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HomeMy WebLinkAboutWASTEWATER TMT FACILITY INFLUENT CHANNEL MODIFICATIONNS PROJECTWASTEWATER TREATMENT FACILITY INFLUENT CHANNEL MODIFICATIONS PROJECT 02 -Jul -2018 Plans, Specs, proposal and contract, opinion of cost. 03 -Jul -2018 Res 18-201, setting a public hearing 11 -Jul -2018 Notice of publication 17 -Jul -2018 Res 18-212, approving plans, specs, form of agreement and estimate of cost. 18 -Jul -2018 Notice to Bidders 07 -Aug -2018 Res 18-220 awarding contract (Tricon General Construction) 17 -Aug -2018 Form of Agreement (Tricon General Construction) 08 -Dec -2018 Performance and payment bond (Tricon General Construction Inc.) O8 -Jan -2019 Res 19-2, accepting the work CITY OF IOWA CITY DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION PLANS, SPECIFICATIONS, PROPOSAL AND CONTRACT FOR CITY OF IOWA CITY INFLUENT CHANNEL MODIFICATIONS PROJECT IOWA CITY, IOWA June 28, 2018 0 m N m D ^' r NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR THE INFLUENT CHANNEL MODIFICATIONS PROJECT IN THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a public hearing on plans, specifications, form of contract and estimated cost for the construction of the Iowa City Influent Channel Modifications Project in said city at 7:00 p.m. on the �3 tday of July, 2018, said meeting to be held in the Emma J. Harvat Hall in the City Hall, 410 E. Washington Street in said city, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Said plans, specifications, form of contract and estimated cost are now on file in the office of the City Clerk in the City Hall in Iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said 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. KELLIE FRUEHLING, CITY CLERK 6 o m :;:E C-) c n -< r -� c7 N 'gym v nx N ro SPECIFICATIONS TABLE OF CONTENTS TITLE SHEET TABLE OF CONTENTS Paqe Number NOTICE TO BIDDERS............................................................................................ AF -1 NOTE TO BIDDERS............................................................................................... NB -1 FORMOF PROPOSAL........................................................................................... FP -1 BIDBOND............................................................................................................... BB -1 FORM OF AGREEMENT........................................................................................ AG -1 PERFORMANCE AND PAYMENT BOND.............................................................. PB -1 CONTRACT COMPLIANCE (ANTI -DISCRIMINATION REQUIREMENTS)................................................... CC -1 BIDDER STATUS FORM........................................................................................ BF -1 WAGE THEFT POLICY.......................................................................................... WT -1 GENERAL CONDITIONS........................................................................................ GC -1 SUPPLEMENTARY CONDITIONS......................................................................... SPoI m on � "(j ATTACHMENT: OWNERS SAFETY PROGRAM r= - N rn ATTACHMENT: TECHNICAL SPECIFICATIONS CD ATTACHMENT: DRAWINGS x N F NOTICE TO BIDDERS CITY OF IOWA CITY INFLUENT CHANNEL MODIFICATIONS PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 31st day of July, 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 7"' day of August, 2018, or at special meeting called for that purpose. A prebid conference will be held at 10:00 a.m. on July 25, 2018 at the Wastewater Treatment Plant, 4366 Napoleon Street SE, Iowa City, Iowa. Representatives of Owner will be present to discuss the Project. Bidders' tour of the treatment plant facilities being modified will immediately follow conclusion of pre-bid meeting (approximately 11:00 a.m.) The Project will involve the following: General construction at the City of Iowa Wastewater Treatment Plant, 4366 Napoleon Street SE, Iowa City, IA. Work will modifications to concrete influent channel including construction of fillets and divider wall and associated modifications while maintaining continuity of plant flow. All work is to be done in strict compliance with the plans and specifications prepared by Stanley Consultants, Inc, of Muscatine, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be 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 5% of the bi The bid security shall be made payable to the TREASURER OF THE CITY OF IOWAMITY, IOWA, and shall be forfeited to the City of Iowa City in the event the succes Ai&2fails— 1 to enter into a contract within ten (10) calendar days of the City Council'=�rdFK the. contract and post bond satisfactory to the City ensuring the faithful performai4ce of ther contract and maintenance of said Project, if required, pursuant to the pro ' s o�'this' notice and the other contract documents. The City shall retain the bid secur urihed by the successful bidder until the approved contract form has been executes or14has0 been filed by the bidder guaranteeing the performance of the contract; ancwe c4ract and bond have been approved by the City. The City shall promptly return the cheeks 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 hun- dred 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 two (2) year(s) from and after its completion and formal acceptance by the City Council. AF -1 The following limitations shall apply to this Project: Substantial Completion Date: October 26, 2018 Specified Completion Date: November 9, 2018 Specified Start Date: August 21, 2018 Liquidated Damages: $500 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 $50.00 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. 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 o n D� r �n N �r m v rn D AF -2 NOTE TO BIDDERS 1. 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. 2. References shall be addressed to the City Engineer and include the name, address and phone number of the contact person, for City verification. 3. Bid submittals are: Envelope 1: Envelope 2: Bid Bond and Bidder Status Form Form of Proposal NB -1 e_ o f7 m L s 0 D N FORM OF PROPOSAL CITY OF IOWA CITY INFLUENT CHANNEL MODIFICATIONS PROJECT CITY OF IOWA CITY NOTICE TO BIDDERS: PLEASE DO NOT USE THE FORM OF PROPOSAL INCLUDED IN THE BOUND VOLUME OF THE SPECIFICATIONS. SEPARATE COPIES OF THIS FORM ARE CON- TAINED WITHIN THE BACK COVER OF THIS DOCUMENT. Name of Bidder Address of Bidder TO: City Clerk City of Iowa City City Hall 410 E. Washington St. Iowa City, IA 52240 The undersigned bidder submits herewith bid security in the amount of , in accordance with the terms set forth in the "Project Specifications." The undersigned bidder, having examined and determined the scope of the Contract Documents, hereby proposes to provide the required labor, services, materials and equipment and to perform the Project as described in the Contract Documents, including Addenda and , 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. Lump Sum Bid Price: (words) _ o ($ )'t. (figures) Cash and contingency allowances specified in Section 01 20 00 are included in the prX4J9J sel*Mrth r above and have been computed in accordance with the General Conditions. -<m -y M The basis of contract award, if awarded, will be the lowest responsive, responslee bidder of the base bid plus any or all add alternates that are determined to be in the best interest of ifie Owner. The Owner reserves the right to reject any and all bids. The names of those persons, firms, companies or other parties with whom we intend to enter into a subcontract, together with the type of subcontracted work and approximate dollar amount of the subcontract, are as follows: Name: Type of Work: Appx $ Amnt: FP -1 NOTE: All subcontractors are subject to approval by City. The undersigned bidder certifies that this proposal is made in good faith, and without collusion or connection with any other person or persons bidding on the work. The undersigned bidder states that this proposal is made in conformity with the "Contract Documents' and agrees that, in the event of any discrepancies or differences between any conditions of this proposal and the "Contract Documents" prepared by the City of Iowa City, the more specific shall prevail. Firm: Signature: Printed Name: Title: Address: Phone: Contact: C) ` 'n s D N FP -2 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 the Influent Channel Modifications 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 obligatlrs of said Surety and its bond shall in no way be impaired or affected by any extensioEpf thecMne n which the Owner may accept such Bid or may execute such contract documeradpid Su y does hePeby waive notice of any such time extension. 1!0=ac The Principal and the Surety hereto execute this bid bond this -er -0 daft A.D., 20_ v� N r Witness Witness RM (Seal) Principal By (Title) (Seal) Surety By (Attorney-in-fact) Attach Power-of-Attomey 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 day of , 2018, for the City of Iowa City Influent Channel Modifications 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 Contractor hereby agrees to perform the Project for the sums listed in its Form of Proposal including the total extended amount of $ which sums are incorporated herein by this reference. 2. Contract Times: N C*_ a. The Work will be substantially completed on or before Octol$�6, �18, =pL completed and ready for final payment in accordance with p4Q3p�5.06 a�> the General Conditions on or before November 9, 2018. n -G I�-- �n N mm b. Liquidated Damages. Contractor and Owner recognize thele of lhE, essence as stated in Paragraph 4.1 above and that Owner a5siffeilnanAo and other losses if the Work is not completed and Milesto* notahieved within the times specified in Paragraph 4.2 above, plus any extensions -thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): Substantial Completion: Contractor shall pay Owner $500 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.2 above for Substantial Completion until the Work is substantially complete. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $500 for each day AG -1 that expires after such time until the Work is completed and ready for final payment. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently. Milestones: Contractor shall pay Owner $500 for each day that expires after the duration (as duly adjusted pursuant to the Contract) specified above for achievement of each Milestones if any, until each Milestone is achieved. 3. This Agreement consists of the following additional component parts which are incorporated herein by reference: a. Addenda Numbers attached hereto; b. Plans; d. Technical Specifications and Supplementary Conditions; e. Performance and Payment Bond; f. Contractor's Completed Bidder Status Form; attached hereto; g. Contractor's Completed Assurance of Contract Compliance Program (Anti - Discrimination Requirements), attached hereto; h. Completed Form of Proposal; and This Instrument. The above components are deemed complementary and should be read together. In the event of a discrepancy or inconsistency, the more specific provision shall prevail. 71 C) m D—n� r �n N _� r 5� _ m D x N C7 r AG -2 4. The names of subcontractors acknowledged by City, together with quantities, unit prices, and extended dollar amounts, are as follows (or shown on an attachment): Name: Quantity: Unit Price: $ Amnt: DATED this day of CCS By Mayor ATTEST: City Clerk AG -3 20 Contractor ATTEST: , m Title D--� r (Compan F4�ial�4 f" om M Approved By: D= N N City Attorney's Office 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 City of Iowa City Influent Channel Modifications 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 Stanley Consultants, Inc., 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. a C_ B. Whenever Contractor shall be, and is declared by Owner to be, �dfaG,t undffihe Agreement, the Owner having performed Owner's obligations thereurthMure ay .m promptly remedy the default, or shall promptly: = Q �� N 1. Complete the Project in accordance with the terms andy�Conditigis of the Agreement, or 2. Obtain a bid or bids for submission to Owner for completing the Project in accordance with the terms and conditions of the Agreement; and upon determina- tion by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available, as work progresses (even though there may be a default or a succession of defaults under the Agreement or subsequent contracts of completion arranged under this paragraph), sufficient k_ x funds to pay the cost of completion, less the balance of the Contract Price, but not exceeding the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Agreement, together with any addenda and/or amendments thereto, less the amount properly paid by Owner to Contractor. C. The Contractor and Contractor's Surety shall be obligated to keep the improvements covered by this bond in good repair for a period of Two (2) years from the date of formal acceptance of the improvements by the Owner. D. No right of action shall accrue to or for the use of any person, corporation or third party other than the Owner named herein or the heirs, executors, administrators or successors of Owner. IT IS A FURTHER CONDITION OF THIS OBLIGATION that the Principal and Surety, in accordance with provisions of Chapter 573, Code of Iowa, shall pay to all persons, firms or corporations having contracts directly with the Principal, including any of Principal's subcontrac- tors, all claims due them for labor performed or materials furnished in the performance of the Agreement for whose benefit this bond is given. The provisions of Chapter 573, Code of Iowa, are a part of this bond to the same extent as if it were expressly set out herein. SIGNED AND SEALED THIS IN THE PRESENCE OF: Witness Witness DAY OF v co gn G201aT C -)_4N r' _m (Principal) !�;� �? �Pr N (Title) (Surety) (Title) (Street) (City, State, Zip) (Phone) Contract Compliance Program t r � CITY OF 1OVVA CITY m 0 SECTION I - GENERAL POLICY STATEMENT It is the policy of the City of Iowa City to require equal employment opportunity in all City contract work. This policy prohibits discrimination by the City's contractors, consultants and vendors and requires them to ensure that applicants seeking employment with them and their employees are treated equally without regard to race, color, creed, religion, national origin, sex, gender identity, sexual orientation, disability, marital status, and age. It is the City's intention to assist employers, who are City contractors, vendors or consultants, in designing and implementing equal employment opportunity so that all citizens will be afforded equal accessibility and opportunity to gain and maintain employment. PROVISIONS: 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, JWdors, and consultants are made aware of the City's Contract Compliance 2twrp repffling responsibilities and receive the appropriate reporting forms. A notification ofxegairents e included in any request for proposal and notice of bids. -v rn 4. Prior to execution of the contract, the completed and signed Assurance of Camliaile (Ic"d on pages CC -2 and CC -3) or other required material must be received and a(�edly the`Cii y. 1�' N 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 section 2-3-1. m g r\a sst\contractcom pl i ance. doc CC -1 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 seg.) 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_Equatmployment Opportunity Officer? C-) (Please print),;, r <rnEpo iT) Phone number Address �� rf D' F 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. mgr\asst\contractcompliance.doc CC -2 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 Phone Number Signature Title Print Name Date mgr\asst\contractcompliance.doc CC -3 .29 CID v mgr\asst\contractcompliance.doc CC -3 SECTION III - SUGGESTED STEPS TO ASSURE EQUAL EMPLOYMENT OPPORTUNITIES COMPANY POLICY Determine your company's policy regarding equal employment opportunities. Document the policy and post it in a conspicuous place so that it is known to all your employees. Furthermore, disseminate the policy to all potential sources of employees and to your subcontractors asking their cooperation. The policy statement should recognize and accept your responsibility to provide equal employment opportunity in all your employment practices. In regard to dissemination of this policy, this can be done, for example, through the use of letters to all recruitment sources and subcontractors, personal contacts, employee meetings, web page postings, employee handbooks, and advertising. 2. EQUAL EMPLOYMENT OPPORTUNITY OFFICER Designate an equal employment opportunity officer or, at minimum, assign someone the responsibility of administering and promoting your company's Equal Employment Opportunity program. This person should have a position in your organization which emphasizes the importance of the program. 3. INSTRUCT STAFF Your staff should be aware of and be required to abide by your Equal Employment Opportunity program. All employees authorized to hire, supervise, promote, or discharge employees or are involved in such actions should be trained and required to comply with your policy and the current equal employment opportunity laws. 4. RECRUITMENT (a) � Let potential employees know you are an equal opportunity employer. This can be done by identifying yourself on all recruitment advertising as "an equal opportunity employer". (b) Use recruitment sources that are likely to yield diverse applicant pools. Word-of-mouth recruitment will only perpetuate the current composition of your workforce. land recruitment sources a letter annually which reaffirms your commitment to equal emp8ymerftppoty and requests their assistance in helping you reach diverse applicant pools. 'fin (c) Analyze and review your company's recruitment procedures to 'Noify r and vokininate discriminatory barriers. -C') w (d) Select and train persons involved in the employment process to use objed� s= dar lnd to support equal employment opportunity goals. pyo (e) Review periodically job descriptions to make sure they accurately refleaEfAiajo&lob functions. Review education and experience requirements to make sure they$ccuraijoy 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. 12/01 mgrlassflconlractcompliance.doc CC -4 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. �n19 e`7 CC -5 r m 0 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 to discharge any employee because of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation. (Ord. 03-4105, 12-16- 2003) B. It shall be unlawful for any labor organization to refuse to admit to membership, apprenticeship or training an applicant, to expel any member, or to otherwise discriminate against any applicant for membership, apprenticeship or training or any member in the privileges, rights or benefits of such membership, apprenticeship or training because of age, color, 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, miscarria childbirth and recovery therefrom are, for all job related purposes, terooraryabiM and shall be treated as such under any health or temporary disability i en' or siek- leave plan available in connection with employment or any written or u en � remployment policies and practices involving terms and conditions of elep) ment as m applied to other temporary disabilities.= Q C� N E. It shall be unlawful for any person to solicit or require as a condition of emplbymenfaf 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. F. The following are exempted from the provisions of this section: CC -6 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 or 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) 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 qu*ication shall be interpreted narrowly. (Ord. 03-4105, 12-16-2003) p CM *n s= M Any employer who regularly employs less than four (4) individuals. For pe of this. section, individuals who are members of the employer's family shall not tFqurRt9tl as, employees. (Ord. 08-4312, 8-11-2008) v D p CC -7 SAMPLE: EQUAL EMPLOYMENT OPPORTUNITY POLICY To all employees of This Company and its employees shall not discriminate against any employee or applicant for employment based on his or her age, color, creed, disability, national origin, gender identity, marital status, race, religion, sex, or sexual orientation. The anti -discrimination policy extends to decisions involving hiring, promotion, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Further, this Company and its employees will provide a working environment free from such discrimination. All employees are encouraged to refer minority and women applicants and applicants with disabilities for employment. The Equal Employment Opportunity Officer for the is: Name: Address: Telephone Number: NOTE: This is a SAMPLE ONLY. You may wish to confer with your EEO officer or Ina[ counsel 6 -formulate a policy which specifically meets the needs of your company. _ c aen m �-{ N r M v N r CC -8 Bidder 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: w� Dates: / / to / Address: � _ You may attach additional sheet(s) if needed. City, State, Zip: D� r To be completed by non-resident bidders �1�— ro Bipart C rn 1. Name of home state or foreign country reported to the Iowa Secretary of State: g;K n? 2. Does your company's home state or foreign country offer preferences to bidders who are residents? 0 Yes ❑ No 3. If you answered "Yes' to question 2, identify each preference offered by your company's home state or foreign country and the appropriate legal citation. You may attach additional sheet(s) if needed. 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. 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. BF -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 lhhe application for certificate of authority has been approved and no notice of cancella8n has an filed by the limited partnership or the limited liability limited partnership. n ❑ Yes ❑ No My business is a limited liability company whose certificate of organize fil" in lolMnd has not filed a statement of termination.rn �rrn ❑ Yes ❑ No = My business is a limited liability company whose certificate of organizQM fid in a toe other than Iowa, has received a certificate of authority to transact business 4-towa and the certificate has not been revoked or canceled. Cn BF -2 ARC 1271C LABOR SERVICES DIVISION [8751 Adopted and Filed Pursuant to the authority of Iowa Code section 73A.21, the Labor Commissioner hereby adopts anew Chapter 156, "Bidder Preferences in Government Contracting," Iowa Administrative Code. This amendment adopts new rules concerning preferences for resident bidders on government construction projects. The new chapter sets forth requirements for a public body involved in a 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 rules. 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 extractor registration, and by clarifying that compliance with only one of the lettered paragra& in tl&ubrule is necessary. Paragraph 156.2(4)"b" was changed by adding the phrase "if applicable." ]>-4 In rule 875-156.3(73A), the term "public body" replaced the term "nonresident biab"r< ro A new rule 875-156.9(73A) containing a severability clause was added. The principal reason for adoption of this amendment is to implement legislative in o� anc(; procedures are included in these rules because variance provisions are set forth in 875�pter4 �J After analysis and review of this rule making, no impact on jobs has been found. a 1V Theie rules are intended to implement Iowa Code section 73A.21. 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. BF -3 "Nonresident bidder" means a person or entity that does not meet the definition of a resident bidder, including any affiliate of any person or entity that is a nonresident bidder. "Parent, " when used with respect to any specified person or entity, means an affiliate controlling such specified person or entity directly or indirectly through one or more intermediaries. "Public body "means the state and any of its political subdivisions, including a school district, public utility, or the state board of regents. "Public improvement" means a building or other construction work to be paid for in whole or in part by the use of funds of the state, its agencies, and any of its political subdivisions and includes road construction, reconstruction, and maintenance projects. "Public utility" includes municipally owned utilities and municipally owned waterworks. "Resident 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 thgdates on which the resident bidder conducted business at each office. In the case of a nonresident bidder,71fre 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 statemeo 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 statemeitighall be deemed tribe'incorporated by reference into all project bid specifications and contraCDdocuriMts with any bidder"on a public improvement. Failure to provide the statement with the bid moQulto the MJJ being deemed nonresponsive. This may result in the bid being rejected by the public Q;e t 156.2(2) Determining residency status. -mac) PO r a. For purposes of the Act, a person or entity is a resident bidder if the person orWty: S M (1) Is authorized to transact business in Iowa; and O= (2) Has had one or more places of business in Iowa at which it is conductinfor has Wnductea business in this state for at least three years immediately prior to the date of the fust adverti&ent 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; 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 partnership 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 91 C. 156.2(4) Determining if bidder has conducted business in state. In order to detocmine d9bidder has a place of business for transacting business within Iowa at which it is conducting NUs gducted business for at least three years prior to the date of the first advertisement of the pulMZ:impFWement?j the bidder shall meet the following criteria for the three-year period prior to the fnsQd%rtisement the public improvement: 1n b a. I ,Continuously maintained a place of business for transacting business in to 9 at SWUM for moie-than receiving mail, telephone calls, and e-mails; and C aQ b. Conducted business in the state for each of those three years and filed an Iov tncomZax retum, if, applicable, made payments to the Iowa unemployment insurance fund, if applicable, and-f*amtained an Iowa'workers' compensation policy, if applicable, in effect for each of those three years. 875-156.3(73A) Application of preference. When awarding a contract for a public improvement to the lowest responsible bidder, the public body shall allow a preference to a resident bidder as against a nonresident bidder that is equal to any preference given or required by the home state or foreign country 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 parent 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. L- " 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 calculation for a labor force preference shall include only the labor force working on the public improvement in Iowa on a regular basis calculated by pay period. 875-156.4(73A) Complaints regarding alleged violations of the Act. 156.4(1) Complaints. Any person with information regarding a violation of the Act may submit a written complaint to the commissioner. Any complaint must provide the information required pursuant to subrule 156.4(2) or as much of such information as is reasonably practicable under the circumstances. The completed written complaint form shall be submitted to the commissioner at Labor Services Division, 1000 East Grand Avenue, Des Moines, Iowa 50319. 156.4(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 subrule 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 emplb*d 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--436.6(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. 14.6(1) Investigative powers. The commissioner or the authorized designee shall have the folloxing powers: a. Hearings. The commissioner may hold hearings and investigate charges of violatis of the Act. m b. Entry into place of employment. The commissioner may, consistent with �r of pdI( enter any place of employment to inspect records concerning labor force reside o uestionrew employer or employee, and to investigate those facts, conditions, or matters as are d kropr e in determining whether any person has violated the provisions of the Act. The commk4ibner4p a make an entry into a place of employment in response to a written complaint. M Z ^ C. Residency of workers. The commissioner may investigate and ascertain Tresi/mcy oM worker engaged in any public improvement in this state. a — d. Oaths; depositions; subpoenas. The commissioner may administer oaths, take or case 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 ofpersonnel. 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. fW 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 the custody 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 contractor or subcontractor up to 25 percent of the amount to be paid to the contractor or subcontractor under the terms of the contract or written instrument under which the public improvement is being performed. The 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 of 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 improyVent, or the continuation of a public improvement. ` S$ 156.7(2) Civil penalty. Any person or entity that violates the provisions of this chas sMiect t civil penalty in an amount not to exceed $1,000 for each violation found in a first it CA by division, not to exceed $5,000 for each violation found in a second investigation by the dhisl'on, aid no exceed $15,000 for a third or subsequent violation found in any subsequent investigati(M,4 theM- ivis Each violation of this chapter for each worker and for each day the violation continues con tesjgepa t and distinct violation. In determining the amount of the penalty, the divisions Rco% er 10 appropriateness of the penalty to the person or entity charged, upon determination ofe grala of the violation(s). The collection of these penalties shall be enforced in a civil action brought by the-attomey. general on behalf of the division. 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.q.(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 2/12/14] [Published 1/8/14] EMOR's NOTE: For replacement pages for IAC, see IAC Supplement 1/8/14. BF -7 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 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, 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. 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 gujjlt 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,'xhe 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 sh44 constitute a default under the contract. w IV. Waivers. If a person or entity is ineligible to contract with the City as a result Df the V e Theft Policy it may submit a request in writing indicating that one or more of the following actioWj ve C n talo a. There has been a bona fide change in ownership or control of the ineligible peRl$1rlCor Ojity; r -ir b. Disciplinary action has been taken against the individual(s) responsible for lffg ng to the violation(s); �g 3 3E .. a c. Remedial action has been taken to prevent a recurrence of the acts giving rise to theghqualification 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 STATE OF COUNTY ) ss: WAGE THEFT AFFIDAVIT I, , 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 StaRfards Act or any comparable state statute or local ordinance, which governs the payment obves`�n the 5 years. -E C7" � lV T �m Q0 rn �n = Q Signature D N This instrument was acknowledged before me by on 20 Notary,Public in and for the State of WT -2 CITY OF IOWA CITY GENERAL CONDITIONS ARTICLE 1- DEFINITIONS AND TERMINOLOGY negotiations, representations, or agreements, whether written or oral. 1.01 Defined Terms A. Wherever used in the Contract Documents the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. 1. Addenda --Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the Contract Documents. 2. Agreement --The written instrument which is evidence of the agreement between OWNER and CONTRACTOR covering the Work. 3. Application for Payment --The form acceptable to OWNER which is to be used by CONTRACTOR during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos --Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bicf- The offer or proposal of a bidder submitted on the prescribed form setting forth the prices for the Work to be performed. ,_ 6. Bidding Dneumenis--The Bidding Requirements and the ,pcoposed.Contract Documents (including all Addenda issued prior to receipt of Bids). 7. Bidding Requirements --The Advertisement or Invitation 'to Bid, Instructions to Bidders, Bid security form, if any, and the Bid form with any supplements. 8. Bonds --Performance and payment bonds and other instruments of security. 9. Change Order --A document required by OWNER which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim --A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract --The entire and integrated written agreement between OWNER and CONTRACTOR concerning the Work. The Contract supersedes prior 12. Contract Documents --The Contract Documents establish the rights and obligations of the parties and include the Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders, and OWNER's written interpretations and clarifications issued on or after the Effective Date of the Agreement. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. Files in electronic media format of text, data, graphics, and the like that may be furnished by OWNER to CONTRACTOR are not Contract Documents. 13. Contract Price --The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.03 in the case of Unit Price Work). 14. Contract Times --The number of days or the dates stated in the Agreement to: (i) achieve milestones; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by OWNER's written approval of final payment. m 15. CONTRACTOR--' E*e iv al or e t y with whom OWNER has entereafvu the�greenwri. C.) -< t 16. Cost of the WoZ4fte t& otr costs necessarily incurred and pa ON;bRAC in the proper performance of the _ 17. Drawings --That parjyf the Citract Documents approved by OWNER which graphAally shows the scope, extent, and character of the Work to be performed by CONTRACTOR. Shop Drawings and other CONTRACTOR submittals are not Drawings as so defined. 18. Effective Date of the Agreement --The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Extra Work— Work not provided for in the Contract as awarded or deemed essential to the satisfactory completion of the Contract and authorized by OWNER. 20. Field Order --A written order issued by OWNER which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times.OWNER 21. Final Payment --Payment made to CONTRACTOR after all work is satisfactorily completed. Final payment does not include retainage. 22. General Requirements --Sections of Division 1 of the Specifications. 23. Hazardous Environmental Condition --The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 24. Hazardous Waste --The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903), as amended from time to time. 25. Laws and Regulations; Laws or Regulations -- Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 26. Liens --Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 27. Milestone --A principal event specified in the Contract Documents relating to an intermediate comple- tion date or time prior to Substantial Completion of all the Work. 28. Notice of Award --The written notice by OWNER to the apparent successful bidder stating that upon timely compliance by the apparent successful bidder with the conditions precedent listed therein, OWNER will sign and deliver the Agreement. �29. Notice to Proceed --A written notice given by OWNER to.CONTRACTOR fixing the date on which the Contract Times will commence and on which CONTRACTOR shall start to perform the Work under the Contract Documents. 