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HomeMy WebLinkAboutAFFORDABLE DREAM HOME OPPORTUNITIES/2000/2001/2005/2006/2007Marian Karr f=rom: Doug Boothroy Sent: Friday, February 15, 2013 2:44 PM To: Marian Karr Subject: RE: closing project files These projects are complete and the project files should be closed. From: Marian Karr Sent: Friday, February 15, 2013 2:27 PM To: Doug Boothroy Subject: closing project files When City projects are approved by Council we set up a project file. That file is closed when Council accepts the work and /or authorizes payment. We have a file "Affordable Dream Home Opportunities" we started in 2000. In that file there are the following: 2001 Program 940 Longfellow Ct. 938 Longfellow Place Lots 10 & 11 Longfellow Manor Lots 13 & 16 Longfellow Manor Can these be closed? Please let me know if you need additional info or (of course) stop by and take a look. .AtaWwt 9(. Nwvt, ✓1f.Ate City Clerk City of Iowa City 319 -356- 5041(Phone) 319- 356- 5497(FAX) Population 67,862 R'I'f0 ✓c�C.6 i.� � /'¢Gir. -� hlorri.� ��ow�Kn ��r�$ �y.��.Q„�, "@ , V nR con{yac-l-, ;E esl;rvwYe ad Ctrs( � Do 4-Lc c r �t Dr6s, "4iio�- Iob 0,- �: ✓ii�-::�., \ :y.: rlP vl� �n_��. %��i_SA /l YT!'irr nD SQ �f( �Pt�r'�YI 9. 15-A/60 /00 -CO c c f (YL n �`c7JLQ�S � �orciabl� �rca,M �ornL IWO '.-� won /l. -- v I 5d(1) Prepared by: Doug Boothroy, HIS, 410 E. Washington St., Iowa City, IA 52240, (319)356 -5120 RESOLUTION NO. 99 -399 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF A SINGLE - FAMILY HOME UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE DIRECTOR OF HOUSING AND INSPECTION SERVICES TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above - mentioned project is to be held on the 4'° day of January, 2000, at 9:00 a.m. in the Council Chambers, Civic Center, 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. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above -named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above -named project is hereby ordered placed on file by the Director of Housing and Inspection Services in the office of the City Clerk for public inspection by December 23, 1999. Passed and approved this 7th day of December 119 99 AYOR Approved by ATTEST: 7'Y �.,,� `tj� "��� � J CIT* CLERK City Attorney's Office It was moved by Thornberry and seconded by adopted, and upon roll call there were: AYES: NAYS: X X X hie drrdres /aHdream.doc Champion the Resolution be ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Down GRy VilousMng Authc dty Houj,sn � Prroj'oGt- 1;12 ! cko vvwn Largo � Oo vva, G RY, � Owa J o1 "a rr °y 2000 I7 R,�01III Imo` G �C��aa ppIIJ SP I��JuIlfWA IIONINS, Ill LJ l fro r Down GRy VilousMng Authc dty Houj,sn � Prroj'oGt- 1;12 ! cko vvwn Largo � Oo vva, G RY, � Owa J o1 "a rr °y 2000 General Specifications for Lot 81 South Pointe Addition 1512 Dickenson Lane Iowa City, Iowa GENERAL REQUIREMENTS A. General 0 i N N c� F11 0 These specifications are the "Streamline" type and, therefore, omission of many such words as "the Contractor shall; the; a; according to the plans; all; etc." is intentional. In all cases, however, omitted words shall be supplied by inference when interpreting any instructions or directions in the specifications. All materials and equipment shown or specified on the plans or in the specifications, or required to complete the project ready for operation shall be provided and securely installed in place by the Contractor. Provision and installation of materials and equipment shall include everything required for perfect performance, regardless of omission of specific reference on the plans or in the specifications. Materials and equipment in the project shall be new. Workmanship shall be first class. The plans and specifications are basic, and they are presumably correct and complete. Any ambiguity, error or omission which may develop as a result of the requirements of the particular project shall be brought to the attention of, and corrected with the approval of the owner. The Contractor shall comply with all applicable laws of the City of Iowa City and shall be responsible for payment of fees for any permits and licenses required. The building and all related permit fees will be waived by the City. In the event of a conflict between various codes and manuals, the more stringent requirements shall be followed. The project shall be completed in time to participate in the 2000 Parade of Homes sponsored by the Home Builders Association of Iowa City. B. Contractor's Responsibility Contractor is expected to provide and pay for a. All labor, materials and equipment. b. Tools, construction equipment and machinery. C. Other facilities and services necessary for proper execution and completion of work. d. Legally required sales, consumer and use taxes. e. Permits, Government Fees and Licenses. 2. Contractor is required to give all required notices, comply with codes, ordinances, rules, regulations, orders and other legal requirements of public authorities which bear on- performance of this work. 3. Contractor is to promptly submit written notice to the owner of observed variance of Contract Documents from legal requirements. 4. Contractor is to enforce strict discipline and good order among employees. Contractor is not to employ unfit and unskilled persons for the assigned tasks. Neither the Contractor nor his /her subcontractors shall employ any persons whose physical or mental condition is such that his /her employment will endanger the health and safety of himself /herself or others employed on the project. The Contractor shall not commit any of the following employment practices and agrees to include the following clauses in any subcontracts: 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 job performance of such person or employee. 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. 5. It is deemed that each Contractor shall have acquainted himself /herself with the site and conditions under which construction is to be carried on in accordance with the plans and specifications. The Contractor will be held responsible for damage to new or existing work or property caused by improper execution of work or failure to take necessary precautioD5 to prevent damage, and he /she shall repair or replace such ddnage tb the satisfaction of the owner. � n o C. Insurance 1. Certificate of Insurance; Cancellation or Modification: a. Before commencing work, the Contractor shall suu 1 to` the Owner for approval a Certificate of Insurance, eting the requirements specified herein, to be in effect for the full contract period. b. The Contractor shall notify the Owner in writing at least thirty (30) calendar days prior to any change or cancellation of said policy or policies. C. Cancellation or modification of said policy or policies shall be considered just cause for the Owner to immediately cancel the contract and /or to halt work on the contract, and to withhold payment for any work performed on the contract. 2. Minimum Coverage: a. Any policies or policies of insurance purchased by the Contractor to satisfy his /her responsibilities under this contract shall include contractual liability coverage, and shall be in the following type and minimum amounts: Type of Coverage Class 11 (1) Comprehensive General Each Liability Occurrence Agareaate (a) Bodily Injury $500,000 $1,000,000 3. In addition, the Contractor shall be required to comply with the following provisions with respect to insurance coverage: a. The entire amount of Contractor's liability insurance policy coverage limits, identified in the policy and on the Certificate of Insurance, must, under the policy, be available to pay damages for which the insured Contractor becomes liable, or for which the insured assumes liability under the indemnity agreement, 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. b. The entire amount of the Contractor's liability insurance policy coverage limits shall be payable by the Contractor's insurer, with no deductible to be paid by, or self- insured retention to be attributed to, the Contractor unless this requirement is waived by the Owner. Contractor's Certificate of Insurance must set forth the nature and amount of any such deductible or self- insured retention. C. 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. d. The Owner prefers that Contractor provide it with "occurrence form' liability insurance coverages. If Contractor can only provide "claims- made" insurance coverages, then the Contractor must comply with the following requirements: (1) If the Contractor changes insurance carriers, or if Contractor's insurance coverage is cancelled, during the contract period or within two years after completion of the Contract and Owner's acceptance of the work, Contractor agrees to immediately notify the Owner of such event. (2) If Contractor's insurance is cancelled or is allowed to lapse during said period, Contractor shall be required to obtain replacement insurance coverage to fulfill its obligation hereunder. (3) If, during said period, Contractor involuntarily changes insurance carriers, or is required to obtain replacement coverage from another carrier, Contractor shall either purchase "tail" coverage from its first carrier effective for a minimum of two years after inception thereof, or (2) purchase "prior acts" insurance coverage from its new 3 SS iLl (b) Property Damage 250,000 O n o _., -n (2) Motor Vehicle Liability & U �- Property Damage Per Per Insurance: Person Acc' ent (a) Bodily Injury $500,000 ,400,d0a (b) Property Damage X50,000;, (3) Workers' Compensation Insurance as required by Chapter 85, Code of Iowa. In addition, the Contractor shall be required to comply with the following provisions with respect to insurance coverage: a. The entire amount of Contractor's liability insurance policy coverage limits, identified in the policy and on the Certificate of Insurance, must, under the policy, be available to pay damages for which the insured Contractor becomes liable, or for which the insured assumes liability under the indemnity agreement, 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. b. The entire amount of the Contractor's liability insurance policy coverage limits shall be payable by the Contractor's insurer, with no deductible to be paid by, or self- insured retention to be attributed to, the Contractor unless this requirement is waived by the Owner. Contractor's Certificate of Insurance must set forth the nature and amount of any such deductible or self- insured retention. C. 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. d. The Owner prefers that Contractor provide it with "occurrence form' liability insurance coverages. If Contractor can only provide "claims- made" insurance coverages, then the Contractor must comply with the following requirements: (1) If the Contractor changes insurance carriers, or if Contractor's insurance coverage is cancelled, during the contract period or within two years after completion of the Contract and Owner's acceptance of the work, Contractor agrees to immediately notify the Owner of such event. (2) If Contractor's insurance is cancelled or is allowed to lapse during said period, Contractor shall be required to obtain replacement insurance coverage to fulfill its obligation hereunder. (3) If, during said period, Contractor involuntarily changes insurance carriers, or is required to obtain replacement coverage from another carrier, Contractor shall either purchase "tail" coverage from its first carrier effective for a minimum of two years after inception thereof, or (2) purchase "prior acts" insurance coverage from its new 3 carrier, covering prior acts occurring during the period of this Contract from and after its inception. (4) "Tail" or "prior acts" coverages so provided shall have the same coverages, with the same limits, as the insurance specified in this Contract, and shall not be subject to any further limitations or exclusions, or have a higher deductible or self - insured retention than the insurance which it replaces. (5) The Owner reserves the right to waive any of the insurance requirements herein provided. The 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. (6) In the event that any of the policies of insurance or insurance coverages 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 loses exhaust the aggregate limits of Contractor's liability insurance, the 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. 4. Hold Harmless; Endorsement Required: a. The Contractor shall indemnify, defend and hold harmless the Owner, the City of Iowa City, and its officers, employees, and agents from any and all liability, loss, cost, damage, and expense (including reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of any claims, actions, or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operations under this Contract, whether such operations be by himself or herself or by any Subcontractor or by anyone directly or indirectly employed by either of them. �rz b. The Contractor is not, and shall not be deemed to 11(1 aunt or employee of the City of Iowa City, Iowa. �.. -_ TI D. Cooperation and Coordination N The Contractor shall cooperate with the Owner, Owner's Represen e, and other contractors, if any, to ensure rapid and accurate completion is tffi? W k, and he /she shall assist the Owner in coordination. �> E. Temporary Facilities 1. The Contractor shall maintain any office, storage facilities, or protection required by his operators. 2. Temporary facilities and products shall conform to the codes, ordinances, and requirements of all regulatory agencies having jurisdiction over the project. Agencies included, but not limited to: F 3. Contractors shall consult with utility companies and include in their bid any costs for connection, extensions, relocations, installation, and removal of any temporary facilities, such as sewer, water, gas, electrical, telephone, cable TV, etc. 4. Access to the site shall be coordinated with the Owner. 5. Contractor shall protect existing facilities and repair any damages to the satisfaction of the Owner. 6. Contractor will provide electric power, water and phone for the duration of the project. Contractor shall provide temporary heat if required. Contractor shall provide stoves, salamanders, furnaces, or "Herman Nelsons" with self - contained fuel supplies to maintain temperatures required during cold weather. During concrete and masonry work, temperatures above +32° F shall be maintained in enclosures. Temperatures shall be elevated for sheet rocking and painting to material manufacturer's recommendations and maintained thereafter. Temporary heat shall cease when permanently installed hearing units are useable. 8. Contractor shall provide his own on -site portable toilet or otherwise comply with O.S.H.A. regulations. Substitutions 1. Contractor shall prepare base bid with the intent of furnishing materials and equipment as specified. If materials or equipment cannot be furnished as specified, substitute materials or equipment capable of equal performance may be used UPON WRITTEN APPROVAL OF THE OWNER. 2. If substitutions are to be made after a construction contract has been approved, the contract shall be amended accordingly by a contract amendment to provide for the change. 3. In making a request for substitution, the supplier /contractor represents: a. Contractor has personally investigated proposed product or method, and determined that it is equal or superior in all respects to that specified. b. Contractor will provide the same guarantee for substitution as for products or method specified. C. Contractor will coordinate installation of accepted substitution into work, making such changes as may be required for work to be completed in all respects. 5 J ♦i> a. O.S.H.A. b. State of Iowa �� N G. City or Municipality of project ! j O 00 d. Uniform Building code — most current edition 3. Contractors shall consult with utility companies and include in their bid any costs for connection, extensions, relocations, installation, and removal of any temporary facilities, such as sewer, water, gas, electrical, telephone, cable TV, etc. 4. Access to the site shall be coordinated with the Owner. 5. Contractor shall protect existing facilities and repair any damages to the satisfaction of the Owner. 6. Contractor will provide electric power, water and phone for the duration of the project. Contractor shall provide temporary heat if required. Contractor shall provide stoves, salamanders, furnaces, or "Herman Nelsons" with self - contained fuel supplies to maintain temperatures required during cold weather. During concrete and masonry work, temperatures above +32° F shall be maintained in enclosures. Temperatures shall be elevated for sheet rocking and painting to material manufacturer's recommendations and maintained thereafter. Temporary heat shall cease when permanently installed hearing units are useable. 8. Contractor shall provide his own on -site portable toilet or otherwise comply with O.S.H.A. regulations. Substitutions 1. Contractor shall prepare base bid with the intent of furnishing materials and equipment as specified. If materials or equipment cannot be furnished as specified, substitute materials or equipment capable of equal performance may be used UPON WRITTEN APPROVAL OF THE OWNER. 2. If substitutions are to be made after a construction contract has been approved, the contract shall be amended accordingly by a contract amendment to provide for the change. 3. In making a request for substitution, the supplier /contractor represents: a. Contractor has personally investigated proposed product or method, and determined that it is equal or superior in all respects to that specified. b. Contractor will provide the same guarantee for substitution as for products or method specified. C. Contractor will coordinate installation of accepted substitution into work, making such changes as may be required for work to be completed in all respects. 5 G. IJ 4. Substitutions will not be considered if: a. Acceptance will require substantial revision of Contract documents. Standards Reference made to standards of the American Society of Testing Materials (ASTM), A.G.A., NBFU, Underwriters Laboratories, American Institute of Electrical Engineers, N.E.M.A., and the National Electrical Code, and other similar organizations and publications, refer to specifications of latest revision. All work shall be in strict accordance with Codes and Statutes of the State of Iowa; codes, statutes, ordinances and resolutions of both the city and county; and other local codes as applicable. Additionally, all work shall meet the requirements of the local gas and electric utilities, and the Owner's insurance companies. Should any work on drawings or herein be contrary to above, the work shall be executed in accordance with said ordinances, statutes, code and requirements, but not until the points in question have been referred to the Owner for approval. Project Close Out 1. When the Contractor considers the project complete and in acceptable operating condition, he /she shall notify the Owner. The Owner shall then make the final inspection and tests to determine that to the best of his /her knowledge, the project is complete and erected in accordance with the Contract, including any amendments thereto. Should the Owner consider the work not complete, he /she shall immediately notify the Contractor. The Contractor shall then complete incomplete areas and notify owner. Owner shall then re- inspect facilities. - 2. Contractor shall provide the following r lose Out Submittals: C ? o a. Operation and maintenance data. N b. Guarantees, warranties and bonds. n� C. Certificates of Inspection. �� a d. Contractor's affidavit of payment of debts and claims. rs� e. Contractor's affidavit of release of liens. Y — f. Separate waivers of liens for subcontractors, suppliers, and others with lien rights against property of Owners, together with list of those parties. g. Iowa St -172 Sales Tax Form for Owner's use.. Cleaninci 1. Maintain premises and public properties free from accumulations of waste, debris, and rubbish caused by operations. 2. At completion of work, remove waste materials, rubbish, tools, equipment, machinery and surplus materials, and clean all sight - exposed surfaces. Leave project clean and ready for occupancy. 3. Contractor shall obtain necessary permits, if required, from City and /or County for disposal of construction wastes and debris. Disposal shall be in lawful facilities. it M 0 K. L. M N. M N safety Requirements Construction and clean -up must meet all pursuant to Public Law 91 -596 (29 U.S.C. Act of 1970 ". Cuttino and Patching requirements of the Standards issued 65), "Occupational Safety and Health Contractor shall perform all cutting and patching (also excavation and backfill) required due to obstructive existing conditions, ill timed or poorly executed work, and testing or inspection requirements. Contractor shall restore all patched surfaces to their original or to better condition and shall make adequate provision for the protection of all surrounding work and provide for adequate public safety. Patched areas shall match existing adjacent areas in appearance. Contractor shall not cut structural members without prior written approval of the Owner. Contract Compliance Program For all contracts and subcontracts of $25,000 or more, the Contractor and all affected subcontractors shall abide by the requirements of the City's Contract Compliance Program, which is included with these specifications. Working Days Except for such work as may be required to properly maintain light and barricades, no work will be permitted on Sundays or legal ho l ays without specific permission of the Owner. T �? Work During an Emergencyr , N The Contractor shall perform any work and shall furnish and install `a_n atelals and equipment necessary during an emergency endangering life of -p P6 erfy� In all cases he /she shall notify the Owner of the emergency as soon a4kacticgfile, but shall not wait for instructions before proceeding to properly protect both,-life and property. Exposing Utilities The Contractor shall expose all utilities at the request of the Owner for purposes of investigation. This work shall be considered incidental to the Contract and no additional compensation shall be granted. If a utility is encountered during construction, the utility shall be protected. If a utility is damaged by the Contractor during construction, the utility shall be repaired by the Contractor at no cost to the City. Minor Work Any minor work not specifically mentioned in the Specifications or shown on the plans, but obviously necessary for the proper completion of the work shall be considered as being a part of and included in the Contract and shall be executed in the proper manner and the Contractor shall not be entitled to extra or additional compensation for the same. it Fn 0 Q. Release of Claims The Contractor shall deliver to the Owner a complete release of all claims arising out of this Contract before the final pay estimate is paid. If any claim remains unsatisfied after all payments are made, the Contractor shall refund to the Owner such amounts as the Owner may have been compelled to pay to discharge such claims, including all costs and a reasonable attorney's fee. R. Sales Tax The City of Iowa City is exempt from all Federal, State of Iowa and other states' taxes on the purchase of commodities and services used by the City of Iowa City within the State of Iowa. The Purchasing Division shall provide tax exemption certification to out -of -state suppliers as required. Out -of -state taxes imposed on purchases of commodities and /or services which are used within another state are applicable and subject to payment. Contractors shall bill the City Accounting Division, including tax, for contracts pertaining to the alteration, construction or repair of real property. The Contractor shall provide the necessary Iowa Department of Revenue Contractor's Statement (one contractor's statement for each subcontractor). The Accounting Division shall then contact the State of Iowa for tax reimbursement. Contractors and subcontractors shall pay all legally required sales, consumer and use taxes on all commodities and /or services purchased or rented to complete their contract. S. Guarantee Unless otherwise specified, the Contractor shall unconditionally guarantee the materials and workmanship on all equipment furnished for a minimum period of one (1) year from date of acceptance of the items delivered and installed. If, within the guarantee period, any defects or signs of deterioration are noted which in the Owner's opinion are due to faulty design, installation, workmanship, or materials, the Contractor, upon notification and at his /her expense, shall repair or adjust the equipment or parts to correct the condition or he /she shall replace the part or entire unit to the complete satisfaction of the Owner. These repairs, replacements or adjustments shall be made only at such time as shall be designated by the Owner as least detrimental to the operation of the Ownpr's business. 0, I o Regardless of any statement to the contrary, the Contractor agr E� `;thafc' e — I implied warranty of merchantability and fitness for a specific pufpOsi is Not disclaimed. - T. Payment Provisions _ 1. Payment Terms. Payment may be made only after inslit n and acceptance by the owner. No partial payments shall be made unless otherwise authorized by the Owner, or unless commodities were constructed, erected, installed or tested on site, in which case, payment shall be made on the basis of a percentage of the value of all work performed less any previous payments. Payment of balances shall be made only after approval and final acceptance of the Owner. Withholding Payment. Consideration for withholding payment shall include faulty materials, equipment, or workmanship, back orders, and liens that have been filed, or evidence indicating a possible filing of claims. In all cases, regulation and limitations imposed by the Federal Government and State of Iowa shall prevail. Invoicina. Following acceptance, payment shall be made within thirty (30) calendar days from receipt of proper invoice. Invoice shall include department name, dollar amount, and any other pertinent information. Submit invoice in duplicate to: Iowa City Housing Authority Attention: Doug Boothroy Civic Center — 410 E. Washington St. C7 Iowa City, Iowa 52240 U. Note 1. Final colors and manufacturers to be approved by the Owne U T? 2. All quantities and locations shall be as indicated on the plans;' SITEWORK A. Excavation 0 c-� N N co cn 1. Excavation consists of removal and disposal of material encountered when establishing required finish grade elevations. 2. Material storage: Stockpile satisfactory excavated materials where directed, until required for backfill or fill. Place, grade, and shape stockpiles for proper drainage. Locate and retain soil materials away from edge of excavations. Dispose of excess soil materials and waste materials as herein specified. 3. Cold weather protection: Protect excavation bottoms against freezing when atmospheric temperature is less than 35'F (1 °C). 4. Over excavation and backfill procedure (if required): a. Where unsuitable bearing material is encountered below design footing level, overexcavate as shown above. b. Minimum depth D =W for continuous footings and minimum depth D =' /2W for isolated footings. C. Place fill below footing level in 9 -inch loose lifts. B. Backfill and Fill m 1. General: Place acceptable solid material in layers to required subgrade elevations, for each area classification listed below: a. In excavations, use satisfactory excavated or borrow material. b. Under walks and pavements, use subbase material or satisfactory excavated or borrow material, or combination of both. C. Under building slabs, use granular base fill material. d. Around foundation drainage tile, use drainage fill material. 2. Backfill excavations as promptly as work permits, but not until completion of the following: 9 b. C. C. Grading Acceptance of construction below finish grade, including, where applicable, damp - proofing and waterproofing. Inspection, testing, approval, and recording locations of underground utilities. Removal of trash and debris. Site shall be shaped to rough grade profiles and contours to ensure desired site surface drainage. Final grading, ready to receive sodding. 2. Grade areas adjacent to building lines to drain away from structures and to prevent ponding. 3. Entire lot to be sodded. D. Site Utilities 1. Description a. This section covers the installation of the items for utility main lines to the building. -; (7 0 .. 71 r_ -_ N I- 71 IJ following oility service U7 1. Water service. 2. Sanitary sewer service. 3. Electrical and phone service by others. 4. Subsurface drainage system. Any items not specifically noted, but reasonably necessary for a complete installation, shall be furnished and installed under this Contract. 2. Codes and Permits Materials and installation shall conform to all state and local codes and regulations governing the trades included in this work. Requirements of these plans or specifications, not conflicting therewith, but exceeding code requirements shall govern. The Contractor shall obtain all necessary permits required for this work. He /she shall also arrange for all inspection, examinations, or approvals required by governing ordinances thereof. Should Contractor fail to coordinate this before backfilling, he /she will open the work for inspection at no additional cost to the Owner. 3. Products a. Water Services All piping and fittings for service (as shown on drawings) shall be Copper Tubing Type K" deoxidized, ASTM B88- 71 hard tubing with brass fittings as manufactured by Mueller, American or Revere Brass Company. b. Sanitary Sewer Services Sanitary sewer piping shall be standard strength, vitrified clay sewer tile, cast iron sewer pipe, or rigid PVC Schedule 40 sewer pipe. 10 C. Electric and Telephone Services Electric and telephone service from the main lines to the structure are to be coordinated with the relevant local utilities. The Contractor shall be responsible for contacting representatives of these utilities and coordinating the installation by the utilities of these permanent services, so that they are in place at the time of final acceptance of the project. d. Subsurface Drainage System 1. As required in the subdivision agreement, basements must be equipped with a sump pump and adequate foundation tile which discharge into the subsurface drainage system. Proper installation of the sump pump and the foundation tile are the sole responsibility of the Contractor and the City is not responsible for inspecting the installation of sump pumps and foundation tile. Finally, discharge from down spouts and roof drains into the subsurface drainage system is prohibited. To ensure compliance with these conditions, the Contractor will contact the Owner after installation and prior to backfilling. E. Waterproofing: 4" perimeter ADS drain inside and outside of foundation. ADS connected to sump basket with pump. Sump pump ejection shall terminate at the subsurface drainage system. 3. CONCRETE A. Foundation: Cast -in -place or pre- engineered three - layered insulated sandwich wall system comprised of 2 layers of concrete separated by a layer of polystyrene insulation on a continuous concrete footing. Contractor to use: 1. Thermomass. 2. Approved equal B. Garage Floor: 4" concrete with re -rod 24" on center. Trowel finish. C. Basement Floor: 4" concrete over poly -vapor barrier. Trowel finish. D. Stoop: 4" concrete with re -rod 24" on center. Light broom finish. E. Driveway: 4" concrete with re -rod 24" on center entire width of garage. Light broom finish. F. Walks: 4" concrete. Light broom finish. 4. NO WORK 5. METAL = c 71 A. Steel beams shall be as indicated on the plans c,, N j— (`I-i rn O CO cn 6. WOODS & PLASTICS A. Exterior Wall: Pre - engineered three - layered insulated sandwich wall system comprised of 2 layers of concrete separated by a layer of polystyrene. Contractor to use: 1. Thermomass. 2. Approved equal. B. Interior Walls: 2x4 studs, 16" on center. C. Roof System: Pre - engineered roof trusses 24" on center with 15/32" OSB sheathing. D. Floor System: 2 x 10 No. 2 Douglas Fir at 16" on- center Alternate: 11 7/8" 1 joist, 16" on center with 3/" tongue & groove subfloor. E. Millwork: 1. Lumber shall be sound and dry, selected for compatibility of grain and color and containing no defects that cannot be concealed by finishing methods for stained transparent finish. 2. Scribing and joining shall accomplish hair -line joints. Finish trim corners shall be mitered, trim other than finish may be butted. 3. Pre - finished wood baseboard to match interior doors, frames and casing shall be nominal 3" high. O :° 4. Stair railing shall be oak. -" = i t ; 71 c F. Cabinetwork: "' 1. Grade: Cdr` t co a. All cabinets shall bear the label of an independenT inspegipn agency that maintains continuous control over the testing and inspection of the cabinet. The label shall identify the manufacturer's name or symbol and indicate compliance with the applicable standards. 2. Species: a. Exposed members shall be oak or maple with veneered portions plain sliced. 3. Hardware: a. The cabinet manufacturer shall furnish and install cabinetwork hardware. 4. General: a. Face frames and cabinet doors shall be not less than 3 /a" thick hardwood. b. Cabinets shall be constructed with horizontal lumber webframes, vertical plywood walls, or panels or lumber face plates. Cabinet 12 C. Cabinet bottom shall be minimum %2' thick except in sink unit where ' /d' tempered hardboard may be loose set on web frame for access to service lines. d. Cabinet backs shall be '/4" minimum thickness plywood or hardboard. In base cabinets where no drawers occur, backs may be made removable from the interior of the cabinet. e. Drawer bottoms shall be %" minimum thickness plywood. f. Drawer sides shall be beveled top edges and plowed bottoms to receive drawer bottom. g. Fixed web frames and shelves shall be joined to ends or vertical dividers with stop dado. h. Adjustable shelves shall be supported on surface applied shelf standards and brackets. Both edges but not ends of adjustable shelves shall be edged with hardwood. Shelves shall be 518" minimum thickness. i. Countertop assemblies shall consist of plastic laminate over plywood or other approved material. Sink cut -outs shall be made by templates provided by sink supplier. Edges of cut -outs shall be permanently sealed to prevent water absorption. j. Flush type doors shall be %" thick for maximum size 36" wide by 48" high or oak or maple wood. k. Bases shall be solid oak or maple (matched to cabinet) only, set to provide a toe space 2 -1/4" deep by 4" high above finished flooring material for cabinets. Where similar individual units are assembled together into one integral items, the base may be solid yard lumber securely attached to the floor as a single unit. I. Cabinetwork shall be pre - finished by the manufacturer. M. Stain colors, wood types and cabinet patterns shall be selected by the Owner from the manufacturer's full palette. (1) G. Closet Shelving: THERMAL AND MOISTURE A. Foundation: Manufacturers: BRAMMER; KITCHENCRAFT, ENCORE, OMEGA, OR APPROVED MANUFACTURER. .0 O ° 0 Vinyl coated wire shelving in all closets. One #6JI ?an od in each clothes closet. Five shelves in each :llnenNnd 71 pantry closet. One shelf in laundry closet. PROTECTION DJ =- Q 7,� co Hydrocide or other approved material w terprogfing applied to exterior concrete walls below grade. Cn B. Building Insulation: Exterior walls; see 6, A.. House to garage wall; 3 %2" Kraft -faced stapled in place. Basement walls; minimum R -10. Flat lid; 12" blown -in Rockwool R -40. Vaulted lid; 12" R -38 Kraft -faced balls stapled in place. Baffles; placed in every other truss. 13 91 M C. Shin ales: 235# Certainteed Sealdon 25 asphalt shingles or approved equal. D. Sidina: Stucco and vinyl siding with aluminum soffits and fascia. E. Shutters: Embossed wood grain louvered style location, as indicated on plans. Gutters and Downspouts: Seamless aluminum. DOORS AND WINDOWS A. Exterior Doors: Front door shall be a steel insulated door with a sidelight. Garage door to house - flush steel insulated door. Overhead door - 16 "xT steel insulated raised panel with a Y= HP operator and two transmitters. House to patio - clad sliding glass door. Wood Doors: All interior doors shall be 1 -3/8" thick hollow core wood doors with wood frame. O p Pre - finished doors and frames shall be pre -hung. -' ' _ c i 7-1 Doors shall be pre- bored, ready to receive door hardware. :17' IFF1 i Doors and frames shall be embossed, simulated wood surface._� 0 Colors to be selected by owner. o, Pre - finished wood door casing shall be provided. Casing shall match door and frame. C. Windows: Clad double hung with insulated glass with screens. Sizes on drawings are approximate. All bedrooms and basement window must meet egress requirements. D. Finish Hardware: Entrance, privacy and privacy locks are Schlage- Georgian Series or an approved equivalent. Deadbolts at all entry doors. FINISHES A. Gypsum Wall Board: Ceilings - 5/8" sheetrock with three coats paint and a knockdown texture. walls - %' sheetrock with three coats tape and orange peel texture. Garage - one coat tape. B. Paint and Stain: Interior walls, including interior garage walls, are to be primed and finish coated. Interior window jambs, etc., are to be stained, sealed, and varnished. Entry doors are enamel coated. M11 C. Floor Coverino: 1. Carpet Style: CK043 CK043 Pile Yarn Content: Spun 100% polyester Yarn Twists per Inch: 5.0 x 4.8 Fabric Type: Cut pile Fiber Treatment: Mohawk approved polyester Gauge: 1/8 C Pile Height: .440 O o Stitches per Inch: 8.83 Finished Pile Weight: 39.50 oz. _ Total Weight: 71.00 oz. Density: 3232 Dye Method: Beck _. Primary Backing: Woven polypropylene CU 7, Secondary Backing: Woven polypropylene _ FHA Information: MEA # 45694 Type:I Class:1 Type: 11 Class:1 Texture: F Performance Appearance Retention (PAR) Rating: 3.50 Indoor Air Quality #: 13427678 Flammability: Pill Test — 16CFR- 1630,4 (FF- 1 -70): Pass a. Mohawk Industries, Inc. b. Approved equal. 2. Sheet Vinyl Flooring: a. Colors and patterns: as selected by Owner from manufacturer's standards. b. Sheet vinyl flooring shall be residential grade with 0.060" minimum thickness. C. Pattern and color shall extend through full thickness, complying with FS L -F -475, Type IL d. Manufacturers: Armstrong, Congoleum, Tarkett, or approved equal. 3. Adhesives (Cements); Waterproof, stabilized type as recommended by flooring manufacturer to suit material and substrate conditions. 4. Leveling Compound: Latex type as recommended by flooring manufacturer. 10. SPECIALTIES A. Toilet And Bath Accessories 1. Towel bars: Chrome finished steel. Screw mount into wood studs in wall. Two 36" long towel bars. 15 2. Toilet paper holder: Chrome finished steel. Surface mount with screws on adjacent vanity base cabinet. 3. Mirror: One at 24" w. X 32" h. and one at 52" w. X 32" h. wall mirror. Install chrome - plated channel to support mirror along top and bottom edges. 11. EQUIPMENT A. Appliances: Electric Range: 30" Slide -in Electric Range: oven light and door with window, equipped with 2 adjustable chrome racks, cooktop with 4 plug -in heating elements, including not less than one 8 ", 2600 watt element; removable chrome - plated drip bowls. a. General Electric b. RCA C. Hot Point d. Kenmore e. Approved Equivalent 2. Range Hood: 30" ventilating type hood for mounting below wall cabinets, with 2 -speed fan, permanent washable fitter, built -in lighting, baked -on enamel finish, rated at 160 cfm, minimum. a. General Electric b. Broan C. Kenmore d. Approved equivalent *Refrigerator /Freezer: Free - standing, freezer above two door unit; automatic (self) defrosting freezer, separate refrigerator and freezer temperature controls; storage features including adjustable shelves, door shelves and not less than 2 ice cube trays. Minimum capacity values, measured according to ANSI B 38.1 and certified b AHAM. for refrigerator volume is 18 cubic feet, with 25.0 square fee ffotal shelf area. -I1 Top Freezer:�� rNV f- a. GE b. RCA = IT] r. 0 C. Hot Point a) d. Westinghouse e. Approved equivalent 4. *Dishwasher: Standard size built -it five -cycle dishwasher with a pots and pans cycle and temperature boost. a. GE b. Hot Point C. Whirlpool d. Approved equivalent * Shall have highest Efficiency Rating provided by the manufacturer and must be approved by the Owner. 12. NO WORK 13. NO WORK 16 14. NO WORK 15. PLUMBING A. Plumbing: Fiberglass tub /shower (white) Tub and shower faucets Waste and overflow Stools (white) Stool seats (white) Lays (white) Lav faucets Kitchen sink Sink faucet Disposal 'Water heater Relief valve 2 sillcocks 1 laundry faucet Vent water through furnace heater, dishwasher hook -up. O`c' D el� vent, gas piping to water B. HVAC "Furnace - gas fired forced air. 'Air Conditioner — condenser with evaporator "A" coil, complete with refrigeration lines plenum adapter, condensate drain, controls, metalbestos chimney, vent pipe, combustion /ventilation air duct, gas piping, all supply air and return air distribution systems. " Shall have the highest Efficiency Rating provided by the manufacturer and must be approved by the owner. 16. ELECTRICAL A. Electrical Service: hisassAspecs.doc Install a 100 AMP service of the breaker type entrance. Chime wiring only for one door. All switches shall be the 15 AMP quiet type. All plugs shall be ground type. All plates for switches and plugs. All wiring to be grounded in Romex. 5 — Pre -wires for telephones, located by owner. 5 — Pre -wires for television plugs, located by owner. Laundry to have 110v washer and 220v dryer plugs. 2 weatherproof plugs. Install a 30" vented hood. 2 bath fan lights. 1 recessed light. Smoke detectors. Install wiring for gas furnace. Install wiring for electric air conditioning. Hook up all electrical appliances — dishwasher, disposals, and ovens. Contractor's bid shall include $800 for a light fixture allowance for all surface mounted fixtures. All other light fixtures shall be included in bid. 17 101 Prepared by: Doug Boothroy, H.I.S. Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5020 RESOLUTION NO. 00 -7 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF A SINGLE FAMILY HOME UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING THE CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing for the above -named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The plans, specifications, form of contract and estimate of cost for the above -named project are hereby approved. 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. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above -named project in a newspaper published at least once weekly and having a general circulation in the city. 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 Civic Center, until 10:30 a.m. on the 27' day of January, 2000, or at a later date as determined by the Director of Housing and Inspection Services or designee, with notice of said later date to be published as required by law. Thereafter the bids will be opened by the Director of Housing and Inspection Services or designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its meeting on February 1, 2000, to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m., or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this 4th day of Jan nary 2000. e:5LI41 eez.-'Z� AYOR A ro d b ATTEST: �%..���r� -zr_i y!JIX�+�' i - 9- CIT CLERK City At o -mey's Office Resolution No. 00 -7 Page 2 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: AYES: X X X NAYS: 0' Donnel l the Resolution be ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn Y rr, 4d74 Prepared by: Doug Boolhroy, HIS, 410 E. Washington St., Iowa City, IA 52240, (319)356 -5120 RESOLUTION NO. 00 -360 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF A SINGLE - FAMILY HOME UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM (1606 DICKENSON LANE), DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE DIRECTOR OF HOUSING AND INSPECTION SERVICES TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above - mentioned project is to be held on the 21St day of November, 2000, at 7:00 p.m. in the Council Chambers, Civic Center, 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. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above -named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above -named project is hereby ordered placed on file by the Director of Housing and Inspection Services in the office of the City Clerk for public inspection. Passed and approved this 7th day of Noveui4er 20 00 AYOR ATTEST: T'G -CL ,o-K _-) -e `- CIT �CI_ER It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: NAYS: X X X X X hisadWrWaffdreandoc Pp oved by lO. 3 t op City Attorney's Office 0' Donnel 1 the Resolution be ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn �l � '• _ 1 v +ri � Project Manual & Specifications for Iowa City Housing Authority Housing Project: New Three Bedroom Single - Family Dwelling 1605 Dickenson Lane Iowa City, Iowa NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 21s1 day of November, 2000, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will receive comments on plans and specifications for the construction of a single family home under the Affordable Dream Home Opportunities Program. A copy of the plans and specifications are file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons interested in expressing their views concerning this matter, preferably in writing, will be given the opportunity to be heard at the above- mentioned time and place. MARIAN K. KARR, CITY CLERK H,,.ft n4WM 1 -21 d. 1 1 1 I .} (r) IOWA CITY HOUSING AUTHORITY - INSTRUCTIONS TO BIDDERS PROJECT: OWNER HA PROJECT OFFICER Iowa City Housing Authority Doug Boothroy 410 E. Washington St. Housing & Inspection Services Iowa City, IA 52240 410 E. Washington St. Iowa City, IA 52240 (319) 356 -5121 2.2 DESCRIPTION: This project consists of a new three bedroom single family residence to be built on Lot 98, in South Pointe Addition, Part 5, Iowa City, Iowa. 2.3 TYPES OF SUBMISSION OF BIDS: 1. Single Contract Bid 2. Bidders shall submit bids in a sealed, opaque envelope, identified with: a. Project Name b. Name of Bidder 3. Address bids to: t) City of Iowa City 1 City Clerk Civic Center Iowa City, IA 52240 } ATTN: Iowa City Housing Authority 2.4 TIME AND PLACE: Bids will be received by the Director of Housing and Inspection Services at the Civic Center on December 13, 2000 no later than 3:00 p.m. 2.5 DOCUMENTS: 1. Prime bidders may obtain one set of project documents from the Office of Housing and Inspection Services, Iowa City Civic Center. 2. Prime Contractors not bidding must return documents within seven (7) calendar days of their receipt. 3. Subcontractors and Material Suppliers may examine documents at the Civic Center. If documents are required for longer than a 24 -hour period, documents must be obtained from the Office of Housing and Inspection Services. hisassV 009bf doc IB -2 2.6 2.7 EXAMINATIONS: Bidder shall carefully examine the plans and specifications, bid materials and construction site to obtain first -hand knowledge of existing conditions. Contractors will not be given extra payment for conditions which can be determined by examining the site and documents. All information given on the Drawings or in the other Contract Documents relating to subsurface and other conditions, natural phenomena, existing pipes, and other structures is from the best sources at present available to the Owner. All such information is furnished only for information and convenience of bidders and is not guaranteed. It is agreed and understood that the Owner does not warrant or guarantee that the subsurface or other conditions, natural phenomena, existing pipes or other structures encountered during construction will be the same as those indicated on the Drawings or in the other Contract Documents. It is agreed further and understood that no Bidder or contractor shall use or be entitled to use any of the information made to it or obtained in any examination made by it in any manner as a basis of or ground for any claim against the Owner or the Architect, arising from or by reason of any variance which may exist between the information made available and the actual subsurface or other conditions, natural phenomena, existing pipes or other structures actually encountered during the construction work, except may otherwise be expressly provided for in the Contract Documents. QUESTIONS AND INTERPRETATIONS: . c7 1. Submit all questions to the Owner in writing. If clarification is necessary, written addendum will be issued to the plan holders of record. 2. The Owner will not be responsible for oral instructions. 3. Questions received less than seven (7) calendar days before bid opening cannot be answered. 4. If a bidder, subcontractor or material supplier has any doubts as to the intentions of the plans, and specifications, or if discrepancies in or omissions from them are found, the Owner shall be notified immediately. SUBSTITUTIONS: To obtain approval of unspecified products, bidders shall submit written requests at least five (5) working days before the bid date and hour. Requests received after this time will not be considered. Requests shall clearly describe the products for which approval is asked, including all data necessary to demonstrate acceptability. If the product is acceptable, the Owner will approve it in an addendum issued to all plan holders. 2. Substitutions after the bid date will be considered only if: Specific product or approved substitution is not available or delivery schedule would cause construction delay. b. Savings because of approved substitution as credited to the Owner, hiss sW2009bf0oc IB -3 i i 2.9 PREPARATION OF BIDS: 1. Bids shall be made on unaltered copies of the bid form furnished by the Owner. Fill in all blank spaces and submit one copy. Additions, deletions or modifications to the bid form are discouraged and may disqualify bidder. 2. Bidders shall acknowledge receipt of addenda in the space provided on the bid form. 3. Bids shall be signed, in the name of the firm, only by authorized persons, such as in the case of: Sole Proprietorships - By Owner Partnerships - One or more partners Corporations - Corporate officers of that corporation 4. Bids signed by others than the above shall have attached evidence of power -of- attorney. 5. The Contractor shall name persons, firms, or other parties to whom it proposes to award a subcontract under this contract as required on the BID FORM. 2.10 BID SECURITY: 1. Bids must be accompanied by a bid bond in the amount equal to five percent (5 %) of the maximum value of the bid, including any add alternatives. Bid security will serve as Liquidated Damages if a bidder who is offered a contract fails within ten days to C a. Furnish Performance Bond b. File Insurance Certificates C. Sign Contract i 2. Bid security of three lowest bidders will be retained until contracts are: executed? All others will be returned within five (5) days of Bid Opening . 3. If contracts are not executed within 30 days, bid security of all bidders will be returned, except those forfeited. 4. The Owner reserves the right to return the bid security of bidders who, when offered contract, decline when the Owner believes it to be an unrealistic penalty against a reputable contractor for an honest error. 2.11 SURETY BOND REQUIREMENT: 1. Performance bond and labor and materials payment bonds are required in the full amount of the contract, and shall be obtained and paid for by the Contractor. 2. Bonds shall be issued by a bonding company licensed to transact business in the locality of the project and delivered to the Owner on AIA Form A311 not later than the date of execution of contract. Three copies of the bond are required. hisassU2 b(doc IB -4 2.12 SUBCONTRACTORS: Successful bidder shall furnish to the Owner, for approval, a written list of proposed subcontractors and material suppliers within fifteen (15) days after receiving the bids and prior to the execution of the contract. 2.13 MODIFICATION AND WITHDRAWAL: Bids may not be modified after submittal. 2. Bids may be withdrawn at any time prior to bid openings, but may not be resubmitted. 3. No bid may be withdrawn for a period of thirty (30) days after the bid opening. 2.14 DISQUALIFICATION: 1. The Owner reserves the right to disqualify bids, before or after opening, upon evidence of collusion with intent to defraud or other illegal practices upon the part of the bidder. 2. No award will be made to any Bidder who cannot satisfy the Owner that the Bidder has sufficient ability and experience in this class of work and sufficient capital and plant to enable the Bidder to prosecute and complete the Work successfully within the time named. The Owners decision or judgment on these matters shall be final, conclusive, and binding. The Owner may make such investigations as it deems necessary, and the Bidder shall furnish to the Owner, under oath if so required, all such information and data for this purpose as the Owner may request. 3. The Owner may reject Bids which in its sole judgment are either incomplete, conditions, obscure or not responsive or which contain additions not called for, erasures not properly initialed, alterations, or similar irregularities, or the Owner may waive such omissions, conditions or irregularities to the extent permitted by law. 4. The Owner reserves the right to reject any or all Bids, should the Owner deem it to be in the public interest to do so. 2.15 GOVERNING LAWS AND REGULATIONS: 1. The bidder's attention is directed to the fact that all applicable federaf,'state` and municipal laws and ordinances and the rules and regulations of ai( authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract as though therein written out in full. 2.16 AWARD OF CONTRACT: 1. The contract will be awarded to the lowest responsible bidder, including full consideration of unit prices and accepted alternatives. his ssMOW.doc IB -5 2.17 EXECUTION OF CONTRACT: 1. The Owner reserves the right to accept any bid and to reject any and all bids, or to negotiate contract terms with the various bidders, when such is deemed by the Owner to be in his best interest, and to waive irregularities. 2. Each bidder shall be prepared, if so requested by the Owner, to present evidence of his experience, qualifications and financial responsibility to carry out the terms of the contract. 3. Not withstanding any delay in the preparation and execution of the formal contract agreement, each bidder shall be prepared, upon written notice of bid acceptance, to commence work within seven (7) days following receipt of official written order of the Owner to proceed, or on date stipulated in such order. Work shall be completed by the date indicated on the Bid Form. 2.18 FORM OF SPECIFICATIONS: See bid specifications. 2.19 COMPLETION DATE: This project shall have a May 10, 2000, completion date. Liquidation damages are $100 per day. hisassV2009b[tloc IB -6 E i_ Y t, hisassV2009b[tloc IB -6 BID FORM To the City of Iowa City, Iowa, herein called the Owner, the new construction of one (1) single family residence on Lot 81, South Point Addition, Part 5, Iowa City, Iowa. The Undersigned, as Bidder, declares as follows: 1. The only parties interested in this BID as Principals are named herein; 2. This BID is made without collusion with any other person, firm, or corporation; 3. No officer, agent, or employee of the Owner is directly or indirectly interested in,thls, BID. 4. Bidder has carefully examined the site of the proposed Work and is fully in ormed and satisfied as to the conditions there existing, the character and requirements of the proposed Work, the difficulties attendant upon its execution and the accuracy of all estimated quantities stated in this BID, and Bidder has carefully read and examined the Plans, the annexed proposed AGREEMENT, the Specifications, any addenda and other Contract Documents therein referred to and knows and understands the terms and provisions thereof; Bidder understands that information relative to subsurface and other conditions, natural phenomena, existing pipes and other structures (surface and /or subsurface) has been furnished only for Bidders information and convenience without any warranty or guarantee, expressed or implied, that the subsurface and /or other conditions, natural phenomena, existing pipes and other structures (surface and /or subsurface) actually encountered will be the same as those shown on the Drawings or in any of the other Contract Documents and Bidder agrees not to use or be entitled to use any such information made available to Bidder through the Contract Documents or otherwise or obtained through examination of the site, as a basis of or ground for any claim against the Owner arising from or by reason of any variance which may exist between the aforesaid information made available or acquired by Bidder and the subsurface and /or other conditions, natural phenomena, existing pipes and other structures (surface and /or subsurface) actually encountered during the construction work, and Bidder has made due allowance therefor in this BID; 6. And Bidder understands that the quantities of work tabulated in this BID or indicated on the Plans or in the Specifications or other Contract Documents are only approximate and are subject to increase or decrease as deemed necessary by the Owner. And Bidder agrees that if this BID is accepted, Bidder will contract with the Owner, as provided in the copy of the Contract Documents deposited in the office of the Owner, this BID form being part of said Contract Documents, and that Bidder will perform all the work and furnish all the materials and equipment, and provide all labor, services, plant, machinery, apparatus, appliances, tools, supplies and all other things required by the Contract Documents in the manner and within the time therein prescribed and according to the requirements of the Owner as therein set forth, and that Bidder will take in full payment therefor the lump sum or unit price applicable to each item of the work as stated in the schedule below. a it i (Note: - Bidders must bid on each item. All entries in the entire BID must be made clearly and in ink; prices bid must be written in both words and figures.) (Words), (Numbers) The Bidder hereby agrees that Bidder will not withdraw this BID within 30 consecutive calendar days after the actual date of the opening of Bids and that, if the Owner shall accept this Bid, the Bidder will duly execute and acknowledge the AGREEMENT and furnish, duly executed and acknowledged, the required CONTRACT BONDS within ten (10) days after notification that the AGREEMENT and other Contract Documents are ready for signature. Should the Bidder fail to fulfill any of the agreements a hereinabove set forth, the Owner shall have the right to retain as liquidated damages the amount of the bid check which shall become he Owner's property. If a bid bond was given, it is agreed that the amount thereof shall be paid as liquidated damages to the Owner by the Surety. This Bid includes Addenda number (To be filled in by the Bidder if Addenda are issued.) The Bidder, by submittal of this BID, agrees with the Owner that the amount of the bid security deposited with this BID fairly and reasonably represents the amount of damages the Owner will suffer due to the failure of the Bidder to fulfill the Bidder's agreements as above provided. (SEAL) M (Signature and Title of Authorized Date L.S. (Business Address) (City and State) The bidder is a corporation incorporated in the State (or Commonwealth) of - a partnership - an individual. (Bidder must add and delete as necessary to make this sentence read correctly.) (Note: If the Bidder is a corporation, affix corporate seal and give below the names of its president, treasurer, and general manager if any; if a partnership, give full names and residential addresses of all partners; and if an individual, give residential addresses if different from business address.) i_ The required names and addresses of all persons interested in the foregoing Bid, as Principles, are as follows: The Bidder is requested to state below completed work of a similar character to that included in the proposed Contract and to give references that will enable the Owner to judge experience, skill, and business standing. _l W (Add supplementary page if necessary) a s W (Add supplementary page if necessary) a The Bidder shall provide a complete list of persons, firms or other parties to whom it proposes to award a subcontract under this Contract in the space provided below: If awarded the Contract, Bidder shall not assign the Contract or subcontract the Work or any portion thereof to any persons, firms, or corporations not listed hereinabove without the previous written consent of the Owner. c -) M as Principal, and _ as Surety declare that we are held and firmly bound unto hereinafter called "OWNER," in the penal sum of Dollars ($ ) to pay said sum as herein provided. We as Principal and Surety further promise and declare that these obligations shall bind our heirs, executors, administrators, and successors jointly and severally. This obligation is conditioned on the Principal submission of the accompanying bid, dated for Project. C7 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'contradt in the form specified and shall furnish a bond for the Principal's faithful performance of said Project, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Project, as agreed to by the City's acceptance of said Bid, then this obligation shall be void. Otherwise this obligation shall remain in force and effect, provided that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the amount of the obligation stated herein. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in the event the Principal fails to execute the contract and provide the bond, as provided in the Project specifications or as required by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way 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 extension. The Principal and the Surety hereto execute this bid bond this day of , A.D., 2000. Witness Witness his ss(X2009\2009bf.doc ii Principal By Surety By — Attach Power -of- Attorney (Attorney -in -fact) Construction Contract THIS AGREEMENT made this day of , in the year by and between a corporation organized and existing under the laws of the State of hereinafter called the "Contractor," and hereinafter called the "ICHA." WITNESSETH, that the Contractor and the ICHA for the consideration stated herein mutually agree as follows: ARTICLE 1. STATEMENT OF WORK. The Contractor shall furnish all labor, material, equipment, and services, and perform and complete all work required for the construction of single family housing units. DESCRIPTION: including all site improvements indicated on the site(s), in strict accordance with the specifications and Addenda thereto numbered and dated and drawings referred to therein, all as prepared by owner, which said specification, addenda, and drawings are incorporated herein by reference and made a part hereof. ARTICLE 2. THE CONTRACT PRICE. The ICHA shall pay the Contractor for the performance of the Contract, in current funds, subject to additions and deductions as provided in the specifications, the sum of: ($ ). ARTICLE 3. CONTRACT DOCUMENTS The Contract shall consist of the following component parts: a. This instrument b. General Conditions hi,v ,,1,gwIfz mh1n Aoc �j -I c. Technical Specifications d. Drawings ARTICLE 4. TIME FOR COMMENCEMENT AND COMPLETION OF WORK The Contractor shall from the date of the "Notice to Proceed" begin actual performance hereunder and all work to be performed by the Contractor shall be completed by May 26, 2000. Not withstanding the aforesaid, the Contractor shall be excused from the performance time requirement if, during the progress of the work, delay is authorized in writing by the Owner for any or a combination of the following unforeseen or unavoidable causes: a. Unusual inclement weather. b. Any act or neglect of the Owner or the Inspection Representative or any employee of either. c. By any authorized and written changes in the work requirements. C d. By strike(s). 1 e. By fire, flood, or natural disaster. j f. Other, as approved in writing by the Owner. The time of completion as affected by an of the foregoing shall be extended for such reasonable time as is mutually agreed. The Owner shall be empowered to make final decisions on the justifiability of causes offered by the Contractor as a basis for extension(s) of time for performance. The Contractor shall schedule construction activities within the time frame described above. Liquidated damages will be assessed at $100 /day beginning the day following the expiration of the above mentioned completion date, to continue until completion subject to the provisions described above. ARTICLE 5. NOTICE TO PROCEED It is expressly understood that the Contractor shall not commence work prior to receipt of written Notice to Proceed, prepared and executed by the Owner. This instrument, together with the other documents enumerated in Article 3, which said other documents are as fully a part of the Contract as if hereto attached or herein repeated, for the component part first enumerated in this Article 3 shall govern, except as otherwise specifically stated. The various provisions in Addenda shall be construed in the order of preference of the component part of the Contract which each modifies. hisassVsinglfa mhsgdoc IN WITNESS HEREOF, the parties hereto have caused this instrument to be executed in five original counterparts as of this date. ATTEST: (Contractor) By Title Business Address: ATTEST: (ICHA) By Title Business Address: his ass Using Ifamhsq doe c.7 his ass Using Ifamhsq doe Performance And Payment Bond as (Here insert the name and address or legal title of the Contractor) Principal, hereinafter called the Contractor and (insert the legal title of the Surety) as Surety, hereinafter called the Surety, are held and firmly bound unto the City of Iowa City, Iowa, as obligee, hereinafter called the Owner, in the amount of Dollars ($ ) for the payment for which Contractor and Surety hereby bird }themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has, as of entered into a (date) written Agreement with Owner for the construction of a single - family home under the "Affordable Dream Home Opportunities Program; and WHEREAS, the Agreement requires execution of this Performance and Payment Bond, to be completed by Contractor, in accordance with plans and specifications prepared by which Agreement is by reference made a part hereof, and the agreed- upon work is hereafter referred to as the Project. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Agreement, then the obligation of this bond shall be null and void; otherwise it shall remain in full force and effect until satisfactory completion of the Project. A. The Surety hereby waives notice of any alteration or extension of time made by the Owner. B. Whenever Contractor shall be, and is declared by Owner to be, in default under the Agreement, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Project in accordance with the terms and conditions of the Agreement, or 2. Obtain a bid or bids for submission to Owner for completing the Project in accordance with the terms and conditions of the Agreement; and upon determina- tion by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available, as work progresses (even though there may be a default or a succession of defaults under the Agreement or subsequent contracts of completion arranged under this paragraph), sufficient funds to pay the cost of completion, less the balance of the Contract Price, but not hisassVSnollampob tl exceeding the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Agreement, together with any addenda and/or amendments thereto, less the amount properly paid by Owner to Contractor. C. The Contractor and Contractor's Surety shall be obligated to keep the improvements covered by this bond in good repair for a period of one (1) year from the date of formal acceptance of the improvements by the Owner. D. No right of action shall accrue to or for the use of any person, corporation or third party other than the Owner named herein or the heirs, executors, administrators or successors of Owner. IT IS A FURTHER CONDITION OF THIS OBLIGATION that the Principal and Surety, in accordance with provisions of Chapter 573, Code of Iowa, shall pay to all persons, firms or corporations having contracts directly with the Principal, including any of Principal's subcontrac- tors, all claims due them for labor performed or materials furnished in the performance of the Agreement for whose benefit this bond is given. The provisions of Chapter 573, Code of Iowa, are a part of this bond to the same extent as if it were expressly set out herein. SIGNED AND SEALED THIS IN THE PRESENCE OF: Witness Witness hl sassYsmgllampph,do DAY OF (Principal) (Title) (Surety) (Title) (Address) 2000. 1 PART II — CONDITIONS OF CONTRACT IMPORTANT!! Included in this Project Manual are: (1) U.S. Department of Housing and Urban Development — General Conditions of the Contract for Construction (2) City of Iowa City — General Conditions and Instructions to Bidders (3) City of Iowa City — Contract Compliance Program In case of conflict, the HUD Document shall govern unless the Iowa City Document is more stringent, in which case the Iowa City Document shall govern. i, ii ( /I U.S. Department of Housing and Urban Development Office of Public and Indian Housing OMB No. 2577 0094 (exp. 7/31,93) Public reporting burden for this collection of information is estimated to average 0.25 hours per response. including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any otter aspect of this collection of information, including suggestions for reducing this burden, to the Reports Management Officer, Office of Information Policies and Systems, U.S. Department of Housing and Urban Development Washington, D.C. 20410 -3600 and to the Office of Management and Budget, Paperwork Reduction Project (2577-0094), Washington, D.C. 20503. Do notsend this completed form to either of these addressees. General Conditions of the Contract for Construction Public and Indian Housing Programs Previous Edition Is Obsolete form HUD -5370 (1192) Table of Contents Clause Page Conduct of Work Administrative Requirements I Definitons 1 25. Contract Period 8 _ Contractor's Responsibility for Work 2 26. Order of Precedence 8 3 Architect's Duties, Responsibilities, and Authority 2 27. Payments 8 4 Other Contracts 2 28. Contract Modifications 9 Construction Requirements 29. Changes 9 5. Preconstrucfion Conference and Notice to Proceed 2 30. Suspension of Work 9 6. Construction Progress Schedule 3 31. Disputes 10 7. Site Investigation and Conditions Affecting the Work 3 32. Default 10 8. Differing Site Conditions 3 33. Liquidated Damages 10 9. Specifications and Drawings for Construction 3 34. Termination for Convenience 10 10, As -Built Drawings 4 35. Assignment of Contract 11 it Material and Workmanship 4 36. Insurance 11 12. Permits and Codes 5 37. Subcontracts 11 13. Health, Safety, and Accident Prevention 5 38. Subcontracting with Small and Minority Firms, Women's 14. Temporary Healing 5 Business Enterprise, and labor Surplus Area Firms 11 15. Availability and Use of Utility Services 5 39. Equal Employment Opportunity 12 16. Protection of Exisdng Vegetation, Structures, Equipment, 40. Equal Opportunity for Businesses and Lower- Income Persons 12 Utilities, and Improvements 5 41. Indian Preference 12 17. Temporary Buildings and Transportation or Materials 6 42. Interest of Members of Congress 12 18. Clean Air and Water 6 43. Interest of Members, Officers, or Employees end Former 19. Energy Efficiency 6 Members, Officers, or Employees 12 20. Inspection and Acceptance or Construction 6 44. Limitations on Payments made to Influence Certain Federal . Financial Transactions 13 21. Use and Possession Prior to Completion 7 45. Royalties and Patents 13 22. Warranty of Tide 7 46. Examination and Retention of Contractors Records 13 23. Warranty of Construction 7 24. Prohibition Against Liens 8 47. Labor Standards - Davis -Bacon and Related Acts 13 48. Labor Standards - Non - Routine Maintenance 16 49. Non - Federal Prevailing Wage Rates 17 General Conditions of the Contract for Construction - Public and Indian Housing Programs Conduct of Work 1. Definitions (a) "Architect" means the person or other entity engaged by the PHA/IHA to perform architectural, engineering, design, and other services related to the work as provided for in the contract. When a PHA/IHA uses an engineer to act in this capacity, the terms "architect" and "engineer" shall be synonymous. The Architect shall serve as a technical representative of the Contracting Officer. The Architect's authority is as set forth elsewhere in this contract. (b) "Contract" means the contract entered into between the PHA/ IHA and the Contractor. it includes the forms of Bid, the Bid Bond, the Performance and Payment Bond or Sonds or other assurance of completion, the Certifications, Representations, and Other State- ments of Bidders (form HUD- 5369 -A), these General Conditions of the Contract for Construction (form HUD - 5370), the applicable wage rate determinations from eilherthe U.S. Department of Labor or HUD, any special conditions included elsewhere in the contract, the speci- fications, and drawings. It includes all formal changes to any oft ose documents by addendum, change order, or other modificatlon. (c) "Contracting Officer" means thepdrson delegated the author- ity by the PHA/IHA to enter into, administer, and/or terminate this contract and designated as such in writing to the Contractor. The term includes any successor Contracting Officer and any duty authorized representative of the Contracting Officer also designated in writing. The Contracting Officer shall be deemed the authorized agent of the PHA/IHA in all dealings with the Contractor. (d) "Contractor" means the person or other entity entering into the contract with the PHA/IHA to perform all of the work required under the contract. (e) " Drawings" means the drawings enumerated in the schedule of drawings contained in the Specifications and as described In the contract clause entitled Specifications and Drawings for Con - structlon herein. (f) "HUD" means the United States of America acting through the Department of Housing and Urban Development includingthe Secre tary, or any other person designated to act on its behalf. HUD ha: Page 1 of 18 forth HUD -537( agreed, subject to the provisions of an Annual Contributions Contract (ACC), to provide financial assistance to the PHA/IHA, which includes assistance in financing the work to be performed under this contract. As defined elsewhere in these General Conditions or the contract documents, the determination of HUD may be required to authorize changes in the work or for release of funds to the PHAAHA for payment :o the Contractor. Notwithstanding HUD's role, nothing in this contract shall be construed to create any contractual relationship between the Contractor and HUD. ' tg) "Project" means the entire project, whether construction or rehabilitation, the work for which is provided for in whole or in part under this contract. (h) " PHA /IHA " means the Public Housing Agency of Indian Housing Authority organized under applicable state or tribal law which is aparty to this contract. li) "Speclflcatlons" means the written description of the technical requirements for construction and includes the criteria and tests for determining whether the requirements are mot. (1) "Work" means materials, workmanship, and manufacture and fabrication of components. 2. Contractor's Responsibility for Work (a) The Contractor shall furnish all necessary labor, materials, tools, equipment, and transportation necessary for performance of the work. The Contractor shall also furnish all necessary water, heat, light, and power not made available to the Contractor by the PHAiIHA pursuant to the clause entitled Availability and Use of Utility Services herein. (b) The Contractor shall perform on the site, and with its own organization, work equivalent to at least [ ] (12 percent unless otherwise indicated) of the total amount of wo rkto be performed under the order. This percentage may be reduced by a supplemental agreement to this order if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the PHA/IHA. (c) At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the work site a competent superinten- dent who is satisfactory to the Contracting Officer and has authority to act for the Contractor. (d) The Contractor shall be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negli- gence, and shall take proper safety and health precautions to protect the work, the workers, the public, and the property of others. The Contractor shall hold and save the PHA/IHA, its officers and agents, free and harmless from liability of any nature occasioned by the Contractor's performance. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract. (e) The Contractor shall layout the work from base lines and bench marks indicated on the drawings and be responsible for all lines, levels, and measurements of all work executed under the contract. The Contractor shall verify the figures before laying out the work and will be held responsible for any error resulting from its failure to do so. (f) The Contractor shall confine all operations (including storage of materials) on PHA/IHA premises to areas authorized or approved by the Contracting Officer. PHA;IHA and all rubbish caused by its work; (2) leave the work area in a clean, neat, and orderly condition satisfactory to the Contracting Officer; (3) perform all specified tests; and, (4) deliver the installation in complete and operating condition. (h) The Contractor's responsibility will terminate when all work has been completed, the final inspection made, and the work accepted by the Contracting Officer. The Contractor will then be released from further obligation except as required by the warranties specified elsewhere in the contract. 3. Architect's Duties, Responsibilities, and Authority (a) The Architect for this contract, and any successor, shall be designated in writing by the Contracting Officer. (b) The Architect shall serve as the Contracting Officer's technical representative with respect to architectural, engineering, and design matters related to the work performed under the contract. The Architect may provide direction on contract performance. Such direction shall be within the scope of the contract and may not be of a nature which: (1) institutes additional work outside the scope of the contract; (2) constitutes a change as defined in the Changes clause herein; (3) causes an increase ordecrease in the cost of the contract; (4) alters the Construction Progress Schedule; or (5) changes any of the other express terms or conditions of the contract. (c) The Architect's duties and responsibilities may include but shall not be limited to: (1) Making periodic visits to the work site, and on the basis of his /her on -site inspections, issuing written reports to the PHA/IHA which shall include all observed deficiencies. The Architect shall file a copy of the report with the Contractor's designated representative at the site; (2) Making modifications in drawings and technical specifica- tions and assisting the Contracting Officer in the preparation of change orders and other contract modifications for Issuance by the Contracting Officer; (3) Reviewing and making recommendations with respect to - (i) the Contractor's construction progress schedules; (ii) the Contractor's shop and detailed drawings; (iii) the machinery, me- chanical and other equipment and materials or other articles pro- posed for use by the Contractor; and,. ?(iv) the Contractor's price breakdown and progress payment estimates.; and, _t (4) Assisting in Inspections, signing Certificates of Comple- tion, and making recommendations with respect tq acceptance of work completed under the contract. t I 4. Other Contracts The PHAAHA may undertake or award 6thef8ontriets for additional work at or nearthe site of the work undertFtiscontra6CThe Contractor shall fully cooperate with the other contractors and with PHA/IHA employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heed - inganydirectionthatmaybeprovidedbytheContractingOfficar. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by PHAAHA employees. Construction Requirements 5. Preconstruction Conference and Notice to Proceed (a) Within ten calendar days of contract execution, and prior to the (g) The Contractor shall at all times keep the work area, including commencement of work, the Contractor shall attend a precon- storage areas, free from accumulations of waste materials. After struction conference with representatives of the PHA/IHA, its Archi- completing the work and before final Inspection, the Contractor shall tect, and other interested parties convened by the PHA/IHA. The (1) remove from the premises all scaffolding, equipment, tools, and conference will serve to acquaint the participants with the general plan materials (including rejected materials) that are not the properly ofthe of the construction operation and all other requirements of the ;ontract. The PHAAHA will provide the Contractor with the date, time, Page 2 of 18 loan HUD -M70 and place of the conference. ,b) The contractor shall begin work upon receipt of a written Notice ;o Proceed from the Contracting Officer or designee. The Contractor aball not begin work prior to receiving such notice. Construction Progress Schedule a) The Contractor shall, within five days after the work commences cn the contract or another period of time determined by the Contract - ng Officer, prepare and submit to the Contracting Officer for approval Three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring labor, materials, and equip- ment). The schedule shallbe inthe formof a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor falls to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments or take other remedies under the contract until the Contractor submits the required schedule. (b) The Contractor shall enter the actual progress on the chart as required by the Contracting Officer, and immediately deliver three copies of the annotated schedule to the Contracting Officer. If the Contracting Officer determines, upon the basis of inspection con- ducted pursuant to the clause entitled Inspection and Acceptance of Construction, herein that the Contractor is not meeting the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the PHA/IHA. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/ or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contract- ing Olficer deems necessary to demonstrate how the approved rate of progress will be regained. (c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determi- nation by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the Contract. Upon making this determination, the Contracting Officer may terminate the Contractor's right to proceed with the work, or any separable part of it, in accordance with the Default clause of this contract. 