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HomeMy WebLinkAboutIC PUBLIC HOUSING ROOFING & SIDING REPLACEMENT PROJECTIOWA CITY PUBLIC HOUSING ROOFING AND SIDING REPLACEMENT PROJECT 02 -Jan -2018 Plans, Specs, proposal and contract. 02 -Jan -2018 Res 18-9, setting a public hearing. 08 -Jan -2018 Notice of public hearing 16 -Jan -2018 Res 18-23, approving plans, specs, form of agreement and estimate of cost. 17 -Jan -2018 Notice to Bidders 20 -Feb -2018 Res 18-42, awarding contract (PA's Construction LLC) 14 -Mar -2018 Form of Agreement, Payment Bond, Assurance of Compliance 14 -Mar -2018 Addendum No. 1 Plans and or Specifications 06 -Nov -2018 Res18-302, accepting the work C,ITY OF IOWA C17T January 16, 20i8 l I f� n SPECIFICATIONS TABLE OF CONTENTS TITLE PAGE Page Number NOTICE OF PUBLIC HEARING............................................................................. NPH -1 NOTICE TO BIDDERS............................................................................................ NTB-1 NOTETO BIDDERS............................................................................................... NB -1 INSTRUCTION TO BIDDERS................................................................................. IB -1 FORM OF PROPOSAL........................................................................................... FP -1 BIDBOND............................................................................................................... BB -1 FORM OF AGREEMENT........................................................................................ AG -1 PERFORMANCE AND PAYMENT BOND.............................................................. PB -1 CONTRACT COMPLIANCE PROGRAM (ANTI -DISCRIMINATION REQUIREMENTS)................................................... CC -1 WAGETHEFT......................................................................................................... WT -1 GENERAL CONDITIONS........................................................................................ GC -1 SUPPLEMENTARY CONDITIONS......................................................................... SC -1 BIDDER STATUS FORM (2 PAGES)..................................................................... BSF-1 TECHNICAL SPECIFICATIONS DIVISION 1 - GENERAL REQUIREMENTS Section 01010 Summary of the Work.......................................................... 01010-1 Section 01025 Measurement and Payment ................................................ 01025-1 Section 01310 Progress and Schedules..................................................... 01310-1 Section 01570 Traffic Control and Construction Facilities ........................... 01570-1 Section02000 Roofing................................................................................ 02000-1 Section 03000 Siding................................................................................ _ 030b-1 o -cam m L ATTACHMENT B: SITE MAP r` rn a M Cil TC -1 NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR IOWA CITY PUBLIC HOUSING ROOFING AND SIDING 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 to that the City Council of the City of Iowa City, Iowa, will conduct a public hearing on plans, specifications, form on contract and estimated cost for the construction of the Iowa City Public Housing Roofing and Siding Replacement Project in said City at 7:00 p.m. on the 16th day of January, 2018, 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 therafter as posted by the City Clerk. Said plans, specifications, form of contract and the 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 person 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. NPH -1 ro 0 KELLIE FRUEHLING, CITY CLERK C:) �n a o� NPH -1 NOTICE TO BIDDERS IOWA CITY PUBLIC HOUSING ROOFING AND SIDING REPLACEMENT PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 3:00 P.M. on the 13th day of February, 2018. Sealed proposals will be opened immediately thereafter. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 201 day of February, 2018, or at a special meeting called for that purpose. There is a recommended pre-bid meeting. This will start at 10 A.M. local time on Thursday, February 1, 2018 in the Engineering Conference Room located at 410 East Washington Street, Iowa City, Iowa. The Project will involve the following: This project includes removal and replacement of damaged siding and roofing on Iowa City Public Housing properties located on Aster Avenue, Indigo Court, Whispering Prairie Avenue, and Whispering Meadow Drive in Iowa City, IA. The project scope is limited to a total of 20 properties that are a combination of single family homes and duplexes. An estimated total area of 14650 SF of vinyl siding and 512 squares of asphalt shingle roofing shall be removed and replaced. Included with this work is installation of facia, window screens, house wrap, drip edge, ice and water shield, roofing felt, pipe jack, roof vent, ridge vent, and all work necessary to install these items. All work is to be done in strict compliance with the plans and specifications prepared by the City of Iowa City, 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 submitted in a sealed envelope. In addition, a separate sealed envelope shall be submitted containing a completed Bidder Status Form and 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 of the City Council's award of the contract 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. The City shall retain the bid security furnished by the successful bidder until the approved contract form has been executed, a bond has been filed by the bidder guaranteeing the performance of the contract, and the contract and bond have been approved by the City. The City shall promptly return the checks or bidder's bonds of unsuccessful bidders to the bidders as soon as the successful bidder is determined or within thirty days, whichever is sooner. N O The successful bidder will be required to furnish a bond in an amount egrsl to CM hundred percent (100%) of the contract price, said bond to be issued by a responsible socety 4pprov'eny the City, and shall guarantee the prompt payment of all materials and labor, antf els otect•crnd . save harmless the City from all claims and damages of any kind caused dire`a-�vbr irecyy y the operation of the contract, and shall also guarantee the maintenance of the lrtprov ment1"a period of one (1) year(s) from and after its completion and formal acceptance t;� C g Coypu. The following limitations shall apply to this Project: > cn Specified Start Date: March 1, 2018 NTB-1 Specified Completion Date: May 31, 2018 Liquidated Damages: $300.00 per day c» �y to Q C) O T�iCTp plans pecriiSations and proposed contract documents may be examined at the office of the Ie&Ccgg4 of said plans and specifications and form of proposal blanks may be secured at Office of e hnigraphics, a division of Rapids Reproductions located at 415 Highland l�v�, SuiWlOttlawa City , Iowa 52240, Phone: 319-354-5950, Fax: 319-354-8973, Toll -Free: 800.779-0093,` bpi bona fide bidders. A $15.00 fee is required for each set of plans and specificijins provided to bidders or other interested persons. The fee shall be in the form of a ch6ek, made payable to Technigraphics, by bona fide bidders. The deposit will be refunded to plan holders who return the bidding documents in good condition within 15 days after receipt of bids. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Inspections and Appeals at (515) 281-5796 and the Iowa Department of Transportation Contracts Office at (515) 239-1422. Bidders shall list on the 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. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Posted upon order of the City Council of Iowa City, Iowa KELLIE FRUEHLING, CITY CLERK NTB-2 2. NOTE TO BIDDERS 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 City Engineer and include the name, address and phone number of the contact person, for City verification. Bid submittals are: Envelope 1: Bid Bond and Bidder Status Form Envelope 2: Form of Proposal NB -1 N O_ r N rr7 c'n � 7 Y c"I INSTRUCTIONS TO BIDDERS ARTICLE 1 - DEFINITIONS 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", 2007 edition, or in other Contract Documents are applicable to the bidding documents. A. Addenda are written or graphic instruments issued by the Architect prior to execution of the Contract which modify or interpret the Bidding Documents by addition, deflection, clarifications or correction. B. A bid is a complete and properly signed proposal to do the work or designated portion thereof for the sums stipulated therein, submitted in accordance with the bidding documents. C. The base bid is the sum stated in the bid for which the Bidder offers to perform the work described in the bidding documents as the Base, to which work may be added, or from which work may be deducted for sums stated in alternate bids. D. An alternate bid (or Alternate) is an amount stated in the bid to be added to or deducted from the amount of the base bid if the corresponding change in the work, as described in bidding documents, is accepted. E. A unit price is an amount stated in the bid as a price per unit of measurement for materials or services as described in the bidding documents or in contract documents. C') z 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 biddePor v ter equipment or labor for a portion of the work. cam y ARTICLE 2 - BIDDER'S REPRESENTATIONS 2. 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. 2.2 The Bidder has read and understands the bidding documents or contract documents, to the extent that such documentation relates to the work for which the bid is submitted. Ili 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 dements without exception. 3 0 = 'ro JARTICLE 3 - BIDDING DOCUMENTS 3. Copies> -E5 A.W `eSplete sets of the bidding documents may be obtained from the office of Office O of-Technioraohics, a division of Rapids Reproductions located at 415 Fax:319-3548973 Toll -Free 800-779-0093 by bona fide bidders, for the deposit sum as indicated. The deposit will be refunded to plan holders who return the bidding documents in good condition within 15 days after receipt of bids. 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. Ilm 3.3 3.4 4. 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. 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. 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. Addenda A. Addenda will be mailed or delivered to all who are known by the Architect to have a complete set of bidding documents. B. Copies of addenda will be made available for inspection wherever bidding documents are on file for that purpose. C. No addenda will be issued later than four (4) days prior to the date for receipt of bids, except for any one or more of the following reasons: 1. An addendum withdrawing the request for bids. 2. An addendum which includes postponement of the date for receipt of bids. 3. An addendum issued after receipt of bids and prior to execution of the contract. D. Each bidder shall ascertain prior to submitting a bid that he has received all addenda issued, and the bidder shall acknowledge their receipt in the proper location on the bid form. ARTICLE 4 - BIDDING PROCEDURES Form and Style of Bids o 0 -� m A. A separate copy of the bid form is contained within the c`ger of1flis document. �� I �-- N B. Fill in all blanks on the bid form by typewriter or manually in ink. -<r- s m C. Where so indicated by the makeup of the bid form, sums shaIEl§ expressed in both words and numerals, and in case of discrepancy between thtP-two, the amount written in words will govern. D. Interlineations, alterations or erasures shall be initialed by the signer of the bid. E. All requested alternates shall be bid. If no change in the base bid is required, enter "No Change". F. Where two or more bids for designated portions of the work have been requested, the bidder may, without forfeiture of the bid security, state the bidder's refusal to M 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 a) entity. Each copy shall be signed by the person or persons legally authorized to bir Lctthe bidder to a contract. A bid by a corporation shall further give the state of Q = oration and have the corporate seal affixed. A bid submitted by an agent c &.211 have a current power of attorney attached certifying the agent's authority to J N tdthe bidder. : J �-c) �.. H.Q Nahid may be withdrawn for a period of 30 calendar days after the date of -n,`eWing. M_ 4.2 BiRecurity 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 cashier's 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 Bidder Status Form A. Bidder Status form shall be submitted with the bid, in a separate envelope. 4.4 Submission of Bids A. All copies of the bid, the bid security and other documents required to be submitted with the bid shall be enclosed in sealed opaque envelopes as instructed in Section NB - Note to Bidders. All envelopes shall be addressed to the party receiving the bids ("City Clerk, City of Iowa City"), and shall be identified with the project name, the bidder's name and address, and the envelope's contents. If the bid is sent by mail, the sealed envelopes shall be enclosed in a separate mailing envelope with the notation "SEALED BID ENCLOSED" on the face of that envelope. B. 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 3:00 p.m. on Tuesday, February 1Yh, 2018. C. Bids received after the time and date for receipt of bids will be returned unopened. D. The bidder shall assume full responsibility for timely delivery at the location designated for receipt of bids. E. Oral, telephonic, or telegraphic bids are invalid and will not receive consideration. 4.5 Modification or Withdrawal of Bid A. A bid may not be modified, withdrawn or 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, signed by the person or persons legally authorized to bind the bidder to a contract. If written notice is electronic, written confirmation from the person or persons legally authorized to bind the bidder to a contract shall also be mailed and postmarked on or before the date and time set for receipt of bids, and it shall be so worded as not to reveal the amount of the original bid. C. Withdrawn bids may be resubmitted up to the time designated for the receipt of bids provided that they are then fully in conformance with these Instructions to Bidders. D. Bid security shall be in an amount sufficient for the bid as modified or resubmitted. a ARTICLE 5 — CONSIDERATION OF BIDS z 5. Opening of Bids �� a M A. The properly identified bids received on time will be opened 4 m wilf-bb read aloud. "} 5.2 Rejection of Bids A. The Owner will have the right to reject any or all bids, and to reject a bid not accompanied by the required bid security or by another data required by the bidding documents, or to reject a bid which is in any way incomplete or irregular. 5.3 Acceptance of Bid (Award) A. It is the intent of the Owner to award a contract to the lowest responsive M responsible bidder provided the bid has been submitted in accordance with the requirements of the bidding documents, and does not exceed the funds available. The Owner will have the right to waive informalities or irregularities in a bid received, and to accept the bid which, in his judgment, is in his own best interest. B.� The Owner will have the right to accept bid alternates in any order or cAmation, and to determine the low bidder on the basis of the sum of the base _ nd the accepted alternates. LJJ d J1 J N V~ r� o o - ARTICLE 6 - POST -BID INFORMATION N 6. Submittals A. The names of those persons, firms, companies or other parties with whom the bidder intends to enter into a major subcontract, together with the type of subcontracted work and approximate dollar amount of the subcontract will be submitted within 24 hours of bid opening by the apparent lowest responsive, responsible bidder. B. The bidder shall, within seven (7) days of notification of selection for the award of a contract for the work, submit the following information to the Architect: 1. A designation of the work to be performed by the bidder with the bidder's own forces. 2. The proprietary names and the suppliers or principal items or system of materials and equipment proposed for the project. C. The bidder will be required to establish to the satisfaction of the Architect and the Owner the reliability and responsibility of the persons or entities proposed to furnish and perform the work described in the bidding documents. D. Prior to the award of the contract, the Architect will notify the bidder in writing if either the Owner or Architect, after due investigation, has reasonable objection to any such proposed person or entity. If the Owner or the Architect has reasonable objection to such proposed person or entity, the bidder may, at the bidder's option: 1. Withdraw the bid. 2. Submit an acceptable substitute person or entity with an adjustment in the bid price to cover the difference in cost occasioned by such substitution. 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 IB -6 7 7.2 M. 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. The Time of Delivery and Form of Bonds A. The bidder shall deliver the required bonds to the Owner not later than three (3) days following the date of execution of the contract. If the work is to be commenced prior thereto in response to a letter of intent, the bidder shall, prior to commencement of the work, submit evidence satisfactory to the Owner that such bonds will be furnished and delivered. B. The bonds shall be written on the "Performance 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 Conference A. There is a recommended pre-bid meeting. This will start at 10 a.m. local time on Thursday, February 1, 2018, in City Hall, Engineering Conference Room located at 410 East Washington Street, Iowa City, Iowa. Parking A. Parking available in the Chauncey Swan parking ramp located at 415 East Washington Street, Iowa City, Iowa. 1.90 N ra C:i m �_~ N <pl a ` t Mc T> Ln FORM OF PROPOSAL CITY OF IOWA CITY IOWA CITY PUBLIC HOUSING ROOFING AND SIDING REPLACEMENT PROJECT BIDDERS PLEASE NOTE: 1. PLEASE DO NOT USE THE FORM OF PROPOSAL INCLUDED IN THE BOUND VOLUME OF THE PROJECT MANUAL. SEPARATE COPIES OF THIS PROPOSAL ARE CONTAINED WITHIN THE BACK COVER OF THIS DOCUMENT. Name of Bidder: Address of Bidder: BIDS RECEIVED BEFORE: 3:00 PM local time on February 13, 2018 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 IOWA CITY PUBLIC HOUSING ROOFING AND SIDING REPLACEMENT PROJECT in strict accordance with the Project Manual and the Drawings dated January 16, 2018, including Addenda numbered and , inclusive, prepared by the City of Iowa City and to do all work at the prices set forth herein. We further propose to do all "Extra Work" which may be required to complete the work contemplated, at unit prices or lump sums to be agreed upon in writing prior to starting such work. o BASE BID: s Cn a �•i n r.1 Dollars Base Bid Itemization included in Table 1 on the next page FP -1 Table 1 — Base Bid Itemization. (Total sum of Base Bid itemizations must be equal to Base Bid amount listed on the precedinq page.) FP -2 Extended Item Description Unit Quantity Amount 1 2363-2401 Whispering Meadow Dr., Siding - Replace LS 1 $ All Sides 2 _ 23634401 Whispering Meadow Dr., Roof - Complete 1S 1 $ R ment 24 _,Whispering Meadow Dr., Siding - Replace West arttth sides; repair other sides LS 1 $ ---4t 24bY4Vhispering Meadow Dr., Roof - Complete LS 1 $ R xment _5 2611 (Whispering Meadow Dr., Siding - Replace West LS 1 $ side; repair other sides 6 2611 Whispering Meadow Dr., Roof - Complete LS 1 $ Replacement 7 2548 Indigo Dr., Siding - Replace North and west sides; LS 1 $ repair other sides 8 2548 Indigo Dr., Roof - Complete Replacement LS 1 $ 9 2622-2630 Indigo Ct., Siding - Replace South and west LS 1 $ sides; repair other sides 10 2622-2630 Indigo Ct., Roof - Complete Replacement LS 1 $ 11 2646 Indigo Ct., Siding - Replace South and west LS 1 $ sides; repair other sides 12 2646 Indigo Ct., Roof - Complete Replacement LS 1 $ 13 2655-2661 Indigo Ct., Siding - Replace South side and IS 1 $ garage sides; repair other sides 14 2655-2661 Indigo Ct., Roof - Complete Replacement LS 1 $ 15 2637-2631 Indigo Ct., Siding - Replace South side; LS 1 $ repair other sides 16 2637-2631 Indigo Ct., Roof - Complete Replacement LS 1 $ 17 2418 Aster Ave., Roof - Complete Replacement LS 1 $ 18 2457 Aster Ave., Siding - Complete Replacement LS 1 $ 19 2457 Aster Ave., Roof - Complete Replacement IS 1 $ 20 2543 Aster Ave., Siding - Replace South and west LS 1 $ sides; repair other sides 21 2543 Aster Ave., Roof - Complete Replacement LS 1 $ 22 2550 Nevada Ave., Siding - Replace East side; repair LS 1 $ other sides 23 2550 Nevada Ave., Roof - Complete Replacement LS I $ 24 2551 Nevada Ave., Siding - Replace West and south LS 1 $ sides; repair other sides 25 2551 Nevada Ave., Roof - Complete Replacement LS 1 $ 26 2351-2357 Whispering Meadow Dr., Siding - LS 1 $ Complete Replacement 27 2351-2357 Whispering Meadow Dr., Roof - Complete LS 1 $ Replacement FP -2 Table 1 — Continued. 28 2511 Aster Ave., Roof - Complete Replacement LS 1 �$ 29 2437 Whispering Prairie Ave., Siding - Replace West IS I s and north sides; repair other sides 30 2437 Whispering Prairie Ave., Roof - Complete IS - Replacement - 31 2507 Whispering Prairie Ave., Siding - Replace West LS I side; repair other sides 32 2507 Whispering Prairie Ave., Roof - Complete LS 1 $ Replacement 33 2622-2630 Whispering Prairie Ave., Siding - Replace 1S 1 $ West and south sides; repair other sides 34 2622-2630 Whispering Prairie Ave., Roof - Complete LS 1 $ Replacement 35 2640 Whispering Prairie Ave., Siding - Replace South LS 1 $ side; repair other sides 36 2640 Whispering Prairie Ave., Roof - Complete LS 1 $ Replacement 37 2650 Whispering Prairie Ave., Siding - Replace South LS 1 $ and east sides; repair other sides 38 2650 Whispering Prairie Ave., Roof - Complete LS 1 $ Replacement Total Base Bid $ The 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 will be submitted within 24 hours of bid opening by the apparent lowest responsive, responsible bidder. 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;,�;ontraePDoc{� nt and agrees that, in the event of any discrepancies or differences between a�.pronhfions dfkhiss proposal and the Contract Documents prepared by the City of Iowa City, the"�refpeciffMall prevail. �M a `•a In submitting this Proposal, the undersigned agrees that the Bid will not be with"rm fci�a p of thirty (30) consecutive calendar days following the date of the Bid Opening. Furthej?hat a Notice to Proceed or a prepared Agreement provided by the Owner is received at theybusirMs 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 Final Completion of May 31, 2018. FP -3 0 LU LL. Firm: Signature: Printed Name: Title: Address: Phone: Contact: FP -4 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 tte within which the Owner may accept such Bid or may execute such contract documenii; and said Surety does hereby waive notice of any such time extension. M ? "n The Principal and the Surety hereto execute this bid bond this cn ry daji'at r M A.D., 20_ Witness Witness :L cn (Seal) Principal By (Title) (Seal) Surety By (Attorney-in-fact) Attach Power -of -Attorney 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 Contract dated the 16'" of January, 2018, for the IOWA CITY PUBLIC HOUSING ROOFING AND SIDING REPLACEMENT PROJECT ("Project'), and WHEREAS, Contractor submitted a bid on the Project described in said Plans, Specifications, Proposal and Contract; and WHEREAS, the parties hereto now wish to enter into this agreement for the construction of said Project. NOW, THEREFORE, IT IS AGREED: 1. The City hereby agrees to perform the Project for the sums listed in its Form of Proposal, including the total extended dollar amount of $ , which sums are incorporated herein by this reference. 2. This Agreement consists of the following component parts which are incorporated herein by reference: a. Addenda Numbers attached hereto; b. "General Conditions of the Contract for Construction" AIA DOC A201-2007, as amended; N 4 C. Plans; s 4 d. Technical Specifications and Supplementary Conditions;.-, r —... -;C N r e. Performance and Payment Bond;<r a j•i"} f. Contractor's Completed Bidder Status Form; attached hereto; -• C7 g. Contractor's Completed Assurance of Contract Compliance Program (Anti - Discrimination Requirements), attached hereto; h. Completed Form of Proposal; and i. This Instrument. AG -1 The above components are deemed complementary and should be read together. In the evont of a discrepancy or inconsistency, the more specific provision shall prevail. -S i] 3.Q names of subcontractors approved by City, together with quantities, unit LLJ J N albs, and extended dollar amounts, are as follows in "Attachment A." Payments ? U ;j_ "Qk to be made to the Contractor in accordance with the Supplementary ,renditions. N City Contractor (Signature) (Printed name) Mayor ATTEST: (Printed name) City Clerk AG -2 (Signature) (Printed name) (Company OfficialTitle) ATTEST: (Printed name) (Company Official Title) Approved By: City Attorney's Office Attachment A Subcontractors List Subcontractor _Description of Work Extended Dollar Amount L 1`J O m C7 n air � o - y c� AG -3 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 the IOWA CITY PUBLIC HOUSING ROOFING AND SIDING REPLACEMENT 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 the City of Iowa Citv, 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 corrdi�2nsa the -,j Agreement, or 2. Obtain a bid or bids for submission to Owner for completing�pProfect irm Mo accordance with the terms and conditions of the AgreemeMpandSIpponQ determination by Owner and Surety of the lowest responsible bidder, *Pnge 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 subsequent contracts of completion arranged under Na 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 m U-) finder the Agreement, together with any addenda and/or amendments Q = g zbereto, less the amount properly paid by Owner to Contractor. W rhaoRtractor and Contractor's Surety shall be obligated to keep the improvements N "~ rcovorecBby this bond in good repair for a period of one (1) years from the date of *rroWceptance of the improvements by the Owner. D. Mo rigTR0 of action shall accrue to or for the use of any person, corporation or third N 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 subcontractors, 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. 20 SIGNED AND SEALED THIS DAY OF IN THE PRESENCE OF: Witness (Principal) (Title) (Surety) Witness (Title) 11:-m (Street) (City, State, Zip) (Phone) Contract Compliance Program a C7 ,cam A� m s Z Jl L�� 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 statu9, 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: 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. 6. All contractors, vendors, and consultants must refrain from the use of any signs or designations which are sexist in nature, such as those which state "Men Working" or "Flagman Ahead," and instead use gender neutral signs. 7. All contractors, vendors, and consultants must assure that their subcontractors abide by the City's Human Rights Ordinance. The City's protected classes are listed at Iowa City City Code sectiot W-3-1. o 'x ---i n N =ern a ri CC -2 00 uo Q SECTION II - ASSURANCE OF COMPLIANCE The folloyy'ise*or1J61 a minimum requirements of a satisfactory Equal Employment Opportunity Program which willitls'reviewedcceptability. PLEASE RETURN PAGES 2 THROUGH 3 OF THIS SECTION TO THE CONTRAA�iNG OPAENT PRIOR TO THE EXECUTION OF THE CONTRACT. With resI46to the penance of this contract, the contractor, consultant or vendor agrees as follows: (For the purposes of thesgninimb% requirements, "contractor" shall include consultants and vendors.) N 1. 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. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that it is an equal opportunity employer. Note: Contracts that are federally funded are subject to Executive Order No. 11246, as amended, and the regulations (see generally 29 U.S.C. § 1608 et 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. CC -3 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 Print Name Phone Number Title Date CC -4 N C� �J C--) PJ f a Y� �� =gym p rn �" cn SECTION III - SUGGESTED STEPS TO ASSURE EQUAL EMPLOYMENT OPPORTUNITIES 1. COMPANY POLICY co DetermMe youoompany's policy regarding equal employment opportunities. Document the policy and Ot it i icuous place so that it is known to all your employees. Furthermore, disseminate the Eelcy t9bll p fiential sources of employees and to your subcontractors asking their cooperation. The po cy giteda should recognize and accept your responsibility to provide equal employment rturtity io d5your employment practices. In regard to dissemination of this policy, this can be done, �fppr exar*le,tId gh the use of letters to all recruitment sources and subcontractors, personal contacts, `L�ITiploy m js, web page postings, employee handbooks, and advertising. o 2. EQUALTMPLOYMENT 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. 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. N C� <M a Q r.a 2-3-1: EMPLOYMENT; EXCEPTIONS: A. It shall be unlawful for any employer to refuse to hire, accept, register, classify, promote or refer for employment, or to otherwise discriminate in employment against any other person or discharge any employee because of age, color, creed, disability, gender identity, m i al stats, national origin, race, religion, sex or sexual orientation. (Ord. 03-4105, 12- r-1 16-:WD0Jgo w �i D>: N V~ Bpi It shall *b - -unlawful for any labor organization to refuse to admit to membership, app&ntip or training an applicant, to expel any member, or to otherwise discriminate aglst "applicant for membership, apprenticeship or training or any member in the pri%F0ges, Tights or benefits of such membership, apprenticeship or training because of agPcolor, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation of such applicant or member. C. It shall be unlawful for any employer, employment agency, labor organization or the employees or members thereof to directly or indirectly advertise or in any other manner indicate or publicize that individuals are unwelcome, objectionable or not solicited for employment or membership because of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation. (Ord. 95-3697, 11-7- 1995) D. Employment policies relating to pregnancy and childbirth shall be governed by the following: 1. A written or unwritten employment policy or practice which excludes from employment applicants or employees because of the employee's pregnancy is a prima facie violation of this title. 2. Disabilities caused or contributed to by the employee's pregnancy, miscarriage, childbirth and recovery therefrom are, for all job related purposes, temporary disabilities and shall be treated as such under any health or temporary disability insurance or sick leave plan available in connection with employment or any written or unwritten employment policies and practices involving terms and conditions of employment as applied to other temporary disabilities. E. It shall be unlawful for any person to solicit or require as a condition of employment of any employee or prospective employee a test for the presence of the antibody to the human immunodeficiency virus. An agreement between an employer, employment agency, labor organization or their employees, agents or members and an employee or prospective employee concerning employment, pay or benefits to an employee or prospective employee in return for taking a test 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 department of health and human services, that a person with a condition related to acquired immune deficiency syndrome poses a significant risk of transmission of the human immunodeficiency virus to other persons in a specific occupation. CC -7 F. The following are exempted from the provisions of this section: 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 qualifications are related to a bona fide religious purpose. A religious qualification for instructional personnel or an administrative officer, serving in a supervisory capacity of a bona fide religious educational facility or religious institution shall be presumed to be a bona fide occupational qualification. (Ord. 94-3647, 11-8-1994) 2. An employer or employment agency which chooses to offer employment or advertise for employment to only the disabled or elderly. Any such employment be offer of employment shall not discriminate among the disabled or elderly on the basis of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation. (Ord. 95-3697, 11-7-1995) 3. The employment of individuals for work within the home of the employer if the employer or members of the family reside therein during such employment. 4. The employment of individuals to render personal service to the person of the employer or members of the employer's family. (Ord. 94-3647,11-8-1994) 5. The employment 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 narrowly. (Ord. 03-4105, 12-16-2003) 6. A state or federal program designed to benefit a specific age classification which serves a bona fide public purpose. (Ord. 94-3647, 11-8-1994) 7. The employment on the basis of disability in those certain instances where presence of disability 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 narrowly. (Ord. 03-4105, 12-16-2003) 8. Any employer who regularly employs less than four (4) individuals. For purposes of this section, individuals who are members of the employer's family shall not be' counted as employees. (Ord. 08-4312, 8-11-2008) E5 m _i—i ¢ 1� c1 -C 1 -_,1 N rr-�� C'� `<r M i•l A C:) 0I r.) CC -8 SAMPLE: EQUAL EMPLOYMENT OPPORTUNITY POLICY To all emljgyees of X 3 TbMConMTando its employees shall not discriminate against any employee or applicant for em*ymNt bzmi d. on his or her age, color, creed, disability, national origin, gender identity, r=aal stdtus,>"W religion, sex, or sexual orientation. The anti -discrimination policy extends to depisionsTBvo hiring, promotion, demotion, or transfer; recruitment or recruitment advertising; layoff or Armin n; rates of pay or other forms of compensation; and selection for training, includingZTapprenTceship. Further, this Company and its employees will provide a working environment free from such discrimination. All employees are encouraged to refer minority and women applicants and applicants with disabilities for employment. The Equal Employment Opportunity Officer for the is: Name: Address: Telephone Number: NOTE: This is a SAMPLE ONLY. You may wish to confer with your EEO officer or legal counsel to formulate a policy which specifically meets the needs of your company. CC -9 I CITY OF IOWA CITY WAGE THEFT POLICY It is the policy of the City of Iowa City, as expressed by City Council Resolution No. 15-364 adopted on November 10, 2015, not to enter into certain contracts with, or provide discretionary economic development assistance to, any person or entity (including an owner of more than 25% of the entity) who has admitted guilt or liability or been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repented or willful violation of the Iowa Wage Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act or any comparable state statute or local ordinance, which governs the payment of wages; for a period of five (5) years from the date of the last conviction, entry of plea, administrative -finding or admission of guilt. (hereinafter "Wage Theft Policy") Application. The Wage Theft Policy applies to the following: a. Contracts in excess of $25,000 for goods, services or public improvements. b. Contracts for discretionary economic development assistance. "Discretionary" economic development assistance shall mean any economic development assistance provided by the City of Iowa City that is not required by law. II. Exceptions. The Wage Theft Policy does not apply to emergency purchases of goods and services, emergency construction or public improvement work, sole source contracts excepted by the City's purchasing manual, cooperative/piggyback purchasing or contracts with other governmental entities. III. Affidavit. The contracting entity must complete the attached affidavit showing compliance with the Wage Theft Policy and provide it to the Contracting Department prior to the execution of the contract. Contract provision: Any contract to which this policy is applicable will include the following contract provision: If the City becomes aware that a person or entity (including an owner of more than 25% of the entity) has admitted guilt or liability or been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repeated or willful violation of the Iowa Wage Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act or any comparable state statute or local ordinance, which governs the payment of wages, within the five (5) year period prior to the award or at any time after the award, such violation shall constitute a default under the contract. IV. Waivers. If a person or entity is ineligible to contract with the City as a result of the WaARTheft Policy it may submit a request in writing indicating that one or more of the following actions h3�e�beeatakemn a a. There has been a bona fide change in ownership or control of the ineligible persctrpekentity; r— =4n b. Disciplinary action has been taken against the individual(s) rim esponsible for the-�aRos gig ris a the violation(s); �x �— Y' c.n c. Remedial action has been taken to prevent a recurrence of the acts giving rise to the di4q balification or default; or d. Other factors that the person or entity believes are relevant. The City Manager or Designee shall review the documentation submitted, make any inquiries deemed necessary, request additional documentation if warranted and determine whether a reduction in the ineligibility period or waiver is warranted. Should the City Manager or Designee determine that a reduction or waiver of the ineligibility period is warranted the City Manager or Designee shall make such recommendation to the City Council. The City Council will make a final decision as to whether to grant a reduction or waiver. WT -1 WAGE THEFT AFFIDAVIT lfi SygTE OF_LJ ss: c J>' COUNTY ) N I, m o upon being duly sworn, state as follows: 1. 1 am the [position] of ["contracting entity"] and have the authority to execute this affidavit on behalf of said contracting entity and any person or entity with an ownership interest in said contracting entity of more than 25%. 