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HomeMy WebLinkAboutSLUDGE TANK MASONRY REPAIR SLUDGE TANK MASONRY REPAIR 02-Oct-2020 Plans, Specs, proposal and contract, estimate of cost 06-Oct-2020 Res 20-238, setting a public hearing 12-Oct-2020 Notice of Public Hearing 20-Oct-2020 Res 20-247 approving project manual, estimate of cost 22-Oct-2020 Notice to bidders 01-Dec-2020 Res 20-267, awarding contract(TnT Tuckpointing) 15-Jan-2021 Performance, payment and maintenance bond 09-Dec-2021 Engineer's report 14-Dec-2021 Res 21-306, accepting the work � _ 1 .�..� OZZ; 142 . 111W"'4111111, "1/4 rmoail CITY OF 101NA CITY UNESCO CITY OF LITERATURE PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION => rr PROJECT MANUAL a FOR THE SLUDGE STORAGE TANK 8801 MASONRY REPAIR PROJECT IOWA CITY, IOWA September 25, 2020 00 01 05 CERTIFICATIONS PAGE See: Technical Specifications Cover Sheet and Drawings Cover Sheet • --i h ry r t 1 CO • Sludge Storage Tank 8801 Masonry Repair Project 00 01 05— Page 1 of 1 00 01 10 TABLE OF CONTENTS PROJECT MANUAL DIVISION 00: 00 01 05 CERTIFICATIONS PAGE 00 01 10 TABLE OF CONTENTS 00 11 60 NOTICE TO BIDDERS 00 11 70 NOTICE OF PUBLIC HEARING 00 21 10 INSTRUCTIONS TO BIDDERS 00 42 10 PROPOSAL 00 43 05 BIDDER STATUS FORM 00 43 10 BID BOND FORM 00 45 10 CONTRACT COMPLIANCE 00 45 20 WAGE THEFT POLICY 00 50 10 AGREEMENT 00 61 10 PERFORMANCE, PAYMENT, AND MAINTENANCE BOND cL3 C) W 00 72 00 GENERAL CONDITIONS 00 73 00 SUPPLEMENTARY CONDTIONS m TECHNICAL SPECIFICATIONS COVER SHEET Co 04 05 00 COMMON WORK FOR MASONRY 04 20 00 UNIT MASORY DRAWINGS (Under Separate Cover) Sludge Storage Tank 8801 Masonry Repair Project 00 01 10 — Page 1 of 1 c:a 00 11 60 NOTICE TO BIDDERS SLUDGE STORAGE TANK 8801 MASONRY REPAIR PROJECT,' Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 3:00 P.M. on the 18th day of November, 2020. 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. Propoals 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 1st day of December, 2020, or at special meeting called for that purpose. The Project will involve the following: demolition, repair and replacement of an existing masonry sludge storage tank façade; concrete patching; removal and replacement of ridged insulation; removal and replacement of aluminum dome cover bearing plates; and removal and replacement of peripheral dome flashing. This project is located at the City of Iowa City Wastewater Treatment Facility, 4366 Napoleon Street SE., Iowa City, Iowa 52240. All work is to be done in strict compliance with the Project Manual prepared by The City of Iowa City which has heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be submitted in a sealed envelope. In addition, a separate sealed envelope shall be submitted containing a completed Bidder Status Form and a bid security executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City (in the form shown in Section 00 61 10) ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. The City shall retain the bid security furnished by the successful bidder until the approved contract has been executed, the required Performance, Payment, and Maintenance Bond (as shown in Section 00 61 10) has been filed by the bidder guaranteeing the performance of the contract, and the contract and security have been approved by the City. The City shall promptly return the checks or bidder's bonds of unsuccessful bidders to the bidders as soon as the successful bidder is determined or within thirty days, whichever is sooner. The successful bidder will be required to furnish a Performance, Payment, and Maintenance Bond in an amount equal to one hundred percent (100%) of the contract price and in the form shown in Section 00 61 10, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) year(s) from and after its completion and formal acceptance by the City Council. Sludge Storage Tank 8801 Masonry Repair Project 00 11 60 — Page 1 of 2 The following limitations shall apply to this Project: Substantial Completion: June 30, 2021 Liquidated Damages: $240 per day The Project Manual may be examined at the office of the City Clerk. Copies thereof and blank forms may be secured at the office of Technigraphics, a division of Rapids Reproductions located at 415 Highland Ave, Suite 100, Iowa City, Iowa 52240, Phone: (319) 354-5950, Fax: (319) 354-8973, Toll-Free: (800) 779-0093. A $10 fee is required for each set of the Project Manual provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to City of Iowa City. The fee is refundable if returned within 14 days of award of the project by City Council in re-usable condition. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Inspections and Appeals at (515) 281-5796 and the Iowa Department of Transportation Contracts Office at (515) 239-1422. Bidders shall list on the Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall list on the Contract its subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals and reserves the right to waive technicalities and irregularities. Posted upon order of the City Council of Iowa City, Iowa. "'`°yam KELLIE FRUEHLING, CITY CLERK n Sludge Storage Tank 8801 Masonry Repair Project 00 11 60 — Page 2 of 2 00 11 70 NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING ON PROJECT MANUAL AND ESTIMATED COST FOR THE SLUDGE STORAGE TANK 8801 MASONRY REPAIR PROJECT IN THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a public hearing on the Project Manual, including the plans, specifications, contract, and estimated cost for the construction of the Sludge Storage Tank 8801 Masonry Repair in said city at 7:00 p.m. on the 20th day of October, 2020, said meeting to be held in the Emma J. Harvat Hall in the City Hall, 410 East Washington Street in said city, or if said meeting is 24 cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. c-) ry The Project will involve: demolition, repair and - replacement of an existing masonry sludge storage tank façade; concrete patching; removal and replacement of ridged insulation; removal and replacement of aluminum dome cover bearing plates; and removal and replacement of peripheral dome flashing. The project is located at the City of Iowa City Wastewater Treatment Facility, 4366 Napoleon Street SE., Iowa City, Iowa 52240 Said Project Manual and estimated cost are now on file in the office of the City Clerk in the City Hall in Iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said Project Manual or the cost of making said improvement. This notice is given by order of the City Council of the City of Iowa City, Iowa and as provided by law. Kellie K. Fruehling, City Clerk Sludge Storage Tank 8801 Masonry Repair Project 00 11 70— Page 1 of 1 00 21 10 INSTRUCTIONS TO BIDDERS SLUDGE STORAGE TANK 8801 MASONRY REPAIR PROJECT 1. Optional Pre-Bid Meeting: e:D ,', ;:(,...j a. Time, Date, and Location: 10:30 A.M. October 28, 2020 .�� City of Iowa City Wastewater Treatment Facility c-) 4366 Napoleon Street SE., Iowa City, Iowa 52240 <r 2. Bid Submittals: a. Time, Date and Location: TT " 3:00 PM, November 18, 2020 r,) City Clerk's Office 410 East Washington Street Iowa City, Iowa 52240 b. Submittals include two separate sealed envelopes with the project name and contents clearly identified on the outside of each envelope: Envelope 1: Bid Security and Bidder Status Form Envelope 2: Proposal 3. Bidder Status: a. Use the Bidder Status Form included in Section 00 43 05. b. Submit in accordance with paragraph 2.b above. c. See Section 00 43 05 for the Worksheet: Authorized to Transact Business and 875 Iowa Administrative Code Chapter 156 (73A), found at the following website: https://www.legis.iowa.qov/docs/iac/chapter/08-15-2018.875.156.pdf, for assistance in completing the form. 4. Bid Security: a. Use the Bid Bond Form included in Section 00 43 10. b. Submit in accordance with paragraph 2.b above. c. Bid security is 10% of the total bid, including all added alternates (do not deduct the amount of deducted alternates). d. See Section 00 11 60 Notice to Bidders for a complete description of the bid security requirements. 5. Progress and Schedule: a. Contract Times: Substantial Completion Date: June 30, 2021 Liquidated Damages: $240 per day 6. Performance, Payment and Maintenance Bond: a. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price for a period of two (2) year(s) after its completion and formal acceptance by the City Council. b. Use the Performance, Payment, and Maintenance Bond Form included in Section 00 61 10. c. See Section 00 11 60 Notice to Bidders for a complete description of the bonding requirements. Sludge Storage Tank 8801 Masonry Repair Project 00 21 10— Page 1 of 2 7. Insurance Requirements: a. The City of Iowa City is to be listed on the required insurance certificate, as an additional insured on a primary and non-contributory basis. Review this requirement with your insurance broker prior to bidding. b. See Section 00 72 00 Article 5 for a complete description of the insurance requirements. 8. Taxes: a. Iowa Construction Sales Tax Exemption Certificates will be issued for building materials used in the contract pursuant to Iowa Code Section 423.3(80). This exemption does NOT apply to materials, equipment and supplies consumed by the contractor or subcontractor that are NOT incorporated into the real property being constructed. 9. Contract Compliance: a. For all contracts of $25,000 or more, the Contractor shall abide by the requirements of the City's Contract Compliance Program, as described in the Section 00 45 00. 10. Wage Theft Policy: a. For all contracts of $25,000 or more, the Contractor shall abide by the requirements of the City's Wage Theft Policy, as described in Section 00 45 20. 11. References: a. The successful bidder and all of its subcontractors are required to submit at least four(4)days prior to award three (3) references involving similar projects, including at least one municipal reference. Award of the bid or use of specific subcontractors may be denied if sufficient favorable references are not verified or based on past experience on projects with the City of Iowa City. b. References shall be addressed to the City Engineer and include the name, address and phone number of the contact person, for City verification. cp --?c-) N , Sludge Storage Tank 8801 Masonry Repair Project 00 21 10 — Page 2 of 2 00 42 10 PROPOSAL SLUDGE STORAGE TANK 8801 MASONRY REPAIR PROJECT CITY OF IOWA CITY Please DO NOT USE the proposal included in the bound volume of the specifications. Separate copies of this form are contained with this document. The following documents must be submitted as printed. No alterations, additions, or deletions are allowed. If the Bidder notes a requirement in the contract documents that the Bidder believes will require a conditioned or unsolicited alternate bid, the Bidder must immediately notify the Engineer in writing. The Engineer will issue any necessary interpretation by an addendum. Name of Bidder: Address of Bidder: --r TO: City Clerk �'`` City of Iowa City City Hall -- 71 ' -72 410 East Washington Street Iowa City, Iowa 52240 The undersigned bidder submits herewith bid security in the amount of $ , in accordance with the terms set forth in the Project Manual. The undersigned bidder, having examined and determined the scope of the Work, hereby proposes to provide the required labor, services, materials and equipment and to perform the Project as described in the Project Manual, including Addenda , , and , and to do all work at the prices set forth herein. Bidder agrees to perform all the work described in the proposed Contract Documents for the sum of: Dollars ($ ). Amount shall be indicated in both words and figures. In case of discrepancy, the amount indicated in words will govern. The undersigned bidder further proposes 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. 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. Sludge Storage Tank 8801 Masonry Repair Project 00 42 10 — Page 1 of 3 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 OF SUBCONTRACTORS TYPE OF WORK APPROXIMATE COSTS NOTE: All subcontractors are subject to approval by City of Iowa City. _ 4, i r rV Sludge Storage Tank 8801 Masonry Repair Project 00 42 10 — Page 2 of 3 The undersigned Bidder is a/an: ❑ Individual, Sole Proprietorship ❑ Partnership ❑ Corporation ❑ Limited Liability Company ❑ Joint venture ❑ Other Its Public Registration Number issued by the Iowa Commissioner of Labor, pursuant to Section 91 C.5 of the Iowa Code is: Failure to provide said Registration Number shall result in the bid being read under advisement. A contract will not be executed until the Contractor is registered to do business in the State of Iowa. Bidder's Name Signature n4 Printed Name --- c r-t e Title LT: Street Address City, State, Zip Code Telephone Number NOTE: The signature on this proposal must be an original signature in ink; copies, facsimiles, or electronic signatures will not be accepted. Sludge Storage Tank 8801 Masonry Repair Project 00 42 10 — Page 3 of 3 00 43 05 BIDDER STATUS FORM All bidders must submit the following completed form to the governmental body requesting bids per 875 Iowa Administrative Code Chapter 156. To be completed by all bidders Part A ❑Yes ❑No My company is authorized to transact business in Iowa. (To help you determine if your company is authorized,please review the Worksheet:Authorization to Transact Business). ❑Yes ❑No My company has an office to transact business in Iowa. ❑ Yes 0 No My company's office in Iowa is suitable for more than receiving mail,telephone calls,and e-mail. ❑Yes 0 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 0 No My company is not a subsidiary of another business entity or my company is a subsidiary of another business entity that would qualify as a resident bidder in Iowa. If you answered"Yes"for each question above,your company qualifies as a resident bidder. Please complete Parts B and D of this form. If you answered"No"to one or more questions above,your company is a non-resident bidder. Please complete Parts C and D of this form. To be completed by resident bidders Part B Dates: to Address: (mm/dd/yyyy) City, State,Zip Code: Dates: to Address: (mm/dd/yyyy) City,State,Zip Code: Dates: to Address: (mm/dd/yyyy) City, State,Zip Code: You may attach additional sheet(s)if needed. To be completed by non-resident bidders Part C 1. Name of home state or foreign country reported to the Iowa Secretary of State: 2. Does your company's home state or foreign country offer preference to bidders who are residents? 0 Yes 0 No 3. If you answered"Yes"to question 2,identify each preference offered by your company's home state or foreign country and the appropriate legal citation. You may attach additional sheet(s)if needed. To be completed by all bidders Part D I certify that the statements made on this document are true and complete to the best of my knowledge and I know that my failure to provide accurate and truthful information may be a reason to reject my bid. Firm Name: Signature: Date: Sludge Storage Tank 8801 Masonry Repair Project 00 42 05 — Page 1 of 2 WORKSHEET: AUTHORIZATION TO TRANSACT BUSINESS This worksheet may be used to help complete Part A of the Resident Bidder Status form. If at least one of the following describes your business, you are authorized to transact business in Iowa. ❑ Yes ❑ No My business is currently registered as a contractor with the Iowa Division of Labor. ❑ Yes ❑ No My business is a sole proprietorship and I am an Iowa resident for Iowa income tax purposes. ❑ Yes ❑ No My business is a general partnership or joint venture. More than 50 percent of the general partners or joint venture parties are residents of Iowa for Iowa income tax purposes. ❑ Yes ❑ No My business is an active corporation with the Iowa Secretary of State and has paid all fees required by the Secretary of State, has filed its most recent biennial report, and has not filed articles of dissolution. ❑ Yes ❑ No My business is a corporation whose articles of incorporation are filed in a state other than Iowa, the corporation has received a certificate of authority from the Iowa Secretary of State, has filed its most recent biennial report with the Secretary of State, and has neither received a certificate of withdrawal from the Secretary of state nor had its authority revoked. ❑ Yes ❑ No My business is a limited liability partnership which has filed a statement of qualification in this state and the statement has not been canceled. ❑ Yes ❑ No My business is a limited liability partnership which has filed a statement of qualification in a state other than Iowa, has filed a statement of foreign qualification in Iowa and a statement of cancellation has not been filed. ❑ Yes ❑ No My business is a limited partnership or limited liability limited partnership which has filed a certificate of limited partnership in this state, and has not filed a statement of termination. ❑ Yes ❑ No My business is a limited partnership or a limited liability limited partnership whose certificate of limited partnership is filed in a state other than Iowa, the limited partnership or limited liability limited partnership has received notification from the Iowa Secretary of state that the application for certificate of authority has been approved and no notice of cancellation has been filed by the limited partnership or the limited liability limited partnership. ❑ Yes ❑ No My business is a limited liability company whose certificate of organization is filed in Iowa and has not filed a statement of termination. ❑ Yes ❑ No My business is a limited liability company whose certificate of organization is filed in a state other than Iowa, has received a certificate of authority to transact business in Iowa and the certificate has not been revoked or canceled. 1,24 ` l Sludge Storage Tank 8801 Masonry Repair Project 00 42 05— Page 2 of 2 00 43 10 BID BOND FORM SLUDGE STORAGE TANK 8801 MASONRY REPAIR PROJECT CITY OF IOWA CITY , 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 amount of to pay said sum as herein provided. We as Principal and Surety further promise and declare that these obligations shall bind our heirs, executors, administrators, and successors jointly and severally. This obligation is conditioned on the Principal submission of the accompanying bid, dated for Sludge Storage Tank 8801 Masonry Repair Project. NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified, and the Principal shall then furnish a security for the Principal's faithful performance of said Project, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Project, as agreed to by the City's acceptance of said Bid, then this obligation shall be void. Otherwise this obligation shall remain in full force and effect, provided that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the amount of the obligation stated herein. By virtue of statutory authority, the full amount of this bid security shall be forfeited to the Owner in the event that the Principal fails to execute the contract and provide the security, as provided in the Project Manual or as required by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its security shall in no way be impaired or affected by any extension of the time within which the Owner may accept such Bid or may execute such contract documents, and said Surety does hereby waive notice of any such time extension. The Principal and the Surety hereto execute this bid security this • day of , A.D., 20_ - : -' (Seal) Witness Principal_ By: (Title) (Seal) Surety By: Witness (Attorney-in-fact) Attach Power-of-Attorney, if applicable Sludge Storage Tank 8801 Masonry Repair Project 00 43 10 — Page 1 of 1 00 45 10 CONTRACT COMPLIANCE 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,Ie afforded equal accessibility and opportunity to gain and maintain employment. PROVISIONS: _ —� - 1. All contractors, vendors, and consultants requesting to do business;with the, City must submit an Equal Opportunity Policy Statement before the execution of the contract. 2. All City contractors, vendors, and consultants with contracts of$25,000 or more (or less if required by another governmental agency) must abide by the requirements of the City's Contract Compliance Program. Emergency contracts may be exempt from this provision at the discretion of the City. Regardless of the value of the contract, all contractors, vendors, and consultants are subject to the City's Human Rights Ordinance, which is codified at Article 2 of the City Code. 3. Contracting departments are responsible for assuring that City contractors, vendors, and consultants are made aware of the City's Contract Compliance Program reporting responsibilities and receive the appropriate reporting forms. A notification of requirements will be included in any request for proposal and notice of bids. 4. Prior to execution of the contract, the completed and signed Assurance of Compliance (located on pages CC-2 and CC-3) or other required material must be received and approved by the City. 5. Contracting departments are responsible for answering questions about contractor, consultant and vendor compliance during the course of the contract with the City. 6. All contractors, vendors, and consultants must refrain from the use of any signs or designations which are sexist in nature, such as those which state "Men Working" or "Flagman Ahead," and instead use gender neutral signs. 