7. Site Investigation and Conditions Affecting the Work (a) The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not !imited to, (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of labor, water, electric power, and roads; (3) uncertainties of weather, river stages, tides, or similar physical conditions at the site; (4) the conformation and conditions of the ground; and (5) the character of equipment and facilities needed preliminary to and during work performance. The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered Insofar as this Information is reason- ably ascertainable from an inspection of the site, Including all explor- atory work done by the PHA/IHA, as well as from the drawings and specifications made a part of this contract. Any failure of the Contractor to take the actions described and acknowledged In this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the PHA/IHA. (b) The PHA/IHA assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the PHA/IHA. Nor does the PHA/IHA assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that under. standing or representation is expressly stated in this contract. 8. Differing Site Conditions (a) The Contractor shall promptly, and before the conditions are disturbed, give a written notice to the Contracting Officer of (t) subsurface or talent physical conditions at the site which differ materially from those indicated in this contract, or (2) unknown physical conditions at the site(s), of an unusual nature, which differ materially from those ordinarily encountered and generally recog- nized as inhering in work of the character provided for in the contract. (b) The Contracting Officer shall investigate the site conditions promptly after receiving the notice. Work shall not proceed at the affected site, except at the Contractor's risk., until the Contracting Officer has provided written instructions to the Contractor. It the conditions do materially so differ and cause an increase or decrease in the Contractor's costof, orthe time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, the Contractor shall file a claim in writing to the PHA/ IHA within ten days after receipt of such instructions and, in any event, before proceeding with the work. An equitable adjustment in the contractprice, the delivery schedule, or both shall be made underthis clause and the contract modified in writing according!y. (c) No request by the Contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the Contractor has given the written notice required; provided, that the time prescribed in (a) above for giving written notice may be extended by the Contracting Officer. (d) No request by the Contractor fo(ah equitable adjustment to the contract for differing site conditions shall be allowed f made after final payment under this contract. i Ni 9. Specifications and Drawings for Construction (a) The Contractor shall keep on the work site a copy ofthiadrawings and specifications and shall at all times-give the Contract Tag Officer access thereto. Anything mentioned in-the spebificatlons and not shown on the drawings, or shown on the drawings and not mentioned In the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specificatlons, the specifications shall govern. In case of discrepancy in the figures, in the drawings, or in the specifications, the matter shall be promptly submitted to the Contracting Officer, who shall promptly make a determination in writing. Any adjustment by the Contractor without such a determination shall be at Its own risk and expense. The Contracting Officer shall furnish from time to time such detailed drawings and other information as considered necassary, unless otherwise provided. (b) Wherever In the specifications or upon the drawings the words " directed ", " required ", " ordered ", "designated ", "prescribed ", orwcrds of like import are used, it shall be understood that the "direction ", "requirement ", "order ", "designation ", or "prescription ", of the Con- tracting Officer is Intended and similarly the words "approved ", "acceptable ", "satisfactory", or words of like import shall mean "approved by ", of "acceptable to ", or "satisfactory to" the Contracting Officer, unless otherwise expressly stated. (c) Where "as shown ", "as indicated ". "as detailed ", or words of similar Import are used, f shall be understood that the reference is made to the drawings accompanying this contract unless stated otherwise. The word "provided" as used herein shall be understood to mean "provide complete In place ", that Is "furnished and Installed ". Page 3 of 18 t0" id) 'Shop drawings' means drawings, submitted to the PHA/IHA by the Contractor, subcontractor, or any lower tier subcontractor, show - .ng in detail (1) the proposed fabrication and assembly of structural. alemenls and(2) the installation (i.e., form, fit, and attachment details) of materials of equipment. It includes drawings, diagrams, layouts, schematics, descriptive literature. illustrations, schedules, perform- ance and test data, and similar materials furnished by the Contractor ;o explain in detail specific portions of the work required by the ,;ontract. The PHA/IHA may duplicate, use, and disclose in any manner and for any purpose shop drawings delivered under this contract. ,e) If this contract requires shop drawings, the Contractor shall coordinate all such drawings, and review them for accuracy, com- pleteness, and compliance with order requirements and shall indicate its approval thereon as evidence of such coordination and review. Shop drawings submitted to the Contracting Officer without evidence of the Contractor's approval may be returned for resubmission. The Contracting Off ice r will indicate an approval or disapproval of the shop drawings and if not approved as submitted shall indicate the PHA/ IHA's reasons therefor. Any work done before such approval shall be at the Contractor's risk. Approval by the Contracting Officer shall not relieve the Contractor from responsibility for any errors or omissions in such drawings, nor from responsibility for complying with the requirements of this contract, except with respect to variations described and approved in accordance with (f) below. (f) Itshopdrawings show variations from the contract requirements, the Contractor shall describe such variations in writing, separate from the drawings, at the time of submission. If the Architect approves any such variation and the Contracting Officer concurs, the Contracting Officer shall issue an appropriate modification to the contract, except that, if the variation is minor or does not involve a change in price or in time of performance, a modification need not be issued. (g) It shall be the responsibility of the Contractor to make timely requests of the PHA/IHA for such large scale and full size drawings, color schemes, and other additional information, not already in his possession, which shall be required in the planning and production of the work. Such requests may be submitted as the need arises, but each such request shall be filed in ample time to permit appropriate action to be taken by all parties involved so as to avoid delay. (h) The Contractor shall submit to the Contracting Officer for ap- proval four copies (unless otherwise indicated) of all shop drawings as called for under the various headings of these specifications. Three sets (unless otherwise indicated) of all shop drawings, will be retained by the PHA/IHA and one set will be returned to the Contractor. As required by the Contracting Officer, the Contractor, upon completing the work under this contract, shall furnish a complete set of all shop drawings as finally approved. These drawings shall show all changes and revisions made up to the time the work is completed and accepted. ;) T his clause shall be included in all subcontracts at any tier. llshall be the responsibility of the Contractor to ensure that all shop drawings prepared by subcontractors are submitted to the Contracting Officer. 10. As -Built Drawings (a) "As -built drawings," as used in this clause, means drawings submitted by the Contractor or subcontractor at any tier to show the construction of a particular structure or work as actually completed under the contract. "As -built drawings" shall be synonymous with 'Record drawings.' (b) As required by the Contracting Officer, the Contractor shall provide the Contracting Officer accurate information lobe used In the preparation of permanent as -built drawings. For this purpose, the Contractor shall record on one set of contract drawings all changes from the installations originally indicated, and record final locations of underground lines by depth from finish grade and by accurate horizontal offset distances to permanent surface improvements such as buildings, curbs, or edges of walks. (c) This clause shall be included in all subcontracts at any tier.ltshall be the responsibility of the Contractor to ensure that all as -built drawings prepared by subcontractors are submitted to the Contract- ing Officer. 11. Material and Workmanship (a) All equipment, material, and articles furnished under this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. References in the contract to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may, at its option, use any equipment, material, article, or process that, in the judgment of, and as approved bythe Contracting Officer, is equal to that named in the specifications, unless otherwise specifically provided in this contract. (b) Approval of equipment and materials. (1) The Contractor shall obtain the Contracting Officer's ap- proval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the Contractor shall furnish to the Contracting Officer the name of the manufacturer, the model number, and other information concerning the perfor- mance, capacity, nature, and rating of the machinery and mechanical and other equipment. When required by this contract or by the Contracting Officer, the Contractor shall also obtain the Contracting Officer's approval of the material or articles which the Contractor contemplates incorporating into the worm. When requesting approval, the Contractor shall provide full information concerning the material or articles. Machinery, equipment, material; and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection. (2) When required by the specifications or the.C;ohtracting Officer, the Contractor shall submit appropriately? marked` Samples (and certificates related to them) for approval at the Contractor's expense, with all shipping charges pr ®paid. The' Contractor shall label, or otherwise properly mark on the container, the material or product represented, its place of origin, the name of the producer, the Contractor's name, and the identification of the construction project for which the material or product is intended to be used. (3) Certificates shall be submitted in triplicate, describing each sample submitted for approval and certifying that the material, equipment or accessory complies with contract requirements. The certificates shall Include the name and brand of the product, name of manufacturer, and the location where produced. (4) Approval of a sample shall not constitute a waiver of the PHA/IHA right to demand full compliance with contract requirements. Materials, equipment and accessories may be rejected for cause even though samples have been approved. (5) Wherever materials are required to comply with recog- nized standards or specifications, such specifications shall be ac- cepted as establishing the technical qualities and testing methods, but shall not govern the number of tests required to be made nor modify other contract requirements. The Contracting Officer may require laboratory test reports on items submitted for approval or may approve materials on the basis of data submitted in certificates with samples. Checktests will be made on materials deliveredfor use only as frequently as the Contracting Officer determines necessary to insure compliance of materials with the specifications. The Contrac- tor will assume all costs of re- testing materials which fail to meet contract requirements and /or testing materials offered in substitution for those found deficient. (6) After approval, samples will be kept in the Project office Page 4 of 18 torn until completion of work. They may be built into the work after a substantial quantity of the materials they represent has been built in and accepted. tc) Prohibition against use of lead -based paint. The Contractor shall comply with the prohibition against the use of lead -based paint contained wn the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821 -4846) as implemented by 24 CFR Part 35. 12. Permits and Codes ta) The Contractor shall give all notices and comply with ail appli- cable laws, ordinances, codes, rules and regulations. NotwRhstand- ing the requirement of the Contractor to comply with the drawings and specifications in the contract, all work installed shall comply with all applicable codes and regulations as amended by anywaivers. Before installing the work, the Contractor shall examine the drawings and the specifications for compliance with applicable codes and regulations bearing on the work and shall immediately report any discrepancy lt may discover to the Contracting Officer. Where the requirements of the drawings and specifications fail to comply with the applicablecode or regulation, the Contracting Officer shall modify the contract by change order pursuant to the clause entitled Changes herein to conform to the code or regulation. (b) The Contractor shall secure and pay for all permits, fees, and licenses necessary for the proper execution and completion of the work. Where the PHA/IHA can arrange for the issuance of all or part of these permits, fees and licenses, without cost to the Contractor, the contract amount shall be reduced accordingly. 13. Health, Safety, and Accident Prevention (a) In performing this contract, the Contractor shall: (1) Ensure that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsani- tary, hazardous, or dangerous to his /her health and /or safety as determined under construction safety and health standards promul- gated by the Secretary of Labor by regulation; (2) Protect the lives, health, and safety of other persons; (3) Prevent damage to property, materials, supplies, and equipment; and, (4) Avoid work interruptions. (b) For these purposes, the Contractor shall: (1) Comply with regulations and standards issued by the Secretary of Labor at 29 CFR Part 1926. Failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91 -54, 83 Stat. 96), 40 U.S.C. 327 at seq.; and, (2) Include the terms of this clause in every subcontract so that such terms will be binding on each subcontractor. rc) The Contractor shall maintain an accurate record of exposure data on all accidents incident to work performed under this contract resulting in death, traumatic injury, occupational disease, ordamage to property, materials, supplies, or equipment, and shall report this data in the manner prescribed by 24 CFR Part 1904. d) The Contracting Officer shall notify the Contractor of any non- compliance with these requirements and of the corrective action required. This notice, when delivered to the Contractor or the Contractor's representative at the site of the work, shall be deemed sufficient notice of the noncompliance and corrective action required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor falls or refuses to take corrective action promptly, the Contracting Officer may Issue an order slopping ail or part of the work until satisfactory corrective action has been taken. The Contractor shall not base any claim or request for equitable adjustment for additional time or money on any stop order issued under these circumstances. (e) The Contractor shall be responsible for its subcontractors' compliance with the provisions of this clause. The Contractor shall take such action with respect to any subcontract as the PHA/IHA, the Secretary of Housing and Urban Development, or the Secretary of Labor shall direct as a means of enforcing such provisions. 14. Temporary Heating The Contractor shallprovide andpayfor temporary heating, covering, and enclosures necessary to properly protect all work and materials against damage by dampness and cold, to dry out the work, and to facilitate the completion of the work. Any permanent heating equip- ment used shall be turned over to the PHA/IHA in the condition and at the time required by the specifications. 15. Availability and Use of Utility Services (a) The PHA/IHA shall make all reasonably required amounts of utilities available to the Contractor from existing outlets and supplies, as specified in the contract. Unless otherwise provided in the con tract, the amount of each utility service consumed shall be charged to or paid for by the Contractor at prevailing rates charged to the PHA/IHA or, where the utility is produced by the PHA/IHA, at reasonable rates determined bythe Contracting Officer. The Contractor shall carefully conserve any utilities furnished without charge. (b) The Contractor, at its expense and in a manner satisfactory to the Contracting Officer, shall install and maintain all necessary temporary connections and distribution lines, and all meters required to measure the amount of each utility used for -_the purpose of determining charges. Before final acceptance of the work by he PHA/IHA, the Contractor shall remove all the temporary: connections, distribution lines; meters, and associated paraphernalia. r 16. Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements i (a) The Contractor shall preserve and protect all structure's, equip- ment, and vegetation (such as trees, - shrubs, rand grass) on or adjacent to the work site, which are not-to be removed under this contract, and which do not unreasonably interfere with the work required under this contract. (b) The Contractor shall only remove trees when specifically author- ized to do so, and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during perform- ance of this contract, or by the careless operation of equipment, or by workmen, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree - pruning compound as directed by the Contracting Officer. (c) The Contractor shall protect from damage all existing improve- ments and utilities (1) at or near the work site and (2) on adjacent oroperty of a third party, the locations of which are made known to or should be known by the Contractor. Prior to disturbing the ground at the construction site, the Contractor shall ensure that all undergrounc utility lines are clearly marked. (d) The Contractor shall shore up, brace, underpin, secure, anc protect as necessary all foundations and other parts of exlstin5 structures adjacent lo, adjoining, and in the vicinity of the site, whicr may be affected by the excavations or other operations connectec with the construction of the project. (e) Any equipment temporarily removed as aresuItof work under thiE contract shall be protected, cleaned, and replaced in the samf Page 5 of 18 to" condition as at the time of award of this contract. ;f) New work which connects to existing work shall correspond in all respects with that to which it connects and /or be similar to existing Noi k unless otherwise required by the specifications. ,g) No structural members shall be altered or in anyway weakened Hithout the written authorization of the Contracting Officer, unless such work is clearly specified in the plans or specifications. .,h) It the removal of the existing work exposes discolored or unlm- sned surfaces, or work out of alignment, such surfaces shall be refinished, or the material replaced as necessary to make the continuous work uniform and harmonious. This, however, shall not be construed to require the refinishing or reconstruction of dissimilar finishes previously exposed, or finished surfaces in good condition, but in different planes or on different levels when brought together by the removal of intervening work, unless such refinishing or recon- struction is specified in the plans or specifications. (i) The Contractor shall give all required notices to any adjoining or adjacent property owner or other party before the commencement of any work. (j) The Contractor shall indemnify and save harmless the PHA/IHA from any damages on account of settlement or the loss of lateral support of adjoining property, any damages from changes in topog- raphy affecting drainage, and from all loss or expense and all damages forwhich the PHA/IHA may become liable in consequence of such injury or damage to adjoining and adjacent structures and their premises. (k) The Contractor shall repair any damage to vegetation, struc- tures, equipment, utilities, or improvements, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract orfailure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor. 17. Temporary Buildings and Transportation of Materials (a) Temporary buildings (e.g., storage sheds, shops, offices, sank tary facilities) and utilities may be erected by the Contractor onlywith the approval of the Contracting Off icer and sh all be bulk with labor and materials furnished by the Contractor without expense to the PHA/ IHA. The temporary buildings and utilities shall remain the property of the Contractor and shall be removed bythe Contractor at its expense upon completion of the work. With the written consent of the Contracting Officer, the buildings and utilities maybe abandoned and need not be removed, (b) The Contractor shall, as directed by the Contracting Officer, use only established roadways, or use temporary roadways constructed by the Contractorwhen and as authorized bythe Contracting Officer. When materials are transported In prosecuting the work, vehicles shall not be loaded beyond the loading capacity recommended bythe manufacturer of the vehicle or prescribed by any federal, state, or local law or regulation. When it is necessary to cross curbs or sidewalks, the Contractor shall protect them from damage. The Contractor shall repair or pay for the repair of any damaged curbs, sidewalks, or roads. 18. Clean Air and Water (Applicable to Contracts in Excess of $100,000) (a) Definition. "Facility" means any building, plant, installation, structure, mine, vessel or other floating craft, location, or site of operations, owned, leased, or supervised by the Contractor or any subcontractor, used in the performance of the contract or any subcontract. When alocatlonorstteof operations Includes more than one building, plant, Installation, or structure, the entire location orsde shall be deemed a facility except when the Administrator, or a designee. of the Environmental Protection Agency (EPA) determines that independent facilities are collocated in one geographical area. (b) In compliance with regulations issued by the United States Environmental Protection Agency (EPA), 40 CFR Part 15, pursuant to the Clean Air Act, as amended ( "Air Act "), 42 U.S.C. 7401, at seq., the Federal Water Pollution Control Act, as amended ( "Water Act "), 33 U.S.C. 1251, at seq., and Executive Order 11738, the Contractor agrees to — (1) Not utilize any facility in the performance of this contract or any subcontract which is listed on the EPA List of Violating Facilities pursuant to Part 15 of the regulations for the duration of time that the facility remains on the list; (2) Promptly notify the Contracting Officer if a facility the Contractor intends to use in the performance of this contract is on the EPA List of Violating Facilities orlhe Contractorknows that it has been recommended to be olaced on the List; (3) Comply with all requirements of the Air Act and the Water Act, including the requirements of Section 114 of the Air Act and Section 308 of the Water Act, and all applicable clean air and clean water standards; and, (4) Include orcausetobe includedthe provisions of this clause in every subcontract, and take such action as HUD may direct as a means of enforcing such provisions. 19. Energy Efficiency The Contractor shalicomplywith all standards and policies relating to energy efficiencywhich are contained in the energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.L. 94 -163) for the State in which the work under the contract is performed. 20. Inspection and Acceptance pf)Cohstruction (a) Definitions. As used in this clause - ' ) (1) "Acceptance" means the act of an authorized represen- tative of the PHA/IHA by which the PHA/IHA approves: and assumes ownership of the work performed under this contract. Acceptance may partial or complete. (2) "Inspection" means examining and testing the work performed under the contract (including, when appropriate, raw materials, equipment, components, and intermediate assemblies) to determine whether d conforms to contract requirements. (3) "Testing" means that element of Inspection that deter- mines the properties or elements, Including functional operation of materials, equipment, or their components, by the application of established scientific principles and procedures. (b) The Contractor shall maintain an adequate Inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. All work is subject to PHA/IHA inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract. (c) PHA /IHA inspections and tests are forthe sole benefit of the PHA/ IHA and do not: (1) relieve the Contractor of responsibility for providing adequate quality control measures; (2) relieve the Contrac- tor of responsibility for loss or damage of the material before acceptance; (3) constitute or imply acceptance; or, (4) affect the continuing rights of the PHA/IHA after acceptance of the completed work under paragraph Q) below. (d) The presence or absence of the PHA/IHA Inspector does not relieve the Contractor from any contract requirement, nor Is the Inspector authorized to change any term or condition of the specifica- tions without the Contracting Officer's written authorization. All Page 6 of 18 instructions and approvals with respect to the work shall be given to the Contractor by the Contracting Officer. ;e) - rhoContractorshallpromptlyfurnish ,withoutaddtionalcharge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The PHA/IHA maycharge to the Contrac- tor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The PHA/IHA shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract. (f) The PHA/IHA may conduct routine inspections of the construc- tion site on a daily basis. (g) The Contractor shall, without charge, replace or correct work foundbythe PHA/IHA not to conform to contract requirements, unless the PHA/IHAdecides that it is in its interest to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises. (h) If the Contractor does not promptly replace or correct rejected work, the PHA/IHA may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor, or (2) terminate for default the Contractor's right to proceed. (i) If any work requiring inspection is covered up without approval of the PHAAHA, it must, it requested by the Contracting Officer, be uncovered at the expense of the Contractor. If at anytime before final acceptance of the entire work, the PHAAHA considers it necessary or advisable, to examine work already completed by removing or tearing it out, the Contractor, shall on request, promptly furnish all necessary facilities, labor, and material. If such work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or is subcontractors, the Contractor shall defray all the expenses of the examination and of satisfactory reconstruction. If, however, such work is f ound to meet the requirements of the contract, the Contracting Officer shall make an equitable adjustment to cover the cost of the examination and reconstruction, Including, t comple- tion of the work was thereby delayed, an extension of time. (j) The Contractor shall notify the Contracting Officer, in writing, as to the date when in its opinion all or a designated portion of the work will be substantially completed and ready for Inspection. If the Architect determines that the state of preparedness is as repre- sented, the PHA/IHA will promptly arrange for the inspection. Unless otherwise specified in the contract, the PHAAHA shall accept, as soon as practicable after completion and Inspection, all work required by the contract or that portion of the work the Contracting Officer determines and designates can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the PHA's/IHA's right under any warranty or guarantee. 21. Use and Possession Prior to Completion (a) The PHA/IHA shall have the rightto take possession of or use any completed or partially completed part of the work. Before taking possession of or using any work, the Contracting Officer shall furnish the Contractor a list of items of work remaining to be performed or corrected on those portions of the work that the PHA/IHA intends to take possession of or use. However, failure of the Contracting Officer to list any item of work shall not relieve the Contractor of responsibility for complying with the terms of the contract. The PHAAHA's possession or use shall not be deemed an acceptance of any work under the contract. (b) While the PHAAHA has such possession or use, the Contractor shall be relieved of the responsibility for (1) the loss of or damage to the work resulting from the PHA/IHA's possession or use, notwith- standing the terms of the clause entitled Permits and Codes herein: (2) all maintenance costs on the areas occupied; and, (3) furnishing heat, light, power, and water used in the areas occupied without proper remuneration therefor. if prior possession or use by the PHA/ IHA delays the progress of the work or causes additional expense to the Contractor, an equitable adjustment shall be made in the contract price or the time of completion, and the contract shall be modified in writing accordingly. 22. Warranty of Title The Contractor warrants good title to all materials, supplies, and equipment incorporated in the work and agrees to deliver the pre- mises together with all improvements thereon free from any claims, liens or charges, and agrees further that neither it nor any other person, firm or corporation shall have any right to a lien upon the premises or anything appurtenant thereto. 23. Warranty of Construction (a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (j) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or workmanship performed by the Contractor or any subcontractor or supplier at any tier. This warranty shall continue for a period of (one year unless otherwise indicated) from the date of final acceptance of the work. If the PHA/IHA takes possession of any part of the work before final acceptance, this warranty shall continue for a period of —(one year unless otherwise indicated) from the date the Ithe PHA/IHA takes possession. (b) The Contractor shall remedy, at the Contractor's expense, any failure to conform, or any defect. In addition, the Conti ctor shall remedy, at the Contractor's expense, any damage td PA-/IHA- owned or controlled real or personal property whim the'damag a is the result of— (1) The Contractor's failure to conform to contract require- ments; or -' (2) Any defects of equipment; (material „workmanship or de- sign furnished by the Contractor. (c) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor's warranty with respect to work repaired or replaced will run for (one year unless otherwise Indicated) from the date of repair or replacement. (d) The Contracting Officer shall notify the Contractor, In writing . within a reasonable time after the discovery of any failure, defect of damage. (e) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the PHA/IHA shat have the right to replace, repair or otherwise remedy the failure defect, or damage at the Contractor's expense. (f) With respect to all warranties, express or implied, from subcon tractors, manufacturers, or suppliers for work performed and mate rials furnished under this contract, the Contractor shall: (1) Obtain all warranties that would be given in normal com merclai practice; (2) Require all warranties to be executed in writing, for thr benefit of the PHA/IHA; and, (3) Enforce all warranties for the benefit of the PHA/IHA. (g) In the event the Contractor's warranty under paragraph (a)ofthi, clause has expired, the PHA/IHA may bring suit at its own expensr to enforce a subcontractor's, manufacturer's or supplier's warranty (h) Unless a defect Is caused by the negligence of the Contractor o subcontractor or supplier at any tier, the Contractor shall not be Ilablr Page 7 of 18 loan HUD -5371 !or the repair of any defect of material or design furnished by the PHA/ HA nor for the repair of any damage that results from any defect in PHA/IHA furnished material or design. ! Notwithstanding any provisions herein to the contrary, the estab- i.hment of the time periods in paragraphs (a) and (c) above relate only !:, the specific obligation of the Contractor to correct the work, and ,ave no relationship to the time within which its obligation to comply .vith the contract may be sought to be enforced, nor to the time within Nnich proceedings may be commenced to establish the Contractor's lability with respect to its obligation other than specifically to correct 'he work. :j) This warranty shall not limit the PHA's /IHA's rights under the Inspection and Acceptance of Construction clause of this contract with respect to latent defects, gross mistakes or fraud. 24. Prohibition Against Liens "he Contractor is prohibited from placing a lien on the PHA's /IHA's croperly. This prohibition shall apply to all subcontractors at any tier and all materials suppliers. Administrative Requirements 25. Contract Period The Contractor shall complete all work required under this contract within _ calendardays of the effective date of the contract, orwithin the time schedule established in the notice to proceed issued by the Contracting Officer. 26. Order of Precedence In the event of a conflict between these General Conditions and the Specifications, the General Conditions shall prevail. In the event of a conflict between the contract and any applicable state or local law or regulation, the state or local law or regulation shall prevail; provided ,hat such state or local law or regulation does not conflict with, or Is less restrictive than applicable federal law, regulation, or Executive Order. In the event of such a conflict, applicable federal law, regulation, and Executive Order shall prevail. 27. Payments (a) The PHA/IHA shall pay the Contractor the price as provided in this contract. tb) The PHA/IHA shall make progress payments approximately every 30 days as the work proceeds, on estimates of work accom- plished which meets the standards of quality established under the contract, as approved bythe Contracting Officer. The PHA/IHA may, subject to written determination and approval of the Contracting Officer, make more frequent payments to contractors which are qualified small businesses. (c) Before the first progress payment under this contract, the Contractor shall furnish, in such detail as requested bythe Contracting 'Officer, a breakdown of the total contract price showing the amount nciuded therein for each principal category of the work, which shall substantiate the payment amount requested in order to provide a oasis for determining progress payments. The breakdown shall be approved bythe Contracting Officerand must be acceptable to HUD. f the contract covers more than one project, the Contractor shall furnish a separate breakdown for each. The values and quantities amployed in making up this breakdown are for determining the amount of progress payments and shall not be construed as a basis 'or additions to or deductions from the contract price. The Contractor shall prorate its overhead and profit over the construction period of the contract. Id) The Contractor shall submit, on forms provided by the PHAAHA, periodic estimates showing the value of the work performed during each period based upon the approved breakdown of the contract price. Such estimates shall be submitted not later than _days in advance of the dale set for payment and are subject to correction and revision as required. The estimates must be approved by the Contracting Officer with the concurrence of the Architect prior to payment. If the contract covers more than one project, the Contractor shall furnish a separate progress payment estimate for each. (e) Along with each request for progress payments and the required estimates, the Contractor shall furnish the following certification, or payment shall not be made: I hereby certify, to the best of my knowledge and belief, that - (1) The amounts requested are only for performance inaccor- dance with the specifications, terms, and conditions of the contract; (2) Payments to subcontractors and suppliers have been made from previous payments received under the contract, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agree- ments; and, (3) This request for progress payments does not include any amountswhich the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and cone k lions of the subcontract. (Name) (Title) r: (Dale) (f) Except as otherwise provided in State law, the PHA/IHA shall retain ten (10) percent of the amount of progress payments until completion and acceptance of all work under the contract; except, that if upon completion of 50 percent of the work, the Contracting Officer, after consulting with the Architect, determines that the Contractor's performance and progress are satisfactory, the PHA/IHA may make the remaining payments in full for the work subsequently completed. If the Contracting Officer subsequently determines that the Contractor's performance and progress are unsatisfactory, the PHA/ IHA shall reinstate the ter, (10) percent (or other percentage as provided in State law) retainage until such time as the Contracting Officer determines that performance and progress are satisfactory. (g) The Contracting Officer may authorize material delivered on the site and preparatory work done to be taken into consideration when computing progress payments. Material delivered to'the Contractor at locations other than the site may also be taken Into consideration if the Contractor furnishes satisfactory evidence that (1) it has acquired title to such material; (2) the material is properly stored in a bonded warehouse, storage yard, or similar suitable place as may be approved by the Contracting Officer; (3) the material is insured to cover its full value; and (4) the material will be used to perform this contract. Before any progress payment which includes delivered material is made, the Contractor shall furnish such documentation as the Contracting Officer may require to assure the protection of the PHA's /IHA's interest in such materials. The Contractor shall remain responsible for such stored material notwithstanding the transfer of title to the PHA/IHA. (h) Ail material and work covered by progress payments made shall, at the time of payment become the sole properly of the PHA/IHA, but this shall not be construed as (1) relieving the Contractorfrom the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or, (2) waiving the right of the PHA/IHA to require the fulfillment of all of the terms of the contract. in the event the work of the Contractor has been Page 8 of 18 -- - torn damaged by other contractors or persons other than employees of the PHA/IHA in the course of their employment, the Contractor shall restore such damaged work without cost to the PHA/IHA and to seek redress for its damage only from those who directly caused it. (i) The PHA/IHA shall make the final payment due the Contractor under this contract after (1) completion and final acceptance of all work: and (2) presentation of release of all claims against the PHA/ IHA arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. Each such exception shall embrace no more than one claim, the basis and scope of which shall be clearly defined. The amounts for such excepted claims shall not be included in the request for final payment. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned. (j) Prior to making any payment, the Contracting Officer may require the Contractor to furnish receipts or other evidence of payment from all persons performing work and supplying material to the Contractor, it the Contracting Officer determines such evidence is necessary to substantiate claimed costs. ' (k) The PHA/IHA shall not (1) determine or adjust any claims for payment or disputes arising thereunder between the Contractor and its subcontractors or material suppliers; or, (2) withhold any moneys for the protection of the subcontractors or material suppliers. The failure or refusal of the PHA/IHA to withhold moneys from the Contractor shall in nowise impair the obligations of any surety or sureties under any bonds furnished under this contract. 28. Contract Modifications (a) Only the Contracting Officer has authority to modify any term or condition of this contract. Any contract modification shall be author- ized in writing. (b) The Contracting Officer may modify the contract unilaterally -(1) pursuani to a specific authorization stated in a contract clause (e.g., Changes); or (2) for administrative matters which do not change the rights or responsibilities of the parties (e.g., change in the PHA/IHA address). All other contract modifications shall be in the form of supplemental agreements signed bythe Contractorand the Contract- ing Officer. (c) When a proposed modification requires the approval of HUD prior to its issuance (e.g., a change order that exceeds the PHA's/IHA's approved threshold), such modification shall not be effective until the required approval is received by the PHA/IHA. 29. Changes (a) The Contracting Officer may, at any time, without notice to the sureties, by written order designated or indicated to be a change order, make changes in the work within the general scope of the contract including changes: (1) In the specifications (including drawings and designs); (2) In the method or manner of performance of the work; (3) PHA /IHA- furnished facilities, equipment, materials, serv- ices, or site: or, (4) Directing the acceleration in the performance of the work. (b) Any other written order or oral order (which, as used in this paragraph (b), includes direction, instruction, interpretation, ordeler- mination) from the Contracting Officer that causes a change shall be treated as a change order under this clause; provided, that the Contractor gives the Contracting Officer written notice stating (1) the date, circumstances and source of the order and (2) that the Contractor regards the order as a change order. (d) If any change under this clause causes an increase or decrease in the Contractor's cost of, or the time required for the pertormanc( of any part of the work under this contract, whether or not change( by any such order, the Contracting Officer shall make an equitable adjustment and modify the contract in writing. However, except to a adjustment based on defective specifications, no proposal for an change under paragraph (b) above shall be allowed for any cost incurred more than 20 days (5 days for oral orders) before th( Contractor gives written notice as required. In the case of defectiv( specifications for which the PHA/IHA is responsible, the equitable adjustment shall include any increased cost reasonably incurred b the Contractor in attempting to comply with the defective specifica tions. (e) The Contractor must assert its right to an adjustment under thi clause within 30 days after (1) receipt of awritten change order unde paragraph (a) of this clause, or (2) the furnishing of a written notic under paragraph (b) of this clause, by submitting a written stalemer describing the general nature and the amount of the proposal. If th facts justify it, the Contracting Officer may extend the period fc submission. The proposal may be included in the notice require under paragraph (b) above. No proposal by the Contractor for a equitable adjustment shall be allowed if asserted afterfinal paymer under this contract. (f) The Contractor's written proposal for equitable adjustment sha be submitted in the form of a lump sum proposal supported with a itemized breakdown of all increases and decreases in the contract i at least the following details: (1) Direct Costs. Materials (list individual items, the quantil and unit cost of each, and the aggregate cost);Transportation an delivery costs associated with materials; Labor breakdowns by hour or unit costs (identified with specific workto be performed); Construe tion equipment exclusively necessary for the change; Costs c preparation and /or revision to shop drawings resulting from th change; Worker's Compensation and Public Liability Insurance Employment taxes under FICA and FUTA; and; Bond Costs - whe size of change warrants revision. r j (2) Indirect Costs. Indirect costs may include- overheat generaland administrative expenses aIndfringebenefitslnlotnormall treated as direct costs. (3) Profit. The amount of profit shall be negotiated and ma vary according to the nature, extent, arid, complexity of) the woe required by the change. The allowabilily of the direct and indirecE costs shall be determined accordance with the Contract Cost P'inciples and Procedures ft Commercial Firms in Part 31 of the Federal Acquisition Regulation (4 CFR 1 -31), as implemented by HUD Handbook 2210.18, in effect c the date of this contract. The Contractor shall not be allowed a pro on the profit received by any subcontractor. Equitable adjustmen for deleted work shall include a creditfor profit and may include acre( for indirect costs. On proposals covering both increases and d creases in the amount of the contract, the application of indirect cos and profit shall be on the net - change in direct costs for the Contract or subcontractor performing the work. (g) The Contractor shall include in the proposal its request for tin extension (if any), and shall include sufficient information and date to demonstrate whether and to what extent the change will delay it completion of the contract in its entirety. (h) The Contracting Officer shall act on proposals within 30 da after their receipt, or notify the Contractor of the date when such attic will be taken. (i) Failure to reach an agreement on any proposal shall be adispu h taus (c) Except as provided in this clause, no order, statement or conduct under the clause entitled Disputes herein. Nothing in t is c of the Contracting Officer shall be treated as a change under this however, shall excuse the Contractor from proceeding with it clause or entitle the Contractor to an equitable adjustment contract as changed. Page 9 of 18 toes HUD 53 ii) Except in an emergency endangering life or property, no change ;hall be made by the Contractor without a prior order from the contracting Officer. 30. Suspension of Work it The Contracting Officer may order the Contractor in writing to susoend, delay, or interrupt all or any part of the work of this contract 'or ;he period of time that the Contracting Officer determines appro- onate for the convenience of the PHA/IHA. o) if the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) ov an act of the Contracting Officer in the administration of this ,,ontract, or (2) by the Contracting Officer's failure to act within the time specified (or within a reasonable time if not specified) in this contract an adjustment shall be made for any increase in the cost of perfo(- mance of the contract (excluding prof t) necessarily caused by such inreasonable suspension, delay, or interruption and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to ;he axlenllhal performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor or for which any equitable adjustment is provided for or excluded under any other provision of this contract. itc) A claim under this clause shall not be allowed (1) for any costs incurred more!han 20 days before the Contractor shall have notified the Contracting Off icer in writing of the act or f ailure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and, (2) unless the claim, In an amount stated, is asserted in uniting as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract. 31. Disputes (a) " Claim, "as used in this clause, means awritten demand orwritten assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to the contract. A claim arising under the contract, unlike a claim relating to the contract, is aclaim that can be resolved under a contract clause that provides for the relief sought by the claimant. A voucher, invoice, or other routine request for payment that Is not in dispute when submitted is not a claim. The submission may be converted 10 a claim by complying with the requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. (b) Except for disputes arising under the clauses entitled Labor Standards and Labor Standards. Nonroutine Maintenance, herein, all disputes arising under or relating to this contract, including any claims for damages for the alleged breach thereof which are not disposed of by agreement, shall be resolved under this clause. ;c) All claims by the Contractor shall be made in writing and submitted to the Contracting Off icerfor a written decision. A claim by he PHA/IHA against the Contractor shall be subject to a written decision by the Contracting Officer. td) The Contracting Officer shall, within _(60 unless otherwise ndicated) days after receipt of the request, decide the claim or notify 'he Contractor of the date by which the decision will be made. e) The Contracting Officer's decision shall be final unless the Contractor (1) appeals in writing to a higher level in the PHA/IHA in accordance with the PHA's /IHA's policy and procedures, (2) refers the appeal to an independent mediator or arbitrator, or (3) files suit in a court of competent Jurisdiction. Such appeal must be made within j30 unless otherwise indicated) days after receipt of the Contracting Officer's decision. (1) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under or relating to the contract, and comply with any decision of the Contracting Officer. 32. Default (a) If the Contractor refuses or fails to prosecute the work, or any separable part thereof, with the diligence thatwill insure itscompletion within the time specified in this contract, or any extension thereof, or fails to complete said work within this time, the Contracting Officer may, bywritten notice to the Contractor, terminate the right to proceed with the work (or separable part of the work) that has been delayed. In this event, the PHA/IHA may take over the work and complete it, by contract or otherwise, and may take possession of and use any materials, equipment, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable foranydamage to the PHA/IHA resulting fromthe Contractor's refusal or failure to complete the work within the specified time, whether or not the Contractor's right to proceed wlth !,!he,workIsterminated. This liability includes any increased costs incurred by the P;F(A/IHA in completing the work. (b) The Contractor's right to proceed shall not be'ferminated or the Contractor charged with damages under this clause 'rf- - -, (1) The delay in completing the wOrkarises'from'unforesee- able causes beyond the control and wittiobt1he fa6Wor negligence of the Contractor. Examples of such causes includd(f) acts of God, or of the public enemy, (if) acts of the PHA/IHA or other governmental entity in either its sovereign or contractual capacity, (iii) acts of another contractor in the performance of a contract with the PHA/IHA, (iv) fires, (v) floods, (vi) epidemics, (vii) quarantine restrictions, (viii) strikes, (ix) freight embargoes, (x) unusually severe weather, or (xi) delays of subcontractors or suppliers at any tier arising from unfore- seeable causes beyond the control and without the fault or negligence of both the Contractor and the subcontractors or suppliers; and (2) The Contractor, within —days (11 Odays unless otherwise Indicated) from the beginning of such delay (unless extended by the Contracting Officer) notifies the Contracting Officer in writing of the causes of delay. The Contracting Officer shall ascertain the facts and the extent of the delay. If, In the judgment of the Contracting Officer, the findings of fact warrant such action, time for completing the work shall be extended bywritten modification to the contract. The findings of the Contracting Officer shall be reduced to awritten decision which shall be subject to the provisions of the Disputes clause of this contract. (c) If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been for convenience of the PHA/IHA. 33. Liquidated Damages (a) If the Contractor fails to complete the work within the time specified in the contract, or any extension, as specified in the clause entitled Default of this contract, the Contractor shall pay to the PHA/ IHA as liquidated damages, the sum of $ (Contracting Officer insert amount] for each day of delay. If different completion dates are specified in the contract for separate parts or stages of the work, the amount of liquidated damages shall be assessed on those parts or stages which are delayed. To the extent that the Contractor's delay or nonperformance is excused under another clause in this contract, liquidated damages shall not be due the PHA/IHA. The Contractor remains liable for damages caused other than by delay. (b) If the PHA/IHA terminates the Contractor's right to proceed, the resulting damage will consist of liquidated damages until such reason- able time as maybe required for final completion of the work together with any Increased costs occasioned the PHA/IHA in completing the work. Page 10 of 18 form (c) if the PHA/IHA does not terminate the Contractor's right to proceed, the resulting damage will consist of liquidated damages until ;he work is completed or accepted. 34. Termination for Convenience tal The Contracting Officer may terminate this contract in whole, or n part, whenever the Contracting Officer determines that such ' ermination is in the best interest of the PHA/IHA. Any such termination shall be effected by delivery to the Contractor of a Notice of Termination specifying the extent to which the performance of the work under the contract is terminated, and the date upon which such termination becomes effective. (b) if the performance of the work is terminated, either in whole or in part, the PHA/IHA shall be liable to the Contractor for reasonable and proper costs resulting from such termination upon the receipt by the PHAlIHA of aproperly presentedclaim setting out in detail: (1)thetotal cost of thework performedto date of termination less the total amount of contract payments made to the Contractor; (2) the cost (including reasonable profit) of settling and paying claims under subcontracts and material orders for work performed and materials and supplies delivered to the site, payment for wh ich has not beer, made by lh e PHA to the Contractor orby the Contractorto the subcontractor or supplier; (3) the cost of preserving and protecting the work already performed until the PHA/IHA or assignee takes possession thereof or assumes responsibility therefor; (4) the actual or estimated cost of legal and acccunting services reasonably necessary to prepare and present the termination claim to the PHA/IHA; and (5) an amount constituting a reasonable profit on the value of the work performed by the Contractor. (c) The Contracting Officer will act on the Contractor's claim within days (60 days unless otherwise indicated) of receipt of the Contractor's claim. (d) Any disputes with regard to this clause are expressly made subject to the provisions of the Disputes clause of this contract. 35. Assignment of Contract The Contractor shall not assignor transfer any interest in this contract; except that claims for monies due or to become due from the PHA/ IHA under the contract may be assigned to a bank, trust company, or other financial institution. Such assignments of claims shall only be made with the written concurrence of the Contracting Officer. If the Contractor is a partnership, this contract shall inure to the benefit of the surviving or remaining member(s) of such partnership as ap- proved by the Contracting Officer. 36. Insurance (a) Before commencing work, the Contractor and each subcontrac- tor shall furnish the PHA/IHA with certificates of insurance showing the following insurance is in force and will insure all operations under the Contract: (1) Workers' Compensation, in accordance with state or Ter- ritorial Workers' Compensation laws. (2) Commercial General Liability with a combined single limit for bodily injury and properly damage of not less than $ _(Contracting Officer insert amount) per occur - re nce to protect the Contractor and each subcontractor against claims for bodily injury or death and damage to the property of others. This shall cover the use of all equipment, hoists, and vehicles on the site(s) not covered by Automobile Liability under (3) below. If the Contractor has a "claims -made" policy, then the following additional require- ments apply: the policy must provide a "retroactive date° which must be on or before the execution date of the Contract; and the extended reporting period may not be less than five years following the completion date of the Contract. (3) Automobile Liability on owned and non -owned motor ve- hicles used on the site(s) or in connection therewith for a combined single limit for bodily injury and property damage of not less than $ (Contracting Officer insert amount] per occurrence. (b) Before commencing work, the Contractor shall furnish the PHAr IHA with a certificate of insurance evidencing that Builder's Risk (fire and extended coverage) Insurance on all work in place and /or materials stored at the building sile(s), including foundations and building equipment, is in force. The Builder's Risk Insurance shall be for the benefit of the Contractor and the PHA/IHA as their interests may appear and each shall be named in the policy or policies as an insured. The Contractor in installing equipment supplied by the PHA IHA shall carry insurance on such equipment from the time the Contractor lakes possession thereof until the Contract work is accepted by the PHA/IHA. The Builder's Risk Insurance need not be carried on excavations, piers, footings, or foundations until such time as work on the super- structure is started. It need not be carried on landscapework. Policies shall furnish coverage at all times for the full cash value of all completed construction, as well as materials in place and /or stored at the site(s), whether or not partial payment has been made by the PHA/IHA. The Contractor may terminate this insurance on buildings as of the date taken over for occupancy by the PHA/IHA. The Contractor is not required to carry Builder's Risk Insurance for modernization work which does not involve structural alterations or additions and where the PHA's /IHA's existing fire and extendec coverage policy can be endorsed to include such work. (c) All insurance shall be carried with companies which are finan- cially responsible and admitted to do business in the State in which the project is located. If any such insurance is due to expire during the construction period, the Contractor (including subcontractors, as applicable) shall not permit the coverage to lapse and shall furnish evidence of coverage to the Contracting Officer. All certificates of insurance, as evidence of coverage, shall provide that no coverage may be canceled or non - renewed b&e insurance company until at least 30 days prior written notice has bson given to the Contractinc Officer. i 37. Subcontracts (a) Definitions. As used in this contract - (1) "Subcontract" means any pontract, purchase order, o, other purchase agreement, Including mod8icatlohs and change or ders to the foregoing, entered into by, a subcontractor to furnisl supplies, materials, equipment, and services for the performance o the prime contract or a subcontract. (2) " Subcontractor" means any supplier, vendor, orfirmtha furnishes supplies, materials, equipment, or services to or for thr Contractor or another subcontractor. (b) The Contractor shall not enter into any subcontract with an subcontractor who has been temporarily denied participation in HUD program or who has been suspended or debarred from partici pating in contracting programs by any agency of the United State Government or of the state in which the work under this contract is t be performed. (c) The Contractor shall be as fully responsible for the acts c omissions of its subcontractors, and of persons either directly c indirectly employed by them as for the acts or omissions of person directly employed by the Contractor. (d) The Contractor shall insert appropriate clauses in all subcor tracts to bind subcontractors to the terms and conditions of thi contract Insofar as they are applicable to the workof subcontractor° (e) Nothing contained in this contract shall create any contractor relationship between any subcontractor and the PHA/IHA or betwee the subcontractor and HUD. Page 11 of 18 38. Subcontracting with Small and Minority Firms, Women's Business Enterprise, and Labor Surplus Area Firms The Contractor sh alit ake the following steps to ensure that, whenever oossible, subcontracts are awarded to small business firms, minority ftrfms. women's business enterprises, and labor surplus area firms: a) Placing qualified small and minority businesses and women's ousiness enterprises on solicitation lists; :.b) Ensuring that small and minority businesses and women's business enterprises are solicited whenever they are potential sources; (c) Dividing total requirements, when economically feasible, into sma;ler tasks or quantities io permit maximum participation by small and minority businesses and women's business enterprises; id) Establishing delivery schedules, where the requirements of the contract permit, which encourage participation by small and minority businesses and women's business enterprises; and (e) Using the services and assistance of the U.S. Small Business Administration, the Minority Business Development Agency of the U.S. Department of Commerce, and State and local governmental small business agencies. 39. Equal Employment Opportunity During the performance of this contract, the Contractor agrees as follows: (a) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or handicap. (b) The Contractor shall lake affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, national origin, or handicap. Such action shall include, but not be limited to, (1) employment, (2) upgrading, (3) demotion, (4) transfer, (5) recruit- ment or recruitment advertising, (6) layoff or termination, (7) rates of pay or other forms of compensation, and (8) selection for training, including apprenticeship. (c) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause. (d) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, or handicap. (e) The Contractor shall send, to each labor union or representative of workers with which it has acollective bargaining agreement or other contract or understanding, the notice to be provided by the Contract- ing Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment. .f) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor. ig) The Contractor shall furnish all information and reports required by Executive Order 11246, as amended, Section 503 of the Rehablll. ration Act of 1973, as amended, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto. The Contractor shall permit access to its books, records, and accounts by the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. ih) In the event of a determination that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor may be declared ineligible for further Government contracts, or Federally assisted construction contracts under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor asprovidedin Executive Order 11246, as amended, the rules, regulations, and orders of the Secretary of Labor, or as otherwise provided by law. (i) The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order unless exempted by the rules, regulations, or orders of the Secretaryof Labor issued under Executive Order 11246, as amended, so that these forms and conditions will be binding upon each subcontractor or vendor. The Contractor shall take such action with respect to any subcontract or purchase order as the Secretary of Housing and Urban Development or the Secretary of Labor may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided that lithe Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such. direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. (j) Compliance with the requirements of this clause shall be to the maximum extent consistent with, but not in derogation of, compliance with section 7(b) of the Indian Self- Determination and Education Assistance Act and the Indian Preference clause of this contract. 40. Equal Opportunity for Businesses and Lower - Income Persons (HUD Act of 1968, Section 3)(Applicable to Contracts in Excess of $500,000.) (a) The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assis- tance from the Department of Housing and Urban Development and is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amendep; J2U >S >C> 1701 U. Section 3 requires that to the greatest extent feasib(eopportunities for training and employment be given lower income resiiients of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, orowned in substantial part by persons resising in the area of the project. i (b) The parties to this contract will comply wiih the provisions ofsaid section 3 and the regulations Issued pursuant lherelo,'by the Secretary of Housing and Urban Development set forth in 24 CFR part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. (c) The contractor will send to each labor organization or represen- tative of workers with which he /she has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization orworkers' representative of his/ her commitments under this section 3 clause and shall post copies of the notice in conspicuous places available to employees and appli- cants for employment or training. (d) The contractor will include this section 3 clause in every subcon- tract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor Is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation or regulations under 24 CFR part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. Page 12 of 18 form HUD -5070 (e) Compliance with the provisions of section 3. the regulations set forth in 24 CFR part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, is successors, and assigns to those sanctions specified by the grant jr loan agreement or contract through which Federal financial assis- tance is provided, and to such sanctions as are specified by 24 CFR part 135. 41. Indian Preference (Applicable to contracts awarded by Indian Housing Authorities for projects owned or controlled by Indian Housing Authorities) (a) The work to be performed under this contract is on a project subject to section 7(b) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450e(b)). Section 7(b) requires that to the greatest extent feasible (1) preference and opportunities for training and employment shall be given to Indians, and (2) preferences in the award of contracts and subcontracts shall be given to Indian organi- zations and Indian - owned. Economic Enterprises. (b) The parties to this contract shall comply with the provisions of Section 7(b) of the Indian Self- Determination and Education Assis- tance Act (25 U.S.C. 450e(b)) and all HUD requirements adopted pursuant to section 7(b). (c) In connection with this contract, the parties shall, to the greatest extent feasible, give preference in the award of any subcontracts to Indian organizations and Indian -owned Economic Enterprises, and preferences and opportunities f ortraining and employment to Indians. (d) This section 7(b) clause shall be incorporated into every subcon- tract in connection with the project. (e) Upon a finding by the IHA or HUD that any party to this contract is not in compliance with the section 7(b) clause, said party shall, at the direction of the IHA, take appropriate remedial action pursuant to the contract. 42. Interest of Members of Congress No member of or delegate to the Congress of the United Stales of America shall be admitted to any share or part of this contract or to any benefit that may arise therefrom. 43. Interest of Members, Officers, or Employees and Former Members, Officers, or Employees No member, officer, or employee of the PHAAHA, no member of the governing body of the locality In which the project is situated, no member of the governing body of the locality in which the PHAAHA was activated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the project, shall, during his or hertenure, offer one year thereafter, have any interest, direct or indirect, in this contract or the proceeds thereof. 44. Limitations on Payments made to Influence Certain Federal Financial Transactions (a) The Contractor agrees to comply with Section 1352 of title 31, United States Code which prohibits the use of Federal appropriated funds to pay any person for Influencing or attempting to Influence an officeror employee of any agency, a Memberof Congress, andofflcer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions: the awarding of any Federal contract; the making of any Federal grant; the making of any Federal loan; the entering into of any cooperative agreement; or the modification of any Federal contract, grant, loan, or cooperative agreement. (b) The Contractor further agrees to comply with the requirement of the Act to furnish a disclosure (OMB Standard Form LLL, Disclosure of Lobbying Activities) it any funds other than Federal appropriates funds (including profit or fee received under a covered Fedom transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of an) agency, a Member of Congress, an officer or employee of Congress or an employee of a Memberof Congress in connection with a Federa contract, grant, loan, or cooperative agreement - (c) Indian tribes (except those chartered by States) and Indiar organizations as defined in section 4 of the Indian Self - 0eterminatior and Education Assistance Act (25 U.S.C. 4508) are exempt from the requirements of this clause. 45. Royalties and Patents The Contractor shall pay all royalties and license fees. It shail defenc all suits or claims for infringement of any pa tent rights and shall save the PHAAHA harmless from loss on account thereof; except that tht PHAAHA shall be responsible for all such loss when a par icula design, process or the product of a particular manufacturer o manufacturers is specified and the Contractor has no reason tc believe that the specified design, process, or product is an infringe ment. If, however, the Contractor has reason to believe that an) design, process orproduct specified is an infringement of apatent, the Contractor shall promptly notify the Contracting Officer. Failure to givr such notice shall make the Contractor responsible for resultant loss 46. Examination and Retention of Contractor's Records (a) The PHAAHA, HUD, or Comptroller General of the United States or any of their duly authorized representatives shall, until years afte final payment under this contract, have access to and the right is examine any of the Contractor's directly pertinent books, documents papers, or othe r records involving transactions (elated to this contras forthe purpose of making audit, examination, excerpts, and hanscrip tions. C? (b) The Contractor agrees to include in first -tier subcontraacts undo this contract aclause substantially, the same as paragreph'(a) above "Subcontract," as used in this clause, excludes purchase orders no exceeding $10,000. - ? Ir (c) The periods of access and examinalion`.in paragraphs (a) and (b above for records relating to (1) appeal's under the Disputes clause of this contract, (2) litigation or settlement of claims arising from thr performance of this contract, or (3) costs and expenses of thi! contract to which the PHAAHA, HUD, or Comptroller General or am of their duly authorized representatives has taken exception she continue until disposition of such appeals, litigation, claims, or excep lions. 47. Labor Standards - Davis -Bacon and Related Acts If the total amount of this contract exceeds $2,000, the Federal labs standards set forth in the clause below shall apply to the constructio work to be perlormed under the contract, except A the constructio work has been determined to be "Nonroutine Maintenance" subjectt the terms of that clause of this contract. (a) Minimum Wages. (1) All laborers and mechanics employed or working upon th site of the work (or, under the United States Housing Act of 1937 c under the Housing Act of 1949, in the construction or development c the project) will be paid unconditionally and not less often than one a week, and without subsequent deduction or rebate on any accour (except such payroll deductions as are permitted by regulation issued bythe Secretaryof LaborundertheCopelandAcl (29 CFR Pa 3)), the full amount of wages and bona fide fringe benefits (or cas equivalents thereof) due at time of payment computed at rates nc less than those contained in the wage determination of the Secretar of Laborwhich Is attached hereto and made a part hereof, regardles Page 13 of 18 of any contractual relationship which maybe alleged too xist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section l (b)(2) of the Davis -Bacon Acton behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular .;ontributions made or costs incurred for more than a weekly period ;but not less often than quarterly) under plans, funds, or programs, which cover [fie regular weekly period, are deemed to be construc- tively made or incurredduring such weeklyperiod. Such laborers and mechanics shall be paid not less than the appropriate wage rate and ringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification forthe time actually worked therein; provided, that ;he employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determine - ::on (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis -Bacon poster (WH -1321) snail be posted at all limes by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (2) (i) Any class of laborers or mechanics which is not listed to the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determina- tion. HUD shall approve an additional classif ication and wage rate and fringe benefits therefor only when all the following criteria have been met: (A) The work to be performed by the classification re- quested is not performed by a classification in the wage determina- tion; (B) The classification is utilized in the area by the con- struction industry; and (C) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (ii) If the Contractor and the laborers and mechanics to be employed in the classification (it known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropri- ate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employee Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or Its designee or will notif y HU D or its designee within the 30 -day period that add'Aional time s necessary. (Iii) In the event the Contractor, the laborers or mechanics :o be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or as designee, to the Administrator of the Wage and Hour Division for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee,or will notify HUD or Its designee within the 30 -day period that additional time Is necessary. (Iv) The wage rate (including fringe benefits where appro- priate) determined pursuant to subparagraphs (b)(2)(11) or (III) of this clause shall be paid to all workers performing work In the classi leatlon undo r this contract from the first day on which work Is performed In the classification. (3) Whenever the minimum wage rate prescribed in the con. tract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (4) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretaryof Labormayrequire the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (b) Withholding of funds. HUD or its designee shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same prime Contractor, or any other Federally- assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or, under the United States Housing Act of 1937 or under the Housing Act of 1949, in the construction or development of the project), all or part of the wages required by the contract, HUD or its designee may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the Contractor, disburse -such amounts withheld for and on account of the Contractor or sub s) -ofl Tractor to the respective employees to whom they are due. The Comptroller Gene {al shall make such disbursements in the case of direct `Davis -bacon Act contracts. (c) Payrolls and basic records. (1) Payrolls and basic 'records relating thereto shall be maintained b the Contractor during the course of the work and preserved for ape I ro4of threeyears thereaf ter for all laborers and mechanics working at the site of h'q work (or, under the United States Housing Act of 1937 or under the, Housing Act of 1949, in the construction ordevelopment of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section I (b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. When- ever the Secretary of Labor has found, under 29 CFR 5.5(a)(1)(iv), that the wages of any laborer or mechanicinclude the amount of costs reasonably anticipated in providing benefits under a plan or program described in section 1 (b)(2)(B)of the Davis -Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage Page 14 of 18 rates prescribed in the applicable programs. (2)(i)The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Contracting Officer for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the :nformalion required to be maintained under subparagraph (c)(1) of this clause. This information may be submitted in any form desired. Optional Form WH -347 (Federal Stock Number 029 -005 - 00014 -1) is available for this purpose and may be purchased from the Superin- tendent of Documents, U.S. Government Printing Office, Washing- ton. D.C. 20402. The prime Contractor is responsible for the submission of copies of payrolls by all subcontractors. (ii) Each payroll subtr tted shall be accompanied by a 'Statement of Compliance," signed by the Contractor or subcontrac- tor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (A) That the payroll for the payroll period contains the information required to be maintained under paragraph (c)(1) of this clause and that such information is correct and complete; (B) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; and (C) That each laborer or mechanic has been paid not less than the applicable wage rates and f ring a benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (fit) The weekly submission of a properly executed certifi- cation set forth on the reverse side of Optional Form WH -347 shall satisfy the requirements for submission of the "Statement of Compli- ance" required by subparagraph (c)(2)(11) of this clause. (Iv) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code. (3) The Contractor or subcontractor shall make the records required under subparagraph (d)(1) available for inspection, copying, or transcription by authorized representatives of HUD or its designee, the Contracting Officer, or the Department of Labor and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor falls to submit the required records or to make them available, HUD or its designee may, after written notice to the Contractor, take such action as maybe necessary to cause the suspension of any further payment, advance, or guaran- teeoffunds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (d)(1) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Appren- ticeship and Training, or with a State Apprenticeship Agency recog- nized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified bythe Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable rallo of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is no registered or otherwise employed as staled in this paragraph, shall be paid not less than the applicable wage rate on the wagedeterminatior for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratic permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually perfonmed. Where a contractor is performing construction on project in a locality other than that in which its program is registered the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's o subcontractor's registered program shall be observed. Eve ry appren lice must be paid at not less than the rate specified in the registerec program for the apprentice's level of progress, expressed as < percentage of the journeyman hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits it accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentice, must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator o the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureat of Apprenticeship and Training, or a State Apprenticeship Agenck, recognized by the Bureau, withdraws approval of an apprenticeshir program, the Contractor will no longer be permitted to utilize appren floes at less than the applicable predetermined rate for the wort/ performed until an acceptable prograrfl s,' approved. (2) Trainees. Except as provided in29 CFR 5.16, trainees wil not be permitted to work at less than, the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a prog ram which has received prior approval,_ Avidencec by formal certification by the U.S. Department of Labor,(Empioymen and Training Administration. The rati6,66ratnees;to journeymen or the job site shall not be greater than. permitted under the plar approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approvec program for the trainee's level of progress, expressed as a percent age of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program doer not mention fringe benefits, trainees shall be paid the full amount o fringe benefits listed in the wage determination unless the Adminis trator of the Wage and Hour Division determines that there is at apprenticeship program associated with the corresponding journey man wage rate in the wage determination which provides for less that full fringe benefits for apprentices. Any employee listed on the payro, at a trainee rate who is not registered and participating in a traininc plan approved by the Employment and Training Administration sha be paid not less than the applicable wage rate in the wage determi nation for the classification of work actually performed. In additior any trainee performing work on the job site in excess of the rati, permitted underthe registered programshall be paid not less than th applicable wage rate in the wage determination for the work actuall performed. In the event the Employment and Training Administratio withdraws approvalof a training program, the Contractorwill no longe be permitted to utilize trainees at less than the applicable predeter mined rate for the work performed until an acceptable program i approved. (3)Equal employment opportunity. The utilization of appear, tices, trainees, and journeymen under this clause shall be in confot mity with the equal employment opportunity requirements of ESece. live Order 11246, as amended, and 29 CFR Part 30. (e) Compliance with Copeland Act requirements. The Contrac for shall comply with the requirements of 29 CFR Part 3, which or Page 15 of 18 form HUD-537 hereby incorporated by reference in this contract. (f; Contract termination; debarment. A breach of this contract clause may be grounds for termination of the contract and for debarment as a Contractor and a subcontractor as provided in 29 CFR 5.12. g) Compliance with Davis -Bacon and related Act require- ments. All rulings and interpretations of the Davis -Bacon and related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. (h) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this clause shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of As subcontractors) and the PHA/IHA, HUD, the U.S. Depart- ment o! Labor, or the employees or their representatives. :i) Certification of eligibility. (1) By entering into thiscontract, the Con tractor certifies that neither it (nor he or she) nor anyperson orf irm who has an interest in the Contractor's firm is a person orfirm ineligible to be awarded contracts by the United States Government by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (2) No part of this contract shall be subcontracted to any person or firm ineligible to be awarded contracts by the United Slates Government by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (3) The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U.S.C. 1001. (j) Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms "laborers" and "mechanics" include watch- men and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics, including watch- men and guards, shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one - half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated dam- ages. In the event of any violation of the provisions set forth in subparagraph (j)(1) of this clause, the Co ntractor and any subcontrac- tor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for iquidated damages. Such liquidated damages shall be computed Mth respect to each individual laborer or mechanic (including watch- men and guards) employed in violation of the provisions set forth in subparagraph (j)(1) of thisclause, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweekof 40 hours without payment of the overtime wages required by provisions setforth in subparagraph (j)(1) of ;his clause. (3) Withholding for unpaid wages and liquidated dam- ages. HUD or As designee shall upon As own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any Federal contract with the same prime Contractor, or any other Federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is half by the same prime Contractor such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the provi- sions set forth in subparagraph (j)(2) of this clause. (k) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts alkhe provisions contained in this clause, and such otherclauses as HU D or As designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these provisions in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all these provisions. [ J 48. Labor Standards - Non - routine Maintenance (If checked, for contracts exceeding $2,000, HUD has determined that the construction covered by this contract consists of non - routine maintenance (as defined in 24 CFR 968.203) necessary for the operation of the Public or Indian Housing project; and the labor standards set forth below and the provisions of Section 12 of the United States Housing Act of 1937 which pertain to such work shall apply. Clause 47 does not apply to this contract.) (a) Minimum Wages. (1) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Housing and Urban Develop - me nt which is attached hereto and made a oart hereof. Such laborers and mechanics shall be paid the appropriate wage rate on the wage determination for the classification of work actually performed, with- out regard to skill. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer's payroll records accurately set forth the time spent in each ciassification in which work is performed. The wage determina- tion shall be posted at all times by the Contractor and As subcontrac- tors at the site of the work in a prominent and accessible place where A can be easily seen by the workers. (2)(i) Any class of laborers or mechanics whigh is not listed in the wage determination and which is to be employed under the contract shall beclassif led in conformance with thewagedelarminaffon. HUD shall approve an additional classff icatlon_ and,rrage rate only khen the following criteria have been met: (A) The work to be performed by the;glassification re- quired is not performed by a classification in the wage determination; (B) The classification is utilized in the area bytheindustry; and (C) The proposed wage rate bears a reasonable relation- ship to the wage rates contained in the wage determination. (ii) The wage rate determined pursuant to this paragraph shall be paid to all workers performing work in the classification under this contract from the first day or. which work is performed in the classif ication. (b) Withholding of funds. The Contracting Officer, upon his or her own action or upon request of HUD shall withhold or cause to be w0heldfromthe Contractor underthis contract or any other contract subjectto HUD - determined wage rates, with the same'prime Contrac- tor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics employed by the Contractor or any subco ntractor the full amount of wages required by this clause. In the event of failure to pay any laborer or mechanic employed or working on the site of the work all or part of the wages Page 16 of 18 required by the contract, the Contracting Officer or HUD may, after written notice to the Contractor, take such action as maybe necessary to cause Me suspension of any further payment, or advance, until such violations have ceased. The PHA/IHAor HUD may, after written notice to the Contractor, disburse such amounts withheld for and on account of Ike Contractor or subcontractor to the r espective employ- ees to whom they are due. ;c) Payrolls and basic records. (1) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of theworkand preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2)(i) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Contracting Officer. The payrolls submitted shall set out accurately and com- pletely ail of the Information required to be maintained under subparagraph (d)(1) above. This information maybe submitted in any form desired. Optional Form WH -347 (Federal Stock Number 029- 005- 00014 -1) is available for this purpose and maybe purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The prime Contractoris responsible for the submission of copies of payrolls by all subcontractors. (Approved by the OMB under OMB control number 1215- 0149). (ii) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontrac- tor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (A) that the payroll for the payroll period contains the information required to be maintained under subparagraph (c)(1) of this clause and that such information is correct and complete; (B) that each laborer or mechanic employed on the con- tract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; and (C) that each laborer or mechanic has been paid not less than the applicable wage rates for the classification of work per- formed, as specified in the applicable wage determination incorpo- rated into the contract. (iii) The weekly submission of a property executed certifi- cation set forth on the reverse side of Optional Form WH -347 shall satisfy the requirements for submission of the "Statement of compli- ance" required by subparagraph (c)(2)(ii) of this clause. (iv) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code. (3) The Contractor or subcontractor shall make the records required under subparagraph (c)(1) available for inspection, copying, or transcription by authorized representatives of HUD or the PHA/IHA and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, afterwritten notice to the Contractor, take such action as maybe necessaryto cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request orto make such records available may be grounds fordebarment ordenial of participation in HUD's programs oursuant to 24 CFR Part 24. (d) Compliance with Copeland Act requirements. The Contrac- tor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. (e) Contract termination; debarment. A breach of this contract clause may be grounds for termination of the contract and for debarment as a Contractor and a subcontractor as provided In 24 CFR Part 24. (I) Disputes concerning labor standards. (1) Disputes arising out of the labor standards provisions of paragraphs (a), (b), (c), and (e) of this clause shall be subject to the general disputes clause of this contract. (2)Disputes arising out of the labor standards provisions of paragraphs (d), and (g) of this clause shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this paragraph (f)(2) include disputes between the Contractor (or any of its subcontractors) and the PHA/IHA, HUD, the U.S. Department of Labor, or the employees or their representatives. (g) Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms "laborers" and "mechanics" include watch- men and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compen- sation at a rate not less than one and one -half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated dam- ages. In the event of any violation of the provisions set forth in subparagraph (g)(1) of this clause, the Contractor and any subcon- tractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watch- men and guards, employed in violation of the provisions set forth in subparagraph (g)(1) of this clau se, in the sum of $10 f or each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by provisions set forth in subparagraph (g)(1) of this clause. (3) Withholding for unpaid wages and liquidated dam- ages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any federal contract with the same prime Contractor, or any other federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the provi- sions set forth in subparagraph (g)(2) of this clause. (h) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts all the provisions contained in this clause and also a clause requiring the subcontractorsto, include these provisions in any lower tier subcontracts. The prim e "Contractor shall be respon- sible to r the compliance by any subcont racier or lower tiersplbcontrac- for with all the provisions contained in,!hJsclause, r„ i Page 17 of 18 torn HUD -5370 49. Non - Federal Prevailing Wage Rates Any prevailing wage rate (Including basic hourly rate and any fringe benefits), determined under State or tribal law to be prevailing, with respectto any employee In anytrade or position employed under the contract, is inapplicable to the contract and shall not be enforced against the Contractor or any subcontractor, with respect to employees engaged under the contract whenever either of the following occurs: (1) Such non - Federal prevailing wage rate exceeds: (A) the applicable wage rate determined by the Secretary of Labor pursuant to the Davis -Bacon Act (40 U.S.C. 276a at seq) to be prevailing In the locality with respect to such trade; (8) an applicable apprentice wage rate based thereon specified in an apprenticeship program registered with the U.S. Department of Labor or a DOL- recognized State Apprenticeship Agency; or (C) an applicable trainee wage rate based thereon specified in a DOL- ceriffied trainee program; or (2) Such non - Federal prevailing wage rate, exclusive of any fringe benefits, exceeds the applicable wage rate determined by the Secretary of HUD to be prevailing in the locality with respect to such trade or position. Page 18 of 18 iI "l cy Page 18 of 18 Section 11 CITY OF IOWA CITY GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS Central Procurement & Services Division INDEX (revised 11/99) A. Conditions for Bidding. Page 1. Completeness /Authorization of Bid. 1 2. Addressing of Bid. 1 GENERAL CONDITIONS AND 3. Bid Deadline /Opening. 1 INS I KUCI IONS 10 BIDDERS 4. Bids Binding 30 days. 1 5. Trade Secrets or Proprietary Information. 1 The general rules and conditions which follow apply to all 6. Failure to Respond. 2 proposals issued by the City unless otherwise specified. 7. Bids for All or Part. 2 Bidders or their authorized agents are expected to fully 8. Discounted Bids. 2 inform themselves as to the conditions, requirements, and 9. Multiple Bids. 2 specifications before submitting proposals; failure to do so 10. Competency of Bidder. 2 shall be at the bidder's own risk. 11. Collusive Bidding. 2 12. Officers Not to Benefit. 2 Bids and contracts Issued by the City of Iowa City shell bind 13. Equal Employment Opportunity. 2 bidders to applicable conditions and requirements herein set 14. Samples /Literature Required. 2 forth unless otherwise specified in the bid documents, and 15. Vendor List Application Required. 2 are subject to all federal, state, and municipal laws, rules, 16. Bid Summary. 2 regulations, and limitations. B. Bonds and Insurance. Bid" as referenced herein shell include all bids, quotations 1. Bid Security. 2 and proposals. 2. 3. Performance Bond. Insurance Requirements. 2 2 Bid date 'as referenced herein shall mean the local date and time specified in the bid documents. C. Specifications. 1. Formal Specifications. 3 A. CONDITIONS FOR BIDDING 2. Proposed Alternate. 3 1. COMPLETENESS /AUTHORIZATION OF . BID. Bidder 3. 4. Addendum to Specifications. Year 2000 Compliance 3 3 shall supply a information an submittals regwre by the bid documents to constitute a proper bid. Bid shall be signed D. Award of Contract. with the firm name and by an authorized agent. 1. Award or Rejection of Bids. 3 2. ADDRESSING OF BID. Unless otherwise, specified, 2. Local Purchases. 4 faxed bids will not be accepted. Bid shalt be submitted in a 3. State of Iowa Resident Bidder Preference. 4 sealed envelope clearly marked on the front with bid 'number 4. Federal Transit Funds. 4 and due date, and unless otherwise specifie6,.eddressed to:. 5. Tie Bids. 4 6. Errors in Bids. 4 purchasing Division - - -- 7. Contract Award. 4 City of Iowa City E. General Contract Provisions. Page Civic Center - 410 E. Washington St. - Iowa City, Iowa 52240 1. Insurance /Performance Bond. 4 _. 2. Availability of Funds. 4 3. BID DEADLINE /OPENING. Bidder shalr be re§ponsible 3. Contract Alterations. 4 or taking whatever measures are necesip to ensure that 4. Subletting of Contract. 4 the bid reaches the office of the Purchasing Agent or 5. Contract Period. 4 otherwise specified agent on or before the local time and 6. Default. 4 date specified. The City shall not be responsible for, and 7. Delivery Failures. 4 may not consider, any bid delayed in the postal or other 8. New Goods, Fresh Stock. 4 delivery service, or in the City's internal mail system, nor 9. Professional Workmanship. 4 any late bid, amendment thereto, or request for withdrawal 10. Guarantee. 4 of bid received after the date specified. 11. Indemnity. 5 12. OSHA Requirements. 5 Bidders and /or their authorized agents may be present if a 13. Non - discrimination. 5 formal bid opening is held, at which time all bids shall be F. Delivery opened and cost data read aloud. 1 . Cartage. 5 A written request for withdrawal of a bid or any part thereof 2. Responsibility for Commodities and /or may be granted, provided the request is received by the City Service Delivered. 5 prior to specified bid date. 3. Inspections. 5 4. Time of Delivery 5 4. BIDS BINDING 30 DAYS. Unless otherwise specified, 5. Packing Slips or Delivery Tickets 5 all orma bids su mitre s all be binding for thirty (30) G. Payment Provisions. calendar days following bid date, unless the bidder(s), at the City' s request, agrees to an extension. 1. Payment Terms. 5 2. Withholding Payment. 6 5. TRADE SECRETS OR PROPRIETY INFORMATION. 3. Invoicing. 6 1 race secrets or proprietary information that are recognized 4. Taxes. 6 as such and protected by law may be withheld if clearly identified as such in the proposal. 6. FAILURE TO RESPOND. If a vendor does not intend to bid on a request for proposal received, the vendor shall respond with a notice of "NO BID" by the specified proposal date. Failure to respond to a request for bid may be considered cause for removing that vendor from the City's Vendor List. 7. BIDS FOR ALL OR PART. Unless otherwise specified, bidder may restrict is er i to consi eraUOn in t e w o e by so stating, but shall name a unit price for each item bid upon; any bid on which the bidder names a total price for all items without quoting a price on each and every separate item may be rejected at the option of the City. 8. DISCOUNT BIDS. Discounts may be taken into consi erauion. 9. MULTIPLE BIDS. Bidders may submit more than one Ei-d,--pr-o-v-ia-eU-s-u-cF-adaitionaI bid or bids are properly submit- ted on the bid forms. Extra sets of specifications and /or bid forms may be obtained upon request at the Purchasing Agent's office. 10. COMPETENCY OF BIDDER. No bid may be accepted from or contract aware to any person, firm or corporation which is in arrears or in default to the City of Iowa City upon any debt or contract, or has failed to perform faithfully any previous contract with the City. The bidder, if requested, shall present evidence of performance ability and possession of necessary facilities, pecuniary resources and adequate insurance to comply with the terms of these specification and contract documents; such evidence shall be presented within a specified time and to the satisfaction of the City. 11. COLLUSIVE BIDDING. The Bidder certifies that his /her bid is made without any previous understanding, agreement or connection with any person, firm, or corporation making a bid for the same project, without prior knowledge of competitive prices, and it is in all respects fair, without outside control, collusion, fraud or otherwise illegal action. 12. OFFICERS NOT TO BENEFIT. Upon signing his /her bid, Bidder certifies that no memIE-er--of the governing body of the City of Iowa City, or members of his /her immediate family, including spouse, parents or children, or any other officer or employee of the City, or any member or employee of a Commission, Board or Corporation controlled or appointed by the City Manager or Council has received or has been promised, directly or indirectly, any financial benefit related to this contract. 13. EQUAL EMPLOYMENT OPPORTUNITY. All bidders are subject to and must comply with the provisions of the City's EEO policy and applicable state and federal anti- discrimination laws. The City encourages equal employment opportunity to businesses owned and controlled by minorities or women. All City contractors, subcontractors or 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. Emergency contracts are exempt from this provision. 14. SAMPLES /LITERATURE REQUIRED. When required, each i er shall submit samples an ts or ca ogs, escriptrve literature, detailed drawings, and other information necessary to fully describe the proposed commodity or service. Bidder shall bear the cost of and make arrangements for the delivery and removal of samples to the specified location. The City may retain awarded bidder's samples until delivery of contracted commodities and /or service has been completed and accepted. Unsuccessful bidders shall remove samples as soon as possible after bid award. The City shall not be responsible for such samples if not removed by the bidder within thirty (30) calendar days after the award has been made. 15. VENDOR LIST APPLICATION REQUIRED. Bidder shall compete, sign, ano return a vendor ist pplication (VLA) form unless a completed VLA is already on file with the City. 16. BID SUMMARY. Summary of bid award made will be mailed to those bt ders who enclose a stamped, self - addressed envelope with their bid. B. BONDS AND INSURANCE 1, BID SECURITY. When required, no bid shall be consi ere un ess accompanie y ert ier of the following forms of bid security: a. A certified or cashier's check drawn on a solvent Iowa bank or a an c artere un er the laws of the United States, or a certified share draft drawn on a credit union in Iowa or chartere unTer t to Taws of the United States, in an amount equal to a minimum of five percent (5 %) of the bid, or b. A bid bond executed by a corporation authorized to contract as a -surety in the State of Iowa, in a penal sum of a minimum of five percent (5 %) of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City as liquidated damages in the event the successful bidder fails to enter into a contract within fourteen (14) calendar days and, when required, post bond satisfactory to the City insuring the ait�-erlormance of the contract and maintenance of said work, if required, pursuant to the provisions of the bid documents and other contract documents. The amount of the check, draft or bond shall not constitute a limitation upon the right of the City of Iowa City, Iowa, to recover for the full amount of such damage. Security deposits of the lowest two (2) or more bidders may be retained pending contract award or rejection. All other security deposits will be returned promptly. 2, PERFORMANCE BOND. When required, the successful bidder shall urnis a bond in t e amount of one hundred percent (100 %) of the contract price, said bond to be issued by a responsible surety approved by the City and shall guarantee the prompt payments of all materials and labor and protect and save harmless the City from claims and damages of any kind caused by the operation of the contract, and shall also guarantee the maintenance of the improvement for a specified period following its completion and acceptance by the City. A letter of Irrevocable Credit from a responsible lending agency approved by the City, for the same guarantee(s) as noted above, may be submitted for approval. The City reserves the right to accept or reject this form of guarantee. 3. INSURANCE REQUIREMENTS. When required, the successful i er shall provide insurance as o ows: a. Certificate of Insurance; Cancellatiowpr.Modification Before commencing work, the Contractor shall' submit to the City for approval of a Certificate of Insurance meeting the requirements specified herein, to be in .effect for the full..+ contract period. i li - <n The Contractor shall notify the City in writing at least thirty (30) calendar days prior to any change or cancellation of said policy or policies. Cancellation or modification of said policy or policies shall be considered just cause for the City of Iowa City to immediately cancel the contract and /or to halt work on the contract, and to withhold payment for any work performance on the contract. b. Minimum Coverage Any policy or policies of insurance purchased by the Contractor to satisfy his /her responsibilities under this contract shall include contractual liability coverage, and shall be in the following type and minimum amounts: Per Per Type Person Accident Comprehensive General Liability (1) Bodily Injury $250,000 $500,000 (2) Property Damage $100,000 Motor Vehicle Liability & Property Damage Insurance: (1) Bodily Injury $250,000 $500,000 (2) Property Damage $100,000 Worker's Compensation Insurance as required by Chapter 85, Code of Iowa. C. Hold Harmless: Endorsement Required (1) The Contractor shall indemnify, defend and hold harmless the City of Iowa City and its officers, employees, and agents from any and all liability, loss, cost, damage, and expense (including reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of any claims, actions, or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operations under this Contract, whether such operations be by himself or herself or by any Subcontractor or by anyone directly or indirectly employed by either of them. (2) Contractor is not, and shall not be deemed to be, an agent or employee of the City of Iowa City, Iowa C. SPECIFICATIONS 1. FORMAL SPECIFICATIONS. The bidder shall abide by and comply with the true intent of the specifications (not take advantage of any unintentional error or admission). Whenever herein mention is made of a commodity and /or service to be provided in accordance with laws, ordinances, building codes, underwriters' codes or similar expressions, the requirements of these laws, ordinances, etc., shall be construed as the minimum requirements of the specifications. The absence of a written list of deviations submitted with the bid shall hold the bidder strictly accountable to the City and to the specifications as written. Any unauthorized deviation from the specifications may be grounds for rejection of the commodity and /or service when delivered. 2. PROPOSED ALTERNATE. When an item is identified in the bid document Fy a manufacturer's name or catalog number, it is understood that the bidder proposes to furnish the commodity and /or service so identified by the City unless the bidder specifically proposes an alternate. In bidding on a proposed alternate, the bidder shall clearly state on his /her bid exactly what he /she proposes to furnish, and forward with his /her bid, a complete description of the proposed alternate, including brand, model number, drawings, performance and test data, references, and any other information necessary for a complete evaluation. Bidder shall include a statement setting forth any changes in other materials, equipment, or other work which would be required by incorporation of the proposed alternate. The burden of proof of the merit of the proposed alternate is upon the proposer. The City's decision to approve or disapprove of a proposed alternate shall be final. 3. ADDENDUM TO SPECIFICATIONS. Any substantive interpretation, correction or c ange o the bid documents shall be made by addendum to bidders of record. Interpretation, corrections or changes of the bid documents made in any other manner shall not be binding, and bidders shall not rely upon such interpretations, corrections or changes. Any addendum shall be issued within a reasonable time prior to the bid date. 4. Year 2000 Compliance The product(s), when used in accordance with its specifications and documentation, shall: Identify and process date and time data without causing any processing interruptions, abnormal terminations or changes in performance level, characteristics or functionality of the product(s), and, Identify, process and manipulate all date and time data related functions correctly (including leap year calculations, day -in -year calculations, day -of- the -week calculations, and week -of- the -year calculations), and, Correctly handle date and time related data, before, on and after January 1, 2000, including, but not limited to accepting input, providing date data output (if applicable), and performing outgoing operations on dates and portions of dates, including but not limited to calculating, comparing and sequencing of dates (in both forward and backward operations spanning century boundaries), and, Correctly store and provide output of all date and time data in a manner that is unambiguous as to century. D. AWARD OF CONTRACT 1. AWARD OR REJECTION OF BIDS. Unless otherwise specified, the contract shall e awarded to theT responsible and responsive bidder complying with the provisions of the bid documents, provided the bid price is reasonable and it is in the best interest of the City to accept it. The City reserves the right to reject any and all bids, to accept in whole or in part, to add or delete quantities, to waive any informalities in bids received, and to accept or reject any bid which deviates from specifications when in the best interest of the City. The City also reserves the right to reject the bid of any bidder who has previously failed to perform properly or complete on time contracts of a similar nature, or a bid from a bidder who, investigation shows, is not in a position to perform the contract. In determining a bidder's responsibility, the ;City may consider the following qualifications, n( addition to price: (F n The quality, availability, adaptability and life cycle costing of the commodities and /or service. Guarantees and warranties. Ability, capacity and skill to provide the commodities and /or service required within the specified time. Ability to provide future maintenance and service. Character, integrity, reputation, experience and efficiency. Quality of performance of previous and /or existing contracts. Previous and existing compliance with laws and ordinances relating to contracts with the City and to the bidder's employment practices. (-) Whether the bidder is in arrears to the City, in debt on a contract or is a defaulter on surety to the City. 1 -) If reasonable doubts arise as to bidder's solvency, the City reserves the right to require financial information sufficient to show solvency and /or require a performance bond. W Such other relevant information as may be secured by the City. In determining a bidder's responsiveness, the City shall consider whether the bid conforms in all material respects to the bid documents. 2. LOCAL PURCHASES. Unless otherwise specified, cost and other consi erations being equal, local firms 75. an office in Iowa City) shall be given first consideration for the purchasing of goods or services. 3. STATE OF IOWA RESIDENT BIDDER PREFERENCE. By virtue or statutory authority, preference will a given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act (SF 2160) applies to the contract with respect to bidders who are not Iowa residents. 4. FEDERAL TRANSIT FUNDS. Purchases utilizing Federal ransn un s are not a igi a or local or state purchase consideration. 5. TIE BIDS. if two or more bidders submit identical bids an t ar e�y qualified, the City's decision to make award to one or more of such bidders shall be final. 6. ERRORS IN BID. Any ambiguity in any bid as a result 0 o�misso, n erro�ck of clarity or non - compliance by the bidder with specifications, instructions and all conditions of bidding shall be construed in the light most favorable to the City. Erasures or changes in bids shall be initialed. 7. CONTRACT AWARD. A written award in the form of a Purchase r er or of er instrument shall result in a binding contract without further action by either party. E. GENERAL CONTRACT PROVISIONS 1. INSURANCE /PERFORMANCE BOND. When required, current Certificate of nsurance an or erformance Bond in the amounts specified shall be on file with the City before work can commence. 2. AVAILABILITY OF FUNDS. A contract shall be deemed executory only tote extent of appropriations available to each department for the purchase of such commodities and /or service. The City's extended obligation on these contracts which envision extended funding through succes- sive fiscal periods shall be contingent upon actual appropria- tion for the following fiscal year. 3. CONTRACT ALTERATIONS. No alterations or variables in the terms o a contract s a a valid or binding upon the City unless authorized in writing by both parties. 4. SUBLETTING OF CONTRACT. Contractor shall not assign, transfer, convey, sublet or otherwise dispose of his /her contract or his /her right, title or interest therein, or his /her power to execute such contract, to any other person, firm or corporation, without the prior written consent of the City, but in no case shall such consent relieve the Contractor from his /her obligations, or change the terms of contract. S. CONTRACT PERIOD. Contract shall remain in force for a full period specified and until all commodities and /or services ordered before date of termination shall have been satisfactorily delivered and accepted and thereafter until all requirements and conditions shall be met, unless: a. Extended upon written authorization of the City and accepterTFy—contractor, to permit ordering or - unordered balances or additional quantities at c9ht1act prices and in accordance with contract terms. - b. Extended upon written authorization -of the City and accepted-Ey' —contractor, for a period negotiated and-agreed- upon by both parties, when in the best interest of the'City..,,..a e. Terminated due to default, as described below. 1 r - 6. DEFAULT. The contract may be cancelled or -annulled by the uity m whole or in part by written notice of default to the Contractor upon non - performance, violation of'contract terms, delivery failure, bankruptcy or insolvency, or the making of an assignment for the benefit of creditors. An award may then be made to next low bidder, or when time is of the essence, similar commodities and /or service may be purchased on the open market. In either event, the defaulting Contractor (or his /her surety) shall be liable to the City for cost to the City in excess of the defaulted contract price. 7. DELIVERY FAILURES. Failure of a contractor to provide commodities and/or service within the time specified, unless extended in writing by the City, or failure to replace rejected commodities and /or service when so directed by the City shall constitute delivery failure. When such failure occurs the City reserves the right to cancel or adjust the contract, whichever is in the best interest of the City. In either event, the City may purchase in the open market commodities and /or service of comparable worth to replace the articles of service rejected or not delivered. On all such purchases, the Contractor shall reimburse the City, within a reasonable time specified by the City, for any expense incurred in excess of contract prices, or the City may deduct such amount from monies owed the Contractor. If the contract is not cancelled, such purchases shall be deducted from contract quantities. The City reserves the right to accept commodities and /or service delivered which do not meet specifications or are substandard in quality, subject to an adjustment in price to be determined by the City. The Contractor shall not be liable in damages for delivery failure when such failure is the result of fire, flood, strike, act of God, act of government, act of an alien enemy or any other circumstances which, in the City's opinion, is beyond the control of the Contractor. Under such circumstances, however, the City may at its discretion cancel the contract. B. NEW GOODS. FRESH STOCK. All contracts, unless otherwise specs e , Shall produce new commodities, fresh stock, � test mho el,, design or pack. 9. PROFESSIONAL WORKMANSHIP. Professional work- manship shall meet or exceed existing industry standards. 10. GUARANTEE. Unless otherwise specified, the Contrac- toll Unconditionally guarantee the materials and work- manship on all equipment furnished by him /her for a mini- mum period of one (1) year from date of acceptance of the items delivered and installed. If, within the guarantee period, any defects or signs of deterioration are noted which in the City's opinion are due to faulty design, installation, work- manship, or materials, the Contractor, upon notification and at his /her expense, shall repair or adjust the equipment or parts to correct the condition or he /she shall replace the part or entire unit to the complete satisfaction of the City. These repairs, replacements or adjustments shall be made only at such time as shall be designated by the City as least detri- mental to the operation of the City business. Regardless of any statement to the contrary, the Contractor agrees that the implied warranty of merchantability and fitness for a specific purpose is not disclaimed. 11. INDEMNITY. The Contractor shall indemnify, defend anan t�Tess the City of Iowa City and its officers, employees, and agents from any and all liability, loss, cost, damage, and expense (including reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of any claims, actions, or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operations under this Contract, whether such operations be by himself or herself or by any Subcontractor or by anyone directly or indirectly employed by either of them. Contractor is not, and shall not be deemed to be, an agent or employee of the City of Iowa City. Contractor further agrees to: a. Save the City, its agents and employees harmless from is i ny o any nature or kind for the use of any copyright or uncopyright composition, secret process, patented or unpatented invention, article or appliance furnished or used in the performance of the contract of which the Contractor is not the patentee, assignee, licensee or owner. b. Protect the City against latent defective material or wor mans ip an to repair or replace any damages or marring occasioned in transit or delivery. C. Furnish adequate protection against damage to all work and to repair damages o any end, to the building or equip- ment, due to contractor's own work or to the work of other contractors, for which he /she or his /her workers are responsible. d. Obtain all Permits, licenses and fees and give all notices anU__c_o_m_pTy_­wFth all laws, ordinances, rules and regulations of the City, the State of Iowa, and the Federal Government. 12. OSHA REQUIREMENTS. All commodities and /or service shall satis actor y comply with applicable OSHA regulations in effect at the time commodities are shipped and /or the service is performed. Material Safety Data Sheets (MSDS) are required in , accordance with applicable regulations. 13. NON - DISCRIMINATION. Contractor shall not discriminate against any employee or applicant for employment or any member of the public because of race, color, creed, religion, national origin, sex, gender identity, sexual preference, disability, marital status, or age, in keeping with the Equal Employment Policy Statement included in the City's Vendor List Application form, or otherwise commit an unfair employment practice. Contractor further agrees that this non - discriminatory agreement shall be incorporated by the Contractor in all contracts entered into with suppliers of commodities and /or services, contractors and subcontractors, and all labor organizations furnishing skilled, unskilled and craft union skilled labor, or who may perform any such labor or services in connection with this contract. DELIVERY PROVISIONS 1. CARTAGE. All items shall be delivered F.O.B. destination, and delivery costs and charges included in the bid unless otherwise stated in the specifications or proposal. 2. RESPONSIBILITY FOR COMMODITIES AND /OR SERVICE DELIVERED. e Contractor shall a response e or any commo i s and /or service covered by this contract until they are delivered at the designated point, but the Contractor shall bear all risk for rejected commodities and /or service after written notice of rejection. Rejected commodities and /or service shall be removed and /or replaced by and at the expense of the Contractor promptly after written notification of rejection, unless public health and safety require destruction or other disposal of rejected delivery. Upon Contractor's failure to do so within thirty (30) calendar days after the date of notification, the City may return the rejected commodities to the Contractor and /or replace services at the Contractor's risk and expense, or the City may dispose of them as its own property. 3. INSPECTIONS. Final inspection of commodities and /or service s aWTe conclusive except as regards latent defects, fraud, or such gross mistakes that amount to fraud. Final inspection and acceptance or rejection of the commodities and /or service shall be made within a reasonable time after delivery, but failure to inspect and accept or reject commodi- ties and /or service shall not impose liability on the City if such commodities and /or service are not in accordance with the specifications. All delivered commodities shall be accepted subject to inspection and physical count. 4. TIME OF DELIVERY. Bidders shall guarantee delivery of supplies in accordance with such delivery schedule as may be provided in the specifications and proposals. Deliveries will be accepted between 8:30 a.m. and 3:30 p.m. on weekdays only. No deliveries shall be accepted on Saturdays, Sundays or holidays, unless otherwise authorized. 5. PACKING SLIPS OR DELIVERY TICKETS. All shipments or deliveries shall a accompanied by packing slips or delivery tickets and shall contain the following information for each item delivered: Purchase Order number. Name and Address of Ordering Department /Divisions. Name of the Contractor. -- Commodity name. Supplier's stock number. Quantity ordered. - - Quantity and date shipped. Quantity back ordered. -' Vendors are cautioned that failure to; comply with these conditions may be considered sufficient reason fps - iefusal to accept the commodities and /or for delay in payment. G. PAYMENT PROVISIONS 1. PAYMENT TERMS. Payment may be made only after inspection and acceptance by the using department and, when required, approval by the City Council. No partial payments s1 aTBe made unless otherwise authorized by the City, or unless commodities were constructed, erected, installed or tested on site, in which case payment shall be made on the basis of a percentage of the value of all work performed less any previous payments. Payment of balances shall be made only after approval and final acceptance by the City. 2. WITHHOLDING PAYMENT. Consideration for Withholding payment shall include faulty materials, equipment, or workmanship, back orders, and liens that have been filed, or evidence indicating a possible filing of claims. In all cases, regulations and limitations imposed by the Federal Government and State of Iowa shall prevail. 3. INVOICING. Following acceptance, payment shall be made wt ittFin MiFty (30) calendar days from receipt of proper invoice. Invoice shall include bid number, purchase order number, department name, dollar amount, and any other pertinent information. Submit invoice in duplicate to: Accounting Division City of Iowa City Civic Center - 410 E. Washington St. Iowa City, Iowa 52240 4. TAXES. The City of Iowa City is exempt from all ee e aT, —ate of Iowa and other states' taxes on the purchase of commodities and services used by the City of Iowa City within the State of Iowa. The Purchasing Division shall provide tax exemption certification to out -of -state suppliers as required. Out -of -state taxes imposed on purchases of commodities and /or services which are used within another state are applicable and subject to payment. Contractors shall bill the City Accounting Division, including tax, for contracts pertaining to the alteration, construction or repair of real property. The Contractor shall provide the necessary Iowa Department of Revenue Contractor's Statement (one contractor's statement for each subcon- tractor). The Accounting Division shall then contact the State of Iowa for tax reimbursement. Contractors and subcontractors shall pay all legally required sales, consumer and use taxes on all commodities and /or services purchased or rented to complete their contract. tinpurch \gencobid.doc I 1 - "l J CITY OF IOWA SECTION I SECTION II SECTION III SECTION IV TABLE OF CONTENTS PAGE General Policy Statement 1 Assurance of Compliance 2 Suggested Steps to Assure 9 Affirmative Action Definitions 12 ,, r SECTION I - GENERAL POLICY STATEMENT It is the policy of the City of Iowa City to assure equal employment opportunity in all City contract work. This policy prohibits discrimination by the City's contractors, subcontractors and vendors, and requires them to take affirmative action to ensure that applicants employed or seeking employment with them are treated equally without regard to race, color, creed, religion, national origin, sex, sexual preference, disability, marital status, and age. It is our intention to administer this policy in such a manner as to assist employers who are contractors or subcontractors with the City in designing and implementing Affirmative Action Programs so that all citizens will be afforded equal accessibility and opportunity to gain and maintain employment. PROVISIONS: 1. All vendors requesting to do business with the City, and all City contractors, subcontractors, and consultants, must submit an approved Equal Employment Opportunity Statement.. 2. All City contractors, subcontractors or 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 are exempt from this provision. 3. Contracting departments are responsible .for assuring that City contractors, subcontractors and vendors are made aware of their EEO /Affirmative Action reporting responsibilities and receive the appropriate reporting forms. A notification of requirements will be included in any requests for proposal. 4. Prior to commencement of work, the completed Equal Employment Opportunity Statement or required material must be received and approved by the City. 5. Contractor compliance during the course of the contract with the City of Iowa City will be monitored by the contracting department. 6. Once a contractual relationship exists between a contractor and the City, as with any contractual provision, the City retains the right to withhold payment on a contract pending satisfactory performance in the areas of Equal Opportunity and Affirmative Action outlined at the time of contract award and/or to disqualify a contractor from future bidding for a specified period of time. SECTION II - ASSURANCE OF COMPLIANCE The following sets forth the minimum requirements of a satisfactory Affirmative Action Program which will be reviewed for acceptability. PLEASE RETURN PAGES 2 THROUGH 5 OF THIS SECTION TO THE CONTRACTING DEPARTMENT PRIOR TO THE EXECUTION OF THE CONTRACT. c_ CONTRACTOR, PLEASE CHECK THE APPROPRIATE STATEMENT: 1. This contract is federally funded (paragraphs a -g apply) 2. This contract is not federally funded (paragraphs a -c apply)'-,.,,. .? During the performance of this contract, the contractor agrees as follows: "(For the purposes of these minimum requirements, "contractor" shall include consultants and subcontractors.) a. The contractor will not discriminate against any employee or applicant for eeployment because" oT race, color, creed, religion, national origin, sex, sexual preference, disability, marital status, and age. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, sexual preference, disability, marital status and age. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. b. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, national origin, sex, sexual preference, disability, marital status, and age. C. The contractor will send to each labor union or representative of workers ww7tth w or she has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The contractor will COT21,y with all provisions of Executive Order No. 11246 of September 2c, the rules, regulations, and relevant orders of the Secretary of Labor. e. The contractor will furnish all information and reports required by Executive Order so. T 2-4-6of­�eptember 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his or her books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 3 f. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or wTt—h any of such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government . contract$ in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g. The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, "that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect.the interests of the United States. Yes No 3. Have you written an Equal Employment Opportunity policy statement? _ a. If YES, where is this statement posted? b. Please provide a copy.* i NOTE: Sample statements are available upon request. x�< 4. What is the name of your Company's Equal Employment Opportunity Officer? (Please print) Phone number Yes No 5. The undersigned agrees to display the following posters at the worksite, conspicuously placed, for the duration of the contract. _ EEOC /OFCCP Poster Age Sias Poster Wage Discrimination Poster NOTE: The City can provide assistance in obtaining the necessary posters. 1 I I 4 2i T L9 O O � r y N N d N CL rt � a _ A O R d Q J n N C J N rt 7 .Q R S N rt a J N O' N O 2 v_ fD a N fD N mi O S N i z N G C] 1 .r O z N a 7 a v m T z 1 2 N O v a A N ON 1 co pr d w n O w co rt �% N J = m= \ n N_ a H ,. C N v O n N w ° v O° fD " N 7 9 y d O \ N J N w r yr J H H N m a N yr .° J J y re 0. N d J A N O R d J T N a J m N X J rr m v d J r N < Z. m R T w ° m �in A N e �t S 7 O y w N CIO R _ O vd+ H Rao ° ��—io R jr A N z � � O T m o-a 10 A d T T J y zm v n 0 r d v p� 8 d fD OC N A O 3 zd -.4 �o 7 R A t 0 z 2i T L9 O O � r y N N d N CL rt � a _ A O R d Q J n N C J N rt 7 .Q R S N rt a J N O' N O 2 v_ fD a N fD N mi O S N i z N G C] 1 .r O z N a 7 a v m T z 1 2 N O v a A N ON 1 co 7. How do you currently inform applicants, employees, and recruit- ment sources of your equal employment opportunity policy? Yes No 8. Do you provide a working environment free of harassment and intimidation for your female and minority employees? 9. Do you provide nonsegregated facilities and company activities for all employees? 10. If you rely in whole or in part upon unions as a source of your workforce, are they aware of your commitment to affirmative action and equal employment? a. How do you make them aware of this commitment? l r —, :rS , The above responses to questions 1 through 10, are true and correctly reflect our affirmative action and equal employment policies. The employment figures and goals contained within the Table (N6) are true and accurate and we will make every effort to achieve the goals which we set. Firm /Company Name Signature Print Name one Number Title Date NOTE - PAGES 2 THROUGH 5 ARE TO BE RETURNED TO THE CONTRACTING DEPARTMENT PRIOR TO EXECUTION OF THE CONTRACT. INSTRUCTIONS for completing the chart located on page 4, question k6, GOALS & TIMETABLES. 1. Complete the EXISTING EMPLOYMENT section. Job Classification definitions appear on pages 7 & 8. 2. The statistics located below, indicate the AVAILABILITY of women and minorities in your recruitment area. Compare these statistics with your current employment figures. If statistics are available per job classification, then make your comparisons in that manner, if the statistics are not broken down, compare your total minority and female work force figures with the total availability statistics. i) Johnson County labor force statistics: 2.05% minority 44.04% female ii) A more detailed breakdown by job classification may be available for your location. This information may be obtained from the Civil Rights Specialist. 3. If your current employment percentages for women and minorities, either in a particular job classification or as a whole, is lower than- the statistics indicate is available, then UNDERUTILIZATION of either minorities or females exist. 4. If UNOERUTILIZATION exists, determine the 'number of women or minorities needed to make your work force percentages equal to the availability statistics. This figure represents your GOAL to increase minority and female representation. If you do not have statistics by job classification set a goal in the job classification you are most likely to have employee movement in. S. When, during the length of the contract, will you attempt to achieve this goal? - that is called a TIMETABLE, and should appear in the GOALS TO INCREASE MINORITY AND FEMALE EMPLOYMENT SECTION. NOTE - DEFINITIONS for capitalized words in the above narrative, appear in Section IV of this document. JOB CLASSIFICATION DEFINITIONS - TO BE USED IN COMPLETION OF QUESTION 86, pg. 4 1. Managers and Administrators: Occupations requiring administrative personnel who set broad policies, exercise overall responsibility for execution of these policies, and direct individual departments or special phases of a firm's operations. Includes: officials, executives, middle management, plant managers, department managers, superintendents, salaried supervisors who are members of management. 2. Professionals nd Technicians: Professionals are considered to be persons working in occupat ons requiring either college graduation or experience of such kind and amount as to provide a comparable background. 3. Technicians: Technicians are those whose work requires a combination of basic scientific knowledge and manual skill which can be obtained through about two years of post high school education, such as is offered in many technical schools and junior colleges, or through equivalent on-the-job training. 4. Office and Clerical: All clerical -type work regardless of the level of difficulty, where the activities are predominantly non - manual, though some manual work not directly involved with altering or transporting the products is included. Includes: bookkeepers, cashiers, collectors, messengers, office helper, office machines operator, shipping and receiving clerk, stenographers, typists, secretary, telephone operators. . 5. Skilled Crafts: Manual workers of a relatively high skill level, having a thorough an— comprehensive knowledge of the processes involved in their work. They exercise considerable independent judgment and usually receive an extensive period of training. Includes: building trades, hourly paid foremen and leadmen. who are not members of management, mechanics and repairmen, skilled machinery occupations, electricians. 6. Sales Workers: Occupations engaged wholly or primarily in direct selling. Includes: advertising agents and sales agents, insurance agents and { brokers, real estate agents and brokers, sales agents and sales clerks,'" grocery clerks, cashier - checkers. 7. Operatives (Semi- skilled): Workers who operate machine or processing -. equipment br perform other factory -type duties of an intermediate `skill level .which can be mastered in a few weeks and require only limited training. Includes: apprentices, operatives, attendants, delivery and route drivers, truck and tractor drivers, dressmakers, weavers, welders. Laborers (Unskilled): Workers in manual occupations which generally retire no special training. They perform elementary duties which may be learned in a few days and which require the application of little or no independent judgment. Includes: garage laborers, car washers, gardeners, lumber workers, laborers performing lifting, digging, mixing, loading and pulling operations. 9. Service Workers: Workers in both protective and non - protective service occupations- includes: attendants, clean-up workers, janitors, guards, waiters and waitresses. 10. Apprentice: Persons employed in a program including work training and related instruction to learn a 'trade or craft which is traditionally an apprenticeship, regardless of whether the program is registered with a Federal or State agency. E 11. Trainees (On-the-job): Production... persons engaged in formal trainiro Tor cra tsperson when not trained under apprentice programs, operative laborer, and service occupations. MINORITY GROUP IDENTIFICATION American Indian or Alaskan Native: all persons having origins in any of th, original peoples of North Amer ca and who maintain cultural identificatioi through tribal affiliation or community recognition. Asian and Pacific Islanders: all persons having origin in any of the origina peoples of the Far East, Southwest Africa, the Indian Subcontinent, or the Pacific Islands. Black: all people having origins in any of the Black African racial groups no' H spanic origin. Caucasian: (Not of Hispanic origin), includes persons having origins in any o' the�ginal peoples'of Europe, North Africa, or the Middle East. Hispanic: all persons of .Mexican, Puerto Rican, Cuban, South or Centra American, or other Spanish Culture or origin, regardless of race. These definitions and identifications should be retained for future use. -- SECTION III - SUGGESTED STEPS TO ASSURE AFFIRMATIVE ACTION COMPANY POLICY Determine your company's policy regarding equal employment and affirmative action. Write this policy out 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. This responsibility should include: -correcting any and all discriminatory practices and conditions which presently exist - taking appropriate remedial actions to correct past inequities -taking a results-oriented approach, in other words, affirming the policy through actual minority and female hires and by maintaining a "single standard" principle in your unit so that employees are evaluated, recognized, developed and rewarded on a fair and equitable basis. In regards to dissemination of this policy, this can bedone through the use of. letters to all recruitment sources and subcontractors, personal contacts, and employee meetings. 2. EQUAL EMPLOYMENT OPPORTUNITY OFFICER Designate an equal employment opportunity officer or; at minimum' someone should be given the responsibility of adminiSterind and promoting your company's affirmative action program.,,!- This 'person should be placed within your organizational structure so as to emphasize the importance of the program. 3. INSTRUCT STAFF Your company personnel staff should be aware of and required to abide by your affirmative action program. All employees authorized to hire, supervise, promote and discharge employees or recommend or are involved in such actions should be trained and made to comply with your policy and the current equal employment opportunity laws. 4. RECRUITMENT (A) Let potential employees know you are an equal employment opportunity employer. This can be done by identifying yourself on all recruitment advertising as "an equal employment opportunity employer ". (8) Use recruitment sources that are likely to yield minority and female group applicants. Word-of -mouth recruitment will only 10 perpetuate the current composition of your workforce. Recruitment sources that fail to send minorities and females should be evaluated for continued use. Send all recruitment sources a letter annually which reaffirms your commitment to equal employment opportunity and requests their assistance in helping you hire minorities and females. (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 affirmative action goals. (E) Periodically review job descriptions to make sure they actually reflect major job functions and do not require higher qualifications. (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 competence for performing the job applied for ?" (G) Only use job- related tests which do not adversely affect any . particular group of people. (H) Carefully monitor interviews and interviewees' actions. Biased and subjective judgments in personal interviews can be a major source of discrimination. 5. APPRENTICESHIP AND OTHER TRAINING "1 Where applicable, you should assure that full use will be _made of any existing labor /management sponsored programs designed {for the purposes of recruiting and training minority and female, applicants',_. and employees. 6. MONITOR ALL POLICIES AND PRACTICES In order to assure your policy is effective, at least twice per-year a review of the following should occur: — - APPLICANT FLOW - a record for each applicant, indicating the person's name, race, sex, referral source, date of application, position applied for, and disposition (hired or not hired) -HIRES by race, sex, department, job title and starting salary - PROMOTIONS and TRANSFERS by race and sex DISCHARGE and TERMINATIONS by race, sex, reason for discharge and termination. Review of the above information will allow you to determine discrepancies that exist, if any, within your work place. Such discrepancies could include different starting salaries for men and women doing similar jobs, inconsistent and arbitrary discharges or 11 .promotions and transfers. Furthermore, a review of this information could indicate a need to either seek additional or new recruitment sources to obtain a wider selection of applicants. NOTE: Forms for monitoring practices and policies are available upon request from the City's Civil Rights Specialist SET GOALS Once the policy has been determined, and the practices are monitored accordingly to determine actual results, goals may need to be set if your workforce still falls short of having a representative number of minorities and females relative to their availability in the community. Goals to hire or promote minorities and females should be set once per year and these goals should be communicated to the appropriate employees. Increasing and /or improving your minority and female workforce representation can also occur through improved hiring and selection procedures; which have already been discussed, and through non - biased promotion, transfer and training policies. In regards to the latter three, 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 employees to bid on them. i � j 12 SECTION IV - DEFINITIONS The definitions typed in all capital letters refer directly to the City's contract compliance program. The other definitions are for your own information. AA: Affirmative Action AAP: Affirmative Action Program - an active, planned effort to bring more'' minorities and women into the organization at all levels through . non- discriminatory hiring and promotions, and to apply the same benefits` and opportunities to all workers. The affirmative action program is`,'' the practical action taken to implement the equal employment policy. ADVERSE IMPACT: A company may have a policy which, although applied neutrally, has a negative or adverse impact upon a particular group of employees. An example would be a minimum height requirement that is not job- related and could possibly eliminate a high percentage of Orientals and women. APPLICANT FOR EMPLOYMENT: A person who completes a formal application form, or by some other means (resume, letter, request, etc.) indicates a specific desire to be considered for employment. An APPLICANT LOG should record requests for employment made in person whether or not an application form is completed. APPLICANT FLOW DATA OR APPLICANT LOG: A numerical compilation of employment applicants showing the specific numbers of each racial, ethnic and sex group, who applies for each job title (or group of job titles requiring similar qualifications) during a specified time. AVAILABILITY: The percentage of minorities or women who have the skills required for entry into a specific job or classification, or who are capable of acquiring the required skills. BFOQ-Bona Fide Occupational Qualifications: The law allows employers to hire or promote by sex in rare cases where a worker of a certain sex is really needed for the job. This is interpreted narrowly, to mean that sex - related anatomy is required - for instance, it is legal to hire a man if you need a bass singer or a male model; a woman if you need a soprano or a model for women's clothes. It is not legal to specify a man for so- called "heavy" work; if it can be proved that there is no woman who can do the work; BFOQ may exist. The problem with the BFOQ is that employers may be trapped by stereotyped thinking into a belief that a job can only be done by one sex when that is not necessarily true - and the employer is then vulnerable to discrimination complaints. It is safer to test the capacity of individual applicants; regardless of sex, making 13 sure-that you test only for the qualities required by the job and not for more strength (or whatever) than is actually required. BLACK: The preferred term for people of Afro-American heritage. The term is a philosophy of life that indicates pride in the African heritage and culture, unlike the more outdated and sometimes derogatory terms "Negro" or "colored person." BUSINESS NECESSITY: A term sometimes used by employers who argue that sex is a BFOQ for a given job. Title VII gives "business necessity" to the BFOQ by saying, in Section 703(e): "It shalt not be an unlawful employment practice for an employer to hire... classify... or employ any individual... on the basis of his religion, sex, or national origin in those certain instances where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise." This is narrowly interpreted. For instance, one airline claimed flight attendants or stewardesses had to be women because a survey showed that passengers wanted comforting and friendliness from stewardesses, and women were better constituted than men to be comforting and friendly. The Court said this was not a business necessity. The airline was in business to transport people safely from one place to another. The flight attendant's job was not connected with the airline's major function and the "business necessity" arguments could not be used. Even if the flight attendants were all male and all surly, the airline could carry on, its normal operation of.safe transport. r. CHICANO: A male Mexican - American. The female is called "Chicana." Both are included in the larger group known as SSA's, or Spanish-surnamed' Americans. 1 CIVIL RIGHTS ACT OF 1964: Overall, the Act outlaws discrimination against women and minbritie in employment, voting, public accommodations, public education, the' use of public facilities, etc. This is a Federal act passed by the U.S. Congress. For affirmative action purposes, the point of interest is Title VII of the Act, which prohibits discrimination in employment and creates the federal Equal Employment Opportunity Commission (EEOC) for enforcement purposes. Title VII was amended in 1972 to broaden the number of private employers. In addition, the EEO Act included state and local governments and political subdivisions under Title VII coverage, prohibited discrimination in Federal employment with enforcement given to the U.S. Civil Service Commission, and created a central coordinating body between all antidiscrimination enforcement agencies. 14 COMPLIANCE: As used in this document, compliance refers to employment practices which are in line with the Iowa City Contract Compliance requirements.. These requirements are indicated on pages 1-5. CONFIDENTIALITY: Information or reports obtained by or submitted to the Civil Rights Specialist in the course of monitoring the City of Iowa City Contract Compliance Program will not be disclosed to the public when such disclosure would serve no public purpose and would'give advantage to competitors of the contractor from whom the report has been received; however, such information may be disclosed to a governmental agency conducting an investigation involving alleged illegal discriminatory practices and the contractor or parties charged in accordance with the Iowa City ordinance pertaining to Human Rights. CONTRACTING DEPARTMENT: The City of Iowa City department that is handling the particular contract. DEPARTMENTAL SENIORITY: In some companies, disadvantaged workers have traditionally been isolated in a few departments where jobs were poorly paid and promotional opportunities were nonexistent. The only way out was to transfer to another department, but some companies and unions specified as part of their collective bargaining agreements that Workers who transferred could not carry their accrued seniority into the new departments. Instead, they had to begin as if they were newly hired workers. Disadvantaged groups have challenged policies of departmental seniority, saying the policies tend to lock them into the old departments and minimize their opportunity. Courts have generally agreed with the complaining workers. Furthermore, if the employer's intent is not discriminatory but the effect of the system is discriminatory; and if the employer is so notified but does not change the seniority system, the EEOC will deduce that the employer intended to discriminate. Antidiscrimination agencies and disadvantaged workers prefer plantwide seniority, which allows workers to maintain the seniority they have earned from the date of hire if they transfer to new departments. DISCRIMINATION: Illegal treatment of a person or group whether intentional or unintentional based on race, color, sex, age, nation) origin, religion, creed, marital status, sexual preference or disability. The term also includes the failure to remedy the effects of past discrimination. <'S DISPARATE TREATMENT: Unequal or dissimilar treatment of employees similarly situated because of their race, sex, age, or other impermissable basis: 15 EEO: - A general term meaning "equal employment opportunity." EEOC: The Equal Employment Opportunity Commission, a federal agency ' created by Title VII to enforce the Civil Rights Act of 1964.' It . also enforces the amendments passed in the EEO Act of 1972. Tlie Md'-'• does not perform routine compliance reviews. Generally, it acts only when a complaint is filed against an employer by an aggrieved job applicant, employee, group of employees, or organization authorized to represent aggrieved employees. EEO -1 FORM: A form which must be filled out by rip 'vate employiers with 100 or more employees and sent to the EEOC once a year Employers report how many minorities and women they have as officials and managers; professionals; technicians; sales personnel; office and clerical workers; skilled craftsmen; semi: skilled operatives; laborers; service workers. EEO -2 FORM: Corresponding form on apprentices in each trade or craft, broken out by race and sex. This report must be filled out annually by joint labor - management apprenticeshi committees which have five or more apprentices, at least one supporting employer with more than 25 employees and at least one union sponsor with 25 or more members or a union hiring hall. EEO-3 FORM: The same as EEO-2, but filled out each year by local unions. EXECUTIVE ORDER 11246: Issued by President Johnson in 1965. It says employers with government contracts or subcontracts may net discriminate on the basis of race, color, religion or national origin. Sex was omitted in this order, but added by Executive Order. 11375. Therefore, many people refer to this order as "Executive Order 11246 as amended." GOAL: A target number or percent of women and minorities to be hired, promoted or transferred to various job classifications (as defined on pages 7 and 8) within a given period of time. The number is usually computed by the number of available and qualified disadvantaged workers in the labor area. A "goal" should not be confused with a "quota." A quota is a ceiling figure designed to require hiring a certain number of a particular group to the exclusion of others. "We will take y2 to 10% women in this job category but no more." A goal is a floor, a minimum number of people to be included in -- e.g., "we will take at least 10% women in this job category." A quota may be designed t-6- eep things basically as they were, including only token numbers of the "others ". A quota may or may not be appropriate under law, depending on whether past discrimination existed. A goal is designed to alter the status 16 quo over time. Setting and achieving goals turns a company's equal employment opportunity statement into a reality. GOOD FAITH EFFORT: Employers sometimes say they have made a good faith effort in affirmative action but "we could not find any qualified... ". Courts tend to look carefully at this defense on the basis that regardless of intent, if workers have been hurt the law must make them whole. Accordingly, good faith efforts should be made in all areas of employment including but not limited to: a. employment advertisements b. internal and external dissemination of the company's EEO policy and affirmative action program C. designation of a company EEO officer d. development of and implementation of non-biased employment practices (hires, promotions, transfers, discharges, employee benefits, etc.). Employers must keep a written record of such actions in order to show good faith effort. NOTE - For more detailed information please discuss this with the City's Civil Rights Specialist. JOB-RELATED QUALIFICATIONS If an employer says a High School degree is needed for the job, it must be true. The employer may have to prove that it is impossible for the large majority of workers to do the job adequately without a High School degree. At one time, employers often required higher skills than necessary'in a conscious effort to keep out disadvantaged applicants; others required the higher skills without discriminatory intent but the result was the same. The new emphasis on job- related qualifications makes room for employers to demand the skills they do require, but forbids the old, unnecessary escalation. MINORITIES: All persons classified as American'Indian, Alaskan Native, Asian or. Pacific Islander, Black or Hispanic. NEW HIRE: A worker added to an establishment's payroll for the first time. OFCCP: The Office of Federal Contract Compliance Programs, U.S. Department,, of Labor. It is responsible for enforcing Executive Order 11246 as'' amended. — OLD BOY NETWORK: Slang term which refers to hiring by word of mouth, which used to be the way the good job openings were known only by white males. Therefore it was only white males who got them. The word "old" in this usage does not refer to age, but to long acquaintances. Affirmative action tries to weaken the exclusionary effect of the .e 17 network by requiring employers to actively recruit in minority and women's organizations and media, and by requiring goals for the hiring and promotion of minorities and women. PROTECTED CLASS CATEGORIES: Those groups of people protected by the laws against discrimination. In Iowa City, the protected categories are: race, color, creed, religion, sex, age, national origin, disability, marital status and sexual preference. The latter two categories are not included in the area of housing. (Sexual harassment has been determined to be a discriminatory practice affecting both males and females.) RECOMMENDATION FOR COMPLIANCE: The recommendation made by the Civil Rights Specialist to the appropriate persons certifying that a contractor has satisfactorily completed all bid conditions, as specified by the City of Iowa City Contract Compliance Program. RECRUITMENT: A search for job applicants. Help wanted ads and contacting employment agencies are typical recruitment steps. REHIRE: To return a worker to the payroll after a complete break in service. REMEDIAL ACTION: Actions undertaken by an employer to remedy the effects of past discrimination. Often it is affirmative action but in more stringent doses. For instances, if black workers are 25% of the workforce in a contractor's labor area, affirmative action might require that the contractor hire 25% black workers. Remedial action might be to hire 50% black workers until the contractor is at parity, or 25% black, workers in all job categories. REQUISITE SKILLS: Those skills that make a person eligible for consideration for employment in a job. REVISED ORDER: Guidelines issued by the OFCCP outlining what employers must do to comply with Executive Order 11246 as amended. REVISED ORDER 14: Internal guidelines issued by the OFCCP which instruct their own compliance officers in conducting a compliance review. The order also outlines what documents' employers must make available to the government's compliance officer. SELECTION: The hiring process which comes after recruitment and interviews. In this step the employer decides who will get the job. 1 f 7 18 SSA: Spanish - surnamed American. SYSTEMATIC DISCRIMINATION: One or more practices which have many discriminatory off - shoots so that an entire organization screens out disadvantaged workers in the end. An example would be department seniority, described on page 14. TIMETABLES: A time frame within which an employer tries to reach the established affirmative action goals. UNDERUTILIZATION: Employment of members of a race, ethnic or sex group in a job or job group at a rate below their availability within the company's recruitment area. Depending on the job, recruitment area may be local, regional or national. VALIDATION: Process of determining whether tests given for employment in a certain job actually predict good or bad performance on the job. (See "Job-Related Qualifications" on page 16.) Validation is designed to eliminate false criteria which screen out disadvantaged groups. At the same time, validation protects the employer's right to hire only those workers who are qualified. The validation is ordinarily done by an independent 6rganization with expertise in that area. WORD-OF -MOUTH ADVERTISING: Similar to Old Boy Network. Employers run the risk of perpetuating the effects of past discriminatory practices if they maintain a word - of -mouth recruitment policy. Since this policy relies upon current employees informing friends and relatives of vacancies, and since past discrimination often has substantially restricted minority group representation in an employer's workforce, it follows that non - minorities will be included in the flow of information regarding job openings at a higher rate than minorities. Such discrimination may also result from word - of-mouth recruiting, as where information about job openings is disseminated by male department heads limiting the likelihood that females will be apprised of employment opportunities. J Rxeivod d B App e k'9ai � 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, gender identity, marital status, race, religion, sex, or sexual orientation. The anti - discrimination policy extends to decisions involving hiring, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre- apprenticeship and /or on the job training. Further, this Company and its employees will provide a working environment free from such discrimination. All employees are encouraged to refer minority and women applicants and applicants with disabilities for employment. The Equal Employment Opportunity Officer for the is: Name: Address: Telephone Number: NOTE: This is a SAMPLE ONLY. You may wish to confer with your EEO officer or legal counsel to formulate a policy which specifically meets the needs of your company. mgr%asMeeopo" yy - PART III — TECHNICAL SPECIFICATIONS Retainage shall be 5% of the construction cost as limited by Iowa Code, Section 573.12, Subparagraph [1]. hisassAspecsdiv.doc 1 i c� Project Specifications for Iowa City Housing Authority Housing Project: New Three Bedroom Single - Family Dwelling 1605 Dickenson Lane Iowa City, Iowa General Specifications for Lot 98 South Pointe Addition 1605 Dickenson Lane Iowa City, Iowa GENERAL REQUIREMENTS A. General These specifications are the "Streamline" type and, therefore, omission of many such words as "the Contractor shall; the; a; according to the plans; all; etc." is intentional. In all cases, however, omitted words shall be supplied by inference when interpreting any instructions or directions in the specifications. All materials and equipment shown or specified on the plans or in the specifications, or required to complete the project ready for operation shall be provided and securely installed in .place by the Contractor. Provision and installation of materials and equipment shall include everything required for perfect performance, regardless of omission of specific reference on the plans or in the specifications. Materials and equipment in the project shall be new. Workmanship shall be first class. The plans and specifications are basic, and they are presumably correct and complete. Any ambiguity, error or omission which may develop as a result of the requirements of the particular project shall be brought to the attention of, and corrected with the approval of the owner. The Contractor shall comply with all applicable laws of the City of Iowa City and shall be responsible for payment of fees for any permits and licenses required. The building and all related permit fees will be waived by the City. In the event of a conflict between various codes and manuals, the more stringent requirements shall be followed. The project shall be completed by May 10, 2001. = B. Contractor's Responsibility 1. Contractor is expected to provide and pay for: rj �. a. All labor, materials and equipment. b. Tools, construction equipment and machinery. c. Other facilities and services necessary for proper execution and completion of work. d. Legally required sales, consumer and use taxes. e. Permits, Government Fees and Licenses. 2. Contractor is required to give all required notices, comply with codes, ordinances, rules, regulations, orders and other legal requirements of public authorities which bear on- performance of this work. 3. Contractor is to promptly submit written notice to the owner of observed variance of Contract Documents from legal requirements. C. 4. Contractor is to enforce strict discipline and good order among employees. Contractor is not to employ unfit and unskilled persons for the assigned tasks. Neither the Contractor nor his /her subcontractors shall employ any persons whose physical or mental condition is such that his /her employment will endanger the health and safety of himself /herself or others employed on the project. The Contractor shall not commit any of the following employment practices and agrees to include the following clauses in any subcontracts: 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 job performance of such person or employee. 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. 5. It is deemed that each Contractor shall have acquainted himself /herself with the site and conditions under which construction is to be carried on in accordance with the plans and specifications. The Contractor will be held responsible for damage to new or existing work or property caused by improper execution of work or failure to take necessary precautions to prevent damage, and he /she shall repair or replace such damage to the satisfaction of the owner. =r� Insurance - 1. Certificate of Insurance; Cancellation or Modification: a. Before commencing work, the Contractor shall submit. -to' the' Owner for approval a Certificate of Insurance, meeting the, requirements specified herein, to be in effect for the full contract period. b. The Contractor shall notify the Owner in writing at least thirty (30) calendar days prior to any change or cancellation of said policy or policies. C. Cancellation or modification of said policy or policies shall be considered just cause for the Owner to immediately cancel the contract and /or to halt work on the contract, and to withhold payment for any work performed on the contract. 2. Minimum Coverage: a. Any policies or policies of insurance purchased by the Contractor to satisfy his /her responsibilities under this contract shall include J contractual liability coverage, and shall be in the following type and minimum amounts: Type of Coverage (1) Comprehensive General Liability (2) (3) (a) Bodily Injury (b) Property Damage Motor Vehicle Liability & Property Damage Insurance: (a) Bodily Injury (b) Property Damage Class II Each Occurrence Aggregate $500,000 $1,000,000 250,000 Per Person $500,000 Per Accident $1,000,000 250,000 Workers' Compensation Insurance as required by Chapter 85, Code of Iowa. 3. In addition, the Contractor shall be required to comply with the following provisions with respect to insurance coverage: a. The entire amount of Contractor's liability insurance policy coverage limits, identified in the policy and on the Certificate of Insurance, must, under the policy, be available to pay damages for which the insured Contractor becomes liable, or for which the insured assumes liability under the indemnity agreement, 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. b. The entire amount of the Contractor's liability insurance policy coverage limits shall be payable by the Contractor's insurer, with no deductible to be paid by, or self- insured retention to be attributed to, the Contractor unless this requirement is waived by the Owner. Contractor's Certificate of Insurance must set forth the nature and amount of any such deductible or self- insured retention. C. If Contractor's liability insurance coverage is subject to anyspecial:: exclusions or limitations not common to the type of .coverage being provided, such exclusions or limitations shall be noted on the Certificate of Insurance. d. The Owner prefers that Contractor provide it with 'occurrence form" liability insurance coverages. If Contractor can only -provide "claims- made" insurance coverages, then the Contractor must:, comply with the following requirements: (1) If the Contractor changes insurance carriers, or if Contractor's insurance coverage is cancelled, during the contract period or within two years after completion of the _J Contract and Owner's acceptance of the work, Contractor agrees to immediately notify the Owner of such event. (2) If Contractor's insurance is cancelled or is allowed to lapse during said period, Contractor shall be required to obtain replacement insurance coverage to fulfill its obligation hereunder. (3) If, during said period, Contractor involuntarily changes insurance carriers, or is required to obtain replacement coverage from another carrier, Contractor shall either purchase "tail" coverage from its first carrier effective for a minimum of two years after inception thereof, or (2) purchase "prior acts" insurance coverage from its new carrier, covering prior acts occurring during the period of this Contract from and after its inception. (4) "Tail" or "prior acts" coverages so provided shall have the same coverages, with the same limits, as the insurance specified in this Contract, and shall not be subject to any further limitations or exclusions, or have a higher deductible or self- insured retention than the insurance which it replaces. (5) The Owner reserves the right to waive any of the insurance requirements herein provided. The 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. (6) In the event that any of the policies of insurance or insurance coverages 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 loses exhaust the aggregate limits of Contractor's liability insurance, the Owner may in its discretion either suspend Contractor's operations or activities under this Contract, or terminate this Contract, and withhold paymerit;_fpr work performed on the Contract. 