2. Neither [contracting entity] nor any person or entity with an ownership interest of more than 25% of said contracting entity has been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repeated or willful violation of the Iowa Wage Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act or any comparable state statute or local ordinance, which governs the payment of wages in the last 5 years. This instrument was acknowledged before me by WT -2 Signature on 20 Notary Public in and for the State of GENERAL CONDITIONS "General Conditions of the Contract for Construction" AIA DOC A201-2007 amended, shall apply except as amended in the Supplementary Conditions. GC -1 N :< A _M fj CA rJ. GC -1 SUPPLEMENTARY CONDITIONS PART 1 - GENERAL 1.1 INTRODUCTION A. The following supplements modify the "General Conditions of the Contract for Construction", AIA Document A201-2007. 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 stFike Put and additions to the AIA A201 are indicated as "bold italic". D. The OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Law or Regulations in respect to any dispute. Disputes shall be resolved by legal or equitable proceedings in a court of appropriate jurisdiction. Under no circumstances shall binding arbitration be required as to any dispute arising between the parties or under the Contract Documents. E. Delete all references to mediation and arbitration in their entirety. 1.2 ARTICLE 1 - GENERAL PROVISIONS A. Add the following paragraph 1.1.1.1 Contract Documents to read as follows: 1.1.1.1 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 WB Contract Documents, whether completed or partially completed, and includes all -other Libor, tools, materials, equipment, transportation, services, taxes, insurance and- of eer se, s provided or to be provided by the Contractor to fulfill the Contractor's oblig*n The may constitute the whole or a part of the Project. The Contractor shah vi a all "may and materials required by which any part of the Contract Docum6nJ ere-hkn to provide. :.,i_ m dS 9 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 to read as follows: 2.4 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period after feeeilat of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may without prejudice to other remedies the Owner may have, correct such deficiencies. - In such case an appFepF ate G ..,nge Order shall be o deduPting the Owner may deduct from payments then or thereafter due the Contractor the SC -1 of 17 reasonable entire cost of correcting such deficiencies, including Owner's expenses and `„_compensation for the Architect's and/or Consultant's additional services and expenses and trnheati , engineering, accounting, consulting services and attorneys' fees and _e 9ges made necessary by such default, neglect, or failure.Owne . If Uj c p Ats then or thereafter due the Contractor are not sufficient to cover such amounts, the N C�tor shall pay the difference to the Owner. The Owner's actions pursuant to this t Sqbjtaragraph shall not operate as a release of any obligation of a surety. 2 E - i q ARALf32 Q ONTRACTOR C)_ A. Change paragraphs 3.2.2 to read as follows: 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.2.3, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. The Contractor shall not be liable to the Owner or Architect for damage resulting from errors, inconsistencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it to the Architect. If the Contractor performs any construction activity knowing it involves Involving a recognized error, inconsistency or omission in the Contract Documents without such notice to the Architect, the Contractor shall assume appropriate responsibility for such performance and shall bear all 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, vendors, materiahnen material Providers and suppliers and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor or any of its Subcontractors. C. Add the following 3.3.4: 3.3.4 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. D. Change paragraph 3.4.1 to read as follows: 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, storage, parking and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Should the Contract Documents require work to be performed after regular working hours or should the Contractor elect to perform work after regular hours, the additional cost of such work shall be borne by the Contractor. SC -2 of 17 E. Add the following paragraphs 3.4.4 through 3.4.6: 3.4.4 Whenever any provisions of the Contract conflict with any agreements or regulation of any kind in force among members of any trade association, unions or councils, which regulate what work shall be included in the work of particular trades, the Contractor shall make all necessary arrangements to reconcile any such conflict without delay or cost to the Owner and without recourse to the Architect or the Owner. 3.4.5 After the Contract has been executed, the Owner and the Architect will consider a formal request for the substitution products in place of those specified only under the conditions set forth in Section 0160 00 - Post Bid Substitutions. 3.4.6 By making requests for substitutions based on Subparagraph 3.4.4 above, the Contractor., .1 represents that the Contractor has personally investigated the proposed product and determined that it is equal or superior in all respects to that specified. .2 represents that the Contractor will provide the same warranty for the substitution that the Contractor would for that specified. .3 certifies that the cost data presented is complete and includes all related costs under this Contract except the Architect's redesign costs, and waives all claims for additional costs related to the substitution which subsequently become apparent; and .4 will coordinate the installation of the accepted substitute, making such changes as may be required for the Work to be complete in all respects. .5 will adhere to the contract schedule F. Change paragraphs 3.5 to read as follows: 3.5 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform with the requirements of the Contract Documents and will be free from defects, sept-ferthese iRhPFPAt in the qua! ly of the Werk the C;c)ntFaGt PE)GUFRents requ re or perm I. Work, materials or equipment not conforming to these requirements may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. G. Change paragraph 3.6.1 to read as follows: The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. Contractors and approved subcontractors will be provided a Sales Tax Exemption Certificate to purchase building materials, supplies, or equipment in the performance of the contract. The Contractor shall submit the information necessary for the certificates to be issued. All such information for said certificates shall be submitted to the City/Owner together in one submission. A "7 H. Change paragraph 3.7.2 to read as follows: 3.7.2 The Contractor shall sempI perform the Work in compliance wi(ttand give ndMVs required by applicable laws, statutes, ordinances, codes, rules, regulatioTAd fWul cfders of public authorities bearing on performance of the Work. _rft M I. Change paragraph 3.7.3 to read as follows: 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume full apprepriate responsibility for such Work and shall bear the costs and expenses of correcting or replacing such Work. SC -3 of 17 J. Change paragraph 3.7.4 to read as follows: 3.7.4 Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that are 1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or 2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as r— inherent in construction activities of the character provided for in the Contract Documents, the Cont for shall promptly provide notice to the Owner and the Architect before conditions are 0 did and in no event later than the next business day 24 days after first observance of Q th Mclitions. The Architect will promptly investigate such conditions and, if the Architect W de l�fies that they differ materially and cause an increase or decrease in the Contractor's J I cc �f or time required for performance of any part of the work, will recommend an =eq adjustment in the Contract Sum or Contract Time, or both. If the Architect LL ode es that the conditions at the site are not materially different from those indicated in mthe 00tract Documents and that no change in the terms of the Contract is justified, the ZArchitect shall promptly notify the Owner and Contractor in writing, stating the reasons. 4 J. Change paragraph 3.11 to read as follows: 3.11 The Contractor shall maintain at the site for the Owner, one copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and enecepy ei all approved Shop Drawings, MSDS Sheets, Product Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed. K. Change paragraph 3.13 to read as follows: 3.13 The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. The Contractor acknowledges that the property on which the Project and Work are located may be occupied and in use by the Owner during the execution of the Work. The Contractor shall perform and coordinate its work in such a manner that the portions of the property occupied and in use will not be encumbered or the use interfered with or interrupted. L. Change paragraph 3.17 to read as follows: 3.17 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect and the Owner in writing. M. Change paragraphs 3.18.1 to read as follows: 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify, defend and hold harmless the Owner, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including, but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property , 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, SC -4 of 17 Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Paragraph 3.18. Nothing In the foregoing Paragraph 3.18.1 is intended or shall be deemed to constitute an Indemnification by the Contractor against the negligence of any of the parties to be otherwise indemnified pursuant to Paragraph 3.18.1. , Change paragraph 3.18.2 to read as follows: 3.18.2 Contractor Is not, and shall not be deemed to be, an agent or employee -of the City of Iowa City, Iowa. In claims against any person or entity indemnified under this Sgctiori 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type ofdamages, compensation or benefits payable by or for the Contractor or a Subcontractor under worker's compensation acts, disability benefit acts or other employee benefit acts. 1.5 ARTICLE 4 -ARCHITECT A. Change paragraph 4.1.2 to read as follows: 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner; GentraeteF and Architect. Consent shall not be unreasonably withheld. B. Change paragraph 4.2.1 to read as follows: 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be the Owner's representative as provided herein during construction and until the Architect issues the final Certificate for Payment to the Contractor on the Project. The Architect will advise and consult with the Owner. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. C. Change paragraph 4.2.3 to read as follows: 4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner 1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and 2) defects and deficiencies observed in the Work. The Architect and the Owner will not be responsible for the Contractor's failure to perform the Work in accordance with the 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 CAractor's Applications for Payment, the Architect will review and certify recommend to the 9lvner the amounts due the Contractor and will issue Certificates for Payment in such amountk 4.2.6 The Architect has authority to reject Work which does not confori4,t� thK)QontJM Documents. Whenever the Architect considers it necessary ortradvisable Implementation of the intent of the Contract Documents, the Architect av?Cauth ri to recommend to the Owner to require additional inspection or testi6j,* th=Wor accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Vkrk 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. SC -5 of 17 E. Change paragraphs 4.2.10 through 4.2.12 to read as follows: 4.2.10 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The -duties Q :Z.2.Aighe Architect will interpret and make recommendations to the Owner regarding ;@eeideTi5atters concerning performance under and requirements of the Contract Documents W '%n t gen request of either the Owner or Contractor. The Architect's response to such J c,Gpque Lr will be made in writing within any time limits agreed upon or otherwise with treaSet-Able promptness. If no agreement is made concerning the time within which � gec&hi endations required of the Architect shall be furnished in compliance with this LL 'Par`a�ooh 4.2, then the Architect shall furnish such recommendations within such Reasonable time after the request is made that allow sufficient time in the professional dgment of the Architect for review. 4.2.12 Interpretations and recommendations deel61en5 of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and recommendations decsens, 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 decsons rendered in good faith. 1.6 ARTICLE 5 - SUBCONTRACTORS A. Delete paragraph 5.2.1 and add the following: 5.2.1 The CONTRACTOR shall provide, within 24 hours of the bid opening, 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 to read as follows: 5.3 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub -subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub -subcontractors. All warranties provided by the Subcontractors, including all express and implied warranties in the Contract Documents and the agreements between the Contractor and the Subcontractors and all warranties provided by law, shall run to and be for the benefit of the Owner, and the Owner shall have a direct right of action against the Subcontractors for any breach of said warranties. 1.7 ARTICLE 6 - CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS SC -6 of 17 A. Delete paragraph 6.1.4 in its entirety. B. Change paragraph 6.2.4 to read as follows: 6.2.4 The Contractor shall promptly remedy damage the Contractor WFORgtully causes to completed or partially completed construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 1.8 ARTICLE 7 - CHANGES IN THE WORK A. Change paragraph 7.2.1 to read as follows: 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner and Contractor and approved bythe Architect, stating their agreement upon all of the following: B. Add paragraph 7.2.2 as follows: 7.2.2 A Change Order is conclusively presumed to include all adjustments in Contract Time and Contract Sum necessary to complete the change to the Work and related parts of the Work. C. Add paragraph 7.2.3 as follows: 7.2.3 In all Change Orders or Construction Change Directives, the allowance for Overhead and profit to be included in the total cost to the Owner shall not exceed the following amounts: .1 For the Contractor, for any Work performed directly by the Contractor's employees, not including oversight of such work performed by subcontractor, fifteen percent (15%) of the cost. .2 For the Contractor, for Work performed by Subcontractor, ten percent (10%) of the amount due the Subcontractor. .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 the Sub -subcontractors, five percent (5%) of the amount due the Sub -subcontractor. .5 In order to facilitate checking of quotations for extras or credits, all proposals, except those so minor that their propriety can be seen by inspection, shall be accompanied by a complete itemization of costs including labor, materials and Subcontracts. In no case will a change involving over $200.00 be approved without such itemization. .6 Unless otherwise agreed, costs to which overhead and profit are to be applied shall be those costs listed in Subparagraph 7.3.6. 1.9 ARTICLE 8 -TIME A. Change paragraph 8.2.3 to read as follows: 8.2.3 The Contractor shall proceed expeditiously with adequate forces apd sf�U achre,v,q Substantial Completion within the Contract time. The Contractor shalfrl a os' �gp overtime and all additional expense which may arise in order to aq le_ve 99ubstapow Completion within the Contract Time. B. Add paragraph 8.2.4 to read as follows: ~y.; 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 Contlactor or subcontractor when ordered and directed by the Owner, shall cease work at any point and shall transfer his menits workers to such points and execute such portion of his its work as may be required to enable others to properly engage in and carry on their Work. C. Change paragraph 8.3.1 to read as follows: SC -7 of 17 8.3.1 If the Contractor is delayed at any time in progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, daasdaldelay is rdeWeFies, unavoidable casualties or other causes beyond the Contractor's control, or -4y . -1- - — - -ized b) the Owner pend ng arbitration, or by other causes which the ArGh teG ©=eteyniles rnny justify delay, then the Contract Time shall be extended by Change Order for UJ Suc aonable time as the Owner, with the advice of the Architect, may determine. ur delays shall not be a basis for damages. An extension of the Contract Time is Nhefiftracfor's sole remedy for such delay. LLD. elj�*ragraph 8.3.3 in its entirety. m o E. Z=—Add pa-Mgraph 8.4 LIQUIDATED DAMAGES to read as follows: `v 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: 1. 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 penalty, the sum of amount as listed in the Notice to Bidders (or Instruction to Bidders) 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. 2. 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. 3. 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 Contractors' failure to comply with the terms and provisions of the Contract. 4. Partial performance of the Work of this Contract shall not relieve the Contractor from liability for liquidated damages. 5. Contractor's liability for liquidated damages shall cease upon issuance of Substantial Completion Certificate for the Work of the Contract. 6. Notwithstanding anything in the Contract Documents to the contrary, amounts assessed to the Contractor as liquidated damages may be deducted by the Owner from any money payable to the Contractor pursuant to this Contract. The Owner shall notify the Contractor in writing of a claim for liquidated damages prior to the date the Owner deducts such sum from money payable to the Contractor. 1.10 ARTICLE 9 - PAYMENTS AND COMPLETION A. Add the following paragraph 9.3.1.3. .3 The first payment application shall be accompanied by Contractor's partial waiver of lien only, for the full amount of the payment. Each subsequent monthly payment application shall be accompanied by the Contractor's partial waiver and by the partial SC -8 of 17 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: 9.4.2.1 The Architect's determination as to the issuance of or withholding of or the amount of payment reflected on Certificates of Payment shall subject the Architect to no liability whatsoever to the Owner, Contractor, Surety, or any other person. D. Change paragraph 9.6.1 to read as follows: 9.6.1 The Owner shall make partial payments to the Contractor within 30 days after the Owner has received a Certificate for Payment from the Architect. To insure proper performance of the Contract, the Owner will retain 5% of each payment amount or such larger amount as will insure that there always remains a sufficient balance to complete the work, such retainage to be held until Final Acceptance of Work and shall so notify the Architect. n....,....ents and chill so notify the Arch teGt E. Change paragraph 9.8.4 to read as follows: When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of substantial Completion that shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and contractor for security, maintenance, heat, utilities, damage to the Work, and insurance, and shall fix the time within which the contractor shall finish all items on the list accompanying the Certificate. `"cps required by the GontraM n..,. pats Chau AnFnmengp nn the date of c bstaRtiai Gornplet o of the Work or designated portion thereof unless Wherwse pFeyded in the GenifiGAte Of F. Add paragraph 9.10.6: 9.10.6 Notwithstanding any provision to the contrary in this Contract, final payment of the retainage due the Contractor will be made not earlier than 31 days from the final acceptance of the work by the Owner, subject to the conditions and in a'ci.'ordance with the provisions of Chapter 573 of the Code of Iowa (2009), as amendgd. b 1� G. Add paragraph 9.10.7: 9.10.7 Warranties required by the Contract Documents, including thosa,stAed in the performance and payment bond, shall commence on the date -of fingl form acceptance of the work by the City. 1.11 ARTICLE 10 - PROTECTION OF PERSONS AND PROPERTY A. Add paragraph 10.1.1: 1. The Contractor will provide Material Safety Data Sheets (MSDS) for all hazardous chemicals or materials that will be at the job site. The Material Safety 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 SC -9 of 17 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. Change paragraph 10.2.4 to read as follows: 1. When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for the execution of the Work, the Contractor shall give the Owner r.reasonable advance notice and shall exercise utmost care and carry on such activities u' Lndersppervision of properly qualified personnel. Ck. Tt:4dd*Rgraph 10.2.9: W 44r7o.6>11y en required by law or for the safety of the Work, the Contractor shall shore � J rp,(ftre, underpin and protect foundations and other portions of existing structures r whkff-dre in any way affected by the Work. The Contractor, before commencement of LL �vnof the Work, shall give any notices required to be given to adjoining ;an ers or other parties. The Owner shall be notified once these notices have been Gserve"nd before the work is performed. N --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 GF slairas made basis and shall be maintained without interruption from the date of commencement of the Work until the date of final payment and termination of any coverage required to be maintained after final payment, and, with respect to the contractor's completed operations coverage, until the expiration of the period for correction of Work or for such other period for maintenance of completed operations coverage as specified in the Contract Documents. C. Change paragraph 11.1.3 to read as follows: 11.1.3 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance. The name, address and phone number of the insurance company and agent must accompany the certificate. The liability limits required hereunder must apply to this Project only. These certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. An additional certificate evidencing continuation of liability coverage, including coverage for completed operations, shall be submitted upon final Application for Payment as required by Section 9.10.2 and thereafter upon renewal or replacement of such coverage until the expiration of the time required by Section 11.1.2. Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be furnished by the Contractor with reasonable promptness. D. Delete paragraph 11.1.4 in its entirety and add the following paragraphs 11.1.4 through 11.1.14: 11.1.4 Any policy or policies of insurance purchased by the Contractor to satisfy his/her responsibilities under this contract shall include contractual liability coverage, and shall be in the following type and minimum amounts: Type of Coveraoe SC -10 of 17 Comprehensive General Liability Bodily Injury & Property Damage" Automobile Liability Bodily Injury & Property Damage Excess Liability Employer's Liability Each Accident Each Employee Policy Limit Professional Liability (if applicable) Each Occurrence Aggregate $1,000,000 $2,000,000 Combined Single Limit $1,000,000 $1,000,000 $1,000,000 $500,000 $500,000 $500,000 $1,000,000 $1,000,000 Worker's Compensation Insurance as required by Chapter 85, Code of Iowa. Property Damage liability insurance must provide explosion, collapse and underground coverage. Comprehensive General Liability using Insurance Services Office CG0001 or equivalent, shall include Contractual, Premises & Operations, Products & Completed Operations, Independent Contractors, Personal & Advertising Injury coverages, and Aggregate Limits of Insurance (Per Project) endorsement. Automobile Liability shall include all owned, non -owned and hired autos and also coverage for Contractual Liability. Excess Liability shall provide no less than following form coverage to the primary underlying policies. Workers Compensation shall include the Alternative Employer and Waiver of Subrogation endorsements in favor of the Owner. Professional Liability, if applicable: Tthe Contractor shall procure and maintain, during the life of this Agreement, Professional Errors and Omissions Liability Insurance. The Contractor will notify the Owner if claims made erode the policy limits below those required above. All liability policies above, except for Workers Compensation and Professional Liability, shall include the Owner's Governmental Immunities Endorsement. [See attached]. 11. 1.5 The City requires that the Contractor's Insurance carrier be A rated or better by A.M. Best. In addition, the Contractor shall be required to comply with the following provisions with respect to insurance coverage: 11. 1.6 The entire amount of Contractor's liability insurance policy coverage limits, identified in the policy and in the Certificate of Insurance, must, under the policy, be available to pay damages for which the insured Contractor becomes liable, or for which the insured assumes liability under the indemnity agreement herein contained, and such coverage amount shall not be subject to reduction or setoff by_ virtue of investigation or defense costs incurred by Contractor's insurer. y` i 11.1.7 The entire amount of the Contractor's liability insurance policq�averidge limits' shall be payable by the Contractor's insurer, with no deductible to $e paid by,_ or: self-insured retention to be attributed to, the Contractor unless this` ),vg06ment is waived by the City. Contractor's Certificate of Insurance must set forth the nVure aildr amount of any such deductible or self-insured retention. 11.1.8 If Contractor's liability insurance coverage is subject to any special exclusions or limitations not common to the type of coverage being provided, such exclusions or limitations shall be noted on the Certificate of Insurance and copies of such shall be attached thereto. SC -11 of 17 11. 1.9 The Contractor shall include the City as additional insured on all policies except workers compensation. The Contractor shall include the Owner (City of Iowa City, including its employees, agents and assigns) as additional insured on all policies, except worker's compensation and professional liability. Such additional insured endorsement(s) shall make the Contractor's liability insurance primary to the Owner's and, furthermore, shall not be contributing with any other insurance or similar r -protection available to the Owner, whether such available protection be primary, tr'rontritwting or excess. Owner shall be an Additional Insured with respect to all Q :regiOd aforementioned coverages, which shall be stated on all Certificates of 2nsordijk�e. Such Certificates shall also state that the Governmental Immunities LU "�Enl ment (see attached) apply and said endorsements shall be attached thereto. J N V~ ThA4antractor shall require any of its agents and subcontractors who perform work FRandZfctervices pursuant to the provisions of this Agreement to purchase and maintain nth a types of insurance as are required of the Contractor. o N 11.1.10 The City prefers that Contractor provide it with "occurrence form" liability insurance coverage. If Contractor can only provide "claims -made" insurance coverage, then the Contractor must comply with the following requirements: A. If the Contractor changes insurance carriers, or if Contractor's insurance coverage is canceled, during the contract period or within two years after City's acceptance of the work, Contractor agrees to immediately notify the City of such event. B. If Contractor's insurance is canceled or is allowed to lapse during said period, Contractor shall be required to obtain replacement insurance coverage to fulfill its obligation hereunder. C. If, during said period, Contractor voluntarily changes insurance carriers or is required to obtain replacement coverage from another carrier, Contractor shall either (1) purchase "tail" coverage from its first carrier effective for a minimum of two years after City Council acceptance of the work, or (2) purchase 'Prior acts" insurance 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 11.1.11 The City reserves the right to waive any of the insurance requirements herein provided. The City also reserves the right to reject Contractor's insurance if not in compliance with the requirements herein 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. 11.1.12 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. SC -12 of 17 11.1.13 In the event that any of the policies or insurance coverage identified on Contractor's Certificate of Insurance are canceled or modified, then in that event the City may in its discretion either suspend Contractor's operations or activities under this Contract, or terminate this Contract, and withhold payment for work performed on the Contract. 11.1.14 Contractor shall be responsible for any deductible amounts; including but not limited to the owner's deductible on the owner's builder's risk. E. Delete paragraphs 11.3 in its entirety and add paragraphs 11.3 as follows: 11.3 PROPERTY INSURANCE 11.3.1 OWNER shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: .1 include the interests of OWNER, CONTRACTOR, Subcontractors, Owner's Engineering Consultants, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an additional insured; .2 be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, water damage, and such other perils or causes of loss as may be specifically required by the Supplementary Conditions; include expenses incurred in the repair or replacement of any insured property; .4 include $100,000 for materials and equipment stored at the Site or at another location that was agreed to in writing by OWNER prior to being 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; _o .6 include testing and startup; and o �' .7 be maintained in effect until final payment is made. yn N .8 Such coverage shall not include coverage for loses or,da(nagg caVsepl by the negligent acts or omissions of Contractor or Subcontractors; -or 4oKwamaye_to material or equipment while under the control of or stored by ConfracWr pribr-lo installation or prior to inclusion of such material or equipment 'in construction. Contractor shall maintain appropriate insurance for such risks or occurrences 11.3.2 OWNER shall purchase and maintain such boiler and machinery insurance which shall specifically cover such insured objects or additional property insurance as may be required by Laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors, OWNER's Engineering Consultants, and any other individuals or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. SC -13 of 17 11.3.3AI1 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. to -!I' Q =41.3to CONTRACTOR requests in writing that other special insurance be included in �dh �perty insurance policies provided under paragraph 5.06, OWNER shall, if W �obfe, include such insurance, and the cost thereof will be charged to .J c COPAEACTOR by appropriate Change Order or Written Amendment. Prior to corimk cement of the Work at the Site, OWNER shall in writing advise CONTRACTOR LL ■ �vh or not such other insurance has been procured by OWNER. �.LQ o F. M)elete action 11.4 in its entirety and add paragraph 11.4 to read as follows: `41.4.1 The Contractor shall furnish a Performance Bond and Labor and Material Payment Bond from a surety using the form included in the Contract Documents, each in an amount equal to the Contract Price. Cost of such Bonds shall be included in the base bid. Each alternative bid shall include the additional Bond cost. Contractor shall deliver the required Bonds to the Owner prior to the signing of the Agreement. .1 The Performance, Labor and Material Bond shall be executed in conformity with the American Institute of Architect's Document A-312 (1984 Edition), with coverage provided by a surety having a financial rating from A.M. Best of A, VII or higher. .2 Whenever the Contractor shall be and is declared by the Owner to be in default under the Contract, the Surety and Contractor are each responsible 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 o1 the work. The Surety shall not assert solvency of its Principal or its Principal's denial of default as justification for its failure to promptly remedy the default or defaults or perform the work. .5 The Principal and Surety further agree as part of this obligation to pay all such damages of any kind to person or property that may result from a failure in any respect to perform and complete the Work including, but not limited to, all repair and replacement costs necessary to rectify construction error, architectural and engineering costs and fees, all consultant fees, all testing and laboratory fees, and all legal fees and litigation costs incurred by the Owner. .6 The Surety agrees that other than as is provided in the Bond it may not demand of the Owner that the Owner shall (a) perform any thing or act, (b) give any notice, (c) SC -14 of 17 furnish any clerical assistance, (d) render any service, (e) furnish any papers or documents, or (f) take any other action of any nature or description which is not required of the Owner to be done under the Contract Documents. 11.4.2 Surety shall be satisfactory to the Owner and shall be authorized to do business in the state of Iowa. 1.13 ARTICLE 13 - MISCELLANEOUS PROVISIONS A. Change paragraph 13.1 to read as follows: 13.1 The Contract shall be governed by the laws of the State of Iowa of the place where the PFejeG; is located eXiGep! that, i the parties have selected arbitration as the method of binding dispute F19601161t an, the Federal Arbitration AGI shall govern SeGtiGR 19.4. B. Change paragraph 13.3.1 to read as follows: 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the firm or entity or to an officer of the corporation for which it was intended, or if del veredat er sent by registered or certified mail to the last business address known to the party giving notice. C. Change paragraph 13.5.1 to read as follows: 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules, and regulations or lawful orders of public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect and Owner timely notice of when and where tests and inspections are to be made so the Architect and Owner may observe such procedures. The Owner shall bear costs of 1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded and 2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor. Copies of all reports, data and other documents related to tests, inspections and approvals shall be provided to the Architect as soon as practicable. D. Delete paragraphs 13.7. E. Add the following Section 13.8: 13.8 The Contractor shall maintain policies of employment as follows: .1 The Contractor and the Contractor's subcontractors shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, disability or national origin or otherwise as may be required by local or state ordinance. The Contractor shall take affirmative action to insure that applicants are employed, and that employees are treated during employment without regard to their race, religion, color, sex, age, disability or national origin or otherwise as may be required by local or state ordinance. Such action shall include, but not be j*ited to, the following: employment, upgrading, demotion or transfer; recrufftent or recruitment advertising; layoff or termination; rates of pay or otherslorms of compensation; and selection for training, including apprenticeship.,;Thentractor agrees to post in conspicuous places, available to employees arid -gip ants;'ibt employment, notices setting forth the policies of non-discrimination:: .2 The Contractor and the Contractor's subcontractors shall, in all soli lations or advertisements for employees placed by them or on their behalf, state that aft qua0ed 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 Add the following Section 13.9: SC -15 of 17 13.9 The Contractor shall maintain CONTRACT COMPLIANCE PROGRAM (ANTI DISCRIMINATION REQUIREMENTS) for all contracts of $25,000 or more, the Contractor Mall abide by the requirements of the City's Contract Compliance Program, which is © kwcludetvith these SpecHlcations beginning on page CC -1. Xo 1.� FiTYi64 - TERMINATION OR SUSPENSION OF THE CONTRACT J ..d. '�ild t ie llowing paragraph 14.2.1.5: -a6 F -f s or refuses to provide Insurance or proof of Insurance as required by the LL $,ono Documents. 0 B. ',hange paragraph 14.2.4 to read as follows: 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Initial Decision Maker, upon application, and this obligation for payment shall survive termination of the Contract. The Contractor shall bear all testing, engineering, accounting, and legal expenses made necessary as a result of termination of the Contract. 1.15 ARTICLE 15- CLAIMS AND DISPUTES A. Change paragraphs 15.1.1 through 15.1.3 to read as follows: 15.1.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, or other similar relief with respect to the administration terms of the Contract during the performance of the Work. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim. Nothing In this Article is intended to limit claims by the Owner related to the performance of or quality of the Work. 15.1.2 Notice of Claims. Claims by either the Owner or Contractor must be initiated by written notice to the other party and to the Initial Decision Maker with a copy sent to the Architect if the Architect is not serving as the Initial Decision Maker. Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. An additional Claim relating to the same subject matter made after the initial Claim has been implemented by Change Order will not be considered and is deemed waived by the Contractor. unless submitted in a timely manner. 