowa City, Iowa, participants, and those affected by decisions made. 3.03 CONSTRUCTION PROGRESS SCHEDULE A. Within 15 days after date of the Agreement, submit preliminary schedule defining planned operations for the first 60 days of Work, with a general outline for remainder of Work. VILEI) B. If preliminary schedule requires revision after review, submit revised schedule within 10 days. 10:51a NOV 2 4 2009 C. Within 20 days after review of preliminary schedule, submit draft of proposed complete schedule City Clerk Iowa ChY, lowa ADMINISTRATIVE REQUIREMENTS 01 3000-2 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT 09.097 Public Works, Iowa City, Iowa for review. 1. Include written certification that major suppliers have reviewed and accepted proposed schedule. D. Within 10 days after joint review, submit complete schedule. E. Submit updated schedule with each Application for Payment. F. Incorporate the following schedule for contract closeout: 1. Closeout Meeting: Schedule at least 30 days prior to anticipated date of Substantial Completion. Submit initial copy of Operation and Maintenance Manuals for review. 2. Contractor's Punchlist and Declaration of Substantial Completion: Submit at least 10 days prior to anticipated date of Substantial Completion. a. Architect will schedule verification inspection of Work within 5 days of receipt of Contractor's Notice of Substantial Completion. 3. Architect will issue "Certificate of Substantial Completion" In accordance with provisions in the Conditions of the Contract. 4. Closeout Submittals: See Section 01 7700 - Closeout Procedures. 5. Final Change Order: Architect will prepare and issue within 5 days after Substantial Completion. 6. Contractor's Statement of Final Completion: Architect will schedule Final Inspection of the Work within 5 days of receipt of Contractor's Notice. 7. Architect will issue Final Certificate for Payment upon Owner's written acceptance of the completed Work. 8. Final Payment: See Section 01 2000 - Price and Payment Procedures. G. Submit updated schedule with each Application for Payment. 3.04 SCHEDULE FORMAT A. Bar Charts: Include a separate bar for each major portion of Work or operation. B. Listings: In chronological order according to the start date for each activity. Identify each activity with the applicable specification section number. C. Sheet Size: Multiples of 8 -1/2 x 11 inches. D. Scale and Spacing: To allow for notations and revisions. 3.05 SUBMITTALS FOR REVIEW A. Refer to Section 01 3300 - Construction Submittals, for additional requirements. B. When the following construction submittals are required by individual sections, submit them to Architect for review: 1. Product data. 2. Shop drawings. 3. Samples for selection. 4. Samples for verification. C. Architect's review is for the limited purpose of checking for conformance with information given and the design concept expressed in the contract documents. D. Samples will be reviewed only for aesthetic, color, or finish selection. E. After review, provide copies and distribute in accordance with Submittal Procedures article below. rr 1 3.06 SUBMITTALS FOR INFORMATION A. When the following are required by individual sections, submit them for Information: 1. Design data. NOV 24 2009 City Clerk Iowa City, Iowa ADMINISTRATIVE REQUIREMENTS 01 3000-3 09.097 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa 2. Certificates. 3. Test reports. 4. Inspection reports. 5. Manufacturer's instructions. 6. Manufacturers field reports. 7. Other types indicated. B. Submit for Architect's knowledge as contract administrator or for City of Iowa City, Iowa. No action will be taken. 3.07 SUBMITTALS FOR PROJECT CLOSEOUT A. Refer to Section 01 7700 - Closeout Procedures, for submittal requirements. B. When the following are specified in Individual sections, submit them at project closeout: 1. Project record documents. 2. Operation and maintenance data. 3. Warranties. 4. Bonds. 5. Other types as indicated. C. Submit for City of Iowa City, Iowa's benefit during and after project completion. 3.08 NUMBER OF COPIES OF SUBMITTALS A. Documents for Review: 1. Small Size Sheets, Not Larger Than 8-1/2x 11 inches: Submit the number of copies that Contractor requires, plus two copies that will be retained by Architect. 2. Larger Sheets, Not Larger Than 36 x 48 inches: Submit the number of opaque reproductions that Contractor requires, plus two copies that will be retained by Architect. B. Documents for Information: Submit two copies. C. Documents for Project Closeout: Make three reproductions of submittal originally reviewed. Submit one extra of submittals for information. D. Samples: Submit the number specified in individual specification sections; one of which will be retained by Architect. 1. After review, produce duplicates. 2. Retained samples will not be returned to Contractor unless specifically so stated. 3.09 SUBMITTAL PROCEDURES A. Transmit each submittal with approved form. B. Sequentially number the transmittal form. Revise submittals with original number and a sequential alphabetic suffix. C. Identify Project, Contractor, Subcontractor or supplier; pertinent drawing and detail number, and specification section number, as appropriate on each copy. D. Apply Contractor's stamp, signed or initialed certifying that review, approval, verification of Products required, field dimensions, adjacent construction Work, and coordination of information is in accordance with the requirements of the Work and Contract Documents. E. Deliver submittals to Architect at business address. F. Schedule submittals to expedite the Project, and coordinate submission of related items. G. For each submittal for review, allow 15 days excluding delivery time to and from the Contractor. H. Identify variations from Contract Documents and Product or system limitations that maybe NOV 2 4 2009 City clerk Iowa Cay, tuwa ADMINISTRATIVE REQUIREMENTS 01 3000-4 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT 09.097 Public Works, Iowa City, Iowa detrimental to successful performance of the completed Work. I. Provide space for Contractor and Architect review stamps. J. When revised for resubmission, identify all changes made since previous submission. K. Distribute copies of reviewed submittals as appropriate. Instruct parties to promptly report any inability to comply with requirements. L. Submittals not requested will not be recognized or processed. END OF SECTION io; pia. NOV 2 4 2009 City Clerk Iowa City, Iowa ADMINISTRATIVE REQUIREMENTS 01 3000-5 -BLANK PAGE- MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT 09.097 Public Works, Iowa City, Iowa SECTION 013300 - CONSTRUCTION SUBMITTALS PART1 GENERAL 1.01 SECTION INCLUDES A. Construction Submittals for Review and Information. B. Preparation of Construction Submittals. C. Review of Construction Submittals. 1.02 RELATEDSECTIONS A. Section 01 3000 -Administrative Requirements: Processing submittals. B. Section 01 7700- Closeout Procedures: Closeout submittals. 1.03 DEFINITIONS A. Construction Submittals for Review: Submittals required by individual specification sections relating to a portion of the work which must be acted upon by the Architect before work on that portion begins. 1. Shop Drawings: Drawings, diagrams, illustrations, and schedules specifically prepared by the Contractor to illustrate and depict some portion of the work more clearly and in greater detail. 2. Coordination Drawings: Drawings prepared by the Contractor to show how multiple- system and interdisciplinary work will be coordinated to avoid conflicts resulting from available space requirements. 3. Product Data: Illustrations, standard schedules, diagrams, performance charts, instructions and brochures that illustrate physical appearance, size, and other characteristics of materials and equipment for some portion of work 4. Samples: Physical examples of materials and workmanship which illustrate functional and aesthetic characteristics of a material and establish the standards by which the work will be judged. B. Construction Phase Submittals for Information: Submittals required by individual specification sections; submit for Architect's knowledge as contract administrator or for OWNER. No action will be taken. 1. Design data: Performance requirements and material characteristics providing the basis for portions of the Work designed by the Contractor. Include structural calculations 2. Certificates: 3. Test reports: 4. Inspection reports: 5. Manufacturer's instructions: 6. Other types indicated. 1.04 RESPONSIBILITIES OF THE PARTICIPANTS A. Contractor: 1. Read and understand the Contract Documents. 2. Establish a realistic submittal schedule that allows for resubmittal. 3. Coordinate submittals. 4. Review submittals for compliance with Contract Documents, site conditions, dimensions and construction means and methods; indicate any part of the submittal that does not conform to the contract requirements FILED 5. Approve submittals prior to transmitting them to Architect. Use the transmittal form included with this section. �0r 514. NOV 6. Distribute approved submittals to subcontractors and others. 2 4 2009 City Clerk Iowa City, Iowa CONSTRUCTION SUBMITTALS 01 3300-1 09.097 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa 7. Maintain copies of approved submittals at the jobsite for reference, and retain copy of approved submittals for the Owner's record. 8. Maintain transmittal log and track progress. B. Subcontractors and Suppliers: 1. Read and understand the Contract Documents. 2. Properly prepare complete and accurate submittals with extraneous information deleted. 3. Submit in a timely manner based on construction schedule and allowing adequate time for Contractor and Architect reviews. 4. Maintain records and current status. C. Architect: 1. Specify reasonable requirements. 2. Read and understand the Contract Documents. 3. Verify that the Contractor has reviewed, stamped and approved submittals. 4. Review submittals for conformance with design intent. 5. Approve submittals in a timely manner, or take other appropriate action. 6. Forward submittals to consultants. 7. Maintain a copy of approved submittals, and forward a copy to the Owner upon request. 8. Maintain a submittal log and track progress. D. Owner: 1. Read and understand the Contract Documents. 2. Coordinate Owner- furnished items installed by the Contractor. 3. Coordinate Contractor - furnished items installed by the Owner or under a separate contract. 4. Coordinate work to be completed under a separate contract. 5. Follow project requirements. 1.05 PROJECT CONDITIONS A. Coordinate preparation of construction submittals with structural design and related structural connections and components. PART2 PRODUCTS (NOTUSED) PART3 EXECUTION 3.01 PROCESSING SUBMITTALS A. Refer to Section 013000 for additional requirements. B. Attach a copy of the Project Transmittal Form to all submittals. C. Group submittals related to building elements or systems together for transmittal in accordance with submittal schedule. D. Only specified submittals will be processed by the Architect. 3.02 SUBMITTAL PREPARATION A. To aid in tracking and filing, each submittal shall contain the following information: 1. Project name and project number, 2. Date submitted, 3. Description of the item submitted, 4. The specification section reference number, and 5. A consecutive submittal number. Al g Y Y B. Apply Contractor's stamp, signed or Initialed certifying that review, approval, verification of �A�1 - "J Products required, field dimensions, adjacent construction Work, and coordination of information l9,5la" is in accordance with the requirements of the Work and Contract Documents. The purpose of NOV 2 4 2009 City Clerk Iowa city, Iowa CONSTRUCTION SUBMITTALS 013300-2 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT 09.097 Public Works, Iowa City, Iowa the submittal shall be one of the following: 1. For approval, 2. For information only, 3. Resubmittal. C. When revised for resubmission; identify all changes made since previous submission. D. Provide space for Architect's submittal stamp. 3.03 SUBMITTAL REVIEW A. Only submittals stamped by the Contractor shall be forwarded to the Architect. When the Contractor determines that submittals do not meet contract requirements, they should be returned to the originator for correction or modification as appropriate. B. The purpose of the Architect's review is to check submittals for conformance with the information and design concept expressed in the Contract Documents. Review and approval of submittals shall not be construed as authorizing changes to the requirements of the Contract Documents. C. Upon review by the Architect, the submittal shall be stamped with the status of the review as: f. Approved, 2. Approved as noted, 3. Approved as noted / resubmit, or 4. Rejected /resubmit. D. Submittals which require no action or are not subject to review, will not be returned. END OF SECTION l l' J_d �o ;sew NOV 24 �nn9 City Clerk 101va City, Iowa CONSTRUCTION SUBMITTALS 01 3300-3 -BLANK PAGE- MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT 09.097 Public Works, Iowa City, Iowa SECTION 014000 - QUALITY REQUIREMENTS PART1 GENERAL 1.01 SECTION INCLUDES A. Quality assurance submittals. B. Control of installation. C. Tolerances. D. Manufacturers' field services. 1.02 RELATED REQUIREMENTS A. Section 01 3000 - Administrative Requirements: Submittal procedures. B. Section 01 6000 - Product Requirements: Requirements for material and product quality. 1.03 SUBMITTALS A. Test Reports: After each test/inspection, promptly submit two copies of report to Architect and to Contractor. 1. Include: a. Date issued. b. Project title and number. c. Name of inspector. d. Date and time of sampling or inspection. e. Identification of product and specifications section. f. Location in the Project. g. Type of testlinspection. h. Date of test/inspection. I. Results of lest/inspection. j. Conformance with Contract Documents. k. When requested by Architect, provide interpretation of results. B. Certificates: When specified in individual specification sections, submit certification by the manufacturer and Contractor or installation /application subcontractor to Architect, in quantities specified for Product Data. 1. Indicate material or product conforms to or exceeds specified requirements. Submit supporting reference data, affidavits, and certifications as appropriate. 