30. OWNER --The City of Iowa City with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be performed, including its employees and professional consultants under contract providing services for the Work. 31. OWNER's Professional Consultant --An individual or entity having a contract with OWNER to furnish services as OWNEWs independent professional consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 32. Partial Utilization --Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 33. PCBs --Polychlorinated biphenyls. 34. Petroleum --Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 12.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non - Hazardous Waste and crude oils. 35. Project --The total construction of the Work to be performed under the Contract Documents, which may be the whole or a part, as may be indicated in the Contract Documents. 36. Project Manual --The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 37. Radioactive Material --Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 38. Resident Project Representative --The authorized representative of OWNER who is assigned to the Site or any part thereof 39. Samples --Physical exampI of materials, equipment, or workmanship that are esentative of some portion of the Work gd whiestab{p-the standards by which such portjg� t ork �l� be judged. n— , 40. Shop Drawings --A1 wings, di s, illustrations, schedules, and otjl6t'!4ta info n which are specifically prepare ,^s9seed b or CONTRACTOR and submitted ; CTOR to OWNER to illustrate some porttyn of thgWork. 41. Site --Lands or areas indicated in the Contract Documents as being furnished by OWNER upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by OWNER which are designated for the use of CONTRACTOR. 42. Specifications --That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. 43. Subcontractor --An individual or entity having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion --The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of OWNER, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 45. Supplementary Conditions --That part of the Contract Documents which amends or supplements these General Conditions. 46. Supplier --A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with CONTRACTOR or with any Subcontractor to famish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 47. Underground Facilities --All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 48. Unit Price Work --Work to be paid for on the basis of unit prices. 49. Work --The entire completed construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 50. Work Change Directive --A written statement to CONTRACTOR issued on or after the Effective Date of the AwRment :and signed by OWNER and CONTRACTOR ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 51. Written Amendment --A written statement modifying the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date ofthe Agreement and normally dealing with the non - engineering or nontechnical rather than strictly construction -related aspects of the Contract Documents. 1.02 Terminology A. Intent of Certain Terms or Adjectives 1. Whenever in the Contract Documents the terms "as allowed;" "as approved," or terms of like effector import are used, or the adjectives "reasonable," "suitable," "acceptable, "proper, " "satisfactory, " or adjectives of like effect or import are used to describe an action or determination of OWNER as to the Work, it is intended that such action or determination will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to OWNER any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to any provisions of the Contract Documents. mm, 1. The word "day" shall constitute a calendar day of 24 hours measured from midnight to the next midnight. C. Defective 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents or does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to OWNER's final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 12.04 or 12.05). D. Furnish, Install, Perform, Provide 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, matet!0, or equipment to the Site (or some other spttfied Ic=ion) ready for use or installation and in usat e6op�ble cdtl"on. 2. The word "install," whgujus�d in ponnec;+aw w th services, materials, or equip allrf*an td ut into use or place in final position rvi mat, or equipment complete and read teCWd us% ." 3. The words "perform" o!pprovide' when used in connection with services, materials, or eUV ipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perforin," or "pro- vide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of CONTRACTOR, "provide" is implied. E. Unless stated otherwise in the Contract Documents, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds A. When CONTRACTOR delivers the executed Agreement to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to famish. 2.02 Copies of Documents A. Refer to Supplementary Conditions regarding copies of Drawings and Project Manuals. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence. No Work shall be done at the Site prior to the date on which the Contract Times commence. 2.05 Before Starting Construction A. CONTRACTOR's Review of Contract Documents: Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. CONTRACTOR shall promptly report in writing to OWNER any conflict, error, ambiguity, or: discrepancy which CONTRACTOR may discover and' shall obtain a written interpretation or clarification from OWNER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless CONTRACTOR knew or reasonably should have known thereof. B. Schedules: Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to OWNER for its timely review: 1. a progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing, and processing such submittal; and 3. a schedule of values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the 0 Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. C. Evidence oflnsurance: Before any Work at the Site is started, CONTRACTOR and OWNER shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which CONTRACTOR and OWNER respectively are required to purchase and maintain in accordance with Article 5. 2.06 Preconstruction Conference A. Within 20 days after the Contract Times start to run, but before any Work at the Site is started, a conference attended by CONTRACTOR, OWNER, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.05.B, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 2.07 Initial Acceptance of Schedules A. Unless otherwise provided in the Contract DocT ments, at least ten days before submission of the first Application for Payment a conference attended by CON- TRACTOR, OWNER, and others as approgjitte will be held to review for acceptability to OWNER as p=ided below the schedules submitted in accordanq&vith pgrap S.B. CONTRACTOR shall have an adi5}�al days td i ake corrections and adjustments and tom let and reset 19 the schedules. No progress paymdZr�halJt,;ye rJare to CONTRACTOR until acceptable sefNales are subs d to OWNER. ct � _ © 1. The progress schedul�l bocceptaTile to OWNER if it provides an ortbrly prgWssion of the Work to completion within any specified Milestones and the Contract Times. Such acceptance will not impose on OWNER responsibility for the progress schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. 2. CONTRACTOR's schedule of Shop Drawing and Sample submittals will be acceptable to OWNER if it provides a workable arrangement for reviewing and processing the required submittals. 3. CONTRACTOR's schedule of values will be acceptable to OWNER as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether specifically called for at no additional cost to OWNER C. Clarifications and interpretations of the Contract Documents shall be issued by OWNER and shall be consistent with the intent of and as reasonably inferable from the Contract Documents. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of OWNER, 'CONTRACTOR, or any of their subcontradors, consultants, agents, or employees from thdse set forth in the Contract Documents, nor shall any such provision oriiistruction be effective to assign to OWNER, or any pf, its consultants, agents, or employees any duty 'br authority to supervise or direct the perfomtapce of tic Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Cqutract Documents. 3.03 Reportiegand Resolving Discrepancies A. Reporting Discrepancies 1. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, CONTRACTOR shall report it to OWNER in writing at once. CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as required by paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.04. 2. CONTRACTOR shall not be liable to OWNER for failure to report any conflict, error, ambiguity, or dis- crepancy in the Contract Documents unless CONTRACTOR knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction (whether specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract. Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: (i) a Written Amendment or (ii) a Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: (i) a Field Order; (ii) OWNER's approval of a Shop Drawing or Sample; or (iii) OWNER's written interpretation or clarification. 3.05 Reuse of Documents A. CONTRACTOR and any Subcontractor or Supplier or other individual or entity performing or furnishing any of the Work under a direct or indirect contract with OWNER: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or on behalf of OWNER, including electronic media editions; and (Whall not reuse any of such Drawings, Specifications, othffdocuments, or copies thereof on extensions oft pp�Uo3e witho tten consent of OWNER or use of sa i+ ny er proj�� This prohibition will survive final p t, ompledem and acceptance of the Work, or termi or l pleon of the Contract. Nothing herein shall de CONT TOR from retaining copies of the Cont�¢+IDocugents cord purposes. 0 rn ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. OWNER shall famish the Site. OWNER shall notify CONTRACTOR of any encumbrances or restrictions not of general application but specifically related to use of the Site with which CONTRACTOR must comply in performing the Work. OWNER will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. B. Upon reasonable written request, OWNER shall fumish CONTRACTOR with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein. C. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Such additional land uses acquired by CONTRACTOR shall be by written agreement with the property owner. A copy of the written agreement shall be provided to OWNER. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that OWNER has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that OWNER has used in preparing the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER with respect to: 1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and informatiog contained in such reports or shown or indicated in such drawings; or 3. any- CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. differs substantially and materially from that shown or indicated in the Contract Documents; or 2. is of an unusual nature, and differs substantially and materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), notify OWNER in writing about such condition. CONTRACTOR shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order by OWNER to do so. B. OWArER's Review: After receipt of written notice as required by paragraph 4.03.A, OWNER will promptly review the pertinent condition, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto, and advise CONTRACTOR in writing of findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in CONTRACTOR's cost of, or time required for, perfor- mance of the Work, as determined by OWNER; subject to the following: a. such condition must meet any one or more of the categories described in paragraph 4.03.A; and b. with respect to Work that i paid for on a Unit Price Basis, any adjustment�ontract Price will be subject to the pro�Mjions tstr o ticle_" 2. CONTRACTOR shaljn be titledlterany adjustment in the Contract Prit%esVont�ct Ti es if: a. CONTRACTOR kipf t1M ' tlrtf of such conditions at the time] (WRMTOR a final commitment to OW' tres�tt of act Price and Contract Times the scission of a Bid or becoming bound un er a negotwed contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment; or c. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.03.A. 3. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be trade therefor as provided in Article 9. However, OWNER, shall not be liable to CONTRACTOR for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown orindicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to OWNER by OWNERS of such Underground Facilities, including OWNER, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. OWNER shall not be responsible for the accuracy or completeness of any such information or data; and 2. The cost of all of the following will be included in the Contract Price, and CONTRACTOR shall have full responsibility for: a. reviewing and checking all such information and data; b. locating and exposing when requested by OWNER all Underground Facilities within the Work area whether they are indicated in the Contract Documents; c. coordination of the Work with OWNERS of such Underground Facilities, including OWNER, during construction; and &.-the safety and protection of all Underground Facilitfes and repairing any damage thereto resulting from the Work;. e Notifyipg all utility companies, all pipeline owners, of other parties affected, and endeavoring to have all necessary adjustments of the public or private utility fixtures, pipelines, and other appurtenances within or adjacent to the limit, of constructionmade as soon as practicable; and f Notification concerning work near buried utilities as required by Section 479.47, Code of Iowa (2011), and for conducting work as required therein. 3. Water lines, gas lines, wire lines, communication lines, service connections, water and gas meter boxes, water and gas valve boxes, light standards, cableways, signals, and all other utility appurtenances within the limits of the proposed construction, which are to be relocated or adjusted, are to be moved by OWNERS of the utility at their expense, except as otherwise provided for in the Contract Documents; 4. It is understood and agreed that CONTRACTOR has considered in the Bid all of the permanent and temporary utility appurtenances in their present or relocated positions as shown in the Contract Documents and that additional compensation will not be allowed for any delays, inconvenience, or damage sustained by CONTRACTOR due to any interference from the utility appurtenances or their operation or relocation. B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.I6.A), identify OWNER of such Underground Facility and give written notice to that owner and to OWNER. OWNER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility. No compensation shall be due for any Work stoppage caused by the location of an Underground Facility. 2. If OWNER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Times, to the extent that it is attributable to the existence of an Underground Facility. 4.05 Reference Points A. OWNER shall provide engineering surveys to establish reference points for construction which in OWNER'sjudgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to OWNER whenever any reference point or property monument is lost or destroyed of requires relocation because of necessary changes in grades or locations, and shall be responsible^str the accurate replacement or relocation of Such rarence points or property monuments by professt�rtejly cglified-"onnel. n -t x- 4.06 Hazardous EnvironmentaK&4(ditroV at Si= —ici N A. Reports and Drawings.4Mere is&'th o the Supplementary Conditions fo depicatiose reports and drawings relating t�ari Enental Condition identified at the Site, y, th2r ave ben uti elized by OWNER in the preparation of the CVjact Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER or OWNER's Professional Consultants with respect to: 1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. CONTRACTOR shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. CONTRACTOR shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by CONTRACTOR, Subcontractors, Suppliers, or anyone else for whom CONTRACTOR is responsible. D. If CONTRACTOR encounters a Hazardous Environmental Condition or if CONTRACTOR or anyone for whom CONTRACTOR is responsible creates a Hazardous Environmental Condition, CONTRACTOR shall immedi- ately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by paragraph 6.16); and (iii) notify OWNER (and promptly thereafter confirm such notice in writing). OWNER may retain a qualified expert to evaluate such condition or take corrective action, if any. E. CONTRACTOR shall not be required to resume Work in connection with such condition or in any affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as toentitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result -of such Work stoppage or such special conditions under which Work is agreed to be resumed by CONTRACTOR, either party may make a Claim therefor as provided in Article 9. - - F. If after receipt of such written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe; or does not agree to resume such Work under such special conditions, then OWNER may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor. as provided in Article 9. OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, OWNER shall indemnify and hold harmless CONTRACTOR OWNER's Professional Consultants and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (u) was not created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this paragraph 4.06.E shall obligate OWNER to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, OWNER's Professional Consultants, and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this paragraph 4.06.17 shall obligate CONTRACTOR to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of paragraphs 4.02, 4.0 and 4.04 are not intended to apply to a Hazardous ahivironmental Condition uncovered or revealed at�ite.�! ARTICLE 5 - BONDS AND INS1Cr, �.. N 5.01 Performance, Payment, and O&LMonc& v A. CONTRACTOR shall fur ' perwmance and payment Bonds, each in an amotmfat leaslIqual to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Contract Documents. B. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. C. If the surety on any Bond furnished by CON- TRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.01.13, CONTRACTOR shall within 20 days thereafter substitute another Bond and surety, both of which shall comply with the requirements of paragraphs 5.01.13 and 5.02. , 5.02 Licensed Sureties and Insurers A. All Bonds and insurance required by the Contract Documents to be purchased and maintained by CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates oflnsurance A. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supple- mentary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain. 5.04 CONTRACTOR's Liability Insurance A. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and, in addition, provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance of the Work and CONTRACTOR's other obligations under the Contract Documents, "ether it is to be performed by CONTRACTOR; any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable:. 1. claims UW -workers' compensation, disability benefits, and other similar employee benefit acts; 2. clafms for. damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. 0 B. The policies of insurance so required by this paragraph 5.04 to be purchased and maintained shall: 1. with respect to insurance required by paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of professional liability) OWNER, OWNER's Professional Consultants, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include completed operations insurance; 4. include contractual liability insurance covering CONTRACTOR's indemnity obligations under para- graphs 6.07, 6.11, and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by CONTRACTOR pursuant to paragraph 5.03 will so provide); and 6. remain in effect at least until final payment and at all times thereafter when CONTR�TOR may be correcting, removing, or replacing d ctive Work in accordance with paragraph 1007. C. CONTRACTOR shall pt a3�Providedw+i the Supplementary Conditions, n VCR's r and CONTRACTOR's Protective MdOty nsura rom CONTRACTOR's sources as prim vc Fc for R and OWNER's ProfessionalCone-N. 0 �1V 5.05 Acceptance of Bonds and InsPance; Llption to Replace W A. If OWNER has any objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by CONTRACTOR in accordance with Article 5 on the basis of non-conformance with the Contract Documents, OWNER shall so notify CONTRACTOR in writing within 10 days after receipt ofthe certificates (or other evidence requested) required by paragraph 2.05.C. CONTRACTOR shall provide such additional information in respect of insurance provided as OWNER may reasonably request. If CONTRACTOR does not purchase or maintain all of the Bonds and insurance required by the Contract Documents, OWNER shall notify CONTRACTOR in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, OWNER may elect to obtain equivalent Bonds or insurance to protect its interests at the expense of CONTRACTOR, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.06 Property Insurance A. CONTRACTOR 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 these Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of OWNER, CONTRACTOR, Subcontractors, OWNER's Professional Consultants and any other persons 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; 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 and damage to the Work, temporary buildings, falsework and Work in transit and shall insure against at least the following perils: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, and such other perils as may be specifically required by the Supplementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment in transit for incorporation in the Work or 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; and 5. be maintained in effect until final payment is made. B. CONTRACTOR shall be responsible for any deductible or self-insured retention. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. CONTRACTOR shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. B. At all times during the progress of the Work, CONTRACTOR shall assign a competent resident superin- 10 tendent thereto who shall not be replaced without written notice to OWNER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the Site and shall have authority to act on behalf of CONTRACTOR. All communications given to or received from the superintendent shall be binding on CONTRACTOR. The name, address and telephone number of the Resident Superintendent shall be provided to OWNER prior to commencement of Work. 6.02 Labor, Working Hours A. CONTRACTOR shall provide competent, suitably qualified personnel to survey, layout, and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday, or any legal holiday without OWNER's written consent given after prior written notice to OWNER. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the General Re- quirements, CONTRACTOR shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephoQgwater, sanitary facilities, temporary facilities, and -all otlS facilities and incidentals necessary for the pertc, ting, tup, and completion of the Work. y - �.. B. All materials and equipm orlls?ated the Work shall be as specified or, if Ut cif4, sha of good quality and new, except as of se (»vide+�w%h�e Contract Documents. All warto arm guai'adCees specifically called for by the Speci tions ,gll expressly run to the benefit of OWNER. If equired'�[y OWNER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Docu- ments. 6.04 Progress Schedule A. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.07 as it may be adjusted from time to time as provided below. 1. CONTRACTOR shall submit to OWNER for acceptance (to the extent indicated in paragraph 2.07) proposed adjustments in the progress schedule that will not result in changing the Contract Times. Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the progress schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 10. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 10. 6.05 Substitutes and "Or -Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to OWNER for review under the circumstances described below: 1. "Or -Equal" Items: If, in OWNER's sole discretion, an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by OWNER as an "or -equal" item, in which case review and approval of the proposed item may, in OWNER's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: c xr in the exercise of reasonable judgment OWNEji determines that: (i) it is at least equal in quality, durability, appearance, strength, and design charaoteristiosv (ii) it will reliably perform at least equally welt tte function imposed by the design concept ofthe-completed Project as a functioning whole; and p: CONTRACTOR certifies that: (i) there is no increase in cost to OWNER; and (ii) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items a. If, in OWNER's sole discretion, an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under paragraph 6.05.A.1, it will be considered a proposed substitute item. b. CONTRACTOR shall submit sufficient information as provided below to allow OWNER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by OWNER from anyone other than CONTRACTOR. c. The procedure for review by OWNER will be as set forth in paragraph 6.05.A.2.d, as supplemented in the General Requirements and as 11 OWNER may decide is appropriate under the circumstances. d. CONTRACTOR shall first make written application to OWNER for review of a proposed substitute item of material or equipment that CONTRACTOR seeks to furnish or use. The application shall certify that the proposed substitute item will adequately perform the functions and achieve the results called for by the general design, be similar in substance to that specified, and be suited to the same use as that specified. The application will state the extent, if any, to which the use of the proposed substitute item will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute item and whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute item from that specified shall be identified in the application, and available engineering, sales, maintenance, repair, and replacement services shall be indicated. The application shall also contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, all of which will be considered by OWNER in evaluating the proposed substitute item. OWNER may require CONTRACTOR to furnish additional data about the proposed substitute item. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technttFsequence, or procedure of construction , roved -by OWNER. CONTRACTOR shall submit sut inati allow OWNER, in OWNER's sole disc to erminct the substitute proposed is equivalent i�r t eesslyeaMed for by the Contract Documents. T cc for rMw by OWNER will be similar to tha tded to suaph 6.05.A.2. _� F Q C. Owner's Evaluation:OR1 be Pwed a reasonable time within which t evaluate-oach proposal or submittal made pursuant to paragraphs dWA and 6.05.B. OWNER will be the sole judge of acceptability. No "or - equal" or substitute will be ordered, installed or utilized until OWNER's review is complete, which will be evidenced by either a Change Order for a substitute, an approved Shop Drawing for an "or equal". OWNER will advise CONTRACTOR in writing of any negative determination. D. Special Guarantee: OWNER may require CON- TRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute. E. CONTRACTOR's Expense: CONTRACTOR shall provide all data in support of any proposed substitute or "or - equal" at CONTRACTOR's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. CONTRACTOR shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to OWNER as indicated in paragraph 6.06.13), whether initially or as a replacement, against whom OWNER has reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to OWNER in advance for acceptance by OWNER by a specified date prior to the Effective Date of the Agreement, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, O WNER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. CON- TRACTOR shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of OWNER to reject defective Work. C. CONTRACTOR shall be fully responsible to OWNER for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any. such Subcontractor, Supplier, or other individual or entity any contractual relationship between OWNER and any such Subcontractor, Supplier or other individual or entity, nor shall it create any obligation on the part of OWNER to pay or to see to the payment of any moneys 'due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. E. CONTRACTOR shall require all Subcontractors, Suppliers, and such other individuals or entities performing or famishing any of the Work to communicate with OWNER through CONTRACTOR. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors 12 or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on property insurance, the agreement between CONTRACTOR and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against OWNER, CONTRACTOR, OWNER's Professional Consultant, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, CONTRACTOR will obtain the same. 6.07 Patent Fees and Royalties A. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights he4y others. If a particular invention, design, process, prodle or device is specified in the Contract Doci&nts MP use J the performance of the Work and if tc��lct11 JRn le . of OWNER its use is subject to pa=- giht�or co hts calling for the payment of any licensor *Ity`tiMers, the existence of such rights shall be se O in the Contract Documents. To the fu tefftpermEuby Laws and Regulations, CONT C= halMdemiM. d hold harmless OWNER, OWN ER's ssiVICo t, and the officers, directors, partners, a mploye"r agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time ofopening ofBids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work. 6.09 Laws and Regulations A. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, OWNER shall not be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. B. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.03. 6.10 Taxes A. CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by CONTRAC- TOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas I. CONTRACTOR shall confine construction equipment, Ilie storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with constructi jfi equipment or other materials or equipment. CONTRAq OR shall assume full responsibility for any damage to•any such land or area, or to OWNER or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, OWNER's Professional Consultant, and the officers, directors, partners, employees, agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, OWNER's Professional Consultant, or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. B. Removal ofDebris During Performance ofthe Work: During the progress of the Work CONTRACTOR shall keep 13 the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work, CONTRACTOR shall clean the Site and make it ready for utilization by OWNER. At the completion of the Work, CONTRACTOR shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. CONTRACTOR shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to OWNER and OWNER's Professional Consultant for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to OWNER. 6.13 Safety and Protection A. CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who tube affected by the Work; m 2. all the Work and mat nc?iquipmetftto be incorporated therein, wheflic6 <torage onM the n Site; and .iIV (� -,Cf" 3. other property at thi or 21acen reto, including trees, shrubs, 1was ' p ents, roadways, structures, util s, an& Underground Facilities not designated for removG; relocation, or replacement in the course of construction. B. CONTRACTOR shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. All damage, injury, or loss to any property referred to in paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER, its employees, or anyone for whose acts OWNER may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed in accordance with paragraph 12.07.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). C. CONTRACTOR shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connections with the Work. OWNER will not have such responsibility. No action under taken by OWNER under General Conditions paragraphs 13.1 or 13.2, will constitute a transfer of this responsibility or acceptance of this responsibility by OWNER. 6.14 Safety Representative A. CONTRACTOR shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance witUaws or Regulations. 6.16 Emergencies A. In emergencies: affecting the safety or protection of persons, or the Work or property at the Site or adjacent thereto, CONTRACTOR is obligated to act to prevent threatened damage, injury, or loss. CONTRACTOR shall give OWNER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If OWNER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. CONTRACTOR shall submit Shop Drawings to OWNER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. All submittals will be identified as OWNER may f[! require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show OWNER the services, materials, and equipment CONTRACTOR proposes to provide and to enable OWNER to review the information for the limited purposes required by paragraph 6.17.E. B. CONTRACTOR shall also submit Samples to OWNER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers, and the use for which intended and otherwise as OWNER may require to enable OWNER to review the submittal for the limited purposes required by paragraph 6.17.E. The numbers of each Sample to be submitted will be as specified in the Specifications. C. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submittals acceptable to OWNER as required by paragraph 2.07, any related Work performed prior to OWNER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. D. Submittal Procedures 1. Before submitting each Shop 1311ving or Sampl4 CONTRACTOR shall have:o CID a. determined a6c?veL&d afield measurements, quantiti3 , 41m ons,ified performance criteria, ati reqnts, materials, catalog numbarefQOd st at in tion with respect thereto; ; C11a =0 b. determined and teri s with respect to intended us$a fabriq*on, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. determined and verified all information relative to means, methods, techniques, sequences, and procedures of construction and safety precautions and programs incident thereto; and d. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 2. Each submittal shall bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 3. At the time of each submittal, CONTRACTOR shall give OWNER specific written notice of any variations that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written com- munication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to OWNER for review and approval of each such variation. E. 0WNER's Review 1. OWNER will timely review and approve or give notice of necessary corrections to the submitted Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals acceptable to OWNER. O WNER's review will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2.O WNER's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3.O WNER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called OWNER's attention to each such variation at the time of each submittal as required by paragraph 6.17.D.3 and OWNER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by OWNER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.17.D.1. F. Resubmittal Procedures 1. CONTRACTOR shall make corrections required by, OWNER and shall return the required number of coriected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions' other than the corrections called for by OWNER on previous submittals. 