4. Hold Harmless; Endorsement Required: r ;s a. The Contractor shall indemnify, defend and hold harmless the Owner, the City of Iowa City, and its officers, employees, a6d agents from any and all liability, loss, cost, damage, and expense (including reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of any claims, actions, or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operations under this Contract, whether such operations be by El himself or herself or by any Subcontractor or by anyone directly or indirectly employed by either of them. b. The Contractor is not, and shall not be deemed to be, and agent or employee of the City of Iowa City, Iowa. D. Cooperation and Coordination The Contractor shall cooperate with the Owner, Owner's Representative, and other contractors, if any, to ensure rapid and accurate completion of the work, and he /she shall assist the Owner in coordination. E. Temporary Facilities The Contractor shall maintain any office, storage facilities, or protection required by his operators. 2. Temporary facilities and products shall conform to the codes, ordinances, and requirements of all regulatory agencies having jurisdiction over the project. Agencies included, but not limited to: C > a. O.S.H.A. l b. State of Iowa C. City or Municipality of project d. Uniform Building code - most current edition 3. Contractors shall consult with utility companies and include in .--their bid any costs for connection, extensions, relocations, installation, and removal of any temporary facilities, such as sewer, water, gas, electrical, telephone, cable TV, etc. 4. Access to. the site shall be coordinated with the Owner. 5. Contractor shall protect existing facilities and repair any damages to the satisfaction of the Owner. 6. Contractor will provide electric power, water and phone for the duration of the project. 7. Contractor shall provide temporary heat if required. Contractor shall provide stoves, salamanders, furnaces, or "Herman Nelsons" with self contained fuel supplies to maintain temperatures required during cold weather. During concrete and masonry work, temperatures above +32° F shall be maintained in enclosures. Temperatures shall be elevated for sheet rocking and painting to material manufacturer's recommendations and maintained thereafter. Temporary heat shall cease when permanently installed hearing units are useable. 8. Contractor shall provide his own on -site portable toilet or otherwise comply with O.S.H.A. regulations. F. Substitutions 3 Contractor shall prepare base bid with the intent of furnishing materials and equipment as specified. If materials or equipment cannot be furnished as specified, substitute materials or equipment capable of equal performance may be used UPON WRITTEN APPROVAL OF THE OWNER. 2. If substitutions are to be made after a construction contract has been approved, the contract shall be amended accordingly by a contract amendment to provide for the change. 3. In making a request for substitution, the supplier /contractor represents: a. Contractor has personally investigated proposed product or method, and determined that it is equal or superior in all respects to that specified. b. Contractor will provide the same guarantee for substitution as for products or method specified. C. Contractor will coordinate installation of accepted substitution into work, making such changes as may be required for work to be completed in all respects. 4. Substitutions will not be considered if: a. Acceptance will require substantial revision of Contract'` documents. G. Standards Reference made to standards of the American Society of Testing Material' (ASTM), A.G.A., NBFU, Underwriters Laboratories, American Institute of Electrical Engineers, N.E.M.A., and the National Electrical Code, and other similar organizations and publications, refer to specifications of latest revision. All work shall be in strict accordance with Codes and Statutes of the State of Iowa; codes, statutes, ordinances and resolutions of both the city and county; and other local codes as applicable. Additionally, all work shall meet the requirements of the local gas and electric utilities, and the Owner's insurance companies. Should any work on drawings or herein be contrary to above, the work shall be executed in accordance with said ordinances, statutes, code and requirements, but not until the points in question have been referred to the Owner for approval. H. Project Close Out When the Contractor considers the project complete and in acceptable operating condition, he /she shall notify the Owner. The Owner shall then make the final inspection and tests to determine that to the best of his /her knowledge, the project is complete and erected in accordance with the Contract, including any amendments thereto. Should the Owner consider the work not complete, he /she shall immediately notify the Contractor. The Contractor shall then complete incomplete areas and notify owner. Owner shall then re- inspect facilities. J. K. L. Contractor shall provide the following Close Out Submittals: a. Operation and maintenance data. b. Guarantees, warranties and bonds. C. Certificates of Inspection. d. Contractor's affidavit of payment of debts and claims. e. Contractor's affidavit of release of liens. f. Separate waivers of liens for subcontractors, suppliers, and others with lien rights against property of Owners, together with list of those parties. g. Iowa St -172 Sales Cleaning Tax Form for Owner's use. Maintain premises and public properties free from accumulations of waste, debris, and rubbish caused by operations. 2. At completion of work, remove waste materials, rubbish, tools, equipment, machinery and surplus materials, and clean all sight- exposed surfaces. Leave project clean and ready for occupancy. 3. Contractor shall obtain necessary permits, if required, from City and /or County for disposal of construction wastes and debris. Disposal shall be in lawful facilities. Safety Requirements Construction and clean -up must meet all requirements of the Standards issued pursuant to Public Law 91 -596 (29 U.S.C. 65), "Occupational Safety and Health Act of 1970 ". Cutting and Patching Contractor shall perform all cutting and patching (also excavation and backfill) required due to obstructive existing conditions, ill timed or poorly executed work, and testing or inspection requirements. Contractor shall restore all patched surfaces to their original or to better condition and shall make adequate provision for the protection of all surrounding work and provide for adequate public safety., Patched areas shall match existing adjacent areas in appearance. Contractor shall not cut structural members without prior written approval of the Owner. Contract Compliance Program For all contracts and subcontracts of $25,000 or more, the Contractor and all affected subcontractors shall abide by the requirements of the City's Contract Compliance Program, which is included with these specifications. M. Working Days i Except for such work as may be required to properly maintain lights and barricades, no work will be permitted on Sundays or legal holidays without specific permission of the Owner. N. Work During an Emergency The Contractor shall perform any work and shall furnish and install any materials and equipment necessary during an emergency endangering life or property. In all cases he /she shall notify the Owner of the emergency as soon as practicable, but shall not wait for instructions before proceeding to properly protect both life and property. O. Exposing Utilities The Contractor shall expose all utilities at the request of the Owner for purposes of investigation. This work shall be considered incidental to the Contract and no additional compensation shall be granted. If a utility is encountered during construction, the utility shall be protected. If a utility is damaged by the Contractor during construction, the utility shall be repaired by the Contractor at no cost to the City. Minor Work Any minor work not specifically mentioned in the Specifications or shown on the plans, but obviously necessary for the proper completion of the work shall be considered as being a part of and included in the Contract and shall be executed in the proper manner and the Contractor shall not be entitled to extra or additional compensation for the same. Q. Release of Claims The Contractor shall deliver to the Owner a complete release of all claims arising out of this Contract before the final pay estimate is paid. If any claim remains unsatisfied after all payments are made, the Contractor shall refund to -the Owner such amounts as the Owner may have been compelled to pay to disc6rge such claims, including all costs and a reasonable attorney's fee. - R. Sales Tax The City of Iowa City is exempt from all Federal, State of Iowa and other states' taxes on the purchase of commodities and services used by the City of Iowa City within the State of Iowa. The Purchasing Division shall provide tax ezemptian_ certification to out -of -state suppliers as required. Out -of -state taxes imposed on purchases of commodities and /or services which are used within another state are applicable and subject to payment. Contractors shall bill the City Accounting Division, including tax, for contracts pertaining to the alteration, construction or repair of real property. The Contractor shall provide the necessary Iowa Department of Revenue Contractor's Statement (one contractor's statement for each subcontractor). The Accounting Division shall then contact the State of Iowa for tax reimbursement. S T Contractors and subcontractors shall pay all legally required sales, consumer and use taxes on all commodities and /or services purchased or rented to complete their contract. Guarantee Unless otherwise specified, the Contractor shall unconditionally guarantee the materials and workmanship on all equipment furnished for a minimum period of one (1) year from date of acceptance of the items delivered and installed. If, within the guarantee period, any defects or signs of deterioration are noted which in the Owner's opinion are due to faulty design, installation, workmanship, or materials, the Contractor, upon notification and at his /her expense, shall repair or adjust the equipment or parts to correct the condition or he /she shall replace the part or entire unit to the complete satisfaction of the Owner. These repairs, replacements or adjustments shall be made only at such time as shall be designated by the Owner as least detrimental to the operation of the Owner's business. Regardless of any statement to the contrary, the Contractor agrees that the implied warranty of merchantability and fitness for a specific purpose is not disclaimed. Payment Provisions Payment Terms. Payment may be made only after inspection and acceptance by the owner. No partial payments shall be made unless otherwise authorized by the Owner, or unless commodities were constructed, erected, installed or tested on site, in which case, payment shall be made on the basis of a percentage of the value of all work performed less any previous payments. Payment of balances shall be made only after approval and final acceptance of the Owner. Withholding Payment. Consideration for withholding payment shall include faulty materials, equipment, or workmanship, back orders, and liens that have been filed, or evidence indicating a possible filing of claims. In all cases, regulation and limitations imposed by the Federal Government and State of Iowa shall prevail. 3. Invoicing. Following acceptance, payment shall be made within thirty (30) calendar days from receipt of proper invoice. Invoice shall include department name, dollar amount, and any other pertinent information. Submit invoice in duplicate to: Iowa City Housing Authority Attention: Doug Boothroy Civic Center - 410 E. Washington St. Iowa City, Iowa 52240 i U. Note -_� ca 1. Final colors and manufacturers to be approved by the Owner. 2. All quantities and locations shall be as indicated on the plans. 2. SITEWORK A. Excavation Excavation consists of removal and disposal of material encountered when establishing required finish grade elevations. 2. Material storage: Stockpile satisfactory excavated materials where directed, until required for backfill or fill. Place, grade, and shape stockpiles for proper drainage. Locate and retain soil materials away from edge of excavations. Dispose of excess soil materials and waste materials as herein specified. 3. Cold weather protection: Protect excavation bottoms against freezing when atmospheric temperature is less than 35 °F (1 °C). 4. Over excavation and backfill procedure (if required): a. Where unsuitable bearing material is encountered below design footing level, overexcavate as shown above. b. Minimum depth D =W for continuous footings and minimum depth D =Y2 W for isolated footings. C. Place fill below footing level in 9 -inch loose lifts. B. Backfill and Fill 1. General: Place acceptable solid material in layers to required subgrade elevations, for each area classification listed below: a. In excavations, use satisfactory excavated or borrow material. b. Under walks and pavements, use subbase material or satisfactory excavated or borrow material, or combination of both. c. Under building slabs, use granular base fill material. d. Around foundation drainage tile, use drainage fill material. 2. Backfill excavations as promptly as work permits, but not until completion of the following: "i a. Acceptance of construction below finish grade, includfhg,,where applicable, damp - proofing and waterproofing is required. j b. Inspection, testing, approval, and recording locations of underground utilities. -- C. Removal of trash and debris. C. Grading 1. Site shall be shaped to rough grade profiles and contours to ensure desired site surface drainage. Final grading, ready to receive sodding. 10 2. Grade areas adjacent to building lines to drain away from structures and to prevent ponding. 3. Entire lot to be sodded. D. Site Utilities 1. Description a. This section covers the installation of the following utility service items for utility main lines to the building. 1. Water service. 2. Sanitary sewer service. 3. Electrical and phone service by others. 4. Subsurface drainage system. b. Any items not specifically noted, but reasonably necessary for a complete installation, shall be furnished and installed under this Contract. 2. Codes and Permits Materials and installation shall conform to all state and local codes and regulations governing the trades included in this work. Requirements of these plans or specifications, not conflicting therewith, but exceeding code requirements shall govern. The Contractor shall obtain all necessary permits required for this work. He /she shall also arrange for all inspection, examinations, or approvals required by governing ordinances thereof. Should Contractor fail to coordinate this before backfilling, he /she will open the work for inspection at no additional cost to the Ow er. 3. Products 1 a. Water Services I 1. All piping and fittings for service (as shown on drawings) ) shall be Copper Tubing Type "K" deoxidized, AS3,M 88871 hard tubing with brass fittings as manufactured by Mueller, American or Revere Brass Company. b. Sanitary Sewer Services Sanitary sewer piping shall be standard strength, vitrified clay sewer tile, cast iron sewer pipe, or rigid PVC Schedule 40 sewer pipe. c. Electric and Telephone Services 1. Electric and telephone service from the main lines to' the structure are to be coordinated with the relevant local utilities. The Contractor shall be responsible for contacting representatives of these utilities and coordinating the 11 93 9 5 6. installation by the utilities of these permanent services, so that they are in place at the time of final acceptance of the project. d. Subsurface Drainage System As required in the subdivision agreement, basements must be equipped with a sump pump and adequate foundation tile which discharge into the subsurface drainage system. Proper installation of the sump pump and the foundation tile are the sole responsibility of the Contractor and the City is not responsible for inspecting the installation of sump pumps and foundation tile. Finally, discharge from down spouts and roof drains into the subsurface drainage system is prohibited. 12 ;Z ii To ensure compliance with these conditions, the Contractor will contact the Owner after installation and prior to backfilling. E. Waterproofing: 4" perimeter ADS drain inside and outside of foundation. ADS connected to sump basket with pump. Sump pump ejection shall terminate at the subsurface drainage system. CONCRETE A. Foundation: 4' and 8' concrete walls 8" thick on an 8 "x16" continuous footing. B. Garage Floor: 4" concrete with re -rod 24" on center. Trowel finish. C. Basement Floor: 4" concrete over poly -vapor barrier. Trowel finish. D. Driveway: 4 concrete with re -rod 24" on center entire width of garage. Light broom finish. E. Walks: 4" concrete. Light broom finish. r-� NO WORK NO WORK WOODS & PLASTICS A. Exterior Wall: 2x4 studs, 16" on center with 7/16 OSB sheathing, Tyvek house wrap, vinyl lap siding. B. Interior Walls: 2x4 studs, 16" on center. C. Roof System: Pre- engineered roof trusses or "I" joists 24" on. center as noted on plans with 15/32" OSB sheathing. D. Floor System: No. 2 Douglas Fir lumber and "I" joist at 16" on- center as noted on plans with' /<" tongue and groove subfloor. 12 ;Z ii E. Millwork: Lumber shall be sound and dry, selected for compatibility of grain and color and containing no defects that cannot be concealed by finishing methods for stained transparent finish. 2. Scribing and joining shall accomplish hair -line joints. Finish trim corners shall be mitered, trim other than finish may be butted. 3. Pre - finished wood baseboard to match interior doors, frames and casing shall be nominal 3" high. 4. Stair railing shall be oak. F. Cabinetwork: 1. Grade: a. All cabinets shall bear the label of an independent inspection agency that maintains continuous control over the testing and inspection of the cabinet. The label shall identify the manufacturer's name or symbol and indicate compliance with the applicable standards. 2. Species: a. Exposed members shall be oak or maple with veneered portions plain sliced. 3. Hardware: a. The cabinet manufacturer shall furnish and install cabinetwork- i hardware. it 4. General: a. Face frames and cabinet doors shall be not less tharii %" thick- hardwood. b. Cabinets shall be constructed with horizontal lumber webframes, vertical plywood walls, or panels or lumber faceplates. Cabinet c. Cabinet bottom shall be minimum '/" thick except in sink unit where 1/4" tempered hardboard may be loose set on web frame for access to service lines. d. Cabinet backs shall be 1/4" minimum thickness plywood or hardboard. In base cabinets where no drawers occur, backs may be made removable from the interior of the cabinet. e. Drawer bottoms shall be 1/4" minimum thickness plywood. 13 f. Drawer sides shall be beveled top edges and plowed bottoms to receive drawer bottom. g. Fixed web frames and shelves shall be joined to ends or vertical dividers with stop dado. h. Adjustable shelves shall be supported on surface applied shelf standards and brackets. Both edges but not ends of adjustable shelves shall be edged with hardwood. Shelves shall be 5/8" minimum thickness. Countertop assemblies shall consist of plastic laminate over plywood or other approved material. Sink cut -outs shall be made by templates provided by sink supplier. Edges of cut -outs shall be permanently sealed to prevent water absorption. J. Flush type doors shall be 1/4" thick for maximum size 36" wide by 48" high or oak or maple wood. k. Bases shall be solid oak or maple (matched to cabinet) only, set to provide a toe space 2 -1/4" deep by 4" high above finished flooring material for cabinets. Where similar individual units are assembled together into one integral items, the base may be solid yard lumber securely attached to the floor as a single unit. Cabinetwork shall be pre- finished by the manufacturer. M. Stain colors, wood types and cabinet patterns shall be selected by the Owner from the manufacturer's full palette. (1) Manufacturers: BRAMMER; KITCHENCRAFT, ENCORE, OMEGA, OR APPROVED MANUFACTURER. G. Closet Shelving: Vinyl coated wire shelving in all closets. One shelf and rod in each clothes closet. Five shelves in each linen and pantry closet. One shelf in laundry closet. �i 7. THERMAL AND MOISTURE PROTECTION A. Foundation: Hydrocide or other approved material waterproofjrig applied to exterior concrete walls below grade. l B. Building Insulation: Exterior walls; 3'/s" R -13 Friction fit batts. House to garage wall; 3Y2' Kraft -faced stapled irk -place. . Basement walls; minimum R -10. Boxsill; 6" R -19 Kraft -faced batts stapled in place Flat lid; 12" blown -in Rockwool R -40. Vaulted lid; 12" R -38 Kraft -faced batts stapled in place. Baffles; placed in every other truss. C. Shingles: 235# Certainteed Sealdon 25 asphalt shingles or approved equal. 14 E D. Siding: Double 4" Vinyl siding with aluminum soffits and fascia. E. Shutters: Embossed wood grain louvered style location, as indicated on plans. F. Gutters and Downspouts: Seamless aluminum. DOORS AND WINDOWS A. Exterior Doors: Front door shall be a steel insulated door Garage door to house - flush steel insulated door. Overhead door - 16 "xT steel insulated raised panel with a /z HP operator and two transmitters. House to patio - clad sliding glass door. B. Wood Doors: C. 1. All interior doors shall be 1 -3/8" thick hollow core wood doors with wood frame. 2. Pre - finished doors and frames shall be pre -hung. 3. Doors shall be pre- bored, ready to receive door hardware. 4. Doors and frames shall be embossed, simulated wood surfaces. 5. Colors to be selected by owner. 6. Pre - finished wood door casing shall be provided. Casing shall match door and frame. Windows: Clad double hung or basement as indicated on the plans with insulated glass with screens. Sizes on drawings are approximate. All bedrooms and basement window must meet egress requirements. Finish Hardware: FINISHES A. Gypsum Wall Board: Entrance, privacy and privacy locks are Schlage- Georgian Series or an approved equivalent. Deadbolts at all entry doors. i.l Ceilings 5/8" sheetrock with three coats paint and 1a Knockdown texture. walls -'/" sheetrock with three coats tape and orange peel 1 texture. Garage - one coat tape. B. Paint and Stain: Interior walls, including interior garage walls, are to be primed and finish coated. Interior window jambs, etc., are to be stained, sealed, and varnished. Entry doors are enamel coated. 15 C. Floor Covering: Carpet Style: CK043 CK043 Pile Yarn Content: Spun 100% polyester Yarn Twists per Inch: 5.0 x 4.8 Fabric Type: Cut pile Fiber Treatment: Mohawk approved polyester Gauge: 1/8 C Pile Height: 440 Stitches per Inch: 8.83 Finished Pile Weight: 39.50 oz. Total Weight: 71.00 oz. Density: 3232 Dye Method: Beck Primary Backing: Woven polypropylene Secondary Backing: Woven polypropylene FHA Information: MEA # 45694 Type:I Class:1 Type: I[ Class:1 Texture: F Performance Appearance Retention (PAR) Rating: 3.50 Indoor Air Quality #: 13427678 Flammability: Pill Test - 16CFR -1 630.4 (FF -1 -70): Pass a. Mohawk Industries, Inc. b. Approved equal. 2. Sheet Vinyl Flooring: a. Colors and patterns: as selected by Owner from manufacturer's standards. b. Sheet vinyl flooring shall be residential grade with 0.060" minimum thickness. C. Pattern and color shall extend through full thickness, complying with FS L -F -475, Type II. d. Manufacturers: Armstrong, Congoleum, Tarkett, or approved equal. 3. Adhesives (Cements); - Waterproof, stabilized type as recommended by flooring manufacturer-to suit material and substrate conditions. 4. Leveling Compound: Latex type as recommended by flooring manufacturer. 10. SPECIALTIES 16 A. Toilet And Bath Accessories 1. Towel bars: Chrome finished steel. Screw mount into wood studs in wall. Two 36" long towel bars. 2. Toilet paper holder: Chrome finished steel. Surface mount with screws on adjacent vanity base cabinet or wall mount. 3. Mirror: Two at 42" w. X 32" h. wall mirrors. Install chrome - plated channel to support mirror along top and bottom edges. 11. EQUIPMENT A. Appliances: 1. Electric Range: 30" Slide -in Electric Range: oven light and door with window, equipped with 2 adjustable chrome racks, cooktop with 4 plug -in heating elements, including not less than one 8 ", 2600 watt element; removable chrome - plated drip bowls. a. General Electric b. RCA C. Hot Point d. Kenmore e. Approved Equivalent 2. Range Hood: 30" ventilating type hood for mounting below wall cabinets, with 2 -speed fan, permanent washable filter, built -in lighting, baked -on enamel finish, rated at 160 cfm, minimum. a. General Electric b. Broan C. Kenmore d. Approved equivalent 3. 'Refrigerator /Freezer: Free - standing, freezer above two door unit; automatic (self) defrosting freezer, separate refrigerator and freezer temperature controls; storage features including adjustable shelves, door shelves and not less than 2 ice cube trays. Minimum capacity values, measured according to ANSI B 38.1 and certified by AHAM, for refrigerator volume is 18 cubic feet, with 25.0 square feet of total shelf area. 7 Top Freezer: a. GE b. RCA J C. Hot Point d. Westinghouse e. Approved equivalent 4. `Dishwasher: Standard size built -it five -cycle dishwasher with a pots and pans cycle and temperature boost. 17 a. GE b. Hot Point C. Whirlpool d. Approved equivalent Shall have highest Efficiency Rating provided by the manufacturer and must be approved by the Owner. 12. NO WORK 13. NO WORK 14. NO WORK 15, PLUMBING A. Plumbing: Fiberglass tub /shower (white) Fiberglass shower (white) Tub and shower faucets C ; Waste and overflow Stools (white) Stool seats (white) Lays (white) Lav faucets 1 Kitchen sink Sink faucet Disposal *Water heater Relief valve 2 sillcocks 1 laundry faucet Vent water heater through furnace vent, gas piping to water heater, dishwasher hook -up. B. HVAC *Furnace - gas fired forced air. *Air Conditioner - condenser with evaporator "A" coil, complete with refrigeration lines plenum adapter, condensate drain, controls, metalbestos chimney, vent pipe, combustion /ventilation air duct, gas piping, all supply air and return air distribution systems. Shall have the highest Efficiency Rating provided by the manufacturer and must be approved by the owner. 16. ELECTRICAL A. Electrical Service: Install a 100 AMP service of the breaker type entrance. Chime wiring only for one door. All switches shall be the 15 AMP quiet type. All plugs shall be ground type. All plates for switches and plugs. All wiring to be grounded in Romex. 5 - Pre -wires for telephones, located by owner. 5 - Pre -wires for television plugs, located by owner. i3 5 - Pre -wires for television plugs, located by owner. Laundry to have 11 Ov washer and 220v dryer plugs. 2 weatherproof plugs. Install a 30" vented hood. 2 bath fan lights. 1 recessed light. Smoke detectors. Install wiring for gas furnace. Install wiring for electric air conditioning. Hook up all electrical appliances - dishwasher, disposals, and ovens. Contractor's bid shall include $800 for a light fixture allowance for all surface mounted fixtures. All other light fixtures shall be included in bid. hisassW605dickenspec doc 19 Prepared by: Doug Boothroy, HIS Director, 410 E. Washington St., Iowa City, IA 52240, (319)356 -5121 RESOLUTION NO. 00 -392 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF A SINGLE - FAMILY HOME UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM (1605 DICKENSON LANE), ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING THE CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing for the above -named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. That the plans, specifications, form of contract, and estimate of cost for the above -named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above -named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above -named project in a newspaper published at least once weekly and having a general circulation in the city. 4. 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 Civic Center, until 3:00 p.m. on the 13t day of December, 2000, or at a later date as determined by the Director of Housing and Inspection Services or designee, with notice of said later date to be published as required by law. Thereafter the bids will be opened by the Director of Housing and Inspection Services or designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its meeting on December 19, 2000, to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m., or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this 21st day of November _,20 00 AYOR /.f, s ♦ .III 7 h1sadMres /1605dickenson.doc r� proved by j( — O.00 City Attorney's Office Resolution No. OD -392 Page 2 It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: x X X —x x x X NAYS: O'DonneI l the Resolution be ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn Printer's Fee $ / / -O / CERTIFICATE OF PUBUCATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED. ID # 42- 0330670 I, Margaret Rios, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS - CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is here- to attached, was published in said paper -- time(s), on the follow- ing date(s): Legal Clerk Subscribed and sworn to before me this )b day of A.D. 20 C70. Notary Public OFFICIAL PUBLICATION NOTICE OF PUBLIC HEARING Notice Is hereby grven that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 21st day of November, 2000, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will receive comments on plans and specifications for the construc- tlon of a single family under the Affordable Dream Home Opportunities Program home (1605 Dickenson Lane). A copy of the plans and specifications are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons interested in expressing their views concerning this matter, preferably in writing, will be given the opportunity to be heard at the above- mentioned time and place. MARIAN K. KARR. CITY CLERK 38332 November 16, 2000 Printer's Fee $ .j. -�, -3C - CFRTJFTATZ OF PUBLICATION STATE, OF IOWA, JORNISON COUNTY, SS: TIE IOWA CM PRPSS•CIT12EN F -1). ID 4 42.0330670 yfal i duly ..worn. ;_ 1. ._ iirSUSilL.tdET _:e :- oantT and that a - ..,.:1 4 of which is here - ;_,, published in said rkae(s), on the follow - i�/ 7 regal Cleric Sc ac z ;ea and sworn to before :ne la_4f�� Notary Iyublic { JAMES A. TVEDTE MV COMMISSION EXPIRES 14OVEMBER 13, 2001 OFFICIAL PUBLICATION ADVERTISEMENT FOR BIDS CONSTRUCTION DFA SINGLE FAMILY HOME (1605 DICKENSON LANE) UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM Sealed proposals will be received by the City Clerk of the City of Iowa City, ,Iowa, until 3 :00 P.M. on the 13th day of December, 2000, or at a later date and/or time as determined by the Director of Housing and Inspection Services or designee, with notice of said later date and/or time to be published as required by law. Sealed proposals will be opened Immediately thereafter by the Director of Housing and Inspection Services or Idesignee. Bids submitted by fax machine hall not be deemed a °sealed bld' for pur- (wses of this Project. Proposals will be cted upon by the City Council at a meet. ing to be held in the Council Chambers at 7:00 P.M. on the 991h day of December, 2000, or at such later time and place as may be scheduled. The Project will Involve the following: Construction of a single family home and all necessary site work on Lot 98, South Pointe Addition, Part 5, Iowa City, Iowa All work Is to be done In strict compli once with the plans and specificationsl which have heretofore been approved by! the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, sepa. rate from the one containing the proposal, by a bid security in the sum of 5% of the bid. The bid security shall be made pay- able to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be for- feited to the City of Iowa City in the event the successful bidder fails to enter Into a contract within ten (10) calendar days and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. This bid security of the lowest two or more bidders may be retained fora period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid securities will be returned after the canvass and tabulation of bids Is completed and reported to the City Council. The bidderfs security shall be in the form of a cashieris or codified check' drawn on a bank in Iowa or a bank char- tered under the laws of the United States, or a carrier share draft drawn on a cred- it union in Iowa or chartered under the lawl of the United Slates, or a bidderfs bond with corporate surety authorized to con- tract as a surety In the State of Iowa. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100 %) of the con- tract price, said bond to be issued by a responsible surety approved by the City Council, and shall guarantee the prompt Payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any klnd caused directly or indirectly by the opera. tion of the contract, and shall also guarani tee the maintenance of the Improvement for a period of one (1) year from and alter its completion and formal acceptance by the City. The following limitations shall apply to this Project: Completion date: May 10, 2001 Liquidated Damages: $100 per day The plans, specifications and proposed contract documents may be examined ai plans and specifications and form of pro -1 posel blanks may be secured at the Office of the Director of Housing and Inspection Services, Iowa City, Iowa, by bona fide bidders. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on Cl ry projects. Bidders shall list on the Form of Proposal the names of persons, firms, companles or other parties with whom the bidder Intends to subcontract. This list shall Include the type of work and approx. Inure subcontract amount($). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontrac- tors, together with quantities, unit prices and extended dollar amounts. If no minor. Ity business enterprises (MBE) are uti. lized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242. 4721. By virtue of statutory authority, pref- erence will be given to products and provi- sions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and Irregu- larities. Published upon order of the City Council of Iowa City, Iowa, MARIAN K. KARR, CITY CLERK 38334 November 22, 2000 2- 0 Prepared by: Doug Boothroy, HIS, 410 E. Washington St., Iowa City, IA 52240 (319) 356-!1 19 RESOLUTION NO. 00 -428 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST A CONTRACT WITH PAT MOORE CONSTRUCTION COMPANY, D /B /A MOORE CONSTRUCTION COMPANY, FOR THE CONSTRUCTION OF A SINGLE- FAMILY HOME UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM (1605 DICKENSON LANE). WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, on September 14, 1993, City Council considered and passed Resolution No. 93 -255, approving a Section 5(h) implementing agreement with HUD for the conversion of public housing to private ownership, also known as the Tenant -To- Ownership Program; and WHEREAS, under this agreement the proceeds from such sales must be used to expand affordable housing opportunities in Iowa City; and WHEREAS, the Iowa City Housing Authority has negotiated a contract with Pat Moore Construction Company, d /b /a Moore Construction, for the construction of a single - family home at 1605 Dickenson Lane in the amount of $129,980; and WHEREAS, the home would be sold under the Affordable Dream Home Opportunities Program to a family who earns up to 80 percent of the median income; and WHEREAS, the home would benefit the citizens of Iowa City by expanding affordable home ownership opportunities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: under the direction of the City Attorney, The Mayor and the City Clerk are hereby authorized to sign and attest a contract between the City of Iowa City and Pat Moore Construction Company, d /b /a Moore Construction Company, for the construction and acquisition of a single - family dwelling at 1605 Dickenson Lane, Iowa City, Iowa. Passed and approved this 19th day of December , 20 00 ATTEST: 2 i,2 � qp CIT CLERK Approv, '..3?� City Attorney's Office It was moved by Pfab and seconded by Vanrlarhopf the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn hisadMreslm re.do r Prepared by: Susan Duiek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO, 01 -209 RESOLUTION OF INTENT TO CONVEY A SINGLE FAMILY HOME LOCATED AT 1605 DICKENSON LANE AND SETTING A PUBLIC HEARING FOR JULY 31, 2001. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, on September 14, 1993, the City Council considered and passed Resolution No. 93 -255 approving the Section 5(h) Implementing Agreement for the conversion of public housing to private ownership, also known as the Tenant -to- Ownership Program; and WHEREAS, under this agreement the proceeds from such sales must be used to expand affordable housing opportunities in Iowa City; and WHEREAS, the proceeds from such sales are used to provide affordable housing under the City's Affordable Dream Home Program ( "ADHOP"); and WHEREAS, the Iowa City Housing Authority owns a single family home located at 1605 Dickenson Lane, Iowa City; and WHEREAS, the City has received an offer to purchase 1605 Dickenson Lane for the principal sum of $135,000, which is $2,000 less than the appraised value of the property; and WHEREAS, the funding source, federal HOME funds, limits the purchase price to a maximum of $135,000; and WHEREAS, this sale would provide the opportunity for a low - income family to obtain ownership of their own home; and WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase of the home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey a single family home located at 1605 Dickenson Lane, Iowa City, Iowa, also known as Lot 98, South Pointe Addition, Part 5, for the sum of $135,000. Resolution No. 01 -909 Page 2 2. A public hearing on said proposal should be and is hereby set for July 31, 2001, at 7:00 p.m. in Emma J. Harvat Hall of the Civic Center, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. It was moved by Pfab and seconded by Vandprhnpf the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion ^� Kanner Lehman —Y_ O'Donnell x_ Pfab x _ Vanderhoef X Wilburn Passed and approved this 10th day of Jul 12001. AYOR /I i. . ��. Approved by City Attorney's Office NU$ 11b Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 01 -235 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1605 DICKENSON LANE. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, on September 14, 1993, the City Council considered and passed Resolution No. 93 -255 approving the Section 5(h) Implementing Agreement for the conversion of public housing to private ownership, also known as the Tenant -to- Ownership Program; and WHEREAS, under this agreement the proceeds from such sales must be used to expand affordable housing opportunities in Iowa City; and WHEREAS, the proceeds from such sales are used to provide affordable housing under the City's Affordable Dream Home Program ( "ADHOP "); and WHEREAS, the Iowa City Housing Authority owns a single family home located at 1605 Dickenson Lane, Iowa City; and WHEREAS, the City has received an offer to purchase 1605 Dickenson Lane for the principal sum of $134,900, which is $2,100 less than the appraised value of the property; and WHEREAS, the funding source, federal HOME funds, limits the purchase price to a maximum of $134,900; and WHEREAS, this sale would provide the opportunity for a low- income family to obtain ownership of their own home; and WHEREAS, on July 10, 2001 the City Council adopted a Resolution declaring its intent to convey its interest in 1605 Dickenson Lane, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest_ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 1605 Dickenson Lane, legally described as Lot 98, South Pointe Addition, Part 5, Iowa City, Iowa, The Mayor and City Clerk are further authorized to execute a second mortgage agreement and resale Resolution No, 01 -235 Page 2 agreement with said family for a second mortgage from the City in an amount not to exceed $24,100. 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. It was moved by 0' Donnell and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman —� O'Donnell _X Pfab X Vanderhoef _X— Wilburn Passed and approved this 31st day of JUIV 12001, 4AAY R ATTEST: / ! 4ax � rl �n CITY LERK — Approved by City Attorney's Office "IU I % GZ nc LSirYLcz2> c�� as 7,- / C D / ?S 7�LC C %f� �. ©7c GL L( i ✓2 / S cz_i cks / r> --K � /`r��r��.cz�J�ea 0�c?/'77�r7,'7� -eS X i , A/;Q,,d,16 ,1, �r E/ / torn e• 23' -L/c -D% �I .eSVlµiipl, my 3L/ -6 cI�?ro C, r,� 1 IovcjS.. i.,- o� f"'krn_;I. '7 t�1- N- �0�� kr.c�ez' ?'h! ol�ci vo a��� �rr".aa }�umQ C7/jD v i y /�; 1,ettt t�ccc�raw\ O%z1 Ck v v ;� �Se v(y��CiYiC`SG✓' �1 CIS F � b Inn ]'. .tii 0 i ail ('. �d' iV' ✓'.¢ i n. �� �i -1 47 � Ck. Cl , td lorojeCl C�_ ,ticC -7/ c_.Clt-�/If) rZ �S for 7/ c-'- �- OCf -O l /Llo AC e o/' P?-(611c- 7, r._ -/L%✓ '-o / }es ��L- 37(v� GLc c�arc�c� cry G'r� %rcc D -A"3 -D PeS* 0 �L - 2-�, 6 i 1 lif -YLA +C) Cun Vey.( CSf PLC l t c. 1- CAZ 7_ ✓1. n C � 1 X171 �-Filr1 vPCG \ '� ,rYr i iiSY� m r�.r� rir r� z M-11 o 3d (l) Prepared by: Doug Boothroy, HIS, 410 E. Washington St., Iowa City, IA 62240,(319)356-5120 RESOLUTION NO. 01 -314 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF A UNIVERSAL DESIGN SINGLE - FAMILY HOME UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE DIRECTOR OF HOUSING AND INSPECTION SERVICES TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above - mentioned project is to be held on the 23RD day of October, 2001, at 7:00 p.m. in Emma J. Harvat Hall, Civic Center, 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. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above -named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above -named project is hereby ordered placed on file by the Director of Housing and Inspection Services in the office of the City Clerk for public inspection by October 12, 2001. Passed and approved this 8th day of October 2001 'MAYOR ATTEST: 7),zP,,J 'A, teg�% CITY CLERK It was moved by Champion and adopted, and upon roll call there were: AYES: NAYS: X X y— _x_ x x hisadMreslandream.dw proved by ew. City Attorney's Office seconded by O' Donnel 1 the Resolution be ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of Iowa City, Iowa, will hold a public hearing on the 23rd day of October, 2001, at 7:00 p.m. in the Civic Center, Emma Harvat Hall, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; to receive comments on plans and specifications for the construction of a universal design single - family home under the Affordable Dream Home Opportunities Program. Copies of the plans and specifications is on file for public examination in the office of the City Clerk, Civic Center, 410 E. Washington St., Iowa City, Iowa. Persons interested in expressing their views concerning this matter, either verbally or in writing, will be given the opportunity to be heard at the above - mentioned time and place. MARIAN K. KARR, CITY CLERK Ne dMnphadhw.do 6 Prepared by: Doug Boothroy, HIS, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5121 RESOLUTION NO. 01 -346 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST OF CONSTRUCTION OF A UNIVERSAL DESIGN SINGLE FAMILY HOME UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM, (1821 B STREET), ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING THE CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing of the above -named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The plans, specifications, form of contract, and estimate of cost for the above -named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above - named project shall be in the amount of ten percent (10 %) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above -named project in a newspaper published at least once weekly and having a general circulation in the city. 4. 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 Civic Center, until 2:00 p.m. on the 201h day of November, 2001 or at a later date as determined by the Director of Housing and Inspection Services or designee, with notice of said later date to be published as required by law. Thereafter the bids will be opened by the Director of Housing and Inspection Services or designee, and thereupon referred to the City Council for action upon said bids at its meeting on November 27, 2001, to be held in Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, at 7:00 p.m., or if said meeting is canceled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this 23rd day of OCtobeer� 20 01 MAYOR y Approved by ATTEST: -- , Attbff � ce � /co�U� CIT LERK Cit o� ey's i hi sadm\resNaffordhomes.doc Resolution No. 01 -346 Page 2 It was moved by Wilburn and seconded by adopted, and upon roll call there were: IMUM X X --T- x X X X NAYS: O'Donnell ABSENT: the Resolution be Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn ADVERTISEMENT FOR BIDS CONSTRUCTION OF A UNIVERSAL DESIGN SINGLE FAMILY HOME (UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:00 P.M. on the 20th day of November, 2001, or at a later date and /or time as determined by the Director of Housing and Inspection Services or designee, with notice of said later date and /or time to be published as required by law. Sealed proposals will be opened immediately thereafter by the Director of Housing and Inspection Services or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in Emma J. Harvat Hall at 7:00 P.M. on the 27th day of November, 2001, or at such later time and place as may be scheduled. The Project will involve the following: Construction of a single family home and all necessary site work on Lot 6, Block 39, East Iowa City, Iowa All work is to be done in strict compliance with the plans and specifications which have hereto- fore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 5% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. This bid security of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid securities will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100 %) of the contract price, said bond to be issued by a responsible surety approved by the City Council, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of one (1) year from and after its completion and formal acceptance by the city. The following limitations shall apply to this Project: Completion date: May 20, 2002 Liquidated Damages: $100 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of the Director of Housing and Inspection Services, Iowa City, Iowa, by bona fide bidders. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242 -4721. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa Reciprocal Preference Act applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK h1WmWadb1ds11- 1 -01.do WOO FILED 2001 NOV -2 AM II: 02 CITY CLERK IOWA CITY IOWA G�UC�j cJ�, Manual & Spod"H "dctoi,-d0 i15 for Iowa Coy Housing Auth r"Kly Housing Project: New Throe Bedroom Single- Farnfly Dwelling 1812 B Street Iowa C Ky, Iowa [GIVITET41 Iva .• . . [61.14111 MOM 116111".4110111161060 • . I. PROJECT: Iowa City Housing Authority 410 E. Washington St. Iowa City, IA 52240 2.2 DESCRIPTION: 2001 NOY -2 AM 11: 02 Doug Boothroy CITY CLERK IOWA CITY IOWA Housing & Inspection Services 410 E. Washington St. Iowa City, IA 52240 (319) 356 -5121 This project consists of a new three bedroom single family residence to be built on Lot 98, in South Pointe Addition, Part 5, Iowa City, Iowa. 2.3 TYPES OF SUBMISSION OF BIDS: 1. Single Contract Bid 2. Bidders shall submit bids in a sealed, opaque envelope, identified with: a. Project Name b. Name of Bidder 3. Address bids to: City of Iowa City City Clerk Civic Center Iowa City, IA 52240 ATTN: Iowa City Housing Authority 2.4 TIME AND PLACE: Bids will be received by the Director of Housing and Inspection Services at the Civic Center on November 27, 2001 no later than 2:00 p.m. 2.5 DOCUMENTS: 1. Prime bidders may obtain one set of project documents from the Office of Housing and Inspection Services, Iowa City Civic Center. 2. Prime Contractors not bidding must return documents within seven (7) calendar days of their receipt. - - 3. Subcontractors and Material Suppliers may examine documents at the Civic Center. If documents are required for longer than a 24 -hour period, documents must be obtained from the Office of Housing and Inspection Services. hisassl \1812 B St\1812bst.do IB -2 2.6 EXAMINATIONS: F11-ED Bidder shall carefully examine the plans and specifications, bid materials and construction site to obtain first -hand knowledge of existing conditions. ContrpWrNovil4 Qot jf1P1 of ff extra payment for conditions which can be determined by examining the site and documents. CITY CLERK All information given on the Drawings or in the other Contract 1ocuments Fe1ai'ingAto subsurface and other conditions, natural phenomena, existing pipes, and other structures is from the best sources at present available to the Owner. All such information is furnished only for information and convenience of bidders and is not guaranteed. It is agreed and understood that the Owner does not warrant or guarantee that the subsurface or other conditions, natural phenomena, existing pipes or other structures encountered during construction will be the same as those indicated on the Drawings or in the other Contract Documents. It is agreed further and understood that no Bidder or contractor shall use or be entitled to use any of the information made to it or obtained in any examination made by it in any manner as a basis of or ground for any claim against the Owner or the Architect, arising from or by reason of any variance which may exist between the information made available and the actual subsurface or other conditions, natural phenomena, existing pipes or other structures actually encountered during the construction work, except may otherwise be expressly provided for in the Contract Documents. 2.7 QUESTIONS AND INTERPRETATIONS: 1. Submit all questions to the Owner in writing. If clarification is necessary, written addendum will be issued to the plan holders of record. 2. The Owner will not be responsible for oral instructions. 3. Questions received less than seven (7) calendar days before bid opening cannot be answered. 4. If a bidder, subcontractor or material supplier has any doubts as to the intentions of the plans, and specifications, or if discrepancies in or omissions from them are found, the Owner shall be notified immediately. .. ' SUBSTITUTIONS: To obtain approval of unspecified products, bidders shall submit written requests at least five (5) working days before the bid date and hour. Requests received after this time will not-be considered. Requests shall clearly describe the products for which approval is asked, including all data necessary to demonstrate acceptability. If the product is acceptable, the Owner will approve it in an addendum issued to all plan holders. 2. Substitutions after the bid date will be considered only if: a. Specific product or approved substitution is not available or delivery schedule would cause construction delay. b. Savings because of approved substitution as credited to the Owner. his ssl \1812 B Sl\7812bs A. IB -3 1.- Bids shall be made on unaltered copies of the bid form furnishcFd tJy- I&Qwner. Fill in all blank spaces and submit one copy. Additions, deletions or modifications to the bid form are discouraged and may disqualify bidder. 2001 NOY -2 AH 11 o O2 2. Bidders shall acknowledge receipt of addenda in the spacCgIlbilb\tdlgdW the bid form. IOWA CITY IOWA 3. Bids shall be signed, in the name of the firm, only by authorized persons, such as in the case of: Sole Proprietorships - By Owner Partnerships - One or more partners Corporations - Corporate officers of that corporation 4. Bids signed by others than the above shall have attached evidence of power -of- attorney. 5. The Contractor shall name persons, firms, or other parties to whom it proposes to award a subcontract under this contract as required on the BID FORM. 2.10 BID SECURITY: 1. Bids must be accompanied by a bid bond in the "amount equal to five percent (5%) of the maximum value of the bid, including any add alternatives. Bid security will serve as Liquidated Damages if a bidder who is offered a contract fails within ten days to a. Furnish Performance Bond b. File Insurance Certificates C. Sign Contract 2. Bid security of three lowest bidders will be retained until contracts are executed. All others will be returned within five (5) days of Bid Opening . 3. If contracts are not executed within 30 days, bid security of all bidders will be returned, except those forfeited. 4. The Owner reserves the right to return the bid security of bidders who, when offered contract, decline when the Owner believes it to be an unrealistic penalty against a reputable contractor for an honest error. 2.11 SURETY BOND REQUIREMENT: 1. Performance bond and labor and materials payment bonds are required in the full amount of the contract, and shall be obtained and paid for by the Contractor. 2. Bonds shall be issued by a bonding company licensed to transact business In the locality of the project and delivered to the Owner on AIA Form A311 not later than the date of execution of contract. Three copies of the bond are required. hts ssM812 B SM812bsLdo IB -4 2.12 SUBCONTRACTORS Successful bidder shall furnish to the Owner, for approval, a written lis[ �4 4osed subcontractors and material suppliers within fifteen (15) days after ing the bids and prior to the execution of the contract. 26VIC Y -2 AP111 c 02 2.13 MODIFICATION AND WITHDRAWAL: CITY CLERK IOWA CITY IOWA 1. Bids may not be modified after submittal. 2. Bids may be withdrawn at any time prior to bid openings, but may not be resubmitted. 3. No bid may be withdrawn for a period of thirty (30) days after the bid opening. 2.14 DISQUALIFICATION: 1. The Owner reserves the right to disqualify bids, before or after opening, upon evidence of collusion with intent to defraud or other illegal practices upon the part of the bidder. 2. No award will be made to any Bidder who cannot satisfy the Owner that the Bidder has sufficient ability and experience in this class of work and sufficient capital and plant to enable the Bidder to prosecute and complete the Work successfully within the time named. The Owners decision or judgment on these matters shall be final, conclusive, and binding. The Owner may make such investigations as it deems necessary, and the Bidder shall furnish to the Owner, under oath if so required, all such information and data for this purpose as the Owner may request. 3. The Owner may reject Bids which in its sole judgment are either incomplete, conditions, obscure or not responsive or which contain additions not called for, erasures not properly initialed, alterations, or similar irregularities, or the Owner may waive such omissions, conditions or irregularities to the extent permitted by law. 4. The Owner reserves the right to reject any or all -Bids, should the Owner deem it to be in the public interest to do so. 2.15 GOVERNING LAWS AND REGULATIONS: 1. The bidder's attention is directed to the fact that all applicable federal, state and municipal laws and ordinances and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract as_ though therein written out in full. 2.16 AWARD OF CONTRACT: The contract will- be awarded to the lowest responsible bidder, including full consideration of unit prices and accepted alternatives. h!wssni812 B SRI812bst.doc En 2.17 EXECUTION OF CONTRACT: 1. The Owner reserves the right to accept any bid and to reject any and all bids, or to negotiate contract terms with the various bidders, when such is deemed by the Owner to be in his best interest, and to waive irregularities. 2. Each bidder shall be prepared, if so requested by the Owner, to present evidence of his experience, qualifications and financial responsibility to carry out the terms of the contract. 3. Not withstanding any delay in the preparation and execution of the formal contract agreement, each bidder shall be prepared, upon written notice of bid acceptance, to commence work within seven (7) days following receipt of official written order of the Owner to proceed, or on date stipulated in such order. Work shall be completed by the date indicated on the Bid Form. 2.18 FORM OF SPECIFICATIONS: 1. See bid specifications. 2.19 COMPLETION DATE: This project shall have a May 20, 2002, completion date. Liquidation damages are $100 per day. h1sassN812 B SAIMbstAm IB -6 N D C-) o , Tl N Is D o N h1sassN812 B SAIMbstAm IB -6 BID FORM To the City of Iowa City, Iowa, herein called the Owner, the new construction of one (1) single family residence on Lot 6, Block 39, East Iowa City, Iowa City, Iowa. 2001 NOV -2 AM 11: 02 The Undersigned, as Bidder, declares as follows: CITY CLERK 1. The only parties interested in this BID as Principals are named herj r . A CITY IOWA 2. This BID is made without collusion with any other person, firm, or corporation; 3. No officer, agent, or employee of the Owner is directly or indirectly interested in this BID; 4. Bidder has carefully examined the site of the proposed Work and is fully informed and satisfied as to the conditions there existing, the character and requirements of the proposed Work, the difficulties attendant upon its execution and the accuracy of all estimated quantities stated in this BID, and Bidder has carefully read and examined the Plans, the annexed proposed AGREEMENT, the Specifications, any addenda and other Contract Documents therein referred to and knows and understands the terms and provisions thereof; 5. Bidder understands that information relative to subsurface and other conditions, natural phenomena, existing pipes and other structures (surface and /or subsurface) has been furnished only for Bidders information and convenience without any warranty or guarantee, expressed or implied, that the subsurface and /or other conditions, natural phenomena, existing pipes and other structures (surface and /or subsurface) actually encountered will be the same as those shown on the Drawings or in any of the other Contract Documents and Bidder agrees not to use or be entitled to use any such information made available to Bidder through the Contract Documents or otherwise or obtained through examination of the site, as a basis of or ground for any claim against the Owner arising from or by reason of any variance which may exist between the aforesaid information made available or acquired by Bidder and the subsurface and /or other conditions, natural phenomena, existing pipes and other structures (surface and /or subsurface) actually encountered during the construction work, and Bidder has made due allowance therefor in this BID; 6. And Bidder understands that the quantities of work tabulated in this BID or indicated on the Plans or in the Specifications or other Contract Documents. are only approximate and are subject to increase or decrease as deemed necessary by the Owner. And Bidder agrees that if this BID is accepted, Bidder will contract with the Owner, as provided in the copy of the Contract Documents deposited in the office of the Owner, this BID form being part of said Contract Documents, and that Bidder will perform all the work and furnish all the materials and equipment, and provide all labor, services, plant, machinery, apparatus, appliances, tools, supplies and all other things required by the Contract Documents in the manner and within the time therein prescribed and according to the requirements of the Owner as therein set forth, and that Bidder will take in full payment therefor the lump sum or unit price applicable to each item of the work as stated in the schedule below. hisassl\1812 B SR1812bstdo B -1 (Note: - Bidders must bid on each item. All entries in the entire BID must be made clearly and in F11-En ink; prices bid must be written in both words and figures.) 1:7_6UICII 3 (Words), 2001 NOV -2 AN II: 02 00 (Numbers) IOWA PP i 11K' CITY IOWA The Bidder hereby agrees that Bidder will not withdraw this BID within 30 consecutive calendar days after the actual date of the opening of Bids and that, if the Owner shall accept this Bid, the Bidder will duly execute and acknowledge the AGREEMENT and furnish, duly executed and acknowledged, the required CONTRACT BONDS within ten (10) days after notification that the AGREEMENT and other Contract Documents are ready for signature. Should the Bidder fail to fulfill any of the agreements a hereinabove set forth, the Owner shall have the right to retain as liquidated damages the amount of the bid check which shall become he Owner's property. If a bid bond was given, it is agreed that the amount thereof shall be paid as liquidated damages to the Owner by the Surety. This Bid includes Addenda number (To be filled in by the Bidder if Addenda are issued.) The Bidder, by submittal of this BID, agrees with the Owner that the amount of the bid security deposited with this BID fairly and reasonably represents the amount of damages the Owner will suffer due to the failure of the Bidder to fulfill the Bidder's agreements as above provided. (SEAL) M L.S. (Signature and Title of Authorized (Business Address) Date (City and State) The bidder is a corporation incorporated in the State (or Commonwealth) of - a partnership - an individual. (Bidder must add and delete as necessary to make this sentence read correctly.) (Note: If the Bidder is a corporation, affix corporate seal and give below the names of its president, treasurer, and general manager if any; if a partnership, give full names and residential addresses of all partners; and if an individual, give residential addresses if different from business address.) his ss"1812 B SI \1812WWl B -2 The required names and addresses of all persons interested in the foregoing Bid, as Principles, are as follows: FI 1 CD I I '' I' 1 1 CI I Y CLEH( IOWA CITY. IOW The Bidder is requested to state below completed work of a similar character to that included in the proposed Contract and to give references that will enable the Owner to judge experience, skill, and business standing. (Add supplementary page if necessary) hisasst \1812 B St\1812bstLdo B -3 The Bidder shall provide a complete list of persons, firms or other parties to whom it proposes to award a subcontract under this Contract in the space provided below: FILED 2001 NOY -2 AM II: 03 CITY CLERK IOWA CITY IOWA If awarded the Contract, Bidder shall not assign the Contract or subcontract the Work or any portion thereof to any persons, firms, or corporations not listed hereinabove without the previous written consent of the Owner. his sst \1812 B Sd1812bsldw B -4 BID BOND REDas Principal, and. 2601 NOV y Surety declare that we are held and firmly bound unto hereinafter called "OWNER," in the penal sum of ��((����C���I IY CLERK Dollars ($ ) to pay said 44 fs' 1194 Y pt e . We as Principal and Surety further promise and declare that these obligations shall bind our heirs, executors, administrators, and successors jointly and severally. This obligation is conditioned on the Principal submission of the accompanying bid, dated Project. for 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 shall furnish a bond for the Principal's faithful performance of said Project, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Project, as agreed to by the City's acceptance of said Bid, then this obligation shall be void. Otherwise this obligation shall remain in force and effect, provided that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the amount of the obligation stated herein. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in the event the Principal fails to execute the contract and provide the bond, as provided in the Project specifications or as required by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way 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 extension. The Principal and the Surety hereto execute this bid bond this day of , A.D., 2000. Witness Witness his ssm812 a Sn1812bsLdo 9M Principal By — Surety By — Attach Power -of- Attorney (Seal) (Title) (Attorney -in -fact) Construction Contract FILM THIS AGREEMENT made this day of , in the year by and between 2001 AOV —2 AM 11 s 03 a corporation organized and existing under the laws of the State of CjjY P1 F K hereinafter called the "Contractor," and IOWA CITY, IOWA , hereinafter called the "ICHA." WITNESSETH, that the Contractor and the ICHA for the consideration stated herein mutually agree as follows: ARTICLE 1. STATEMENT OF WORK. The Contractor shall furnish all labor, material, equipment, and services, and perform and complete all work required for the construction of single family housing units. DESCRIPTION: including all site improvements indicated on the site(s), in strict accordance with the specifications and Addenda thereto numbered - and dated. and drawings referred to therein, all as prepared by owner, which said specification, addenda, and drawings are incorporated herein by reference and made a part hereof. ARTICLE 2. THE CONTRACT PRICE. The ICHA shall pay the Contractor for the performance of the Contract, in current funds, subject to additions and deductions as provided in the specifications, the sum of: ($ ) ARTICLE 3. CONTRACT DOCUMENTS The Contract shall consist of the following component parts:. a. This instrument b. General Conditions c. Technical Specifications d. Drawings FILED ARTICLE 4. TIME FOR COMMENCEMENT AND COMPLETION OF w7UO POV —2 AM 11: 03 CITY CLERK The Contractor shall from the date of the "Notice to Proceed" bJR 1� 4ctQT�e[QWAnce hereunder and all work to be performed by the Contractor shall be completed by May 20, 2000. Not withstanding the aforesaid, the Contractor shall be excused from the performance time requirement if, during the progress of the work, delay is authorized in writing by the Owner for any or a combination of the following unforeseen or unavoidable causes: a. Unusual inclement weather. b. Any act or neglect of the Owner or the Inspection Representative or any employee of either. c. By any authorized and written changes in the work requirements. d. By strike(s). e. By fire, flood, or natural disaster. f. Other, as approved in writing by the Owner. The time of completion as affected by an of the foregoing shall be extended for such reasonable time as is mutually agreed. The Owner shall be empowered to make final decisions on the justifiability of causes offered by the Contractor as a basis for extension(s) of time for performance. The Contractor shall schedule construction activities within the time frame described above. Liquidated damages will be assessed at $100 /day beginning the day following the expiration of the above mentioned completion date, to continue until completion subject to the provisions described above. ARTICLE 5. NOTICE TO PROCEED It is expressly understood that the Contractor shall not commence work prior to receipt of written Notice to Proceed, prepared and executed by the Owner. This instrument, together with the other documents enumerated in Article 3, which said other documents are as fully a part of the Contract as if hereto attached or herein repeated, for the component part first enumerated in this Article 3 shall govern, except as otherwise specifically stated. The various provisions in Addenda shall be copstrued in 4he order of preference of the component part of the Contract which each modifies. hisassVsinglfam sg.doc IN WITNESS HEREOF, the parties hereto have caused this instrument tcFbP_eieF4ted in five original counterparts as of this date. 2001 NOV -2 All 11: 03 ATTEST: CITY CI -NK (Contractor) IOWA CITY IOWA By Title Business Address: ATTEST: (ICHA) By Title Business Address: haassVI 11fxmM1Sel dn< Performance And Payment Bond -1LED 7001 NOV —2 AN 11: 03 as (Here insert the name and address or legal title of the Contractor) Principal, hereinafter called the Contractor and CITY Y CLERK (insert the legal ' tQ §ZrdqM as Surety, hereinafter called the Surety, are held and firmly bound unto the City of Iowa City, Iowa, as obligee, hereinafter called the Owner, in the amount of for the payment for which Contractor and Surety hereby bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has, as of (date) entered into a written Agreement with Owner for the construction of a single - family home under the Affordable Dream Home Opportunities Program; and WHEREAS, the Agreement requires execution of this Performance and Payment Bond, to be completed by Contractor, in accordance with plans and specifications prepared by , which Agreement is by reference made a part hereof, and the agreed- upon work is hereafter referred to as the Project. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Agreement, then the obligation of this bond shall be null and void; otherwise it shall remain in full force and effect until satisfactory completion of the Project. A. The Surety hereby waives notice of any alteration or extension of time made by the Owner. B. Whenever Contractor shall be, and is declared by Owner to be, in default under the Agreement, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Project in accordance with the terms and conditions of the Agreement, or 2. Obtain a bid or bids for submission to Owner for completing the Project in accordance with the terms and conditions of the. Agreement; and upon determina- tion by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available, as work progresses (even though there may be a default or a succession of defaults under the Agreement or subsequent contracts of completion arranged under this paragraph), sufficient funds to pay the cost of completion, less the balance of the Contract Price, but not Ns.sIVInVN—Mb C r 1 r nexceeding the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount Ali I1: &*able by Owner to Contractor under the Agreement, together with any addenda 2w Rol and/or amendments thereto, less the amount properly paid by Owner to CLy(L=R� Rntractor. I� CIl Contractor and Contractor's Surety shall be obligated to keep the improvements covered by this bond in good repair for a period of one (1) year from the date of formal acceptance of the improvements by the Owner. D. No right of action shall accrue to or for the use of any person, corporation or third party other than the Owner named herein or the heirs, executors, administrators or successors of Owner. IT IS A FURTHER CONDITION OF THIS OBLIGATION that the Principal and Surety, in accordance with provisions of Chapter 573, Code of Iowa, shall pay to all persons, firms or corporations having contracts directly with the Principal, including any of Principal's subcontrac- tors, all claims due them for labor performed or materials furnished in the performance of the Agreement for whose benefit this bond is given. The provisions of Chapter 573, Code of Iowa, are a part of this bond to the same extent as if it were expressly set out herein. SIGNED AND SEALED THIS DAY OF 12000. IN THE PRESENCE OF: Witness Witness hisassVVng11zl ppb. d4 (Principal) (Title) (Surety) (Title) (Address) PART II — CONDITIONS OF CONTRACT IMPORTANTH r IED 2001 NOY -2 AM 11: 03 CITY CLERK IOWA CITY IOWA Included in this Project Manual are: (1) U.S. Department of Housing and Urban Development — General Conditions of the Contract for Construction (2) City of Iowa City — General Conditions and Instructions to Bidders (3) City of Iowa City — Contract Compliance Program In case of conflict, the HUD Document shall govern unless the Iowa City Document is more stringent, in which case the Iowa City Document shall govern. U.S. Department of Housing and r Urban Development FIB F� Office of Public and Indian Housing 20�I F�di� —2 �ii'�I Ili �3 P OMB No. 2577-0094 (ex 7/31,93 CIS,( Public reporting burden for this collection of information is estimated to average 0.25 hours per response I IOWA including the time for reviewing instructions, searching existing data sources• gathering and maintaining the IO\NA CI I �I, data needed, and completing and reviewing the collection of information. Send comments regarding chic burden estimate or any other aspect of this collection of information, including suggestions for reducing thiv burden, to the Reports Management Officer, Office of Information Policies and Systems, U.S. Department o Housing and Urban Development, Washington, D.C. 20410 -3600 and to the Office of Management an( Budget, Paperwork Reduction Project (25770094), Washington, D.C. 20503. Do notsend etiscompleted Porn to either of these addressees. ( enerai Conditions of the G, no:r 1"M Uor G n" r.ruielion Public and Indian Housing Programs form HUO.5370 (11/92 Previous Edition H Obsolete rable of Contents Clause Page Londuct of Work Administrative Requirements FILED 8 1 Definitions 1 25, Contract Period _ Contractor's Responsibility for Work 2 26. Order of Precedence 8 3 Architect's Duties, ResponsibiMes, and Authority 2 27. Payments 2001 NOY -2 AK 11: 03 8 4 Other Contracts 2 28. Contract Modifications 9 Construction Requirements 29. Changes CI I I r ��r�l! I I CLERK 9 5. PreconsUuction Conference and Notice to Proceed 2 30. Suspension of Wo (TWA CITY, IOWA 9 6, Construction Progress Schedule 3 31. Disputes 10 7 Site Investigation and Conditions Affecting the Work 3 32 Default 10 3. Differing Site Conditions - 3 33. Liquidated Damages 10 9. Specifications and Drawings for Construction - 3 34. Termination for Convenience 10 10. As -Built Drawings 4 35. Assignment of Contract 11 I1 Material and Workmanship 4 36. Insurance 11 12. Permits and Codas 5 37. Subcontracts 11 13. Health, Safety, and Accident Prevention 5 38. Subcontracting with Small and Minority Firms, Women's Business Enterprise, and Labor Surplus Area Firms 11 14. Temporary Heating 5 39. Equal Employment Opportunity 12 15. Availability and Use of Utility Services 5 40. Equal Opportunity for Businesses and Lower- Income Persons 12 16. Protection of Existing Vegetation, Structures, Equipment, 12 Utilities, and Improvements 5 41. Indian Preference 17. Temporary Buildings and Transportation of Materials 6 42. Interest of Members of Congress 12 18. Clean Air and Water 6 43. Interest of Members, Officers, or Employees and Former 6 Members, Officers, or Employees 12 19. Energy Efficiency 44 Limitations on Payments made to Influence Certain Federal 20. Inspection and Acceptance of Construction 6 . Financial Transactions 13 21. Use and Possession Prior to Completion 7 45. Royalties and Patens 13 22. Warranty of Tilde 7 46. Examination and Retention of Contractor's Records 13 23. Warranty of Construction 7 47. ' Labor Standards - Davis -Bacon and Related Acts 13 24. Prohibition Against Uens 8 48. Labor Standards - Non - Routine Maintenance 16 49. Non - Federal Prevailing Wage Rates 17 General Conditions of the Contract for Construction - Public and Indian Housing Programs Conduct of Work 1. Definitions (a) "Architect" means the person or other entity engaged by the PHA/IHA to perform architectural, engineering, design, and other services related to the work as provided for In the contract. When a PHAAHA uses an engineer to act In this capacity, the terms "architect" and "engineer" shall be synonymous. The Archhect shall serve as a technical representative of the Contracting Officer. The Architect's authority is as set forth elsewhere in this contract. (b) "Contract" means the contract entered into between the PHA/ IHA and the Contractor. it includes the forms of Bid, the Bid Bond, the Performance and Payment Bond or Bonds or other assurance of completion, the Certifications, Representations, and Other State- ments of Bidders (form HUD - 5369 -A), these General Conditions of the Contract for Construction (form HUD - 5370), the applicable wage rate determinations from either the U.S. Department of Labor or HUD, any special conditions included elsewhere In the contract, the speci- fications, and drawings. It includes all formal changes to any of those documents by addendum, change order, or other modifIcation. (c) "Contracting Officer" means the person delegated the author Ay by the PHAAHA to enter into, administer, and/or terminate IN contract and designated as such In writing to!he Contractor. The tart includes any successor Contracting Officer and any duly authorize representative of the Contracting Officer also designated in writinc The Contracting Officer shall be deemed the authorized agent of th PHA/IHA in all dealings with the Contractor. (d) "Contractor" means the person or other entity entering into th contract with the PHA/IHA to perform all of the work required unde the contract. (e) " Drawings" means the drawings enumerated in the schedule r drawings contained in the SpecHlcallons and as described in th contract clause entitled Specifications and Drawings for Cot struction herein. (f) "HUD" means the United Stales of America acting through th Departmentof Housing and Urban Development including the Sect( tary, or any other person designated to act on its behalf. HUD ha Page 1 of 18 agreed; subject to the provisions of an Annual Contributions Contract PHA, IHA and all rubbish caused by its work; (2) leave the work area tACC). to provide financial assistance to the PHAAHA, which includes ina clean, neat. and orderly condition satisfactory to the Contracting aesrslance in financing the work to be performed under this contract. ficer. t3) perform all specified tests; and, (4) deliver the installation As defined elsewhere in these General Conditions or the contrI[ omplete and operating condition. documents, the determination of HUD may be required to autho�iiz (h) The iontractor's responsibility will terminate when all work has --hanges in the work or for release off unds to the PHAAHA for payment - the final inspection made. and the work accepted by :o the Contractor. Notwithstanding HUD's role. nothing in(��AUct-2 r Ah brdfr`dcting Officer. The Contractor will then be released from ;hall be construed to create any contractual relationship between the further obligation except as required by the warranties specified Contractor and HUD. 10I'1)r L;l CRS ('Where in the contract. ,g) "Project" means the entire project, whether cons pq1, o rehabilitation, the work for which is provided for in whole�b}Ir7 park I I Y, 310Vichitecl's Duties, Responsibilities, and Authority under this contract. (a) The Architect for this contract, and any successor, shall be (h) "PHA/ IHA" means the Public Housing Agency or Indian Housing Authority organized under applicable state ortribal lawwhich is a party to this contract. �i) "Specifications" means the written description of the technical requirements for construction and includes the criteria and tests for determining whether the requirements are met. (I) "Work" means materials, workmanship, and manufacture and fabrication of components. 2. Contractor's Responsibility for Work (a) The Contractor shall furnish all necessary labor, materials, tools, equipment, and transportation necessary for performance of the work. The Contractor shall also furnish all necessary water, heat, fight, and power not made available to the Contractor by the PHA/IHA pursuant to the clause entitled Availability and Use of Utility Services herein. (b) The Contractor shall perform on the site, and with its own organization, work equivalent to at least ( j (12 percent unless otherwise indicated) of the total amount of worklo be performed under the order. This percentage may be reduced by a supplemental agreementto this order ff, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the PHAAHA. (c) At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the work site a competent superinten- dent who is satisfactory to the Contracting Officer and has authority to act for the Contractor. (d) The Contractor shall be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negli- gence, and shall take proper safety and health precautions to protect the work, the workers, the public, and the property of others. The Contractor shall hold and save the PHAAHA, its officers and agents, free and harmless from liability of any nature occasioned by the Contractor's performance. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract. (e) The Contractor shall layout the work from base lines and bench marks indicated on the drawings and be responsible for all lines, levels, and measurements of all work executed under the contract. The Contractor shall verify the figures before laying out the work and will be held responsible for any errcrresulting from its failure to do so. (f) The Contractor shall confine all operations (including storage of materials) on PHAAHA premises to areas authorized or approved by the Contracting Officer. (g) The Contractor shall at all times keep the work area, including storage areas, free from accumulations of waste materials. After completing the work and before final Inspection, the Contractor shall (1) remove from the premises all scaffolding, equipment, tools, and materials (including rejected materials) that are not the propertyof the designated in writing by the Contracting Ofticer. (b) The Architect shall serve as the Contracting Officer's technical representative with respect to architectural, engineering, and design matters related to the work performed under the contract. The Architect may provide direction on contract performance. Such direction shall be within the scope of the contract and may not be of a nature which: (1) institutes additional work outside the scope of the contract; (2) constitutes a change as defined in the Changes clause herein; (3) causes an increase ordecrease in the cost of the contract; (4) alters the Construction Progress Schedule; or (5) changes any of the other express terms or conditions of the contract. (c) The Architect's duties and responsibilities may include but shall not be limited to: (1) Making periodic visits to the work site, and on the basis of his /her on -site inspections, issuing written reports to the PHAAHA which shall include all observed deficiencies. The Architect shall file a copy of the report with the Contractor's designated representative at the site; (2) Making modifications in drawings and technical specifica- tions and assisting the Contracting Officer in the preparation of change orders and other contract modifications for issuance by the Contracting Officer; (3) Reviewing and making recommendations with respectto - (1) the Contractor's construction progress schedules; (ii) the Contractor's shop and detailed drawings; (ill) the machinery, me- chanical and other equipment and materials or other articles pro- posed for use by the Contractor; and, (N) the Contractor's price breakdown and progress payment estimates; and, (4) Assisting in Inspections, signing Certificates of Comple- tion. and making recommendations with respect to acceptance of work completed under the contract. 