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HomeMy WebLinkAboutRIVERFRONT CROSSINGS PARK PHASE 2 PROJECT 2017RIVERFRONT CROSSINGS PARK, PHASE 2 PROJECT 2017 20 -Jun -2017 Plans, Specs, proposal and contract 20 -Jun -2017 Res 17-215, setting a public hearing 03 -Jul -2017 Notice of Public Hearing, proof of Publication 18 -Jul -2017 Res 17-238, approving plans, specs, form of agreement, and estimate of cost 19 -Jul -2017 Notice to Bidders 15 -Aug -2017 Res 17-265 awarding contract (Tricon General Construction) 17 -Dec -2019 Res 19-296, accepting the work conFLUEnCE HRGreen SPECIFICATIONS FOR RIVERFRONT CROSSINGS PARK - PHASE 2 PROJECT CITY OF IOWA CITY, IOWA Confluence HR Green, Inc. 900 2"d Street SE, Suite 104 8710 Earhart Lane SW Cedar Rapids, IA 52401 Cedar Rapids, IA 52404 N O � C) -G m> —ir) ,rye 1�y -<F x c� Confluence HR Green, Inc. 900 2"d Street SE, Suite 104 8710 Earhart Lane SW Cedar Rapids, IA 52401 Cedar Rapids, IA 52404 CERTIFICATIONS RIVERFRONT CROSSING PARK - PHASE 2 PROJECT PATRICK R ,9• �..: ALVORD t- LANDSCAPE w Z ; ARCHITECT i - N .� NO. 577 ' .Z O 1 HEREBY CERTIFY THAT THE PORTION OF THIS DOCUMENT WAS PREPARED BY ME OR UNDER MY PERSONAL SUPERVISION, AND THAT I AM A DULY REGISTERED LANDSCAPE ARCHITECT UNDER THE LAWS OF THE STATE OF IOWA PATRICK R. ALVORD IOWA REGISTRATION d577 DATE MY REGISTRATION DATE IS JUNE 30, 2018 SHEETS/PAGES COVERED BY THIS SEAL N D Q .J I hereby certify that this engineering document was prepared by me or under my direct C-)� personal supervision and that I am a duly licensed Professional Engineer under the laws �n of the State oflowa. `ESS/ONq Q�OF P a••�y 4 �Q FZ Date: AARON L AARON L GWI N N U P, P. E. W GWINNUP m License No. 22558 J 22558 rn a My renewal date is December 31, 2017 Pages or sheets covered by this seal: /Ow N N D Q .J C-)� C5 �n P a••�y 4 - iV SPECIFICATIONS TABLE OF CONTENTS TITLE SHEET CERTIFICATIONS TABLE OF CONTENTS Page Number NOTICE OF PUBLIC HEARING............................................................................... PH -1 NOTICE TO BIDDERS.............................................................................................. AF -1 NOTETO BIDDERS................................................................................................. NB -1 FORMOF PROPOSAL............................................................................................. FP -1 BIDBOND................................................................................................................. BB -1 FORMOF AGREEMENT.......................................................................................... AG -1 PERFORMANCE AND PAYMENT BOND............................................................... PB -1 CONTRACT COMPLIANCE (ANTI -DISCRIMINATION REQUIREMENTS).................................................... CC -1 WAGETHEFT POLICY............................................................................................ WT -1 BIDDER STATUS FORM.......................................................................................... BF -1 CITY OF IOWA CITY GENERAL CONDITIONS... .................................................. 26 Pages CITY OF IOWA CITY SUPPLEMENTARY CONDITIONS ....................................... 6 Pages N O_ <F M Q� W 'ti F FEO TECHNICAL SECTIONS SEE SUDAS FOR ALL NECESSARY STANDARD TECHNICAL SECTIONS DIVISION 1 -GENERAL REQUIREMENTS Section 01100 Summary ................................................ DIVISION 2 - SITEWORK Section 02845 Limestone Outcrop Slabs .......................................... Section 02930 Plant Material and Planting ....................................... Section 02990 Site Furnishings and Equipment .............................. This project is based on 2017 Edition of The SUDAS Standard Specifications unless modified herein. In the event of a conflict the City of Iowa City's general conditions shall govern. ........ 01100-1 ........ 02845-1 ........ 02930-1 ........ 02990-1 O J L F- !dr- n M M �� Z W A ul N NOTICE TO BIDDERS RIVERFRONT CROSSINGS PARK- PHASE 2 PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 8`" day of August. 2017. 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 15'' day of August, 2017, or at special meeting called for that purpose. The Project will involve the following: This project includes site improvements for a nature play area within the currently under - construction Riverfront Crossing Park, park located at site at 1001 Clinton Street, Iowa City, Iowa. Scope of work includes installation of prefabricated play equipment; custom features utilizing salvaged material from a deconstructed railroad bridge and salvaged architectural stone arches; sidewalk installation; flagstone patio; seeding; planting; and other related site construction as indicated in the Plan Documents. All work is to be done in strict compliance with the plans and specifications prepared by Confluence of Cedar Rapids, 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 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. The City shall retain the bid security furnished by the successful bidder until the approved contract form has been executed, a bond has been filed by the bidder guaranteeing the performance of the contract, and the contract and bond have been approved by the City. The City shall promptly return the checks or bidder's bonds of unsuccessful bidders to the bidders as soon as the successful bidder is determined or within thirty days, whichever is sooner. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, �90 also protect and save harmless the City from all claims and damages of any kincgauseciZirectly or indirectly by the operation of the contract, and shall also guarantee the maftQjan�ffof then improvement for a period of five years U year(s) from and after its complgl(6 anTAormsi— acceptance by the City Council. o r <Fn -o m p; W msz AF -1 The following limitations shall apply to this Project: Working Days: Base Bid: 90 Working Days Specified Start Date: May 1't, 2018 Liquidated Damages: $500.00 (Five Hundred Dollars) per day Bidders are encouraged to Log On and register as a plan holder for this project at www.rai3idsrepro.com. Once bidder has completed registration, add www.rapidsreoro.com to company list of safe URL's. Once bidders have registered and logged on, bidders can access bidding documents at no charge. Bidding documents may be downloaded, viewed and printed from the website, www.rapidsrepro.com. Addenda and other project communications will be distributed to plan holders from Rapids Reproductions. Hard copies of the Bidding Documents may be obtained from: Rapids Reproduction, Inc., 415 Highland Ave. Iowa City, IA 52240, Phone: (319) 354-5950, FAX: (319) 354-8973. E-mail iowacityCilraoidsreoro.com. Refundable deposit in the amount of $50 is required for all hard copy sets. Plans must be returned in good order within 10 working days from date of bid letting to receive deposits back. 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 ob- tained from the Iowa Department of Inspections and Appeals at (515) 281-5796 and the Iowa Department of Transportation Contracts Office at (515) 239-1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Posted upon order of the City Council of Iowa City, Iowa. ro 0 JULIE VOPARIL, DEPUTY CITY CLERK o n '',. n >� z o r <m o 3 'a c11 N 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 .+a 0 O r C-) � � C-) o r F M o x w � r FORM OF PROPOSAL RIVERFRONT CROSSING PARK - PHASE 2 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. The basis of contract award, if awarded, will be the lowest responsive, responsible bidder of the base bid plus any or all add alternates that are determined to be in the best interest of the Owner. The Owner reserves the right to reject any and all bids. 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. FP -1 N 0 G �-� o r -< -<r -� M �x w N FP -1 OPINION OF PROBABLE CONSTRUCTION COST RIVERFRONT CROSSINGS PARK - PHASE 2 CONFLUENCE AND CITY OF IOWA CITY PREPARED BY - CONFLUENCE AND HR GREEN INC. Bid Form -612012017 N 0 ITEM NO. ITEM DESCRIPTION UNIT TOTAL UNIT TOTAL QUANTITY COST COST PHASE 2 - NATURE PLAY AREA -4 DIVISION 1 - GENERAL 1 TRAFFIC CONTROL LS 1 DIVISION 2 - EARTHWORK 2TOPSOIL, ON-SRE, 61NCH DEPTH (SPREAD) CY 1,900.00 3 COMPOST FOR TOPSOILAMENDMENT CY 30.00 4 lCOMPACTION TESTING LS 1 DIVISION 3 - TRENCH AND TRENCHLESS CONSTRUCTION 5 IGRANULAR BACKFILL CY 3.00 DIVISION 4 - SEWERS AND DRAINS 6 ISUBDRAIN, SOLID WALL, PVC 8" LF 132.00 DIVISION 6 -STRUCTURES FOR SANITARY AND STORM SEWERS 7 IINTAKE, CAST IRON DOMED NYLOPLAST OR EQUIVALENT 10" DIAMETER EA 1 DIVISION 7 - STREETS AND RELATED WORK 8 WALKWAY, PCC, 61NCH SY 598.00 9 SPECIAL SUBGRADE PREPARATION FOR WALKWAY SY 598.00 10 SUBBASE FOR LIMESTONE FLAGSTONE, 41NCH PCC ON TYP SUBGRADE SY 88.00 11 DRY STREAM CROSSING AT FLAGSTONE PATO, REINFORCED PCC FOOTINGS LS 1 12 PLAY EQUIPMENT FOOTINGS EA 12 DIVISION 9 -SITE WORK AND LANDSCAPING 13 CONVENTIONAL SEEDING, FERTILIZING AND MULCHING(SUDAS TYPE I) AC 0.30 14 CONVENTIONAL SEEDING AND MULCHING (CUSTOM NATIVE GRASS AND WILDFLOWER MIXTURE) AC 0.40 15 WATERING LS 1 16 TREES WITH WARRANTY, LARGE, OVERSTORY, B&B, 2" CALIPER EA 8 17 SHRUBS WITH WARRANTY, 5 GALLON EA 24 16 GRASSES WITH WARRANTY, i GALLON EA 447 FP -6 N 0 C -4 I'1T �uY FP -6 DIVISION 12 - SPECIALTY ITEMS C- 19 LIMESTONE BOULDERS OF VARIOUS SIZES TON 6.00 20 LIMESTONE NATURAL BED FLAGSTONE, 31NCH TON 0.70 21 ROUNDED RIVER ROCK, WASHED, 2 TO 61NCH DIAMETER TON 16.00 22 PLAYGROUND MULCH - ENGINEERED WOOD FIBER MULCH CY 410.00 23 PLAY SAND CY 22.00 24 LOG CLIMBING WEB - LARGE EA 1 25 LOG CLIMBING WEB - SMALL EA 1 26 DINOSUAR SKELETON RIB CAGE EA 1 1 27 LARGE STEPPER RUN EA 1 28 SMALL STEPPER RUN EA 1 29 RECLAIMED RAR BALANCE BEAM NEST LS 1 30 STEPPER ROCK CLIMBER EA 4 31 THE PEAK ROCK CLIMBER EA 1 32 THE POINTE ROCK CLIMBER EA 1 33 THE PINNACLE ROCK CLIMBER EA 1 34 RAILROAD TIE STEPPER MOUNDS EA 3 35 DRY STREAM BED FEATURE LS 1 36 HISTORIC SABIN ARCH POOL FEATURES EA 2 37 TUMBLE MOUND WRH TUNNEL AND TIMBERS EA 1 38 SQUARE POST BALANCE BEAMS EA 1 39 FALLEN TREE LOG SLIDE 8 TUNNEL EA 1 40 SEASHELL FOSSIL DIG EA 3 41 DINO FOSSIL DIG EA 2 42 RAILROAD TIE ZIPPER EA 1 43 24"HEAVY DUTY WHALE DRUMS EA 1 1 44 3(Y'HEAVY DUTY WHALE DRUMS EA 1 45 LOG CRAWL TUNNEL EA 2 46 LOG STEPPERS LS 1 47 ZIPLINE EA 1 48 COOLIE SWING EA 1 49 E)(PRESSION PARENT/CHILD SWING EA 1 50 CITY STANDARD BENCH EA 4 51CRY STANDARD RECEPTACLE EA 2 52 1 -BEAM BENCH EA 8 LEE TOTAL (PHASE 2 BASE BID AND NON -CONSTRUCTION COST) FP -7 C- N O _ 0 c IV m rn Ln IV FP -7 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: 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: _ N o 4 ti -�� o r z rn CDM U o .C- 40 40 FP -8 FiTray-ETO 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 Riverfront Crossinas Park — Phase 2 Project. NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, for (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified, and the Principal shall then furnish a bond for the Principal's faithful performance of said Project, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Project, as agreed to by the City's acceptance of said Bid, then this obligation shall be void. Otherwise this obligation shall remain in full force and effect, provided that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the amount of the obligation stated herein. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in the event that the Principal fails to execute the contract and provide the bond, as provided in the Project specifications or as required by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall in no way be impaired or affected by any extension of the time within which the Owner may accept such Bid or may execute such contract documents, and said Surety does hereby waive notice of any such time extension. The Principal and the Surety hereto execute this bid bond this day of , A.D., 20_ Witness �. G Witness' EM (Seal) Principal By o (Title) ]? �~ (S13) Surety 2-G =i N c r By c'a dAttorney-in Attach Power -of -Attorney (:) ` w cry Na FORM OF AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Iowa City, Iowa ("City"), and ("Contractor"). Whereas the City has prepared certain Plans, Specifications, Proposal and Bid Documents dated the day of , 2017, for the Riverfront Crossings Park — Phase 2 Project ("Project"), and Whereas, said Plans, Specifications, Proposal and Bid Documents accurately and fully describe the terms and conditions upon which the Contractor is willing to perform the Project. NOW, THEREFORE, IT IS AGREED: 1. The 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. This Agreement consists of the following additional component parts which are incorporated herein by reference: a. Addenda Numbers ; attach b. "Standard Specifications for Highway and Bridge Construction," Series of 2015, Iowa Department of Transportation, and Iowa Statewide Urban Design and Specifications (SUDAS), as amended; C. Plans; d. Specifications and Supplementary Conditions; e. Notice to Bidders; f. Note to Bidders; at 25 g. Performance and Payment Bond, v2 Z -� h. Contractor's Completed Bidder Status Form; attached her o r .41r* - -o rn i. Contractor's Completed Contract Compliance Program (!>8QiscrRininat oT :'4E; w Requirements); attached hereto j. Proposal and Bid Documents; and AG -1 k. This Instrument. The above components are deemed complementary and should be read together. In the event of a discrepancy or inconsistency, the more specific provision shall prevail. 3. The names of subcontractors approved by City, together with quantities, unit prices, and extended dollar amounts, are as follows (or shown on an attachment): Name: Quantity: Unit Price: $ Amnt: 4. Payments are to be made to the Contractor in accordance with the Supplementary Conditions. DATED this Ci day of Mayor ATTEST: i_ o ESE City Clerk z C7'[ �n N O r City Attorney's Offis®:X AG -2 20_ Contractor (Title) ATTEST (Title) (Company Official, o , C) Approved By: �� z C7'[ �n N O r City Attorney's Offis®:X Q w un 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 Riverfront Crossings Park — Phase 2 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 Confluence, 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 e'. Agreement, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Project in accordance with the terms and conditions of the Agreement, or �'N 2. Obtain a bid or bids for submission to Owner for completae�e Jojecrn accordance with the terms and conditions of the Agreement; an n Aermlp r. o tt tion by Owner and Surety of the lowest responsible bidder, arraTt for a con" rn between such bidder and Owner, and make available, as workadjgres36s (e® c� though there may be a default or a succession of defaults underfe Agreement or subsequent contracts of completion arranged under this paragraph),40sufficient funds to pay the cost of completion, less the balance of the Contract Price, but not PB -1 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 five 5 years from the date of formal acceptance of the improvements by the Owner. D. No right of action shall accrue to or for the use of any person, corporation or third party other than the Owner named herein or the heirs, executors, administrators or successors of Owner. IT IS A FURTHER CONDITION OF THIS OBLIGATION that the Principal and Surety, in accordance with provisions of Chapter 573, Code of Iowa, shall pay to all persons, firms or corporations having contracts directly with the Principal, including any of Principal's subcontrac- tors, all claims due them for labor performed or materials fumished in the performance of the Agreement for whose benefit this bond is given. The provisions of Chapter 573, 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 DAY OF 2017 IN THE PRESENCE OF: Witness (Principal) (Title) (Surety) Witness (Title) 0 (Street) C, c (City, State..Zip) ar e n C— N n -IA C f� =gym rn o= n= =C w 0 ry PB -2 Contract Compliance Program � r 1 AlFRIM CITY OF IOWA CITY3 -<r- m J � Y" F RM 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. All City contractors, vendors, and consultants with contracts of $25,000 or more (or less if required by another governmental agency) must abide by the requirements of the City's Contract Compliance Program. Emergency contracts may be exempt from this provision at the discretion of the City. Regardless of the value of the contract, all contractors, vendors, and consultants are subject to the City's Human Rights Ordinance, which is codified at Article 2 of the City Code. 3. Contracting departments are responsible for assuring that City contractors, vendors, and consultants are made aware of the City's Contract Compliance Program reporting responsibilities and receive the appropriate reporting forms. A notification of requirements will be included in any request for proposal and notice of bids. 4. 5. Prior to execution of the contract, the completed and signed Assurance of Compliance (located on pages CC -2 and CC -3) or other required material must be received and approved by the City. Contracting departments are responsible for answering questions about contractor, consultant and vendor compliance during the course of the contract with the City. All contractors, vendors, and consultants must refrain from the use of any signs or designations which are sexist in nature, such as those which state "Men Working" or "Flagman Ahead," and instead use gender neutral signs. All contractors, vendors, and consultants must assure that their subcontractors abide by the Cit/s Human Rights Ordinance. The City's protected Gasses are listed at Iowa City City Code seption 2-3-1. . C11 C=) 'W 17- C') 4. mgAasshcontractcompliance.doc CC -1 _ O SSI _O v C— C-) n _4 x r <r - m =C cri N SECTION II - ASSURANCE OF COMPLIANCE The following sets forth the minimum requirements of a satisfactory Equal Employment Opportunity Program which will be reviewed for acceptability. PLEASE RETURN PAGES 2 THROUGH 3 OF THIS SECTION TO THE CONTRACTING DEPARTMENT PRIOR TO THE EXECUTION OF THE CONTRACT. With respect to the performance of this contract, the contractor, consultant or vendor agrees as follows: (For the purposes of these minimum requirements, 'contractor" shall include consultants and vendors.) The contractor will not discriminate against any employee or applicant for employment and will take affirmative efforts to ensure applicants and employees are treated during employment without regard to their race, color, creed, religion, national origin, sex, sexual orientation, gender identity, disability, marital status, and age. Such efforts shall include, but not be limited to the following: employment, promotion, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation, and selection for training, including apprenticeship. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that it is an equal opportunity employer. Note: Contracts that are federally funded are subject to Executive Order No. 11246, as amended, and the regulations (see generally 29 U.S.C. § 1608 et seq.) and relevant orders of the U.S. Secretary of Labor. The Secretary of Labor, and not the City, enforces said regulations and orders. 3. Provide a copy of your written Equal Employment Opportunity policy statement. Where is this statement posted? 4. What is the name, telephone number and address of your business' Equal Employment Opportunity Officer? (Please print) Phone number Address 5. The undersigned agrees to display, in conspicuous places at the work site, all posMs required by federal and state law for the duration of the contract. NOTE: The City caeprovidMassistance in obtaining the necessary posters. $e f M S D � • 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 Signature Phone Number Title Print Name Date mgAassftontractcompliance.doc CC -3 N O Q J �<m O -v M O;a CJ ctt ref 2. 0 4. 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. 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. 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. RECRUITMENT (a) Let potential employees know you are an equal opportunity employer. This can be done by identifying yourself on all recruitment advertising as "an equal opportunity employer'. (b) Use recruitment sources that are likely to yield diverse applicant pools. Word-of-mouth recruitment will only perpetuate the current composition of your workforce. Send recruitment sources a letter annually which reaffirms your commitment to equal employment opportunity and requests their assistance in helping you reach diverse applicant pools. (c) Analyze and review your company's recruitment procedures to identify and eliminate discriminatory barriers. (d) Select and train persons involved in the employment process to use objective standards and to support equal employment opportunity goals. (e) Review periodically job descriptions to make sure they accurately reflect major job functions. Review education and experience requirements to make sure they accurately reflect the ^ requirements for successful job performance. (f) Review the job application to insure that only job related questions are asked. Ask yourself "is this information necessary to judge an applicant's ability to perform the job applied for?" Only use job-related tests which do not adversely affect any particular group of people. ft (g) Monitor interviews carefully. Prepare interview questions in advance to azure tathey are only ;.. job related. Train your interviewers on discrimination laws. Biased and ctjudgments in r personal interviews can be a major source of discrimination. (h) _ Improve hiring and selection procedures and use non -biased promoti2,-ffanefPr aining policies to increase and/or improve the diversity of your workforce rept�j nta ft%n. Cbmpanfes must make sure procedures for selecting candidates for promotion, it fer-Wd tMg are based upon a fair assessment of an employee's ability and work4rprd.:furth re, all companies should post and otherwise publicize all job promoitenal oportus and encourage all qualified employees to bid on them. ae 12/01 mgr\asst\contractcompliance.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. ' N (] �= v C c7 -E No r CY i r l► :�. cr- v cn CC -5 N O_ (] J C c7 -E No x v cn 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. Disabilities caused or contributed to by the employee's pregnancy, miscarriage, childbirth and recovery therefrom are, for all job related purposes, temporary disabilities and shall be treated as such under any health or temporary disability insurance or sick leave plan available in connection with employment or any written or unwritten employment policies and practices involving terms and conditions of employment as applied to other temporary disabilities. E. It shall be unlawful for any person to solicit or require as a condition of employment of any employee or prospective employee a test for the presence of the antibody to the human immunodeficiency virus. An agreement between an employer, employment agency, labor organization or their employees, agents or members and an employee or prospective employee concerning employment, pay or benefits to an employee or prospective employee in return for taking a test for the presence of the antibody to the human immunodefioiAncy virus, is prohibited. The prohibitions of this subsection do not apply if the state. epidemiologist determines and the director of public health declares through %kvtiliogion Mn guidelines established by the center for disease control of the United States de art t of --- health and human services, that a person with a condition related to acquirecn_b7i'murfe (� deficiency syndrome poses a significant risk of transmission of the human imdeficien� i virus to other persons in a specific occupation. s S r. x w F.- The following are exempted from the provisions of this section: v r 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. 