6.18 Continuing the Work A. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 13.04 or as OWNER and CONTRACTOR may otherwise agree in writing. B. Time is an essential element of the Contract, an it is important that the Work continue each working day and pressed vigorously to completion. 6.19 CONTRACTOR's General Warranty and Guarantee A. CONTRACTOR warrants and guarantees to OWNER that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's 15 warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than CONTRACTOR, Sub- contractors, Suppliers, or any other individual or entity for whom CONTRACTOR is responsible; or 2. normal wear and tear under normal usage. B. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 1. observations by OWNER; 2, payment by OWNER of any progress or final payment; 3, the issuance of a certificate of Substantial Completion by OWNER or any payment related thereto by OWNER; 4. use or occupancy of the Work or any part thereof by OWNER; 5. any acceptance by OWNER or any failure to do 6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by OWNER; 7. any inspection, test, or approval by others; or 8. any correction of defective Work by OWNER. 6.20 Indemnification U m A. To the fullest extent perrQm�tlCd bkhaws ant egula- tions, CONTRACTOR shall irateM4ifymnd holLiwrmless OWNER, OWNER's Professir a Consultanr Md the officers, directors, partners, ert3 4gwes,9'*ents,AW other consultants and subcontractors oRM arWdny o*fti from and against all claims, costs, losd d3hages�MrqIuding but not limited to all fees and ch aOf eq�t eersMhitects, attorneys, and other professional d all Wrt or arbitration or other dispute resolution costs) arising %Oof or relating to the performance of the Work, provided that any such claim, cost, loss, or damage: 1, is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom; and 2. is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable, regardless of whether caused in part by any negligence or omission of an individual or entity indemnified hereunder or whether liability is imposed upon such indemnified parry by Laws and Regulations regardless of the negligence of any such individual or entity. B. In any and all claims against OWNER or OWNER's Professional Consultant or any oftheir respective consultants, agents, officers, directors, partners, or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of CONTRACTOR under paragraph 6.20.A shall not extend to the liability of OWNER'S Professional Consultant or to the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them arising out of the preparation of, or the failure to prepare maps, Drawings, opinions, reports, surveys, designs, or Specifications. ARTICLE 7 - OTHER WORK 7.01 Related Work at Site A. OWNER may perform other work related to the Project at the Site by OWNER's employees, or let other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then iiiritten notice thereof will be given to CON- TRACTOR prior to starting any such other work. B. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the other work with OWNER's empl6yees) proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CON- TRACTOR shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of OWNER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 16 C. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to OWNER in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure to so report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If OWNER intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and respon- sibility for such coordination. ARTICLES - OWNER'S RESPONSIBILITIES 8.01 Furnish Data $9 O ao A. OWNER shall promptly a tht&ta re d of OWNER under the Contract Doc eats. r n—G 8.02 Pay Promptly When Due —tom N r A. OWNER shall make paw to�NTTOR promptly when they are due avid*# in p%6--Jphs 12.02.0 and 12.07.C. D ro 8.03 Lands and Easements; Reports and Tests A. OWNER's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.01 and 4.05. Paragraph 4.02 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by OWNER in preparing the Contract Documents. 8.04 Insurance A. OWNER's responsibilities, if any, with respect to pur- chasing and maintaining liability and property insurance are set forth in Article 5. 8.05 Limitations on OWNER's Responsibilities A. OWNER shall not supervise, direct, or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. OWNER shall not be responsible for CONTRACTOWs failure to perform the Work in accordance with the Contract Documents. B. OWNER shall not be obligated to pay standby or down time rental on any equipment used or stored at the Site unless agreed to and included in an approved Change Order. 8.06 Undisclosed Hazardous Environmental Condition A. OWNER's responsibility with respect to any undisclosed Hazardous Environmental Condition is set forth in paragraph 4.06. 8.07 Evidence of Financial Arrangements A. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrangements have been made to satisfy OWNER's obligations under the Contract Documents, OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - PAYMENTS 9.01 Scope of Payment A. CONTRACTOR shall accept the compensation herein provided as fu(tpayment for furnishing all material, labor, tools, and equipment and for performing all work under the Contzact or any extension thereof allowed under Article 10; also, for all cost arising from the action of the elements or other natural causes, agreements, and performances, non- perforinancest or delays involving other contractors and third parties, or injgticttons or lawsuits resulting therefrom, or from any unforeseen.difficulties not otherwise provided for in the Contract Documents and which may be encountered during prosecution 6f the Work and up to the time of acceptance thereof, except damage to the Work due to acts of war. Nothing herein shall in and of itself be construed to prejudice or deny any claim filed under provisions of Article 9.05. B. The Contract Price for any item shall be full compensation for acceptable work and for materials, equipment, tools, and labor for performance of all work necessary to complete the item in accordance with the Contract Documents. 9.02Payment For Work Performed A. CONTRACTOR shall receive and accept payment for work performed under the Contract as follows: 1. Items of Work Performed Which Are Covered by Definite Prices Stipulated in the Contract. For all items of acceptable work performed which are covered by definite unit prices or lump sum amounts specified in the contract, CONTRACTOR shall receive and accept 17 compensation at the rate specified in the contract, except for items identified as that of significant change as provided in Articles 4.03 and 9.04. 2. In making Contract adjustments, consideration shall be given to the portion of the cost of the Work that can be classified as fixed costs, independent of the exact quantity of work performed, such as transportation and installation costs on equipment, overhead cost, etc. Any price adjustment shall be arrived at from the standpoint that neither party to the contract shall be penalized by the increase or decrease in quantities which occasioned the price adjustment. B. Extra Work. 1. Extra Work ordered by OWNER of a quality or class not covered by the Contract, will be paid for either at an agreed price or on a force account basis. a. Agreed Price Basis. For Extra Work ordered by OWNER and performed on an agreed price basis, OWNER and CONTRACTOR shall enter into a written agreement before the work is undertaken. This written agreement shall describe the Extra Work that is to be done and shall specify the agreed price or prices therefor. b. Force Account Basis. (1) For Extra Work performed on a force account basis, CONTRACTOR shall receive the rate of wage (or scale) agreed to in writing with OWNER before beginning work for each and every hour that laborers, timekeepers, supervisors, and superintendents are actually engaged in work. (2) CONTRACTOR shall receive the actual costs paid to, or in behalf of, workers by reason of subsistence and*tvel allowances, health and welfare benelM, pension fund benefits, or otherrtcfits,Vhen tb�„aptounts are required b olive b aining agreement or o m oymei. ntract generally applica tlV($lass foof labor employed on the wm —0 m (3) An amou���al A5 pe� of the sum of the above it I istdWn (1) at�S(2) will also be paid TO"'�ONTPACTOR. The 35 percent shall cover compen.4dllon for furnishing the necessary small tools for work, together with all other overhead items of expense. (4) For property damage, liability, and worker's compensation insurance premiums, unemployment insurance contributions, and social security taxes on the force account work, CONTRACTOR shall receive the actual cost, to which 10 percent will be added. CONTRACTOR shall furnish evidence of the rate or rates paid for such bond, insurance, and tax. (5) The wage of the superintendent, C. Deficient Work. Payment for work judged by timekeeper, or supervisor who is employed OWNER to be deficient Work will be made at the reduced partly on force account work and partly on rate specified in the Contract Documents or, ifno such rate is other work shall be prorated between two specified, at a modification of the Contract Price, as classes of work according to the number of determined by OWNER. persons shown by the payrolls as employed on each class of work. 9.03 Cancelled Work (6) For materials used on force account A. OWNER shall have the right to cancel any or all work, CONTRACTOR shall receive the actual items from the Contract when unforeseen circumstances, cost of materials delivered on the work, unanticipated design changes, or other reasons beyond the including the freight and handling charges as control of CONTRACTOR prevent or unreasonably delay shown by original receipted bills, to which cost completion of the Contract or certain items of the Contract, shall be added a sum equal to 15 percent or when OWNER determines that cancellation is in the public thereof. interest. (7) Rental rate for machinery, tools or equipment (except small hand tools which may be used) and fuel and lubricants shall be based on the average monthly rental rate in the most recent Rental Rate Blue Book published by Dataquest Incorporated. OWNER and CONTRACTOR shall agree on a rental rate in writing before Extra Work on force account basis is performed. Profit percentage shall not be added to the rental rate. (8) Compensation as herein provided shall be accepted by CONTRACTOR as payment in full for Extra Work done on a force account basis. It will be assumed that such payment includes the use of tools and equipment for which no rate is allowed, overhead, and profit. (9) At the end of each day, CONTRACTOR shall prepare payrolls in duplicate for labor furnished on a force account basis using OWNER's standard force account forms. Both copies shall be signed by the OWNER's representative and CONTRACTOR's representative. One copy shaH_,Ibe furnished to OWNER and one to CONTRACTOR. Claims for Extra Work performed on a force account basis shall be submitted . to. OWNER in triplicate. Any receipts orstatementsrequired by OWNER to support such claims shall be attached thereto. Such claims shall be filed no later than the tenth da}Fof the month following that in which the work was actually performed, and shall include all tabor charges, rental charges on machinery, tools and equipment, and all material charges insofar as they are available. 3. Extra Work Performed by a Subcontractor. The percentage markup to be allowed to CONTRACTOR for Extra Work (including force account work) performed by a Subcontractor shall be in accordance with the following: a. 10 percent on the first $50,000 with a $100 minimum. b. 5 percent on the portion over $50,000. 119 B. OWNER may prevent CONTRACTOR from starting Work on the Contract or an identified phase of the Contract as a result of a delay caused by OWNER or others. C. When the Contract period is defined by the approximate starting date and the delay prevents CONTRACTOR starting Work on the Contract or an identified phase of the Contract for 30 calendar days beyond such date, CONTRACTOR may request cancellation by written notice to OWNER stating the reasons therefor. D. When the Contract period is defined by the late start date and the delay prevents CONTRACTOR starting for more than 30 calendar days after the date of award of Contract and at least 30 calendar days beyond the date which, by notice to OWNER, CONTRACTOR proposed to start work, CONTRACTOR may request cancellation by providing written notice to OWNER, stating the reasons therefor. E. In the case of 9.03C., or 9.03D., win 30 calendar days from the date of the request, 0"ERZII eliminate or minimize, if possible, the cause 8e d and . e a Notice to Proceed, redefine the ba hi iWihe W g&Ws to proceed, or cancel the Contract or alof type Con re". tV F. CONTRACTOR shall not Asa ays t occmior to starting Work oranidentifiedphase he rkasp4gsis of a claim against OWNER excel aqm�xtensktf of Contract period. Notices described s AiAle9 shall be transmitted by ordinary mail. ��``—''�� G. For finished portions of non -major items cancelled, CONTRACTOR will be paid, at the contract unit prices, in accordance with the provisions of Article 9.02. For finished portions of major items cancelled, CONTRACTOR will be paid as provided in Article 9.02. For all items, materials ordered and delivered for the unfinished portion of such cancelled or omitted items, OWNER will pay cost plus 10 percent as an overhead charge. CONTRACTOR's expense for handling or transporting this material shall be included in computing the cost. OWNER will also pay any actual expenses sustained by CONTRACTOR by reason of such cancellation or omission and not represented by work completed or material delivered. In computation of material cost or expenses sustained, no anticipated profit will be included. Material paid for shall become the property of OWNER and shall be disposed of as directed by OWNER. 9.04 Standardized Contract Clauses A. Suspensions of Work Ordered by OWNER 1. If the performance of all or any portion of the Work is suspended or delayed by OWNER in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and CONTRACTOR believes that additional compensation and/or contract time is due as a result of such suspension or delay, CONTRACTOR shall submit to OWNER, in writing, a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. 2. Upon receipt, OWNER will evaluate CONTRACTOR's request. If OWNER agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of CONTRACTOR, its Suppliers, or Subcontractors at any approved tier, and not caused by weather, OWNER will make an adjustment (excluding profit) and modify the Contract in writing accordingly. CONTRACTOR will be notified of OWNER's determination whether an adjustment of the Contract is warranted. 3. No Contract adjustment will be allowed unless CONTRACTOR has submitted the written request for adjustment within the time prescribed. 4. No Contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which adjustment is provided or excluded under any other term or condition of this Contract. B. -Significant Changes in the Character of Work 1. OWNER; reserves the right to make, in writing, at Any time during the Work, such changes in quantities and such alterations in the Work as are necessary to satisfactorily complete the Project. Such changes in quantities and alterations will not invalidate the Contract nor release the surety, and CONTRACTOR agrees to perform the Work as altered. 2. If the alterations or changes in quantities significantly change the character of the Work under the Contract, whether such alterations or changes are in themselves significant changes to the character of the Work or, by affecting other work, cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the Contract. The basis for the adjustment shall be agreed upon in writing prior to the performance of the Work. If a basis cannot be agreed upon, then an adjustment will be made either for or against CONTRACTOR in such amount as OWNER may determine to be fair and equitable. 3. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the Contract, the altered Work will be paid for as provided elsewhere in the Contract. 19 4. The term "significant change" shall apply only to the following circumstances: a. When the character of the Work, as altered, differs materially in kind or nature from that involved or included in the original proposed construction; or b. When a major item of Work, defined as an item of Work in excess of $50,000, is increased in excess of 125 percent or decreased below 75 percent of the original Contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original Contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed. 9.05 Disputed Claims For Extra Compensation A. In any case where CONTRACTOR deems that extra compensation is due for work or material not clearly covered in the Contract and not ordered by OWNER as Extra Work as defined herein, CONTRACTOR shall file a written claim with OWNER for this extra compensation before commencing the Extra Work upon which the claim is based. B. OWNER shall be responsible for damages attributable to the performance, nonperformance or delay of any other contractor, governmental agency, utility, firm, corporation, or individual authorized to do work on the project, only when these damages result from negligence on the part of OWNER, its officers or employees. In any case where CONTRACTOR deems extra compensation is due from OWNER as damages resulting from these performances, nonperformances, or delays, CONTRACTOR shall notify OWNER in writing at the time the delay occurs. C. In all cases, if the notification required pursuant to 9.05.13 is not given or, if after the notification is given, OWNER is not afforded the ability to keep strict account of actual costs as definec for force account construction, CONTRACTOR therebyagrees to waiv a claim for extra compensation for this work. Thi§Xotice WONTRACTOR, and the fact that OWNER ha sq� t ac unt of�cost as aforesaid, shall not be construe sta hing tXtalidity of the claim. The claim, when fifi%"d'Shall e m and in sufficient detail to permit aGm g jli an in elligent evaluation by OWNER. The L shall be s ed by such documentary evidence as thie �m�ras axle and shall be verified by affidavit of CoMiniM or otMersons having knowledge of the fac a Mmant wishes an opportunity to present the claiMin person, then the claim shall be accompanied by a written requdgNo do so. Where the claimant asks an opportunity to present the claim in person, OWNER, within 30 calendar days of the filing of the claim, will fix a time and place for a meeting, between the claimant and OWNER. OWNER will, within a reasonable time from the filing of the claim or the meeting above referred to, whichever is later, rule upon the validity of the claim and notify the claimant, in writing, of the ruling together with the reasons therefor. In case the claim is found to be just, in whole or in part, it will be allowed and paid to the extent so found. CONTRACTOR shall not institute any court action against OWNER for the adjudication of any claims until the claim has been first presented to OWNER pursuant to this Article. ARTICLE 10 - CHANGE OF CONTRACT TIMES 10.01 Change of Contract Times A. The Contract Times may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Times shall be made in writing and submitted by the party making the claim to the other party to the Contract. B. Any adjustment of the Contract Times will be determined in accordance with the provisions of this Article 10. 10.02 Delays Beyond CONTRACTOR's Control A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of CONTRACTOR, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in paragraph 10.01.A. Delays beyond the control of CONTRACTOR shall include, but not be limited to, negligent acts by OWNER, negligent acts by utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. 10.03 Delays Within CONTRACTOR's Control A. The Contract Times will not be extended due to delays within the control of CONTRACTOR. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 10.04 Delays Beyond OWNER's and CONTRACTOR's Control A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control ofboth OWNER and CONTRACTOR, as determined by OWNER in its sole discretion, an extension of the Contract Times in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. 10.05 Delay Damages A. In no event shall OWNER be liable to CONTRACTOR;any Subcontractor, any Supplier, or any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from: 1. delays caused by or within the control of CON- TRACTOR; or 2. delays beyond the control of both OWNER and CONTRACTOR, including, but not limited to, fires, floods, epidemics, abnormal weather conditions, acts of God, or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. 20 ARTICLE 11 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 11.01 Notice of Defects A. Prompt notice of all defective Work of which OWNER has actual knowledge will be given to CONTRACTOR. All defective Work may be rejected, corrected, or accepted as provided in this Article 11. 11.02 Access to Work A. OWNER, OWNER's Professional Consultant, other representatives and personnel of OWNER, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's Site safety procedures and programs so that they may comply therewith as applicable. 11.03 Tests and Inspections A. CONTRACTOR shall give OWNER timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. OWNER shall employ and pay for the services of an: independent testing laboratory to perforn"l inspections, tests, or approvals required by the Contist Documents except: n 1. for inspections, tests,o s cov�by .-it9 paragraphs 11.03.0 and 11.03w;N 1 2. that costs incurred in co4voiorilith t r inspections conducted pursuantS�Lrag��ph 1 shall be paid as provided in said Up .04.13; and VP 3. as otherwise specifically provided itRe Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish OWNER the required certificates of inspection or approval. D. CONTRACTOR shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for OWNER's acceptance of materials or equipment to be incorporated in the Work, or acceptance of materials, prix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to OWNER. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by CONTRACTOR without written concurrence of OWNER, it must, if requested by OWNER, be uncovered for observation. F. Uncovering Work as provided in paragraph 11.03.E shall be at CONTRACTOR's expense unless CONTRACTOR has given OWNER timely notice of CONTRACTOR's intention to cover the same and OWNER has not acted with reasonable promptness in response to such notice. 11.04 Uncovering Work A. If any Work is covered contrary to the written request of OWNER, it must, if requested by OWNER, be uncovered for OWNER's observation and replaced at CONTRACTOR's expense. B. If OWNER considers it necessary or advisable that inspected covered Work be observed by OWNER, reinstalled or tested by others, CONTRACTOR, at OWNER's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as OWNER may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the a8tount thereof, OWNER may make a Claim therefor as provided in Article 9. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, , exposure, observation, inspection, testing, replaceinent, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a Claim therefor as provided in Article 9. 11.05 0WNER'-May Stop the Work A. If the Work is defective, or CONTRACTOR fails to supply sufficiently skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work or any portion thereof, until the cause for such order has been eliminated. The right of OWNER, however, to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or any surety for,employee or agent of any of them. 11.06 Correction or Removal of Defective Work A. CONTRACTOR shall correct all defective Work, whether fabricated, installed, or completed, or, if the Work has been rejected by OWNER, remove it from the Project and replace it with Work that is not defective. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, 21 attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal, including, but not limited to, all costs of repair or replacement of work of others. 11.07 Correction Period A. If, within two years after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations, the terms of any applicable special guarantee required by or specific provision stated in the Contract Documents , any Work, material, or equipment is found to be defective, or if the repair of any damages to the land or areas made available for CONTRACTOR's use by OWNER or permitted by Laws and Regulations as contemplated in paragraph 6.1 LA is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions, perform one to more of the following remedial actions: (i) repair such defective land or areas; (ii) correct such defective Work or, if the defective Work has been rejected by OWNER, remove it from the Project and replace it with Work that is not defective; or (iii) satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions or, in an emergency where delay would cause serious risk of loss or damage, OWNER may perform or have a third party perform the required remedial actions, and CONTRACTOR shall pay all Claims, costs, losses, and damages, including, but not limited to, all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs arising out of or relating to the performance of said remedial action. B. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. C. Where defective Work and dam* to other Work resulting therefrom has been t®rected4Bt rem2yo and replaced under this paragraph lWahellrrectto eriod hereunder with respect to such R�k�iill Fee-extenie"or an additional period of one year afte£ws co&tion oval and replacement has been satisfaeti� complete D. CONTRACTOR's oblig round& thisph 11.07 are in addition to any other latio(�r wary. The provisions of this paragraph 11.0 all noLhe construed as a substitute for or a waiver of the provisionsm'f any applicable statute of limitation or repose. 11.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, OWNER prefers to accept it, OWNER may do so. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to OWNER's evaluation of and determination to accept such defective Work and the diminished value of the Work to the extent not otherwise paid by CONTRACTOR pursuant to this sentence. If any such acceptance occurs prior to final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in Article 9. If the acceptance occurs after final payment, an appropriate amount will be paid by CONTRACTOR to OWNER. 11.09 OWNER May Correct Defective Work A. If CONTRACTOR fails within a reasonable time after written notice from OWNER to correct defective Work or to remove and replace rejected Work as required by OWNER in accordance with paragraph 11.06.A, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days written notice to CONTRACTOR, correct and remedy any such deficiency. B. In exercising the rights and remedies under this section, OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the Site, take possession of all or part of the Work and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, and OWNER's other contractors access to the Site to enable OWNER to exercise the rights and remedies under this section. C. All Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by OWNER in exercising the rights and remedies under this paragraph 11.041gill be charged against CONTRACTOR, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the aMount of the adjustment, OWNER may make a Claim therefor as provided in Article 9. Such claims, costs, losses and damages will include, but not be limited to, all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of CONTRACTOR's defective Work. D. CONTRACTOR shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies under this section 11.09. ARTICLE 12 - PAYMENTS TO CONTRACTOR AND COMPLETION 12.01 Schedule of Values 22 A. The schedule of values established pursuant to paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to OWNER. Progress payments on account of Unit Price Work will be based on the number of units completed. 12.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date established for each progress payment, but not more often than once a month, CONTRACTOR shall submit to OWNER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect OWNER's interest therein, all of which must be satisfactory to OWNER. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of CONTRACTOR stating that all previous progress payments received on account of the Work have been, applied on account to discharge QJNTRACTOR'' legitimate obligations associated withloor Ap Ip�tions for Payment. C> ►! g_ 0 3. The amount of retainax r respect to Imess payments will be as stipulated4 A1*emet B. Review of Applications =� rn -V ►� 1. OWNER will, within 10 �safter ceiptofeach Application for Payment, indicai�in writ acceptance or denial of the Application for Payment. If the Application is denied, OWNER shall state the reasons for such denial and CONTRACTOR may make the necessary corrections and resubmit the Application. 2. Payment by OWNER of amount requested in an Application for Payment will constitute a representation by OWNER that to the best of OWNER's knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents subject to: (i) an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, (ii) the results of any subsequent tests called for in the Contract Documents, (iii) a final determination of quantities and classifications for Unit Price Work under Article 9, and (iv) any other qualifications stated in the recommendation; and C. the conditions precedent to CONTRACTOR's entitlement to such payment appear to have been fulfilled in so far as it is OWNER's responsibility to observe the Work. 3. By making any such payment OWNER will not thereby be deemed to have accepted that: (i) inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work, or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 4. Neither OWNER's review of CONTRACTOR's Work for the purposes of making payments, including Final Payment, will impose responsibility on OWNER to supervise, direct, or control the Work or for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for CONTRACTOR's failure to comply with Laws and Regulations applicable to CONTRACTOR's performance of the Work. Additionally, said review or recommendation will not impose responsibility on OWNER to make any examination to ascertain how or for what purposes CONTRACTOR has used the moneys paid on account of the Contract Price, or to determine that title to any of the Work, materials, or equipment has passed to OWNER free and clear of any Liens. 5. OWNER may, because of subsequently discovered'„evidence or the results of subsequent inspections br tests, revise or revoke any such payment recommendation previously made to such extent as may be necessary to protect OWNER from loss because: a,-mthe Work is defective, or completed Work has been damaged, requires correction or replacement; b. the Contract Price has been reduced by Written Amendment or Change Orders; c. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 11.09; or d. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraph 13.02.A. C. Payment Becomes Due 1. Twenty days after presentation of the Application for Payment to OWNER, the amount will become due, subject to the provisions of paragraph 12.02.1), and when due will be paid by OWNER to CONTRACTOR. D. Reduction in Payment 23 1.OWNER may refuse to make payment of the full amount because: a. claims have been made against OWNER arising from CONTRACTOR's performance or fur- nishing of the Work; b. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens; c. there are other items entitling OWNER to a set-off against the amount requested; or d. OWNER has actual knowledge of the occur- rence of any of the events enumerated in paragraphs 12.02.B.5.a through 12.02.B.5.c or paragraph 13.02.A. 2. If OWNER refuses to make payment of the full amount, OWNER must give CONTRACTOR immediate written notice stating the reasons for such action and promptly pay CONTRACTOR any amount remaining after deduction of the amount so withheld. OWNER shall promptly pay CONTRACTOR the amount so withheld or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action. 3. If it is subsequently determined that OWNER's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by paragraph 12.02.C.1. 12.03 CONTRACTOR's Warranty of Title A. CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether in orated in the Project or not, will pass to OWW no gwir than the time of payment, free and clear of atiadWs. D� 12.04 Substantial Completift-< r r -iA N A. When CONTRAC ons*rs t tire Work ready for its intended useIT&ACT all notify OWNER in writing that t1 81aire ork 169bstantially complete (except for tjrmns s cifically listed by CONTRACTOR as incomplete) an¢quest that OWNER issue a certificate of Substantial Completion. B. Promptly thereafter, OWNER and CONTRACTOR shall make an inspection of the Work to determine the status of completion. If OWNER does not consider the Work substantially complete, OWNER will notify CONTRACTOR in writing, giving the reasons therefor. C. If OWNER considers the Work substantially complete, OWNER will prepare a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion and will issue a final certificate of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. D. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. 12.05 Partial Utilization A. Use by OWNER at OWNER's option of any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which OWNER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following conditions: 1. OWNER at any time may request, at any time and in writing, that CONTRACTOR permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER that such part of the Work is substantially complete and request OWNER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request OWNER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER and CONTRACTOR shall make an inspection of that part of the Work to determine its status of completion. If OWNER does not consider that part of the Work to be substantially complete, OWNER will notify CONTRACTOR in writing giving the reasons therefor. If OWNER considers that part of the Work to be substantially complete, the provisions of section 12.