2. Certificates may be recent or previous test results on material or product, but must be acceptable to Architect. C. Manufacturer's Instructions: When specified in individual specification sections, submit printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, for the City of Iowa City, Iowa's information. Indicate special procedures, perimeter conditions requiring special attention, and special environmental criteria required for application or installation. D. Manufacturer's Field Reports: Submit reports for Architect's benefit as contract administrator or for City of Iowa City, Iowa. 1. Submit for information for the limited purpose of assessing conformance with information given and the design concept expressed in the contract documents. T PART 2 PRODUCTS - NOT USED FILED /O,5 ?a PART3 EXECUTION NOV 24 2009 3.01 CONTROL OF INSTALLATION City Clerk Iowa City, Iowa QUALITY REQUIREMENTS 014000-1 09.097 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa A. Monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce Work of specified quality. B. Complywith manufacturers' instructions, including each step in sequence. C. Should manufacturers' instructions conflict with Contract Documents, request clarification from Architect before proceeding. D. Complywith specified standards as minimum quality for the Work except where more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship. E. Have Work performed by persons qualified to produce required and specified quality. F. Verify that field measurements are as indicated on shop drawings or as instructed by the manufacturer. G. Secure products in place with positive anchorage devices designed and sized to withstand stresses, vibration, physical distortion, and disfigurement. 3.02 TOLERANCES A. Monitor fabrication and installation tolerance control of products to produce acceptable Work. Do not permit tolerances to accumulate. B. Comply with manufacturers' tolerances. Should manufacturers' tolerances conflict with Contract Documents, request clarification from Architect before proceeding. C. Adjust products to appropriate dimensions; position before securing products in place. 3.03 MANUFACTURERS'FIELDSERVICES A. When specified in individual specification sections, require material or product suppliers or manufacturers to provide qualified staff personnel to observe site conditions, conditions of surfaces and installation, quality of workmanship, start-up of equipment, test, adjust and balance of equipment as applicable, and to initiate instructions when necessary. B. Report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers' written instructions. 3.04 DEFECT ASSESSMENT A. Replace Work or portions of the Work not conforming to specified requirements. B. If, in the opinion of Architect, it is not practical to remove and replace the Work, Architect will direct an appropriate remedy or adjust payment. END OF SECTION JtF-,V 1o151a- NOV 2 4 2009 Cgy Clerk Iowa Clry,WjALITY REQUIREMENTS 014000-2 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT 09.097 Public Works, Iowa City, Iowa SECTION 015000 - TEMPORARY FACILITIES AND CONTROLS PART1 GENERAL 1.01 SECTION INCLUDES B. Construction: Wood framing and reinforced polyethylene sheet materials with closed joints and sealed edges at intersections with existing surfaces: 1. Provide 1/2 inch mesh "hardware cloth" backing under polyethylene sheet. Y 1.07 SECURITY FILM A. Coordinate with City of Iowa City, Iowa's security program. /o 5 /A.. NOV 24 2009 1.08 VEHICULAR ACCESS AND PARKING City Clerk Iowa City, Iowa TEMPORARY FACILITIES AND CONTROLS 015000-1 A. Temporary utilities. B. Temporary telecommunications services. C. Temporary telephone service. D. Temporary sanitary facilities. E. Temporary Controls: Barriers and enclosures. F. Security requirements. G. Vehicular access and parking. H. Waste removal facilities and services. 1.02 TEMPORARY UTILITIES A. Existing facilities may be used. B. Use trigger- operated nozzles for water hoses, to avoid waste of water. 1.03 TELECOMMUNICATIONS SERVICES A. Ensure telecommunications services are available at jobsite whenever construction work is being performed. 1.04 TEMPORARY SANITARY FACILITIES A. Provide and maintain required facilities and enclosures. Provide at time of project mobilization. B. Maintain daily in clean and sanitary condition. 1.05 BARRIERS A. Provide barriers to prevent unauthorized entry to construction areas, to prevent access to areas that could be hazardous to workers or the public, to allow for owner's use of site and to protect existing facilities and adjacent properties from damage from construction operations and demolition. B. Provide barricades required by governing authorities for public rights -of -way and for public access to existing building. C. Protect non -owned vehicular traffic, stored materials, site, and structures from damage. 1.06 INTERIOR ENCLOSURES A. Provide temporary partitions as indicated to separate work areas from Owner- occupied areas, to prevent penetration of dust and moisture into pool areas, and to prevent damage to existing materials and equipment. B. Construction: Wood framing and reinforced polyethylene sheet materials with closed joints and sealed edges at intersections with existing surfaces: 1. Provide 1/2 inch mesh "hardware cloth" backing under polyethylene sheet. Y 1.07 SECURITY FILM A. Coordinate with City of Iowa City, Iowa's security program. /o 5 /A.. NOV 24 2009 1.08 VEHICULAR ACCESS AND PARKING City Clerk Iowa City, Iowa TEMPORARY FACILITIES AND CONTROLS 015000-1 09.097 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa A. Coordinate access and haul routes with governing authorities and City of Iowa City, Iowa. B. Provide and maintain access to fire hydrants, free of obstructions. C. Provide means of removing mud from vehicle wheels before entering streets. D. Designated existing on -site roads may be used for construction traffic. E. Provide temporary parking areas to accommodate construction personnel. When site space is not adequate, provide additional off -site parking. 1.09 WASTE REMOVAL A. See Section 01 7419 - Waste Management, for additional requirements. B. Provide waste removal facilities and services as required to maintain the site in clean and orderly condition. C. Provide containers with lids. Remove trash from site periodically. D. If materials to be recycled or re -used on the project must be stored on -site, provide suitable non - combustible containers; locate containers holding flammable material outside the structure unless otherwise approved by the authorities having jurisdiction. 1.10 REMOVALOF UTILITIES, FACILITIES, AND CONTROLS A. Remove temporary facilities, materials, prior to Substantial Completion inspection. B. Clean and repair damage caused by installation or use of temporary work. C. Restore existing facilities used during construction to original condition. PART2 PRODUCTS - NOT USED PARTS EXECUTION - NOT USED END OF SECTION FILED 10.'51w NOV 2 4 2009 City Clerk Iowa City, Iowa TEMPORARY FACILITIES AND CONTROLS 015000-2 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT 09.097 Public Works, Iowa City, Iowa SECTION 016000 - PRODUCT REQUIREMENTS PART1 GENERAL 1.01 SECTION INCLUDES A. General product requirements. B. Transportation, handling, storage and protection. C. Product option requirements. D. Substitution limitations and procedures. 1.02 RELATED REQUIREMENTS A. Document 00 2113- Instructions to Bidders: Product options and substitution procedures prior to bid date. B. Section 01 4000 - Quality Requirements: Product quality monitoring. 1.03 SUBMITTALS A. Proposed Products List: Submit list of major products proposed for use, with name of manufacturer, trade name, and model number of each product. 1. Submit within 15 days after date of Notice to Proceed. 2. For products specified only by reference standards, list applicable reference standards. B. Construction Submittals: Prepare submittals required by individual specification sections. Submit in accordance with requirements of Section 01 3300. PART2 PRODUCTS 2.01 NEW PRODUCTS A. Provide new products unless specifically required or permitted by the Contract Documents. B. Do not use products having any of the following characteristics: 1. Made using or containing CFC's or HCFC's. 2.02 PRODUCTOPTIONS A. Products Specified by Reference Standards or by Description Only: Use any product meeting those standards or description. B. Products Specified by Naming One or More Manufacturers: Use a product of one of the manufacturers named and meeting specifications, no options or substitutions allowed. C. Products Specified by Naming One or More Manufacturers with a Provision for Substitutions: Submit a request for substitution for any manufacturer not named. PARTS EXECUTION 3.01 SUBSTITUTION PROCEDURES A. Substitutions may be considered during the construction period when a product becomes unavailable through no fault of the Contractor. B. Document each request with complete data substantiating compliance of proposed substitution with Contract Documents. C. A request for substitution constitutes a representation that the submilter: FILED 1. Has investigated proposed product and determined that it meets or exceeds the quality level of the specified product. NOV 2 4 2009 City Clerk Iowa City, lowa PRODUCT REQUIREMENTS 01 6000 -1 09.097 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa 2. Will provide the same warranty for the substitution as for the specified product. 3. Will coordinate installation and make changes to other Work that may be required for the Work to be complete with no additional cost to City of Iowa City, Iowa. 4. Waives claims for additional costs or time extension that may subsequently become apparent. 5. Will reimburse City of Iowa City, Iowa and Architect for review or redesign services associated with acceptance of substitutions and re- approval by authorities. D. Substitutions will not be considered when they are Indicated or implied on shop drawing or product data submittals, without separate written request, or when acceptance will require revision to the Contract Documents. E. Substitution Submittal Procedure: 1. Submit three copies of request for substitution for consideration. Limit each request to one proposed substitution. 2. Submit shop drawings, product data, and certified test results attesting to the proposed product equivalence. Burden of proof is on proposer. 3. The Architect will notify Contractor in writing of decision to accept or reject request. 3.02 TRANSPORTATION AND HANDLING A. Coordinate schedule of product delivery to designated prepared areas in order to minimize site storage time and potential damage to stored materials. B. Transport and handle products in accordance with manufacturer's instructions. C. Transport materials in covered trucks to prevent contamination of product and littering of surrounding areas. D. Promptly inspect shipments to ensure that products complywilh requirements, quantities are correct, and products are undamaged. E. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage. F. Arrange for the return of packing materials, such as wood pallets, where economically feasible. 3.03 STORAGE AND PROTECTION A. Designate receiving /storage areas for incoming products so that they are delivered according to installation schedule and placed convenient to work area in order to minimize waste due to excessive materials handling and misapplication. B. Store and protect products in accordance with manufacturers' instructions. C. Store with seals and labels intact and legible. D. Store sensitive products in weather tight, climate controlled, enclosures in an environment favorable to product. E. For exterior storage of fabricated products, place on sloped supports above ground. F. Cover products subject to deterioration with impervious sheet covering. Provide ventilation to prevent condensation and degradation of products. G. Prevent contact with material that may cause corrosion, discoloration, or staining. Y H. Provide equipment and personnel to store products by methods to prevent soiling, disfigurement, or damage. NOV 2 4 2009 1. Arrange storage of products to permit access for inspection. Periodically inspect to verify products are undamaged and are maintained in acceptable condition. City Clerk Iowa City, luwa PRODUCT REQUIREMENTS 016000-2 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT 09.097 Public Works, Iowa City, Iowa END OF SECTION AL's S7c� NOV 24 2009 City Clerk rotva City, lotva PRODUCT REQUIREMENTS 01 6000-3 -BLANK PAGE- MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT 09.097 Public Works, Iowa City, Iowa SECTION 017300 - EXECUTION REQUIREMENTS PART1 GENERAL 1.01 SECTION INCLUDES A. Examination, preparation, and general installation procedures. B. Requirements for alterations work, including selective demolition, except removal, disposal, and /or remediation of hazardous materials and toxic substances. C. Pre - installation meetings. D. Cutting and patching. E. Cleaning and protection. F. Closeout procedures, except payment procedures. 1.02 RELATEDSECTIONS A. Section 01 1000 - Summary: Limitations on working in existing building; continued occupancy; work sequence; identification of salvaged and relocated equipment and materials. B. Section 01 3000- Administrative Requirements: Submittals procedures. C. Section 01 5000 - Temporary Facilities and Controls: Temporary exterior enclosures. D. Section 01 7700 - Closeout Procedures: Closeout procedures related to achieving Substantial Completion and Final Completion of the Work. E. Individual Product Specification Sections: 1. Advance notification to other sections of openings required in work of those sections. 1.03 QUALIFICATIONS A. For demolition work, employ a firm specializing in the type of work required. 1. Removal of existing solarium enclosure: Same firm performing construction of new solarium. 