15.1.3 Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments for sums not in dispute in accordance with the Contract Documents. The Architect will prepare Change Orders and issue Certificates for Payment in accordance with the decisions of the Initial Decision Maker. B. Change paragraph 15.2.5 to read as follows: 15.2.5 The. Initial Decision Maker will render an initial decision approving or rejecting the claim, or indicating that the Initial Decision Maker is unable to resolve the claim. This initial decision shall 1) be in writing, 2) state the reasons therefore, and 3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. SC -16 of 17 C. Delete paragraphs 15.2.6 and 15.2.6.1 in their entirety. D. Delete Section 15.3 MEDIATION in its entirety. E. Delete Section 15.4 ARBITRATION in its entirety. Add the following paragraph 15.5 to read as follows: 15.5 The Owner and Contractor may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. Disputes shall be resolved by legal or equitable proceedings in a court of appropriate jurisdiction. Under no circumstances shall binding arbitration be required as to any dispute arising between the parties or under the Contract Documents. SC -17 of 17 ra CJ 3> 1 �" Z �r __ -- ca CA r l� SC -17 of 17 idder Status Form To be completed by all bidders Part A Please answer "Yes" or "No" for each of the following: ❑ Yes ❑ No My company is authorized to transact business in Iowa. (To help you determine if your company is authorized, please review the worksheet on the next page). ❑ Yes ❑ No My company has an office to transact business in Iowa. ❑ Yes ❑ No My company's office in Iowa is suitable for more than receiving mail, telephone calls, and e-mail. ❑ Yes ❑ No My company has been conducting business in Iowa for at least 3 years prior to the first"request for bids on this project. ❑ Yes ❑ No My company is not a subsidiary of another business entity or my company is a subsidiary of another business entity that would qualify as a resident bidder in Iowa. If you answered "Yes" for each question above, your company qualifies as a resident bidder....Prease complete Parts B and D of this form. If you answered "No" to one or more questions above, your company is a nonresident bidder. Please complete Parts C and D of this form. To be completed by resident bidders Part B My company has maintained offices in Iowa during the past 3 years at the following addresses: Dates: / / to / / Address: City, State, Zip: Dates: / / to / / Address: City, State, Zip: Dates: / / to / / Address: You may attach additional sheet(s) if needed. City, State, Zip: To be completed by non-resident bidders Part C 1. Name of home state or foreign country reported to the Iowa Secretary of State: o � z 2. Does your company's home state or foreign country offer preferences to bidders who are resi¢gats? t ❑ YpF.❑ No N 9 3. If you answered "Yes" to question 2, identify each preference offered by your company's homiRate or fore' country and the appropriate legal citation. J 7 rJ 3 r.+ You may attach additional sheet(s) if needed. To be completed by all bidders Part D I certify that the statements made on this document are true and complete to the best of my knowledge and I know that my failure to provide accurate and truthful information may be a reason to reject my bid. Date: You must submit the completed form to the governmental body requesting bids per 875 Iowa Administrative Code Chapter 156. This form has been approved by the Iowa Labor Commissioner. BSF-1 Worksheet: Authorization to Transact Business This worksheet may be used to help complete Part A of the Resident Bidder Status form. If at least one of the following describes your business, you are authorized to transact business in Iowa. ❑ Yes ❑ No r is currently registered as a contractor with the Iowa Division of Labor. ❑Yes I�;.�,� a ,Iusiness xo Iusiness is a sole proprietorship and I am an Iowa resident for Iowa income tax purposes. ❑ Yes Et�z N V~ ;�..bt)FFiusiness is a general partnership or joint venture. More than 50 percent of the general ers or joint venture parties are residents of Iowa for Iowa income tax purposes. ❑ Yes ❑ No m N o My business is an active corporation with the Iowa Secretary of State and has paid all fees required by the Secretary of State, has filed its most recent biennial report, and has not filed articles of dissolution. ❑ Yes ❑ No My business is a corporation whose articles of incorporation are filed in a state other than Iowa, the corporation has received a certificate of authority from the Iowa secretary of state, has filed its most recent biennial report with the secretary of state, and has neither received a certificate of withdrawal from the secretary of state nor had its authority revoked. ❑ Yes ❑ No My business is a limited liability partnership which has filed a statement of qualification in this state and the statement has not been canceled. ❑ Yes ❑ No My business is a limited liability partnership which has filed a statement of qualification in a state other than Iowa, has filed a statement of foreign qualification in Iowa and a statement of cancellation has not been filed. ❑ Yes ❑ No My business is a limited partnership or limited liability limited partnership which has filed a certificate of limited partnership in this state, and has not filed a statement of termination. ❑ Yes ❑ No My business is a limited partnership or a limited liability limited partnership whose certificate of limited partnership is filed in a state other than Iowa, the limited partnership or limited liability limited partnership has received notification from the Iowa secretary of state that the application for certificate of authority has been approved and no notice of cancellation has been filed by the limited partnership or the limited liability limited partnership. ❑ Yes ❑ No My business is a limited liability company whose certificate of organization is filed in Iowa and has not filed a statement of termination. ❑ Yes ❑ No My business is a limited liability company whose certificate of organization is filed in a state other than Iowa, has received a certificate of authority to transact business in Iowa and the certificate has not been revoked or canceled. BSF-2 ARC 1271C LABOR SERVICES DIVISION[875] c i Adopted and Filed Pursuant to the authority of Iowa Code section 73A.21, the Labor Commissioner hereby adopts a new Chapter 156, "Bidder Preferences in Government Contracting," Iowa Administrative Code. This amendment adopts new rules concerning preferences for resident bidders on g6t 0mment construction projects. The new chapter sets forth requirements for a public body involved iiia public.'. improvement and sets forth enforcement procedures. Notice of Intended Action was published in the October 30, 2013, Iowa Administrative, Bulletin as ARC 1160C. Public comments regarding the proposed rules were received. Commenters stated that some of the rules could be misinterpreted and that some of the rules were beyond the statutory authority of Iowa Code section 73A.21. Commenters expressed ideas on how to make the bidding process more efficient. Commenters also questioned the constitutionality of Iowa Code section 73A.21. One commenter suggested adding compliance with Iowa Code chapter 91C as a basis to find that a company is authorized to transact business in Iowa. These rules are not identical to those published under Notice of Intended Action. Some changes are technical; other more substantive changes are described below. References to "domicile" were removed from several nrles. Subrule 156.2(1) was changed to clarify that the requirements apply only to a project to be awarded to the lowest responsible bidder; to clarify that only office addresses, not construction worksites, must be reported; to remove a reference to perjury; and to change the deadline for submitting a statement to the public body. Paragraph 156.2(2)"b" was changed by deleting the phrase "under this Act." Subrule 156.2(3) was changed by adding new paragraph "k" concerning construction contractor registration, and by clarifying that compliance with only one of the lettered paragraphs in the subrule is necessary. Paragraph 156.2(4)"b" was changed by adding the phrase "if applicable." N o In rule 875-156.3(73A), the term "public body" replaced the term "nonresident bidderri a A new rule 875-156.9(73A) containing a severability clause was added. ,; Z The principal reason for adoption of this amendment is to implement legislative ir!afttgNo varian� procedures are included in these rules because variance provisions are set forth in 875- t] ropte". After analysis and review of this rule making, no impact on jobs has been found. ;Gf� _ These rules are intended to implement Iowa Code section 73A.21. E5;0 These rules shall become effective on February 12, 2014. •> The following amendment is adopted. Adopt the following new 875—Chapter 156: CHAPTER 156 BIDDER PREFERENCES IN GOVERNMENT CONTRACTING 875-156.1(73A) Purpose, scope and definitions. These rules institute administrative and operational procedures for enforcement of the Act. The definitions and interpretations contained in Iowa Code section 73A.21 shall be applicable to such terms when used in this chapter. "Act" means Iowa Code section 73A.21. "Affiliate, " when used with respect to any specified person or entity, means another person or entity that, either directly or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control or ownership with, such specified person or entity. "Commissioner" means the labor commissioner appointed pursuant to Iowa Code section 91.2, or the labor commissioner's designee. "Division" means the division of labor of the department of workforce development. BSF-3 "Nonresident bidder" means a person or entity that does not meet the definition of a resident bidder, includirE;?ny affiliate of any person or entity that is a nonresident bidder. ^ "Parent,wn used with respect to any specified person or entity, means an affiliate controlling pouch spPM�!fte"on or entity directly or indirectly through one or more intermediaries. , Paic means the state and any of its political subdivisions, including a school district, public lity, er theboard of regents. "Public *&vement" means a building or other construction work to be paid for in whole or in � apart by*e ttqtfunds of the state, its agencies, and any of its political subdivisions and includes road q""'bnstr6clion, nstruction, and maintenance projects. " PZlic uti" includes municipally owned utilities and municipally owned waterworks. "Mident bidder" means a person or entity authorized to transact business in this state and having a place of business for transacting business within the state at which it is conducting and has conducted business for at least three years prior to the date of the first advertisement for the public improvement. If another state or foreign country has a more stringent definition of a resident bidder, the more stringent definition is applicable as to bidders from that state or foreign country. "Resident labor force preference" means a requirement in which all or a portion of a labor force working on a public improvement is a resident of a particular state or country. "Subsidiary, " when used with respect to any specified person or entity, is an affiliate controlled by such specified person or entity directly or indirectly through one or more intermediaries. 875-156.2(73A) Reporting of resident status of bidders. 156.2(1) Reporting to public body. When a contract for a public improvement is to be awarded to the lowest responsible bidder, the public body shall request a statement from each bidder regarding the bidder's resident status. The statement shall be on the form designated by the commissioner. The statement shall require the bidder to certify whether the bidder is a resident bidder or a nonresident bidder. In the case of a resident bidder, the statement shall require the resident bidder to identify each office at which the resident bidder has conducted business in the state during the previous three years and the dates on which the resident bidder conducted business at each office. In the case of a nonresident bidder, the statement shall require the nonresident bidder to identify the nonresident bidder's home state or foreign country as reported to the Iowa secretary of state, to identify each preference offered by the nonresident bidder's home state or foreign country, and to certify that, except as set forth on the form, there are no other preferences offered by the nonresident bidder's home state or foreign country. The statement shall include such additional information as requested by the commissioner. The statement must be signed by an authorized representative of the bidder. A fully completed statement shall be deemed to be incorporated by reference into all project bid specifications and contract documents with any bidder on a public improvement. Failure to provide the statement with the bid may result in the bid being deemed nonresponsive. This may result in the bid being rejected by the public body. 156.2(2) Determining residency status. a. For purposes of the Act, a person or entity is a resident bidder if the person or entity: (1) Is authorized to transact business in Iowa; and (2) Has had one or more places of business in Iowa at which it is conducting or has conducted business in this state for at least three years immediately prior to the date of the first advertisement for the public improvement. b. If the person or entity is a resident of a state or foreign country that has a more stringent definition than is set forth in paragraph 156.2(2) "a" for determining whether a person or entity in that state or country is a resident bidder, then the more stringent definition applies. 156.2(3) Determining authorization to transact business. A person or entity is authorized to transact business in the state if one or more of the following accurately describes the person or entity: a. In the case of a sole proprietorship, the sole proprietor is an Iowa resident for Iowa income tax purposes; b. In the case of a general partnership or joint venture, more than 50 percent of the general partners or joint venture parties are residents of Iowa for Iowa income tax purposes; 19 C. In the case of a limited liability partnership which has filed a statement of qualification in this state, the statement has not been canceled; d. In the case of a limited liability partnership whose statement of qualification is filed in a state other than Iowa, the limited liability partnership has filed a statement of foreign qualification in Iowa and a statement of cancellation has not been filed pursuant to Iowa Code section 486A.105(4); e. In the case of a limited partnership or limited liability limited partnership whose certificate of limited partnership is filed in this state, the limited partnership or limited liability limited partneiship has- not filed a statement of termination; f. In the case of a limited partnership or a limited liability limited partnership whose certificate of limited partnership is filed in a state other than Iowa, the limited partnership or limited liability °limited partnership has received notification from the Iowa secretary of state that the application for certificate of authority has been approved and no notice of cancellation has been filed by the limited partnership or the limited liability limited partnership; g. In the case of a limited liability company whose certificate of organization is filed in this state, the limited liability company has not filed a statement of termination; h. In the case of a limited liability company whose certificate of organization is filed in a state other than Iowa, the limited liability company has received a certificate of authority to transact business in this state and the certificate has not been revoked or canceled; i. In the case of a corporation whose articles of incorporation are filed in this state, the corporation (1) has paid all fees required by Iowa Code chapter 490, (2) has filed its most recent biennial report, and (3) has not filed articles of dissolution; j. In the case of a corporation whose articles of incorporation are filed in a state other than Iowa, the corporation (1) has received a certificate of authority from the Iowa secretary of state, (2) has filed its most recent biennial report with the secretary of state, and (3) has neither received a certificate of withdrawal from the secretary of state nor had its authority revoked; or k. The person or entity is registered with the Iowa division of labor as a construction contractor pursuant to Iowa Code chapter 91C. 156.2(4) Determining if bidder has conducted business in state. In order to determine if a bidder has a place of business for transacting business within Iowa at which it is conducting and has conducted business for at least three years prior to the date of the fust advertisement of the public improvement, the bidder shall meet the following criteria for the three-year period prior to the first advertisement for the public improvement: a. Continuously maintained a place of business for transacting business in Iowa that is suitable for more than receiving mail, telephone calls, and e-mails; and N b. Conducted business in the state for each of those three years and filed an Iowa income taf%tum, if applicable, made payments to the Iowa unemployment insurance fund, if applicable,,er2maained i an Iowa workers' compensation policy, if applicable, in effect for each of those three ye t r _ N 575-156.3(73A) Application of preference. When awarding a contract for a public.iveigent toM the lowest responsible bidder, the public body shall allow a preference to a resident bis agiiinstt� rq nonresident bidder that is equal to any preference given or required by the home state or foiAgnuntr ° in which the nonresident bidder is a resident without regard to whether such preferences are actually enforced by the applicable regulatory body in each state. If the bidder is a subsidiary of a paritft that would be a nonresident bidder if such parent were to bid on the public improvement in its own name, then the public body shall allow a preference as against such bidder that is equal to the preference given or required by the home state or foreign country of the bidder's parent. In the instance of a labor force preference, a public body shall apply the same resident labor force preference to a public improvement in this state as would be required in the construction of a public improvement by the home state or foreign country of the nonresident bidder, or the parent of a resident bidder if the parent would qualify as a nonresident bidder if such parent were to bid on the public improvement in its own name. A preference shall not be applied to a subcontractor unless the home state or foreign country of the nonresident bidder to whom the contract was awarded would apply a preference to the subcontractor. BSF-5 Specific methods of calculating and applying a preference shall mirror those that apply in the home state or foreign country of the nonresident bidder to whom the contract was awarded. In the event that the specific method used by the nonresident bidder's home state or foreign country cannot be determined, the cjrlation for a labor force preference shall include only the labor force working on the public improNament Wowa on a regular basis calculated by pay period. 3 �� -A5 ��+'^^ ` 656.4 !R) Complaints regarding alleged violations of the Act. W 1M A(twplaints. Any person with information regarding a violation of the Act may submit a .�nttutfCod4ftt to the commissioner. Any complaint must provide the information required pursuant .to sulijle 2) or as much of such information as is reasonably practicable under the circumstances. WThe p written complaint form shall be submitted to the commissioner at Labor Services Divistan, 1 _ ast Grand Avenue, Des Moines, Iowa 50319. INA(2) Written complaint form. The commissioner shall prepare a written complaint form that a person with information regarding a potential violation of the Act may submit pursuant to submle 156.4(1). The written complaint form shall request the following information: the name, address, telephone number, and e-mail address of the complainant; the name of the bidder that is believed to have violated the Act; a description of any relationships between the complainant and the bidder; an identification of the public body to which the bidder submitted a bid; the home state or foreign country of the bidder; a description of the goods and services provided under the bid; and such additional information as requested by the commissioner. 156.4(3) Availability of written complaint form. The written complaint form shall be available in all division offices and on the department of workforce development's Internet Web site. 875-156.5(73A) Nonresident bidder record-keeping requirements. While participating in a public improvement, a nonresident bidder from a home state or foreign country with a resident labor force preference shall make and keep, for a period of not less than three years, accurate records of all workers employed by the contractor or subcontractor on the public improvement. The records shall include each worker's name, address, telephone number if available, social security number, trade classification, and starting and ending date of employment. 875-156.6(73A) Investigations; determination of civil penalty. The commissioner or an authorized designee shall cause an investigation to be made into charges of violations of the Act, including allegations set forth in a written complaint. 156.6(1) Investigative powers. The commissioner or the authorized designee shall have the following powers: a. Hearings. The commissioner may hold hearings and investigate charges of violations of the Act. b. Entry into place of employment. The commissioner may, consistent with due process of law, enter any place of employment to inspect records concerning labor force residency, to question an employer or employee, and to investigate those facts, conditions, or matters as are deemed appropriate in determining whether any person has violated the provisions of the Act. The commissioner shall only make an entry into a place of employment in response to a written complaint. C. Residency of workers. The commissioner may investigate and ascertain the residency of a worker engaged in any public improvement in this state. d. Oaths; depositions; subpoenas. The commissioner may administer oaths, take or cause to be taken deposition of witnesses, and require by subpoena the attendance and testimony of witnesses and the production of all books, registers, payrolls, and other evidence relevant to a matter under investigation or hearing. e. Employment of personnel. The commissioner may employ qualified personnel as are necessary for the enforcement of Iowa Code section 73A.21. The personnel shall be employed pursuant to the merit system provisions of Iowa Code chapter 8A, subchapter IV. BSF-6 f. Request for records. The commissioner shall require a contractor or subcontractor to file, within 10 days of receipt of a request, any records enumerated in rule 875-156.5(73A). If the contractor or subcontractor fails to provide the requested records within 10 days, the commissioner may direct, within 15 days after the end of the 10-day period, that the fiscal or financial office charged with theccustody and disbursement of funds of the public body that contracted for construction of the public improvement or undertook the public improvement, to withhold immediately from payment to the eamractor, or subcontractor up to 25 percent of the amount to be paid to the contractor or subcontractor under tiie terms of the contract or written instrument under which the public improvement is being perfotmed. ,'('he amount withheld shall be immediately released upon receipt by the public body of a notice from the commissioner indicating that the request for records as required by this paragraph has been satisfied. ' 156.6(2) Division determination. Upon conclusion of an investigation, the commissioner or an authorized designee shall issue a written determination to the party that was the subject of the investigation. The determination shall indicate whether or not the division finds a violation bf the Act by the party. If the determination indicates that the party engaged in a violation of the Act, the determination shall also indicate the remedies the division intends to pursue as a result of the violation. 156.6(3) Informal conference. A party seeking review of the division's determination pursuant to this rule may file a written request for an informal conference. The request must be received by the division within 15 days after the date of issuance of the division's determination. During the conference, the party seeking review may present written or oral information and arguments as to why the division's determination should be amended or vacated. The division shall consider the information and arguments presented and issue a written decision advising all parties of the outcome of the informal conference. 875-156.7(73A) Remedies. Following the conclusion of the informal conference, or following the expiration of the time in which a party may file a written request for an informal conference, the division may pursue the following remedies. 156.7(1) Injunctive relief. If the division determines that a violation of the Act has occurred, the division - may sue for injunctive relief against the awarding of a contract, the undertaking of a public improvement, or the continuation of a public improvement. o 156.7(2) Civil penalty. Any person or entity that violates the provisions of this char is siject to a civil penalty in an amount not to exceed $1,000 for each violation found in a first irt"ft# athM by 111 division, not to exceed $5,000 for each violation found in a second investigation by the Msi n, BEd noCM- exceed $15,000 for a third or subsequent violation found in any subsequent investigatioihb[hivisi r� Each violation of this chapter for each worker and for each day the violation continues couQtmes asseparM and distinct violation. In determining the amount of the penalty, the division sliallonSiCer tb" appropriateness of the penalty to the person or entity charged, upon determination of "aveey of tfte violation(s). The collection of these penalties shall be enforced in a civil action broughPby ther,attomey general on behalf of the division. rs 875-156.8(73A) Compliance with federal law. If it is determined that application of this chapter and the Act may cause denial of federal funds which would otherwise be available for a public improvement, or would otherwise be inconsistent with requirements of any federal law or regulation, the application of this chapter shall be suspended to the extent necessary to prevent denial of the funds or to eliminate the inconsistency with federal requirements. 875-156.9(73A) Severability. If any rule under this chapter, any portion of a rule under this chapter, or the applicability of any rule under this chapter to any person or circumstance is held invalid by court, the remainder of these rules or the rules' applicability to other persons or circumstances shall not be affected. These rules are intended to implement Iowa Code section 73A.21. [Filed 12/16/13, effective 2/12/141 [Published 1/8/14] EMOR's NoTE: For replacement pages for IAC, see IAC Supplement 1/8/14. BSF-7 1 Technical Specifications Division 1 — General Requirements ka.A UF I Y I - I l LA I Y 3> � I SECTION 01010 SUMMARY OF THE WORK PART 1 - GENERAL General description, not all inclusive. A. Base Bid Work: The base bid work includes removal and replacement of siding, roofing, and appurtenances on Iowa City Public Housing properties as outlined in sections 01010-2 through 01010-11. Included with this work is installation of facia, window screens, house wrap, drip edge, ice and water shield, roofing felt, pipe jack, roof vent, ridge vent, and all work necessary to install these items. Each item shall be bid as a lump sum quantity. Listed quantities in sections 01010-2 through 01010-11 are approximate; the contractor shall be responsible for verifying all quantities. A total of twenty properties require complete replacement of the roof A total of eighteen properties require partial replacement of the siding. Siding shall match existing texture and color. All work shall be performed in strict compliance with the City of Iowa City building codes and manufacturer's requirements. 01010-1 ro m ,- rn r ZJOJ-24(H WlttsAertne Meadow Dr (/Ease Bid Items 1 & II l: Mngsvff Sides "Wor wii- 1 f e $ht 8.00 FT, Width 63.50FF, Qty of Walls 2 Ex or or w4-2 t 8.00 Fr, Width 63.50F17, Qty of Walls 1 Fwtwior v4-3 >>M%bt 8.00 F17, Width 54.331717, Qty of Walls 2 1J&ork!$beXGleted RemodRand reface vinyl siding, standard grade 0 Remofeand replace fascia, aluminum 6" to 12" wide Remove and replace window screen 36"wide 48"tall 100'rolls Item # 2: Roof - Complete Replacement Rectangular slope -1 Length 58.33F17, Width 26.251717, Qty of Slopes 2 Rectangular slope -2 Length 13.00F17, Width 9.251717, Qty of Slopes 4 Work to be completed Remove and replace asphalt shingles, laminated, standard grade Replace drip edge, standard Replace ice and water shield, standard Replace roofing felt, 30 -pound or approved equivalent Replace pipe jack, standard Replace roof vent, turtle uand 2393 108 5 2393 Unit SF LF EA SF Quantity Unit 35.4 SQ 215 LF 1249 SF 23 SQ 6 EA 6 EA 14 EA 2452 Whispeting WhisperingMeadow Dr (Base Bid Items 3 & 4) Family ' Item # 3: Siding - Replace West and south sides; repair other sides Unit Exterior wall -1 Height 9.00 F17, Width 30.001717, Qty of Walls 1 19.1 Exterior wall -2 Height 9.00 F17, Width 54.001717, Qty of Walls 1 Replace drip edge, standard Gable section -1 Height 7.33 FF, Width 301717, Qty of Gables 1 LF Work to be completed Ouantity Unit 696 Remove and replace vinyl siding, standard grade 866 SF Replace roofing felt, 30 -pound or approved equivalent Remove and replace trim, aluminum 6"to 12"wide 40 LF SQ Item # 4. Roof - Complete Replacement Rectangular slope -1 Length 58.251717, Width 16.421717, Qty of Slopes 2 Work to be completed Ouantity Unit Remove and replace asphalt shingles, laminated, standard grade 19.1 SQ Replace drip edge, standard 184 LF Replace ice and water shield, standard 696 SF Replace roofing felt, 30 -pound or approved equivalent 13 SQ Replace pipe jack, standard 2 EA Replace roof vent, turtle 2 EA Replace ridge vent, shingle over, 4'vent 14 EA 01010-2 I 2611 Whispering Meadow Ur (/Ease Bid Items ) do 6) Item # 5: Siding - Replace West side; repair other sides Exterior wall -1 Height 8.00FT, Width 55.00FT, Qty of Walls 1 = a Work to be completed Quinitity Remove and replace vinyl siding, standard grade 440 Remove and replace window screen 36"wide 48"tall 5 Replace building paper, Tyvek house wrap, 3'x100'rolls or 9'x100'rolls ' 440 Item # 6: Roof - Complete Replacement Rectangular slope -1 Length 59.00FT, Width 19.50FT, Qty of Slopes 2 Work to be completed Ouantity Remove and replace asphalt shingles, laminated, standard grade 23.0 Replace drip edge, standard 196 Replace ice and water shield, standard 708 Replace roofing felt, 30 -pound or approved equivalent 16 Replace pipe jack, standard 4 Replace roof vent, turtle 4 Replace ridge vent, shingle over, 4'vent 14 2548 Indigo Ur (/Ease /Std Items % & Item # 7: Siding - Replace North and west sides; repair other sides Gable section -1 Height 9.25FT, Width 29.75FT, Qty of Gables 2 Exterior wall -1 Height 9.00FT, Width 29.75FT, Qty of Walls 2 Single Unit SF EA SF Unit SQ LF SF SQ EA EA EA Single Work to be completed Quat[v Unit Unit Remove and replace vinyl siding, standard grade„-�� SQ 111 �yySF Remove and replace trim, aluminum 6"to 12"wide '—t �5 ntF Replace building paper, Tyvek house wrap, 3'XlOO'rolls or 9'x100' rollsin 13.5 8 A69 r"SF 2 EA Replace roof vent, turtle 2 Item # 8: Roof - Complete Replacement `w -- Rectangular slope -1 Length 58.33FT, Width 17.25FT, Qty of Slopes 2 cn Work to be completed Ouantity Unit Remove and replace asphalt shingles, laminated, standard grade 20.1 SQ Replace drip edge, standard 186 LF Replace ice and water shield, standard 696 SF Replace roofing felt, 30 -pound or approved equivalent 13.5 SF Replace pipe jack, standard 2 EA Replace roof vent, turtle 2 EA Replace ridge vent, shingle over, 4'vent 14 EA 01010-3 2o22-2oju inaigo c,t (Base ifta items Y & iu) Item # 9: ding - RRlace South and west sides; repair other sides ElMor w& Jtght 8.00 FT, Width 63.50FT, Qty of Walls 1 E cWor wig -2 &Mt 8.00 FT, Width 21.58FT, Qty of Walls 1 GablF sect -I eight 9.00 FT, Width 63.5OFT, Qty of Gables 1 Mork 19 Ouantity Unit Lemovi4ndce vinyl siding, standard grade 966 SF RemovMnd repce fascia, aluminum 6" to 12" wide 52 LF 0 Replad"uilding paper, Tyvek house wrap, 3'x 100'rolls or 9'x100' rolls 966.42 SF Item # 10: Roof - Complete Replacement Unit 22.9 Rectangular slope -1 Length 59.00FT, Width 26.50FT, Qty of Slopes 2 216.3 LF Rectangular slope -2 Length 16.50FT, Width 8.50FT, Qty of Slopes 4 SF 15 Work to be completed Ouantity Unit Remove and replace asphalt shingles, laminated, standard grade 36.9 SQ Replace drip edge, standard 344 LF Replace ice and water shield, standard 1116 SF Replace roofing felt, 30 -pound or approved equivalent 20 SQ Replace pipe jack, standard 8 EA Replace roof vent, turtle 6 EA Replace ridge vent, shingle over, 4'vent 14 EA Single 2646 inawo ut (Base Bid items 11 & 1 Item # ll: Siding - Replace South and west sides; repair other sides Unit 22.9 Exterior wall -1 Height 8.00 FT, Width 27.00FT, Qty of Walls 1 216.3 LF Exterior wall -2 Height 8.00 FT, Width 63.50FT, Qty of Walls 1 SF 15 Gable section -1 Height 16.00 FT, Width 27.00FT, Qty of Gables 1 3 EA Work to be completed Ouantity Unit Remove and replace vinyl siding, standard grade 940 SF Remove and replace fascia, aluminum 6" to 12" wide 35 LF Replace building paper, Tyvek house wrap, 3'x100'rolls or 9'x100' rolls 940 SF Item # 12: Roof - Complete Replacement Rectangular slope -1 Length 66.5OFT, Width 17.25FT, Qty of Slopes 2 Work to be completed Remove and replace asphalt shingles, laminated, standard grade Replace drip edge, standard Replace ice and water shield, standard Replace roofing felt, 30 -pound or approved equivalent Replace pipe jack, standard Replace roof vent, turtle 01010-4 Ouantity Unit 22.9 SQ 216.3 LF 804 SF 15 SQ 3 EA 3 EA 15 EA I Ut (Base Bia Items 1-1 & 1 Item # 13: Siding - Replace South side and garage sides; repair other sides Exterior wall -1 Height 8.00 FT, Width 50.001717, Qty of Walls 1 Exterior wall -2 Height 8.00 FT, Width 23.00FT, Qty of Walls 1 Gable section -1 Height 10.50 FT, Width 50.00FT, Qty of Gables 1 Work to be completed Remove and replace vinyl siding, standard grade Remove and replace fascia, aluminum 6" to 12" wide Item # 14: Roof - Complete Replacement Rectangular slope -1 Length 60.00FT, Width 3033FT, Qty of Slopes 2 Rectangular slope -2 Length 19.00FT, Width 12.50FT, Qty of Slopes 2 Work to be completed Remove and replace asphalt shingles, laminated, standard grade Replace drip edge, standard Replace ice and water shield, standard Replace roofing felt, 30 -pound or approved equivalent Replace pipe jack, standard Replace roof vent, turtle 263%-2631 Mateo Ut (Ifase Bid Items 1J & 1 Item # 15: Siding - Replace South side; repair other sides Exterior wall -1 Height 8.00 FT, Width 63.50FT, Qty of Walls 1 Gable section -1 Height 9.00 FT, Width 63.50FT, Qty of Gables 1 Work to be completed Remove and replace vinyl siding, standard grade Remove and replace fascia, aluminum 6" to 12" wide Replace building paper, Tyvek house wrap 3'x100'rolls or 9'xlOO'Iolls uanti Unit B47 SF 54 LF Ouantity Unit 41.2 SQ 158 LF 720 SF 40 SQ 4 EA 8 EA 14 EA ,� c, n—C ru �o =t n of tte5ti �..jC nit Ti!E-794 SF y :.i 54 LF 793.75 SF Item # 16: Roof - Complete Replacement Rectangular slope -1 Length 57.5OFT, Width 2633FT, Qty of Slopes 2 Rectangular slope -2 Length 16.50FT, Width 8.5017T, Qty of Slopes 4 Work to be completed Ouantity Unit Remove and replace asphalt shingles, laminated, standard grade 35.9 SQ Replace drip edge, standard 288 LF Replace ice and water shield, standard 696 SF Replace roofing felt, 30 -pound or approved equivalent 29 SQ Replace pipe jack, standard 6 EA Replace roof vent, turtle 3 EA 01010-5 Single 241if AACrAve (lfase Ifta Item [Y) Ouandtv Fan I#17a oo - Omplete Replacement gu}q slcq�C� Length 61.00FT, Width 16.75FT, Qty of Slopes 2 9.7 SQ 1+,, Wangu�ar s oUppO4 Length 3.00FT, Width 4.00FT, Qty of Slopes 2 100 LF iio�angut slQAqS Length 2.00FT, Width 10.00FT, Qty of Slopes 2 972 SF b leted Ouantity Unit �Worl�' emgy� anace asphalt shingles, laminated, standard grade 21.1 SQ Replydrip edge, standard 186 LF Replace ice and water shield, standard 2107.5 SF Replace roofing felt, 30 -pound or approved equivalent 13 SQ Replace pipe jack, standard 2 EA Replace roof vent, turtle 2 EA Single 14J7 Aster Ave (Base Iftd Items 16 dr Item # 18. Skiing - Complete Replacement Work to be completed Ouand Unit Remove and replace vinyl siding, standard grade 972 SF Replace building paper, Tyvek house wrap 3'x100' rolls or 9'x 100'rolls 972 SF Item # 19. Roof - Complete Replacement Rectangular slope -1 Length 58.2517T, Width 16.67FT, Qty of Slopes 1 Work to be completed Ouandtv Unit Remove 3 -tab shingles and replace with asphalt shingles, laminated, standard grade 9.7 SQ Replace drip edge, standard 100 LF Replace ice and water shield, standard 972 SF Replace roofing felt, 30 -pound or approved equivalent 9.71 SQ Install pipe jack, standard 2 EA Install roof vent, turtle 2 EA Install ridge vent, shingle over, 4'vent 30 FT 01010-6 Single 1543 Aster Ave (Base Bid Items LU c& Item # 20: Siding - Replace South and west sides; repair other sides Exterior wall -I Height 8.00 FT, Width 32.00FT, Qty of Walls 1 Exterior wall -2 Height 4.00 FT, Width 16.00FT, Qty of Walls 1 Work to be completed OugntiLy,Unit •i Remove and replace vinyl siding, standard grade , `_ ` 320. SF Replace building paper, Tyvek house wrap 3'xI00'rolls or 9'xI00'rolls u- : 474 SF Item # 21: Roof - Complete Replacement Rectangular slope -1 Length 58.00FT, Width 16.7517T, Qty of Slopes 2 Exterior wall -I Height 8.00 FT, Width 55.92FT, Qty of Walls 1 Cj �C Rectangular slope -2 Length 10.00FT, Width 2.00FT, Qty of Slopes 2 Work to be completed Ouantity Unit Remove and replace asphalt shingles, laminated, standard grade 19.8 SQ Replace drip edge, standard 180 LF Replace ice and water shield, standard 1080 SF Replace roofing felt, 30 -pound or approved equivalent 8.9 SQ Replace pipe jack, standard 2 EA Replace roof vent, turtle 3 EA 460 SF width of Single 1550 Nevada Ave (Base But Items 21 & 13 Item # 22: Siding - Replace East side; repair other sides Exterior wall -I Height 8.00 FT, Width 55.92FT, Qty of Walls 1 Cj �C m L C7 1 _yN am Work to be completed � � ntit'"j Unit Remove and replace vinyl siding, standard grade Fn 78QO SF Replace building paper, Tyvek house wrap 3'x100' rolls or 9'x100' rolls; { 460 SF Item # 23: Roof - Complete Replacement Rectangular slope -1 Length 59.92FT, Width 19.5017T, Qty of Slopes 2 Work to be completed Ouantit Unit Remove and replace asphalt shingles, laminated, standard grade 23.4 SQ Replace drip edge, standard 200 LF Replace ice and water shield, standard 720 SF Replace roofing felt, 30 -pound or approved equivalent 4.5 SQ Replace pipe jack, standard 4 EA Replace roof vent, turtle 4 EA 4'vent 01010-7 Single 6J3I LyeVaaa Ave (Ifase Laa items L4 & lJJ Item # 24: Siding - Replace West and south sides; repair other sides Ip eted Ouantity Unit ice vinyl siding, standard grade 780 SF paper, Tyvek house wrap 3'XIOO'rolls or 9'xlOO'roIls 460 SF m N Item # 25: Roof - Complete Replacement Rectangular slope -I Length 16.671717, Width 58.42FT, Qty of Slopes 2 Rectangular slope -2 Length 10.00FT, Width 2.00FT, Qty of Slopes 2 Ouanti Unit Rectangular slope -3 Length 5.00FT, Width 2.001717, Qty of Slopes 2 44.3 SQ Work to be completed Ouantity Unit Remove and replace asphalt shingles, laminated, standard grade 20.1 SQ Replace drip edge, standard 95 LF Replace ice and water shield, standard Perimeter SF Replace roofing felt, 30 -pound or approved equivalent of hip SQ Replace ice and water shield, standard roof SF Replace roofing felt, 30 -pound or approved equivalent 20.07 SQ Replace pipe jack, standard 3 EA Replace roof vent, turtle 3 EA Replace ride vent, shingle over, 4'vent -30 FT LJJL-L33/ Wnlspering, Meattow Ur (Base Ifta Rents zo dit Item # 26: Siding - Complete Replacement Work to be completed Ouand Unit Remove and replace vinyl siding, standard grade 921 SF Item # 27. Roof - Complete Replacement Rectangular slope -1 Length 58.75FT, Width 31.001717, Qty of Slopes 2 Rectangular slope -2 Length 23.25F17, Width 17.00FT, Qty of Slopes 2 Work to be completed Ouanti Unit Remove and replace asphalt shingles, laminated, standard grade 44.3 SQ Replace drip edge, standard 322 LF Perimeter of hip Replace ice and water shield, standard roof SF Replace roofing felt, 30 -pound or approved equivalent 44.34 SQ Replace pipe jack, standard 6 EA Replace roof vent, turtle 8 EA Replace ridge vent, shingle over, 1-1/4"X11 "x4' David says -50' -50 FT 01010-8 6311 Aster Ave (Base Ista item Item # 28: Roof - Complete Replacement Rectangular slope -1 Length 59.83FT, Width 16.75FT, Qty of Slopes 2 Rectangular slope -2 Length 10.00FT, Width 2.00FT, Qty of Slopes 2 Rectangular slope -3 Length 2.001717, Width 5.001717, Qty of Slopes 2 Work to be completed Remove and replace asphalt shingles, laminated, standard grade Replace drip edge, standard Replace ice and water shield, standard Replace roofing felt, 30 -pound or approved equivalent Replace pipe jack, standard Replace roof vent, turtle l4J% Whispering Frame Ave ([Ease Ifta Items ZY & Item # 29: Siding - Replace West and north sides; repair other sides Exterior wall -1 Height 8.00 FT, Width 53.0017T, Qty of Walls 1 Gable section -1 Height 8.00 FT, Width 28.0017T, Qty of Gables 1 Work to be completed Remove and replace vinyl siding, standard grade, standard grade Replace building paper, Tyvek house wrap 3'X10O'roUs or 9'x100'rolls Item # 30: Roof - Complete Replacement Rectangular slope -1 Length 57.001717, Width 16.58FT, Qty of Slopes 2 Rectangular slope -2 Length 2.001FT, Width 10.001FT, Qty of Slopes 2 Rectangular slope -3 Length 2.001717, Width 4.001717, Qty of Slopes 2 Work to be completed Remove and replace asphalt shingles, laminated, standard grade Replace drip edge, standard Replace ice and water shield, standard Replace roofing felt, 30 -pound or approved equivalent Replace pipe jack, standard Replace roof vent, turtle over, 4'vent 01010-9 Single Single ua Unit 19.5 -?6 SF -.7- C-) c° 336 —TVF 636 ,.,(-A 19.47 _ O u` �ti . Unit 20.6 - �� SQ 178 LF 720 SF 20.64 SQ 3 EA 3 EA Single ua Unit 19.5 -?6 SF -.7- C-) c° 336 —TVF 636 SF 19.47 SQ 2 EA .