4. Other Contracts The PHAAHA may undertake or award othercontracts for additional work at or nearthe site of the work underthis contract. The Contractor shall fully cooperate with the other contractors and with PHAAHA employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heed- ing any direction that maybe provided by the Contracting Officer. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by PHA/IHA employees. Construction Requirements 5. Preconstruction Conference. and Notice to Proceed (a) Within ten calendar days of contract execution, and prior to the commencement of work. the Contractor shall attend a precon- struction conference with representatives of the PHAAHA, its Archi- tect, and other interested parties convened by the PHAAHA. The conference will serve to acquaint the participants with the general plan of the construction operation and all other requirements of the oontraet. The PHA/ IHAwlll provide the Contractorwith the date. time, Page 2 of 18 and plece of the conference. (o) The PHA/IHA assumes no responsibility for any conclusions or bi The contractor shall begin work upon receipt of a written Notice interpretations made by the Contractor based on the information proceed from the Contracting Officer or designee. The Contractor made available by the PHA/IHA. Nor does the PHA/IHA assume ;roll not begin work prior to receiving such notice. FI LE ponsibility for any understanding reached or representation made ncoming conditions which can affect the work by any of its officers 6. Construction Progress Schedule or agents before the execution of this contract, unless that under - 31 rho Contractor shall, within live days after the work"PM400s -2 a d'r@l representation is expressly stated in this contract. .n the contract or anotherpenod of time determined by the Contract- 8. Differing Site Conditions rg Officer. prepare and submit to the Contracting Officer for a r I (,�- �(���The Contractor shall promptly, and before the conditions are :nree copies of a practicable schedule showing the order in wh h ., Contractor proposes topedormlhework , andlhedaleso l� tkth J i dl�tid, give a written notice to the Contracting Officer of (i) �anlractor contemplates starting and completing the several salient subsurface or latent physical conditions at the site which differ !eatures of the work (including acquiring labor, materials, and equip- materially from those indicated in this contract, or (2) unknown ment). The schedule shall be in the form of aprogress chart of suitable physical conditions at the site(s), of an unusual nature, which differ scale to indicate appropriately the percentage of work scheduled for materially from those ordinarily encountered and generally recog- ompletionto anygiven date during the period .If the Contractor fails nizedasinheringin work of the character provided for in the contract. 'o submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments or take other remedies under the contract until the Contractor submits the required schedule. (b) The Contractor shall enter the actual progress on the chart as required by the Contracting Officer, and immediately deliver three copies of the annotated schedule to the Contracting Off Icer. If the Contracting Officer determines, upon the basis of inspection con- ducted pursuant to the clause entitled Inspection and Acceptance of Construction, herein that the Contractor is not meeting the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the PHA/IHA. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/ or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contract- ing Officer deems necessary to demonstrate how the approved rate of progress will be regained. (c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determi- nation by the Contracting Off icerthat the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified In the Contract. Upon making this determination, the Contracting Officer may terminate the Contractor's right to proceed with the work, or any separable part of 4, in accordance with the Default clause of this contract. 7. Site Investigation and ConditionsAffeWngtheWork (a) The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied Itself as to the general and local conditions which can affect the work or Its cost, including but not invited lo, (t) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of labor, water, electric power, and roads; (3) uncertainties of weather, river stages, tides, or similar physical conditions at the site; (4) the conformation and conditions of the ground; and (5) the character of equipment and facilities needed preliminary to and during work performance. The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered Insofar as this Information is reason- - ably ascertainable from an inspection of the site, including all explor- atory work done by the PHA/IHA, as well as from the drawings and specifications made a part of this contract. Any failure of the Contractor to lake the actions described and acknowledged In this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the PHA/IHA. (b) The Contracting Officer shall investigate the site conditions promptly after receiving the notice. Work shall not proceed at the affected site, except at the Contractor's risk, until the Contracting Officer has provided written instructions to the Contractor. If the conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, the Contractor shall file a claim in writing to the PHA/ IHA within ten days after receipt of such instructions and, in any event, before proceeding with the work. An equitable adjustment in the contract price, the delivery schedule, or both shall be made under this clause and the contract modified in writing accordingly. (c) No request by the Contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the Contractor has given the written notice required; provided, that the time prescribed in (a) above for giving written notice may be extended by the Contracting Officer. (d) No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract. 9. Specifications and Drawings for Construction (a) TheContract or shall keep on the work site a copy of the drawings and specifications and shall at all times give the Contracting Officer access thereto. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned In the specifications,, shall be of like effect as if shown or mentioned In both. In case of difference between drawings and specifications, the specifications shall govern. In case of dlscrepancy in the figures, in the drawings, arm the specifications, the matter shall be promptly submitted to the Contracting Officer, who shall promptly make a determination In writing. Any adjustment by the Contractor wilhou; such a determination shall be at Its own risk and expense. The Contracting Officer shall furnish from time to time such details( drawings and other information as considered necessary, unless otherwise provided. (b) Wherever in the specif ications or upon the drawings the word: " directed ", "required ", "ordered ", "designated ",'prescribed ", orwcrd: of like import are used, it shall be understood that the "direction" "requirement ", "order ", "designation ", or "prescription ", of the Con tracting Officer Is intended and similarly the words "approved" "acceptable ", "satisfactory", or words of like - ,import shall mear "approved by ", or "acceptable to ", or "satisfactory to" the Contractinc Officer, unless otherwise expressly stated. - . - (c) Where "as shown",- "as indicated", "as detailed ", or words o similar Import are used, it shall be understood that the reference i, made to the drawings accompanying this contract unless stater otherwise. The word "provided " - as used herein shall be understooc to mean "provide complete In place ", that Is furnished and Installed" Page 3 of 18 ;d) 'Shop drawings' means drawings, submitted to the PHA/IHA by horizontal offset distances to permanent surface improvements such the Contractor, subcontractor, or any lower tier subcontractor, show- as buildings, curbs, or edges of walks. .ng in detail (t) the proposed fabrication and assembly of structufal This clause shall be included in all subcontracts at any tier. Itshall Lb §-lh alements and (2) the installation (i. a ., form, fit, and attachment detaijSI a responsibility of the Contractor to ensure that all as -buill of materials of equipment. It includes drawings, diagrams, layouts, drawings prepared by subcontractors are submitted to the Contract - schematics, descriptive literature, illustrations, schedule4 j(�} in fi ance and lest data, and similar materials furnished by the �iih�r U -2 �� r �''Bi3 explain in detail specific portions of the work required by the 11. Material and Workmanship .onlfacl. The PHA/IHA may duplicate, use, and disclose iOiW CL6RIAllaquipment. material, and articles furnished under this contract Manner and for any purpose shop drawings delivered ur) cf�/, �isClTYs hPVAew and of the most suitable grade for the purpose intended, :onlract. ivv vn un ess otherwise specifically provided in this contract. References in ,e) If this contract requires shop drawings, the Contractor shall I I d coordinate all such drawings, and review them for accuracy, com- pleteness, and compliance with order requirements and shall indicate its approval thereon as evidence of such coordination and review. Shop drawings submitted to the Contracting Officer without evidence of the Contractor's approval may be returned for resubmission. The Contracting Officerwill indicate an approval ordisapproval of the shop drawings and if not approved as submitted shall indicate the PHA/ IHA's reasons thereto(. Any work done before such approval shall be at the Contractor's risk. Approval by the Contracting Officer shall not relieve the Contractor from responsibility for any errors or omissions in such drawings, nor from responsibility for complying with the requirements of this contract, except with respect to variations described and approved in accordance with (f) below. (f) If shop drawings show variations from the contract requirements, the Contractor shall describe such variations in writing, separate from the drawings, at the time of submission. If the Architect approves any such variation and the Contracting Officer concurs, the Contracting Officer shall issue an appropriate modification to the contract, except that, if the variation is minor or does not involve a change in price or in time of performance, a modification need not be issued. (g) It shall be the responsibility of the Contractor to make timely requests of the PHA/IHA for such large scale and full size drawings, color schemes, and other additional information, not already in his possession, which shall be required in the planning and production of the work. Such requests may be submitted as the need arises, but each such request shall be filed in ample time to permit appropriate action to be taken by all parties involved so as to avoid delay. (h) The Contractor shall submit to the Contracting Officer for ap- proval four copies (unless otherwise indicated) of all shop drawings as called for underlh a various headings of these specifications. Three sets (unless otherwise indicated) of all shop drawings, willbe retained by the PHA/IHA and one set will be returned to the Contractor. As required bythe Contracting Officer, the Contractor, upon completing the work under this contract, shall furnish a complete set of all shop drawings as finally approved. These drawings shall show all changes and revisions made up to the time the work is completed and accepted. ;) This clause shall be included in all subcontracts at any tier.ltshall oe the responsibility of the Contractor to ensure that all shop drawings orepared by subcontractors are submitted to the Contracting Officer: 10. As -Built Drawings (a) "As -built drawings," as used in this clause, means drawings submitted by the Contractor or subcontractor at any tier to show the construction of a particular structure or work as actually completed ender the contract. "As -buitt drawings" shall be synonymous with 'Record drawings." (b) As required by the Contracting Officer, the Contractor shall provide the Contracting Officer accurate information to be used in the preparation of permanent as -built drawings. For this purpose, the Contractor shall record on one set of contract drawings all changes from the installations originally indicated, and recordfinat locations of h� rtcMh from nnlsh nrade and by accurate the contract to equipment, mater a , a es, or patents processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may, at its option, use any equipment, material, article, or process that, in the judgment of, and as approved bythe Contracting Officer, is equal to that named in the specif ications; unless otherwise specifically provided in this contract. (b) Approval of equipment and materials. (1) The Contractor shall obtain the Contracting Officer's ap- proval of the machinery and mechanical and other equipment to be incorporated Into the work. When requesting approval, the Contractor shall furnish to the Contracting Officer the name of the manufacturer, the model number, and other information concerning the perfor- mance, capacity, nature, and rating of the machinery and mechanical and other equipment. When required by this contract or by the Contracting Officer, the Contractor shall also obtain the Contracting Officer's approval of the material or articles which the Contractor contemplates incorporating into the work. When requesting approval, the Contractor shall provide full information concerning the material or articles. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection. (2) When required by the specifications or the Contracting Officer, the Contractor shall submit appropriately marked samples (and certificates related to them) for approval at the Contractor's expense, with all shipping charges prepaid. The Contractor shall label, or otherwise properly mark on the container, the material or product represented, its place of origin, the name of the producer, the Contractor's name, and the identification of the construction project for which the material or product is intended to be used. (3) Certificates shall be submitted in triplicate, describing each sample submitted for approval and certifying that the material, equipment or accessory complies with contract requirements. The certificates shall include the name and brand of the product, name of manufacturer, and the location where produced. (4) Approval of a sample shall not constitute a waiver of the - PHA/IHA right to demand full compliance with contract requirements. Materials, equipment and accessories may be rejected for cause even though samples have been approved. (5) Wherever materials are required to comply with recog- nized standards or specifications, such specifications shall be ac- cepted as establishing the technical qualities and testing methods, but shall not govern the number of-tests required to be made nor modify other contract requirements. The Contracting Officer may require laboratory test reports on items submitted for approval or may approve materials on the basis of data submitted in certificates wilt samples. Check tests will be made on materials delivered for use only as frequently as the Contracting Officer determines necessary tc insure compliance of materials with the specifications. The Contras for will assume all costs of re- testing materials which fail to Mee contract requirements and /or testing materials offered in subslitutior for those found deficient. Page 4 of 18 (6) After approval, samples will be kept in the Project office until completion of work. They may be built :nlo the work after a substantial quantity of the materials they represent has been built in equitable adjustment for additional time or money on any stop order and accepted. F� rsspe under these circumstances. ,c) Prohibit ion against use of lead -based paint. The Contractor she e.) ha Contractor shall be responsible for its subcontractors' ,:omply with the prohibition against the use of lead -based paint compliance with the provisions of this clause. The Contractor shall :ontained in the Lead -Based Paint Poisoning Preventlo rrAAoo1 f,�' t ch QIon with respect to any subcontract as the PHA/IHA, the S.C. 4821 -4846) as implemented b 2d CFR Part 35. �UUI'YUy _2 �et p Y Secretary oT Ho using and Urban Development, or the Secretary of 12. Permits and Codes CI FY (; �19S,�3}hall direct as a means of enforcing such provisions. ,a) The Contractor shall give all notices and comply with �j '1- I i14'IQW�pnrary Heating cable laws, ordinances, codes, rules and regulations. Nolw'llli�taAd- The ontractor shall provide and pay for temporary heating, covering, ing the requirement of the Contractor to comply with the drawings and and enclosures necessary to properly protect all work and materials specifications in the contract, all work installed shall comply with all against damage by dampness and cold, to dry out the work, and lc applicable codes and regulations asamendedbyanywaivers .Before facilitate the completion of the work. Any permanent heating equip Installing the work, the Contractor shall examine thedrawings andthe ment used shall be turned over to the PHA/IHA in the condition anc specifications for compliance with applicable codes and regulations at the time required by the specifications. bearing on the work and shall immediately report any discrepancy it 15. Availability and Use of Utility Services may discover to the Contracting Officer. Where the requirements of Y Y !he drawings and specifications fail to comply with the applicable code or regulation, the Contracting Officer shall modify the contract by change order pursuant to the clause entitled Changes herein to conform to the code or regulation. (b) The Contractor shall secure and pay for all permits, fees, and licenses necessary for the proper execution and completion of the work. Where the PHA/IHA can arrange for the Issuance of all or part of these permits, fees and licenses, without cost to the Contractor, th e contract amount shall be reduced accordingly. 13. Health, Safety, and Accident Prevention (a) In performing this contract, the Contractor shall: (1) Ensure that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsani- tary, hazardous, or dangerous to his/her health and /or safely as determined under construction safety and health standards promul- gated by the Secretary of Labor by regulation; (2) Protect the lives, health, and safety of other persons; (3) Prevent damage to property, materials, supplies, and equipment: and, (4) Avoid work interruptions. (b) For these purposes, the Contractor shall: (1) Comply with regulations and standards issued by the Secretary of Labor at29 CFR Part 1926. Failure to comply mayresufl in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law91 -54, 83 Stat. 96),40 U.S. C. 327 et seq.; and, (2) Include the terms of this clause in every subcontracts othat such terms will be binding on each subcontractor. (c) The Contractor shall maintain an accurate record of exposure data on all accidents incident to work performed under this contract resulting in death, traumatic injury, occupational disease, or damage ;o property, materials, supplies, or equipment, and shall report this data in the manner prescribed by 24 CFR Part 1904. d) The Contracting Officer shall notify the Contractor of any non- compliance with these requirements and of the corrective action required. This notice, when delivered to the Contractor or the Contractor's representative at the site of the work, shall be deemed sufficient notice of the noncompliance and corrective action required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor falls or refuses to take corrective action promptly, the Contracting Officer may Issue an order stopping ail or part of the work until satisfactory corrective action has been taken. The Contractor shall not base any claim or request for (a) The PHA/IHA shall make all reasonably required amounts of utilities available to the Contractor from existing outlets and supplies as specified inthecontract. Unless otherwise provided in the contract the amount of each utility service consumed shall be charged to or paid for by the Contractor at prevailing rates charged to the PHA/IHP or, where the utility is produced by the PHA/IHA, at reasonable rate: determined by the Contracting Officer. The Contractor shall carefullS conserve any utilities furnished without charge. (b) The Contractor, at its expense and Ina manner satisfactorytothc Contracting Officer, shall install and maintain all necessary lemporar) connections and distribution lines, and all meters required to measure the amount of each utility used for the purpose of determininc charges. Before final acceptance of the work by the PHA/IHA, lhE Contractor shall remove all the temporary connections, distributlor lines', meters, and associated paraphernalia. 16. Protection of Existing Vegetation, Structures. Equipment, Utilities, and Improvements (a) The Contractor shall preserve and protect all structures, equip ment, and vegetation (such as trees, shrubs, and grass) on o adjacent to the work site, which are not to be removed under thk contract, and which do not unreasonably interfere with the wort required under this contract. (b) The Contrac!or shall only remove trees when specifically author ized to do so, and shall avoid damaging vegetation that will remain it place. If any limbs or branches of trees are broken during perform ance of this contract, or by the careless operation of equipment, or b' workmen, the Contractor shall trim those limbs or branches with clean cut and paint the cut with a tree - pruning compound as directel by the Contracting Officer. (c) The Contractor shall protect from damage all existing improvc ments and utilities (1) at or near the work site and (2) on adjacer property of a third party, the locations of which are made known to c should be known by the Contractor. Prior to disturbing the ground the construction site, the Contractor shall ensure that all undergroun utility lines are clearly marked. (d) The Contractor shall shore - up, .brace, underpin, secure, an protect as necessary all foundations and other parts of existin structures adjacent to, adjoining, and in the vicinity of the sits, whic may be affected by the excavations or other operations connecte with the construction of the project. (e) Any equipment temporarily removed asaresuItof work underth contract shall be protected, cleaned, and replaced in the Sam Page 5 of 18 form condih ^n as at the time of award of this contract. shall be deemed a facility except when the Administrator, or a ,1) New work which connects to existing work shall correspond in 4- designee, of the Environmental Protection Agency (EPA) determines respects with that to which it connects and /or be similar to existi g' 11'. tti t idependent facilities are collocated in one geographical area. ,vork unless otherwise required by the specifications. (b) In compliance with regulations issued by the United States g! No structural members shall be altered or in anyway c ��h p _ 2 �})ijSqn� ental Protection Agency (EPA). 40 CFR Part 15, pursuant Hnhout the written authorization of the Contracting Officer, unless the Federal tarter as amended Cod ("Air Act'), 42 U.S.C. ('Wet r seq., such work is clearly specified in the plans or specifications. I the federal Water Pollution Control Act, rd amended ( "Water Actor f�h � Ol�'IT.r.ES.C. 1251, at seq., and Executive Order 11738, the Contractor ,'il If the removal of the existing work exposes discolored ¢p{( f h o��� _ sned surfaces, or work out of alignment, such surfacesl�l) ECi� T Y"' A refinished, or the material replaced as necessary to make the (1) Not utilize any facility in the performance of this contractor continuous work uniform and harmonious. This, however, shall not any subcontract which is listed on the EPA List of Violating Facilities be construed to require the refinishing or reconstruction of dissimilar Pursuant to Part 15 of the regulations for the duration of time that the finishes previously exposed, or finished surfaces in good condition, facility remains on the list; but in different planes or on dilf Brent levels when brought together by the removal of intervening work, unless such refinishing or recon- struction is specified in the plans or specifications. J) The Contractor shall give all required notices to any adjoining or adjacent property owner or other party before the commencement of any work. (j) The Contractor shall indemnify and save harmless the PHA/IHA from any damages on account of settlement or the loss of lateral support of adjoining property, any damages from changes in topog- raphy affecting drainage, and from all loss or expense and all damages forwhich the PHAAHA may become liable inconsequence of such injury or damage to adjoining and adjacent structures and their premises. (k) The Contractor shall repair any damage to vegetation, struc- tures, equipment, utilities, or Improvements, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract orfailure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor. 17. Temporary Buildings and Transportation of Materials (a) Temporary buildings (e.g., storage sheds, shops, offices, sent - taryfacililies) and utilities maybe erected by the Contractor onlywith the approval of the Contracting Off lost and shall be bulft with labor and materials furnished by the Contractor without expense to the PHA/ - IH A. The temporary buildings and utilities shall remain the property of the Contractor and shall be removed by the Contractor at its expense upon completion of the work. With the written consent of the Contracting Officer, the buildings andutlli es maybe abandoned and need not be removed. (b) The Contractor shall, as directed by the Contracting Officer, use only established roadways, or use temporary roadways constructed by the Contractor when and as authorized by the Contracting Officer. When materials are transported in prosecuting the work, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by any federal, state, or local law or regulation. When it Is necessary to cross curbs or sidewalks, the Contractor shall protect them from damage. The Contractor shall repair or pay for the repair of any damaged curbs, sidewalks, or roads. 18. Clean Air and Water (Applicable to Contracts in Excess of $100,000) - - (a) Definition. "Facility" means any building, plant, Installation, structure, mine, vessel or other floating craft, location, or site of oparatlons, owned, leased, or supervised by the Contractor or any subcontractor, used in the performance of the contract or any subcontract. When a location or she of operations Includes more than one building, plant, Installation, or structure, the entire location or site (2) Promptly notify the Contracting Officer if a facility the Contractor intends to use in the performance of this contract is on the EPA List of Violating Facilities or the Contractor knows that it has been recommended to be olaced on the List; (3) Comply with all requirements of the Air Act and the Water Act, including the requirements of Section 114 of the Air Act and Section 308 of the Water Act, and all applicable clean air and clean water standards; and, (4) Include or cause to be included the provisions ofthisclause In every subcontract, and take such action as HUD may direct as a means of enforcing such provisions. 19. Energy Efficiency The Contractor shall complywith all standards and policies relating to energy efficiencywhich are contained in the energy conservation plan issued In compliance with the Energy Policy and Conservation Act (Pub.L. 94 -163) for the Stale in which the work under the contract is performed. 20. Inspection and Acceptance of Construction (a) Definitions. As used In this clause - (1) "Acceptance" means the act of an authorized represen- tative of the PHA/IHA by which the PHAAHA approves and assumes ownership of the work performed under this contract. Acceptance may partial or complete. (2) "Inspection means examining and testing the work performed under the contract (Including, when appropriate, raw materials, equipment, components, and Intermediate assemblies) to determine whether it conforms to contract requirements. (3) "Testing" means that element of Inspection that deter- mines the properties or elements, Including functional operation of materials, equipment, or their components, by the application of established scientific principles and procedures. (b) The Contractor shall maintain an adequate Inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. All work is subject to PHA/IHA inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract. (c) - PHAAHA inspections and tests are for the sole benefit of the PHA/ IHA and do not: (1) relieve the Contractor of responsibility for providing adequate quaiitycontrolmeasures; (2) relieve the Contrac- tor of responsibility for loss or damage of the material before acceptance; (3) constitute or imply acceptance; or, (4) affect the continuing rights of the PHAAHA after acceptance of the completed work-under paragraph 0) below. (d) The presence or absence of the PHA/IHA Inspector does not relieve the Contractor from any contract requirement, nor Is the Inspector authorized to change any term or condition of the specifica- tions without the Contracting Officer's written authorization. All Page 6 of 18 :nslructions and approvals with respect to the work shall be given to the work resulting from the PHA/IHA's possession or use, notwith the Contractor by the Contracting .Officer. standing the terms of the clause entitled Permits and Codes herein ,91 The Contractor shall promptly furnish, without additional char e 2 all maintenance costs on the areas occupied; and, (3). furnishinc all facilities, labor, and material reasonably needed for pedor F e ,light, power, and water used in the areas occupied w thou to er remuneration therefor. If riot possession or use b th such safe and convenient inspections anp tests as may be required P P P P y e PHA oy the Contracting Officer. The PHA/IHA maycharge to tqq �qqqqj�{{�c IHA delayys the progress of the work or causes additional expense u tar any additional costal' inspection or test when work is (t :�egpcF 2 AN41)rQrfactor, an equitable adjustment shall be made in the contrac the time specified by the Contractor for inspection or test, or when price or the time of completion, and the contract shall be modified it prior rejection makes reinspection or retest necessary. The PF( Ip6 C' r ng accordingly. shall perform all inspections and tests in a manner th g�y��anghl�r q@ %gAarrant of Title unnecessarily delay he work. Special, full size, and perft5 �cA The Contractor warrants good title to all materials, supplies, anc tests shall be performed as described in the contract. equipment incorporated in the work and agrees to deliver the pre (f) The PHA/IHA may conduct routine inspections of the construc- mises together with all improvements thereon free from any claims lion site on a daily basis. liens or charges, and agrees further that neither it nor any othe (g) The Contractor shall, without charge, replace or correct work found by the PHA/IHA not to conform to contract requirements, unless the PHA/IHA decides that it is in its interest to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises. (h) If the Contractor does not promptly replace or correct rejected work, the PHA/IHA may (1) by contract or otherwise, replace or corract the work and charge the cost to the Contractor, or (2) terminate for default the Contractor's right to proceed. (i) If any work requiring inspection is covered up without approval of the PHA/IHA, it must, if requested by the Contracting Officer, be uncovered at the expense of the Contractor. If at any time before final acceptance of the entire work, th a PHA/IHA considers it necessary or advisable, to examine work already completed by removing or tearing it out, the Contractor, shall on request, promptly furnish all necessary facilities, labor, and material. If such work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray all the expenses of the examination and of satisfactory reconstruction. if, however, such work is found to meet the requirements of the contract, the Contracting Officer shall make an equitable adjustment to cover the cost of the examination and reconstruction, Including, If comple- tion of the work was thereby delayed, an extension of time. (j) The Contractor shall notify the Contracting Officer, in writing, as to the date when in its opinion all or a designated portion of the work will be substantially completed and ready for Inspection. If the Architect determines that the state of preparedness is as repre- sented, the PHA/IHA will promptly arrange for the Inspection. Unless otherwise specified in the contract, the PHA/IHA shall accept, as sea n as practicable after completion and Inspection, all work required by the contract or that portion of the work the Contracting Officer determines and designates can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the PHA's /IRA's right- under any Narranty or guarantee. 21. Use and Possession Prior to Completion (a) The PHA/IHAshall have the rightto take possession of of use any completed or partially completed part of the work. Before taking possession of or using any work, the Contracting Officer shall furnish the Contractor a list of items of work remaining to be performed or corrected on those portions of the work that the PHAAHA intends to take possession of or use. However, failure of the Contracting Officer to list any ite m of work shall not relieve the Contractor of responsibility for complying with the terms of the contract. The PHA/IHA's possession or use shall not be deemed an acceptance of any work under the contract. (b) While the PHA/IHA has such possession or use, the Contractor shall be relleved of the responsibility for (1) the loss of or damage to person, firm or corporation shall have any right to a lien upon thr premises or anything appurtenant thereto. 23. Warranty of Construction (a) In addition to any other warranties in this contract, the Contracto warrants, except as provided in paragraph Q) of this clause, that wort performed under this contract conforms to the contract requirement! and is free of any defect In equipment, material, or workmanshif performed by the Contractor or any subcontractor or supplier at an, tier. This warranty shall continue for a period of (one yea unless otherwise Indicated) from the date of final acceptance of th( work. If the PHA/IHA takes possession of any part of the work belorc final acceptance, this warranty shall continue for a period of _(on r year unless otherwise indicated) from the date that the PHA/I HA take! possession. (b) The Contractor shall remedy, at the Contractor's expense, an, failure to conform, or any defect. In addition, the Contractor shat remedy, at the Contractor's expense, any damage to PHA -/IHA owned or controlled real or personal property when the damage is the result of— (1) The Contractor's failure to conform to contract require ments; or (2) Any defects of equipment, material, workmanship or de sign furnished by the Contractor. (c) The Contractor shall restore any work damaged in fulfilling th. terms and conditions of this clause. The Contractor's warranty wit respect to work repaired or replaced will run for (one yea unless otherwise indicated) from the date of repair or replacement (d) The Contracting Officer shall notify the Contractor, in writinc within a reasonable time after the discovery of any failure, defect c damage. (s) If the Contractor falls to remedy any failure, defect, or damag within a reasonable time after receipt of notice, the PHA/IHA she have the right to replace,-repair or otherwise remedy the tailun defect, or damage at the Contractor's expense. (f) With respect to all warranties, express or implied, from subcoi tractors, manufacturers, or suppliers for work performed and mail rials furnished under this contract, the Contractor shall: (1) Obtain all warranties that would be given in normal con mercial practice; (2) Require all warranties to be executed In writing, for It benefit of the PHA/IHA; and, (3) Enforce all warranties for the benefit of the PHA/IHA. (g) In the event the Contractor's warranty under paragraph (a)ofth clause has expired, the PHA/IHA may bring suit at its own expen: to enforce a subcontractor's, manufacturer's or supplier's warrant (h) Unless a defect Is caused by the negligence of the Con tractor . subcontractor or supplier at any flat, the Contractor shall not be nab Page 7 of 18 IIM 'or the repair of any defect of material or design furnis hod by the PH A/ price. Such estimates shall be submitted not later than days HA nor for the repair of any damage that results from any defect In in advance of the date set for payment and are subject to correction = HA/IHA furnished material or design. erosion as required. The estimates must be approved by the Notwithstanding any provisions herein to the contrary, the estabFIl--- it cling Officer with the concurrence of the Architect prior to shmontof the time periods in paragraphs (a) and (c) above relate only payment. If the contract separate progress payment a estimate each. Contractor v the specific obligation of the Contractor to correct the v sh II forms a separate progress payment estimate for each. eve no relationship to the time within which is obligation le'tle — 2 (e�� ling lh each request for progress payments and the required m ththecont racl maybe sought tobe enforced, norlothetimewilhin estimates, the Contractor shall furnish the following certification, or .vnich proceedings maybe commenced to establish the Contractoll Y afyHKPl shall not be made: lability with respect to its obligation other than specifically toOTA CiTh(10OVArlily, to the best of my knowledge and belief, that - -ne work. I) This warranty shall not limit the PHA's /IHA's rights under the Inspection and Acceptance of Construction clause of this contract Nith respect to latent defects, gross mistakes or fraud. 24. Prohibition Against Liens `he Contractor is prohibited from placing a lien on the PHA's /IHA's croperly. This prohibition shall apply to all subcontractors at any tier and all materials suppliers. Administrative Requirements 25. Contract Period The Contractor shall complete all work required under this contract within _ calendar days of the effective date of the contract, or within the time schedule established in the notice to proceed issued by the Contracting Officer. 26. Order of Precedence ;n the event of a conflict between these General Conditions and the Specifications, the General Conditions shall prevail. In the event of a conflict between the contract and any applicable slate or local law or regulation, the state or local law or regulation shall prevail; provided that such state or local law or regulation does not conflict with, or is less restrictive than applicable federal law, regulation, or Executive Order. In the event of such a conflict, applicable federal law, regulation, and Executive Order shall prevail. 27. Payments (a) The PHA/IHA shall pay the Contractor _the price as provided inthis contract. ;b) The PHA/IHA shall make progress payments approximately every 30 days as the work proceeds, on estimates of work accom- plished which meets the standards of quality established under the contract, as approved bythe Contracting Officer. The PHA/IHA may, subject to written determination and approval of the Contracting Cfficer, make more frequent payments to contractors which are qualified small businesses. rc) Before the first progress payment- under this contract, the �onhactorshall furnish, in suchdetailas requested by the Contracting Officer, a breakdown of the total contract price showing the amount ncluded therein for each principal category of the work, which shall substantiate the payment amount requested in order to provide a oasis for determining progress payments. The breakdown shall be approved by the Contracting Officer and must be acceptable to HUD. f the contract covers more than one project, the Contractor shall furnish a separate breakdown for each. The values and quantities amployed in making up this breakdown are for determining the amount of progress payments and shall not be construed as a basis 'or additions to or deductions from the contract price. The Contractor >h all prorate its overhead and profit over the construction period of the contract. (d) The Contractor shall submit, on forms provided by the PHA/IHA, periodic estimates showing the value of the work performed during each period based upon the approved breakdown of the contract (1) The amounts requested are only for performance in accor- dance with the specifications, terms, and conditions of the contract; (2) Payments to subcontractors and suppliers have been made from previous payments received under the contract, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agree- ments; and, (3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and condi- tions of the subcontract. (Name) (Title) (Date) (f) Except as otherwise provided in State law, the PHA/IHA shall retain ten (10) percent of the amount of progress payments until completion and acceptance of all work under the contract; except, that If upon completion of 50 percent of the work, the Contracting Officer, after consulting with the Architect, determines that the Contractor's performance and progress are satisfactory, the PHA/IHA may make the remaining payments in full for the work subsequently completed. If the Contracting Officer subsequently determines that the Contractor's performance and progress are unsatisfactory, the PHA/ IHA shall reinstate the ten (10) percent (or other percentage as provided in State law) retainage.until such time as the Contracting Officer determines that performance and progress are satisfactory. (g) The Contracting Officer may authorize material delivered on the site and preparatory work done to be taken into consideration when computing progress payments. Material delivered to'the Contractor at locations other than the site may also betaken Into consideration lt the Contractor furnishes satisfactory evidence that (1) it has acquired title to such material; (2) the material is properly stored in a bonded warehouse, storage yard, or similar suitable place as may be approved by the Contracting Officer; (3) the material is insured to cover its full value; and (4) the material will be used to perform this contract. Before any progress payment which includes delivered material is made, the Contractor shall furnish such documentation as the Contracting Officer may require to assure the protection of the PHA's /IHA's interest in such materials. The Contractor shall remain responsible for such stored material notwithstanding the transfer of title to the PHA/IHA. (h) All material and work covered by progress payments made shall, at the time of payment become the sole, property of the PHA/IHA, but this shall not be construed as (1) relieving the Contracto r from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or, (2) waiving the right of the PHA/IHA to require the futllHment of all of the terms of the contract. In the event the work of the Contractor has been Page 8 of 18 damaged by other contractors or persons other than employees of the (d) If any change under this clause causes an increase ordecreas PHA/IHA in the course of their employment, the Contractor shall in the Contractor's cost of, or the time required for the periormanc restore such damaged work without cost to the PHA/IHA and t e of any part of the work under this contract, whether or not change redress for its damage only from those who directly cause l+t� by any such order, the Contracting Officer shall make an equitabl _�n it) The PHA/IHA shall make the final payment due the Contractor o adjustment and modify the contract in writing. However, except If a juslment based on defective specifications, no proposal for ar under this contract after (1) completion and final cc AA(`,��pp��ryry all ygj 4J ib O�a AM I I a under paragraph (b) above shall be allowed for any cos: work: and (2) presentation of release of all claims IHA arising by virtue of this contract, other than claims, in staled that the Contractor has specifically exceple�ria(n b [RKContractor incurred more than 20 days (5 days for oral orders) before th gives written notice as required. In the case of defectiv amounts, operation of the release. Each such exception shall e Mo(rt�rt IQ ci ications for which the PHA/IHA is responsible, the equilabi �aitldstmenl shall include any increased cost reasonably incurred t than one claim, the basis and scope of which shall bell r y a nod. The amounts for such excepted claims shall not be included in the the Contractor in attempting to comply with the defective specific: request for final payment. A release may also be required of the it the Contractor's claim to amounts payable under this lions. (e) The Contractor must assert its right to an adjustment under th assignee contract has been assigned. clause within 30 days after (1) receipt of a written change order undt (j) Prior to making any payment, the Contracting Of licer may require paragraph (a) of this clause, or (2) the furnishing of awritten notic under paragraph (b) of this clause, by submitting a written stateme the Contractor to furnish receipts or other evidence of payment from describing the general nature and the amount of the proposal. If it all persons performing work and supplying material to the Contractor, facts justify it, the Contracting Officer may extend the period I if the Contracting Officer determines such evidence is necessary to submission. The proposal may be included in the notice requirE substantiate claimed costs. under paragraph (b) above. No proposal by the Contractor for e (k) The PHA/IHA shall not (1) determine or adjust any claims for equitable adjustment shall be allowed if asserted after final payme payment or disputes arising thereunder between the Contractor and under this contract. its subcontractors or material suppliers; or, (2) withhold any moneys (f) The Contractor's written proposal for equitable adjustment sht for the protection of the subcontractors or material suppliers. The be submitted in the form of a lump sum proposal supported with failure or refusal of the PHA/IHA to withhold moneys from the itemized breakdown o1 all increases and decreases in the contract Contractor shall in nowise impair the obligations of any surety or at least the following details: sureties under any bonds furnished under this contract. (1) Direct Costs. Materials (list individual items, the quanti 28. Contract Modifications and unit cost of each, and the aggregate cost);Transportation ar (a) Only the Contracting Officer has authority to modify any term or delivery costs associated with materials; Labor breakdowns byhou condition of this contract. Any contract modification shall be author- or unit costs (identif led with specific workto be performed); Constru ized in writing. lion- equipment exclusively necessary for the change; Costs (b) The Contracting Officer may modify the contract unilaterally -(1) preparation and/or revision to shop drawings resulting from tt pursuani to a specific authorization staled in a contract clause (e.g., change; Worker's Compensation and Public Liability Insuranc Employment taxes under FICA and FUTA; and, Bond Costs - whf Changes); or (2) for administrative matters which do not change the rights or responsibilities of the parties (e.g., change in the PHA/IHA size of change warrants revision. address). All other contract modifications shall be in the form of (2) Indirect Costs. indirect costs may include overhea supplemental agreements signed by the Contractorand the Contract- general and administrative expenses, and fringe benefits not norma ing Officer. treated as direct costs. (c) When a proposed modification requires the approval ofHUDprior (3) Profit. The amount of profit shall be negotiated and m, to its Issuance (e.g., a change order that exceeds the PHA's /IHA's vary according to the nature, extent, and complexity of the we approved threshold), such modification shall not be effective until the required by the change. required approval is received by the PHA/IHA. The allowability of the direct and indirect costs shall be determined accordance with the Contract Cost Principles and Procedures_: 29. Changes Commercial Firms in Part 31 of the Federal Acquisition Regulation.( The Contracting Officer may, any time, without notice to the CFR 1 -31), as implemented by HUD Handbook 2210.-18, in effect to sureties, by written order designated or indicated be a change sureties, the date oflhis contract. The Contractor shall not be allowed a prc order, make changes in the work within the general scope of the' on the profit received by any subcontractor. Equitable adjustmer contract including changes: for deleted work shall include a credit for profit and mayincludeacre (1) In the specifications (including drawings and designs); for indirect costs. On proposals covering both increases and c (2) In the method or manner of performance of the work; creases in the amount of the contract, the application of indirectco (3) PHAIIHA- furnished facilities. equipment, materials, serv- and profit shall be on the net - change in direct costs for the Contrac or subcontractor performing the work. ices, or site; or, (4) Directing the acceleration in the performance of the work. (g) The Contractor shall include in the proposal its request for tit include information and da. (b) Any other written order or oral order (which, as used in this extension (itany), and shall sufficient to demonstrate whether and to what extent the change will delay paragraph (b), includes direction, instruction, interpretation, ordeter- completion of the contract in its entirety. mination) from the Contracting Officer that causes a changes ll ba - h The Contracting Oliicer. shall act on proposals within 30 da () g' P p treated as a change order under this clause; provided,. that the Contractor gives the Contracting Offlcer written notice - stating (1)the after their receipt, ornotilytheContractoroflhedatewhen such act date; circumstances and source of the order and (2) that the Contractor regards the order as a change order. will be taken. - (i) Failure to reach an agreement on anyproposal shall be adisp (c) Except as provided in this clause, no order, statement or conduct under the clause entitled Disputes_ herein. - Nothing in this clau the Contractor from proceeding with of the Contracting Officer shall be treated as a change under this however, shall excuse contract as changed. clause or entitle the Contractor to an equitable adjustment. Ioen HUD-5 Page 9 of 18 - !) Except in an emergency endangering life or property, no change :hall be made by the Contractor without a prior order from lh :onfracung Officer. 30. Suspension of Work F (f) The Contractor shall proceed diligently with performance of this e contract, pending final resolution of any request for relief, claim, appeal, or action arising under or relating to the contract, and comply I . E wl h any decision of the Contracting Officer. l i It n The Contracting Officer may order the Contractor in writing to >uscand. delay, or interrupt all or any part of the work ofp(S�G,I 2 ,cr :he period of time that the Contracting Officer deter i pro - mate for the convenience of the PHA/IHA. 32. De au AM I N �� Contractor refuses or fails to prosecute the work, or any separa le part thereof, with the diligence that will insure its completion i CI r�Iilyn the time specified in this contract, or any extension thereof, or o! if the performance of all or any part of the work is r �l _ - a ss��to complete said work within this time, the Contracting Officer anreasonable period of time, suspended. delayed, or inle(�i�it�.(1.yII�, r} Q% *wrilten notice to the Contractor, terminate therighttoproceed ov an act of the Contracting Officer in the administration of this with the work (or separable part of the work) that has been delayed. :onuaet, or(2)bythe Contracting Officer's failureto aelwithin the time In this event, the PHA/IHA may lake over the work and complete it, by contractor otherwise, and may take possession of and use any specified (or within a reasonable time if not specified) in this contract an adjustment shall be made for any increase in the cost of pedor- materials, equipment, and plant the work site necessary for mance of the contract (excluding profit) necessarily caused by such completing the work. The Contractor and its sureties shall be liable ;treasonable suspension, delay, or interruption and the contract foranydamagelo the PHA/ IHAresultingfromthe Contractor's refusal -notified in writing accordingly. However, no adjustment shall be or failure to complete the work within the specified lime, whether or ^.ade under this clause for any suspension, delay, or interruption to not the Contractor's right to proceed with 'he work is terminated. This he axtent that performance would have been so suspended, delayed, liability includes any increased costs incurred by the PHA/IHA in or interrupted by any other cause, Including the fault or negligence of completing the work. the Contractor or for which any equitable adjustment is provided for (b) The Contractor's right to proceed shall not be terminated or the or excluded under any other provision of this contract. Contractor charged with damages under this clause fr- ;c) A claim under this clause shall not be allowed (1) for any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act o rfailure to act Involved (but this requirement shall not apply as to a claim resulting from a suspension order); and, (2) unless the claim, in an amount staled, is asserted in writing as soon as practicable after the termination of the suspension, delay, or Interruption, but not later than the date of final payment under the contract. 31. Disputes ,a) "Claim,'as used in this clause, means awritten demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money In a sum certain, the adjustment or Interpretation of contract terms, or other relief arising under or relating to the contract. A claim arising under the contract, unlike a claim relating to the contract, is aclaimihat ran be resolved underacontract clause that provides for the relief sought by the claimant. Avoucher, Invoice, or other routine request for payment that is not in dispute when submitted Is not a claim. The submission may be converted to a claim by complying with the requirements of this clause, t it is disputed either as to liability or amount or is not acted upon in a reasonable time. (b) Except for disputes arising under the clauses entitled Labor Standards and Labor Standards- Nonrouline Maintenance, herein, all disputes arising under or relating to this contract, Including any claims for damages for the alleged breach thereof which are not "isposed of by agreement, shall be resolved under this clause. �c) All claims by the Contractor shall be made in writing and sc bmittedto the Contracting Officer for a written decision. Aclaimby :he PHA/IHA against the Contractor shall be subject to a written recision by the Contracting Officer. ,d) The Contracting Officer shall, within _ (60 unless otherwise ndicated) days after receipt of the request, decide the claim or notify :he Contractor of the date by which the decision will be made. e) The Contracting Officer's decision shall be final unless the Contractor (1) appeals in writing to a higher level in the PHA/IHA in accordance with the PHA's /IHA's policy and procedures, (2) refers the appeal to an independent mediator or arbitrator, or (3) files suit in a court of competent jurisdiction. Such appeal must be made within (30 unless otherwise indicated) days after receipt of the Contracting Officer's decision. - - (1) The delay in completing the work arises from unforesee- able causes beyond the control and wthoul the fault or negligence of the Contractor. Examples of such causes include (t) acts of God, or of the public enemy, (II) acts of the PHA/IHA or other governmental entity in either its sovereign or contractual capacity, (iii) acts of another contractor in the performance of a contract with the PHA/IHA, (Iv) fires, (v) floods, (vi) epidemics, (vii) quarantine restrictions, (viii) strikes, (ix) freight embargoes, (x) unusually severe weather, or (xi) delays of subcontractors or suppliers at any tier arising from unfore- seeable causes beyond the control and without lh a fault or negligence of both the Contractor and the subcontractors or suppliers; and (2) The Contractor, within —days (10daysunlessotherwise indicated) from the beginning of such delay (unless extended by the Contracting Officer) notifies the Contracting Officer in writing of the causes of delay. The Contracting Officer shall ascertain the fads and the extent of the delay. If, in the judgment of the Contracting Officer, the findings of fact warrant such action, time forcompleting the work shall be extended by written modification to the contract. The findings of the Contracting Off Ice r shall be reduced to awritten decision which shall be subject to the provisions of the Disputes clause of this contract, (c) If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been for convenience of the PHA/IHA. 33. Liquidated Damages (a) If the Contractor fails to complete the work within the time specified in the contract, or any extension; as specified in the clause entitled Default of this contract, the Contractor shall pay to the PHA/ IHA as liquidated damages, the sum of.$-. - (Contracting Officer insert amount) for each day of delay. If different completion dates are specified in the contract for separate parts or stages of the work, the amount of liquidated damages shall be assessed on those parts or stages which are delayed. To the extent that the Contractor's delay or nonperformance is excused under another clause In this contract, liquidated damages shall not be. due the PHA/IHA. The Contractor remains liable for damages caused other than by delay. (b) If the PHA/IHA terminates the Contractor's right to proceed, the resulting damage will consist of liquidated damages until such reason- able time as maybe required for flnal completion of the work together with any increased costs occasioned the PHAAHA in completing the work. Page 1001 18 form ic) if. the PHA/IHA does not terminate the Contractor's right to (3) Automobile Liability on owned and non -owned motor ve proceed, the resulting damage will consist of liquidated damages until hicles used on the site(s) or in connection therewith for a combinec •ne work is completed or accepted. single limit for bodily injury and properly damage of not less Thar [ I �' [Contracting Officer insert amount] per occurrence I f_ 34, Termination for Convenience f -- - ) Before commencing work, the Contractor shall furnish the PHA a) The Contracting Officer may terminate this contract In whcle, of IHA with a certificate of insurance evidencing that Builder's Risk (fire n part. whenever the Contracting Officer delermiMINOYucT Mot ended coverage) Insurance on all work in place and /o termination is in the best interest of the PHA/IHA. Any such materials stored at the building site(s), including foundations am :armination shall be effected by delivery to the Contractor of t c the extent to which the performa I lh LEI equ ipment, is in force. The Builder's Risk Insurance shall bf the Contractor and the PHA/IHA as their interest; of Termination specifying work under the contract is terminated, and the dale upo}QQ w sCh� kilding, enefit of pear and each shall be named in the policy or policies as ar termination becomes effective. insured. The Contractor in installing equipment supplied by the PHA (b) If the performance of the work is terminated, either in whole or in IHA shall carry insurance on such equipment from the time the part, the PHA/ IHA shall be liable to the Contractor for reasonable and Contractor takes possession thereof until the Contract work i! proper costs resulting from such termination upon the receipt by the accepted bylhe PHA/IHA. The Builder's Risk Insurance need not br PHA /IHAofa properly presented claim setting out in detail:(1)thelotal carried on excavations, piers, footings, or foundations until such time cost of the work performed to date of termination less thetotal amount as work on the super - structure is started. It need not be carried or of contract payments made to the Contractor; (2) the cost (including landscapework. Policies shall furnish coverage at all times for the to reasonable profit) of settling and paying claims under subcontracts cash value of all completed construction, aswellas materials in placr and material orders for work performed and materials and supplies and /or stored at the site(s), whether or not partial payment has beer deliveredto the site, paymentforwhich has notbeenmadeby thePHA made by the PHA/IHA. The Contractor may terminate this insuranct to the Contractor orby the Contractor to the subcontractor or supplier; on buildings as of the date taken over for occupancy by the PHA/IHA (3) the cost of preserving and protecting the work already performed The Contractor is not required to carry Builder's Risk Insurance to until the PHA/IHA or assignee takes possession thereof or assumes modernization work which does not involve structural alterations o responsibility therefor; (4) the actual or estimated cost of legal and additions and where the PHA's/IHA's existing fire and extender accounting services reasonably necessary to prepare and present coverage policy can be endorsed to include such work. the termination claim to the PHA/IHA; and (5) an amount constituting (c) All Insurance shall be carried with companies which are flnan a reasonable profit on the value of the work performed by the cially responsible and admitted todo business in the State in which thr Contractor. project Is located. If any such insurance is due to expire during lh, (c) The Contracting Officer will act on the Contractor's claim within construction period, the Contractor (including subcontractors, a days (60 days unless otherwise indicated) of receipt of the applicable) shall not permit the coverage to lapse and shall furnisl Contractor's claim. evidence of coverage to the Contracting Officer. All certificates c (d) Any disputes with regard to this clause are expressly made insurance, as evidence of coverage, shall provide that no coverage may be canceled or non - renewed by the insurance company until a subject to the provisions of the Disputes clause of this contract. least 30 days prior written notice has been given to the Contractin. 35. Assignment of Contract The Contractor shall not assign or transte r any interest in this con tract; except that claims for monies due or to become due from the PHA/ IHA under the contract maybe assigned to a bank, trust company, or other financial institution. Such assignments of claims shall only be made with the written concurrence of the Contracting Officer. lithe Contractor is a partnership, this contract shall inure to the benefit of the surviving or remaining member(s) of such partnership as ap- proved by the Contracting Officer. 36. Insurance (a) Before commencing work, the Contractor and each subcontrac- tor shall furnish the PHA/IHA with certificates of insurances owing the following insurance is in force and will insure all operations under the Contract: (1) Workers' Compensation, in accordance with stale or Ter- ritorial Workers' Compensation laws. (2) Commercial General Liability with a combined single limit for bodily injury and properly damage of not less than $ Contracting Officer insert amount] per occur- rence to protect the Contractor and each subcontractor against claims for bodily injury or death and damage to the property of others. This shall cover the use of all equipment, hoists, and vehicles on the site(s) not covered by Automobile Liability under (3) below. If the Conlractw has a " claims -made" policy, then the following additional require- ments apply: the policy must provide a "retroactive date'whlch must be on or before the execution date of the Contract; and the extended reporting period may not be less than five years following the completion date of the Contract. Officer. 37. Subcontracts (a) Definitions. As used in this contract - (1) "Subcontract" means any contract, purchase order, c other purchase agreement, Including modifications and change or ders to the foregoing, entered into by a subcontractor to furnis supplies, materials, equipment, and services for the performance c the prime contract or a subcontract. (2) " Subcontractor" means any supplier, vendor,orflrmthr, furnishes supplies, materials, equipment, or services to or for th Contractor or another subcontractor. (b) The Contractor shall not enter into any subcontract with ar subcontractor who has been temporarily denied participation in HUD program or has been suspended or debarred from parti( paling in contracting programs by any agency of the United Staff Government or of the state in which the work under this contract is be performed. (c) The Contractor shall be as-fully responsible for the acts omissions of its subcontractors, and of persons either directly indirectly employed by them as for the acts or omissions of parser directly employed by the Contractor. (d) The Contractor shall insert appropriate clauses in all subco tracts to bind subcontractors to the terms and conditions of Ih contract Insofar as they are applicable to the work of subcontractor (e) Nothing contained in this contract shall create any contractu relationship between any subcontractor and the PHA/IHA or belwer the subcontractor and HUD. HUD -53 Page If of 18 38. Subcontracting with Small and Minority Firms, Women's Business Enterprise, and Labor Surplus Secretary of Labor, this contract may be canceled, terminated, or Area Firms suspended in whole or in part, and the Contractor may be declared " he Contractor shall take the following steps to ensure that, whenevll ! r I ible for further Government contracts, or Federally assisted I— ( contracts under the in Executive possible. subcontracts are awarded to small business firms, minor y ..rms, women's business enterprises, and labor surplus area firms: n ruction procedures authorized Order 11245, as amended. In addition, sanctions may be imposed of Placing qualified small and minority businesses and2$dbht N —2 aslr�rm�t�sinvoked against the Contractor as provided inExecutive drder ousiness enterprises on solicitation lists; 11 46, as amended, the rules, regulations, and orders of the bI Ensuring that small and minority businesses and wo s ' �Y C Se&a,, of Labor, or as otherwise provided by law. li onlractor shall include the terms this ousmess enterprises are solicited whenever they are ��VVVy and conditions of 'j'�a very subcontract or purchase order unless exempted by sources; lherules, regulations, or orders of the Secretary of Labor issued under •ci Dividing total requirements, when economically feasible, into Executive Order 11246, as amended, so that these forms and sma;ler tasks or quantities io permit maximum participation by small conditions will be binding upon each subcontractor or vendor. The and minority businesses and women's business enterprises; Contractor shall take such action with respect to any subcontract or d) Establishing delivery schedules, where the requirements of the purchase order as the Secretary of Housing and Urban Development .ontracl permit, which encourage participation by small and minority or the Secretary of Labor may direct as a means of enforcing such ousinesses and women's business enterprises; and provisions, including sanctions for noncompliance; provided that if the ;e) Using the services and assistance of the U.S. Small Business Contractor becomes involved in, or is threatened with, litigation with Administration, the Minority Business Development Agency of the a subcontractor or vendor as a result of such direction, the Contractor U.S. Department of Commerce, and State and local governmental may request the United States to enter into the litigation to protect the small business agencies. interests of the United Stales. 39. Equal Employment Opportunity (j) Compliance with the requirements of this clause shall be to the maximum extent consistent with, but not In derogation of, compliance During the performance of this contract, the Contractor agrees as with section 7(b) of the Indian Self- Determination and Education follows: Assistance Act and the Indian Preference clause of this contract. (a) The Contractor shall not discriminate against any employee or 40. Equal Opportunity for Businesses and Lower - applicant for employment because of race, color, religion, sex, Income Persons (HUDActof 1968, Section 3)(Applicable to national origin, or handicap. Contracts in Excess of $500,000.) (b) The Contractor shall take affirmative action to ensure that (a) The work to be performed under this contract is on a project applicants are employed, and that employees are treated during assisted under a program providing direct Federal financial assis- employment without regard to their race, color, religion, sex, national lance from the Department of Housing and Urban Development and origin, or handicap. Such action shall include, but not be limited to, Is subject to the requirements of section 3 of the Housing and Urban (1) employment, (2) upgrading, (3) demotion, (4) transfer, (5) recruit- Development Act of 1968, as amended, 12U >S >C> 1701u. Section mentor recruitment advertising, ( 6 ) layoff or termination, (7)ratesof 3 requires that tothegreatest extent feasible opportundiesfortraining pay or other forms of compensation, and (8) selection for training, and employment be given lower income residents of the project area including apprenticeship. and contracts for work In connection with the project be awarded to (c) The Contractor shall post in conspicuous places available to business concerns which are located in, or owned in substantial part employees and applicants for employment the notices to be provided by persons resising in the area of the project. by the Contracting Officer that explain this clause. (b) The parties to this contract will comply with the provisions of said (d) The Contractor shall, in all solicitations or advertisements for section 3 and the regulations issued pursuant thereto by (he Secretary employees placed by or on behalf of the Contractor, state that all of Housing and Urban.Development setforth In 24 CFR part 135, and qualified applicants will receive consideration for employment without all applicable rules and orders of the Department issued thereunder regard to race, color, religion, sex, national origin, or handicap. prior to the execution of this contract. The partles to this contract (e) The Contractor shall send, to each labor union or representative certify and agree that they are under no contractual or other disability of workers with which it has a collective bargaining agreement or other which would prevent them from complying with these requirements. contract or understanding, the notice to be provided by the Contract- (c) The contractor will send to each labor organization or represen- mg Officer advising the labor union or workers' representative of the tative of workers with which he /she has a collective bargaining Contractor's commitments under this clause, and post copies of the agreement or other contract or understanding, if any, a notice notice in conspicuous places available to employees and applicants advising the said labor organization or workers representative of his/ for employment. her commitments under this section 3 clause and shall post copies of ') The Contractor shall comply with Executive Order 11246, as the notice in conspicuous places available to employees and appli- amended, and the rules, regulations, and orders of the Secretary of cants for employment or training. Labor (d) The contractor will include this section 3 clause in every subcon- cg) The Contractor shall furnish all information and reports required . tract for work in connection with the project and will, at the direction by Executive Order 11246, as amended, Section 503 of the Rehablll- of -the applicant for or recipient of Federal financial assistance, take ration Act of 1973, as amended, and by rules, regulations, and orders appropriate action pursuant to the subcontract upon a finding that the of the Secretary of Labor, or pursuant thereto. The Contractor shall subcontractor Is In violation of regulations issuedby the Secretary of permit access to its books, records, and accounts bythe Secretary of Housing and Urban Development, 24 CFR part 135. The contractor Labor for,purposes of investigation to ascertain compliance with such will not subcontract with any subcontractor where tt has notice or,- rules, regulations, and orders. knowledge that the latter has been found in violation or regulations In the event of a detarmination that the Contractor is not in under 24 CFR part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of compliance with this clause or any rule, regulation, or order of the ability to comply with the requirements of these regulations. Page 12 of to form HUD -570 to) Compliance with the provisions of section 3, the regulations set the Act to furnish a disclosure (OMB Standard Form LLL, Discloser• forth in 24 CFR part 135, and all applicable rules and orders of the of Lobbying Activities) it any funds other than Federal appropriate( Department issued thereunder prior to the execution of the co �ncis (including profit or fee received under a covered Feder shall be a condition of the Federal financial assistance provided ot�i..F— j_frJansaction) have been paid, or will be paid, to any person to brolecl. binding upon the applicant or recipient for such assistance, its mlluenctng or attempting to influence an officer or employee of an successors, and assigns- Failure to fulfill these re uir �Qi haty, g n�(� a Member of Congress, an officer or employee of Congress g q utlLbni I – C A L P subject the applicant or recipient, its c_. I - -ors ands r ors, h loyee of a Member of Congress in connection with a Feder its successors, and assigns to those sanctions specified by the grant c�o�ntract, grant, loan, or cooperative agreement. ar loan agreement or contract through which Federal financ @k is(;�. -[F' Kl Indian tribes (except those chartered by States) and India lance is provided, and to such sanctions as are specifielo %j? \CC,�-I Y Rations as defined in section 4 of the Indian Self- Determinatio part 135. and Education Assistance Act (25 U.S.C. 4508) are exempt from lh 41. Indian Preference (Applicable to contracts awarded by requirements of this clause. Indian Housing Authorities for projects owned or controlled by Indian Housing Authorities) (a) The work to be performed under this contract is on a project subject to section 7(b) of the Indian Sell- Determination and Education Assistance Act (25 U.S.C. 450e(b)). Section 7(b) requires that to the greatest extent feasible (1) preference and opportunities for training and employment shall be given to Indians, and (2) preferences in the award of contracts and subcontracts shall be given to Indian organi- zations and Indian -owned Economic Enterprises. (b) The parties to this contract shall comply with the provisions of Section 7(b) of the Indian Self - Determination and Education Assis- tance Act (25 U.S.C. 450s(b)) and all HUD requirements adopted pursuant to section 7(b). (c) In connection with this contract, the parties shall, to the greatest extent feasible, give preference In the award of any subcontracts to Indian organizations and Indlan -owned Economic Enterprises, and preferences and opportunities fortraining and employment to Indians. (d) This section 7(b) clause shall be incorporated into every subcon- tract in connection with the project. (s) Upon a finding by the IHA or HUD that any party to this contract is not in compliance with the section 7(b) clause, said party shall, at the direction of the IHA, take appropriate remedial action pursuant to the contract. 42. Interest of Members of Congress No member of or delegate to the Congress of the United States of America shall be admitted to any share or part of this contract or to any benefit that may arise therefrom. 43. Interest of Members, Officers, or Employees and Former Members, Officers, or Employees No member, officer, or employee of the PHA/IHA, no member of the governing body of the locality In which the project is situated, no member of the governing body of the locality in which the PHA/IHA was activated, and no otherpublic official of such locality or localities' who exercises any functions or responsibilities with respect to the project, shall, during his or her tenu re, o r for one year thereafter, have any interest, direct or indirect, in this contract or the proceeds thereof. 44. Limitations on Payments made to Influence Certain Federal Financial Transactions ;a) The Contractor agrees to comply with Section 1352 of title 31, United States Code which prohibits the use of Federal appropriated funds to pay any person for Influencing or attempting to Influence an olficeror employee of any agency, a Memberol Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions: the awarding of any Federal contract; the making of any Federal grant; the making of any Federal loan; the entering into of any cooperative agreement; or the modification of any Federal contract, grant, loan, or cooperative agreement. (b) The Contractor further agrees to comply with the requirement of 45. Royalties and Patents The Contractor shall pay all royalties and license fees. Il shail defen all suits or claims for infringement of any patent rights and shall sav the PHA/IHA harmless from loss on account thereof; except that th PHA/IHA shall be responsible for all such loss when a particul: design, process or the product or a particular manufacturer ( manufacturers is specified and the Contractor has no reason I believe that the specified design, process, or product is an infringe ment. If, however, the Contractor has reason to believe that an design, process or product specified is an infringement of a paten t, th Contractor shall promptly nolif ythe Contracting Officer. Failure to g iv such notice shall make the Contractor responsible for resultant los! 46. Examination and Retention of Contractor's Records (a) The PHA/IHA, H U D, orComptrollor General of the United State! or any of their duly authorized representatives shall, until 3 years aft( final payment under this contract, have access to and the right I examine any of the Contractor's directly pertinent books, document: papers, or other records Involving transactions related to this contra( for the purpos a of making audit, examination, excerpts, and hanscri f tlons. (b) The Contractor agrees to include in first -tier subcontracts undf this contract a clause substantially the same as paragraph (a) abov( "Subcontract," as used in this clause, excludes purchase orders n( exceeding $10,000. (c) The periods of access and examination in paragraphs (a) and It above for records relating to (1) appeals under the Disputes claus of this contract, (2) litigation or settlement of claims arising from th performance of this contract, or (3) costs and expenses of th contract to which the PHAAHA, HUD, or Comptroller General or ar of their duly authorized representatives has taken exception shr continue until disposition of such appeals, litigation, claims, or excel Lions. 47. Labor Standards - Davis -Bacon and Related Acts If the total amount of this contract exceeds $2,000, the Federal lab standards set forth in the clause below shall apply to the constructic work to be performed under the contract, except if the constructic work has been determined to be "Nonroutine Maintenance" subject the terms of that clause of this contract. (a) Minimum Wages. (1) All laborers and mechanics employed or working upon tl site of the work (or, under the United States Housing Act of 1937 under the Housing Act of 1949, in the construction or development the project) will be paid unconditionally and not less often than on a week, and without subsequent deduction or rebate on any accou (except such payroll deductions as are permitted by regulate issuedbythe Secretary of Labor underthe Copeland Act (29 CFR P( 3)), the full amount of wages and bona fide fringe benefits (or ca equivalents thereof) due at time of payment computed at rates r less than those contained In the wage determination of the Secrete of Laborwhich is attached hereto and made a part hereof, regardle Page 13 of 18 of any contiaclu al relationship which maybe alleged to exist between classification the Contractor and such laborers and mechanics. Contributions (3) Whonever the minimum wage rate prescribed in the con. made or costs reasonably anticipated for bona fide fringe be ' lr ct for a class of laborers or mechanics includes a fringe benefit under Section 1(b)(2) of the Davis -Bacon Act on behalf of Iabor rs 4_F Uich is not expressed as an hourly rate, the Contractor shall either mechanics are considered wages paid to such laborersor mechanics, pay the benefit as staled in the wage determination or shall pay iuolecl to the provisions of 29 CFR 5.5(a)(1)(iv); �Q� lar AItifih® rjtonatidefringebenefitoranhourlycashequivalentthereof. _ ontributions made or costs incurred for more than a JAI iod2 but not less often than quarterly) under plans, funds, or programs, (4) It the Contractor does not make payments loo trustee or u er third person, the Contractor may consider as pan of the wages which cover the regular weekly period, are deemed to be c �jritc -( -F'I �q laborer or mechanic the amount of any costs reasonably avely made or incurred during such weekly period. Such r a9J_ (idi fed in providing bona tide fringe benefits under a plan or echanics shall be paid not less than the appropriate wage rafts and program; provided, that the Secretary of Labor has found, upon the iringe benefits in the wage determination for the classification of work written request of the Contractor, that the applicable standards of the actually performed, without regard to skill, except as provided in 29 Davis -Bacon Act have been met. The Secrelaryor Labor may require CFR Part 5.5(a)(4). Laborers or mechanics performing work in more the Contractor to set aside in a separate account assets for the than one classification may be compensated at the rate specified for meeting of obligations under the plan or program. .each classification forthe time actuallyworked therein; provided, that ;he employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determina- .on (including any additional classification and wage rates conformed . rnder 29 CFR 5.5(a)(1)(il) and the Davis -Bacon poster (WH -1321) snail be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (2) (1) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determina- tion. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when all the following criteria have been met: (A) The work to be performed by the classification re- quested Is not performed by a class f!cation in the wage determina- tion; (B) The classification is utilized in the area by the con- struction industry; and (C) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (ii) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropri- ate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employee Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time s necessary. (Iii) In the event the Contractor, the laborers or mechanics :o be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or .ts designee, to the Administrator of the Wage and Hour Division for determination. The Administrator, or an authorized representative, Nit issue adeterminatlon within 30 days of receipt and so advise HUD or its designee,or will notify HUD or Its designee within the 30 -day perlod that additional time Is necessary. (Iv) The wage rate (including fringe benefits where appro- priate) determined pursuant to subparagraphs (b)(2)(0) or (III) of this clause shall be paid to all workers performing work In the classif Icatlon undo r this contract from the first day on which work Is performed In the (b) Withholding of funds. HUD or its designee shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same prime Contractor, or any other Federally - assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or, under the United States Housing Act of 1937 or under the Housing Act of 1949, in the construction or development of the project), all or part of the wages required by the contract, HUD or its designee may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the Contractor, disburse such amounts withheld for and on account of the Contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. (c) Payrolls and basic records. (1) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for aperiod of three years thereafter for all laborers and mechanics working at the site of thework(or, under the United Slates Housing Act of 1937 or under the Housing Act of 1949, in the construction ordevefopment of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. When- ever the Secretary of Labor has found, under 29 CFR 5.5(a)(1)(Iv), that the wages of any laborer or mechanic include the amount of costs reasonably anticipated in providing benefits under a plan or program described in section I (b)(2)(B) of the Davis -Bacon Act, the Contractor shall maintain records which. show that the commitment to provide such benefits is enforceable; that the `plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the- actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage Page 14 of 18 .. : form rates prescribed in the applicable programs. Any workor listed on a payroll at an apprentice wage rate, who is nc (2)(i)The Contractor shall submit weekly for each week in registered orotherwise employed as stated in this paragraph. shall b which any contract work is performed a copy of all payrolls to the�l I I I loss than the applicable wage (ate on the wagedelerminatio h classification of work actually performed. In addition, an contracting Officer for transmission to HUD or its designee. Th�ell payrolls submitted shall set out accurately and completely all of the apprentice performing work on the job site in excess of the rate : oformalion required tobe maintained under subparagraphHallRA V -2paAA r o' lZ ortheregisteredprogramshallbepaidnotlessthanlh this clause- This information may be submitted in any form desired. Optional FormWH -347 (FederalSlockNumber029 -005- 00014-t��•.,,�� a I is Is ge rate on the wage determination for the work actual' edged. Where a contractor is performing construction on ( 1 r� n a locality other than that in which its program is registere( available for this purpose and may be purchased from the Si�ifi Office, W ITle ~and wage rates (expressed in percentages of th tendent of Documents, U.S. Government Printing ton. D.C. 20402. The prime Contractor is responsible for the journeyman's hourly rate) specified in the Contractor's c subcontractor's registered program shall be observed. Every apprer submission of copies of payrolls by all subcontractors. lice must be paid at not less than the rate specified in the reglstere (ii) Each payroll submitted shall be accompanied by a program for the apprentice's level of progress, expressed as "Statement of Compliance," signed by the Contractor or subcontrac- percentage of the journeyman hourly rate specified in the applicabl for or his or her agent who pays or supervises the payment of the wage determination. Apprentices shall be paid fringe benefits i persons employed under the contract and shall certify the following: accordance with the provisions of the apprenticeship program. If th (A) That the payroll for the payroll period contains the apprenticeship program does not specify fringe benefits. apprentice information required to be maintained under paragraph (c)(1) of this must be paid the full amount of fringe benefits listed on the wag clause and that such information is correct and complete; determination for the applicable classification. If the Administrator ( (B) That each laborer or mechanic (including each helper, the Wage and Hour Division determines that a different practic apprentice, and trainee) employed on the contract during the payroll prevails for the applicable apprentice classification, fringes shall to period has been paid the full weekly wages earned, without rebate, paid in accordance with that determination. In the event the Burea either directly or indirectly, and that no deductions have been made of Apprenticeship and Training, or a State Apprenticeship Agenc either directly or indirectly from the full wages earned, other than recognized by the Bureau, withdraws approval of an apprenticeshi permissible deductions as set forth in 29 CFR Part 3; and program, the Contractor will no longer be permitted to utilize apprer (C) That each laborer or mechanic has been paid not less (ices at less than the applicable predetermined rate for the wor performed until an acceptable program is approved. than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable (2) Trainees. Except as provided in 29 CFR 5.16, trainees w, wage determination incorporated into the contract. not be permitted to work at less than the predetermined rate for th work performed unless they are employed pursuant to and individuall (iii) The weekly submission of a properly executed certffI- registered in aprogramwhich has received prior approval, evidence cation set forth on the reverse side of Optional Form WH -347 shall by formal certification by the U.S. Department of Labor; Employmer satisfy the requirements for submission of the "Statement of Compli- and Training Administration. The ratio of trainees to journeymen o ance" required by subparagraph (c)(2)(11) of this clause. the job site shall not be greater than permitted under the pla (Iv) The faisilicatlon of any of the above certifications may approved by the Employment and Training Administration. Ever subject the Contractor or subcontractor to civil or criminal prosecution trainee must be paid at not lessthan the rate specified in the approve under Section 1001 of Title 18 and Section 3729 of Title 31 of the program for the trainee's level of progress, expressed as a percen United States Code. age of the journeyman hourly rate specified in the applicable wag (3) The Contractor or subcontractor shall make the records determination. Trainees shall be paid fringe benefits in accordanc required under subparagraph (d)(1) available for Inspection, copying, with the provisions of the trainee program. lithe trainee programdoe ortranscriptlon by authorized representatives of HUD or its designee, not mention fringe benefits, trainees shall be paid the full amount ( the Contracting Officer, or the Department of Labor and shall permit fringe benefits listed in the wage determination unless the AdmiN, such representativesto interview employees during working hourson - trator of the Wage and Hour Division determ(nas that there is a the job. If the Contractor or subcontractor falls to submit the required apprenticeship program associated with the corresponding journe records or to make them available, HUD or its designee may, after manwage rate In the wage determination which provides for less the written notice to the Contractor, take such action as may be necessary full fringe benefits for apprentices, Any employee listed on thepayr( to cause the suspension of any further payment, advance, orguaran- at a trainee rate who is not registered and participating in a trainir !so of funds. Furthermore, failure to submit the required records upon plan approved by the Employment and Training Administrationsh: request or to make such records available may be grounds for be paid not less than the applicable wage rate in the wage detera debarment action pursuant to 29 CFR 5.12. nation for the classification of work actually performed. In additio (d)(1) Apprentices. Apprentices will be permitted to work at less any trainee performing work on the job site in excess of the rat permitted under the registered program shall be paid not less than It than the predetermined rate for the workthey performed when they are employed pursuant to and individually registered in a bona fide applicable wage rate in the wage determination for the work actua tratic apprenticeship program registered with the U.S. Department of performed• Intheevent theEmploymentandTrainingAdminis withdraws approvalof attaining program, the Contractorwill no long Labor, Employment and Training Administration, Bureau of Appren- be permitted to utilize trainees at less than the applicable predetc ficaship and Training, or with a State Apprenticeship Agency recog- nized by the Bureau, or if a person is employed in his or her first 90 mined rate for the work performed until an acceptable program days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the approved. - (3)Equal employment opportunity. The utilization of appre program, butwho has been certified by the Bureau of Apprenticeship ' tices, trainees, and journeymen under this clause shall be in conic requirements of Exec and Training or a State Apprenticeship Agency (where appropriate) m(tq with the equal employment opportunity CFR Part 30. to be eligible for probationary employment as an apprentice. The live Order 11246, as amended, and 29 allowable ratloof apprentices to journeymen onthejobsReInanycra ft (e) Compliance with Copeland Act requirements. The Contra classification shall not be greater than the ratio permitted to the for shall comply with the requirements of 29 CFR Part 3, which a Contractor as to the entire work force under the registered program. - - - form F1UD -53 Page 15 of 18 - . hereby incorporated by reference in this contract. same prime Contractor such sums as may be determined to be ..I) Contract termination; debarment. A breach of this contract necessaryto satisfy any liabilities of such Contractor orsubcontractor clause may be grounds for termination of the contract an 1tp, [� r unpaid wages and liquidated damages as provided in the provi- EiDons yebarmentasaContractorandasubcontrac torasprovidedin 29eF ° set forth in subparagraph (j)(2)of this clause. 5 1, (k) Subcontracts. The Contractor or subcontractor shall insert in 90p Atl4 Compliance with Davis -Bacon and related Ire11 Q14 rjl�4's @)4onlractsall! he provisions contained in this clause, and such .g) ments. All rulings and interpretations of the Davis-Bacon and related otherclausesas HUD orits designee may by appropriate instructions acts contained in 29 CFR Parts i. 3, and 5 are herein loco b ^ IrM �OLLf, r re. and also a clause requiring the subcontractors to include ro visions in any lowertiersubcontracts. The prime Contractor by reference in this contract. IIdd Ir�ing�tutofTl; responsihlelorlhecompllancebyarysubcontractororlower h) Disputes concerning labor standards. Disputes tier subcontractor with all these provisions. the labor standards provisions of this clause shall not be subject to the general disputes clause of this contract. Such disputes shall be [) 48. Labor Standards- Non - routine Maintenance resolved in accordance with the procedures of the Department of (If checked, for contracts exceeding $2,000, HUD has determined Labor set forth in 29 CFR Pans 5, 6, and 7. Disputes within the that the construction covered by this contract consists of non- routine meaning of this clause include disputes between the Contractor (or maintenance (as defined in 24 CFR 968.203) necessary for the any of its subcontractors) and the PHA/IHA, HUD, the U.S. Depart- ooeration of the Public or Indian Housing project; and the labor ment of Labor, or the employees or their representatives. standards set forth below and the provisions of Section 12 of the ,. Certifi cation ofellgiblilty. (1) By entering into this contract, the United Slates Housing Act of 1937 which pertain to such work shall Con tractor certities that neither i t (nor heorshe) nor any person orfirm apply. Clause 47 does not apply to this contract.) who has an interest inlhe Contractors firm isa person orfirmineligible (a) Minimum Wages. (1) All laborers and mechanics employed or to be awarded contracts by the United States Government by virtue working upon the site of the work willbe paid unconditionally and not of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(x)(1). less often than once a week, and without subsequent deduction or (2) No pal of this contract shall be subcontracted to any rebate on any account (except such payroll deductions as are person or firm ineligible to be awarded contracts by the United Slates pormilled by regulations issued by the Secretary of Labor under the Government by virtue of section 3(a) of the Davis -Bacon Act or 29 Copeland Act (29 CFR Part 3), the full amount of wages due at time CFR 5.12(x)(1). of payment computed at rates not less than those contained in the (3) The penalty for making false statements is prescribed in wage determination of the Secretary of Housing and Urban Develop- ment which is attached hereto and made apart hereof. Such laborers and mechanics shall be paid the appropriate wage rate on the wage (j) Contract Work Hours and Safety Standards Act. As used in determination lorihe classification of work actually performed, with - this paragraph, the terms "laborers" and "mechanics" include watch- out regard to skill. Laborers or mechanics performing work in more men and guards. than one classification may be compensated at the rate specified for (1) overtime requirements. No contractor or subcontractor each classification forthe time actuallyworked therein; provided, that contracting for any part of the contract work which may require or the employer's payroll records accurately set forth the time spent in involve the employment of laborers or mechanics, including watch- each ciass'Ificationin which work is performed. The wage determina- men and guards, shall require orpermit any such laborer or mechanic tion shall be posted at all tunes by the Contractor and its subcontrac- in any workweek in which the individual is employed on such work to tors at the site of the work in a prominent and accessible place where work in excess of 40 hours in such workweek unless such laborer or it can be easily seen by the workers. mechanic receives compensation at a rate not lessthan one _and one- (2)(i) Any class of laborers or mechanics which is not listed in the half times the basic rate of pay for all hours worked in excess of 40 wage determination and which is to be employed underthe contract hours in such workweek. shall be classified in conformance with the wage determination. HUD (2) Violation; liability for unpaid wages; liquidated dam- shall approve an additional classification andwage rate onlywhen the ages. In the event of any violation of the provisions set forth in following criteria have been met: subparagraph ( j)( 1) of this clause, the Contractorandanysubcontrac - - ( A ) The work to be performed by the classification ro- tor responsible therefor shall be liable for the unpaid wages. In auiredis not performed byaclassificationin the wage determination; addition, such Contractor and subcontractor shall be liable to the (8) The classification is utilized in the area by!he industry: United States (in the case of work done under contract for the District :if Columbia or a territory to such District or to such territory), for damages. Such liquidated damages shall be computed and - - (C) The proposed wage rate bears a reasonable relation - iquidated w:lh respect !o each individual laborer or mechanic (including watch- ship to the wage rates contained in the wage determination. —..en and guards) employed in. violation of the provisions set forth in (ii) The wage rate determined pursuant to this paragraph subparagraph ( j)( 1) oi this clause, In the sum of$10 for each calendar shall be paid to all workers performing woik in the classification under day on which such individual was required or permitted to work in this contract from the first day on which work is performed in the excess of the standard workweek of 40 hours without payment of the classification. overtime wages requiredby provisions sot forth in subparagraph (j)(1) (b) Withholding of funds. The Contracting Officer, upon his or her of this clause. own action or upon request of HUD shall withhold or cause to be (3) Withholding for unpaid wages and liquidated dam- withhold from the Contractor und of this contract Oran y other contract ages. HUD or its designee shall upon its own action or upon written - subject to HUD - determined wage rates, with the same 'orimeContrac- equest of an authorized representative of the Department of Labor tor, so much of the accrued payments or advances as may be withhold or cause to be withheld, from any moneys payable on considered necessary to pay.laborers and mechanics employed by account of work performed by the Contractor Or subcontractor under the Contractor or any subcontractor the full amount of wages required any such contract or any Federal contract with the same prime by this clause. In the event of failure to pay any laborer or mechanic Contractor, or any other Federally- assisted contract subject to the employed or working on thb Site of the work all or part of the wages Contract Work Hours and Safety Standards Act, which is hell by the - - Page 16 of 16 - _ form required by the contract. the Contracting Officer or HUD may, after Part 24. written notice to the Contractor. take such action as maybe necessary (I) Disputes concerning tabor standards. (1) Disputes arising to cause the suspension of any further payment, or advance, I p�( of the labor standards provisions of paragraphs (a), (b), (c), and such violations have ceased. The PHA4HAorHUDmay, afterwrte j(��t� FLi ,ye of this cause shall be subject to the generaldispu tes clause of this .notice to the Contractor, disburse such amounts withheld for and oh " contract. account of the Contractor or subcontractor to the respective em toy- II ��p isputes arising out of the labor standards provisions of ees !o whom they are due. 2001 116V -2 �itF9gr�'p�ts (d), and (g) of this clause shall not be subject to the •c) Payrolls and basic records. (I ) Payrolls and basic records general disputes clause of this contract. Such disputes shall be relating thereto shall be maintained by the Contractor durn t e Ived in accordance with the procedures of the Department of course ofthewor k and preserved fore period of three year §t e �- p et forth in 29 CFR Parts 5, 6, and 7. Disoutes within the for all laborers and mechanics working at the site of the ��l� it i IT of this paragraph (Q(2) include disputes between the records shall contain the name, address, and social security number Contractor (or any of its subcontractors) and the PHA/IHA, HUD, the of each such worker, his or her correct classification, hourly rates of U.S. Department of Labor, or the employees or their representatives_ wages paid, daily and weekly number of hours worked, deductions (g) Contract Work Hours and Safety Standards Act. As used in made, and actual wages paid. this paragraph, the terms "laborers" and "mechanics" include watch- (2)(i) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Contracting Officer. The payrolls submitted shall set out accurately and com- pletely ail of the information required to be maintained under subparagraph (d)(1) above. This information maybe submitted in any form desired. Optional Form WH -347 (Federal Stock Number 029- 005- 00014 -1) is available for fhis purpose and maybe purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The prime Contractoris responsible for the submission of copies of payrolls by all subcontractors. (Approved by the OMB under OMB control number 1215 - 0149). (ti) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontrac- tor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (A) that the payroll for the payroll period contains the information required to be maintained under subparagraph (c)(1) of this clause and that such information is correct and complete; (B) that each laborer or mechanic employed on the con- tract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; and (C) that each laborer or mechanic has been paid not less than the applicable wage rates for the classification of work per - formed, as specified in the applicable wage determination incorpo- rated into the contract. (iii) The weekly submission of a properly executed certifl- cation set forth on the reverse side of Optional Form WH -347 shall satisfy the requirements for submission of the "Statement of compli- ance' required by subparagraph (c)(2)(ti) of this clause. (iv) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United S!ates Code. (3) The Contractor or subcontractor shall make the records required under subparagraph (c)(1) available forinspection, copying, or transcription by authorized representatives of HUD orthe PHA/IHA and shall permit such representatives to interview employees during working hours on the jeb. If the Contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the Contractor, take such action as maybe necessaryto cause lhesuspensionof any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment orden ial ofparticipation in HUD's programs oursuant to 24 CFR Part 24. (d) Compliance with Copeland Act requirements. The Contrac- tor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. (e) Contract termination; debarment. A breach of this contract clause may be grounds for termination of the contract and for debarment as a Contractor and a subcontractor as provided in 24 CFR men and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compen- sation at a rate not less than one and one -half limes the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated dam- ages. In the event of any violation of the provisions set forth in subparagraph (9)(1) of this clause, the Contractor and any subcon- tractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watch- men and guards, employed in violation of the provisions set forth in subparagraph (g)(1) of this clause, in the sum of $10 f or each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by provisions set forth in subparagraph (g)(1) of this clause. (3) Withholding for unpaid wages and liquidated dam- ages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any federal contract with the same prime Contractor, or any other federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor such sums as may be determined to be necessary to satisfy any liabilities of such Co ntraclor or subcontractor for unpaid wages and liquidated damages as provided in the provi- sions set forth in subparagraph (g)(2) of this clause. (h) Subcontracts. The Contractor or subcontractor shall insert it any subcontracts all the provisions contained in this clause and also a clause requiring the subcontractors to include these provisions it any lower tier subcontracts. The prime Contractor shall be respon sible for the compliance by any subcontractor or lower tiersubcontrac for with all the provisions contained in this clause. . Page 17 of 18 form 49. Aron- Federal Prevailing Wage Rates Any prevailing wage rate (Including basic hourly rate and any fringe benefits), determined under State or tribal law to be prevailing, with respectto any employee In anytrade or position employed underthe contract, is inapplicable to the contract and shall not be enforced against the Contractor or any subcontractor, with respect to employees engaged under the contract whenever either of the following occurs: (1) Such non - Federal prevailing wage rate exceeds: (A) the applicable wage rate determined by the Secretary of Labor pursuant to the Davls -Bacon Act (40 U.S.C. 276a at seq) to be prevailing In the locality whh respect to such trade; (8) an applicable apprentice wage rate based thereon specified In an apprenticeship program registered with the U.S. Department of Labor or a DOL- recognized State Apprenticeship Agency; or (C) an applicable trainee wage rate based thereon specified in a DOL- certified trainee program; or (2) Such non - Federal prevailing wage rate, exclusive of any fringe benefits, exceeds the applicable wage rate determined by the Secretary of HUD to be prevailing In the locality with respect to such trade or position. FILED 2001 NOV -2 Ali 11: 04 CITY CLERK IOWA CITY IOWA Pape 18 of 18 - toeA HUD-.f' 37C CITY OF IOWA CITY GENERAL CONDITIONS AND INSTRUCTIONS TO BIN110 -2 AM 11: 04 Central Procurement & Services Division Mn C v -- IOWA ni y inwA A. Conditions for Bidding 1. Completeness /Authorization of Bid. 2. Addressing of Bid. 3. Bid Deadline /Opening. 4. Bids Binding 30 days. 5. Trade Secrets or Proprietary Information.. 6. Failure to Respond. 7. Bids for All or Part. 8. Discounted Bids. 9. Multiple Bids. 10. Competency of Bidder. 11. Collusive Bidding. 12. Officers Not to Benefit. 13. Equal Employment Opportunity. 14. Samples /Literature Required. 15. Vendor List Application Required. 16. Bid Summary. B. Bonds and Insurance. Page 1. Bid Security. 2 2. Performance Bond. 2 3. Insurance Requirements. 2 C. Specifications. 1 . Formal Specifications. 3 2. Proposed Alternate. 3 3. Addendum to Specifications. 3 4. Year 2000 Compliance 3 D. Award of Contract. 1. Award or Rejection of Bids. 3 2. Local Purchases. 4 3. State of Iowa Resident Bidder Preference. 4 4. Federal Transit Funds. 4 5. Tie Bids. 4 6. Errors in Bids. 4 7. Contract Award. 4 E. General Contract Provisions. Page 1. Insurance /Performance Bond. 4 2. Availability of Funds. 4 3. Contract Alterations. 4 4. Subletting of Contract. 4 5. Contract Period. 4 6. Default. 4 7. Delivery Failures. 4 8. New Goods, Fresh Stock. 4 9. Professional Workmanship. 4 10. Guarantee. 4 11. Indemnity. - 5 12. OSHA Requirements. 5 13. Non - discrimination. 5 F. Delivery 1. Cartage. 5 2. Responsibility for Commodities and /or Service Delivered. 5 3. Inspections. 5 4. Time of Delivery 5 5. Packing Slips or Delivery Tickets 5 G. Payment Provisions. 1. Payment Terms. 5 2. Withholding Payment. 6 3. Invoicing. 6 4. Taxes. 6 Ifevibeu I Ilau) GENERAL CONDITIONS AND INSTRUCTIONS I 0-13113111M The general rules and conditions which follow apply to all proposals issued by the City unless otherwise specified. Bidders or their authorized agents are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting proposals; failure to do so shall be at the bidder's own risk. Bids and contracts issued by the City of Iowa City shall bind bidders to applicable conditions and requirements herein set forth unless otherwise specified in the bid documents, and are subject to all federal, state, and municipal laws, rules, regulations, and limitations. 19id" as referenced herein shall include all bids, quotations and proposals. Bid date "as referenced herein shall mean the local date and time specified in the bid documents. A. CONDITIONS FOR BIDDING 1. COMPLETENESS /AUTHORIZATION OF.BID. Bidder shall supply all information an submittals require by the bid documents to constitute a proper bid. Bid shall be signed with the firm name and by an authorized agent. 2. ADDRESSING OF BID. Unless otherwise specified, faxed bids will not be accepted. Bid shall be submitted in a sealed envelope clearly marked on the front with bid number and due date, and unless otherwise specified, addressed to: Purchasing Division _ _ - City of Iowa City Civic; Center -- 410 E. Washington St. Iowa City, Iowa 52240 3. BID DEADLINE /OPENING. Bidder shall be responsible or taking whatever measures are necessary to ensure that the bid reaches the office of the Purchasing Agent or otherwise specified agent . on or before the local time and date specified. The City shall- not be responsible- for, and may not consider, any bid delayed in the postal or other delivery service, or in the City's internal mail system, nor any late bid, amendment thereto, or request for withdrawal of bid received after the date specified. Bidders and/or their authorized agents may be present if a formal bid opening is held, at which time all bids shall be opened and cost data read aloud. A written request for withdrawal of a bid or any part thereof may be granted, provided the request is received by_the City prior to specified bid date. 4. BIDS BINDING 30 DAYS. Unless otherwise specified, all orma bids su mltte s all be binding for thirty (30) calendar days following bid date, unless the bidder(s), at the City's request, agrees to an extension. 5. TRADE SECRETS OR PROPRIETY INFORMATION. Trade secrets or proprietary information that are recognized as such and protected by law -may be withheld if clearly identified as such in the proposal. - ra 6, FAILURE TO RESPOND. If a vendor does not intend try_ I I _ E 5. I� i on a request or proposal received, the vendor shat} VENDOR LIST APPLICATION REQUIRED. Bidder shall respond with a notice of "NO BID" by the specified proposal t�ct�o,mhpe,ftaeF,Lsign, an return a Vendor List Application (VLA) date. Failure to respond to a request for bid 'fs rr -2 Rt' TIvrU'i a completed VLA is already on file with the City. considered cause for removing that vendor from I a City's Vendor List. _ 16. BID SUMMARY. Summary of bid award made will be GI I' �.il_Lmi I@ to t ose i ders who enclose a stamped, self - 7. BIDS FOR ALL OR PART. Unless otherwise sgeyj>ri$d, CITY addressRd envelope with their bid. i er may restrict his/her to cons3eration m iT IUVV/i by so stating, but shall name a unit price for each item bid B. BONDS AND INSURANCE upon; any bid on which the bidder names a total price for all items without quoting a price on each and every separate item may be rejected at the option of the City. 8. DISCOUNT BIDS. Discounts may be taken into consi eraton. 9. MULTIPLE BIDS. Bidders may submit more than one FtU7-pr-o-vt-de-d-s-u-cT-additionaI bid or bids are properly submit- ted on the bid forms. Extra sets of specifications and /or bid forms may be obtained upon request at the Purchasing Agent's office. 10. COMPETENCY OF BIDDER. No bid may be accepted from or contract aware to any person, firm or corporation which is in arrears or in default to the City of Iowa City upon any debt or contract, or has failed to perform faithfully any previous contract with the City. The bidder, if requested, shall present evidence of performance ability and possession of necessary facilities, pecuniary resources and adequate insurance to comply with the terms of these specification and contract documents; such evidence shall be presented within a specified time and to the satisfaction of the City. 11. COLLUSIVE BIDDING. The Bidder certifies that his /her bid is made without any previous understanding, agreement or connection with any person, firm, or corporation making a bid for the same project, without prior knowledge of competitive prices, and it is in all respects fair, without outside control, collusion, fraud or otherwise illegal action. 12. OFFICERS NOT TO BENEFIT. Upon signing his /her bid, Bidder certifies that no mem er of the governing body of the City of Iowa City, or members of his /her immediate family, including spouse, parents or children, or any other officer or employee of the City, or any member or employee of a Commission, Board or Corporation controlled or appointed by the City Manager or Council has received or has- -been promised, directly or indirectly, any financial benefit related to this contract. 13. EQUAL EMPLOYMENT OPPORTUNITY. All bidders are subject to and must comply with trio provisions of the City's EEO policy and applicable state and federal anti- discrimination laws. The City encourages equal employment opportunity to businesses owned and controlled by minorities or women. All City contractors, subcontractors or 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. Emergency contracts are exempt from this provision. 14. SAMPLES /LITERATURE REQUIRED. When required, each i er shall submit samp es an or cata ogs, descripiiv literature, detailed drawings, and other information necessary to fully describe the proposed commodity or service. Bidder shall bear the cost of and make arrangements for the delivery and removal of samples to the specified location. The City may retain awarded bidder' s samples until delivery of contracted commodities and /or service has been completed and accepted. Unsuccessful bidders shall remove samples as soon as possible after bid award. The City shall not be responsible for such samples if not removed by the bidder within thirty (30) calendar days after the award has been made. 1. BID SECURITY. When required, no bid shall be cons er�ess accompame yen er of the following forms of bid security: a. A certified or cashier' s check drawn on a solvent Iowa bank or a bank c artere un er the laws of the United States, or a certified share draft drawn on a credit union in Iowa or charte u—er� n er_t oTaws of the United States, in an amount equal to a minimum of five percent (5 %) of the bid, or b. A bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in a penal sum of a minimum of five percent (5 %) of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City as liquidated damages in the event the successful bidder fails to enter into a contract within fourteen (14) calendar days and, when required, post bond satisfactory to the City insuring t e alt u per ormance of the contract and maintenance of said work, if required, pursuant to the provisions of the bid documents and other contract documents. The amount of the check, draft or bond shall not constitute a limitation upon the right of the City of Iowa City, Iowa, to recover for the full amount of such damage. Security deposits of the lowest two (2) or more bidders may be retained pending contract award or rejection. All other security deposits will be returned promptly. 2. PERFORMANCE BOND. When required, the successful bidder shall urnis a bond in 155 amount of one hundred percent (100 %) of the contract price, said bond to be issued by a responsible surety approved by the City and shall guarantee the prompt payments of all materials and labor and protect and save harmless the City from claims and damages of any kind caused by the operation of the contract, and shall also guarantee the maintenance of the improvement for a specified period following its completion and acceptance by the City. A letter of Irrevocable Credit from a responsible lending agency approved by the City, for the sameguarantee(s) as noted above, may be submitted for approval. The City reserves the right to accept or reject this form of guarantee. 3. INSURANCE REQUIREMENTS. When required, the successful i er shall provide insurance asfo lf s a. Certificate of Insurance: Cancellation or Modification Before commencing work, the Contractor shall submit to the City for approval of a Certificate of Insurance meeting the requirements specified herein, to be in effect for the full contract period. - The Contractor shall notify the City in writing at least thi Y{�vl���i1(awings, performance and test data, references, and any (30) calendar days prior to any change or cancellation of her information necessary for a complete evaluation. said policy or policies. Bidder shall include a statement setting forth any changes in �97 p0 FFI0 t�I o 1h1er��jjaterials, equipment, or other work which would be Cancellation or modification of said policy or poliX Wil De 2 AI1,046?irl�dl by incorporation of the proposed alternate. The considered just cause for the City of Iowa City to burden of proof of the merit of the proposed alternate is immediately cancel the contract and /or to halt work n eo . n the proposer. contract, and to withhold payment for IVW l_,ITYCI�1�/�i performance on the contract. ty's decision to approve or disapprove of a proposed a ternate shall be final. b. Minimum Coverace Any policy or policies of insurance purchased by the Contractor to satisfy his /her responsibilities under this contract shall include contractual liability coverage, and shall be in the following type and minimum amounts: Per Per Type Person Accident Comprehensive General Liability (1) Bodily Injury $250,000 $500,000 (2) Property Damage $100,000 Motor Vehicle Liability & Property Damage Insurance: (1) Bodily Injury $250,000 $500,000 (2) Property Damage $100,000 Worker's Compensation Insurance as required by Chapter 85, Code of Iowa. C. Hold Harmless: Endorsement Required (1) The Contractor shall Indemnify, defend and hold harmless the City of Iowa City and its officers, employees, and agents from any and all liability, loss, cost, damage, and expense (including reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of any claims, actions, or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operations under this Contract, whether such operations be by himself or herself or by any Subcontractor or by anyone directly or Indirectly employed by either of them. (2) Contractor is not, and shall not be deemed to be, an agent or employee of the City of Iowa City, Iowa C. SPECIFICATIONS 1. FORMAL SPECIFICATIONS. The bidder shall abide by and comply with the true intent of the specifications (not take advantage of any unintentional error or admission). Whenever herein mention is made of a commodity and /or service to be provided in accordance with laws, ordinances, building codes, underwriters' codes or similar expressions, the requirements of these laws, ordinances, etc., shall be construed as the minimum requirements of the specifications. The absence of a written list of deviations submitted with the bid shall hold the bidder strictly accountable to the City and to the specifications as written. Any unauthorized deviation from the specifications may be grounds for rejection of the commodity and /or service when delivered. 2. PROPOSED ALTERNATE. When an item is identified in the bid do—c—u—m—en—t—'Fy a manufacturer's name or catalog number, it is understood that the bidder proposes to furnish the commodity and /or service so identified by the City unless the bidder specifically proposes an alternate. In bidding on a proposed alternate, the bidder shall clearly state on his /her bid exactly what he /she proposes to furnish, and forward with his /her bid, a complete description of the proposed alternate, including brand, model number, 3. ADDENDUM TO SPECIFICATIONS. Any substantive interpretation, correction or change of the bid documents shall be made by addendum to bidders of record. Interpretation, corrections or changes of the bid documents made in any other manner shall not be binding, and bidders shall not rely upon such interpretations, corrections or changes. Any addendum shall be issued within a reasonable time prior to the bid date. 4. Year 2000 Compliance The product(s), when used in accordance with its specifications and documentation, shall: - Identify and process date and time data without causing any processing interruptions, abnormal terminations or changes in performance level, characteristics or functionality of the product(s), and, - Identify, process and manipulate all date and time data related functions correctly (including leap year calculations, day -in -year calculations, day -of- the -week calculations, and week -of- the -year calculations), and, - Correctly handle date and time related data, before, on and after January 1, 2000, including, but not limited to accepting input, providing date data output (if applicable), and performing outgoing operations on dates and portions of dates, Including but not limited to calculating, comparing and sequencing of dates (in both forward and backward operations spanning century boundaries), and, - Correctly store and provide output of all date and time data in a manner that is unambiguous as to century. D. AWARD OF CONTRACT 1. AWARD OR REJECTION OF BIDS. Unless otherwise specified, the contract shall e away ed to thT responsible and responsive bidder complying with the provisions of the bid, documents, provided the bid price is reasonable and it is in the best interest of the City to accept it. The City reserves the right to reject any and all bids, to accept In whole or in part, to add or delete quantities, to waive any informalities in bids received, and to accept or reject any bid which deviates from specifications when in the best interest of the City. The City also reserves the right to reject the bid of any bidder who has previously failed to perform properly or complete on time contracts of a similar nature, or a bid from a bidder who, investigation shows, is not in a position to perform the contract. - In determining a bidder's responsibility, the City may consider the following qualifications, in addition to price: 0 In determining a. bidder's responsiveness, the City shall consider whether the bid conforms in all material respects to the bid documents. 2; LOCAL PURCHASES. Unless otherwise specified, cost and other considerations being equal, local firms i.e. an office in Iowa City) shall be given first consideration for the purchasing of goods or services. 3. STATE OF IOWA RESIDENT BIDDER PREFERENCE. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act (SF 2160) applies to the contract with respect to bidders who are not Iowa residents. 4. FEDERAL TRANSIT FUNDS. Purchases utilizing Federal Transit funds are not eligible or local or state purchase consideration. 5. TIE BIDS. If two or more bidders submit identical bids an arm e�y qualified, the City's decision to make award to one or more of such bidders shall be final. 6. ERRORS IN BID. Any ambiguity in any bid as a result - 0 omrssr -f—'- ion, e�ck of clarity or non - compliance by the bidder with specifications, instructions and all conditions of bidding shall be construed in the light most favorable to the City. Erasures or changes in bids shall be initialed. 7. CONTRACT AWARD. A written award in the form of a Purchase Order or other Instrument shall result in a binding contract without further action by either party. E. GENERAL CONTRACT PROVISIONS 1. INSURANCEIPERFORMANCE BOND. When required, current Certificate of nsurance and/or Performance Bond in the amounts specified shall be on file with the City before work can commence. 2. AVAILABILITY OF FUNDS. A contract shall be deemed executory only tote extent of appropriations available to each department for the purchase of such commodities and /or service. The City's extended obligation on these contracts which envision extended funding through succes- sive fiscal periods shall be contingent upon actual appropria- tion for the following fiscal year. 3. CONTRACT ALTERATIONS. No alterations or variables in the terms oT_a_c_o_n_tr_ac_t­sI5ane valid or binding upon the City unless authorized in writing by both parties. b. Extended upon written authorization of the City and accepteTFy—contractor, for a period negotiated and agreed upon by both parties, when in the best interest of the City. C. Terminated due to default, as described below. 6. DEFAULT. The contract may be cancelled or annulled y tbCiy rn whole or in part by written notice of default to the Contractor upon non - performance, violation of contract terms, delivery failure, bankruptcy or insolvency, or the making of an assignment for the benefit of creditors. An award may then be made to next low bidder, or when time is of the essence, similar commodities and /or service may be purchased on the open market. in either event, the defaulting Contractor (or his /her surety) shall be liable to the City for cost to the City in excess of the defaulted contract price. 7. DELIVERY FAILURES. Failure of a contractor to provide commodities and/or sery ce within the time specified, unless extended in writing by the City, or failure to replace rejected commodities and /or service when so directed by the City shall constitute delivery failure. When such failure occurs the City reserves the right to cancel or adjust the contract, whichever is in the best Interest of the City. In either event, the City may purchase in the open market commodities and /or service of comparable worth to replace the articles of service rejected or not delivered. On all such purchases, the Contractor shall reimburse the City, Within reasonable time specified by the City, for any expense incurred in excess of contract prices, or the City may deduct such amount from monies owed the Contractor. If the contract is not cancelled, - - - such purchases shall be deducted from contract quantities. The City reserves the right to accept commodities and /or service delivered which do not meet specifications or are substandard in quality, subject to an adjustment in price to be determined by the City. The Contractor shall not be liable in damages for delivery failure when such failure is the result of fire, flood, strike, act of God, act of government, act of an alien enemy or any other circumstances which, in the City's opinion, is beyond the control of the Contractor. Under such circumstances, however, the City may at its discretion cancel the contract. 8. NEW GOODS. FRESH STOCK. All contracts, unless otherwise speciflecl, shall produce new, commodities, fresh stoc , a—k1 test mod? design or Pack.- 9. PROFESSIONAL WORKMANSHIP. Professional work- manship shall meet or exceed existing industry standards. 10. GUARANTEE. Unless otherwise specified, the Contrac- tor uncon mono y guarantee the ma[enaIs -and work- manship on all equipment furnished by him /her for a mini- mum period.of one (1) year from date of acceptance of the items delivered and installed. If, within the guarantee period, - �- any defects or signs of deterioration are noted which in the SUBLETTING OF CONTRACT. Contractor shall not The quality, availability, adaptability and life cycle costing oF1I_L - the commodities and /or service. assign, trans er, convey, sucilex or otherwise dispose of Guarantees and warranties. his /her contract or his /her right, title or interest therein, or Ability, capacity and skill to provide the commodid&Q'i -2 b 4 /hpf vvr to execute such contract, to any other person, service required within the specified time. Irm or corporation, without the prior written consent of the Ability to provide future maintenance and service. /� Character, Integrity, reputation, experience and efficrije�Snt�cC¢l CLHJ, City, but in no case shall such consent relieve the Contractor �, ^Khis /her obligations, or change the terms of contract. ,lY Quality of performance of previous and /or existing cry I E s` CITY Previous and existing compliance with laws and or i a e �OV�B,,, TRACT PERIOD. Contract shall remain in force for relating to contracts with the City and to the bidder's a full period specified and until all commodities and /or employment practices. services ordered before date of termination shall have been 1 -) Whether the bidder is in arrears to the City, in debt on satisfactorily delivered and accepted and thereafter until all a contract or is a defaulter on surety to the City. requirements and conditions shall be met, unless: ( -) if reasonable doubts arise as to bidder's solvency, the City reserves the right to require financial information a. Extended upon written authorization of the City and sufficient to show solvency and /or require a accepter- y contractor,. to permit ordering or unordered Performance bond. balances or additional quantities at contract prices and in (-1 Such other relevant information as may be secured by accordance with contract terms. the City. In determining a. bidder's responsiveness, the City shall consider whether the bid conforms in all material respects to the bid documents. 2; LOCAL PURCHASES. Unless otherwise specified, cost and other considerations being equal, local firms i.e. an office in Iowa City) shall be given first consideration for the purchasing of goods or services. 3. STATE OF IOWA RESIDENT BIDDER PREFERENCE. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act (SF 2160) applies to the contract with respect to bidders who are not Iowa residents. 4. FEDERAL TRANSIT FUNDS. Purchases utilizing Federal Transit funds are not eligible or local or state purchase consideration. 5. TIE BIDS. If two or more bidders submit identical bids an arm e�y qualified, the City's decision to make award to one or more of such bidders shall be final. 6. ERRORS IN BID. Any ambiguity in any bid as a result - 0 omrssr -f—'- ion, e�ck of clarity or non - compliance by the bidder with specifications, instructions and all conditions of bidding shall be construed in the light most favorable to the City. Erasures or changes in bids shall be initialed. 7. CONTRACT AWARD. A written award in the form of a Purchase Order or other Instrument shall result in a binding contract without further action by either party. E. GENERAL CONTRACT PROVISIONS 1. INSURANCEIPERFORMANCE BOND. When required, current Certificate of nsurance and/or Performance Bond in the amounts specified shall be on file with the City before work can commence. 2. AVAILABILITY OF FUNDS. A contract shall be deemed executory only tote extent of appropriations available to each department for the purchase of such commodities and /or service. The City's extended obligation on these contracts which envision extended funding through succes- sive fiscal periods shall be contingent upon actual appropria- tion for the following fiscal year. 3. CONTRACT ALTERATIONS. No alterations or variables in the terms oT_a_c_o_n_tr_ac_t­sI5ane valid or binding upon the City unless authorized in writing by both parties. b. Extended upon written authorization of the City and accepteTFy—contractor, for a period negotiated and agreed upon by both parties, when in the best interest of the City. C. Terminated due to default, as described below. 6. DEFAULT. The contract may be cancelled or annulled y tbCiy rn whole or in part by written notice of default to the Contractor upon non - performance, violation of contract terms, delivery failure, bankruptcy or insolvency, or the making of an assignment for the benefit of creditors. An award may then be made to next low bidder, or when time is of the essence, similar commodities and /or service may be purchased on the open market. in either event, the defaulting Contractor (or his /her surety) shall be liable to the City for cost to the City in excess of the defaulted contract price. 7. DELIVERY FAILURES. Failure of a contractor to provide commodities and/or sery ce within the time specified, unless extended in writing by the City, or failure to replace rejected commodities and /or service when so directed by the City shall constitute delivery failure. When such failure occurs the City reserves the right to cancel or adjust the contract, whichever is in the best Interest of the City. In either event, the City may purchase in the open market commodities and /or service of comparable worth to replace the articles of service rejected or not delivered. On all such purchases, the Contractor shall reimburse the City, Within reasonable time specified by the City, for any expense incurred in excess of contract prices, or the City may deduct such amount from monies owed the Contractor. If the contract is not cancelled, - - - such purchases shall be deducted from contract quantities. The City reserves the right to accept commodities and /or service delivered which do not meet specifications or are substandard in quality, subject to an adjustment in price to be determined by the City. The Contractor shall not be liable in damages for delivery failure when such failure is the result of fire, flood, strike, act of God, act of government, act of an alien enemy or any other circumstances which, in the City's opinion, is beyond the control of the Contractor. Under such circumstances, however, the City may at its discretion cancel the contract. 8. NEW GOODS. FRESH STOCK. All contracts, unless otherwise speciflecl, shall produce new, commodities, fresh stoc , a—k1 test mod? design or Pack.- 9. PROFESSIONAL WORKMANSHIP. Professional work- manship shall meet or exceed existing industry standards. 10. GUARANTEE. Unless otherwise specified, the Contrac- tor uncon mono y guarantee the ma[enaIs -and work- manship on all equipment furnished by him /her for a mini- mum period.of one (1) year from date of acceptance of the items delivered and installed. If, within the guarantee period, - �- any defects or signs of deterioration are noted which in the City's opinion are due to faulty design, installation, work- FI IdeFi at n, and delivery costs and charges included in the manship, or materials, the Contractor, upon notification and I bi I s otherwise stated in the specifications or proposal. at his /her expense, shall repair or adjust the equipment or parts to correct the condition or he /she shall replace then�g{� rjoli _ ,�. U;PONS181LITY FOR COMMODITIES AND/OR or entire unit to the complete satisfaction of the City. Tbd§d BERkf16HlWtWl -JLKW. I f a Contractor shall e responsible repairs, replacements or adjustments shall be made only at or any c�dities and /or service covered by this contract such time as shall be designated by the City as least detri -CI �Y Iugtil - }h y are delivered at the designated point, but the mental to the operation of the City business. �1n^�/1n, C' nM d r shall bear all risk for rejected commodities and /or Ioyy,`1 ( JJ4,e icUWAr written notice of rejection. Rejected Regardless of any statement to the contrary, the Contractor commodities and /or service shall be removed and /or replaced agrees that the implied warranty of merchantability and by and at the expense of the Contractor promptly after fitness for a specific purpose is not disclaimed. written notification of rejection, unless public health and safety require destruction or other disposal of rejected 11. INDEMNITY. The Contractor shall indemnify, defend an o arm ess the City of Iowa City and its officers, employees, and agents from any and all liability, loss, cost, damage, and expense (including reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of any claims, actions, or suits based upon or alleging bodily injury, Including death, or property damage rising out of or resulting from the Contractor's operations under this - Contract, whether such operations be by himself or herself or by any Subcontractor or by anyone directly or indirectly employed by either of them. delivery. Upon Contractor's failure to do so within thirty (301 calendar days after the date of notification, the City may return the rejected commodities to the Contractor and/or replace services at the Contractor's risk and expense, or the City may dispose of them as its own property. 3. INSPECTIONS. Final inspection of commodities and /or service sFalr>�clusive except as regards latent defects, fraud, or such gross mistakes that amount to fraud. Final inspection and acceptance or rejection of the commodities and /or service shall be made within a reasonable time after delivery, but failure to inspect and accept or reject commodi- ties and /or service shall not impose liability on the City if such commodities and /or service are not in accordance with the specifications. Contractor is not, and shall not be deemed to be, an agent or employee of the City of Iowa City. Contractor further agrees to: a. Save the City, its agents and employees harmless from ra ityT -GTE any nature or kind for the use of any copyright or uncopyright composition, secret process, patented or unpatented invention, article or appliance furnished or used in the performance of the contract of which the Contractor is not the patentee, assignee, licensee or owner. b. Protect the City against latent defective material or wor mans ip an to repair or replace any damages or marring occasioned in transit or delivery. C. Furnish adequate protection against damage to all work an to repair o any kind, to the building or equip- ment, due to contractor's own work or to the work of other contractors, for which he /she or his /her workers are responsible. d. Obtain all Permits. licenses and fees and give all notices an comp y wn all laws, ordinances, rules and regulations of the City, the State of Iowa, and the Federal Government. _ 12. OSHA REQUIREMENTS. All commodities and /or service shall satisfactorily comply with applicable OSHA regulations in effect at the time commodities are shipped and /or the service is performed. Material Safety Data Sheets (MSDS) are required in accordance with applicable regulations. 13. NON - DISCRIMINATION. Contractor shall not iscriminate against any employee or applicant for employment or any member of the public because of race, color, creed, religion, national origin, sex, gender identity, sexual preference, disability, marital status, or age, in keeping with the Equal Employment Policy Statement included in the City's •Vendor List- Application .form, or otherwise commit an unfair employment practice. Contractor further agrees that this non - discriminatory agreement shall be incorporated by the Contractor in all contracts entered into with suppliers of commodities and /or services, contractors and subcontractors, and all labor organizations furnishing skilled, unskilled and craft union skilled labor, or who may perform any such labor or services in connection with this contract. F. DELIVERY PROVISIONS CARTAGE. All items shall be delivered F.O.B. All delivered commodities shall be accepted subject to inspection and physical count. 4. TIME OF DELIVERY. Bidders shall guarantee delivery of supplies in accordance with such delivery schedule as may be provided in the specifications and proposals. Deliveries will he accepted between 8:30 a.m. and 3:30 p.m. on weekdays only. No deliveries shall be accepted on Saturdays, Sundays or holidays, unless otherwise authorized. 5. PACKING SLIPS OR DELIVERY TICKETS. All shipments or deliveries shall a accompanied by packing slips or delivery tickets and shall contain the following information for each item delivered: Purchase Order number. Name and Address of Ordering Department /Division. Name of the Contractor. Commodity name. Supplier's stock number. Quantity ordered. Quantity and date shipped. Quantity back ordered. Vendors are cautioned that failure to comply with those conditions may be considered sufficient reason for refusal to accept the commodities and /or for delay in payment. G. PAYMENT PROVISIONS 1. PAYMENT TERMS. Payment may be made only after inspection an acceptance by the using department and, when required, approval by the City Council. No partial payments s. a e made unless otherwise authorized by the City, or unless. commodities were constructed, erected, installed or tested on site, in which case payment shall be made on the basis of a percentage of the value of all work performed less any previous payments. Payment of balances shall be made only after approval and final acceptance by the City. 2. WITHHOLDING PAYMENT. Consideration for withholding payment shail include faulty materials, equipment, or workmanship, back orders, and liens that have been filed, or evidence indicating a possible filing of claims. In all cases, regulations and limitations imposed by the Federal Government and State of Iowa shall prevail. 3. INVOICING. Following acceptance, payment shall be ma a wrt n t ❑ty (30) calendar days from receipt of proper invoice. Invoice shall include bid number, purchase order number, department name, dollar amount, and any other pertinent information. Submit invoice in duplicate to: Accounting Division City of Iowa City Civic Center - 410 E. Washington St. Iowa City, Iowa 52240 4. TAXES. The City of Iowa City is exempt from all e era, fate of Iowa and other states' taxes on the purchase of commodities and services used by the City of Iowa City within the State of Iowa. The Purchasing Division shall provide tax exemption certification to out -of -state suppliers as required. Out -of -state taxes imposed on purchases of commodities and /or services which are used within another state are applicable and subject to payment. Contractors shall bill the City Accounting Division, including tax, for contracts pertaining to the alteration, construction or repair of real property. The Contractor shall provide the necessary Iowa Department of Revenue Contractor's Statement (one contractor's statement for each subcon- tractor). The Accounting Division shall then contact the State of Iowa for tax reimbursement. Contractors and subcontractors shall pay all legally required sales, consumer and use taxes on all commodities and /or services purchased or rented to complete their contract. finpurch\gencobid.doc FILED 2001110Y -2 AM 11: 04 CITY CLERK Iowa CITY, IOWA FILED 2001 NOY -2 AM 11: 04 CITY CLERK IOWA CITY IOWA X-AC rl N'a 11 CITY OF IOWA CITY TABLE OF CONTENTS PAGE FILED 7001 NOV -2 Ali II: 05 CI [Y CLERK IOWA CITY IOWA SECTION I General Policy Statement 1 SECTION II Assurance of Compliance 2 SECTION III Suggested Steps to Assure 9 Affirmative Action SECTION IV Definitions 12 r Fll_.FD SECTION I - GENERAL POLICY STATEMENT 2001 HO 11 -2 A1; 11: 05 It is the policy of the City of Iowa City to assure equal employmen ,opportunity in all City contract work. This policy prohibits discriminatio.�the_C- i.ty's contractors, subcontractors and vendors, and requires them to t ny, ke'%affi'rmatlfijl,e /A action to ensure that applicants employed or seeking employment with them are treated equally without regard to race, color, creed, religion, national origin, sex, sexual preference, disability, marital status, and age. It is our intention to administer this policy in such a manner as to assist employers who are contractors or subcontractors with the City in designing and implementing Affirmative Action Programs so that all citizens will be afforded equal accessibility and opportunity to gain and maintain employment. PROVISIONS: 1. All vendors requesting to do business with the City, and all City contractors, subcontractors, and consultants, must submit an approved Equal Employment Opportunity Statement.. 2. All City contractors, subcontractors or 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 are exempt from this provision. 3. Contracting departments are responsible for assuring that City contractors, subcontractors and vendors are made aware of their EEO /Affirmative Action reporting responsibilities and receive the appropriate reporting forms. A notification of requirements will be included in any requests for proposal. 4. Prior to commencement of work, the completed Equal Employment Opportunity Statement or required material must be received and approved by the City. 5. Contractor compliance during the course of the contract with the City of Iowa City will be monitored by the contracting department. 6. Once a contractual relationship exists between a contractor and the City, as with any contractual provision, the City retains the right to withhold payment on a contract pending satisfactory performance in the areas of Equal Opportunity and Affirmative Action outlined at the time of contract award and/or to disqualify a contractor from future bidding for a specified period of tine. F11-.FD SECTION II - ASSURANCE OF COMPLIANCE I id011 -2 G,i °i II: 05 The following sets forth the minimum requirements of a satisfaetorryy Affirmative Action Program which will be reviewed for acceptability. P(LtAS'E(RETURN PAGES 2 THROUGH 5 OF THIS SECTION TO THE CONTRACTING DEPARTMENT jMf0,R TO THEI(l)Xg,QUTION OF THE CONTRACT. CONTRACTOR, PLEASE CHECK THE APPROPRIATE STATEMENT: 1. This contract is federally funded (paragraphs a-g apply) 2. This contract is not federally funded (paragraphs a-c apply) During the performance of this contract, the contractor agrees as follows: '(For the purposes of these minimum requirements, "contractor" shall include consultants and subcontractors.) a. The contractor will not discriminate against any employee or applicant for employment because oT race, color, creed, religion, national origin, sex, sexual preference, disability, marital status, and age. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, sexual preference, disability, marital status and age. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. b. The contractor will, in all solicitations or advertisements for employees pi aced by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, national origin, sex, sexual preference, disability, marital status, and age. The contractor will send to each labor Union or representative of workers with — h c w or she has 7--col I ecti ve bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The contractor will co 1 with all provisions of Executive Order No. 11246 of September 24-,-r96-9, and o-the rules, regulations, and relevant orders of the Secretary of Labor. The contractor will furnish all information and reports required by Mecutiv -' Order No. 246 of -7eptember 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his or her books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 1-11 Fn f. In the event of the contractor noncompliance with the pondiscrimination Jas of this contract or with any of such rules, regulkabh;; or�or�c�gr�s., this contract may be cancelled, terminated, or suspended in whole or in0 part and the contractor may be declared ineligible for furt0jr,Government contracts in accordance with procedures authorized in Exoz;9tnrve ,�rde ,'No. 11246 of September 24, 1965, or by rule, regulation, or orde o Secretary of Labor, or as otherwise provided by law. g. The contractor will include the provisions of paragraphs (1) through '(7) in every subcontract oor purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for non - compliance: Provide, however, It threatened that in the event the contractor becomes involved in, or is with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect.the interests of the United States. Yes No 3. Have you written an Equal Employment Opportunity policy statement? — — a. If YES, where is this statement posted? b. Please provide a copy NOTE: Sample statements are available upon request. 4. What is the name of your Company's Equal Employment Opportunity Officer? (Please print) Phone number Yes No 5. The undersigned agrees to display the following posters at the worksite, conspicuously placed for the duration of the contract. — — EEOC /OFCCP Poster Age Bias Poster Wage Discrimination Poster NOTE: The City can provide assistance in obtaining the necessary posters. 1 l n , (n o v o C- ,O 7 Z 7 N Q m m i o n = N < o 0 0 M MV r vNn: T m N G n N N N d / n ., z CL H d m N O K d J Rk T m d m m N x H N I H m a o r N s. 3 r. m o � T m � N d r m N Z r 7 O V I + d m dorm 3C 0 K •+ ono -4O 7 Sd 7 O ~ A r- 0-4 T M H m �n d m m a m N m rn S m O n 'd 9 m O 3 N A O r a m o z z ? a H �7 7 N m 1 O FIT mO 0 0 Z � a N N a � 7 N G K� a o m r. a � 0- n m N v cf 7 ,Q M S m rt a o- Q m O v A d N m z m M m K O eT S m 2 N -i A C C] O Z N. a 7 6 O m T Z -1 2 N 7 v a �o m N Ol co FILED 7. How do you currently inform applicants, employees, and recruit - ment sources of your equal employment opportunity policyz'OOIHOV -2 All It: 05 r.ITY CLERK IOWA CITY IOWA Yes No 8. Do you provide a working environment free of harassment and intimidation for your female and minority employees? 9. Do you provide nonsegregated facilities and company activities for all employees? 10. If you rely in whole or in part upon unions as a source of your workforce, are they aware of your commitment to affirmative action and equal employment? a. How do you make them aware of this commitment? The above responses to questions 1 through 10,"are true and correctly reflect our affirmative action and equal employment policies. The employment figures and goals contained within the Table (N6) are true and accurate and we will make every effort to achieve the goals which we set. Firm /Company Name Signature Print Name Phone Number Title Date NOTE - PAGES 2 THROUGH 5 ARE TO BE RETURNED TO THE CONTRACTING DEPARTMENT PRIOR TO EXECUTION Of THE CONTRACT. 6 FILM INSTRUCTIONS for completing the chart located on page 4, ,qyg ;tion N6, GOALS & TIMETABLES. ' ("' 1'07 -2 P,'I! I I: O:i 1. Complete the EXISTING EMPLOYMENT section. Job Classifi4,'Fjgh �dpffTr. -ttions appear on pages 7 & 8. IOWA CAI I IOWA 2. The statistics located below, indicate the AVAILABILITY of women and minorities in your recruitment area. Compare these statistics with your current employment figures. If statistics are available per job classification, then make your comparisons in that manner, if the statistics are not broken down, compare your total minority and female work force figures with the total availability statistics. i) Johnson County labor force statistics: 2.05% minority 44.04% female ii) A more detailed breakdown by job classification may be available for your location. This information may be obtained from the Civil Rights Specialist. 3. If your current employment percentages for women and minorities, either in a particular job classification or as a whole, is lower than the statistics indicate is available, then UNDERUTILIZATION of either minorities or females exist. 4. If UNOERUTILIZATION exists, determine the number of women or minorities needed to make your work force percentages equal to the availability statistics. This figure represents your GOAL to increase minority and female representation. If you do not have statistics by job classification set a goal in the job classification you are most likely to have employee movement in. 5. When, during the length of the contract, will you attempt to achieve this goal? - that is called a TIMETABLE, and should appear in the GOALS TO INCREASE MINORITY AND FEMALE EMPLOYMENT SECTION. NOTE - DEFINITIONS for capitalized words in the above narrative, appear in Section IV of this document. JOB CLASSIFICATION DEFINITIONS - TO BE USED IN COMPLETION OF QUESTION M6, pg. 4 2!!)I ili?v -:99 1. Mona ers and Administrators: Occupations requiring admthiA Ai 61i pe—rsonnel who set broad policies, exercise overall res Qpsibili.ty for execution of these policies, and direct individual depa641tt5 'ai:_s'pecial phases of a firm's operations. Includes: officials, II EE!!uty as,,;'ml, e management, plant managers, department managers, superintendents, salaried supervisors who are members of management. I. Professionals and Technicians: Professionals are considered to be persons wor tng to occupat ons requiring either college graduation or experience of such kind and amount as to provide a comparable background. 3. Technicians: Technicians are those whose work requires a combination of basic sc a tific knowledge and manual skill which can be obtained through about two years of post high school education, such as is offered in many technical schools and junior colleges, or through equivalent on-the -job training. 4. Office and Clerical: All clerical-type work regardless of the level of d tcu ty, where the activities are predominantly non - manual, though some manual work not directly involved with altering or transporting the products is included. Includes: bookkeepers, cashiers, collectors, messengers, office helper, office machines operator, shipping and receiving clerk, stenographers, typists, secretary, telephone operators. . 5. Skilled Crafts: Manual workers of a relatively high skill level, having a thorough and knowledge of the processes involved in their work. They exercise considerable independent judgment and usually receive an extensive period of training. Includes: building trades, hourly paid foremen and leadmen. who are not members of management, mechanics and repairmen, skilled machinery occupations, electricians. 6. Sales Workers: Occupations engaged wholly or primarily in direct selling. nc udes- advertising agents and sales agents, insurance agents and brokers, real estate agents and brokers, sales agents and sales clerks, grocery clerks, cashier-checkers. 7. Operatives (Semi-skil1gj: Workers who operate machine or processing equipment br per orm other factory-type duties of an intermediate skill level .which can be mastered in a few weeks and require only limited training. Includes: apprentices, operatives, attendants, delivery and route drivers, truck and tractor drivers, dressmakers, weavers, welders. 8. Laborers (Unskilled): Workers in manual occupations which generally require no special training. They perform elementary duties which may be learned in a few days and which require the application of little or no independent judgment. Includes: garage laborers, car washers, gardeners, lumber workers, laborers performing lifting, digging, mixing, loading and pulling operations. 9. Service Workers: Workers in both protective and non - protective service occupat— ions. — Includes: attendants, clean -up workers, janitors, guards, waiters and waitresses. 10. Apprentice: Persons employed in a program including work training and related instruction to learn a 'trade or craft which is traditionally an apprenticeship, regardless of whether the program is registered with a Federal or State agency. 8 R ..Fn 11. Trainees (On-the-job): Production... persons engaged,,ip „fiorrma�1 r .niin, or c.at?tsperson when not trained under apprentice pr Will' r7 laborer, and service occupations. MINORITY GROUP IDENTIFICATION lOVVA (.II1; I(AVA American Indian or Alaskan Native: all persons having origins in any of th, original peoples of North America and who maintain cultural identificatio through tribal affiliation or community recognition. Asian and Pacific Islanders: all persons having origin in any of the origina peoples of the Far East, Southwest Africa, the Indian Subcontinent, or th, Pacific Islands. Black: all people having origins in any of the Black African racial groups no ofWspanic origin. Caucasian: (Not of Hispanic origin), includes persons having origins in any o theme i al peoples of Europe, North Africa, or the Middle East. His2anic: all persons of -Mexican, Puerto Rican, Cuban, South or Centra American, or other Spanish Culture or origin, regardless of race. These definitions and identifications should be retained for future use. 0 FILFn SECTION III - SUGGESTED STEPS TO ASSURE AFFIRMATIVfiXd t_0 -2 All II: OS 1. COMPANY POLICY 1 I Determine your company's policy regarding equal) emO oS"r,Vrvt Q-wA affirmative action. Write this policy out 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. This responsibility should include: - correcting any and all discriminatory practices and conditions which presently exist - taking appropriate remedial actions to correct past inequities - taking a results - oriented approach, in other words, affirming the policy through actual minority and female hires and by maintaining a "single standard" principle in your unit so that employees are evaluated, recognized, developed and rewarded on a fair and equitable basis. In regards to dissemination of this policy, this can be done through the use of. letters to all recruitment sources and subcontractors, personal contacts, and employee meetings. 2. EQUAL EMPLOYMENT OPPORTUNITY OFFICER Designate an equal employment opportunity officer or at minimum someone should be given the responsibility of administering and promoting your company's affirmative action program.. This person should be placed within your organizational structure so as to emphasize the importance of the program. 3. INSTRUCT STAFF Your company personnel staff should be aware of and required to abide by your affirmative action program. All employees authorized to hire, supervise, promote and discharge employees or recommend or are involved in such actions should be trained and made to comply with your policy and the current equal employment opportunity laws. 4. RECRUITMENT (A) Let potential employees know you are an equal employment opportunity employer. This can be done by identifying yourself on all recruitment advertising as "an equal employment opportunity employer ". (B) Use recruitment sources that are likely to yield minority and female group applicants. Word-of -mouth recruitment will only Fig_ -r0 10 ?t10111�d - 2 perpetuate the current composition of your workforce. Recruitment sources that fail to send minorities and females should be evaluated for continued use. Send all recruitment III sources a letter annually which reaffirms your commitment to equal employment opportunity and requests their assistance in helping you hire minorities and females. (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 affirmative action goals. (E) Periodically review job descriptions to make sure they actually reflect major job functions and do not require higher qualifications. (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 competence for performing the job applied for ?" (G) Only use job- related tests which do not adversely affect any particular group of people. (H) Carefully monitor interviews and interviewees' actions. Biased and subjective judgments in personal interviews can be a major source of discrimination. 5. APPRENTICESHIP AND OTHER TRAINING Where applicable, you should assure that full use will be made of any existing labor /management sponsored programs designed for the purposes of recruiting and training minority and female applicants and employees. 6. MONITOR ALL POLICIES AND PRACTICES In order to assure your policy is effective, at least twice per year a review of the following should occur: - APPLICANT FLOW - a record for each applicant, indicating the person's name, race, sex, referral source, date of application, position applied for, and disposition (hired or not hired) -0 -HIRES by race, sex, department, job title and starting salary - PROMOTIONS and TRANSFERS by race and sex -DISCHARGE and TERMINATIONS by race, sex, reason for discharge and termination. Review of the above information will allow you to determine discrepancies that exist, if any, within your work place. Such discrepancies could include different starting salaries for men and women doing similar jobs, inconsistent and arbitrary discharges or FILED 11 2001NOY -2 `44motions and transfers. Furthermore, a review of this information could indicate a need to either seek additional or new recruitment CI-I`( (;j_ERr\ sources to obtain a wider selection of applicants. IOWA CIlY, 10WA NOTE: Forms for monitoring practices and policies are available upon request from the City's Civil Rights Specialist SET GOALS Once the policy has been determined, and the practices are monitored accordingly to determine actual results, goals may need to be set if your workforce still falls short of having a representative number of minorities and females relative to their availability in the community. Goals to hire or promote minorities and females should be set once per year and these goals should be communicated to the appropriate employees. Increasing and /or improving your minority and female workforce representation can also occur through improved hiring and selection procedures, which have already been discussed, and through non - biased promotion, transfer and training policies. In regards to the latter three, 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 employees to bid on them. 12 ri�_Fn SECTION IV - DEFINITIONS ... "()V-2 -2 Afl II. 07 The definitions typed in all capital letters refer dirq�tfyNf.6 ;t11 j.ff( City's contract compliance program. The other definitibh, /4n;jfgrlOV�q your own information. AA: Affirmative Action AAP: Affirmative Action Program - an active, planned effort to bring more minorities and women into the organization at all levels through non- discriminatory hiring and promotions, and to apply the same benefits and opportunities to all workers. The affirmative action program is the practical action taken to implement the equal employment policy. ADVERSE IMPACT: A company may have a policy which, although applied neutrally, has a negative or adverse impact upon a particular group of employees. An example would be a minimum height requirement that is not job-related and could possibly eliminate a high percentage of Orientals and women. APPLICANT FOR EMPLOYMENT: A person who completes a formal application form, or by some other means (resume, letter, request, etc.) indicates a specific desire to be considered for employment. An APPLICANT LOG should record requests for employment made in person whether or not an application form is completed. APPLICANT FLOW DATA OR APPLICANT LOG: A numerical compilation of employment applicants showing the specific numbers of each racial, ethnic and sex group, who applies for each job title (or group of job titles requiring similar qualifications) during a specified time. AVAILABILITY: The percentage of minorities or women who have the skills required for entry into a specific job or classification, or who are capable of acquiring the required skills. BFOQ -Bona Fide Occupational Qualifications: The law allows employers to hire or promote by sex in rare cases where a worker of a certain sex is really needed for the job. This is interpreted narrowly, to mean that sex - related anatomy is required - for instance, it is legal to hire a man if you need a bass singer or a male model; a woman if you need a soprano or a model for women's clothes. It is not legal to specify a man for so- called "heavy" work; if it can be proved that there is no woman who can do the work; BFOQ may exist. The problem with the BFOQ is that employers may be trapped by stereotyped thinking into a belief that a job can only be done by one sex when that is not necessarily true - and the employer is then vulnerable to discrimination complaints. It is safer to test the capacity of individual applicants, regardless of sex, making 13 AL.FD sure -that you test only for the qualities required by the jab'�larid' riot? Afl1I: 07 for more strength (or whatever) than is actually required. C1 I Y BLACK: 100/rA C �/ IOVVq The preferred term for people of Afro-American heritage. The term is) a philosophy of life that indicates pride in the African heritage and culture, unlike the more outdated and sometimes derogatory terms "Negro" or "colored person." BUSINESS NECESSITY: A term sometimes used by employers who argue that sex is a BFOQ for a given job. Title VII gives "business necessity" to the BFOQ by saying, in Section 703(e): "It shall not be an unlawful employment practice for an employer to hire... classify... or employ any individual... on the basis of his religion, sex, or national origin in those certain instances where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise." This is narrowly interpreted. For instance, one airline claimed flight attendants or stewardesses had to be women because a survey showed that passengers wanted comforting and friendliness from stewardesses, and women were better constituted than men to be comforting and friendly. The Court said this was not a business necessity. The airline was in business to transport people safely from one place to another. The flight attendant's job was not connected with the airline's major function and the "business necessity" arguments could not be used. Even if the flight attendants were all male and all surly, the airline could carry on its normal operation of.safe transport. CHICANO: A male Mexican-American. The female is called "Chicana." Both are included in the larger group known as SSA's, or Spanish - surnamed Americans. CIVIL RIGHTS ACT OF 1964: Overall, the Act outlaws discrimination against women and minorities in employment, voting, public accommodations, public education, the use of public facilities, etc. This is a Federal act passed by the U.S. Congress. For affirmative action purposes, the point of interest is Title VII of the Act, which prohibits discrimination in employment and creates the federal Equal Employment Opportunity Commission (EEOC) for enforcement purposes. Title VII was amended in 1972 to broaden the number of private employers. In addition, the EEO Act included state and local governments and political subdivisions under Title VII coverage, prohibited discrimination in Federal employment with enforcement given to the U.S. Civil Service Commission, and created a central coordinating body between all antidiscrimination enforcement agencies. 