1.04 PROJECT CONDITIONS A. Protect site from puddling or running water. B. Ventilate enclosed areas to assist cure of materials, to dissipate humidity, and to prevent accumulation of dust, fumes, vapors, or gases. C. Dust Control: Execute work by methods to minimize raising dust from construction operations. Provide positive means to prevent air -borne dust from dispersing into atmosphere. D. Pest Control: Provide methods, means, and facilities to prevent pests and insects from damaging the work. E. Rodent Control: Provide methods, means, and facilities to prevent rodents from accessing or invading premises. F. Pollution Control: Provide methods, means, and facilities to prevent contamination of soil, water, and atmosphere from discharge of noxious, toxic substances, and pollutants produced by construction operations. FILED 1167 1.05 COORDINATION '10' A. See Section 01 1000 - Summary, for occupancy - related requirements. NOV 2 4 9009 B. Coordinate scheduling, submittals, and work of the various sections of the Project Manual to City Clerk Iowa City, Iowa EXECUTION REQUIREMENTS 01 7300-1 09.097 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa ensure efficient and orderly sequence of installation of interdependent construction elements. C. Notify affected utility companies and comply with their requirements. D. Coordinate space requirements, supports, and installation of electrical work which is indicated diagrammatically on Drawings. Follow routing shown for conduit, as closely as practicable; place runs parallel with lines of building. Utilize spaces efficiently to maximize accessibility for other installations, for maintenance, and for repairs. E. In finished areas except as otherwise indicated, conceal conduit within the construction. Coordinate locations of fixtures and outlets with finish elements. F. Coordinate completion and clean -up of work of separate sections. G. After City of Iowa City, Iowa occupancy of premises, coordinate access to site for correction of defective work and work not in accordance with Contract Documents, to minimize disruption of City of Iowa City, Iowa's activities. PART2 PRODUCTS 2.01 PATCHING MATERIALS A. New Materials: As specified in product sections; match existing products and work for patching and extending work. B. Type and Quality of Existing Products: Determine by inspecting and testing products where necessary, referring to existing work as a standard. C. Product Substitution: For any proposed change in materials, submit request for substitution described in Section 01 6000- Product Requirements. PARTS EXECUTION 3.01 EXAMINATION A. Verify that existing site conditions and substrate surfaces are acceptable for subsequent work. Start of work means acceptance of existing conditions. B. Verify that existing substrate is capable of structural support or attachment of new work being applied or attached. C. Examine and verify specific conditions described in individual specification sections. D. Take field measurements before confirming product orders or beginning fabrication, to minimize waste due to over - ordering or misfabriration. E. Prior to Cutting Floor Slab: Examine existing conditions prior to commencing work, including elements subject to damage or movement during cutting and patching. After uncovering existing work, assess conditions affecting performance of work. Beginning of cutting or patching means acceptance of existing conditions. 3.02 PREPARATION A. Clean substrate surfaces prior to applying next material or substance. B. Seal cracks or openings of substrate prior to applying next material or substance. C. Apply manufacturer required or recommended substrate primer, sealer, or conditioner prior to applying any new material or substance in contact or bond. �-iILED 3.03 PREINSTALLATION MEETINGS A. When required in individual specification sections, convene a preinstallation meeting at the site NOV 2 4 2009 prior to commencing work of the section. City Clerk Iowa Cuy, Iowa EXECUTION REQUIREMENTS 01 7300-2 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT 09.097 Public Works, Iowa City, Iowa B. Require attendance of parties directly affecting, or affected by, work of the specific section. C. Notify Architect four days in advance of meeting date. D. Prepare agenda and preside at meeting: 1. Review conditions of examination, preparation and installation procedures. 2. Review coordination with related work. E. Record minutes and distribute copies within two days after meeting to participants, with two copies to Architect, City of Iowa City, Iowa, participants, and those affected by decisions made. 3.04 GENERAL INSTALLATION REQUIREMENTS A. Install products as specified in individual sections, in accordance with manufacturer's instructions and recommendations, and so as to avoid waste due to necessity for replacement. B. Make vertical elements plumb and horizontal elements level, unless otherwise indicated. C. Install equipment and fittings plumb and level, neatly aligned with adjacent vertical and horizontal lines, unless otherwise indicated. D. Make consistent texture on surfaces, with seamless transitions, unless otherwise indicated. E. Make neat transitions between different surfaces, maintaining texture and appearance. 3.05 ALTERATIONS A. Drawings showing existing construction and utilities are based on casual field observation and existing record documents only. 1. Verify that construction and utility arrangements are as shown. 2. Report discrepancies to Architect before disturbing existing installation. 3. Beginning of alterations work constitutes acceptance of existing conditions. B. Separate areas in which alterations are being conducted from other areas that are still occupied. 1. Provide, erect, and maintain temporary duslproof partitions of construction specified in Section 01 5000 in locations indicated on drawings. C. Maintain weatherproof exterior building enclosure except for interruptions required for replacement or modifications; take care to prevent water and humidity damage. 1. Where openings in exterior enclosure exist, provide construction to make exterior enclosure weatherproof. 2. Insulate existing ducts or pipes that are exposed to outdoor ambient temperatures by alterations work. D. Remove existing work as indicated and as required to accomplish new work. 1. Remove items indicated on drawings. 2. Relocateitems indicated on drawings. 3. Where new surface finishes are to be applied to existing work, perform removals, patch, and prepare existing surfaces as required to receive new finish; remove existing finish if necessary for successful application of new finish. 4. Where new surface finishes are not specified or indicated, patch holes and damaged surfaces to match adjacent finished surfaces as closely as possible. E. Services (Including but not limited to HVAC, Plumbing, Fire Protection, Electrical, and Telecommunications): Remove, relocate, and extend existing systems to accommodate new F, I LED construction. 1. Maintain existing active systems that are to remain in operation; maintain access to NOV 24 2009 equipment and operational components; if necessary, modify installation to allow access or provide access panel. City Clerk 2. Where existing systems or equipment are not active and Contract Documents require Iowa City, Iowa EXECUTION REQUIREMENTS 01 7300-3 09.097 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa reactivation, put back into operational condition; repair supply, distribution, and equipment as required. 3. Where existing active systems serve occupied facilities but are to be replaced with new services, maintain existing systems in service until new systems are complete and ready for service. a. Disable existing systems only to make swilchovers and connections; minimize duration of outages. b. Provide temporary connections as required to maintain existing systems in service. 4. Verify that abandoned services serve only abandoned facilities. B. Remove abandoned pipe, ducts, conduits, and equipment, including those above accessible ceilings; remove back to source of supply where possible, otherwise cap stub and tag with identification; patch holes left by removal using materials specified for new construction. F. Protect existing work to remain. 1. Prevent movement of structure; provide shoring and bracing if necessary. 2. Perform cutting to accomplish removals neatly and as specified for cutting new work. 3. Repair adjacent construction and finishes damaged during removal work. 4. Patch as specified for patching new work. G. Adapt existing work to fit new work: 1. When existing finished surfaces are cut so that a smooth transition with new work is not possible, terminate existing surface along a straight line at a natural line of division and make recommendation to Architect. 2. Where removal of partitions or walls results in adjacent spaces becoming one, rework floors, walls, and ceilings to a smooth plane without breaks, steps, or bulkheads. H. Refinish existing surfaces as indicated: 1. Where rooms or spaces are indicated to be refinished, refinish all visible existing surfaces to remain to the specified condition for each material, with a neat transition to adjacent finishes. 2. If mechanical or electrical work is exposed accidentally during the work, re -cover and refinish to match. 3. Patch as specified for patching new work. I. Clean existing systems and equipment. J. Remove demolition debris and abandoned items from alterations areas and dispose of off -site, do not burn or bury. K. Do not begin new construction in alterations areas before demolition is complete. L. Comply with all other applicable requirements of this section. 3.06 CUTTING AND PATCHING A. Execute cutting and patching including excavation and fill to complete the work, to uncover work in order to install improperly sequenced work, to remove and replace defective or non - conforming work, to remove samples of installed work for testing when requested, to provide openings in the work for penetration of mechanical and electrical work, to execute patching to complement adjacent work, and to fit products together to integrate with other work. B. Execute work by methods to avoid damage to other work, and which will provide appropriate surfaces to receive patching and finishing. In existing work, minimize damage and restore to original condition. C. Employ original installer to perform cutting for weather exposed and moisture resistant elements, and sight exposed surfaces. EXECUTION REQUIREMENTS l0l5 /u- 017300 -4 Nov 24 2009 City Clerk Iowa City, Iowa MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT 09.097 Public Works, Iowa City, Iowa D. Cut rigid materials using masonry saw or core drill. Pneumatic tools not allowed without prior approval. E. Restore work with new products in accordance with requirements of Contract Documents. F. Fit work air tight to pipes, sleeves, ducts, conduit, and other penetrations through surfaces. G. At penetrations of fire rated walls, partitions, ceiling, or Floor construction, completely seal voids with fire rated material in accordance with Section 07 8400 - Firestopping, to full thickness of the penetrated element. H. Refinish surfaces to match adjacent finish. For continuous surfaces, refinish to nearest intersection or natural break. For an assembly, refinish entire unit. I. Make neat transitions. Patch work to match adjacent work in texture and appearance. Where new work abuts or aligns with existing, perform a smooth and even transition. J. Patch or replace surfaces that are damaged, lifted, discolored, or showing other imperfections due to patching work. Repair substrate prior to patching finish. Finish patches to produce uniform finish and texture over entire area. When finish cannot be matched, refinish entire surface to nearest intersections. 3.07 PROGRESS CLEANING A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly condition. B. Remove debris and rubbish from pipe chases, plenums, attics, crawl spaces, and other closed or remote spaces, prior to enclosing the space. C. Broom and vacuum clean interior areas prior to start of surface finishing, and continue cleaning to eliminate dust. D. Collect and remove waste materials, debris, and trash /rubbish from site periodically and dispose off -site; do not burn or bury. 3.08 PROTECTION OF INSTALLED WORK A. Protect installed work from damage by construction operations. B. Provide special protection where specified in individual specification sections. C. Provide temporary and removable protection for installed products. Control activity in immediate work area to prevent damage. D. Provide protective coverings at walls, projections, jambs, sills, and soffits of openings. E. Protect finished Floors, stairs, and other surfaces from traffic, dirt, wear, damage, or movement of heavy objects, by protecting with durable sheet materials. F. Prohibit traffic or storage upon waterproofed or roofed surfaces. If traffic or activity is necessary, obtain recommendations for protection from waterproofing or roofing material manufacturer. G. Remove protective coverings when no longer needed; reuse or recycle plastic coverings if possible. 3.09 ADJUSTING A. Adjust operating products and equipment to ensure smooth and unhindered operation. NOV 2 4 2009 3.10 FINAL CLEANING City Clerk A. Execute final cleaning prior to final project assessment. Iowa City, Iowa 1. Clean areas to be occupied by City of Iowa City, Iowa prior to final completion before City EXECUTION REQUIREMENTS 01 7300-5 09.097 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa of Iowa City, Iowa occupancy. B. Use cleaning materials that are nonhazardous. C. Clean interior and exterior glass, surfaces exposed to view; remove temporary labels, stains and foreign substances, polish transparent and glossy surfaces, D. Clean debris from roofs, gutters, downspouts, and drainage systems. E. Clean site; sweep paved areas, rake clean landscaped surfaces. F. Remove waste, surplus materials, trash /rubbish, and construction facilities from the site; dispose of in legal manner; do not burn or bury. 3.11 CLOSEOUT PROCEDURES A. Refer to Section 01 7700. B. Make submittals that are required by governing or other authorities. 1. Provide copies to Architect and City of Iowa City, Iowa. C. Accompany Owners Project Representative on preliminary inspection to determine items to be listed for completion or correction in Contractor's Notice of Substantial Completion. D. City of Iowa City, Iowa will occupy all of the building as specified in Section 01 1000- Summary. E. Correct items of work listed in executed Certificates of Substantial Completion and comply with requirements for access to City of Iowa City, Iowa - occupied areas. F. Accompany Project Coordinator on preliminary final inspection. END OF SECTION 1o;51N- NOV 2 4 7009 City Clerk Iowa City, lowe EXECUTION REQUIREMENTS 017300-6 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT 09.097 Public Works, Iowa City, Iowa SECTION 017700 - CLOSEOUT PROCEDURES PART1 GENERAL 1.01 SECTION INCLUDES A. Contract closeout procedures related to: 1. Substantial Completion of the Work and 2. Final inspection and Owner's acceptance of the Work. B. Closeout submittals including: 1. Substantial Completion documents. 2. Final Application for Payment with supporting documents. 3. Warranties and Bonds. 1.02 RELATEDSECTIONS A. Section 00 7000- General Conditions: Performance and Payment Bonds, warranty, and correction of work. B. Individual product sections: Special warranties required for specific products or Work. 1.03 SUBMITTALS A. Contractor's Request for Substantial Completion Inspection: Submit three copies of required forms and related documentation certifying that status of Work is consistent with "Substantial Completion ". B. Material and Product Warranties: Submit fully executed manufacturers' warranties within ten days following Date of Substantial Completion except as follows: 1. For equipment and component parts of equipment put into service during construction with OWNER "S permission, submit documents within ten days after acceptance; list dale of acceptance as the beginning of the warranty period . 