943647, 11-8-1994) 5. The employment on the basis of sex in those certain instances where sex is a bona fide occupational qualification reasonably necessary to the normal operation of a particular business or enterprise. The bona fide occupational qualification shall be interpreted narrowly. (Ord. 03-4105,12-16-2003) 6. A state or federal program designed to benefit a specific age classification which serves a bona fide public purpose. (Ord. 94-3647,11-8-1994) 7. The employment on the basis of disability in those certain instances where presence of disability is a bona fide occupational qualification reasonably necessary to the normal operation of a particular business or enterprise. The bona fide occupational qualification shall be interpreted narrowly. (Ord. 03-4105, 12-16-2003) 8. Any employer who regularly employs less than four (4) individuals. For purposes of this section, individuals who are members of the employer's family shall not be counted as employees. (Ord. 08-4312, 8-11-2008) CC -7 v, es ;=Z `�. C:) c -n �C') rn o nc Ca Ln 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 legal counsel to formulate a policy which specifically meets the needs of your company. CC -8 'c9 Z5-' C-) ij M D , Tr o E r CC -8 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. II. Exceptions. The Wage Theft Policy does not apply to emergency purchases of goods and services, emergency construction or public improvement work, sole source contracts excepted by the City's purchasing manual, cooperative/piggyback purchasing or contracts with other governmental entities. III. Affidavit. The contracting entity must complete the attached affidavit showing compliance with the Wage Theft Policy and provide it to the Contracting Department prior to the execution of the contract. Contract provision: Any contract to which this policy is applicable will include the following contract provision: If the City becomes aware that a person or entity (including an owner of more than 25% of the entity) has admitted guilt or liability or been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repeated or willful violation of the Iowa Wage Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act or any comparable state statute or local ordinance, which governs the payment of wages, within the five (5) year period prior to the award or at any time after the award, such violation shall constitute a default under the contract. IV. Waivers. If a person or entity is ineligible to contract with the City as a result of the Wage Theft Policy it may submit a request in writing indicating that one or more of the following actions have been taken: a. There has been a bona fide change in ownership or control of the ineligible person or entity; b. Disciplinary action has been taken against the individual(s) responsible for the acts giving rise to the violation(s); G c. Remedial action has been taken to prevent a recurrence of the acts giving rise to the disqualification or r• - defiult7-, C O J F -d. Qther factors that the person or entity believes are relevant. DC -5 ? The City Manager or Designee shall review the documentation submitted, make any ingRriet d*ed fffssary, request additional documentation if warranted and determine whether a reduction ingrneli$,ab,ility dor waiver is warranted. Should the City Manager or Designee determine that a reduction offer Sithe i ability period is warranted the City Manager or Designee shall make such recommendation to 1ty Epuncil City Council will make a final decision as to whether to grant a reduction or waiver. -;> cn STATE OF M WAGE THEFT AFFIDAVIT ) ss: COUNTY ) upon being duly sworn, state as follows: 1. 1 am the [position] of ["contracting entity"] and have the authority to execute this affidavit on behalf of said contracting entity and any person or entity with an ownership interest in said contracting entity of more than 25%. 2. Neither [contracting entity] nor any person or entity with an ownership interest of more than 25% of said contracting entity has been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repeated or willful violation of the Iowa Wage Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act or any comparable state statute or local ordinance, which governs the payment of wages in the last 5 years. Signature This instrument was acknowledged before me by on 20 Notary Public in and forthe State of o_ L c r rn -v M � � 0 r co WT -2 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: Dates: / / to / / Address: You may attach additional sheet(s) if needed. City, State, Zip: To be completed by non-resident bidders Part C 1. Name of home state or foreign country reported to the Iowa Secretary of State: 2. Does your company's home state or foreign country offer preferences to bidders who are residents? ❑ Yes ❑ No 3. If you answered "Yes" to question 2, 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 knovdedge artd I know that my failure to provide accurate and truthful information may be a reason to reject my bid. .�c._5 c D� Z � N Firm Name: nye 5 , -<r M Date: m 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 CommissioneG 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 fled. ❑ Yes ❑ No My business is a limited partnership or limited liability limited partnership which has filed a certificate of limited partnership in this state, and has not filed a statement of termination. ❑ Yes ❑ No My business is a limited partnership or a limited liability limited partnership whose certificate of limited partnership is filed in a state other than Iowa, the limited partnership or limited liability limited partnership has received notification from the Iowa secretary of state that the application for certificate of authority has been approved and no notice of cancellation has been filed by the limited partnership or the limited liability limited partnership. ❑ Yes ❑ No My business is a limited liability company whose certificate of organization is filed in Iowa and has not filed a statement of termination. ❑ Yes ❑ No My business is a limited liability company whose certificate of organization is filed in a state other than Iowa, has received a certificate of authority to transact business in Iowa and the certificate has not been revoked or canceled. O --i r - -10 rn .—<r "x ca v .r can ARC 1271C LABOR SERVICES DIVISION[875] Adopted and Filed Pursuant to the authority of Iowa Code section 73A.21, the Labor Commissioner hereby adopts a new Chapter 156, "Bidder Preferences in Government Contracting," Iowa Administrative Code. This amendment adopts new rules concerning preferences for resident bidders on 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 9 1 C 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)•`6" was changed by deleting the phrase "under this Act." Subrule 156.2(3) was changed by adding new paragraph "k" concerning construction contractor registration, and by clarifying that compliance with only one of the lettered paragraphs in the subrule is necessary. Paragraph 156.2(4)"b" was changed by adding the phrase "if applicable." In rule 875-156.3(73A), the term "public body" replaced the term "nonresident bidder." 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 intent. No variance procedures are included in these rules because variance provisions are set forth in 875—Chapter 1. After analysis and review of this rule making, no impact on jobs has been found. These 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 proWdures for enforcement of the Act. The definitions and interpretations contained in Iowa Code sectUn 73A.21 shall be applicable to such terms when used in this chapter. o t Act"moans Iowa Code section 73A.21. O =+ 'Afliate, " when used with respect to any specified person or entity, means anoth ons entity that,. either directly or indirectly through one or more intermediaries, controls, or is c�trr led, or is— under common control or ownership with, such specified person or entity. =ic-y o r R • '"'Commissioner" means the labor commissioner appointed pursuant to Iowa COde�iO 2, cM C' the labor commissioner's designee. S "Division" means the division of labor of the department of workforce developmej*�� w Z' ut BF -3 �1 f "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 the dates on which the resident bidder conducted business at each office. In the case of a nonresident bidder, the statement shall require the nonresident bidder to identify the nonresident bidder's home state or foreign country as reported to the Iowa secretary of state, to identify each preference offered by the nonresident bidder's home state or foreign country, and to certify that, except as set forth on the form, there are no other preferences offered by the nonresident bidder's home state or foreign country. The statement shall include such additional information as requested by the commissioner. The statement must be signed by an authorized representative of the bidder. A fully completed statement shall be deemed to be incorporated by reference into all project bid specifications and contract documents with any bidder on a public improvement. Failure to provide the statement with the bid may result in the bid being deemed nonresponsive. This may result in the bid being rejected by the public body. 156.2(2) Determining residency status. a. For purposes of the Act, a person or entity is a resident bidder if the person or entity: (1) Is authorized to transact business in Iowa; and (2) Has had one or more places of business in Iowa at which it is conducting or has conducted business in this state for at least three years immediately prior to the date of the fust advertisement for the public improvement. !c _ If the person or entity is a resident of a state or foreign country that has a more sAgent defigition than is set forth in paragraph 156.2(2)"a" for determining whether a persota entity-il!t 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 authi& to ttsact� business in the state if one or more of the following accurately describes the person or ��� ) O r a. In the case of a sole proprietorship, the sole proprietor is an Iowa resident for 1�t'minc%e taxrn purposes; q70 M b. In the case of a general partnership or joint venture, more than 50 percent of the-Z*al JVners� or joi(it venture parties are residents of Iowa for Iowa income tax purposes; y' r tis BF -4 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 determine if a bidder has a place of business for transacting business within Iowa at which it is conducting and has conducted business for at least three years prior to the date of the first advertisement of the public improvement, the bidder shall meet the following criteria for the three-year period prior to the fust advertisement, for the public improvement: a. Continuously maintained a place of business for transacting business in Iowa that is suitable for more than receiving mail, telephone calls, and e-mails; and b. Conducted business in the state for each of those three years and filed an Iowa income tax return, if applicable, made payments to the Iowa unemployment insurance fund, if applicable, and maintained 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 wo d be a nonresident bidder if such parent were to bid on the public improvement in its ovwame, therftjue public body shall allow a preference as against such bidder that is equal to theefererM given or r, quired by the home state or foreign country of the bidder's parent. In the instanGffifL laLm forcM preference, a public body shall apply the same resident labor force preference to a pubRc i rovWhent t thisLstate as would be required in the construction of a public improvement by the hors e coreig!'�' country of the nonresident bidder, or the parent of a resident bidder if the parent vqualify as p�.. nonresident bidder if such parent were to bid on the public improvement in its own na' g 1 r f xr '^ `A preference shall not be applied to a subcontractor unless the home state or forej�Munsq of trite nonresident bidder to whom the contract was awarded would apply a preference to the)ftbcont"tor. An= Specific methods of calculating and applying a preference shall minor 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 ofwritten complaint form. The written complaint form shall be available in all division offices and on the department of workforce development's Internet Web site. 875-156.5(73A) Nonresident bidder record-keeping requirements. While participating in a public improvement, a nonresident bidder from a home state or foreign country with a resident labor force preference shall make and keep, for a period of not less than three years, accurate records of all workers employed by the contractor or subcontractor on the public improvement. The records shall include each worker's name, address, telephone number if available, social security number, trade classification, and starting and ending date of employment. 875-156.6(73A) Investigations; determination of civil penalty. The commissioner or an authorized designee shall cause an investigation to be made into charges of violations of the Act, including allegations set forth in a written complaint. 156.6(1) Investigative powers. The commissioner or the authorized designee shall have the following powers: a. Hearings. The commissioner may hold hearings and investigate charges of violations of the Act. b. Entry into place of employment. The commissioner may, consistent with due process of law, enter any place of employment to inspect records concerning labor force residency, to question an employer or employee, and to investigate those facts, conditions, or matters as are deemed appropriate in determining whether any person has violated the provisions of the Act. The commissioner shall only make an entry into a place of employment in response to a written complaint. C. Residency of workers. The commissioner may investigate and ascertain the resider of a worker engaged in any public improvement in this state. :d . Oaths; depositions; subpoenas. The commissioner may administer oaths, talaulto be. taUn deposition of witnesses, and require by subpoena the attendance and testimony of Nigae4sestaed the[- production of all books, registers, payrolls, and other evidence relevant to a matter unNtdWesNation or hearing. -Grrn "O e. Employment ofpersonnel. The commissioner may employ qualified personnel ®�R nece sary 0 for,the enforcement of Iowa Code section 73A.21. The personnel shall be employed6rsuanthe merit system provisions of Iowa Code chapter 8A, subchapter IV. mm 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 commissionermay 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 improvement, or the continuation of a public improvement. 156.7(2) Civil penalty. Any person or entity that violates the provisions of this chapter is subject to a civil penalty in an amount not to exceed $1,000 for each violation found in a first investigation by the division, not to exceed $5,000 for each violation found in a second investigation by the division, and not to exceed $15,000 for a third or subsequent violation found in any subsequent investigation by the division. Each violation of this chapter for each worker and for each day the violation continues constitutes a separate and distinct violation. In determining the amount of the penalty, the division shall consider the appropriateness of the penalty to the person or entity charged, upon determination of the gravity of the violation(s). The collection of these penalties shall be enforced in a civil action brought by the attorney 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—Y56.9(73A) Severability. If any rule under this chapter, any portion of a rule finder this chapter, or the i applicibility of any rule under this chapter to any person or circumstance is held invalid by�ourt, the remainder of these rules or the rules' applicability to other persons or circumstances shalC5t be afMted. '-These rules are intended to implement Iowa Code section 73A.21. t7 c [Filed 12/16/13, effective 2/12/14] n 0 [Published 1/8/141 --i .<r- ce -o M EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 1/8/14. � S J� W Cn BF -7 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 havethemeanings 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. Bid --The offer or proposal of a bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidding Documents --The Bidding Requirements and the proposed 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 authoriyes 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- . 1Claim--A demand or assertion by OWNER or t_ CONTRACTOR seeking an adjustment of Contract 1 )Pfice or Contract Times, or both, or other relief with _respect to the terms of the Contract. A demand for —respect er services by a third party is not a Claim. 11!'-Contraci--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 OWNEWs written approval of final payment. 15. CONTRACTOR --The individual or entity with whom OWNER has entered into the Agreement. 16. Cost of the Work --The sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. 17. Drawings --That part ofthe Contract Documents approved by OWNER which graphically 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 indica)_ed, it means the date on which the Agreement is signedOW delivered by the last of the two parties to Ft and doTiver. 19. Extra Work— Wor pr4ed for i1 the Contract as awarded or *VmW @Wntialriwthe. satisfactory completion of thi:'3pntradClind atithorized by OWNER.Cm _V . M •rr � 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 tern 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 individull.br entity having a contract with OWNER to furnish s&vices as OWNER's independent professional _.consultant.wi+,&Spect to the Project and who is ! tdentifieifds sL" in the Supplementary Conditions. 32. 9prtial Utilization -Use by OWNER of a Substantially completed part of the Work for the purpose I for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 2 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 examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 40. Shop Drawings --All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to OWNER to illustrate some portion of the Work. 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, gpdards, and workmanship as applied to--tbe WorTr and certain administrative details applicant 43. Subcontractor --An in vi lo tity h a direct contract with CONTRA otglth an Per Subcontractor for the performa!5p a part of thr..�(grk at the Site. =<m -p 1 s 44. Substantial CompletiommWe tir0dat whe Work (or a specified part there has prp�'essed to the point where, in the opinion of OWNER,ihe 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 furnish 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 Agreement 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 fiodifying the Contract Documents, signed by OWNER ,and CONTRACTOR on or after the Effective Date of the gkgr emedt and normally dealing with the non- engfneeridg or nontechnical rather than strictly fgnstruction-related aspects of the Contract Documents. 1.02 "Terminology. . A. Intent otj.'Certain Terms or Adjectives 1. Whenever in the Contract Documents the terms "as allowed;" "as approved," or terms of like effect or 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. B. Day 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, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "provide" 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 meaningMe used in the Contract Documents in accordance with;&ch recognized meaning. �' ARTICLE 2 - PRELIMINAR1111 TTS 2.01 Delivery of Bonds _17n M A:0 S A. When CONTRACTOB$E;liveW the Quted Agreement to OWNER, CONTRACTOR sjtdl also deliver to OWNER such Bonds as CONTRACTOR nay 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 &s miffing, reviewing, and processing such submittal;end rt 3. a sgbtdule of values for all of the Work which Includes quantities:and prices of items which when added tog4tther equal the Contract Price and subdivides the Work4nto component parts in sufficient detail to $gree as the basis for progress payments during Perfomiat�e of the Work. Such prices will include an apptopriaje Amount of overhead and profit applicable to each item W Work. C. Evidence oflnsurance: Before any Work at the Site is started, CONTRACTOR and OWNER shall each deliver to 4 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 2.05.11, 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 Docu- ments, at least ten days before submission of the first Application for Payment a conference attended by CON- TRACTOR, OWNER, and others as appropriate will be held to review for acceptability to OWNER as provided below the schedules submitted in accordance with paragraph 2.05.B. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until acceptable schedules are submitted to OWNER. 1. The progress schedule will be acceptable to OWNER if it provides an orderly progression 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. CONTRACTOWs 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. o ARTICLE 3 - CONTRACT �M%S: INNT, AMENDING, REUSE 3.O1 Intent --if .m -y M A. The Contract Documents"AmptiNhenta�hat is called for by one is as binding atca leder by a B. It is the intent of the Contract Docmnents 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 subcontractors, consultants, agents, or employees from those set forth in the Contract Documents, nor shall any such provision or instruction be effective to assign to OWNER, or any of its consultants, agents, or employees any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and 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. c B. ResolvingFbiscrepancies t. r4. Except as may be otherwise specifically stated in thsZontract Documents, the provisions of the Contract DMuttyyents shall take precedence in resolving any colLflidt, error, ambiguity, or discrepancy between the pr§Asions of the Contract Documents and: a. the provisions of any standard, specification, manual,rcode, or instruction (whether specifically 5 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 (ii) shall not reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project without written consent of OWNER or use of same on any other project. This prohibition will survive final payment, completion, and acceptance of the Work, or termination or completion of the Contract. Nothing herein shall preclude CONTRACTOR from retaining copies of the Contract Documents for record purposes. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. OWNER shall furnish 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 m r and pay for easements for permanent structures or pent changes in existing facilities. p . B. Upon reasonable written3t?4qWst,2DW fumish CONTRACTOR with a cwV' TgstaMct legal title and legal description o ds%ot Work is to be performed and OW�interest C. CONTRACTOR shall prov * allitior&LWds and access thereto that may be quired r temporary construction facilities or storage of material dequipment. Such additional land uses acquired by CON CTORshall 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 ofthe "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 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. 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 characterrprovided for in the Contract Documents; C,. then CONTRACTOR shall, promptly after becoming aware thefeof 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), notifyl OWNER in writing about such condition. C((MTRACTOR shall not further disturb such condition or pelform any Wo* -in connection therewith (except as afdnesaid) urltIreceiptof written order by OWNER to do so. B. OWA7�1? 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 is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of Article 9. 2. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated 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 CONTRACTOWs 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 made 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 or Indicated: The information and data shown or indicated in the Contract Doc um with respect to existing Underground Facilitiesat or co uous to the Site is based on information and da�nis to 1"ER by OWNERS of such Under lities, lading OWNER, or by others. Unl s lrlis erwis�;��r,• ressly provided in the Supplementar} dditiw: f — 1. OWNER shall not or completeness of any s , de forcuracy Mon oro; and W CA 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 d. the safety and protection of all Underground Facilities and repairing any damage thereto resulting from the Work; e. Notifying all utility companies, all pipeline owners, or 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 construction made 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 ofperforming any Work in connection therewith 1(,except in an emergency as required by paragraph U 16.A), identify OWNER of such Underground Facility and give written notice to that owner and to OWNER. 