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 12.06 Final Inspection A. Upon written notice from CONTRACTOR that the entire Work or an -:ggreed portion thereof is complete, OWNER will promptly make a final inspection with CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 12.07 Final Payment A. Application for Payment 1. After CONTRACTOR has, in the opinion of OWNER, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all main- tenance and operating instructions, schedules, guaran- tees, Bonds, certificates or other evidence of insurance certificates of inspection, marked -up record documents 24 (as provided in paragraph 6.12), and any other necessary documents, CONTRACTOR may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied by the following, unless previously delivered: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.04.B.7; (ii) consent of the surety, if any, to final payment; and (iii) complete and legally effective releases or waivers satisfactory to OWNER of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in paragraph 12.07.A.2 and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish a release or receipt of payment in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. B. Review of Application and Acceptance 1. If, on the basis of OWNER's o ation of the Work during construction and final pection, and OWNER's review of the final&plicat"h for Pa.Went and accompanying documentllW_asuirethe Contract Documents, OWNEPPSemisf thattke-Work has been completed and BOid4'R�TOR'�"tStlter obligations under the Contra unients ha�en fulfilled, OWNER will, withi ys�er r of the final complete Application ym'2Ett, in in writing to CONTRACTOR tha Vof#s ace able subject to the provisions of paph J&09.OWNER will otherwise return the Application IV Payment to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 1. Thirty days after the formal acceptance of the Work by OWNER, retainage will become due and payable. 12.08 Final Completion Delayed A. If final completion of the Work is significantly delayed through no fault of CONTRACTOR, OWNER may, upon receipt of CONTRACTOR's final Application for Payment, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been finished as required in paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to OWNER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 12.09 Waiver of Claims A. The making and acceptance of final payment will constitute a waiver of all Claims: 1. by OWNER against CONTRACTOR, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to paragraph 12.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 2. by CONTRACTOR against OWNER other than those previously made in writing which are still unsettled. ARTICLE 13 - SUSPENSION OF WORK AND TERMINATION 13.01 OWNER May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination of the Contract for cause: 1. CONTRACTOR's persistent failure to perform the Work in accordance with the Contract Documents, including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.07 as adjusted from time to time pursuant to paragraph. 6104; 2. CONTRACTOR's disregard of Laws or Regulations of any public body having jurisdiction; i 3. CONTRACTOR's disregard of the authority of OWNER; or v: 4. CONTRACTOR's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in paragraph 13.0 LA occur, OWNER may, after giving CONTRACTOR and the surety, if any, seven days written notice, terminate the services of CONTRACTOR, exclude CONTRACTOR from the Site, and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment, and machinery at Site, and use the same to the full extent they could be used by CONTRACTOR without liability to CONTRACTOR for trespass or conversion, incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages, including, but not limited to, all fees and charges of engineers, architects, attorneys, and other 25 professionals and all court or arbitration or other dispute resolution costs sustained by OWNER arising out of or relating to completing the Work, such excess will be paid to CONTRACTOR. If such claims, costs, losses, and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses, and damages incurred by OWNER will be incorporated in a Change Order. When exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. C. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 13.02 OWNER May Terminate For Convenience A. Upon seven days written notice to CONTRACTOR, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Contract. In such case, CONTRACTOR shall be paid, without duplication of any items: 1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. for all claims, costs, losses, and damages including, but not limited to, all fe d charges of engineers, architects, attom and IS professionals and all court or arbitrationother 9t3pute resolution costs incurred in settlement ain& coriffn with Subcontractors, Suppliers, W41erfMnd �. 1 ��. 4. for reasonable exp :�irecNy attributable to termination. m - m CDM S ^ B. CONTRACTOR shall r Ree�aitpn accettn(of loss of anticipated profits or reve a or other economic loss arising out of or resulting from such terfi tation. 13.03 CONTRACTOR May Stop Work or Terminate A. If, through no act or fault of CONTRACTOR, the Work is suspended for more than 90 consecutive days by OWNER or under an order of court or other public authority, or OWNER fails to act on any Application for Payment within 30 days after it is submitted, or OWNER fails for 30 days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days written notice to OWNER and provided OWNER does not remedy such suspension or failure within that time, terminate the Contract and recover from OWNER payment on the same terms as provided in section 13.02. In lieu of terminating the Contract and without prejudice to any other right or remedy, if OWNER has failed for 30 days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may, seven days after providing written notice to OWNER, stop the Work until payment is made of all such amounts due CONTRACTOR, including interest thereon. The provisions of this section 13.03 are not intended to preclude CONTRACTOR from making a Claim under Article 9 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping the Work as permitted by this paragraph. ARTICLE 14 - DISPUTE RESOLUTION 14.01 Methods and Procedures A. 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. ARTICLE 15 - MISCELLANEOUS 15.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by ordinary mail, postage prepaid, to the last business address known to the giver of the notice. 15.02 Computation of Times A: When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the I& day of such period. If the last day of any such period falls oii a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 15.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 15.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Agreement. 15.05 Controlling Law A. This Contract is to be governed by the laws of the State of Iowa. 15.06 Compliance with OSHA Regulations A. CONTRACTOR and all Subcontractors shall comply with the requirements of 29 CFR 1910 (General Industry Standard) and 29 CFR 1926 (Construction Industry Standard). CONTRACTOR and all Subcontractors are solely responsible for compliance with said regulations. OR 15.07 Employment Practices A. Neither CONTRACTOR nor its Subcontractors shall employ any person whose physical or mental condition is such that its employment will endanger the health and safety of themselves or others employed on the Project. B. CONTRACTOR shall not commit any of the following employment practices and agrees to include the following clauses in any subcontracts: 1. To discharge from employmor refuse to hire any individual because of sex, raa color, religion, national origin, sexual o3matiorMender identity, marital status, age, or disab7Ptgnluch ility is related to the job performperfpnce or employee. n"< t r' --IC-)N 2. To discriminate aga+ ny i4ividt 1 terms, conditions, or privileges o ytttMht begqppw�cc�� of sex, race, color, religion, natio ginl'jlexualbsi[ntation, gender identity, marital stWas, agee�s jdisability unless such disability is related to job p6bnuance of such person or employee. 15.08 Contract Compliance Program (Anti -Discrimination Requirements). A. For all Contracts and subcontracts of $25,000 or more, CONTRACTOR and all affected Subcontractors shall abide by the requirements of the City of Iowa City Contract Compliance Program, which is included with these Specifications beginning on page CC -1. 15.09 Restriction on Non -Resident Bidding ofNon-Federal Aid Projects A. CONTRACTOR awarded the Project, together with all Subcontractors, shall be required to complete the form included with these Specifications titled the same as this section and submit it to OWNER before work can begin on the Project. Note that this requirement involves only those projects not funded with Federal moneys. 15.10 Construction Stakes 27 A. CONTRACTOR shall be responsible for the preservation of stakes and marks. Any necessary restaking will be at CONTRACTOR's expense and will be charged at a rate of $75 per hour. Q U )>"t m G -n �n N < M = M o D _ CITY OF IOWA CITY SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the City of Iowa City General Conditions of the Construction Contract and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. 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. SC -2.02 COPIES OF DOCUMENTS A. After Notice of Award, CONTRACTOR may obtain from the OWNER, at no charge, maximum of five (5) complete sets of the Drawings and Specifications. SC -5.01 BONDS AND INSURANCE Delete paragraph 5.01.A. of the General Conditions in its entirety and insert the following in its place: A. CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until two years after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Contract Documents. SC -5.04 CONTRACTOR's LIABILITY INSURANCE Delete paragraphs 5.04.A. of the General Conditions in its entirety and insert the flowin its p61n A. CERTIFICATE OF INSURANCE; CANCELLATION OR MODIFICATION r- 1 1. Before commencing work, the Contractor shall submit to the City for app , CggificatlA Insurance, meeting the requirements specified herein, to be in effect for the nt*t per The name, address and phone number of the insurance company and age t vompamf the certificate. The liability limits required hereunder must apply to this Pr t only., O 2..- The Contractor shall notify the City in writing at least thirty (30) calendar days prior to any change or cancellation of said policy or policies. 3.- Cancellation or modification of said policy or policies shall be considered just cause for the City of Iowa City to immediately cancel the contract and/or to halt work on the contract, and to withhold payment for any work performed on the contract. B. MINIMUM COVERAGE Any policy or policies of insurance purchased by the Contractor to satisfy his/her responsibilities under this contract shall include contractual liability coverage, and shall be in the following type and minimum amounts: Type of Coverage Comprehensive General Liability Bodily Injury & Property Damage' Automobile Liability Bodily Injury & Property Damage Excess Liability 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 $1,000,000 $1,000,000 Worker's Compensation Insurance as required by Chapter 85, Code of Iowa. Employer's Liability $1,000,000 Property Damage liability insurance must provide explosion, collapse and underground coverage when determined by City to be applicable. 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 primaryunderlying policies. To the fullest extent permitted by applicable state law, a Waiver of Subrogation Clause shall be added to the General Liability and Workers' Compensation policies in favor of the City, and this clause shall apply to the City, including their officers, elected officials, directors, employees and agents. Professional Liability, if applicable: The Contractor shall procure and maintain, during the life of this Agreement, Professional Errors and Omissions Liability insurance. The Contractor will notify the Owner if claims made erode the policy limits below those required above. All liability policies above, except for Workers Compensation and Professional Liability, shall include the Owner's Governmental Immunities Endorsement [See attached]. The City requires that the Contractors 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: The entire amount of Contractor's liability insurance policy coverage limits, identified in the policy and on the Certificate of Insurance, must, under the policy, be available to pay damages for which the insured Contractor becomes liable, or for which the insured assumes liability under the indemnity agreement herein contained, and such coverage amount shall not be subject to reduction or set off by virtue of investigation or defense costs incurred by Contraggr's insurer. m The entire amount of the Contractor's liability insurance policy coverage by the Contractor's insurer, with no deductible to be paid by, or self - attributed to, the Contractor unless this requirement is waived by Certificate of Insurance must set forth the nature and amount of any insured retention. 3. If Contractor's liability insurance coverage is subject to any special ex common to the type of coverage being provided, such exclusions or on the Certificate of Insurance. fttation3"15ot SII be noted 4. The Contractor shall include the Owner (City of Iowa City, including its employees, agents and assigns) as additional insured on all policies, except workers compensation and professional liability. Such additional insured endorsements(s) shall make the Contractors liability insurance primary to the Owner's and, furthermore, shall not be contributing with any other insurance or similar protection available to the Owner, whether such available protection be primary, contributing or excess. Owner shall be an Additional Insured with respect to all required aforementioned coverages, which shall be stated on all Certificates of Insurance. Such Certificates shall also state that the Governmental Immunities Endorsement apply and said endorsements shall be attached thereto. 5. The Contractor shall require any of its agents and subcontractors who perform work and/or services pursuant to the provisions of this Agreement to purchase and maintain the same types of insurance as are required of the Contractor. 6. 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. 7. 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 pursue any and all remedies available to the City. 8. 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 reduce taaggregate limits of Contractor's liability insurance below the limits required hereunder, then that event the City may in its discretion either suspend Contractor's operations or8ctivitiemnde Contract, or terminate this Contract, and withhold payment for work perfocMn 19 Contr D= C. HOLD HARMLESS N 1. The Contractor shall indemnify, defend and hold harmless the City of Iowand:3 offs employees, and agents from any and all liability, loss, cost, damage, ander nse-unclu reasonable attorneys fees and court costs) resulting from, arising out of, of-ira urrec� reason of any claims, actions, or suits based upon or alleging bodily injury, includinrdeath, property damage rising out of or resulting from the Contractor's operations under this Contract, whether such operations be by himself or herself or by any Subcontractor or by anyone directly or indirectly employed by either of them. 2. Contractor is not, and shall not be deemed to be, an agent or employee of the City of Iowa City, Iowa. SC -6.01 SUPERVISION AND SUPERINTENDENCE. Add the following paragraph C: C. 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 ENGINEER the phone number and/or paging service of this individual. SC -6.02 LABOR; WORKING HOURS Add the following new subparagraphs immediately after Paragraph 6.02.B: 1. Regular working hours shall be 7:00 a.m. to 5:00 p.m. Add the following new paragraph immediately after Paragraph 6.02.B: C. Owner will be responsible for the cost of any overtime pay or other expense incurred by the Owner for Engineer's services (including those of the Resident Project Representative, if any), Owner's representative, and construction observation services, occasioned by the performance of Work outside of regular working hours, when authorized by Owner. SC -6.06.6. CONCERNING SUBCONTRACTORS, SUPPLIERS, AND OTHERS CONTRACTOR shall 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. Such identification will not be made public at the bid opening. If no minority business enterprises (MBE) are utilized, CONTRACTOR shall furnish documentation of all efforts to recruit MBE's. OWNER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. CONTRACTOR shall submit and acceptable replacement for the rejected Subcontractor, Supplier or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriated Change Order will be issued or Written Amendment signed. No acceptance by OWNER of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of OWNER to reject defective Work. SC -6.08 PERMITS Add the following new paragraph immediately after Paragraph 6.08.A. of the General Conditions: B., Owner waives payment requirement for Building Permit. O SC -7.10 JAXES O m Add a new paragraph immediately after Paragraph 7.10.A: �—+ rC > C B. Owner is exempt from payment of sales and compensating use taxes of the�te olf'?owa d of cities and counties thereof on all materials to be incorporated into the Work. orn 3 (77 jj x 1. Owner will furnish the required certificates of tax exemption to Contractor Ifuse Me purc se of supplies and materials to be incorporated into the Work. 3+ 2. Owner's exemption does not apply to construction tools, machinery, equipment, or other property purchased by or leased by Contractor, or to supplies or materials not incorporated into the Work. B. Contractor and Subcontractors for this Project may obtain sales tax exemption certificate and an authorization letter from City of Iowa City. Certificate and letter can be presented to material suppliers which will allow the Contractor and Subcontractors to purchase building materials used in this contract exempt from Iowa sales tax and any applicable local option sales tax and school infrastructure local option tax. Complete information on qualifying materials and supplies can be found at www.state.ia.us/tax, the Iowa Department of Revenue and Finance (IDRF) web site. Links can be found in the Business Taxes and Local Government categories. SC -15.10 CONSTRUCTION STAKES Delete section 15.10.A. of the General Conditions in its entirety. SC -15.11 OWNER'S SAFETY PROGRAM A. CONTRACTOR and any Subcontractor or Supplier or other individual or entity performing or furnishing any of the Work at the Site shall complete a Contractor Orientation Program. This program is in response to OSHA regulation 29 CFR 1926 Subpart -C. This program is designed to inform you and your company's staff of hazards present associated with work on sanitary sewer lines or at Wastewater Division treatment facilities. See the attached Contractor Orientation Program document for more information. END OF SUPPLEMENTARY CONDITIONS vC-) a <1- -o m rn x z v N T� N O CITY OF IOWA CITY MEMORANDUM Date: November 19, 2010 To: Contractors, Vendors and Manufacture Representatives From: City of Iowa City Wastewater Division Re: Contractors Orientation Program Purpose: The purpose of the Contractors Orientation Program (COP) is to orient the contractor's staff of on site safety concerns during construction projects and to comply with OSHA regulation 29 CFR 1926 Subpart - C. This orientation program has been developed regarding operational and safety issues specifically at the City of Iowa City Wastewater Treatment Division. The orientation includes such information as infection control, smoking restrictions, hazardous locations, evacuation requirements, among other topics. The orientation outline and contents are available to review in the main administration building at the South Wastewater Plant. Policy: All who are providing construction, vendor, or manufacture representative services for the City of Iowa City Wastewater Treatment Division and will not be accompanied by plant or sewer maintenance staff shall be required to complete the COP course. All services awarded either by a bidding process, yearly maintenance contracts or emergency repair including but not limited to: alterations, repairs including painting, equipment replacement, equipment calibrations, and sanitary sewer pipe repair or replacement in streets or alleys require completion of the COP course. Additional service work which may require completion of the Contractors Orientation Program includes but is not limitetf to the following: Repair or maintenance of building HVAC systems. o .. Vibration and noise evaluations of plant buildings. c-; C— Service work to public utilities (electric, gas or telephone).„= i Pi . _ Water main testing, flushing, repair or maintenance. ? < I • Manufacturer representatives completing equipment service or repairs.^� N)j� = R Expectations: All who ares providing services as previously defined shall complete the OP cowse. f?wood Community College at the Iowa City or Cedar Rapids campuses will administer this cours;for the City of Iowa City Wastewater Division. The COP course is computer based training. After completing the Contactor Orientation Program, Kirkwood will issue a photo identification badge specific to the City of Iowa City Wastewater Division. Enclosed are copies of required forms and contact information for Kirkwood campuses. • The photo identification badge is required to be worn while on site at the Iowa City Wastewater Treatment Plants. • Construction service workers who have not completed the COP course will not be permitted to provide services for the City of Iowa City Wastewater Division. • The contractor will insure their staff has completed the COP course prior to dispatching them to work at the Iowa City Wastewater Treatment Division. • Completion of the COP course and payment to Kirkwood at $35.00 per is the contractor's responsibility. Payment due at time of scheduling. • The Wastewater Division project coordinator will verify that each worker has a photo identification badge while on the job site. • The City of Iowa City Wastewater Division Contractors Orientation Program must be completed once every two (2) years. November 19, 2010 Re: Contractor Orientation Program ww°°��� CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319)356-5009 FAX www.1cgov.org The City of Iowa City Wastewater Division will now require contractors, venders and manufacturer representatives to complete a Contractor Orientation Program. This program is in response to OSHA regulation 29 CFR 1926 Subpart -C. This program is designed to inform you and your company's staff of hazards present associated with work on sanitary sewer lines or at Wastewater Division treatment facilities. Enclosed you will find copies of the following: The City of Iowa City Wastewater Division, Contractor Orientation Program policy. • Iowa City Location, Registration and Rules • CVCSC Training Center Rules. (needs to be copied and taken to testing center) • Employee Personal Information Form (need to complete one form for each employee taking the program) • Kirkwood requires payment by the employee or employer prior to completing the Contractor Orientation Program. If you have any questions regarding the Contractor Orientation Program please cact me at 319-356-5170 ext. 6104 between 7:00 am and 4:00 pm Monday through FG'dgXorgu car"' E-mail me at chris-gilstrap(o)iowa-citv.org Sincerely, �^ � 00� �rvu.0 �. Ucll�"shp � O Chris D. Gilstrap Assistant Superintendent City of Iowa City Wastewater Division Cedar Valley Contractor's Safety Council Iowa City Location REGISTRATION AND RULES REGISTRATION INFORMATION: Kirkwood Cedar Rapids or Iowa City Locations To register and reserve a time -slot call: Roxanne Foley @ 319.398.7783 E-mail: Roxann.Foley@kirkwood.edu Hours of operation: Cedar Rapids Testing Facility: Monday to Friday 7:00 am to 5:00 pm Iowa City Testing Facility: Monday to Friday 9:00 am to 12:00 pm Payment of $35.00 per person due at time of scheduling test. Registrations are taken by appointment only. Space is limited. TRAINING CENTER RULES All students must read and understand the following rules. The Training Center is considered an extension of the work place and policy violations will not be tolerated. N I.D. Required C) m Students and the company or union hall registering them must givOM sWentsn Social Security number. The student must also present a valid, leg&agolvernffin issued, good condition that contains a recent, identifiable photograc epta forms of identification are: state drivers license, state I.D. card, U.�fflassport, v currenf%reign passport, green card, U.S. Military or government #Mo W. os English Language CVCSC Training Center classes are offered in English only. Students must pass a test in English. Cheating or Falsifying Anyone falsifying identification or caught cheating will be barred for 1 year NO EXCEPTIONS! Cleanliness Attendees clothing and shoes must be free of dirt, mud, chemicals, dust, grease attendees will be asked to wash, change, or cover-up to avoid damage to the center or cross contamination of other attendees. Personal Behavior Foul, abusive or inappropriate language, attendees suspected of being under the influence of drugs or alcohol, and weapons will not be tolerated. Students ejected from the Training Center for personal behavior may register future classes consistence with the rules of the Training Center. However, second time offenders shall be permanently banned from future Training Center programs. Harassment No one will be permitted to harass others. Everyone has the responsibility to avoid action, implied, or explicit, which may suggest harassment in any form. Tobacco The use of tobacco is PROHIBITED inside the building, but smoking is allowed outside. Cell Phones Radios, Cell Phones, Pagers, must be off. If students need to be reached they may be called at the Training Center. Unexcused Absence If a student leaves a class prior to completion, she/he must notify the Training Center of leaving. Without a legitimate excuse, companies will be charged the full price for the student who leaves class after registration. Passing/Failing a Course o Each course has a final test. The final CBT score is based on the nur" 00 questions asked (usually not more than 25) <80%. (Pass rate is 80%) nk Students who score less than 80% on the final test will be allowed to T�JikeIt a fTl course the same day. A score less than 80% on the second try means 'this student may NOT retake the course during the same calendar year. �-K ro When a student attains a passing score, the date of the successful training is v recorded in the on-line database and a photo id is issued. Badges Students are given a photo ID as proof of a passing score. A failing score means that the training center cannot confirm minimum safety knowledge. Individual host companies decide whether a person who fails the class will be admitted to their facility. ID's will only be issued from the Iowa City Kirkwood Campus. Signature: _ Date: Cedar Valley Contractors Safety Council (CVCSC) Personal Information Sheet Name Address State Social Security Number Contractor/Company Information Name Address State Business Phone Date City Zip Home Phone Contact Name t Courses Billed Cedar Rapids ❑ Basic OSHA ❑ Alliant 6th ❑ Alliant Prairie Creek ❑ Cedar Rapids Paper (CRP) ❑ Diamond V Mills ❑ Genencor International ❑ Quality Chef ❑ Cedar Rapids Water Pollution Citv Zip DOB 0 Iowa City, m —n ❑ U of I Hospitals n-< I -- ❑ City of IC - WasEtqter-, rn ❑ City of IC - Wato%ptKymenD . -AV,. ❑ City of IC - Landfill m CEDAR VALLEY CONTRACTOR SAFETY COUNCIL Contractor Safety Orientation Date: Basic Safety # Site Specific # City of Iowa City SIGN -IN SHEET '* Site S ecific Onl STUDENT S.S. COMPANY BASIC SITE SITE SIGNATURE NUMBER PIF COURSE PIF >{2l31� J�11� OZ i2 Nd a311A Technical Specifications for City of Iowa City Influent Channel Modifications Project City of Iowa City Iowa City, Iowa I hereby certify that this engineering document was prepared by me or under my direct personal supervision and that I am a duly licensed Professional Engineer under the laws of the State of Iowa. Discipline: Civil Engineer, Iowa License No. 13153 License expires December 31, 2018. Pages or sheets covered by this seal: As designated by JMB on Table of Contents goo in M-14 Stanley Consultants INC A siewky CvWp C=Wq E gheemg, Erntrwm UJ y Cwftdon $mKm Wvldwde N O m 000105. dm ;`�y0� ••fir �: = � •1 }� __ Qom_ U? N 13753 • � a ' � • '�NHaN�••� low A, n 000105. dm 22800.05.22 TABLE OF CONTENTS ms1948 SECTION 00 01 10 -Page 1 INFLUENT CHANNEL MODIFICATIONS PROJECT WASTEWATER TREATMENT FACILITY CITY OF IOWA CITY IOWA CITY, IOWA SPECIFICATIONS GROUP GENERAL REQUIREMENTS SUBGROUP Resp. Charge Section Title Page DIVISION 01 GENERAL REQUIREMENTS 2 JMB 01 1100 Summary of Work 1 1 to to 2 JMB 01 1500 Work Sequence 1 to 3 JMB 01 2000 Price and Payment Procedures Request for Information (RFI) Form 1 JMB 01 25 13 Product Substitutions Procedures 1 to 2 Product Substitution Request Form 1 JMB 01 3000 Administrative Requirements 1 to 4 7 JMB 01 3300 Submittal Procedures 1 to 4 JMB 01 4000 Quality Requirements 1 to 6 JMB 01 5000 Temporary Facilities and Controls 1 to JMB 01 6000 Product Requirements 1 1 to to 4 4 JMB 01 7000 Execution and Closeout Requirements JMB 01 7319 Installation Requirements 1 to 3 FACILITY CONSTRUCTION SUBGROUP DIVISION 03 CONCRETE 1 to 12 ALB 03 00 10 Concrete Work m y ra CD 22800.05.22 SUMMARY OF WORK ms1948 SECTION 01 11 00 - Page 1 PART1 GENERAL 1.01 WORK COVERED BY CONTRACT DOCUMENTS A. Work of this Agreement comprises of modifications to existing influent channel at the wastewater treatment plant. Work includes adding concrete fillets and center divider walls and associated miscellaneous work. 1.02 AGREEMENT A. Construct Work under single lump sum Agreement. 1.03 WORK BY OTHERS A. Work on Project which will be executed prior to start of Work of this Agreement, and which is excluded from this Agreement, as follows: None. 1.04 WORK SEQUENCE A. Construct Work in stages to accommodate Owner's use of premises during construction period; coordinate construction schedule and operations with Owner. B. See Section 01 15 00 for additional work sequence requirements. 1.05 CONTRACTOR USE OF PREMISES A. Confine construction activities to within plant property boundaries. Do not trespass on private property. B. Limit Contractor's use of premises for Work and for storage, to allow for: 1. Work by other contractors. 2. Owner occupancy. 3,- Public access. m C. Existing facilities: - 1. Wastewater treatment plant will be in operation throughout execution of k onOct. SMdule and conduct work to minimize interference with plant operation and mair4gr3.Vce.1 ConsMion activity, insofar as practicable, shall not interfere with operation of plant. = Cn " 2. Proyide temporary piping, pumping, power, and control facilities as requi� MQ&tain M continuous plant operation and complete treatment except as otherwise fledlc Inteof existing plant utilities shall be maintained by Contractor at all times. Mai oa mcce r c,l plant operations vehicles to all treatment process units, or provide alternate temporary road access to all treatment process units, or provide alternate temporary road access-dt no additional cost to City, at all times. 3. It is assumed that existing facilities outside scope of this contract are in good repair. Damage or defects noticed by Contractor shall be reported to Owner immediately and prior to start of any work. Damage caused by Contractor shall be repaired and/or replaced to its original condition as determined by Owner, at no additional cost to Owner. 4. Take special precautions to protect operating mechanical equipment, power supply and distribution equipment, and Instrumentation equipment from exposure to weather, concrete dust, debris, dirt, and water during construction period. D. Assume full responsibility for protection and safekeeping of items under this Agreement, stored on Site. E. Obtain and pay for use of additional storage or Work areas needed for operations. 1.06 1.07 2 - SECTION 01 11 00 COORDINATION F"M A. Coordinate use of premises under direction of Owner. Confine construction equipment, storage of materials and equipment and operations of workers to areas permitted by law, ordinances, permits, or requirements of Contract Documents, and shall not unreasonably encumber premises with construction equipment or other material or equipment. B. If it is necessary for Contractor to move its equipment, materials, or materials included in work to allow for continuous operation of plant, Contractor shall do so promptly and as directed by Owner. C. Coordinate work of various sections of the specifications to assure efficient and orderly sequence of installation of construction elements, with provisions for accommodating items installed later. D. Verify characteristics of elements of interrelated operating equipment are compatible; coordinate work of various sections having interdependent responsibilities for installing, connecting to, and placing in service, such equipment. OWNER OCCUPANCY A. Owner will occupy premises during entire period of construction for conduct of its normal operations. Cooperate with Owner's Representative in all construction operations to minimize conflict, and to facilitate Owner usage. B. Maintain existing utility services in substantially continuous operation during construction, making and removing temporary connections as necessary. C. Perform Work hazardous to operation of existing wastewater treatment plant, or which will require interruption of service at times specifically approved by Owner. PART PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION O �c-,c D=i m r— n-< �nN i <r M v m s D N O 22800.05.22 WORK SEQUENCE ms1948 SECTION 01 15 00 - Page 1 PART1 GENERAL 1.01 CONTINUITY OF PLANT OPERATIONS A. Existing wastewater treatment plant will continuously receive and treat wastewater to meet effluent discharge requirements; these functions shall not be interrupted except as specified herein. Coordinate work to minimize interference with normal operation of plant equipment and processes. B. Contractor shall not operate Owner's equipment. Owner will open and close valves and gates and take units off line to assist in Contractor's approved construction sequence plan. Contractor shall keep Owner fully apprised of any changes in construction schedules. C. Bypassing: 1. Bypassing untreated or partially treated wastewater and sludges to surface waters or drainage courses is prohibited. 2. If bypassing caused by Contractor,.its employees, or Subcontractors occurs, Owner will be entitled to take immediate corrective action without notice to Contractor. 3. Contractor shall bear costs resulting directly or indirectly from bypassing caused by actions of Contractor, its employees, or Subcontractors, such as penalties, legal fees, expenses to stop bypass, and remedial actions. D. Notify Owner at least one week before previously scheduled outage occurs. 1.02 SUBMITTALS A. Detailed outage schedule of necessary removal from service for each affected tank, pipeline, channel, electrical/instrumentation circuit, equipment component, structure, and process. Include plant shutdown and outage schedule in construction schedule specified in Section 01 33 00. B. Describe length of time for each outage. C. Describe procedures, temporary plant, and equipment necessary to maintain treatment process operations. 1.03 SEQUENCE OF CONSTRUCTION ACTIVITIES ;A. Construction schedule prepared as specified in Section 01 33 00 shall recoghize4co straintstm sequence of construction activities specified herein. Approaches described Ellen a4 sho m on Construction Sequencing drawings are actions Contractor may choose to fomv meet intt"f constraints. Contractor may propose alternate methods to achieve similar r _ 1. Definitions: a. Dry weather periods shall, in general, be months with low precipitati4 typic?y from August through February. Actual dry weather periods shall be as determined by Ower based on weather, precipitation, flows entering plant, and plant operation requirements. b. Wet weather periods shall be any time period which is not within defined dry weather periods. c. Typical low flow period is from 12:00 a.m. to 6:00 a.m. d. Minor Shutdown: Any shutdown requiring less than 4 hours. e. Major Shutdown: Any shutdown other than a minor shutdown. f. Unit Bypass: Bypassing process units, equipment, or conveyances by routing flow around units/equipment/conveyance via pumps and piping systems. 