7. All contractors, vendors, and consultants must assure that their subcontractors abide by the City's Human Rights Ordinance. The City's protected classes are listed at Iowa City City Code section 2-3-1. Sludge Storage Tank 8801 Masonry Repair Project 00 45 10 — Page 1 of 6 SECTION II - ASSURANCE OF COMPLIANCE The following sets forth the minimum requirements of a satisfactory Equal Employment Opportunity Program which will be reviewed for acceptability. PLEASE RETURN PAGES 2 THROUGH 3 OF THIS SECTION TO THE CONTRACTING DEPARTMENT PRIOR TO THE EXECUTION OF THE CONTRACT. With respect to the performance of this contract, the contractor, consultant or vendor agrees as follows: (For the purposes of these minimum requirements, "contractor" shall include consultants and vendors.) 1. The contractor will not discriminate against any employee or applicant for employment and will take affirmative efforts to ensure applicants and employees are treated during employment without regard to their race, color, creed, religion, national origin, sex, sexual orientation, gender identity, disability, marital status, and age. Such efforts shall include, but not be limited to the following: employment, promotion, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that it is an equal opportunity employer. Note: Contracts that are federally funded are subject to Executive Order No. 11246, as amended, and the regulations (see generally 29 U.S.C. § 1608 et seq.) and relevant orders of the U.S. Secretary of Labor. The Secretary of Labor, and not the City, enforces said regulations and orders. 3. Provide a copy of your written Equal Employment Opportunity policy statement. Where is this statement posted? 4. What is the name, telephone number and address of your business' Equal Employment Opportunity Officer? (Please print) -, Phone Number Street Address. r" City, State, Zip Code`; Sludge Storage Tank 8801 Masonry Repair Project 00 45 10 — Page 2 of 6 5. The undersigned agrees to display, in conspicuous places at the work site, all posters required by federal and state law for the duration of the contract. NOTE: The City can provide assistance in obtaining the necessary posters. 6. How does your business currently inform applicants, employees, and recruitment sources (including unions)that you are an Equal Employment Opportunity employer? The above responses are true and correctly reflect our Equal Employment Opportunity policies. Business Name Phone Number Signature Title Print Name Date ten. Cam) C")-G I ..n., 7-4 n N C rn 7-3 ' W Sludge Storage Tank 8801 Masonry Repair Project 00 45 10 — Page 3 of 6 SECTION III - SUGGESTED STEPS TO ASSURE EQUAL EMPLOYMENT OPPORTUNITIES 1. COMPANY POLICY Determine your company's policy regarding equal employment opportunities. Document the policy and post it in a conspicuous place so that it is known to all your employees. Furthermore, disseminate the policy to all potential sources of employees and to your subcontractors asking their cooperation. The policy statement should recognize and accept your responsibility to provide equal employment opportunity in all your employment practices. In regard to dissemination of this policy, this can be done, for example, through the use of letters to all recruitment sources and subcontractors, personal contacts, employee meetings, web page postings, employee handbooks, and advertising. 2. EQUAL EMPLOYMENT OPPORTUNITY OFFICER Designate an equal employment opportunity officer or, at minimum, assign someone the responsibility of administering and promoting your company's Equal Employment Opportunity program. This person should have a position in your organization which emphasizes the importance of the program. 3. INSTRUCT STAFF Your staff should be aware of and be required to abide by your Equal Employment Opportunity program. All employees authorized to hire, supervise, promote, or discharge employees or are involved in such actions should be trained and required to comply with your policy and the current equal employment opportunity laws. 4. RECRUITMENT (a) Let potential employees know you are an equal opportunity employer. This can be done by identifying yourself on all recruitment advertising as 'ran equal opportunity employer". (b) Use recruitment sources that are likely to yield diverse applicants pools. Word-of-mouth recruitment will only perpetuate the current'composition of your workforce. Send recruitment sources a letter annually which'feaffirms your commitment to equal employment opportunity and requests their assistance in helping you reach diverse applicant pools. (c) Analyze and review your company's recruitment procedures to identify and eliminate discriminatory barriers. (d) Select and train persons involved in the employment process to use objective standards and to support equal employment opportunity goals. (e) Review periodically job descriptions to make sure they accurately reflect major job functions. Review education and experience requirements to make sure they accurately reflect the requirements for successful job performance. (f) Review the job application to insure that only job related questions are asked. Ask yourself"Is this information necessary to judge an applicant's ability to perform the job applied for?" Only use job-related tests which do not adversely affect any particular group of people. (g) Monitor interviews carefully. Prepare interview questions in advance to assure that they are only job related.Train your interviewers on discrimination laws. Sludge Storage Tank 8801 Masonry Repair Project 00 45 10 — Page 4 of 6 Biased and subjective judgments in personal interviews can be a major source of discrimination. (h) Improve hiring and selection procedures and use non-biased promotion, transfer and training policies to increase and/or improve the diversity of your workforce representation. Companies must make sure procedures for selecting candidates for promotion, transfer and training are based upon a fair assessment of an employee's ability and work record. Furthermore, all companies should post and otherwise publicize all job promotional opportunities and encourage all qualified employees to bid on them. For your information is a copy of Section 2 — 3 — 1 of the Iowa City Code of Ordinances which prohibits certain discriminatory practices in employment can be found at: http://www.sterlinqcodifiers.com/codebook/index.php?book id=953. 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. ha r-- ,..,.y,,,.. r-T7 ^es 7 , CO ,,.. co Sludge Storage Tank 8801 Masonry Repair Project 00 45 10— Page 5 of 6 SAMPLE: EQUAL EMPLOYMENT OPPORTUNITY POLICY To all employees of This Company and its employees shall not discriminate against any employee or applicant for employment based on his or her age, color, creed, disability, 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: 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. r•a Cl r —1-°1 • Cr) Sludge Storage Tank 8801 Masonry Repair Project 00 45 10 — Page 6 of 6 00 45 20 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 rdsult 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); c. Remedial action has been taken to prevent a recurrence of the acts giving rise to the disqualification or default; or d. Other factors that the person or entity believes are relevant. Sludge Storage Tank 8801 Masonry Repair Project 00 45 20— Page 1 of 3 The City Manager or Designee shall review the documentation submitted, make any inquiries deemed necessary, request additional documentation if warranted and determine whether a reduction in the ineligibility period or waiver is warranted. Should the City Manager or Designee determine that a reduction or waiver of the ineligibility period is warranted the City Manager or Designee shall make such recommendation to the City Council. The City Council will make a final decision as to whether to grant a reduction or waiver. C=> tJ E.; N trt E " nn Sludge Storage Tank 8801 Masonry Repair Project 00 45 20 — Page 2 of 3 WAGE THEFT AFFIDAVIT STATE OF ss: COUNTY , upon being duly sworn, state as follows: 1. I 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 record was acknowledged before me on o (date) by , (name of individual) ` ' ' as (type of authority, such as officer or trustee) of (name of party on behalf of whom thq record was executed) Signature Notary Public in and for the State of Sludge Storage Tank 8801 Masonry Repair Project 00 45 20 — Page 3 of 3 00 50 10 AGREEMENT SLUDGE STORAGE TANK 8801 MASONRY REPAIR PROJECT CITY OF IOWA CITY THIS AGREEMENT is made and entered into by and between the City of Iowa City, Iowa ("City"), and ("Contractor"). WHEREAS the Stanley Consultants has prepared a certain Project Manual dated the 25 day of September, 2020 for the Sludge Storage Tank 8801 Masonry Repair ("Project"), and WHEREAS, the City publicly solicited bids for construction of said Project; and WHEREAS, Contractor submitted a proposal on the Project described in said Project Manual; and WHEREAS, the parties hereto now wish to enter into this Contract for the construction of said Project. NOW, THEREFORE, IT IS AGREED: 1. The Contractor hereby agrees to perform the Project for the sums listed in its Proposal including the total extended amount of $ which sums are incorporated herein by this reference. 2. This Agreement consists of the Contract Documents, as defined in the Section 00 72 00 Article 1 and the following additional component parts which are incorporated herein by reference: a. Contractor's Completed Bidder Status Form; attached hereto; and b. Contractor's Completed Contract Compliance Program (Anti- Discrimination Requirements) Assurance, if applicable, attached hereto; and c. Contractor's Completed Wage Theft Affidavit, if applicable, attached hereto. The above components are deemed complementary and what is called for by one shall be as binding as if called for by all. = Sludge Storage Tank 8801 Masonry Repair Project 00 50 10 — Page 1 of 2 3. The names of subcontractors acknowledged by City, together with quantities, unit prices, and extended dollar amounts, are as follows (or shown on an attachment): NAME TYPE OF WORK TOTAL AMOUNT DATED this day of , 20 (The City of Iowa City will date this Contract after all signatures are obtained) City Contractor By: By: Signature of City Official Signature of Contractor Officer Printed Name of City Official Printed Name of Contractor Officer Title of Contractor Officer ATTEST: ATTEST: h., By: By: City Clerk (for Formal Projects only) (Company Official) APPROVED BY: —� 0,001 �.-i Co City Attorney's Office '', Sludge Storage Tank 8801 Masonry Repair Project 00 50 10 — Page 2 of 2 0061 10 PERFORMANCE, PAYMENT, AND MAINTENANCE BOND SLUDGE STORAGE TANK 8801 MASONRY REPAIR PROJECT CITY OF IOWA CITY KNOW ALL BY THESE PRESENTS: That we, , as Principal (hereinafter the "Contractor" or "Principal") and - as Surety are held and firmly bound unto City of Iowa City, Iowa, as Obligee (hereinafter referred to as "the Jurisdiction"), and to all persons who may be injured by any breach of_any of the conditions of this Bond in the penal sum of dollars ($ ), lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly or severally, firmly by these presents. The conditions of the above obligations are such that whereas said Contractor entered into a contract with the Jurisdiction, bearing date the day of , (hereinafter the "Contract") wherein said Contractor undertakes and agrees to construct the following described improvements: This project involves: demolition, repair and replacement of an existing masonry sludge storage tank facade; concrete patching; removal and replacement of ridged insulation; removal and replacement of aluminum dome cover bearing plates; and removal and replacement of peripheral dome flashing; and is located at the City of Iowa City Wastewater Treatment Facility, 4366 Napoleon Street SE., Iowa City, Iowa 52240. To faithfully perform all the terms and requirements of said Contract within the time therein specified, in a good and workmanlike manner, and in accordance with the Contract Documents. It is expressly understood and agreed by the Contractor and Surety in this bond that the following provisions are a part of this Bond and are binding upon said Contractor and Surety, to-wit: 1. PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill, and abide by each and every covenant, condition, and part of said Contract, by reference made a part hereof, for the above referenced improvements, and shall indemnify and save harmless the Jurisdiction from all outlay and expense incurred by the Jurisdiction by reason of the Contractor's default of failure to perform as required. The Contractor shall also be responsible for the default or failure to perform as required under the Contract and Contract Documents by all its subcontractors, suppliers, agents, or employees furnishing materials or providing labor in the performance of the Contract. 2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just claims submitted by persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the performance of the Contract on account of which this Bond is given, including but not limited to claims for all amounts due for labor, materials, lubricants, oil, gasoline, repairs on machinery, equipment, and tools, consumed or used by the Contractor or any subcontractor, wherein the same are not satisfied out of the Sludge Storage Tank 8801 Masonry Repair Project 00 61 10 — Page 1 of 4 portion of the contract price the Jurisdiction is required to retain until completion of the improvement, but the Contractor and Surety shall not be liable to said persons, firms, or corporations unless the claims of said claimants against said portion of the contract price shall have been established as provided by law. The Contractor and Surety hereby bind themselves to the obligations and conditions set forth in Chapter 573 of the Iowa Code, which by this reference is made a part hereof as though fully set out herein. 3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own expense: A. To remedy any and all defects that may develop in or result from work to be performed under the Contract within the period of two year(s) (2) from the date of acceptance of the work under the Contract, by reason of defects in workmanship or materials used in construction of said work; B. To keep all work in continuous good repair; and C. To pay the Jurisdiction's reasonable costs of monitoring and inspection to assure that any defects are remedied, and to repay the Jurisdiction all outlay and expense incurred as a result of Contractor's and Surety's failure to remedy any defect as required by this section. 4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: A. To consent without notice to any extension of time to the Contractor in which to perform the Contract; B. To consent without notice to any change in the Contract or Contract Documents, which thereby increases the total contract price and the penal sum of this bond, provided that all such changes do not, in the aggregate, involve an. increase of more than 20% of the total contract price, and that this bond shall then be released as to such excess increase; and C. To consent without notice that this Bond shall remain in full force and effect until the Contract is completed, whether completed within the specified contract period, within an extension thereof, or within a period of time after the-contraCt`period has elapsed and the liquidated damage penalty is being charged :against the Contractor. D. That no provision of this Bond or of any other contract shall be valid that limits to less that five years after the acceptance of the work under the Contract the right to sue on this Bond. E. That as used herein, the phrase "all outlay and expense" is not to be limited in any way, but shall include the actual and reasonable costs and expenses incurred by the Jurisdiction including interest, benefits, and overhead where applicable. Accordingly, "all outlay and expense"would include but not be limited to all contract or employee expense, all equipment usage or rental, materials, testing, outside experts, attorneys fees (including overhead expenses of the Jurisdiction's staff attorneys), and all costs and expenses of litigation as they are incurred by the Jurisdiction. It is intended the Contractor and Surety will defend and indemnify the Jurisdiction on all claims made against the Jurisdiction on account of Contractor's failure to perform as required in the Contract and Contract Documents, that all agreements and promises set forth in the Contract and Contract Documents, in approved change orders, and in this Bond will be fulfilled, and that the Jurisdiction will be fully indemnified so that it will be put into the position it would have been in had the Contract been performed in the first instance as required. Sludge Storage Tank 8801 Masonry Repair Project 00 61 10 — Page 2 of 4 In the event the Jurisdiction incurs any "outlay and expense" in defending itself against any claim as to which the Contractor or Surety should have provided the defense, or in the enforcement of the promises given by the Contractor in the Contract, Contract Documents, or approved change orders, or in the enforcement of the promises given by the Contractor and Surety in this Bond, the Contractor and Surety agree that they will make the Jurisdiction whole for all such outlay and expense, provided that the Surety's obligation under this bond shall not exceed 125% of the penal sum of this bond. In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that the venue thereof shall be Johnson County, State of Iowa. If legal action is required by the Jurisdiction to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of the Jurisdiction, the Contractor and the Surety agree,jointly, and severally, to pay the Jurisdiction all outlay and expense incurred therefor by the Jurisdiction. All rights, powers, and remedies of the Jurisdiction hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers, and remedies given to the Jurisdiction, by law. The Jurisdiction may proceed against surety for any amount guaranteed hereunder whether action is brought against the Contractor or whether Contractor is joined in any such action(s) or not. NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully perform all the promises of the Principal, as set forth and provided in the Contract and in this Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first as defined in this Bond and the Contract; second, if not defined in the Bond or Contract, it shall be interpreted or construed as defined in applicable provisions of the Iowa Code; third, if not defined in the Iowa Code, it shall be interpreted or construed according to its generally accepted meaning in the construction industry; and fourth, if it has no generally accepted meaning in the construction industry, it shall be interpreted or construed according to its common or customary usage. Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not limit liability hereunder. The Contract is hereby made a part of this Bond. r; CD C_7 1\3 :.J Sludge Storage Tank 8801 Masonry Repair Project 00 61 10 — Page 3 of 4 PRINCIPAL: SURETY: Printed Name of Contractor Officer Surety Company Name By By Signature of Contractor Officer Signature of Attorney-in-Fact Officer Title of Contractor Officer Printed Name of Attorney-in-Fact Officer Company Name of Attorney-in-Fact Company Address of Attorney-in-Fact City, State, Zip Code of Attorney-in-Fact Telephone Number of Attorney-in-Fact NOTE: 1. All signatures on this performance, payment, and maintenance bond must be original signatures in ink; copies, facsimile, or electronic signatures will not be accepted. 2. This bond must be sealed with the Surety's raised, embossing seal. 3. The Certificate or Power of Attorney accompanying this bond must be valid on its face and sealed with the Surety's raised, embossing seal. 4. The name and signature of the Surety's Attorney-in-Fact/Officer entered on this bond must be exactly as listed on the Certificate or Power of Attorney accompanying this bond. ri. h•.,x CA { hJ r" rmr-I CD t Sludge Storage Tank 8801 Masonry Repair Project 00 61 10 — Page 4 of 4 00 72 00 GENERAL CONDITIONS ARTICLE 1 — DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms c-) �,' A. Wherever used in the Contract Documents the terms listed 156iiiW will have the meanings indicated which are applicable to both the singular and'plural thereof. 1. Addenda--Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the Contract Documents. 2. Agreement--The written instrument which is evidence of the agreement between OWNER and CONTRACTOR covering the Work. 3. Application for Payment--The form acceptable to OWNER which is to be used by CONTRACTOR during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos--Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. 