0NyNER40i I I 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 lluderground Facility. During such time, CONT%CTOR 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's judgment 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 or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by OWNER in the preparation of the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy ofthe "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, o*ions and information contained in such ports 696 shown or indicated in such drawings; oryc� L _ 3. any CONTRACTORc-juqrproRion 4br conclusion drawn from any "te l d9 or ar wh other data, interpretations, op.,,-- r inf rmat. n&1ey . C. CONTRACTOR shall no esplibleHazardous Environmental Condit co4pd or at the Site which was not shown or mdicatq& Drawings or Specifications or identified in the ContractQDcuments 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 to entitlement 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 ofor relating to a Hazardoul.Environmental Condition, provided that such HazardousLEnvironiiental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in W6 Contra4 Documents to be included within the scope of ttG Work, apd (iii was hot created by CONTRACTOR or by aayorr��ee for xyhom CONTRACTOR is responsible. Nothing in this paragraph 4.06.E;sball obligate OWNER to indemnify aar�fr nnlividu4'Ior eetity from and against the consequences of thy( 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 ofthem 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. 1. The provisions of paragraphs 4.02, 4.03, and 4.04 are not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds 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 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 ofparagmphs 5.0LB 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 amorized in the jurisdiction in which the Project isJocatedtissue Bonds or insurance policies for the limits-�ppverrrrrr������gggggges so M�y�yrred. Such surety and insurance corn BCshlso mettluch additional requirements and a ati as F be provided in the Supplementary r ni i 4Crn 5.03 Certificates oflnsurance ;GM _ ,q A. CONTRACTOR shall dv�r to with Supple - copies to each additional insure entifi 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, whether 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 under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims 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. 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 subcontractbrs of each and any of all such additional insureds, add the insurance afforded to these additional igsureds shall provide primary coverage for all claims covered thereby; • 2. include at least the specific coverages and be written for not lesi 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 CONTRACTOR may be correcting, removing, or replacing defective Work in accordance with paragraph 11.07. C. CONTRACTOR shall purchase as provided in the Supplementary Conditions, OWNER's and CONTRACTOR's Protective Liability Insurance from CONTRACTOR's sources as primary coverage for OWNER and OWNER'S Professional Consultant. 5.05 Acceptance ojBonds and Insurance; Option to Replace 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 of the 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 Q0 deductible amounts as may be provided i6hese S@tplementary Conditions or required by Laws Q"egions)'` is insurance shall: 2s _. • t 1. include the inte�r� O CONTRACTOR Subcoilafters, O�s Professional Consultants an ott�� per or entities identified in the SuppleMd1tior,47ch of whom is deemed to have igstilt yraW interdgr4nd shall be listed as an insured ordition*insured; tD 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- 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 commencerpept of Work. 6.02 LaboriWorkinjlfours A. CONTRACTOR shall provide competent, suitably qZ ified personnel to survey, layout, and construct the Work as recjuired (by the Contract Documents. CONTRACTOR sfyai� at all Rimes maintain good discipline and order at the Sr e. l' 1. B. Except as otherwise required for the safety or protection ofpersons 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, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by 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 requir6d` Unless the specification or description coplains or is followed by words reading that no like, e uuivalen� "or -equal" item or no substitution is permitted�ther itmAs of material or equipment or material or equip>��f�nf *r Supp�s may be submitted to OWNER for re�wMnd0the ciramtctances described below: C-)-< C 1. "Or -Equal" ItemrC� in-&WTsM sole discretion, an item ofmatet1qu?&that%%vkdand qul�entpia�p�s ed by CONTRACTOR is functio sufficiently similar so that changin related Work 10 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: a. in the exercise of reasonable judgment OWNER determines that: (i) it is at least equal in quality, durability, appearance, strength, and design characteristics; (ii) it will reliably perform at least equally well the function imposed by the design concept of the completed Project as a functioning whole, and b. 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 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 CON kACTOR's achievement of Substantial Completion on time, whether use of the proposed i Substitute item in the Work will require a change in any of the Contract Documents (or to the provisions of any other direct contract with OWNER for work on the.Project) to adapt the design to the proposed isubstitute 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, 11 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, technique, sequence, or procedure of construction approved by OWNER. CONTRACTOR shall submit sufficient information to allow OWNER, in OWNER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by OWNER will be similar to that provided in subparagraph 6.05.A.2. C. Owner's Evaluation: OWNER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.05.A and 6.05.13. 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 oth'�dividuals or entities to be submitted to O)U-tER idvance for acceptance by OWNER by a spAMfied deeprior to the Effective Date of the Agreement,"�,q��c�arO C IMas submitted a list thereof in accordan pp1cmpntary Conditions, OWNER's acceptanc62Rfer R7writin6"by failing to make written objection therdl by t[Plate t icated for acceptance or objection in the P*19De�men he Contract Documents) of any such S tramr, Supt'" or other individual or entity so identify bwvokel ahhe basis of reasonable objection ai a inveStl anon. CON- TRACTOR shall submit an acceptable replment 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 director indirect contract with CONTRACTOR. E. CONTRACTOR shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing 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 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, OWNEWs 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 anddamages caused by, arising out of, relating to, or resulting tram any of the perils or causes of loss covered by such polities and any other property insurance applicable to.the Work. If the insurers on any such policies require separate wa% forms to be signed by any Subcontractor or Supplier, CONTRACTOR will obtain the same. 6.07 Patent Fees and Royalties c._.. A. CO131RACTOR 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 12 any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. 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 or 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 of Bids, 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 CONTRACTOWs 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,Sc obligations under paragraph 3.03. r.a 0 6.10 Taxes p -.+ C7 C— A. CONTRACTOR shall p�aQtsal9conser. use, and other similar taxes requiredtto 4K pa"y C C - TOR in accordance with the Lamed Rggulati ns of the place of the Project which ar RP]ivle dr" the performance of the Work. ffTT1S s 6.11 Use of Site and Other Arer� Cil A. Limitation on Use of Site and Other Areas 1. CONTRACTOR shall confine construction equipment, the 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 construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility of r 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 of Debris During Performance ofthe Work During the progress of the Work CONTRACTOR shall keep 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 rec6rd copy of all Drawings, Specifications, Adddnda, Written Amendments, Change Orders, Work Chapge Directives, Field Orders, and written interpretations andlc9arifications in good order and annotated to show change's madeAuring construction. These record documents togeThcgwith gll approved Samples and a counterpart of all app5oved Shop Drawings will be available to OWNER and OMR, Professional Consultant for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to OWNER. 13 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 may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, 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 ofthe 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 13Mor 13.2, will constitute a transfer of this respcE5bility al;tcceptance of this responsibility by OWNER. Dg k T �• 6.14 Safety Representative w7-< N A. CONTRACTOR shall ate �a qual&and and experienced safety representative IIC6ite ose : responsibilities shall be the prev Iden the maintaining and supervising ty C%cam and programs. Jb �O 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 with Laws 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 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. SubmittaAProcedures 1. Before submitting each Shop Drawing or Sample, I CONTRACTOR -shall have: g.; determined and verified all field measurements; quantities, dimensions, specified ,. performance criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. determined and verified all materials with respect to intended use, fabrication, 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. OHWER'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. OWNER'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. OWNER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility fdf any variation from the require- ments of the Contract Doaaments unless CONTRACTOR has in uLdting owed OWNER's attention to each such var at tim ach submittal as required by ra 6.17and OWNER has given writte rovaW of esi.such variation by specific �. a �*twn Mreof incorporated in or accomparhhe Mop D tg or Sample approval; nor will a prevl by R relieve CONTRACTOR �3* ro'3Fonsibjliyy for complying with the requirenijag6f pawgraphb.D.1. F. Resubmittal Procedures 1. CONTRACTOR shall make corrections required by OWNER and shall return the required number of corrected 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 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 Fit 6. ani review and approval of a Shop Drawing or Samltle submittal Pr the issuance of a notice of Jaeptability by OWNER; i, 7. anyinspection, test, or approval by others; or 15 8. any correction of defective Work by OWNER. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regula- tions, CONTRACTOR shall indemnify and hold harmless OWNER, OWNER's Professional Consultant, and the officers, directors, partners, employees, agents, and 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 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 party 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 of their 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 C) A. OWNER may perform oier�woC rR4elaterl,tythe Project at the Site by OWNER'62 to , or her direct contracts therefor, or have �wofA'per fo�med by utility owners. Ifsuch otherwork otaijntheMact Documents, then written notice�ppof =1 be $iiiCj� to CONTRACTOR prior to starting*Ucl q`her w6ckJ 3> �D 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 employees) 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. 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 CONTRACTOWs 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. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 Furnish=Data rA. OWNER shall promptly furnish the data required of OWNER under the Contract Documents. 8.02 Pay Prohiptly When Due A. OWNER shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 12.02.0 and U.07.C. 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 CONTRACTOR's 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 oJFinancial 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 ojPayment A. CONTRACTOR. -shall accept the compensationn,, herein provided as full payment for furnishing all materiai l labor, tools, and equipment and for pe g all work:. under the Contract or any exten6n themamllowed under - Article 10; also, for all cost arr ome actux the elements or other natural eementl;� anti. performances, non-performance t�claysinvolther contractors and third parties, or.un ns o suits resulting therefrom, or from an eseen diffryl * s not otherwise provided for in the Co0trA0IIDor ents � bich may be encountered during pro n o e W up to the time of acceptance thereo c t dWage to ork due to acts of war. Nothing he shall j"and of itself be 16 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 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 ofthe 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 qason of subsistence and travel allowances, *"."J Lealth and welfare benefits, pension fund benefits, or other benefits, when the amounts are required by a collective bargaining agreement or other employment contract Cgenerally applicable to the classes of labor employed on the work. (3) An amount equal to 35 percent of the sum of the above items listed in (1) and (2) will also be paid to CONTRACTOR. The 35 percent shall cover compensation 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, timekeeper, or supervisor who is employed partly on force account work and partly on other work shall be prorated between two classes of work according to the number of persons shown by the payrolls as employed on each class of work. (6) For materials used on force account work, CONTRACTOR shall receive the actual cost of materials delivered on the work, including the freight and handling charges as shown by original receipted bills, to which cost shall be added a sum equal to 15 percent thereof. (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 shall be furnished to OWNM and one to CONTRACTOR. ms for Extra Work performed on a for ou `basis be submitted to O vin �plicate�ny receipts or statemen a ire y OVAifiiR to support such claimY be the eto. Such claims shall d no later the tenth day of the mowwl�itq� that n ich the work was act61 erfmied, —A—hall 17 ry - V w include all labor 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. C. Deficient Work Payment for work judged by OWNER to be deficient Work will be made at the reduced rate specified in the Contract Documents or, if no such rate is specified, at a modification of the Contract Price, as determined by OWNER. 9.03 Cancelled Work A. OWNER shall have the right to cancel any or all items from the Contract when unforeseen circumstances, unanticipated design changes, or other reasons beyond the control of CONTRACTOR prevent or unreasonably delay completion of the Contract or certain items of the Contract, or when OWNER determines that cancellation is in the public interest. 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., within 30 calendar days from the date of the request, OWNER will eliminate or minimize, if possible, the cause for the delay and issue a Notice to Proceed, redefine the basis on which the Work is to proceed, or cancel the Contract or phase of the Contract. F. CONTRACTOR shall not use delays that occur prior to starting Work or an identified phase of the Work as a basis of a claim ¢gains[ OWNER except for an extension of Contract perigid. Noticps described in this Article 9 shall be transmitted by ordinary mail. G. For fipished portions of non -major items cancelled, WNTI ACTOR 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 18 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 wan -anted. 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 tern 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 chan epAs in quantities and such alterations in the Work as ata necessary to satisfactorily complete the 7rj) ect. S;M changes in quantities and alterations will ali e the tact nor release the surety, and OR a to perform the Work as alteredCJ'< 2. If the alterations UKan s m q��{j}sties significantly changethech ftkWorkUt rthe Contract, whether such al s99r�``�hanQQe��rre in themselves significant ch s to tIt haracl!" bf the Work or, by affecting other work, cai&Gsuch other work to become significantly different -ill 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. 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 oforiginal 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.B is not given or, if after the notification is given, OWNER is not afforded the ability to keep strict account of actual costs as defined for force account construction, CONTRACTOR thereby agrees to waive the claim for extra compensation for this work. This notice by CONTRACTOR, and the fact that OWNER has kept account of the cost as aforesaid, shall not be construed as establishing the validity of the claim. The claim, when filed, shall be in writing and in sufficient detail to permit auditing and an intelligent evaluation by OWNER. The claim shall be supported by such documentary evidence as the claimant has available and shall be verified by Widavit of the claimant or other persons havingpwledge of the facts. If the claimant wishes an oppormnV to present the claim in person, then the claim shall be accompanied by a written request to do so. Where the claimant askslan opportunity to present the claim in person, OWNER within 39 calen0ar•days of the filing of the claim, will fix a)ilhe,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 complet- ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both 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 remedppr such delay. y 10.O5Delay Damages O::En T A. In no event shall 3> R e Iiaw- to CONTRACTOR, any SubcontraY plicMany other person or organization, or to rely for or caaaJayee or agent of any of them, for dm -,Ts aing olticir or resulting from: O X. 19 D 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. 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 and7nspections 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 perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by paragraphs 11.03.0 and 11.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 11.04.13 shall be paid as provided in said paragraph 11.04.B; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspectedytested, or approved by an employee or other representative.bf 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 "obtainingtand shall pay all costs in connection with any inspections, tests, or approvals required for OWNEWs acceptance of materials or equipment to be incorporated in the Work, or acceptance of materials, mix 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, he uncovered for observation. F. Uncovering Work as provided in paragraph 11.03.E shall be at CONTRACTOR's expense unless CON- TRACTOR 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 amount 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, replacement, 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 OWNER 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 ause for such;order has been eliminated. The ri of O�R, however, to stop the Work shall not give �ny� ny a part of OWNER to exercise [ ht Cir thenefit of CONTRACTOR any SubcY or, Sup any other individual or entity, or anyfo plor agent of any of them. rn (Tj 20 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, 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 damage to other Work resulting therefrom has been corrected or removed and replaced under this paragraph 11.07, the correction period hereunder with respect to such Work will be extended for an additional p&iod of one year after such correction or removal and replacethept has been satisfactorily completed. D. CONTRACTOR's obligations under this paragraph 11-.07 are in fiddition to any other obligation or warranty. The provislons ohl is paragraph 11.07 shall not be construed as a substitute for or a Waiver of the provisions of any applicable stitute 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 21 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 11.09 will 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 partiWwe unable to agree as to the amount of the adjust ;nt, OA=R may make a Claim therefor as provided in A Su laima, ts, losses and damages will include�t b�imited Mall costs of repair, or replacement of otlKy dest= or damaged by correction, remo+�r tcplace nt of CONTRACTOR's defective Work{m rn _ 't7 D. CONTRACTOR shall not weian exte�S'�t of the Contract Times because of anv�F av to oerfo ance of the Work attributable to the l ercise i9 OWNER of OWNER's rights and remedies under this s6ffon 11.09. ARTICLE 12 - PAYMENTS TO CONTRACTOR AND COMPLETION 12.01 Schedule of Values 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 CONTRACTOR's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications 1. OWNER will, within 10 days after receipt of each Application for Payment, indicate in writing 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" eorrections 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 OWNEWs knowledge, information and belief: a. the Work has progressed to the point indipated; ]i the quality of the Work is generally in accordance with the Contract Documents subject to: (i) aft evaluation of the Work as a functioning whole prior to of upon Substantial Completion, (ii) the 22 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 or tests, revise or revoke any such payment recommendation previously made to such extent as may be necessary to protect OWNER from loss because: a. the 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 Worker accordance with paragraph 11.09; or C� �. C d. OWNER has acffiaova%dge of the occurrence of any of th6 is 12ArmerfTPOin paragraph 13.02.A. --tc7 C. Payment Becomes Due p= 3 1. Twenty days after presettion ofjljE Application for Payment to OWNER, the amount wecome due, subject to the provisions of paragraph 12.02.1), and when due will be paid by OWNER to CONTRACTOR. D. Reduction in Payment 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 f ir- 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 incorporated in the Project or not, will pass to OWNER no later than the time of payment, free and clear of all Liens. 12.04 Substantial Completion A. WhencCONTRACTOR considers the entire Work ready for its `.Wtended .use, CONTRACTOR shall notify OWNER in *fiting that the entire Work is substantially co lgte (egcept for items specifically listed by COIURACTOR as incomplete) and request that OWNER issue certificbte of Substantial Completion. I �.; Promptly thereafter, OWNER and CONTRACTOR shall Oaa1ke an inspection of the Work to determine the status of cdWplletionx If OWNER does not consider the Work substantially com' plete, OWNER will notify CONTRACTOR in writing, gividg 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 agreed 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 CONTRACTO1Bas, ink opinion of OWNER, satisfactorily coryegd co ns identified during the final insotr as deli d, in accordance with the Contrlej gocu ts, alli*td- tenance and operating instruQpe� sciiaules, uaran- tees, Bonds, certificates or othgrr-idence of inp+yattce certificates of inspection, marlerekd dolulM ms (as provided in paragraph 6.1 an her nMary 23 r VJ ,,D 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 observation of the Work during construction and final inspection, and OWNER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, OWNER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, OWNER will, within ten days after receipt of the final complete Application for Payment, indicate in writing to CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 12.09.OWNER will otherwise return the Application for 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, aniwithout terminating the Agreement, make payment of the balance due for that portion of the Work fully cof¢nrpleted arld accepted. If the remaining balance to be held bylOWNER fgr Work not fully completed or corrected is less thf the retaiMe stipulated in the Agreement, and if Bonds have b$en famished a; iequired in paragraph 5.0 1, the written consent of the surety to the payment of the balance due for that dortion of the Work fully completed and accepted shall be submitted by CONTRACTOR to OWNER with the 24 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 CONTRACTOWs 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 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: L 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 6.04; 2. CONTRACTOR'S disregard of Laws or Regulations of any public body having jurisdiction; 3. CONTRACTOR's disregard of the authority of OWNER; or 4. CONTRACTOR's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the eve@5 identi= in paragraph 13.0LA occur, OWNER may, afiq— ng NT OR and the surety, if any, seven dayen ice, to ate: the services of CONTRACTO de NTRf49Z'OR from the Site, and take possessipfl th ork f"f all CONTRACTOR'S tools, applian patstru it n a ent, and machinery at the Site, and usla the $tlf ®stent, they could be used by CONTRAOIRR vJlFhout I�abiyty to CONTRACTOR for trespass or�bnverst Inco to in the Work all materials and equipfkcnt stordpt 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 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 he 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 fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. for reasonable expenses directly attributable to termination. B. CONTRACTOR shall not be paid on account of loss of anticipatedf)rofits or revenue or other economic loss ansPm out ofrar resulting from such termination. 