2. Contractor shall provide all necessary equipment, bulkheads, pumps, temporary piping, power and appurtenances necessary to facilitate shutdowns and unit bypasses to perform the Work. 3. Temporary pumping systems shall consist of multiple pumps, 2 minimum, capable of pumping anticipated flows of 12 mgd (8328 gpm) in combination. a. Pumping system shall be configured for automatic. b. Contractor shall operate and maintain temporary pumping systems and equipment during shutdowns. 4. Plant shutdown: Partial or complete liquid treatment plant shut down not allowed. - SECTION 01 15 00 5. Influent Channel Shutdowns. a. Minor shutdowns of the influent channel for up to 4 hours can be scheduled during low flow periods with 14 days advance notice to Owner. b. Longer influent channel flow stoppages are only allowed with use of system to provide for unit bypass to maintain continuity of flow to the rest of the wastewater treatment plant: 6. Approach to Influent Channel Modifications: a. Option 1 — Bypass Flow Around Influent Channel Through Temporary Piping (Preferred) 1) Provide temporary piping or hoses to convey flow from up two of the six influent pump station discharge pipes to the grit units downstream of the influent channel. 2) Each pump can discharge 12 mgd (8328 gpm) 3) Temporary piping/hoses shall be adequately sized, supported, and anchored to convey the full flow of each pump. Pipe and hoses shall be adequately restrained against thrust forces. 4) HDPE pipe or gator-type hose are possible conveyance options. 5) Perform the work. 6) Remove the temporary piping system and restore existing to original configurations. b. Option 2 — Bypass Flow Around Influent Channel Via Temporary Pumping and Piping 1) During minor shutdown, install two temporary bypass pumps in pump discharge bay. 2) Install temporary bypass piping from bypass pumps to the grit units downstream of the influent channel. Refer to Option 1 for temporary pipe/hose conveyance requirements. 3) During minor shutdown, install removable bulkhead across the upstream end of the influent channel to block from entering influent channel. 4) Operate bypass pumping system to control flow level in pump discharge bay and prevent from overflowing out of the structure. 5) Upon completion of channel work, arrange temporary bulkheads to isolate Yz of the pump discharge bay at a time to allow installation of the new fillets; alternately extend the discharge piping of two of the influent pumps past the pump discharge bay to the upstream end of the influent channel. 6) During minor shutdown, install baffle between channel to equalization basin and pump discharge bay. PART PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION C= c_- D--1 �-) N {�^' �C-) rn 3 r z7� N N O 22800.05.22 PRICE AND PAYMENT PROCEDURES ms1948 SECTION 0120 00 - Page 1 PART1 GENERAL 1.01 CONTINGENCY ALLOWANCES A. Include in Contract, a stipulated price of $10,000 for use upon Owner's instruction B. Contractor's costs for products, delivery, installation, labor, insurance, payroll, taxes, bonding, equipment rental, overhead and profit will be included in Change Orders authorizing expenditure of funds from this Contingency Allowance. C. Funds will be drawn from Contingency Allowance only by Change Order authorized by Owner. D. At closeout of Contract, funds remaining in Contingency Allowance will be credited to Owner by Change Order. 1.02 SCHEDULE OF VALUES A. Submit a printed schedule on EJCDC C-620 — Contractor's Application for Payment. Contractor's standard form or electronic media printout will be considered. B. Submit Schedule of Values in duplicate within 15 days after date of Owner -Contractor Agreement. C. Format: Use Table of Contents of this Project Manual. Identify each line item with number and title of major specification Section. D. Include within each line item, a direct proportional amount of Contractor's overhead and profit. E. Revise schedule to list approved Change Orders, with each Application for Payment. 1.03 APPLICATIONS FOR PAYMENT A. Submit 3 copies of each application on EJCDC C-620 — Contractor's Application for%yment or Contractor's electronic media driven form. SC-) B. Content and format: Use Schedule of Values for listing items in Application 9jily p t. =iff tV C. Submit an updated construction schedule with each Application for PaymenS.m M D. Ppyment period: Submit at intervals stipulated in Agreement. N 0 E. Submit with transmittal letter as specified for Submittals in Section 01 33 00. —J F. Substantiating data: When Engineer requires substantiating information, submit data justifying dollar amounts in question. Include following with application: 1. Partial release of liens from major subcontractors and vendors. 2. Record documents as specified in Section 01 70 00, for review by Owner which will be returned to Contractor. 3. Affidavits attesting to off-site stored products. 4. Construction progress schedules, revised and current. 1.04 CHANGE PROCEDURES A. Submittals: Submit name of individual authorized to receive change documents, and be responsible for informing others in Contractor's employ or Subcontractors of changes to Work. PRICE AND PAYMENT PROCEDURES 22800.05.22 Page 2 - SECTION 0120 00 ms1948 B. Engineer will advise of minor changes in Work not involving an adjustment to Contract Price or Contract Time by issuing supplemental instructions on Engineer's Instruction to Contractor (ITC) Form. C. Engineer may issue a proposal request which includes detailed description of proposed change with supplementary or revised Drawings and Specifications, change in Contract Time for executing change. Contractor will prepare and submit an estimate within 10 days. D. Contractor may propose changes by submitting a change authorization request to Engineer, describing proposed change and its full effect on Work. Include a statement describing reason for change, and effect on Contract Price and Contract Time with full documentation and a statement describing effect on Work by separate or other contractors. Document any requested substitutions in accordance with Section 0160 00. E. Stipulated price Change Order: Based on proposal request and Contractor's fixed price quotation or Contractor's change authorization request as approved by Engineer. F. Time and material Change Order: Submit itemized account and supporting data after completion of change, within time limits indicated in Conditions of Contract. Engineer will determine change allowable in Contract Price and Contract Time as provided in Contract Documents. No time and material work will be performed without prior written authorization by Engineer. G. Maintain detailed records of work done on time and material basis. Provide full information required for evaluation of proposed changes, and to substantiate costs for changes in Work. H. Document each quotation for a change in cost or time with sufficient data to allow evaluation of quotation. I. Change Order Forms: Engineer's Change Order Form. J. Execution of Change Orders: Engineer will issue Change Orders for signatures of pas as provided in Conditions of Contract. p s K. Correlation of Contractor submittals: 1. Promptly revise Schedule of Values and Application for Payment forms to a*h aut ortzed Change Order as a separate line item and adjust Contract Price. N 2. Promptly revise progress schedules to reflect any change in Contract Time::Ae sr6b-sct�77 1eaeles to adjust times for other items of work affected by change, and resubmit. S v 3. Promptly enter changes in Project Record Documents. �� N 'a lV 1.05 REQUEST FOR INFORMATION o A. Questions regarding conflicts or intent of the Contract Documents shall be submitted by Contractor on attached Request for Information (RFI) form. 1.06 DEFECT ASSESSMENT A. Replace Work, or portions of Work, not conforming to specified requirements. B. If, in opinion of Engineer, it is not practical to remove and replace Work, Engineer will direct an appropriate remedy or adjust payment. C. Authority of Engineer to assess defect and identify payment adjustment, is final. D. Nonpayment for rejected products: Payment will not be made for rejected products for any of following: 1. Products wasted or disposed of in a manner that is not acceptable. 2. Products determined as unacceptable before or after placement. 3. Products not completely unloaded from transporting vehicle. 22800.05.22 PRICE AND PAYMENT PROCEDURES ms1948 SECTION 01 20 00 - Page 3 4. Products placed beyond lines and levels of required Work. 5. Products remaining on hand after completion of Work. 6. Loading, hauling, and disposing of rejected products. PART PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION N � _O m M rn nx N REQUEST FOR INFORMATION RFI No.: Stanley Consultants INC Contract No. Date: and Name: Contractor: Owner: Engineer: Subject: Drawing Reference: Information Required (Be Specific): Contractor Representative Reply: Engineer Representative Spec Section: Date THIS IS NOT A CHANGE IN SCOPE AUTHORIZATION. IF, IN YOUR OPINION, THIS RESPONSE INVOLVES WORK WHICH CHANGES THE CONTRACT PRICE OR TIME, YOU MUST SUBMIT A PROPOSAL OR A NOTICE AS REQUIRED IN THE CONTRACT DOCUMENTS. 0 O 0 n� N Date ZE N THIS IS NOT A CHANGE IN SCOPE AUTHORIZATION. IF, IN YOUR OPINION, THIS RESPONSE INVOLVES WORK WHICH CHANGES THE CONTRACT PRICE OR TIME, YOU MUST SUBMIT A PROPOSAL OR A NOTICE AS REQUIRED IN THE CONTRACT DOCUMENTS. 22800.05.22 PRODUCT SUBSTITUTIONS PROCEDURES ms1948 SECTION 0125 13 - Page 1 PART1 GENERAL 1.01 SUBSTITUTIONS A. For period of 30 days after effective date of Agreement, Engineer will consider formal requests from Contractor for substitution of products in place of those specified. After end of that period, requests will be considered only in case of product unavailability or other conditions beyond control of Contractor. B. Submit 3 copies of request for substitution for consideration using attached Product Substitution Request Form. Limit each request to one proposed Substitution. Support each request with: 1. Complete data substantiating compliance of proposed substitutions with requirements stated in Contract Documents. Burden of proof is on proposer. a. Product identification, including manufacturer's name and address. b. Manufacturer's literature; identify: 1) Product description. 2) Reference standards. 3) Performance and test data. c. Samples, as applicable. d. Name and address of similar projects on which product has been used, and date of each installation. 2. Itemized comparison of proposed substitution with product specified; list significant variations. 3. Data relating to changes in construction schedule. 4. Any effect of substitution on separate contracts. 5. List of changes required in other work or products. 6. Accurate cost data comparing proposed substitution with product specified. Amount of any net change to Contract Price. 7. Designation of required license fees or royalties. 8. Designation of availability of maintenance services, sources, or replacement materials. C. Substitutions will not be considered for acceptance when: 1. They are indicated or implied on Shop Drawings. 2. They are requested directly by Subcontractor or supplier. 3. Acceptance will require substantial revision of Contract Documents. O � D. Substitute products shall not be ordered or installed without written notificatioAlfiS meei"fn Qwner's acceptance. a_4 rtv r E. Engineer will determine acceptability of proposed substitutions. �m = M 1.02 CONTRACTOR'S REPRESENTATION Q� N JP- A. In making formal request for substitution Contractor represents that: 1. It has investigated proposed product and has determined that it is equal to or superior in all respects to that specified. 2. It will provide same warranties or Bonds for substitution as for product specified or as required by Owner. 3. It will coordinate installation of accepted substitution into Work, and will make such changes as may be required for Work to be complete in all respects. 4. It waives claims for additional costs caused by substitution which may subsequently become apparent. 5. Cost data is complete and includes related costs under its Agreement, but not: a. Costs under separate contracts. b. Engineer's costs for redesign or revision of Contract Documents. 6. It will reimburse Owner for charges of Engineer or Engineer's consultants for evaluating any proposed substitute, whether proposed substitute is accepted or rejected. Page 2 - SECTION 01 25 13 1.03 ENGINEER DUTIES A. Review Contractor's requests for substitution with reasonable promptness and advise Owner. B. Notify Contractor in writing of Owner's decision to accept or reject requested substitution. PART PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION ms1948 a� *n T ■, 5;- E) IV r v gX N q N O PRODUCT SUBSTITUTION REQUEST FORM To: Project: Specified Item: Section Page Paragraph The undersigned request consideration of the following: PROPOSED SUBSTITUTION Description Attached data includes product description, specifications, drawings, photographs, performance, and test data adequate for evaluation of the request; applicable portions of the data are clearly identified. Attached data also includes a description of changes to the Contract Documents that the proposed substitution will require for its proper installation. The undersigned certifies that the following paragraphs, unless modified by attachments are correct: 1. The proposed substitution does not affect dimensions shown on Drawings. 2. The undersigned will pay for changes to the building design, including engineering design, detailing, and construction costs caused by the requested substitution. 3. The proposed substitution will have no adverse affect on other trades, the construction schedule, or specified warranty requirements. 4. Maintenance and service parts will be locally available for the proposed substitution. The undersigned further states that the function, appearance, and quality of the proposed substitution are equivalent or superior to the specified item. Submitted by: r.o o o � Signature For use by Engineer/Arlt c Firm Approved ApWVd 4noter"" Address �r- Not Approved Rec;Md No latern By a _ J Date Date Telephone Remarks Attachments 01 30 PART1 GENERAL 1.01 COORDINATION AND PROJECT CONDITIONS A. Coordinate scheduling, submittals, and Work of the various sections of the Project Manual to ensure efficient and orderly sequence of installation of interdependent construction elements, with provisions for accommodating items installed later. B. Verify utility requirements and characteristics of operating equipment are compatible with building utilities. Coordinate work of various sections having interdependent responsibilities for installing, connecting to, and placing in service, such equipment. C. Coordinate space requirements, supports, and installation of mechanical and electrical Work which are indicated diagrammatically on Drawings. Follow routing shown for pipes, ducts, and conduit, as closely as practicable; place runs parallel with lines of building. Utilize spaces efficiently to maximize accessibility for other installations, for maintenance, and for repairs. D. In finished areas, conceal pipes, ducts, and wiring within the construction. Coordinate locations of fixtures and outlets with finish elements. E. Coordinate completion and clean-up of Work of separate sections in preparation for Substantial Completion and for portions of Work designated for Owner's partial occupancy. F. After Owner occupancy of premises, coordinate access to site for correction of defective Work and Work not in accordance with Contract Documents, to minimize disruption of Owner's activities. G. Coordinate temporary facilities required to maintain continuity of treatment facility operations during construction. 1.02 PROJECT SITE ADMINISTRATION A. Contractor shall provide competent, suitably qualified personnel to survey and �lal out Zrk and perform construction as required by Contract Documents. Contractor shall at adbtnes aintaiod discipline and order at site. q=� r B. Except in connection with safety or protection of persons or Work or property apR9 Iacerr thereto, and except as otherwise indicated in Contract Documents, all Work at s4rghall.16p peffted during regular working hours, and Contractor shall not permit overtime work or p mOke of JPk on.Saturday, Sunday, or any legal holiday without Owner's written consent giver pAu1 writt notice to Engineer. Y O C. Incompetent or incorrigible employees shall be dismissed from Work by Contractor or its representative when requested by Engineer, and such persons shall not again be permitted to return to Work without written consent of Engineer. D. Workmanship shall be of best quality. 1.03 FIELD ENGINEERING A. Contractor shall locate and protect survey control and reference points. Promptly notify Engineer of any discrepancies discovered. B. Verify set -backs and easements; confirm drawing dimensions and elevations. C. Provide field engineering services. Establish elevations, lines, and levels, utilizing recognized engineering survey practices. D. Maintain a complete and accurate log of control and survey work as it progresses. ADMINISTRATIVE REQUIREMENTS 22800.05.22 Page 2 - SECTION 01 30 00 ms1948 1.04 PROJECT MEETINGS A. Representatives of Contractor, Subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of entity each represents. B. Preconstruction meeting: 1. Owner's Resident Project Representative will schedule a meeting 15 days after Notice to proceed 2. Location: Wastewater treatment plant or other location convenient for all parties, designated by Owner. 3. Attendance: a. Owner's representative. b. Contractor's superintendent. c. Major Subcontractors. d. Major suppliers. e. Others as appropriate. 4. Agenda: a. Submission of executed bonds and insurance certificates. b. Distribution of Contract Documents. c. Submission of list of Subcontractors, list of products, schedule of values, and progress schedule. d. Designation of personnel representing the parties in Contract and the Engineer. e. Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal request, Change Orders, and Contract closeout procedures. f. Scheduling. g. Use of premises by Owner and Contractor. h. Owner's requirements and partial occupancy. I. Temporary facilities j. Security and housekeeping procedures. k. Procedures for testing. I. Procedures for maintaining record documents. nth. Requirements for start-up of equipment. 6. Inspection and acceptance of equipment put into service during construction iod. 5. Awner's Resident Project Representative will prepare meeting notes and distribuT opies within 2 -daMafter meeting to participants, with copies to Engineer, Owner, participants, ael?those affected by decisions made. C,)-< .C. Progress meetings: :1n IV r 1. Schedule and administer meetings throughout progress of the Work at pe4VLft' Nimurrn intervals. z Owner's Representative will hold called meetings as required by progressPori" 3. Location of meetings: Project field office of Owner. a 4. Owner's Representative will make arrangements for meetings, prepare agenda with copies for participants, preside at meetings. 5. Attendance: a. Contractor and Subcontractors as appropriate to agenda. b. Suppliers as appropriate to agenda. c. Others. 6. Suggested agenda: a. Review, approval of minutes of previous meeting. b. Review of Work progress since previous meeting. c. Field observations, problems, conflicts. d. Problems which impede construction schedule. e. Review of off-site fabrication, delivery schedules. f. Corrective measures and procedures to regain projected schedule. g. Revisions to construction schedule. h. Progress, schedule, during succeeding Work period. i. Coordination of schedules. j. Review submittal schedules; expedite as required. k. Maintenance of quality standards. ms 01 30 00 - Page 3 I. Pending changes and substitutions. m. Review proposed changes for: 1) Effect on construction schedule and on completion date. 2) Effect on other contracts of Project. 3) Other business. Owner's Representative will prepare meeting notes and distribute copies within 5 days after meeting to participants, with copies to Engineer, Owner, participants, and those affected by decisions made. D. Preinstallation meeting: 1. When required in individual specification sections, convene a preinstallation meeting at Site prior to commencing work of the section. 2. Require attendance of parties directly affecting, or affected by, Work of the specific section. 3. Notify Owner's Representative 4 days in advance of meeting date. 4. Prepare agenda and preside at meeting: a. Review conditions of installation, preparation and installation procedures. b. Review coordination with related work. 5. Record minutes and distribute copies within 2 days after meeting to participants, with copies to Engineer, Owner, participants, and those affected by decisions made. PART PRODUCTS 2.01 EQUIPMENT ELECTRICAL CHARACTERISTICS AND COMPONENTS A. Motors: Specific motor type is specified in individual specification sections. B. Wiring Terminations: Provide terminal lugs to match branch circuit conductor quantities, sizes, and materials indicated. Include lugs for terminal box. C. Cord and Plug: Provide minimum 6'(2 m) cord and plug including grounding connecto for connection to electric wiring system. Cord of longer length is specified in individual specificationtim ions. 0 PART 3 EXECUTION �a �r n� N 3.01 SPECIAL PROCEDURES �In A. Materials: As specified in product sections; match existing with new products fCDP ch andv extending work. P9 y B. Employ skilled and experienced installer to perform alteration work. C. Cut, move, or remove items as necessary for access to alterations and renovation Work. Replace and restore at completion. D. Remove unsuitable material not marked for salvage, such as rotted wood, corroded metals, and deteriorated masonry and concrete. Replace materials as specified for finished Work. E. Remove debris and abandoned items from area and from concealed spaces. F. Prepare surface and remove surface finishes to provide for proper installation of new work and finishes. G. Close openings in exterior surfaces to protect existing work from weather and extremes of temperature and humidity. H. Remove, cut, and patch Work in a manner to minimize damage and to provide means of restoring products and finishes to specified condition. ADMINISTRATIVE REQUIREMENTS 22800.05.22 Page 4 - SECTION 01 30 00 ms1948 I. Refinish existing visible surfaces to remain in renovated rooms and spaces, to renewed condition for each material, with a neat transition to adjacent finishes. J. Where new Work abuts or aligns with existing, provide a smooth and even transition. Patch Work to match existing adjacent Work in texture and appearance. K. When finished surfaces are cut so that a smooth transition with new Work is not possible, terminate existing surface along a straight line at a natural line of division and submit recommendation to Engineer for review. L. Trim existing doors as necessary to clear new floor finish. Refinish trim as required. M. Patch or replace portions of existing surfaces which are damaged, lifted, discolored, or showing other imperfections. N. Finish surfaces as specified in individual product sections. END OF SECTION o rr' p m = D� r C7� -{n N �.. r 'gyr m a m o� Q D _ v 01 33 GrF3 PART1 GENERAL 1.01 SUBMITTAL PROCEDURES A. Submit electronically submittals required by Specification Sections. Contact Engineer as listed below for submittal instructions. An FTP/FTA site or direct posting site will be provided after award to post submittals and to receive return submittals: Mr. Jay Brady Email: bradviay(U)stanlevoroup.com Stanley Consultants, Inc. Stanley Building 225 Iowa Avenue Muscatine, IA 52242 Office Phone: 563-264-6322 B. Submittals shall be in English language. C. Weights, measures, and units shall be English units. D. Symbols and drawings shall conform to ANSI Y32.2/IEEE 315/CSA Z99. E. Submittal review will be by ENGINEER. 1.02 CONTRACTOR RESPONSIBILITIES A. Review submittals prior to submission. Submittals not reviewed and coordinated by Contractor are subject to being returned without review to Contractor. B. Determine and verify: 1. Field measurements and dimensional information. 2. Field construction criteria. o am 3. Catalog numbers and similar data. 4. Conformance to Specifications. y .� C. Coordinate each submittal with other submittals and with requirements of tA;anftf , ■ , Contract Documents. rst = Q D. 'Notify Engineer in writing, at time of submission, of any deviations in submiFAQRroV requirements of Contract Documents. Any such deviations permitted by EfYeer G require modifications of Contract Documents. E. Provide space on Shop Drawings for Contractor and Engineer stamps. F. When Shop Drawings are revised for resubmission, identify all changes made since previous submission. G. Submittals containing language imposing duties on others (such as verification of dimensions or supply of related information) inconsistent with contract language shall be null and void. H. Submittals shall not be used as media for inquiries for information or for verification of information that must be supplied by others to Contractor. Inquiries or verification of information shall be made by separate Contractor submittal using Request for Information (RFI) process. SC3001 R4 0907 SUBMITTAL PROCEDURES 22800.05.22 Page 2 - SECTION 01 330 00 ms1948 Begin no fabrication or Work which requires submittal review until return of submittals by Engineer with stamp, as either "Reviewed", "Reviewed as Noted", or "Reviewed as Noted - Resubmit." J. Distribute copies of reviewed submittals that carry Engineer stamp as either "Reviewed" or "Reviewed as Noted" as appropriate. Instruct parties to promptly report any inability to comply with requirements. K. Submittals not requested will not be recognized or processed. 1.03 ENGINEER DUTIES A. Review required submittals with reasonable promptness and in accord with schedule, only for general conformance to design concept of Project and compliance with information given in Contract Documents. Review shall not extend to means, methods, sequences, techniques, or procedures of construction or to safety precautions or program incident thereto. Review of a separate item as such will not indicate approval of assembly in which item functions. Contractor is solely responsible for coordination and accuracy of dimensional information on shop drawings. Engineer's shop drawing review and comments on dimensional information shall not relieve Contractor's responsibility for dimensional information. B. Affix stamp and initials or signature, and indicate requirements for resubmittal, or review of submittal. Engineer's action on submittals is classified as follows: 1. Reviewed: Submittal has been reviewed and appears to be in conformance to design concept of Project and Contract Documents. Contractor may proceed with fabrication of work in submittal. 2. Reviewed As Noted: Submittal has been reviewed and appears to be in conformance to design concept of Project and Contract Documents, except as noted by reviewer. Contractor may proceed with fabrication of work in submittal with modifications and corrections as indicated by reviewer. 3. Reviewed As Noted -Resubmit: Submittal has been reviewed and appears to be in conformance to design concept of Project and Contract Documents, except as noted by reviewer. Contractor may proceed with fabrication of work in submittal with modifications and corrections as indicated by reviewer. Contractor shall make any corrections indicated by reviewer and resubmit for review. 4. Resubmit: Submittal has been reviewed and appears not to be in conformanGgto design concept of Project or with Contract Documents. Contractor shall no;HoceeGyith fabrication of work in submittal, but instead shall make any correctiot*cequi W by reviewer and resubmit for review. n=-4 r— _� 5. Returned without Review: Submittal is being returned without havinr iiewe� because: 1) not required by Contract Documents; 2) grossly incomev 3) icatAs no attempt at conformance to Contract Documents; 4) cannot be reproddtefi; cksm Contractor's completed approval stamp; or 6) lacks design professi s whe required by law or Contract Documents. If submittal is required by ( m"(rractlSbcum s, Contractor shall not proceed with Work as detailed in submittal, but instead -shall correct defects and resubmit for review. 6. For Information Only: Submittal has not been reviewed but is being retained for informational purposes only. 7. Void: Submittal is voided because it is no longer required or has been superseded by another submittal. C. Return one electronic copy of submittals to Contractor. Contractor shall make additional distribution as required. iu.SECTION 01 33 00 - 948 D. Engineer Review of submittals shall not relieve Contractor from responsibility for any variation from Contract Documents unless Contractor has, in writing, called Engineer's attention to such variation at time of submission, and Engineer has given written concurrence pursuant to Contract Documents to specific variation, nor shall any concurrence by Engineer or other reviewer relieve Contractor from responsibility for errors or omissions in submittals. 1.04 SHOP DRAWINGS SUBMITTALS A. Submit for review for limited purpose of checking for conformance to information given and design concept expressed in Contract Documents. Produce copies and distribute in accordance with article "Submittal Procedures" and for record documents purposes as described in Section 01 70 00. B. Designate in construction schedule, or in separate coordinated submittal schedule, dates for submission and dates that reviewed submittals will be needed. C. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in Work or in work of other contractors. D. Present in clear and thorough manner, complete with respect to dimensions, design criteria, materials of construction, and like information to enable review of information as required. E. Details shall be identified by reference to sheet and detail, schedule or room numbers shown on Drawings. F. Indicate special utility and electrical characteristics, utility connection requirements, and location of utility outlets for service for functional equipment and appliances. G. Equipment which is identified on Contract Documents with tag number or name shall be identified on Shop Drawing with same tag. H. Schedule submittals to expedite Project. Coordinate submission of related items. I. For each submittal for review, allow 15 days to complete review process. J. Identify variations from Contract Documents and product or system limitaigns whish may De' detrimental to successful performance of completed Work. D� K. Shop Drawings shall be submitted in electronic format. Win. N 1 Submit electronic copy to Engineer at project site, or post in FTP site�►ecific instrurtipps will be provided after award. f*7 = F `' 2. Submittal Transmittal form (see pdf attached) shall be provided in VQorrp� for submittal. MSWord template will be provided after award. 3> .3. Text documents shall be submitted in .pdf format except for the shop drawirv)Transmittal Forth. 4. Drawings shall be submitted in .pdf or .tif format. 5. Electronic submittal shall be suitable for reproduction in black and white. 6. Samples may be submitted to Engineer at address given above. L. Submittals shall contain: 1. Date of submission and dates of any previous submissions. 2. Project title and number. 3. Contract identification. 4. Names of: a. Contractor. SC3001 R4 0907 SUBMITTAL PROCEDURES 22800.05.22 Page 4 - SECTION 01 330 00 ms1948 b. Supplier. c. Manufacturer. 5. Identification of product, with Specification section number and article number. 6. Field dimensions, clearly identified as such. 7. Relation to adjacent or critical features of Work or materials. 8. Applicable standards, such as ASTM or Federal Specification numbers. 9. Identification of deviations from Contract Documents. 10. Identification of revisions on resubmittals. 11. An 8" x 3" blank space for Contractor and reviewer stamps. 12. Indication of Contractor's approval, initialed or signed, with wording substantially as follows: "Contractor represents to Owner and Engineer that Contractor has either determined and verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data, or assumes full responsibility for doing so and has reviewed or coordinated each submittal with requirements of Work and Contract Documents." 13. If Contract Documents include performance specifications stating required results which can be verified as meeting stipulated criteria, so that further design by Contractor prior to fabrication is necessary, Submittal depicting such design must be prepared under seal of professional engineer registered licensed in appropriate Iowa and Submittal shall be signed and sealed in accordance with applicable regulations and with following certification statement: "I hereby certify that this engineering document was prepared by me or under my direct personal supervision, that I am a duly registered licensed professional engineer under laws of state of Iowa and I accept responsibility for adequacy of this document to meet criteria stipulated in Contract Documents." M. Product Data: 1. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information specific to this Project. 2. Indicate product utility and electrical characteristics, utility connection requirevats, and location of utility outlets for service for functional equipment and appligffes. N. Design data: 1. Submit for Engineer's knowledge as contract administrator or for OwnQ'< r 2. Submit for information for limited purpose of assessing conformance foRi ationr given and design concept expressed in Contract Documents. m O.Data sheets: W v 1. Data sheets may require information not known until Contractor's engiiieering%- complete. Furnish estimated values based on good engineering judgment. Estitmated values shall be identified by placement of "(est.)" next to value. 2. Data Sheets shall be updated and resubmitted by Contractor once final values are known. 3. Do not leave items blank or labeled "To Be Determined" or "Later." 4. Do not submit manufacturer Product Data instead of completed data sheets. P. Test reports: 1. Submit for Engineer's knowledge as contract administrator or for Owner. 2. Submit test reports for information for limited purpose of assessing conformance with information given and design concept expressed in Contract Documents. 01 3300- 0. 300- O. Certificates: 1. When specified in individual specification sections, submit certification by manufacturer, installation/application subcontractor. 2. Indicate material or product conforms to or exceeds specified requirements. Submit supporting reference data, affidavits, and certifications as appropriate. 3. Certificates may be recent or previous test results on material or product, but must be acceptable to reviewer. R. Manufacturer's instructions: 1. When specified in individual specification sections, submit printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, to Engineer for delivery to Owner in quantities specified for Product Data. 2. Indicate special procedures, perimeter conditions requiring special attention, and special environmental criteria required for application or installation. S. Manufacturer's field reports: 1. Submit report in duplicate within 30 days of observation for information. 2. Submit for information for limited purpose of assessing conformance with information given and design concept expressed in Contract Documents. T. Erection drawings: 1. Submit for information for limited purpose of assessing conformance with information given and design concept expressed in Contract Documents. 