2. For items of Work for which acceptance is delayed beyond date of Substantial Completion, submit within ten days after acceptance; list date of acceptance as the beginning of the warranty period. C. Contractor's Certificate of Final Completion: Submit two copies of required forms certifying that Work has been fully completed; make submittal within 30 days after Date of Substantial Completion. D. Claim for Final Payment: Submit three copies of required final Application for Payment forms together with supporting documents. E. Evidence of Payments and Release of Liens: Submit two copies of required forms with claim for Final Payment. F. Special Warranties: Submit manufacturer warranty and ensure that forms have been completed in City of Iowa City, Iowa's name and registered with manufacturer. 1.04 COORDINATION A. Coordinate scheduling, submittals, and inspection of the work of the various sections of the Project Manual to ensure efficient and orderly closeout procedure, with provision for accommodating items installed later. 1.05 PRE - SUBSTANTIAL COMPLETION MEETING:'�.�_,,�_� A. Convene 30 days before submitting Request for Substantial Completion Inspection for purpose AV '51" of reviewing required closeout procedures with representatives of owner and Architect. NOV 24 2009 1.06 PROJECT CONDITIONS City Clerk Iowa City, Iowa CLOSEOUT PROCEDURES 01 7700-1 09.097 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa A. Coordinate completion and ensure clean -up of work of separate sections of the Project Manual. B. The Owner intends to occupy the entire project area at Date of Substantial Completion. PART2 PRODUCTS -NOT USED PARTS EXECUTION 3.01 PREPARATION FOR SUBSTANTIAL COMPLETION A. Preliminary Inspection for Substantial Completion: 1. Schedule and conduct preliminary Inspection of the Work accompanied by Owner's Project Representative. a. Determine and identify items to be listed for correction and completion (punchlist) on Contractor's Declaration of Substantial Completion. 2. Verify that surface finish materials are properly installed in accordance with manufacturer's recommendations and exposed surfaces are clean and free from damage. 3. Verify final adjustment of operating items, equipment and system components to ensure smooth and unhindered operation. 4. Verify specific operating and performance requirements described in individual specification sections. a. Replace filters of operating equipment. 5. Verify inspection and acceptance of the respective portions of the Work by Authorities Having Jurisdiction (AHJ). 3.02 SUBSTANTIAL COMPLETION DOCUMENTS A. Contractor's Request for Substantial Completion Inspection: 1. Provide the necessary assurance that the progress of the Work Is consistent with Substantial Completion as defined by the Contract Documents. Prepare Punchlist indicating work not yet performed. 2. Upon receipt of the required forms the Architect will schedule and conduct a Substantial Completion Inspection. B, Certificate of Substantial Completion: Upon verification of Contractor's Punchlist, and subsequent determination by Architect that status of Work is suitable for occupancy by the Owner, the Architect will prepare Certificate of Substantial Completion (AIA Doc G704- 2000). C. Upon issuance of Certificate of Substantial Completion, Contractor may request reduction of the contract retainage by 50 percent. This request shall be accompanied by a sworn statement from the Contractor that ten calendar days prior to date of the request, known subcontractors, sub - subcontractors and suppliers received notice of the Contractor's intent. The Contractor shall release retained funds to subcontractors in the same manner as retained funds are released to the Contractor by the Owner. 1. Payment will be withheld on the value of work not yet performed as of dale of Substantial Completion. The retained amount shall be equal to two hundred percent of the actual value of labor and materials yet to be provided as determined by the Architect. 2. Additional funds will be withheld equal to two hundred percent of the value of Chapter 573 claims currently on file. D. Complete and correct respective items of work listed and attached to the Certificate of Substantial Completion within 30 days following Date of Substantial Completion. 3.03 FINAL CLOSEOUT DOCUMENTS A. Contractor's Statement of Final Completion: Certify that the Work is complete and has been FILED inspected and found to be in compliance with the Contract Documents. B. Claim for Final Payment: NOV 2 4 2009 C`ty Vile k CLOSEOUT PROCEDURES Iowa City, 017700-2 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa 09.097 1. Prepare application for payment on approved forms. 2. Amount of final payment shall be the unpaid balance of the contract sum. 3. In accordance with Iowa law, final payment shall become due and payable upon the date of Owner's written acceptance of the completed Work. C. Evidence of Payments and Release of Liens: Prepare the following: 1. "Contractors Affidavit of Payment of Debts and Claims" (AIA Doc (3706). 2. "Contractor's Affidavit of Release of Liens" (AIA Doc G706A). a. Include separate waivers of lien from subcontractors, suppliers, and others with lien rights against property of the Owner. 3. Obtain "Consent of Surety to Final Payment" (AIA Doc G707). D. "As- Built" Documents: 1. Submit one set of the following As -Built Documents; record actual revisions to the Work: a. Drawings b. Specifications c. Addenda d. Change Orders and other modifications to the Contract. e. Reviewed shop drawings, product data, and samples. 2. Ensure entries are complete and accurate, enabling future reference by the Owner. 3. Specifications: Legibly mark and record at each product section description of actual products installed, including the following: a. Manufacturers name and product model and number. b. Product substitutions or alternates utilized. c. Changes made by Addenda and modifications. 4. As -Built Drawings and Shop Drawings: Legibly mark each item to record actual construction including: a. Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. b. Measured locations of internal utilities and appurtenances concealed in construction, referenced to visible and accessible features of the Work. c. Field changes of dimension and detail. d. Details not on original Contract Drawings. E. Material and Product Warranties: 1. Obtain required warranties executed in duplicate by responsible subcontractors, suppliers and manufacturers, within ten days after completion of the applicable item of work. Except for items put into use with OWNER'S permission, leave date of beginning of time of warranty until Date of Substantial Completion is determined. 2. Verify that documents are in proper form, contain full information, and are notarized. 3. Co- execute warranty documents when required. 4. Retain warranties until time specified for submittal. 5. Include photocopies of each in operation and maintenance manuals; indicate on Table of Contents. 3.04 FINAL INSPECTION OF THE WORK A. Following submittal of required closeout documents, the Architect will conduct a Final Inspection of the Work. B. Accompany Owner's Project Representative and Architect on final inspection of the Work. C. Complete items of work determined and identified during final inspection. FILED 3.05 OWNER'S FINAL ACCEPTANCE OF THE WORK 110115_2� A. Upon satisfactory completion of the Work, the Architect will certify final payment to the NOV 24 2009 City Clerk Iowa City, Iowa CLOSEOUT PROCEDURES 01 7700-3 09.097 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa Contractor as a condition of Owner's acceptance of the completed Work. B. The Owner will notify the Contractor in writing of the effective date of their acceptance of the completed Work. END OF SECTION 1 XLED for 4 � n9 Nov 2 City Clerk Iowa City, Iowa CLOSEOUT PROCEDURES 01 7700-4 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT 09.097 Public Works, Iowa City, Iowa SECTION 024100 - DEMOLITION PART1 GENERAL 1.01 SECTION INCLUDES A. Selective demolition of existing solarium enclosure and related building elements for replacement purposes. 1.02 RELATED REQUIREMENTS A. Section 01 1000 - Summary: Limitations on Contractor's use of site and premises. B. Section 015000 - Temporary Facilities and Controls: Protective barriers, and waste removal. C. Section 01 7419 - Construction Waste Management and Disposal: Limitations on disposal of removed materials; requirements for recycling. PART PRODUCTS - - NOT USED PART3 EXECUTION 3.01 SCOPE A. Carefully remove the existing aluminum framed solarium at the south side of the building. 1. Minimize production of broken glass due to demolition operations. 2. Provide for recycling of aluminum framing and aluminum entrance doors and door hardware to the maximum extent possible. B. Cut and remove edge of concrete slab on grade as indicated on drawings. Neatly saw cut at right angle to surface. C. Remove sealant, flashings, trim and other items indicated, for demolition or recycling. 3.02 GENERAL PROCEDURES AND PROJECT CONDITIONS A. Do not begin demolition and removal operations until materials and products for new work are on site, and receipt of notification to proceed from City of Iowa City, Iowa. B. Maintain weatherproof exterior building enclosure except for interruptions required for replacement or modifications; take care to prevent water and humidity damage. C. Comply with applicable codes and regulations for demolition operations and safely of adjacent structures and the public. 1. Obtain required permits. 2. Take precautions to prevent catastrophic or uncontrolled collapse of structures to be removed; do not allow worker or public access within range of potential collapse of unstable structures. 3. Provide, erect, and maintain temporary construction partitions, barriers and security devices. a. Provide secure temporary partitions as indicated in the drawings. 4. Use physical barriers to prevent access to areas that could be hazardous to workers or the public. 5. Conduct operations to minimize effects on and interference with adjacent portions of the structure and occupants. 6. Do not close or obstruct roadways or sidewalks without permit. y� 7. Conduct operations to minimize obstruction of public and private entrances and exits; do FILED not obstruct required exits at any time; protect persons using entrances and exits from removal operations. D. Protect adjacent portions of existing structure and other elements that are not to be removed. NOV 2 4 2009 City Clerk Iowa City, Imva DEMOLITION 024100-1 09.097 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa 1. Stop work immediately if adjacent structures appear to be in danger. 3.03 DEBRIS AND WASTE REMOVAL A. Remove debris, junk, and trash from site. B. Leave site in clean condition, ready for subsequent work. C. Cleanup spillage and wind -blown debris from public and private lands. END OF SECTION V 10 "51"- w0V 2 4 2009 City Clerk Iowa city, Iowa DEMOLITION 024100-2 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT 09.097 Public Works, Iowa City, Iowa SECTION 033000 - CAST -IN -PLACE CONCRETE PART1 GENERAL 1.01 SECTION INCLUDES A. Concrete reinforcement. B. Miscellaneous concrete elements, including foundation wall infill providing bearing surface for solarium framing. 1.02 RELATED REQUIREMENTS A. Section 13 3413 - Glazed Structures: Solarium framing. 1.03 REFERENCE STANDARDS A. ACI 211.1 - Standard Practice for Selecting Proportions for Normal, Heavyweight, and Mass Concrete; American Concrete Institute International; 1991 (Reapproved 2002). B. ACI 301 - Specifications for Structural Concrete for Buildings; American Concrete Institute International; 2005. C. ACI 304R - Guide for Measuring, Mixing, Transporting, and Placing Concrete; American Concrete Institute International; 2000. D. ACI 308R - Guide to Curing Concrete; American Concrete Institute International; 2001 (Reapproved 2008). E. ACI 318 - Building Code Requirements for Structural Concrete and Commentary; American Concrete Institute International; 2008. F. ASTM A 615/A 615M - Standard Specification for Deformed and Plain Billet -Steel Bars for Concrete Reinforcement; 2007. G. ASTM C 33 - Standard Specification for Concrete Aggregates; 2007. H. ASTM C 39/C 39M - Standard Test Method for Compressive Strength of Cylindrical Concrete Specimens; 2005. I. ASTM C 94/C 94M - Standard Specification for Ready -Mixed Concrete; 2007. J. ASTM C 1431C 143M - Standard Test Method for Slump of Hydraulic-Cement Concrete; 2008. K. ASTM C 150 - Standard Specification for Portland Cement; 2007. L. ASTM C 171 - Standard Specification for Sheet Materials for Curing Concrete; 2007. M. ASTM C 173/C 173M - Standard Test Method for Air Content of Freshly Mixed Concrete by the Volumetric Method; 2008a. N. ASTM C 260 - Standard Specification for Air - Entraining Admixtures for Concrete; 2006. O. ASTM C 618 - Standard Specification for Coal Fly Ash and Raw or Calcined Natural Pozzolan for Use in Concrete; 2008a. P. ASTM C 881/C 881M -Standard Specification for Epoxy- Resin -Base Bonding Systems for Concrete; 2002. 1.04 DESIGN REQUIREMENTS`�� A. The project design is based on 4000 psi minimum compressive strengths for various cast -in -place concrete components: NOV 2 4 2009 B. Do not permit superimposed loads to be applied to concrete components before 14 days City Clerk Iowa City, Iowa CAST -IN -PLACE CONCRETE 033000-1 09.097 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa following placement or until at least 75 percent of minimum design compressive strength has been achieved. 1.05 SUBMITTALS A. See Section 013300 - Construction Submittals, for submittal procedures. B. Product Data: Submit manufacturers' data on manufactured products showing compliance with specified requirements. C. Proposed Mix Design: Material proportions for concrete. 1.06 QUALITY ASSURANCE A. Perform work of this section in accordance with ACI 301 and ACI 318. PART2 PRODUCTS 2.01 REINFORCEMENT A. Reinforcing Steel: ASTM A 615/A 615M Grade 60 (420). 1. Type: Deformed billet -steel bars. 2. Finish: Unfinished, unless otherwise indicated. 2.02 CONCRETE MATERIALS A. Cement: ASTM C 150, Type I - Normal portland type. 1. Acquire all cement for entire project from same source. B. Fine and Coarse Aggregates: ASTM C 33. C. Fly Ash: ASTM C 618, Class C or F. D. Water: Clean and not detrimental to concrete. 2.03 CHEMICAL ADMIXTURES A. Do not use chemicals that will result insoluble chloride ions in excess of 0.1 percent by weight of cement. B. Air Entrainment Admixture: ASTM C 260. 