13A3 CONTRACTOR May Stop Work or Terminate A� If, through no act or fault of CONTRACTOR, the W�ijc issuspended for more than 90 consecutive days by O Rorbnderanorderofcourtorotherpublicauthority, OWNER fails to act on any Application for Payment within 30 days after itis 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 last day of such period. If the last day of any such period falls on 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, indemnificatio warranties, and =ccordance guarantees made in, required by,ecgiven with the Contract Documents, as well on mg obli ations indicated in the Contract Do I survvfinal payment, completion, and accc the JWk or termination or completion of thi— Kerr. M._. 2 W 25 D r 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. 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 employment or refuse to hire any individual because of sex, race, color, religion, national origin, sexual orientation, gender identity, marital status, age, or disability unless such disability is related to the job performance of such performance or employee. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of sex, 10 race, color, religion, national origin, sexual orientation, gender identity, marital status, age or disability unless such disability is related to job performance of such person or employee. 15.08 Contract Compliance Program (Ami -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 ojNon-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 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. kkM•t r.. C) ''a `v J C T • . n "< No _ �GII',ti rn -v ac l; 10 race, color, religion, national origin, sexual orientation, gender identity, marital status, age or disability unless such disability is related to job performance of such person or employee. 15.08 Contract Compliance Program (Ami -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 ojNon-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 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. kkM•t N O C) ''a `v J C T • . n "< No _ �GII',ti rn -v ac � Y U1 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 -1.01.A DEFINED TERMS 31. OWNER's Professional Consultant Confluence, Inc., an Iowa Corporation, located at 900 2n4 St. SE, Suite #104, Cedar Rapids, IA 52401 will act as OWNER's Professional Consultant. 52. Engineer—HR Green, Inc., an Iowa corporation, located at 8710 Earhart Lane SW, Cedar Rapids, IA 52404. SC -2.02 COPIES OF DOCUMENTS A. After Notice of Award, CONTRACTOR may obtain, at no charge, maximum of five (5) complete, full-size sets of the Drawings listed in the project manual and five (5) sets of the Project Manual. 1. Additional copies of the Project Manual and half-size or full-size Drawings may be obtained under following conditions: a. Project Manual: (1) For each additional Project Manual requested and where such additional copies have already been printed, CONTRACTOR may purchase such at OWNER's reproduction cost plus a handling charge. (2) For each additional Project Manual requested that requires reprinting, CONTRACTOR may purchase such at the entire cost of such reprinting. (3) Partial sets of project manuals will not be provided. b. Half-size Drawings: (1) For each set of half-size Drawings requested and where such copies have already been printed, CONTRACTOR may purchase such at OWNER's reproduction cost plus a handling charge. (2) For each set of half-size Drawings requested that requires reprinting, CONTRACTOR may purchase such at the entire cost of such reprinting. C. Full-size Drawings: (1) For each additional set of full-size Drawings and where such additional copies have already been printed, CONTRACTOR may purchase said additional sets at OWNER's reproduction cost plus a handling charge per set. (2) for each additional set of full-size Drawings requested that requires reprinting, CONTRACTOR may purchase such at OWNER's reproduction cost plus a handling charge. B. Any revised Drawings and Project Manuals will be provided by OWNER to show�vthorized changesoF Extra Work under following conditions: -, 1. Project Manual: Furnished at no charge, in same quantity as original icer 2. Full-size Drawings: S?� x ' r a. One revised, complete set of full-size Drawings will be issued at nm*%Kga Meach- size set originally issued and for each full-size set purchased by (;gkffRA9rOR jftter i Notice of Award, up to a maximum of four (4) additional copies. ;< b. One full-size reproducible set will be issued to accommodate fifth bsAuent purchased by CONTRACTOR. CONTRACTOR shall use reprod setdgcom printing for additional Drawings in its possession. D 3. Half-size Drawings: Furnished at OWNER's reproduction cost plus handling charges. SC -4.02, SUBSURFACE AND PHYSICAL CONDITIONS In the preparation of Drawings and Specifications, OWNER or OWNER'S Professional Consultant relied upon the following reports of explorations and tests of subsurface conditions at the Site: DRAWINGS OF PHYSICAL CONDITIONS: 1. As -Built Record Drawings dated March 6' , 1996 for the CITY OF IOWA CITY, IOWA, SLUDGE FORCE MAIN project prepared by the City of Iowa City. 2. As -Built Record Drawings dated March, 1998 for the WASTEWATER TREATMENT AND COLLECTION FACILITY IMPROVEMENTS, CITY OF IOWA CITY, CONTRACT 1, SOUTH RIVER CORRIDOR AND INTERCEPTOR AND RELIEF SEWERS project, prepared by Stanley Consultants. 3. As -Built Record Drawings dated December 31, 2014 for the CITY OF IOWA CITY, IOWA, WASTEWATER TREATMENT FACILITIES CONSOLIDATION PROJECT, prepared by Stanley Consultants. 4. As -Built Record Drawings dated October 5"1, 2015 for the IOWA CITY WASTEWATER TREATMENT PLANrRELOCATION PROJECT, NORTH PLANT SALVAGE AND DEMOLITION PHASE, prepared by Viet and/or Strand Associates. REPORTS OF SUBSURFACE PHYSICAL CONDITIONS: 1. Location map and record logs of historical soil borings prepared March, 2-14 by Terracon. 2. Report Dated Oct 6, 1994 titled Phase II Subsurface Exploration. 3. Geotechnical Evaluation Report dated March 8'^, 2017 for HR Green, Inc. Proposed Riverfront Crossings Parks, US Highway 6, Iowa City, Iowa, prepared by Braun Intertec. (This report is included in the Contract Documents) REPORTS OF HAZARDOUS ENVIRONMENTAL CONDITIONS: 1. Report dated Oct 26, 2004 tilted Tier 2 Site Cleanup Report. 2. Report dated May 4, 2012 titled Certificate of No Further Action. 3. Report dated Sept. 3, 2013 titled Iowa City North WWTP Environmental Investigations. 4. Report dated Jan 9, 2015 titled Asbestos Abatement and Hazardous Materials Removal Project. 5. Report dated April 8, 2015 titled North Plant Salvage and Demolition Phase, Trickling Filter Mercury Abatement, Iowa City Wastewater Treatment Plant Relocation Project. Copies of these reports and drawings that are not included with Bidding Docume* may be examined at office of Iowa City Public Works Department, City Hall, 410 East Washiran Street, Iowa City, Iowa during regular business hours or may be obtained from 09NER arCWN reproduction cost plus handling charge. These reports and drawings are no of ft Contr Documents, but the'technical data" contained therein upon which CONT R %y rel identified and established above are incorporated therein by reference. C® (�R i no entitled to rely upon other information and data utilized by OWNER and OWIs Professi Consultant in the preparation of Drawings and Specifications. r -n 7. w T � 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 The limits of liability for the insurance required by section 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Workers' Compensation, and related coverages under paragraphs 5.04.A.1 and A.2 of the General Conditions: a. State: Statutory b. Applicable Federal (e.g., Longshoreman's): Statutory C. Employer's Liability: $1,000,000 2. CONTRACTOR's General Liability under paragraphs 5.04.A.3 through A.6 of the General Conditions which shall include completed operations and product liability coverages: a. General Aggregate $2,000,000 b. Products—Completed Operations Aggregate $2,000,000 c. Personal and Advertising Injury $1,000,000 d. Each Occurrence (Bodily Injury and Property Damage) $1,000,000 e. Property Damage liability insurance will provide Explosion, Collapse and Underground coverages where applicable. f. Excess or Umbrella Liability: General Aggregate Each Occurrence $9,000,000 $9,000,000 3:Automobile Liability under paragraph 5.04.A.6 of the General Conditions: a. Bodily injury and Property Damage: Single Combined Limit $1,000,000 v 4. OWNER's and CONTRACTOR's Protective Liability Insurance p4 -Qt t�paragm" 5.04.0 of the General Conditions:- 4 N General Aggregate $1a. op r _ r -n -v M Each Occurrence $1 �,4400?c t 3 w The Contractual Liability coverage required by 5.04.13.4 of the General Conditions shall provide coverage for not less than the following amounts: General Aggregate $2,000,000 Each Occurrence (Bodily Injury and Property Damage) $1,000,000 In addition, 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 in the Certificate of Insurance, must, underthe policy, be available to pay damages for which the insured CONTRACTOR becomes liable, or for which the insured assumes liability under the indemnity agreement herein contained, and such coverage amount shall not be subject to reduction or set off by virtue of investigation or defense costs incurred by CONTRACTOR's insurer. The entire amount of CONTRACTOR's liability insurance policy coverage limits shall be payable by CONTRACTOR's insurer, with no deductible to be paid by, or self-insured retention to be attributed to, CONTRACTOR unless this requirement is waived by OWNER. CONTRACTOR's Certificate of Insurance must set forth the nature and amount of any such deductible or self-insured retention. If CONTRACTOR's liability insurance coverage is subject to any special exclusions or limitations not common to the type of coverage being provided, such exclusions or limitations shall be noted on the Certificate of Insurance. CONTRACTOR'S General Liability, Auto Liability and Workers' Compensation insurance shall be endorsed with the Governmental Immunities Endorsement (see attached copy) and Waiver of Subrogation in favor of the OWNER. CONTRACTOR'S Workers' Compensation insurance shall also be endorsed with the Alternate Employer endorsement naming the OWNER as the Alternate Employer. The OWNER requires thatthe CONTRACTOR'S Insurance carrier be A rated or better by A.M. Best. CONTRACTOR shall provide OWNER with "occurrence form" liability insurance coverage. OWNER reserves the right to waive any of the insurance requirements herein provided. OWNER also reserves the right to reject CONTRACTOR's insurance if not in compliance with the requirements herein provided, and on that basis to either award the contract to the next low bidder, or declare a default and seek specific performance or termination, as the case may be. In the event that any of the policies of insurance or insurance coverage identified on CONTRACTOR's Certificate of Insurance are cancelled or modified, or in the event that CONTRACTOR incurs liability losses, eitherdueto activities underthis Contract, ordue to otheractivities not underthis Contract but covered bythe same insurance, and such losses exhaust the aggregate limits of CONTRACTOR's liability insurance, then OWNER may, in its discretion, either suspend CONTRACTOR's operations or activities underthis Contract, or terminate this Contract, and withhold payment for Work performed on the Contract. ro 0 In the event that any of the policies or insurance coverage identified on CONT OR's cgrtificate of Insurance are cancelled or modified, then OWNER may, in its discretion either suspe KNI�4 CTOfn operations or activities under this Contract or terminate this Contract and withhol Z ne�for Vda&6 performed on the Contract. SC -5.06 PROPERTY INSURANCE 1 n ( Delete paragraphs 5.06.A. and 5.06.8. of the General Conditions in their ant�nd.#sert t efollowingeintheir place: D A. OWNER will purchase and maintain property insurance upon the Work at the Site in the i amount of the full replacement cost thereof, subject to such deductible amounts provided in the Supplementary Conditions or required by Laws and Regulations. This insurance shall: C! 1. include the interests of OWNER, CONTRACTOR, Subcontractors, OWNER's Professional Consultant, and any other individuals or entities identified the Supplementary Conditions, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an additional insured; 2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, and such other perils or causes of loss; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. include $1,000,000 for materials and equipment stored at the Site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by OWNER; 5. allow for partial utilization of the Work by OWNER; 6. include testing and startup; and 7. be maintained in effect until final payment is made. B. OWNER will purchase and maintain such boiler and machinery insurance which shall specifically cover such insured objects or additional property insurance as may be required by Laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors, OWNER's Professional Consultant, and any other individuals or entities identified in Section of the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with section 5.06 will contain a provision or endorsement that the coverage afforded will not be cancelled or materially changed or renewal refused until at least 30 days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions. t, D. CONTRACTOR shall be responsible for any deductible amounts. rt " E. If CONTRACTOR requests in writing that other special insurance be included in the property jpsurance policies provided under section 5.06, OWNER shall, if possible, include such insurance, ii rand the cost thereof will be charged to CONTRACTOR by appropriate Change Order or Written (Tj Amendment. Priorto commencement of the Work at the Site, OWNER shall advise CONTWTOR in writing whether such other insurance has been procured by OWNER. _, c O2 C SC�P6.B. CONCERNING SUBCONTRACTORS, SUPPLIERS, AND OTHERS x CONTRACTOR shall list those persons, firms, companies or other parties to whommpwode hnteK to enter into a subcontract regarding this Project as required on the Bid Form and the mot. SL identification will not be made public at the bid opening. If no minority business enterprises) alNutiliz CONTRACTOR shall furnish documentation of all efforts to recruit MBE's. OWNER's aciAMnc*.4eitheW writing or by failing to make written objection thereto by the date indicated for acceptancew objeclon 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 Orderwill 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 -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 W N O OC `y J G —i Z �m rn v x T> ut ( "_ W Iowa City # 16-97 Confluence No. 15106-2 SECTION 01100 SUMMARY PART 1 GENERAL 1.01 SECTION INCLUDES A. Project Information. B. Contract Description. C. Commencement of the Work. D. Owner Occupancy. E. Contractor Use of Site and Premises. F. Layout of the Work. G. Work Sequence. H. Permits, Fees and Notices. 1.02 PROJECT INFORMATION Riverfront Crossings Park — Phase 2 City of Iowa City, Iowa A. Project Name: Riverfront Crossings Park— Phase 2 Project B. Owner's Name: City of Iowa City 1. Address: 410 E. Washington Street, Iowa City, IA 52245 2. Telephone: 319-356-5010 3. Fax: 319-356-5009 C. The Project consists of: This project includes site improvements for a nature play area within the currently under -construction Riverfront Crossing Park, park located at site at 1001 Clinton Street, Iowa City, Iowa. Scope of work includes installation of prefabricated play equipment; custom features utilizing salvaged material from a deconstructed railroad bridge and salvaged architectural stone arches; sidewalk installation; flagstone patio; seeding; planting; and other related site construction as indicated in the Plan Documents. 1.03 CONTRACT DESCRIPTION A. Contract Type: A single prime contract based on a Stipulated Price as described in Form of ,Agreement. 1.04 QUALITY ASSURANCE A. Supervision and Superintendent: 1. The Contractor or competent Superintendent must be on the Project when construction activities are taking place. The Superintendent shall supervise, direct, and control the Contractor's operations, personnel, work and the Subcontractor's operations. The Contractor shall give the Owner and Engineer written notification of the name of the Superintendent. The Superintendent shall be employed by the General Contractor and shall be assigned to the project full-time. The Superintendent shall be incidental to mobilization. A copy of the Drawings and Specifications shall be available on the project site at all times. e 2. Contractor shall maintain a qualified and responsible person available :�;Shours per day seven days per week to respond to emergencies which may occur afterifoMs. � Contractor shall provide to Engineer the phone number and/or paging seNiee o is —� individual. c-)-< " 3. Incompetent or incorrigible employees shall be dismissed from Work b'r,�aRrac?or or its representative when requested by Engineer, and such persons shall noEdgain big ' ' 1 permitted to return to Work without written consent of Engineer. Q a r SUMMARY 01100-1 Iowa City # 16-97 Confluence No. 15106-2 1.05 COMMENCEMENT OF THE WORK Riverfront Crossings Park — Phase 2 City of Iowa City, Iowa A. The Contractor shall not commence Work nor allow Subcontractors or Sub -subcontractors to commence Work until: 1. The Agreement has been fully executed. 2. The Owner has approved the Contractor's Performance and Maintenance and Payment Bonds. 3. The Owner has approved evidence of the Contractor's Liability Insurance and other insurance required to be purchased by the Contractor. 4. The Engineer, on behalf of the Owner, has issued a Notice to Proceed. 5. Coordination with Phase 1 contractor has occurred. 1.06 OWNER OCCUPANCY A. The Owner shall have the right to take possession of and use any completed or partially completed portions of the Work, notwithstanding the time for completing the entire work or such portions as may not have expired; but such taking, possession and use shall not be deemed an acceptance of any Work not completed in accordance with the Contract Documents. 1. If such prior use increases the cost of, or delays the Work, the Contractor shall be entitled to such extra compensation or extension of time, or both, as the Engineer may determine. B. Owner intends to continue to occupy adjacent portions of the existing building during the entire construction period. 1. Treatment plant must be maintained in operation throughout the entire construction period, with planned and scheduled shutdowns for connections, cut -ins, changeovers, etc. C. Cooperate with Owner to minimize conflict and to facilitate Owner's operations. D. Schedule the Work to accommodate Owner occupancy and operations. E. Continuity of treatment system operation. 1. Conduct work in a manner that avoids interruption of effective treatment system operation. 2. Prevent the bypass of untreated wastewaters to surface water or drainage ways. Accidental bypasses caused by Contractor's work activity will entitle Owner to: a. Employ others to stop bypassing without giving notice to Contractor. b. Recover from the Contractor all costs incurred by the Owner as a result of the bypass, including labor, materials, services, legal fees, regulatory penalties, and other related expenses. •• 3. Submit with the Construction Schedule a detailed outage plan and schedule fdAach x1.08 LAYOUT OF THE WORK ( A. The Owner shall provide information to the Contractor regarding bench marks for the project. The Contractor shall be responsible for all detailed construction staking. SUMMARY 01100-2 system component. Indicate how effective wastewater system operahen will be o :. maintained. n Z _ 1.07 CONTRACTOR USE OF SITE AND PREMISES 0_4 N r A. Construction Operations: Limited to areas noted on Drawings. �� O rn B. Limit use of site and premises to allow: 0 0 1. Work by Others. 2. Work by Owner. oe R 3. Use of site and premises by the public. Ln C. All City properties are tobacco free, and policy will be enforced. ., D.: Provide access to and from site as required by law and by Owner. .r E. Emergency Building Exits During Construction: Keep all exits required by code open during construction period; provide temporary exit signs if exit routes are temporarily altered. x1.08 LAYOUT OF THE WORK ( A. The Owner shall provide information to the Contractor regarding bench marks for the project. The Contractor shall be responsible for all detailed construction staking. SUMMARY 01100-2 Iowa City # 16-97 Confluence No. 15106-2 1.09 WORK SEQUENCE Riverfront Crossings Park - Phase 2 City of Iowa City, Iowa A. Construct Work in stages to accommodate Owner's occupancy and operational requirements during the construction period. Coordinate construction schedule and operations with Owner. B. All portions of work under the proposed Contract Documents shall be completed and ready for operation on or before the date set forth in the Notice of Hearing and Letting. Provisions for liquidated damages are set forth in the Agreement. C. The Contractor shall schedule Work so that interruption of existing utilities, including but not limited to: electric, telephone, communication, cable, gas, water, and sewer service will be at a minimum. When it is necessary to interrupt services, the Contractor shall notify the Owner's representative, Engineer, and appropriate utility companies twenty-four (24) hours in advance of the interruption. D. Plan the construction work and carry out with a minimum of interference with the operation of the existing facilities. Prior to starting the construction, confer with the Engineer and Owner's representative and develop a detailed, approved construction schedule which will permit the facilities to function as normally as practical during the construction period. It will be necessary to do certain parts of the construction work outside normal working hours and on Sundays in order to avoid undesirable conditions, and it shall be the obligation of the Contractor to do this work at such times at no additional cost to the Owner. Do not make connections between existing piping and new piping until necessary inspection and tests have been completed on the new work and it is found to conform in all respects to the requirements of the drawings and specifications. E. Special notes detailing critical portions of the work involving removal, replacement, tie-in, changeover, etc. have been included in the drawings and the Work Sequence of this Section. These notes describe the work, timing, scheduling, and coordination with the Owner and Engineer necessary to complete the work. The detailed construction schedule shall be developed by the Contractor with consideration of these details and the overall progress of the work. The Engineer and Owner shall have full authority to review this schedule in order to protect the operation of the existing facilities during construction. 1.10 PERMITS, FEES AND NOTICES A. The Contractor shall secure and pay for all permits and governmental fees, licenses and inspections for the proper execution and completion of the Work which are customarily secured after execution of the Contract and which were legally required at the time bids were received. City building permits and inspections are required, but the permit fees will be exempted. 1.11 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 may be affected by the Work; 2. All the work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. Other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. N B. Contractor shall comply with all applicable Laws and Regulations relating to fhe safeg& persons or property, or to the protection of persons or property from damag �oss; -n and shall erect and maintain all necessary safeguards for such safety and p -E ns Contractor shall notify owners of adjacent property and of Underground Faci' 'ncWher utility owners when prosecution of the Work may affect them, and shall coopgq%wittphem the protection, removal, relocation, and replacement of their property. _.