14 COMPLIANCE: As used in this document, compliance refers to which are in line with the Iowa City requirements.. These requirements are indicated CONFIDENTIALITY: "rf tt, l,I employment pr`a�ti'c�e's-? Ah 11: 07 Contract Compliance on pages 1-5. CI, j IOWA CIl Y IOUVA Information or reports obtained by or submitted to the Civil Rights Specialist in the course of monitoring the City of Iowa City Contract Compliance Program will not be disclosed to the public when such disclosure would serve no public purpose and would give advantage to competitors of the contractor from whom the report has been received; however, such information may be disclosed to a governmental agency conducting an investigation involving alleged illegal discriminatory practices and the contractor or parties charged in accordance with the Iowa City ordinance pertaining to Human Rights. CONTRACTING DEPARTMENT: The City of Iowa City department that is handling the particular contract. DEPARTMENTAL SENIORITY: In some companies, disadvantaged workers have traditionally been isolated in a few departments where jobs were poorly paid and promotional opportunities were nonexistent. The only way out was to transfer to another department, but some companies and unions specified as part of their collective bargaining agreements that workers who transferred could not carry their accrued seniority into the new departments. Instead, they had to begin as if they were newly hired workers. Disadvantaged groups have challenged policies of departmental seniority, saying the policies tend to lock them into the old departments and minimize their opportunity. Courts have generally agreed with the complaining workers. Furthermore, if the employer's intent is not discriminatory but the effect of the system is discriminatory; and if the employer is so notified but does not change the seniority system, the EEOC will deduce that the employer intended to discriminate. Antidiscrimination agencies and disadvantaged workers prefer plantwide seniority, which allows workers to maintain the seniority they have earned from the date of hire if they transfer to new departments. DISCRIMINATION: Illegal treatment of a person or group whether intentional or unintentional based on race, color, sex, age, nation — igin, religion, ed, marital status, sexual preference or disability. The term also includes the failure to remedy the effects of past discrimination. DISPARATE TREATMENT: Unequal or dissimilar treatment of employees similarly situated because of their race, sex, age, or other impermissable basis. 15 EEO F11-.FD 2-01 MOV -2 All 11: 07 A general term meaning "equal employment opportunity." GHY G_ f_EFif< EEOC: IoWiA ('ICY I()'NA The Equal Employment Opportunity Commission, a federal agency created by Title VII to enforce the Civil Rights Act of 1964. It also enforces the amendments passed in the EEO Act of 1972. The EEOC does not perform routine compliance reviews. Generally, it acts only when a complaint is filed against an employer by an aggrieved job applicant, employee, group of employees, or organization authorized to represent aggrieved employees. EEO-1 FORM: A form which must be filled employees and sent to the many minorities and women professionals; technicians workers; skilled craftsmen; service workers. out by EEOC on they sales private employers with 1 ce a year. Emp oyers have as officials and personnel; office and semi: skilled operatives; 00 or more report how managers; clerical laborers; EEO-2 FORM: Corresponding form on apprentices in each trade or craft, broken out by race and sex. This report must be filled out annually by joint labor - management appren ticeshi committees which have five or more apprentices, at least one supporting employer with more than 25 employees and at least one union sponsor with 25 or more members or a union hiring hall. EEO -3 FORM: The same as EEO-2, but filled out each year by local unions. EXECUTIVE ORDER 11246: Issued by President Johnson in 1965. It says employers with government contracts or subcontracts may not discriminate on the basis of race, color, religion or national origin. Sex was omitted in this order, but added by Executive Order. 11375. Therefore, many people refer to this order as "Executive Order 11246 as amended." GOAL: A target number or percent promoted or transferred to on pages 7 and 8) within usually computed by the disadvantaged workers in the of wom various i given number labor a en and minorities to b job classifications (as period of time. The n of available and q rea. e hired, defined umber is ualified A "goal" should not be confused with a "quota." A quota is a ceiling figure designed to require hiring a certain number of a particular group to the exclusion of others. "We will take up to 10% women in this job category but no more." A goal is a floor, a minimum number of people to be included in -- e.g., "we will take at least 10% women in this job category." A quota may be designed to keep things basically as they were, including only token numbers of the "others ". A quota may or may not be appropriate under law, depending on whether past discrimination existed. A goal is designed to alter the status 16 quo over time. Setting and achieving goals turns a co4ghyfV equaAl III : 07 employment opportunity statement into a reality. chy CLERK GOOD FAITH EFFORT: IY IOW/\ Employers sometimes say they have made a good fait Oie�it�to t in affirmative action but "we could not find any qualified... ". Courts tend to look carefully at this defense on the basis that regardless of intent, if workers have been hurt the law must make them whole. Accordingly, good faith efforts should be made in all areas of employment including but not limited to: a. employment advertisements b. internal and external dissemination of the company's EEO policy and affirmative action program C. designation of a company EEO officer d. development of and implementation of non - biased employment practices (hires, promotions, transfers, discharges, employee benefits, etc.). Employers must keep a written record of such actions in order to show good faith effort. NOTE - For more detailed information please discuss this with the City's Civil Rights Specialist. JOB-RELATED QUALIFICATIONS If an employer says a High School degree is needed for the job, it must be true. The employer may have to prove that it is impossible for the large majority of workers to do the job adequately without a High School degree. At one time, employers often required higher skills than necessary'in a conscious effort to keep out disadvantaged applicants; others required the higher skills without discriminatory intent but the result was the same. The new emphasis an job-related qualifications makes room for employers to demand the skills they do require, but forbids the old, unnecessary escalation. MINORITIES: All persons classified as American'Indian, Alaskan Native, Asian or Pacific Islander, Black or Hispanic. NEW HIRE: A worker added to an establishment's payroll for the first time. OFCCP: The Office of Federal Contract Compliance Programs, U.S. Department of Labor. It is responsible for enforcing Executive Order 11246 as amended. OLD BOY NETWORK: Slang term which refers to hiring by word of mouth, which used to be the way the good job openings were known only by white males. Therefore it was only white males who got them. The word "old" in this usage does not refer to age, but to long acquaintances. Affirmative action tries to weaken the exclusionary effect of the 17 network by requiring employers tc women's organizations and media, hiring and promotion of minorities FIi_FD actively recruit i;.jF0JP9,Pt, V,011: 07 and by requiring goals for the and women. PROTECTED CLASS CATEGORIES: Those groups of people protected by the laws ago In Iowa City, the protected categories are: religion, sex, age, national origin, disability, sexual preference. The latter two categories ar e area of housing. (Sexual harassment has been discriminatory practice affecting both males and CI iY CLLRK IOWA CITY IOWA inst discrimination. race, color, creed, marital status and not included in the determined to be a females.) RECOMMENDATION FOR COMPLIANCE: The recommendation made by the Civil Rights Specialist to the appropriate persons certifying that a contractor has satisfactorily completed all bid conditions, as specified by the City of Iowa City Contract Compliance Program. RECRUITMENT: A search for job applicants. Help wanted ads and contacting employment agencies are typical recruitment steps. REHIRE: To return a worker to the payroll after a complete break in service. REMEDIAL ACTION: Actions undertaken by an employer to remedy the effects of past discrimination. Often it is affirmative action but in more stringent doses. For instances, if black workers are 25% of the workforce in a contractor's labor area, affirmative action might require that the contractor hire 25% black workers. Remedial action might be to hire 50% black workers until the contractor is at parity, or 25% black workers in all job categories. REQUISITE SKILLS: Those skills that make a person eligible for consideration for employment in a job. REVISED ORDER: Guidelines issued by the OFCCP outlining what employers must do to comply with Executive Order 11246 as amended. REVISED ORDER 14: Internal guidelines issued by the OFCCP which instruct their own compliance officers in conducting a compliance review. The order also outlines what documents employers must make available to the government's compliance officer. SELECTION: The hiring process which comes after recruitment and interviews. In this step the employer decides who will get the job. W H -FT) SSA: . 20D 110Y -2 AN II: 07 Spanish-surnamed American. SYSTEMATIC DISCRIMINATION: CITY CLER One or more practices which have many discriminASWoiO4-Wfi$`VAO that an entire organization screens out disadvantaged workers in the end. An example would be department seniority, described on page 14. TIMETABLES: A time frame within which an employer tries to reach the established affirmative action goals. UNDERUTILIZATION: Employment of members of a race, ethnic or sex group in a job or job group at a rate below their availability within the company's recruitment area. Depending on the job, recruitment area may be local, regional or national. VALIDATION: Process of determining whether tests given for employment in a certain job actually predict good or bad performance on the job. (See "Job- Related Qualifications" on page 16.) Validation is designed to eliminate false criteria which screen out disadvantaged groups. At the same time, validation protects the employer's right to hire only those workers who are qualified. The validation is ordinarily done by an independent organization with expertise in that area. WORD-OF-MOUTH ADVERTISING: Similar to Old Boy Network. Employers run the risk of perpetuating the effects of past discriminatory practices if they maintain a word - of-mouth recruitment policy. Since this policy relies upon current employees informing friends and relatives of vacancies, and since past discrimination often has substantially restricted minority group representation in an employer's workforce, it follows that non - minorities will be included in the flow of information regarding job openings at a higher rate than minorities. Such discrimination may also result from word- of-mouth recruiting, as where information about job openings is disseminated by male department heads limiting the likelihood that females will be apprised of employment opportunities. R'scs''od & Apnroyed B e Legal DL�4rhnenf SAMPLE: EQUAL EMPLOYMENT OPPORTUN1W- --[P&ICY '1.001 110V -2 AM 11: 07 To all employees of CITY CLERK IOWA Cis IOWA This Company and its employees shall not discriminate against any employee or applicant for employment based on his or her age, color, creed, disability, gender identity, marital status, race, religion, sex, or sexual orientation. The anti - discrimination policy extends to decisions involving hiring, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff ortermination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre- apprenticeship and/or on the job training. Further, this Company and its employees will provide a working environment free from such discrimination. All employees are encouraged to refer minority and women applicants and applicants with disabilities for employment. The Equal Employment Opportunity Officer for the is: Name: Address: Telephone Number: NOTE: This is a SAMPLE ONLY. You may wish to confer with your EEO officer or legal counsel to formulate a policy which specifically meets the needs of your company. rr,grlasslbeopoky FILED 2001 NOY -2 AN 110 07 PART III —TECHNICAL SPECIFICATIONS CITY CLERK IOWA CITY IOWA Retainage shall be 5% of the construction cost as limited by Iowa Code, Section 573.12, Subparagraph [1]. h is a ssl\s pecsd iv. doc FILED 2001 NOV -2 AM 11: 08 CITY CLERK IOWA CITY IOWA Prod Specifications v r Iowa City Hous"dng &Ldh r"K f Housing Vroo et—. New Three Bedroom , in iu.- Faimfly Dwelling 1812 B Street Iowa City, Iowa General Specifications for Lot 6, Block 39 East Iowa Ctiy 1320 B Street Iowa City, Iowa GENERAL REQUIREMENTS A. General FILED 2001 QV -2 AH I1: 08 CITY CLERK IOWA CITY IOWA These specifications are the "Streamline" type and, therefore, omission of many such words as "the Contractor shall; the; a; according to the plans; all; etc." is intentional. In all cases, however, omitted words shall be supplied by inference when interpreting any instructions or directions in the specifications. All materials and equipment shown or specified on the plans or in the specifications, or required to complete the project ready for operation shall be provided and securely installed in place by the Contractor. Provision and installation of materials and equipment shall include everything required for perfect performance, regardless of omission of specific reference on the plans or in the specifications: Materials and equipment in the project shall be new. Workmanship shall be first class. The plans and specifications are basic, and they are presumably correct and complete. Any ambiguity, error or omission which may develop as a result of the requirements of the particular project shall be brought to the attention of, and corrected with the approval of the owner. The Contractor shall comply with all applicable laws of the City of Iowa City and shall be responsible for payment of fees for any permits and licenses required. The building and all related permit fees will be waived by the City. In the event of a conflict between various codes and manuals, the more stringent requirements shall be followed. The project shall be completed by May 20, 2002. B. Contractor's Responsibility Contractor is expected to provide and pay for: a. All labor, materials and equipment. b. Tools, construction equipment and machinery. C. Other facilities and services necessary for proper execution and completion of work. d. Legally required sales, consumer and use taxes. e. Permits, Government Fees and Licenses. 2. Contractor is required to give all required notices, comply with codes, ordinances, rules, regulations, orders and other legal, requirements of public authorities that bear on- performance of this work. 3. Contractor is to promptly submit written notice to the owner of observed variance of Contract Documents from legal requirements. - FILED 4. Contractor is to enforce strict discipline and good order among employees. Contractor is not to employ unfit and unskilled persons for the ?w 1101 - 2 AID I1: 08 assigned tasks. QjTY CLU 1\1 Neither the Contractor nor his /her subcontractors shall employ any ONA Uly,, �()VVA persons whose physical or mental condition is such that his /her employment will endanger the health and safety of himself /herself or others employed on the project. The Contractor shall not commit any of the following employment practices and agrees to include the following clauses in any subcontracts: 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 J ob performance of such person or employee. 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. 5. It is deemed that each Contractor shall have acquainted himself /herself with the site and conditions under which construction is to be carried on in accordance with the plans and specifications. The Contractor will be held responsible for damage to new or existing work or property caused by improper execution of work or failure to take necessary precautions to prevent damage, and he /she shall repair or replace such damage to the satisfaction of the owner. C. Insurance Certificate of Insurance; Cancellation or Modification: a. Before commencing work, the Contractor shall submit to the Owner for approval a Certificate of. Insurance, meeting the requirements specified herein, to be in effect for the full contract period. b. The Contractor shall notify the Owner in writing at least thirty (30) calendar days prior to any change or cancellation of said policy or policies. G. Cancellation or modification of said policy or policies shall be considered just cause for the Owner to immediately cancel the contract and /or to halt work on the contract, and to withhold payment for any work performed on the contract. 2. Minimum Coverage: a. Any policies or policies of insurance purchased by the Contractor to satisfy his /her responsibilities under this contract shall include FLED contractual liability coverage, and shall be in the following type and minimum amounts: ?.001 t,CY -2 AM I1 08 Type of Coverage Class II (1) Comprehensive General Each CITY IOWA `1 1 CLERK Liability Occurrence Aggregate (a) Bodily Injury $500,000 $1,000,000 (b) Property Damage 250,000 (2) Motor Vehicle Liability & Property Damage Per Per Insurance: Person Accident (a) Bodily Injury $500,000 $1,000,000 (b) Property Damage 250,000 (3) Workers' Compensation Insurance as required by Chapter 85, Code of Iowa. 3. In addition, the Contractor shall be required to comply with the following provisions with respect to insurance coverage: a. The entire amount of Contractor's liability insurance policy coverage limits, identified in the policy and on the Certificate of Insurance, must, under the policy, be available to pay damages for which the insured Contractor becomes liable, or for which the insured assumes liability under the indemnity agreement, 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. b. The entire amount of the Contractor's liability insurance policy coverage limits shall be payable by the Contractor's insurer, with no deductible to be paid by, or self- insured retention to be attributed to, the Contractor unless this requirement is waived by the Owner. Contractor's Certificate of Insurance must- set forth the nature and amount of any such deductible or self- insured retention. C. 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. d. The Owner prefers that Contractor provide it with "occurrence form" liability insurance coverages. If Contractor can only provide "claims- made" insurance coverages, then the Contractor must comply with the following requirements: (1) If the Contractor changes insurance carriers, or if Contractor's insurance coverage is cancelled, during the contract'period or within two years after completion of the FILED agrees and Owner's acceptance of the work, Contractor agrees to immediately notify the Owner of such event. 2001 +OV -2 Ali I1: 08 (2) If Contractor's insurance is cancelled or is allowed to lapse during said period, Contractor shall be required to obtain CITY ( %LLRK replacement insurance coverage to fulfill its obligation IOWA 01y, IOWA hereunder. (3) If, during said period, Contractor involuntarily changes insurance carriers, or is required to obtain replacement coverage from another carrier, Contractor shall either purchase "tail" coverage from its first carrier effective for a minimum of two years after inception thereof, or (2) purchase "prior acts" insurance coverage from its new carrier, covering prior acts occurring during the period of this Contract from and after its inception. (4) "Tail" or "prior acts" coverages so provided shall have the same coverages, with the same limits, as the insurance specified in this Contract, and shall not be subject to any further limitations or exclusions, or have a higher deductible or self- insured retention than the insurance which it replaces. (5) The Owner reserves the right to waive any of the insurance requirements herein provided. The 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. (6) In the event that any of the policies of insurance or insurance coverages 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 loses exhaust the aggregate limits of Contractor's liability insurance, the 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. 4. Hold Harmless; Endorsement Required: a. The Contractor shall indemnify, defend and hold .harmless the Owner, the City of Iowa City, and its officers, employees, and agents from any and all liability, loss, cost, damage, and expense (including reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of any claims, actions, or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operations under this Contract, whether such operations be by FRED D himself or herself or by any Subcontractor or by anyone directly or indirectly employed by either of them. 2001 F10y -2 AM It: 08b. The Contractor is not, and shall not be deemed to be, and agent CI l ( CLERK 'n������ or employee of the City of Iowa City, Iowa. IOWA P1Y_ , Cb 4ationandCoordination The Contractor shall cooperate with the Owner, Owner's Representative, and other contractors, if any, to ensure rapid and accurate completion of the work, and he /she shall assist the Owner in coordination. E. Temporary Facilities 1. The Contractor shall maintain any office, storage facilities, or protection required by his operators. 2. Temporary facilities and products shall conform to the codes, ordinances, and requirements of all regulatory agencies having jurisdiction over the project. Agencies included, but not limited to: a. O.S.H.A. b. State of Iowa C. City or Municipality of project d. Uniform Building code - most current edition 3. Contractors shall consult with utility companies and include in their bid any costs for connection, extensions, relocations, installation, and removal of any temporary facilities, such as sewer, water, gas, electrical, telephone, cable TV, etc. 4. Access to the site shall be coordinated with the Owner. 5. Contractor shall protect existing facilities and repair any damages to the satisfaction of the Owner. 6. Contractor will provide electric power, water and phone for the duration of the project. 7. Contractor shall provide temporary heat if required. Contractor shall provide stoves, salamanders, furnaces, or Herman Nelsons" with self contained fuel supplies to maintain temperatures required during cold weather. During concrete and masonry work, temperatures above +32° F shall be maintained in enclosures. Temperatures shall be elevated for sheet rocking and painting to material manufacturer's recommendations and maintained thereafter. Temporary heat shall cease when permanently installed hearing units are useable. 8. Contractor shall provide his own on -site portable toilet or otherwise comply with O.S.H.A. regulations. F. Substitutions H- ED 1. Contractor shall prepare base bid with the intent of furnishing materials and equipment as specified. If materials or equipment cannot be 2001 NOV -2 Ali II 08 equal performance may substitute materials may be u edUPONWRITTEN APPROVAL OFITHE C(IY CLERK OWNER. IOWA cgY IC`2 A If substitutions are to be made after a construction contract has been approved, the contract shall be amended accordingly by a contract amendment to provide for the change. 3. In making a request for substitution, the supplier /contractor represents: a. Contractor has personally investigated proposed product or method, and determined that it is equal or superior in all respects to that specified. b. Contractor will provide the same guarantee for substitution as for products or method specified. C. Contractor will coordinate installation of accepted substitution into work, making such changes as may be required for work to be completed in all respects. 4. Substitutions will not be considered if: a. Acceptance will require substantial revision of Contract documents. G. Standards Reference made to standards of the American Society of Testing Materials (ASTM), A.G.A., NBFU, Underwriters Laboratories, American Institute of Electrical Engineers, N.E.M.A., and the National Electrical Code, and other similar organizations and publications, refer to specifications of latest revision. All work shall be in strict accordance with Codes and Statutes of the State of Iowa; codes, statutes, ordinances and resolutions of both the city and county;_ and other local codes as applicable. Additionally, all work shall meet the requirements of the local gas and electric utilities, and the Owner's insurance companies. Should any work on drawings or herein be contrary to above, the work shall be executed in accordance with said ordinances, statutes, code and requirements, but not until the points in question have been referred to the Owner for approval. H. Proiect Close Out When the Contractor considers the project complete and in acceptable operating condition, he /she shall notify the Owner. The Owner shall then make the final inspection and tests to determine that to the best of his /her knowledge, the project is complete and erected in accordance with the Contract, including any amendments thereto. Should the Owner consider the work not complete, he /she shall immediately notify the Contractor. The Contractor shall then complete incomplete areas and notify owner. Owner shall then re- inspect facilities. J. IN L. 2. Contractor shall provide the following Close Out Submittals:) t -� a. Operation and maintenance data. ZOOI NOV -2 AM 11: 08 b. Guarantees, warranties and bonds. CITY CLERK c. Certificates of Inspection. d. Contractor's affidavit of payment of debts a4WiAn_SJ1 Y IOWA e. Contractor's affidavit of release of liens. f. Separate waivers of liens for subcontractors, suppliers, and others with lien rights against property of Owners, together with list of those parties. a. Iowa St -172 Sales Tax Form for Owner's use. Cleaning 1. Maintain premises and public properties free from accumulations of waste, debris, and rubbish caused by operations. 2. At completion of work, remove waste materials, rubbish, tools, equipment, machinery and surplus materials, and clean all sight- exposed surfaces. Leave project clean and ready for occupancy. 3. Contractor shall obtain necessary permits, if required, from City and /or County for disposal of construction wastes and debris. Disposal shall be in lawful facilities. Safety Requirements Construction and clean -up must meet all pursuant to Public Law 91 -596 (29 U.S.C. Act of 1970 ". Cutting and Patching requirements of the Standards issued 65), "Occupational Safety and Health Contractor shall perform all cutting and patching (also excavation and backfill) required due to obstructive existing conditions, ill timed or poorly executed work, and testing or inspection requirements. Contractor shall restore all patched surfaces to their original or to better condition and shall make adequate provision for the protection of all surrounding work and provide for adequate public safety. Patched areas shall match existing adjacent areas in appearance. Contractor shall not cut structural members without prior written approval of the Owner. Contract Compliance Program For all contracts and subcontracts of $25,000 or more, the Contractor and all affected subcontractors shall abide by the requirements of the; City's Contract Compliance Program, which is included with these specifications. M. Working Days Except for such work as may be required to properly mairttai kig[tg and barricades, no work will be permitted on Sundays or legal roi ally yithout specific permission of the Owner. 2001 NOY -2 All III 08 N. Work During an Emergency CI iY CLERK The Contractor shall perform any work and shall furnish ark a Wy Is and equipment necessary during an emergency endangering life or pPop' e In all cases he /she shall notify the Owner of the emergency as soon as practicable, but shall not wait for instructions before proceeding to properly protect both life and property. O. Exposing Utilities The Contractor shall expose all utilities at the request of the Owner for purposes of investigation. This work shall be considered incidental to the Contract and no additional compensation shall be granted. If a utility is encountered during construction, the utility shall be protected. If a utility is damaged by the Contractor during construction, the utility shall be repaired by the Contractor at no cost to the City. P. Minor Work Any minor work not specifically mentioned in the Specifications or shown on the plans, but obviously necessary for the proper completion of the work shall be considered as being a part of and included in the Contract and shall be executed in the proper manner and the Contractor shall not be entitled to extra or additional compensation for the same. Q. Release of Claims The Contractor shall deliver to the Owner a complete release of all claims arising out of this Contract before the final pay estimate is paid. If any claim remains unsatisfied after all payments are made, the Contractor shall refund to the Owner such amounts as the Owner may have been compelled to pay to discharge such claims, including all costs and a reasonable attorney's fee. R. Sales Tax The City of Iowa City is exempt from all Federal, State of Iowa and other states' taxes on the purchase of commodities and services used by the City of Iowa City within the State of Iowa. The Purchasing Division shall provide tax exemption certification to out -of -state suppliers as required. Out -of -state taxes imposed on purchases of commodities and /or services that are used within another state are applicable and subject to payment. Contractors shall bill the City Accounting Division, including tax, for contracts pertaining to the alteration, construction or repair of real property. The Contractor shall provide the necessary Iowa Department of Revenue Contractor's Statement (one contractor's statement for each subcontractor). The Accounting Division shall then contact the State of Iowa for tax reimbursement. Contractors and subcontractors shall pay all legally requiRls�)consumer and use taxes on all commodities and /or services purchase or rented to complete their contract. 2001 NOV -2 AM I1: 08 S. Guarantee CITY CLERK Unless otherwise specified, the Contractor shall unc1r WAn@l1> u�r �p�ep tAe the materials and workmanship on all equipment furnished for a minimum period of one (1) year from date of acceptance of the items delivered and installed. If, within the guarantee period, any defects or signs of deterioration are noted which in the Owner's opinion are due to faulty design, installation, workmanship, or materials, the Contractor, upon notification and at his /her expense, shall repair or adjust the equipment or parts to correct the condition or he /she shall replace the part or entire unit to the complete satisfaction of the Owner. These repairs, replacements or adjustments shall be made only at such time as shall be designated by the Owner as least detrimental to the operation of the Owner's business. Regardless of any statement to the contrary, the Contractor agrees that the implied warranty of merchantability and fitness for a specific purpose is not disclaimed. T. Payment Provisions Payment Terms. Payment may be made only after inspection and acceptance by the owner. No partial payments shall be made unless otherwise authorized by the Owner, or unless commodities were constructed, erected, installed or tested on site, in which case, payment shall be made on the basis of a percentage of the value of all work performed less any previous payments. Payment of balances shall be made only after approval and final acceptance of the Owner. 2. Withholding Payment. Consideration for withholding payment shall include faulty materials, equipment, or workmanship, back orders, and liens that have been filed, or evidence indicating a possible filing of claims. In all cases, regulation and limitations imposed by the Federal Government and State of Iowa shall prevail. 3. Invoicing. Following acceptance, payment shall be made within thirty (30) calendar days from receipt of proper invoice. Invoice shall include department name, dollar amount, and any other pertinent information. Submit invoice in duplicate to: Iowa City Housing Authority Attention: Doug Boothroy Civic Center - 410 E. Washington St. Iowa City, Iowa 52240 U. Note - 1. Final colors and manufacturers to be approved by the Owner. 2. All quantities and locations shall be as indicated on the plans. 2. SITEWORK A. Excavation FILED 1. Excavation consists of removal and digsosklbf- bia{ffi�j:egountered when establishing required finish grade elevations. CfY CLERK 2. Material storage: Stockpile satisfactoN()¢axfitd teals where directed, until required for backfill or fii 11.Pllace, grade, and shape stockpiles for proper drainage. Locate and retain soil materials away from edge of excavations. Dispose of excess soil materials and waste materials as herein specified. 3. Cold weather protection: Protect excavation bottoms against freezing when atmospheric temperature is less than 35 °F (1 0C). 4. Over excavation and backfill procedure (if required): a. Where unsuitable bearing material is encountered below design footing level, overexcavate as shown above. b. Minimum depth D =W for continuous footings and minimum depth D =%= W for isolated footings. C. Place fill below footing level in 9 -inch loose lifts. B. Backfill and Fill General: Place acceptable solid material in layers to required subgrade elevations, for each area classification listed below: a. In excavations, use satisfactory excavated or borrow material. b. Under walks and pavements, use subbase material or satisfactory excavated or borrow material, or combination of both. C. Under building slabs, use granular base fill material. d. Around foundation drainage tile, use drainage fill material. 2. Backfill excavations as promptly as work permits, but not until completion of the following: a. Acceptance of construction below finish grade, including, where applicable, damp - proofing and waterproofing is required. b. Inspection, testing, approval, and recording locations of underground utilities. C. Removal of trash and debris. C. Grading 1. Site shall be shaped to rough grade profiles and contours to ensure desired site surface drainage. Final grading, ready to receive sodding. 10 2. Grade areas adjacent to building lines to drain away from sfruLE and to prevent ponding. 2001 NOV -2 All I I : OII 3. Entire lot to be sodded. D. Site Utilities 1. Description CITY CLERK IOWA CITY, IOWA a. This section covers the installation of the following utility service items for utility main lines to the building. 1. Water service. 2. Sanitary sewer service. 3. Electrical and phone service by others. 4. Subsurface drainage system. b. Any items not specifically noted, but reasonably necessary for a complete installation, shall be furnished and installed under this Contract. 2. Codes and Permits Materials and installation shall conform to all state and local codes and regulations governing the trades included in this work. Requirements of these plans or specifications, not conflicting therewith, but exceeding code requirements shall govern. The Contractor shall obtain all necessary permits required for this work. He /she shall also arrange for all inspection, examinations, or approvals required by governing ordinances thereof. Should Contractor fail to coordinate this before backfilling, he /she will open the work for inspection at no additional cost to the Owner. 3. Products a. Water Services 1. All piping and fittings for service (as shown on drawings) shall be Copper Tubing Type "K" deoxidized, ASTM B8871 hard tubing with brass fittings as manufactured by Mueller, American or Revere Brass Company. b. Sanitary Sewer Services Sanitary sewer piping shall be standard strength, vitrified clay sewer tile, cast iron sewer pipe, or rigid PVC Schedule 40 sewer pipe. C. Electric and Telephone Services 1. Electric and telephone service from the main lines to the structure are to be coordinated with the relevant local utilities. The Contractor shall be responsible for contacting representatives of these utilities and coordinating the 11 3 El FI LED installation by the utilities of these permanent services, so L that they are in place at the time of final acceptance of the project. 7001 NOV -2 All I1: 08 EQI I Y VO4rKodyioofmg: 4" perimeter ADS drain inside and outside of foundation. IOWA CITY, IOWA ADS connected to sump basket with pump. Sump pump ejection shall terminate at the subsurface drainage system. CONCRETE A. Foundation: 4' and 8' concrete walls 8" thick on an 8 "x16" continuous footing. Alternate: 4' concrete walls 8" thick on 8 "x16" continuous footing. B. Garage Floor: 4" concrete with re -rod 24" on center. Trowel finish. C. Basement Floor: 4" concrete over poly -vapor barrier. Trowel finish. Alternate: Crawl space only — no slab D. Driveway: 4" concrete with re -rod 24" on center entire width of garage. Light broom finish. E. Walks: 4" concrete. Light broom finish. NO WORK 5. NO WORK 6. WOODS & PLASTICS A. Exterior Wall: 2x6 studs, 24" on center with 7/16 OSB sheathing, TYVEK house wrap, vinyl lap siding. Provide additional blocking for future grab bars per drawings. B. Interior Walls: 2x4 studs, 16" on center. Provide additional blocking for future grab bars per drawings C. Roof System: Pre - engineered roof trusses or "I" joists 24" on center as noted on plans with 15/32" OSB sheathing. D. Floor System: No. 2 Douglas Fir lumber and "I" joist at 16" on- center as noted on plans with %" tongue and groove subfloor. E. Millwork: 1. Lumber shall be sound and dry, selected for compatibility of grain and color and containing no defects that cannot be concealed by finishing methods for stained transparent finish. 2. Scribing and joining shall accomplish hair -line joints. Finish trim corners shall be mitered, trim other than finish may be butted. 12 3. Pre - finished wood baseboard to match interior doors, framFjtn. ing shall be nominal 3" high. 2001 NOtV -2 AN I i r 08 F. Cabinetwork: GITY CLERK 1. Grade: IOWA CITY IOWA a. All cabinets shall bear the label of an independent inspection agency that maintains continuous control over the testing and inspection of the cabinet. The label shall identify the manufacturer's name or symbol and indicate compliance with the applicable standards. 2. Species: a. Exposed members shall be oak or birch with veneered portions plain sliced. 3. Hardware: a. The cabinet manufacturer shall furnish and install cabinetwork hardware. b. Pulls shall be loop style or similar 4. General: a. Face frames and cabinet doors shall be not less than 3/" thick hardwood. b. Cabinets shall be constructed with horizontal lumber webframes, vertical plywood walls, or panels or lumber faceplates. C. Cabinet bottom shall be minimum '' /2' thick except in sink unit where 114" tempered hardboard may be loose set on web frame for access to service lines. d. Cabinet backs shall be 1/4" minimum thickness plywood or hardboard. In base cabinets where no drawers occur, backs may be made removable from the interior of the cabinet. e. Drawer bottoms shall be 1/4" minimum thickness plywood. f. Drawer sides shall be beveled top edges and plowed bottoms to receive drawer bottom. g. Fixed web frames and shelves shall be joined to ends or vertical dividers with stop.dado. h. Adjustable shelves shall be supported on surface applied shelf standards and brackets. Both edges but not ends of adjustable shelves shall be edged with hardwood. Shelves shall be 5/8" minimum thickness. 13 FILEDi. Countertop assemblies shall consist of plastic laminate over plywood or other approved material. Counters shall be edged with 2001 NOV -2 AIM: 08 wood to match cabinets. Sink cut -outs shall be made by templates provided by sink supplier. Edges of cut -outs shall be permanently CITY Ct EHK sealed to prevent water absorption. Counter top at cook top shall IOWA CITY, IOWA be heat resistant ceramic tile. j. Sink base shall be ADAS APPROACH FOR THE KITHCEN adjustable sink base or approved equivalent. k. Flush type doors shall be %" thick for maximum size 36" wide by 48" high or oak or maple wood. Bases shall be solid oak or maple (matched to cabinet) only, set to provide a toe space 2 -1/4" deep by 4" high above finished flooring material for cabinets. Where similar individual units are assembled together into one integral items, the base may be solid yard lumber securely attached to the floor as a single unit. M. Cabinetwork shall be pre- finished by the manufacturer. Stain colors, wood types and cabinet patterns shall be selected by the Owner from the manufacturer's full palette. (1) Manufacturers: BRAMMER; KITCHENCRAFT, ENCORE, OMEGA, OR APPROVED MANUFACTURER. G. Closet Shelving: Vinyl coated wire shelving in all closets. One adjustable shelf and adjustable height rod in each clothes closet. Five adjustable shelves in each linen and storage closet. 7. THERMAL AND MOISTURE PROTECTION A. Foundation: Hydrocide or other approved material waterproofing applied to exterior concrete walls below grade. B. Building Insulation; Exteriorwalls; 3 %z" R -19 Friction fit batts. House to garage wall; 3'/2' Kraft -faced stapled in place. Basement walls; minimum R -10. Boxsill; 6" R -19 Kraft -faced batts stapled in place Flat lid; 12" blown -in Rockwool R -40. Baffles; placed in every other truss. C. Shingles: 235# Certainteed Sealdon 25 asphalt shingles or approved equal. D. Siding: Double 4" Vinyl siding with aluminum soffits and fiber cement board fascia. E. Exterior trim: Fiber cement board window and door trim, frieze board, band board and corner boards. 14 L•' F. Gutters & Downspouts: Prefinished seamless aluminum. DOORS AND WINDOWS FILED 2001 MY -2 AIM: 08 A. Exterior Doors: Front door shall be a fiberglass insulAV'0001LIJ tO W4 glass - smooth. IOWA CITY IOWA Garage door to house - flush steel insulated door - smooth. Overhead door — 9'x7' steel flat panel with a 1/3 HP operator and two transmitters. B. Wood Doors: 1. All interior doors shall be 1 -3/8" thick hollow core wood doors with oak or birch veneer and wood casing of same species. 2. Pre - finished doors and frames shall be pre -hung. 3. Doors shall be pre- bored, ready to receive door hardware. 4. Finish to be selected by owner. C. Windows: Vinyl casement or basement windows by KOLBE VINYL WINDOWS or an approved equivalent as indicated on the plans with insulated glass and screens. All bedrooms and basement windows must meet egress requirements. D. Finish Hardware: 1. Entrance, privacy and privacy locks are SCHLAGE- GEORGIAN SERIES or an approved equivalent. Deadbolts at all entry doors. 2. All door levers are to be ADA compliant. 3. Pocket doors shall have loop pulls mounted to both faces of door in lieu of standard pocket door pulls. Doors shall be blocked to stop with 2" extension into doorway. 4. Provide TRUTH HARDWARE ADA casement cranks or approved equivalent on all operable windows. 9. FINISHES A. Gypsum Wall Board: Ceilings - 5/8" sheetrock with three coats paint and a Knockdown texture. walls - 1/2' sheetrock with,three coats tape and orange peel texture. Garage - one coat tape. B. Paint and Stain: Interior walls, including interior garage walls, are to be primed and finish coated. Interior window jambs, etc., are to be stained, sealed, and varnished, Entry doors are enamel coated. C. Floor Covering: 15 Carpet FILED Style: CK043 CK043 2001 NOV -2 Ali II : 08 Pile Yarn Content: Spun 100% polyester Yarn Twists per Inch: 5.0 x 4.8 CITY CLERK Fabric Type: Cut pile IOWA CITY, IOWA Fiber Treatment: Mohawk approved polyester Gauge: 1/8 C Pile Height: .440 Stitches per Inch: 8.83 Finished Pile Weight: 39.50 oz. Total Weight: 71.00 oz. Density: 3232 Dye Method: Beck Primary Backing: Woven polypropylene Secondary Backing: Woven polypropylene FHA Information: MEA # 45694 Type:I Class:1 Type: 11 Class:1 Texture: F Performance Appearance Retention (PAR) Rating: 3.50 Indoor Air Quality #: 13427678 Flammability: Pill Test - 16CFR -1 630.4 (FF -1 -70): Pass a. MOHAWK INDUSTRIES, INC. b. Approved equal. 2. Sheet Vinyl Flooring: a. Colors and patterns: as selected by Owner from manufacturer's standards. b. Sheet vinyl flooring shall be residential grade with 0.060" minimum thickness. - C. Pattern and color shall extend through full thickness, complying with FS L -F -475, Type II. d. Sheet vinyl shall be slip resistant. e. Manufacturers: ARMSTRONG, CONGOLEUM, TARKETT, or. approved equal. 3.. Adhesives (Cements); Waterproof, stabilized type as recommended by flooring manufacturer to suit material and substrate conditions. 4. Leveling Compound: Latex type as recommended by flooring manufacturer. 16 10. SPECIALTIES FILED A. Toilet And Bath Accessories C 2001 Pa07 —2 Aft l l : 08 1. Grab bars: Vinyl, ADA compliant grab bars by HEWI or approved equivalent. Grab bars shall be screw mounted into wc@#1`0tL0p - TK blocking and mounted 33 " -36" from center line to finishe. �fv ®Wq grab bars at toilets, shower and tub /shower. 2. Toilet paper holder: Vinyl, by HEW[ or approved equivalent. Surface mount with screws on adjacent vanity base cabinet or wall mount. 3. Mirror: Provide 24' x 48" mirrors at bathroom vanities. Install chrome - plated channel to support mirror along top and bottom edges. 4. Recessed medicine cabinet: mount no higher than 48" from base of cabinet to floor. 5. Hand shower holder bar: Vinyl, by HEWI or approved equivalent. 6. Provide scald protection panel at vanities. 11. EQUIPMENT A. Appliances: 1. Wall Oven: Side -open wall oven by FRIGIDAIRE MODEL FE8702CE open from right 2. Cooktop: 30" electric cooktop with glass ceramic surface and controls located at front of unit. a. GE b. Amana /Maytag C. Frigidaire d. Whirlpool e. Approved equivalent 3. Range Hood: 30" ventilating type hood for mounting below wall cabinets, with 2 -speed fan, permanent washable filter, built -in lighting, baked -on enamel finish, rated at 160 cfm, minimum. a. GE b. Amana /Maytag C. Frigidaire d. Whirlpool e. Approved equivalent 4. `Refrigerator /Freezer: Free - standing, side -by -side two door unit; automatic (self) defrosting freezer, separate refrigerator and freezer temperature controls; storage features including adjustable slide -out shelves, door shelves and in -door water and ice dispenser. Minimum capacity values, measured according to ANSI B 38.1 and certified by ARAM, for refrigerator volume is 18 cubic feet, with 25.0 square feet of total shelf area. - a. GE WA b. Amana /Maytag FILED C. Frigidaire d. Whirlpool 2001 NOY -2 All 11: 08 e. Approved equivalent 5. *Dishwasher: Standard size built -it five -cycle dishwas ePWI ii 60181 d pans cycle and temperature boost. Door shall be �e11 �p VviA levers. a. GE b. Amana /Maytag G. Frigidaire d. Whirlpool e. Approved equivalent * Shall have highest Efficiency Rating provided by the manufacturer and must be approved by the Owner. 12. NO WORK 13. NO WORK 14. NO WORK iF�7��P[31i� A. Fixtures: Tub /shower: Fiberglass (white) with ADA compliant grab bars, waste and overflow drain. Ceramic tile roll -in shower with recessed floor or approved curbless fiberglass unit (white). Shower heads: Hand -held with adjustable holder bar and 60" hose Bath /shower faucet: pressure balanced with scald protection, ADA compliant valve lever, separate temperature control lever. Master bath toilet: (white)ADA compliant with stool.seats (white). Bath 2 toilet: (white) with stool seats (white). Lays: (white) ADA compliant Lav faucets: Single -lever valve Kitchen sink: Stainless steel, two basins with waste and overflow drain. Kitchen faucet: Single -lever valve with integral hand -held sprayer. `Water heater Relief valve 2 Exterior hose bibs Laundry sink: Stainless steel, single basin with waste and overflow drain. Laundry faucet: Single -lever valve Vent water heater through furnace vent, gas piping to water heater, dishwasher hook -up. MINEMMIM *Furnace - gas fired forced air. 18 FILED*Air Conditioner - condenser with evaporator "A" coil, complete with refrigeration lines plenum adapter, 2�U1 NOV -2 AM �: 08 condensate drain, controls, metalbestos chimney, vent pipe, combustion /ventilation air duct, gas piping, all supply CITY CLERK air and return air distribution systems. IOWA•Cligail %A the highest Efficiency Rating provided by the manufacturer and must be approved by the owner. 16. ELECTRICAL A. Electrical Service: Install a 100 AMP service of the breaker type entrance. Electrical panel shall be mounted no higher than 54" above the floor. All switches shall be the 15 AMP easy -touch rocker type mounted 42" above floor. hisassM605dickenspec.do All plugs shall be ground type mounted 24" above floor. All plates for switches and plugs. All wiring to be grounded in Romex. Chime and signal light wiring for two doors. 6 Pre -wires for telephones. 6 Pre -wires for television plugs. 4 Smoke detectors 6 Recessed can lights. 3 Ceiling fans with lights 1 Ceiling fan — no light 8 Surface mounted lights 1 Pendant light 2 Weatherproof exterior plugs 6 Exterior recessed can lights 1 Exterior double spot light 2 Bath fan /lights 2 Bath shower lights 2 Bath vanity lights 6 recessed lights Fluorescent under cabinet lights 3 Fluorescent closet lights 12 Porcelain fixtures Garage door opener Laundry to have 11 Ov washer and 220v dryer plugs. Install wiring for gas furnace. Install wiring for electric air conditioning. Hook up all electrical appliances - dishwasher, adjustable sink unit, cooktop, and ovens. Install a 30" vented hood. Install wiring for future call buttons in bedrooms, 2, keyless entry locks, 4 electric window operators, stair lift and hydraulic entry door openers. 19 Printer's Fee $ 0I y �2, CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED. ID # 42- 0330670 I, Margaret Rios, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS- CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is here- to attached, was published in said paper time(s), on the follow- ing date(s): n ';? CJO f Legal Clerk Subscribed and swo to before me this — day of + A.D. 20je/_. � Notaiy Public p r,r GUINTA L. Number OE� F Commission Number 710420 My Comm. Exp. June 5.2004 ors OFFICIAL PUBLICATION NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of Iowa City, Iowa, will hold a pub- lic hearing on the 23rd day of Cclober, 2001, at 7:00 p.m. In the Civic Center, Emma Harvat Hall, 410 E. Washington Street, Iowa City, Iowa, or if said meeting Is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; tot receive comments on plans and specificaions for the construction of a universal design single - family home under the Affordable Dream Home Opportunities Copies of the plans and specifications Is on file for public examination In the office of the City Clerk, Civic Center, 410 E. Washington St., Iowa City, Iowa. Persons Interested In expressing their views concerning this matter, either ver- bally or In writing, will be given the oppor- tunity to be heard at the above- mentioned time and place. MARIAN K. KARR, CITY CLERK 41109 October 17, 2001 Printer's Fee $ 50. 07/ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED. ID # 42- 0330670 I, Margaret Rios, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS- CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is here- to attached, was published in said paper / time(s), on the follow- ing date(s): 0r,/ 3 Legal Clerk Subscribed and sw9rn to before me this dO day of LAAt- A.D.200i Nota Public GUINTA L. BONTRAGER 6 F Commission Number 710428 ow. My Comm. Exp. June 5, 2004 OFFICIAL PUBLICATION ADVERTISEMENT FOR BIOS CONSTRUCTION OF A UNIVERSAL DESIGN SINGLE FAMILY HOME (UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM) Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:00 P.M. on the 20th day of November, 2001, or at a later date and/or time as determined by the Director of Housing and Inspection Services or designee, with notice of said later date and/or time to be published as required by law. Sealed proposals will be opened Immediately thereafter by the Director of Housing and Inspection Services or designee. Bids submitted by fax machine shall not be deemed a °sealed bid' for pur. poses of this Project. Proposals will be acted upon by the City Council at a meet- ing to be held In Emma J. Harvat Hall at 7:00 P.M. on the 27th day of November, 2001, or at such later time and place as may be scheduled. The Project will Involve the following: Construction of a single family home and all necessary site work on Lot 6, Block 39, East Iowa City, Iowa All work Is to be done in strict comph- Once with the plans and specifications which have heretofore been approved by the City Council, and are on file for public examination In the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, sep- arate from the one containing the propos- al, by a bid bond executed by a corpora- tion authorized to contract as a surety in the State of Iowa, in the sum of 59/6 of the bid. The bid security shall be made pay- able to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be for- feited to the City of Iowa City in the event the successful bidder fails to enter Intma contract within ten (10) calendar days and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. This bid security of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection Is made. Other bid securities will be returned after the canvass and tabulation of bids Is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100 %) of the con- tract price, said bond to be issued by a responsible surety approved by the City Council, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the opera- tion of the contract, and shall also guaran- tee the maintenance of the Improvement for a period of one (1) year from and after Its completion and formal acceptance by the City. The following limitations shall apply to this Project: Completion date: May 20, 2002 Liquidated Damages: $100 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of pro- posal blanks may be secured at the Office of the Director of Housing and Inspection Services, Iowa City, Iowa, by bona fide bidders. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder Intends to subcontract. This list shall include the type of work and approx- imate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontrac- tors, together with quantities, unit prices and extended dollar amounts. If no minor- ity business enterprises (MBE) are uti- lized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242- 4721. By virtue of statutory authority, pref- erence will be given to products and provi- sions grown and coal produced within the Slate of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregu- laritles. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK 11851 October 30, 2001 Prepared by: Douglas Boothroy, HIS, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5121 RESOLUTION NO. 01 -376 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT WITH MOORE CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF A UNIVERSAL DESIGN SINGLE- FAMILY HOME UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM (1812 B STREET). WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, on September 14, 1993, City Council considered and passed Resolution #93 -255, approving a Section 5(h) Implementing Agreement with HUD for the conversion of public housing to private ownership, also known as the Tenant to Ownership Program; and WHEREAS, under this agreement, the proceeds from such sales must be used to expand affordable housing opportunities In Iowa City; and WHEREAS, the Iowa City Housing Authority has negotiated a contract with Moore Construction Company for the construction of a universal design single - family home at 1812 B Street in the amount of $157,000; and WHEREAS, the universal design home would benefit the citizens of Iowa City by providing the opportunity for the community to learn about universal design products and building spaces that are usable by all people, regardless of their level of ability or disability. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Under the direction of the City Attorney, the Mayor and the City Clerk are hereby authorized to sign and attest a contract between the City of Iowa City and Moore Construction Company for the construction of a universal design single - family dwelling at 1812 B Street, Iowa City, Iowa. Passed and approved this 27th day of November 20 01 C� ATTEST: Iyl2ur -?(,. i-a-�Aj CIT LERK It was moved by 0' Donnel l and seconded by and upon roll call there wore: r App v� City Attorneys Office Pfab AYES: NAYS: ABSENT: 1j_ Champion _X Kanner X Lehman X _ O'Donnell —X— Pfab X _ Vanderhoef Wilburn fusadMres/18120s1.doc the Resolution be adopted, M ^' 3e 3 Prepared by: Doug Boothroy, HIS, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5121 RESOLUTION NO. 02 -263 RESOLUTION OF INTENT TO CONVEY A SINGLE - FAMILY HOME LOCATED AT 1821 B STREET AND SETTING A PUBLIC HEARING FOR SEPTEMBER 10, 2002. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, on September 14, 1993, the City Council considered and passed Resolution No. 93 -255 proving the Section 5H Implementing Agreement for the conversion of public housing to private ownership, also known as the Tenant to Ownership Program; and WHEREAS, under this agreement the proceeds from such sales must be used to expand affordable housing opportunities in Iowa City; and WHEREAS, the Iowa City Housing Authority owns a single - family home located at 1821 B Street, Iowa City; and WHEREAS, the City has received an offer to purchase 1821 B Street for the principal value of $210,000 which is the appraised value of the property; and WHEREAS, this sale will provide the opportunity for low- income persons with disabilities to obtain ownership of a home specifically designed to meet their needs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council does hereby declare its intent to convey a single- family home located at 1821 B Street, Iowa City, Iowa also known as Lot 6, Block 39, east Iowa City, for the sum of $210,000. 2. A public hearing on said proposal should be and is hereby set for September 10, 2002 at 7 p.m. in the Emma J. Harvat Hall of the Civic Center, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. Passed and approved this 20th dayof Augu 20 02 AYOR ATTEST- ��� CIT LERK h ;s&PMes/1821 b sVe doa Approved by City Attorney's Office Resolution No. 02 -263 Page 2 It was moved by O'Donnell and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman _M_ O'Donnell x Pfab X Vanderhoef X Wilburn NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of Iowa City will hold a public hearing on the 1 V day of September, 2002, at 7:00 p.m. in the Emma J. Harvat Hall of the Civic Center, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider a Resolution Authorizing Conveyance of 1821 B Street, also described as Lot 6, Block 39, East Iowa City, Iowa. Copies of the proposed resolution are on file for public examination in the office of the City Clerk, Civic Center, Iowa. City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above - mentioned time and place. MARIAN K. KARR, CITY CLERK Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356.5030 RESOLUTION N0, 02 -293 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 18218 STREET. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, on September 14, 1993, the City Council considered and passed Resolution No. 93 -255 approving the Section 5(h) Implementing Agreement for the conversion of public housing to private ownership, also known as the Tenant -to- Ownership Program; and WHEREAS, under this agreement the proceeds from such sales must be used to expand affordable housing opportunities in Iowa City; and WHEREAS, the proceeds from such sales are used to provide affordable housing under the City's Affordable Dream Home Program ( "ADHOP "); and WHEREAS, the Iowa City Housing Authority owns a single family home located at 1821 B Street, Iowa City; and WHEREAS, the City has received an offer to purchase 1821 B Street for the principal sum of $210,000, which is the appraised value of the property; and WHEREAS, this sale would provide the opportunity for low- income persons with disabilities to obtain ownership of their own home; and WHEREAS, on August 20, 2002, the City Council adopted a Resolution declaring its intent to convey its interest in 1821 B Street, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 1821 B Street, legally described as Lot 6, Block 39, East Iowa City, Iowa. The Mayor and City Clerk are further authorized to execute a second mortgage agreement and resale agreement with said persons in an amount not to exceed $100,000. Resolution No. 02 -293 Page 2 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. It was moved by Vanderhoef and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner �— Lehman _ O'Donnell Pfab `x Vanderhoef x Wilburn Passed and approved this 10th day of SeQt&4er 2002. W, AYOR ATTEST: CITY UERK Approved by g -d $_o d, City Attorney's Office �,a6 As per HIS Director Boothroy: Address for Lot 6, Block 39, East Iowa City should be 1821 B Street not 1812 B Street, as originally referenced. pgel 4LL N- {-�or as b l2 Dreaw, �- iorn.Q 9 �fU Lv r,9-Fe� fora Ga�, � I _ 93g_ �t�gFe.it� �i a�o5 �l2SO�uA; Y, o5- a7/ Sefr,� Q eLLWic- ko—Y- na on nlohs 'Vns4ru-,:J�o4, o-' R --Loo- 1am,� Owner occupi,eJ kOrh-e- 6ca�4d ort Lo /7�� Lor��ello v lUt�tn�v Lcr)j r . -te_Ag o-d4l�- Lrvarahi - cJ;c -e #no SCjirf 9 Y)o i d;y- ,,e -C4-; o -I'%�4 ciir�.c-) -oN n'k- Ytt�us�nq `E rtczc,q— sad �1CLk-,S on 100,¢ -frO- �v- - nSPPLe&cL�( r ,0c11 ',v,5S P.r- eVC,itC- �oS n . �o j - AUG- Drj -1 toISe ?a�tS �a, e /'7 ;r, cs. �oi;ce n� 1 >v41 ;C- tizat�jnc� >JC+ ;,4 0 F " aV2Y)5 ti to- SQ - OS ;6) rn v - i o� cUn c } eG- ,Yyi t� c 4os" I' 4)r .cons ^uc oh o c- dup (,ex +larr� L,(nJtll & 4 AaLle, DreRw, Y,44,tn, � �rqq V� A.W, ac�c�pkh / I y n ,(('' ?o, 100L .SIB Gk�Vpr4,SLrntn ro �,�S ie f krY% mt kad Place -ro✓ rece Of Qci��r t,S2men� for bi AS . - T rDJ of A-��rdau,e. - Nvyn., %.Y-D Q--E- h 938 Pjace �?cn5 3-23 3'7 3 Y Q- 6, , d J i n y H-.(- f v © j -e c-4 -RD r/- Cvns4 r tc�tPIl. V -t Ct- J T(-2K hOrn-G 4-k-2 '1 i Or� rtfaj2 - :Or,e—rzm *rn-e U. -?Y-O � locc,lec a aw �ori5 eIlow �1 1 ce- � ;rec�,n5 Q-erk- -{a //Jcc'1(r2��n/r 2 VS:i a C'Pl lS I ��TV O6 ��? Q CIr'Q +/ly �l� Y'0.Ci L w�. L ��� �Or//1�i27AJ'9h91/ l/r.Oitr2t$, iI - ✓'k [m?'i c(zy7s.w _ `1 s',yn a✓LG C -4 _l' ,-z -4, Q#e / Q L-ob4Rc-;*(z Pow "ke Cori S�Y'144; ah of rc AP /ex #')Me knd,r 44 rY `7rtOYd 46le Y'2k vyl.. �i�rl?C �ff vy 4urll4 ex - R- D3f'0.rY).. �rnJ Prepared by: Doug Boothroy, HIS, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5121 RESOLUTION NO. ns -271 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF A TWO- FAMILY OWNER- OCCUPIED HOME LOCATED ON LOT 12, LONGFELLOW MANOR UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE DIRECTOR OF HOUSING AND INSPECTION SERVICES TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION 8- 6 -05 l.Zd 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: A public hearing on plans, specifications, form of contract, and estimate of cost for the construction of the above - mentioned project is to be held on the 6t day of September, 2005 at 7:00 p.m. in Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above -named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. The copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above -named project is hereby ordered placed on file by the Director of Housing and Inspection Services in the Office of the City Clerk for public inspection by August 22, 2005. Passed and approved this 16th day of August , 20—Q5_. MAYOR ATTESTJ ,,J �-)• -) c/ CITY LERK HiwdMresIADHOP- longfellm.do Approved by City Attorney's Office Resolution No. 05 -2 Page 2 It was moved by Champion and seconded by Bailey 'the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Elliott x-- Lehman x O'Donnell x Vanderhoef x Wilburn General Specifications for Lot 12 Longfellow Subdivision 940 Longfellow Court and 938 Longfellow Place Iowa City, Iowa GENERAL REQUIREMENTS Q a General . 3 These specifications are the "Streamline" type and, therefore, omission of many such words as "the Contractor shall; the; a; according to the plans; all; etc." is intentional. In all cases, however, omitted words shall be supplied by inference when interpreting any instructions or directions in the specifications. All materials and equipment shown or specified on the plans or in the specifications, or required to complete the project ready for operation shall be provided and securely installed in place by the Contractor. Provision and installation of materials and equipment shall include everything required for perfect performance, regardless of omission of specific reference on the plans or in the specifications. Materials and equipment in the project shall be new. Workmanship shall be first class. The plans and specifications are basic, and they are presumably correct and complete. Any ambiguity, error or omission which may develop as a result of the requirements of the particular project shall be brought to the attention of, and corrected with the approval of the owner. The Contractor shall comply with all applicable laws of the City of Iowa City and shall be responsible for payment of fees for any permits and licenses required. The building and all related permit fees will be waived by the City. In the event of a conflict between various codes and manuals, the more stringent requirements shall be followed. The project shall be completed by May 15, 2006. The project is the construction of a duplex structure; therefore, the General Specifications would be applied to each dwelling unit. Contractor's Responsibilitv Contractor is expected to provide and pay for: a. All labor, materials and equipment. b. Tools, construction equipment and machinery. C. Other facilities and services necessary for proper execution and completion of work. d. Legally required sales, consumer and use taxes. e. Permits, Government Fees and Licenses. 2. Contractor is required to give all required notices, comply with codes, ordinances, rules, regulations, orders and other legal requirements of public authorities which bear on- performance of this work. 3. Contractor is to promptly submit written notice to the owner of observed variance of Contract Documents from legal requirements., 4. Contractor is to enforce strict discipline and good order among employees. Contractor is not to employ unfit and unskilled pe'rson's for the assigned tasks. Neither the Contractor nor his /her subcontractors, shall employ �ahy persons whose physical or mental condition is such that his /her employment will endanger the health and safety of himself /herself or others employed on the project. The Contractor shall not commit any of the following employment practices and agrees to include the following clauses in any subcontracts: 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 job performance of such person or employee. 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. 5. It is deemed that each Contractor shall have acquainted himself /herself with the site and conditions under which construction is to be carried on in accordance with the plans and specifications. The Contractor will be held responsible for damage to new or existing work or property caused by improper execution of work or failure to take necessary precautions to prevent damage, and he /she shall repair or replace such damage to the satisfaction of the owner. C. Insurance Certificate of Insurance; Cancellation or Modification: Before commencing work, the Contractor shall submit to the Owner for approval a Certificate of Insurance, meeting the requirements specified herein, to be in effect for the full contract period. The Contractor shall notify the Owner in writing at least thirty (30) calendar days prior to any change or cancellation of said policy or policies. C. Cancellation or modification of said policy or policies shall be considered just cause for the Owner to immediately cancel the contract and /or to halt work on the contract, and to withhold payment for any work performed on the contract. 2. Minimum Coverage: a. Any policies or policies of insurance purchased by,'the Contractor to satisfy his /her responsibilities under this contract shall include' contractual liability coverage, and shall be in the following type and minimum amounts: Type of Coverage Class II (1) Comprehensive General Each Liability Occurrence Aggregate (a) Bodily Injury $500,000 $1,000,000 (b) Property Damage 250,000 (2) Motor Vehicle Liability & Property Damage Per Per Insurance: Person Accident (a) Bodily Injury $500,000 $1,000,000 (b) Property Damage 250,000 (3) Workers' Compensation Insurance as required by Chapter 85, Code of Iowa. In addition, the Contractor shall be required to comply with the following provisions with respect to insurance coverage: a. The entire amount of Contractor's liability insurance policy coverage limits, identified in the policy and on the Certificate of Insurance, must, under the policy, be available to pay damages for which the insured Contractor becomes liable, or for which the insured assumes liability under the indemnity agreement, 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. b. The entire amount of the Contractor's liability insurance policy coverage limits shall be payable by the Contractor's insurer, with no deductible to be paid by, or self- insured retention to be attributed to, the Contractor unless this requirement is waived by the Owner. Contractor's Certificate of Insurance must set forth the nature and amount of any such deductible or self- insured retention. C. 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. d. The Owner prefers that Contractor provide it with "occurrence form" liability insurance coverages. If Contractor can only provide "claims- made" insurance coverages, then the Contractor must comply with the following requirements: (1) If the Contractor changes insurance carriers, or if Contractor's insurance coverage is cancelled, . during the contract period or within two years after completion df,the Contract and Owner's acceptance of the work, Contractor agrees to immediately notify the Owner of such event. (2) If Contractor's insurance is cancelled or is allowed to lapse % 1 during said period, Contractor shall be required to obtain replacement insurance coverage to fulfill its obligation hereunder. (3) If, during said period, Contractor involuntarily changes insurance carriers, or is required to obtain replacement coverage from another carrier, Contractor shall either purchase "tail" coverage from its first carrier effective for a minimum of two years after inception thereof, or (2) purchase "prior acts" insurance coverage from its new carrier, covering prior acts occurring during the period of this Contract from and after its inception. (4) "Tail" or "prior acts" coverages so provided shall have the same coverages, with the same limits, as the insurance specified in this Contract, and shall not be subject to any further limitations or exclusions, or have a higher deductible or self- insured retention than the insurance which it replaces. (5) The Owner reserves the right to waive any of the insurance requirements herein provided. The 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. (6) In the event that any of the policies of insurance or insurance coverages 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 loses exhaust the aggregate limits of Contractor's liability insurance, the 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. 4. Hold Harmless; Endorsement Required: a. The Contractor shall indemnify, defend and hold harmless the Owner, the City of Iowa City, and its officers, employees, and agents from any and all liability, loss, cost, damage, and expense (including reasonable attorney's fees and court costs) resulting 4 from, arising out of, or incurred by reason of any claims, actions, or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operations under this Contract, whether suchioperations be by himself or herself or by any Subcontractor or by anyone directly $r indirectly employed by either of them. b. The Contractor is not, and shall not be deemed to be, and agent'\ or employee of the City of Iowa City, Iowa. D. Cooperation and Coordination The Contractor shall cooperate with the Owner, Owner's Representative, and other contractors, if any, to ensure rapid and accurate completion of the work, and he /she shall assist the Owner in coordination. E. Temporary Facilities The Contractor shall maintain any office, storage facilities, or protection required by his operators. 2. Temporary facilities and products shall conform to the codes, ordinances, and requirements of all regulatory agencies having jurisdiction over the project. Agencies included, but not limited to: a. O.S.H.A. b. State of Iowa G. City or Municipality of project d. Uniform Building code - most current edition 3. Contractors shall consult with utility companies and include in their bid any costs for connection, extensions, relocations, installation, and removal of any temporary facilities, such as sewer, water, gas, electrical, telephone, cable TV, etc. 4. Access to the site shall be coordinated with the Owner. 5. Contractor shall protect existing facilities and repair any damages to the satisfaction of the Owner. 6. Contractor will provide electric power, water and phone for the duration of the project. 7. Contractor shall provide temporary heat if required. Contractor shall provide stoves, salamanders, furnaces, or "Herman Nelsons" with self contained fuel supplies to maintain temperatures required during cold weather. During concrete and masonry work, temperatures above +32° F shall be maintained in enclosures. Temperatures shall be elevated for sheet rocking and painting to material manufacturer's recommendations and maintained thereafter. Temporary heat shall cease when permanently installed hearing units are useable. Contractor shall provide his own on -site portable toilet or otherwise comply with O.S.H.A. regulations. F. Substitutions Contractor shall prepare base bid with the intent of furnishing, materials and equipment as specified. If materials or equipment cannot')be furnished as specified, substitute materials or equipment capable of equal performance may be used UPON WRITTEN-AOPROVAL OF THE OWNER. 2. If substitutions are to be made after a construction contract has been approved, the contract shall be amended accordingly by a contract amendment to provide for the change. 3. In making a request for substitution, the supplier /contractor represents: a. Contractor has personally investigated proposed product or method, and determined that it is equal or superior in all respects to that specified. Contractor will provide the same guarantee for substitution as for products or method specified. C. Contractor will coordinate installation of accepted substitution into work, making such changes as may be required for work to be completed in all respects. 4. Substitutions will not be considered if: a. Acceptance will require substantial revision of Contract documents. G. Standards Reference made to standards of the American Society of Testing Materials (ASTM), A.G.A., NBFU, Underwriters Laboratories, American Institute of Electrical Engineers, N.E.M.A., and the National Electrical Code, and other similar organizations and publications, refer to specifications of latest revision. All work shall be in strict accordance with Codes and Statutes of the State of Iowa; codes, statutes, ordinances and resolutions of both the city and county; and other local codes as applicable. Additionally, all work shall meet the requirements of the local gas and electric utilities, and the Owner's insurance companies. Should any work on drawings or herein be contrary to above, the work shall be executed in accordance with said ordinances, statutes, code and requirements, but not until the points in question have been referred to the Owner for approval. H. Project Close Out When the Contractor considers the project complete and in acceptable operating condition, he /she shall notify the Owner. The Owner shall then make the final inspection and tests to determine that to the best of his /her knowledge, the project is complete and erected in accordance with the Contract, including any amendments thereto. Should the Owner consider K. the work not complete, he /she shall immediately notify the Contractor. The Contractor shall then complete incomplete areas and notify owner. Owner shall then re- inspect facilities. Contractor shall provide the following Close Out Submittals: a. Operation and maintenance data. p{ b. Guarantees, warranties and bonds. C. Certificates of Inspection. d. Contractor's affidavit of payment of debts and claims. e. Contractor's affidavit of release of liens. f. Separate waivers of liens for subcontractors, suppliers, and others with lien rights against property of Owners, together with list of those parties. g. Iowa St -172 Sales Tax Form for Owner's use. Cleaninq Maintain premises and public properties free from accumulations of waste, debris, and rubbish caused by operations. 2. At completion of work, remove waste materials, rubbish, tools, equipment, machinery and surplus materials, and clean all sight- exposed surfaces. Leave project clean and ready for occupancy. 3. Contractor shall obtain necessary permits, if required, from City and /or County for disposal of construction wastes and debris. Disposal shall be in lawful facilities. Safety Requirements Construction and clean -up must meet all requirements of the Standards issued pursuant to Public Law 91 -596 (29 U.S.C. 65), "Occupational Safety and Health Act of 1970 ". Cutting and Patching Contractor shall perform all cutting and patching (also excavation and backfill) required due to obstructive existing conditions, ill timed or poorly executed work, and testing or inspection requirements. Contractor shall restore all patched surfaces to their original or to better condition and shall make adequate provision for the protection of all surrounding work and provide for adequate public safety. Patched areas shall match existing adjacent areas in appearance. Contractor shall not cut structural members without prior written approval of the Owner. L. Contract Compliance Program For all contracts and subcontracts of $25,000 or more, the Contractor and all affected subcontractors shall abide by the requirements of the City's Contract Compliance Program, which is included with these specifications. M N. M a 11 Working Dam Except for such work as may be required to properly maintain' lights :and barricades, no work will be permitted on Sundays or legal holidays without specific permission of the Owner. Work During an Emergency The Contractor shall perform any work and shall furnish and install any materials and equipment necessary during an emergency endangering life or property. In all cases he /she shall notify the Owner of the emergency as soon as practicable, but shall not wait for instructions before proceeding to properly protect both life and property. Exposing Utilities The Contractor shall expose all utilities at the request of the Owner for purposes of investigation. This work shall be considered incidental to the Contract and no additional compensation shall be granted. If a utility is encountered during construction, the utility shall be protected. If a utility is damaged by the Contractor during construction, the utility shall be repaired by the Contractor at no cost to the City. Minor Work Any minor work not specifically mentioned in the Specifications or shown on the plans, but obviously necessary for the proper completion of the work shall be considered as being a part of and included in the Contract and shall be executed in the proper manner and the Contractor shall not be entitled to extra or additional compensation for the same. Release of Claims The Contractor shall deliver to the Owner a complete release of all claims arising out of this Contract before the final pay estimate is paid. if any claim remains unsatisfied after all payments are made, the Contractor shall refund to the Owner such amounts as the Owner may have been compelled to pay to discharge such claims, including all costs and a reasonable attorney's fee. R. Sales Tax The City of Iowa City is exempt from all Federal, State of Iowa and other states' taxes on the purchase of commodities and services used by the City of Iowa City within the State of Iowa. The Purchasing Division shall provide tax exemption certification to out -of -state suppliers as required. Out -of -state taxes imposed on purchases of commodities and /or services which are used within another state are applicable and subject to payment. Contractors shall bill the City Accounting Division, including tax, for contracts pertaining to the alteration, construction or repair of real property. The Contractor shall provide the necessary Iowa Department of Revenue Contractor's Statement S. T J (one contractor's statement for each subcontractor). The Accounting Division shall then contact the State of Iowa for tax reimbursement. Contractors and subcontractors shall pay all legally required sales,' consunmer, ,` and use taxes on all commodities and /or services purchased or rented to complete their contract. Guarantee Unless otherwise specified, the Contractor shall unconditionally guarantee the materials and workmanship on all equipment furnished for a minimum period of one (1) year from date of acceptance of the items delivered and installed. If, within the guarantee period, any defects or signs of deterioration are noted which in the Owner's opinion are due to faulty design, installation, workmanship, or materials, the Contractor, upon notification and at his /her expense, shall repair or adjust the equipment or parts to correct the condition or he /she shall replace the part or entire unit to the complete satisfaction of the Owner. These repairs, replacements or adjustments shall be made only at such time as shall be designated by the Owner as least detrimental to the operation of the Owner's business. Regardless of any statement to the contrary, the Contractor agrees that the implied warranty of merchantability and fitness for a specific purpose is not disclaimed. Payment Provisions Payment Terms. Payment may be made only after inspection and acceptance by the owner. No partial payments shall be made unless otherwise authorized by the Owner, or unless commodities were constructed, erected, installed or tested on site, in which case, payment shall be made on the basis of a percentage of the value of all work performed less any previous payments. Payment of balances shall be made only after approval and final acceptance of the Owner. 