2.04 ACCESSORY MATERIALS 2.05 BONDING AND JOINTING PRODUCTS A. Epoxy Bonding System: Complying with ASTM C 881/C 881 M and of Type required for specific application. B. Waterproofing Admixture Slurry: Slurry coat of portland cement, sand, and crystalline waterproofing additive, mixed with water in proportions recommended by manufacturer to achieve waterproofing at cold joints in concrete. 1. Manufacturers: a. Aquafin, Inc: www.aquafin.net. b. Xypex Chemical Corporation: www.xypex.com. C. Insulation Joint Filler: Extruded polystyrene board insulation. 2.06 CONCRETE MIX DESIGN ��' A. Proportioning Normal Weight Concrete: Comply with ACI 211.1 recommendations. NOV 2 4 2009 B. Admixtures: Add acceptable admixtures as recommended in ACI 211.1 and at rates recommended by manufacturer. City Clerk Iowa City, Iowa CAST -IN -PLACE CONCRETE 033000-2 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT 09.097 Public Works, Iowa City, Iowa C. Normal Weight Concrete: 1. Cementitious Materials Content: Minimum 525 lb per cubic yard. a. Fly Ash Content: Minimum 15 percent of cementitious materials by weight. 2. Ratio of Water to Cementitious Materials (percent by weight): a. Foundation Walls (air- entrained): Maximum 50 percent. 3. Total Air Content: 6 percent, determined In accordance with ASTM C 173/C 173M. 4. Maximum Aggregate Size: 314 inch. 2.07 MIXING A. Transit Mixers: Comply with ASTM C 941C 94M; 1 -1/2 hour maximum mixing and delivery time. 1. When air temperature is above 90 degrees F, reduce maximum mixing and delivery time to 60 minutes. PART3 EXECUTION 3.01 EXAMINATION A. Verify lines, levels, and dimensions before proceeding with work of this section. B. Verify removal of edge of interior floor slab and placement of insulation joint filler around entire perimeter of interior floor slab. 3.02 PREPARATION A. Where new concrete is to be bonded to existing concrete, prepare existing surface by cleaning with steel brush and applying epoxy bonding system materials in accordance with manufacturer's instructions. B. Where new concrete is to be bonded to existing concrete, prepare surfaces to be treated in accordance with waterproofing manufacturer's instructions. Saturate cold joint surface with clean water, and remove excess water before application of coat of waterproofing admixture slurry. Apply slurry coat uniformly with semi -stiff bristle brush at rate recommended by waterproofing manufacturer. C. In locations where new concrete is doweled to existing work, drill holes in existing concrete, insert steel dowels and pack solid with non - shrink grout. Accurately position continuous horizontal reinforcing bar and secure to dowels. 3.03 PLACINGCONCRETE A. Place concrete in accordance with ACI 304R. B. Notify Architect not less than 24 hours prior to commencement of placement operations. C. Place concrete continuously between predetermined construction joints. D. Screed top surface of foundation wall level, maintaining surface flatness of maximum 1/8 inch in 10 ft except where more stringent tolerance is required by solarium manufacturer. 3.04 CURING AND PROTECTION A. Comply with requirements of ACI 308R. Immediately after placement, protect concrete from premature drying, excessively hot or cold temperatures, and mechanical injury. e yye' ED B. Maintain concrete with minimal moisture loss at relatively constant temperature for period �A 1 necessary for hydration of cement and hardening of concrete. /0!5/6L_ 3.05 DEFECTIVE CONCRETE NOV 2 4 nog A. Defective Concrete: Concrete not conforming to required lines, details, dimensions, tolerances City Clerk or specified requirements. town City, towa CAST -IN -PLACE CONCRETE 033000-3 09.097 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa B. Repair or replacement of defective concrete will be determined by the Architect. The cost of additional testing shall be borne by Contractor when defective concrete is identified. C. Do not patch, fill, touch -up, repair, or replace exposed concrete except upon express direction of Architect for each individual area. END OF SECTION I0:5la- NOV 2 4 M9 City Clerk Iowa City, Iowa CAST -IN -PLACE CONCRETE 033000-4 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT 09.097 Public Works, Iowa City, Iowa SECTION 079005 - JOINT SEALERS PART1 GENERAL 1.01 SECTION INCLUDES A. Sealants and joint backing. B. Compressible foam sealing tapes. 1.02 RELATED REQUIREMENTS A. Section 13 3413- Glazed Structures: Glazing gaskets and accessories. 1.03 REFERENCE STANDARDS A. ASTM C 920 -Standard Specification for Elastomeric Joint Sealants; 2005. B. ASTM C 1193 -Standard Guide for Use of Joint Sealants; 2009. C. ASTM D 1667 -Standard Specification for Flexible Cellular Materials-- Poly(Vinyl Chloride) Foam (Closed - Cell); 2005. 1.04 ADMINISTRATIVE REQUIREMENTS A. Coordinate the work with other sections referencing this section. 1.05 SUBMITTALS A. See Section 01 3300 - Construction Submittals, for submittal procedures. B. Product List: Provide schedule of proposed sealants recommended by the manufacturer as being acceptable for use in the intended application and with the substrates with which it will come into contact. C. Product Data: Provide data indicating sealant chemical characteristics, performance criteria, substrate preparation, limitations, and color availability. D. Compatibility and Adhesion Test Reports: Indicate materials and products which were tested by sealant manufacturer for compatibility and adhesion with sealants. Include interpretation of test results relative to sealant performance, and recommendations for primers and substrate preparation necessary for adhesion. E. Manufacturer's Installation Instructions: Indicate special procedures and surface preparation. 1.06 QUALITY ASSURANCE A. Applicator Qualifications: Company specializing in performing the work of this section with minimum five years documented experience. B. Compatibility and Adhesion Testing: Submit to sealant manufacturer, samples of materials and products that will contact and affect sealant installation and performance; test for compatibility and adhesion. 1.07 FIELD CONDITIONS A. Maintain temperature and humidity recommended by the sealant manufacturer during and after installation. 1.06 WARRANTY JO:j %cam A. See Section 01 7700 - Closeout Procedures, for additional warranty requirements. NOV 2 4 2009 B. Special Warranty: Correct defective work within a five year period after Date of Substantial Completion. City Clerk Iowa City, Iowa JOINT SEALERS 07 9005 -1 09.097 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa C. Warranty: Include coverage for installed sealants and accessories which fail to achieve airtight seal, exhibit loss of adhesion or cohesion, or do not cure. PART2 PRODUCTS 2.01 SEALANTS A. General Purpose Exterior Sealant: Silicone; ASTM C 920, Type S, Grade NS, Class 50, Uses NT, M, G, A and O; single component, neutral curing. 1. Color: Standard colors matching finished surfaces. 2. Applications: Use for: a. Joints between masonry and other materials. b. Joints between metal and other materials. c. Sealing under thresholds at exterior doors. d. Other exterior joints for which no other sealant is indicated. B. Concrete Paving Joint Sealant: Polyurethane, self - leveling; ASTM C 920, Class 25, Uses T, I, M and A; single component. 1. Color: Gray. 2. Applications: Use for: a. Joints in pedestrian paving. C. Silicone Glazing Sealant: ASTM C 920, Type S, Grade NS, Class 25, Uses NT, A, G; single component, solvent curing, non - sagging, non - staining, fungus resistant, non - bleeding. 1. Color: Standard colors matching finished surfaces. 2. Movement Capability: Plus and minus 25 percent. 3. Service Temperature Range: -65 to 180 degrees F. 4. Shore A Hardness Range: 15 to 35. 5. Applications: Use for: a. Nonstructural glazing of glass, metal and plastic.. 2.02 COMPRESSIBLE FOAM TAPE A. Product: Norton(r) PVC compressible foam tape with pressure sensitive adhesive one side, manufactured by Saint - Gobain Performance Plastics: www.plastics.saint - gobain.com. B. Applications: Width and thickness appropriate for intended use. 1. Glazing Tape: Norseal(r) V730. 2. Heavy duty, weather resistant seals: Norseal(r) V760. 2.03 ACCESSORIES A. Primer: Non - staining type, recommended by sealant manufacturer to suit application. B. Joint Cleaner: Non - corrosive and non - staining type, recommended by sealant manufacturer; compatible with joint forming materials. C. Joint Backing: Round foam rod compatible with sealant; closed cell polyethylene; oversized 30 to 50 percent larger than joint width. D. Bond Breaker: Pressure sensitive tape recommended by sealant manufacturer to suit application. PART3 EXECUTION 3.01 EXAMINATION A. Verify that substrate surfaces and joint openings are ready to receive work. 4 2009 B. Verify that joint backing and release tapes are compatible with sealant. NOV 2 City Cterk lowa City, 1Owa JOINT SEALERS 079005-2 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT 09.097 Public Works, Iowa City, Iowa 3.02 PREPARATION A. Remove loose materials and foreign matter that could impair adhesion of sealant. B. Clean and prime joints in accordance with manufacturer's instructions. C. Perform preparation in accordance with manufacturer's instructions and ASTM C 1193. D. Protect elements surrounding the work of this section from damage or disfigurement. 3.03 INSTALLATION A. Perform work in accordance with sealant manufacturer's requirements for preparation of surfaces and material installation instructions. B. Perform installation in accordance with ASTM C 1193. C. Measure joint dimensions and size joint backers to achieve width -to -depth ratio, neck dimension, and surface bond area as recommended by manufacturer. 1. Minimum Joint Width: 1/4 inch. 2. Maximum Joint Depth: 1/2 inch. D. Install bond breaker where joint backing is not used. E. Install sealant free of air pockets, foreign embedded matter, ridges, and sags. F. Apply sealant within recommended application temperature ranges. Consult manufacturer when sealant cannot be applied within these temperature ranges. G. Tool joints concave. H. Compressible Foam Tape Sealant: Do not stretch; install with edges recessed 1/8 inch from adjacent surfaces. 3.04 CLEANING A. Clean adjacent soiled surfaces. 3.05 PROTECTION A. Protect sealants until cured. END OF SECTION l0,'S(c NOV 2 4 2009 Cite Clerk JoNNa Cite, luwa JOINT SEALERS 079006-3 -BLANK PAGE- MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa SECTION 081116 - ALUMINUM DOORS AND FRAMES PART1 GENERAL 1.01 SECTION INCLUDES A. Tubular aluminum doors, thermally broken. B. Aluminum door subframes. C. Door Hardware. D. Accessories, including fasteners and brackets. 1.02 RELATED REQUIREMENTS A. Section 08 8000 - Glazing: Insulated glass units. B. Section 13 3413 - Glazed Structures: Solarium framing. 1.03 REFERENCE STANDARDS A. AAMA 609 -Voluntary Guide Specification for Cleaning and Maintenance of Architectural Anodized Aluminum; American Architectural Manufacturers Association; 2002. B. AAMA 701/702 -Voluntary Specifications for Pile Weatherstripping and Replaceable Fenestration Weatherseals; American Architectural Manufacturers Association; 2004. 09.097 C. AAMA 2604 - Voluntary Specification, Performance Requirements and Test Procedures for High Performance Organic Coatings on Aluminum Extrusions and Panels; American Architectural Manufacturers Association; 2005. D. ASTM A 123/A 123M - Standard Specification for Zinc (Hot -Dip Galvanized) Coatings on Iron and Steel Products; 2002. E. ASTM B 221 - Standard Specification for Aluminum and Aluminum -Alloy Extruded Bars, Rods, Wire, Profiles, and Tubes; 2008. F. ASTM B 221M - Standard Specification for Aluminum and Aluminum -Alloy Extruded Bars, Rods, Wire, Profiles, and Tubes [Metric]; 2007. 1.04 SUBMITTALS A. See Section 01 3300 - Construction Submittals, for submittal procedures. B. Product Data: Manufacturer's descriptive literature for each type of door; include information on fabrication methods, hardware preparation, and installation. C. Shop Drawings: Include door elevations and subframe details. D. Schedule of Door Hardware: Include manufacturer's catalogue cuts. 1.05 QUALITY ASSURANCE A. Installer: Same as solarium installer. 1.06 DELIVERY, STORAGE, AND HANDLING A. Deliver aluminum components in manufacturer's standard protective packaging, palleted, crated, or banded together. FILED 181,51a NOV 24 2009 B. Inspect delivered components for damage and replace. Repaired components will not be accepted. C. Store components under cover in manufacturer's packaging until installation. City Clerk Iowa City, Iowa ALUMINUM DOORS AND FRAMES 081116-1 09.097 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa PART2 PRODUCTS 2.01 MANUFACTURERS A. The design of the project has been based on products manufactured by Vistawall Architectural Products: www.vistawall.com. 1. Substitutions: See Section 01 6000- Product Requirements. 2.02 MATERIALS A. Extruded Aluminum: ASTM B 221 (ASTM B 221M), alloy 6063 -T5 or alloy 6463 -T5. 2.03 COMPONENTS A. Tubular Aluminum Doors: Thermal Wide Stile Entrance, Web Model WS500T, 2 -1/4 inch thick, glazed doors using materials as follows: 1. Extruded aluminum tubing, 0.125 in minimum thickness. a. Stile width: Nominal 5 in. b. Bottom Rail: Nominal 8 inch height. 2. Glazing: 1 inch insulating units specified in Section 08 8000. 3. Replaceable Weatherstripping: AAMA 7011702 wool pile. B. Aluminum Door - Subframes: Provide subframes sized to fit solarium mullions indicated on the drawings, in profiles Indicated, and constructed from materials as follows: 1. Frame Members: Extruded aluminum shapes, not less than 0.090 in thick, reinforced at hinge and strike locations; snap -on stops with bulb type weatherstripping gaskets. 2. Corner Brackets: Extruded aluminum, fastened with stainless steel screws. 3. Trim: Extruded aluminum, not less than 0.062 in thick, removable snap -in type without exposed fasteners. C. Insulated Glass Units: As specified in Section 08 8000. 1. IG -1: 1 inch thick insulated safety glass. 2.04 DOOR HARDWARE A. Door manufacturer's standard hardware as follows: 1. Continuous Geared Hinges: Pemko, Hager. a. Material: Type 316 stainless steel. 2. Panic Device: Von Duprin, 88 Series, concealed vertical rod. a. Hex key dogging for push -pull operation. b. Outside Trim: 880DT Pull, stainless steel. 3. Overhead Holder /Stop: Glynn Johnson, 100 HP Series. a. Material: 300 Series Stainless Steel; US32D finish. b. Size for glazed aluminum door, 36 x 96 inch opening. c. Shock absorbing stop and automatic hold -open built into channel. 4. Threshold: Two -piece ramp and saddle design based on Zero International components: a. Ramp: Model No. 236A; 6 x 1/2 inch. 2.05 FINISHES A. Finish: High Performance Organic Coaling: Kynar /Polyvinylidene Fluoride (PVDF) complying with requirements of AAMA 2604; color as selected from manufacturer's full range by Architect. 