{ rr- -v , ' 1 C. All damage, injury, or loss to any property caused, directly or indirectly, in why in:drt, b)a Contractor, any Subcontractor, Supplier, or any other individual or entity direct(�T in&*ctly v F - SUMMARY 01100-3 Iowa City # 16-97 Riverfront Crossings Park — Phase 2 Confluence No. 15106-2 City of Iowa City, Iowa 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 or Engineer or anyone employed by any of them, or anyone for whose acts any of them 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). D. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). PART 2 PRODUCTS - NOT USED PART 3 EXECUTION - NOT USED END OF SECTION J �4- o 6 3:0 o i_ SUMMARY 01100-4 Iowa City # 16-97 Confluence No. 15106-2 SECTION 02845 Riverfront Crossings Park — Phase 2 City of Iowa City, Iowa LIMESTONE OUTCROP SLABS PART 1 —GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions, apply to this Section. B. Comply with SUDAS Division 1 — General Provisions and Covenants. 1.02 SUMMARY A. This Section includes further information and requirements for the Limestone outcrop slabs specified throughout the project. 1.03 SUBMITTALS A. Contractor shall submit physical samples and manufacturer specification sheets to the Owner or Owner's representative prior to approval and installation of the Limestone Outcrop Slabs. B. Comply with SUDAS Division 1 — General Provisions and Covenants. 1.04 QUALITY ASSURANCE A. Comply with SUDAS Division 1 — General Provisions and Covenants. 1.05 SPECIAL REQUIREMENTS A. None. 1.06 MEASUREMENT AND PAYMENT A. Limestone Outcrop Slabs: a. Measurement: Measurement will be per ton of limestone slabs installed according to plan documents. b. Payment: Payment will be unit price for the slabs. c. Includes: Unit price includes, but is not limited to, all labor, materials and incidentals necessary to furnish and place the limestone according to contract documents. N o_ PART 2 — PRODUCTS �n C ■ 1 2.01 MATERIALS 3> Z C.) N A. Limestone furnished by the Contractor for the project shall comply with the-" �rrt in? rn requirements. "a E) v CA 0 LIMESTONE OUTCROP SLABS 02845-1 Iowa City # 16-97 Confluence No. 15106-2 Riverfront Crossings Park — Phase 2 City of Iowa City, Iowa Parameter and/or Testing Procedure Acceptable Value Type/Classification Class 2 medium density dolomitic limestone Average Adsorption, ASTM C97 Less than 8% Average Bulk Specific Gravity, ASTM C97 Average density, ASTM C97 2.10 or greater At least 130 lbs/cubic foot Compressive Strength, ASTM C-170 At least 10,000 psi (average) Modulus of Rupture, ASTM C-99 At least 1,000 psi (average) Flexural Strength, ASTM C-880 At least 900 psi (average) Pre -approved products "Outcropping" stone by Weber Stone Company of Anamosa, Iowa or engineer approved equal PART 3 — EXECUTION 3.01 GENERAL REQUIREMENTS A. Avoid damaging limestone slabs; limestone damaged by the Contractor's operations will be replaced by the Contractor at his/her own cost. B. Follow limestone supplier's recommendations, if any, for delivery, handling, storage and placement. END OF SECTION LIMESTONE OUTCROP SLABS 02845-2 ro o_ d � _T1 �= C-) a r m rn . 'P, cA 0 LIMESTONE OUTCROP SLABS 02845-2 Iowa City # 16-97 Riverfront Crossings Park — Phase 2 Confluence No. 15106-2 City of Iowa City, Iowa SECTION 02930 PLANT MATERIAL AND PLANTING PART1GENERAL 1.01 SECTION INCLUDES A. Provide all labor, materials, equipment and supervision required for the installation of all proposed plant material. 1.02 RELATED REQUIREMENTS A. Comply with SUDAS Specifications. 1.03 SUBMITTALS A. Product Data: For each type of product indicated. 1. Plant Materials: Include quantities, sizes, quality, and sources for plant materials 2. Plant Photographs: Include color photographs in digital format of each required species and size of plant material as it will be furnished to the Project. Take photographs from an angle depicting true size and condition of the typical plant to be furnished. Include a scale rod or another measuring device in each photograph. For species where more than twenty (20) plants are required, include a minimum of three photographs showing the average plant, the best quality plant, and the worst quality plant to be furnished. Identify each photograph with the full scientific name of the plant, plant size, and name of the growing nursery. B. Samples for Verification: For each of the following: Organic Mulch: 1 -quart volume of each organic mulch required; in sealed plastic bags labeled with composition of materials by percentage of weight and source of mulch. Each sample shall be typical of the lot of material to be furnished; provide an. accurate representation of color, texture, and organic makeup. C. Maintenance Instructions: Recommended procedures to be established by Owner for maintenance of plants during a calendar year. Submit before start of required maintenance periods. 1.04 DEFINITIONS A. Backfill: The earth used to replace or the act of replacing earth in an excavation. B. Balled and Burlapped Stock: Plants dug with firm, natural balls of earth in which they were grown, r. with ball size not less than sizes indicated; wrapped with burlap, tied, rigidly supported, and drum laced with twine with the root flare visible at the surface of the ball as recommended by ANSI Z60.1. C. Balled and Potted Stock: Plants dug with firm, natural balls of earth in which they are,ggown and �< placed; unbroken, in a container. Ball size is not less than sizes indicated. c O� C -)C D. Container -Grown Stock: Healthy, vigorous, well -rooted plants grown in a cog4r, 1 a WE - established root system reaching sides of container and maintaining a firm ball cog4r, reraDved fUM' container. Container shall be rigid enough to hold ball shape and protect root ma4r turir%shipM and be sized according to ANSI Z60.1 for type and size of plant required. M x 0 PLANT MATERIAL AND PLANTING 02930-1 Iowa City # 16-97 Confluence No. 15106-2 Riverfront Crossings Park — Phase 2 City of Iowa City, Iowa E. Duff Layer: The surface layer of native topsoil that is composed of mostly decayed leaves, twigs, and detritus. F. Finish Grade: Elevation of finished surface of manufactured soil. G. Manufactured Soil: Soil produced off-site by homogeneously blending mineral soils or sand with stabilized organic soil amendments to produce topsoil or planting soil. H. Pesticide: A substance or mixture intended for preventing, destroying, repelling, or mitigating a pest. This includes insecticides, miticides, herbicides, fungicides, rodenticides, and molluscicides. It also includes substances or mixtures intended for use as a plant regulator, defoliant, or desiccant. I. Pests: Living organisms that occur where they are not desired, or that cause damage to plants, animals, or people. These include insects, mites, grubs, mollusks (snails and slugs), rodents (go- phers, moles, and mice), unwanted plants (weeds), fungi, bacteria, and viruses. J. Planting Area: Areas to be planted. K. Plant; Plants; Plant Material: These terms refer to vegetation in general, including trees, shrubs, vines, ground covers, ornamental grasses, bulbs, corms, tubers, or herbaceous vegetation. L. Root Flare: Also called "trunk flare." The area at the base of the plant's stem or trunk where the stem or trunk broadens to form roots; the area of transition between the root system and the stem or trunk. M. Stem Girdling Roots: Roots that encircle the stems (trunks) of trees below the soil surface. N. Subgrade: Surface or elevation of subsoil remaining after excavation is complete, or the top sur- face of a fill or backfill before manufactured soil is placed. O. Subsoil: All soil beneath the topsoil layer of the soil profile, and typified by the lack of organic matter and soil organisms. P. Surface Soil: Soil that is present at the top layer of the existing soil profile at the Project site. In undisturbed areas, the surface soil is typically topsoil; but in disturbed areas such as urban envi- ronments, the surface soil can be subsoil. 1.05 DELIVERY, HANDLING AND TEMPORARY STORAGE A. Install plant material on the day of delivery to the site; in the event this is not possible, protect that stock not planted. B. Keep plant material that cannot be planted immediately after delivery in the shade, well protected with soil, wet moss or other acceptable material and well -watered. C. Do not bind plants with wire or rope at any time so as to damage the bark or break branches. D. Lift and handle plants from the bottom of the ball only. 0 E. Plants moved with a ball will not be accepted if the ball is cracked, loose, or bregen before or durinc planting operations. C-) C �j F. Deliver fertilizer to site in original, unopened containers, each bearing manuf;pur esayaranip analysis p f� G. Store packaged materials off ground and protect from moisture. -o rn 3 Q gx w 1.06 CODES, PERMITS AND FEES D Ut Q A. Obtain any necessary permits for this Section of Work and pay any fees required for permits. B. The entire installation shall fully comply with all local and state laws and ordinances, and with all es- tablished codes applicable thereto . PLANT MATERIAL AND PLANTING 02930-2 Iowa City # 16-97 Riverfront Crossings Park — Phase 2 Confluence No. 15106-2 City of Iowa City, Iowa 1.07 JOB CONDITIONS A. Existing Utilities: 1. Locate existing underground utilities in areas of work. If utilities are to remain in place, provide adequate means of support and protection during this work. 2. Underground utilities shown on the drawings have been taken from existing public records, Owner's records available as -built drawings and are correct to the best of our knowledge, provided for information only. 3. Should uncharted, or incorrectly charted, piping or other utilities be encountered during excavation, consult Utility Owner immediately for directions. Cooperate with Owner and utility companies in keeping respective services and facilities in operation. Repair damaged utilities caused by Contractor's negligence to the satisfaction of Utility Owner at no cost to the Project Owner. 4. Do not interrupt existing utilities serving facilities occupied and used by Owner or others, during occupied hours, except when permitted in writing by Landscape Architect and then only after acceptable temporary utility services have been provided. 5. Provide minimum of 48-hour notice to Owner and Landscape Architect and receive written notice to proceed before interrupting any utility. B. Protection of Persons and Property: 1. Barricade open excavations occurring as part of this work and post with warning lights. 2. Operate warning lights as recommended by authorities having jurisdiction. 3. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout and other hazards created by this work. 4. Perform excavation within drip -line of large trees to remain by hand, and protect the root system from damage or dry -out to the greatest extent possible. Maintain moist condition for root system and cover exposed roots with burlap. Paint root cuts of 1" diameter and larger with emulsified asphalt tree paint. 1.08 INSPECTION AND APPROVAL A. All materials described and specified herein are subject to inspection and approval by Owner's Representative. B. Materials may be inspected by the Owner's Representative at source of supply or the Owner's Representative may require the Contractor to submit color slides and/or photographs which illus- trate the specified plant material at the source of supply. C. This inspection does not waive the right to reject any material after it has been delivered to the site and/or installed. o L09 INITIAL INSPECTION AND ACCEPTANCE A. Initial inspection of the planting to determine completion of contract work, er replacement of plants, will be made by the Owner's Representative upon comr r B. Initial inspection will not be conducted unless all items of work as outlined in 3. been completed. C. Five (5) days prior to the anticipated date of inspection submit written notice tion to Owner's Representative. C --r z imwepossrre t$Z of e wo ftl ,UR)N h1n R7 iquestig inspec- PLANT MATERIAL AND PLANTING 02930-3 Iowa City # 16-97 Confluence No. 15106-2 Riverfront Crossings Park — Phase 2 City of Iowa City, Iowa D. After inspection, the Contractor will be notified in writing, by the Owner, of initial acceptance of inspected work exclusive of the possible replacement of plants and correction of deficiencies in the requirements for completion of the work. E. Maintain, as specified, areas not acceptable until corrections are completed and re -inspection is conducted. F. If a significant time delay (sixty to ninety days) is encountered, through no fault of the Landscape Contractor, inspection and initial acceptance of a major portion of the plantings may be granted. G. All plants shall be alive and healthy at the time of initial acceptance. 1.10 GUARANTEE, REPLACEMENT AND FINAL INSPECTION: A. Guarantee plants for the duration of one (1) full year after they are initially accepted as defined herein. B. Plants shall be alive and in good, healthy and flourishing condition of growth at the end of the guaranty period. C. At the end of the guaranty period, final inspection will be made by Owner's Representative upon written notice requesting such inspection; submit notice to Owner's Representative at least ten (10) days before the anticipated date of inspection. D. Any plant, required under this Contract, that is dead or not in a vigorous, thriving condition, as determined by Owner's Representative at the time of Final Inspection, will be removed from the site. E. Plants that are missing at the time of Final Inspection are to be installed during the specified plant- ing season when weather and site conditions permit. F. In case of any questions regarding the condition and satisfactory establishment of a rejected plant, the Landscape Contractor may elect to allow such plant to remain through another complete grow- ing season. If at that time the rejected plant is found to be dead, in an unhealthy or badly impaired condition, it shall be replaced. G. After Initial Acceptance, replace plants (once during or at the end of the guaranty period) that are observed to be dead or in a badly impaired condition. H. One replacement after initial acceptance shall constitute fulfillment of Contractor's guaranty for the particular plant replaced. I. Replacement Plants: Plants of the same kind and size as specified in the Plant Schedule; furnished and planted as specified herein. J. Replacement Plants: Guyed or staked, mulched, wrapped, fertilized, pruned and restored to orig- inal condition as originally specified at no cost to Owner. K. Make all necessary repairs to grades, lawns and paving required because of plant replacements, at no cost to the Owner. N L. Plant Replacement Cost: Borne by Contractor except for possible replacements reC=oting from femoval, loss or damage due to occupancy of project in any part, vandalism,sokediencM, acts of neglect on the part of others, physical damage by animals, vehicles, fir ,, ol%sses�" Jo curtailment of water by local authority, or to "Acts of God". Floods, tornadoJG)aMd 0&urrir»ne force, -and hail are not normal and the damage they do cannot be calculated io �rn rn �- z, D x w v cn 0 PLANT MATERIAL AND PLANTING 02930-4 Iowa City # 16-97 Riverfront Crossings Park — Phase 2 Confluence No. 15106-2 City of Iowa City, Iowa PART 2 PRODUCTS 2.01 PLANT MATERIALS A. Plant Schedule: A list of plant materials is scheduled on the Drawing. In the event of any discrep- ancy between this schedule and the Plan Drawing showing the quantity of plants, the Plan Drawing shall govern for all quantities. B. Certification of inspection of plant materials required by Federal, State or other governmental agen- cies to accompany all shipments to be furnished to the Owner's Representative. C. Nomenclature: The names of plants required under this Contract conform to those given in the "Standardized Plant Names", 1942 Edition, prepared by the American Joint Committee on Horti- cultural Nomenclature. Names of varieties not included therein conform generally with names ac- cepted in the nursery trade. D. Standards: All plant materials, grading, sizes, methods, etc., are to conform to the Standards of the American Association of Nurserymen, Inc., as contained in their current publication "American Standard for Nursery Stock", (ANSI Z60.1-1996). In the event there is a discrepancy between these standards and this Specification, the most restrictive requirement shall govern. E. Labeling: Legibly tag all plants as to name and size. F. Species and Variety: True to name as specified. Plants approved as true to name at time of initial acceptance which, during the guaranty period, exhibit characteristics indicating they are not true to name will be replaced at no cost to the Owner. G. Availability: Before submitting his bid, the Contractor shall have investigated the sources of supply and satisfied himself that he can supply the listed plants in the size, variety and quality listed and specified. Failure to take this precaution will not relieve the Contractor from his responsibility for fur- nishing and installing all plant materials in strict accordance with the Contract Documents without additional cost to the Owner. H. Quality 1. Growth habit typical for species and as indicated on the Plant Schedule. 2. Sound, healthy, vigorous and free from insect pests, plant diseases and injuries. 3. One sided plants or plants taken from tightly planted nursery rows will be rejected. I. Size and Form: 1. Equivalent or exceed measurements specified in the Plant Schedule. 2. Measured before pruning with branches in normal position. Height and spread specified refers to main body of plant and not from tip to tip of branches or roots. S. Caliper of trees less than four inches (4") - taken six inches (6") above ground level. Trees four inches (4") and over - measured one foot (1') above ground level. 4. Specified trunk height can be obtained by pruning lower branches of a plant after the plant has been installed; however, pruning to achieve specified trunk height is to occur only after cn Owner's Representative has inspected plant and directed Contractor as to the amount.of C: p p pruning required. ras 5. Where specified by caliper, no one stem of a specific multi -stemmed than the caliper size specified. J. l3alled and Burlapped Plants: Designated as "B&B'; dug with firm, natural balls of earth of sufficiei to encompass the fibrous and feeding root system necessary for full 0 i�Nt shalom smaller WWOetend dpth atpry =he pFR oM v ax CCA 0 PLANT MATERIAL AND PLANTING 02930-5 Iowa City # 16-97 Confluence No. 15106-2 Riverfront Crossings Park - Phase 2 City of Iowa City, Iowa 2. In compliance with ANSI Z60.1-1996. 3. Balls: Firmly wrapped with burlap or similar biodegradable material and bound with twine, cord, or wire mesh. 4. Where necessary to prevent breaking or cracking of the ball during the process of planting, the ball may be secured to a platform. Broken or loose balls will not be accepted. 5. A container grown plant, in lieu of a 'B&B" plant, will be accepted provided it meets specified sizes and complies with ANSI Z60.1-1996. 6. A machine moved plant, in lieu of a "B&B" plant, will be accepted provided it meets specified sizes and complies with ANSI Z60.1-1996. K. Container Grown Plants: Container size as specified in Plant Schedule. 2. In compliance with ANSI Z60.1-1996 2.02 MANUFACTURED PLANTING SOIL MIX A. Soil excavated from planting pits that is similar in nature to topsoil and is determined to be suitable for planting soil shall be thoroughly mixed with one (1) part of compost to five (5) parts of existing soil. B. Very poor soils of clay, gumbo, gravel, hard -pan, or other soils injurious to plants shall not be used C. If quantity of soil excavated from planting pits is not adequate for planting, furnish planting soil consisting of partially decomposed vegetable matter of natural occurrence; black, clean, low in con- tent of mineral or woody material, mildly acid, fertile and friable. Mix with one (1) part of compost to four (4) parts of soil. D. Dispose of soil excavated from planting hole that is determined not to be of quality required or is not needed to be used for planting soil. 2.03 FERTILIZER A. Similar or equivalent to Milorganite (6-3-0). B. Uniform in composition, dry and free flowing. C. Fertilizer which becomes caked or otherwise damaged making it not suitable for use, will not be accepted. 2.04 MULCH o A. Shredded premium hardwood bark; a proprietary product; as manufactured bg7C�em2'fD 1� 736-1356 or equivalent. DC B. Depth and locations as shown on drawings, n -G N r C. €4rnish in bags or bulk. �� �r o _0 M r*t s 2.05 STAKING, GUYING AND WRAPPING MATERIALS x w A. Stakes and Guys: CA o PLANT MATERIAL AND PLANTING 02930-6 Iowa City # 16-97 Confluence No. 15106-2 Riverfront Crossings Park — Phase 2 City of Iowa City, Iowa Proprietary Staking -and -Guying Devices: Proprietary stake and adjustable tie systems to secure each new planting by plant stem; sized as indicated and per manufacturer's written recommendations. a. Products: Subject to compliance with requirements, available products that may be incorporated into the Work include, but are not limited to, the following: 1) Arborbrace; ArborBrace Tree Guying System. 2) Decorations for Generations, Inc.; Reddy Stake System. B. Wrapping material: Heavy crinkle crepe tree wrapping paper in strips four to ten inches (4-10") wide. 2.06 WEED PREVENTER A. Dactal or equivalent. B. For groundcovers and shrub plant beds only. C. Apply as per manufacturer's recommendation. PART 3 EXECUTION 3.01 EXAMINATION A. Contractor to verify existing conditions before starting work. B. Verify that prepared subsoil and planting beds are ready to receive work. C. Owner (UI BLS) to review finish grades prior to any planting commences. Failure to notify Owner at least 24 -hours in advance that final grade has been achieved and planting is set to begin may result in removal and replacement of any plant material placed without Owner approval. D. Verify that required underground utilities are available, in proper location, and ready for use. 3.02 COMMENCEMENT DATE A. At the earliest possible date site conditions permit. 3.03 PLANTING SEASON FOR BALLED AND BURLAPPED, CONTAINER GROWN AND MACHINE MOVED PLANTS A.,, Deciduous trees and shrubs: April 1 to June 1 and September 1 to November 15. Oak varieties shall only be planted between April 1 and May 31. B� Evergreen trees and shrubs: April 1 to June 1 and September to October 15. is Q'-3.04 B. o_ Q J PREPARATION D C— `TI Prepare subsoil to eliminate rough or uneven areas. Maintain profiles and cQuf0l�s ql ens= positive drainage. Make gradual changes in grade. Blend slopes into level ar-qh O Remove foreign materials, weeds and undesirable plants and their roots. Remiyr"ejco l2minalm subsoil. (� Tb � O PLANT MATERIAL AND PLANTING 02930-7 Iowa City # 16-97 Confluence No. 15106-2 Riverfront Crossings Park — Phase 2 City of Iowa City, Iowa C. Repeat cultivation in areas where equipment, used for hauling and spreading topsoil, has com- pacted subsoil. D. Stake out on the ground the locations of all plants and obtain approval of the Owner's Representa- tive before excavation is begun. E. Relocate incorrectly located plants at no expense to the Owner. 3.05 EXCAVATION A. Excavate the plant pit, centered at the location stake. B. Planting soil for backfilling shall be kept separate from excavated subsoil. C. Excavate the plant pit large enough to provide for at least six inches (6") of manufactured planting soil mix backfill around and beneath the root system. D. Where surface or subsurface conditions prevent digging a plant pit to specified dimensions, obtain approval from Owner's Representative to modify location of pit dimensions. 3.06 PERCOLATION TESTING A. Notify Owner (UI BLS) prior to commencement of percolation testing. B. Randomly select a representative number of shrub plant pits in each shrub planting area and test for drainage prior to planting. C. Test all tree plant pits for drainage. D. Fill each selected plant pit with water and let stand for twenty-four (24) hours. E. Do not proceed with planting where drainage problems are apparent. F. Owner to review all percolation test areas prior to placing any plant materials. 3.07 PLACING PLANTING SOIL A. Planting soils shall be placed per Section 32 91 12.13 TOPSOIL PLACEMENT AND FINISH GRADING. 3.08 FERTILIZING BARE ROOT PLANTS A. Trees: One-half (1/2) pound per plant; mix with backfill. B. Shrubs: One-quarter (1/4) pound per plant; mix with backfill. 