-rn a int f� uand Unit 19.5 SQ 274 LF 636 SF 19.47 SQ 2 EA 3 EA Sinele 2JU7 Wntspenng Fratne Ave (Kase [fid Items 31 & Item # 31: Siding - Replace West side, repair other sides Exterior wall -1 Height 8.00 FI', Width 55.00FT, Qty of Walls 1 in � a Live bs pleted Wemd6S anMlace vinyl siding, standard grade Jtepla1rb1.ai3'— paper, Tyvek house wrap 3'x 100' rolls or 9'x100'rolls LL ~ a Quand 440 440 Unit SF SF Item # 34!�Jtoof - Complete Replacement Rectangular slope -1 Length 43.0017I7, Width I9.00FT, Qty of Slopes 2 Rectangular slope -2 Length 15.00FT, Width 17.00FT, Qty of Slopes 2 Ouantity Unit Work to be completed Ouand Unit Remove and replace asphalt shingles, laminated, standard grade 21.4 SQ Replace drip edge, standard 222 LF Replace roofing felt, 30 -pound or approved equivalent 684 SF Replace roofing felt, 30 -pound 14 SQ Replace pipe jack, standard 4 EA Replace roof vent, turtle 4 EA Replace ride vent, shin le over, 4'vent 11 EA I7atne Ave (Kase Ina Items 33 di: Item # 33: Siding - Replace West and south sides; repair other sides Exterior wall -1 Height 8.00 FT, Width 65.00FT, Qty of Walls 1 Exterior wall -2 Height 8.00 FT, Width 53.0017T, Qty of Walls 1 Work to be completed Ouantity Unit Remove and replace vinyl siding, standard grade 944 SF Replace building paper, Tyvek house wrap 3'x 1 00'rolls or 9'x 100'rolls 944 SF Item # 34. Roof - Complete Replacement Rectangular slope -1 Length 59.00FT, Width 26.5OFT, Qty of Slopes 2 Rectangular slope -2 Length 16.50FT, Width 8.5OFT, Qty of Slopes 4 Work to be completed Ouantity Unit Remove and replace asphalt shingles, laminated, standard grade 36.9 SQ Replace drip edge, standard 276 LF Replace ice and water shield, standard 1116 SF Replace roofing felt, 30 -pound or approved equivalent 26 SQ Replace pipe jack, standard 8 EA Replace roof vent, turtle 4 EA Replace ridge vent, shingle over, 4'vent 15 EA 01010-10 Single I< ITM rrairte Ave (Base Ifta Item # 35: Siding - Replace South side; repair other sides Exterior wall -I Height 8.00 FT, Width 63.5OFT, Qty of Walls 1 Single LbJU Wlttspenng Prattle Ave (Base Ifta items 3% & Jlf) ,i Work to be completed Oug wt t �'�Unit Remove and replace vinyl siding, standard grade :2508 f 1 SF Replace building paper, Tyvek house wrap 3'XI00'rolls or 9'XI00'rolls —+ t,�08 a SF Exterior wall -2 Height 8.00 FF, Width 27.00Fr, Qty of Walls 1 20.0 SQ Replace drip edge, standard 226 -tn Item # 36: Roof - Complete Replacement t.�v 1 Work to be completeda Rectangular slope -1 Length 42.001717, Width 17.5OFT, Qty of Slopes 2 13 r Rectangular slope -2 Length 21.5OFT, Width 12.42F17, Qty of Slopes 2 �? 4 Work to be completed Ouantity Unit Remove and replace asphalt shingles, laminated, standard grade 20.0 SQ Replace drip edge, standard 226 LF Replace ice and water shield, standard 756 SF Replace roofing felt, 30 -pound or approved equivalent 13 SQ Replace pipe jack, standard 3 EA Replace roof vent, turtle 3 EA Single LbJU Wlttspenng Prattle Ave (Base Ifta items 3% & Jlf) Fami Item # 37: Siding - Replace South and east sides; repair other sides ry Exterior wall -1 Height 8.00 FF, Width 63.501717, Qty of Walls 1 Work to be completed Ouantity Unit Exterior wall -2 Height 8.00 FF, Width 27.00Fr, Qty of Walls 1 20.0 SQ Replace drip edge, standard 226 -tn N t.�v 1 Work to be completeda Replace roofing felt, 30 -pound or approved equivalent 13 r Remove and replace vinyl siding, standard grade �? 4 J=PF .' Replace building paper, Tyvek house wrap 3'x100' rolls or 9'XI00'rolls EA �' 4 SF EA Item # 38: Roof - Complete Replacement Rectangular slope -1 Length 42.00F17, Width 17.501717, Qty of Slopes 2 Rectangular slope -2 Length 21.5OFT, Width 12.42FT, Qty of Slopes 2 Work to be completed Ouantity Unit Remove and replace asphalt shingles, laminated, standard grade 20.0 SQ Replace drip edge, standard 226 LF Replace ice and water shield, standard 756 SF Replace roofing felt, 30 -pound or approved equivalent 13 SQ Replace pipe jack, standard 3 EA Replace roof vent, turtle 3 EA Replace ridge vent, shingle over, 4'vent 16 EA 01010-11 SECTION 01025 MEASUREMENT AND PAYMENT PART 1- GENERAL 1.01 SUMMARY: A. Procedures and submittal requirements for schedule of values, applications for payment, and unit prices. 1.02 STANDARD OF MEASUREMENTS: A. Work completed under the contract shall be measured by the Engineer. Payment will be based on the actual quantity of work performed according to the various classes of work specified unless noted in Part 3 of this Section. The Contractor will be given an opportunity to be present during measurement. 1.03 SCOPE OF PAYMENT.- A. AYMENT. A. The Contractor shall accept the compensation as herein provided as full payment for furnishing materials, labor, tools and equipment and for performing work under the contract; also, for costs arising from the action of the elements, or from any unforeseen difficulties w0j9h may be encountered during the execution of the work and up to the time of acceptance. m B. Construction items may be bid as a lump sum or as itemized work, which vtil_}�te l on a Pt cost basis. in either case, some work may be required for which a separatepaytitem t provided. Completion of this work is required. If a separate pay item is.nvt-pro tR&d foi this work, it is to be considered incidental to the project and no separate payment+ 1 becmade. M o PART 2 -PRODUCTS - 2.01 NONE PART 3 - EXECUTION 3.01 PROCEDURE: A. Payment under this contract shall occur no more than once per month for work completed by the Contractor. Payment is based on an estimate of the total amount and value of work completed minus 5% retainage. It is not the City's policy to pay for materials and equipment stored or furnishings fabricated off site. The 5% retainage will be released 31 days after the project is accepted by the City Council, provided no claims against the project have been filed within 30 days of project acceptance. Chapter 573 of the Code of Iowa will govern the release of retainage and resolution of claims. 01025-1 3.02 BID ITEMS: A. GENERAL The ollowing subsections describe the measurement of and payment for the work to be done un k the items listed in the FORM OF PROPOSAL. �o UJ -aunit or lump sum price stated shall constitute full payment as herein specified for each N f work completed in accordance with the drawings and specifications, including clean up. t 2 C-) LL Q bre Contractor's responsibility to identify the locations of public and private utilities. No onal compensation will be made for any interference or delay caused by the placement oantft relocation of said utilities. No additional compensation will be made for repair costs to fix damage caused by the Contractor or his/her Subcontractors. Work associated with existing items on private and/or public property that are to be protected, removed, relocated, replaced, reinstalled or modified is considered incidental unless it is fisted as an item in the FORM OF PROPOSAL. Existing items damaged or unsuitable for relocation or reinstallation will be replaced with like item and painted, if necessary, at the Contractors expense. All trees and shrubs shall remain and be protected from damage unless specifically noted as "REMOVE" or "CLEAR AND GRUB" on the project plans and as otherwise directed by the Engineer. The prices for those items which may have any impact on existing trees and shrubs shall include compensation for special precautionary measures required to prevent injury or damage to said tree, shrub or root system. The prices for those items which involve grading or excavation shall include compensation for top soil removal and replacement (unless it is listed as an item in the FORM OF PROPOSAL), disposal of surplus excavated material, handling water, installation of all necessary sheeting, bracing and temporary fencing around all open excavations and supply, placement and compaction of specified backfill. The prices for those items which involve surface removal adjacent to buildings or vaults shall include compensation to protect exposed surfaces from water which may leak or seep into vaults and/or basements. All labor, materials and equipment required to bring surfaces to the proper elevation and density including loading, hauling, and disposal of unsuitable material, below grade excavation, borrow and hauling, placing, forming, drying, watering and compaction of fill material, and all such work as may be required to make the grading work complete with a uniform surface free of rock, broken concrete, tree roots, limbs and other debris is incidental to this project unless it is listed as an item in the FORM OF PROPOSAL. The Contractor must pay for all parking permit fees, meter hoods, lot and ramp fees, and parking tickets. The Contractor must figure these costs into their bid prices. The City will not waive parking fees or fines. Permits paid for by the Contractor will be issued only for construction vehicles, not personal vehicles. The Contractor shall be responsible for continuous cleaning of mud and debris off adjacent driveways, streets, sidewalks and private property, when mud and debris is deposited there as a result of any construction activity. The cost of clean up shall be incidental. 01025-2 B. BID ITEM DESCRIPTIONS 1. 2363-2401 Whispering Meadow Dr., Siding - Replace All Sides This item shall be paid as a lump sum for all work required for removing and replacing vinyl siding as specified in the contract documents or as directed by the engineer. Included in this item is removal and replacement of aluminum facia, window screens, house wrap; disposal of removed materials; and all labor, equipment, and materials, required to complete this work. This item also includes all work for preparing and restoring the Site including all work required for phasing. 2. 2363-2401 Whispering Meadow Dr., Roof - Complete Replacement This item shall be paid as a lump sum for all work required for removing and replacing asphalt shingles as specified in the contract documents or as directed by the engineer. Included in this item is removal and replacement of drip edge, ice and water shield, roofing felt, pipe jack, roof vent, ridge vent; disposal of removed materials; and all labor, equipment, and materials required to complete this work. This item also includes all work for preparing and restoring the site including all work required for phasing. 3. 2452 Whispering Meadow Dr., Siding - Replace West and south sides; repair other sides This item shall be paid as a lump sum for all work required for removing and replacing vinyl siding as specified in the contract documents or as directed by the engineer. Included in this item is removal and replacement of aluminum facia, window screens, house wrap; disposal of removed materials; and all labor, equipment, and materials required to complete this work. This item also includes all work for preparing and restoring the site including all work required for phasing. ' N 4. 2452 Whispering Meadow Dr., Roof - Complete Replacement —' 0 This item shall be paid as a lump sum for all work required for remkMg ai@ replacit asphalt shingles as specified in the contract documents or as directud-by the eng� Included in this item is removal and replacement of drip edge, iced meter sdield, roofing felt, pipe jack, roof vert, ridge vent; disposal of removed in - �ajs; 4td all , equipment, and materials required to complete this work. This item alseinclu-&s all for preparing and restoring the site including all work required for phasm'g 5. 2611 Whispering Meadow Dr., Siding - Replace West side; repair other sides This item shall be paid as a lump sum for all work required for removing and replacing vinyl siding as specified in the contract documents or as directed by the engineer. Included in this item is removal and replacement of aluminum facia, window screens, house wrap; disposal of removed materials; and all labor, equipment, and materials required to complete this work. This item also includes all work for preparing and restoring the site including all work required for phasing. 6. 2611 Whispering Meadow Dr., Roof - Complete Replacement ' This item shall be paid as a lump sum for all work required for removing and replacing asphalt shingles as specified in the contract documents or as directed by the engineer. Included in this item is removal and replacement of drip edge, ice and water shield, roofing felt, pipe jack, roof vent, ridge vent; disposal of removed materials; and all labor, equipment, and materials required to complete this work. This item also includes all work for preparing and restoring the site including all work required for phasing. 01025-3 2548 Indigo Dr., Siding - Replace North and west sides; repair other sides This item shall be paid as a lump sum for all work required for removing and replacing W% vinyl siding as specified in the contract documents or as directed by the engineer. Included 4n this this item is removal and replacement of aluminum facia, window screens, house wrap; Q ,e-sposal of removed materials; and all labor, equipment, and materials required to W = ocomplete this work. This item also includes all work for preparing and restoring the site "0C J };including all work required for phasing. t N C3t_— Z1:.12548 Indigo Dr., Roof - Complete Replacement LL m �p This item shall be paid as a lump sum for all work required for removing and replacing asphalt shingles as specified in the contract documents or as directed by the engineer. Included in this item is removal and replacement of drip edge, ice and water shield, roofing felt, pipe jack, roof vent, ridge vent; disposal of removed materials; and all labor, equipment, and materials required to complete this work. This item also includes all work for preparing and restoring the site including all work required for phasing. 9. 2622-2630 Indigo Ct., Siding - Replace South and west sides; repair other sides This item shall be paid as a lump sum for all work required for removing and replacing vinyl siding as specified in the contract documents or as directed by the engineer. Included in this item is removal and replacement of aluminum facia, window screens, house wrap; disposal of removed materials; and all labor, equipment, and materials required to complete this work. This item also includes all work for preparing and restoring the site including all work required for phasing. 10. 2622-2630 Indigo Ct., Roof - Complete Replacement This item shall be paid as a lump sum for all work required for removing and replacing asphalt shingles as specified in the contract documents or as directed by the engineer. Included in this item is removal and replacement of drip edge, ice and water shield, roofing felt, pipe jack, roof vent, ridge vent; disposal of removed materials; and all labor, equipment, and materials required to complete this work. This item also includes all work for preparing and restoring the site including all work required for phasing. 11. 2646 Indigo Ct., Siding -Replace South and west sides; repair other sides This item shall be paid as a lump sum for all work required for removing and replacing vinyl siding as specified in the contract documents or as directed by the engineer. Included in this item is removal and replacement of aluminum facia, window screens, house wrap; disposal of removed materials; and all labor, equipment, and materials required to complete this work. This item also includes all work for preparing and restoring the site including all work required for phasing. 12. 2646 Indigo Ct., Roof - Complete Replacement This item shall be paid as a lump sum for all work required for removing and replacing asphalt shingles as specified in the contract documents or as directed by the engineer. Included in this item is removal and replacement of drip edge, ice and water shield, roofing felt, pipe jack, roof vent, ridge vent; disposal of removed materials; and all labor, equipment, and materials required to complete this work. This item also includes all work for preparing and restoring the site including all work required for phasing. 01025-4 13. 2655-2661 Indigo Ct., Siding - Replace South side and garage sides; repair other sides This item shall be paid as a lump sum for all work required for removing and replacing vinyl siding as specified in the contract documents or as directed by the engineer. Included in this item is removal and replacement of aluminum facia, window screens, house wrap; disposal of removed materials; and all labor, equipment, and materials required to complete this work. This item also includes all work for preparing and restoring the site including all work required for phasing. 14. 2655-2661 Indigo Ct., Roof - Complete Replacement This item shall be paid as a lump sum for all work required for removing and replacing asphalt shingles as specified in the contract documents or as directed by (be engineer. Included in this item is removal and replacement of drip edge, ice and water shield, roofing felt, pipe jack, roof vent, ridge vent; disposal of removed materials; and all labor, equipment, and materials required to complete this work. This item also inclddes all work for preparing and restoring the site including all work required for phasing. - , 15. 2631-2637 Indigo Ct., Siding - Replace South side; repair other sides This item shall be paid as a lump sum for all work required for removing and replacing vinyl siding as specified in the contract documents or as directed by the engineer. Included in this item is removal and replacement of aluminum facia, window screens, house wrap; disposal of removed materials; and all labor, equipment, and materials required to complete this work. This item also includes all work for preparing and restoring the site including all work required for phasing. 16. 2631-2637 Indigo Ct., Roof - Complete Replacement This item shall be paid as a lump sum for all work required for removing and replacing asphalt shingles as specified in the contract documents or as directed by the engineer. Included in this item is removal and replacement of drip edge, ice and water shield, roofing felt, pipe jack, roof vent, ridge vent; disposal of removed materials; and all labor, equipment, and materials required to complete this work. This item also includeYWall work for preparing and restoring the site including all work required for phasSiiq a.. 17. 2418 Aster Ave., Roof - Complete Replacement�- -'(7 N j� This item shall be paid as a lump sum for all work required for removiq an�replaeiue asphalt shingles as specified in the contract documents or as direcw.by dwengi Included in this item is removal and replacement of drip edge, ice`a6d water shield!, roofing felt, pipe jack, roof vent, ridge vent; disposal of removed mairials; and all labor, equipment, and materials required to complete this work. This item also includes all work for preparing and restoring the site including all work required for phasing. 18. 2457 Aster Ave., Siding - Complete Replacement This item shall be paid as a lump sum for all work required for removing and replacing vinyl siding as specified in the contract documents or as directed by the engineer. Included in this item is removal and replacement of aluminum facia, window screens, house wrap; disposal of removed materials; and all labor, equipment, and materials required to complete this work. This item also includes all work for preparing and restoring the site including all work required for phasing. 01025-5 19. 2457 Aster Ave., Roof - Complete Replacement This item shall be paid as a lump sum for all work required for removing and replacing asphalt shingles as specified in the contract documents or as directed by the engineer. Included in this item is removal and replacement of drip edge, ice and water shield, roofing felt, pipe jack, roof vent, ridge vent; disposal of removed materials; and all labor, equipment, and materials required to complete this work. This item also includes all work AWLn -ccfor preparing and restoring the site including all work required for phasing. 3 _ r&:P: 2543 Aster Ave., Siding - Replace South and west sides; repair other sides Q W J N CJ)H—This item shall be paid as a lump sum for all work required for removing and replacing �- V vinyl siding as specified in the contract documents or as directed by the engineer. Included ~Qin this item is removal and replacement of aluminum facia, window screens, house wrap; LL o C4pdisposal of removed materials; and all labor, equipment, and materials required to c 'complete this work. This item also includes all work for preparing and restoring the site including all work required for phasing. 21. 2543 Aster Ave., Roof - Complete Replacement This item shall be paid as a lump sum for all work required for removing and replacing asphalt shingles as specified in the contract documents or as directed by the engineer. Included in this item is removal and replacement of drip edge, ice and water shield, roofing felt, pipe jack, roof vent, ridge vent; disposal of removed materials; and all labor, equipment, and materials required to complete this work. This item also includes all work for preparing and restoring the site including all work required for phasing. 22. 2550 Nevada Ave., Siding - Replace East side; repair other sides This item shall be paid as a lump sum for all work required for removing and replacing vinyl siding as specified in the contract documents or as directed by the engineer. Included in this item is removal and replacement of aluminum facia, window screens, house wrap; disposal of removed materials; and all labor, equipment, and materials required to complete this work. This item also includes all work for preparing and restoring the site including all work required for phasing. 23. 2550 Nevada Ave., Roof - Complete Replacement This item shall be paid as a lump sum for all work required for removing and replacing asphalt shingles as specified in the contract documents or as directed by the engineer. Included in this item is removal and replacement of drip edge, ice and water shield, roofing felt, pipe jack, roof vent, ridge vent; disposal of removed materials; and all labor, equipment, and materials required to complete this work. This item also includes all work for preparing and restoring the site including all work required for phasing. 24. 2551 Nevada Ave., Siding - Replace West and south sides; repair other sides This item shall be paid as a lump sum for all work required for removing and replacing vinyl siding as specified in the contract documents or as directed by the engineer. Included in this item is removal and replacement of aluminum facia, window screens, house wrap; disposal of removed materials; and all labor, equipment, and materials required to complete this work. This item also includes all work for preparing and restoring the site including all work required for phasing. 01025-6 25. 2551 Nevada Ave., Roof - Complete Replacement This item shall be paid as a lump sum for all work required for removing and replacing asphalt shingles as specified in the contract documents or as directed by the engineer. Included in this item is removal and replacement of drip edge, ice and water shield, roofing felt, pipe jack, roof vent, ridge vent; disposal of removed materials; and all labor, equipment, and materials required to complete this work. This item also includes all work for preparing and restoring the site including all work required for phasing. , 26. 2351-2357 Whispering Meadow., Siding - Complete Replacement = t•. � This item shall be paid as a lump sum for all work required for removing Ad replacing vinyl siding as specified in the contract documents or as directed by the engineer. Includdd in this item is removal and replacement of aluminum facia, window screens,: house wrap; disposal of removed materials; and all labor, equipment, and materials. required to complete this work. This item also includes all work for preparing and restoring the site including all work required for phasing. 27. 2351-2357 Whispering Meadow., Roof - Complete Replacement This item shall be paid as a lump sum for all work required for removing and replacing asphalt shingles as specified in the contract documents or as directed by the engineer. Included in this item is removal and replacement of drip edge, ice and water shield, roofing felt, pipe jack, roof vent, ridge vent; disposal of removed materials; and all labor, equipment, and materials required to complete this work. This item also includes all work for preparing and restoring the site including all work required for phasing. 28. 2511 Aster Ave., Roof -Complete Replacement This item shall be paid as a lump sum for all work required for removing and replacing asphalt shingles as specified in the contract documents or as directed by the engineer. Included in this item is removal and replacement of drip edge, ice and water shield, roofing felt, pipe jack, roof vent, ridge vent; disposal of removed materials; and all labor, equipment, and materials required to complete this work. This item also includes all work for preparing and restoring the site including all work required for phasing. 29. 2437 Whispering Prairie Ave., Siding - Replace West and north sides; repair other sides This item shall be paid as a lump sum for all work required for removing and replacing vinyl siding as specified in the contract documents or as directed by the engineer. luded in this item is removal and replacement of aluminum facia, window scrp5ns, he* wrap; disposal of removed materials; and all labor, equipment, and matrepred ice, complete this work. This item also includes all work for preparing andPestpritthe siter 1 including all work required for phasing. ? `< r f 1 N - -. r- 30. 2437 Whispering Prairie Ave., Roof - Complete Replacement rri D. This item shall be paid as a lump sum for all work required for remo�ng and replactt� asphalt shingles as specified in the contract documents or as directed by the engineer. Included in this item is removal and replacement of drip edge, ice and water shield, roofing felt, pipe jack, roof vent, ridge vent; disposal of removed materials; and all labor, equipment, and materials required to complete this work. This item also includes all work for preparing and restoring the site including all work required for phasing. 01025-7 31. 2507 Whispering Prairie Ave., Siding - Replace West side; repair other sides This item shall be paid as a lump sum for all work required for removing and replacing vinyl siding as specified in the contract documents or as directed by the engineer. Included in this item is removal and replacement of aluminum facia, window screens, house wrap; disposal of removed materials; and all labor, equipment, and materials required to -<complete this work. This item also includes all work for preparing and restoring the site Q ]C3including all work required for phasing. W a yY J N GTF-2507 Whispering Prairie Ave., Roof -Complete Replacement LL �—aThis item shall be paid as a lump sum for all work required for removing and replacing t;�$asphalt shingles as specified in the contract documents or as directed by the engineer. �+ C�htcluded in this item is removal and replacement of drip edge, ice and water shield, scz�. roofing felt, pipe jack, roof vent, ridge vent; disposal of removed materials; and all labor, equipment, and materials required to complete this work. This item also includes all work for preparing and restoring the site including all work required for phasing. 33. 2622-2630 Whispering Prairie Ave., Siding - Replace West and south sides; repair other sides This item shall be paid as a lump sum for all work required for removing and replacing vinyl siding as specified in the contract documents or as directed by the engineer. Included in this item is removal and replacement of aluminum facia, window screens, house wrap; disposal of removed materials; and all labor, equipment, and materials required to complete this work. This item also includes all work for preparing and restoring the site including all work required for phasing. 34. 2622-2630 Whispering Prairie Ave., Roof - Complete Replacement This item shall be paid as a lump sum for all work required for removing and replacing asphalt shingles as specified in the contract documents or as directed by the engineer. Included in this item is removal and replacement of drip edge, ice and water shield, roofing felt, pipe jack, roof vent, ridge vent; disposal of removed materials; and all labor, equipment, and materials required to complete this work. This item also includes all work for preparing and restoring the site including all work required for phasing. 35. 2640 Whispering Prairie Ave., Siding - Replace South side; repair other sides This item shall be paid as a lump stun for all work required for removing and replacing vinyl siding as specified in the contract documents or as directed by the engineer. Included in this item is removal and replacement of aluminum facia, window screens, house wrap; disposal of removed materials; and all labor, equipment, and materials required to complete this work. This item also includes all work for preparing and restoring the site including all work required for phasing. 36. 2640 Whispering Prairie Ave., Roof - Complete Replacement This item shall be paid as a lump sum for all work required for removing and replacing asphalt shingles as specified in the contract documents or as directed by the engineer. Included in this item is removal and replacement of drip edge, ice and water shield, roofing felt, pipe jack, roof vent, ridge vent; disposal of removed materials; and all labor, equipment, and materials required to complete this work. This item also includes all work for preparing and restoring the site including all work required for phasing. 01025-8 37. 2650 Whispering Prairie Ave., Siding - Replace South and east sides; repair other sides This item shall be paid as a lump sum for all work required for removing and replacing vinyl siding as specified in the contract documents or as directed by the engineer. Included in this item is removal and replacement of aluminum facia, window screens, house wrap; disposal of removed materials; and all labor, equipment, and materials 'required to complete this work. This item also includes all work for preparing and restoring the site including all work required for phasing. 38. 2650 Whispering Prairie Ave., Roof - Complete Replacement This item shall be paid as a lump sum for all work required for removing And replacing asphalt shingles as specified in the contract documents or as directed by the engineer. Included in this item is removal and replacement of drip edge, ice and water shield, roofing felt, pipe jack, roof vent, ridge vent; disposal of removed materials; and all labor, equipment, and materials required to complete this work. This item also includes all work for preparing and restoring the site including all work required for phasing. 01025-9 � m — trrl Mop M 01025-9 SECTION 01310 PROGRESS AND SCHEDULES PART1-GENERAL 1.01 SUMMARY: A. Prepare, submit and update as necessary a schedule of the work. Time is of the essence. Minimizing inconvenience, disruption and duration of disruption to residences and businesses is a high priority. Scheduling of work shall be planned with this in mind. 1.02 SUBMITTALS: A. The Contractor shall submit prior to the Pre -Construction meeting a detailed schedule of the proposed work with the controlling operation identified. The schedule shall include proposed dates and durations of street closings. Work may not begin until the schedule is approved by the Engineer. �., B. The Contractor shall submit updated construction schedules at two week iruerval%cV;P oughout the project. PART 2 -PRODUCTS None. 'tom a M_ X _ Q PART 3 - EXECUTION 3.01 MEETINGS PRIOR TO CONSTRUCTION: A. A Pre -Construction meeting will be held prior to beginning work. 3.02 PROGRESS OF WORK A. The specified start date is March 1, 2018 and the specified completion date is May 31, 2018. Liquidated damages of $300.00 per day will be charged for all work beyond the specified completion date. B. No work shall be done between the hours of 10:00 p.m. and 7:00 a.m. without the approval of the Engineer, with the exception of saw cutting freshly poured concrete. C. Work will proceed in a well organized and continuous manner to minimize the disruption to the general public (both pedestrian and vehicular) and the local businesses and residents. Access to businesses and residences shall be maintained at all times. D. Construction will proceed in phases. The particular phasing sequence is outlined in the project plans. Prior to advancing to the next phase or sub -phase, the existing phase or sub -phase shall be sufficiently complete to allow reopening to the public, as determined by the Engineer. 01310-1 E. Restoration activities such as pavement replacement will follow closely behind the work even if multiple mobilizations are necessary. C. The Railroads have certain time limitations on when the above mentioned work must take place. It shall be the Contractor's responsibility to coordinate and be available to meet the Railroads' schedule. Any costs associated with train rerouting due to circumstances caused by the Contractor shall be at the expense of the Contractor. 3.04 STREET CLOSINGS: A. Notify the Engineer four days in advance of street closings so that a press release can be issued. No street may be closed without the Engineer's approval and said notification. 01310-2 F. The Contractor will become an active partner with the City in communicating with and pr*ding information to concerned residents and businesses. Gs a will be staged to minimize the length of time parking spaces and parking revenue are lost. W _J}' 3.031 C0WR1�lON WITH UTILITIES AND RAILROADS. (L AA aj anticipated that many utility conflicts will occur which cannot be taken care of ahead of m tiram The Contractor shall work closely with the utility companies to aid in these relocations to keep the project on schedule. B. The Railroads will provide all labor, materials and equipment for railroad facility removal, excavation, disposal, sub -drainage, ballast, sub -ballast and trackage renewal. C. The Railroads have certain time limitations on when the above mentioned work must take place. It shall be the Contractor's responsibility to coordinate and be available to meet the Railroads' schedule. Any costs associated with train rerouting due to circumstances caused by the Contractor shall be at the expense of the Contractor. 