2. Withholding Payment. Consideration for withholding payment shall include faulty materials, equipment, or workmanship, back orders, and liens that have been filed, or evidence indicating a possible filing of claims. In all cases, regulation and limitations imposed by the Federal Government and State of Iowa shall prevail. 3. Invoicing. Following acceptance, payment shall be made within thirty (30) calendar days from receipt of proper invoice. Invoice shall include department name, dollar amount, and any other pertinent information. Submit invoice in duplicate to: Note Iowa City Housing Authority Attention: Doug Boothroy Civic Center - 410 E. Washington St. Iowa City, Iowa 52240 Final colors and manufacturers to be approved by the Owner. 2. All quantities and locations shall be as indicated on the plans,. 2. SITEWORK - U ti A. Excavation 1. Excavation consists of removal and disposal of material encduntered when establishing required finish grade elevations. 2. Material storage: Stockpile satisfactory excavated materials where directed, until required for backfill or fill. Place, grade, and shape stockpiles for proper drainage. Locate and retain soil materials away from edge of excavations. Dispose of excess soil materials and waste materials as herein specified. 3. Cold weather protection: Protect excavation bottoms against freezing when atmospheric temperature is less than 35 °F (1 °C). 4. Over excavation and backfill procedure (if required): a. Where unsuitable bearing material is encountered below design footing level, overexcavate as shown above. b. Minimum depth D =W for continuous footings and minimum depth D =Y2 W for isolated footings. C. Place fill below footing level in 9 -inch loose lifts. B. Backfill and Fill 1. General: Place acceptable solid material in layers to required subgrade elevations, for each area classification listed below: a. In excavations, use satisfactory excavated or borrow material. b. Under walks and pavements, use subbase material or satisfactory excavated or borrow material, or combination of both. C. Under building slabs, use granular base fill material. d. Around foundation drainage tile, use drainage fill material. 2. Backfill excavations as promptly as work permits, but not until completion of the following: a. Acceptance of construction below finish grade, including, where applicable, damp - proofing and waterproofing is required. b. Inspection, testing, approval underground utilities. C. Removal of trash and debris. and recording locations of 10 C. Grading 1. Site shall be shaped to rough grade profiles and contours 'to ensure;; desired site surface drainage. Final grading, ready to receive sodding. 2. Grade areas adjacent to building lines to drain away from. structures and -� to prevent ponding. 3. Entire lot to be sodded. D. Site Utilities Description a. This section covers the installation of the following utility service items for utility main lines to the building. 1. Water service. 2. Sanitary sewer service. 3. Electrical and phone service by others. 4. Subsurface drainage system. b. Any items not specifically noted, but reasonably necessary for a complete installation, shall be furnished and installed under this Contract. 2. Codes and Permits Materials and installation shall conform to all state and local codes and regulations governing the trades included in this work. Requirements of these plans or specifications, not conflicting therewith, but exceeding code requirements shall govern. The Contractor shall obtain all necessary permits required for this work. He /she shall also arrange for all inspection, examinations, or approvals required by governing ordinances thereof. Should Contractor fail to coordinate this before backfilling, he /she will open the work for inspection at no additional cost to the Owner. 3. Products a. Water Services All piping and fittings for service (as shown on drawings) shall be Copper Tubing Type "K" deoxidized, ASTM B8871 hard tubing with brass fittings as manufactured by Mueller, American or Revere Brass Company. b. Sanitary Sewer Services Sanitary sewer piping shall be standard strength, vitrified clay sewer tile, cast iron sewer pipe, or rigid PVC Schedule 40 sewer pipe. C. Electric and Telephone Services 11 c: 3. El 1. Electric and telephone service from the main lines to the structure are to be coordinated with the relevant local utilities. The Contractor shall be responsible for contacting representatives of these utilities and coordinating the installation by the utilities of these permanent services, so that they are in place at the time of final acceptance of the project. d. Subsurface Drainage System 1. As required in the subdivision agreement, basements must be equipped with a sump pump and adequate foundation tile which discharge into the subsurface drainage system. Proper installation of the sump pump and the foundation tile are the sole responsibility of the Contractor and the City is not responsible for inspecting the installation of sump pumps and foundation tile. Finally, discharge from down spouts and roof drains into the subsurface drainage system is prohibited. To ensure compliance with these conditions, the Contractor will contact the Owner after installation and prior to backfilling. E. Waterproofing: 4" perimeter ADS drain inside and outside of foundation to terminate at grade. CONCRETE A. Foundation: Concrete walls 8" thick on an 8 "x16" continuous footing (see Foundation Plan). B. Garage Floor: 4" concrete with re -rod 24" on center. Trowel finish. C. Basement Floor: 4" concrete over poly- vapor barrier. Trowel finish. D. Driveway: 4" concrete with re -rod 24" on center entire width of garage. Light broom finish. E. Walks: 4" concrete. Light broom finish. NO WORK 5. NO WORK 6. WOODS & PLASTICS A. Exterior Wall: 2x6 studs, 16" on center with 7/16 OSB sheathing, Tyvek house wrap, vinyl lap siding. B. Interior Walls: 2x4 studs, 16" on center. C. Roof System: Pre - engineered roof trusses or "I" joists 24" on center as noted on plans with 15/32" OSB sheathing. 12 3 4. 5. 6. I . Electric and telephone service from the main' lines to the structure are to be coordinated with the relevant local utilities. The Contractor shall be responsible for,contactinq , representatives of these utilities and coordinating "th''61 installation by the utilities of these permanent services, so that they are in place at the time of final acceptance of tpe project. Subsurface Drainage System 1. As required in the subdivision agreement, b4si§ments must be equipped with a sump pump and adep6ate foundation tile which discharge into the subsurfac drainage system. Proper installation of the sump pum and the foundation tile are the sole responsibility of e Contractor and the City is not responsible for ins cling the installation of sump pumps and foundation ' e. Finally, discharge from own spouts and roof drain nto the subsurface drainage s tem is prohibited. To sure complia e with these conditions, the Contra or will con ct the Owner after installation and prior to gckfilling. E. Waterproofing: 4" perimetek OS drain inside and outside of foundation to terminate atAjade. CONCRETE A. Foundation: Co 5rete walls 8" ick on an 8 "x16" continuous footing (se Foundation Plan B. Garage Floor: / 4" concrete with re -rod 2 " on center. Trowel finish. C. Basement Floor: 4" concrete over poly -vapo arrier. Trowel finish. D. Driveway: 4" concrete with re -rod 24' on center entire width of garage. Light broom finish. E. Walks: 4" concrete. Light broom finish. NO WORK li•c7 & PLASTICS Exterior Wall: 2x4 studs, 16" on center with 7/16 OSB she \cen ek house wrap, vinyl lap siding. B. Interior Walls: 2x4 studs, 16" on center. C. Roof System: Pre- engineered roof trusses or "I" joists 24" as noted on p lans with 15/32" OSB sheathing. 12 D. Floor System: No. 2 Douglas Fir lumber and "I" joist at 16" on- center as noted on plans with W tongue and groove subfloor. E. Millwork: � 1. Lumber shall be sound and dry, selected for compatibility of grain and color and containing no defects that cannot be concealed by finishing methods for stained transparent finish. 2. Scribing and joining shall accomplish hair -line joints. Finish trim corners shall be mitered, trim other than finish may be butted. 3. Pre- finished wood baseboard to match interior doors, frames and casing shall be nominal 3" high. 4. Stair railing shall be oak. F. Cabinetwork: 1. Grade: a. All cabinets shall bear the label of an independent inspection agency that maintains continuous control over the testing and inspection of the cabinet. The label shall identify the manufacturer's name or symbol and indicate compliance with the applicable standards. 2. Species: a. Exposed members shall be oak or maple with veneered portions plain sliced. 3. Hardware: a. The cabinet manufacturer shall furnish and install cabinetwork hardware. 4. General: a. Face frames and cabinet doors shall be not less than W thick hardwood. b. Cabinets shall be constructed with horizontal lumber webframes, vertical plywood walls, or panels or lumber faceplates. Cabinet C. Cabinet bottom shall be minimum '' /z' thick except in sink unit where 1/4' tempered hardboard may be loose set on web frame for access to service lines. d. Cabinet backs shall be 1/4" minimum thickness plywood or hardboard. In base cabinets where no drawers occur, backs may be made removable from the interior of the cabinet. e. Drawer bottoms shall be 1/4" minimum thickness plywood. 13 f. Drawer sides shall be beveled top edges and plowed bottoms to receive drawer bottom. g, Fixed web frames and shelves shall be joined to ends or verticar dividers with stop dado. h. Adjustable shelves shall be supported on surface applied `shelf standards and brackets. Both edges but not ends of adjustable shelves shall be edged with hardwood. Shelves shall be 5/8" minimum thickness. Countertop assemblies shall consist of plastic laminate over plywood or other approved material. Sink cut -outs shall be made by templates provided by sink supplier. Edges of cut -outs shall be permanently sealed to prevent water absorption. Flush type doors shall be 3/4" thick for maximum size 36" wide by 48" high or oak or maple wood. k. Bases shall be solid oak or maple (matched to cabinet) only, set to provide a toe space 2 -1/4" deep by 4" high above finished flooring material for cabinets. Where similar individual units are assembled together into one integral items, the base may be solid yard lumber securely attached to the floor as a single unit. I. Cabinetwork shall be pre- finished by the manufacturer. M. Stain colors, wood types and cabinet patterns shall be selected by the Owner from the manufacturer's full palette. (1) Manufacturers: BRAMMER; KITCHENCRAFT, ENCORE, OMEGA, OR APPROVED MANUFACTURER. G. Closet Shelving: Vinyl coated wire shelving in all closets. One shelf and rod in each clothes closet. Five shelves in each linen and pantry closet. One shelf in laundry closet. 7. THERMAL AND MOISTURE PROTECTION A. Foundation: Hydrocide or other approved material waterproofing applied to exterior concrete walls below grade. B. Building Insulation: 2" extruded polysterene perimeter foundation insulation Exterior walls; 6" R -19 Friction fit batts. House to garage wall; 3%2' Kraft -faced stapled in place. Basement walls; minimum R -10. Flat lid; 12" blown -in Rockwool R -38. Baffles; placed in every other truss. C. Shingles: 235# Certainteed Sealdon 25 asphalt shingles or approved equal. 14 D. aiding: Double 4" Vinyl siding with aluminum soffits and fascia. E. Shutters: Embossed wood grain louvered style location, as indicated on plans. F. Gutters and Downspouts: Seamless aluminum. n 8. DOORS AND WINDOWS A. Exterior Doors: Front door shall be a fiberglass insulated door with ' /a glass — smooth, with accessible thresholds. Garage door to house - flush steel insulated door — smooth. Overhead door — 9'x7' and 16 "x7' steel flat panel with a 1/3 HP operator and two transmitters. Patio door — with accessible thresholds. B. Wood Doors: 1. All interior doors shall be 1 -3/8" thick hollow core wood doors with wood frame. 2. Pre- finished doors and frames shall be pre -hung. 3. Doors shall be pre- bored, ready to receive door hardware. 4. Finish to be selected by owner. C. Windows: Vinyl casement by KOLBE VINYL WINDOWS or an approved equivalent as indicated on the plans, with insulated glass and screens. D. Finish Hardware: 1. Entrance, privacy and privacy locks are SCHLAGE- GEORGIAN SERIES or an approved equivalent. Deadbolts at all entry doors. 2. All door levers are to be ADA compliant. 3. Provide TRUTH HARDWARE ADA casement cranks or approved equivalent on all operable windows. 9. FINISHES A. Gypsum Wall Board: Ceilings - 5/8" sheetrock with three coats paint and a Knockdown texture. walls -' /Z' sheetrock with three coats tape and orange peel texture. Garage one coat tape. B. Paint and Stain: Interior walls, including interior garage walls, are to be primed and finish coated. Interior window jambs, etc., are to be stained, sealed, and varnished. Entry doors are enamel coated. 15 C. Floor Coverinq: 1. Carpet _ i3 Style: CK043 CK043 Pile Yarn Content: Spun 100% polyester , : ,- Yarn Twists per Inch: 5.0 x 4.8 Fabric Type: Cut pile Fiber Treatment: Mohawk approved polyester Gauge: 1/8 C Pile Height: .440 Stitches per Inch: 8.83 Finished Pile Weight: 39.50 oz. Total Weight: 71.00 oz. Density: 3232 Dye Method: Beck Primary Backing: Woven polypropylene Secondary Backing: Woven polypropylene FHA Information: MEA # 45694 Type:I Class:1 Type: 11 Class:1 Texture: F Performance Appearance Retention (PAR) Rating: 3.50 Indoor Air Quality #: 13427678 Flammability: Pill Test - 16CFR -1 630.4 (FF -1 -70): Pass a. MOHAWK INDUSTRIES, INC. b. Approved equal. 2. Sheet Vinyl Flooring: a. Colors and patterns: as selected by Owner from manufacturer's standards. b. Sheet vinyl flooring shall be residential grade with 0.060" minimum • thickness. C. Pattern and color shall extend through full thickness, complying with FS L -F -475, Type II. d. Manufacturers: Armstrong, Congoleum, Tarkett, or approved equal. 3. Adhesives (Cements); Waterproof, stabilized type as recommended by flooring manufacturer to suit material and substrate conditions. 4. Leveling Compound: Latex type as recommended by flooring manufacturer. 16 10. SPECIALTIES A. Toilet And Bath Accessories 1. Grab bars: Vinyl, ADA compliant grab bars by HEWI or approved equivalent. Grab bars shall be screw mounted into wood studs or blocking, and mounted 33 " -36" from center line to finished floor. Provide grab bars at toilets, shower and tub /shower. `-' 2. Toilet paper holder: Vinyl, by HEWI or approved equivalent. Surface mount with screws on adjacent vanity base cabinet or wall mount. 3. Mirror: Provide 36" x 48" mirrors at bathroom vanities. Install chrome - plated channel to support mirror along top and bottom edges. 4. Recessed medicine cabinet: mount no higher than 48" from base of cabinet floor. 5. Hand shower holder bar: Vinyl, by HEWI or approved equivalent. 6. Provide scald protection panel at vanities. 11. EQUIPMENT A. Appliances: 1. Wall Oven: Side -open wall oven by FRIGIDAIRE MODEL FE8702CE open from right. 2. Cooktop: 30" electric cooktop with glass ceramic surface and controls located at front of unit. a. GE b. Amana /Maytag C. Frigidaire d. Whirlpool e. Approved Equivalent 2. Range Hood: 30" ventilating type hood for mounting below wall cabinets, with 2 -speed fan, permanent washable filter, built -in lighting, baked -on enamel finish, rated at 160 cfm, minimum. a. GE b. Amana /Maytag C. Frigidaire d. Whirlpool e. Approved equivalent 3. *Refrigerator /Freezer: Free - standing, side -by -side two door unit; automatic (self) defrosting freezer, separate refrigerator and freezer temperature controls; storage features including adjustable slide -out shelves, door shelves and in -door water and ice dispenser. Minimum capacity values, measured according to ANSI B 38.1 and certified by ARAM, for refrigerator volume is 18 cubic feet, with 25.0 square feet of total shelf area. 17 a. GE b. Amana /Maytag C. Frigidaire $ d. Whirlpool e. Approved equivalent 4. *Dishwasher: Standard size built -in five -cycle dishwasher with a pots and pans cycle and temperature boost. Door shall be easy to open with no levers. a. GE b. Amana /Maytag C. Frigidaire d. Whirlpool e. Approved equivalent Shall have highest Efficiency Rating provided by the manufacturer and must be approved by the Owner. 12. NO WORK 13. NO WORK 14. NO WORK 15. PLUMBING Q M Fixtures: Tub /shower: Fiberglass (white) with ADA compliant grab bar, waste and overflow drain. Ceramic tile roll -in shower with recessed floor or approved curbless fiberglass unit (white Shower heads: Hand -held with adjustable holder bar and 60" hose Bath /shower faucet: pressure balanced with scald protection, ADA compliant valve lever, separate temperature control lever. Master bath toilet: (white) ADA compliant with stool seats (white). Bath 2 toilet: (white) with stool seats (white). Lays: (white) ADA compliant Lav faucets: Single -lever valve Kitchen sink: Stainless steel, two basins with waste and overflow drain. Kitchen faucet: Single -lever valve with integral hand -held sprayer. 'Water heater Relief valve 2 exterior hose bibs HVAC `Furnace - gas fired forced air. `Air Conditioner - condenser with evaporator "A" coil, complete with refrigeration lines plenum adapter, condensate drain, controls, metalbestos chimney, vent m pipe, combustion /ventilation air duct, gas piping, all supply air and return air distribution systems. Shall have the highest Efficiency Rating provided by the manufacturer and must be approved by the owner. j 16. ELECTRICAL A. Electrical Service: Install a 100 AMP service of the breaker type entrance. Electrical panel shall be mounted no higher than 54" above the floor. All switches shall be the 15 AMP easy -touch rocker type mounted 42" above floor. All plugs shall be ground type mounted 24" above floor. All plates for switches and plugs. All wiring to be grounded in Romex. Chime and signal light wiring for two doors. 6 Pre -wires for telephones. 6 Pre -wires for television plugs. 4 Smoke detectors 6 Recessed kitchen can lights. 4 Ceiling fans with lights 7 Surface mounted lights 2 Weatherproof exterior plugs 3 Exterior recessed can lights 1 Exterior double spot light 2 Bath fan /lights 2 Bath shower lights 2 Bath vanity lights Fluorescent under- cabinet lights 4 Fluorescent closet lights 12 Porcelain fixtures Garage door opener Laundry to have 11 Ov washer and 220v dryer plugs. Install wiring for gas furnace. Install wiring for electric air conditioning. Hook up all electrical appliances — dishwasher, adjustable sink unit, cooktop, and ovens. Install a 30" vented hood. Install wiring for future call buttons in bedrooms, 2 keyless entry locks, 4 electric window operators, and hydraulic entry door openers. hisasst1940- 938long fellow- spec.doc 19 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held b� the City Council of Iowa City, Iowa at 7:00 p.m. on the 6 day of September, 2005, in Emma J. Harvat Hall in City Hall, 410 E. Washington Street, Iowa City, IA or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council receive comments on plans and specifications for the construction of a two family dwelling under the Affordabl le�DCearn Home OePortunities Program am located in Longfellow Tvlanor Subdivision. A copy of the plans and specifications are on file for public examination in the office of the City Clerk, City Hall, 410 E. Washington Street, Iowa City, IA. Persons wishing to make their views known concerning this matter, preferably in writing, will be given the opportunity to be heard at the above - mentioned time and place. Marian K. Karr, City Clerk Hisadrn/drea mhome- nph.do Printer's Fee $__w . 5 1 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED. ID # 42- 0330670 I, Orlene Maher, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS - CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper I times(s), on the following dates(s): A`lcfes F goc_q B,n 08 (LL4 / Legal Clerk Subscribed and sworn to before me this �)q­f'h day of A.D. 20 US Notary Public s `so LliADAKROTZ ` F Commission Number 732619 My Commission Expires January 27, 2008 OFFICIAL PUBLICATION NOTICE OF PUBLIC HEARING Notice is hereby given that a public hear- ing will be held by the City Council of Iowa City, Iowa at 7:00 . P.M. on the 6th day of September, 2005, in Emma J. Harvat Hall in City Hall, 410 E. Washington Street, Iowa City, IA or 9 said meeting Is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at Which hearing the Council receive comments on plans and specifications for the construction of a two family dwelling under the able Dream Home Opgorlunilies rogra Igawu m LVHgTeaOW manor Je)0msl0n. A copy of the plans and specifications are on file for public examination In the office of the City Clerk, City Hall, 410 E. Washington Street, Iowa City, IA. Persons wishing to make their views known con. coming this matter, preferably In writing, will be given the opportunity to be heard at the above-menfioned time and place. MARIAN K. KARR, CITY CLERK 64836 August 22, 2005 _ 'r c) r"7'75 Prepared by: Doug Boolhroy, HIS, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5121 RESOLUTION NO. 05 -301 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST OF THE CONSTRUCTION OF A DUPLEX HOME UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING THE CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing for the above -named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The plans, specifications, form of contract, and estimate of cost of 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% of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice of receipt of bids for the construction of the above -named project in a newspaper published at least once weekly and having a general circulation in the City. 4. Bids for the above -name project are to be received by the Cit� of Iowa City, Iowa, at the Office of the City Clerk, at City Hall, until 1:30 p.m. on the 6 day of October, 2005, or at a later date as determined by the Director of Housing and Inspection Services or designee, with notice of said later date to be published as required by law. Thereafter the bids will be opened by the Director of Housing and Inspection Services or designee and thereupon referred to the City Council of the City of Iowa City, Iowa for action upon said bids at its meeting of October 18, 2005, to be held in Emma J. Harvat Hall, City Hall, Iowa City, Iowa at 7:00 p.m., or if said meeting is cancelled, at the next meeting of the City Council thereafter posted by the City Clerk. Passed and approved this 6th day of September 20 05 AYOR ATTEST: 2?k �) �c CI CLERK hisadmhes/ADHOP 10 -05.dm Approved by City Attorney's Office Resolution No. 05 -301 Page 2 It was moved by Rai i Py and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: x x x x x x NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn Printer's Fee $B 3 cS CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED. ID # 42- 0330670 I, Orlene Maher, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS - CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper times(s), on the following dates(s): eA-,r 10 .0 V 5 Legal Clerk Subscribed and sworn to before me this SF04h day of A.D. 20 O'S / Notary Public a MyJaunnDRIRt1 uai 27, 2M 1 OFFICIAL PUBLICATION ADVERTISEMENT FOR BIDS CONSTRUCTION OF A DUPLEX HOME LOCATED ON LOT 12, LONGFELLOW MANOR SUBDIVISION, UNDER THE AFFORDABLE DREAM HOME OPPOR- TUNITIES PROGRAM Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 1:30 P.M. on the 61h day of October, 2005, or at a later date and /or time as determined by the Director of Housing and Inspection Services or designee, with notice of said later date and/or time to be published as required by law. Sealed proposals will be opened immediately thereafter by the Director of Housing and Inspection Services or designee. Bids submitted by fax machine shall not be deemed a "sealed bid' for purposes of this Project. 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 18th day of October, 2005, or at such later time and place as may be scheduled. The Project will involve the following: Construction of a single - family home and all necessary site work on Lot 12, Longfellow Manor Subdivision, Iowa City, Iowa All work is to be done in strict compli- ance with the plans and specifications which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, sep- arate from the one containing the pro- posal, by a bid bond executed by a cor- poration authorized to contract as a sure- ty in the Slate of Iowa, in the sum of 5 of the bid. The bid security shall be made pay -able to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City, ensuring the faithful performance of the contract and maintenance of said Project, ff required, pursuant to the provi- sions of this notice and the other contract docu- ments. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calen- dar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabula -lion of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100 %) of the contract price, said bond to be issued by a respon -sible, surety approved by the City Council, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the opera- tion of the contract, and shall also guar- antee the maintenance of the improve- ment for a period of one (1) year from and after its completion and formal accep -tance by the City. The following limitations shall apply to this Project: Completion Date: May 15, 2006 Liquidated Damages: $100 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of pro- posal blanks may be secured at the Office of the Director of Housing and Inspection Services, Iowa City, Iowa, by bona fide bidders. Prospective bidders are advised that the City of Iowa City desires to employ minor- ity contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other paries with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontrac- tors, together with quantities, unit prices and extended dollar amounts. if no minority business enterprises (MBE) are` utilized, the Contractor shall furnish doc- umentation of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242 -- 4721. By virtue of statutory authority, prof mence will be given to products and pro- visions grown and coat produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes, The Iowa Recipro -' cal Preference Act applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any - or all proposals, and also reserves the right to waive technicalities and irregu- larities. Published upon order of the City Council. of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK 65034 September 12, 2005 Prepared by: Doug Boothroy, HIS, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5121 RESOLUTION NO. 05 -373 RESOLUTION REBIDDING THE PROJECT FOR THE CONSTRUCTION OF A DUPLEX HOME UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM LOCATED ON LONGFELLOW PLACE, DIRECTING THE CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, bids were received on October 6, 2005 and the bid exceeded Staffs estimate by more than 10 percent; and WHEREAS, the Department of Housing and Inspection Services recommends the Council rebid the project; and WHEREAS, notice of public hearing for the above -named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The plans, specifications, form of contract, and estimate of cost of the above -named project were approved by Resolution #05 -301, September 6, 2005. 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% of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice of receipt of bids for the construction of the above -named project in a newspaper published at least once weekly and having a general circulation in the City. 4. Bids for the above -name project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at City Hail, until 3:00 p.m. on the 21st day of December, 2005, or at a later date as determined by the Director of Housing and Inspection Services or designee, with notice of said later-date to be published as required by law. The bids will be opened by the Director of Housing and Inspection Services or designee and thereupon referred to the City Council of the City of Iowa City, Iowa for action upon said bids at the first meeting thereafter. Passed and approved this 29th day of November _,20 05 ATTEST: // Ili c cr�c� 7�` /\424AJ CIT ERK WwdnVm ADHOP10 -05.do Approved by`�� ^ ` II -ad�n� City Attorney's Office Resolution No. 05 -373 Page 2 It was moved by Wilburn and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Elliott x Lehman x O'Donnell x Vanderhoef x Wilburn ADVERTISEMENT FOR BIDS CONSTRUCTION OF A DUPLEX HOME LOCATED ON LOT 12, LONGFELLOW MANOR SUBDIVISION, UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 3:00 P.M. on the 21s` day of December, 2005, or at a later date and /or time as determined by the Director of Housing and Inspection Services or designee, with notice of said later date and /or time to be published as required by law. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. The bids will be opened by the Director of Housing & Inspection Sevices or designee and thereupon referred to the City Council of Iowa City, Iowa, for action upon said bids at the first meeting thereafter. The Project will involve the following: Construction of a duplex home and all necessary site work on Lot 12, Longfellow Manor Subdivision, Iowa City, Iowa All work is to be done in strict compliance with the plans and specifications which have hereto- fore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surely in the State of Iowa, in the sum of 5% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100 %) of the contract price, said bond to be issued by a responsible surety approved by the City Council, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of one (1) year from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Completion Date: July 28, 2006 Liquidated Damages: $100 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of the Director of Housing and Inspection Services, Iowa City, Iowa, by bona fide bidders. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242 -4721. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK HisadMres radbids- ADH0Pdup1ex10 -05.do Printer's Fee $ 55 3S CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED. ID # 42- 0330670 I, Orlene Maher, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS- CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper__ times(s), on the following dates(s): YY I Au Legal Clerk Subscribed and sworn to before me this 94" day ofl)e_�,_ A.D. 20 0`S Notary Public c, DAKno'3 on Number 732699 lomrLn mmission Expire s uary 27, 2009 OFFICIAL PUBLICATION ADVERTISEMENT FOR BIDS CONSTRUCTION OF A DUPLEX HOME LOCATED ON LOT 12, LONGFELLOW MANOR SUBDIVISION, UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 3:00 P.M. on the 21st day of December, 2005, or at a later date and/or time as determined by the Director of Housing and Inspection Services or designee, with notice of said later date and/or time to be published as required by law. Bids sub - mitled by fax machine shall not be deemed a 'sealed bid' for purposes of this Project. The bids will be opened by the Director of Housing & Inspection Services or designee and thereupon referred to the City Council of Iowa City, Iowa, for action upon said bids at the first meeting thereafter. The Project will involve the following: Construction of a duplex home and all 'necessary site work on Lot 12, Longfellow Manor Subdivision, Iowa City, Iowa All work is to be done in strict compli- ance with the plans and specifica -lions which have hereto -fore been approved by the City Council, and are on file for public exam!- nation in the Office of the City Clerk, Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, sep- arate from the one containing thepro- posal, by a. bid bond executed by a cor- poration authorized to contract as a sure ty in the State of Iowa, in the sum of 5% of the bid. The bid security shall be made pay -able to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the success -ful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte -nance of said Project, if required, pursuant to the provi- sions of this notice and the other contract docu- ments. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calem dar days until a contract is awarded, or until rejec -tion is made. Other bid bonds will be returned after the canvass and tabula -tion of bids is completed and reported to the City Council. The sudoessful bidder will be required to furnish a bond in an amount equal to one hun -dyed percent (100%) of the contract price, said bond to be Issued by a respon -sible surety ap- proved by the City Council, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or Indirectly by the opera- tion of the contract, and shall also guar- antee the mainte -nance of the improve- ment for a period of one (1) year from and after its com- pletion and formal accep- tance by the City. The following limitations shall apply to this Project: Completion Date: July 28, 2006 Liquidated Damages: $1 DO per day The plans, specifications and proposed con -tract documents may be examined at the office of the City Clerk. Copies of said plans and specifi- cations and form of proposal blanks may be secured at the Office of the Director of Housing and Inspection Services, Iowa City, Iowa, by bona fide bidders. Prospective bidders are advised that the City of Iowa City desires to employ minor- ity contrac -tors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom -( the bidder Intends to subcon- tract. This list shall include the type of work and approximate subcontract amounl(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontrac- tors, together with quanti -ties- unit prices and extended dollar amounts. if no mmor- ity business enterprises (MBE) are uti. lized, the Contractor shall furnish docu- menta -tion of all reasonable, good faith efforts to recruit MBE's. ' A listing of minority contractors can be ob- tamed from the Iowa Department of Economic Development at (515) 242- 4721. By virtue of statutory authority, pref- erence will be given to products and prow -sions grown and coal produced within the Stale of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa Recipro -cal Preference Act applies to the contract with re -spect to bidders who are not Iowa rest- dents. The.City reserves the right to reject any or all proposals, and also reserves the right to waive hohni- calilies and irregu- larales. Published upon order of the City Council Of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK 70698 December 1, 2005 Prepared by: Doug Boolhroy, HIS, 410 E. Washington St., Iowa City, IA 52240 (M) 356 -5121 RESOLUTION NO. 06 -12 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT WITH REGAL CONSTRUCTION SERVICES, INC. FOR THE CONSTRUCTION OF A DUPLEX HOME UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, on September 14, 1993, City Council considered and passed Resolution No. 93 -255, approving a Section 5(h) Implementing Agreement with HUD for the conversion of public housing to private ownership, also known as the Tenant -to- Ownership program; and WHEREAS, under this agreement the proceeds for such sales must be used to expand affordable housing opportunities in Iowa City; and WHEREAS, the Iowa City Housing Authority has negotiated a contract with Regal Construction Services, Inc. for the construction of a duplex structure located on Longfellow Place in the amount of $267,280; and WHEREAS, the duplex homes would be sold under the Affordable Dream Home Opportunities Program to two families who earn up to 80% of the median income; and WHEREAS, the duplex homes would benefit the citizens of Iowa City by expanding affordable home ownership opportunities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Under the direction of the City Attorney, the Mayor and the City Clerk are hereby authorized to sign and attest a contract between the City of Iowa City and.Regal Construction Services, Inc. for the construction and acquisition of a duplex dwelling located in Longfellow Manor Subdivision. Passed and approved this Loth day of Tnnnary 20 nL MAYOR ATTEST: 1111212eyd i� W CIV- LERK hisadnVres /regal -ADHOPAx Approved by City Attorney's Office -1o.os 12 Resolution No. 06 -12 Page 2 It was moved by Champion and seconded by yanaerhoef the Resolution be adopted, and upon roll call there were: AYES: x x x x x x NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn A40odrttile- -traw. 13 ,io LorxqXeApu;7 AA"or / c4007 07 47 0-� CJDv-v4 e4erv-,cL4e a- cc�4 4w -1ko- c-owk-"vV% of [Jcoo Aoy",-cs (-Dc4ea 'Pr, LAS LI)nyAlltxo JiAoLnor kt-L(L'E+' 44,e- J1 L t_ cis -4jcA-CN- cX- Rovcr,',Y--,cL Tycsfes-4',cm- \-3 - A 8 v-tv-4 RzscAuAN' QV.., 4--T- b ?— epff r C> 0 tr.,5 picLrt's .5 0 - PIGLC.e- eccolc"l ,e 4v as YL� 4'r, u mck (ace f C(-S. <) General Specifications for Lot 13&16 Longfellow Subdivision 842/922 Longfellow Court and 840/920 Longfellow Place Iowa City, Iowa ,. I, , GENERAL REQUIREMENTS Q 91 General These specifications are the "Streamline" type and, therefore, omission of many such words as "the Contractor shall; the; a; according to the plans; all; etc." is intentional. In all cases, however, omitted words shall be supplied by inference when interpreting any instructions or directions in the specifications. All materials and equipment shown or specified on the plans or in the specifications, or required to complete the project ready for operation shall be provided and securely installed in place by the Contractor. Provision and installation of materials and equipment shall include everything required for perfect performance, regardless of omission of specific reference on the plans or in the specifications. Materials and equipment in the project shall be new. Workmanship shall be first class. The plans and specifications are basic, and they are presumably correct and complete. Any ambiguity, error or omission which may develop as a result of the requirements of the particular project shall be brought to the attention of, and corrected with the approval of the owner. The Contractor shall comply with all applicable laws of the City of Iowa City and shall be responsible for payment of fees for any permits and licenses required. The building and all related permit fees will be waived by the City. In the event of a conflict between various codes and manuals, the more stringent requirements shall be followed. The project shall be completed by September 1, 2008. The project is the construction of two (2) duplex structures; therefore, the General Specifications would be applied to each dwelling unit. Contractor's Responsibility Contractor is expected to provide and pay for: a. All labor, materials and equipment. b. Tools, construction equipment and machinery. C. Other facilities and services necessary for proper execution and completion of work. d. Legally required sales, consumer and use taxes. e. Permits, Government Fees and Licenses. 2. Contractor is required to give all required notices, comply with codes, ordinances, rules, regulations, orders and other legal requirements of public authorities which bear on- performance of this work. 11 oo 3. Contractor is to promptly submit written notice to the owner, of observed variance of Contract Documents from legal requirements. 4. Contractor is to enforce strict discipline and gi oq ; lq deQ afpp� Lqq employees. Contractor is not to employ unfit and unskilled persons for the ` assigned tasks. Neither the Contractor nor his /her subcontractors 'shall `ein'ploy a`ny'" persons whose physical or mental condition is such that his /her employment will endanger the health and safety of himself /herself or others employed on the project. The Contractor shall not commit any of the following employment practices and agrees to include the following clauses in any subcontracts: 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 job performance of such person or employee. 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. 5. It is deemed that each Contractor shall have acquainted himself /herself with the site and conditions under which construction is to be carried on in accordance with the plans and specifications. The Contractor will be held responsible for damage to new or existing work or property caused by improper execution of work or failure to take necessary precautions to prevent damage, and he /she shall repair or replace such damage to the satisfaction of the owner. C. Insurance Certificate of Insurance; Cancellation or Modification: a. Before commencing work, the Contractor shall submit to the Owner for approval a Certificate of Insurance, meeting the requirements specified herein, to be in effect for the full contract period. b. The Contractor shall notify the Owner in writing at least thirty (30) calendar days prior to any change or cancellation of said policy or policies. G. Cancellation or modification of said policy or policies shall be considered just cause for the Owner to immediately cancel the contract and /or to halt work on the contract, and to withhold payment for any work performed on the contract. 9 Minimum Coverage: Any policies or policies of insurance purchased by,,tltp Contractor, , to satisfy his /her responsibilities under this contract shall' inotude I ' rnntrant al liahility nnvarnne_ and shall be in the following type and minimum amounts: y Type of Coverage (1) Comprehensive General Liability (2) (3) (a) Bodily Injury (b) Property Damage Motor Vehicle Liability & Property Damage Insurance: (a) Bodily Injury (b) Property Damage Class II Each Occurrence Aggregate $500,000 $1,000,000 250,000 Per Person $500,000 Per Accident $1,000,000 250,000 Workers' Compensation Insurance as required by Chapter 85, Code of Iowa. In addition, the Contractor shall be required to comply with the following provisions with respect to insurance coverage: a. The entire amount of Contractor's liability insurance policy coverage limits, identified in the policy and on the Certificate of Insurance, must, under the policy, be available to pay damages for which the insured Contractor becomes liable, or for which the insured assumes liability under the indemnity agreement, 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. b. The entire amount of the Contractor's liability insurance policy coverage limits shall be payable by the Contractor's insurer, with no deductible to be paid by, or self- insured retention to be attributed to, the Contractor unless this requirement is waived by the Owner. Contractor's Certificate of Insurance must set forth the nature and amount of any such deductible or self- insured retention. C. 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 Owner prefers that Contractor provide it with "occurrence form" liability insurance coverages. If Contractor can only provide "claims- made" insurance coverages, then the Contractor must comply with the following requirements: (1) If the Contractor changes insurance carriers, or if ' Contractor's insurance coverage is cancelled, during the contract period or within two years after completion of the Contract and Owner's acceptance of the work, Contractor'' agrees to immediately notify the Owner of such event. (2) If Contractor's insurance is cancelled or is allowed to lapse.,, .. .. during said period, Contractor shall be required to obtain replacement insurance coverage to fulfill its obligation hereunder. (3) If, during said period, Contractor involuntarily changes insurance carriers, or is required to obtain replacement coverage from another carrier, Contractor shall either purchase "tail" coverage from its first carrier effective for a minimum of two years after inception thereof, or (2) purchase "prior acts" insurance coverage from its new carrier, covering prior acts occurring during the period of this Contract from and after its inception. (4) "Tail" or "prior acts" coverages so provided shall have the same coverages, with the same limits, as the insurance specified in this Contract, and shall not be subject to any further limitations or exclusions, or have a higher deductible or self- insured retention than the insurance which it replaces. (5) The Owner reserves the right to waive any of the insurance requirements herein provided. The 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. (6) In the event that any of the policies of insurance or insurance coverages 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 loses exhaust the aggregate limits of Contractor's liability insurance, the 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. 4. Hold Harmless; Endorsement Required: a. The Contractor shall indemnify, defend and hold harmless the Owner, the City of Iowa City, and its officers, employees, and agents from any and all liability, loss, cost, damage, and expense (including reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of any claims, . actions, or suits based upon or alleging bodily injury, including death, 'or property damage rising out of or resulting from the Contractor's operations under this Contract, whether such operations, b, himself or herself or by any Subcontractor or by anyond directly or, l indirectly employed by either of them. b. The Contractor is not, and shall not be deemed tolbe, and agent ; or employee of the City of Iowa City, Iowa. D. Cooperation and Coordination The Contractor shall cooperate with the Owner, Owner's Representative, and other contractors, if any, to ensure rapid and accurate completion of the work, and he /she shall assist the Owner in coordination. E. Temporary Facilities The Contractor shall maintain any office, storage facilities, or protection required by his operators. Temporary facilities and products shall conform to the codes, ordinances, and requirements of all regulatory agencies having jurisdiction over the project. Agencies included, but not limited to: a. O.S.H.A. b. State of Iowa G. City or Municipality of project d. Uniform Building code - most current edition 3. Contractors shall consult with utility companies and include in their bid any costs for connection, extensions, relocations, installation, and removal of any temporary facilities, such as sewer, water, gas, electrical, telephone, cable TV, etc. 4. Access to the site shall be coordinated with the Owner. 5. Contractor shall protect existing facilities and repair any damages to the satisfaction of the Owner. 6. Contractor will provide electric power, water and phone for the duration of the project. Contractor shall provide temporary heat if required. Contractor shall provide stoves, salamanders, furnaces, or "Herman Nelsons" with self contained fuel supplies to maintain temperatures required during cold weather. During concrete and masonry work, temperatures above +32° F shall be maintained in enclosures. Temperatures shall be elevated for sheet rocking and painting to material manufacturer's recommendations and maintained thereafter. Temporary heat shall cease when permanently installed hearing units are useable. 8. Contractor shall provide his own on -site portable toilet or otherwise comply with O.S.H.A. regulations. F. Substitutions Contractor shall prepare base bid with the intent of furnishing materials,, and equipment as specified. If materials or equipment cannot be furnished as specified, substitute materials or equipment capable of equal performance may be used UPON WRITTEN APPROVAL, OF;THE OWNER. ` 2. If substitutions are to be made after a construction contract has been approved, the contract shall be amended accordingly by a contract amendment to provide for the change. 3. In making a request for substitution, the supplier /contractor represents: a. Contractor has personally investigated proposed product or method, and determined that it is equal or superior in all respects to that specified. b. Contractor will provide the same guarantee for substitution as for products or method specified. C. Contractor will coordinate installation of accepted substitution into work, making such changes as may be required for work to be completed in all respects. 4. Substitutions will not be considered if: a. Acceptance will require substantial revision of Contract documents. G. Standards Reference made to standards of the American Society of Testing Materials (ASTM), A.G.A., NBFU, Underwriters Laboratories, American Institute of Electrical Engineers, N.E.M.A., and the National Electrical Code, and other similar organizations and publications, refer to specifications of latest revision. All work shall be in strict accordance with Codes and Statutes of the State of Iowa; codes, statutes, ordinances and resolutions of both the city and county; and other local codes as applicable. Additionally, all work shall meet the requirements of the local gas and electric utilities, and the Owner's insurance companies. Should any work on drawings or herein be contrary to above, the work shall be executed in accordance with said ordinances, statutes, code and requirements, but not until the points in question have been referred to the Owner for approval. H. Proiect Close Out When the Contractor considers the project complete and in acceptable operating condition, he /she shall notify the Owner. The Owner shall then make the final inspection and tests to determine that to the best of his /her knowledge, the project is complete and erected in accordance with the Contract, including any amendments thereto. Should the Owner consider the work not complete, he /she shall immediately notify the Contractor. The Contractor shall then complete incomplete areas and notify owner.; Owner shall then re- inspect facilities. 2. Contractor shall provide the following Close Out Submittals: n a. Operation and maintenance data. b. Guarantees, warranties and bonds. C. Certificates of Inspection. d. Contractor's affidavit of payment of debts and claims. e. Contractor's affidavit of release of liens. f. Separate waivers of liens for subcontractors, suppliers, and others with lien rights against property of Owners, together with list of those parties. g. Iowa St -172 Sales Tax Form for Owner's use. Cleaning Maintain premises and public properties free from accumulations of waste, debris, and rubbish caused by operations. 2. At completion of work, remove waste materials, rubbish, tools, equipment, machinery and surplus materials, and clean all sight- exposed surfaces. Leave project clean and ready for occupancy. 3. Contractor shall obtain necessary permits, if required, from City and /or County for disposal of construction wastes and debris. Disposal shall be in lawful facilities. J. Safety Requirements Construction and clean -up must meet all requirements of the Standards issued pursuant to Public Law 91 -596 (29 U.S.C. 65), "Occupational Safety and Health Act of 1970 ". K. Cutting and Patchinq Contractor shall perform all cutting and patching (also excavation and backfill) required due to obstructive existing conditions, ill timed or poorly executed work, and testing or inspection requirements. Contractor shall restore all patched surfaces to their original or to better condition and shall make adequate provision for the protection of all surrounding work and provide for adequate public safety. Patched areas shall match existing adjacent areas in appearance. Contractor shall not cut structural members without prior written approval of the Owner. L. Contract Compliance Program For all contracts and subcontracts of $25,000 or more, the Contractor and all affected subcontractors shall abide by the requirements of the City's Contract Compliance Program, which is included with these specifications. M. Working Days Except for such work as may be required to properly lnaihtaip lights I and a barricades, no work will be permitted on Sundays or legal holidays without specific permission of the Owner. :s N. Work During an Emergency The Contractor shall perform any work and shall furnish and install any materials and equipment necessary during an emergency endangering life or property. In all cases he /she shall notify the Owner of the emergency as soon as practicable, but shall not wait for instructions before proceeding to properly protect both life and property. 0. Exposing Utilities The Contractor shall expose all utilities at the request of the Owner for purposes of investigation. This work shall be considered incidental to the Contract and no additional compensation shall be granted. If a utility is encountered during construction, the utility shall be protected. If a utility is damaged by the Contractor during construction, the utility shall be repaired by the Contractor at no cost to the City. P. Minor Work Any minor work not specifically mentioned in the Specifications or shown on the plans, but obviously necessary for the proper completion of the work shall be considered as being a part of and included in the Contract and shall be executed in the proper manner and the Contractor shall not be entitled to extra or additional compensation for the same. Q. Release of Claims The Contractor shall deliver to the Owner a complete release of all claims arising out of this Contract before the final pay, estimate is paid. If any claim remains unsatisfied after all payments are made, the Contractor shall refund to the Owner such amounts as the Owner may have been compelled to pay to discharge such claims, including all costs and a reasonable attorney's fee. R. Sales Tax The City of Iowa City is exempt from all Federal, State of Iowa and.other states' taxes on the purchase of commodities and services used by the City of Iowa City within the State of Iowa. The Purchasing Division shall provide tax exemption certification to out -of -state suppliers as required. Out -of -state taxes imposed on purchases of commodities and /or services which are used within another state are applicable and subject to payment. Contractors shall bill the City Accounting Division, including tax, for contracts pertaining to the alteration, construction or repair of real property. The Contractor shall provide the necessary Iowa Department of Revenue Contractor's Statement (one tsubcontractor). b r e Accounting Divisi on shall then the State of Iowa for tax reimbursement. Contractors and subcontractors shall pay all legally required sales, consumer and use taxes on all commodities and /or services purchased or rented to complete their contract. Guarantee Unless otherwise specified, the Contractor shall unconditionally guarantee the materials and workmanship on all equipment furnished for a minimum period of one (1) year from date of acceptance of the items delivered and installed. If, within the guarantee period, any defects or signs of deterioration are noted which in the Owner's opinion are due to faulty design, installation, workmanship, or materials, the Contractor, upon notification and at his /her expense, shall repair or adjust the equipment or parts to correct the condition or he /she shall replace the part or entire unit to the complete satisfaction of the Owner. These repairs, replacements or adjustments shall be made only at such time as shall be designated by the Owner as least detrimental to the operation of the Owner's business. Regardless of any statement to the contrary, the Contractor agrees that the implied warranty of merchantability and fitness for a specific purpose is not disclaimed. T. Pavment Provisions 1. Payment Terms. Payment may be made only after inspection and acceptance by the owner. No partial payments shall be made unless otherwise authorized by the Owner, or unless commodities were constructed, erected, installed or tested on site, in which case, payment shall be made on the basis of a percentage of the value of all work performed less any previous payments. Payment of balances shall be made only after approval and final acceptance of the Owner. 2. Withholding Payment. Consideration for withholding payment shall include faulty materials, equipment, or workmanship, back orders, and liens that have been filed, or evidence indicating a possible filing of claims. In all cases, regulation and limitations imposed by the Federal Government and State of Iowa shall prevail. 3. Invoicing. Following acceptance, payment shall be made within thirty (30) calendar days from receipt of proper invoice. Invoice shall include department name, dollar amount, and any other pertinent information. Submit invoice in duplicate to: Iowa City Housing Authority Attention: Doug Boothroy Civic Center - 410 E. Washington St. Iowa City, Iowa 52240 U. Note 1. Final colors and manufacturers to be approved by the Owner. 2. All quantities and locations shall be as indicated on the plans. 2. SITEWORK A. Excavation 1. Excavation consists of removal and disposal of material encountered when establishing required finish grade elevations. 2. Material storage: Stockpile satisfactory excavated materials where directed, until required for backfill or fill. Place, grade, and shape stockpiles for proper drainage. Locate and retain soil materials away from edge of excavations. Dispose of excess soil materials and waste materials as herein specified. 3. Cold weather protection: Protect excavation bottoms against freezing when atmospheric temperature is less than 35 °F (1 1C). 4. Over excavation and backfill procedure (if required): a. Where unsuitable bearing material is encountered below design footing level, overexcavate as shown above. b. Minimum depth D =W for continuous footings and minimum depth D ='/ W for isolated footings. C. Place fill below footing level in 9 -inch loose lifts. B. Backfill and Fill 1. General: Place acceptable solid material in layers to required subgrade elevations, for each area classification listed below: a. In excavations, use satisfactory excavated or borrow material. b. Under walks and pavements, use subbase material or satisfactory excavated or borrow material, or combination of both. C. Under building slabs, use granular base fill material. d. Around foundation drainage tile, use drainage fill material. 2. Backfill excavations as promptly as work permits, but not until completion of the following: a. Acceptance of construction below finish grade, including, where applicable, damp - proofing and waterproofing is required. b. Inspection, testing, approval, and recording locations of underground utilities. C. Removal of trash and debris. 10 C. Grading 1. Site shall be shaped to rough grade profiles and contours to erfsure desired site surface drainage. Final grading, ready to receive sodding. 2. Grade areas adjacent to building lines to drain away from structures and to prevent ponding. 3. Entire lot to be sodded. D. Site Utilities 1. Description a. This section covers the installation of the following utility service items for utility main lines to the building. 1. Water service. 2. Sanitary sewer service. 3. Electrical and phone service by others. 4. Subsurface drainage system. b. Any items not specifically noted, but reasonably necessary for a complete installation, shall be furnished and installed under this Contract. 2. Codes and Permits Materials and installation shall conform to all state and local codes and regulations governing the trades included in this work. Requirements of these plans or specifications, not conflicting therewith, but exceeding code requirements shall govern. The Contractor shall ; obtain all necessary permits required for this work. He /she shall also arrange for all inspection, examinations, or approvals required by governing ordinances thereof. Should Contractor fail to coordinate this before backfilling, he /she will open the work for inspection at no additional cost to the Owner. 3. Products a. Water Services 1. All piping and fittings for service (as shown on drawings) shall be Copper Tubing Type "K" deoxidized, ASTM 68871 hard tubing with brass fittings as manufactured by Mueller, American or Revere Brass Company. b. Sanitary Sewer Services Sanitary sewer piping shall be standard strength, vitrified clay sewer tile, cast iron sewer pipe, or rigid PVC Schedule 40 sewer pipe. C. Electric and Telephone Services 11 3. 13 1. Electric and telephone service from the main lines to the structure are to be coordinated with the relevant local utilities. The Contractor shall be responsible for, contacting representatives of these utilities and coordinating the ` installation by the utilities of these permanent services, so that they are in place at the time of final acceptance of the. project. , d. Subsurface Drainage System 1. As required in the subdivision agreement, basements must be equipped with a sump pump and adequate foundation tile which discharge into the subsurface drainage system. Proper installation of the sump pump and the foundation the are the sole responsibility of the Contractor and the City is not responsible for inspecting the installation of sump pumps and foundation tile. Finally; discharge from down spouts and roof drains into the subsurface drainage system is prohibited. To ensure compliance with these conditions, the Contractor will contact the Owner after installation and prior to backfilling. E. Waterproofing: 4" perimeter ADS drain inside and outside of foundation to terminate at grade. CONCRETE A. Foundation: Concrete walls 8" thick on an 8 "x16" continuous footing (see Foundation Plan). B. Garage Floor: 4" concrete with re -rod 24" on center. Trowel finish. C. Basement Floor: 4" concrete over poly -vapor barrier. Trowel finish. D. Driveway: 4" concrete with re -rod 24" on center entire width of garage. Light broom finish. E. Walks: 4" concrete. Light broom finish. NO WORK 5. NO WORK C� WOODS & PLASTICS A. Exterior Wall: 2x6 studs, 16" on center with 7/16 OSB sheathing, Tyvek house wrap, vinyl lap siding. B. Interior Walls: 2x4 studs, 16" on center. C. Roof System: Pre - engineered roof trusses or "I" joists 24" on center as noted on plans with 15/32" OSB sheathing. 12 D. Floor System: No. 2 Douglas Fir lumber and T' joist at 16" on- center as noted on plans with 3/" tongue and groove subfloor. E. Millwork: 1. Lumber shall be sound and dry, selected for compatibility of grain and color and containing no defects that cannot be concealed by finishing' methods for stained transparent finish. 2. Scribing and joining shall accomplish hair -line joints. Finish trim corners shall be mitered, trim other than finish may be butted. 3. Pre - finished wood baseboard to match interior doors, frames and casing shall be nominal 3" high. F. Cabinetwork: 1. Grade: a. All cabinets shall bear the label of an independent inspection agency that maintains continuous control over the testing and inspection of the cabinet. The label shall identify the manufacturer's name or symbol and indicate compliance with the applicable standards. 2. Species: a. Exposed members shall be oak or maple with veneered portions plain sliced. 3. Hardware: a. The cabinet manufacturer shall furnish and install cabinetwork hardware. 4. General: a. Face frames and cabinet doors shall be not less than 3/" thick hardwood. b. Cabinets shall be constructed with horizontal lumber webframes, vertical plywood walls, or panels or lumber faceplates. Cabinet C. Cabinet bottom shall be minimum ' /z" thick except in sink unit where ''/d' tempered hardboard may be loose set on web frame for access to service lines. d. Cabinet backs shall be 1/4" minimum thickness plywood or hardboard. In base cabinets where no drawers occur, backs may be made removable from the interior of the cabinet. e. Drawer bottoms shall be 1/4" minimum thickness plywood. 13 7 f. Drawer sides shall be beveled top edges and plowed bottoms to receive drawer bottom. g. Fixed web frames and shelves shall be joined to ends�or vertical ' dividers with stop dado. h. Adjustable shelves shall be supported on surface applied shelf standards and brackets. Both edges but not ends of adjustable shelves shall be edged with hardwood. Shelves shall be 5/8" minimum thickness. i. Countertop assemblies shall consist of plastic laminate over plywood or other approved material. Sink cut -outs shall be made by templates provided by sink supplier. Edges of cut -outs shall be permanently sealed to prevent water absorption. j. Flush type doors shall be' / <" thick for maximum size 36" wide by 48" high or oak or maple wood. k. Bases shall be solid oak or maple (matched to cabinet) only, set to provide a toe space 2 -1/4" deep by 4" high above finished flooring material for cabinets. Where similar individual units are assembled together into one integral items, the base may be solid yard lumber securely attached to the floor as a single unit. I. Cabinetwork shall be pre- finished by the manufacturer. M. Stain colors, wood types and cabinet patterns shall be selected by the Owner from the manufacturer's full palette. (1) Manufacturers: BRAMMER; KITCHENCRAFT, ENCORE, OMEGA, OR APPROVED MANUFACTURER. G. Closet Shelving: Vinyl coated wire shelving in all closets. One shelf and rod in each clothes closet. Five shelves in each linen and pantry closet. One shelf in laundry closet. THERMAL AND MOISTURE PROTECTION A. Foundation: Hydrocide or other approved material waterproofing applied to exterior concrete walls below grade. B. Building Insulation: 2" extruded polysterene perimeter foundation insulation Exterior walls; 6" R -19 Friction fit batts. House to garage wall; 3'/" Kraft -faced stapled in place. Basement walls; minimum R -10. Flat lid; 12" blown -in Rockwool R -38. Baffles; placed in every other truss. C. Shingles: 235# Certainteed Sealdon 25 asphalt shingles or approved equal. D. Siding: Double 4" Vinyl siding with aluminum soffits and fascia. 14 E. Gutters and Downspouts: Seamless aluminum. 8. DOORS AND WINDOWS A. Exterior Doors: Front door shall be a fiberglass insulated door with % glass — smooth, with accessible thresholds. Garage door to house - flush steel insulated door ` smooth. Overhead door — Lot 13, 16'x7' steel flat panel with a 1/3 HP operator and two transmitters. Lot 16, 16'x7' steel flat panel with glass at top panel and a 1 -1/3 HP operator and two transmitters. B. Wood Doors: 1. All interior doors shall be 1 -3/8" thick hollow core wood doors with wood frame. 2. Pre - finished doors and frames shall be pre -hung. 3. Doors shall be pre- bored, ready to receive door hardware. 4. Finish to be selected by owner. C. Windows: Vinyl double hung by KOLBE VINYL WINDOWS or an approved equivalent as indicated on the plans, with insulated glass and screens. D. Finish Hardware: 1. Entrance, privacy and privacy locks are SCHLAGE- GEORGIAN SERIES or an approved equivalent. Deadbolts at all entry doors. 2. All door levers are to be ADA compliant. 3. Provide TRUTH HARDWARE ADA casement cranks or approved equivalent on all operable windows. �I►1i+ MM A. Gypsum Wall Board: Ceilings - 5/8" sheetrock with three coats paint and a Knockdown texture. walls -' /i' sheetrock with three coats tape and orange peel texture. Garage - one coat tape. B. Paint and Stain: Interior walls, including interior garage walls, are to be primed and finish coated. Interior window jambs, etc., are to be stained, sealed, and varnished. Entry doors are enamel coated. 15 C. Floor Covering: 1. Carpet E 3. a Style: CK043 CK043 Pile Yarn Content: Spun 100% polyester Yarn Twists per Inch: 5.0 x 4.8 Fabric Type: Cut pile Fiber Treatment: Mohawk approved polyester Gauge: 1/8 C Pile Height: .440 Stitches per Inch: 8.83 Finished Pile Weight: 39.50 oz. Total Weight: 71.00 oz. Density: 3232 Dye Method: Beck Primary Backing: Woven polypropylene Secondary Backing: Woven polypropylene FHA Information: MEA # 45694 Type:I Class:1 Type: 11 Class:1 Texture: F Performance Appearance Retention (PAR) Rating: 3.50 Indoor Air Quality #: 13427678 Flammability: Pill Test - 16CFR -1 630.4 (FF -1 -70): Pass a. MOHAWK INDUSTRIES, INC. b. Approved equal. Sheet Vinyl Flooring: a. Colors and patterns: as selected by Owner from manufacturer's standards. b. Sheet vinyl flooring shall be residential grade with 0.060" minimum thickness. C. Pattern and color shall extend through full thickness, complying with FS L -F -475, Type IL d. Manufacturers: Armstrong, Congoleum, Tarkett, or approved equal. Adhesives (Cements); Waterproof, stabilized type as recommended by flooring manufacturer to suit material and substrate conditions. Leveling Compound: Latex type as recommended by flooring manufacturer. 16 10. SPECIALTIES A. Toilet And Bath Accessories 1. Grab bars: Vinyl, ADA compliant grab bars by HEWI or approved equivalent. Grab bars shall be screw mounted into wood studs or blocking, and mounted 33 " -36" from center line to finished floor. Provide' grab bars at toilets, shower and tub /shower. 11 e 2. Toilet paper holder: Vinyl, by HEWI or approved equivalent. Surface mount with screws on adjacent vanity base cabinet or wall mount. 3. Mirror: Lot 13, provide 36 "x48" mirrors, and Lot 16, provide 48 "x48" mirrors at bathroom vanities. Install chrome - plated channel to support mirror along top and bottom edges. 4. Recessed medicine cabinet: mount no higher than 48" from base of cabinet floor. 5. Hand shower holder bar: Vinyl, by HEWI or approved equivalent. 6. Provide scald protection panel at vanities. 11. EQUIPMENT A. Appliances: 1. Wall Oven: Side -open wall oven by FRIGIDAIRE MODEL GLEB27S7CB or approved equivalent. 2. Cooktop: 30" electric cooktop with glass ceramic surface and controls located at front of unit. a. GE b. Amana /Maytag C. Frigidaire d. Whirlpool e. Approved Equivalent 2. Range Hood: 30" ventilating type hood for mounting below wall cabinets, with 2 -speed fan, permanent washable filter, built -in lighting, baked -on enamel finish, rated at 160 cfm, minimum. a. GE b. Amana /Maytag C. Frigidaire d. Whirlpool e. Approved equivalent 3. *Refrigerator /Freezer: Free - standing, side -by -side two door unit; automatic (self) defrosting freezer, separate refrigerator and freezer temperature controls; storage features including adjustable slide -out shelves, door shelves and in -door water and ice dispenser. Minimum capacity values, measured according to ANSI B 38.1 and certified by 1 7 ARAM, for refrigerator volume is 18 cubic feet, with 25.0 square feet of total shelf area. a. GE b. Amana /Maytag c. Frigidaire d. Whirlpool e. Approved equivalent 4. "Dishwasher: Standard size built -in five -cycle dishwasher with a pots and pans cycle and temperature boost. Door shall be easy to open with no levers. a. GE b. Amana /Maytag C, Frigidaire d. Whirlpool e. Approved equivalent Shall have highest Efficiency Rating provided by the manufacturer and must be approved by the Owner. 12. NO WORK 13. NO WORK 14. NO WORK 15. PLUMBING A. Fixtures: Tub /shower: Fiberglass (white) with ADA compliant grab bar, waste and overflow drain. Ceramic tile roll -in shower with recessed floor or approved curbless fiberglass unit (white) Shower heads: Hand -held with adjustable holder bar and 60" hose Bath /shower faucet: pressure balanced with scald protection, ADA compliant valve lever, separate temperature control lever. Master bath toilet: (white) ADA compliant with stool seats (white). Bath 2 toilet: (white) with stool seats (white). Lays: (white) ADA compliant Lav faucets: Single -lever valve Kitchen sink: Stainless steel, two basins with waste and overflow drain. Kitchen faucet: Single -lever valve with integral hand -held sprayer. 'Water heater Relief valve 2 exterior hose bibs B. HVAC 'Furnace - gas fired forced air. *Air Conditioner - condenser with evaporator "A" coil, complete with refrigeration lines plenum adapter, 18 16. condensate drain, controls, metalbestos chimney, vent pipe, combustion /ventilation air duct, gas piping, all supply,- air and return air distribution systems. Shall have the highest Efficiency Rating provided by the manufacturer and must be approved by the owner. ELECTRICAL A. Electrical Service: h1sassR 982 - 985 -Lott U16- Longfellow- spec.doc Install a 100 AMP service of the breaker type entrance Electrical panel shall be mounted no higher than 54" above the floor All switches shall be the 15 AMP easy -touch rocker type mounted 42" above floor All plugs shall be ground type mounted 24" above floor All plates for switches and plugs All wiring to be grounded in Romex Chime and signal light wiring for two doors 6 Pre -wires for telephones 6 Pre -wires for television plugs 5 Smoke detectors 6 Recessed kitchen can lights 2 Ceiling fans with lights 1 Ceiling fan without light 7 Surface mounted lights 2 Weatherproof exterior plugs 2 Exterior recessed can lights 2 Bedroom ceiling lights 1 Exterior double spot light 2 Bath fan /lights 2 Bath shower lights 2 Bath vanity lights Fluorescent kitchen under - cabinet lights 4 Fluorescent closet lights 3 Porcelain fixtures: 1 in utility closet; 2 in garage Garage door opener Laundry to have 11 Ov washer and 220v dryer plugs Install wiring for gas furnace Install wiring for electric air conditioning. Hook up all electrical appliances — dishwasher, cooktop, and ovens Install a 30" vented hood Install wiring for future keyless entry locks and hydraulic entry door openers 19 11-05-07 4e(2) Prepared by: Doug Boolhroy, HIS, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5121 RESOLUTION NO. o7-315 RESOLUTION SETTING A PUBLIC HEARING FOR NOVEMBER 27, 2007 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, & ESTIMATE OF COST FOR THE CONSTRUCTION OF TWO DUPLEX HOMES LOCATED ON LOTS 13 & 16, LONGFELLOW MANOR SUBDIVISION, UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE DIRECTOR OF HOUSING AND INSPECTION SERVICES TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Be it resolved by the City of Iowa City, Iowa, that a public hearing on the plans, specifications, form of contract, and estimate of cost for construction of the above project is to be held on the 27h day of November at 7:00 p.m. in the Council Chambers, Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above -named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four nor more than 20 days before said hearing. 3. A copy of the plans, specifications, form of contract, and estimate of cost for construction of the above -named project is hereby ordered placed on file by the Director of Housing and Inspection Services in the Office of the City Clerk for public inspection. Passed and approved this 5th day of November 20_U MA OR ATTEST: // �J CITY 'CLERK wpdatalhlsadm/res/adtwpl OQB.do Approved by City Attorney's Office Resolution No, 0r7_315 Page 2 It was moved by Railer and seconded by adopted, and upon roll call there were: AYES: x x _x_ x x x x NAYS: Correia ABSENT: the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Publish 11/13 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m., on the 27th day of November, 2007, in the Council Chambers, Emma J. Harvat Hall, City Hall, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will receive comments on plans and specifications for the construction of two duplex homes located on Lots 13 and 16, Longfellow Manor Subdivision under the Affordable Dream Home Opportunities program. Copies of the plans and specifications are on file for public examination in the office of the City Clerk, City Hall, 410 E. Washington St., Iowa City, Iowa. Persons interested in expressing their views concerning this matter, preferably in writing, will be given the opportunity to be heard at the above - mentioned time and place. MARIAN K. KARR, CITY CLERK Printer's Fee $ i� CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED. ID # 42- 0330670 I, , ilo�Q s� 1_�, � D.janl�ecicka, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS - CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper_ time(s), on the following date(s): Legal Clerk Subscribed and sworn to before me this /q-/" day of I - A.D. 20 K-) �. Notary Public r �t ®Aatt�il :, ,� * Commi -,ion Number 732510 rte' fly Commission G':m January 27 200B OFFICIAL PUBLICATION NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m., on the 27th day of November, 2007, in the Council Chambers, Emma J. Harvat Hall, City Hall, 410 E, Washington Street, Iowa City, Iowa, or it said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will receive comments on plans and specifications for the construction of two duplex homes located on Lots 13 and 16, Longfellow Manor Subdivision under the Affordable Dream Home Opportunities program. Copies of the plans and specifications are on file for public examination in the office of the City Clerk, City Hall, 410 E. Washington St., Iowa City, Iowa. Persons interested in expressing their views con earning this matter, preferably in writing, will be given the opportunity to be heard at the above - mentioned time and place. MARIAN K,.KARR, 63106 November13, 2007 ADVERTISEMENT FOR BIDS CONSTRUCTION OF TWO DUPLEX HOMES LOCATED ON LOTS 13 & 16, LONGFELLOW MANOR SUBDIVISION, UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, before 10:00 A.M. on the 7th day of January, 2008, or at a later date and /or time as determined by the Director of Housing and Inspection Services or designee, with notice of said later date and /or time to be published as required by law. Sealed proposals will be opened immediately thereafter by the Director of Housing and Inspection Services or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. 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 150' day of January, 2008, or at such later time and place as may be scheduled. The Project will involve the following: Construction of the duplex homes and all necessary site work on Lots 13 & 16, Longfellow Manor Subdivision, Iowa City, Iowa All work is to be done in strict compliance with the plans and specifications which have hereto- fore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 5% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100 %) of the contract price, said bond to be issued by a responsible surety approved by the City Council, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of one (1) year from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Completion Date: September 1, 2008 Liquidated Damages: $100 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of the Director of Housing and Inspection Services, Iowa City, Iowa, by bona fide bidders. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242 -4721. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK HisadMres /adb1ds- ADH0Pdup1ex11 -1ldo Prepared by: Doug Boothroy, HIS, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5121 RESOLUTION NO. 07-3"11 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST OF CONSTRUCTION OF TWO DUPLEX HOMES UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM LOCATED ON LOTS 13 & 16, LONGFELLOW PLACE, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING THE CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing for the above -named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The plans, specifications, form of contract, and estimate of cost of 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% of the bid payable to the Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice not less than four and not more than 45 days before the date for filing for bids for the construction of the above -named project, in a newspaper published at least once weekly and having a general circulation in the City. 4. 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 City Hall, before 10:00 a.m. on the 7th day of January, 2008, or at a later date as determined by the Director of Housing and Inspection Services or designee, with notice of said later date to be published as required by law. Thereafter the bids will be opened by the Director of Housing and Inspection Services or designee and thereupon referred to the City Council of the City of Iowa City, Iowa for action upon said bids at its meeting of January 15, 2008, to be held in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa at 7:00 p.m., or if said meeting is cancelled, at the next meeting of the City Council thereafter posted by the City Clerk. Passed and approved this 27th day of November / , 20 07 C/ l�J MAYOR ATTEST: A(c! ut� e. 9t'm CITY -CLERK hisadm /res/ADHOP11- 13 -07.dm Approved by City Attorneys Office Resolution No. 07 -331 Page Z It was moved by 0,➢onnell and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey _} Champion x Correia x Elliott x O'Donnell x Vanderhoef x Wilburn Printer's Fee $ !'!-)0( to # CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED. ID # 42- 0330670 DianaiXecicka, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS - CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper_ time(s), on the /following date(s): Legal Clerk Subscribed and sworn to before me this (n`11` day o �.� A.D. 20--b }_. otary Public ' z�.'a`TO LINDARO'rZ Com nfsslon Numtler 732618 '-t f6y COmmfssion Expire; L January 27, 20 OFFICIAL PUBLICATION ADVERTISEMENT FOR BIDS CONSTRUCTION' OF TWO DUPLEX HOMES LOCATED ON LOTS. 13 & 16, LONGFELLOW MANOR SUBDIVISION, UNDER THE .AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, before 10:00 A.M. on the 7th day of January, 2008, or at 2 later dale, and/or time as determined: by the Director of Housing and Inspection. Services or designee, with notice ofsafd later dale and /or time to be published as required by law. Sealed proposals will be opened immediately thereafter by the Director of - Housing and Inspection Sewices or ,no in and examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a seated envelope, sep- arate from the one containing the propos- al, by a bid bond executed by a corpora- tion authorized to contract as a suretv in post bond satisfactory to the ing the faithful performance od or feted and reported to the I bidder will be required to n an amount equal to one and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the Improvement for a period of one (1) year from and after As completion and formal acceptance by the Cittyy Tho following limitations shall apply to this Project;' Completion Date: September 1; 2008 Liquidated Damages: Sl00 per day The plans, specifications and proposed contract documents may be examined at posal blanks may be secured at the Office of the Director of Housing and Inspection Services, Iowa City, Iowa, by bona fide bidders. Prospective bidders are advised that the City of Iowa City desires to employ minor- ity contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder Intends to subcontract. This list shall include the type of work and approx- imate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontrac- faith n be it of 4721. By virtue of statutory at erence will be given to prods visions grown and Coal pro r Iowa Reciprocal to the contract vho are Prot Iowa ahl to refect any ides. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK 63458 December 3, 2007