3.09 FERTILIZING B&B AND CONTAINER GROWN PLANTS A. Trees and Shrubs: Mix with manufactured planting soil backfill. B. Large shade trees: Two (2) pounds per inch of caliper. C. Small trees: One (1) pound per inch of caliper. D. Shrubs; One-quarter (1/4) pound per foot height. E. Groundcover: One-eighth (1/8) pound per plant; place in bottom of plant pit. F. Herbaceous plants: One-eighth (1/8) pound per plant. PLANT MATERIAL AND PLANTING 02930-8 N O Ci J 3 LJ �� W 3 Cn 0 PLANT MATERIAL AND PLANTING 02930-8 Iowa City # 16-97 Confluence No. 15106-2 3.10 PLANTING A. Place plant for best appearance B. Set plants vertical. C. Remove non -biodegradable containers D. Groundcover: Riverfront Crossings Park — Phase 2 City of Iowa City, Iowa 1. Cultivate groundcover areas six inches (6") deep and grade smooth immediately before planting groundcover plants. 2. Before planting, spread commercial fertilizer at the rate of one-eighth (1/8) pound per plant over entire groundcover area, and cultivate into top six inches (6") of soil. 3. Plant groundcover to within one foot (1') of trunk of tree or shrub planted within the area unless noted otherwise on the Drawings. 4. After planting and before mulching, spread weed preventer over plant bed soil surface as per manufacturer's recommendation. 5. Install mulch to depth of three inches (3") over entire groundcover bed. E. Balled and Burlapped and Container Grown Plants: 1. Center the root ball in the plant pit resting on six inches (6") of well tamped planting soil. 2. Backfill the plant hole with manufacturer planting soil mix placed in layers around the root ball. 3. Carefully tamp each layer in place in a manner to avoid injury to roots or ball. 4. When approximately two-thirds (2/3) of the plant hole has been backfilled, fill the hole with water and allow the soil to settle around the roots. 5. Set top of root ball level with the surrounding grade as shown in the Planting Details. 6. Place mulch as indicated in the Planting Details. 7. Cut cord or wire securing burlap at base of tree. 3.11 TREE STABILIZATION A. Install trunk stabilization as follows unless otherwise indicated: 1. Upright Staking and Tying: Stake trees of 2- through 5 -inch caliper. Stake trees of less than 2 -inch caliper only as required to prevent wind tip out. Use a minimum of two stakes of length required to penetrate at least 18 inches below bottom of backfilled excavation and to extend at least 72 inches above grade. Set vertical stakes and space to avoid penetrating root balls or root masses. 2. Use two stakes for trees up to 12 feet high and 2-1/2 inches or less in caliper; three stakes for trees less than 14 feet high and up to 4 inches in caliper. Space stakes equally around G- trees. 3. Support trees with guying material per manufacturer's instructions at=ntacttints with tree trunk. Allow enough slack to avoid rigid restraint of tree. CD -.n g� B. Staking and Guying: Stake and guy trees more than 14 feet in height and m& fan :mnchea.iq. i caliper unless otherwise indicated. Securely attach no fewer than three guys SS'takeg0 ini2S Jong, driven to grade. '--Int.. rn _G -n 1. Site -Fabricated Staking -and -Guying Method: s 0 r i"Y ill PLANT MATERIAL AND PLANTING 02930-9 Iowa City # 16-97 Riverfront Crossings Park — Phase 2 Confluence No. 15106-2 City of Iowa City, Iowa a. For trees, more than 6 inches in caliper, anchor guys to wood deadmen buried at least 36 inches below grade. Provide turnbuckle for each guy wire and tighten securely. b. Support trees with strands of cable or multiple strands of tie wire, connected to the brass grommets of tree -tie webbing at contact points with tree trunk and reaching to turnbuckle. Allow enough slack to avoid rigid restraint of tree. C. Attach flags to each guy wire, 30 inches above finish grade 2. Proprietary Staking and Guying Device: Install staking and guying system sized and positioned as recommended by manufacturer unless otherwise indicated and per manufacturer's written instructions. C. Root -Ball Stabilization: Install at- or below -grade stabilization system to secure each new planting by the root ball unless otherwise indicated. Wood Hold -Down Method: Place vertical stakes against side of root ball and drive them into subsoil; place horizontal wood hold-down stake across top of root ball and screw at each end to one of the vertical stakes. a. Install stakes of length required to penetrate at least 18 inches below bottom of backfilled excavation. Saw stakes off at horizontal stake. b. Install screws through horizontal hold-down and penetrating at least 1 inch into stakes. Predrill holes if necessary to prevent splitting wood. C. Install second set of stakes on other side of root trunk for larger trees as indicated. 2. Proprietary Root -Ball Stabilization Device: Install root -ball stabilization system sized and positioned as recommended by manufacturer unless otherwise indicated and per manufacturer's written instructions. RXi�1111:7t\77tk[c3 A. Promptly after planting, wrap trunks of all deciduous trees with tree wrapping paper spirally from ground line to bottom branches. B. Neat and snug; materials held in place by a suitable cord; tapes are unacceptable. 3.13 PRUNING AND REPAIR A. Prior to initial inspection, prune all trees and shrubs and repair any injuries. B. Limit the amount of pruning to the minimum necessary to remove dead or injured branches and twigs C. Maintain the natural habit, shape and specified size of the plant. rt ri U D. Maintain central leader by cutting back potential co -dominant leader. � E. Where branches are adjacent to walks and trees are placed as street trees, Iirr�Oanc to a'm i' height.while maintaining proper crown proportions. F. Vake all cuts flush; leave no stubs. o tTT G. An alrcuts over three-quarters inch (3/4") in diameter and bruises or scars on;94arkgace tfi6, Injured cambium back to living tissue and remove; smooth and shape wounds F9� ndt to ret® water and coat the treated area with an approved antiseptic tree paint. c? r., cn 0 PLANT MATERIAL AND PLANTING 02930-10 Iowa City # 16-97 Confluence No. 15106-2 3.14 FIELD QUALITY CONTROL Riverfront Crossings Park — Phase 2 City of Iowa City, Iowa A. Plants will be rejected if a ball of earth surrounding roots has been disturbed or damaged prior to or during planting. Rei F1• d.lrl U3:1 A. Shredded hardwood bark; a proprietary product; as manufactured by Xylem, LTD 1-800-736-1356 or equivalent. B. Depth and locations as shown on drawings. C. Furnish in bags or bulk. D. Submit 5 -gallon bucket sample for approval by Owner's Representative. 3.16 CLEAN UP A. Remove any soil, compost, or similar material that has been brought onto paved areas by planting operations keeping those areas clean at all times. B. Upon completion of the planting, dispose of all excess soil and stones resulting from the planting operation. C. Remove all debris, resulting from planting operations, from the site. 3.17 MAINTENANCE A. Begin immediately following installation of plants and continue for sixty (60) calendar days after installation or until Substantial Completion, whichever is later. B. Include watering, weeding, cultivating, mulching, removal of dead material, resetting plants to proper grades or upright position and restoration of the planting saucer, maintaining tight guy wires and other necessary operations. C. If any planting is done after lawn preparation, provide proper protection to lawn areas and repair any damage resulting from planting operation promptly at no cost to the Owner. D. Landscape Contractor is responsible for maintaining plants from their arrival on site until Substantial Completion. E. Furnish detailed written recommended maintenance program to the Owner with a copy to Owner's Representatives, prior to Substantial Completion of the various planting areas. F. Maintenance performed by the Owner in accordance with recommended program will not affect the Landscape Contractor's obligation to guarantee and replace defective plants as herein described. END OF SECTION r: 0 CD -, C.. -<F M C: 3 W D U1 O r. c PLANT MATERIAL AND PLANTING 02930-11 0 CD -<F M � Vii. 3 W D U1 O PLANT MATERIAL AND PLANTING 02930-11 Iowa City # 16-97 Confluence No. 15106-2 SECTION 02990 Riverfront Crossings Park — Phase 2 City of Iowa City, Iowa SITE FURNISHINGS AND EQUIPMENT PART GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions, apply to this Section. 1.02 SUMMARY A. This Section includes the following: 2. 3. 1.03 SUBMITTALS Trash Receptacles Benches Nature Play Site Features A. Product Data: Provide manufacturer's data for each type of product indicated. B. Samples for Verification: For each type of exposed finish required, prepared on Samples of size indicated below. 1. Size: Not less than 4 -inch -square sheet components. C. Manufacturer's Instructions: Indicate conditions requiring special procedures. D. Maintenance Data: For site furnishings to include in maintenance manuals. 1.04 QUALITY ASSURANCE A. Source Limitations: Obtain each type of site furnishing(s) through one source from a single manufacturer. B. Installer Qualifications: Company specializing in performing the work of this section and approved by manufacturer. PART 2 PRODUCTS 2.01 TRASH RECEPTACLES .r A. Basis -of -Design Product: Subject to compliance with requirements, provide the produZtas indicated on Drawings: o 1. Landscape Forms Inc.: Scarborough Litter Receptacle. Style: Side-oa� (1a gallmn Pattern: Vertical Strap with lock. Mount: Surface mount. Finish: Powderco k. %er CQ.Wry Black. n.< O 2.03 'BENCHES rri A. Basis -of -Design Product: Subject to compliance with requirements, provt*e Rbduc Z � indicated on Drawings: �7r W 1. Barco Products Inc.: Cassidy Style Bench w/ straight back, end arms. MoRl: surf mount. Finish: Powdercoat. Color: Black. SITE FURNISHINGS AND EQUIPMENT 02990-1 Iowa City # 16-97 Confluence No. 15106-2 2.04 NATURE PLAY SITE FEATURES Riverfront Crossings Park — Phase 2 City of Iowa City, Iowa A. Basis -of -Design Product: Subject to compliance with requirements, provide the product as indicated on Drawings: 1. Historic Archways: Salvaged architectural features from doorways of from Sabin School. Palletized material will be provided by City of Iowa City — Parks & Rec Dept. 2. 1 Beam Bench: Salvaged feature from demo'd Railroad Bridge. Surface mount for bench (custom -build) 3. Fossil Dig Feature — Landscape Structures Inc. 4. Shell Dig Feature — Landscape Structures Inc. 5. 'Fallen Tree' Log and Slide Feature — Landscape Structures Inc. 6. 'The Stepper Stone — Landscape Structures Inc. 7. 'The Peak' Stone —Landscape Structures Inc. 8. 'The Pinnacle' Stone —Landscape Structures Inc. 9. 'The Pointe' Stone — Landscape Structures Inc. 10. Reclaimed Rail Balance Beams (custom -build) 11. Log Tunnel Feature — Landscape Structures Inc. 12. Small Log Pile Balance Beams (custom -build) 13. Small Stepper Run (custom -build) 14. Large Stepper Run (custom -build) 15. Log Steppers (custom -build) 16. Reclaimed Railroad Tie Zipper (custom -build) 17. Large Log Pile Balance Beams (custom -build) SITE FURNISHINGS AND EQUIPMENT 02990-2 18. Tumble Berm with Tunnel (custom -build) 19. Playground Zipline—'ZipKrooze' Landscape Structures, Inc. 50' track length. 20. Dinosaur Rib Cage Tunnel — Landscape Structures Inc. 21. Square Post Balance Beams (custom -build) 22. Railroad Tie Stepper Mounds (custom -build) 23. Ooodle Swing — Landscape Structures, Inc. 24. Expression Swing + Xscape Swing + Xscape solo swing Add -a -Bay — Gametime Co. 25. 24° & 36" Heavy Duty Whale Drums — Powder coat, multi color, with mallets on cords N Playmate Play Are Wood Chips — Ever -Green Landscaping Nursery and Supply, Inc J C _ p�n L:- � rn 2E w `> cn r 0 SITE FURNISHINGS AND EQUIPMENT 02990-2 Iowa City # 16-97 Confluence No. 15106-2 PART 3 EXECUTION 3.01 EXAMINATION Riverfront Crossings Park — Phase 2 City of Iowa City, Iowa A. Examine areas and conditions, with Installer present, for compliance with requirements for correct and level finished grade, mounting surfaces, installation tolerances, and other conditions affecting performance. 1. Proceed with installation only after unsatisfactory conditions have been corrected. 3.02 INSTALLATION, GENERAL A. Comply with manufacturer's written installation instructions unless more stringent requirements are indicated. Complete field assembly of site furnishings where required. 1. Unless otherwise indicated, install site furnishings after landscaping and paving have been completed. 2. Install site furnishings level, plumb, true, and securely anchored at locations indicated on Drawings. 3.03 CLEANING A. After completing site furnishing installation, inspect components. Remove spots, dirt, and debris. Repair damaged finishes to match original finish or replace component. END OF SECTION C-; r, T'=r 2 r► : = �� orn r r - C" o :,o a rn SITE FURNISHINGS AND EQUIPMENT 02990-3 River ERFRONT CROSSINGS F ARk = F HASE 2 C E R T I F I C A T I O N noFu?0 Reis, ttNry that ale tested. m sins uoeunrcin wet E.,. a N nn ornlMer.ry,d1l tsuperv¢ion.am that am aaory repsiarea `°.J`plE "dam LeMvsPd ArdYtesl urMx Na laws d(Ne Stats Df knew 0.. PAIVIDCN R.'. . G Rp0 Nq RD --: uNDsuaS: - PATRICKR.ALVORO IOWA REGISTRATION pSTT - MCHITECT � - GATE o.m Mr reelar'andn sate iaJum 3o. zeta 'a`^.1oscPe` AARON L GNINNUP, P.E. DATE sur. Sheets wverM by this seal: ALL"A":C"J""I(""L"SNEEIS CITY OF IOWA CITY IOWA CITY, IOWA A 2017 LOCATION M A P K I RK w 000 AV PHASE 1 TRAILS RALSTON CREEK REALIGNMENT PHASE 1 j 1001 SOUTH CLINTOI4 ,I -J-1- I S.\CO.fl... de, IOWA P-aate\2015\15106 Ri.arfront Crossing Iowa City\Phone 2 Now re Flay eta set\151 C6_2 — CAD\Sheet set\A1 — COVER dwg ad as RIVERFRONT CROSSING PARK PHASE 2 - NATURE PLAY AREA RIVERFRONT CROSSING PARK PHASE 1 PROJECT EXTENTS FILED 2011 JUN 20 PM 3: 4 i CITY CLERK IOWA CITY. IMA STATE OF IOWA COUNTY JOHNSON COUNTY IOWA= ONE CALL 1-80;0-292-89891 FM www.iowoonecall.com I.. ti ` r , CITY OF IOWA CITY UNESCO CITY OF LITERATURE i conFLUEncE LANDSCAPE ARCHITECT CONFLUENCE 9002ND STREET SE, SUITE 104 CEDAR RAPIDS, IA 52401 PH: 319.4095401 HRGreen CIVIL ENGINEER HR GREEN INC 8710 EAFHART IANE SW CEDAR RAPIDS, W 52404 PH: 319.84L400p CONTACT:AARCNGWINNUP Y L Q W U) V Q Z J F U) W U O (If oe =)0 U Q o Z } Z O N U W ILL < d W Idi SUBMITTAL DATES ISSUED FOR 07-i&2017 BID SET COVER SHEET I hereby diedfy that Iris any! ..... 0 decumml was, ploplad by me p(5510 unaeFr diM onalsup wismnaMa atlamaamy Rp0 Nq my hdensed PmfevionWEr inserundiMalax fthe&ateoflowa. ,moo Z AA0.0NL t AARON L GNINNUP, P.E. DATE GWINNUP License Number: 22555 j22559 .j My freree renewal dale is Demmter $1, 201 T. Pages nsheetscatered Oythis mal: F1 8 F2 CITY OF IOWA CITY IOWA CITY, IOWA A 2017 LOCATION M A P K I RK w 000 AV PHASE 1 TRAILS RALSTON CREEK REALIGNMENT PHASE 1 j 1001 SOUTH CLINTOI4 ,I -J-1- I S.\CO.fl... de, IOWA P-aate\2015\15106 Ri.arfront Crossing Iowa City\Phone 2 Now re Flay eta set\151 C6_2 — CAD\Sheet set\A1 — COVER dwg ad as RIVERFRONT CROSSING PARK PHASE 2 - NATURE PLAY AREA RIVERFRONT CROSSING PARK PHASE 1 PROJECT EXTENTS FILED 2011 JUN 20 PM 3: 4 i CITY CLERK IOWA CITY. IMA STATE OF IOWA COUNTY JOHNSON COUNTY IOWA= ONE CALL 1-80;0-292-89891 FM www.iowoonecall.com I.. ti ` r , CITY OF IOWA CITY UNESCO CITY OF LITERATURE i conFLUEncE LANDSCAPE ARCHITECT CONFLUENCE 9002ND STREET SE, SUITE 104 CEDAR RAPIDS, IA 52401 PH: 319.4095401 HRGreen CIVIL ENGINEER HR GREEN INC 8710 EAFHART IANE SW CEDAR RAPIDS, W 52404 PH: 319.84L400p CONTACT:AARCNGWINNUP Y L Q W U) V Q Z J F U) W U O (If oe =)0 U Q o Z } Z O N U W ILL < d W Idi SUBMITTAL DATES ISSUED FOR 07-i&2017 BID SET COVER SHEET CML LEGEND SYMBOL LEGEND MATERIAL LEGEND SHEET INDEX t 050 EXISTING 10CONTOUR BENCHMARK, CONTROL PONT, Tw c ORM MRDW mm EARTH, BACKRLL SNRRt W~ SXRR1TOW 0-EWk ON INOKATOR ra3 EXISTING MINOR CONTOUR ORIDRADON IS SURVEYED TO A -GENERAL ■ CONCRETE MONUMENT EXISTING PERMANENT EASEMENT TRUE NORM OR AS CLOSE TO TRUE NORAS KNOWN DATA At WVERSWEi • IRON PIN FOUND EXISTING TEMPORARY FARI:MEM RIP RAP Ai NOE% N YM p e�N NORTH ARROWS AS RMPA f%>ARN. 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DECIDUOUS TREE® ---- SAN XISTING SMRPRY SEWER E SRF DETAILS 1. NOTE TED WWT SHEEP, P. T SITIDETAIIl 4 CORNER MONUMENT - ST EXISTING STORM SEWER ELEVADgV. SECTORSECTION OR DETAIL. • - is a� INTAKE ~.R PLAY SD 16' DEPTH MIN. OWING BEEHNE EXISTING CULVERT KOWINGSIRDFTAIU F CABLE BOX 1 DETAIL INDICATORO XE GRADING MAX LNOTfs CLEAN dl! UGT EXIST UNOEACUND TDPPHONE Po St ENGINEERED WOOD FlBER CHIP UP[ l-NDSC/. IXISRNG TRAFFIC SIGNALING 12 DEPTH L3 fANDXAFF MAN XHFWUiNOTF3 ® ELECTRIC METER lu JUNDI DETAIU � ELECTRIC BOX Ir EXISTING WATER 1 SECTION INDICATOR Al m ENGINEERED WOOD FIBER CHIP EXISTING RR 6' DEPTH FR PHONE BOOTH GAS METER SD SUBDRAIN �I ELEVATION INDICATOR mm SOFT RUSH, SEE Lt PIANT SCHEDULE ® CURB INTAKE FOR QUANTITIES & SPACING Ste. ® HANDICAP INTAKE 10{1 SORA— MINOR CONTOUR MAIOR CONTOUR AI MATCH UNE INDICATOR y PERMANENT EASEMENT a TARGE DECIDUOUS I)YY POLE TEIdPDUGH} EASEMENT CONTRACT TERMINATOR CANOPY TREE O SANITARY MANHOLE y� MONITORING WELL LA FLOOD N ROOD PW Q REVISION MARKER POST —100/R FID— 100 YEAR ROOD WAY MEDIUM DECIDUOUS TREE ��0/ RAH -ROA) SIGN A, A, FENCE O p/ SATEWIE DISH — — — — — — GRADING UMITS ® UNDERSTIXZY TREE np_ SIGN -- CONSTRUCTION UMIIS ® SIGN STALING AREA SOL BORING SILT FENCE PERENNIAL GRASSES TREE STUMP ml m m m m STORM SEWER ❑T TELEPHONE BOX R/W RIGHT OF WAY VARIETY OF BOIJI-SIZES RS F- TELEPHONE PEDESTAL - - SHEET PILE TYPES AND SIZES 'W' WATER UNE 1WFFlC LIGHT TryI — SMNARY SEWER U UMESTONE BOULDERS 40 TRAFFIC SIGNAL UUU u- TRAFTC SIGN ROM O LIMESTONE FLAGSTONE {T YARD LIGHT NOT ML ABB NS OR SYMBOLS SHOWN IN ® BUPoEO VARVE SE LISTS MAY BE USED IN THIS PROJECT. THEMY BE CONTACT ARCHITECTOR ENGINEER FOR CLARIFlCADOOFAN OF ANY DISCREPANCIES.O I -GENA BENCH N BORED WATER VARVE x REMOVE TREE CITY STgNDMU BENCH O BOLLARD EASEMENT O CEIY STANDARD TRASH RECEPTACIE O TEMPORARY EASEMENT J INLET PROTECTION ❑ CONCRETE WASH-OUT ConFLUEf10E IANDSCAPE ARCHITECT CONFLUENCE BW 3ND STREET SE, SANE IN CEDAR RAPIDS, W 52101 PH: THAN.SW1 CML ENGINEER HR GREEN INC 8710 EARHART LANE SW CEDAR RAPIDS, A SN' PR 318.BC1.AW0 CONTACT AARON GWNNUP SUBMITTAL DATES ISSUED FDR 07-F&2017 BID SET SHEET INDEX, LEGENDS & SYMBOLS A2 ConFLUEncE LANDSCAPE ARCHITECT CONFLUENCE W02ND STREET BE, SUIS 1(N CEDAR RAPIDS. IA SUDI PH: 310.08.5101 CIVIL ENGINEER HR GREEN INC. aT10 EARW1Rt IPNE sw CEDARRAM52AW PH: 310.S1IA1AWD CONTACT: AARDN GVBNNUP Y /U) (D U) QJ¢ lL W j U Q O Z O LE N W a U W zay wItI I T –_ I t—_ I I I1,AJN 20 a a r C� . _. — - � 1 , TY -� !0 IT . t a PHASE 2 PROJECT MTS s D U D U a 4 2 � .• � ,As.,�r�'� I I 1 PHASE 1 KEY NOTES: 8 5 CLIN iON 5 7 - TRAIL TO GILBERT ST. INTERSECTION __ 9 / TRAIL SPUR TO BIG GROVE BREWERY -- \ S TRAIL ON EAST SIDE OF RALSTON CREEK O4 2ND ST. PEDESTRIAN BRIDGE SHARED -USE PATHS L 1 -� / O TRAIL CONNECTION UNDER HWYB OPEN LAWN H PARK ACCESS FROM MRKWOOD AVE. N]DiHIDE� IOWA RFX PARKING LOT _. I•.^_-- 5 —� 7 DDrzJPOSfD j / PHASE 3 KEY NOTES: 0NATURE PLAY AREA W \O F OENTRY PLAZA OCREEK ACCESS O 1 PHASE 2 - RFX PARK CONTEXT PLAN SCALE:1"=150' a 75' 150' 300' ConFLUEncE LANDSCAPE ARCHITECT CONFLUENCE W02ND STREET BE, SUIS 1(N CEDAR RAPIDS. IA SUDI PH: 310.08.5101 CIVIL ENGINEER HR GREEN INC. aT10 EARW1Rt IPNE sw CEDARRAM52AW PH: 310.S1IA1AWD CONTACT: AARDN GVBNNUP Y /U) (D U) QJ¢ lL W j U Q O Z O F- �0 I.A— LL 0� N W a U W LL SUBMITTAL DATES ISSUED FOR 07-18-2017 BID SET RFX PARK CONTEXT PLAN CDNFLUENCE PRO.RCT NO: 15108 2 A3 GENERAL NOTES: 1. CONTRACTOR SHALL CLEAR AND GRUB All AREAS NECESSARY TO PERFORM WORK. SEE REMOVALS SHEET FOR MORE INFORMATION 2. CONTRACTOR SHALL CONFINE ALL ACTIVITIES TO ME RIGHT-OF-WAY, CITY OWNED PROPERTY. OR INDICATED CONSTRUCTION LIMITS UNLESS OTHERWISE NOTED. 3. EXISTING AND FUTURE UTILITIES. STRUCTURES. TREES, AND PAVEMENT LOCATIONS SHOWN ME APPROXIMATE. THE COMPLETENESS AND ACCURACY OF THIS INFORMATION IS NOT GUARANTEED. CONTRACTOR SHALL FIELD VERIFY THE EXACT LOCATIONS OF THESE OR ANY OTHER EXISTING FACILMES AS REQUIRED TO COMPLETE THE WORK. 4. CERTAIN RELOCATIONS OF EXISTING UTILITIES MAY BE REWIRED AS A RESULT OF CONSTRUCTION OF THIS PROJECT. R SHR. BE THE CONTRACTOR'S RFBPoNSIBATIY TO COORDINATE THE REQUIRED WORK WITH THE RESPECTIVE UTILITY COMPANIES IN ORDER TO AWED UNNECESSARY OELAYB TO CONSTRUCTION. THE CONTRACTOR SHALL WORK CLOSELY WITH THE UTILITIES TO LOCATE, FILAR. AND RELOCATE THESE FACILITIES IN A MANNER THAT MINIMIZES UTILITY SHUT-OFF AND KEEPS THE PROJECT ON SCHEDULE 5. WHERE PUBLIC UTILITY FIXTURES ME SHOWN AS EXISTING ON ME PUNS OR ENCOUNTERED WITHIN THE CONSTRUCTION MEA IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO NOTIFY THE OWNERS OF THOSE UTIUTES PRIOR TO THE BEGINNING OF ANY CONSTRUCTION. THE CONTRACTOR SHALL AFFORD ACCESS TO THESE FACILITIES FOR NECESSARY MODIFICATION OF SERVICES. UNDERGROUND FACILITIES, STRUCTURES. AND UTILTMS HAVE BEEN PLOTTED MGM AVAILABLE SURVEYS ANO RECORDS. AND THEREFORE THEM LOCATIONS MUST BE CONSIDERED APPROXIMATE ONLY. N IS POSSIBLE THERE AMY BE OTHERS. THE EXISTENCE OF WHICH PRESENRY HOT KNOWN OR SHOWN. R IS RHE CONTRACTOR'S RESPONSIBILITY TO DETERMINE THEIR EXISTENCE AND EXACT LOCATION AND TO AWED DAMAGE THERETO. NO CAMS FOR ADDITIONAL COMPENSATION WILL BE ALLOWED TO THE CONTRACTOR FOR ANY INTERFERENCE OR OEUY CAUSED BY SUCH WORK. 6. K)WA CODE 480, UNDERGROUND FACILMES INFORMATION, REQUIRES VERBAL NOTICE TO IOWA ONE CALL. 1-800-292-8989, NOT LOS TRAM 48 HOURS BEFORE EXCAVATING, EXCLUDING WEEKENDS AND LEGAL HOUDAYS. 7. R SHALL BE THE CONTRACTOR'S RESPONSIBII IIY TO HAUL AND PROPERLY DISPOSE OF EXCESS MATERIAL (INCLUDING EXCAVATED MXMRLAL OR BROKEN CONCRETE) WHICH IS NOT DESIRABLE TO BE INCORPORATED INTO ME WORK INVOLVED ON THIS PROJECT. NO PAYMENT WILL BE ALLOWED FOR THE MATERIAL DISPOSED OF AND NOT INCORPORATED INTO THE WORK. NO MATERIAL SHALL BE %ACED YEMEN THE RICHT-OF-WAY, UNLESS SPECIFICALLY STATED IN THE PLANS OR APPROVED BY RHE ENGINEER. UNLESS OTHERWISE DIRECTED OR AUTHORIZED. ALL ASPHALTIC CEMENT CONCRETE AND OTHER BITUMINOUS MATERIALS WHICH ME NOT SPECIFICALLY ADDRESSED OR DESCRIBED IN THE PVNS SHAL BECOME THE PROPERTY OF THE CONTRACTOR. TIE CONTRACTOR SHALL DISPOSE OF THESE MATERIALS IN ACCORDANCE WITH CURRENT RULES AND REGULATIONS OF THE IOWA DEPARTMENT OF NATURAL RESOURCES. 8. ALL HOLES RESULTING FROM OPERATIONS OF THE CONTRACTOR. INCLUDING REMOVAL OF FENCE POSTS, UNUIY POLES OR FOUNDATION STRUCIURES SHALL BE FILLED AND CONSOUMTED TO FINISHED GRADE AS DIRECTED BY THE ENGINEER TO PREVENT FUTURE SETTLEMENT. ME VOIDS SMALL. BE FILLED AS SOON AS PRACTICAL -- PREFERABLY ME DAY CREATED AND NOT LATER THAN ME FOLLOWING MY. ANY PORTION OF ME RICHT-OF-WAV OR PROJECT UMTS (INCLUDING BORROW AREAS AND OPERATOR AREAS) DISTURBED BY ANY SUCH OPERATIONS SHALL BE RESTORED TO M ACCEPTABLE CONDITION. 9. DURING REMOVAL AND CONSTRUCTION, ME CONTRACTOR SHAL USE ALL MEANS NECESSARY TO CONTROL DUST SPREADING FROM ALL WORK AND STAGING MFRS. DUST CONTROL MEASURES SHVL BE IN ACCORDANCE WITH APPLICABLE SPECIFICATIONS AND PROJECT SWPPP, APPROVED BY ME ENGINEER, AND SHALL BE INCIDENTAL 10. ME CONTRACTOR SHALL REMOVE AND REINSTALL ALL SIGNS AND POSTS ON ME PROJECT SITE (AS REQUIRED FOR CONSTRUCTION) AND STOCKPILE IN A SAFE LOCATION ONSITE. Al-_ SIGNS AND POSTS SHLLL REMAIN ME PROPERTY OF ME RESPECTIVE OWNERS. RAILROAD CROSSING SIGNS SHALL SE SALVAGED AND RETURNED TO ME CITY FOR REUSE ELSEWHERE 11. ME CONTRACTOR IS RESPONSIBLE FOR OBTNNING ADOI11OWL OFFSITE BORROW MATERIAL AS REQUIRED TO COMPLETE ME PROJECT. ME BORROW AREA MD MATERUL IS SUBJECT TO APPROVAL BY ME ENGINEER. 12. CONTRACTOR IS RESPONSIBLE FOR ME TRAFFIC CONTRO. TRAFFIC CONTROL MUST MEET IDOT STANDARD SPEC 2528 TRAFFIC CONTROL. 13. ME CONTRACTOR SHAL NOTIFY ME CITY OF ANY SIDEWALK CLOSURES OR CHANGES IN PEDESTRIAN PATTERNS DURING CONSTRUCTION. ALL CHANGES AND DISRUPTIONS SHAT SE MINIMIZED. TRAIL ALIGNMENT G IS TO SE USED AS A TEMPORARY PUBLIC THOROUGHFME DURING CONSTRUCTION. A 10 FOOT WIDE AGGREGATE SURFACE TRAIT IS TO BE MAINTAINED FOR PUBUC USE DURING CONSTRUCTION UNTIL TRAILS ME AVAILABLE (SEE STAGING NOTES). MINIMIZE COMPLETE TRAIL CLOSURES AS MUCH AS POSSIBLE. 14. CONTRACTOR SHALL MAINTAIN ME STORM WATER POLLUTION PREVENTION PIAN AND ASSOCIATED EROSION CONITiW. ME CONTRACTOR SHALL HAVE A COPY ON-SITE DURING ALL CONSTRUCTION ACTMTIM AND UPDATE ME PIAN AS NECESSARY IF CHANGES OCCUR. WEEKLY INSPECTIONS AND SWPPP DOCUMENT UPDATES ME INCIDENTAL TO 'SWPPP MANAGEMENT BID REM. 15. CONTRACTOR SHV1 FINISH GRADE AND SEED AS PER SPECIFICATIONS. SEE GRADING NOTES. 16. PLEASE NOTE THAT THERE ME MULTIPLE SANITARY PIPES AND STRUCTURE ONSITE THAT ME CONSTANTLY ROWING. CONTRACTOR IS TO TME EVERT' PRECAUTION AGAINST DAMAGING ONSITE LMLTIES, AND WILL BE RESPONSIBLE FOR ALL REPAIRS NECESSARY WE TO DAMAGE. 