2. Data indicating inappropriate or unacceptable Work may be subject to action by Engineer or Owner. U. Samples: 1. Samples for selection as specified in product sections: a. Submit for aesthetic, color, or finish selection. b. Submit samples of finishes in colors selected, textures, and patterns for selection. 2. Submit to illustrate functional and aesthetic characteristics of product, with integral parts and attachment devices. Coordinate sample submittals for interfacing work. ,3. Include identification on each sample, with full Project information. -4. Submit number specified in individual Specification Sections; 1 of which will be retained by Engineer. s 5. Reviewed Samples which may be used in Work are indicated in individual S�ification Sections. IO° 6.Samples will not be used for testing purposes unless specifically statp2�fication� section. y-.4 r 7. Field Samples and mock-ups: C11 p a. Erect at Project Site, at location acceptable to Engineer. 1n M b. Size or area: That specified in respective Specification Section. 'z _ c. Fabricate each Sample and mock-up complete and finished. O� d. Remove mock-ups upon acceptance of Work or when acceptable t ping. 0 V. Proposed products list: 1. Within 15 days after date of Owner -Contractor Agreement, submit list of major products proposed to Engineer for use, with name of manufacturer, trade name, and model number of each product. 2. For products specified only by reference standards, give manufacturer, trade name, model or catalog designation, and reference standards. SC3001 R4 0907 SUBMITTAL PROCEDURES 22800.05.22 Page 6 - SECTION 01 330 00 ms1948 1.05 RESUBMISSION REQUIREMENTS A. Make any corrections or changes in submittals required by Engineer and resubmit until stamped as either "Reviewed," "Reviewed as Noted," or "For Information Only." B. Text and depictions changed on Submittal shall be back -circled (clouded). C. Engineer will assume that portions of Submittal not back -circled have not been changed by Contractor from previous submission. D. Indicate revision number and date in document revision block. E. Excessive resubmittals beyond an initial submittal and one re -submittal may be backcharged through Owner to Contractor for additional engineering review and processing effort at an hourly rate of $130. 1.06 DISTRIBUTION 1.07 A. Distribute reproductions of Shop Drawings which carry Engineer stamp as either "Reviewed" or "Reviewed as Noted" to: 1. Job site file. 2. Record Documents file. 3. Other affected contractors. 4. Subcontractors. 5. Supplier or fabricator. B. Distribute Samples which carry Engineer stamp as either "Reviewed" or "Reviewed as Noted" as directed by Engineer. CONSTRUCTION PROGRESS DOCUMENTATION A. Construction progress schedules: Submit initial schedules to Owner within 15 days after date of Owner -Contractor Agreement. After review, resubmit required revised data within 10 days. B. Form of schedules: 1. Prepare schedules in form of horizontal bar chart. a. Provide separate horizontal bar for each trade or operation. 0 b. Horizontal time scale: Identify first work day of each week. *n c. Scale and spacing: To allow space for notations and future revi fl . ::- d. Minimum sheet size: 11 x 17. r 2. Format of listings: Table of Contents of this Project Manual. �r— -0 C;� 3. Format of listings: Chronological order of start of each item of WorcZ rn 4. Identification of listings: By major Specification Section numbers. Q D C. Construction progress schedule shall show: _J 1. Complete sequence of construction by activity, with Contract Price breakdown at each stage. 2. Dates for beginning, and completion of, each major element of construction specifically listing: a. Site clearing. b. Site utilities. c. Foundation Work. d. Structural framing. e. Subcontractor Work. ms 01 3300 f. Equipment installations. g. Finishes. h. Installation and use of temporary facilities required to maintain continuity of treatment plant operations. L Scheduled short term outages of treatment processes, functions, or utilities that may impact portions of the treatment plant operations. 3. Projected percentage of completion for each item, as of first day of each month. D. Submittal schedule shall show dates for Contractor's submittals. E. Prepare and submit subschedules for each separate stage of Work specified in Section 01 11 00. F. Provide subschedules to define critical portions of prime schedules. G. Progress revisions: 1. Indicate progress of each activity to date of submission. 2. Show changes occurring since previous submission of schedule: a. Major changes in scope. b. Activities modified since previous submission. c. Revised projections of progress and completion. d. Other identifiable changes. 3. Provide narrative report as needed to define: a. Problem areas, anticipated delays, and impact on schedule. b. Corrective action recommended, and its effect. c. Effect of changes on schedules of other prime contractors. H. Distribution copies of reviewed schedules to: 1. Job site file. 2. Subcontractors. 3. Other concerned parties. I. Instruct recipients to report promptly to Contractor, in writing, any problems anticipated by projects shown in schedules. g r 1.08 PHOTOGRAPHIC DOCUMENTATION do of Work�uc by F A. Provide photographs of Site and construction throughout progress ' r photographer acceptable to Engineer. --1n N rn B. -Each month submit photographs tm CD 0 C. Deliver digital files to Owner with Project Record Documents. P4 Catalog and 0ex inw chronological sequence; provide typed table of contents. o 1.09 SAFETY PROCEDURES MANUAL A. Prepare and submit to Owner safety procedures manual defining Contractor's safety program for work on site. Manual shall include: 1. Safety responsibilities of Contractor's personnel. 2. Description of Contractor's safety program. 3. Requirements of use of personal protective equipment. 4. General safety-related rules of conduct. 5. Fire prevention measures. 6. Accident reporting procedures. SC3001 R4 0907 SUBMITTAL PROCEDURES 22800.05.22 Page 8 - SECTION 01 330 00 ms1948 7. Procedures for hot work (welding, cutting, etc.), overhead work, and work in enclosed, confined spaces (tank, boiler, etc.). Reference 29 CFR Part 1910. 1.10 SUBMITTAL TRANSMITTAL FORM PROCEDURES A. Submittals shall be accompanied by completed copies of Contractor's Submittal Transmittal form. Reproduce additional copies required. B. Submit 2 copies of transmittal form for initial submittals and resubmittals. Sequentially number transmittal form. Revise submittals with original number and sequential alphabetic suffix. C. Prior to submittal, complete information under heading "Contractor's Transmittal." D. Engineer will complete information under "Reviewer's Action" E. Do not include submittals for more than one section of Specifications on Submittal Transmittal form. F. Identify project title, location, and number and contract title and number. G. Identify preparer name and, submittal number, including preparer's submittal revision number. H. A brief description under "Title" should clearly identify specific application of equipment or material covered by Submittal, utilizing where possible same title used in Drawings and Specifications. I. Identify Specification Section number. J. Apply Contractor's stamp, signed or initialed certifying that review, approval, verification of products required, field dimensions, adjacent construction Work, and coordination of information is in accordance with requirements of Work and Contract Documents. PART PRODUCTS NOT USED PART 3 EXECUTION NW, --USED END OF SECTION N o_ O a' c n� N mm m =r a D m 800.05.22 QUALITY REQUIREMENTS 22 1948 m 800.0 SECTION 0140 00 - Page 1 PART1 GENERAL 1.01 QUALITY CONTROL AND CONTROL OF INSTALLATION A. Monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce Work of specified quality. B. Comply with manufacturers' instructions, including each step in sequence. C. Should manufacturers' instructions conflict with Contract Documents, request clarification from Engineer before proceeding. D. Comply with specified standards as minimum quality for the Work except where more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship. E. Perform Work by persons qualified to produce required and specified quality. F. Verify that field measurements are as indicated on Shop Drawings or as instructed by manufacturer. G. Secure products in place with positive anchorage devices designed and sized to withstand stresses, vibration, physical distortion, or disfigurement. 1.02 TOLERANCES A. Monitor fabrication and installation tolerance control of products to produce acceptable Work. Do not permit tolerances to accumulate. B. Comply with manufacturers' tolerances. Should manufacturers' tolerances conflict with Contract Documents, request clarification from Engineer before proceeding. C. Adjust products to appropriate dimensions; position before securing products in place. 1.03 BUILDING CODES AND PERMITS A. Obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. B. Pay,all governmental charges and inspection fees necessary for prosecution of Work, Ijich are applicable at time of opening of Bids. Pay all charges of utility service compan& for c actions to Work. Owner will pay all charges of such companies for capital costs related t. C. Give all notices and comply with all laws, ordinances, building and construction s,14es, regulations applicable to Work. If Contractor observes that Specifications or Dxj&ings are at �i nce ' therewith, give Engineer prompt written notice thereof, and any necessary chanpshim a 13ed by appropriate Modification. ADXtV v D. If Contractor performs any Work knowing or having reason to know that it is contrary touch laws, ordinances, rules, and regulations, and without such notice to Engineer, Contractor shall bear all costs arising therefrom; however, it shall not be Contractor's primary responsibility to make certain that Specifications and Drawings are in accordance with such laws, ordinances, rules, and regulations. E. Obtain and pay for NPDES permit coverage for Project under Iowa DNR General Permit No. 2 for "Storm Water Discharges Associated with Industrial Activity for Construction Activities." Contractor shall be responsible for all aspects of permit application process including, but not limited to: 1. Prepare effective Storm Water Pollution Prevention Plan in accordance with Iowa DNR requirements. 2. Prepare and file complete Iowa DNR "Notice of Intent for NPDES Coverage under General Permit." QUALITY REQUIREMENTS 22800.05.22 Page 2 - SECTION 0140 00 ms1948 3. Prepare "Public Notice of Storm Water Discharge" and publish in 2 newspapers in accordance with Iowa DNR requirements. 4. Submit required information and direct questions to: Mr. Joe Griffin Storm Water Coordinator Iowa DNR 900 E. Grand Avenue Des Moines, Iowa 53019-0034 (515)281-7017 1.04 REFERENCES A. For products or workmanship specified by association, trade, or other consensus standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes. B. Conform to reference standard by date of issue current on date for receiving bids, except where a specific date is established by code. C. Obtain copies of standards where required by product specification sections. D. Should specified reference standards conflict with Contract Documents, request clarification from the Engineer before proceeding. E. Neither contractual relationships, duties, nor responsibilities of the parties in Contract nor those of the Engineer shall be altered from the Contract Documents by mention or inference otherwise in any reference document. F. Abbreviations used in Drawings and Specifications are as specified in ASME Y14.38 and IEEE 260. G. Schedule of references: 1. ACI - American Concrete Institute 2. ANSI - American National Standards Institute 3. ASME - American Society of Mechanical Engineers 4. ASTM - International Standards Worldwide' - 5. AWS -American Welding Society CD 6. IEEE - Institute of Electrical and Electronics Engineers *5? C M 7. NRMCA - National Ready Mixed Concrete Association n-4 r C'30 --<1r 1.05. WELj71NG CERTIFICATES r M ' A. JKbmptly after Notice of Award, submit to Engineer one copy, unless specifie s rwiV, for®h person, by name, assigned to do field welding of materials installed under thi greeryMnt. S B. Show on certificates that each person has passed tests specified by AWS. C. Submit certificates prior to execution of any welding. Certificates not required for nonstructural tack welding. 1.06 TESTING AND INSPECTION SERVICES A. Owner will employ and pay for specified services of a firm to perform testing and inspection. B. The testing firm will perform tests, inspections and other services specified.in individual specification sections and as required by the Engineer. 1. Laboratory: Authorized to operate in location in which Project is located. 2. Laboratory staff: Maintain a full time specialist on staff to review services. QUALITY REQUIREMENTS 22800 05.22 SECTION 01 40 00 - Page 3 ms1948 3. Testing equipment: Calibrated at reasonable intervals with devices of accuracy traceable to either National Bureau of Standards or accepted values of natural physical constants. C. Testing, inspections and source quality control may occur on or off the project site. D. Cooperate with testing firm; furnish samples of materials, design mix, equipment, tools, storage, safe access, and assistance by incidental labor as requested. 1. Notify Engineer and testing firm 24 hours prior to expected time for operations requiring services. 2. Make arrangements with testing firm and pay for additional samples and tests required for Contractor's use. E. Testing and employment of testing agency or laboratory shall not relieve Contractor of obligation to perform Work in accordance with requirements of Contract Documents. F. Re -testing or re -inspection required because of nonconformance to specified requirements shall be performed by the same testing firm on instructions by the Engineer. Payment for re -testing or re- inspection will be charged to the Contractor by deducting testing charges from the Contract Sum/Price. G. Agency responsibilities: 1. Test samples of mixes submitted by Contractor. 2. Provide qualified personnel at site. Cooperate with Engineer and Contractor in performance of services. 3. Perform specified sampling and testing of products in accordance with specified standards. 4. Ascertain compliance of materials and mixes with requirements of Contract Documents. 5. Promptly notify Engineer and Contractor of observed irregularities or non-conformance of Work or products. 6. Perform additional tests required by Engineer. 7. Attend preconstruction meeting. H. Agency reports: After each test, promptly submit two copies of report to Engineer and to Contractor. When requested by Engineer, provide interpretation of test results. Include the following: 1. Date issued. 2. Project title and number. 3. .Name of inspector. co 4. Date and time of sampling or inspection. gc? 5. _ Identification of product and specifications section. D� 6. Location in the Project. 7. ,Type of inspection or test.�cr M8. -'Date of test. m = 9. ,.Results of tests. 10.'Conformance with Contract Documents. qx N C) I. Limits on testing authority: 1. Agency or laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. 2. Agency or laboratory may not approve or accept any portion of the Work. 3. Agency or laboratory may not assume any duties of Contractor. 4. Agency or laboratory has no authority to stop the Work. PART PRODUCTS NOT USED QUALITY REQUIREMENTS 22800.05.22 Page 4 - SECTION 0140 00 ms1948 PART 3 EXECUTION 3.01 EXAMINATION A. Verify that existing site conditions and substrate surfaces are acceptable for subsequent Work. Beginning new Work means acceptance of existing conditions. B. Verify that existing substrate is capable of structural support or attachment of new Work being applied or attached. C. Examine and verify specific conditions described in individual specification sections. D. Verify that utility services are available, of the correct characteristics, and in the correct locations. 3.02 PREPARATION A. Clean substrate surfaces prior to applying next material or substance. B. Seal cracks or openings of substrate prior to applying next material or substance. C. Apply manufacturer required or recommended substrate primer, sealer, or conditioner prior to applying any new material or substance in contact or bond. 3.03 FIELD PERFORMANCE TESTS A. After system or equipment necessary for operation of Work is in operating condition, Contractor shall supervise operation of equipment or system for period sufficient to assure proper functioning, and make necessary observations, investigations, and adjustment. B. Notify Engineer when Work is considered to be complete, in operating condition, and ready for inspection and tests. C. Engineer will conduct tests it deems necessary to determine if equipment or system functions properly. D. ff equipment or system fails to function properly, or guaranteed performance is not ind'c ted, • Contractor shall make necessary corrections, including replacement, at no co5Lto OwLw, and after s4ch corrections are completed, demonstrate to Engineer that equipment or s5ftm ftrktions properly and guaranteed performance is obtainable. END OF SECTION t + ' `w 01 50 00 - Page 1 PART1 GENERAL 1.01 TEMPORARY ELECTRICITY A. Owner will pay cost of energy used. Exercise measures to conserve energy. Use Owner's existing power service. B. Provide temporary electric feeders as necessary to facilitate Work. Coordinate feed location(s) with Owner. Do not disrupt Owner's use of service. C. Power service characteristics: 120 -volt, single-phase. 480 -volt, 3-phase power is available. Coordinate with Owner and Engineer. D. Complement existing power service capacity and characteristics as required. E. Provide power outlets for construction operations, with branch wiring and distribution boxes located as required. Provide flexible power cords as required. F. Provide main service disconnect and over -current protection at convenient location. G. Permanent convenience receptacles may be used during construction. H. Provide adequate distribution equipment, wiring, and outlets to provide single phase branch circuits for power and lighting as necessary for Work. I. Provide power outlets for construction operations as required by Work. Outlets shall be GCFI-rated and fed from a dedicated minimum 115 -volt, 20 -ampere circuit. Number of outlets per circuit shall be in accordance to the NEC. Provide flexible power cords as required. Power outlets provided shall be properly sized and rated to operate in tunnel ambient temperature and conditions. 1.02 TEMPORARY LIGHTING FOR CONSTRUCTION PURPOSES A. Provide and maintain adequate lighting for construction operations. B. Maintain lighting and provide routine repairs. o C. Permanent building lighting may be used during construction. D" N 1.03 TEMPORARY HEATING �n m M S A. Existing facilities shall not be used. D' ee�nss B. Provide and pay for heating devices and heat as needed to maintain specified conditionpgor construction operations. Prior to operation of permanent equipment for temporary heating purposes, verify that installation is approved for operation, equipment is lubricated and filters are in place. Provide and pay for operation, maintenance, and regular replacement of filters and worn or consumed parts. D. Maintain minimum ambient temperature of 50°F (10°C) in areas where construction is in progress, unless indicated otherwise in product sections. 1.04 TEMPORARY VENTILATION A. Ventilate enclosed areas to achieve curing of materials, to dissipate humidity, and to prevent accumulation of dust, fumes, vapors, or gases. TEMPORARY FACILITIES AND CONTROLS 22800.05.22 Page 2 - SECTION 01 50 00 ms1948 B. Use existing ventilation equipment. Extend and supplement equipment with temporary fan units as required to maintain clean air for construction operations. 1.05 TELEPHONE SERVICE A. Provide, maintain, and pay for telephone service to field office at time of project mobilization. Alternately, equip key points of contact with mobile telephones. 1.06 TEMPORARY WATER SERVICE A. Provide potable water for workers. Do not use Owner's existing water service for drinking water. B. Owner will provide temporary water connections required for construction activities from 1.5" yard hydrant or hose bibs. 1.07 TEMPORARY SANITARY FACILITIES A. Provide and maintain required facilities and enclosures. Existing facility use is not permitted. Provide at time of project mobilization. B. At end of construction, return facilities to same or better condition as original condition. 1.08 FIELD OFFICES AND SHEDS A. At Contractor's Option, provide weathertight office trailer with lighting, electrical outlets, heating, ventilation equipment and equipped with appropriate furniture to facilitate use and the work. B. Locate offices and sheds a minimum distance of 30' (10 m) from existing structures in contractor laydown area as directed by Owner. C. Permanent facilities shall not be used for Feld offices or for storage. D. Environmental control, storage spaces: Heating and ventilation as needed to maintain products in aic*ordance with Contract Documents; adequate lighting for maintenance and inspection of products. E. Storage areas and sheds: Size to storage requirements for products of indiv&al Seems! ons, allowing for access and orderly provision for maintenance and for inspection of produ§!B reLwiremd"of Section 01 60 00.�� r` 1 n� F. Preparation: Fill and grade sites for temporary structures to provide drainag�ey from bu S. = 0 G. Employee residential occupancy: Not allowed on Owner's property. am 3 H. Maintenance and cleaning: an 1. Periodic cleaning and maintenance for office and storage areas. 2. Maintain approach walks free of mud, water, and snow. I. Removal: At completion of Work remove buildings, foundations, utility services, and debris. Restore areas. 1.09 VEHICULARACCESS A. Construct temporary access roads from public thoroughfares to serve construction area, of a width and load bearing capacity to provide unimpeded traffic for construction purposes. B. Construct temporary bridges and culverts to span low areas and allow unimpeded drainage. 1.10 50 00 - Page 3 C. Extend and relocate as Work progress requires, provide detours as necessary for unimpeded traffic flow. D. Location approved by Owner. E. Provide unimpeded access for emergency vehicles. Maintain 20'(6 m) width driveways with turning space between and around combustible materials. F. Provide and maintain access to fire hydrants and control valves free of obstructions. G. Provide means of removing mud from vehicle wheels before entering streets. H. On-site roads may be used for construction traffic. Tracked vehicles not allowed on paved areas. Contractor shall repair any damage to roads caused by construction activity to original or better condition. I. Contractor's principal vehicular access to plant site will be via plant's southern drive and through plant's south gate. PARKING A. Parking is limited in plant vicinity. Construction personnel shall not park in plant front parking lot. Park in areas authorized by Owner. B. Do not allow heavy vehicles or construction equipment in parking areas. C. Maintenance: 1. Maintain traffic and parking areas in a sound condition free of excavated material, construction equipment, products, mud, snow, and ice. 2. Maintain existing and permanent paved areas used for construction; promptly repair breaks, potholes, low areas, standing water, and other deficiencies, to maintain paving and drainage in original, or specified, condition. D. Removal, repair: 1. Remove temporary materials and construction at Substantial Completion., rargavel face parking shall be left in place for future Work. 2.: Remove underground work and compacted materials to a depth of 2" (600SR; filand gra ' site as specified. n� r 3. Repair existing facilities damaged by use, to original condition. -4n E. Mud frosite vehicles: Provide means of removing mud from vehicle wheels $tie Aring6 mets. ly 1.11 PROGRESS CLEANING AND WASTE REMOVAL _ UVJ A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly condition. B. Remove debris and rubbish from pipe chases, plenums, attics, crawl spaces, and other closed or remote spaces, prior to enclosing the space. C. Broom and vacuum clean interior areas prior to start of surface finishing, and continue cleaning to eliminate dust. D. Collect and remove waste materials, debris, and rubbish from site weekly and dispose off-site. E. Open free -fall chutes are not permitted. Terminate closed chutes into appropriate containers with lids. TEMPORARY FACILITIES AND CONTROLS 22800.05.22 Page 4 - SECTION 01 50 00 ms1948 1.12 BARRIERS A. Provide barriers to prevent unauthorized entry to construction areas and to protect existing facilities and adjacent properties from damage from construction operations. B. Provide protection for plants designated to remain. Replace damaged plants. C. Protect nonowned vehicular traffic, stored materials, site, and structures from damage. 1.13 ENCLOSURES AND FENCING A. Construction: At Contractor's option, provide chain link fencing or plastic construction netting to secure Contractor's equipment and construction supplies. B. Provide temporary barricades and fencing as necessary to secure the work and for personnel safety. C. Exterior enclosures: 1. Provide temporary insulated weathertight closure of exterior openings to accommodate acceptable working conditions and protection for products, to allow for temporary heating and maintenance of required ambient temperatures identified in individual specification sections, and to prevent entry of unauthorized persons. 2. Provide access doors with self-closing hardware and locks. D. Interior enclosures: 1. Provide temporary partitions as necessary to separate work areas from Owner occupied areas, to prevent penetration of dust and moisture into Owner occupied areas, and to prevent damage to existing materials and equipment. 2. Construction: Framing and reinforced polyethylene sheet materials with closed joints and sealed edges at intersections with existing surfaces: a. STC rating of 35 in accordance with ASTM E90. b. Maximum flame spread rating of 75 in accordance with ASTM E84. 1.14 SECURITY • -A. Security program: Provide security program and facilities to protect Work, existing facilities, and OwnM operation from unauthorized entry, vandalism, and theft. Coordinate with Owner's se8rity prWam. 2.' Initiate program in coordination with Owner's existing security system at pr eno zati 3 Maintain program throughout construction period until Owner acceptance �eMpr , des d for Contractor security. _ :;C -)N r r B. Entry control: 'gym = M 1. Restrict entrance of persons and vehicles into Project site and existing face iV v 2. Allow entrance only to authorized persons with proper identification. y- 3. Maintain daily log of workers and visitors, make available to Owner on request. 4. Provide roster of workers on site for day to Owner each work day in morning within hour of workday start. 5. Owner will control entrance of persons and vehicles related to Owner's operations. 1.15 WATER CONTROL A. Grade site to drain. Maintain excavations free of water. Provide, operate, and maintain pumping equipment. B. Protect site from puddling or running water. z[zsuu.uo.cz SECTION 01 50 00 - Page 5 ms1948 1.16 DUST CONTROL A. Execute Work by methods to minimize raising dust from construction operations. B. Provide positive means to prevent air -borne dust from dispersing into atmosphere. C. Provide temporary sheeting and other methods to minimize dust migration from construction zones into nonconstruction areas of Owner's building. D. Promptly clean up dust and debris as work progresses to minimize tracking into non -construction zones. 1.17 EROSION AND SEDIMENT CONTROL A. Plan and execute construction by methods to control surface drainage from cuts and fills, from borrow and waste disposal areas. Prevent erosion and sedimentation. B. Minimize amount of bare soil exposed at one time. C. Provide temporary measures such as berms, dikes, and drains, to prevent water flow. D. Construct fill and waste areas by selective placement to avoid erosive surface silts or clays. E. Periodically inspect earthwork to detect evidence of erosion and sedimentation; promptly apply corrective measures. 1.18 NOISE CONTROL A. Provide methods, means, and facilities to minimize noise produced by construction operations. B. Coordinate with Owner on when to perform especially noisy activities. N m 1.19 PEST AND RODENT CONTROL O Q' n A. Provide methods, means, and facilities to prevent pests, insects, and rodents fr"�61�i � cM ing invading premises. �n N 1.20 POLLUTION CONTROL 0 v A. Pr6vide methods, means, and facilities to prevent contamination of soil, water, at a mosNhere from discharge of noxious, toxic substances, and pollutants produced by construction operationg. 1.21 REMOVAL OF UTILITIES, FACILITIES, AND CONTROLS A. Remove temporary utilities, equipment, facilities, materials, prior to Substantial Completion inspection. B. Remove underground installations to a minimum depth of 2' (600 mm). C. Clean and repair damage caused by installation or use of temporary work. D. Restore existing and permanent facilities used during construction to original condition. 1.22 TEMPORARY PROCESS FACILITIES A. Provide temporary pumps, piping, bulkheads, fittings, valves, supports, restraints, and other appurtenances necessary to accomplish the Work and conform to Work Sequence restrictions. TEMPORARY FACILITIES AND CONTROLS 22800.05.22 Page 6 - SECTION 01 50 00 ms1948 PART PRODUCTS NOT USED PART EXECUTION NOT USED END OF SECTION at OQ+ mcj -i C` I c'>-< _�,•> N .� r vM _ M b� N cv 01 60 00 - 5191 PART1 GENERAL 1.01 PRODUCTS A. Provide products of qualified manufacturers suitable for intended use. Provide products of each type by a single manufacturer unless specified otherwise. B. Do not use materials and equipment removed from existing premises, except as specifically permitted by the Contract Documents. C. Provide interchangeable components of the same manufacturer for components being replaced. 1.02 PRODUCT DELIVERY REQUIREMENTS A. Transport and handle products in accordance with manufacturer's instructions. B. Promptly inspect shipments to ensure that products comply with requirements, quantities are correct, and products are undamaged. C. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage. 1.03 RECEIVING, UNLOADING AND STORING A. Receive and unload shipments to plant site from suppliers of equipment under this Contract and for Owner -furnished equipment. B. Unload equipment as soon as possible after arrival. C. Pay freight car and truck demurrage, detention, and any other costs which may be billed to Owner due to failure to unload cars or trucks within time required by freight companies. 0 D. Provide physical protection for equipment placed in storage. m 1. Store and maintain materials and equipment after receipt until completed*_Wat(! is acted by Owner. Such storage and maintenance shall be in accordance with m al�, ect rp me�t end recommendations and requirements of these Specifications. Provide mat0dq� labor required for such storage and maintenance. Contractor shall be acczQ%b for an of materials or equipment occasioned by improper storage or'7( to ce, hall recondition, repair, or replace any such materials or equipment without ados o O 2: Stored equipment shall be supported above ground and shall be covered wjj nv or other heavy-duty sheeting. Cover shall be securely fastened and shall be replace if tornS.otherwise damaged during storage period. 3. Motors shall be stored in dry, warm place and in accordance with manufacturer's recommendations. Motors over 20 hp shall have shaft rotated 900 each month. Provide Engineer with evidence that this requirement is met. 4. Desiccant shall be maintained between cover and motor frames on motors. Provide desiccant of type permitting visual determination of condition of desiccant. Replace desiccant when it becomes ineffective. 5. Following items shall be stored in weatherproof building complete with bins for storage of small pieces of equipment. Heat to a minimum of 50°F (10°C). Storage inside of existing treatment plant not available. a. Electronic instruments and cabinets. b. Electrical equipment with general-purpose enclosures. c. Insulation materials. d. Rotating equipment. e. Miscellaneous electronic equipment, gaskets, and small, machined parts. f. Instruments and controls. PRODUCT REQUIREMENTS 22800.05.22 SECTION 01 60 00 - Page 2 ms1948 E. Inspect stored equipment weekly. Renew protective coatings as necessary to preserve fitness of equipment. F. Contractor shall take custody of equipment and materials received and shall be solely responsible for damage and shortages until acceptance of Contractor's work by Owner. G. Unload equipment as soon as possible after arrival. Contractor shall pay freight railcar and truck demurrage, detention, and any other costs which may be billed to Owner due to failure to unload railcars or trucks within time required by freight companies. H. Use of bare wire rope slings for unloading and handling equipment and materials is prohibited without Owner approval. Storage areas will be allocated by Owner for Contractor's use. Equipment shall be stored in assigned lay -down areas. J. Equipment and materials shall be stored and maintained in accordance with manufacturer's recommendations and these specifications. K. Provide physical protection for equipment placed in storage. 1. Stored equipment shall be supported above ground and shall be covered with canvas or other heavy-duty sheeting. Cover shall be securely fastened and shall be replaced if torn or otherwise damaged during storage period. 2. Motors: a. Store in dry, warm place (minimum 500F). b. Space heaters shall be connected upon receipt on site and maintained. Space heaters shall not be connected utilizing extension cords. Use of multi conductor cable only. c. Rotate motors over 20 hp 900 each month or as directed by manufacturer. d. Perform a mega -ohm meter test on each medium voltage motor winding to frame utilizing a 10kV mega -ohm meter. Perform test each month and record motor serial number, test values, confirmation of space heaters operational, and signature of tester. e. Provide Owner with written test reports that this requirement is met when requested. 3. Following items shall be stored in weatherproof, heated (minimum 50°F) building complete with bins for storage of small pieces of equipment. Storage inside of existing plant will not be available. a. Electronic instruments and cabinets. b. Electrical equipment with general purpose enclosures. c. Insulation materials. d. Rotating equipment. e. Miscellaneous electronic equipment, gaskets, and small machined pe r �" f. Instruments and controls. =iC7 r g. Protection panels. :< =T _ L. Inspect stored equipment weekly and document activities performed. Renew:*dTecti"coatw as necessary to preserve fitness of equipment. 31' W M. Contractor shall provide materials, equipment, and labor required for such storage and maintenance. Contractor shall be accountable for any deterioration of materials or equipment occasioned by improper storage or maintenance, and shall recondition, repair, or replace any such materials or equipment without additional cost to Owner. N. Electrical equipment or equipment with any electrical components stored outdoors shall be supported at least 12" above ground. 1.04 GENERAL STORAGE A. Store products immediately on delivery in accordance with manufacturer's instructions, with seals and labels intact. Protect until installed. 800.05.22 PRODUCT REQUIREMENTS 22 1948 m 800.0 SECTION 01 60 00 - Page 3 B. Arrange storage in manner to provide access for maintenance of stored items and for inspection. 