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 authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim--A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract--The entire and integrated written agreement between OWNER and CONTRACTOR concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 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 Sludge Storage Tank 8801 Masonry Repair Project 00 72 00 — Page 1 of 50 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. 13. Contract Price--The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.03 in the case of Unit Price Work). 14. Contract Times--The number of days or the dates stated in the Agreement to: (i) achieve milestones; (ii) achieve Substantial Completion; and (iii)',-complete the Work so that it is ready for final payment as evidenced by OWNER's'written approval of final payment. 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 of the 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 indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Extra Work--Work not provided for in the Contract as awarded or deemed essential to the satisfactory completion of the Contract and authorized by OWNER. 20. Field Order--A written order issued by OWNER which requires minor changes in the Work, but which does not involve a change in the Contract Price or the Contract Times. OWNER 21. Final Payment--Payment made to CONTRACTOR after all work is satisfactorily completed. Final payment does not include retainage. 22. General Requirements--Sections of Division 1 of the Specifications. 23. Hazardous Environmental Condition--The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 24. Hazardous Waste--The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903), as amended from time to time. 25. Laws and Regulations; Laws or Regulations--Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. Sludge Storage Tank 8801 Masonry Repair Project 00 72 00 — Page 2 of 50 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 completion date or time prior to Substantial Completion of all the Work. 28. Notice of Award--The written notice by OWNER to the apparent successful bidder stating that upon timely compliance by the apparent successful bidder with the conditions precedent listed therein, OWNER will sign and deliver the Agreement. 29. Notice to Proceed--A written notice given by OWNER to CONTRACTOR fixing the date on which the Contract Times will commence and on which CONTRACTOR shall start to perform the Work under the Contract Documents. 30. OWNER--The City of Iowa City with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be performed, including its employees and professional consultants under contract providing services for the Work. 31. OWNER's Professional Consultant--An individual or entity having a contract with OWNER to furnish services as OWNER's independent professional consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 32. Partial Utilization--Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 33. PCBs--Polychlorinated biphenyls. 34. Petroleum--Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 12.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 35. Project--The total construction of the Work to be performed under the Contract Documents, which may be the whole or a part, as may be indicated in the Contract Documents. 36. Project Manual--The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manua11 which may be bound in one or more volumes, is contained in the table(s) of contents. 37. Proposal--The proposal is a properly signed and guaranteed written offer of the bidder containing the bid amount to perform the work. Proposal is the some as Bid. 38. 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. 39. Resident Project Representative--The authorized representative of OWNER who is assigned to the Site or any part thereof. 40. 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. Sludge Storage Tank 8801 Masonry Repair Project 00 72 00 — Page 3 of 50 41. 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. 42. 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. 43. Specifications--That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. 44. Subcontractor--An individual or entity having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the Site. 45. Substantial Completion--The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of OWNER, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 46. Supplementary Conditions--That part of the Contract Documents which amends or supplements these General Conditions. 47. 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. 48. 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. 49. Unit Price Work--Work to be paid for on the basis of unit prices. 50. 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. 51. 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 Sludge Storage Tank 8801 Masonry Repair Project 00 72 00 — Page 4 of 50 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. 52. Written Amendment--A written_statement modifying the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the,non-engineering or nontechnical rather than strictly construction-related,aspects of the Contract Documents. 1.02 Terminology A. Intent of Certain Terms or Adjectives 1. Whenever in the Contract Documents the terms "as allowed;" "as approved," or terms of like 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. Sludge Storage Tank 8801 Masonry Repair Project 00 72 00 — Page 5 of 50 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. /1 E. Unless stated otherwise in the Contract Documents, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized'meaning: ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds A. When CONTRACTOR delivers the executed Agreement to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish. 2.02 Copies of Documents A. OWNER shall provide copies of returned bidding documents if available. 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: Sludge Storage Tank 8801 Masonry Repair Project 00 72 00 — Page 6 of 50 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; 2270 OCT -2 2...a schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing, and processing such submittal; CITY CLT.and ``m C' • 3. a schedule of values for all the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. C. Evidence of Insurance: Before any Work at the Site is started, CONTRACTOR shall deliver a certificate of insurance which CONTRACTOR is required to purchase and maintain in accordance with Article 5. 2.06 Preconstruction Conference A. Within 20 days after the Contract Times start to run, but before any Work at the Site is started, a conference attended by CONTRACTOR, OWNER, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.05.B, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 2.07 Initial Acceptance of Schedules A. Unless otherwise provided in the Contract Documents, 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. Sludge Storage Tank 8801 Masonry Repair Project 00 72 00 — Page 7 of 50 3. CONTRACTOR's schedule of values will be acceptable to OWNER as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ?7?J OCT -2 Ail 8: ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE t/ ? \J CLER1i 3.01 Intent ' /A CITY, 10':',`, A. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether specifically called for at no additional cost to OWNER. C. Clarifications and interpretations of the Contract Documents shall be issued by OWNER and shall be consistent with the intent of and as reasonably inferable from the Contract Documents. D. In case of any discrepancy between the various items included in the Contract Documents, the items shall prevail, or govern, in the following descending order: Change Orders; Addenda; Contract; Proposal; Drawings; Specifications. 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 Sludge Storage Tank 8801 Masonry Repair Project 00 72 00 — Page 8 of 50 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 discrepancy in the Contract Documents unless CONTRACTOR knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction (whether specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: (i) a Written Amendment or (ii) a Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: (i) a Field Order; (ii) OWNER's approval of a Shop Drawing or Sample; or (iii) OWNER's written interpretation or clarification 3.05 Reuse of Documents A. CONTRACTOR and any Subcontractor or Supplier or other individual or entity performing or furnishing any of the Work under a direct or indirect contract with OWNER: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or on behalf of OWNER, including electronic media editions; and (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 Sludge Storage Tank 8801 Masonry Repair Project 00 72 00 — Page 9 of 50 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 manner and pay for easements for permanent structures or permanent changes in existing facilities. B. Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein. C. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Such additional land uses acquired by CONTRACTOR shall be by written agreement with the property owner. A copy of the written agreement shall be provided to OWNER. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that OWNER has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that OWNER has used in preparing the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER with respect to: 1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and 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. Sludge Storage Tank 8801 Masonry Repair Project 00 72 00 — Page 10 of 50 4.03 Differing Subsurface or Physical Conditions A. Notice: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. differs substantially and materially from that shown or indicated in the Contract Documents; or 2. is of an unusual nature, and differs substantially and materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), notify OWNER in writing about such condition. CONTRACTOR shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order by OWNER to do so. B. OWNER'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, performance 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. ,J 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 CONTRACTOR's making such final commitment; or Sludge Storage Tank 8801 Masonry Repair Project 00 72 00— Page 11 of 50 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 Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to OWNER by OWNERs of such Underground Facilities, including OWNER, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. OWNER shall not be responsible for the accuracy or completeness of any such information or data; and 2. The cost of all 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; Sludge Storage Tank 8801 Masonry Repair Project 00 72 00 — Page 12 of 50 4. It is understood and agreed that CONTRACTOR has considered in the Bid all of the permanent and temporary utility appurtenances in their present or relocated positions as shown in the Contract Documents and that additional compensation will not be allowed for any delays, inconvenience, or damage sustained by CONTRACTOR due to any interference from the utility appurtenances or their operation or relocation. B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), identify OWNER of such Underground Facility and give written notice to that owner and to OWNER. OWNER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility. No compensation shall be due for any Work stoppage caused by the location of an Underground Facility. C7 2. If OWNER concludes that a change in the Contract Documents is ireq*ed, 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 of the "technical data" contained in such reports Sludge Storage Tank 8801 Masonry Repair Project 00 72 00 — Page 13 of 50 and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such"technical data,"CONTRACTOR may not rely upon or make any Claim against OWNER or OWNER's Professional Consultants with respect to: 1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any"technical data" or any such other data, interpretations, opinions or information. C. CONTRACTOR shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. CONTRACTOR shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by CONTRACTOR, Subcontractors, Suppliers, or anyone else for whom CONTRACTOR is responsible. D. If CONTRACTOR encounters a Hazardous Environmental Condition or if CONTRACTOR or anyone for whom CONTRACTOR is responsible;' creates a Hazardous Environmental Condition, CONTRACTOR shall immediately: (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. Sludge Storage Tank 8801 Masonry Repair Project 00 72 00 — Page 14 of 50 G. To the fullest extent permitted by Laws and Regulations, OWNER shall indemnify and hold harmless CONTRACTOR, OWNER's Professional Consultants and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this paragraph 4.06.E shall obligate OWNER to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, OWNER's Professional Consultants, and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this paragraph 4.06.F shall obligate CONTRACTOR to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of paragraphs 4.02, 4.03, and 4.04 are not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the Site. 121 ARTICLE 5— BONDS AND INSURANCE — N 5.01 Performance, Payment, and Other Bonds — n 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 (2) years from the date of acceptance of the work under the Contract, 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 CONTRACTOR 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.B, Sludge Storage Tank 8801 Masonry Repair Project 00 72 00 — Page 15 of 50 CONTRACTOR shall within 20 days thereafter substitute another Bond and surety, both of which shall comply with the requirements of paragraphs 5.01.B and 5.02. 5.02 License Sureties and Insurers A. All Bonds and insurance required by the Contract Documents to be purchased and maintained by CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. CONTRACTOR shall deliver to OWNER certificates of insurance which CONTRACTOR is required to purchase and maintain. 5.04 Contractor's Liability Insurance The limits of liability for the insurance shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Workers' Compensation, and related coverages: a. State: Statutory b. Applicable Federal (e.g., Longshoreman's): Statutory c. Employer's Liability: $1,000,000 2. Contractor's General Liability 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 $1,000,000 Each Occurrence $1,000,000 3. Automobile Liability: a. Bodily injury and Property Damage: Single Combined Limit $1,000,000 In addition, Contractor shall be required to comply with the following provisions with respect to insurance coverage: Sludge Storage Tank 8801 Masonry Repair Project 00 72 00 — Page 16 of 50 Comprehensive General Liability using Insurance Services Office CG0001 or equivalent, shall include Contractual, Premises & Operations, Products & Completed Operations, Independent Contractors, Personal & Advertising Injury coverages, and Aggregate Limits of Insurance (Per Project) endorsement. Automobile Liability shall include all owned, non-owned and hired autos and also coverage for Contractual Liability. Excess Liability shall provide no less than following form coverage to the primary underlying policies. The entire amount of Contractor's liability insurance policy coverage limits, identified in the policy and in the Certificate of Insurance, must, under the policy, be available to pay damages for which the insured Contractor becomes liable, or for which the insured assumes liability under the indemnity agreement herein contained, and such coverage amount shall not be subject to reduction or set off by virtue of investigation or defense costs incurred by Contractor's insurer. 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. The Contractor shall include the Owner (City of Iowa City, including its employees, agents and assigns) as additional insured on all policies, except workers compensation and professional liability. Such additional insured endorsements(s) shall make the Contractor's liability insurance primary to the Owner's and, furthermore, shall not be contributing with any other insurance or similar protection available to the Owner, whether such available protection be primary, contributing or excess. Owner shall be an Additional Insured with respect to all required aforementioned coverages, which shall be stated on all Certificates of Insurance. Such Certificates shall also state that the Governmental Immunities Endorsement apply and said endorsements shall be attached thereto. The Contractor shall require any of its agents and subcontractors who perform work and/or services pursuant to the provisions of this Agreement to purchase and maintain the same types of insurance as are required of the Contractor. 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 that the Contractor's Insurance carrier be A rated or better by A.M. Best. Sludge Storage Tank 8801 Masonry Repair Project 00 72 00 — Page 17 of 50 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, either due to activities under this Contract, or due to other activities not under this Contract but covered by the same insurance, and such losses exhaust the aggregate limits of Contractor 's liability insurance, then Owner may, in its discretion, either suspend Contractor 's operations or activities under this Contract, or terminate this Contract, and withhold payment for Work performed on the Contract. 5.05 Acceptance of Bonds 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 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. OWNER shall purchase and maintain property insurance upon the Work at the site in the amount of the full replacement cost thereof. This insurance shall: 1. include the interests of OWNER, CONTRACTOR, Subcontractors, OWNER's Professional Consultants, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 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 of 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. Sludge Storage Tank 8801 Masonry Repair Project 00 72 00 — Page 18 of 50 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 superintendent thereto who shall not be replaced without written notice to OWNER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the Site and shall have authority to act on behalf of CONTRACTOR. All communications given to or received from the superintendent shall be binding on CONTRACTOR. The name, address and telephone number of the Resident Superintendent shall be provided to OWNER prior to commencement of Work. 6.02 Labor; Working Hours A. CONTRACTOR shall provide competent, suitably qualified personnel to s r ey, layout, and construct the Work as required by the Contract Documents. CONTRACTOR shall always maintain good discipline and order at the Site. =9 c) B. Except as otherwise required for the safety or protection of persohi 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 om 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 Requirements, 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 Documents. Sludge Storage Tank 8801 Masonry Repair Project 00 72 00 — Page 19 of 50 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 Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or"or-equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to OWNER for review under the circumstances described below: 1. "Or-Equal" Items: If, in OWNER's sole discretion, an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by OWNER as an "or-equal" item, in which case review and approval of the proposed item may, in OWNER's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: 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. Sludge Storage Tank 8801 Masonry Repair Project 00 72 00 — Page 20 of 50 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 CONTRACTOR's achievement of Substantial Completion on time, whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute item and whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute item from that specified shall be identified in the application, and available engineering, sales, maintenance, repair, and replacement services shall be indicated. The application shall also contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, all of which will be considered by OWNER in evaluating the proposed substitute item. OWNER may require CONTRACTOR to furnish additional data about the proposed substitute item. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, 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.B. OWNER will be the sole judge of acceptability. No "or-equal" or substitute will be ordered, installed or utilized until OWNER's review is complete, which will be evidenced by either a Change Order for a substitute, an approved Shop Drawing for an "or equal". OWNER will advise CONTRACTOR in writing of any negative determination. D. Special Guarantee: OWNER may require CON-,TRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute. Sludge Storage Tank 8801 Masonry Repair Project 00 72 00— Page 21 of 50 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.B), 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 Contract requires the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to OWNER in advance for acceptance by OWNER by a specified date prior to the Effective Date of the Agreement, and if CONTRACTOR has submitted a list thereof in accordance with the Contract, OWNER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. CON-,TRACTOR shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued, or Written Amendment signed. No 'acceptance by OWNER of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of OWNER to reject defective Work. C. CONTRACTOR shall be fully responsible to OWNER for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between OWNER and any such Subcontractor, Supplier or other individual or entity, nor shall it create any obligation on the part of OWNER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. E. CONTRACTOR shall require all Subcontractors, Suppliers, and such other individuals or entities performing or 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. Sludge Storage Tank 8801 Masonry Repair Project 00 72 00 — Page 22 of 50 G. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on property insurance, the agreement between CONTRACTOR and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against OWNER, CONTRACTOR, OWNER's Professional Consultant (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, CONTRACTOR will obtain the same. 6.07 Patent Fees and Royalties A. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights 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 Contract, 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 of opening 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 CONTRACTOR's compliance with any Laws or Regulations. Sludge Storage Tank 8801 Masonry Repair Project 00 72 00 — Page 23 of 50 B. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)arising out of or relating to such Work; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.03. 6.10 Taxes A. CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations,of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas • A. Limitation on Use of Site and Other Areas 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 for any damage to any such land or area, or to OWNER or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, OWNER's Professional Consultant, and the officers, directors, partners, employees, agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, OWNER's Professional Consultant, or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. B. Removal of Debris During Performance of the 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. Sludge Storage Tank 8801 Masonry Repair Project 00 72 00— Page 24 of 50 D. Loading Structures: CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. CONTRACTOR shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to OWNER and OWNER's Professional Consultant for reference. Upon completion of the Work, these record documents, $anples,,and Shop Drawings will be delivered to OWNER. 6.13 Safety and Protection r") 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 of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. All damage, injury, or loss to any property referred to in paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER, its employees, or anyone for whose acts OWNER may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed in accordance with paragraph 12.07.E that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). Sludge Storage Tank 8801 Masonry Repair Project 00 72 00— Page 25 of 50 C. CONTRACTOR shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connections with the Work. OWNER will not have such responsibility. No action under taken by OWNER under General Conditions paragraphs 13.1 or 13.2, will constitute a transfer of this responsibility or acceptance of this responsibility by OWNER. 6.14 Safety Representative A. CONTRACTOR shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be-made available to or exchanged between or among employers at the Site in accordance 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 Sludge Storage Tank 8801 Masonry Repair Project 00 72 00— Page 26 of 50 by paragraph 2.07, any related Work performed prior to OWNER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. D. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have: a. 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 communication 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. OWNER'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. OWNER'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 for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called OWNER's Sludge Storage Tank 8801 Masonry Repair Project 00 72 00 — Page 27 of 50 attention to each such variation at the time of each submittal as required by paragraph 6.17.D.3 and OWNER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing ,or Sample approval; nor will any approval by OWNER relieve - CONTRACTOR from responsibility for complying with the requirements of paragraph 6.17.D.1. F. Resubmittal Procedures 1. CONTRACTOR shall make corrections required by OWNER and shall return the required number of 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, and 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 so; 6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by OWNER; Sludge Storage Tank 8801 Masonry Repair Project 00 72 00 - Page 28 of 50 7. any inspection, test, or approval by others; or 8. any correction of defective Work by OWNER. 6.20 Indemnification A. 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 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 A. OWNER may perform other work related to the Project at the Site by OWNER's employees, or let other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to CONTRACTOR prior to starting any such other work. Sludge Storage Tank 8801 Masonry Repair Project 00 72 00 — Page 29 of 50 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 2C?O C I -execution of such other work and shall properly coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, C;' •fitting, and patching of the Work that may be required to properly connect or otherwise }Y 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 CONTRACTOR's Work. CONTRACTOR's failure to so report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If OWNER intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility for such coordination. ARTICLE 8 — OWNER'S RESPONSIBILITES 8.01 Furnish Data A. OWNER shall promptly furnish the data required of OWNER under the Contract Documents. 8.02 Pay Promptly When Due A. OWNER shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 12.02.0 and 12.07.C. Sludge Storage Tank 8801 Masonry Repair Project 00 72 00— Page 30 of 50 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 areset 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 purchasing 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 of Financial Arrangements A. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrangements have been made to satisfy OWNER's obligations under the Contract Documents, OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 -PAYMENTS 9.01 Scope of Payment A. CONTRACTOR shall accept the compensation herein provided as full payment for furnishing all material, labor, tools, and equipment and for performing all work under the Contract or any extension thereof allowed under Article 10; also, for all cost arising from the action of the elements or other natural causes, agreements, and performances, non-performances, or delays involving other contractors and third parties, or injunctions or lawsuits resulting therefrom, or from any unforeseen difficulties not otherwise provided for in the Contract Documents and which may be encountered during prosecution of the Work and up to the time of acceptance Sludge Storage Tank 8801 Masonry Repair Project 00 72 00 — Page 31 of 50 thereof, except damage to the Work due to acts of war. Nothing herein shall in and of itself be construed to prejudice or deny any claim filed under provisions of Article 9.05. B. The Contract Price for any item shall be full compensation for acceptable work and for materials, equipment, tools, and labor for performance of all work necessary to complete the item in accordance with the Contract Documents. 9.02 Payment 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 of the exact quantity of work performed, such as transportation and installation costs on equipment, overhead cost, etc. Any price adjustment shall be arrived at from the standpoint that neither party to the contract shall be penalized by the increase or decrease in quantities which occasioned the price adjustment. B. Extra Work. 1. Extra Work ordered by OWNER of a quality or class not covered by the Contract, will be paid for either at an agreed price or on a force account basis. a. Agreed Price Basis. For Extra Work ordered by OWNER and performed on an agreed price basis, OWNER and CONTRACTOR shall enter into a written agreement before the work is undertaken. This written agreement shall describe the Extra Work that is to be done and shall specify the agreed price or prices therefor. b. Force Account Basis. (1) For Extra Work performed on a force account basis, CONTRACTOR shall receive the rate of wage (or scale) agreed to in writing with OWNER before beginning work for each and every hour that laborers, timekeepers, supervisors, and superintendents are actually engaged in work. (2) CONTRACTOR shall receive the actual costs paid to, or in behalf of, workers by reason of subsistence and travel allowances, health and welfare benefits, pension fund benefits, or other benefits, when the amounts are required by a collective bargaining agreement or other employment contract generally 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 Sludge Storage Tank 8801 Masonry Repair Project 00 72 00 — Page 32 of 50 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 cv - 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 OWNER and one to CONTRACTOR. Claims for Extra Work performed on a force account basis shall be submitted to OWNER in triplicate. Any receipts or statements required by OWNER to support such claims shall be attached thereto. Such claims shall be filed no later than the tenth day of the month following that in which the work was actually performed, and shall 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. Sludge Storage Tank 8801 Masonry Repair Project 00 72 00 — Page 33 of 50 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 against OWNER except for an extension of ,Contract period. Notices described in this Article 9 shall be transmitted by ordinary mail. G. For finished portions of non-major items cancelled, CONTRACTOR will be paid, at the contract unit prices, in accordance with the provisions of Article 9.02. For finished portions of major items cancelled, CONTRACTOR will be paid as provided in Article 9.02. For all items, materials ordered and delivered for the unfinished portion of such cancelled or omitted items, OWNER will pay cost plus 10 percent as an overhead charge. CONTRACTOR's expense for handling or transporting this material shall be included in computing the cost. OWNER will also pay any actual expenses sustained by CONTRACTOR by reason of such cancellation or omission and not represented by work completed or material delivered. In computation of material cost or expenses sustained, no anticipated profit will be included. Material paid for shall become the property of OWNER and shall be disposed of as directed by OWNER. 9.04 Standardized Contract Clauses A. Suspensions of Work Ordered by OWNER Sludge Storage Tank 8801 Masonry Repair Project 00 72 00 — Page 34 of 50 1. If the performance of all or any portion of the Work is suspended or delayed by OWNER in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and CONTRACTOR believes that additional compensation and/or contract time is due as a result of such suspension or delay, CONTRACTOR shall submit to OWNER, in writing, a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. 2. Upon receipt, OWNER will evaluate CONTRACTOR's request. If OWNER agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of CONTRACTOR, its Suppliers, or Subcontractors at any approved tier, and not caused by weather, OWNER will make an adjustment (excluding profit) and modify the Contract in writing accordingly. CONTRACTOR will be notified of OWNER's determination whether an adjustment of the Contract is warranted. -3. No.Contract adjustment will be allowed unless CONTRACTOR has submitted the written request for adjustment within the time prescribed. :4. No Contract adjustment will be allowed under this clause to the extent that I performance would have been suspended or delayed by any other cause, or for which adjustment is provided or excluded under any other term or condition of this T Contract. B., Significant Changes in the Character of Work. 1. OWNER reserves the right to make, in writing, at any time during the Work, such changes in quantities and such alterations in the Work as are necessary to satisfactorily complete the Project. Such changes in quantities and alterations will not invalidate the Contract nor release the surety, and CONTRACTOR agrees to perform the Work as altered. 2. If the alterations or changes in quantities significantly change the character of the Work under the Contract, whether such alterations or changes are in themselves significant changes to the character of the Work or, by affecting other work, cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the Contract. The basis for the adjustment shall be agreed upon in writing prior to the performance of the Work. If a basis cannot be agreed upon, then an adjustment will be made either for or against CONTRACTOR in such amount as OWNER may determine to be fair and equitable. 3. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the Contract, the altered Work will be paid for as provided elsewhere in the Contract. 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 Sludge Storage Tank 8801 Masonry Repair Project 00 72 00 — Page 35 of 50 only to that portion in excess of 125 percent of,original Contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed. 9.05 Disputed Claims for Extra Compensation c ' -1Y �` "., �,,: I 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, nonperformance's, 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.E 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 affidavit of the claimant or other persons having knowledge of the facts. If the claimant wishes an opportunity to present the claim in person, then the claim shall be accompanied by a written request to do so. Where the claimant asks an opportunity to present the claim in person, OWNER, within 30 calendar days of the filing of the claim, will fix a time and place for a meeting, between the claimant and OWNER. OWNER will, within a reasonable time from the filing of the claim or the meeting above referred to, whichever is later, rule upon the validity of the claim and notify the claimant, in writing, of the ruling together with the reasons therefor. In case the claim is found to be just, in whole or in part, it will be allowed and paid to the extent so found. CONTRACTOR shall not institute any court action against OWNER for the adjudication of any claims until the claim has been first presented to OWNER pursuant to this Article. ARTICLE 10 — CHANGE OF CONTRACT ITEMS 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. Sludge Storage Tank 8801 Masonry Repair Project 00 72 00 — Page 36 of 50 10.02 Delays Beyond CONTRACTOR's Control A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of CONTRACTOR, the Contract Times will be extended in an amount equal to the time lost due to-such delay if a Claim is made therefor as provided in paragraph 10.01.A. Delays beyond the control of CONTRACTOR shall include, but not be limited to, negligent acts by OWNER, negligent acts by utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. 10.03 Delays Within CONTRACTOR's Control A. The Contract Times will not be extended due to delays within the control of CONTRACTOR. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 10.04 Delays Beyond OWNER's and CONTRACTOR's Control A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control 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 remedy for such delay. 10.05 Delay Damages A. In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from: 1. delays caused by or within the control of CONTRACTOR; 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 Sludge Storage Tank 8801 Masonry Repair Project 00 72 00 — Page 37 of 50 for their observation, inspecting, and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's Site safety procedures and programs so that they may comply therewith as applicable. 11.03 Tests and Inspections A. CONTRACTOR shall give OWNER timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. OWNER shall employ and pay for the services of an independent testing laboratory to 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.B 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 inspected, tested, or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish OWNER the required certificates of inspection or approval. D` 'CONTRACTOR shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for OWNER's acceptance of materials or equipment to be incorporated in the Work, or acceptance of materials, 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, be 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 Sludge Storage Tank 8801 Masonry Repair Project 00 72 00 — Page 38 of 50 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 the cause for such order has been eliminated. The right of OWNER, however, to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or any surety for, employee or agent of any of them. 11.06 Correction or Removal of Defective Work A. CONTRACTOR shall correct all defective Work, whether fabricated, installed, or completed, or, if the Work has been rejected by OWNER, remove it from the Project and replace it with Work that is not defective. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, 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 6.11.A 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 Sludge Storage Tank 8801 Masonry Repair Project 00 72 00 — Page 39 of 50 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 period of one year after such correction or removal and replacement has been satisfactorily completed. D. CONTRACTOR's obligations under this paragraph 11.07 are in addition to any other obligation or warranty. The provisions of this paragraph 11.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 11.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, OWNER prefers to accept it, OWNER may do so. CONTRACTOR shall pay all Claims, ``'costs, losses, and damages (includingbut not limited to all fees and charges of � g 9 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 Sludge Storage Tank 8801 Masonry Repair Project 00 72 00 — Page 40 of 50 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, „n, , _? and incorporate in the Work all materials and equipment stored at the Site or for which L 1.0 ` OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR rIT ., shall allow OWNER, OWNER's representatives, agents and employees, and `` I OWNER's other contractors access to the Site to enable OWNER to exercise the rights y 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 parties are unable to agree as to the amount of the adjustment, OWNER may make a Claim therefor as provided in Article 9. Such claims, costs, losses and damages will include, but not be limited to, all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of CONTRACTOR's defective Work. D. CONTRACTOR shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies under this section 11.09. ARTICLE 12 — PAYMENTS TO CONTRACTOR AND COMPLETION 12.01 Schedule of Values 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. Sludge Storage Tank 8801 Masonry Repair Project 00 72 00— Page 41 of 50 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 corrections and resubmit the Application. 2. Payment by OWNER of amount requested in an Application for Payment will constitute a representation by OWNER that to the best of OWNER's knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents subject to: (i) an evaluation of the Work as a functioning whole prior to or upon cv Substantial Completion, (ii) the results of any subsequent tests called for in the Contract Documents, (iii) a final determination of quantities and classifications G'' - for Unit Price Work under Article 9, and (iv) any other qualifications stated in 11 the recommendation; and �� 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 �J 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 Sludge Storage Tank 8801 Masonry Repair Project 00 72 00 — Page 42 of 50 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 Work in accordance with paragraph 11.09; or d. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraph 13.02.A. C. Payment Becomes Due 1. Twenty days after presentation of the Application for Payment to OWNER, the amount will become due, subject to the provisions of paragraph 12.02.D, 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 furnishing 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 occurrence of any of the events cIr >:( enumerated in paragraphs 12.02.B.5.a through 12.02.B.5.c or paragraph w 13.02.A. 2. If OWNER refuses to make payment of the full amount, OWNER must give N 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. Sludge Storage Tank 8801 Masonry Repair Project 00 72 00 — Page 43 of 50 12.04 Substantial Completion A. When CONTRACTOR considers the entire Work ready for its intended use, CONTRACTOR shall notify OWNER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that OWNER issue a certificate of Substantial Completion. B. Promptly thereafter, OWNER and CONTRACTOR shall make an inspection of the Work to determine the status of completion. If OWNER does not consider the Work substantially complete, OWNER will notify CONTRACTOR in writing, giving the reasons therefor. C. If OWNER considers the Work substantially complete, OWNER will prepare a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion and will issue a final certificate of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. D. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. 12.05 Partial Utilization A. Use by OWNER at OWNER's option of any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which OWNER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following conditions: c' 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. Sludge Storage Tank 8801 Masonry Repair Project 00 72 00 — Page 44 of 50 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 CONTRACTOR has, in the opinion of OWNER, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance certificates of inspection, marked-up record documents (as provided in paragraph 6.12), and any other necessary documents, CONTRACTOR may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied by the following, unless previously delivered: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5..04.B.7; (ii) consent of the surety, if any, to final payment; and (iii) complete and � legally effective releases or waivers satisfactory to OWNER of all Lien rights arising ..L....", 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 c~' 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 Sludge Storage Tank 8801 Masonry Repair Project 00 72 00 — Page 45 of 50 1. Thirty days after the formal acceptance of the Work by OWNER, retainage will become due and payable. 12.08 Final Completion Delayed A. If final completion of the Work is significantly delayed through no fault of CONTRACTOR, OWNER may, upon receipt of CONTRACTOR's final Application for Payment, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to OWNER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 12.09 Waiver of Claims A. The rraki.ng and acceptance of final payment will constitute a waiver of all Claims: . 1 .by OWNER against CONTRACTOR, except Claims arising from unsettled ; Liens, from defective Work appearing after final inspection pursuant to paragraph 12.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 2. by CONTRACTOR against OWNER other than those previously made in writing which are still unsettled. ARTICLE 13 — SUSPENSION OF WORK AND TERMINATION 13.01 OWNER May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination of the Contract for cause: 1. CONTRACTOR's persistent failure to perform the Work in accordance with the Contract Documents, including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.07 as adjusted from time to time pursuant to paragraph 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 events identified in paragraph 13.01.A occur, OWNER may, after giving CONTRACTOR and the surety, if any, seven days written notice, terminate the Sludge Storage Tank 8801 Masonry Repair Project 00 72 00 — Page 46 of 50 services of CONTRACTOR, exclude CONTRACTOR from the Site, and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by CONTRACTOR without liability to CONTRACTOR for trespass or conversion, incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages, including, but not limited to, all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs sustained by OWNER arising out of or relating to completing the Work, such excess will be paid to CONTRACTOR. If such claims, costs, losses, and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses, and damages incurred by OWNER will be incorporated in a Change Order. When exercising any rights or remedies under this paragraph OWNER shall not be _required to obtain the lowest price for the Work performed. C. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR < then-existing or which may thereafter accrue. Any retention or payment of moneys due , ',CONTRACTOR by OWNER will not release CONTRACTOR from liability. 13.02 OVVNER 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 anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 13.03 CONTRACTOR May Stop Work or Terminate A. If, through no act or fault of CONTRACTOR, the Work is suspended for more than 90 consecutive days by OWNER or under an order of court or other public authority, or OWNER fails to act on any Application for Payment within 30 days after it is submitted, Sludge Storage Tank 8801 Masonry Repair Project 00 72 00 — Page 47 of 50 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 Sludge Storage Tank 8801 Masonry Repair Project 00 72 00 — Page 48 of 50 Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 15.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Agreement. 15.05 Controlling Law A. This Contract is to be governed by the laws of the State of Iowa. 15.06 Compliance with OSHA Regulations A. CONTRACTOR and all Subcontractors shall comply with the requirements of 29 CFR 1910 (General Industry Standard) and 29 CFR 1926 (Construction Industry Standard). CONTRACTOR and all Subcontractors are solely responsible for compliance with said regulations. 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, 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 (Anti-Discrimination Requirements). A. For all Contracts and subcontracts of $25,000 or more, CONTRACTOR and all affected Subcontractors shall abide by the requirements of the City of Iowa City Contract Compliance Program, which is included with these Specifications beginning on page CC 1. 15.09 Restriction on Non-Resident Bidding of Non-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 Sludge Storage Tank 8801 Masonry Repair Project 00 72 00 — Page 49 of 50 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 re-staking will be at CONTRACTOR's expense and will be charged at a rate of$75 per hour. End of General Conditions as Cy Sludge Storage Tank 8801 Masonry Repair Project 00 72 00— Page 50 of 50 00 73 00 SUPPLEMENTARY CONDTIONS No supplementary Conditions have been identified for this project. •ti, rk,t,t • erl" LS) 47,4 Sludge Storage Tank 8801 Masonry Repair Project 00 73 00 — Page 1 of 1 TECHNICAL SPECIFICATIONS COVER SHEET 04 05 00 COMMON WORK FOR MASONRY 04 20 00 UNIT MASORY DRAWINGS (Under Separate Cover) C) cp C C-) - N Sludge Storage Tank 8801 Masonry Repair Project — Page 1 of 1 N Li CVI ew n:,T L Technical Specifications for Wastewater Treatment Facility Sludge Storage Tank 8801 Masonry Repair Project City of Iowa City Iowa City, Iowa I hereby certify that the portion of this technical submission described below was prepared by me or under my direct supervision and responsible R NOF,,ii1 charge.I am a duly registered architect under the laws of the state of Iowa. �� O 40 + Jennifer Rinde Olson �v�= 0 7 7 7 3 <N• • License Number: 07773 W Renewal Date: June 30, 2021 = Z •• • Signature VC)`<\\%1 �` � Pages or sheets covered by this seal: Specification Sections 04 05 00, %% � AR�,_ 4 S 04 20 00. ........ Issued September 25, 2020 Stanley Consultants INC A Stanley Group Company Engineering,Environmental and Construction Services-Worldwide 29634.01.00 COMMON WORK RESULTS FOR MASONRY SECTION 04 05 00 - Page 1 GENERAL 1.01 SECTION INCLUDES A. Masonry mortar. B. Anchorages and reinforcements. C. Masonry cavity wall drainage system. D. Accessories. m ) 1.02 RELATED REQUIREMENTS -..�. ry " Fri A. Section 04 20 00- Masonry Units. Cr) ,„ 1.03 INFORMATIONAL SUBMITTALS '.:. A. Product Data: Anchorage system for field conditions not specified. B. Quality assurance data: 1. Certificates of compliance for reinforcing. 2. Certified laboratory tests for compressive strength of mortar mixes shall be submitted for review prior to commencement of masonry work, unless approved mix as specified is used. C. Field test reports. 1.04 ACTION SUBMITTALS A. Shop Drawings showing wall elevations. Elevations shall be drawn to scale and show following: 1. Joints, horizontal and vertical. 1.05 QUALITY ASSURANCE A. Masonry construction and materials shall conform to requirements of"Specifications for Masonry Structures (ACI 530.1/ASCE 6/TMS 602)," published by ACI. B. Testing laboratories: 1. Contractor shall retain services of qualified independent testing laboratory. Responsibilities of testing laboratory shall include: a. Field sampling and testing of mortar. b. Obtain, make samples, and trial batches of mortar (if required) and perform laboratory and field testing specified. c. Provide reports to Owner giving information on inspections, materials, design mixes, and testing performed and test results. d. Reports shall indicate whether materials meet specifications. e. Bind reports in one volume at end of Project and give 2copies to Owner. 1.06 1.06 STORAGE A. Cement and lime: Keep clean, dry, free of contact with ground and protect from weather damage. B. Aggregate: Stockpile on clean, noncontaminating surface. 1.07 ENVIRONMENTAL REQUIREMENTS COMMON WORK RESULTS FOR MASONRY 29634 Page 2 - SECTION 04 05 00 A. At temperatures below 40°F (4°C), heat, but do not scorch, sand; heat mixing water to not over 160°F (71°C) and keep mortar between 40°F (4°C)and 120°F (49°C). Maintain temperature of mortar above freezing. B. When mean daily air temperature is 40°F (4°C) or below, completed masonry shall be protected in accordance with Section 04 20 00. PART 2 PRODUCTS 2.01 MATERIALS - GENERAL A. Water: Potable, clean, free from deleterious amounts of oil, acid, alkali, and organic matter. B. Do not use admixtures to lower freezing point. .< i -=t C. Air content of mortar shall not exceed 12%. - rn ^� t c� . . D. Use same brand of each different proprietary material throughout Project. . '. 2.02 MORTAR c'") A. Proportions and strength: ASTM C270 "Proportion Specifications." Proportions shall be as indicated in Table 1. Table 1 Mortar Parts by Volume Part by Volume Aggregate Measured in Compressive Type Portland Cement Hydrated Lime a Damp Loose Condition Strength, minimum (psi) Not less than 2-1/4 and not more than 3 times sum of volumes of N 1 Over 1/2 to 1-1/4 cements and limes used 750 (5.2 mPa) B. Use portland cement-lime mortar. No masonry cement allowed. C. Use no admixtures, salts, or anti-freeze compounds. D. Use Type N mortar for brick veneers. E. Preblended mortar: Cementitious materials, aggregate, and admixtures shall be blended at factory under controlled conditions, and mix shall only require addition of water of job Site. F. Mixing: 1. Accurately measure mortar materials by volume. 2. Mix sand, lime, and cement dry to uniform color using drum-type mixer. 3. Add water to bring mortar to proper consistency for use. 4. Mix for at least 3 minutes after adding water. 5. Thoroughly clean mixer after discharging each batch. 6. Use mortar within 2-1/2 hours after initial mixing and discard mortar not used within this time. 7. Mortar may be retempered by adding water and remixing at any time within 2 hours after initial mixing. G. Use same brand of each different proprietary material throughout Project. H. Color: To match existing. 2.03 REINFORCEMENT AND ANCHORAGES 29634.01.00 COMMON WORK RESULTS FOR MASONRY SECTION 04 05 00 - Page 3 A. Manufacturers and products listed are for reference purposes. Equivalent products by other manufacturers are acceptable. B. Veneer anchors: Hohmann and Barnard, "HB-5213-2X," 14 gage Stainless Steel adjustable veneer anchor plates with expansion bolts. Use a spacing of 16" (400 mm) oc each way, offset from existing abandoned anchor channels. 2.04 MASONRY FLASHINGS A. Through-wall flashing: "Perm-a-Barrier"wall flashing, self-adhesive, cold-applied sheet consisting of 32 mils (0.8 mm) of rubber-bonderized asphalt integrally bonded to 8-mil (0.2 mm), high-density, cross-laminated polyethylene film. Use in conjunction with "Bituthene Mastic" and "Perm-a-Barrier" surface conditioner. W. R. Grace and Company, or equal. B. Drip edge flashing: 26-gage (0.4 mm) stainless steel. 2.05 MASONRY CAVITY WALL DRAINAGE SYSTEM A. Construction: 1. Cavity wall: Open mesh weave 10" (250 mm) high x cavity width. "Mortar Net" dra(nage system by Mortar Net. y - c7-< I B. Use: Where shown on Drawings. 2.06 ACCESSORIES • c A. Control joints: Preformed rubber material; RS series by Hohmann and Barnard. B. Joint filler: "Polyseal" precompressed self-expanding polyurethane foam impregnated sealant tape, adhesive on one side, sized to suit joint conditions, by Sandell Manufacturing Co., or equal. C. Weep holes: "QV Quadro-Vent" by Hohmann and Barnard, or equal. Size to fit vertical brick joints. PART 3 EXECUTION 3.01 MIXING MORTAR A. Conform to ASTM C270 for mortar except as otherwise specified herein. B. Accurately measure materials, using mechanical measuring device or other method that will consistently maintain specified proportions by volume. C. Mix mortar with a maximum amount of water consistent with satisfactory workability. D. Mix in drum-type mixer for at least 3 minutes and not more than 5 minutes. Mortar that has stiffened due to evaporation of water shall be retempered by adding water as frequently as needed to restore required consistency and shall be used and placed in final position within 2-1/2 hours after initial mixing. Empty drum completely before starting new batch. 3.02 REINFORCEMENT AND ANCHORAGES A. See Drawings for joint reinforcement spacing. B. Veneer anchors: Anchor ends shall be embedded in mortar. 3.03 MASONRY FLASHINGS COMMON WORK RESULTS FOR MASONRY 29634 Page 4 - SECTION 04 05 00 A. Through-wall flashing: Install stainless steel drip flashing 2" (50 mm)wide with 1/2" (13 mm) drip set at 45° angle. Set in place and then lap self-adhesive wall flashing over drip flashing. B. Extend wall flashings through veneer, turn up minimum 8" (200 mm) and provide termination bar and sealant at concrete back-up. C. Extend wall flashings up one masonry course to form flashing dam at end of wall flashings. Seal all penetrations through flashings watertight. D. Follow manufacturer's installation recommendations. E. Lap end joints minimum 6" (150 mm) and seal watertight. F. Use adhesive recommended by flashing manufacturer. G. Calk underside of drip flashing. 3.04 WEEP HOLES A. Install in vertical brick joints at 24" (600 mm) oc maximum above through-wall flashings. 3.05 MORTAR CAVITY WALL DRAINAGE SYSTEM A. Install in accordance with manufacturer's recommendations above through-wall flashings. 3.06 CONTROL JOINTS A. Do not continue horizontal joint reinforcing across control joints. B. Install resilient control joint in continuous lengths. Heat or solvent weld butt and corner joints in accordance with manufacturer's instructions. See Drawings for details. C. Seal exposed sides of control joints. 3.07 FIELD TESTING - MORTAR A. During construction, perform 1 test of mortar for each 5,000 sq ft (465 m2) of wall area. Test in accordance with ASTM C780. END OF SECTION 1) A. Baharani 2) A. Bickford 3) J.R. Olson --a C) tv 4TM 29634.01.00 UNIT MASONRY SECTION 04 20 00 - Page 1 r_. PART 1 GENERAL 1.01 SECTION INCLUDES: Brick Units. n -, 1.02 RELATED REQUIREMENTS • rrl A. Section 04 05 00—Common Work Results for Masonry. 1.03 INFORMATIONAL SUBMITTALS " " A. Quality assurance data: 1. Certificates of compliance for masonry units. 2. Field tests as specified. 3. Test reports for face brick units indicating compliance with ASTM standards, type, grade, and physical requirements. Samples submitted shall be accompanied with current test data verifying that sample will meet 24-hour cold water absorption test of below 6%. 1.04 ACTION SUBMITTALS A. Samples: 1. Four samples of face brick . Submit samples to mockup size as indicated in article "Mockup"to clearly illustrate texture and color range. 1.05 QUALITY ASSURANCE A. Masonry construction and materials shall conform to all requirements of"Specifications for Masonry Structures (ACI 530.1/ASCE 6/TMS 602)," published by the American Concrete Institute. B. Testing laboratories: 1. Contractor shall retain services of qualified independent testing laboratory. Responsibilities of testing laboratory shall include: a. Perform inspections and laboratory and field testing specified. b. Provide reports to Owner giving information on inspections, materials, and testing performed and test results. c. Reports shall indicate whether materials meet specifications. d. Bind reports in one volume at end of Project and give 2 copies to Owner. 1.06 1.06 MOCK-UPS A. Construct brick mockup to 4' x 4' (1,200 mm x 1,200 mm) panel size, demonstrating color range, texture, coursing, and mortar specified. B. At Contractor's option, mock-up can be installed in place, and left as part of final work product if approved. C. Obtain Owner's approval of mockup prior to proceeding with Work. D. Construct mockup panels complying with article "Environmental Requirements." 1.07 DELIVERY, STORAGE, AND HANDLING A. Store masonry units in dry location on plank platforms of adequate size. Platform must prevent absorption of moisture from ground. B. Completely cover masonry units with waterproof tarpaulins, polyethylene sheet, or other waterproof material. Loose plank covering not allowed. Units shall be in air-dry condition before placement. 1.08 ENVIRONMENTAL REQUIREMENTS A. Cold weather requirements: IMIAWC Recommended Practices and Specifications for Cold Weather Masonry Construction. In addition, the following shall apply. UNIT MASONRY 29634.01.00 Page 2 - SECTION 04 20 00 1. Temperature of masonry units shall be not less than 20°F (-7°C)when laid in masonry. Remove visible ice on masonry units before unit is laid in masonry. 2. Heat mortar sand or mixing water in accordance with Section 04 05 00. 3. Install wind breaks when wind velocity is in excess of 15 mph (24 kph). 4. Where mean daily temperatures are between 40°F (4°C)and 32°F (0°C), protect completed masonry from rain or snow by covering with weather resistive membrane for 24 hours after construction. 5. Where mean daily temperatures are between 32°F (0°C)and 25°F (-3°C), completely cover completed masonry from rain or snow by covering with weather resistive membrane for 24 hours after construction. 6. Where mean daily temperatures are between 25°F (-3°C)and 20°F (-7°C), maintain masonry temperature above 32°F (0°C)for 24 hours after construction by enclosure with supplementary heat, by electric heating blankets, by infrared heat lamps, or by other acceptable methods. 7. Where ambient temperatures are below 20°F (-7°C), provide an enclosure for masonry under construction and use heat sources to maintain temperatures above 32°F (0°C)within enclosure. B. Protect masonry work prior to, during, and 48 hours after completion. PART 2 PRODUCTS No 2.01 BRICK M ca A. Face brick: 1. Manufacturer: "Yankee Hill Brick," or equal. 2. Modular dimension, 8"x 2-2/3" x 4" (200 mm x 68 mm x 100 mm). —4 c7 N 3. ASTM C216: Type FBX; , Grade SW. 4. Brick shall be from same source, manufactured at same time, and match in rang e,color, and texture. 5. Color and texture: To match existing building brick. PART 3 EXECUTION 3.01 PREPARATION A. Brick: One day before laying, wet down all brick until water runs freely from pile. In extremely warm weather, additional wetting down may be required a few hours prior to laying. Brick shall be dry to touch at time of laying. B. Verify that all anchors, flashings, and other built-in items are on hand, of proper size, and locations established. C. Verify embedded items and inserts are properly sized and located. D. Provide temporary bracing during erection of masonry work. Maintain in place until building structure provides permanent bracing. 3.02 COURSING A. Place masonry to lines and levels indicated. B. Maintain masonry courses to uniform width. Make vertical and horizontal joints equal and of uniform thickness. C. Lay brick in one-half running bond, except for soldier course detail at top of wall as shown on Drawings, and to match existing adjacent walls. Course 3 brick units and mortar joints to equal 8" (200 mm.) Form concave mortar joints. 29634.01.00 UNIT MASONRY SECTION 04 20 00 - Page 3 3.03 PLACING AND BONDING A. Lay masonry in full bed of mortar with vertical joints slushed full and properly jointed with other Work. Buttering corners of joints, and deep or excessive furrowing of mortar joints not permitted. B. Fully bond intersections, and external and internal corners. C. Do not shift or tap masonry units after mortar has taken initial set. Where adjustment must be made, remove mortar and replace. D. Remove excess mortar. E. Perform job site cutting with proper tools to provide straight unchipped edges. Do not break masonry unit corners or edges. 