3.04 STREET CLOSINGS: A. Notify the Engineer four days in advance of street closings so that a press release can be issued. No street may be closed without the Engineer's approval and said notification. 01310-2 SECTION 01570 TRAFFIC CONTROL AND CONSTRUCTION FACII.ITIES PART 1- GENERAL 1.01 SUMMARY. A. Furnish, install and maintain traffic control and construction facilities required for the work. Remove when work is completed. 1.02 REFERENCES: A. IDOT Standard Specifications. B. U.S. Department of Transportation Federal Highway Administration "Manual on Uniform Traffic Control Devices for Streets and Highways," 1988 Edition, as revised. C. Traffic Control Notes on project plans. 1.03 SUBMITTALS: A. Submit a traffic control plan for all activities requiring traffic control not specifically addressed by the project plans. PART2-PRODUCTS CZ 2.01 MATERIALS: b A. Traffic control devices may he new or used, but must meet the requires ytthe T1W Standard Specifications. B. All construction fence shall be new and securely fastened to approved 0= and=nstat s directed by the Engineer. 2.02 EQUIPMENT: A. Portable generators may not be used to power traffic control devices within 300 feet of residential dwellings, including apartments, between the hours of 10:00 p.m. and 7:00 a.m. PART 3 - EXECUTION 3.01 TECHNIQUES: A. Except as amended in this document, the work in this section will conform with the following divisions and sections of the IDOT Standard Specifications: Division 11. General Requirements and Covenants. Section 1107.09. Barricades and Warning Signs. 01570-1 Division 25. Miscellaneous Construction. Section 2528. Traffic Control. at 3.02 N✓WARK[kiG SIGNS: Q A= x3 City will famish 'NO PARKING" signs to facilitate removal of parked vehicles ahead of iiJ Q ,SYheduled work. The Contractor is responsible for installation and maintenance of the signs 48 J cm 41M in advance of when the vehicles must be removed. 3618 A*N CE OF FACILITIES: t..• m O AN The Contractor shall monitor the condition of traffic control and construction facilities at all times, including non -work hours. Repair, replace and maintain as necessary. B. Pedestrian access to homes and businesses shall be maintained at all times. Temporary gravel surfaces shall be provided as directed by the Engineer. 3.04 EXCAVATIONS: A. All excavations shall he fenced. 3.05 ADDITIONAL FACILITIES. A. All signs, barricades and fences within and beyond the project area deemed appropriate by the Engineer shall be the responsibility of the Contractor. I 01570-2 SECTION 02000 ROOFING PART 1- GENERAL 1.01 SUMMARY. A. Furnish and install roofing and appurtenances as directed by the contractd_ocuments or by the engineer. 1.02 SUBMITTALS: A. Submit a materials list for approval. PART 2-PODUCTS 2.01 MATERIALS: A. Roof shingles shall be asphalt, laminated (Architectural), standard grade (250 to 300 lb), self- sealing, and carry National Underwriters Class C label. B. Saturated felts to be 30 lb. asphalt saturated felt for roof surface. C. Modified membrane roofing shall be installed in strict conformance with the manufacturer's instructions. It may be installed with a cold process method, or a heat welded method, at the discretion of the roofer in consultation with the engineer. D. Plywood Roof Sheathing: %z", APA Grade, CDX exterior plywood or Oriented Strand Board (OSB). o` m E. Flashing: Flashing shall be 26 gauge painted valley tin or aluminum. CjjQr fkhing opj weathering with siding or shingles required. F. Roof Sheathing Board: To be #2 common or better pine with no loose knotsbriqprc%Sd eqt •� G. Nails: Galvanized roofing nails shall be 11 or 12 gauge barbed shank galvatiiiedbr a4RmnuiP_J cj t H. Plastic Cement: Plastic roof cement (for edge, seal before nailing flashing). I. All roofing materials must be new and fulfill the requirements of the International Uniform Building Code. J. Pneumatically driven staples shall be 16 gauge zinc -coated staples with nominal crown. K. Roof shingles shall carry an Underwriter's Laboratory Label for conformance to fire resistance standards, and shall conform to the standards of the Asphalt Roofing Manufacturer's Association. PART 3 - EXECUTION 3.01 GENERAL: A.N Safety conditions shall be maintained at all times, and the contractor shall use all precautions ne§sary, such as suitable guard rails, barriers, and warning lights necessary to provide Q Kqgsary protection for the owner, the public, and inspectors visiting the site. W sY W J B.N¢s control shall be maintained at all times, and the Contractor shall provide all necessary 1 *Gcloths, dust screens, chutes and water sprays necessary to maintain and limit dust to the �^ z ►tput(st possible levels practical. Roofing membranes, shingles and other roofing debris shall be • Cpented from falling or being blown onto adjacent and neighboring properties. All debris s be removed each day from the streets, adjoining walks and properties. 0 C. Debris shall be removed from the site in an approved carrier to legal disposal sites in accordance with local ordinances and applicable environmental regulations. D. Adjacent properties and Owner's property shall be protected from damage at all times. All shrubbery and trees in working areas shall be protected by the use of appropriate barriers and/or guard shields of adequate strength to protect same. Contractor is to restore and correct all damage caused in the performance of his work using materials and workmanship matching the quality and type of the damaged area or item. 3.02 ROOF VENT: A. Roof vents shall be aluminum, installed so that the net free ventilating area shall be not less than 1/150 of the area of the space ventilated, except that the area may be 1/300, provided at least 50% of the required ventilating area is provided by ventilators located in the upper portion of the space to be ventilated, at least three feet above eave or cornice vents, with the balance of required ventilation provided by eave or comice vents. B. All vents to be installed with caulking and galvanized nails into prepared openings cut with close tolerance to ensure watertight fit. All work shall comply with all applicable codes. C. Roof vents shall be installed when new roofs are called for in the Bid Document. D. Ridge vent shall be installed according to the manufacturer's instructions and used in conjunction with proper soffit vents. 3.03 ROOF SHEATHING: A. Roof and Wall Sheathing shall be installed with face grain perpendicular to support with adjacent panel joints being staggered and located over support framing. Sheathing shall be installed continuously over a minimum of three (3) spans. Allow minimum space of 1/16" between side joints and 1/8" at end joints of plywood panels for expansion and contraction of panels. Support edge joints by use of ply clips. Nail 6" o.c. along panel edges and 12" o.c. at intermediate supports. Use 7d nails for Vi', and 6d for 3/8" plywood sheathing. 3.04 STRIP ROOF. A. Strip existing roof, removing all shingles and felt. All old nails shall be removed. B. Make repairs to the existing roof rafters where required to provide adequate strength and a true and level surface. C. Remove all warped and deteriorated sheathing and replace with material of an appropriate thickness. D. Fill in all spaces between boards with securely nailed wood strips of the- same thickness as the old deck, OR, if necessary, resheath over existing roof boards with CDX'plywood or OSB, 1/2" minimum. Plywood is to be installed with outer plies at right angle to rafters and staggered so that end joints in adjacent panels break over different supports. E. Sink all protruding nails and renail sheathing securely at all locations. All large cracks, slivers, knot holes, loose knots, pitchy knots and excessively resinous areas are to be covered with 26 gauge sheetmetal securely nailed to sheathing. F. Before shingling, sweep roof thoroughly to remove all debris. G. Remove all roofing materials, debris, etc., from premises and leave in a clean condition. 3.05 ROOF INSTALLATION: A. Examine roof sheathing, cornice and cave edges prior to starting work. Notify the Engineer of any defects, and do not proceed until such have been corrected. When sheathing is bad, call the Engineer for inspections unless otherwise stated in Bid Documents. The term "RE -ROOF" shall include all porches, additions, and structures attached to the main structure (house) unless otherwise stated. Vents shall be installed as stated in Division 511. B. One layer of 30 lb. felt shall be installed over the decking following maygac-turer's instructions. o cc C. Install metal drip edges. D. Nail each shingle in accordance with manufacturef s instructions for nailing -:r-,) ry `i"tM a E. Lacing, metal valleys, or "California" valleys may be used, providedttt�y my5 with applicable codes. F. Form ridges and hips with preformed shingles, 5" exposure and with a minimum "of two (2) nails per shingle or as required by the manufacturer. G. All projections through the roof shall be flashed in an appropriate manner. H. Where necessary due to roof design, an appropriate "saddle" or "cricket" shall be constructed to divert water around the chimney or other roof projection. Materials proper for the roof conditions shall be used, and the Engineer shall be consulted as to design and materials. All roofing material to be installed in accordance with manufacturers instructions to insure coverage by manufacturers warranty as well as an aesthetically correct manner. The shingles shall line up both vertically and horizontally with no waving or irregularity in the courses. 3.06WARRANTY. 4 Shingles shall have a minimum 20 -year warranty. SECTION 03000 SIDING PART 1- GENERAL ; 1.01 SUMMARY. A. Furnish, install, and repair siding and appurtenances as directed by the contract documents or by the engineer. 1.02 SUBMITTALS: A. Submit a materials list for approval. 1.03 TERMS: A. Repair shall mean to realign and resecure existing siding to provide a weather tight and secure surface that matches adjacent surfaces. All replacement materials shall match existing as closely as possible, and shall be installed according to manufacturers directions and all applicable codes. Where needed or as directed by the engineer, existing siding in good condition on exterior walls called for complete replacement shall be used to repair damaged sections on exterior walls labeled for repair. B. Replacement shall mean complete removal of siding to existing end joints of all damaged siding, and the installation of new matching materials. All replacement materials shall match existing as closely as possible, and shall be installed according to manufacturer's ditions and all applicable codes. C. Repair and replacement work shall be installed in such a manner as to aWfi exitting work. Alternate methods of construction requires written authorization frgl!@e en�ineerrior to execution. rn a PART 2 - PODUCTS 2.01 MATERIALS: y A. All siding shall be delivered to the job site in the manufacturer's unopened bundles with all labels intact. (Vinyl siding shall be labeled "Conforms to U.B.C. Standard 14 2"). Materials shall be stored and handled in such a manner as to prevent water damage, staining, or any other damage. Contractor shall comply with manufacturers recommendations for storage and handling. B. Manufactured siding shall be installed in strict conformance with the manufacturer's instructions and recommendations. Nails shall be centered in the elongated nailing slots without binding to allow for thermal movement. Trim and accessories shall be installed according to the manufacturer's recommendations. Dissimilar metals shall be isolated. The siding shall be free of bulges, waves, ripples, and warps. C. Soffit panels, ventilated soffit panels, window casings, door casings, comer posts, starter strips, D-11111115 trim, and any other accessories shall be as recommended by the siding manufacturer for the type of house being sided, and shall match the siding type selected. Dui An damaged substrate shall be repaired before installation of manufactured siding. If installed Q ��44v sheathing, a house wrap such as Tyvek or approved equal shall be properly installed. Z illation shall include the manufacturer's recommended insulating backer board. W `Y W� Fits C.Alails used to fasten manufactured siding shall have a minimum head diameter of 3/8" and a I >ySiffimum shank diameter of 0.120". Nails shall be noncorrosive aluminum, or as recommended c e manufacturer, and shall be of a sufficient length to penetrate the substrate by a minimum C= c 1 ". Where siding is installed horizontally the nail spacing shall not exceed 16" horizontally N and 12" vertically. Where installed vertically the nail spacing shall not exceed 12" horizontally and 12' vertically. New siding shall be fastened according to the manufacturers recommendations. F. Fasteners used to install accessories, or fasteners that will be exposed shall be prefinished to a color to match that of the item being fastened. The fasteners shall not be of a dissimilar metal from that of the item being fastened. G. A written guarantee shall be provided to the owner by the siding contractor. The guarantee shall cover defects in workmanship for a period of not less than one year, and shall include the manufacturer's warranty on materials for a minimum of twenty years. H. Vinyl siding and accessories shall conform to U.B.C. Standard 14 2. It shall be manufactured by extrusion of a polyvinyl chloride homopolymer resin. It shall conform to table 14 A and 14 B of the U.B.C. and comply with ASTI D3679. The texture, exposure, and color shall be chosen by the owner. New fascia shall be aluminum, 6" to 12" wide. PART 3 - EXECUTION 3.01 GENERAL: A. Safety conditions shall be maintained at all times, and the contractor shall use all precautions necessary, such as suitable guard rails, barriers, and warning lights necessary to provide necessary protection for the owner, the public, and inspectors visiting the site. B. Debris control shall be maintained at all times, and the Contractor shall provide all necessary drop cloths, dust screens, chutes and water sprays necessary to maintain and limit dust to the lowest possible levels practical. All debris shall be removed each day from the streets, adjoining walks and properties. C. Debris shall be removed from the site in an approved carrier to legal disposal sites in accordance with local ordinances and applicable environmental regulations. D. Adjacent properties and Owner's property shall be protected from damage at all times. All shrubbery and trees in working areas shall be protected by the use of appropriate barriers and/or guard shields of adequate strength to protect same. Contractor is to restore and correct all damage caused in the performance of his work using materials and workmanship matching the quality and type of the damaged area or item. 3.02 REPAIR OF EXISTING SIDING: A. Remove all damaged or unsound material as designated in the Bid Document. B. Replace all damaged or missing siding and associated flashing. New siding shall match with coursing of existing and shall be located with end joints on framing member.; Securely nail with a minimum of two nails for every member. 3.03 INSTALLATION OF NEW SIDING: A. Install all new prefinished manufactured siding on entire structure. Main stmcture and open air porch shall be included. Owner to select color and texture. B. Install prefinished material over all fascia and soffits. Color selected by owner. Fir out fascia to be plumb. C. Remove all combination windows and cover all window trim with prefinished material a. All door trim included. b. All nails shall be installed under window channel and to blind stop, exposed nails shall be kept to a minimum. C. Siding and trim shall be installed with no hazards and shall be free of all surface defects. D. Cover all window sills with pre -finished material. a. New metal sills shall extend 1/4 inch under interior stool. b. New sills shall protrude V2 inch up on casing. C. 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'"vlr ,708 2161 tn. inbmalen cnabe0 0 162.5 325 650 6 �.w;mbb0ee°vm°v„o IT1 aa.bq n.a�n onaae. Feet w - t ca 6,a naer6 br.rNn IXemlHbtla. 1 inch=2931ee1 6 va.n nM omu.a FbaPalbn tle ie al Mnr wnna4 FORM OF PROPOSAL CITY OF IOWA CITY IOWA CITY PUBLIC HOUSING ROOFING AND SIDING REPLACEMENT PROJECT BIDDERS PLEASE NOTE: 1. PLEASE DO NOT USE THE FORM OF PROPOSAL INCLUDED IN THE BOUND VOLUME OF THE PROJECT MANUAL. SEPARATE COPIES OF THIS PROPOSAL ARE CONTAINED WITHIN THE BACK COVER OF THIS DOCUMENT. Name of Bidder: Address of Bidder: BIDS RECEIVED BEFORE: 3:00 PM local time on February 13, 2018 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 IOWA CITY PUBLIC HOUSING ROOFING AND SIDING REPLACEMENT PROJECT in strict accordance with the Project Manual and the Drawings dated January 16, 2018, including Addenda numbered and , inclusive, prepared by the City of Iowa City and to do all work at the prices set forth herein. We further propose to do all "Extra Work" which may be required to complete the work contemplated, at unit prices or lump sums to be agreed upon in writing prior to starting such work. BASE BID: Dollars ($ Base Bid Itemization included in Table 1 on the next page --,4 � N I" Q 3 r� FP -1 0 O m =C7 L ) Base Bid Itemization included in Table 1 on the next page --,4 � N I" Q 3 r� FP -1 Table 1 — Base Bid Itemization. (Total sum of Base Bid itemizations must be equal to Base Bid amount listed on the Drecedina Daae.) Item Description Unit Quantity Extended Amount 1 2363-2401 Whispering Meadow Dr., Siding - Replace All Sides LS 1 $ _ 2363-2401 Whisnerine Meadow Dr.. Roof - Complete 5 2611 Whispering Meadow Dr., Siding - Replace West LS 1 $ side; repair other sides 6 2611 Whispering Meadow Dr., Roof - Complete Replacement IS 1 $ 7 2548 Indigo Dr., Siding - Replace North and west sides; repair other sides LS I $ 8 2548 Indigo Dr., Roof - Complete Replacement LS 1 $ 9 2622-2630 Indigo Ct., Siding - Replace South and west sides; repair other sides IS 1 $ 10 2622-2630 Indigo Ct., Roof - Complete Replacement LS 1 $ 11 2646 Indigo Ct., Siding - Replace South and west sides; repair other sides LS 1 $ 12 2646 Indigo Ct., Roof - Complete Replacement LS 1 $ 13 2655-2661 Indigo Ct., Siding - Replace South side and garage sides; repair other sides LS 1 $ 14 2655-2661 Indigo Ct., Roof - Complete Replacement LS 1 $ 15 2637-2631 Indigo Ct., Siding - Replace South side; repair other sides LS 1 $ 16 2637-2631 Indigo Ct., Roof - Complete Replacement LS 1 $ 17 2418 Aster Ave., Roof - Complete Replacement LS 1 $ 18 2457 Aster Ave., Siding - Complete Replacement LS 1 $ 19 2457 Aster Ave., Roof - Complete Replacement LS 1 v $ " 20 2543 Aster Ave., Siding - Replace South and westLS sides; repair other sides o m •c h1 s $ 21 2543 Aster Ave., Roof - Complete Replacement LS 22 2550 Nevada Ave., Siding - Replace East side; repair other sides LS �� 1 rri 3 $M23 2550 Nevada Ave., Roof - Complete Replacement IS 1 24 2551 Nevada Ave., Siding - Replace West and south sides; repair other sides LS c I - $ 25 2551 Nevada Ave., Roof - Complete Replacement IS 1 $ 26 2351-2357 Whispering Meadow Dr., Siding - Complete Replacement IS 1 $ 27 2351-2357 Whispering Meadow Dr., Roof - Complete Replacement LS 1 $ FP -2 9 Table 1 — Continued. 28 2511 Aster Ave., Roof - Complete Replacement IS 1 $ 29 2437 Whispering Prairie Ave., Siding - Replace West LS 1 $ and north sides; repair other sides 2437 Whispering Prairie Ave., Roof - Complete 33 2622-2630 Whispering Prairie Ave., Siding - Replace IS 1 $ West and south sides; repair other sides 34 2622-2630 Whispering Prairie Ave., Roof - Complete IS 1 $ Replacement 35 2640 Whispering Prairie Ave., Siding - Replace South IS 1 $ side; repair other sides 36 2640 Whispering Prairie Ave., Roof - Complete LS 1 $ Replacement 37 2650 Whispering Prairie Ave., Siding - Replace South 1S 1 $ and east sides; repair other sides 38 2650 Whispering Prairie Ave., Roof - Complete 1S 1 $ Replacement Total Base Bid $ The 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 will be submitted within 24 hours of bid opening by the apparent lowest responsive, responsible bidder. NOTE: All subcontractors are subject to approval by City. The undersigned bidder certifies that this proposal is made in good faith, and withotgcollusion or connection with any other person or persons bidding on the work. m g The undersigned bidder states that this proposal is made in conformity with the'. obtra Docents and agrees that, in the event of any discrepancies or differences between nions lof this proposal and the Contract Documents prepared by the City of Iowa City, thslt re „apecif�' 1tall prevail.ID 3 In submitting this Proposal, the undersigned agrees that the Bid will not be withdrawn fora 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 Final Completion of May 31, 2018. FP -3 V-dd :loeluoo :euoyd :SsajoDH ---14 r"w:^a ainleubig 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 for Project. NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified, and the Principal shall then furnish a 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 go Surety By _ Attach Power -of -Attorney (Attorney-in-fact) 0 N (SOT Principal By c rs 3 ( }Ul 77 (Seal) Surety By _ Attach Power -of -Attorney (Attorney-in-fact) 3idder Status Form To be completed by all bidders Part A Please answer "Yes" or "No" for each of the following: ❑ Yes ❑ No My company is authorized to transact business in Iowa. (To help you determine if your company is authorized, please review the worksheet on the next page). ❑ Yes ❑ No My company has an office to transact business in Iowa. ❑ Yes ❑ No My company's office in Iowa is suitable for more than receiving mail, telephone calls, and e-mail. ❑ Yes ❑ No My company has been conducting business in Iowa for at least 3 years prior to the first request for bids on this project. ❑ Yes ❑ No My company is not a subsidiary of another business entity or my company is a subsidiary of another business entity that would qualify as a resident bidder in Iowa. If you answered "Yes" for each question above, your company qualifies as a resident bidder. Please complete Parts B and D of this form. If you answered "No" to one or more questions above, your company is a nonresident bidder. Please complete Parts C and D of this form. To be completed by resident bidders Part B My company has maintained offices in Iowa during the past 3 years at the following addresses: Dates: / / to / / Address: City, State, Zip: Dates: / / to / / Address: City, State, Zip: Dates: / / to / / Address: You may attach additional sheet(s) if needed. City, State, Zip: To be completed by non-resident bidders Part C 1. Name of home state or foreign country reported to the Iowa Secretary of State: 2. Does your company's home state or foreign country offer preferences to bidders who are residents? ❑ Yes ❑ No 3. If you answered "Yes" to question 2, identity each preference offered by your company's home state or foreign country and the appropriate legal citation. N O a to p-- You may attacddltlt�nal sAeet(s) if needed. a To be completed by all bidders Part D I certify that the statements made on this document are true and complete to the best of my kno'Wledge f_ id I know that my failure to provide accurate and truthful information may be a reason to reject my bid. Firm Name: Signature: Date: You must submit the completed form to the governmental body requesting bids per 875 Iowa Administrative Code Chapter 156. This form has been approved by the Iowa Labor Commissioner. BSF-1 Worksheet: Authorization to Transact Business This worksheet may be used to help complete Part A of the Resident Bidder Status form. If at least one of the following describes your business, you are authorized to transact business in Iowa. ❑ Yes ❑ No My business is currently registered as a contractor with the Iowa Division of Labor. ❑ Yes ❑ No My business is a sole proprietorship and I am an Iowa resident for Iowa income tax purposes. ❑ Yes ❑ No My business is a general partnership or joint venture. More than 50 percent of the general partners or joint venture parties are residents of Iowa for Iowa income tax purposes. ❑ Yes ❑ No My business is an active corporation with the Iowa Secretary of State and has paid all fees required by the Secretary of State, has filed its most recent biennial report, and has not filed articles of dissolution. ❑ Yes ❑ No My business is a corporation whose articles of incorporation are filed in a state other than Iowa, the corporation has received a certificate of authority from the Iowa secretary of state, has filed its most recent biennial report with the secretary of state, and has neither received a certificate of withdrawal from the secretary of state nor had its authority revoked. ❑ Yes ❑ No My business is a limited liability partnership which has filed a statement of qualification in this state and the statement has not been canceled. ❑ Yes ❑ No My business is a limited liability partnership which has filed a statement of qualification in a state other than Iowa, has filed a statement of foreign qualification in Iowa and a statement of cancellation has not been filed. ❑ Yes ❑ No My business is a limited partnership or limited liability limited partnership which has filed a certificate of limited partnership in this state, and has not filed a statement of termination. ❑ Yes ❑ No My business is a limited partnership or a limited liability limited partnership whose certificate of limited partnership is filed in a state other than Iowa, the limited partnership or limited liability limited partnership has received notification from the Iowa secretary of state that the application for certificate of authority has been approved and no notice of cancellation has been filed by the limited partnership or the limited liability limited partnership. ❑ Yes ❑ No My business is a limited liability company whose certificate of organization is filed in Iowa and has not filed a statement of termination. ❑ Yes ❑ No My business is a limited liability company whose certificate of organization is filed in a state other than Iowa, has received a certificate of authority to transact business in lowavd the certificate has not been revoked or canceled. o <M ^rn A BSF-2 Prepared by: Brett Zimmerman, Public Works, 410 E. Washington St., Iowa City, IA 52240,(319)356-5044 Resolution No. 18-9 Resolution setting a public hearing on January 16, 2018 on plans, specifications, form of contract, and estimate of cost for the construction of the Iowa City Public Housing Roofing and Siding 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. Whereas, funds for this project are available in account # Q0001. Now, therefore, be it resolved by the Council of The City of Iowa City, Iowa, that: 1. 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 16th day of January, 2018, 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. 2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. A copy of the 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 2nd day of January 2018 Maygr Approved by Attesk� �� 2�F TJ ,Jdi�c ��r»rild?o.� Ity Clerk City Attorney's Office /.X It was moved by aotchway and seconded by 'Taylor the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Botchway Cole MIMS SALIH Taylor Thomas Throgmorton 41 P®rbedia PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK CITY OF IOWA CITY ICPD 410 E WASHINGTON ST IOWA CITY IA 522401825 AFFIDAVIT OF PUBLICATION State of Wisconsin County of Brown, ss.: The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of Iowa City Press Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed and published in Iowa City Press Citizen on the following dates: Ad No. Start Date: Run Dates: Cost: 0002640208 1/8/18 01/08/18 $33.05 Copy of Advertisement Exhibit "A" sworn to 8th day of January. 2018 me by said affiant this (YUU CI -N-21 Nota Public is hereby given to iuncil of the City of a, will conduct a i on plans, form on contract cost for the f the Iowa City RoofinE and Siding p.m. on ine tom uay of 2018, said meeting to be the Emma J. Harvat Hall fall in said City, or if said is cancelled, at the next of the City Council r as posted by the City Said plans, specifications, form of contract and the estimated cost are now on file in the office of the cit clerk in City Hall iin Iowa City, Iowa, and may be inspected by any interested persons. Any interested person 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 Ttven by order of the City -Council 03 the "City of Iowa City' Iowa and as provided by law. KLLLIE FRMHLING, CITY Prepared by: Brett Zimmerman, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 Resolution No. 18-23 Resolution approving plans, specifications, form of agreement, and estimate of cost for the construction of the Iowa City Public Housing Roofing and Siding Replacement Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Whereas, notice of public hearing on the 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; and Whereas, the City Engineer or designee intends to post notice of the project on the website owned and maintained by the City of Iowa City; and Whereas, funds for this project are available in the account # Q0001. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. 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 post notice as required in Section 26.3, not less than 13 days and not more than 45 days before the date of the bid letting, which may be satisfied by timely posting notice on the Construction Update Network, operated by the Master Builder of Iowa, and the Iowa League of Cities website. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 3:00 p.m. on the 13th day of February, 2018. 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 20th day of February, 2018, or at a special meeting called for that purpose. Passed and approved this 16th day of January _'2018. M or AT roved by Attest Ci Clerk +CiA"ttomey'sA04f0cey', 9 ly Resolution No. 18-23 Page 2 It was moved by Botchway and seconded by Taylor.. the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Botchway x Cole x Mims x Salih x Taylor x Thomas x Throgmorton 4'reAlfl IOWA QfCIIT ES CERTIFICATE The Iowa League of Cities an entity organized under the laws of Iowa as an instrumentality of its member cities, with its principal place of business in Des Moines, Polk County, Iowa, does hereby certify that I am now and was at the time hereinafter mentioned, the duly qualified and acting Executive Director of the Iowa League of Cities, and that as such Executive Director of the League and by full authority from the Executive Board, I have caused a NOTICE TO BIDDERS Notice to Bidders - Iowa City Public Housing Roofing and Siding Replacement Project Classified ID: 107260 A printed copy of which is attached and made part of this certificate, provided on 01/17/2018 to be posted on the Iowa League of Cities' internet site on the following date: January 17 , 2018 I certify under penalty of perjury and pursuant to the laws of the State of Iowa that the preceding is true and correct. 1/17/2018 Oj�� W.WLJ,,� Alan Kemp, Executive Director NOTICE TO BIDDERS IOWA CITY PUBLIC HOUSING ROOFING AND SIDING REPLACEMENT PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 3:00 P.M. on the 131 day of February, 2018. Sealed proposals will be opened immediately thereafter. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 20'^ day of February, 2018, or at a special meeting called for that purpose. There is a recommended pre-bid meeting. This will start at 10 A.M. local time on Thursday, February 1, 2018 in the Engineering Conference Room located at 410 East Washington Street, Iowa City, Iowa. The Project will involve the following: This project includes removal and replacement of damaged siding and roofing on Iowa City Public Housing properties located on Aster Avenue, Indigo Court, Whispering Prairie Avenue, and Whispering Meadow Drive in Iowa City, IA. The project scope is limited to a total of 20 properties that are a combination of single family homes and duplexes. An estimated total area of 14650 SF of vinyl siding and 512 squares of asphalt shingle roofing shall be removed and replaced. Included with this work is installation of facia, window screens, house wrap, drip edge, ice and water shield, roofing felt, pipe jack, roof vent, ridge vent, and all work necessary to install these items. All work is to be done in strict compliance with the plans and specifications prepared by the City of Iowa City, 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 submitted in a sealed envelope. In addition, a separate sealed envelope shall be submitted containing a completed Bidder Status Form and 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 of the City Council's award of the contract 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. The City shall retain the bid security furnished by the successful bidder until the approved contract form has been executed, a bond has been filed by the bidder guaranteeing the performance of the contract, and the contract and bond have been approved by the City. The City shall promptly return the checks or bidder's bonds of unsuccessful bidders to the bidders as soon as the successful bidder is determined or within thirty days, whichever is sooner. The successful bidder will be required to furnish a 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, 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 completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Start Date: March 1, 2018 Specified Completion Date: May 31, 2018 Liquidated Damages: $300.00 per day 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, a division of Rapids Reproductions located at 415 Highland Ave, Suite 100, Iowa City, Iowa 52240, Phone: 319-354-5950, Fax: 319-354-8973, Toll -Free: 800-779-0093, by bona fide bidders. A $15.00 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, by bona fide bidders. The deposit will be refunded to plan holders who return the bidding documents in good condition within 15 days after receipt of bids. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Inspections and Appeals at (515) 281-5796 and the Iowa Department of Transportation Contracts Office at (515) 239-1422. Bidders shall list on the 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. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Posted upon order of the City Council of Iowa City, Iowa. KELLIE FRUEHLING, CITY CLERK Julie Voparil From: Carla Long <CLong@mbionline.com> Sent: Thursday, January 18, 2018 4:38 PM To: Julie Voparil Subject: Certificate for Notice to Bidders Attachments: 1.18.18 Noticet To Bidder.pdf Certificate The undersigned, being first duly sworn on oath, states that The Construction Update Plan Room Network ("CU Network") is a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Des Moines, Polk County, Iowa. The undersigned also states that he is now and was at the time hereinafter mentioned, the duly qualified and acting President / CEO of the CU Network, and that as such President / CEO of the CU Network and by full authority from the Executive Board, he caused a NOTICE TO BIDDERS Iowa City Public Housing Roofing And Siding Replacement Project A printed copy of which is attached and made part of this certificate, to be posted in the Construction Update Network Plan Room, a relevant contractor plan room service with statewide circulation and a relevant contractor lead generating service with statewide circulation, on the following date(s): January 18, 2018 I certify under penalty of perjury and pursuant to the laws of the State of Iowa that the preceding is true and correct. January 18, 2018 Date President/CEO of The Construction Update Plan Room Network Carla Long — Project Information Specialist Construction Update powered by ConstructConnect 221 Park St — PO Box 695 — Des Moines — Iowa — 50306 (D) 515.657.4400 (0) 515.288.8904 (E) Clong(a)MBlonline.com (VA www.MBIonline.com Iowa's hru and only carywen 'w Project Information mnm KLo l b ddaWca(t )dmI IowaBidDate.com gi ®• © `". RECEIVED NOTICE TO BIDDERS JAN 17 2018 IOWA CITY PUBLIC HOUSING ROOFING AND SIDING REPLACEMENT PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 3:00 P.M. on the 13th day of February, 2018. Sealed proposals will be opened immediately thereafter. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 201h day of February, 2018, or at a special meeting called for that purpose. There is a recommended pre-bid meeting. This will start at 10 A.M. local time on Thursday, February 1, 2018 in the Engineering Conference Room located at 410 East Washington Street, Iowa City, Iowa. The Project will involve the following: This project includes removal and replacement of damaged siding and roofing on Iowa City Public Housing properties located on Aster Avenue, Indigo Court, Whispering Prairie Avenue, and Whispering Meadow Drive in Iowa City, IA. The project scope is limited to a total of 20 properties that are a combination of single family homes and duplexes. An estimated total area of 14650 SF of vinyl siding and 512 squares of asphalt shingle roofing shall be removed and replaced. Included with this work is installation of facia, window screens, house wrap, drip edge, ice and water shield, roofing felt, pipe jack, roof vent, ridge vent, and all work necessary to install these items. All work is to be done in strict compliance with the plans and specifications prepared by the City of Iowa City, 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 submitted in a sealed envelope. In addition, a separate sealed envelope shall be submitted containing a Completed Bidder Status Form and 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 of the City Council's award of the contract 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. The City shall retain the bid security furnished by the successful bidder until the approved contract form has been executed, a bond has been filed by the bidder guaranteeing the performance of the contract, and the contract and bond have been approved by the City. The City shall promptly return the checks or bidder's bonds of unsuccessful bidders to the bidders as soon as the successful bidder is determined or within thirty days, whichever is sooner. The successful bidder will be required to furnish a 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, 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 completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Start Date: March 1, 2018 Specified Completion Date: May 31, 2018 Liquidated Damages: $300.00 per day 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, a division of Rapids Reproductions located at 415 Highland Ave, Suite 100, Iowa City, Iowa 52240, Phone: 319-3545950, Fax: 319.354-8973, Toll -Free: 800.779-0093, by bona fide bidders. A 11§R 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, by bona fide bidders. The deposit will be refunded to plan holders who return the bidding documents in good condition within 15 days after receipt of bids. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Inspections and Appeals at (515) 281-5796 and the Iowa Department of Transportation Contracts Office at (515) 239-1422. Bidders shall list on the 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. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Posted upon order of the City Council of Iowa City, Iowa. KELLIE FRUEHLING, CITY CLERK Prepared by: Brett Zimmerman, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)3555044 Resolution no. 18-42 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Iowa City Public Housing Roofing and Siding Replacement Project. Whereas, Pa's Construction, LLC. of Hiawatha, Iowa has submitted the lowest responsible bid of $189,794 for construction of the above-named project; and Whereas, funds for this project are available in account #s Q0001. Whereas, the Housing Administrator and City Manager are authorized to execute change orders according to the City's Purchasing Policy as they may become necessary in the construction of the above-named project. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The contract for the construction of the above-named project for the base bid is hereby awarded to Pa's Construction, LLC. of Hiawatha, Iowa, 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 the contract for construction of the above-named project and the Contractor's Bond, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 20th day of February 12018 MaJ6r Attest e Ci Clerk It was moved by sotchway and seconded by adopted, and upon roll call there were: 7nv7 by� City Attorney's Office Salih the Resolution be AYES: NAYS: ABSENT: X Botchway X Cole X Mims X Salih X Taylor X Thomas X Throgmorton WAGE THEFT AFFIDAVIT �' STATE OF O W 4' ] ss: �s h 11 COUNTY M, ` )h-*4-eCTiipon being duly sworn, state as follows: I am the IM lAyl� r- Sf E r [position] of ?Q S COv�S (f�C 1 O� LLC ["contracting entity'] and have the authority to execute this affidavit on behalf of said contracting entity and any person or entity with an ownership interest in said contracting entity of more than 25%. 2. Neither `is �Ct�S Cr�.c���ti L (contracting entity] nor any person or entity with an ownership interest of more than 25% of said contracting entity has been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repeated or willful violation of the Iowa Wage Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act or any comparable state statute or local ordinance, which governs the payment of wages in the last 5 years. This instrument was acknowledged before me by —�1+ (y S0.w l�Rv S on 20�Q. AMANDA B COBBIN o" Comnotivon Number 790578 _ My Commission Expires io •r June 18, 2018 WT -2 Notary Public in and for the State of (C)C"-20,- E3 C)("-20,- N O _ 0 p aD M :;C-) ern = m gx r v ao SECTION II - ASSURANCE OF COMPLIANCE The following sets forth the minimum requirements of a satisfactory Equal Employment Opportunity Program which will be reviewed for acceptability. PLEASE RETURN PAGES 2 THROUGH 3 OF THIS SECTION TO THE CONTRACTING DEPARTMENT PRIOR TO THE EXECUTION OF THE CONTRACT. With respect to the performance of this contract, the contractor, consultant or vendor agrees as follows: (For the purposes of these minimum requirements, "contractor" shall include consultants and vendors.) The contractor will not discriminate against any employee or applicant for employment and will take affirmative efforts to ensure applicants and employees are treated during employment without regard to their 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. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that it is an equal opportunity employer. Note: Contracts that are federally funded are subject to Executive Order No. 11246, as amended, and the regulations (see generally 29 U.S.C. § 1608 et seq.) and relevant orders of the U.S. Secretary of Labor. The Secretary of Labor, and not the City, enforces said regulations and orders. 3. Provide a copy of your written Equal Employment Opportunity policy statement. Where is this statement posted? Ir tz",2,� $, 10U-Ja S� $f0 Z�k-- i 4. What is the name, telephone number and address of your business' Equal Employment Opportunity Officer? (Please print) �Tbtnt e ( 64A. �l�- cfso' 793 X350 Giasr Y4x NE Phone number Address C-eI2wr%ry 5. The undersigned agrees to display, in conspicuous places at the work site, all posters req;*ed by federal and state law for the duration of the contract. NOTE: The City can provide ass8ance $S obtaining the necessary posters. �� y=, 'n F r m =c M s � *X r D F 00 CC -3 6. How does your business currently inform applicants, employees, and recruitment sources (including unions) that you are an Equal Employment Opportunity employer? 1y`SS Cc'E WL5'.v�-pSS (c c 4k�o�.. The above responses to questions 1 through 6, are true and correctly reflect our Equal Employment Opportunity policies. 'S (�ONS�nU c�I C 319 YSa - 789 ? ;ss Name n Phone Number 'Signature Title f -k j/W 3-G- .7-1�/8 Print Name Date CC -4 '.a O *n _o Co = ■! C') -In - � r rn MS D 4 - CD W CC -4 Pa,s Construction LLC PO Box 293 Hiawatha, Iowa 52233 Tel 319-480-7883 SAMPLE: EQUAL EMPLOYMENT OPPORTUNITY POLICY /J To all employees of 1 0 Gh k a h SLC This Company and its employees shall not discriminate against any employee or applicant for employment based on his 6r her age, national origin, color, creed, disability, gender identity, marital s t a t u s , race, religion, sex, or sexual orientation. The anti- discrimination policy extends to decisions involving hiring, promotion, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Further, this Company and its employees will provide a working environment free from such discrimination. All employees are encouraged to refer minority and women applicants and applicants with disabilities foremployment. « The Equal EmploymentOpportunityOfficerfor�C-5 �Y�$tf�c{�oaL — is: Name:41.112\ A Address: ((2 5 -I -L b Gea a✓ lend �cwa voa Telephone Number: —3L9 eee 9_ ? 88 N O E5 L7 O C-)-< - r =gym = n ao %RV Western Surety Company PAYMENT BOND Bond Number: 72009 KNOW ALL PERSONS BY THESE PRESENTS, That we PA's construction. LLC of P.O. Box 293, Hiawatha, IA 52233 , hereinafter referred to as the Principal, and western surety company as Surety, are held and firmly bound unto Iowa city Public Housing of 410 E. Washington St.. Iowa y TA 52240 , hereinafter One Hundred Eighty -Nine Thousand Seven Hundred referred to as the Obligee, in the sum of Ninety -Pour and o0/100 Dollars ($ 1891794. 00 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated __Li_ day of a. 28/$ ,for Roofing and Siding �R placement Project copy of which contract is by reference made a part hereof. NOW, THEREFORE, if Principal shall, in accordance with applicable Statutes, promptly make payment to all persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety being waived, then this obligation to be void; otherwise to remain in full force and effect. No suit or action shall be commenced hereunder (a) After the expiration of one (1) year following the date on which Principal ceased work on said contract it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as'jp be equal to the minimum period of limitation permitted by such law. c O O° (b) Other than in a state court of competent jurisdiction in and for the county or othe.�9MicaWwbdivis of the state in which the project, or any part thereof, is situated, or in the United StatmtheFCourt{er•4he district in which the project, or any part thereof, is situated, and not elsewhere. E2 � — r 4n F -<r— The amount of this bond shall be reduced by and to the extent of any payment or paymeVada go ith hereunder. _ SIGNED, SEALED AND DATED this 27thn day of February 2018 �.r as�{tE7YC0 9jp w `..t•. z N W P S�iH:DP4o By (Seal) GCORPOBAlp = red R. Hahn Attomey-in-Fact SEAL W -2 - Western Surety Company PERFORMANCE BOND Bond Number: 72004792 KNOW ALL PERSONS BY THESE PRESENTS, That we PA's construction. LLC Of P.O. Box 293, Hiawatha, IA 52233 , hereinafter referred to as the Principal, and Western Surety Company as Surety, are held and firmly bound unto Iowa City Public Housing Of 410 E Washington sr Towa Citv. IA 52240 referred to as the Obligee, in the sum of Seven Dollars ($ 189, 7 94. 00 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS. Principal has entered into a contract with Obligee, dated the 1 it day of M� 2-018 Jbr Baofina and Siding Replacement P 3 t NOW, THEREFORE, if the Principal shall faithfully perform such contract or shall indemnify and save harmless the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and void, otherwise it shall remain in full force and effect. ANY PROCEEDING, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. NO RIGHT OF ACTION shall accrue on this Bond to or for the use of any person or corporation Oer than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. - 01 m C7 SIGNED, SEALED AND DATED this 27th day of February 20* -1 i- <r - m PA's Constr ct' n LLC _m = COPPORATf rin p� t SEAL r By (Seal) Western Suret Com an (Su ) CORPORATE By (Seal) SEAL F7AJHa n Attomey-in-Fad Fa,m F4s9; Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 72004792 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint Fred R Hahn its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: PA's Construction, LLC Obligee: Iowa City Public Housing Amount: $1,000,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." If Bond No. 72004792 is not issued on or before midnight of May 31, 2018 all authority conferred in this Power of Attorney shall expire and terminate. ttetMr ba WON, Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Brufkat, and its co' V zsthis 27th day of February 2018 WEST R SURE COMPANY !✓� S 9 Paul T. ruflat, Vice President sa 0 C A �tI +rnNlc p� On this 27th day of February , in the year 2018 , before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation= 1r,,,,,r,w,rrrrrrr,,,,,, 4 f J. MOHR + � `a NOfARY PUBLIC r�/ s SOUTH QAKOTA i Nof�,rbli outh 1=a My Commission Expires June I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota,�D�ebfWify Me attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of thq§Nlos of;& Com as set forth in the Power of Attorney is now in force. :*= t V In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this PIth t day of February 2018 WEST R SURE COMPANY r Paul T. ruflat, Vice President To validate bond authenticity, go to www.cnass retv.com > Owner/Obligee Services > Validate Bond Coverage. Form F5306-162017 udder Status Form To be completed by all bidders Part A Please answer "Yes" or "No" for each of the following: CS Yes ❑ No My company is authorized to transact business in Iowa. (To help you determine it your company is authorized, please review the worksheet or be next page). ® Yes ❑ No My company has an office to transact business in Iowa. o m [n Yes ❑ No My company's office in Iowa is suitable for more than receiving mail, telephoners, a -man ® Yes ❑ No My company has been conducting business in Iowa for at least 3 years prior tH6�firsWequesHor bids on this project. =;c--, ;: r ® Yes ❑ No My company is not a subsidiary of another business entity or my company is a'§Rsidi%,y of fWer business entity that would qualify as a resident bidder in Iowa. o:O _ If you answered "Yes" for each question above, your company y qualifies as a rSidentF der. ease complete Parts B and D of this form. Co If you answered "No" to one or more questions above, your company is a nonresident bidder. Please complete Parts C and D of this form. To be completed by resident bidders Pali B My companny has maintained offices in Iowa during the past 3 years at the following addresses: Dates: tGJ /_J_/ -Vt3to g / _LL_/ ;? 51 ddress: 300 (3 ^ O , U City, State, Zipf: \G k>.x- S -aa Dates: /�_/ `ob(Jto _� (2_YN Address: GSS rO ioE City, State Zip. o V, yp` a w c Dates: /—/—to / / Address: You may attach additional sheet(s) it needed. City, State, Zip: To be completed by non-resident bidders Part r 1. Name of home state or foreign country reported to the Iowa Secretary of State: 2. Does your company's home state or foreign country offer preferences to bidders who are residents? ❑ Yes ❑ No 3. If you answered "Yes' to question 2, identify each preference offered by your company's home state or foreign country and the appropriate legal citation. You may affach additional sheets) if needed. To be completed by all bidders Part n I certify that the statements made on this document are true and complete to the best of my knowledge and I know that my failure to provideaccurateand truthful information may be a reason to reject my bid. Firm Name: 1 a S ����/`f� 0 `^ I^ L e You must sub it the completed form to the governmental body requesting bids per 875 Iowa Administrative Code Chapter 156. This form has been approved by the Iowa Labor Commissioner. BSF-1 Worksheet: Authorization to Transact Business This worksheet may be used to help complete Part A of the Resident Bidder Status form. If at least one of the following describes your business, you are authorized to transact business in Iowa. Q0 Yes ❑ No My business is currently registered as a contractor with the Iowa Division of Labor. ❑ Yes ❑ No My business is a sole proprietorship and I am an Iowa resident for Iowa income tax purposes. ❑ Yes ❑ No My business is a general partnership or joint venture. More than 50 percent of the general partners or joint venture parties are residents of Iowa for Iowa income tax purposes. Yes ❑ No My business is an active corporation with the Iowa Secretary of State and has paid all fees required by the Secretary of State, has filed its most recent biennial report, and has not filed articles of dissolution. k�)Yes ❑ No My business is a corporation whose articles of incorporation are filed in a state other than Iowa, the corporation has received a certificate of authority from the Iowa secretary of state, has filed its most recent biennial report with the secretary of state, and has neither received a certificate of withdrawal from the secretary of state nor had its authority revoked. Yes ❑ No My business is a limited liability partnership which has filed a statement of qualification in this state and the statement has not been canceled. ❑ Yes ❑ No My business is a limited liability partnership which has filed a statement of qualification in a state other than Iowa, has filed a statement of foreign qualification in Iowa and a statement of cancellation has not been filed. ❑ Yes ❑ No My business is a limited partnership or limited liability limited partnership which has filed a certificate of limited partnership in this state, and has not filed a statement of termination. ❑ Yes ❑ No My business is a limited partnership or a limited liability limited partnership whose certificate of limited partnership is filed in a state other than Iowa, the limited partnership or limited liability limited partnership has received notification from the Iowa secretary of state that the application for certificate of authority has been approved and no notice of cancellation has been filed by the limited partnership or the limited liability limited partnership. ❑ Yes ❑ No My business is a limited liability company whose certificate of organization is filed in Iowa and has not filed a statement of termination. ❑ Yes ❑ No My business is a limited liability company whose certificate of organization is filed in a state other than Iowa, has received a certificate of authority to transact business in Iowa and the certificate has not been revoked or canceled. ti O Y _ <r c' P r Q BSF-2 FORM OF AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Iowa City, Iowa ("City"), and P(2� S' Co t^ St f Lk c �-" p y, L L C ("Contractor"). WHEREAS, the City has prepared certain Plans, Specifications, Proposal and Contract dated the 160" of January, 2018, for the IOWA CITY PUBLIC HOUSING ROOFING AND SIDING REPLACEMENT PROJECT ('Project'), and WHEREAS, Contractor submitted a bid on the Project described in said Plans, Specifications, Proposal and Contract; and WHEREAS, the parties hereto now wish to enter into this agreement for the construction of said Project. NOW, THEREFORE, IT IS AGREED: 1. The City hereby agrees to perform the Project for the sums listed in its Form of OJ Proposal, including the total extended dollar amount of $which sums are incorporated herein by this reference. 2. This Agreement consists of the following component parts which are incorporated herein by reference: a. Addenda Numbers attached hereto; b. "General Conditions of the Contract for Construction" AIA DOC A201-2007, as amended; -- N o C. Plans; o �n D� m = d. Technical Specifications and Supplementary Conditions; —'� � r r i = rn e. Performance and Payment Bond; om 0 A I. Contractor's Completed Bidder Status Form; attached hereto; F g. Contractor's Completed Assurance of Contract Compliance Program (Anti - Discrimination Requirements), attached hereto; h. Completed Form of Proposal; and i. This Instrument. AG -1 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 in "Attachment A." Payments are to be made to the Contractor in accordance with the Supplementary Conditions. City (Signature) 3-i, =18 ATTEST: Mayor (Printed name) Cit# Clerk AG -2 Contr for r� (Signature) "a�yn %e 1 /p• S;�Qkaaeyy vtCv�Q (Printed name) (Company OfficialTitle) ATTEST: (Printed name) (Company Official Title) Approved By: City Attorney's Office 31,11119 N o_ O Vn > m S "-< DC7 - F r =gym z M � t v co �o �o w a 0 O 0 v �. �b b Q Y o c 0 L o N ) y 0 v � c o N o v � � � � S N FILED 2018 MAR 14 PM 4: 48 CITY CLERK IOWA CITY, IOWA M Q ADDENDUM NO. 1 February 8, 2018 IOWA CITY PUBLIC HOUSING ROOFING AND SIDING REPLACEMENT PROJECT The information in this Addendum modifies, supplements, or replaces information contained in the Plans and/or Specifications, as applicable, and is hereby made a part of the Contract Documents. APPLICABLE TO THE CONTRACT — HUD DOCUMENTS 1) Add HUD Form 5370 (General Conditions for Construction Contracts — Public Housing Programs) to the contract. The terms of Form 5370 trumps to the extent of any inconsistency. 2) Add HUD Form 52158 (Prevailing Wage Rate Form) — Contractor shall comply with wage rates for listed in the Prevailing Wage Rate Form. Siders wage rates shall comply with the listed minimum rate of Carpenters. APPLICABLE TO THE PLANS AND SPECIFICATIONS 1) Section 01010-6, Item #19, Work to be completed, Removal and replacement of asphalt shingles. a) Modify quantity from 9.7 to 19.5 SQ. 2) Section 01010-8, Item #26, Work to be completed, Removal and replacement vinyl siding. a) Modify quantity from 921 SF to 2352 SF, Complete Replacement. 3) Section 02000 — Roofing a) Page 02000-1, Part 2.01.A i) Replace with: Roof shingles shall be asphalt, laminated (30 -year ar(;�'tect l). sn a b) Page 02000-1, Part 2.01.8 i) Add: or approved equivalent. zqc' r r c) Page 02000-1, Part 2.01.1 0M Q i) Replace International Uniform Building Code with International Buik*g Cotyle. r 00 d) Page 02000-1, Part 2.01.K i) Remove section. Addendum No.1 February 8, 2018 EIFED e) Page 02000-3, Part 3.06.4 i) Replace with: Shingles shall have a minimum 30 -year warranty. CONTRACTOR QUESTIONS 1) Can one color of roof shingles be used on all properties? a) Contractor shall match the color of existing shingles. 2) Can synthetic roof underlayment be used in lieu of felt underlayment? a) Synthetic roof underlayment may be used. 3) Verify quantity of item #18. a) Item #18 shall include complete replacement of siding equaling to approximately 972 SF. Bid as a lump sum quantity. Addendum No.1 February 8, 2018 N 0 O m Iri M � x = r 00 Addendum No.1 February 8, 2018 General Conditions for Construction U.S. Department of Housing and Urban Development Contracts - Public Housing Programs Office of Public and Indian Housing OMB Approval No. 2577-0157 (exp. 1/31/2017) Applicability. This form is applicable to any construction/development contract greater than $100,000. This form includes those clauses required by OMB's common rule on grantee procurement, implemented at HUD in 24 CFR 85.36, and those requirements set forth in Section 3 of the Housing and Urban Development Act of 1968 and its amendment by the Housing and Community Development Act of 1992, implemented by HUD at 24 CFR Part 135. The form is required for construction contracts awarded by Public Housing Agencies (PHAs). The form is used by Housing Authorities in solicitations to provide necessary contract clauses. If the form were not used, HAs would be unable to enforce their contracts. Public reporting burden for this collection of information is estimated to average 1.0 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality. HUD may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB number. Previous editions are obsolete Replaces form HUD -5370-A Page 1 of 19 =1c r r r M � 23:::D _ *;R r Clause Page Clause Page t 2. 3. 4. 11Definitions Contractor's Responsibility for Work Architect's Duties, Responsibilities and Authority Other Contracts 2 2 2 3 25. 26. 27. _ 1 Contract Period _ _ _ Order of Precedence - Payments g 9 9 tM;nTMT-T1Tr1 28. Contract Modifications 10 5. Precenstruction Conference and Notice to Proceed 3 29. Changes 10 6. Construction Progress Schedule 3 30. _ _ Suspension of Work 11 7. Site Investigation and Conditions Affecting the Work 3 31. _ Disputes - 11 8. Differing Site Conditions 4 32. Default - 11 9. Specifications and Drawings for Construction 4 33. Liquidated 12 10. As -Built Drawings 5 34. Termination of Convenience 12 11. Material and Workmanship 5 35. _ Assi nment of Contract 12 12. Permits and Codes 5 36. Insurance 12 13. Health, Safety, and Accident Prevention 6 37. Subcontracts 13 14 Temporary Buildings and Transportation Materials ti si Subcontracting with Small and Minority Firms, Women's Business Enterprise, and Labor Surplus Area Finns b 15. Availability and Use of Utility Services 6 39. Equal Employment Opportunity 13 YJ of Existing vegetation, Structures, Equipment, Utilities, and Improvements 6 -Protection 41 Employment, Training, and Contracting Opportunities for Low -Income Persons, Section 3 of the Housing and Urban Development Act of 1968 .a 17. Temporary Buildings and Transportation Materials 7 41. Interest of Members of Congress 15 'os wean Air and water r 4e Interest of Members, Officers, or Employees and Former Members, Officers, or Em la ees .b 19. Energy Efficiency 7 43. Limitations on Payments Made to Influence 15 20. Inspection and Acceptance of Construction 7 44. Royalties and Patents 15 21. Use and Possession Prior to Completion 8 45. Examination and Retention of Contractors' cords -15 22. Warranty of Title 8 46. labor Standards -Davis -Bacon atldRelat is 15 23. Warranty of Construction 8 47. Non -Federal Prevailin Wa e R 19 24. Prohibition Against Liens 9 48. Procurement of Recovered Ma ,... 19 Previous editions are obsolete Replaces form HUD -5370-A Page 1 of 19 =1c r r r M � 23:::D _ *;R r HUD -5370 (1/2014) 1. Definitions (a) The Contractor shall furnish all necessary labor, materials, tools, equipment, and transportation necessary (a) "Architect" means the person or other entity engaged by for performance of the work. The Contractor shall also the PHA to perform architectural, engineering, design, furnish all necessary water, heat, light, and power not and other services related to the work as provided for in made available to the Contractor by the PHA pursuant to the contract. When a PHA uses an engineer to act in this the clause entitled Availability and Use of Utility Services capacity, the terms "architect" and "engineer" shall be herein. synonymous. The Architect shall serve as a technical (b) The Contractor shall perform on the site, and with its own representative of the Contracting Officer. The Architect's organization, work equivalent to at least [ ] (12 percent authority is as set forth elsewhere in this contract. unless otherwise indicated) of the total amount of work to (b) "Contract" means the contract entered into between the be performed under the order. This percentage may be PHA and the Contractor. It includes the forms of Bid, the reduced by a supplemental agreement to this order if, Bid Bond, the Performance and Payment Bond or Bonds during performing the work, the Contractor requests a or other assurance of completion, the Certifications, reduction and the Contracting Officer determines that the Representations, and Other Statements of Bidders (form reduction would be to the advantage of the PHA. HUD -5370), these General Conditions of the Contract for (c) Al all times during performance of this contract and unfit Construction (form HUD -5370), the applicable wage rate the work is completed and accepted, the Contractor shall determinations from the U.S. Department of Labor, any directly superintend the work or assign and have on the special conditions included elsewhere in the contract, the work site a competent superintendent who is satisfactory specifications, and drawings. It includes all formal to the Contracting Officer and has authority to act for the changes to any of those documents by addendum, Contractor. change order, or other modification. (d) The Contractor shall be responsible for all damages to (c) "Contracting Officer' means the person delegated the au- persons or property that occur as a result of the thority by the PHA to enter into, administer, and/or Contractors fault or negligence, and shall take proper terminate this contract and designated as such in writing safety and health precautions to protect the work, the to the Contractor. The term includes any successor workers, the public, and the property of others. The Contracting Officer and any duly authorized Contractor shall hold and save the PHA, its officers and representative of the Contracting Officer also designated agents, free and harmless from liability of any nature in writing. The Contracting Officer shall be deemed the occasioned by the Contractors performance. The authorized agent of the PHA in all dealings with the Contractor shall also be responsible for all materials Contractor. delivered and work performed until completion and (d) "Contractor' means the person or other entity entering acceptance of the entire work, except for any completed into the contract with the PHA to perform all of the work unit of work which may have been accepted under the required under the contract. contract. (e) "Drawings" means the drawings enumerated in the (e) The Contractor shall lay out the work from base lines and schedule of drawings contained in the Specifications and bench marks indicated on the drawings and be as described in the contract clause entitled Specifications responsible for all lines, levels, and measurements of all and Drawings for Construction herein. work executed under the contract. The Contractor shall (f) "HUD" means the United States of America acting through verify the figures before laying out the work and will be the Department of Housing and Urban Development held responsible for any error resulting from its failure to including the Secretary, or any other person designated to do so. act on its behalf. HUD has agreed, subject to the (f) The Contractor shall confine all operations (including provisions of an Annual Contributions Contract (ACC), to storage of materials) on PHA premises to areas provide financial assistance to the PHA, which includes authorized or approved by the Contracting Officer. assistance in financing the work to be performed under (g) The Contractor shall at all times keep the work area, this contract. As defined elsewhere in these General including storage areas, free from accumulations of Conditions or the contract documents, the determination waste materials. After completing the work and before of HUD may be required to authorize changes in the work final inspection, the Contractor shall (1) remove from the or for release of funds to the PHA for payment to the premises all scaffolding, equipment, tools, and materials Contractor. Notwithstanding HUD's role, nothing in this (including rejected materials) that are not the property of contract shall be construed to create any contractual the PHA and all rubbish caused by its work; (2) leave the relationship between the Contractor and HUD. work area in a clean, neat, and orderly condition (g) "Project" means the entire project, whether construction satisfactory to the Contracting Officer; (3) perform all or rehabilitation, the work for which is provided for in specified tests; and, (4) deliver the installation in whole or in part under this contract. complete and operating condition. (h) "PHA" means the Public Housing Agency organized (h) The Contractors responsibility will tennin4j}vhen all under applicable state laws which is a party to this work has been completed, theI inspeMn made, and contract. "Specifications" the work accepted by the Cont Ofber. Thee�� (j) means the written description of the Contractor will then be release furt14 obligellbA technical requirements for construction and includes the except as required by the warrg pecified elre criteria and tests for determining whether the in the contract. X_ --i n requirements are met. T (I) "Work" means materials, workmanship, and manufacture 3. Architect's Duties, Responsibih g lan�uthor�t)r ' and fabrication of components. p x (a) The Architect for this contract, ax:g FY suiEksor, SII 2. Contractor's Responsibility for Work be designated in writing by the ?9fttractirgOfficer. kb Previous editions are obsolete Page 2 of 19 form HUD -5370 (1/2014) Replaces form HUD -5370-A N �7 17 rn cr • V CA (b) The Architect shall serve as the Contracting Officers technical representative with respect to architectural, engineering, and design matters related to the work performed under the contract. The Architect may provide direction on contract performance. Such direction shall be within the scope of the contract and may not be of a nature which: (1) institutes additional work outside the scope of the contract; (2) constitutes a change as defined in the Changes clause herein; (3) causes an increase or decrease in the cost of the contract; (4) alters the Construction Progress Schedule; or (5) changes any of the other express terms or conditions of the contract. (c) The Architect's duties and responsibilities may include but shall not be limited to: (1) Making periodic visits to the work site, and on the basis of his/her on-site inspections, issuing written reports to the PHA which shall include all observed deficiencies. The Architect shall file a copy of the report with the Contractors designated representative at the site; (2) Making modifications in drawings and technical specifications and assisting the Contracting Officer in the preparation of change orders and other contract modifications for issuance by the Contracting Officer; (3) Reviewing and making recommendations with respect to - (i) the Contractors construction progress schedules; (ii) the Contractors shop and detailed drawings; (iii) the machinery, mechanical and other equipment and materials or other articles proposed for use by the Contractor, and, (iv) the Contractor's price breakdown and progress payment estimates; and (4) Assisting in inspections, signing Certificates of Completion, and making recommendations with respect to acceptance of work completed under the contract. 4. Other Contracts The PHA may undertake or award other contracts for additional work at or near the site of the work under this contract. The Contractor shall fully cooperate with the other contractors and with PHA employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by PHA employees Construction Requirements 5. Pre -construction Conference and Notice to Proceed (a) Within ten calendar days of contract execution, and prior to the commencement of work, the Contractor shall attend a preconstruction conference with representatives of the PHA, its Architect, and other interested parties convened by the PHA. The conference will serve to acquaint the participants with the general plan of the construction operation and all other requirements of the contract. The PHA will provide the Contractor with the date, time, and place of the conference. (b) The contractor shall begin work upon receipt of a written Notice to Proceed from the Contracting Officer or designee. The Contractor shall not begin work prior to receiving such notice. 6. Construction Progress Schedule (a) The Contractor shall, within five days after the work commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring labor, materials, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments or take other remedies under the contract until the Contractor submits the required schedule. (b) The Contractor shall enter the actual progress on the chart as required by the Contracting Officer, and immediately deliver three copies of the annotated schedule to the Contracting Officer. If the Contracting Officer determines, upon the basis of inspection conducted pursuant to the clause entitled Inspection and Acceptance of Construction, herein that the Contractor is not meeting the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the PHA. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained. (c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the Contract. Upon making this determination, the Contracting Officer may terminate the Contractor's right to proceed with the work, or any separable part of it, in accordance with the Default clause of this contract. 7. Site Investigation and Conditions Affecting the Work (a) The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited tqq��1) conditions bearing upon transportation, di al, hariitng, and storage of materials; (2) the avof or, w r electric power, and roads;(3) untie weathhf, river stages, tides, or similar phyy5%( onWbns ai .r.„ site; (4) the conformation and cdrdiiti ns qMe gr and (5) the character of equipm�d facilities n2eded rk preliminary to and during woar�ep The Contractor also acknowledges atgthas tisfi, f as to the character, quality, and gtvtit`$of surface subsurface materials or obstac6liwto bee" untered insofar as this information is co Previous editions are obsolete Page 3 of 19 form HLJD-5370 (1/2014) Replaces form HOD -5370-A reasonably ascertainable from an inspection of the site, promptly submitted to the Contracting Officer, who shall including all exploratory work done by the PHA, as well promptly make a determination in writing. Any adjustment as from the drawings and specifications made a part of by the Contractor without such a determination shall be at this contract. Any failure of the Contractor to take the its own risk and expense. The Contracting Officer shall actions described and acknowledged in this paragraph furnish from time to time such detailed drawings and other will not relieve the Contractor from responsibility for information as considered necessary, unless estimating properly the difficulty and cost of successfully otherwise provided. performing the work, or for proceeding to successfully (b) Wherever in the specifications or upon the drawings the perform the work without additional expense to the PHA. words "directed", "required", "ordered", "designated", (b) The PHA assumes no responsibility for any conclusions "prescribed", or words of like import are used, it shall be or interpretations made by the Contractor based on the understood that the "direction", "requirement", "order', information made available by the PHA. Nor does the "designation", or "prescription", of the Contracting Officer PHA assume responsibility for any understanding is intended and similarly the words "approved", reached or representation made concerning conditions "acceptable", "satisfactory", or words of like import shall which can affect the work by any of its officers or agents rmn "approved by', or "acceptable to", or satisfactory before the execution of this contract, unless that to" the Contracting Officer, unless otherwise expressly understanding or representation is expressly stated in stated. this contract. (c) Where " shown" " indicated", " detailed", or words Replaces form HUD -5370-A of similar import are used, it shall be understood that the S. Differing Site Conditions reference is made to the drawings accompanying this contract unless stated otherwise. The word "provided" as (a) The Contractor shall promptly, and before the conditions used herein shall be understood to mean "provide are disturbed, give a written notice to the Contracting complete in place" that is "furnished and installed". Officer of (1) subsurface or latent physical conditions at (d) "Shop drawings" means drawings, submitted to the PHA the site which differ materially from those indicated in this by the Contractor, subcontractor, or any lower tier contract, or (2) unknown physical conditions at the subcontractor, showing in detail (1) the proposed site(s), of an unusual nature, which differ materially from fabrication and assembly of structural elements and (2) those ordinarily encountered and generally recognized as the installation (i.e., form, fit, and attachment details) of inhering in work of the character provided for in the materials of equipment. It includes drawings, diagrams, contract. layouts, schematics, descriptive literature, illustrations, (b) The Contracting Officer shall investigate the site schedules, performance and test data, and similar conditions promptly after receiving the notice. Work shall materials furnished by the Contractor to explain in detail not proceed at the affected site, except at the specific portions of the work required by the contract. The Contractors risk, until the Contracting Officer has PHA may duplicate, use, and disclose in any manner and provided written instructions to the Contractor. If the for any purpose shop drawings delivered under this conditions do materially so differ and cause an increase contract. or decrease in the Contractors cost of, or the time (e) If this contract requires shop drawings, the Contractor required for, performing any part of the work under this shall coordinate all such drawings, and review them for contract, whether or not changed as a result of the accuracy, completeness, and compliance with other conditions, the Contractor shall file a claim in writing to contract requirements and shall indicate its approval the PHA within ten days after receipt of such instructions thereon as evidence of such coordination and review. and, in any event, before proceeding with the work. An Shop drawings submitted to the Contracting Officer equitable adjustment in the contract price, the delivery without evidence of the Contractor's approval may be schedule, or both shall be made under this clause and returned for resubmission. The Contracting Officer will the contract modified in writing accordingly. indicate an approval or disapproval of the shop drawings (c) No request by the Contractor for an equitable adjustment and if not approved as submitted shall indicate the PHA's to the contract under this clause shall be allowed, unless reasons therefore. Any work done before such approval the Contractor has given the written notice required; shall be at the Contractor's risk. Approval by the provided, that the time prescribed in (a) above for giving Contracting Officer shall not relieve the Contractor from written notice may be extended by the Contracting responsibility for any errors or omissions in such Officer. drawings, nor from responsibility for complying with the (d) No request by the Contractor for an equitable adjustment requirements of this contract, except with respect to to the contract for differing site conditions shall be variations described and approved in accordance with (f) allowed if made after final payment under this contract. below- elo -(f) (f)If shop drawings show variations from the contract 9. Specifications and Drawings for Construction requirements, the Contractor shall describe such variations in writing, separate from the draV4gs, at the (a) The Contractor shall keep on the work site a copy of the time of submission. If the ArchiteicLapprovRany such drawings and specifications and shall at all times give the variation and the Contracting O(IfStr cont$, the Contracting Officer access thereto. Anything mentioned Contracting Officer shall issue a apri in the specifications and not shown on the drawings, or modification to the contract, exc tirlt, iRW variW" is shown on the drawings and not mentioned in the minor or does not involve a chaell in bit specifications, shall be of like effect as if shown or performance, a modification need-WMe iSrSued. 