1.05 ENCLOSED STORAGE A. Store products subject to damage by elements in substantial weathertight enclosures. B. Maintain temperature and humidity within ranges required by manufacturer's instructions. C. Provide humidity control and ventilation for sensitive products, as required by manufacturer's instructions. D. Store unpacked and loose products on shelves, in bins, or in neat groups of like items. 1.06 EXTERIOR STORAGE A. Provide substantial platforms, blocking, or skids, to support fabricated products above ground; slope to provide drainage. Protect products from soiling and staining. B. For products subject to discoloration or deterioration from exposure to elements, cover with impervious sheet material. Provide ventilation to avoid condensation. C. Store loose granular materials on clean, solid surfaces such as pavement, or on rigid sheet materials, to prevent mixing with foreign matter. D. Provide surface drainage to prevent flow or ponding of rainwater. E. Prevent mixing of refuse or chemically injurious materials or liquids. 1.07 MAINTENANCE OF STORAGE A. Periodically inspect stored products on scheduled basis. Maintain log of inspections, make available to Engineer on request. B. Verify storage facilities comply with manufacturer's product storage requirements. C. Verify manufacturer required environmental conditions are maintained Contin D. Verify surfaces of products exposed to elements are not adversely affected ar eat6ring f finishes is acceptable under requirements of Contract Documents. . �m 10 S 1.08 MAINTENANCE OF EQUIPMENT STORAGE y _ A. For mechanical and electrical equipment in long-term storage, manufacturer's service k4tructions shall accompany each item, with notice of enclosed instructions shown on exterior of package. B. Service equipment on regularly scheduled basis, maintaining log of services; submit as record document. 1.09 PRODUCTS LIST A. Within 30 days after effective date of Agreement, submit complete list of major products which are proposed for installation electronically to Engineer. B. Tabulate products by Specification section number and title. C. For products specified only by reference standards, list for each such product: 1. Name and address of manufacturer. 2. Trade name. PRODUCT REQUIREMENTS 22800.05.22 SECTION 01 60 00 - Page 4 ms1948 3. Model or catalog designation. 4. Manufacturer's data: a. Reference standards. b. Performance test data. 1.10 PRODUCT OPTIONS A. For products specified only by reference standard, select product meeting that standard, by any manufacturer. B. For products specified by naming several products or manufacturers, select any one of products and manufacturers named which complies with Specifications. C. For products specified by naming one or more products or manufacturers and stating "or equal," submit request as for substitutions for any product or manufacturer which is not specifically named in accordance with Section 0125 13. D. For products specified by naming only one product and manufacturer, there is no option and no substitution will be allowed. E. Whenever Specifications call for item by manufacturer's name and type and additional features of item are specifically required by Specifications, additional features specified shall be provided whether or not they are normally included in standard manufacturer's item listed. PART PRODUCTS NOT USED PART 3 EXECUTION NOT USED A 9 1 H 0 O 2� m C r— r— M F�N T moi: co H 0 O 2� m C r— r— M F�N co 22800.05.22 EXECUTION AND CLOSEOUT REQUIREMENTS ms1g48 SECTION 01 70 00 - Page 1 PART1 GENERAL 1.01 SUBSTANTIAL COMPLETION A. When Contractor considers Work or designated portion thereof is substantially complete, submit written notice, with list of items to be completed or corrected. B. Substantial completion will not be considered until: 1. Influent channel and pump discharge bay modifications are complete and returned to full and permanent operation. 2. Temporary bypass piping is disconnected from existing influent pumps allowing full use of existing influent pumps. C. Within reasonable time, Engineer will inspect to determine status of completion. D. Should Engineer determine that Work is not substantially complete, it will promptly notify Contractor in writing, giving reasons therefor. E. Contractor shall remedy deficiencies, and send second written notice of Substantial Completion, and Engineer will reinspect Work. F. When Engineer determines that Work is substantially complete, it will prepare Certificate of Substantial Completion in accordance with General Conditions. 1.02 FINAL COMPLETION A. 4 When Contractor considers Work is complete, it shall submit written certification that: 1. Contract Documents have been reviewed. 2. Work has been inspected for compliance with Contract Documents. 3. Work has been completed in accordance with Contract Documents, and deficiencies listed with Certificate of Substantial Completion have been corrected. is 4. Equipment and systems have been tested in presence of Owner's represe&tive asoma are operational.gn 5, Work is complete and ready for final inspection. Caja Efigineer will inspect to verify status of completion with reasonable promptness<T = m WtraclDh C. Should Engineer consider that Work is incomplete or defective, it w I t or defective Work wrung, listing incomp e e uD D. Contractor shall take immediate steps to remedy deficiencies and send second written certification that Work is complete, and Engineer will reinspect Work. E. When Engineer finds Work is acceptable, it will consider closeout submittals. 1.03 REINSPECTION FEES A. Should Engineer perform reinspections due to failure of Work to comply with claims made by Contractor, Owner will compensate Engineer for such additional services and deduct amount of such compensation from final payment to Contractor. 1.04 CLOSEOUT PROCEDURES A. Submit written certification that Contract Documents have been reviewed, Work has been inspected, and that Work is complete in accordance with Contract Documents and ready for Engineer's review. B. Provide submittals to Engineer that are required by governing or other authorities. EXECUTION AND CLOSEOUT REQUIREMENTS 22800.05.22 Page 2 - SECTION 01 70 00 ms1948 C. Submit project record documents. D. Submit operation and maintenance data. E. Provide Owner instruction and training and submit record of training activities F. Submit warranty and bond information. G. Submit final Application for Payment identifying total adjusted Contract Sum, previous payments, and sum remaining due. Provide detailed statement of contract price adjustments with payment application. H. Provide evidence of payment and release of liens in accordance with General and Supplementary Conditions. I. Submit Consent of Surety to final payment. J. Submit Certificates of insurance for products and completed operations in accordance with supplementary conditions. K. Owner will occupy portions of the building as specified in Section 01 11 00. 1.05 FINAL CLEANING A. Execute final cleaning prior to final project assessment. B. Clean interior and exterior glass, surfaces exposed to view; remove temporary labels, stains and foreign substances, and polish transparent and glossy surfaces. C. Clean equipment and fixtures to a sanitary condition with cleaning materials appropriate to the surface and material being cleaned. D. Clean filters of operating equipment. E. Clean debris from roofs, gutters, downspouts, and drainage systems. r F. Clean site; sweep paved areas, rake clean landscaped surfaces. O 3EC? v 4h G. Remove waste and surplus materials, rubbish, and construction facilities from ite (� 1.06 STARTING OF SYSTEMS Q A. Coordinate schedule for start-up of various equipment and systems. y _ m B. Notify Engineer 7 days prior to start-up of each item. C. Verify that each piece of equipment or system has been checked for proper lubrication, drive rotation, belt tension, control sequence, and for conditions which may cause damage. D. Verify tests, meter readings, and specified electrical characteristics agree with those required by equipment or system manufacturer. E. Verify that wiring and support components for equipment are complete and tested. F. Execute start-up under supervision of applicable manufacturer's representative in accordance with manufacturers' instructions. 22800 05 22 EXECUTION AND CLOSEOUT REQUIREMENTS ms1948 SECTION 01 70 00 Page 3 G. When specified in individual specification Sections, require manufacturer to provide authorized representative to be present at site to inspect, check, and approve equipment or system installation prior to start-up, and to supervise placing equipment or system in operation. H. Submit a written report in accordance with Section 01 33 00 that equipment or system has been properly installed and is functioning correctly. 1.07 PROTECTING INSTALLED CONSTRUCTION A. Protect installed Work and provide special protection where specified in individual specification sections. B. Provide temporary and removable protection for installed products. Control activity in immediate work area to prevent damage. C. Provide protective coverings at walls, projections, jambs, sills, and soffits of openings. D. Protect finished floors, stairs, and other surfaces from traffic, dirt, wear, damage, or movement of heavy objects, by protecting with durable sheet materials. E. Prohibit traffic or storage upon waterproofed or roofed surfaces. If traffic or activity is necessary, obtain recommendations for protection from waterproofing or roofing material manufacturer. F. Prohibit traffic from landscaped areas. 1.08 PROJECT RECORD DOCUMENTS A. Maintain on site one set of the following record documents; record actual revisions to the Work: 1. Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other modifications to the Contract. 5. Reviewed Shop Drawings, Product Data, and Samples. 8. .Manufacturer's instruction for assembly, installation, and adjusting. B. Ensure entries are complete and accurate, enabling future reference by Owner. m C. Store record documents separate from documents used for construction. C) "n D. Record information concurrent with construction progress, not less than weekly!t_:,: Ir —4n E. Specifications: Legibly mark and record at each product section description of aa% pre&cts 1 installed, including the following: 'O.r.0 N 0 1': Manufacturer's name and product model and number. 2. Product substitutions or alternates utilized. 1� 3. Changes made by Addenda and modifications. F. Record Drawings and Shop Drawings: Legibly mark each item to record actual construction including: 1. Measured depths of foundations in relation to finish main floor datum. 2. Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 3. Measured locations of internal utilities and appurtenances concealed in construction, referenced to visible and accessible features of the Work. 4. Field changes of dimension and detail. 5. Details not on original Contract Drawings. G. Submit documents to Engineer with claim for final Application for Payment. EXECUTION AND CLOSEOUT REQUIREMENTS 22800.05.22 Page 4 - SECTION 01 70 00 ms1948 1.09 SPARE PARTS AND MAINTENANCE PRODUCTS A. Provide spare parts, maintenance, and extra products in quantities specified in individual specification sections. B. Deliver to Project site and place in location as directed; obtain receipt prior to final payment. 1.10 PRODUCT WARRANTIES AND PRODUCT BONDS A. Obtain warranties and bonds executed in duplicate by responsible subcontractors, suppliers, and manufacturers, within 10 days after completion of the applicable item of work. B. Execute and assemble transferable warranty documents and bonds from subcontractors, suppliers, and manufacturers. C. Verify that documents are in proper form, contain full information, and are notarized. D. Co -execute submittals when required. E. Provide Table of Contents and assemble in 3-D side ring binder with durable plastic cover. F. Submit prior to final Application for Payment. G. Time of Submittals: 1. For equipment or component parts of equipment put into service during construction with Owner's permission, submit documents within 10 days after acceptance. 2. Make other submittals within 10 days after Date of Substantial Completion, prior to final Application for Payment. 3. For items of Work for which acceptance is delayed beyond Date of Substantial Completion, submit within 10 days after acceptance, listing date of acceptance as beginning of warranty or bond period. 1.11 MAINTENANCE SERVICE �V A. Furnish service and maintenance of components indicated in specification sections dura the warranty period. CDn B. Examine system components at a frequency consistent with reliable operation.cWemn, adjust, } .lubricate as required. –4n N ;rn M C. Include systematic examination, adjustment, and lubrication of components. Rte�—olaceQ7s whenever required. Use parts produced by the manufacturer of the original cor�dr2nf.0 D. Maintenance service shall not be assigned or transferred to any agent or Subcontractor Without prior written consent of Owner. PART PRODUCTS NOT USED PART EXECUTION NOT USED END OF SECTION 19 - Page PART GENERAL 1.01 SUBMITTALS A. Shop Drawings: Drawing indicating proposed layout and utilization of Contractors storage area for Owner approval. Drawing shall be maintained current and shall indicate location of all stored equipment and materials. B. Quality assurance data: 1. Plan indicating location and extent of proposed field welding, and showing what provisions have been made for type of base metal, present stress conditions, and preheating requirements. 2. Proposed shoring or above floor load transfer structure for moving equipment across floors to final position. Documents shall be signed and sealed by Contractor's structural engineer. 3. Certificates for each welder, showing proof of qualifications as outlined in code, prior to any field welding, either temporary or permanent. 4. Duplicate copies of clearances of bearings aligned and amount of runout on couplings. 5. Monthly report indicating status of equipment, motor test reports and materials received. Report shall contain a log of equipment and materials and storage maintenance duties performed. PART PRODUCTS 2.01 EQUIPMENT A. Provide dowel pins and shims necessary for leveling and doweling equipment to baseplates. Shims shall be stainless steel. B. Provide bolting required to anchor equipment securely to building structural steel; holes required in structural steel shall be drilled; burning with cutting torch not allowed. C. Provide expansion anchors where required, subject to review by Engineer. Use appropriate type of anchor devices on vibratory equipment. m D. Provide welding rods for field erection of equipment installed under this Contra v E. Grout and material noted on Drawings as "by others," "by purchaser," "by Ownerthe NMice, r necessary for equipment installation. r 9 PART 3 EXECUTION fZ N Vp 3.01 INSTALLATION PROCEDURES %O A. Equipment shall be installed in strict accordance with manufacturer's recommendations. B. Provide access space around equipment for service. Provide no less than minimum as recommended by manufacturer. 3.02 SPECIAL ERECTION PROCEDURES A. Field welding to existing structural members shall conform to following requirements: 1. Conform to AWS D1.1. 2. Welding to high strength steels or preheating of highly stressed members will not normally be permitted. 3. Remove temporary welded attachments, grind area smooth, and apply 1 coat of primer to match existing primer. B. Welding of piping shall conform to ASME B31.1 Code for Power Piping and ASME Boiler and Pressure Vessel Code, Section IX when either or both are applicable. INSTALLATION REQUIREMENTS 22800.05.22 Page 2 - SECTION 01 73 19 ms1948 C. Remove any temporary attachments made to equipment. Grind area of attachment on equipment to smooth surface and apply 1 coat of primer to match existing primer. 3.03 FLOOR SHORING A. Shore parts of structure for which design loading would be exceeded during construction or installation of equipment. B. Protect flooring and other finished surfaces by means of heavy planking. C. Remove shoring and repair any damage to floors or other parts of structures after equipment has been installed. D. Method of shoring subject to review of Engineer. 3.04 CLEANING A. Before assembly or erection, thoroughly clean equipment of temporary protective coatings and foreign materials; completely remove shop -applied flushing compounds. B. Blow out with compressed air as required to remove foreign material. C. After erection of equipment, clean external surfaces of oil, grease, dirt, or other foreign material; touch up shop paint, primer, and filler; leave surfaces smooth and ready for finish painting. 3.05 ALIGNING A. Align equipment in accordance with manufacturer's recommendations. B. Use shims of sheet and plate steel; use shims with laminations having individual layers not heavier than 0.015" (0.40 mm) for 1132" (1 mm) to 118" (3 mm) directly under equipment. C. Check alignment of equipment after piping and other external connections have been made and before equipment is placed in operation. Realign equipment as necessary. D. After alignment, hot run and recheck alignment; drill and ream items of equipment an&sten to baseplates with tapered dowel pins. t, E. Include costs for labor required to obtain alignment within allowable limits on apuiamerrt inst�bd This includes labor for any hanger adjustments required. M 3.06 SUPPORTS 0 A. Provide devices to support equipment and piping, furnished or installed undeMis Contract. Fabricate supports of structural steel sections, plates, or rods arranged to provide rigid and sturoTmounting for equipment. B. Provide connections or fasteners required between equipment supports and building structure. C. Equipment foundation pads: As shown on Drawings. D. Provide devices to support equipment piping and appurtenances where specific support is not detailed on Drawings. Support piping adjacent to equipment such that no weight is carried on equipment. E. Support piping adjacent to equipment such that load transferred to equipment does not exceed manufacturer's specified allowable load. 22800.05.22 INSTALLATION REQUIREMENTS SECTION 01 73 19 - Page.5 m s 1948 3.07 GROUTING A. Place minimum of 1" (25 mm) nonshrink grout under equipment being mounted on concrete foundations unless specified otherwise. Refer to Section 03 00 10. B. Determine quantity of grout required. C. Entire space between top of foundation and bottom of equipment base shall be completely filled with grout, free of any voids. D. Place no grout that has been allowed to set, after mixing, beyond time limitations set forth by grout manufacturer. E. Remove and replace grout that shows cracking. END OF SECTION 29 m T q� r N -� rn 70 y �D 22800.05.22 CONCRETE WORK ms1948 SECTION 03 00 10 - Page 1 J3• 4 Stc142114[TlR 1.01 SECTION INCLUDES A. Cast -in-place concrete including formwork, reinforcing steel and miscellaneous materials. B. Precast concrete products. 1.02 INFORMATIONAL SUBMITTALS A. Product data. Unless otherwise indicated, submit for each type of product provided under work of this Section: B. Quality assurance data: 1. Tests, or certificates of compliance with standards specified in this Section at least 14 days prior to commencing concrete placement for: a. Cement: From each car from which cement will be used. b. Fly ash: From each separate shipment from which fly ash is being used. c. Aggregates: For each size aggregate from each source of aggregate, for grading, deleterious substances and soundness. 2. List of admixtures, joint fillers, sealants, curing compounds, and other manufactured materials proposed identifying manufacturer and type. Provide data on specific items when requested by Owner or Special Inspector. 3. Testing laboratory reports required at least 14 days prior to commencing concrete placement for each class of concrete and each size aggregate: a. Proposed concrete design mix. b. Tests on concrete cylinders from trial batch of proposed mix. 4. Testing laboratory reports for tests on concrete cylinders taken in field. C. Submit to Special Inspector Engineer unless noted otherwise. 1.03 ACTION SUBMITTALS _ m A. Shop Drawings on reinforcing steel. Submit to Owner unless noted otherwisQn D C 1.04 -:QUALITY ASSURANCE—n1c�� ry A. Contractor shall retain services of qualified independent testing laboratory tdl64�prmgte folMng tEws: o� _ 1—Obtaining, making samples and trial batches and performing laboratoryFAsWg ftcifiep 2e Establish proposed concrete design mix proportions on basis of either fold experience and/or trial mixtures in accordance with ACI 318, Chapter 5, except specific requirements All conform to = requirement of these specifications. Determine and submit supporting data, standard deviation, trial batch tests, required average strength, proportions, air content, and slump range for each mix. 3. Provide reports to Owner giving information on materials, concrete design mixes and testing performed. B. Perform Work in accordance with ACI 117 and 301. C. Owner shall retain services of qualified independent testing laboratory to perform the following tests: 1. Obtaining, making samples and performing laboratory and field testing specified. 2. Provide reports to Special Inspector and Owner giving information on materials and testing performed. 3. Reports shall indicate whether or not materials meet specifications. 4. Concrete strength tests: a. Comply with ASTM C39/C39M for testing and ASTM C31/C31 M or C192IC192M for preparation of cylinders. Page 2 - SECTION 03 00 10 b. Field tests: Sample in accordance with ASTM C172; make and test 3 cylinders from each sample on basis of not less than: 1) One sample from each day's placement for each class of concrete. 2) One sample from each 150 cu yd (120 cu m). 3) One sample for each 5,000 sq ft (460 sq m) of surface area for slabs or walls. 4) For a given class of concrete, if frequency of testing specified above would provide less than 3 samples, sample at least 3 randomly selected batches or each batch if 3 batches or fewer are required. c. Cylinders shall be laboratory cured. Test one laboratory cured cylinder at 7 days and other two at 28 days for average strength. d. If tests indicate deficient strength as defined by ACI 318, Contractor shall immediately adjust mix to increase average of subsequent test results and, when directed, perform drilled core testing, ASTM C42/C42M. Testing and remedial work shall be at no additional cost to Owner. 5. Slump tests: a. Sample on basis specified above for field strength tests; comply with ASTM C172 and C143/C143M. b. If slump exceeds Specifications, promptly remove batch from Work and dispose of off-site at location selected by Contractor. Do not add water in excess of specified water -cement ratio to batch to achieve desired slump. 6. Air content tests: a. Sample on basis specified above for field strength tests. b. Obtain samples from concrete at point of discharge from chute or pumper hose. c. Determine air content by pressure method; comply with ASTM C231. d. If air content does not meet Specifications, remove deficient concrete from Work. 7. Temperature tests: a. Sample on basis specified above for field strength tests. b. Comply with ASTM C1064/C1064M. c. If temperature does not meet Specifications, remove deficient concrete from Work. 1.05 DELIVERY, STORAGE, AND HANDLING A. Cement: Keep clean, dry, and free from weather damage. B. Aggregates: Stockpile each gradation separately on clean, noncontaminating surface PART 2 . PRODUCTS �� m 2.01 CEMENT �-� 6 r A. Portland cement: ASTM C150, Type I or II. M S B. Higtr-early-strength portland cement: ASTM C150, Type III. May be used instf T I oim fWs cement at Contractor's option, unless specified otherwise, to achieve 28 -days ngth at'7 days. �o C. Use only 1 brand of each type of cement. D. 'Slag cement: Comply with ASTM C989; Grade 100 or 120. E. Add silica fume for durability and watertightness at a rate between 5 and 10% of total cementitious materials. 2.02 AGGREGATE A. Regular aggregate: Strong, durable, well -graded minerals conforming to ASTM C33 requirements for grading, deleterious substances and soundness. B. Aggregates not conforming exactly to above specifications maybe used provided: 1. Special tests or actual service establish that such aggregates will produce concrete of quality specified. 22800.05.22 CONCRETE WORK ms1948 SECTION 03 00 10 - Page 3 2. An Addendum to Specifications is issued prior to receipt of Bids; no deviations will be permitted after receipt of Bids. C. Coarse aggregate nominal size: 1. 1-1/2" to No. 4 (38 mm to 4.75 mm): Use for all concrete unless specified otherwise. 2. 3/4" to No. 4 (19 mm to 4.75 mm): Use for slabs and thin sections and areas where clear spacing between reinforcing bars is less than 3" (75 mm). 2.03 FLY ASH A. Comply with ASTM C618; Class F or C. Report chemical analysis of fly ash in accordance with ASTM C311. Evaluate and classify fly ash in accordance with ASTM D5759. B. Fly ash for total Project shall be obtained from single source. C. Design concrete mixes to include fly ash in amount of approximately 15% to 20% of cement by weight. D. May be used at Contractor's option for all concrete, except not permitted for high early strength concrete. 2.04 SILICA FUME A. Comply with ASTM C1240. B. Recycled content: Minimum 20% pre -consumer recycled content at Contractor's option. 2.05 WATER A. Clean, fresh, free from injurious amounts of oil, alkali, acid, salts, organic materials, or other substances that may be deleterious to concrete or steel. Mix water shall comply with ASTM C1602. A. Water -reducing and set -controlling admixture, ASTM C4941C494M, type as required. Use for all concrete. B. Airentraining agent, ASTM C260. Use in accordance with manufacturer's recommeittions. Use for foundations and exterior concrete. Do not use for interior slabs. Z5 —n 2.07 'EPDXY-CEMENTITOUSANTI-CORROSION COATING n� e4er 1V A. Type: 3 -component, epoxy-cementitious bonding agent and anticorrosion coafag m B. Use: Apply to existing concrete surfaces at interfaces with concrete fillet prio:Jlacin.9condMLb. D C. Minimum compressive strength (ASTM C109): 8,000 psi at 28 days. CD D. Minimum bond strength (ASTM C882): 2,000 psi, 24-hour open time. E. Manufacturer: Sika Corp. "Sika Armatec 110 EpoCem"; BASF "MasterEmaco P124"; or equal. 2.08 REINFORCING A. Bars: 1. ASTM A615/A615M, Grade 60 (420) deformed bars. 2. Bend bars cold to conform to required details. L:UNL.KC I ❑ VVvMm ms1948 Page 4 - SECTION 03 00 10 2.09 VAPOR BARRIER A. Polyethylene film, clear: In accordance with ASTM E1745. B. Minimum 10 mil (0.25 mm) thickness. C. Use where shown. 2.10 FORMWORK A. Forms: 1. Douglas fir, exterior type, concrete form plywood, 5/8" (15 mm) thick minimum, conforming to DOC PS 1, Grade B -B, Class I or II. 2. Removable metal forms with surfaces equal to Douglas fir, exterior type, concrete form plywood. 3. Fiber tube forms: Cylindrical fiber reinforced forms. B. Form ties: Type leaving no metal within 1" (25 mm) of finished surface after removal of forms. C. Form coating: 1. Wood forms: Nonstaining mineral oil or commercially produced form -release agent that will not bond with, stain, or adversely affect concrete surfaces and curing, and will not impair bond or adhesion of subsequent treatment of concrete surfaces, "Nox-Crete Form Coating," by Nox-Crete Chemicals, or equal. 2. Metal forms: Treat surfaces as recommended by manufacturer before placing reinforcing. 3. Fiber tube forms: Treat surfaces as specified for wood forms or as recommended by manufacturer. 2.11 JOINT MATERIALS A. Expansion and isolation joint filler: Preformed nonextruding and resilient nonbituminous type, ASTM D1752, Type 1; use where shown. B. Expansion and isolation joint sealant: 1. Horizontal joints: "Sonolastic SL2," multi-component polyurethane base by BASF Ignstruction Chemicals, or equal. o co 2. Vertical joints: "Sonolastic NP -2," multi-component polyurethane base by El66f CLwtrAtim Chemicals, or equal.n { r `-- 3. Provide primer as recommended by manufacturer. =tc ro cr' -o rn C. Sawed control joint sealant:rn s 1.: "Masterfill 300;' 2 -part Flexible 100% solids epoxy joint filler, by BASF ConsiFMi3on demi aWl ,, or equal. - 2: Use for sawed control joints. 2.12 BENTONITE WATERSEALS A. Size: 1" x 3/4" (25 mm x 19 mm). B. Use: Where specifically shown. C. Manufacturer: American Colloid Company "Waterstop-RX Cold Joint Water Stop Volclay Waterproofing Systems," or equal. 2.13 CURING MATERIALS A. Liquid membrane -forming compound: 1. ASTM C309, Type 1 with fugitive dye, except Type 2 with white pigment for surfaces exposed to direct rays of sun. 22800.05.22 CONCRETE WORK ms1948 SECTION 03 00 10 - Page 5 2. Do not use compounds containing wax, oil, resin, varnish, or other bases that will prevent bonding of finishes such as floor coverings, tile, additional concrete, paint, and similar applied finishes. 3. Use for curing at Contractor's option except where other products are specified for a particular application. B. Plastic film: 1. Polyethylene plastic film, white, nonstaining, conforming to ASTM D2103. 2. Minimum 4 -mil (0.1 mm) thickness. 3. Use for curing at Contractor's option except where other products are specified for particular application. C. Absorptive mat: 1. Cotton fabric, burlap fabric, or burlap -polyethylene material woven or bonded to prevent separation. 2. Material shall be clean and nondetrimental to concrete or finish. 3. Use for curing at Contractor's option except where other products are specified for a particular application. 2.14 SURFACE FINISH MATERIALS A. Curing and sealing compound: 1. Initial curing and sealing application: "Vocomp-20" by W. R. Meadows, Inc., or equal. 2. Intermediate and final sealing application: "Vocomp-25" by W. R. Meadows, Inc., or equal. 3. Final application immediately before turning slab area over to Owner: "Vocomp-25" by W. R. Meadows, Inc., or equal. 4. Use: where shown. 2.15 CEMENTITIOUS PRECISION NONSHRINK GROUT A. Premixed packaged dry. B. Flowable, nongas forming, nonmetallic, cementitious grout, consisting of nonmetallic aggregate, nonexpansive cement, water reducing and plasticizing agents. Aluminum powder not allowed. is C. Perfgrmance requirements: o mo :�b. Plastic consistency: n 1). 3 days: 5,000 psi (34.5 Mpa). a� 2) 14 days: 7,000 psi (48.3 Mpa). c.) -C N r 3) 28 days: 8,000 psi (55.2 Mpa). b. Plowable consistency: -=1c'' �m M = 1) 3 days: 4,000 psi (27.6Mpa). 2) 14 days: 6,000 psi (41.4 Mpa). n 3) 28 days: 7,500 psi (51.7 Mpa). a. Plastic consistency: co 1) 3 days: maximum +4.0%; minimum 1.0%. 2) 28 days: maximum +4.0%; minimum 1.0%. b. Flowable consistency: 1) 3 days: maximum +4.0%; minimum 1.0%. 2) 28 days: maximum +4.0%; minimum 1.0%. D. Use for grouting where shown on Drawings. E. Manufacturer: SikaGrout 328 or Equal. Page 6 - 2.16 CONCRETE DESIGN AND USE A. Each concrete design mix shall be established in strict accordance with ACI 318 by proportioning on basis of either experience and/or trial mixtures. B. Concrete mix shall be suitable for submerged and partially submerged environment. C. Strength classifications: Class Specified Compressive Required Average Strength fc Compressive Strength, f'cr A 4,500 si 5,700 psi— Class Specified Compressive Required Average Strength, f'c Compressive Strength, f'cr A 31 MPa 1 39.3 MPa D. Required average compressive strengths: Produce concrete of average strengths noted above unless test results substantiate a lower permissible average strength based on standard deviation criteria set forth in ACI 318. Strengths listed above are 7 -day strengths for concrete using high -early - strength cement and 28 -day strengths for concrete using other type cements. E. Maximum water -cement ratio: 0.45 by weight. Where pozzolan fly ash is used, water -cement plus pozzolan ratio shall not exceed specified ratio. F. Air entrainment: Concrete is assigned to Exposure Category F2 in accordance with ACI 318 and shall contain entrained air within following limits. . Total Air Content, PercentB Volume Ex osure ClaseF2 and F3 5 7.5 3 7 M 6 5 6 8 5.5 156 5 4.5 Size, mm Total Air Content, Percent B Volume Ex osure Classes F2 and F3 5 7.5 3 7 iMaximum 9 6 5 6 8 5.5 156 4.5 c C= O� N .a G. Workability: 1. Proportions of concrete shall produce a mixture, suited to placement methods, which will work readily into comers and angles of forms and around reinforcement and embedded items. Segregation of materials or presence of free water will not be permitted. 2. Slump of concrete: Use minimum practical; vary within limits given to suit placement conditions; in no case is slump to be increased by addition of water in excess of design mix quantity: 22800.05.22 CONCRETE WORK ms1948 SECTION 03 00 10 - Page 7 Type of Construction Slump, in. Minimum Maximum All concrete unless noted otherwise 2 5 Type of Construction Slump, mm. Minimum Maximum All concrete unless noted otherwise 50 1 125 H. Class A concrete: Use for all concrete unless specified otherwise. I. Water-soluble chloride ion content, maximum: Concrete is assigned to exposure Category C1, and shall comply with requirements of Chapter 19 of ACI 318-2014. 2.17 READY -MIX CONCRETE A. Provide concrete from an established, approved ready -mix plant. Ready -mix plant equipment and facilities shall be certified in accordance with NRMCA QC -3. B. Equipment and methods: Conform to ASTM C94/C94M. 2.18 FINISHED CONCRETE A. Blended hydraulic cement mix design: Comply with ASTM C595. B. Provide following: 1. Fly ash: Provide replacement rate of 15% of total cementitious materials. 2. Slag cement: Provide replacement rate of 25% of total cementitious materials. 2.19 PRECAST CONCRETE PRODUCTS A. Precast concrete median barriers shall be maximum of 24" (600mm) width at base and 6" (150 mm) minimum width at top and shall taper from top width to base width. Barriers shall be F -Shape orSafety shape. m B. Bar .hers shall be a maximum of 32" (813 mm) tall with a maximum length of 6�1!ce*m&roviC�n smaller length segments as shown on the drawings. D- r— C"s-4 1 C. Barriers shall be manufactured to allow anchoring to concrete slab via a minimvf tW 1/2"rmm) p diarneter stainless anchors one at each end of the barrier. i 1 oM� D. Precast concrete products shall be suitable for submerged and partially subm#ed eri*onmevnt. E. Conform to ASTM C 825 and Iowa DOT specification 2513. F. Manufacturers: Wieser Precast, Cretex Concrete Products, or Equal. PART 3 EXECUTION 3.01 PREPARATION A. Construct forms strong, straight, adequately braced and securely fastened. B. Install vapor barrier where shown. C. Remove laitance from previously placed or existing concrete. LIUNU M i r- VVvM . ms1948 Page 8 - SECTION 03 00 10 D. Blast existing concrete surface to interface with new concrete fillets to obtain a minimum amplitude of 1/4" (6 mm). ICRI Concrete Surface Profile #8 or greater ICRI 310.2. Thoroughly clean surfaces, dry, and apply bonding agent prior to placing new concrete. E. Apply form coating on formwork in accordance with manufacturer's instructions. Apply prior to placing reinforcing steel, anchoring devices, and embedded items. F. Do not apply form coating where concrete surfaces are scheduled to receive special finishes which may be affected by agent. 3.02 PLACING CONCRETE A. Clean transporting equipment, reinforcing, and embedded items before placing concrete. Remove water and debris from places to be occupied by concrete. B. Place no concrete until forms, reinforcing, and embedded items have been verified as adequately supported and accurately placed. Place no concrete over water -covered, muddy, or frozen soil. C. Immediately remove concrete where water, soils, or other deleterious substances are permitted to mix with concrete, form or embedded item movement occurs, or inadequate consolidation is obtained. D. Hot weather concreting: 1. Applies to concrete placed when ambient temperature exceeds 90T (321C). 2. Conform to ACI 305R recommendations and requirements. E. Cold weather concreting: 1. Applies to concrete placed when ambient temperature is below 40F (4C). 2. Conform to ACI 306R recommendations and requirements. 3. If temporary heating facilities used are of type which produce an atmospheric condition of high carbon dioxide content, seal off concrete in such manner that no damage will result to concrete surface. F. Employ best industry practices to prevent segregation during placing. Do not drop concrete more than 5'(1500 mm). Use tremied or pumped concrete to provide proper placement. Place in layers approximately 18" (450 mm) deep. G. Place concrete continuously in each section until completed. Permit not more than 341inutes between depositing adjacent layers of concrete within each section, unless arQV set retarder is used in concrete mix. ac) H. Thoroughly compact, puddle, and vibrate concrete into corners and around rail ert�edded items. Use internal vibration where size of section permits. �m -o m I. Maintain concrete placing temperature between 50F (111x) and 90T (321C) e)iWas Mecifir hot and cold weather concreting. 7a J. Place sections of concrete in sequence that eliminates shrinkage effects to greatest extent practicable. K. Protect concrete from injury due to sun, cold weather, running water, construction operations, and other causes until properly cured. 3.03 REINFORCEMENT PLACEMENT A. Remove scale, loose flaky rust, dirt, grease, curing compound, and other coatings that would impair bond. 22800.05.22 CONCRETE WORK ms1948 SECTION 03 00 10 - Page 9 B. Install slab -reinforcing bars in correct position by use of preformed bolsters and spacers, except concrete blocks may be used to position bars in concrete placed on grade. Concrete block shall have compressive strength equal to that of surrounding concrete. C. Space bars properly and tie securely in position before placing concrete. Tack welding to keep reinforcing in place is not permitted. 3.04 CONSTRUCTION JOINTS A. Install only where shown or where specifically permitted. B. Provide keyway 1-1/2" (38 mm) deep covering approximately 1/3 area of construction joint, unless shown otherwise. C. Install bentonite waterseal where shown or specified. D. Location where not shown: 1. Contractor shall locate joints using the following guide for Owner's Representative's review. 2. Near center of self -supported slabs, beams, and girders unless beam intersects girder at this point, in which case joints in girders shall be offset a distance equal to twice beam width. 3. Underside of deepest beam at walls and piers. 4. At other places least likely to impair strength and appearance. 5. Provide additional shear reinforcement where requested by Owner's Representative. 6. Maximum pour unit shall be less than 50'(15 m) in any dimension unless specified otherwise. E. A delay, until concrete is no longer plastic, shall occur after placing concrete for columns or walls before placing concrete for slabs, beams, or girders supported thereon. F. Slabs -on -grade: Place concrete in continuous side-by-side strips. Saw -cut control joints as soon as possible after concrete hardens. Allow initial shrinkage of concrete to take place (ideally 90-120 days) before applying sealant. 3.05 EXPANSION AND ISOLATION JOINTS A. Formed joints: Make exposed edge of concrete slightly rounded with edgeraKts`ra' contenint sealant. D� !r B. Install -materials in accordance with manufacturers' instructions. Set preforrr�Ati� atl seJ rel in place before placing concrete. _Cr__ -Q R7 = S C. Install joint filler to within joint width (1/2" (12 mm) minimum) of exposed surfQaFiIIVNmainof joint with joint sealant. y �O 3.06 EMBEDDED ITEMS A. Install items required under this contract to be embedded in concrete. Install items required by others for embedding in concrete, if so instructed before placing concrete. B. Fasten embedded items securely in proper position before placing concrete. C. Conduit or pipe embedded in slabs or walls: 1. Locate in center of slab or wall and space not closer than 3 diameters on center; locate to avoid impairing strength of concrete. 2. Coordinate placing of reinforcing with conduit or pipe location. Do not cut reinforcing to clear conduit or pipe. D. Aluminum pipe shall not be embedded in concrete. Where aluminum projects into or rests against surface of concrete, coat surfaces of aluminum to prevent direct contact with concrete. Page 10 - SECTION 03 00 10 3.07 GROUTING ms1948 A. Roughen precast concrete surfaces by mechanical abrasion, light blast or light chipping to remove laitance per product supplier instructions. Do not expose reinforcing steel. B. Remove materials which might interfere with bond; prepare surfaces in strict conformance to manufacturer's instructions. C. Mix, place, and cure grout in strict accordance to manufacturer's instructions. D. Provide formwork as required to contain the grout and produce smooth uniform surface finishes. 3.08 FINISHING A. Flatwork: 1. Tamp concrete to force coarse aggregate down from surface. 2. Screed with straightedge, eliminate high and low places, bring surface to required finish elevations; slope uniformly to drains. 3. Dusting of surface with dry cement or sand during finishing operations is not permitted. 4. Apply curing compounds and similar materials in accordance with manufacturer's instructions during or after finishing. 5. Trowel finish: a. Float surface to true, even plane. b. Steel trowel to smooth, uniform finish, free of defects; steel trowel second time to final burnish finish; use edger on exposed edges. c. Use on interior floor slabs. 6. Float finish: a. Float surface to true, even plane. b. Float second time to uniform finish with wood or cork float; use edger on exposed edges. c. Use on equipment foundations and tops of structure foundations. 7. Roughened finish: a. Roughen surface with rake or stiff broom to minimum depth of 114" (6 mm). b. Use on surfaces to receive additional concrete or grout. 8. .Broomed or belted finish: .a. Float surface to true, even plane. 29 b. Steel trowel to smooth, uniform surface. c. Broom with fiber brush or drag burlap belt across surface in direction tra werrse raffc fn . d. Use on sidewalks and exterior slabs at door entrances. B. Formed surfaces: =in 1. -..Remove fins, projections, and loose material. 2.- Clean surfaces of form oil. 7D 3. Patch honeycomb, aggregate pockets, voids, and holes as follows: �7� p a. Chip out until sound concrete is exposed to minimum depth of 1" (25 mr* b. Prepare patching mortar with approximately 2 parts normal portland cement, on@Aart white cement, 9 parts fine aggregate; vary proportions of cement as necessary to match color of adjacent concrete. c. Saturate surfaces with water and fill cavities with patching mortar. 4. Fill holes left by form ties with patching mortar. 5. Cure patches as specified for concrete. 3.09 FORM REMOVAL A. Minimum time before removal after placing concrete, unless permitted otherwise: 1. Footings: 24 hours. 2. Walls, piers, and columns: 48 hours (24 hours for metal -lined forms). 3. Self -supported beams and slabs: 14 days. 4. Time specified above represents cumulative time during which temperature of concrete is maintained above 50'F (111C) and for concrete witho ut set -controlling admixtures. 22800.05.22 CONCRETE WORK ms1948 SECTION 03 00 10 - Page 11 B. Reduce removal time by half for high -early -strength cement concrete. C. In any event, do not remove supporting forms and shoring until concrete has acquired sufficient strength to safely support own weight plus construction loads. D. Take care when removing forms that concrete is not marred or gouged and that corners are true, sharp and unbroken. E. Reshoring and backshoring: Conform to requirements of Section 2, ACI 301. 3.10 CURING A. Cure all concrete; begin curing as soon as possible after placement of concrete. B. Use of liquid membrane -forming curing compound permitted for all concrete except where product would impair bond of other applied materials to surface, where surface curing and sealing product is specified for use, or where other method of curing is specified for particular use. C. Plastic film curing: 1. Dampen surface of concrete and lay plastic film with minimum 6" (150 mm) side laps and free of wrinkles; tape side laps. 2. Hold film in place with lumber or use similar provisions to prevent exposure of concrete for 7 days after placing. 3. Immediately repair tears in film. D. Water curing: 1. Keep concrete continuously wet for 7 days after placing. 2. Use on concrete surfaces not receiving compound or plastic film curing. 3. Clean, nonstaining absorptive mat may be used with water curing. 4. Do not use for curing cold weather concrete. 3.11 CURING AND SEALING COMPOUND g A. Initial curing and sealing application shall be applied immediately after concres scientl5"t to allow application without damaging surface. Dt C3 -C r B. Second application shall be applied 28 days after slab is cast. syn r C. Final application shall be applied immediately before fuming the slab area ovel� _wrWF. 0 3.12' WASTE MANAGEMENT A. Formwork: Reuse forms to greatest extent possible without damaging structural integrity of concrete and without damaging aesthetics of exposed concrete. B. Mixing equipment: Return excess concrete to supplier; minimize water used to wash equipment. C. Moisture curing: Prevent water run-off. 3.13 PRECAST CONCRETE PRODUCTS A. Layout precast products and determine locations of anchors. Maintain 1/2" minimum gap between precast units to facilitate grouting. B. Drill anchor holes in existing concrete to provide adequate size for anchor and epoxy resin. C. Install precast products and anchors securing in anchor holes with resin. Minimum embed of 4 -inches. ms Page 12 - SECTION 03 00 10 D. Grout gaps between precast products and to fill any lift holes. 1) J. M. Brady 2) A. L. Bickford END OF SECTION o A� m r `m = rn �� IV D tO CITY OF IOWA CITY INFLUENT CHANNEL MODIFICATIONS PROJECT 4366 Napoleon St SE, Iowa City, IA 52240 IOWA CITY, IOWA VICINITY MAP )ENT INEL AREA SOUTH WASTEWATER TREATMENT FACILITIES LOCATION MAP CONTRACTOR RESPONSIBLE FOR LOCATING ALL UTILITIES PRIOR TO CONSTRUCTION. -SOUTH WASTEWATER TREATMENT PLANT. 4368 NAPOLEON ST SZ IOWA CITY. IOWA 52240A201 R 0m t-$00.242.8489! ,�, w,vw.iowaanecalf.oom -�� Y OBAN� i O Qj LMeil �1 Ritum O a�' AT FULL SIZE DRAWN — 0 1 2 1 IN scum_ T7 APPRmD e D 1 2 1 1 5 6 2 Bcm AFFR D- MiE IIIIIIIIIIIIIIII© IIG ME �N ID IIIIIIIIIIIIIIIIIc DRAWING INDEX G1 -COVER SHEET VICINITY&LOCATION MAP S210 S211 -VORTEX GRIT TANKS AREA INFLUENT CHANNEL -PLANS - VORTEX GRIT TANKS AREA NFLUENT CHANNEL OETAILS-SHEETI 5212 - VORTEX GRIT TANKS AREA INFLUENT CHANNEL OETAILS- SHEET 2 M210 -CIVIL SITE PLAN- BYPASS PIPING CONTRACTOR RESPONSIBLE FOR LOCATING ALL UTILITIES PRIOR TO CONSTRUCTION. -SOUTH WASTEWATER TREATMENT PLANT. 4368 NAPOLEON ST SZ IOWA CITY. IOWA 52240A201 R 0m t-$00.242.8489! ,�, w,vw.iowaanecalf.oom -�� Y OBAN� i O Qj LMeil �1 Ritum O a�' AT FULL SIZE DRAWN — 0 1 2 1 IN scum_ T7 APPRmD e D 1 2 1 1 5 6 2 Bcm AFFR D- MiE IIIIIIIIIIIIIIII© IIG ME �N ID IIIIIIIIIIIIIIIIIc i 6 SPACES 0 5'-6* = 33'-0' _-� 5'-9• -- - i/a' x Iz' X I5' -I1' r CAP 1/4' X 12' X Is' -11' STAINLESS STEEL PLATE __ _... _ 56ARILESS STEEL PULE s (3)-I/1' DA % 2' _. - —�.-. EXISTING NFLUENT PUMP STATION STAINLESS STEEL BOLTS ! CHANNEL EQUALLY SPACED AT WALL ' ARGUE CONNECTOR (M)� ST3 X 3 STEEL L3%I/4%12' (M FOR /) (3) - I/2' DA STAINLESS STEEL \—HP 12x93 -521 ADHESNE ANCHORS [DUALLY SPACED WITH 6' EMBEDMENT AT EACH WALL CONNECTION (M) - SEE NOTE IJ FILL CONCRETE (M) i AL 6X4,83 1'-0' A-S210(Typ) CLASS 13' CONCRETE 4 2'-3' 8'-0• 5'-5• (TYP) 3'-0• t-------------- 5'-6• B•_O• II i 11 AL I6X4.D3 (TMP)— si A-5 12 S -C TRANSITION SECTION (TYP) NNE 2 (SIM B-S212)t— NOTE 1 NOTE 2 NOTE 3 7'10• I NATE 4 � s\R R\`•`•Y'3�'NOTE I 1 1/2' X 3/16' AL BAR GRATING CL pONNEL ADD CONCRETE FILLETS A -S21 FILL CONCRETE �(TYP) BARRIER SEGMENTS (5) 3' SECT%NS *GLARDRNL (PYP) ((SIM i0 B-5212) �e CONCRETE SUR (TOC = 659'-1 1/2) VL e 0 it L LOGiXN PONT FOR BDTH RAP 3'-0' TIMRSITAN X•5430.04 SECTION (M) E=50ML25 NOTE 2 AnITHMTCN?• '5210 e NORM NOIES I,. + 1. AL L4X2X3/8. 2. MAINTAIN FILLET TOP UNE ELEVATION AND SMOOTHLY VARY FILLET FACE SLOPE i0 FULL 2'-4• SECTION. NORIA J. ANCHOR EACH END OF BARRIER 70 FLOOR USING DOWELS/ EMBEDDED SST ANCHORS PER BARBER SUPPLIERS RECOMMENDATIONS. 3'-0' (TYP) IRN 4. GROUT JOINTS BETWEEN BARRIERS TO RESULT IN SEAMLESS _ MA7CNNE FOR CONTINUATION SEE OWG 5210 SEC"(i1P) NOTE 2 CONTINUOUS BARRIER. TYPICAL AT EACH BARBER AUNT. —• CON FILL CONCRETE JaR (UWM •— • — 5 CONTRACTOR SURFACES PRESSURE WASH AND FLUSH ERS CHANNEL FILLETS. OBTAIN (NOPE 3 /f. CLEAN W WATER OSGRi UNITSINSTNLING BARRIERS AND FlLIETS. DRAM 6. REMOVE AND REINSTALL GRATING AND SUPPORTS AS NECESSARY TO PERFORM THE WORK. )• , :�,NME 4 7. FILLET CONSTRICTION: A BLAST CONCRETE WNL AND FLOOR SURFACES BEHIND AID ,'•,( '• ''• `•. -FATE 2 BENEATH FILLETS TO 1/4 PROFILE. B. PROTECT SURROUNDING CONCRETE SURFACES DURING BIASTNG. \ to �,,• �,,,� �•y` `, ' � . C. APPLY BONDING AGENT i0 BASTED CONCRETE. �. , �;y\, : '• m O. INSTALL CONCRETE FILLETS IN 25' MAXIMUM LENGTHS. PROVIDE LOCATION POINT)-• ,�` "• : ,� fi \ - BUTT JOINT REINTER FILLET SECTIONS. 1. FOR 16'-6' RAGAS — . \��. N=5386.54 E=5085.17 W\fi'6 ''`t , V 'F6' CONCRETE LOCATION POINT / `\},• '; / ; SUB (T0C - FOR 23-6' RADIUS R„-51\1 '•F. •i X • 659'-1 1/21 N=538181 V� 7 E=5088.67 R20'O \ NOTE I� BARBER SEWERS (7) S SECTIONS 0-5212 0-5212 (1) 6' SECTIONS V-0• I (SIM) J-5212 i x-5212 FILL CONCRETE AL C5X232 (M) nYp) AL 8X6.18 � .e 4'-6' 1—� I___ 1 0' I I i Ea WWF � WWF N aR,AWN a svAX: Au — SLOE GATES ND.0 SV N �a 4 u ea.n Oa.A. 1%1.uc 12 I I/2' X 3/16' AL 8AR (RA1BA C-) C. C G-5212 Gjtjt OM1M^� 1/2' EXPANSION ANTi �� N n 3 9 1 —_rn � 1 N 0 VORTEX GRIT AL I6X403 VORTEX GRD Ly>_ UNIT UNIT (M, IMO)EL 649'-4 1/2' ----1 N INFLUENT CHANNEL PLAN YALE: 1/4' = 1'-0' C 2•_4• BRLUEtl! 3'14 Gtl3t�CL BEN 12• OIC (T (11P All SFCTIOS) �4 twim MAL BOC (M ALL SECTIONS) FILL CONCRETE FILLET SO NOTE 7 SECTION SCALE: I/2' = 1'-0• r e AT FULL AEE 0 1 2 3 N 0 1 2 3 4 5 6 7 'Bcm aR,AWN a svAX: Au CHECI( 4 ApyRp,(p .N star ND.0 SV rn°rp•iD to Ole CAM to >a1e 4 u ea.n Oa.A. 1%1.uc 12 SECTION a1 t SCALE 1/2' = 1'-0• ,,,--OIWNRNL rW STANCIA O REINFORCING a• B• I•_0• C_6• /// HOOK mNERWOIl ABWf a� EL 659'-I I/2" --: -' � - _^ 6. rAI2 3'-0 11/4• X 12• 1 6- WALL ANGLE T- 9E�EL�PLATE CONNECTION !i nyp) (TYR FOR 4) EM ESNE ANCHORS 4• ADHESIVE EMBEDMENT MISOM WALL ATION 6• ANCHORS (M) EMBEDMENT OMER LOCATIONS EL 655-1 1/2' - --- EL 650'_7 I/2' ` .- / ROEM UGHENCONSTRUCTION LCLASS - JOINT EKED FILL CONCRETE ,1 WC WATERSTOR (TYR) 6' 1' V-0- �UNMISTURBEM EXISTING SOIL SECTION B � of t SCALE 1/2' = 1'-0- AT FULL SIZE 0 1 2 J N 0 1 2 3 4 5 6 7 Rcm an in ■ WI ■ E6 0 C o *::4 -�� m W ■ E6 0 .CONCRETE FOR FILLET FILlEi (112) REINFORCING SEE SECTION A-5210 (EL 653--1 1/2' n �-C`A`UIM ALL- . / / �LRANUWt RLL - T 3- / M EL VARIES - 0 SECTIONSA S 212 SECTIONZ SCALE 1/2- = I'-0' SGVL 1/2' • 1'-0' 1'-0' A' -B' 1'-6' 4'-6' 1'-0' EL GI 1/20 r -CONCRETE FILLET (TYP) (BEHIND SECTION) CHANNEL DMDER WALL -LRMUVR FI EL 657'-1 1/2' J EL VARIES - 4 SECTION SCALE 1/2' = V-0' -GUARDRAIL I' -O' VARIES I'-0' EL 659'-1 1/2' (+ EL 659'-1 1/2' RECAST BAWER S' (LLP) FOR FILLET FOR FELET ENFORCING SEE RERiCNG SEE SECTION A-5210 mp) SECIOIN A-5210 (T�)) ELfi5_�'-1 1/2'1/2' ZrOR L 61 1/2' 20' SRS I' GALVANIZED f-5212 , �U-BOLT (9B i0 PIPE) /1LLYMIZED EL 661'-1 1/2' I ..12X53 1/2' (t) --- NON-SNPoN( G6WT �..:.PI,i EL 659'-1 1/2' ' I/4EAR' NEOPRENE e I� BNG D 2-7/4' GALVANIZED I I6' ARM BILIS (1YP) 0 (FOR INFORMATION ONLY) SECTION E -S SCALE: 1/2' = 1'-0' ISI -AL L4X3XI/4 �-AL 16 OR IS (TSP) $ECTNNI5J S 0 (FOR INFORMATION ONLY) SCALE:r = V -D' _- GRANULAR FILL) SECTION5�--SM CLP: 1/2' • V-0' 1' GALVANIZED U -BOLT �(9B 70 PIPE) 20' SRS :p—_—_—_- ! 1/2' 7 1/2' � I AL. BAR CRATING - AL E6ORIO L9i WITH CM ASTM F593 BILIS SECTION F X212 SCALE: 1/2' = V-0' EL VARIES - 7!wlw- EL 61 1/2' -REMOVE FOR TELPORM` BYPASS PIPING INSTALLATION. REINSTALL AFTER Bi'PASS PIPING 5 REMOVED. TOUCH UP PAINT. EL S59'-1 1/2' TOC EL 111 1/2- 5/8' DM SST HILTI NB -T2 ANCHORS SECTION5� -?2101Z (FOR NFCRYATON ONLY) SCALE: 3' = V-0" EL 659'-1 1/2' FOR FILET ENFORCING SEE SECTION A-5210 (TVP) EL 61 1/2' X13'-- 3' --E-_ 1 SECTION D -S p12 SCALE: I/2' = 1'-0- 21' TO 24' �c N -<r -0 m rn 3 TYPICAL PRECAST BARRIER DETIAL x N SCALE. 1- = 1'-0' P.W AT FULL SBE D 1 2 3 IN D 1 2 3 4 5 6 7 Sc. 10 m 67 EF 6E si R _ V 1 L Y 21' TO 24' �c N -<r -0 m rn 3 TYPICAL PRECAST BARRIER DETIAL x N SCALE. 1- = 1'-0' P.W AT FULL SBE D 1 2 3 IN D 1 2 3 4 5 6 7 Sc. 10 m 67 EF 6E EXISTING PUMP DSCNARGE PANG (M) REMOVE COSTING BO ELBOW' AND VERTICAL -- r'- PIPE SEE SECTIONS A-5211 AND F-5212, CONNECT BYPASS PIPING TO COSTING FLANGE CONNECTIONS INSTN.IRE..ORT 20. BYPASS AS RE AND AND RESfiWN PIPING I �- \ 20. — -------------------- /L c /. s AI 1F f VORTEX GRIT c UNIT : : ' o o :. --- ,------------ w.. ----- - ----- WONEI GRIT �'%''• 1 / i IWir jC> EV rn = i -------------- -- . I e 160'-3- (3) INFLUENT CHANNEL BYPASS PIPING PLAN D SCALE: 3/16• - 1'-0- R0. RMSgNS D6DH CHRD APVO MIT Stanley Consultants INC. Yf5 bn.\nie. uunun, I— NMI -MR CITY OF IOWA CITY, IOWA WASTEWATER TREATMENT FACITIES INFLUENT CHANNEL MODIFICATIONS CIVIL SITE PUN BYPASS PIPING A AT FULL SIE oEStNED A NMI DMWN a No:: AS NOTED 0 1 2 3 N RE b1ECD 0 WWI W.= REV. 0 1 2 3 4 5 6 7 B cm 'wPgOiF°M210 B MYE AAE x m1e 5 e I e + 10 I11 'warm 12 �SAl 17 .c s .<t'+"" 9y ' a .a L _•Q°.�. S�'`' M1 R Ar Fj j �•'C.X $�'�. -42 Y, 4o-' nrky_ax bla"x "4 f '. rm4e �{ 5 AL_ - fi .a, mut # r,,,.j,,,y;, k .,d ffi._r w, W _ • v4 F / $ a - r,+ t _ yp `= 4`•°gy i aaa:t.. F '! ...t a. `� .. 4kw 4Al w'� S.. • � ,. � .{ yea � •.�b r:- � �`yi� sayµ. Ytr, 7 �' i - t ! ,< .i i' �.•i.. a ` �, - • ;- - _ - t. 1.. 3�'z`7,> a i� .�9 fir'' �' w�"" it Ido - 17 1 kv x ` �,I'PS Na # J_' xl!w ,. t •i' - yery i'11 i¢.i.n y#,u s t'"fJ Y._5+ I. JC or w Y- s ` 10 C )may}/ [p . ^f, � r � 4�� n.•s.�+#. 3 �' ��y Prepared by Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5436 Resolution No. 18-201 Resolution setting a public hearing on July 17, 2018 on plans, specifications, form of contract, and estimate of cost for the construction of the Wastewater Treatment Facility Influent Channel Modifications 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 the WWTF Influent Channel Modifications account # V3152. 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 171h day of July 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 3rd day of July '2018 MaVor Approved by Attest: -mac- '45) City Clerk City Attorney's Office It was moved by Mims and seconded by Thomas the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Botchway Cole Mims Salih Taylor Thomas Throgmorton Ze Zr FQibedia 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: 0003016098 7/11/18 07/11/18 $33.05 Copy of Advertisement Exhibit "A" Subscribed and sworn to before me by said affiant this 11th day of July. 2018 Notaryblic 91921 Commission expires on of of that of t a in said city at 7:00p�M. on 1 day of July 2018, said to be held in t'he Emma J. Hall in the Citv Hall_ air as of contract and `estimated 'cost -are now on file in the office of the City Clerk in the City Hall in Iowa City Iowa, and may be inspected y any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said plans specifications, contract or the cosi opmaking said improvement. This notice isven by order of the City Council of the City of Iowa City, Iowa and as provided by law. C�ELLLIE FRLEHLING, CITY e Prepared by Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5436 Resolution No. 18-212 Resolution approving plans, specifications, form of agreement, and estimate of cost for the construction of the Wastewater Treatment Facility Influent Channel Modifications 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 WWTF Influent Channel Modifications account # V3152. 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 31st day of July, 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 7'" day of August 2018, or at a special meeting called for that purpose. Passed and approved this 17th day of ,lulu 2018. Attest: Deputy Cib7,Oprk �J Ma)6r Approved by City Attorney's Office L Resolution No. 18-212 Page 2 It was moved by Mims and seconded by sotchway the Resolution be adopted, and upon roll call there were: Ayes Nays: Absent: x Botchway Cole Mims Salih Taylor Thomas Throgmorton A—MIC IOWA LEAGUE 4fCITIES 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 Influent Channel Modifications Project Classified ID: 111241 A printed copy of which is attached and made part of this certificate, provided on 07/17/2018 to be posted on the Iowa League of Cities' internet site on the following date: July 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. 7/18/2018 OJ,, W.WLr Alan Kemp, Executive Director NOTICE TO BIDDERS CITY OF IOWA CITY INFLUENT CHANNEL MODIFICATIONS PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 31st day of July, 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 7"' day of August, 2018, or at special meeting called for that purpose. A prebid conference will be held at 10:00 a.m. on July 25, 2018 at the Wastewater Treatment Plant, 4366 Napoleon Street SE, Iowa City, Iowa. Representatives of Owner will be present to discuss the Project. Bidders' tour of the treatment plant facilities being modified will immediately follow conclusion of pre-bid meeting (approximately 11:00 a.m.) The Project will involve the following: General construction at the City of Iowa Wastewater Treatment Plant, 4366 Napoleon Street SE, Iowa City, IA. Work will modifications to concrete influent channel including construction of fillets and divider wall and associated modifications while maintaining continuity of plant flow. All work is to be done in strict compliance with the plans and specifications prepared by Stanley Consultants, Inc, of Muscatine, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be 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 5% 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 hun- dred 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 two (2) year(s) from and after its completion and formal acceptance by the City Council. AF -1 i The following limitations shall apply to this Project: Substantial Completion Date: October 26, 2018 Specified Completion Date: November 9, 2018 Specified Start Date: August 21, 2018 Liquidated Damages: $500 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 $50.00 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. 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 AF -2 Julie Voparil From: Kelsey Hutchison <khutchison@mbionline.com> Sent: Wednesday, July 18, 2018 4:31 PM To: Julie Voparil Subject: Certificate for Notice to Bidders Attachments: 7.18.18 notice to bidders.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 I, I r� i [•1 � ii :� r�T�� �� City of Iowa City Influent Channel Modifications 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): July 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. July 18, 2018 [ `� Date President/CEO of The Construction Update Plan Room Network Kelsey Hutchison Master Builders of Iowa • Administrative Assistant 221 Park Street • PO Box 695 • Des Moines • Iowa • 50306 [d] 515.657.4381 • [ol 515.288.8904 • [Q 515.288.2617 le]khulchison almbionline.com • [w] hfo:/Iwww.mbionline.com/ *1 Always Stay UP TO DATE JUL 17 Zola NOTICE TO BIDDERS CITY OF IOWA CITY INFLUENT CHANNEL MODIFICATIONS PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 31st day of July, 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 7r' day of August, 2018, or at special meeting called for that purpose. A prebid conference will be held at 10:00 a.m. on July 25, 2018 at the Wastewater Treatment Plant, 4366 Napoleon Street SE, Iowa City, Iowa. Representatives of Owner will be present to discuss the Project. Bidders' tour of the treatment plant facilities being modified will immediately follow conclusion of pre-bid meeting (approximately 11:00 a.m.) The Project will involve the following: General construction at the City of Iowa Wastewater Treatment Plant, 4366 Napoleon Street SE, Iowa City, IA. Work will modifications to concrete influent channel including construction of fillets and divider wall and associated modifications while maintaining continuity of plant flow. All work is to be done in strict compliance with the plans and specifications prepared by Stanley Consultants, Inc, of Muscatine, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be 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 5% 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 hun- dred 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 two (2) year(s) from and after its completion and formal acceptance by the City Council. RECEIVED JUL 17 2018 AF -1 R The following limitations shall apply to this Project: Substantial Completion Date: October 26, 2018 Specked Completion Date: November 9, 2018 Specified Start Date: August 21, 2018 Liquidated Damages: $500 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 farm 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 $50.00 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. 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 AF -2 Prepared by Ben Clark, Public Works, 410 E. Washington St., lova City, IA 52240, (319) 3565436 Resolution No. 18-220 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Wastewater Treatment Facility Influent Channel Modifications Project Whereas, Tricon General Construction, Inc. of Cedar Rapids, Iowa, has submitted the lowest responsible bid of $157,200 for construction of the above-named project; and Whereas, funds for this project are available in the WWTF Influent Channel Modifications account # V3152; and Whereas, The City Engineer and City Manager are authorized to execute change orders according to the City's Purchasing Policy as they may become necessary in the construction of the above-named project. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The contract for the construction of the above-named project is hereby awarded to Tricon General Construction, Inc. of Cedar Rapids, 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 and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 7th day of August 12018 Ma r proved Attest City Clerk It was moved by Cole and seconded adopted, and upon roll call there were: Ayes: X X X X X X Nays: City Attorney's Office by Salih the Resolution be Absent: X Vacant - Botchway seat Cole Mims Salih Taylor Thomas Throgmorton 0%. r FORM OF AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Iowa City, Iowa ("City"), and Tricon General Construction, Inc. ("Contractor"). WHEREAS the City has prepared certain Plans, Specifications, Proposal and Contract dated the 281° day of June 2018, for the City of Iowa City Influent Channel Modifications Project ("Project'), and WHEREAS, Contractor submitted a bid on the Project described in said Plans, Specifications, Proposal and Contract; and N WHEREAS, the parties hereto now wish to enter into this agreement for theconstrLB-on of a -n said Project. C-) — NOW, THEREFORE, IT IS AGREED: =icy r- M �r-1 1. The Contractor hereby agrees to perform the Project for the sums ri*" in IWForno N of Proposal including the total extended amount of $157,200.00, which sans are cn Incorporated herein by this reference. 2. Contract Times: a. The Work will be substantially completed on or before October 26, 2018, and completed and ready for final payment in accordance with Feregreph 4 56Q �3_„ the General Conditions on or before Novemb r 9, 2018. 3V b. Liquidated Damages. Contract er recogniz at time is of the essence and that O er will suffer financial and other losses if the Work is not completed a ilestones not achieved within the times specified ICY o , pl any extensions thereof allowed in accordance with the Contract. also recognize the delays, expense, and difficulties involved in provin egal or arbitration proceeding the actual loss suffered by Owner if the Wo is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): Substantial Completion: Contractor shall pay Owner $500 for each day that expires after the timeP=intivasl ddjted pursuant to the Contract) specified 41, Rawg above Completion until the Work is substantially complete. -SV Completion of emaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time (as duty adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $500 for each day that expires after such time until the Work is completed and ready for final payment. AG -1 /~ Liqui8sted damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently. Milestones: Contractor shall pay Owner $500 for each day that expires after the duration (as duly adjusted pursuant to the Contract) specified above for achievement of each Milestones if any, until each Milestone is achieved. 3. This Agreement consists of the following additional component parts which are incorporated herein by reference: a. Addenda Numbers (none issued) attached hereto; b. Plans; d. Technical Specifications and Supplementary Conditions; e. Performance and Payment Bond; f. Contractor's Completed Bidder Status Form; attached hereto; g. Contractors Completed Assurance of Contract Compliance Program (Anti - Discrimination Requirements), attached hereto; h. Completed Form of Proposal; and i. This Instrument. The above components are deemed complementary and should be read together. In the event of a discrepancy or inconsistency, the more specific provision shall prevail. AG -2 N 0 O m C= C-) �l -: M rn a W Cn 4. The names of subcontractors acknowledged by City, together with quantities, unit prices, and extended dollar amounts, are as follows (or shown on an attachment): Name: Quantity: Unit Price: $ Amnt: DATED this 8th day of August 20 18 . ATTEST: 7 City Clerk AcrlA/& CN7 /#04,50. AG -3 (Title) Owner ATTEST: Otn (Title) Witness (Company Official) proved By: ? OF-/[, -1 j City Attorney's Office (,l Bond No. 9266792 PERFORMANCE AND PAYMENT BOND Tricon General Construction Inc of Cedar Raoids Iowa 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) Fidelity and Deposit Company of Maryland , 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 One Hundred Fifty Seven Thousand Two Hundred Dollars ($157,200.00) 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 June 28, 2016 entered into a (date) written Agreement with Owner for the City of Iowa City Influent Channel Modifications 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 Stanley Consultants. Inc , 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 Owners obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Project in accordance with the terms and conditions of the Agreement, or 2 Obtain a bid or bids for submission to Owner for completing the Project in accordance with the terms and conditions of the Agreement. and upon determination by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available, as work progresses (&On though there may be a default or a succession of defaults under the AgreemeroI r subsequent contracts of completion arranged under this paragraph), suffic4iritfunds to pay the cost of completion, less the balance of the Contract Pfi4e,;butcnot 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 payale am by Owner to Contractor under the Agreement, together with any addenda and/or amendments thereto, less the amount properly paid by Owner to Contractor. C. The Contractor and Contractor's Surety shall be obligated to keep the improvements covered by this bond in good repair for a period of Two (2) years from the date of formal acceptance of the improvements by the Owner. D. No right of action shall accrue to or for the use of any person, corporation or third party other than the Owner named herein or the heirs, executors, administrators or successors of Owner. IT IS A FURTHER CONDITION OF THIS OBLIGATION that the Principal and Surety, in accordance with provisions of Chapter 573, Code of Iowa, shall pay to all persons, firms or corporations having contracts directly with the Principal, including any of Principal's 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. SIGNED AND SEALED THIS 8th DAY OF Auaust 2018. IN THE PRESENCE OF: Tricon Gene ruetlea'la Ronald �l and Witness ihOl ItneSS Kimberly S. Reach Owner (Title) Flde11M d rf'd� ' ny of Maryland (Surety) Todd Schaep, Attorney -In -Fact (Title) 1299 Zurich Way (Street) Schaumburg, IL 60196 (City, State, Zip) (800) 9873373 r� (Phone) - o C3 C-1 �� ao ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by MICHAEL BOND, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forthonthe reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Thomas O. CHAMBERS and Todd SCHAAP, both of Franksville, Wisconsin, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 12th day of July, A.D. 2017. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND ca4r, Jo nosy uv: a` t04a �f Assistant Secretary Vice President Dawn E. Brown Michael Bond State of Maryland County of Baltimore On this 12th day of July, AD. 2017, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL BOND, Vice President, and DAWN E. BROWN, Assistant Secretary, of the Companies, to me personally (mown to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. ^� o_ IN TESTIMONY WHEREOF, I have hereunto set m hand and affixed m Official Seal the and m Y Y day Year firs[ above written. CT1 r 1 �i POA -F 184-0010C l.p'noi.e/+�J:-a ��l..vr-,v '\w�\.\11�<�iYC`` _ r I • 1 Constance A. Duan, Notary Public My Commission Expires: July 9, 2019 .o POA -F 184-0010C EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under; and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority. of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 8thdayof Auqust 2018. °Ioca BEAL to J% W U_ UJ I— CD N David McVicker, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich American Insurance Co. Attn: Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 STATE OF WISCONSIN ) COUNTY OF Racine ) ON THIS 8th day of August 2018 before me, a notary public, within and for said County and State, personally appeared _ Todd Schaap to me personally known, who being duly sworn, upon oath did say that he is the Attomey-in-Fact of and for the Fidelity and Deposit Company of Maryland , a corporation of Maryland , created, organized and existing under and by virtue of the laws of the State of Maryland ; that the corporate seal affixed to the foregoing within instrument is the seal of the said Company; that the seal was affixed and the said instrument was executed by authority of its Board of Directors; and the said Todd Schoap did acknowledge that he/she executed the said instrument as the free act and deed of said Company. Jac fe Sheldon Notluy Public, Racine County, Wisconsin My Commission Expires 4mami8 IMM OPP,Y N rn Y ---i C7 JACKIE c: oo r SHELDONCn a .:CA Prepared by: Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5436 Resolution No. 1 Resolution accepting the work for the Wastewater Treatment Facility Influent Channel Modifications Project Whereas, the Engineering Division has recommended that the work for construction of the Wastewater Treatment Facility Influent Channel Modifications Project, as included in a contract between the City of Iowa City and Tricon General Construction of Cedar Rapids, Iowa, dated August 17, 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 the WWTF Influent Channel Modifications account # V3152; and Whereas, the final contract price is $148,686.18. 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 8th day of January 2019 Mffyor 10 Approved by Attest: GC�e I' r - / - 2 Ci Clerk City Attorney's Office It was moved by salih and seconded by Aims the Resolution be adopted, and upon roll call there were: Ayes: 21 Nays: Absent: Cole Mims Salih Taylor Teague Thomas Throgmorton