3.04 CAVITY WALL A. Do not let mortar fall into cavity air space or plug weep holes; clean out promptly. B. Install "mortar net" into cavity air space at base of wall above through-wall flashing and where indicated. C. Install weep holes in veneer at 24" (600 mm)oc horizontally above through-wall flashing. D. Existing concrete wall to receive cavity insulation mechanically fastened as recommended by manufacturer. E. Close off cavity around openings. 3.05 TOLERANCES A. Variation from unit to adjacent unit: 1/16" (1.5 mm) maximum. B. Variation from plane of wall: 1/4" in 10' (6 mm in 3 m) and 1/2" in 20' (13 mm in 6 m) or more. C. Variation from plumb: 1/4" (6 mm) per story noncumulative; 1/2" (13 mm) in two stories or more. D. Variation from level coursing: 1/8" in 3' (3 mm in 1 m); 1/4" in 10' (6 mm in 3 m); 1/2" (13 mm) maximum. E. Variation of joint thickness: 1/8" in 3' (3 mm in 1 m). F. Maximum variation from cross sectional thickness of walls: 1/4" (6 mm). 3.06 BUILT-IN WORK zrf c-3 A. As Work progresses, install built-in items into Work. -<r-• B. Install built-in items plumb and level. C. Bed anchors in mortar joints. 3.07 CUTTING AND FITTING A. Cut and fit masonry as necessary to accommodate installation of existing access ladders and platforms. Coordinate with existing conditions to provide correct size, shape, and location. UNIT MASONRY 29634.01.00 Page 4 - SECTION 04 20 00 B. Notify Owner prior to cutting or fitting any area not indicated or where appearance or strength of masonry work may be impaired. 3.08 FIELD QUALITY CONTROL A. During construction, perform 1 prism test for each size of block wall for each 5,000 sq ft(464 m2) of wall area. Test in accordance with ASTM C1314. Net area compressive strength of masonry prism shall be 1,500 psi (10.3 mPa). B. Inspection: Omit every sixth horizontal brick at locations where there is through-wall flashing. Install brick after inspection of cavity by Owner. 3.09 CLEANING A. Remove excess mortar and smears. B. Replace defective mortar. Match adjacent work. C. Clean exposed surfaces with cleaning solution not harmful to masonry or adjacent materials. Consult masonry manufacturer for acceptable cleaners. D. Use nonmetallic tools in cleaning operations. E. Waste management: 1. Mixing equipment: Minimize water used to wash equipment. 2. Salvage any remaining brick to owner upon completion of construction. Contractor to neatly stack brick on pallets in location of Owner's choosing on the project site. 3.10 PROTECTION A. Protect finished installation. B. Maintain protective boards at exposed external corners that may be damaged by construction activities. Provide such protection without damaging completed work. C. Keep expansion and expansion-contraction joint voids clear of mortar. D. Heat materials and provide temporary protection of completed portions of masonry work. Comply with governing codes and with "Construction and Protection Recommendations for Cold Weather Masonry Construction" of Technical Notes on Brick and Tile Construction by Brick Industry Association (BIA). Extend covering at least 2' (600 mm)down both sides of walls and hold securely in place. E. Prevent mortar or soil from staining face of masonry. Remove immediately mortar in contact with such masonry. Protect base of walls from rain-splashed mud and mortar splatter by means of coverings spread on ground and over wall surface. F. Protect sills, ro and,led es projections from droppings of mortar. 9 P 1 pp 9 G. At end of each day's work, cover tops of walls with building paper or by other means to:protect wall from becoming excessively wet. END OF SECTION 1) A. Baharani 2) A. Bickford 3) J.R. Olson ENGINEER'S ESTIMATE July 29, 2020 City Clerk City of Iowa City, Iowa Re: Sludge Storage Tank 8801 Masonry Repair Project Dear City Clerk: The estimated cost of construction for this project is $165,000 Sincerely, Ben Clark, P.E. Q.; I Senior Engineerri 9? r- w CITY OF IOWA CITY, IOWA H H WASTEWATER TREATMENT FACILITY SLUDGE STORAGE TANK 8801 ` 4 ' -2i' MASONRY REPAIR PROJECT f C, I CLEL I`' ' 1 CI I' 1 E X X X X X GENERAL NOTES: G X NORTH G 1. CONTRACTOR SHALL SUPPLY ALL NECESSARY EQUIPMENT,PRODUCTS,AND APPURTENANCES \\\;� TO COMPLETE AVE WORK INE A SAFE MANNER. NOR. //\\/y////''' \ 2. OWNER WILL HAVE SLUDGE STORAGE TANK OFF-LINE,EMPTY,AND FLUSHED OF MATERIALS. /� /� 3. TREATMENT PLANT CAMPUS IS A NON-SMOKING FACILITY. X / \1 \` / ,� \ 4. CITY OF IOWA CITY TREATMENT PLANT HAS A SAFETY CERTIFICATION PROGRAM ALL _ NORTH X \ V x CONTRACTOR PERSONNEL MUST ATTEND.SEE CITY CONTRACT DOCUMENTS FOR ADDITIONAL - I \)f I INFORMATION. {.ASH ❑ J I V x — C CAUTION:METHANE MAY BE PRESENT WITH F 4.-.. I Era_ a ° " RISK OF EXPLOSION.DO NOT SMOKE,HAVE F �: 4 4 IOPEN FLAME,OR OPERATE EQUIPMENT // ;1 THAT MAY CAUSE SPARK cal'' US HIGHWAY 6 SLUDGE STORAGE TANK ORR DIGESTERS IN L_)1 SERVICE OR WITHIN 10'OF SLUDGE SOIrT1t 1 x v STORAGE TANK OR DIGESTERS IN SERVICE. GILBERT ._!PJ�IM I X STREET y mat ❑ - DRAWING INDEX olTry Zi x \//'���r' DRAWING 84'INTERCEPTOR �J NUMBER DRAWING TITLE X E SEWER —` G001 COVER,VICINITY MAP,LOCATION PLAN,AND INDEX E `+iI D001 DEMOLITION PLAN ��\ NAPOLEONSTATION 1. PUMP STATION x o 0 0 Y A001 MASONRY REPAIR PLAN AND DETAILS • -1 x A002 MASONRY REPAIR WALL SECTION AND DETAILS 0 0 .� IOWA CITY CORP BOUNDARY U _ REFERENCE DRAWINGS-ULTRAFLOTE CORPORATION 60771-1-APR GENERAL ARRANGEMENT x7. / \` 52033-B TYPICAL SHORT SLIDING POST DETAILS D y \ 7 I • / 52010 TYPICAL SLIDE BASE ON CONCRETE WALL D Q 96'INTERCEPTOR El • X SEWER //�•1.1/ ° , 0 0 SYCAMORE cy 11 SLUDGE STORAGE TANK 8801 STREET x • 'w 4. J ^e CONTRACTOR x �• LAYDOWNNVORK - AREA e ❑ I HERE,CERTIFY rwl Re+isuaa*o NE RORnoe OF Frls Y x / �� >P R INp'`a, TECNINICAL noREC wR�Ex ewx osR a e a BY Me (-/ r�FF' FO t, IAMA.1.IICEVSEO ARCHTECr UNDER FIFE LAWS OF IEE STATE c PLEASANT \A x w� 07773 gyp'; aA G VALLEY Z% JENNIFER RINDS OLSON 09.25-2020 GOLF rL na •5�� ucERSE ExrREs.2%Trvpt+ ucE•sE NO. arm COURSE IOWA CJ; AGES OR .A00_7EREo BY 16 SEAL �` / '.1StbARG--4 : GOOI,DOOt A001 uwAaoz SANG ROAD \ / _ CI x Q SLUDGE PROCESSING ({� _ FACILITY ' IIIIIIIIIIIIIIIII �}ag7 \\ J 9100.9200.9300E ®.'® ilirlia-- : •• \I QN�R VL 9600.9700.9900 o DIGESTER AREA PROJECT SITE pli° X NO. REVISIONS DSGN CHKD APVD DATE , v SOUTH WASTEWATER X -1 .D �71 / 800/292-8989 B TREATMENT FACILITIES SOUTH PLANT ENTRANCE DRIVE \ / 11 I I III + T LL FREE B \ > �. We 4366 NAPOLEON STREET,S.E. ) CALL - BEFORE - YOU DIG IOWA CITY, IOWA x Stanley Consultants x — 1 ADMINJLAB MAINTENANCE 2251owa Avenue,Muscatine,Iowa 52761-3764 NAPOLEON STREET ms I BU9.DING VEHICLE STORAGE CONTRACTOR RESPONSIBLE FOR LOCATING vmw.slanleycorlwganto oohs \t _—`7 ILO } ALL UTILITIES PRIOR TO CONSTRUCTION. I\ -SOUTH WASTEWATER TREATMENT PLANT: CITY OF IOWA CITY WASTEWATER — \ ' 4366 NAPOLEON ST.S.E. SLUDGE STORAGE TANK 8801 MASONRY REPAIR EQUIPMENT IOWA CITY,IOWA 52240-9201 IOWA CITY,IOWA WAREHOUSE Y X 222 COVER,VICINITY MAP, x x x x----. x x LOCATION PLAN,AND INDEX A A VICINITY MAP SOUTH WASTEWATER TREATMENT FACILITIES AT FULL SIZE DESIGNED A.BAHARANI DRAWN D.A.HUMISTON SCALE. NONE LOCATION PLAN 0 1 2 3 IN CHECKED J.R.OLSON NO 2963401 REV E I I I I I I I I I AppRewED J.R.APPROVED J.M.OLSON BRADY 60 1 2 3 4 5 6 7 8 cm DATE SEPTEMBER 25,2020 G 001 O I I _ I _ I I _ I _ 1 - I I _ I -- 1 CAUTION:METHANE MAY BE PRESENT WITH DEMOLITION NOTES: NORTH RISK OF EXPLOSION.DO NOT SMOKE,HAVE REMOVE FACE BRICK,MASONRY OPEN FLAME,OR OPERATE EQUIPMENT 1. THE DEMOLITION DRAWINGS ARE DERIVED FROM EXISTING BUILDING WALL ANCHORS,AND RIGID I REMOVE AND REINSTALL LOWER DOME THAT MAY CAUSE SPARK WHILE ON DOCUMENTS AND ARE INTENDED TO REASONABLY REPRESENT H INSULATION;PREPARE SIDE PANEL AS REQUIRED TO COMPLETE EXISTING CONDITIONS.ILLUSTRATIONS,DIMENSIONS AND H NEW WORK:REMOVE DOME TEFLON SLUDGE STORAGE TANK OR DIGESTERS IN EXTERIOR CONCRETE TANK INFORMATION IN THESE DRAWINGS ARE BASED,IN PART,ON —L—— BEARING PLATES AND FLASHING MID _ SERVICE OR WITHIN 10'OF SLUDGE WALL FACE FOR NEW WORK s„....s— — REPLACE WITH NEW EXISTING DRAWINGS FURNISHED BY THE CITY OF IOWA CITY OR STORAGE TANK OR DIGESTERS IN SERVICE. ti — GENERAL FIELD OBSERVATIONS.THE CONTRACTOR IS RESPONSIBLE 4:*:, p*.-e �'�''` _ FOR DETERMINING THE ACTUAL EXISTING CONDITIONS PRIOR TO • - - ° �`�� METAL LADDER,SAFETY CAGE,AND FABRICATION OR PERFORMANCE OF ANY WORK SHOULD %° CONDITIONS BE DISCOVERED THAT PREVENT EXECUTION OF THE •�ii ACCESS HATCH PLATFORM REMOVED — I `�� NEW WORK AS INDICATED,CONTACT THE CITY OF IOWA CITY — BY OWNER;CONTRACTOR TO CUT ANY ' .4: Ny PROTRUDING ANCH&S FL _ h s } r a. • � CONCRETE AND PA$ki AN�'`OpENl�S L"'" -: IMMEDIATELY FOR DIRECTION,PRIOR TO PROCEEDING WITH THE e° CONCRETE TANK WALL I -r�( REMAINING IN CONCRETE WALL T 1{ ' y� WORK IN THAT AREA. 4169 . .+® 2. THE TERM'REPAIR"WITHIN THE DEMOLITION DOCUMENTS SHALL BE /°, . `Bc USED TO GENERALIZE SPECIFIED METHODS CONSISTENT WITH /ii 4 .4 I I #_.L I i+ e y;, COMMON REPAIR PRACTICES AS WELL AS METHODS SPECIFICALLY /�, I ''.7yy}} A (�( I } —''_T� STATED FOR MATERIAL RESTORATION AND/OR REFURBISHMENT O }SJ v S C{ ' s t J s - � '" - WITHIN THE SPECIFICATIONS. G �,d ` .#6i ° .;+: / - 3. DEMOLITION WORK MUST BE SAFELY CONTAINED WITHIN THE /�i '. �` ,1 '•;4i IMMEDIATE AREA OF SPECIFIC ELEMENT AND CAUTION SHOULD BE i°i (\ { i 4 TAKEN TO PROTECT SURROUNDING STRUCTURE. i, I vi,, 't if I IJ ' 4. DEMOLITION OF WALLS SHALL BE INVESTIGATED FOR STRUCTURAL 1t,• I s y in INTEGRITY.IF ANY DEMOLITION DIRECTION APPEARS TO BE ON A— — 1 �� A ; I _ _ STRUCTURAL ELEMENT THAT HAS NOT BEEN IDENTIFIED AS SUCH, ° (� I „I°+'_ '�i STOP FURTHER DEMOLITION IN SPECIFIC AREA AND CONTACT THE III •./ \ I P ! ` CITY OF IOWA CITY FOR FURTHER DIRECTION. iA d • � 'I4 4 11 , I 111 !i ) . L 5. WHERE EXISTING CONSTRUCTION IS REMOVED;PATCH AND LEVEL Il .jyI 414 I 53 SURFACES SUCH THAT ALL HOLES,CORES,VOIDS,AND OR F 41 • ;°;1 M I &.�' DEPRESSIONS ARE LEVEL WITH ADJOINING SURFACES. �l. R, id I .. F � i ( tR' 6. THE DEMOLITION NOTES IDENTIFY SPECIFIC AREAS OF WORK BUT s F k} < .111 ` 1 MAY NOT BE COMPLETE IN THE IDENTIFICATION OF ALL REMOVALS. Ail • Ilk HI ' ; I; I..A . ° THE CONTRACTOR SHALL VERIFY ACTUAL CONDITIONS AND ---li, I ! ( it" ... COORDINATE THE DEMOLITION WITH NEW WORK SO THAT sI- --_—_---_-----_---- ----_---_—_------- , _ ,' !I..ttt '�' '" DEMOLITION IS COMPLETE PRIOR TO TURN OVER TO NEXT 11; - — ff I + t j SCHEDULED SUBCONTRACTOR. — 1 eI ®_ } y;•(I *_ 7. ALL BUILDING COMPONENTS AND FINISHES THAT ARE TO REMAIN IN R} / 1�I 1 PLACE SHALL BE PROTECTED FROM WEATHER AND DAMAGE. q1 , I }„ f i 8. CONTRACTOR SHALL REPAIR OR REPLACE IN KIND PORTIONS OF SLUDGE STORAGE TANKlip 1 WALLS DAMAGED AS PART OF THE DEMOLITION WORK B. ALL WORK TO CONTROL NOISE.DUST.AND HAZARDS AS TO NOT E \\((," •` /•. • frill w'� " I'i � 4 \$ ADVERSELY AFFECT THE SURROUNDINGS SHALL BE COORDINATED E it4. • 7 �'�� . WITH THE CITY OF IOWA CITY. ihN I 14 Rs I}o • 10. PRIOR TO PERFORMING THE WORK THE CONTRACTOR SHALL MAKE \' EXPLORATORY INVESTIGATIONS AND SHALL REMOVE COMPONENTS �' ° = AS REQUIRED TO FULLY UNDERSTAND THE WORK.REMOVALS SHALL "d CHANNEL ANCHOR SYSTEM BE REINSTALLED OR TEMPORARILY WATERPROOFED.THE QUALITY sZ� CONTROL SPECIALIST SHALL PREPARE,FOR APPROVAL.A WORK \�� _• NO SCALE PLAN BASED ON THE CONTRACT DOCUMENTS AS MODIFIED BY — % NOTE:CHANNEL ANCHOR SYSTEM TO BE ABANDONED IN PLAGE. DISCOVERIES.THE WORK PLAN SHALL INCLUDE SHOP DRAWINGS tp• FOR ALL EDGE CONDITIONS AND SHEET METAL FABRICATIONS. _ d • 4. • 11. COORDINATION MUST BE MADE WITH THE CITY OF IOWA CITY. A y1;''° METAL LADDER,SAFETY CAGE, } V..'s 12. COORDINATE WITH THE CITY OF IOWA CRY FOR THE RELOCATION OF AND ACCESS HATCH PLATFORM r9 ' • EQUIPMENT PRIOR TO BEGINNING CONSTRUCTION. D REMOVED BY OWNER L,:• D° I CONTRACTOR TO CUT ANY '\';' • PROTRUDING ANCHORS FLUSH ��� 13. CONTRACTOR SHALL POWER WASH THE CONCRETE TANK WALL WITH ��Z DIGESTER CONTROL BUILDING METAL LADDER, MILD CITRIC ACID TO REMOVE STAINING,EFFERVESCENCE,AND ANY CONCRETE AND PATCH d ANY OPENINGS REMAINING IN �Zy'. -• d. SAFETY- CAGE.AND SOFT AND LOOSE MATERIALS. • ACCESS HATCH PLATFORM CONCRETE WALL �L``".L-- • 4 • (REMOVED BY OWNER) 14. REMOVE AND DISPOSE BRICK ATA PERMITTED CONSTRUCTION �� i __— (TYPICAL OF 2) _ '� DEBRIS DISPOSAL SITE.CONTRACTOR RESPONSIBLE FOR — • ARRANGING FOR DISPOSAL SITE. — 7 C / C DOWN ., gy tl r• STORAGE TANK 1 '8 , 1 .) I. .I 1. I NORTH _.._..— • JF11IL • + I rl IV ' f4. )i+� I _ A% %j y ,� ., 1 13• ;f � j „/.o"" " ... ... '�e l-4t 1F. - `'TI �S•- r� 1 fin,,x.' -- �f � � Y. NO. REVISIONS OSGN CHKD APVD DATE DIGESTER ///�� �'�•�„' }, _ Y' -• ' BUILDING _—` / CONTROL - —1.... 4a..3"v745..r�4 fti"^t° Y'.@� �-y''�.a+^.".' - _ • B B - h ,," Stanley Consultants INC. 225 Iowa Avenue,Muscatine,Iowa 52761-3764 www.stanleyconsullanls.com DIGESTER NO.2 DIGESTER NO.1 CITY OF IOWA CITY WASTEWATER SLUDGE STORAGE TANK — DEMOLITION PLAN SLUDGE STORAGE TANK CONDITION DIGESTER AREA SLUDGE STORAGE TANK 8801 MASONRY REPAIR IOWA CITY,IOWA SCALE:114,1,01 NO SCALE KEY PLAN SLUDGE STORAGE TANK SCALE:NONE DEMOLITION PLAN A A DESIGNED A SAHARANI AT FULL SIZE DRAWN DA HUMISTON SCALE AS NOTED 0 1 2 3 IN CHECKED J.R.OLSON NO.29634.01 REV. o I 1 I I I I I I I I I APPROVED J.M.BRADY a 0 1 2 3 4 5 6 7 8 we DATE SEPTEMBER 25,2020 D 001 O I .. I - I 1 _ I I - I - : _ I ._ I Y. I . .,...Y,.......,.� ._ VENEER E 4'FACE BRICK(MATCH EXISTING) PLAJTESAATTL 6'ON CENTER MOR MASONRY REPAIR NOTES: OVER 1'RIGID INSULATION (VERTICALLY AND HORIZONTALLY); NORTH (MECHANICALLY FASTENI INSULATION • IT COORDINATE ANCHOR LOCATIONS TO 1. MATCH COLOR,TEXTURE,SIZE OF BRICK,AND COLOR OF MORTAR H TO EXISTING TANK WALL); I EXISTING < ' MAINTAIN A MINIMUM 8'SEPARATION WITH EXISTING. 2. ABANDON IN PLACE EXISTING ANCHOR CHANNELS IN CONCRETE CONSTRUCT MASONRY CONTROL JOINTS (CW)AT 20-0'ON CENTER(MAXIMUM): EXISTING DOME FLASHING ABOVE: CONCRETE • FROM ABANDONED EXISTING H SEE MASONRY REPAIR NOTE 3 . a , (SEE TYPICAL MASONRY CONTROL JOINT CLJ TANK WALL ANCHOR CHANNELS • [�'/ _ tl r TANK WALL.PROVIDE NEW VENEER ANCHORS PER DETAILS. DETAIL ON THIS DRAWING) ° • • .•4 ^ 4'FACE BRICK • (MATCH EXISTING) 3. REMOVE AND RE-INSTALL EXISTING DOME AS REQUIRED TO EXISTING ANCHOR COMPLETE THE WORK.REPLACE COMPONENTS DAMAGED DURING �� - CONSTRUCTION WITH NEW TO MATCH EXISTING. CHANNEL;ABANDON /�• • I ••a .\•... IN PLACE 4 v e a . 3/8'DEEP SEALANT — / Il '� rra f* 4} 1'RIGID INSULATION,• _ 4 • / COMPRESSIBLE FILLER 4 or 1 B• / • i_uz4 LI+.� r1)( --.J• I' MECHANICALLY FASTEN TO EXISTING TANK WALL; • L, • EXISTING •AL• •�i\ COORDINATE FASTENER CU B j '19 CONCRETE TANK • •�,I CLJ _ LOCATIONS WITH • /..., / G el, WALL ••\ ,I 1 ''if I.'L L `• ABANDONED EXISTING • • �;i K �i // %. i ANCHOR CHANNELS TO _- d , i//, m . •� - { .�• C{ ( `,_ 3 MAINTAIN A MINIMUM OF • , 4 0 at O - •� ':1 ! )'1 1 U . 4'CLEAR • LL U ///a• %\ NEATLY CUT AND • _ • _ EXPANSION 1 O / .• PREPARE EXISTING FACE 4 • JOINT m / ♦j\ BRICK AS REQUIRED FOR • •4 6 - ♦•\ INSTALLATION OF • 4 f I. I EXPANSION JOINT — R • c H. (t ./ ♦♦• A-A001 r I/ - • ♦I TYPICAL EXPANSION JOINT AT EXISTING DIGESTER BUILDING I# 1\ CAUTION:METHANE MAY BE PRESENT WITH F gi%I EXPANSION JOINT DETAIL A-A001 RISK OF EXPLOSION.DO NOT SMOKE,HAVE F 1 , ) A001 OPEN FLAME,OR OPERATE EQUIPMENT I� -"0 SCALE:11/2'=1'-0' THAT MAY CAUSE SPARK WHILE ON I 0 • / •. 0) SLUDGE STORAGE TANK OR DIGESTERS IN It_. _—_-----------_—_-- ----------------- 1- /- .,� — ---- —"—"— cU SERVICE OR WITHIN 10'OF SLUDGE 33. O STORAGE TANK OR DIGESTERS IN SERVICE. Ii ..._ i 3/8'DEEP SEALANT — i/ • I ® 4'FACE BRICK(MATCH EXISTING) AND BACKER ROD ♦ • )•• _ % ADJUSTABLE VENEER ANCHOR 1'RIGID INSULATION; MECHANICALLY 140 • • PLATES AT 16'ON CENTER (VERTICALLY AND HORIZONTALLY) EXISTING TANK WALLE TONORTH SLUDGE k•♦ STORAGE TANK \ EXISTING SLUDGE STORAGE TANK % • • " i E \•♦ C \♦ mw��u � ` j�i co,-•% _ - _ EXISTING ANCHOR v 72 ,_- PP ♦ • CHANNEL: - • ♦'. DIGESTER �"• \\♦�� ABANDON •IN o a • o 'w, CONTROL '4 • PLACE(TYPICAL) v 4 .o a • BUILDING _ • a Q • V ' O♦4. • a • NI • o° I• 1 ./ \♦ p hA001 I• . .•• o - -— —_I_`\` 4a • CLJ ••.' SIMILAR a - ♦ a a d \•••. <` .4 ' EXISTING DIGESTER CONTROL BUILDING DIGESTER NO.2 DIGESTER NO.1 GO ` EXISTING CONCRETE TANK WALL CONTROL JOINT(CLJ) Ji \ I � DIGESTER AREA \,i• 4 • TYPICAL MASONRY CONTROL JOINT DETAIL KEY PLAN — � SCALE NONE — — — SCALE'.1 1/2'=1-0- EXPANSION JOINT I • C DOWN • • — REPLACE DAMAGED BRICKS AND ,- L.._.._.._.. % ."..I TUCK POINT MORTAR JOINTS AS ___, REQUIRED ABOVE OVERHEAD l I ' _` _ 0,000ILING DOOR Js _ I "t"""•--«r.-,R NO. REVISIONS DSGN CHKD APVD DATE • B V J / B " Stanley Consultants INC. i ___G44 __-■_ r - Iowa Avenue,tan eyc0nwltantMuscatine,Iowa 62761-3764 CITY OF IOWA CITY WASTEWATER SLUDGE STORAGE TANK - MASONRY REPAIR PLAN SLUDGE PROCESSING FACILITY SLUDGE STORAGE TANK 8801 MASONRY REPAIR IOWA CITY,IOWA SCALE:1/4'=1'-0' NO SCALE SLUDGE STORAGE TANK MASONRY REPAIR PLAN A AND DETAILS A DESIGNED A BANANA'S AT FULL SIZE DRAWN DA HUMISTON SCALE:AS NOTED ' 0 1 2 3 IN CHECKED J-R.OLSON NO.29634.01 REV. O I I 1 1 I I f 1 1 I I APPROVED J.M.BRADY 0 1 2 3 4 6 6 7 8 cm DATE SEPTEMBER 25,2020 A001 0 U _ I _ I I _ " I _ I _ I .. I .. I .. I n...,....,.,.,...M. .., -• VARIABLE UP TO NOTES: EXISTINGE �NR ,/ ��� 12'(FIELD VERIFY) DOME SIDE PA DE PANEL / NEW DOME ROOF / 1. MASONRY REPAIR NOTES-SEE DRAWING A001. FLASHING;SEE NOTES / \ EXISTING SEAM WITH FASTENERS H a 2. REMOVE LOWER DOME SIDE PANELS. H I EXISTING DOME TENSION BEAM 3000 OR 5000 SERIES 3. JACK AND BLOCK DOME TO REPLACE DOMES TEFLON TOP OF MASONRY I - EXISTING DOME SUPPORT FRAMING 16 GAGE ALUMINUM _ BEARING PLATES. TOP OF CONCRETE 1__ I - FLASHING; - se w-—- I I SEE NOTE 12 N 4. REPLACE TEFLON BEARING PLATES AT 12 DOME ANCHOR w H s / _. EXISTING LOWER DOME SIDE PANEL; LOCATIONS AND RE-ANCHOR DOME.SEE REFERENCE 4 .o \` • / SEE NOTE 10 S DRAWINGS FOR BEARING PLATE DETAILS.TEFLON BEARING r7ii O ` g'1 / PLATES SHALL BE VIRGIN TEFLON WITH SPECIAL 4 / SECURE TO SIDE PANEL WITH PROVIDE BITUMINOUS REINFORCING AGENTS INCLUDING 25%GLASS TO PRODUCE A i COATING ON INSIDE /I I / C 4 STAINLESSEOTESTEEL FASTENERS; FACE OF FLASHING STRUCTURAL MATERIAL THAT MINIMIZES COMPRESSION e'� �. CREEP,INITIAL DEFORMATION,MINIMIZES WEAR AND -y U OCT / SEE NOTE 11 CHEMICAL ATTACK WHILE PROMOTING LOW FRICTION.THE L `c t1 E to �:1`i C• TEFLON COMPONENTS SHALL BE BONDED TO ALUMINUM g-AOO2 NEW DOME ROOF FLASHING; STRUCTURAL BACKING USING EPDXY SYSTEM UNDER HEATED --t-e SEE FLASHING SECTION EXISTING DOME TENSION BEAM ROOF FLASHING SECTION HYDRAULIC PRESS.SYSTEM SHALL INCLUDE UPPER AND 4'FACE BRICK i/ . . ( t ji ti 1 THIS DRAWING -- LOWER ELEMENTS AND SHALL BE CONFIGURED TO RESULT IN MATCH EXISTING ICI `i Gry-��) 1�)1 NO SCALE G ( ) �4 r f i ) UNIFORM LOADING THROUGHOUT THE MOVEMENT AND n4 • rl, 1 Ci` PREVENT FOREIGN MATTER FROM BUILDING UP ON LOWER G in 3 J S s•"5 + i:,. VARIES SECURE TOP OF CAVITY WALL ELEMENT.FLUOROGOLD BY SAINT-GOBAIN SEALS OR EQUAL SEE NOTES FLASHING TO EXISTING Mtps://www.seals.saintgobain.corNsi IIA df.seals.coMBles/ 1'RIGID INSULATION; it i < CONCRETE TANK WALL WITH fluorogoldoct2017.pdf MECHANICALLY FASTEN TO A C. • • _ FASTENERS AT 16'ON CENTER TANK WALL;COORDINATE / . . TOP OF MASONRY 5. PREPARE TOP AN TOP 6-INCHES OF INNER AND OUTER FASTENER LOCATIONS CO • _TOP OF CONCRETE_____ SURFACES OF CONCRETE WALL FOR SURFACE COATING. WITH ABANDONED /. e I • FOLLOW COATING SUPPLIERS INSTRUCTIONS. EXISTING ANCHOR r A a j EA • • t • .- I •' • m 6. APPLY SINGLE 1/4'THICK MINIMUM CONCRETE SURFACE _ CHANNELS TO MAINTAIN A jl w / _ •_ 3 _ MINIMUM OF 4'CLEAR '' CAVITY WALL FLASHING _ / � �- - '` t COATING PER COATING SUPPLIER INSTRUCTIONS.COATING Tom/ • .. c •: z ia L BE CEMENTITIOUS MORTAR: ACKAGED UCA FUME I/ ' • EXISTING CONCRETE U /— •• w� ', ENHANCED PATCHING MORTAR WITH PIINTEGRAL CIORROSION • SEALANT '-' INHIBITORS HAVING THE FOLLOWING PROPERTIES: ADJUSTABLE VENEER ANCHOR d . TANK WALL Y w L4' // -. 7 ,_ _•4- A.COMPRESSIVE STRENGTH;ASTM C109/C1O9M;MINIMUM PLATES AT 16'ON CENTER ///,/// •.TT •tO HORIZONTALLY); • WALL WITH FASTENERS AT 16'ON PANEL TO ACCEPT NEW AFTER 28 DAYS.ANCHOR •. CHLORIDE PERMEABILITY ASTM C1202/AASHTO T 277; F /, / •4 CENTER SET AlIN BED OF SEALANT SELF-TAPPING SORE'11- F MAINTAIN A MINIMUM OF 8' % 4 MAXIMUM/,000 COULOMBS. SEPARATION FROM EXISTING ANCHOR CHANNEL; �/+-���/ ��t D.SULFATE RESISTANCE;ASTM C1012;MAXIMUM 0.10% ABANDONED EXISTING j . a ABANDON IN PLACE(TYP) T-- • • • • ` EXISTING CONCRETE t. a AT 6 MONTHS. ANCHOR CHANNELS AI STAINLESS STEEL DRIP • TANK WALL - E.USE:REPAIR OF CONCRETE WHERE THICKNESS OF REPAIR 4 IS UP TO 1 12'(38 nun). ° // ♦ •; .. REMOVE ALL EXISTING F.MANUFACTURER BASF,"EMACO SS88 Cr;Sika, 4'FACE BRICK(MATCH EXISTING) ./ - • SELF-TAPPING SCREWS s 'SikaRepair 224';TNEMAC'SERIES 217 Mona/Crete'. • �4 / AND ACCESSORIES. • - • INSTALLATION NOTES:PREPARE SURFACE PER COATING �4 c a • ADJUSTABLE VENEER ANCHOR // 4 • EXISTING ANCHOR CHANNEL; _ - -' "•.' MANUFACTURER INSTRUCTIONS TYPICALLY REQUIRING - % ° PLATES AT 16'ON CENTER / - .'a' ABANDON IN PLACE + ' .