2.06 FABRICATION A. Door sizes shown are nominal; provide standard clearances as follows: FILED 1. Hinge and Lock Stiles: 0.125 inch. 2. Between Meeting Stiles: 0.250 inch. NOV 2 4 M5 3. At Top Rail and Bottom Rail: 0.125 inch. City clerk o`va Iowa City, ALUMINUM DOORS AND FRAMES 081116-2 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT 09.097 Public Works, Iowa City, Iowa B. Sizes and locations of lights: As indicated on drawings. C. Aluminum frames: Sizes and contours as indicated on drawings. 2.07 ACCESSORIES A. Fasteners: Aluminum, non - magnetic stainless steel, or other material warranted by manufacturer as non - corrosive and compatible with aluminum components. B. Brackets and Reinforcements: Manufacturer's high- strength aluminum units where feasible, otherwise, non - magnetic stainless steel or steel hot -dip galvanized in compliance with ASTM A 123/A 123M. C. Bituminous Coating: Cold- applied asphaltic mastic, compounded for 30 -mil thickness per coat. PART3 EXECUTION 3.01 EXAMINATION A. Verify that wall surfaces and openings are ready to receive frames and are within tolerances specified in manufacturer's instructions. B. Verify that frames installed by other trades for installation of doors of this section are in strict accordance with recommendations and approved shop drawings and within tolerances specified in manufacturer's instructions. 3.02 PREPARATION A. Perform cutting, filling, forming, drilling, and grinding of frames as required for project conditions. B. Replace components with damage to exposed finishes. C. Separate dissimilar metals to prevent electrolytic action between metals. 3.03 INSTALLATION A. Install doors and frames in accordance with manufacturer's instructions and approved shop drawings. B. Set frames plumb, square, level, and aligned to receive doors. Anchor frames to adjacent construction in strict accordance with manufacturer's recommendations and within specified tolerances. C. Where aluminum surfaces contact metals other than stainless steel, zinc, or small areas of white bronze, protect from direct contact by painting dissimilar metal with heavy coating of bituminous paint. D. Hang doors and adjust hardware to achieve specified clearances and proper door operation. 3.04 CLEANING A. Upon completion of installation, thoroughly clean door and frame surfaces in accordance with AAMA 609. B. Do not use abrasive, caustic, or acid cleaning agents. 3.05 PROTECTION A. Protect products of this section from damage caused by subsequent construction until substantial completion. 14} t y 3 ;_� .P. B. Replace damaged or defective components that cannot be repaired to a condition /O 61ti indistinguishable from undamaged components. NOV 2 4 M.9 City Clerk Iowa City, Iowa ALUMINUM DOORS AND FRAMES 081116-3 09.097 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa END OF SECTION �� 4 2009 �pV 2 City C1e�owa Iowa Ctty, ALUMINUM DOORS AND FRAMES 081116-4 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT 09.097 Public Works, Iowa City, Iowa SECTION 088000 -GLAZING I PART1 GENERAL 1.01 SECTION INCLUDES A. Glass for vision glazing. 1.02 RELATED REQUIREMENTS A. Section 07 9005 - Joint Sealers: Sealant and back -up material. B. Section 08 1116 - Aluminum Doors and Frames: Glazed doors for Solarium. C. Section 13 3413 - Glazed Structures: Solarium. 1.03 REFERENCE STANDARDS A. ASTM C 1036 - Standard Specification for Flat Glass; 2006. B. ASTM C 1048 - Standard Specification for Heat - Treated Flat Glass- -Kind HS, Kind FT Coated and Uncoated Glass; 2004. C. ASTM C 1172 - Standard Specification for Laminated Architectural Flat Glass; 2003. D. ASTM C 1193 - Standard Guide for Use of Joint Sealants; 2009. E. ASTM E 1300 - Standard Practice for Determining Load Resistance of Glass in Buildings; 2007. F. ASTM E 2190 - Standard Specification for Insulating Glass Unit Performance and Evaluation; 2006. G. GANA (GM) - GANA Glazing Manual; Glass Association of North America; 2004. H. GANA (SM) - FGMA Sealant Manual; Glass Association of North America; 1990. I. GANA (LGDG) - Laminated Glazing Reference Manual; Glass Association of North America; 2006. J. SIGMA TM -3000- Glazing Guidelines for Sealed Insulating Glass Units; Sealed Insulating Glass Manufacturers Association; 2004. 1.04 ADMINISTRATIVE REQUIREMENTS A. Preinstallation Meeting: Convene a preinstallation meeting one week before starting work of this section; require attendance by all affected installers. 1.05 SUBMITTALS A. See Section 01 3300 - Construction Submittals, for submittal procedures. B. Product Data on Glass Types: Provide structural, physical and environmental characteristics, size limitations, special handling or installation requirements. C. Product Data on Glazing Compounds: Provide chemical, functional, and environmental characteristics, limitations, special application requirements. Identify available colors. D. Certificates: Certify that products meet or exceed specified requirements. 1.06 QUALITY ASSURANCE A. Perform Work in accordance with GANA Glazing Manual and FGMA Sealant Manual for glazingp , ILL Tl installation methods. IL.LI� /O,'5/a.- 1.07 FIELD CONDITIONS NOV 24 2009 City Clerk Iowa City, Iowa GLAZING 088000-1 09.097 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa A. Do not install glazing when ambient temperature is less than 50 degrees F. 1.08 WARRANTY A. See Section 01 7700 - Closeout Procedures, for additional warranty requirements. B. Sealed Insulating Glass Units: Provide a ten (10) year warranty to include coverage for seal failure, interpane dusting or misting, including replacement of failed units. C. Laminated Glass: Provide a five (5) year warranty to include coverage for delamination; including replacement of failed units. PART2 PRODUCTS 2.01 GLAZINGTYPES A. Type IG -1 - Sealed Insulating Glass Units: Vision glazing, low -E. 1. Application(s): Vertical glazing. 2. Basis of Design: PPG Industries, Inc: www.ppgideascapes.com. 3. Outboard Lite: Fully tempered float glass, 1/4 inch thick, minimum. a. Coating: PPG Solarban 70XL on #2 surface, no coating on #3 surface. 4. Inboard Lite: Fully tempered float glass, 1/4 inch thick. a. Tint: None (clear). 5. Total Thickness: 1 inch. 6. Total Visible Light Transmittance: 64 percent, nominal. 7. Total Solar Heat Gain Coefficient: 27 percent, nominal. 8. Glazing Method: Gasket glazing. B. Type IG -2 - Sealed Insulating Glass Units: Vision glazing, low -E. 1. Application: Exterior sloped glazing where indicated. 2. Outboard Lite: Heat - strengthened float glass, 1/4 inch thick, minimum. a. Coating: PPG Solarban 70XL on #2 surface, no coating on #3 surface. 3. Inboard Lite: Laminated, heat - strengthened float glass, 3/8 inch thick. a. Tint: Clear. b. Clear Plastic Interlayer. 4. Total Thickness: 1 -1/8 inch. 5. Glazing Method: Gasket glazing. 2.02 EXTERIOR GLAZING ASSEMBLIES A. Structural Design Criteria: Select type and thickness to withstand dead loads and wind loads acting normal to plane of glass at design pressures calculated in accordance with ASCE 7. 1. Use the procedure specified in ASTM E 1300 to determine glass type and thickness. 2. Limit glass deflection to 11200 or flexure limit of glass, whichever is less, with full recovery of glazing materials. 3. Thicknesses listed are minimum. B. Air and Vapor Seals: Provide completed assemblies that maintain continuity of building enclosure vapor retarder and air barrier: 1. In conjunction with joint sealer materials described in other sections. 2. To maintain a continuous air barrier and vapor retarder throughout the glazed assembly from glass pane to heel bead of glazing sealant. 2.03 GLASS MATERIALS A. Float Glass Manufacturers: 1. PPG Industries, Inc: www.ppg.com. $A -D 2. Substitutions: Refer to Section 016000 - Product Requirements. N�V '2 2n�9 B. Float Glass: All glazing is to be float glass unless otherwise indicated. (:ity Clerk Iowa Cuy, luw:GLAZING 088000-2 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT 09.097 Public Works, Iowa City, Iowa 1. Annealed Type: ASTM C 1036, Type I, transparent flat, Class 1 clear, Quality Q3 (glazing select). 2. Heat- Sirenglhened and Fully Tempered Types: ASTM C 1048. 3. Tinted Types: Color and performance characteristics as indicated. 4. Thicknesses: As indicated; for exterior glazing comply with specified requirements for wind load design regardless of specified thickness. C. Laminated Glass: Heat - strengthened float glass laminated in accordance with ASTM C 1172. 1. Plastic Interlayer: 0.060 inch thick, minimum. 2. Manufacturers: a. Oldcastle Glass, Inc.: www.oldcastleglass.com. b. Substitutions: Refer to Section 016000 - Product Requirements. 2.04 SEALED INSULATING GLASS UNITS A. Sealed Insulating Glass Units: Types as indicated. 1. Durability: Certified by an independent testing agency to comply with ASTM E 2190. 2. Edge Spacers: Aluminum, bent and soldered corners. 3. Edge Seal: Glass to elastomer with supplementary silicone sealant. 4. Purge Interpane space with dry hermetic air. 2.05 GLAZING ACCESSORIES A. Glazing Gaskets and Blocking: See Section 13 3413. B. Glazing Clips: Manufacturers standard type. PARTS EXECUTION 3.01 INSTALLERS A. Acceptable Installers: Same as for Solarium specified in Section 13 3413. 3.02 EXAMINATION A. Verify that openings for glazing are correctly sized and within tolerance. B. Verify that surfaces of glazing channels or recesses are clean, free of obstructions that may impede moisture movement, weeps are clear, and ready to receive glazing. 3.03 PREPARATION A. Clean contact surfaces with solvent and wipe dry. B. Install sealants in accordance with ASTM C 1193 and FGMA Sealant Manual. 3.04 INSTALLATION- EXTERIOR /INTERIOR DRY METHOD (GASKET GLAZING) A. Specified in Section 13 3413. 3.05 CLEANING A. Remove glazing materials from finish surfaces. B. Remove labels after Work is complete. C. Clean glass and adjacent surfaces. END OF SECTION IVIED NOV 2 4 2009 City Clerk Iowa City, Iowa GLAZING 088000-3 -BLANK PAGE- MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT 09.097 Public Works, Iowa City, Iowa SECTION 133413 - GLAZED STRUCTURES PART1 GENERAL 1.01 SECTION INCLUDES A. Structural aluminum framing system for solarium glazed with insulated flat glass units. 1.02 RELATED REQUIREMENTS A. Section 016000 - Product Requirements: Fundamental product requirements, substitutions and product options, delivery, storage, and handling. B. Section 01 7000 - Execution Requirements: Examination, preparation, and general installation procedures; preinstallation meetings; cleaning and protection; closeout procedures except payment procedures; requirements for alterations work. C. See Section 01 7419 - Construction Waste Management and Disposal. D. Section 02 4100 - Demolition: Selective demolition and removal of existing solarium framing system. E. Section 08 1116 - Aluminum Doors and Frames: Glazed aluminum entrance doors. F. Section 08 8000 - Glazing: Insulated glass units for solarium. 1.03 REFERENCE STANDARDS A. AAMA CW -10 -Care and Handling of Architectural Aluminum From Shop to Site; American Architectural Manufacturers Association; 2004. B. AAMA 501.2 -Field Check of Metal Storefronts, Curtain Walls, and Sloped Glazing Systems for Water Leakage; American Architectural Manufacturers Association; 2003 (part of AAMA 501). C. AAMA 2605- Voluntary Specification, Performance Requirements and Test Procedures for Superior Performing Organic Coatings on Aluminum Extrusions and Panels; 2005. D. ASTM B 209 -Standard Specification for Aluminum and Aluminum -Alloy Sheet and Plate; 2007. E. ASTM B 221 -Standard Specification for Aluminum and Aluminum -Alloy Extruded Bars, Rods, Wire, Profiles, and Tubes; 2008. 1.04 ADMINISTRATIVE REQUIREMENTS A. Coordination: Coordinate the installation of solarium framing system with installation of aluminum doors and B. Take field dimensions and examine conditions of substrates prior to preparation of shop drawings. Show recorded measurements on shop drawings. C. Preinstallation Meeting: Conduct a preinstallation meeting one week prior to the start of the work of this section; require attendance by all affected installers. 1.05 SUBMITTALS A. See Section 01 3300 - Construction Submittals, for submittal procedures. B. Product Data: Provide component dimensions, describe components within assembly, anchorage and fasteners, glazing, condensate drainage details and perimeter sealant. FAILED C. Shop Drawings: Indicate system dimensions, framed opening requirements and tolerances, affected related Work, flashing and sealant joint locations and details, and field connection NOV 2 4 2009 requirements. City Clerk Iowa City, Iowa GLAZED STRUCTURES 133413 -1 09.097 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa D. Delegated Design Data: Provide framing member structural and physical characteristics and engineering calculations, and Identify dimensional limitations. E. Warranty: Submit manufacturer warranty and ensure that forms have been completed in City of Iowa City, Iowa's name and registered with manufacturer. 1.06 QUALITY ASSURANCE A. Installer Qualifications: Company specializing in performing the work of this section and approved by manufacturer. 1.07 DELIVERY, STORAGE, AND HANDLING A. Deliver new materials and store under cover at project site before beginning work at the site. B. Protect finished aluminum surfaces with wrapping. Do not use adhesive papers or sprayed coatings that bond to aluminum when exposed to sunlight or weather. 1.08 FIELD CONDITIONS A. Do not install sealants when ambient temperature is less than 45 degrees F. Maintain this minimum temperature during and 48 hours after installation. 1.09 WARRANTY A. See Section 01 7700 - Closeout Procedures, for additional warranty requirements. B. Special Manufacturer Warranty: Correct defective Work within a five year period after Date of Substantial Completion. PART2 PRODUCTS 2.01 SOLARIUM - ALUMINUM FRAMING SYSTEM A. Basis of Design Manufacturer: Naturalite Skylight Systems, The Vistawall Group. B. Other Acceptable Manufacturers: 1. United States Aluminum Corp: www.usalum.com. 2. Substitutions: See Section 01 6000 - Product Requirements. C. Framing System: Naturalite BMS -3000, extruded aluminum framing system; factory fabricated and factory finished. 