17. THIS SIZE IS M ACTIVE FLOODPVJN, FLOODING AMY COME IRON ME IOWA RIVER. OR RALSTON CREEK. RALSTON CREEK EVENTS TEND TO BE FUSITY (FAST AND BRIEF). WHEREAS IOWA RIVER EVENTS ME MORE PREDICTABLE BUT LAST LONGER. ME IOWA RIVER FREQUENTLY CAUSE BACKWATER TO RISE TO 632 OR GREATER AT THIS SIRE IN ME EVENT OF EXTREME FLOODING DURING CONSTRUCTON, CONTRACTOR SHALL BE PREPARED TO EVACUATE EQUIPMENT AND MATERIALS TO HIGH GROUND. 18. CONTRACTOR SHALL. INSTALL CONSMUCTION FENCE AROUND ACTIVE CONSMUCTON LIMITS. AND ALONG TRAILS USED BY ME PUBLIC WRING EACH PHASE OF WORK TO PREVENT PUBLIC ACCESS WMIN REASON. 19. CONTRACTOR SHALL MAINTAIN RE,SONABLL SURFACE DRAINAGE OF SITE WRING CONSTRUCTION. All. WORK IN RAISTEON CREEK SHALL INCLUW REASONABLE MEASURES TO DIVERT, OR BYPASS PUMP STRW,1 FLOW AS MUCH AS POSSIBLE WRING CONSTRUCTION. SUMMER AND FALL 'BASE FLOW' (NOT DURING OR IMMEDIATELY AFTER RAN EVERTS) IN RALSTON CREEK IS TYPICALLY LESS THAN 2 CUBIC FEET PER SECOND (-900 GPM). ENGINEER GM PROVIDE TYPICAL STORM ROW ESTIMATES IF DESIRED. PHASE 1 STAGING NOTES: (FOR REFERENCE ONLY STAGE I SHALL INCLUDE. CLEARING AND GRUBBING ON ENTIRE SITE STRIP AND STOCKPILE TOPSOIL FELL AT SOUTHWEST CORNER OF SITE (ROUGH GRADE UNDER TRAIL A FROM 109+50 TO 112+40) TO PREP FOR TEMPORARY TRAIL (TRAIL A AND G) CONDUCT RIVERBANK GRADING (SEE GRADING NOTES) AND EITHER INSTALL PERMANENT SEEDING, OR INSTALL TEMPORARY EROSION CONTROL SEEDING, BETWEEN TRAIL G AND IOWA RNER INSTALL TEMPORARY AGGREGATE TRAIL (OR TRAIL G IF THE ALTERNAM IS SELECTED), AND INSTALL ORANGE CONSTRUCTION FENCE BETYEFN TRAIL AND ACTIVE CONSTRUCTION INSTALL TRAIL B AND ASSOCIATED WORK (OPEN THIS TRAIL TO PUBLIC USE AS SOON AS PWCIICAL) STAGE 2 SHALL COMMENCE AFTER PHASE I TRAIL CONNECTIVITY IS COMPLETE (TRAIL G ALIGNMENT} REMOVAL OF EXISTING TRAIL RAILROAD BRIDGE AND RAILS. EXISTING DRNEWAY, ETC. RAILROAD BRIDGE MATERIALS TO BE WD OUT ONSITE FOR INSPECTION AND POSSIBLE REUSE. USE REASONABLE CARE IN REMOVING I -BEAMS. ROUND PILINGS (CUT ABOVE GRADE, DO NOT PULL OUT OF GROUND), HORIZONTAL TIMBERS, RAILS, TIES MASS GRADING FOR STREAM AND WETLAND (SEE GRADING NOTES) FINISH GRADING OF STREAM AND WRIANO FUTURES INCLUDING FABRIC ENCAPSUUTED SOIL URS (F.E.S.L.). ROCK RIFFLE STRUCTURES, LIMESTONE OUTCROP STRUCTURES (INCLUDE WRIAND SEED MIX INSIDE OF F.E.S.L FABRIC) TRAILS AND BRIDGES STAGE 3 SHALL INCLUDE REMAINING TRAILS (AND CIRCLE DRIVE AND PARKING LOT IF ALTERNATE IS SELECTED) FINISH GRADING, TREE AND SHRUB PIANTING AND SEEDING PARK AMENITIES REMOVAL OF EROSION CONTROLS AFTER MINIMUM 709 SURFACE STABILIZATION BY VEGRATON PHASE 2 STAGING NOTES: ALL OF PHASE 2 (NATURE PLAY MFA) WORK MUST OCCUR CONCURRENRY WITH 'STALE 3' WORK OF PHASE 1. CONTRACTOR S RESPONSIBLE FOR COORONATKIN CONSTRUCTION SCHEWUNG AND MATERIAL DELNEE ETC. WITH PHASE 1 CONTACTOR. FILED 2511 JUN 20 P11 3.. o CISY�R��,I MIN conFLUEnCE LANDSCAPE ARCHITECT CONFLUENCE 0002ND STREET W. CUTE 1M CEDAR RAPIDS, A SUID1 PH: 319A09.8101 HRGreen CML ENGINEER HR GREEN INC $710 EMHART LANE SW CEDAR I 1A 524W PH: 31$.11 1.1000 CONTACT'. APRON GER IA Y LL /'Q Q ^LL'^ w vJ C( (D Q z g v3 0- U) W NO cr L.I_ Z) U Q Z Z I O N / W LL (n L.L = LLI LJ. SUBMITTAL DATES ISSUED FOR 07-1&2017 3RD SET GENERAL NOTES COFFLUBNCEPROJECTNU 151082 C1 ConFLUEf10E LANDSCAPE ARCHITECT CONFLUENCE 9002ND STREET SE, SUITE UA CEDAR RAPIDS, A 524M PH: 319A09.5101 HRGreen CML ENGINEER HR GREEN INC. 8110 EARHART LANE SW CEDAR RAPIDS, IA 52406 PH: 319011.60W Y ( ,^ , 'v/ V Q zg� aL) N) W Q LL U Q o Z Z O N U W ILL w \W °- LL SUBMITTAL DATES ISSUED FOR 07-152017 BID SET ESTIMATED PROJECT QUANTITIES COKLUENCE PROJE4TNO: 16105,2 C2 OPINION OF PROBABLE CONSTRUCTION COST RIVERFRONT CROSSINGS PARI( - PHASE 2 CONFLUENCE AND CITY OF IOWA CITY P REPARED BY- CONFLUENCE AND HR GREEN ING Old Form -G=XH7 Fl ED ITBI ND. ABI CODE ITEM DESCRIPTION TOTALTOTAL O V "MIST 31 PHASE 2•NATURE PLAY AREA -- DIVISION 1 -GENERAL 1 I 1070.20SA4 TRAFFIC CONTROL Li gVISION 2 - EARTHWORK 2 201610801 TOPSOIL, ONSTTF, 8INC( DEPTH (SPREAD) CY I.mw 3 iMD10B02 COMPOST FOR RWSOIL AMENDMENT CY 30.00 I M0 -105-L-0 COMPACHONTE3TOIG L8 1 DMSKRI S - TRENCH AIS) TRBIOS.ESS CONSTRUCTION 3 1 S016108K0 GRANULAR BACKFLI. CY SAD ONISM 4 -SEWERS AND GRAINS 5 1 N116105A-0 SUSDRAN, SOUR WALT, PVC r LF 13200 ONIsm I-STRUCTUES FOR SANITARY AND STORM SEWL9f5 7 SPECML INTAKE, GST IRON DOMED NYLOPUSTOR EQUIVALENT VT DIAMETER EA 1 OMSKR BAIS)RB.AY.PWaBK 7030.10 0 7o»+Data WALKWAY, PCC, 8 MCH BY B93ao 9 703010500 ISPECIAL SUBGRADE PREPARATION FOR WALKWAY BY SKIM 10 SPECIAL SUBBASE FOR LIMESTONE FLAGSTONE, 4INCH PCC DN TYR SUBGRADE BY 88.00 11 SPECIAL DAY STREAM CROSSING AT FLAGSTONE PAM. REWORDED PCC FOOTINGS U I 12 SPECIAL PLAY EQUIPMENT FOOTINGS EA 12 DIVISION 8 - SITE WORK AND LANDSCAPING 13 901010 -O CONVENTONAL SEE DING, FE RTLONG AND MULCHNG(SUOIS TYPE 1) AC 0.30 11 9016105A-0 CONVENTIONAL SEEDING AIA MULCHING (CUSTOM NATIVE GRASS AND WILDFLOWER MCCURE) AC 0.10 15 9016108" WATERING LS 1 78 90301088-0 TREES WITH WARRANTY, LARGE, OVERSTORY. BSB, 7 CALIPER EA 5 17 90g108S0 SHRUBS WITH WARRANTY. S GALLON EA 24 15 903D1011" GRASSES WITH WARRANTY, 1 GALLON EA N7 DMSION 12 -SPECIALTY ITEMS 19 UMESTONE BOULDERS OF VARIOUS SIZES TON 8.00 20 LIMESTONE NATURAL BED FLAGSTONE, 3INCH TON O.7D 21 ROUNDED RIVER ROCK, WASHED, 2 TO B MCH DIAMETER TON 1BOD 22 PLAYGROUND MULCH- ENGINE ERE D WOOD FIBER MUCH CY 110.00 b PLAY SAND CY 2200 24 WOUNBINGWEB-UME EA 1 25 LOGUNBINIWEB-SMALL EA 1 N DINCBUAR SKELETON RE CAGE EA 1 27 URGE STEPPER RUN EA 1 28 SMALL STEPPER RUN EA i N RECUNIED RAL BALANCE BEAM NEST LS 1 30 STEPPER ROCK CLIMBER EA 4 31 THE PEAK ROCK CLIMBER EA 1 32 THE PANTE ROCK CUMBER EA i 33 THE PINNACE ROCK CLIMBER EA 1 3/ RA9ROAO TE STEPPER MWNDS EA 3 35 DRV STREAM BED FEATURE U 1 3! HISTORIC SABIN ARCH POOL FEATURES EA 2 37 TUMBLE MOUND WITH TUNNEL AND TMBERS EA 1 30 SQUARE POST BALANCE BEAMS EA 1 30 FALLEN TREE LOG SLIDE a TUNNEL EA 1 N SEASHELLFOSSLDK3 EA 3 Al DNO FOSSIL OD EA 2 42 RAILROAD ME ZIPPER EA 1 43 W HEAVY LAITY WHALE DRUMS EA 1 N Sr HEAVY DUTY WHALE DRUMS EA 1 tl LOGCRAWLTUNNEL EA 2 M LOG STEPPERS LS 1 47 aPLME EA / N OOOLE SWING EA 1 N 50 EAPRESSION PAREHOCH00 SWING CITY STANDARD BENCH EA EA 1 8 51CITY STANDARD RECEPTACLE EA 2 52 1 114EAM BENCH EA 8 TOTAI. 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ML TER [KLIDES ALL I.: NO MTERLL BKESSRIIY M COMPLETE ME PURNIMSM W INSTALLATION O ME MINIMUM MIL2M NRN ALL CMTIES/PNINT, MRWNf ANDAAHRYADEA AS BFdILEE IX ME MD6. ESTIMATE REFERENCE INFORMATION SEEN M. STEM mOE LTw sarAvrAl DrvxsM TO - orlWma R ]X10 -]N -A -O d 1100L. RVM'RL FF YOd KBL AND wS AIDLE P as Lu A. REFER TO X -ARK'S Fd AEMrvAI I... '^ �V•^/, V zg� O Q EL w_ T A, 1.MM .1 REMENAI OF MATH MAHOUT HALL, FIIIDZ MUS i S AA SMALL CHANNEL 9L BE CVT CLEARLY YO EVENLY CONS UQ EO Mid ME NATURAL CHWAt GOTTEN BE EVAL[d. C, MIEN iD RDOVIND DEMOLISHED MTCHNLS FOM ..T Stn, CGR MaM G, CONTACT EMENEH MOST MIEN'S R R REEVE TO dKR R RIIV MM'ISN[D Z MnR2M5 ARE TO BE RADIO M-Sln. AT ]X10 -100-A-0 KM1L2T[d K. ..I OF RAILROAD TACH LU (L A. AFTER YO H'WRTS FOR REMOVAL I... -J IRED 1-CVnT. OF B. MILLIONS PHIL RELAPSE U RAILROAD TRACK, IKLMMB IIJLOEA TIES, 2NAg5 YLMIB ME C UIA TLIRI ANY REHY0 MAY5 AL ME MDPERIV LINE MALL BE MCIDENTAL. Lu, C. 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CUAMACFM MAIL PHI SHO DMMEXIS MANUFACTURER MIFACTURER SPECIFICATIONS L E EM AW (AMOCO'S REPRESENTATIVE WR AfVIEM AND MPOWPL PRIM M MAKEMD INSTALLM NAMES, M REFLA i0 V-SMEETS FOR RELATED DETAILS AW INFORMATION. T. REFER TO R -ANKH F0 0.M VLM LIXPTIOM. T4 1505-40BiOR STEEL EM NYROMR 3 1505-983]]30 STEEL EM DbROMIL TA.T FID TI..., AS 1K -. A. REFER i0 D-SMETS FOR W. MAN AID MTPILS. e. SEEM TO TWA BM SEAGRAM WAD PLEAS M 2% MD PLA MS. AND IDM WT MARGARET SPKIFICA , SECTION ssNG C. ME CMnKTM SMALL IMTALL NEAR POSTS WITHOUT IMPACTING THE EXISnE REMM ED CMRFn BM COLVENT. I6 32 -MEAT u_.N.f DRCRO IMS N. REFER TO SM[IF[CAlld F0 MLL5L1 RKVIflf EXLS MD IYSiPLLPTIOX PMC®DIES. A. REFER TO f- MEETS FM AMROXTMTE PLAN VITAL LOCATIONS AID U -MISTS F0 EFilf DETAILS. (. Cd XTM TO YAR RIM NUMBER TO CITIBANK PLKBIHIE OF SLABS OMUff. MTESMALLEN LLL BE PAID PER L0 R LIMESTONE PLACE 6 INCHES TO I OC IN MICKYESS AE WHEN. 3 FEET E S FEET (TOKEN TO FIT M EOM) E. 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HN LL STALE' BLODM (FORESTRY I TO 4 FEET IN MGM). AILIMESTONE MALL BE AP%DXIMTFLY V X YMMM'MAL M E CMMKTM HILL E PAID T6 COMMIT MR MR ICE PTM. MIS MAIL E CONSIDERED FUEL CDPER4iIOM FOR MMSSEM ALL TELLS, WILMOT, LADE AID MTERMLS MKESSMY i0 IRTALL ME LIASMNE MAUSTON IN COMPLIANCE IRM ME CONTRACT BRU ENIS. C. MI OR i0 R -MR EEFM ALAE IMPoMPnM. E LIMESTONE HTML BM FLAGSTOPE, 3 IRON A. LEMESTE AAM SMALL K FORMED 3 INCH MICKESS, STEM BROKEN EMS, MRDXIMTELY 1.5 BY 9 FT RECTMOHLAR SLAB® SLAGS. O L BE CONSIDERED FULL ESTIMATION FOR RIMI9RE ALL TOOLS, BETEEMYT, LABOR 01MRM ELL M PA COMPACT BUT RINE MR TON. M TI MO MTFALLS NECESSARY id IMSTKL WE LIMESTONE MLIMUE IX CMPLIAANE IRM ME IONLKT SUNNI [. REFER M R -SEEMS iM ETRE MEOSYTM. E 31 INS FWIC ENCAPLAATFD SOIL LIFTS A. REFER i0 E-MFEYS FM KM PIR LOGnMS, LLMEETS M. CMSTEATIO AND TYPICAL DETAILS. B. REFER TO SPECIFICATION 31 INS) FDA MITCHELL SWIMSUITS, CMSISCTM DS@AYCE IIM MEMORIES PAYMENT AND IEA9MBMIT. R ADULT ExCI.. 9MRI'. 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LANDSCAPEARCHITECT CONFLUENCE 9002ND STHEET SE, SUITE 1d CEDAR FARM A52M1 PH: 319,409.5401 —m ■ SI CIVIL ENGINEER HR GREEN INC 9710 EnRHART LME SON CEOPR RAPIDS, R 5244 PH: 319.M1,4000 CONTACT: PARSON G11NNNUP SUBMITTAL DATES HAE SPA 1 -1 GRANT ISSUED FOR W-162H1T BID SET ESTIMATE REFERENCE NOTES CONFLUENCE PROJECT HM 151052 C5 LL as Lu '^ �V•^/, V zg� O Q EL w_ : UQ 0 Z r NO (.1 I.A_ N V, 2 U LU (L SUBMITTAL DATES HAE SPA 1 -1 GRANT ISSUED FOR W-162H1T BID SET ESTIMATE REFERENCE NOTES CONFLUENCE PROJECT HM 151052 C5 -� STORM PLAN 650 645 640 635 PROFILE VIEW OF STORM ALIGN 40 -0+60 -0+30 0+00 0+30 0+60 0+90 2 STORM PROFILE s u,• -3a 1+20 1+50 1+80 2+10 2+4U 650 645 640 ' 635 2+70 COf1FLUEnCE LANDSCAPE ARCHITECT CONFLUENCE BO msT ETSE.SIATEIa CEDAR RAPIDS, IA52101 PH: 319.".5401 HRGrew CML ENGINEER HR GREEN INC. 8710 EARHART LANE sW CEDAR RAPIDS, IM52404 PH'. 319 I.UM CONTACT'. AAROR GNNNUP m L.L Q �! '^ w VJ N Q QJ� � LLJ L�- U O x 3 O U Q o F-z� z O N U p. 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IA 5201 PH: 319.011.4000 CONTACT: AARON GWINNUP Y Q Q W U � 0 } G_ LLI 0 U O Z O Z O � IL N W < U � T_ W SUBMITTAL DATES ISSUED FOR 07-7&2017 BID SET NATURE PLAY KEYNOTE PLAN CONPLUENCEPRO.ECTNO: 15IN 2 J1 PROJECT LIMITS 27 Al ,, wwwwww. wwwwwwwwwwwwwww wwwwwwwww-=' v ldld NIVHQ WUO1S aa;;;;;� � FO' � FU / F6 / \I R46- 0 8;01 ♦/ / 164 (\ \ \-*,`-,i 18 ♦ 17 ♦ � • • LAYOUT NOTES: 1. PAVING DIMENSIONS ARE TO BACK OF C LtdD OTHERWISE NOTED. V2. r AND TOPOGRAPHIC INFORMATUW lliA6N FROM SURVEY 3.IALL BE IN ACCORDANCE 0TH OSHA CODES AND STANDARDS. NOTHING INDICATED ON THESE DRAWINGS SHALL RELIEVE THE CONTRACTOR FROM COMPLYING WITH ANY APPROPRIATE SAFETY REGULATIONS. 4. VERIFY COORDINATES PRIOR TO CONSTRUCTION. 5. CONTRACTOR TO SUPPLY AND INSTALL ALL NECESSARY SLEEVES UNDER PAVING AND WALKS. 6. PROPOSED SIGNAGE TO MEET CITY CODES FOR GROUND SIGNS. PCC PAVEMENT CONTROL POINT DATA POINT ID NORTHING EASTING 01 606530.12 1 02 Ri 2177551.40 03 606591.18 2177562,16 04 608581.39 2177578.97 05 606574.79 ,, wwwwww. wwwwwwwwwwwwwww wwwwwwwww-=' v ldld NIVHQ WUO1S aa;;;;;� � FO' � FU / F6 / \I R46- 0 8;01 ♦/ / 164 (\ \ \-*,`-,i 18 ♦ 17 ♦ � • • LAYOUT NOTES: 1. PAVING DIMENSIONS ARE TO BACK OF C LtdD OTHERWISE NOTED. V2. r AND TOPOGRAPHIC INFORMATUW lliA6N FROM SURVEY 3.IALL BE IN ACCORDANCE 0TH OSHA CODES AND STANDARDS. NOTHING INDICATED ON THESE DRAWINGS SHALL RELIEVE THE CONTRACTOR FROM COMPLYING WITH ANY APPROPRIATE SAFETY REGULATIONS. 4. VERIFY COORDINATES PRIOR TO CONSTRUCTION. 5. CONTRACTOR TO SUPPLY AND INSTALL ALL NECESSARY SLEEVES UNDER PAVING AND WALKS. 6. PROPOSED SIGNAGE TO MEET CITY CODES FOR GROUND SIGNS. PCC PAVEMENT CONTROL POINT DATA POINT ID NORTHING EASTING 01 606530.12 217754.78 02 606561.23 2177551.40 03 606591.18 2177562,16 04 608581.39 2177578.97 05 606574.79 2177583.74 06 60653420 217757525 07 606529.67 2177588.57 08 606497.33 2177574.73 09 606495.31 2177566.80 11 606478.18 2177684.13 12 606479.65 2177569.97 13 608481.62 2177577.72 14 606459.03 2177585.73 15 606455.68 2177578.46 18 605453.17 2177573.01 17 605435.64 2177584.96 18 606439.91 2177589.21 19 60645.58 2177594.85 20 606432,85 2177650.80 21 606439.65 2177646.58 22 606475.91 2177694.94 23 606485.30 2177691.32 24 606512.21 2177702.06 25 608516.56 2177710.06 26 608559.16 2177695.96 27 606561.30 2177703.87 28 606599A2 2177623.97 29 6066)7.11 2177621.75 Low SCALER"=30' I� NATURE PLAY AREA -KEYNOTE PLAN o' 1 15' 1 30' 1 wl T I conFLUEncE LANDSCAPE ARCHITECT CONFLUENCE 9002ND STREETSE, SUM 104 CEu RAPIDS. A 52101 PH: 319.109.5401 CIVIL ENGINEER HR GREEN INC 871DEARHARTIANESW CEDAR RAPIDS, IA 52404 PH: 319.541.4000 CONTACT: AARON GNNNUP Y Q Q W U7 of Q a U) o 0 �Z z' O (V U 0--W 1 < 1 D� S W rid SUBMITTAL DATES ISSUED FOR 07-i&201] BID SET NATURE PLAY KEYNOTE PLAN CO FLDENCEPRDIEGTND: 151052 J2 ,� L '.• 170782 5T SEASHELL FOSSIL DIG r �170 793 DINO Wcp FOSSIL DIG SUPER TURF II �HYDROSEEV, HY VRO TVRF INSTKL PER M^NUFACTURERS RECOMMENDATION. .a4 • 11111 PIPE111SIAT \ 1 ERNES SIDE rd . P CP MOVND FRO �•� C - �PAWCENT LEVEL GROUODNO C O TIMBERS TO RETAIN STEEP SLOPES. BURY To SIE MIN. ,T4 / 1'd^ \ A \ .r4 RIE Mluw1°a4an � / ,'� PLAN: PEAK CLIMBER BY LANDSCAPE STRUCTURES ,IM PLAN: LOG CRAWL BY LANDSCAPE STRUCTURES I \ v i11Ltl[ SPECIAL NOTE'. FOR ALL LW DBCAPE STRUCTURES FEATURES, REFER TO MANUFACTURER'S PRCOUCT INFORMATION FOR AODITION4 NFORM NON REGVgDINO SIZE AND INSTAll PR SA 2r4 10 PLAN: SEASHELL+ DINO FOSSIL DIG BY ° PLAN: TUMBLE BERM WITH TUNNEL, TYP. 5 PLAN:'PINNACLE' BY LANDSCAPE STRUCTURES ' PLAN: 'THE POINTE' BY LANDSCAPE STRUCTURES JD LANDSCAPE STRUCTURES J° 'J 'J $C81bOfpIDNnL�y Vsastenaau.'nmxn.n�va SPECNLNOTE'. 154 INSTKL PER M^NUFACTURERS RECOMMENDATION. / LIMPER, SEE J1FOR Spy MDDEL AROSIZE 1 s4 p G N9EDANADE tw eSHREDDED N f SHREDDED H MJ.cN .r -Y FALL ZONES E, MIN. I'T MIN. VI I°°110 / COMPACTED SRAPER IMNPK \ SASE / SUBBSSEFACTER b \/ MAWFACNRERS REWIREWSTS / conFLUEnc LANDSCAPE ARCHRECT CONFLUENCE BOB 2ND STREET BE, SUTE 1M CEDAR RAPIDS, LA 52101 PH: 319.101).5W1 HRGreen CN L ENGINEER HR GREEN INC. $710 EARHART LANE sW CEDAR RAPIDS, IA 521M PH: 318.811,1000 OONTACT:PARONG'MNNUP aLU W V zg� (LLLI U 0x3 0 U a o Z. O N U LU LL U) lo� a W SUBMITTAL DATES ISSUED FOR 07-1&2017 BID SET NATURE PLAY DETAILS '.':N -LUEu EPROJECTNC: ISIN_R J3 SPECALNOTE: WEN.... WARTFOEB ANO VARIATIONS IN REOIAMEDIMTEA... UWSCNE ARC NMCTS ML BE AVAILAME FOR OXSRE COORDINATION WNMG INSTALLATION. ANGLE SFECVLNOTE'. W E TO UNKNQ'M O W NMES ANO VARKT ONS IN R ECUMED MAT£RNLS. UNDMANK MCHIIECTS V RL SE AVARABLE FOR ONSITE CWRUN4TON WRING NB LUHON. ANGLE BRIDGE NO 'O LOG PILE BEAMS (LARGE) F011 J ;sssFINISH GRACE TO BE LEVEL MRTH TOP OF RAILROAD TIE r CAN, s, ,1M RECLAIMED RAILROAD TIE "ZIPPER" SPECML NOTE: LEN UNIONCVM QUANTITIES AND VARIATIONS IN REQMIED MOTENMLL MPRFD 50' BY IANDSCAPE STRUCTURES ANPttAPE ARGNTECTS VML BE AVNIMIE FOR ONSITE CDORCIXATON WRING NSTALUTION. INCLUDES LPRROOM ASSISTED AODRIONAL MY HEIGHT RANOOMLY VARIES r-30' SPECLLLNOTE: WEMONglIXrtl WkNITTIE5ANDVPIUATI MMRECUMIEOMAT .. LANDSCAPE ARCNITECTS NILL BE AVARABL£ FOR ON NTE COORMFNMN DUN. R RTALUTgN. .rte a-0. RANDOMLY VARIEBT-30" FDECNLNOTE: ONE N UNM1MNN WNIPTIES AND VARIATIONS IN RECWMEO MATERIALS. LINOS W E ARCHTIBM NILL BE AVAIUBLE FDR ON9RE COORDINATION DURING INSTALUTIM is ZIPLINELOG PILE BEAMS (SMALL) NOBI is SQUARE POST BALANCE BEAMS RAILRMDTIESANDREANS RECUIMED FROM BRIDGE DEMO, ConFLUEnCE LANDSCAPE ARCHITECT CONFLUENCE 900T BE,SUTE 104 CE o WuiD1 1 2Z, 7 y a on �I TCXL UWAR HR GREEN INC. 0710 EARHART IANE SW CEDAR RPPIDS, IA 52401 PH: 919.841.4000 CONTACT: AARON GVANNUP v Df LL LU U) v �g� O fy 13 0 azo Z T- LL I N W < U Lu %N LL SUBMITTAL DATES ISSUED FOR 07-1&2017 Bio sET NATURE PLAY DETAILS CONFLUENCE PROJECT NO: 151N 2 J4 FILED P-RH 0.JH P -EB Lffi e'1011 JUN 20 PM 3' 4� J S -AV J RRH p. px P -PA CJTY C aaV WA P-RH 4 1 &AV P -PA rvPG o -°C 3 J6 PPF P -PA ,— ' r P� L `c JS IIA A PPA i iv M1�N1 b P LIMESTONTONY T - E E nt N �g'!• a .'v , / Y , Y _ v SALVAGED 'y` L Mi STE DTIE t 1 TIMBER 8TEPPER I \ I TiMeev�s \\ r A P -PA T[Prw9. PPA V SHREDDED PPA 3 S -AV L Eyl HARDWCCDMULCH RPA 0.RH 3 EPV 1 SHREDDED t 4 ] S -AV t P -RN NABDWCOD MULCH I tf! P -ES S NRH P-RH J 3 M$ 3E PLAN: STEP RUNNER (LARGE) 1�PLAN: STEP RUNNER (SMALL) ALTERNATING FIAOSTONE ALTERNATING FIAGSTONE AND RECLAIMED RAILROAD TIES. AND RECWMED RAILROAD TIES. COMPACTED AGGRECATEP DEPTH COMPACTED AGCREGATE4 CEFTH I SHR ww EwmG,p �m MULCH /, ` e 1 1' %'✓�� SHREDDED D MULCH / v 1 i 7 taa ry ,45 SECTION: STEP RUNNER (LARGE) -1 Fn SECTION: STEP RUNNER (SMALL) ConFLUEf10E LANDSCAPE ARCHITECT CONFLUENCE 8002ND STREET SE, SUITE 104 CEDAR RAPIDS, A 52401 PH: 019.b .5401 HRGreen CML ENGINEER HR GREEN INC STtDEARHARTIANESW CEDAR RAPIDS. A 53404 PH: 318.841.4000 CONTACT: AARON GNINNUP L.L W U) IY V Q V) ULl � a O wLL 3 O Q Q Z Z 0NL) L1L w LCL / W LL \LLL LL SUBMITTAL DATES ISSUED FOR oT-1B-zo1T BID SET NATURE PLAY DETAILS CONFLUENCEPROJECTNO: 15106_2 J5 APPROXIMATE WATER LEVEL VARIES THROOGH W T STREAM 4 LAYOUT SEWA E PLANFE AFIRQND SEE LAYOUT N FCR PPPROX SEE R-AGSTFCR FLAGSTONE JOINT 2 X S TREATED WOOD LOCAT SIZE AND LOCATION FLAGSTONE PLPIA ,g• ECWMEOIAEAM RNER ROCK IIJ'I PCC TRAIL, SEE TRAIL SECTION 4' TALK LIMESTONE STREAM CHANNEL ECCE. IZDT WIDTH 2% EXPANSION JOINT,, TYP. STREAM SH UST POURING HEIGHT 1"BAND 8EIIING BED 3'-C WASHEDED ftNER ROCK RIVER 2VV �Kxi. ^ PROVIDE t'8SEAT HEIGHT 4EMILEPDM PONDLINER PCC PAVEMENT SHALLOW STREAM BED TYPE I ON GEOTEXTILE FABRIC ////�// WTCROPPINGSTONE EtbFDHARDWOODI �j�gpEj1E COMPACTEDAGGREGATEBASE / / ` DSVBGPME ii TO SUB—III APPROXILNTEWATER LEVEL �� ITf 98% STANDAREPARATION 98% STANDARD PROCTOR. VARIER THROUGIpUT gTREAM d TB80NONBEFW➢NG UNDISTURBED SUMEADE OUTCROPPING BOULDER BEYOND \ m III SEE LAYOUT PIAN FOR ADPROX III III gIIE AND LOCATION F T1—I MACADAM STgiE BASE m -I I_I I-III-IIIIII-III COMPACTED_—I`' S ME Y THICK LIMESTONE STREAM CHANNEL EDGE I2U'WIOTH 'COMPACTED AGGREGATESUBFUSE 3T TWARNEDRIVER ROCK „o P..T SHALLOW STREAM BED TYPE 2 ,BM SECTION: PCC TO FLAGSTONE PAVING TRANSITION SECTION: SHALLOW STREAM BED, TYPE 1 AND 2 ,4A SECTION: FLAGSTONE TRANSITION AT CREEK ACCESS ,1M SECTION: I BEAM SEAT J FREESTANDING PLAY (SI2 YEARS) L �._ 135 TOSQUARE FOOTAGE SAN SOFT THE MAXIMUM FALL HEIGHT OF THIS STRUCTURE ]SM -.i'- F.' PLAN: COOLIE SWING BY LANDSCAPE STRUCTURES REFER TO PLANTING PENN FOR PLANT SPECIES 3' SHREDDED MULCH AS SPECIFIED YF1488�g PUNTING BOIL MIX, REFER TO FILMING DETAILS FOR DEPTH OF SOIL M. wrlR,.gIMwM4 PUNTING SOIL MIX, REFER TO PIANTNG _ DETAILSOR DEPTH OF SOIL MM 1 BOTTOM IOf FLAGS ONE COVER 1 BOTTOM 1' CF FLAGSTONE FINISHED EDGE �+ SNAP EDGE 'BARRIER EDGING' r- r UNDSCAPEPAVER EDING 1�I PRODUCED BY SWAP EDGE CORP. FINISH:BUCK / SIZE 2 x2NA"x0P lul' 1 / INSTALL PER MER. 11"SPECIFICATIONS II ILy C w 10"x 32' LANDSCAPE SPINS. A urvna L SPIKE TO BE INSERTED AT EVERY / \ END, CONNECTION, AND IS. MODIFIEOSUBBASE PREPARED SUBGRADE m UNDISTURBED SUBGRADE DO S' CASSIDY BENCH BY BARCO PRODUCTS J, SECTION: FLAGSTONE EDGING TRANSITION AT LAWN, EYP. PCC WAUWAY, TYP. 12" SONOFLE%'P EKP. JT. NTH ITT'DEPTH ALUM. GRAY CORRUGATED AL SONOUSTIC NP1 OR NP2JL CORRUGATED DECKINGG-MMIN.IN. 1.0 MM THICKNESS SEALER OR SIMILAR J4 x T4"SLIP DOWEL WITH LIMESTONE OUTCROPPING UNDER WAN(WAY PANSION TUBE, 2P O.C. CROWING OF STREAM EDGE EX CENTER IN CONCRETE FLAGSTONE CREEKACCESS 1'SANDSETTNGBED • J TKC PAVEMENT I MODIFIED SUBGRADE, TYP, �i��` �. �V A Af • /�� // i PREPARED SUBGRADE III III -1 L I I I_I I III 11 TI=1 I—II IIIHill1—III—III L REBAN®1PO C. VERTICAL B IKKNIZONTAL 1 RNER AGCI(TTP. L 1 g- IS MILPOND LINER _ S I. PCC TRENCH FOOTING APPROXIMATE WATER LEVEL •{--1 COMPACTED SUBGRADE AS SPECIFIED SPECIAL NOTE: -THE CONTRACTOR IS RESPONSIBLE FOR COMPACTING MY DISTURBED SUSGRPLE TO 95% SM. PROCTOR PRONTOANYCONSTRUCTION. ED. I ,3M SECTION: FLAGSTONE JOINT, TYP.. ConFLUE(10E LANDSCAPE ARCHITECT CONFLUENCE SOU 2ND STREETSE. SUM 101 CEDAR RAPIDS. IA 5201 FR: 319.40B.5401 HRGreen CIVIL ENGINEER HR GREEN INC. 8710 EARHART UNE SW CEDAR RAPIDS. IA 5200 PH: 318.841.000 CONTACT:AARONGWNNUP v,VnJ Q LL U �0w3 LL Z:) U U Q LZ LI �O N U Ix 'W^ ILL < of a W L1. SUBMITTAL DATES ISSUED FOR 07-7&2077 BID SET NATURE PLAY DETAILS CDNFLUENCEPROJECTNO: 1510811 J6 SPECIAL NOTE 1.) SEE MOUNTING PLAN FOR LCCATIONAND SPECIES OF PLANTS IN BEO R TENTKXE CELL 2.) REFERTOCWIL W ZINGS FOR STORM PIPE DESIGN 3.L NO HEAVY EQUIPMENT TO BE USED IN 810 RETENTION CELL AFTER SPECIFIED AMENDED SOIL MIXES ARE INSTALLED LITTLE SUCWIRW SEED ML%, PER UNITED SEED INC. EROSION CONTROL MAT, PLANTS TO BE INSTALLER THROUGX EROSION MA? TOPSOIL, AS SPECIFIED STOPMWATER PIPE OUTIET Y T CHOKER LAYER pGGREGATEJ I VARIES T DT..EES SEEPLIN HIGH MEADON MU. SEE LI FOR SPECIFIC SPECIES AND SPACING NEVER ROCK. AS SPECIFIED BIO ASTENTION I INFILTRATION MIX, SEE PUAEING PLAN FOR LOCATIONS. MINIMUM DEPTH 2V WRX A WELL BLENDED MIXTURE CONTAINING 33%TOPSOIL 33% RIVER SAND, 33%ORGANIC COMPOST EROSK IN CONTROL MAT. AS SPECIFIED. PLANTS TO BE INSTALLED THROUGH EROSION MAT. VARIES ° SECTION: RAIN GARDEN POOL, TYP. ,3R SECTION: R.R. RAIL AS EDGER, TYP. SECTION: SAND PROFILE, TYP. SPECIAL NOTE: 1) SEE PLANTING PIAN FOR LOCATION AND SPECIES OF PLANTS IN BI6RETENTION CELL 2) REFFATO CIVIL DRAWINGS FOR STORM PIPE DESIGN 3) NO HEAVY EQUIPMENT TO BE USED IN BIO RETENTION CELL AFTER SPECIFIED AMEND SOIL MIXES ARE INSTALLED TOPSOIL,ASSPECIFIED UNDISTURBED SUBGRADE 1YPAPPROX POOL OUTFLOW GAP8.2-J" VNOE 6d' DIA ANGULAR WASHED UMESTONE (VARIOUS SIZES) DRY STACKED UMESTONE OUTCROPPING MIR RIVER ROCK, AS SPECIFIED 45 MIL BEIM POND UNER ON GEOTEXTIM FABRIC, UNER SHALL BEGIN NITIIN 10 OF OUTFLOWUMESTONEWEIR. EROSION CONTROL MAT, AS SPECIFIED. PLANTS TO BE INSTALLED THROUGH EROSION M1NT E2 T SECTION I ELEVATION: RAIN GARDEN POOL OUTFLOW- STACKED LIMESTONE WEIR n SECTION: R.R. RAIL BALANCE BEAM CONNECTION, TYP. w3T POOL OUTFLOW GAPS, 2-3' VADE DRY STACKED UMESTONE OUTCROPPING MIR USE DOWEL BETWEEN VERTCE LLY STALKED BLOCKS.iE 31v DA ANGULAR WASHED LIMESTONE (VARIOUS 512ES)—� WATER LEVEL VARIES DEPENDING ON RAIN WATER RIVER ROCK. AS SPECIFIED 65 MIL PEW POND LINER ON GEOTE TILE FABRIC, UNER SHALL BEGIN BBTRIN 10OF OUTFLOW LIMESTONE WEIR. HIGH MEADOW MIX, SEE Ll FOR MIX SPECIES AND SPACING tef SECTION: STACKED LIMESTONE BLOCK OUTFLOW WEIR 45 MIL EPDM POND UNER ON GEOTEXTLE FABRIC, UNER SHALL BEGIN VATIIN 10 OF OUTFLOW NMESTONE WEIR. RIVERROCK,ASSPECIHEO 45 MIL EPW POND LINER ON GEOTEXTLE FABRIC, LINER SHALL CONTENDS THE LENGTH OF THE STREAM BED FEATURE. IHIF �COMPACTEOSUBGMD �i Ir0 } J7 I SECTION: SAND TO PCC PAVING TRANSITION CWFLUEnCE LANDSCAPE ARCHITECT CONFLUENCE MBD 2ND STREET BE. SUIS 1% CEDAR RAPIDS, IA 52,101 PH: 319.,109.5601 HRGreen CML ENGINEER HR GREEN INC. 5710 EARHART LANE SW CEDAR RAPIDS, IA 52601 PH: 319.811A00D CONTACT: AARON G4MNNUP Y �5g� O E Q U ¢ o Z Z ' O N U of W LL Q W2 LU a Nom_ I.L SUBMITTAL DATES ISSUED FOR 07-1&2017 BID SET NATURE PLAY DETAILS CCNFLUENCEPRO3ECTNO: 15100 2 R PBEVELg1ALL ROUGH EWES LWSTEPPERB- S9LVAGEGSRIDC£PIERS TO BE CUR AT VARIOUS LENGTHS. CUTS SHALL BE MADE PERPENDICULAR TO THE LENGTH OF SECTION. UNDISTURBED SUBGRADE JS 10 SECTION: LOG STEPPERS - VARIED HEIGHTS, -IYP. li D DURING f �. I AXON: STONE ARCHWAY, TYPE 1 MAINTAIN," MIN. CLEARANCE BETWEEN ALL MINTS TO ALLOW DRAINAGE THROUGH ARCH SEGMENTS 3- 5' RIVER ROCK MULCH. I MIN DEPTH. SEE L1 FOR PI TTI PIAN NOTE. L NDSCAPE ARCHITECT WILLBE AVAILAME ON SITE DURING INSTALLATION TO ASSIST WITH PLACEMENT OF ARCH SEGMENTS. FILtu 0B 1 SECTION: STONE ARCH AT PCC PAVEMENT, TYP. J ie SECTION: DISCOVERY FEATURES DEPTH, TYP. Ja AXON: EAST STONE ARCHWAY, TYPE 2 Ja SECTION: PCC EDGE AT RIVER ROCK POOL, TYP. 13 NOT IN USE Je �FU ONBITE WRING OFARCHSETOASSIBT W EA CONTRACTOR NT TO SUBMIT SHEGMENTS.I TO LANDSCAPE ARCHITECT CHITS SHOP DRAWINGS APPA POOR OINS FOR REVIEW AND APPPWALPRNM TOINBTPLATION. SO I SECTION: STONE ARCH AT PLANT BED/ROCK POOL, TYI COf1FLUEf10E LANDSCAPE ARCHITECT CONFLUENCE 91193ND STREETSE. SNITE 1w CEDAR RAPIDB, IA B9i01 PH: 319AD9.5401 HRGreen CIVIL ENGINEER HR GREEN INC. 9710EARHARTIANESW CEDAR RAPIDS, N 524M PM: 319.841.4000 /Y/ LL LCL `LU U) X (D � d U Cn O � � O U Q o �— Z Z' �0 LU I U f'W^ LLL/ < LL Lu o ry SUBMITTAL DATES ISSUED FOR 07-i&2077 BID SET NATURE PLAY DETAILS IS on we PROJECT LIMITS GRADING NOTES 1. PRIOR TO ANY SUE EXCAVATION, THE CONTRACTOR SHALL EXAMINE ANY APPLICABLE DRAWINGS AVAILABLE FROM THE OWNER AND/ OR LANDSCAPE ARCHITECT, AND CONSULT WITH O j2EP' E�Jf 'ES TO DETERMINE POSSIBLE UTILITY LOCATIONS AND DEPTHS. NO COMPENSATION WILL B L D F E RESULTING FROM FAILURE TO COMPLY WITH THIS REQUIREMENT. 