�. REMOVAL OF 1/a'(6 nun)AND MEET COATING - jl (VERTICALLY AND HORIZONTALLY) - • MANUFACTURER'S SSPCINACE/ICRI SURFACE PREPARATION �j - 4 i .' • REQUIREMENTS.CLEAN THE ROUGHENED SURFACE AND 6' %I 1'$a 1 ---u ` EXPOSED REINFORCEMENT OF RUST DIRT LOOSE CHIPS, RIGID INSULATION; •-- 7/ e; - - - AND DUST USING HIGH PRESSURE WATER FLUSH OUT e MECHANICALLY FASTEN 7/ I' CRACKS AND VOIDS WITH WATER TO REMOVE LAITANCE AND • • • PERIPHERAL DOME FLASHING TO TANK WALL • /' - F ,: DIRT AND ALLOW TO DRY APPLY BONDING PRIMER COAT AS r/i a • TO BE REMOVED AND REPLACED 4� RECOMMENDED BY COATING MANUFACTURER PRIOR TO FA -° /� ' "" APPLYING THE CONCRETE SURFACE COATING 21 7. AFTER COATING HAS CURED AND BRICK FACING WORK IS Ii 6• COMPLETE,INSTALL ALUMINUM CAVITY WALL FLASHING.LAP THRU WALL FLASHING ADJOINING FLASHING SECTIONS A MINIMUM OF 2-INCHES AND WEEPS LA WITH TWO BEADS OF SEALANT.COAT INSIDE FACE OF EXISTING GRADE - ALUMINUM FLASHING TYPICAL TOP OF WALL DETAIL BITUMINOUS COATING. CONTACT WITH CONCRETE WITH /1j. °�\. _____ °` ALUMINUM DOME AND DOME FLASHING 8. USE BACKER ROD AS NECESSARY FOR FLASHING EDGE _ TOP OF CONCRETE -I j;' B-A002 SEALING.MAXIMUM GAP WIDTH IS 1/2-INCH.ALL SEALANT - ‘ 1 DETAIL A002 NO SCALE DOME SUPPLIER:ULTRAFLOTE SHALL BE SILICONE COMPOUNDS CONFORMING TO FEDERAL ///\/\7- ` / SCALE:11/2,110' CONTACT INFORMATION: FLEXIBLE OVER A TECIFICATION EMPERATURE RANGE OF-80 TO++30C.SEALANTS SHALL 300 N '���/14,' • SALLES IAN SAGER DEGREES F WITHOUT TEARING,CRACKING,OR BECOMING /\+ ^ 6' 6• ULTRAFLOTE BRITTLE. r 3640 12TH STREET 9. NOTCH CAVITY WALL FLASHING AT DOME ANCHOR PLATES. HOUSTON,TX 77508 • 713.581.7851(OI INSTALL FLASHING CLOSURE PIECE ON INSIDE OF ANCHOR D • C-A002 d • 1'RIGID INSULATION; 7 3Y9 ®7( wrn PLATES TO CLOSE AND SEAL GAP IN FLASHING. D • TO TANKIWALLY FASTEN �� , , — 10. REINSTALL HARDWARE TO MATCH DOME SIDE WITH NEW FASTENING bha4 • %/ / .. i�, f • l =•I- .• - _ _-_ -_. 11. INSTALL NEW ALUMINUM ROOF FLASHING BY FASTENING TO ADJUSTABLE VENEER ANCHOR ;/� - _ CAUTION:METHANE MAYBE PRESENT WITH LOWER DOME SIDE PANELS USING STAINLESS STEEL#14(1/4' .4 PLATES AT 16'ON CENTER ' NOMINAL)SELF-TAPPING SCREWS,WITH 5/e'STAINLESS (VERTICALLY AND HORIZONTALLY) �' _ • MORTAR NET , _ •4 • RISK OF EXPLOSION.DO NOT SMOKE,HAVE STEEL DOMED WASHER AND ELASTOMERIC GASKET 8-INCHES i i/� — OPEN FLAME,OR OPERATE EQUIPMENT ON CENTER. - 4'FACE BRICK(MATCH EXISTING) II! �''''' = THAT MAY CAUSE SPARK WHILE ON r—EXISTING ANCHOR CHANNEL; ��� - 4.. 12. ROOF FLASHING DISTANCE FROM BRICK FACING WILL VARY. ABANDON IN PLACE „ SLUDGE STORAGE TANK OR DIGESTERS IN MAXIMUM ALLOWABLE VARIATION IS 1-12 INCHES.FIELD •4 - ' - / - SERVICE OR WITHIN 10'OF SLUDGE WELD JOINTS BETWEEN FLASHING SEGMENTS. MORTAR NET iI, b';• �- ♦♦4- ' STORAGE TANK OR DIGESTERS IN SERVICE. a. WEEP SLOT O i/04��E• C <d • THRU WALL FLASHINGW ,�� '�4''. =� �1'♦♦4� • C °- STAINLESS STEELI DRIP, w z i/�����— NORTH SLUDGE • SEE DETAIL THIS DRAWING �•:1 u O ,#.1= STORAGE TANK EXISTING CONCRETE ��'•:i ###4444— « a , / • • TANK FOUNDATION1♦♦;- ////// °Q_ AND FLOOR SLAB -___ _ V- m'',♦♦'�_ `////��' TOP OF CONCRETE ��, ♦♦I= v ( TOP OF CONCRETE__ SEALANT A.. . ' •• .,, / • / • e THRU WALL FLASHING DIGESTER ♦ NO. REVISIONS DSGN CHKD APVD DATE - EXISTING GRADE ,Y'f 4 4 44.,.. 2 12' ' CONTROL ``.;+ / ° BUILDING , 1 B p°. •.. 26 GAGE I ��/' ad I B d • qs, STAINLESS STEEL r - --1tT ``_```1t WM • Y4 • 4 ' ! d EXISTING CONCRETE • DRIP EDGE-SET IN tr 1 i ' • - TANK FOUNDATION A•� • FULL BED OF SEALANT. -I Stanley Consultants INC. •a HEM EXPOSED EDGE ' - - 225 Iowa Avenue,Muscatine,Iowa 52761-3764 www.stanleyconsultants.com TYPICAL WALL SECTION DIGESTER NO.2 DIGESTER NO.1 - TYPICAL BOTTOM OF WALL DETAIL CITY OF IOWA CITY WASTEWATER A-A002 DIGESTER AREA SLUDGE STORAGE TANK 8801 MASONRY REPAIR SECTION A06, C-A002 TYPICAL THRU WALL FLASHING DETAIL IOWA CITY,IOWA DETAIL A002 KEY PLAN SLUDGE STORAGE TANK SCALE i/2•=1'-0' SCALE'.11/2'=1'-0' BDALE:3'=1'-0' SCALE:NONE MASONRY REPAIR A WALL SECTION AND DETAILS A DESIGNED A.BAHARAt'll AT FULL SIZE DRAWN D.A.HUMISTON SCALE: AS NOTED 0 1 2 3 IN CHECKED J.R.OLSON NO.29634.01 REV. O II I I I f i I 1 I APPROVED J.R.OLSON 0 0 1 2 3 4 5 6 7 8 cm APPROVED J.M.BRADY /'�A 002 0 DATE SEPTEMBER 25,2020 • • I 8 I - I • I - I 6 I I _ I 6 I ._ I ., 1 w..•..•••••.,•.••,,. .. 1 I t REFERENCE DRAWING - - _ _ NUMBER OF BOLTS / END 0 1 10 L 2.0 F{. (STAINLESS) TOP / BOT r- _CI INNER BEAMS 4 2 SCALE 1 IN . = 5 . 02 FT . / -` : TENSION RING 6 4 �C1 �• \ " • SUPPORT LEGS 6 4 j C1 ACCESSORIES AND NOTES / c2 C2 '\cz - C2 2 11rT -7 p.,. 0. _ 1 - 12" DIA, HOODED CENTER VENT / PAINTERS 4.• :t` " PIN MOUNTED AT DOME APEX WITH REPLACABLE NO. 16 MESH PLASTIC INSECT SCREENING. C2 / C2 f 1 i CL.t , ;t, , / BL gl \ 2 - 5'-0" WIDE X 8'-0' ' LONG CUSTOM CATHEDRAL C2 al • C2 \ ACCESS HATCHES WITH DOUBLE SHOEBOX TYPE LIDS AND / 82 CI\ OVERLOCKED CENTER SEAMED LIDS HINGED TO OPEN BL 53 3 gl 180 DEC. AND LAY FLAT AGAINST DOME. LIDS EQUIPPED WITH 6" SQ. SPLIT OPENING WITH 2" NECK TO ALLOW 53 83 \ PASSAGE OF MIXER MAST. HATCH APPROXIMATELY .1 C2 ) (_----___.Al Al. 62 C2 40" WIDE AT END OF MIXER SHROUD. B2 II 2 - 50" RIGHT TRIANGLE SKYLIGHTS. 1/4" FLAT 81 ID A2 ID 81 , ACRYLIC. MOUNT IN Al OR 82 PANELS DIRECTLY OVER I. MIXER HATCHES ( OR TO SUIT FIELD ENGINEER ) . 83 A2 2 63 i —— — II ` `. � i ;------, 2 - FABRIC FLASHING BOOT ASSEI13LIES TO SEAL IC - ' - ;' -� fi A • '•'•,\ A l , I - - ( AROUND EXISTING STEEL 1I5 BOOM SUPPORT MASTS. L ,,, \,\ - - -- I I B3 A A2 A2 \ 83 --� - DOME SUPPORTED DIRECTLY ON TANK RIM ANGLE ON BL ID A2 ID B1 j STANDARD SLIDE SUPPORT BASES WITH TEFLON PADS. i - PERIPHERAL FLASHING OVERHANGS TANK RIM ANGLE • C2 82 Al Al 82 r. AND IS FREE TO SLIDE WITH DOME THERMAL MOVEMENTS, l i - FLASHING FORMS SLIDING SEAL AGAINST TOP OF TANK 83 53 TO SUBSTANTIALLY SEAL PERIPHERY OF DOME. 51 63 52 B3 1 j/ DESIGN CRITERIA & WEIGHTS \ 1 C2 C2 C� SNOW LOAD = 30 PSF / LIVE LOAD = 35 PSF 81 61 / WIND SPE T) = 122 MPH / PRESSURE - 26.0 PSF C2 4111 C2 / SEISMIC ZONE = 1 / IMPORTANCE = 1.00 LIFT WEIGHT = 3. 100 LBS / NET WEIGHT = 3.476 LBS C2 C2 N C2 C2 / / / MAXIMU`'' SUPPORT REACTIONS ci Cl / BOTTOM RING = SYMMETRIC / 3 TIERS = 12 SUPPORTS VERT'L DOWN = 4.927 KIPS / UPLIFT = 3.237 KIPS Cl - TANGENTIAL = 0. 116 KIPS / ON EACH OF 4 SUPPORTS ' M-=7 ° A L_W CEDE oR 7O14 5 ' 0' INSIDE DIAMETER g- -1 - GENERAL ARRANGEMENT / APPROVAL 5' HIGH PAUL A. LAURENCE COMPANY. FOR IOWA CITY WWTF OUTS 1 E -�� SLUDGE STORAGE TANK. IOWA CITY, IOWA TANK = 45' 0" INSIDE DIA. BY 20.00' HIGH �/ • THIS DRAWING IS rn[ooeLUm PR OPERTY Y Or U LTRAFLOTE CORPORATION.ifs Ac d ctrt sct cwsmvrti.A/4M CEM[M THAT rr SHALL Ut T UAT1O L. L AS A STRICTLY COMFlO[MIAL DOCUMENT ANO N 70 RE RETURNED 10.0111,000[ST ANO If HOT TO sc WMMU1CAT[4 OISCLO3[q all CC F1E0 LXCEPT AS EXPRESSLY I i t 1 I I rnMOR,iED IN w.rnsa sY ULTRAFLOTE CORPORATION. I I I 11 /- I ' sr0..?e p�� DATE 02/20/89 rnv-.No.60771-1-APR + I I I . I • • • NUB alp \ , HUB COY, - T77P NCDF PLATE ---\ ` TRIANGULAR 40: S01 FANQ. 01,,,, . HUB 1P44, 'CLIP / r 1 srcu BEAM re F si /1"/— -., PLATE �_ ,r SPAII SKIRT BETWEEN TEISICH BEM AND TOP OF WALL PANELS, POST SUPPORT LEG BASE IS FREE /i�� �tTOaV;. ..DEs � Id TN OOHE THERMAL rt 7 SLIDE BAR AT BASE OF l • , PAST LEG ALLOWS DONE SPA,`! SKIRT L]P EQUIPPED V1 Tfi I TO EXPAND & CONTRACT. FOAM TAPE AND RIVETED TO WALL SE LAlr/ ��f. FLASH I NG TO AL OUT WATE-rL ,, . BASE PLATE WITH TEFLON - BEARING PAD SECURED TO -�/ - '� = � b 0 c' TANK WALL WI T H EPDX I ED = o STAINLESS STEEL ANCHOR o -p i ' g• '� 1 S?JFFL'ri� t17G.?1C3�15 + • RODS. o PERIPHERAL FLASHING / ' f �A � t, UILSr-°iAF=L.COU C 0 E ° OR I� U O_ H SLIDES ON TANK WALL rTO FU Il fl u u O SUBSTANTIALLY SEAL TYPICAL SHORT SLIDING POST DETAILS DOME PERIPHERY., • A T SUPPQI.7T LOCA 17ONS - _ __ Two owrww.a a TN[asoLuwc rwortRTT a ULTRAFLOTE CORPORATION.17'•.cctrrw•cr CONstrtvnts AN.OR(IM[wV TT.Y.T t....y at TREATED Aw.■Tw,CTIT cownot RTIL OOCUU[N►N.o II TO St RCTUR..wo UIp.REQUIEM'.w0 wl NOT 70 K CO.wwRwCATWO.D CL O.rn ON COMO sworn N corwaswi.11 wWwowaco w wywrOwl re ULTRAFLOTE CORPORATION. REFERENCE DRAWING BY of �,� -��_89 S2o3 - I3 + I i . Na 3 1 I t I I REFERENCE DRAWING • • NUMBER; IZE, AND TYPE OF ANCHOR BOLT • WIDTH OF SLIDE BASE \ (T: DETERMINED`THROUGH COMPUTER GENERATED VARIES ACCORDING TO4 0 ) �� STRESS ANALYSIS. 40 LOADING REQUIREMENTS. PLAN FLOUROGOLP TEFLON BEARING PAD SLIDE BEAM (DOME SUPPORT LEG) I / ALLOWS DOME TO SLIDE WHEN ----...al►� / EXPANDING OR CONTRACTING. j { I TEFLON WELDED TO ALUMINUM BASE. ' I I / '6 'I LONG BOLT WITH 1 " ABOVE WALL. . iIri--- / ,---ALUMINUM WALL FLASHING PANELS, COATED WITH u _ _ , _r ;/_ _ _ _ © BITUMINOUS PAINT, COVER TANK WALL AND SEAL 1 ,2 �_ �;__ _ —I OUT WATER IN CONJUCTION WITH SPAN SKIRT LIP. THESE PANELS OVERLAP AT SUPPORT LOCATIONS \A \ ` ` \ \ I I IIII I AND ARE TRIMMED AROUND BASE E-Z_ � AR N A PLATES. THE BASE �"� PLATES ARE ISOLATED FROM THE CONCRETE WITH • ADDITIONAL COATED- FLASHING PIECES. Y • I ° • I ELEVATION G �• o I I 7L-7-- • b . • HOLES DRILLED IN WALL AFTER • TYPICAL SUDE BASE ON CONCRETE WALL DOME PLACEMENT. STUDS SECURED '. c n II 4� c WITH EPDXY CAPSULES. !-� ` � 1 ! II II• - II • - D O I THIS DRAWING IS THEEXCLUSIVE PROPSRTTOF ULTRAFLOTECORPORATION,IT'S ACCEPTANCE CONSTITUTES AN AGREEMENT THAT IT I , I I _ SHALL BE TREATED AS A STRICTLY CONFIDENTIAL DOCUMENT AND IS TO BE RETURNED UPON REQUEST AND IS NOT TO SE COMMUNICATED. I'_ ,- I I' DISCLOSED.OR COPIED EXCEPT AS EXPRESSLY AUTHORIZED IN WRITING BY ULTRAFLOTE CORPORATION. • "Dc-B DAT£3-26-86 ►[ �/ 9 /8 OWG.NO. 520I0 + 1 1 1 i 1.°-/ Prepared by:Ben Clark,Public Works,410 E.Washington St.,Iowa City,IA 52240,(319)356-5436 Resolution No. 20-238 Resolution setting a public hearing on October 20, 2020 on the project manual and estimate of cost for the construction of the Sludge Storage Tank Masonry Repair Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said project manual on file for public inspection. Whereas,funds for this project are available in the Wastewater Administration account#72720110. Now, therefore, be it resolved by the Council of the City of Iowa City, Iowa, that: 1. A public hearing on the project manual and estimate of cost for the construction of the above- mentioned project is to be held on the 20th day of October, 2020, 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. City Hall is currently closed to the public because of the coronavirus. If City Hall remains closed to the public, the meeting will be an electronic meeting using the Zoom Meetings Platform. For information on how to participate in the electronic meeting, see www.icgov.org/councildocs or telephone the City Clerk at 319/356-5043. 3. 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. 4. A copy of the project manual and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 6th day of October , 2020 May A pr v dby 74 `� 1 / Attest: t rl i a 6/„ Cit Clerk City Attorney's Office CCC_JJJ (Sara Greenwood Hektoen—09/30/2020) It was moved by Taylor and seconded by Salih the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Bergus x Mims x Salih x Taylor x Teague x Thomas x Weiner • . 7 i .,,,,6 As*, ',.., I oix,k pet Ud(yL PRESS CITIZEN MEDIA VMa/Anr A R cud PART OF THE USA TODAY NETWORK CITY CLERK CITY OF IOWA CITY ICPD 410 E WASHINGTON ST This is not an invoice IOWA CITY IA 522401825 #of Affidavits1 AFFIDAVIT OF PUBLICATION State of Wisconsin County of Brown, ss.: The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of Iowa City Press Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and tha 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: 0004411253 10/12/20 10/12/2020 $41.91 Copy of Advertisement Exhibit"A" 4A--.6„7--eek ��`6 .„.____ Sub cri ed and sworn to before me by said affiant this 12 day of October, 2020 No Public 5.6-•a3 Commission expires 4- NANCY HEYRMAN Notary Public State of Wisconsin 6-6 • NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING ON PROJECT MANUAL AND ESTIMATED COST FOR THE SLUDGE STORAGE TANK 8801 MASONRY REPAIR PROJECT IN THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PER SONS: Public notice is hereby given that ' the City Council of the City of Iowa City, Iowa, will conduct a public hearing on the Protect Manual, including the plans, specifications, contract, and estimated cost for the construction of the Sludge Storage Tank 8801 Masonry Repair in said city at 7:00 p.m. on the 20th day of October, 2020, said meeting to be held in the Emma J. Harvat Hall in the City Hall, 410 East Washington Street in said city, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. The Protect will involve: demolition, repair and replacement of an existing masonry sludge storage tank facade; concrete patching; removal and replacement of ridged insulation; removal and replacement of aluminum dome cover bearing plates; and removal and replacement of peripheral dome flashing. The project is located at the City of Iowa City Wastewater Treatment Facility, 4366 Napoleon Street SE., Iowa City,Iowa 52240 Said Protect Manual and estimated cost are now on file in the office of the City Clerk In the City Hall In Iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said Project Manual pr the cost of making said improvement. This notice is given by order of the City Council of the City of Iowa City,Iowa and as provided by law. Kellie K.Fruehling,City Clerk • . C , Prepared by:Ben Clark,Public Works,410 E.Washington St.,Iowa City,IA 52240,(319)356-5436 Resolution No. 20-247 Resolution approving project manual and estimate of cost for the construction of the Sludge Storage Tank Masonry Repair Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Whereas, notice of public hearing on the project manual and estimate of cost for the above-named project was published as required by law, and the hearing thereon held; and Whereas, the City Engineer or designee intends to post notice of the project on the website owned and maintained by the City of Iowa City; and Whereas,funds for this project are available in the Wastewater Administration account#72720110 Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The project manual and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10% (ten percent)of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3, not less than 13 days and not more than 45 days before the date of the bid letting, which may be satisfied by timely posting notice on the Construction Update Network, operated by the Master Builder of Iowa, and the Iowa League of Cities website. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 3:00 p.m. on the 18th day of November, 2020. 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 1st day of December, 2020, or at a special meeting called for that purpose. If City Hall is closed to the public due to the health and safety concerns from COVID-19, sealed bids may still be delivered in person on Mondays through Fridays 8:00 am to 5:00 pm. The person delivering the sealed bid may come to the front lobby of City Hall, 410 E. Washington St., Iowa City, Iowa, and upon arrival telephone the City Clerk at 319/356-5043. 5. City Hall is currently closed to the public because of the COVID-19. If City Hall remains closed to the public, the meeting will be an electronic meeting using the Zoom Meetings Platform. For information on how to participate in the electronic meeting, see www. Icgov.org/councildocs or telephone the City Clerk. Passed and approved this 20th day of October 2020 Resolution No. 20-247 Page 2 MaIYA p oved by Attest: City lerk ity Attorney's Office- 10/14/2020 It was moved by Salih and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Bergus x Mims x Salih x Taylor X Teague x Thomas x Weiner A2,610 IOWA LEAGUE Qf CITIES 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 Sludge Tank Masonry Repair Project Classified ID: 128959 A printed copy of which is attached and made part of this certificate, provided on 10/20/2020 to be posted on the Iowa League of Cities' interne site on the following date: October 22 , 2020 I certify under penalty of perjury and pursuant to the laws of the State of Iowa that the preceding is true and correct. 10/21/2020 " v r Alan Kemp, Executive Director NOTICE TO BIDDERS SLUDGE STORAGE TANK 8801 MASONRY REPAIR PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 3:00 P.M. on the 18th day of November, 2020. If City Hall is closed to the public due to the health and safety concerns from COVID-19, sealed bids may still be delivered in person on Mondays through Fridays 8:00 am to 5:00 pm. The person delivering the sealed bid may come to the front lobby of City Hall, 410 East Washington Street, Iowa City, Iowa, and upon arrival telephone the City Clerk at (319) 356-5043. 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. If City Hall is closed to the public due to the health and safety concerns from COVID-19, the bid opening will be an electronic meeting using the Zoom Meetings. Information for this meeting will be distributed by the City Engineering Division to prospective bidders on the Project Plan Holders List. For information on how to participate in the electronic meeting, please contact the City Engineering Division at (319) 356- 5140. 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 1st day of December, 2020, or at special meeting called for that purpose. If City Hall is closed to the public due to the health and safety concerns from COVID-19, the council meeting will be an electronic meeting using the Zoom Meetings. For information on how to participate in the electronic meeting, see www.icgov.orq/councildocs or telephone the City Clerk at(319) 356-5043. The Project will involve the following: demolition, repair and replacement of an existing masonry sludge storage tank façade; concrete patching; removal and replacement of ridged insulation; removal and replacement of aluminum dome cover bearing plates; and removal and replacement of peripheral dome flashing. This project is located at the City of Iowa City Wastewater Treatment Facility, 4366 Napoleon Street SE., Iowa City, Iowa 52240. All work is to be done in strict compliance with the Project Manual prepared by The City of Iowa City which has heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. If City Hall is closed to the public due to the health and safety concerns from COVID-19, copies are available by telephoning the City Clerk at(319) 356- 5043 or emailing kellie-fruehlinc iowa-citv.orq. Each proposal shall be completed on a form furnished by the City and must be submitted in a sealed envelope. In addition, a separate sealed envelope shall be submitted containing a completed Bidder Status Form and a bid security executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City (in the form shown in Section 0510) ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. The City shall retain the bid security furnished by the successful bidder until the approved contract has been executed,the required Performance, Payment, and Maintenance Bond (as shown in Section 0510) has been filed by the bidder guaranteeing the performance of the contract, and the contract and security have been approved by the City. The City shall promptly return the checks or bidder's bonds of unsuccessful bidders to the bidders as soon as the successful bidder is determined or within thirty days, whichever is sooner. The successful bidder will be required to furnish a Performance, Payment,and Maintenance Bond in an amount equal to one hundred percent(100%)of the contract price and in the form shown in Section 0510, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) year(s)from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Substantial Completion: June 30, 2021 Liquidated Damages: $240 per day The Project Manual may be examined at the office of the City Clerk. Copies thereof and blank forms may be secured at the office of Technigraphics, a division of Rapids Reproductions located at 415 Highland Ave, Suite 100, Iowa City, Iowa 52240, Phone: (319) 354-5950, Fax: (319) 354- 8973, Toll-Free: (800) 779-0093.. If City Hall is closed to the public due to the health and safety concerns from COVID-19, copies are available by telephoning the City Clerk at (319) 356-5043 or emailing kellie-fruehlinq(c2iowa-city.orq. A $10 fee is required for each set of the Project Manual provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to City of Iowa City. The fee is refundable if returned within 14 days of award of the project by City Council in re-usable condition. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Inspections and Appeals at (515) 281-5796 and the Iowa Department of Transportation Contracts Office at(515) 239-1422. Bidders shall list on the Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall list on the Contract its subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Posted upon order of the City Council of Iowa City, Iowa. KELLIE FRUEHLING, CITY CLERK • Ashley Platz From: Cindy Adams <CAdams@mbi.build> Sent: Thursday, October 22, 2020 8:12 AM To: Ashley Platz Subject: Certificate for Notice to Bidders Attachments: 10.22.20 notice to bidders.pdf Follow Up Flag: Follow Up Flag Status: Flagged RISK Certificate The undersigned, being first duly sworn on oath, states that The Construction Update Plan Room Network("CU Network") is a corporation duly organized and existing under the laws of the State of Iowa,with its principal place of business in Des Moines, Polk County, Iowa. The undersigned also states that he is now and was at the time hereinafter mentioned,the duly qualified and acting President/CEO of the CU Network,and that as such President/CEO of the CU Network and by full authority from the Executive Board, he caused a NOTICE TO BIDDERS Iowa City—Sludge Storage Tank 8801 Masonry Repair Project A printed copy of which is attached and made part of this certificate,to be posted in the Construction Update Network Plan Room,a relevant contractor plan room service with statewide circulation and a relevant contractor lead generating service with statewide circulation, on the following date(s): October 22, 2020 I certify under penalty of perjury and pursuant to the laws of the State of Iowa that the preceding is true and correct. Cu Keelye-- October 22, 2020 Date President/CEO of The Construction Update Plan Room Network Cindy Adams—Project Information Specialist Construction Update powered by ConstructConnect 221 Park Street—Des Moines, Iowa 50309 (D)515.402-9858(0)515-288-7339 (e) cuhelp@MBI.Build (w) https://MBI.Build (w) https://lowaConstructionUpdate.com 1 DAILY NOTICE TO BIDDERS construction @ update NOTICE TO BIDDERS SLUDGE STORAGE TANK 8801 MASONRY REPAIR PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 3:00 P.M. on the 18th day of November, 2020. If City Hall is closed to the public due to the health and safety concerns from COVID-19, sealed bids may still be delivered in person on Mondays through Fridays 8:00 am to 5:00 pm. The person delivering the sealed bid may come to the front lobby of City Hall, 410 East Washington Street, Iowa City, Iowa, and upon arrival telephone the City Clerk at (319) 356-5043. 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. If City Hall is closed to the public due to the health and safety concerns from COVID-19, the bid opening will be an electronic meeting using the Zoom Meetings. Information for this meeting will be distributed by the City Engineering Division to prospective bidders on the Project Plan Holders List. For information on how to participate in the electronic meeting, please contact the City Engineering Division at (319) 356- 5140. 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 1st day of December, 2020, or at special meeting called for that purpose. If City Hall is closed to the public due to the health and safety concerns from COVID-19, the council meeting will be an electronic meeting using the Zoom Meetings. For information on how to participate in the electronic meeting, see www.icgov.orq/councildocs or telephone the City Clerk at(319) 356-5043. The Project will involve the following: demolition, repair and replacement of an existing masonry sludge storage tank façade; concrete patching; removal and replacement of ridged insulation; removal and replacement of aluminum dome cover bearing plates; and removal and replacement of peripheral dome flashing. This project is located at the City of Iowa City Wastewater Treatment Facility, 4366 Napoleon Street SE., Iowa City, Iowa 52240. All work is to be done in strict compliance with the Project Manual prepared by The City of Iowa City which has heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. If City Hall is closed to the public due to the health and safety concerns from COVID-19, copies are available by telephoning the City Clerk at (319) 356- 5043 or emailing kellie-fruehlinq( iowa-city.orq. Each proposal shall be completed on a form furnished by the City and must be submitted in a sealed envelope. In addition, a separate sealed envelope shall be submitted containing a completed Bidder Status Form and a bid security executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City (in the form shown in Section 0510) ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. The City shall retain the bid security furnished by the successful bidder until the approved contract has been executed,the required Performance, Payment, and Maintenance Bond (as shown in Section 0510) has been filed by the bidder guaranteeing the performance of the contract, and the contract and security have been approved by the City. The City shall promptly return the checks or bidder's bonds of unsuccessful bidders to the bidders as soon as the successful bidder is determined or within thirty days, whichever is sooner. The successful bidder will be required to furnish a Performance, Payment,and Maintenance Bond in an amount equal to one hundred percent(100%)of the contract price and in the form shown in Section 0510, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) year(s)from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Substantial Completion: June 30, 2021 Liquidated Damages: $240 per day The Project Manual may be examined at the office of the City Clerk. Copies thereof and blank forms may be secured at the office of Technigraphics, a division of Rapids Reproductions located at 415 Highland Ave, Suite 100, Iowa City, Iowa 52240, Phone: (319) 354-5950, Fax: (319) 354- 8973, Toll-Free: (800) 779-0093.. If City Hall is closed to the public due to the health and safety concerns from COVID-19, copies are available by telephoning the City Clerk at (319) 356-5043 or emailing kellie-fruehlinqAiowa-city.orq. A $10 fee is required for each set of the Project Manual provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to City of Iowa City. The fee is refundable if returned within 14 days of award of the project by City Council in re-usable condition. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Inspections and Appeals at (515) 281-5796 and the Iowa Department of Transportation Contracts Office at(515) 239-1422. Bidders shall list on the Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall list on the Contract its subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Posted upon order of the City Council of Iowa City, Iowa. KELLIE FRUEHLING, CITY CLERK Prepared by:Ben Clark,Public Works,410 E.Washington St.,Iowa City,IA 52240(319)356-5436 Resolution No. 20-267 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Sludge Storage Tank Masonry Repair Project. Whereas, TnT Tuckpointing & Building Restoration, LLC, of Stockton, Iowa, has submitted the lowest responsible bid of$159,800 for construction of the above-named project; and Whereas, funds for this project are available in Wastewater account#72720122; 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: 1. The contract for the construction of the above-named project is hereby awarded to TnT Tuckpointing & Building Restoration, LLC, of Stockton, Iowa, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 1st day of December , 2020 Mayo �� A r ed by Attest : I/ r4.C.}.),LL City Clerk City Attorney's Office— 11/24/2020 It was moved by Bergus and seconded by Weiner the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Bergus x Mims x Salih x Taylor x Teague x Thomas x Weiner BOND NO. GRIA28678B 00 61 10 FILED PERFORMANCE, PAYMENT, AND MAINTENANCE BOND JAN 1 5 2021 a� SLUDGE STORAGE TANK 8801 MASONRY REPAIR PROJECT ��;�,� CITY OF IOWA CITY City Clerk Iowa City, Iowa KNOW ALL BY THESE PRESENTS: • That we, TnT Tuckpointing & Building Restoration, LLC, as Principal (hereinafter the "Contractor" or"Principal") and City of Iowa City , as Surety are held and firmly bound unto City of Iowa City, Iowa, as Obligee (hereinafter referred to as "the Jurisdiction"), and to all persons who may be injured by any breach of any of the conditions of this Bond in the penal sum of One Hundred Fifty Nine Thousand Eight Hundred dollars ($159,800.00), lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly or severally, firmly by these presents. The conditions of the above obligations are such that whereas said Contractor entered into a contract with the Jurisdiction, bearing date the 25th day of September 2020 , (hereinafter the "Contract") wherein said Contractor undertakes and agrees to construct the following described improvements: This project involves: demolition, repair and replacement of an existing masonry sludge storage tank façade; concrete patching; removal and replacement of ridged insulation; removal and replacement of aluminum dome cover bearing plates; and removal and replacement of peripheral dome flashing; and is located at the City of Iowa City Wastewater Treatment Facility, 4366 Napoleon Street SE., Iowa City, Iowa 52240. To faithfully perform all the terms and requirements of said Contract within the time therein specified, in a good and workmanlike manner, and in accordance with the Contract Documents. It is expressly understood and agreed by the Contractor and Surety in this bond that the following provisions are a part of this Bond and are binding upon said Contractor and Surety, to-wit: 1. PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill, and abide by each and every covenant, condition, and part of said Contract, by reference made a part hereof, for the above referenced improvements, and shall indemnify and save harmless the Jurisdiction from all outlay and expense incurred by the Jurisdiction by reason of the Contractor's default of failure to perform as required. The Contractor shall also be responsible for the default or failure to perform as required under the Contract and Contract Documents by all its subcontractors, suppliers, agents, or employees furnishing materials or providing labor in the performance of the Contract. 2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just claims submitted by persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the performance of the Contract on account of which this Bond is given, including but not limited to claims for all amounts due for labor, materials, lubricants, oil, gasoline, repairs on machinery, equipment, and tools, consumed or used by the Contractor or any subcontractor, wherein the same are not satisfied out of the portion of the contract price the Jurisdiction is required to retain until completion of the improvement, but the Contractor and Surety shall not be liable to said persons, firms, or Sludge Storage Tank 8801 Masonry Repair Project — Page 1 of 4 corporations unless the claims of said claimants against said portion of the contract price shall have been established as provided by law. The Contractor and Surety hereby bind themselves to the obligations and conditions set forth in Chapter 573 of the Iowa Code, which by this reference is made a part hereof as though fully set out herein. 3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own expense: A. To remedy any and all defects that may develop in or result from work to be performed under the Contract within the period of two year(s) (2)from the date of acceptance of the work under the Contract, by reason of defects in workmanship or materials used in construction of said work; B. To keep all work in continuous good repair; and C. To pay the Jurisdiction's reasonable costs of monitoring and inspection to assure that any defects are remedied, and to repay the Jurisdiction all outlay and expense incurred as a result of Contractor's and Surety's failure to remedy any defect as required by this section. 4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: A. To consent without notice to any extension of time to the Contractor in which to perform the Contract; B. To consent without notice to any change in the Contract or Contract Documents, which thereby increases the total contract price and the penal sum of this bond, provided that all such changes do not, in the aggregate, involve an increase of more than 20% of the total contract price, and that this bond shall then be released as to such excess increase; and C. To consent without notice that this Bond shall remain in full force and effect until the Contract is completed, whether completed within the specified contract period, within an extension thereof, or within a period of time after the contract period has elapsed and the liquidated damage penalty is being charged against the Contractor. D. That no provision of this Bond or of any other contract shall be valid that limits to less that five years after the acceptance of the work under the Contract the right to sue on this Bond. E. That as used herein, the phrase "all outlay and expense" is not to be limited in any way, but shall include the actual and reasonable costs and expenses incurred by the Jurisdiction including interest, benefits, and overhead where applicable. Accordingly, "all outlay and expense"would include but not be limited to all contract or employee expense, all equipment usage or rental, materials, testing, outside experts, attorneys fees (including overhead expenses of the Jurisdiction's staff attorneys), and all costs and expenses of litigation as they are incurred by the Jurisdiction. It is intended the Contractor and Surety will defend and indemnify the Jurisdiction on all claims made against the Jurisdiction on account of Contractor's failure to perform as required in the Contract and Contract Documents, that all agreements and promises set forth in the Contract and Contract Documents, in approved change orders, and in this Bond will be fulfilled, and that the Jurisdiction will be fully indemnified so that it will be put into the position it would have been in had the Contract been performed in the first instance as required. tab JAN 1 5 2021 Sludge Storage Tank 8801 Masonry Repair Project City CIac-iPage 2 of 4 Iowa City, Iowa In the event the Jurisdiction incurs any "outlay and expense" in defending itself against any claim as to which the Contractor or Surety should have provided the defense, or in the enforcement of the promises given by the Contractor in the Contract, Contract Documents, or approved change orders, or in the enforcement of the promises given by the Contractor and Surety in this Bond, the Contractor and Surety agree that they will make the Jurisdiction whole for all such outlay and expense, provided that the Surety's obligation under this bond shall not exceed 125% of the penal sum of this bond. In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that the venue thereof shall be Johnson County, State of Iowa. If legal action is required by the Jurisdiction to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of the Jurisdiction, the Contractor and the Surety agree, jointly, and severally, to pay the Jurisdiction all outlay and expense incurred therefor by the Jurisdiction. All rights, powers, and remedies of the Jurisdiction hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers, and remedies given to the Jurisdiction, by law. The Jurisdiction may proceed against surety for any amount guaranteed hereunder whether action is brought against the Contractor or whether Contractor is joined in any such action(s) or not. NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully perform all the promises of the Principal, as set forth and provided in the Contract and in this Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first as defined in this Bond and the Contract; second, if not defined in the Bond or Contract, it shall be interpreted or construed as defined in applicable provisions of the Iowa Code; third, if not defined in the Iowa Code, it shall be interpreted or construed according to its generally accepted meaning in the construction industry; and fourth, if it has no generally accepted meaning in the construction industry, it shall be interpreted or construed according to its common or customary usage. Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not limit liability hereunder. The Contract is hereby made a part of this Bond. FILED JAN 1 5 2021 City Clerk Iowa City, Iowa Sludge Storage Tank 8801 Masonry Repair Project —Page 3 of 4 • PRINCIPAL: SURETY: TNT Tuckpointing and Building Restoration,LLC Granite Re, Inc. Printed Name of Contractor Officer f Surety Company me By °-.s� By ( ls..-t. gnature of Contractor Officer Signature of Attorney-in-Fact Officer ogle/ Connie Smith Title of Contractor Officer Printed Name of Attorney-in-Fact Officer Granite Re, Inc. Company Name of Attorney-in-Fact 14001 Quailbrook Dr. Company Address of Attorney-in-Fact Oklahoma City, OK 73134 City, State, Zip Code of Attorney-in-Fact (800)501-0989 Telephone Number of Attorney-in-Fact NOTE: 1. All signatures on this performance, payment, and maintenance bond must be original signatures in ink; copies, facsimile, or electronic signatures will not be accepted. 2. This bond must be sealed with the Surety's raised, embossing seal. 3. The Certificate or Power of Attorney accompanying this bond must be valid on its face and sealed with the Surety's raised, embossing seal. 4. The name and signature of the Surety's Attorney-in-Fact/Officer entered on this bond must be exactly as listed on the Certificate or Power of Attorney accompanying this bond. ALFI JAN 1 5 2021 City Clerk Iowa City, Iowa Sludge Storage Tank 8801 Masonry Repair Project —Page 4 of 4 • GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of MINNESOTA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: MICHAEL J. DOUGLAS; CHRIS STEINAGEL; CHRISTOPHER M. KEMP; KARLA HEFFRON; ROBERT DOWNEY; CONNIE SMITH; KORY MORTEL; ELIOT MOTU its true and lawful Attorney-in-Fact(s)for the following purposes,to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: MICHAEL J. DOUGLAS; CHRIS STEINAGEL; CHRISTOPHER M. KEMP; KARLA HEFFRON; ROBERT DOWNEY; CONNIE SMITH; KORY MORTEL; ELIOT MOTU may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary/Treasurer,this 3rd day of January, 2020. "WE d"a C SEAL Kenneth D.Whittin ton, President STATE OF OKLAHOMA ) / / //71/ ) SS: �J f � ,7/7- COUNTY OF OKLAHOMA ) Kyle P. McDonald,Treasurer On this 3rd day of January, 2020, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Kyle P. McDonald, Secretary/Treasurer of said Company,with both of whom I am personally acquainted,who being by me severally duly sworn, said, that they,the said Kenneth D.Whittington and Kyle P. McDonald were respectively the President and the Secretary/Treasurer of GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal,that it was so fixed by order of the Board of Directors of said corporation,and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively,of the Company. sv$0,E.ei. N. 1 OI C ./ My Commission Expires: "'""/�/ ��� August 8, 2021 �NOpOK Notar, Public FILED Commission#:0101 3257 GRANITE RE,INC. JAN 1 5 1021 OI 5 Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., a Minnesota tr r i EREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 1 5, 1987, minutes of the meeting Of the 13 r... orr irectors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. Iowa I y, OW8 "RESOLVED,that the President, any Vice President,the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however,that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WH OF,the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this S-1- day of 12CL/„ 'DA , 20 X "OE tie / �� SEA- L 1// •..-• Kyle P. McDonald,Secretary/Treasurer GR0800-1 I r 1 CITY OF IOWA CITY 410 East Washington Street ENGINEER'S REPORT Iowa City, Iowa 52240- 1826 (319)356-5000 (319)356-5009 FAX www.icgov.org December 7, 2021 City Clerk Iowa City, Iowa RE: Sludge Storage Tank Masonry Repair Project Dear City Clerk: I hereby certify that the construction of the Sludge Storage Tank Masonry Repair Project has been completed by TnT Tuckpointing & Building Restoration, LLC, of Stockton, Iowa, in substantial accordance with the plans and specifications prepared by Stanley Consultants, Inc. of Muscatine, Iowa. The project was bid as a lump sum contract and the final contract price is $171,585.00. There were four (4) change or extra work orders on the project as follows: 1. Rotate the tank lid for easier access for staff $4,000.00 2. Additional tuckpointing on sludge processing building $1,300.00 3. Replace skylights on tank lid $3,285.00 4. Additional mobilization to accommodate City provided work $3,200.00 Total $11,785.00 I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, P.E. r City Engineer =f r~ 7 3 5. � Prepared by: Ben Clark, Engineering Division,Public Works,410 E.Washington St., Iowa City,IA 52240(319)356-5436 Resolution No. 21-306 Resolution accepting the work for the Sludge Storage Tank Masonry Repair Project. Whereas, the Engineering Division has recommended that the work for construction of the Sludge Storage Tank Masonry Repair Project, as included in a contract between the City of Iowa City and TnT Tuckpointing & Building Restoration, LLC, of Stockton, Iowa, dated December 21, 2020, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Clerk's office; and Whereas, funds for this project are available in Wastewater account#72720122; and Whereas, the final contract price is $171,585.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 14th day of December , 2021 Approved by /f Attest: jj . f 3v r � City Clerk City Attorneys Office (Sara Greenwood Hektoen — 12/08/2021) It was moved by Weiner and seconded by Bergus the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Bergus x Mims x Salih x Taylor x Teague x Thomas x Weiner