1 mentioned in both. In case of difference between (g) It shall be the responsibility of th gtfacterdo ma drawings and specifications, the specifications shall timely requests of the PHA for spge ale an govern. In case of discrepancy in the figures, in the size drawings, color schemes, a 60RerAitiona drawings, or in the specifications, the matter shall be information, not already in his po3;ession, Which shall be CD Previous editions are obsolete Page of 19 form HUD -5370 (1/2014) Replaces form HUD -5370-A required in the planning and production of the work. Such requests may be submitted as the need arises, but each such request shall be filed in ample time to permit appropriate action to be taken by all parties involved so as to avoid delay. (h) The Contractor shall submit to the Contracting Officer for approval four copies (unless otherwise indicated) of all shop drawings as called for under the various headings of these specifications. Three sets (unless otherwise indicated) of all shop drawings, will be retained by the PHA and one set will be returned to the Contractor. As required by the Contracting Officer, the Contractor, upon completing the work under this contract, shall furnish a complete set of all shop drawings as finally approved. These drawings shall show all changes and revisions made up to the time the work is completed and accepted. (i) This clause shall be included in all subcontracts at any tier. It shall be the responsibility of the Contractor to ensure that all shop drawings prepared by subcontractors are submitted to the Contracting Officer. 10. As -Built Drawings (a) "As -built drawings," as used in this clause, means drawings submitted by the Contractor or subcontractor at any tier to show the construction of a particular structure or work as actually completed under the contract. "As -built drawings" shall be synonymous with "Record drawings." (b) As required by the Contracting Officer, the Contractor shall provide the Contracting Officer accurate information to be used in the preparation of permanent as -built drawings. For this purpose, the Contractor shall record on one set of contract drawings all changes from the installations originally indicated, and record final locations of underground lines by depth from finish grade and by accurate horizontal offset distances to permanent surface improvements such as buildings, curbs, or edges of walks. (c) This clause shall be included in all subcontracts at any tier. It shall be the responsibility of the Contractor to ensure that all as -built drawings prepared by subcontractors are submitted to the Contracting Officer. 11. Material and Workmanship (a) All equipment, material, and articles furnished under this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. References in the contract to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may, at its option, use any equipment, material, article, or process that, in the judgment of, and as approved by the Contracting Officer, is equal to that named in the specifications, unless otherwise specifically provided in this contract. (b) Approval of equipment and materials. (1) The Contractor shall obtain the Contracting Officers approval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the Contractor shall furnish to the Contracting Officer the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment. When required by this contract or by the Contracting Officer, the Contractor shall also obtain the Contracting Officers approval of the material or articles which the Contractor contemplates incorporating into the work. When requesting approval, the Contractor shall provide full information concerning the material or articles. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection. (2) When required by the specifications or the Contracting Officer, the Contractor shall submit appropriately marked samples (and certificates related to them) for approval at the Contractors expense, with all shipping charges prepaid. The Contractor shall label, or otherwise properly mark on the container, the material or product represented, its place of origin, the name of the producer, the Contractors name, and the identification of the construction project for which the material or product is intended to be used. (3) Certificates shall be submitted in triplicate, describing each sample submitted for approval and certifying that the material, equipment or accessory complies with contract requirements. The certificates shall include the name and brand of the product, name of manufacturer, and the location where produced. (4) Approval of a sample shall not constitute a waiver of the PHA right to demand full compliance with contract requirements. Materials, equipment and accessories may be rejected for cause even though samples have been approved. (5) Wherever materials are required to comply with recognized standards or specifications, such specifications shall be accepted as establishing the technical qualities and testing methods, but shall not govern the number of tests required to be made nor modify other contract requirements. The Contracting Officer may require laboratory lest reports on items submitted for approval or may approve materials on the basis of data submitted in certificates with samples. Check tests will be made on materials delivered for use only as frequently as the Contracting Officer determines necessary to insure compliance of materials with the specifications. The Contractor will assume all costs of retesting materials which fail to meet contract requirements and/or testing materials offered in substitution for those found deficient. (6) After approval, samples will be kept in the Project office until completion of work. They rrRay be built into the work after a substantial gontity of a materials they represent has been builCM and apted. (c) Requirements concerning lead -t he Contractor shall comply with the1?equ4renWts corwawing lead-based paint contained in ttfe7L'Aad-B=ed Parft— Poisoning Prevention Act (42 U:WJV.- 382fi4846) 5s implemented by 24 CFR Part 3,,,G fr*7 -D , , , = Q 12: Permits and Codes :*X t (a) The Contractor shall give all notices and c&ly with all applicable laws, ordinances, codes, rules and regulations. Notwithstanding the requirement of the Contractor to comply with the drawings and specifications in the contract, all work installed shall comply with all applicable codes and regulations as amended by any Previous editions are obsolete Page 5 of 19 form HUD -5370 (1/2014) Replaces form HUD -5370-A waivers. Before installing the work, the Contractor shall examine the drawings and the specifications for compliance with applicable codes and regulations bearing on the work and shall immediately report any discrepancy it may discover to the Contracting Officer. Where the requirements of the drawings and specifications fail to comply with the applicable code or regulation, the Contracting Officer shall modify the contract by change order pursuant to the clause entitled Changes herein to conform to the code or regulation. (b) The Contractor shall secure and pay for all permits, fees, and licenses necessary for the proper execution and completion of the work. Where the PHA can arrange for the issuance of all or part of these permits, fees and licenses, without cost to the Contractor, the contract amount shall be reduced accordingly. 13. Health, Safety, and Accident Prevention (a) In performing this contract, the Contractor shall: (1) Ensure that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his/her health and/or safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation; (2) Protect the lives, health, and safety of other persons; (3) Prevent damage to property, materials, supplies, and equipment; and, (4) Avoid work interruptions. (b) For these purposes, the Contractor shall: (1) Comply with regulations and standards issued by the Secretary of Labor at 29 CFR Part 1926. Failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96), 40 U.S.C. 3701 at seq.; and (2) Include the terms of this clause in every subcontract so that such terms will be binding on each subcontractor. (c) The Contractor shall maintain an accurate record of exposure data on all accidents incident to work performed under this contract resulting in death, traumatic injury, occupational disease, or damage to property, materials, supplies, or equipment, and shall report this data in the manner prescribed by 29 CFR Part 1904. (d) The Contracting Officer shall notify the Contractor of any noncompliance with these requirements and of the corrective action required. This notice, when delivered to the Contractor or the Contractors representative at the site of the work, shall be deemed sufficient notice of the noncompliance and corrective action required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to take corrective action promptly, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not base any claim or request for equitable adjustment for additional time or money on any stop order issued under these circumstances. (e) The Contractor shall be responsible for its subcontractors' compliance with the provisions of this clause. The Contractor shall take such action with respect to any subcontract as the PHA, the Secretary of Housing and Urban Development, or the Secretary of Labor shall direct as a means of enforcing such provisions. Previous editions are obsolete Replaces form HUD -5370-A 14. Temporary Heating The Contractor shall provide and pay for temporary heating, covering, and enclosures necessary to properly protect all work and materials against damage by dampness and cold, to dry out the work, and to facilitate the completion of the work. Any permanent heating equipment used shall be turned over to the PHA in the condition and at the time required by the specifications. 15. Availability and Use of Utility Services (a) The PHA shall make all reasonably required amounts of utilities available to the Contractor from existing outlets and supplies, as specified in the contract. Unless otherwise provided in the contract, the amount of each utility service consumed shall be charged to or paid for by the Contractor at prevailing rates charged to the PHA or, where the utility is produced by the PHA, at reasonable rates determined by the Contracting Officer. The Contractor shall carefully conserve any utilities furnished without charge. (b) The Contractor, at its expense and in a manner satisfactory to the Contracting Officer, shall install and maintain all necessary temporary connections and distribution lines, and all meters required to measure the amount of each utility used for the purpose of determining charges. Before final acceptance of the work by the PHA, the Contractor shall remove all the temporary connections, distribution lines, meters, and associated paraphernalia. 16. Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (a) The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which are not to be removed under this contract, and which do not unreasonably interfere with the work required under this Contract. (b) The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during performance of this contract, or by the careless operation of equipment, or by workmen, the Contractor shall trim those limbs or branches with a dean cut and paint the cut with a tree -pruning compound as directed by the Contracting Officer. (c) The Contractor shall protect from damage all existing improvements and utilities (1) at or near the work site and (2) on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor. Prior to disturbing the ground at the construction site, the Contractor shall ensure that all underground utility lines are clearly marked. (d) The Contractor shall shore up, brace, unde", secure, and protect as necessary all foupdations dO other parts of existing structures adjacent tcpWoinin nd in the vicinity of the site, which may b&ed he M excavations or other operations t1Trff7dcteMith the„ construction of the project. n'< -- �• (e) Any equipment temporarily remavd9'�s a'fEsull ofWork under this contract shall be proM10 cl d, a replaced in the same condition a of aof this contract. r fora ;r:v CI!_K 10;1-4 Cl1J. CC EIN SC,IPU=6 iI 6W 0: t'9 (f) New work which connects to existing work shall correspond in all respects with that to which it connects and/or be similar to existing work unless otherwise required by the specifications. (g) No structural members shall be altered or in any way weakened without the written authorization of the Contracting Officer, unless such work is clearly specified in the plans or specifications. (h) If the removal of the existing work exposes discolored or unfinished surfaces, or work out of alignment, such surfaces shall be refinished, or the material replaced as necessary to make the continuous work uniform and harmonious. This, however, shall not be construed to require the refinishing or reconstruction of dissimilar finishes previously exposed, or finished surfaces in good condition, but in different planes or on different levels when brought together by the removal of intervening work, unless such refinishing or reconstruction is speed in the plans or specifications. (i) The Contractor shall give all required notices to any adjoining or adjacent property owner or other party before the commencement of any work. (j) The Contractor shall indemnify and save harmless the PHA from any damages on account of settlement or the loss of lateral support of adjoining property, any damages from changes in topography affecting drainage, and from all loss or expense and all damages for which the PHA may become liable in consequence of such injury or damage to adjoining and adjacent structures and their premises. (k) The Contractor shall repair any damage to vegetation, structures, equipment, utilities, or improvements, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor. 17. Temporary Buildings and Transportation of Materials (a) Temporary buildings (e.g., storage sheds, shops, offices, sanitary facilities) and utilities may be erected by the Contractor only with the approval of the Contracting Officer and shall be built with labor and materials furnished by the Contractor without expense to the PHA. The temporary buildings and utilities shall remain the property of the Contractor and shall be removed by the Contractor at its expense upon completion of the work. With the written consent of the Contracting Officer, the buildings and utilities may be abandoned and need not be removed. (b) The Contractor shall, as directed by the Contracting Officer, use only established roadways, or use temporary roadways constructed by the Contractor when and as authorized by the Contracting Officer. When materials are transported in prosecuting the work, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by any federal, state, or local law or regulation. When it is necessary to cross curbs or sidewalks, the Contractor shall protect them from damage. The Contractor shall repair or pay for the repair of any damaged curbs, sidewalks, or roads. 18. Clean Air and Water The contactor shall comply with the Clean Air Act, as amended, 42 USC 7401 at seq., the Federal Water Pollution Control Water Act, as amended, 33 U.S.C. 1251 at seq., and standards issued pursuant thereto in the facilities in which this contract is to be performed. 19. Energy Efficiency The Contractor shall comply with mandatory standards and policies relating to energy efficiency which are contained in the energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.L. 94-163) for the State in which the work under the contract is performed. 20. Inspection and Acceptance of Construction (a) Definitions. As used in this clause - (1) "Acceptance" means the act of an authorized representative of the PHA by which the PHA approves and assumes ownership of the work performed under this contract. Acceptance may be partial or complete. (2) "Inspection" means examining and testing the work performed under the contract (including, when appropriate, raw materials, equipment, components, and intermediate assemblies) to determine whether it conforms to contract requirements. (3) "Testing" means that element of inspection that determines the properties or elements, including functional operation of materials, equipment, or their components, by the application of established scientific principles and procedures. (b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. All work is subject to PHA inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract. (c) PHA inspections and tests are for the sole benefit of the PHA and do not: (1) relieve the Contractor of responsibility for providing adequate quality control measures; (2) relieve the Contractor of responsibility for loss or damage of the material before acceptance; (3) constitute or imply acceptance; or, (4) affect the continuing rights of the PHA after acceptance of the completed work under paragraph (j) below. (d) The presence or absence of the PHA inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specifications without the Contracting Officer's written authorization. All instructions and approvals with respect to the work shall be given to the Contractor by the Contracting Officer. (e) The Contractor shall promptly furnish, without additional charge, all facilities, labor, and material reasonably needed for performing such safe and cony*ient inspections and tests as may beereequiredJ&the Contracting Officer. The PHA m9mchargARthe Contractor any additional cost o*ectir testomn work is not ready at the time sl Contr for inspection or test, or when pdMT4ectiowmakap reinspection or retest necessaryy:;IMPH/rshall pirform all inspections and tests in a marg6r that V not m unnecessarily delay the work.Spo ful)�ze, ar{ • , performance tests shall be pert as Tperibe ijhe contract. A t_ Previous editions are obsolete Page? of 19 form HUD -5370 (1/2014) Replaces form HUD -5370-A (f) The PHA may conduct routine inspections of the construction site on a daily basis. (g) The Contractor shall, without charge, replace or correct work found by the PHA not to conform to contract requirements, unless the PHA decides that it is in its interest to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises. (h) If the Contractor does not promptly replace or correct rejected work, the PHA may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor, or (2) terminate for default the Contractors right to proceed. (i) If any work requiring inspection is covered up without ap- proval of the PHA, it must, if requested by the Contracting Officer, be uncovered at the expense of the Contractor. If at any time before final acceptance of the entire work, the PHA considers it necessary or advisable, to examine occupied without proper remuneration therefore. If prior possession or use by the PHA delays the progress of the work or causes additional expense to the Contractor, an equitable adjustment shall be made in the contract price or the time of completion, and the contract shall be modified in writing accordingly. 22. Warranty of Title The Contractor warrants good title to all materials, supplies, and equipment incorporated in the work and agrees to deliver the premises together with all improvements thereon free from any claims, liens or charges, and agrees further that neither it nor any other person, firm or corporation shall have any right to a lien upon the premises or anything appurtenant thereto. 23. Warranty of Construction work already completed by removing or tearing it out, the (a) In addition to any other warranties in this contract, the Contractor, shall on request, promptly furnish all Contractor warrants, except as provided in paragraph (j) necessary facilities, labor, and material. If such work is of this clause, that work performed under this contract found to be defective or nonconforming in any material conforms to the contract requirements and is free of any respect due to the fault of the Contractor or its defect in equipment, material, or workmanship performed subcontractors, the Contractor shall defray all the by the Contractor or any subcontractor or supplier at any expenses of the examination and of satisfactory tier. This warranty shall continue for a period of reconstruction. If, however, such work is found to meet (one year unless otherwise indicated) from the date of final the requirements of the contract, the Contracting Officer acceptance of the work. If the PHA takes possession of shall make an equitable adjustment to cover the cost of any part of the work before final acceptance, this warranty the examination and reconstruction, including, if shall continue for a period of (one year unless otherwise completion of the work was thereby delayed, an indicated) from the date that the PHA takes extension of time. possession. (j) The Contractor shall notify the Contracting Officer, in (b) The Contractor shall remedy, at the Contractors writing, as to the date when in its opinion all or a expense, any failure to conform, or any defect. In designated portion of the work will be substantially addition, the Contractor shall remedy, at the Contractors completed and ready for inspection. If the Architect expense, any damage to PHA -owned or controlled real or determines that the state of preparedness is as personal property when the damage is the result of— represented, the PHA will promptly arrange for the (1) The Contractors failure to conform to contract require - inspection. Unless otherwise specified in the contract, the ments; or PHA shall accept, as soon as practicable after completion (2) Any defects of equipment, material, workmanship or and inspection, all work required by the contract or that design furnished by the Contractor. portion of the work the Contracting Officer determines and (c) The Contractor shall restore any work damaged in designates can be accepted separately. Acceptance shall fulfilling the terms and conditions of this clause. The be final and conclusive except for latent defects, fraud, Contractors warranty with respect to work repaired or gross mistakes amounting to fraud, or the PHA's right replaced will run for (one year unless otherwise indicated) under any warranty or guarantee. from the date of repair or replacement. (d) The Contracting Officer shall notify the Contractor, in 21. Use and Possession Prior to Completion writing, within a reasonable time after the discovery of any failure, defect or damage. (a) The PHA shall have the right to take possession of or use (e) If the Contractor fails to remedy any failure, defect, or any completed or partially completed part of the work. damage within a reasonable time after receipt of notice, Before taking possession of or using any work, the the PHA shall have the right to replace, repair or Contracting Officer shall furnish the Contractor a list of otherwise remedy the failure, defect, or damage at the items of work remaining to be performed or corrected on Contractors expense. those portions of the work that the PHA intends to take (f) With respect to all warranties, express or implied, from possession of or use. However, failure of the Contracting subcontractors, manufacturers, or suppliers for work Officer to list any item of work shall not relieve the performed and materials furnished under t ii contract, Contractor of responsibility for complying with the terms of the Contractor shall: a the contract. The PHA's possession or use shall not be (1) Obtain all warranties that wou@3ie giverR—P normal deemed an acceptance of any work under the contract. commercial practice; h Z TT (b) While the PHA has such possession or use, the (2) Require all warranties to be exbtre{i inting, fo` Contractor shall be relieved of the responsibility for (1) the benefit of the PHA; and, n-< _ loss of or damage to the work resulting from the PHA's (3) Enforce all warranties for the MQtgof t�'PHA. possession or use, notwithstanding the terms of the (g) In the event the Contractors warrapty4nde aragr clause entitled Permits and Codes herein; (2) all (a) of this clause has expired, th'e`�P ma ring ui t maintenance costs on the areas occupied; and, (3) its own expense to enforce a su ctov furnishing heat, light, power, and water used in the areas manufacturers or suppliers warj�A y. Previous editions are obsolete Page 8 of 19 form HUD -5370 (1/2014) Replaces form HUD -5370-A (h) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defect of material or design furnished by the PHA nor for the repair of any damage that results from any defect in PHA furnished material or design. (i) Notwithstanding any provisions herein to the contrary, the establishment of the time periods in paragraphs (a) and (c) above relate only to the specific obligation of the Contractor to correct the work, and have no relationship to the time within which its obligation to comply with the contract may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractors liability with respect to its obligation other than specifically to correct the work. (j) This warranty shall not limit the PHA's rights under the Inspection and Acceptance of Construction clause of this contract with respect to latent defects, gross mistakes or fraud. 24. Prohibition Against Liens The Contractor is prohibited from placing a lien on the PHA's property. This prohibition shall apply to all subcontractors at any tier and all materials suppliers. Administrative Requirements 25. Contract Period The Contractor shall complete all work required on this contract within calendar days of the effective date of the contract, or within the time schedule established in the notice to proceed issued by the Contracting Officer. 26. Order of Provisions In the event of a conflict between these General Conditions and the Specifications, the General Conditions shall prevail. In the event of a conflict between the contract and any applicable state or local law or regulation, the state or local law or regulation shall prevail; provided that such state or local law or regulation does not conflict with, or is less restrictive than applicable federal law, regulation, or Executive Order. In the event of such a conflict, applicable federal law, regulation, and Executive Order shall prevail. 27. Payments (a) The PHA shall pay the Contractor the price as provided in this contract. (b) The PHA shall make progress payments approximately every 30 days as the work proceeds, on estimates of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer. The PHA may, subject to written determination and approval of the Contracting Officer, make more frequent payments to contractors which are qualified small businesses. (c) Before the first progress payment under this contract, the Contractor shall furnish, in such detail as requested by the Contracting Officer, a breakdown of the total contract price showing the amount included therein for each principal category of the work, which shall substantiate the payment amount requested in order to provide a basis for determining progress payments. The breakdown shall be approved by the Contracting Officer and must be acceptable to HUD. If the contract covers more than one project, the Contractor shall furnish a separate breakdown for each. The values and quantities employed in making up this breakdown are for determining the amount of progress payments and shall not be construed as a basis for additions to or deductions from the contract price. The Contractor shall prorate its overhead and profit over the construction period of the contract. (d) The Contractor shall submit, on forms provided by the PHA, periodic estimates showing the value of the work performed during each period based upon the approved breakdown of the contract price. Such estimates shall be submitted not later than days in advance of the date set for payment and are subject to correction and revision as required. The estimates must be approved by the Contracting Officer with the concurrence of the Architect prior to payment. If the contract covers more than one project, the Contractor shall furnish a separate progress payment estimate for each. (e) Along with each request for progress payments and the required estimates, the Contractor shall furnish the following certification, or payment shall not be made: I hereby certify, to the best of my knowledge and belief, that (1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract; (2) Payments to subcontractors and suppliers have been made from previous payments received under the contract, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements; and, (3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract. M (f) Except as otherwise provided in State law, the PHA shall retain ten (10) percent of the amount of progress payments until completion and acceptance of all work under the contract; except, that 0 upon completion of 50 percent of the work, the Contracting Officer, after consulting with the Architect, determines that the Contractors performance and progress aTaatisfactory, the PHA may make the remaini aymeag in full for the work subsequently completed. I ontniting 01" subsequently determines that t tragi$'s 1 performance and progress are s9[f�fac , the PRM shall reinstate the ten (10) perces o oth(I-perce age as provided in State law) retainagdit such time�gif.�e Contracting Officer determines tt�F orMWce am � progress are satisfactory. S �J (g) The Contracting Officer may autl �rnatd!Ml delig d on the site and preparatory work cj>Ae to be ken into consideration when computing progress paXWnts. Previous editions are obsolete Page 9 of 19 form HUD -5370 (112014) Replaces form HUD -5370-A Material delivered to the Contractor at locations other than the site may also be taken into consideration 4 the Contractor furnishes satisfactory evidence that (1) it has acquired title to such material; (2) the material is property stored in a bonded warehouse, storage yard, or similar suitable place as may be approved by the Contracting Officer; (3) the material is insured to cover its full value; and (4) the material will be used to perform this contract. Before any progress payment which includes delivered material is made, the Contractor shall furnish such documentation as the Contracting Officer may require to assure the protection of the PHA's interest in such materials. The Contractor shall remain responsible for such stored material notwithstanding the transfer of title to the PHA. (h) All material and work covered by progress payments made shall, at the time of payment become the sole property of the PHA, but this shall not be construed as (1) relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or, (2) waiving the right of the PHA to require the fulfillment of all of the terms of the contract. In the event the work of the Contractor has been damaged by other contractors or persons other than employees of the PHA in the course of their employment, the Contractor shall restore such damaged work without cost to the PHA and to seek redress for its damage only from those who directly caused it. (i) The PHA shall make the final payment due the Contractor under this contract after (1) completion and final acceptance of all work; and (2) presentation of release of all claims against the PHA arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. Each such exception shall embrace no more than one claim, the basis and scope of which shall be clearly defined. The amounts for such excepted claims shall not be included in the request for final payment. A release may also be required of the assignee if the Contractors claim to amounts payable under this contract has been assigned. Q) Prior to making any payment, the Contracting Officer may require the Contractor to furnish receipts or other evidence of payment from all persons performing work and supplying material to the Contractor, if the Contracting Officer determines such evidence is necessary to substantiate claimed costs. (k) The PHA shall not; (1) determine or adjust any claims for payment or disputes arising there under between the Contractor and its subcontractors or material suppliers; or, (2) withhold any moneys for the protection of the subcontractors or material suppliers. The failure or refusal of the PHA to withhold moneys from the Contractor shall in nowise impair the obligations of any surety or sureties under any bonds furnished under this contract. 28. Contract Modifications (a) Only the Contracting Officer has authority to modify any term or condition of this contract. Any contract modification shall be authorized in writing. (b) The Contracting Officer may modify the contract unilaterally (1) pursuant to a specific authorization stated in a contract clause (e.g., Changes); or (2) for administrative matters which do not change the rights or responsibilities of the parties (e.g., change in the PHA address). All other contract modifications shall be in the form of supplemental agreements signed by the Contractor and the Contracting Officer. (c) When a proposed modification requires the approval of HUD prior to its issuance (e.g., a change order that exceeds the PHA's approved threshold), such modification shall not be effective until the required approval is received by the PHA. 29. Changes (a) The Contracting Officer may, at any time, without notice to the sureties, by written order designated or indicated to be a change order, make changes in the work within the general scope of the contract including changes: (1)In the specifications (including drawings and designs); (2)In the method or manner of performance of the work; (3) PHA -furnished facilities, equipment, materials, services, or site; or, (4) Directing the acceleration in the performance of the work. (b) Any other written order or oral order (which, as used in this paragraph (b), includes direction, instruction, interpretation, or determination) from the Contracting Officer that causes a change shall be treated as a change order under this clause; provided, that the Contractor gives the Contracting Officer written notice stating (1) the date, circumstances and source of the order and (2) that the Contractor regards the order as a change order. (c) Except as provided in this clause, no order, statement or conduct of the Contracting Officer shall be treated as a change under this clause or entitle the Contractor to an equitable adjustment. (d) If any change under this clause causes an increase or decrease in the Contractor's cost of, or the time required for the performance of any part of the work under this contract, whether or not changed by any such order, the Contracting Officer shall make an equitable adjustment and modify the contract in writing. However, except for a adjustment based on defective specifications, no proposal for any change under paragraph (b) above shall be allowed for any costs incurred more than 20 days (5 days for oral orders) before the Contractor gives written notice as required. In the case of defective specifications for which the PHA is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor in attempting to comply with the defective specifications. (e) The Contractor must assert its right to an adjustment under this clause within 30 days after (1) receipt of a written change order under paragraph (a) of this clause, or (2) the furnishing of a written notice un2ff paragraph (b) of this clause, by submittinga.written ;ttement describing the general nature a0ithg am2rt of IM proposal. If the facts justify it, thirtUracft Offcef rhay extend the period for submissio prosal m included in the notice required u�r arapph (bi above. No proposal by the Cont or an equit adjustment shall be allowed if a;zp aft nal payment under this contract. pppppp= (f) The Contractor's written proposa;RuitTe adjustment shall be submitted in form cLLa lump sum proposal supported with an itemized breakdwn of all increases and decreases in the contract in at least the following details: Previous editions are obsolete Page 10 of 19 form HUD -5370 (1/2014) Replaces form HUD -5370-A (1) Direct Costs. Materials (list individual items, the quantity and unit cost of each, and the aggregate cost); Transportation and delivery costs associated with materials; Labor breakdowns by hours or unit costs (identified with specific work to be performed); Construction equipment exclusively necessary for the change; Costs of preparation and/ or revision to shop drawings resulting from the change; Worker's Compensation and Public Liability Insurance; Employment taxes under FICA and FUTA; and, Bond Costs when size of change warrants revision. (2)Indirect Costs. Indirect costs may include overhead, general and administrative expenses, and fringe benefits not normally treated as direct costs. (3)Profit. The amount of profit shall be negotiated and may vary according to the nature, extent, and complexity of the work required by the change. The allowability of the direct and indirect costs shall be determined in accordance with the Contract Cost Principles and Procedures for Commercial Firms in Part 31 of the Federal Acquisition Regulation (48 CFR 1-31), as implemented by HUD Handbook 2210.18, in effect on the date of this contract. The Contractor shall not be allowed a profit on the profit received by any subcontractor. Equitable adjustments for deleted work shall include a credit for profit and may include a credit for indirect costs. On proposals covering both increases and decreases in the amount of the contract, the application of indirect costs and profit shall be on the net -change in direct costs for the Contractor or subcontractor performing the work. (g) The Contractor shall include in the proposal its request for time extension (if any), and shall include sufficient information and dates to demonstrate whether and to what extent the change will delay the completion of the contract in its entirety. (h) The Contracting Officer shall act on proposals within 30 days after their receipt, or notify the Contractor of the date when such action will be taken. (i) Failure to reach an agreement on any proposal shall be a dispute under the clause entitled Disputes herein. Nothing in this dause, however, shall excuse the Contractor from proceeding with the contract as changed. (j) Except in an emergency endangering life or property, no change shall be made by the Contractor without a prior order from the Contracting Officer. 