1. Description: Extruded aluminum framed solarium structure designed and fabricated for sloped overhead glazing, vertical wall glazing, and installation of glazed aluminum entrances. Include closures, trim, perimeter flashings, glazing accessories, blocking and related materials. Provide fasteners, anchors, and related reinforcement of framing system required to resist design loads. D. Components: 1. Aluminum Framing Members: Tubular aluminum sections fabricated from aluminum -alloy 6063 -T5/f6 or 6061 -T6. a. Cross - Section: 2 -1/2 inch nominal face dimension for vertical mullions and rafters with integral condensate gutters. Depths as indicated in Drawings. b. Structurally Reinforced Members: Use internal aluminum splice plates to reinforce framing members where required; mechanically fasten with stainless steel fasteners. c. Extruded aluminum glazing caps. 2. Formed Aluminum Closures and Flashings: 0.062 inch thick sheet aluminum. E. Performance Requirements: R / 0;51a 1. Design minimal- thrusting framing system to support the following load requirements with NOV 2 4 2009 maximum allowable deflection of glazing support members of U240 of the unsupported city CIZT1. w, loaa City, n GLAZED STRUCTURES 133413 -2 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT 09.097 Public Works, Iowa City, Iowa span. a. PSF snow load plus dead load. b. PSF positive wind load plus dead load. C. PSF negative wind load plus dead load. d. Concentrated live load of 250 pounds applied to framing members at location which produces maximum stress or deflection. e. Thermal load (heated enclosure) of plus or minus 50 degrees F from ambient temperature. 2. Air and Water Resistance: a. Air Infiltration: Limit air infiltration through assembly to 0.06 cu ft/min /sq ft of wall area, measured at a reference differential pressure across assembly of 6.24 psf as measured in accordance with ASTM E 283. b. Water Leakage: None, when measured in accordance with ASTM E 331 at a test pressure difference of 12lbf /sq ft. c. Condensation Control: Integral, flush condensate gutters drain to sill where accumulated moisture is weeped directly to exterior. F. Finish: 1. Superior Performance Organic Coating System: AAMA 2605 multiple coat, thermally cured polyvinylidene fluoride system; color as selected from manufacturer's standard colors. 2.02 MATERIALS A. Extruded Aluminum: ASTM B221 (ASTM B 221M). B. Sheet Aluminum: ASTM B 209 (ASTM B 209M). C. Fasteners: 300 Series stainless steel. D. Weatherseal Sealant: Silicone, same type as glazing adhesive; perform compatibility testing. 2.03 GLAZED ALUMINUM ENTRANCES A, Aluminum Entrance Doors: See Section 08 1116. 2.04 GLAZING A. Insulated Glass Units: See Section 08 8000. B. Glazing Accessories: EPDM gaskets and blocking. 1. Interior gaskets: Extruded, dense EPDM gaskets; 60 Shore A durometer complying with ASTM C864. 2. Exterior gaskets: Extruded, closed -cell, sponge EPDM gaskets; comply with ASTM C509. 3. Ozone resistant when tested in accordance with ASTM Of 149. 2.05 FABRICATION A. Fabricate components with minimum clearances and shim spacing around perimeter of assembly, yet enabling installation and dynamic movement of perimeter seal. B. Accurately fit and secure joints and corners. Make joints flush, hairline, and weatherproof. C. Prepare components to receive anchor devices. Fabricate anchors. D. Coat concealed metal surfaces that will be in contact with cemenlitious materials or dissimilar metals with bituminous paint. A'Af ILL:JJ E. Arrange fasteners and attachments to conceal from view. J011'5_1 - F. Reinforce framing members for imposed loads. NOV 24 2009 G. Finishing: Apply factory finish to all surfaces that will be exposed in completed assemblies. c irvclerk RMNS bur Iowa GLAZED STRUCTURES 133413 -3 09.097 MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa 1. Touch -up surfaces cut during fabrication so that no natural aluminum is visible in completed assemblies, including joint edges. PART3 EXECUTION 3.01 EXAMINATION A. Verify dimensions, tolerances, and method of attachment with other work. B. Verify that wall openings and adjoining air and vapor seal materials are ready to receive work of this section. C. Verify that anchorage devices have been properly installed and located. 3.02 PREPARATION A. Demolition: See Section 024100. B. Removal: Existing solarium structure. 3.03 INSTALLATION A. Install solarium framing in accordance with manufacturer's instructions and shop drawings. B. Install insulating glass in accordance with requirements In Section 08 8000. C. Install entrance doors and hardware in accordance with Section 08 1116. 3.04 TOLERANCES A. Maximum Variation From True Position: 114 inch. B. Maximum Variation from Plumb: 0.06 Inches every 3 ft non - cumulative or 0.5 inches per 100 ft, whichever is less. C. Maximum Misalignment of Two Adjoining Members Abutting in Plane: 1/32 inch. D. Sealant Space Between Solarium Framing and Adjacent Construction: Maximum of 5/8 inch and minimum of 1/4 inch. 3.05 FIELD QUALITYCONTROL A. Provide the services of the manufacturer's field representative to observe installation and make report. 3.06 CLEANING A. See Section 01 7419 - Construction Waste Management and Disposal for additional requirements. B. Remove protective material from pre - finished aluminum surfaces. C. Wash down surfaces with a solution of mild detergent in warm water, applied with soft, clean wiping cloths. Take care to remove dirt from corners. Wipe surfaces clean. 3.07 PROTECTION A. Protect installed products from damage during subsequent construction. B. Touch -up minor damage to factory applied finish; replace components that cannot be satisfactorily repaired. C. Protect finished work from damage. NOV 2 4 901`19 City Clerk END OF SECTION Iowa City, lows GLAZED STRUCTURES 133413 -4 '� IOIZ V R z z Z UI W U It W 5 J U) W D O rr on U2 z (1) V z PL. 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A } . § . §- - \ \ ) ` §, o; \ � ! � / O c � � 2 C2 2 - » « ° \2 «? � Z � � \ / ; / a 5 / ® ®® �j © / ° i�� r§§` _ LU \R� &§ ) °�*0, ( I :/ _. :� _ _. \2 \) (\ ` (} r r � � NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT 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 plans, specifications, form of contract and estimated cost for the construction of the Mercer Park Aquatic Center Solarium Replacement Project in said City at 7:00 p.m. on the 14'' day of December, 2009, said meeting to be held in the Emma J. Harvat Hall in City Hall in said City, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Said plans, specifications, form of contract and estimated cost are now on file in the office of the City Clerk in 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 plans, specifications, contract 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. MARIAN K. KARR, CITY CLERK pwenglnph\Merce rSolarium- nph.doc Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240,(319)356-5044 RESOLUTION NO. 09 -364 RESOLUTION SETTING A PUBLIC HEARING ON DECEMBER 14, 2009 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above - mentioned project is to be held on the 14th day of December 2009, at 7:00 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. That 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. That the copy of the plans, specifications, form of contract, 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 1st day of ATTEST: CIT LERK pweng4es%selph -Mere r8olarium.doe City Attorney's Office l //23 �oq Resolution No. 09 -364 Page ? __ It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x_ Hayek x O'Donnell x Wilburn x Wright v,pdala/glossagre oluUomic.doc ADVERTISEMENT FOR BIDS MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, before 2:00 P.M. on the 7" day of January, 2010. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. 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 its next regular meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 12th day of January, 2010, or at a special meeting called for that purpose. The Project will involve the following: The project consists of the removal of the existing solarium on south side of Mercer Park Aquatic Center and construction of new replacement solarium. There will be a pre -bid conference on Tuesday, December 22 at 10:00 a.m. local time in the Procter and Gamble Room in Mercer Aquatic Center, 2701 Bradford Drive. All work is to be done in strict compliance with the plans and specifications prepared by Neumann Monson Architects, of Iowa City, Iowa, which have 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 accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond 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 and post bond satisfactory to the City 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. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabula- tion of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100 %) of the contract price, said bond to be issued by a responsible surety approved by the City Council, and shall guarantee the 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 one (1) year(s) from and after its com- pletion and formal acceptance by the City. The following limitations shall apply to this Project: Specified Start Date: Start date is when new solarium and glass is on site. The existing solarium must not be removed until the new can be installed and completed within 30 days. Liquidated Damages: $500 per day Substantial Completion: May 17, 2010 Final Completion: June 15, 2010 The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of Technigraphics of 125 South Dubuque Street, Iowa City, Iowa 52240, 319 - 354 -5950 by bona fide bidders. A $50.00 refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Technigraphics. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. Bidders shall list on the Form of 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 submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242 -4721. R -1 By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK pmnq%adbidsWerwrSolanum.doc 12 -09 M PrU Prepared by: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5044 RESOLUTION NO. 09 -383 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above -named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract 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 Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above -named project in a newspaper published at least once weekly and having a general circulation in the city. 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 2:00 p.m. on the 7th day of January, 2010. 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 7:00 p.m. on the 12th day of January, 2010, or at a special meeting called for that purpose. Passed and approved this 14th day of ATTEST: A, 4iar iC - CIT CLERK pwengVes'soladum.dou 12/00 2009 C Appip/ro�vedbyU � City Attorney's Office 1z 1 z�o9 Resolution No. 09 -383 Page 2 It was moved by Hayek and seconded by adopted, and upon roll call there were: Correia the Resolution be AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Hayek x O'Donnell x Wilburn _x Wright v pdatal&ssarylresolution4ado Printer's Fee $ 1J6 ,1$ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED. ID # 42- 0330670 , being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS- CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper 1 , time(s), on the following date( /s)): DEL Legal Cler Subscribed and sworn to before me this day A.D. 20�. •y Public FerAt$ LINDA ft KOTZ s `y Com;ni ion Number 732619 ,Vy Commission Expires January 27,2011 OFFICIAL PUBLICATION VOTICE OF PUBLIC HEARING ON , .— oocr wlr.ATIONS. FORM OF IUWA ci I ., YRAVFRSOF THE CITY vPublic notice is hereby given that the City Council of the City of Iowa City Iowa, will conduct a public hearing on plans, specifications, form of contract and estimated cost for the construction of the Mercer Park Aquatic Center Solarium Replacement Project in said City at 7:00 P.M. on the 14th day of December, 2009, said meeting to be hold in the Emma J. Newel Hall in City Hall in said City, or if said meeting is cancelled, at the next meeting of the City Council there- after as posted by the City Clerk. Said plans, specin- -ions; form of contract and estimated cost are now on file in the office of the City Clerk in City Hall in Iowa City, and may be inspected by any inter, of the of n Printer's Fee $ -tog CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS- CITIZEN FED. ID # 42- 0330670 being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS- CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper_ .time(s), on the following date(s): Legal Cl Subserit ed and sworn to before jjme this 0�� � day of,oA�.g_- A.D.20 C _ _ - a ry Public v °x`r LINDA KROTZ X CoMlyCornrnsslonbExpires'9 voan _P._ x _`=Y,. January 77 ?Oft ADVERTISEMENT FOR BIDS The following limitations shall MERCER PARK AQUATIC apply tolhisProject: Specified Start Date: Start date Is CENTER SOLARIUM REPLACEMENT when new solarium and glass is on 'PROJECT -' site. The existing solarium must not Sealed proposals will be received be removed until the new can be by the City Clerk of the City of Iowa installed and completed within 30 City, Iowa; before 2:00 P.M. on the 7th day of January, 2010. Sealed days. oidated Damages: $500 Liquidated per proposals will be opened immedi- ately there -after by the City : day Substantial Completion: May 17, Sub Engineer or designee. Bids sub -mit- led by fax machine shall net be 2010 Final Completion: June 15, 2010 P deemed a "sealed bid" for purposes The plans, specifications and pro- posed contract documents may be of this Project Proposals received after this deadline will be returned examined at the office ohlhe City to the bidder unopened; Proposals Clerk. Copies of said plans and will be acted upon by the City specifications and form of proposal blanks may be secured at the Office Council. at its nerd regular meeting, to be held In the Emma 1 Hewer of Technfgtaphlos. of 125 South Hall at 7.00 P.M. on the 12th day of Dubuque Street, Iowa City Iowa 52240, $193$4 -5950 by bona fide January, 2010, or at a special meet- Ing called for that purpose. . bidders, The Project will involve the follow- A. $50-00 refundable, fee is required for each, set of plans and trig The project consists of the removal spa icatons provided to bidders of the existing wisdom on south or other interested persons. The fee side of Mercer Park Aquatic Center shall be in the form of check, made payable to Technigraphics. and construction of new replace- ment solarium. There will be a pre. Prospective . bidders are advised bid conference on Tuesday, that the City of Iowa City desires to employ minority contractors and December 22 at 10:00 a,m. local time in the'. Procter and Gamble subcontractors on City projects: Room in Mercer Aquatic, Center,. Bidders,shalhiist on the Form of Proposal -the names of persons, 2701 Bradford Drive. _ Ali work is to be done in strict corn- firms, companies ,on other, parties pliance, with -the plans and specifi -. with whom the bidder intends to cations prepared by Neumann subcontract. This list shall include Monson Architects, of .Iowa City.. the type of work and approximate subcontract amoont(s) Iowa, which have herelodore been approved by too City