2. SEE SPECS FOR MINIMUM DEPTH OF TOPSOIL FOR ALL LAWN AREAS AND PLANTIN nG BEDS. - 3. THE CONTRACTOR SHALL BE RESPONSIBLE FOR POSITIVE SURF A OL B� D SLOPED IN SUCHSA NOTED. ALL NEWLY GRADED GROUND SURFACES SHALL BE FINIc� 8101 MANNER TO BE FREE THAT CAUSE AREAS OF WATEthUNTR TOR SHALL REPORT ANY CONFLIC SFWITHRT THIS REQUIREMENT TO THE LANDSCAPE IA■mICOL HU ON PRIOR TO FINAL GRADING OPERATIONS.,anJ�}'A Ty- jcwA d. WHERE PROPOSED GRADES MEET EXISTING, BLEND GRADES TO PROVIDESMOOTH TRANSITION BETWEEN THE NEW WORK AND EXISTING WORK PONDING AT JOINTS WILL NOT BE ACCEPTED. 5. CONTRACTOR RESPONSIBLE FOR ALL PRIVATE LOCATES NOT COVERED BY THE IOWA ONE CALL SYSTEM. R A L S T O N C R E E K 101 NATURE PLAY AREA - GRADING PLAN SCALE: 1"=3o' a� 16 Sal COn1FLUEn10E LANDSCAPE ARCHITECT CONFLUENCE M 2ND STREET SE, SMTE 106 CEO w1m,M 52101 PH: 318.108.5101 HRGreen CIVIL ENGINEER HR GREEN INC. 8710 EARtWdT LVIE SW CEDAR IWIDS, IA 8606 PN: 315.861.1000 Y d LU U) Q' Q � d U OLu 3 0 U ¢ o ~ z Z ' O N U � W LL Q W 2 w a SUBMITTAL DATES F R NATURE PLAY GRADING PLAN CONFLUENCEPROJECTNO: 151052 K1 s p T- TD PROJECT LIMITS 1 lP-JE 4 0000 L A. 1 t ✓ o I _ ��� � � P- CA r1 P- BC _ 1 28^ T '�. 5 ■ SEE DETAIL 31J5 FOR PLANTING PLAN il� NATURE PLAY AREA - LANDSCAPE PLAN • J OVERALL PLAN - PLANT SCHEDULE FIBER MULCH o .• 0 4?_CA ^ P- BZ I BOTANICAL NAME *. I SIZE I 10 I SPACING K REMARKS TCN 1 P- JE OVERSTORY TREES YELLOWNOOD T Cr7u P"- MS - 206 - I 1 .}. T P- PA, - - 1 Ou.—lacobr SWAMPNMITEWK *�* BSB NCLE s1EM EE SOPM, sPECImExowun ,TGT 1 TVMIumdb um RAD CYPRESS TCAL BSB SPEC E-STEm F09M, Ti0 T P -MS 1 AMERKAH SYCAMORE L. 1 P -JE :h�IfV '�. 5 ■ SEE DETAIL 31J5 FOR PLANTING PLAN il� NATURE PLAY AREA - LANDSCAPE PLAN 45 II I JE IILI�III I I III IIYI I V 1 I I I iy Q rvxa � WW l NATURE PLAY - GROUNDCOVER LEGEND I.I �I.I 12" DEPTH ENGINEERED WOOD OVERALL PLAN - PLANT SCHEDULE FIBER MULCH KEY I OTY. I BOTANICAL NAME I COMMON NAME I SIZE I ROOT I SPACING K REMARKS TCN 1 Llaarestis keMukea OVERSTORY TREES YELLOWNOOD T Cr7u Tt Tzr I GIeGO¢iahunMosHama' 'NORTHERNACCIAIM'HONEYLOCUST T E AUq 749 1 Ou.—lacobr SWAMPNMITEWK 2CPL BSB NCLE s1EM EE SOPM, sPECImExowun T -TD 1 TVMIumdb um RAD CYPRESS TCAL BSB SPEC E-STEm F09M, Ti0 1 PWnus ottMenleW AMERKAH SYCAMORE L. DECIDUOUS SHRUBS 9 -CM 2 Cornus ma¢ CORNELWICHERRY DOGWOOD 5GAL 5M LAN 8L8 31 Cornus serkea'banE' RED M'IG ptYVIWR N. S.yL Y Pbumum kMeo NANNYBERRY VIBURNUM 5 CONIFEROUS SHRUBS BAy 12lt,.om-sAnna van ben ANNA'SW4 BALLARBGRVITAE 1 3GN- 1 CONT. REFERTOS'WS PERENNMLS p -BL 34 oW as psn0 SIDEOAT9 GRAMMA Y9Po CONT IS D.C. SPACING IN TMs&NCa p -BZ B3 CBHocfla a'BWe opal BWE9EDGE #9P4 CUNT I Y IC 9PAQNCIx Ma951NG5 P -CA 13 .01.a1F"e ra'W - HARD FCERSTER FEATHERREEDGRASS "P4 CONT. W 0.C.SMCINCINWssINW P -E6 84 ErepKG NIi¢ FURPLELOVEGRASS YSp4 CONT. IYD.C.SAA NGINWSSINGS P- IS i MlscalMm shen¢N omn L M 'MORNING LIGXT NISCPNTXUS #9P4 CONT. 3SOC. 9PACIXc xWsslrvCS p -PA I1 penn¢hum abpe[uroNeS Lytle unry FOUNTAIN GFA99 RM CgiT sSOCSPACIHGIN W55MGs P -RX OB RUEbeckNbrl9 BIACKEYED SUSAN YSP4 CONT XG C9PACINGNW NW P -SH 33 Sorobolus belxab la Ten PRWRIE DROP9EED TIARA' I9P4 CONT 3fOG 6PAGucm W55 xG5 45 II I JE IILI�III I I III IIYI I V 1 I I I iy Q rvxa � WW l NATURE PLAY - GROUNDCOVER LEGEND I.I �I.I 12" DEPTH ENGINEERED WOOD -. FIBER MULCH 11,000 SF OR 407 CY e" DEPTH ENGINEERED WOOD FIBER MULCH 3600 SF OR 67 CY 1DIAMETER FINER ROCK 1100100 SF OR 14 CY PLANTING NOTES: 1. SEED ALL AREAS WITHIN CONTRACT UMRS,NOT COVERED BY PAVING, BUILDINGS, OR PLANTING BEDS, UNLESS OTHERWISE NOTED. 2. PLANT QUANTITIES ARE FOR INFORDMTON ONLY; DRAWING SHALL PREVAIL IF CONFLICT OCCURS. 3. STAKE OR PLACE ALL PLANTS IN FIELD AS INDICATED ON THE DRAWNGS. CONTRACTOR TO NOTIFY LANDSCAPE ARCHITECT FOR APPROVAL OF STAKING PRIOR TO EXCAVATING PLANING PITS. 0. CONTRACTOR SHALL PLACE SHREDDED BARK MULCH AROUND ALL TREES AND IN PLL PLANTING BEDSTOADEPTHOF7. 5. KIND, SIZE AND QUALITY OF PLAN MATERIAL SHALL CONFORM TO AMERICAN STANDARDS FOR NURSERY STOCK, ANSI 280-1882. OR MST RECENT EDITION. 6. THE CONTRACTOR SHALL REPORT SUBSURFACE SOIL OR DRAINAGE PROBLEMS TO THE INJDSCAPE ARCHITECT, T. THE CONTRACTOR SHAL SHOW PROOF OF PROCUREMENT. SOURCES OUANTTES AND VARIETIES FOR ALL SHRUBS PERENNIALS, ORNAMENTAL GRASSES AND ANNUALS WIT IN 21 DAYS FOLD OIMND THE AWARD OF CONTRACT TIMELY PROCUREMENT OF ALL PLAN NMTERML IS ESSENTIAL TO THE SUCCESSFUL COMPLETION ANA INITIAL ACCEPTANCE OF THE PROJECT. e. SUBSTITUTIONS SHALL ONLY BE ALLOWED WHEN THE CONTRACTOR HAS EXHAUSTED ALL SOURCES AND HAS PROVEN THAT THE SPECIFIED MATERIAL IS NOTAVAILABLE. TIE CONTRACTOR MUST PROVIDE W4AE AND VARIETY OFALL SUBSTITUTIONS TO THE LANDSCAPE ARCHITECT FORAPPROVAL PRIORTOPROCUREMENT. SUBSTIT.MONS SHALL BE NEAREST EQUIVALENT ME OF VARIETY OF PLAN HAVING SAME B. ALL PLANT MATEMAL SHALL BE NURSERY CROWN, SOUND. HEALTHY, VIGOROUS AND FREE FROM INSECTS, DISEASE AND INJURIES, NTH HAW OF GROWN THAT IS NORMAL FOR THE SPECIES. SIZES SHALL BE EOUALTOOR EXCEEDING SIZES INDICATED ON THE PLAN LIST. THE CONTRACTOR SHALL SUPPLY PLANS IN QUANTITY AS SHOVM ON THEDRAWTNGS. ConFLUEnCE LANDSCAPE ARCHITECT CONFLUENCE 8002ND STREET SE, SUIE 101 waw RAPIDS, w5zaD1 PH: 318.108.5101 HRGreen CIVIL ENGINEER HR GREEN INC 3110 EARHVRT LANE SW CEDAR RAPIDS, IA 52401 PR 319,841.4W0 CONTACT: AARON GWNNUP ^Y LL 'nom � V �0of� LL.Z:) 0 F- Z LL O O N U of w LL < Ix a LU LL SUBMITTAL DATES ISSUED FOR 07-1&2017 BID BET NATURE PLAY LANDSCAPE PLAN L1 E BUCKAROO' SEED MIX, INSTALL ■LTIF PER UNITED SEED INC. SPECIFICATIONS. 1120 SF PLAY SAND, TYP. (BJ 6" DEPTH 1920 SF OR 35 CY HYDTED. SUPER TURF II, PER UNITED SEED INC. PER UNI 5,760 SF TOTAL ConFLUEnCE LANDSCAPE ARCHITECT CONFLUENCE 8002ND STREET SE, SUIE 101 waw RAPIDS, w5zaD1 PH: 318.108.5101 HRGreen CIVIL ENGINEER HR GREEN INC 3110 EARHVRT LANE SW CEDAR RAPIDS, IA 52401 PR 319,841.4W0 CONTACT: AARON GWNNUP ^Y LL 'nom � V �0of� LL.Z:) 0 F- Z LL O O N U of w LL < Ix a LU LL SUBMITTAL DATES ISSUED FOR 07-1&2017 BID BET NATURE PLAY LANDSCAPE PLAN L1 SEO SE� Lt FOR TYPE LOCATION. 17 JUN 20 PM {VTY CLER 1�A CITY, i0 TOPSgL F, III DISC AND RARE FOR ROCK REMOVAL SECTION: TREE PLANTING DETAIL, TYP. SECTION: TREE PRUNING DETAIL, TYP. NOT IN USE SECTION: TYPICAL TURF PROFILE STAKING IXUENTATON NORM NORTH 2STAKEES - �FCRLESS 3 STAKES-GFEATER THAT T CALIPER SET ROOT BALL CROWN? HIGHER THAT FINISH GRADE, EACH TREE MUST BE PLANTED SUCH THAT THE TRUNK FEAR R VISIBLE AT THE TW OF ME SCOT BALL. T DEPTH OF WARD VOOD SHREDDED MULCXFOR SHRUBS AND PERENNIALS. W NOT PLACE MULCH IN CIXRACT WITH CROWN MAINTAIN A MN. r DN MULCH FREE RING MOUND MUNI . CUT AND REMOVE ALL CORDS B BURIN COVERING FROM ROOT BALL PRIOR TO INSTALUXTION SCARIFY SIDE AND BOTTOM OF PLPNTINGPIT PLANTING SOIL MIX i? I SECTION: TREE PLANTING ON SLOPE, TYP. _ WRING THE SPRING PLNITMq SEASON, PINY S((TNN�N���[[flFU��NO ORIEMpT W STAKING ORIEMAT. �TH MANTNN OR CREATE A TERMIHLL z VM 38TES-AE33 NORTH NORTH BUD ONA CENTRgL IFApER + FER S STAKPI(EB' GF �TERTHMRUNEDEADCRDADAMUGED AMINIMUM OF I"BELOW THE TOP OF THE ADJACENT PCC PAVING. SEE FOR PLANT MULCH OR ECOIMT WITH THE TDP OF I MATERIAL BPECIEB,MDLAYWTCi MATERIAL IES, AND GUREMOVECflO630VER > ME CONTAINER SOIL FLUMMITH ME FINISH GRApE. BRANCHES, SEE DETNLM12 T OF�b ESHEET MULCH, A55PECIFIED. ARBOR TIE OR EQUIVALENT BRANCHES PLACE STN(ESr OJTSICE OF �(i REMOVE OR CUT BOCK ANY STAKING WIRE TREE IXUPUNE. MULCH SHOULD wm COADOMWANTLEADERS FREE. - ExTEro SBEYgA STAKES. .i2 W5 T.QXFTH �HMUW� PIAN �{' THIN TIGHTLY SPACED BRANCHES SHREDDED MULCH. OO NOT PLACE gW CCMPECIFIEDSJtBASE SS BJ_ OF TREES TPGNE MULCH MULCH M CONTACT WITH OR WM, TlR2OCU CRER ENGINEERED GIBER THATFAICN SET ROOT THAT SHIGHER TH4i R ETRINGMWND TSFI. � WTE X=MSTAYCE SPECIFIED Ol MVLLX. SEE J1 FptT LOCATION GEPTNANO LCCATBJN G TREE MOST BE gMINIMUM OFr PASTEDGE OF PCC CUTMDREMOVENLCORCESM g� PLANTED THAT THE TRUNK %.' �,E%/% ff" SURIAP COVERING FROM ROOT / BALL PRIOR TO INSTALLATION RARE 15 VISIBLE A / / BE PLANTED AT THE TOP OF 3DEPTH SCARIFY 81DESPNDBOTTOM THE ROOT &LLL -- Of PLANTING PR COMPACTED SUBCAPDE, 16 THLEATTH PVWTING SOIL MIX SEO SE� Lt FOR TYPE LOCATION. 17 JUN 20 PM {VTY CLER 1�A CITY, i0 TOPSgL F, III DISC AND RARE FOR ROCK REMOVAL SECTION: TREE PLANTING DETAIL, TYP. SECTION: TREE PRUNING DETAIL, TYP. NOT IN USE SECTION: TYPICAL TURF PROFILE STAKING IXUENTATON NORM NORTH 2STAKEES - �FCRLESS 3 STAKES-GFEATER THAT T CALIPER SET ROOT BALL CROWN? HIGHER THAT FINISH GRADE, EACH TREE MUST BE PLANTED SUCH THAT THE TRUNK FEAR R VISIBLE AT THE TW OF ME SCOT BALL. T DEPTH OF WARD VOOD SHREDDED MULCXFOR SHRUBS AND PERENNIALS. W NOT PLACE MULCH IN CIXRACT WITH CROWN MAINTAIN A MN. r DN MULCH FREE RING MOUND MUNI . CUT AND REMOVE ALL CORDS B BURIN COVERING FROM ROOT BALL PRIOR TO INSTALUXTION SCARIFY SIDE AND BOTTOM OF PLPNTINGPIT PLANTING SOIL MIX i? I SECTION: TREE PLANTING ON SLOPE, TYP. _ AS SPECIFIED d r -I PGC PAVING, FISHER TO SHEET JI FIXi PAVANS ttPE AIY) LOCAM.Ns TYP. SE DETNL 1I A M NIMUM OF r PMT E W E OFPCC. SECTION: ROOT BALL PRUNING DETAIL, TYP. SECTION: PLAY SAND PROFILE, TYP. SECTION: TURF AT PAVEMENT EDGE, TYP. I WRING THE SPRING PLNITMq SEASON, PINY A X STAKING ORIEMAT. EVERCitENP1ANT DELIVERED VNTX NEW GROATH IN ADVANCE STAGE OF CANDLING OUT WILL BE REJECTED, EVERGREEN TREES NOTFULLY BRANCHED FROM z PCC PAM NG REFER DLOCAION FOR PAVING TYPE AND LOCATIONS MULCH OR TMP ROOK TO BE KEPT NORTH NORTH b + AS SPECIFIED d r -I PGC PAVING, FISHER TO SHEET JI FIXi PAVANS ttPE AIY) LOCAM.Ns TYP. SE DETNL 1I A M NIMUM OF r PMT E W E OFPCC. SECTION: ROOT BALL PRUNING DETAIL, TYP. SECTION: PLAY SAND PROFILE, TYP. SECTION: TURF AT PAVEMENT EDGE, TYP. I 3X r MIN. SECTION: EVERGREEN TREE PLANTING, TYP. GROUNDCOVER SPACING DETAILS, TYP. SOIL COf1FLUEnCE LANDSCAPE ARCHITECT CONFLUENCE 9002NDSTREETSE,SUITE101 CEDpRRAPIDSIAU 01 PH: 319.109.51D1 La a . l} A CML ENGINEER HR GREEN INC. B31D EAAMART LANE SW CEDAR RAPIDS, IA 6494 PH: 31BMI.WC0 CONTACT: AARON GVANNUP Y Q^ Q a'^- w QJi � LU L� U O flr� NQ U Q Z Z' O 1WN U I.1E�' N ^ L < LLL I.. L. Z \W a L.L SUBMTTAL DATES ISSUED FOR W-78-2017 BID SET LANDSCAPE DETAILS CONFLUENCEPROJECTNO: M00-2 L2 WRING THE SPRING PLNITMq SEASON, PINY A X STAKING ORIEMAT. EVERCitENP1ANT DELIVERED VNTX NEW GROATH IN ADVANCE STAGE OF CANDLING OUT WILL BE REJECTED, EVERGREEN TREES NOTFULLY BRANCHED FROM SPECIAL NOTE: 'A_LSPECIESWPVWTMATERML PLUGS ME TO BE PLANTED AFTER THE PCC PAM NG REFER DLOCAION FOR PAVING TYPE AND LOCATIONS MULCH OR TMP ROOK TO BE KEPT NORTH NORTH BOTTOM TO TOP WILL BE REJECTED AND THOSEWITH TERMIWA LEADERS EXCEEDINS 17 IN LENGTH WILL ALSOSEREJECTED. + 6PECIFIEO MULCN OR ECO-MqT HAS BEEN INSTALLED. THE PLUGS ME TO BE INSTALLED PROPERLY THROUGH THE AMINIMUM OF I"BELOW THE TOP OF THE ADJACENT PCC PAVING. SEE FOR PLANT MULCH OR ECOIMT WITH THE TDP OF I MATERIAL BPECIEB,MDLAYWTCi MATERIAL IES, AND 2 STAKES -T DRESSER OR LE89 EVERGREEN TREE. 3 STAKES -GREATER THAT TCN.IPER TIE. > ME CONTAINER SOIL FLUMMITH ME FINISH GRApE. �^ / \A�r r 1 ESHEET MULCH, A55PECIFIED. �M80R BTMINGWRE. A H SEE SEE SKEET Lt PLACE 6TPKES B'CVTSCE PIAN �{' CCMPECIFIEDSJtBASE OF TREES TPGNE MULCH ENGINEERED GIBER TO EXTEND AS SPECIFIED BASE TO EXTEND SET ROOT THAT SHIGHER TH4i SHOULD EXTENT BEYOND STAKES. WTE X=MSTAYCE SPECIFIED PLANT SCHEMES MVLLX. SEE J1 FptT LOCATION GEPTNANO LCCATBJN G gMINIMUM OFr PASTEDGE OF PCC MUST GRACE EACH TREE MUST AMULTR`VATHIN Y=gsTAVCE>.'MNTFUEOBY YR A / / BE PLANTED 3DEPTH COMPACTED SUBCAPDE, 16 THLEATTH DDED:ULCHARH FOR SHRUBS EDMULOENNI GROUND COVER OR FEW VVISIBLE RES%VFAD TOPSOIL f / �/ M6PEDIFIED TOP OF PIACEMULCX X // � /- THE ROOT BOLL DO NOT IN DO NOTTACEMUCHIN. CONTACT WTHCROAM. PUNT WITH TOP OF TCP SOIL, "SPECIFIED " EMOVE IOP$OF BURIFP, MAINTAIN A MIN. r DN CONTAINER SOIL PABOVE 11—III UNDISTURBED BONDI E MINE. ROPE, MO BASKET MULCH FREE RING FINISHED GRADE _III -. UNDIBNRBED SUBGRADE FROM ROCU BAU_MWND =j TRVNK. .III ,III - - SHREDDED WARpVrWOBARX Affil SISKITIFY AND BOTi0.M CF PLANING PIi, MULCH NF MIN) 3X r MIN. SECTION: EVERGREEN TREE PLANTING, TYP. GROUNDCOVER SPACING DETAILS, TYP. SOIL COf1FLUEnCE LANDSCAPE ARCHITECT CONFLUENCE 9002NDSTREETSE,SUITE101 CEDpRRAPIDSIAU 01 PH: 319.109.51D1 La a . l} A CML ENGINEER HR GREEN INC. B31D EAAMART LANE SW CEDAR RAPIDS, IA 6494 PH: 31BMI.WC0 CONTACT: AARON GVANNUP Y Q^ Q a'^- w QJi � LU L� U O flr� NQ U Q Z Z' O 1WN U I.1E�' N ^ L < LLL I.. L. Z \W a L.L SUBMTTAL DATES ISSUED FOR W-78-2017 BID SET LANDSCAPE DETAILS CONFLUENCEPROJECTNO: M00-2 L2 3e(0 Prepared by Juli Seydell Johnson, Parks & Recreation, 410 E. Washington St, Iowa City, IA 52240, (319)3565104 Resolution No. 17-215 Resolution setting a public hearing on July 18, 2017 on plans, specifications, form of contract, and estimate of cost for the construction of the Riverfront Crossings Park, Phase 2 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 Park at Site of North WWT Plant account # R4185. 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 18th day of July, 2017, 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 20th day of June / _'2017 Ma or pp oved b ity Clerk, 4)p,0 City Attorney's Office It was moved by rums and seconded by Dickens the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Botchway Cole Dickens Mims Taylor Thomas Throgmorton 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 Iowa County of Johnson, as.: 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: 0002237830 7/3/17 07/03/17 $41.69 Copy of Advertisement Exhibit "A" Subscribed kKsworf tc/#efore me by said affiant this 10th day of July. 2017 CA Ae&== Notary Public oPrAt �P ANDREA HOUGHTON + COMMISSION NO. 753956 fY OMMISSION EXPIRES gown70, to NOTICE OF PUBLIC HEARING LKPAYERS OF THE IOWA CITY IOWA, TITER INTERESTED Lice is hereby given Council of the City of Iowa, will conduct a taring on plans, form of contract .ted cost for the of the RIVERFRONT PARK, PHASE 2 Lid city at 7:00 p.m. on y of July 2017, said e held in tie Emma J. in the City Hall, 410 m Street in said city, seting is cancelled, at Heating of the City ?after as posted by the ject includes site a for a nature play in the currently Lotion Riverfront Lk, park located at site 'on Street, Iowa City, of work includes of prefabricated play custom features agedmaterial from a railroad bridge and d plans, specifications, form ntract and estimated cost are on file in the office of the City in the City Hall in Iowa City, and may be inspected by interested persons may at said meeting of the City for the purpose of making IS to and comments ng said plans tions, contract or the cost This notice is -given by order of the City Council of the City of Iowa City, Iowa and as provided by law. JULIE VOPARIL LERK DEEPUTY CITY X Qro,` Prepared by Juli Seydell Johnson, Parks & Recreation, 410 E. Washington St., Iowa City, IA 52240,(319)356-5104 Resolution No. 17-238 Resolution approving plans, specifications, form of agreement, and estimate of cost for the construction of the Riverfront Crossings Park, Phase 2 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 Park at Site of North WWT Plant account # R4185. 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 2:30 p.m. on the a day of August, 2017. 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 15`" day of August, 2017, or at a special meeting called for that purpose. Passed and approved this 18th day of July 2017 � C� M or Approved by Attest: �1 — s�u�c� �o �„„„;� Clbc,gerk City Attorney's Office -7/r(177 Resolution No. 17-238 Page 2 It was moved by Mims adopted, and upon roll call there were: Ayes: and seconded by Botchway the Resolution be Nays: Absent: Botchway Cole Dickens Mims Taylor Thomas Throgmorton 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 - Riverfront Crossings Park, Phase 2 Project Classified ID: 104286 A printed copy of which is attached and made part of this certificate, provided on 07/19/2017 to be posted on the Iowa League of Cities' internet site on the following date: July 19, 2017 I certify under penalty of perjury and pursuant to the laws of the State of Iowa that the preceding is true and correct. 7/18/2017 Alan Kemp, Executive Director Post 7/19 NOTICE TO BIDDERS RIVERFRONT CROSSINGS PARK — PHASE 2 PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 8"' day of August. 2017. 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 15'h day of August, 2017, or at special meeting called for that purpose. The Project will involve the following: This project includes site improvements for a nature play area within the currently under - construction Riverfront Crossing Park, park located at site at 1001 Clinton Street, Iowa City, Iowa. Scope of work includes installation of prefabricated play equipment; custom features utilizing salvaged material from a deconstructed railroad bridge and salvaged architectural stone arches; sidewalk installation; flagstone patio; seeding; planting; and other related site construction as indicated in the Plan Documents. All work is to be done in strict compliance with the plans and specifications prepared by Confluence of Cedar Rapids, 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 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. The City shall retain the bid security furnished by the successful bidder until the approved contract form has been executed, a bond has been filed by the bidder guaranteeing the performance of the contract, and the contract and bond have been approved by the City. The City shall promptly return the checks or bidder's bonds of unsuccessful bidders to the bidders as soon as the successful bidder is determined or within thirty days, whichever is sooner. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five years (5) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Working Days: Base Bid: 90 Working Days Specified Start Date: May 1", 2018 Liquidated Damages: $500.00 (Five Hundred Dollars) per day Bidders are encouraged to Log On and register as a plan holder for this project at www.rapidsrepro.com. Once bidder has completed registration, add www.rapidsrepro.com to company list of safe URL's. Once bidders have registered and logged on, bidders can access bidding documents at no charge. Bidding documents may be downloaded, viewed and printed from the website, www.rapidsrepro.com. Addenda and other project communications will be distributed to plan holders from Rapids Reproductions. Hard copies of the Bidding Documents may be obtained from: Rapids Reproduction, Inc., 415 Highland Ave. Iowa City, IA 52240, Phone: (319) 354-5950, FAX: (319) 354-8973. E-mail iowacitvCaD-rapidsrepro.com. Refundable deposit in the amount of $50 is required for all hard copy sets. Plans must be returned in good order within 10 working days from date of bid letting to receive deposits back. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Inspections and Appeals at (515) 281-5796 and the Iowa Department of Transportation Contracts Office at (515) 239-1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Posted upon order of the City Council of Iowa City, Iowa JULIE VOPARIL, DEPUTY CITY CLERK Julie Voparil From: Carla Long <CLong@mbionline.com> Sent: Thursday, July 20, 2017 4:52 PM To: Julie Voparil Subject: Certificate for Notice to Bidders Attachments: 7.20.17 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 10 [0 11 141 4 11 City of Iowa City Riverfront Crossing Park Phase 2 City of Iowa City Robert A Lee Recreation Center Remodeling 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 20, 2017 I certify under penalty of perjury and pursuant to the laws of the State of Iowa that the preceding is true and correct. July 20, 2017 Date President/CEO of The Construction Update Plan Room Network Carla Long — Project Information Specialist Master Builders of Iowa 221 Park Street, Des Moines, Iowa 50309 (d)515 -657-4400(a)515-288-7339 (f)515-288-8718 (e) mbiplanroom-dsm@mbionline.com (w) www.mbionline.com Project Information IowaBidDate.com KI e";"®• © C,M DAILY NOTICE TO BIDDERS 0 lcz D Construction Post 7/19 RECEIVED NOTICE TO BIDDERS JUL 19 2017 RIVERFRONT CROSSINGS PARK — PHASE 2 PROJECT Sealed proposals will bereceived by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the a day of Auoust. 2017. 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 15"' day of August, 2017, or at special meeting called for that purpose. The Project will involve the following: This project includes site improvements for a nature play area within the currently under - construction Riverfront Crossing Park, park located at site at 1001 Clinton Street, Iowa City, Iowa. Scope of work includes installation of prefabricated play equipment; custom features utilizing salvaged material from a deconstructed railroad bridge and salvaged architectural stone arches; sidewalk installation; flagstone patio; seeding; planting; and other related site construction as indicated in the Plan Documents. All work is to be done in strict compliance with the plans and specifications prepared by Confluence of Cedar Rapids, 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 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. The City shall retain the bid security furnished by the successful bidder until the approved contract form has been executed, a bond has been filed by the bidder guaranteeing the performance of the contract, and the contract and bond have been approved by the City. The City shall promptly return the checks or bidder's bonds of unsuccessful bidders to the bidders as soon as the successful bidder is determined or within thirty days, whichever is sooner. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five years U year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Working Days: Base Bid: 90 Working Days Specified Start Date: May 16% 2018 Liquidated Damages: $500.00 (Five Hundred Dollars) per day Bidders are encouraged to Log On and register as a plan holder for this project at www.rapidsrepro.com. Once bidder has completed registration, add www.repidsrepro.com to company list of safe URLs. Once bidders have registered and logged on, bidders can access bidding documents at no charge. Bidding documents may be downloaded, viewed and printed from the website, www.rapidsrepro.com. Addenda and other project communications will be distributed to plan holders from Rapids Reproductions. Hard copies of the Bidding Documents may be obtained from: Rapids Reproduction, Inc., 415 Highland Ave. Iowa City, IA 52240, Phone: (319) 354-5950, FAX: (319) 354-8973. E-mail iowacity garapidsreoro.com. Refundable deposit In the amount of $50 is required for all hard copy sets. Plans must be returned in good order within 10 working days from date of bid letting to receive deposits back. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Inspections and Appeals at (515) 281-5796 and the Iowa Department of Transportation Contracts Office at (515) 239-1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Posted upon order of the City Council of Iowa City, Iowa JULIE VOPARIL, DEPUTY CITY CLERK Prepared by: Jason Havel, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)3565410 Resolution No. 17-265 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Riverfront Crossings Park, Phase 2 Project Whereas, Tricon General Construction, Inc. of Cedar Rapids, Iowa has submitted the lowest responsible bid of $427,750.00 for construction of the above-named project; and Whereas, funds for this project are available in the Park at Site of North WWT Plant account #R4185; 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., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign the contract for construction of the above-named project and the Contractor's Bond, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 15th day of August 2017. Mayj r pp oved ATT b 4CCIerk U City Attorney's Office It was moved by Botchway and seconded by Thomas the Resolution be adopted, and upon roll call there were: Ayes: Nays: Y X X X X Absent Botchway Cole X Dickens Mims Taylor Thomas Throgmorton Prepared by: Ben Clark, Senior Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5436 Resolution No. 19-296 Resolution accepting the work for the Riverfront Crossings Park, Phase 2 Project Whereas, the Engineering Division has recommended that the work for construction of the Riverfront Crossings Park Phase 2 Project, as included in a contract between the City of Iowa City and Tricon General Construction, Inc. of Cedar Rapids, Iowa, dated August 18, 2017, 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 Park at Site of North WWT Plant account #R4185; and Whereas, the final contract price is $468,621.29 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 17th day of December , 2019 Attest: City Jerk It was moved by Salih adopted, and upon roll call there were: Ayes: M46r Ap roved by City Attorney's Office and seconded by Taylor the Resolution be Nays: Absent: Cole Mims Salih Taylor Teague Thomas Throgmorton V,