30. Suspension of Work (a) The Contracting Officer may order the Contractor in writing to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the PHA. (b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer's failure to act within the time specified (or within a reasonable time if not specified) in this contract an adjustment shall be made for any increase in the cost of performance of the contract (excluding profit) necessarily caused by such unreasonable suspension, delay, or interruption and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor or for which any equitable adjustment is provided for or excluded under any other provision of this contract. (c) A claim under this cause shall not be allowed (1) for any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and, (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract. 31. Disputes (a) "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to the contract. A daim arising under the contract, unlike a claim relating to the contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim. The submission may be converted to a claim by complying with the requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. (b) Except for disputes arising under the clauses entitled Labor Standards - Davis Bacon and Related Acts, herein, all disputes arising under or relating to this contract, including any claims for damages for the alleged breach thereof which are not disposed of by agreement, shall be resolved under this clause. (c) All claims by the Contractor shall be made in writing and submitted to the Contracting Officer for a written decision. A claim by the PHA against the Contractor shall be subject to a written decision by the Contracting Officer. (d) The Contracting Officer shall, within 60 (unless otherwise indicated) days after receipt of the request, decide the claim or notify the Contractor of the date by which the decision will be made. (e) The Contracting Officers decision shall be final unless the Contractor (1) appeals in writing to a higher level in the PHA in accordance with the PHA's policy and procedures, (2) refers the appeal to an independent mediator or arbitrator, or (3) files suit in a court of competent jurisdiction. Such appeal must be made within (30 unless otherwise indicated) days after receipt of the Contracting Officers decision. (f) The Contractor shall proceed diligently with performance of this contract, pending final resolution of altrequest for relief, claim, appeal, or action arisEg under JErelating to the contract, and comply with anyrtisjon QWhe Contracting Officer. D� 2 32 Default n ZC :q C-) r r— (a) fT7 If the Contractor refuses or fails t-DITlecl.Whe wsr�, pr any separable part thereof, with tc en hat vV" insure its completion within the tlrwG p cifiy�in this contract, or any extension thereokr fails *eomplete said work within this time, the Contracting Officer may, by written notice to the Contractor, terminate the right to Previous editions me obsolete Page I I of 19 Corn HUD -5370 (1/2014) Replaces forn HOD -5370-A r ' co t' :rV c� G7 y proceed with the work (or separable part of the work) that has been delayed. In this event, the PHA may take over the work and complete it, by contract or otherwise, and may take possession of and use any materials, equipment, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the PHA resulting from the Contractor's refusal or failure to complete the work within the speed time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the PHA in completing the v"k. (b) The Contractor's right to proceed shall not be terminated or the Contractor charged with damages under this clause if— (1) The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include (i) acts of God, or of the public enemy, (ii) acts of the PHA or other governmental entity in either its sovereign or contractual capacity, (iii) acts of another contractor in the performance of a contract with the PHA, (iv) fires, (v) goods, (vi) epidemics, (vii) quarantine restrictions, (viii) strikes, (ix) freight embargoes, (x) unusually severe weather, or (xi) delays of subcontractors or suppliers at any tier arising from unforeseeable causes beyond the control and without the fault or negligence of both the Contractor and the subcontractors or suppliers; and (2) The Contractor, within days (10 days unless otherwise indicated) from the beginning of such delay (unless extended by the Contracting Officer) notifies the Contracting Officer in writing of the causes of delay. The Contracting Officer shall ascertain the facts and the extent of the delay. If, in the judgment of the Contracting Officer, the findings of fact warrant such action, time for completing the work shall be extended by written modification to the contract. The findings of the Contracting Officer shall be reduced to a written decision which shall be subject to the provisions of the Disputes clause of this contract. (c) If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been for convenience of the PHA. 33. Liquidated Damages (a) If the Contractor fails to complete the work within the time specified in the contract, or any extension, as specified in the clause entitled Default of this contract, the Contractor shall pay to the PHA as liquidated damages, the sum of $ Contracting Officer insert amount] for each day of delay. If different completion dates are specified in the contract for separate parts or stages of the work, the amount of liquidated damages shall be assessed on those parts or stages which are delayed. To the extent that the Contractor's delay or nonperformance is excused under another clause in this contract, liquidated damages shall not be due the PHA. The Contractor remains liable for damages caused other than by delay. (b) If the PHA terminates the Contractor's right to proceed, the resulting damage will consist of liquidated damages until such reasonable time as may be required for final completion of the work together with any increased costs occasioned the PHA in completing the work. (c) If the PHA does not terminate the Contractor's right to proceed, the resulting damage will consist of liquidated damages until the work is completed or accepted. 34. Termination for Convenience (a) The Contracting Officer may terminate this contract in whole, or in part, whenever the Contracting Officer determines that such termination is in the best interest of the PHA. Any such termination shall be effected by delivery to the Contractor of a Notice of Termination specifying the extent to which the performance of the work under the contract is terminated, and the date upon which such termination becomes effective. (b) If the performance of the work is terminated, either in whole or in part, the PHA shall be liable to the Contractor for reasonable and proper costs resulting from such termination upon the receipt by the PHA of a properly presented claim setting out in detail: (1) the total cost of the work performed to date of termination less the total amount of contract payments made to the Contractor; (2) the cost (including reasonable profit) of settling and paying claims under subcontracts and material orders for work performed and materials and supplies delivered to the site, payment for which has not been made by the PHA to the Contractor or by the Contractor to the subcontractor or supplier; (3) the cost of preserving and protecting the work already performed until the PHA or assignee takes possession thereof or assumes responsibility therefore; (4) the actual or estimated cost of legal and accounting services reasonably necessary to prepare and present the termination claim to the PHA; and (5) an amount constituting a reasonable profit on the value of the work performed by the Contractor. (c) The Contracting Officer will act on the Contractor's claim within days (60 days unless otherwise indicated) of receipt of the Contractor's daim. (d) Any disputes with regard to this clause are expressly made subject to the provisions of the Disputes clause of this contract. 35. Assignment of Contract The Contractor shall not assign or transfer any interest in this contract; except that claims for monies due or to become due from the PHA under the contract may be assigned to a bank, trust company, or other financial institution. Such assignments of claims shall only be made with the written concurrence of the Contracting Officer. If the Contractor is a partnership, P�i5 contract shall inure to the benefit of the surviving oPbmaining member(s) of such partnership z&pprova by the Contracting Officer. ;:En = a _. 36. Insurance n� -in F (a) Before commencing work, the Coat(i2lbr a each ('{� subcontractor shall furnish the PF1A' c icate n�# insurance showing the following cerin for d will insure all operations under th ontract-• (1) Workers' Compensation, in a ordan�th state or Territorial Workers' Compensation lawsco (2) Commercial General Liability with a combined single limit for bodily injury and property damage of not less than $ [Contracting Officer insert amount] Previous editions are obsolete Page 12 of 19 forth HUD -5370 (112014) Replaces form HUD -5370-A per occurrence to protect the Contractor and each subcontractor against claims for bodily injury or death and damage to the property of others. This shall cover the use of all equipment, hoists, and vehicles on the site(s) not covered by Automobile Liability under (3) below. If the Contractor has a made" policy, then the following additional requirements apply: the policy must provide a "retroactive date" which must be on or before the execution date of the Contract; and the extended reporting period may not be less than five years following the completion date of the Contract. (3) Automobile Liability on owned and non -owned motor vehicles used on the site(s) or in connection therewith for a combined single limit for bodily injury and property damage of not less than $ [Contracting Officer insert amount] per occurrence. (b) Before commencing work, the Contractor shall furnish the PHA with a certificate of insurance evidencing that Builder's Risk (fire and extended coverage) Insurance on all work in place and/or materials stored at the building site(s), including foundations and building equipment, is in force. The Builder's Risk Insurance shall be for the benefit of the Contractor and the PHA as their interests may appear and each shall be named in the policy or policies as an insured. The Contractor in installing equipment supplied by the PHA shall carry insurance on such equipment from the time the Contractor takes possession thereof until the Contract work is accepted by the PHA. The Builder's Risk Insurance need not be carried on excavations, piers, footings, or foundations until such time as work on the superstructure is started. It need not be carried on landscape work. Policies shall furnish coverage at all limes for the full cash value of all completed construction, as well as materials in place and/or stored at the site(s), whether or not partial payment has been made by the PHA. The Contractor may terminate this insurance on buildings as of the date taken over for occupancy by the PHA. The Contractor is not required to carry Builder's Risk Insurance for modernization work which does not involve structural alterations or additions and where the PHA's existing fire and extended coverage policy can be endorsed to include such work. (c) All insurance shall be carried with companies which are financially responsible and admitted to do business in the State in which the project is located. If any such insurance is due to expire during the construction period, the Contractor (including subcontractors, as applicable) shall not permit the coverage to lapse and shall furnish evidence of coverage to the Contracting Officer. All certificates of insurance, as evidence of coverage, shall provide that no coverage may be canceled or non - renewed by the insurance company until at least 30 days prior written notice has been given to the Contracting Officer. 37. Subcontracts (a) Definitions. As used in this contract - (1) "Subcontract" means any contract, purchase order, or other purchase agreement, including modifications and change orders to the foregoing, entered into by a subcontractor to furnish supplies, materials, equipment, and services for the performance of the prime contract or a subcontract. (2)'Subcontractor" means any supplier, vendor, or fine that furnishes supplies, materials, equipment, or services to or for the Contractor or another subcontractor. (b) The Contractor shall not enter into any subcontract with any subcontractor who has been temporarily denied participation in a HUD program or who has been suspended or debarred from participating in contracting programs by any agency of the United States Government or of the state in which the work under this contract is to be performed. (c) The Contractor shall be as fully responsible for the ads or omissions of its subcontractors, and of persons either directly or indirectly employed by them as for the acts or omissions of persons directly employed by the Contractor. (d) The Contractor shall insert appropriate clauses in all subcontracts to bind subcontractors to the terms and conditions of this contract insofar as they are applicable to the work of subcontractors. (e) Nothing contained in this contract shall create any contractual relationship between any subcontractor and the PHA or between the subcontractor and HUD. 38. Subcontracting with Small and Minority Firms, Women's Business Enterprise, and Labor Surplus Area Firms The Contractor shall take the following steps to ensure that, whenever possible, subcontracts are awarded to small business firms, minority firms, women's business enterprises, and labor surplus area firms: (a) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (b) Ensuring that small and minority businesses and women's business enterprises are solicited whenever they are potential sources; (c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises; (d) Establishing delivery schedules, where the requirements of the contract permit, which encourage participation by small and minority businesses and women's business enterprises; and (e) Using the services and assistance of the U.S. Small Business Administration, the Minority Business Development Agency of the U.S. Department of Commerce, and State and local governmental small business agencies. 0 39. Equal Employment Opporturyco x ''�'� During the performance of thisTAnct, Contra�dF agrees as follows: (a) The Contractor shall not discrim agzt any employee or applicant for emp o t because, calor, religion, sex, national ongin,P1ha p. 1 •' (b) The Contractor shall take affection o ens re at applicants are employed, and Ma plofes are treated during employment without reg3[i J to thegrace, color, religion, sex, national origin, or handicap..Mich action shall include, but not be limited to, (1) employment, (2) upgrading, (3) demotion, (4) transfer, (5) recruitment or recruitment advertising, (6) layoff or termination, (7) rates of pay or other forms of compensation, and (8) selection for training, including apprenticeship. Previous editions are obsolete Page 13 of 19 font HUD -5370 (1/2014) Replaces forth HUD -5370-A (c) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause. (d) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, or handicap. (e) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment. (f) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor. (g) The Contractor shall furnish all information and reports required by Executive Order 11246, as amended, Section 503 of the Rehabilitation Act of 1973, as amended, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto. The Contractor shall permit access to its books, records, and accounts by the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (h) In the event of a determination that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor may be declared ineligible for further Government contracts, or Federally assisted construction contracts under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended, the rules, regulations, and orders of the Secretary of Labor, or as otherwise provided by law. (i) The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order unless exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor. The Contractor shall take such action with respect to any subcontract or purchase order as the Secretary of Housing and Urban Development or the Secretary of Labor may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. Q) Compliance with the requirements of this clause shall be to the maximum extent consistent with, but not in derogation of, compliance with section 7(b) of the Indian Self -Determination and Education Assistance Act and the Indian Preference clause of this contract. 40. Employment, Training, and Contracting Opportunities for Low -Income Persons, Section 3 of the Housing and Urban Development Act of 1968. (a) The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. (b) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. (c) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. (d) The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. (e) The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135. (f) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. (g) With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self -Determination and Education AMtance Act (25 U.S.C. 450e) also applies to a work tGe performed under this contract. S 7(btquire"" to the greatest extent feasible (i) _ ncnd , 11 opportunities for training and emp nt II be to Indians, and (ii) preference int a and g:contrs and subcontracts shall be given t o organizatip — and Indianowned Economic Ent er m2s. P=ies t t contract that are subject to the prFTyMs cFFectio��'�'''� and section 7(b)agree to comply y�tr�ectiGl 3 to thh� maximum extent feasible, but not>derogin of compliance with section 7(b). pp Previous editions are obsolete Page 14 of 19 form HUD -5370 (1/2014) Replaces form HUD -5370-A 41. Interest of Members of Congress No member of or delegate to the Congress of the United States of America shall be admitted to any share or part of this contract or to any benefit that may arise therefrom. 42. Interest of Members, Officers, or Employees and Former Members, Officers, or Employees No member, officer, or employee of the PHA, no member of the governing body of the locality in which the project is situated, no member of the governing body of the locality in which the PHA was activated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the project, shall, during his or her tenure, or for one year thereafter, have any interest, direct or indirect, in this contract or the proceeds thereof. 43. Limitations on Payments made to Influence Certain Federal Financial Transactions (a) The Contractor agrees to comply with Section 1352 of Title 31, United States Code which prohibits the use of Federal appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions: the awarding of any Federal contract; the making of any Federal grant; the making of any Federal loan; the entering into of any cooperative agreement; or the modification of any Federal contract, grant, loan, or cooperative agreement. (b) The Contractor further agrees to comply with the requirement of the Act to furnish a disclosure (OMB Standard Form LLL, Disclosure of Lobbying Activities) if any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a Federal contract, grant, loan, or cooperative agreement. 44. Royalties and Patents The Contractor shall pay all royalties and license fees. It shall defend all suits or claims for infringement of any patent rights and shall save the PHA harmless from loss on account thereof; except that the PHA shall be responsible for all such loss when a particular design, process or the product of a particular manufacturer or manufacturers is specked and the Contractor has no reason to believe that the specified design, process, or product is an infringement. If, however, the Contractor has reason to believe that any design, process or product specified is an infringement of a patent, the Contractor shall promptly notify the Contracting Officer- Failure to give such notice shall make the Contractor responsible for resultant loss. 45. Examination and Retention of Contractor's Records (a) The PHA, HUD, or Comptroller General of the United States, or any of their duly authorized representatives shall, until 3 years after final payment under this contract, have access to and the right to examine any of the Contractors directly pertinent books, documents, papers, or other records involving transactions related to this contract for the purpose of making audit, examination, excerpts, and transcriptions. (b) The Contractor agrees to include in first-tier subcontracts under this contract a clause substantially the same as paragraph (a) above. "Subcontract," as used in this clause, excludes purchase orders not exceeding $10,000. (c) The periods of access and examination in paragraphs (a) and (b) above for records relating to (1) appeals under the Disputes dause of this contract, (2) litigation or settlement of claims arising from the performance of this contract, or (3) costs and expenses of this contract to which the PHA, HUD, or Comptroller General or any of their duly authorized representatives has taken exception shall continue until disposition of such appeals, litigation, claims, or exceptions. 46. Labor Standards - Davis -Bacon and Related Acts If the total amount of this contract exceeds $2,000, the Federal labor standards set forth in the clause below shall apply to the development or construction work to be performed under the contract. (a) Minimum Wages. (1) All laborers and mechanics employed under this contract in the development or construction of the project(s) involved will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(bx2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(aX1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the regular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(ax4). Laborers or mechanics lWorming work in more than one classificati ay bt1= compensated at the rate specifie {tepch rt3ssifcati for the time actually worked there Qy' tp,�vid that then employers payroll records accurEtely,�et fo the ti spent in each classification in whieltdc isyeAoMV The wage determination (includinggppadditional CM classification and wage rates confbaM urT 29 5.5(ax1 xii) and the Davis -Bacon � ( x1321 )ETt'"?fl Previous editions are obsolete Page 15 of 19 faro HUDA1970 (1/2014) Replaces faro HUD -5370-A W be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (2) (i) Any Gass of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when all the following criteria have been mel: (A) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (B) The classification is utilized in the area by the construction industry; and (C) The proposed wage rale, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (ii) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employee Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (iii) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator of the Wage and Hour Division for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (iv) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (ax2xii) or (iii) of this clause shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in classification. (3) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (4) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the Previous editions are obsolet Replaces form HUD -5370-A amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (b) Withholding of funds. HUD or its designee shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same prime Contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working in the construction or development of the project, all or part of the wages required by the contract, HUD or its designee may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the Contractor, disburse such amounts withheld for and on account of the Contractor or subcontractor to the respective employees to whom they are due. (c) Payrolls and basic records. (1) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working in the construction or development of the project. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found, under 29 CFR 5.5(a)(1)(iv), that the wages of any laborer or mechanic include the amount of costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2XB) of the Davis -Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors Mploying apprentices or trainees underaprovecMograms shall maintain written evidenqefte r®ri tstratiop,p� apprenticeship programs ane$(t�catof train programs, the registration of #tp4pre)1<Ices amt trainees, and the ratios and M;&1atewfescriF Tn the applicable programs. ;Cr— _m R (2) (1) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Contracting Officer for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under subparagraph (cx1) of this clause. This information may be submitted in any form desired. Optional Form WH -347 (Federal Stock Number 029-005-00014-1) is available for this purpose and may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The Contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1214-0149.) (ii) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certfy the following: (A) That the payroll for the payroll period contains the information required to be maintained under paragraph (c) (1) of this clause and that such information is correct and complete; (B) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; and (C) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (iii) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirements for submission of the "Statement of Compliance" required by subparagraph (c)(2)(ii) of this clause. (iv) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code. (3) The Contractor or subcontractor shall make the records required under subparagraph (cx1) available for inspection, copying, or transcription by authorized representatives of HUD or its designee, the Contracting Officer, or the Department of Labor and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (d) (1) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship and Training, Employer and Labor Services (OATELS), or with a State Apprenticeship Agency recognized by OATELS, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by OATELS or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as slated in this paragraph, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event OATELS, or a State Apprenticeship Agency recognized by OATELS, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the -work performed until an acceptable program is approved. CD m (2) Trainees. Except as provid E29 CiE 5.16,■ , trainees will not be permitt to-*orkW less *@wthe predetermined rate for the QFRFerft-led uuu they are employed pursuant to a"&-ndividGally r ed in a program which has receior aVroval evidenced by formal certify t=U.S. Department of Labor, Emp t apd"Traim yp Administration. The ratio o inees t 'ourneymen on the job site shall not be greater than Z6mitted under Previous editions are obsolete Page 17 of 19 form HUD -5370 (1/2014) Replaces form HUD -5370-A the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rale specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed in the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate in the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate in the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate in the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (3) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under this clause shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. (e) Compliance with Copeland Act requirements. The Contractor shall comply with the requirements of 29 CFR Part 3, which are hereby incorporated by reference in this contract. (f) Contract termination; debarment. A breach of this contract clause may be grounds for termination of the contract and for debarment as a Contractor and a subcontractor as provided in 29 CFR 5.12. (g) Compliance with Davis -Bacon and related Act requirements. All rulings and interpretations of the Davis - Bacon and related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. (h) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this clause shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the PHA, HUD, the U.S. Department of Labor, or the employees or their representatives. (i) Certification of eligibility. (1) By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded contracts by the United States Government by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). Previous editions are obsolett Replaces form HUD -5370-A (2) No part of this contract shall be subcontracted to any person or firm ineligible for award of a United States Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (3) The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U.S.C. 1001. 0) Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics, including watchmen and guards, shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the provisions set forth in subparagraph (j)(1) of this clause, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic (including watchmen and guards) employed in violation of the provisions set forth in subparagraph 0)(1) of this clause, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by provisions set forth in subparagraph 0)(1) of this clause. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any Federal contract with the same prime Contractor, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the provisions set forth in subparagraph (jx2) of this clause. (k) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts all the provisions contained in this clause, and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these provisions in any lower tier subcontracts. The prime Contractor shall be responsible for the corrance by any subcontractor or lower tier subc('actor vM all these provisions. i = —e r— i -ter ..... Page 18 of 19 r r OD 47. Non -Federal Prevailing Wage Rates (a) Any prevailing wage rate (including basic hourly rate and any fringe benefits), determined under State or tribal law to be prevailing, with respect to any employee in any trade or position employed under the contract, is inapplicable to the contract and shall not be enforced against the Contractor or any subcontractor, with respect to employees engaged under the contract whenever such non -Federal prevailing wage rate exceeds: (1) The applicable wage rate determined by the Secretary of Labor pursuant to the Davis -Bacon Act (40 U.S.C. 3141 at seq.) to be prevailing in the locality with respect to such trade; (b) An applicable apprentice wage rate based thereon specified in an apprenticeship program registered with the U.S. Department of Labor (DOL) or a DOL - recognized State Apprenticeship Agency; or (c) An applicable trainee wage rate based thereon specked in a DOL -certified trainee program. 48. Procurement of Recovered Materials. (a) In accordance with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, the Contractor shall procure items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. The Contractor shall procure items designated in the EPA guidelines that contain the highest percentage of recovered materials practicable unless the Contractor determines that such items: (1) are not reasonably available in a reasonable period of time; (2) fail to meet reasonable performance standards, which shall be determined on the basis of the guidelines of the National Institute of Standards and Technology, if applicable to the item; or (3) are only available at an unreasonable price. (b) Paragraph (a) of this clause shall apply to items purchased under this contract where: (1) the Contractor purchases in excess of $10,000 of the item under this contract; or (2) during the preceding Federal fiscal year, the Contractor: (i) purchased any amount of the items for use under a contract that was funded with Federal appropriations and was with a Federal agency or a State agency or agency of a political subdivision of a State; and (ii) purchased a total of in excess of $10,000 of the item both under and outside that contract. Previous editions are obsolete Page 19 of 19 form HUD -5370 (1/2014) Replaces form HUD -5370-A N 0 � m 4C r 4�m :<m -v � = 0 zl_TK r v �- to Previous editions are obsolete Page 19 of 19 form HUD -5370 (1/2014) Replaces form HUD -5370-A Maintenance Wage Rate Decision Agency Name: Iowa City Housing Authority 410 E Washington Street Iowa City, IA 52240 FY 2018 Anoroved - Contract Maintenance U.S. Department of Housing and Urban Development Office of Labor Relations IA022 Effective Date: 07/01/2017 HUD FORM 52158 (06/2006) ❑ Routine Maintenance ® Nonroutine Maintenance Expiration Date: 06/30/2018 The following wage rate determination is made pursuant to Section 12(a) of the U.S. Housing Act of 1937, as amended, (public housing agencies), or pursuant to Section 104(b) of the Native American Housing Assistance and Self-determination Act of 1996, as amended, (Indian housing agencies). The agency and its contractors may pay to maintenance laborers and mechanics no less than the wage rate(s) indicated for the type of work they actually perform. William Moore (Signed) -//ss// Contractor Industrial Labor Relations Specialist, Davis -Bacon and Labor 05/01/2017 Standards (DBLS)_Division HUD Labor Relations Date (Name, Title, Signature) WORK CLASSIFICATION(S) HOURLY WAGE RATES BASIC WAGE I FRINGE BENEFIT(S) (if any) N C:> _n _O m m M g� = r 0 l0 Housekeeper Landscape/Groundskeeper Pesticied Handlers Electrician Painters Plumbers Roofers Carpenters HVAC Technician The HUD Davis -Bacon and Labor Standards (DBLS) Division establishes and issues prevailing maintenance wage rates for maintenance workers/services (employee and contractors) performing maintenance work at low-income public housing units owned/operated by Public Housing Authorities. Authorities may not pay less than these rates. Questions on these rates may be addressed to the approving authority at 913.551.5577. POST in an area of the housing authority that is visible and accessible to all maintenance workers. $13.54 $0.00 $13.98 $0.00 $16.12 $0.00 $24.16 $0.00 $16.36 $0.00 $28.23 $0.00 $18.15 $0.00 $18.55 $0.00 $27.67 $0.00 ❑The agency employee benefit program has been determined by HUD to be acceptable for meeting the prevailing fringe benefit requirements. (HUD labor Relations'. If applicable, check box and initial below.) LK Stag Initial N FOR HUD USE ONLY Q� T �%ireci Iowa City Public Housing Roofing and Siding Replacement Project PRE-BID MEETING February 1, 2018 10:00 AM ATTENDANCE RECORD NAMF ORGANIZATION PHONE # Email Brett Zimmerman City of Iowa City Engineering 356-5044 Brett-Zimmerman@iowa-citv.gov Mark Richardson Centennial Home Imp. 563-888-5501 centennial hic(cDoutlook.com Mike Richardson Iron Hill Construction, LLC 515-720-7163 mrichardsonna.ironhillllc.com Larry Guire Waddle Exteriors 515-520-9874 larry(a)waddleexteriors.com J. L. Lenz Construction 319-331-9229 lenzconstructionworks(a)gmail.com Zach Capton Stoneking Enterprises 319-471-3668 zcapton(cDmchsi.com Jason Darnell Darnell Construction 319-521-5939 darnellconstruction(a)fmtcs.com John V. Olde Town Roofing 309-738-5550 seanvRoldetownroofing.com Jessica Andino Andino Construction, LLC 319-471-7527 alex andinoconstruction(a gmail.com Randy Wessling Randy Wessling Construction 319-430-3209 r.wessling((Dmchsi.com Luke Anderson Building Resource Group 319-846-2762 lukeandersonrrc@gmail.com Dan & Greg Saunders Pa's Construction 319-480-7883 Dan2112411(5yahoo.com N O �52 p 0� r 'T�' r Prepared by: Brett Zimmerman, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 Resolution No. 18-302 Resolution accepting the work for the Iowa City Public Housing Roofing and Siding Replacement Project. Whereas, the Engineering Division has recommended that the work for construction of the City of Iowa City Public Housing Roofing and Siding Project, as included in a contract between the City of Iowa City and Pa's Construction LLC of Hiawatha, Iowa, dated March 14, 2018, be accepted; and Whereas, the Engineer's 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 account #00001; and Whereas, the final contract price is $280,874.00 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 6th day of november , 2018 Ma or Attest: �7L&— , Ci Clerk A oved by 1&/ City Attorney's Office It was moved by salih and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Cole Dickens Mims Taylor Teague Thomas Throgmorton a