Council, and The Contractor awarded the can- are on file for public exami- nation in tract shall submit a list on the Form the Office of the City Clerk. " Each proposal shall be completed of Agreement of the proposed sub- on a,form fumished by the City and contractors. reneger with nuanfi. rely to tionof all reasonable, good faith 410% efforts to recruit MBE's. 4101%. A fig minority contractors can tall be be obtained from'the -.Iowa JRERn..w........t... _r ,-_____._ successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory the City ensuring the faithful per - fontemce of the contract and main- tenance of sold Project, if required; pursuant to the provl6sions of this notice and the other contract docu- ments. Bid bonds of the lowest two or more bidders maybe retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and lab - motion of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred, per- cent ,(100%)' of the contract price, said bond to be issued by a respon- sible surety approved by the City Council, 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 opera- tion of the contract, and shall also guarantee the maintenance of the improvement for a period of one (1) year(s) front and after Its com -ple- tion and formal acceptance by the City, and provisions grown and coal and pro- duced within the State of Iowa, n to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act applies to the arm. tract with respect to bidders who are not Iowa residents The City reserves the right to reject any or all proposals, and also reserves the right to waive techni- calities and Irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK 77009 . December 16, 2009 .0,4zj Prepared by: Kumi Morris, Engineering Div., 410 E. Washington St., Iowa City, IA 52240 (319)356 -5044 RESOLUTION NO. 10 -16 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT. WHEREAS, Apex Construction Company of Iowa City has submitted the lowest responsible bid of $196,700.50 for construction of the above -named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above -named project is hereby awarded to Apex Construction Company, 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 is authorized to execute change orders as they may become necessary in the construction of the above -named project. Passed and approved this 12th day of January 20 to MAYOR- Approved 9/by ATTEST: 9 5 'ICGt<2 ✓�Le� +1n- nTta ✓x CITY'GLERK City Attorney's Office ///Z //o It was moved by Champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: X X x X x x pweng \res \mermsoia dum.doc 1110 NAYS: ABSENT: x Bailey Champion Dickens Hayek Mims Wilburn Wright MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa PERFORMANCE AND PAYMENT BOND Apex Construction Company, Inc. 4218 Yvette Street Iowa City, Iowa 52240 as (insert the name and address or legal title of the Contractor) Principal, hereinafter called the Contractor and Merchants Bonding Company (insert the legal title of the Surety) 2100 Fleur Dr Des Moines, Iowa 50321 , as Surety, hereinafter called the Surety, are held and firmly bound unto the City of Iowa City, Iowa, as obligee, hereinafter i one hundred ninety ..six thousand rinllars called the Owner, In the amount of 750 for the payment for which Contractor and Surety hereby bind themselves, their heirs, executors, administrators, successors and assigns, jotly and C) _ severally. WHEREAS, Contractor has, as of 1/12/2 010 , entered inE 0 r (date) m Mercer Park Aquatic SolariuEFppl4cerq�t written Agreement with Owner for Project; and >' f? WHEREAS, the Agreement requires execution of this Performance and Paymentbond, to be completed by Contractor, in accordance with plans and specifications prepared by Neum Monson Prchitects w�ci Agreement is by reference made a part hereof, and the agreed upon work is hereafter referred to as the Project. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Agreement, then the obligation of this bond shall be null and void; otherwise it shall remain in full force and effect until satisfactory completion of the Project. A. The Surety hereby waives notice of any alteration or extension of time made by the Owner. S. Whenever Contractor shall be, and is declared by Owner to be, in default under the Agreement, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Project in accordance with the terms and conditions of the Agreement, or 2. Obtain a bid or bids for submission to Owner for completing the Project in accordance with the terms and conditions of the Agreement; and upon determina- tion by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available, as work progresses (even though there may be a default or a succession of defaults under the Agreement or NM- MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT Public Works, Iowa City, Iowa subsequent contracts of completion arranged under this paragraph), sufficient funds to pay the cost of completion, less the balance of the Contract Price, but not exceeding the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Agreement, together with any addenda and /or amendments thereto, less the amount properly paid by Owner to Contractor. C. The Contractor and Contractor's Surety shall be obligated to keep the improvements covered by this bond in good repair for a period of ONE ( 1 ) years from the date of formal acceptance of the improvements by the Owner. D. No right of action shall accrue to or for the use of any person, corporation or third party other than the Owner named herein or the heirs, executors, administrators or successors of Owner. IT IS A FURTHER CONDITION OF THIS OBLIGATION that the Principal and Surety, in accordance with provisions of Chapter 573, Code of Iowa, shall pay to all persons, firms or corporations having contracts directly with the Principal, including any of Principal's subcontrac- tors, all claims due them for labor performed or materials fumished in the performance of the Agreement for whose benefit this bond Is given. The provisions of Chapter 573, CodFEbf Iowa, are 0 a part of this bond to the same extent as if it were expressly set out herein.c� v C7 ✓ N P'� �! r SIGNED AND SEALED THIS 19th DAY OF January� q 20,10 . °_ o 0 --J IN THE PRESENCE OF: Witness Witness i Harvey MiPer(Title) (secretary) Merchants Bonding Compan (Surety) Scott raper (Title)(Attorney -in -Fact) (Iowa Resident Agent) yin 10th Street (Street) NN-M Marion, Ia 52302 (City, State, Zip). MERCHANTS BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the Stale of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint Scott A Draper of !!'Tarim[ and State of IOWA its true and lawful Attorney -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations In the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TWO DIILLION ($2,000,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Allorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of- Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By- Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002. ARTICLE II, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE II, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. N In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its Presi6SAt and its corporate seal to be hereto affixed, this 19th day of June 2009 o '1 . •0 0 \NP� 0,1f,.. MERCHANTS BONDING C CD Cl) P'A� GXKUAL) � m.v�P Rq�.y� n ►! c 9�� a . 1933 : c; ay m , STATE OF IOWA .. I'resi�eir t N COUNTY OF POLK as. On this 1901 day of Jame , 2009 . before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seat affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. r CINDY SMYTH�V Commission Number 173504 U cw. My Commission Expires March 1G, 2012 Notary Publig Polk County. Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF- ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this 19th day of January , 2010 . • • • �/ . /i . 1 POA 0005 (1/09) •0��\APO9�A'9••. 0.•v0 qf.2�• rrO'2 •z: -o' 013 y; 1933 Secretary TRANSMITTAL LETTER PROJECT: Mercer Park Aquatic Center Solarium Replacement Project TO: Mr. Steve Schmidt/ Mr. Barry Fain Apex Construction P.O. Boa 2297 Iowa City, IA 52244 ATTN: Mr. Schmidt/ Mr. Fain WE TRANSMIT: (X) herewith ( ) under separate cover via ( ) in accordance with your request FOR YOUR: ( ) approval ( ) review & comment ( ) use THE FOLLOWING: ( ) drawings /plans ( ) specifications ( ) change order ( ) distribution to parties (X) record ( ) other • dam. 410 E. Washington Street Iowa City, IA 52240 Transmittal Date: January 26, 2010 Contract Date: January 12, 2010 Resolution No.: 10 -16 awarding contract 01/12/10 ( ) shop drawing prints ( ) shop drawing reproducibles ( ) product literature /samples ( ) information ( ) signature & return ( ) field instructions (X) agreement ( ) other see below COPIES DATE SENT DESCRIPTION I January 27, 2010 Construction Agreement- signed by all parties o 0 Kumi Morris S C7 Remarks: Steve and Barry, 1 have attached the construction agreement signed by all parties. I have dated this transmittal for January 271h, as it will not post until tomorrow; but will be sending this electronically today, January 26, 2010. 1 look forward to working with you. c Respectfully, o 0 Kumi Morris S C7 T1 C'3 —C tV •® E -mail copy To: I. Mike Moran, Parks and Recreation Department ° `�f~+'t T• p-p�� 2. Steve Robert, Parks and Recreation Department _ � r l 3. Mauhew Eckhardt, Recreation Division 4. Jessica Bristow, Neumann Monson Architects IV 5. Steve Schmid(, Apex Construction (hardcopy sent via mail) +r agreement by all parties doc FORM OF AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Iowa City, Iowa ( "City "), and Apex Construction Company, Inc. ( "Contractor "). Whereas on the City's behalf, Neumann Monson Architects have prepared certain plans, specifications, proposal and bid documents dated the 15`h day of December, 2009, for the Mercer Park Aquatic Center Solarium Replacement Project ( "Project'), and Whereas, said plans, specifications, proposal and bid documents accurately and fully describe the terms and conditions upon which the Contractor is willing to perform the Project. NOW, THEREFORE, IT IS AGREED: 1. The City hereby accepts the attached proposal and bid documents of the Contractor for the Project, and for the sums listed therein. 2. This Agreement consists of the following component parts which are incor- porated herein by reference: a. Addendum Number 1 (one); b. "General Conditions of the Contract for Construction" AIA DOC A201 -1997, as amended; r., 0 o C. Plans; 1' j d. Specifications and Supplementary Conditions; �� a e. Notice to Bidders; � N f. Note to Bidders; g. Performance and Payment Bond; h. Restriction on Non - Resident Bidding on Non - Federal -Aid Projects; I. Contract Compliance Program (Anti- Discrimination Requirements); j. Proposal and Bid Documents; and k. This Instrument. The above components are deemed complementary and should be read together. In the event of a discrepancy or inconsistency, the more specific provision shall prevail. 3. The names of subcontractors approved by City, together with quantities, unit prices, and extended dollar amounts, are as follows (or shown on an attachment): See attachment. 4. Payments are to be made to the Contractor in accordance with the Supplementary Conditions. 5. The Project base bid submitted by form of proposal is in the amolplpt of: N Q o One Hundred Ninety -Six Thousand Seven Hundred and )Pii %tars. ($ 196 750.00). G M m a N DATED this 12th day of January 2010 (date of Council Award). W city By (Y`e­,eu n MATT HA Y Mayor ATTEST: City Clerk (company umciai) Approved By: City Attorney's Office f z/ 1p S'1ENGiARCHITECTURE FILE\P.o acts %larcer Park Aquatic Center Solwaru Replacement ProjecAFORM OF AGREEMENT Mercer Park Aquatic Center Solarium Replacment Prole00 1 12 10 tloc Attachment A to Form of Agreement SUBCONTRACTOR LIST City of Iowa City Mercer Park Aquatic Center Solarium Replacement Project PRIME CONTRACTOR: ° Apex Construction Company, Inc. FEDERAL ID #: 42- 1437487 IOWA CONTRACTOR REGISTRATION 8: N C099830 STREET ADDRESS: 4218 Yvette Street SW CITY, STATE, ZIP: Iowa City, IA 52240 OFFICE TELEPHONE: 319- 339 -1543 FAX NIJM13ER: 319 - 339 -1562 EMAIL ADDRESS: steve a, apexconsiruclionco.com PROJECT MANAGER NAME AND #: Barry Fain DOLLAR VALUE OF CONTRACT: 196,750.00 CELL PHONE #: 319- 400 -4969 SITE PHONE #: PRIMARY EMERGENCY NAME AND I larvey Miller 319 -400 -1543 *SECONDARY EMERGENCY NAME AND #: Jason Armstrong 319- 400 -4347 "Required unless Primary Emergency number is answered 24 hours a day N ° O ° C-) C7 'C N ::�C7 J � n 3� IM 3 i ♦♦ O �4�s� � N co SUBCONTRACTOR LIST USE ADDITIONAL SHEETS AS NECESSARY PROJECT NAME: City of Iowa City Mercer Park Aquatic Center Solarium Replacement SUBCONTRACTOR: Bud Maas Concrete, Inc. FEDERAL ID #: _ 42- 1050145 STREET ADDRESS: 4186 AI yssa Court SW, Suite III CITY, STATE, ZIP: Iowa City, IA 52240 OFFICE TELEPHONE: 319 -351 -0292 FAX NUMBER: 319 - 351 -2141 EMAIL ADDRESS: duellopaul@netins.net DOLLAR VALUE OF CONTRACT: '1761) FIELD CONTACT AND 9: 319 -631 -0005 SUBCONTRACTOR: Marv'sGlass FEDERAL ID it: 42- 1409580 STREET ADDRESS: 122 Lafayette Street CITY, STATE, ZIP: Iowa City, IA 52240 OFFICE TELEPHONE: 319 -351 -2261 FAX NUMBER: 319- 354 -9044 EMAIL ADDRESS: duellopaul@netins.net DOLLAR VALUE OF CON'T'RACT: 159,650.00 FIELD CONTACT AND #: 319- 330 -2719 SUBCONTRACTOR: Duello Electric FEDERAL ID #: 48- 4062631 STREET ADDRESS: 12040328 1 Avenue CITY, STATE, ZIP: Kinross, IA 52335 OFFICE TELEPHONE: 319- 639 -2068 FAX NUMBER: 319- 639 -2068 EMAILADDRESS: duellopaul@netins.net DOLLAR VALUE OF CONTRACT: 1,260.00 FIELD CONTACT AND #: 319- 330 -2719 SUBCONTRACTOR: FEDERAI. ID #: STREET ADDRESS: ^' CITY, STATE, ZIP: — o OFFICE TELEPHONE: :E c-) FAX NUMBER: —t EMAIL ADDRESS: DOLLAR VALUE OF CONTRACT: FIELD CONTACT AND #: m =• o rV Co rte^' SUBCONTRACTOR LIST Page 2 I —r `!', ) 3f(5) Prepared by: Kum! Morris, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5044 RESOLUTION NO. 11 -195 RESOLUTION ACCEPTING THE WORK FOR THE MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Mercer Park Aquatic Center Solarium Replacement, as included in a contract between the City of Iowa City and Apex Construction Company, Inc. of Iowa City, Iowa, dated January 12, 2010, be accepted; and WHEREAS, the Engineers Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the Mercer Pool Solarium Renovation account #4325 - 441870; and WHEREAS, the final contract price is $205,026.12. 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 7th day of June 4A Sa MAYOR Approved by 2011 ATTEST:__/�/�zlir, �, n/ Gt 4*43 s CITIr -CLERK City Attorney's Office It was moved by Champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: X X X X X x X Pweng/ rest acptwork- MermrSolariumReplace.doc 5111 NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright