HomeMy WebLinkAbout6/30/14 specificationsmanual2014
ADDENDUM NUMBER 1
DATE: 05.21.2014
Project: Iowa City Animal Care and Adoption Center
Project No. 11.082
From: Neumann Monson PC Phone: 319/338-7878
221 East College Street
Suite 303
Iowa City, Iowa 52240
To: Plan Holders
This addendum forms a part of the contract documents and modifies the original bidding documents
dated April 25, 2014 as noted below.
Acknowledge receipt of this Addendum by placing the number (1) in the appropriate blank provided on
the bid form. Failure to do so may subject the Bidder to disqualification.
This Addendum consists of 3 pages and the following attachments:
MODUS’ ADDENDUM 1 (Mechanical/Electrical/Plumbing Consultant)
NOTICE TO BIDDERS
DOCUMENT FP – FORM OF PROPOSAL (REVISED) – printed on colored paper
PREBID CONFERENCE AGENDA
PREBID CONFERENCE SIGN IN SHEET
CURRENT PLAN HOLDERS LIST
23 0923; DDC SYSTEM WITH NIAGARA FRAMEWORK
23 0993; SEQUENCE OF OPERATION
M-301R1
M-302X1
M-303R1
M-303R2
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CHANGES TO PRIOR ADDENDA:
(NONE)
CHANGES TO INTRODUCTORY INFORMATION:
ITEM 1-1 REFER TO THE COVER PAGE OF THE PROJECT MANUAL
Add/Insert
A. ‘BID DOCUMENTS APRIL 25, 2014’ above ‘BID DOCUMENTS – REVISION
1 MAY 5, 2014’
Further Clarification:
B.The cover of the Project Manual should have two dates:
1. BID DOCUMENTS APRIL 25, 2014
2. BID DOCUMENTS – REVISION 1 MAY 5, 2014
CHANGES TO BIDDING REQUIREMENTS:
ITEM 1-2 SEE ATTACHED PRE-BID CONFERENCE AGENDA
ITEM 1-3 SEE ATTACHED PRE-BID CONFERENCE ATTENDANCE LIST
ITEM 1-4 SEE ATTACHED CURRENT PLAN HOLDERS LIST
ITEM 1-5 BID TIME AND DATE – on all documents
Changed
1.to: 2:30pm on Thursday, June 5, 2014
ITEM 1-6 SUBSTITUTION REQUESTS
1. Final day to accept Substitution Requests: Wednesday, May 28, 2014
ITEM 1-7 REFER TO NTB DOCUMENT - NOTICE TO BIDDERS
Replace
1.the NOTICE TO BIDDERS document with the attached NOTICE TO
BIDDERS document
ITEM 1-8 REFER TO IB DOCUMENT – INSTRUCTIONS TO BIDDERS
Change
1. Refer to 4.3.B.2 Submission of Bids – Time and Date to ‘JUNE 5, 2014’ in lieu
of ‘May 29, 2014’
ITEM 1-9 REFER TO DOCUMENT FP – FORM OF PROPOSAL
Change
1. title of document to read: “FORM OF PROPOSAL (REVISED)”, in lieu of
Form of Proposal
Change
2.BIDS RECEIVED date to “JUNE 5, 2014”, in lieu of “May 29, 2014.”
Replace
3. the loose copy of FP-Form of Proposal that was issued as part of the Bid
Documents with the attached loose copy on colored paper. Discard the outdated FP
document. Bids must be submitted on the colored revised FP document form.
ITEM 1-10 REFER TO BB DOCUMENT – BID BOND
Change
1. Refer to the first paragraph – bid date to ‘JUNE 5, 2014’ in lieu of ‘May 29,
2014’
CHANGES TO FORMS AND CONDITIONS OF THE CONTRACT:
ITEM 1-11 REFER TO AG DOCUMENT – FORM OF AGREEMENT
thrd
Change
1. Refer to Item 7 – Contract Date to ‘10 DAY OF JUNE, 2014’ in lieu of ‘3 day
of June, 2013’
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ITEM 1-12 REFER TO PB DOCUMENT – PERFORMANCE AND PAYMENT BOND
Change
1. Refer to Page 1 of 2, “WHEREAS, Contractor has, as of the” – Contract Date
thrd
to ‘10 DAY OF JUNE, 2014’ in lieu of ‘3 day of June, 2014’
CHANGES TO TECHNICAL SPECIFICATIONS:
See attached MODUS’s Addendum 1
CHANGES TO DRAWINGS:
See attached MODUS’s Addendum 1
APPROVED SUBSTITUTIONS
The following listed items include approved substitute materials, products, and equipment or systems
which have been submitted and reviewed in accordance with procedures specified in Section 01 6000.
All items allowed by this Addendum are subject to full provisions of original contract documents including
all modifications thereto, and shall be warranted as substitutions conforming to contract documents as
provided by General Conditions.
Approvals are based upon the opinion, knowledge, information, and belief of architect at time of issuance
of this addendum and reliance upon data submitted. Approvals are therefore interim in nature and
subject to reconsideration as additional data, materials, workmanship, and coordination with other work
are observed and reviewed. In proposing items allowed by this Addendum, bidder assumes all risk,
costs, and responsibility for item’s final acceptance, integration into work, and performance.
This “prior approval” procedure has been offered and administered in a manner to fulfill the Owner’s
desire for bidding competition.
SCHEDULE OF APPROVED SUBSTITUTIONS
(NONE)
END OF ADDENDUM 1
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Addendum #1
Iowa City
Iowa C
Animal Shelter 11-220May 21, 2014
Project: Project Number: Date:
This addendum has been issued to modify and/or interpret the bidding documents, including the drawings and specifications. Unless
Note
otherwise instructed. The information contained on the addendum shall take precedence over anything contrary on the original bidding
documents and shall be hereinafter considered as a party of the bidding documents.
Specifications
22 1116 – Domestic Plumbing Piping
1.2.0 Sanitary Sewer Piping (above Grade)
A.ADDthe following:
J. PVC Pipe:
1. ASTM D2665.
2. Fittings: PVC.
3. Joints: ASTM D2855, solvent weld with ASTM D2564 solvent cement.
22 3000– Plumbing Equipment
1.REMOVEASME stamp requirement for the High Efficiency Gas Water Heater (GWH-1).
23 0923 – DDC System
2.REPLACEcurrent section with attached revised section.
23 0993 – Sequence of Operations
3.ADD new section: see attached
Plans
Sheet M-201 – First Floor Mechanical Piping Plan
1.REVISEthe note near the gridline “G” label which says; “STACKED INLINE PUMPS FOR GEOTHERMAL LOOP REFER TO
DETAIL ON SHEET M-301” to; “STACKED INLINE PUMPS FOR GEOTHERMAL LOOP REFER TO DETAIL ON SHEET M-302”
Sheet M-301 –Radiant Floor Flow Diagrams and Schedules
1.REPLACEthe RADIANT FLOOR FLOW DIAGRAM with the schematic on the attached sheet M-301R1.
Sheet M-302 –Geothermal Flow Diagrams
1.REPLACEsheet M-302 with the attached sheet M-302X1
Sheet M-303 –Mechanical Details
1.REPLACEthe ENERGY RECLAIM SYSTEM PIPING SCHEMATIC detail with the one on the attached sheet M-303R1.
2.REPLACEthe HEAT PUMP HOSE KIT DETAIL detail with the one on the attached sheet M-303R2.
Page1 of 2
WATERLOO DES MOINES IOWA
CITY
th
WWW.MODUS-ENG.COM
214 East 4 Street1717 Ingersoll Avenue 118 East College Street
Waterloo, IA 50703Des Moines, IA 50309 Iowa City, IA 52240
TEL 319.235.0650 TEL 515.251.7280 TEL 319.248.4600
Addendum #1
Sheet M-304 –Mechanical Schedules
1.REVISEthe PUMP SCHEDULE to show “P-2” for the pump in the second row currently labeled “P-1”.
Vendor Approvals
Section 26 5100 – Packaged Rooftop Units
1.Type R2
A.Focal Point
2.Type W1
A.Acculite and Bega
3.Type W3
A.Zumtobel
Attachments
1. 23 0923 DDC Systems – 16 pages
2. 23 0993 Sequence of Operations – 12 pages
3. M301R1 – 1 page
4. M302X1 – 1 page
5. M303R1 – 1 page
6. M303R2 – 1 page
Page2 of 2
WATERLOO DES MOINES IOWA
CITY
th
WWW.MODUS-ENG.COM
214 East 4 Street1717 Ingersoll Avenue 118 East College Street
Waterloo, IA 50703Des Moines, IA 50309 Iowa City, IA 52240
TEL 319.235.0650 TEL 515.251.7280 TEL 319.248.4600
NOTICE TO BIDDERS
ANIMAL CARE AND ADOPTION CENTER 2014 PROJECT
Sealed proposals
will be received by the City Clerk of the City of Iowa City, Iowa, before 2:30 P.M. on the
th
5 day of June 5, 2014. Sealed proposals will be opened immediately thereafter by the City Engineer or
designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for pur
Proposals received after this deadline will be returned to the bProposals will be acted upon
th
by the City Council at a meeting to be held in the Emma J. Harvat Hall at 5:00 P.M. on the 10 day of June,
2014, or at a special meeting called for that purpose.
The Project will involve the following: the construction of a neon facility
at 3910 Napoleon Lane, in Iowa City, Iowa. The new building wil,180 SF occupied space consisting
of animal holding, animal support, and office space. The new bu
construction. The work includes site work, general building construction, mechanical, electrical,
communication, along with security and specialty systems require
All work is to be done in strict compliance with the plans and specifications prepared by Neumann Monson
Architects, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for
public examination in the Office of the City Clerk.
sealed
Each proposal shall be completed on a form furnished by the City and
envelope,
separate from the one containing the proposal, by a bid bond exe
authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be
made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall
Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendys of the
the contract and maintenance 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
exceed fifteen (15) calendar days following award of the contraction 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 adred percent (100%)
of the contract price, said bond to be issued by a responsible surety approved by the City, and shall
guarantee the prompt payment of all materials and labor, and als
all claims and damages of any kind caused directly or indirectly
also guarantee the maintenance of the improvement for a period of one (1 ) year(s) from and after its com-
pletion and formal acceptance by the City Council.
The following limitations shall apply to this Project:
Specified Final Completion Date: May 4, 2015
Liquidated Damages: $950.00 per day
The plans, specifications and proposed contract documents may be examined at the office of the City Clerk.
Copies of said plans and specifications and form of proposal blanks may be secured at
Technigraphics, a division of Rapids Reproductions located at 415 Highland Ave, Suite 100, Iowa City, Iowa
52240, Phone :319-354-5950 Fax:319-354-8973 Toll-Free 800-779-0093 by bona fide bidders.
A $125.00 refundable fee is required for each set of plans and specificatier
interested persons. The fee shall be in the form of a check, mad
returned if the plans are returned in unmarked and reusable cond
separate and nonrefundable $25.00 shipping and handling fee will apply to plans that are sent through posta
mail.
Prospective bidders are advised that the City of Iowa City desirtors and
subcontractors on City projects. A listing of minority contractoe obtained from the Iowa Department of
Economic Development at (515) 242-4721 and the Iowa Department of Transportation Contracts Office
(515) 239-1422.
Bidders shall list on the Form of Proposal the names of persons,s with
whom the bidder intends to subcontract. This list shall include the type of work and approximate
amount(s).
The Contractor awarded the contract shall submit a list on the F
subcontractors, together with quantities, unit prices and extended dollar amounts.
By virtue of statutory authority, preference must be given to products and provisions grown and coal
produced within the State of Iowa, and to Iowa domestic labor, tquired under Iowa
Statutes. The Iowa reciprocal resident bidder preference law applies to this Project.
The City reserves the right to reject any or all proposals, and calities
and irregularities.
Published upon order of the City Council of Iowa City, Iowa.
MARIAN K. KARR, CITY CLERK
Pweng/masters/noticetobidders.doc
FORM OF PROPOSAL (REVISED)
ANIMAL CARE AND ADOPTION CENTER 2014 PROJECT
CITY OF IOWA CITY
Name of Bidder:
Address of Bidder:
2:30 PM local time on June 5, 2014
BIDS RECEIVED BEFORE:
TO: City Clerk
City of Iowa City
City Hall
410 East Washington Street
Iowa City, Iowa 52240
In response to your request for bids, and in compliance with the Procurement and Contracting
Requirements, the undersigned proposes to furnish all labor, materials and equipment, all
supervision, coordination, and all related incidentals necessary to perform the work to complete
ANIMAL CARE AND ADOPTION CENTER 2014 PROJECT
in strict accordance with the Project
Manual and the Drawings dated April 25, 2014, including Addenda numbered __1__, _____ and
_____, inclusive, prepared by Neumann Monson Architects, for the Base Bid Lump Sum of :
BASE BID
Dollars ($ )
The undersigned bidder submits herewith bid security in the amount of $__________ _____,
ten percent (10%) of the Base Bid amount.
ALLOWANCES Refer to Section 01 2100:
The undersigned bidder has included the following lump sum allowances in the Base Bid:
Contingency Allowance: One Hundred twenty-five and no/100 dollars $125,000.00
FP-1 of 3
BID ALTERNATES:
Alternate No. 1:
SERVICE DRIVE
ADD the Sum of:
Dollars ($ )
Alternate No. 2:
ARCHITECTURAL WOOD CASEWORK IN RECEPTION 1003
DEDUCT the Sum of:
Dollars ($ )
Alternate No. 3:
EPOXY FLOORING
DEDUCT the Sum of:
Dollars ($ )
Alternate No. 4:
RADIANT FLOORING
DEDUCT the Sum of:
Dollars ($ )
Alternate No. 5:
OFFICE WING
DEDUCT the Sum of:
Dollars ($ )
Alternate No. 6:
CAT ISOLATION WING
DEDUCT the Sum of:
Dollars ($ )
The names of those persons, firms, companies or other parties with whom we intend to enter into
a major subcontract, together with the type of subcontracted work and approximate dollar amount
of the subcontract will be submitted within 24 hours of bid opening by the apparent lowest
responsive, responsible bidder.
FP-2 of 3
NOTE: All subcontractors are subject to approval by City.
The undersigned bidder certifies that this proposal is made in good faith, and without collusion or
connection with any other person or persons bidding on the work.
The undersigned bidder states that this proposal is made in conformity with the Contract
Documents and agrees that, in the event of any discrepancies or differences between any
conditions of this proposal and the Contract Documents prepared by the City of Iowa City, the
more specific shall prevail.
In submitting this Proposal, The undersigned agrees that the Bid will not be withdrawn for a period
of thirty (30) consecutive calendar days following the date of the Bid Opening. Further, that if a
Notice to Proceed or a prepared Agreement provided by the Owner is received at the business
address identified below within the thirty (30) day period, the undersigned will, within ten (10) days
of receipt, acknowledge acceptance of the contract award. The undersigned will then execute
and deliver to the Owner address the Agreement, the Procurement, Labor and Material Payment
Bonds, and the certificates of insurance, and will proceed in accordance with requirements of the
Contract Documents for this project, and have the Project at Substantial Completion on or before
APRIL 6, 2015.
Firm:
Signature:
Printed Name:
Title:
Address:
__________________________________
Phone:
Contact:
FP-3 of 3
PRE-BID CONFERENCE
PROJECT: ANIMAL CARE AND ADOPTION CENTER 2014 PROJECT- REBID
DATE: May 15, 2014
TIME: 9:00 a.m.
PLACE: Neighboring site, at Street Facility Meeting room, 3800 Napoleon
1. Purpose of Pre-bid Conference
A. For bid coordination and project information only
B. Discuss site limitations
C. Answer questions
2. Attendance- sign roster- please sign
A. Name, organization, address, telephone, fax numbers, e-mail
3. Project Representatives
A. Owner, City of Iowa City:
1. Kumi Morris, Architectural Services Coordinator
2. Misha Goodman, Animal Services Division Supervisor, Police Dept.
3. Jim Steffen, Administrative Services, Police Dept.
4. Sally Ness, Neumann Monson Architects
5. Kim McDonald, Neumann Monson Architects
4. Line of Communication
Subcontractor to GC; GC to Consultant; Consultant to Owner
A. Single point of contact at City will be with Kumi Morris, City of Iowa City
B. Single point of contact at Consulting firm will be Sally Ness, Neumann Monson Architects
5. Bid Documents
A. Bid Documents to be submitted to the , in City Hall
1. Pending due date: Thursday, June 5, 2014 before 2:30 p.m., opening in Council
Chambers- Emma J. Harvat Hall, City Hall
2. Faxes not accepted
B. Bid Bond required.
C. Bid and bond must be in two separate envelopes, Bid bond clearly labeled
D. Label front of envelopes with Project title
E. The Apparent Lowest Bidder must submit additional documentation
6. Prebid Substitution Requests and Addendum
A. Use Pre-bid Substitution request on page 002613 of spec book, last date to submit
questions and pre-substitution request: Wednesday, May 28, 2014.
B. Final Addendum will be issued on Friday, May 30, 2014.
7. Performance Bond and Labor and Material Payment Bond Status
A. Must be in place before contracts are signed
8. Insurance Certificates
A. Contractor- as per specifications, must be in place before contract is signe
B. Owner-
9. Sales Tax Exemption Certificate-
A. A form will be provided by the City for a tax exemption Certific
materials and supplies to be incorporated into the building project.
10. Building Permit/Allowances/Electronic Document Submittal
A. A building permit must be filed, NO FEES for the building permits for the municipal
project.
B. A contingency allowance (to be included in bid) of $125,000.00; refer to section 01 2100
of the spec book.
C. Electronic Document Submittal Service to be Submittal Exchange a
11. Alternates-
A. As of May 15, 2014, 7 alternates are listed:
1) Service Drive
2) Architectural Wood Casework in Reception 1003
3) Epoxy Flooring
4) Radiant Flooring
5) Office Wing
6) Cat Isolation Wing
12. Contract Dates
A. Substantial completion April 6, 2015
B. Final completion May 4, 2015
C. Liquidated damages are set at $950.00 per day starting at final completion date.
13. Periodic Construction Meetings
A. Schedule to be scheduled every two weeks
B. Participants: Contractor, Owner, Consultants and Corresponding Sub to work
C. Conducted by Contractor
14. Pre-Installation Conferences
A. Review Specifications
B. Notification
C. Participants
15. Cleaning and Safety
A. Site will be open and accessible to contractor, during regular business weekday hours
B. The construction cleanup will be maintained daily, because after
shuts down, the Public Works staff will continue their limited access after-hours access.
16. Procedure for Applications for Payment
A. Discuss timing
B. Retainage returned 30 days after City Council formally accepts Project
17. Temporary Facilities
A. Access- to be coordinated at all times by General Contractor.
B. Parking- Contractor to coordinate Staging area with subcontractors
C. Water- limited location
D. Sewer/Toilet facilities- none provided
E. Storage- none on site-
S:\ENG\ARCHITECTURE FILE\Projects\Animal Center Project\DESIGN 2012\Front Ends and Required FEMA forms with bid documents\REBID Documents Award June
3 2014\REBID PREBID Meeting minutes Animal Care and Adoption Center 201
1M-301
1
Addendum No:
M-301R1
5/16/2014
ADDENDUM NUMBER 2
DATE: 05.21.2014
Project: Iowa City Animal Care and Adoption Center
Project No. 11.082
From: Neumann Monson PC Phone: 319/338-7878
221 East College Street
Suite 303
Iowa City, Iowa 52240
To: Plan Holders
This addendum forms a part of the contract documents and modifie
dated April 25, 2014 as noted below.
Acknowledge receipt of this Addendum by placing the number (2) in the appropriate blank provided on
the bid form. Failure to do so may subject the Bidder to disqualification.
This Addendum consists of 4 pages and the following attachments:
DOCUMENT FP FORM OF PROPOSAL (REVISION 2)
S-101R1
A-502R1
A-602R1
M-301R2
M-304X2
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SUBSTANTIAL COMPLETION DATE HAS BEEN EXTENDED
As previously discussed in the pre-bid conference (minutes attached in Addendum 1), the City of Iowa
City has received notice from FEMA that their request for a projhas been
approved.
Original Substantial Completion Date: April 6, 2015
RevisedJuly 31, 2015
Substantial Completion Date:
Original Final Completion Date: May 4, 2015
RevisedAugust 31, 2015
Final Completion Date:
CHANGES TO PRIOR ADDENDA:
ITEM 1-1 REFER TO NTB DOCUMENT NOTICE TO BIDDERS
replace
A.
ITEM 1-2 REFER TO FP DOCUMENT FORM OF PROPOSAL
Change
A. title of document to read: , in lieu of
Form or Proposal (Revised)
Replace
B. Refer to the last sentence on Page FP-3 of 3;
Replace
C. the loose copy of FP-Form of Proposal (Revised) that was issued in Addendum
1 with the attached loose copy on colored paper. Discard the ou
Bids must be submitted on the colored Revision 2 FP document for
CHANGES TO INTRODUCTORY INFORMATION:
(NONE)
CHANGES TO BIDDING REQUIREMENTS:
(NONE)
CHANGES TO FORMS AND CONDITIONS OF THE CONTRACT:
ITEM 1-3 REFER TO AG DOCUMENT FORM OF AGREEMENT
A. Refer to Item 6
ReplaceJuly
i. April 6
Replace
ii.
CHANGES TO TECHNICAL SPECIFICATIONS:
ITEM 1-4 REFER TO SPEC SECTION 06 1000 ROUGH CARPENTRY
Deletereplace
A. Refer to Part 3.03 Framing Installation, Item H; the entire sentence and
with,
-
-
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Add
B. Refer to Part 3.03 Framing Installation;
otherwise on the drawings, provide minimum 2-ply 2x8 header over all openings less
---
ITEM 1-5 REFER TO SPEC SECTION 07 3113 ASPHALT SHINGLES
Delete
A. Refer to Article 2.01, Paragraph C, subparagraph 1; the entire sentence and
replace
ITEM 1-6 REFER TO SPEC SECTION 32 9219 - SEEDING
Replace
A. Refer to paragraph 2.01.A;
CHANGES TO DRAWINGS:
ITEM 1-7 REFER TO SHEET S-002 STRUCTURAL NOTES & DETAILS
A. Refer to Section 4/S-002; The right stoop footing shall be type WF16.
ITEM 1-8 REFER TO SHEET S-101 FOUNDATION PLAN
A. Refer to the Foundation Plan
i. The footing at east side of stair between grids 3 and 4 shall be WF1--
ii. --
iii. Provide spread footing type F3.00 at grid G-1 with top of footing at elevation
(--
iv. Refer to attached Supplemental Drawing S-101R1 for kennel partition wall detail
Add
v. tractor shall coordinate location of in-floor
radiant heat to not interfere with field drilled masonry dowels -on-
ITEM 1-9 REFER TO SHEET S-102 SECOND FLOOR FRAMING PLAN
A. Refer to Second Floor Framing Plan; The second floor support header along
at Hallway 1205 (near gridline 6) shall be (3) 1-
studs and (1) full height stud each end.
ITEM 1-10 REFER TO SHEET A-103 ENLARGED PLANS
Add
A. Refer to ENTRY 1310;
B. Refer to ISO. WHITE 1311;
Add
i.
Add
ii.
C. Refer to ISO. BLACK 1312;
Add
i.
Add
ii.
D. Refer to FLOOR PLAN KEYNOTES;
Add
i. -
FLOOR PLAN KEYNOTES
E. Refer to ENLARGED FLOOR PLAN 1
Add
i.
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ITEM 1-11 REFER TO SHEET A-304 WALL SECTIONS-INTERIOR
AddB3/A-503
A. Refer to Wall Section A6; detail reference bubble in reference to the gyp.
-
ITEM 1-12 REFER TO SHEET A-502 EXTERIOR DETAILS
Change
A. Refer to Detail C3; detail notes per attached supplemental drawing A-502R1
ITEM 1-13 REFER TO SHEET A-503 INTERIOR DETAILS
change
A.
ITEM 1-14 REFER TO SHEET A-602 WINDOW TYPES & SCHEDULES
Replace
A. Refer to Window Frame Type W11; Window Frame Type W11 with attached
supplemental drawing A-602R1
APPROVED SUBSTITUTIONS
The following listed items include approved substitute materials
which have been submitted and reviewed in accordance with procedures specified in Section 6000.
All items allowed by this Addendum are subject to full provision
all modifications thereto, and shall be warranted as substitutios conforming to contract documents as
provided by General Conditions.
Approvals are based upon the opinion, knowledge, information, an
of this addendum and reliance upon data submitted. Approvals arerim in nature and
subject to reconsideration as additional data, materials, workma
are observed and reviewed. In proposing items allowed by this A
s final acceptance, integration into work, and performance.
desire for bidding competition.
SCHEDULE OF APPROVED SUBSTITUTIONS
SECTION 07 2100 THERMAL INSULATION
Item: FOAM BOARD INSULATION MATERIALS
POLYISOCYANURATE INSULATION in lieu of EXTRUDED POLYSTYRENE
INSULATION
Manufacturer: HUNTER PANELS
HUNTER XCI FOIL
SECTION 07 3113 ASPHALT SHINGLES
Item: ROOF UNDERLAYMENT
Manufacturer: BARRICADE BUILDING PRODUCTS
SECTION 08 7100 DOOR HARDWARE
Item: AUTO OPERATORS
Manufacturer: RECORD-USA; RECORD USA 8100 AUTO OPERATORS
END OF ADDENDUM 2
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Addendum #2
Iowa City
Iowa C
Animal Shelter 11-220May 30, 2014
Project: Project Number: Date:
Nte
o
Specifications
Section 23 08147 Ï Ground Source Heat Pump
1.DELETE the following items from 2.01:
A.Provide the internal or external electric heating coil with internal fan control. See schedule on drawings. Provide
stops per schedule. Disconnect field mounted by the electrical contractor.
B.Provide units with hot gas reheat and dehumidification controls.
Section 28 3100 Ï Fire Detection and Alarm
1.REVISE 2.04 G. to read: Horn/Strobe Indicator:
A.Design based on Notifier SpectrAlert Selectable-output horn/strobes.
Plans
Sheet E-102 Attic Power Plan
1.REVISE Circuit serving pump P-3 shall be 15A-3P.
Sheet E-111 First Floor Lighting Plan
1.ADD and provide (1) additional W4 fixture as part of deduct alternate for relocated office space. Exact location shall be
determined during installation.
Sheet M-301R2 -
1.ADD(1) Expansion tank (ET-4 ) as scheduled on the attached M-301R2
2.ADD(1) Air Separator (AS-3) as scheduled on the attached M-301R2
Sheet M-304X2
1.ADD Run around loop coil schedule as shown on the attached M-304X2
2.REPLACE run around loop coil section of the 100% OUTSIDE AIR HANDLING UNIT SCHEDULE AS SHOWN ON M-304X2
3.REPLACE EXHAUST FAN SCHEDULE with schedule information shown on the attached M-304X2
4.REVISED pump selection for pump P-3 on pump schedule
Vendor Approvals
Section 23 0548 Vibration and Seismic Controls for HVAC Piping and Equipment
1.Vibration Isolation
A.Vibration Eliminator
Page1 of 3
WATERLOO DES MOINES IOWA CITY
WWW.MODUS-ENG.COM
th
214 East 4 Street1717 Ingersoll Avenue 118 East College Street
Waterloo, IA 50703Des Moines, IA 50309 Iowa City, IA 52240
TEL 319.235.0650 TEL 515.251.7280 TEL 319.248.4600
Addendum #2
2.Flexible Pump Connectors
A.Metraflex
Section 23 2113 Hydronic Piping
1.Radiant Heating System
A.Roth
2.Spring Loaded Check Valves
A.Metraflex
Section 23 2133 Hydronic Specialties
1.In-Line Air/Dirt Separators
A.Armstrong Pumps
2.Glycol Feed Tank
A.Armstrong Pumps
B.Skidmore
3.Calibrated Balance Valves
A.Griswold
4.Flow Meters
A.Griswold
Section 23 3423 HVAC Power Ventilators
1.Exhaust Fan
A.Captiveaire
Section 23 3700 Air Outlets &Inlets
1.Diffusers/Registers/Grilles
A.Raymon Donco
Section 23 7300 Custom Packaged HVAC
1.Air to Air Exchangers
A.Daikin
Section 23 8101 Terminal Heat Transfer, Convection Heating, and Cooling Units
1.Cabinet Unit Heaters
A.Markel
B.Berko
Section 23 8147 Ground Source Heat Pump
1.(JCI) by Water Furnace
Section 23 8216 Ï Air Coils
Page2 of 3
WATERLOO DES MOINES IOWA CITY
WWW.MODUS-ENG.COM
th
214 East 4 Street1717 Ingersoll Avenue 118 East College Street
Waterloo, IA 50703Des Moines, IA 50309 Iowa City, IA 52240
TEL 319.235.0650 TEL 515.251.7280 TEL 319.248.4600
Addendum #2
1.Water Heating
A.JCI
2.Refrigerant
A.JCI
3.Electric Coils
A.Markel
Section 28 3100 Ï Fire Detection and Alarm
1.SimplexGrinnell
Attachments
1.M-301R2
2.M-304X2
Page3 of 3
WATERLOO DES MOINES IOWA CITY
WWW.MODUS-ENG.COM
th
214 East 4 Street1717 Ingersoll Avenue 118 East College Street
Waterloo, IA 50703Des Moines, IA 50309 Iowa City, IA 52240
TEL 319.235.0650 TEL 515.251.7280 TEL 319.248.4600
FORM OF PROPOSAL (REVISION 2)
ANIMAL CARE AND ADOPTION CENTER 2014 PROJECT
CITY OF IOWA CITY
Name of Bidder:
Address of Bidder:
2:30 PM local time on June 5, 2014
BIDS RECEIVED BEFORE:
TO: City Clerk
City of Iowa City
City Hall
410 East Washington Street
Iowa City, Iowa 52240
In response to your request for bids, and in compliance with the Procurement and Contracting
Requirements, the undersigned proposes to furnish all labor, materials and equipment, all
supervision, coordination, and all related incidentals necessary to perform the work to complete
ANIMAL CARE AND ADOPTION CENTER 2014 PROJECT
in strict accordance with the Project
Manual and the Drawings dated April 25, 2014, including Addenda numbered __1__, __2__ and
_____, inclusive, prepared by Neumann Monson Architects, for the Base Bid Lump Sum of :
BASE BID
Dollars ($ )
The undersigned bidder submits herewith bid security in the amount of $__________ _____,
ten percent (10%) of the Base Bid amount.
ALLOWANCES Refer to Section 01 2100:
The undersigned bidder has included the following lump sum allowances in the Base Bid:
Contingency Allowance: One Hundred twenty-five and no/100 dollars $125,000.00
FP-1 of 3
BID ALTERNATES:
Alternate No. 1:
SERVICE DRIVE
ADD the Sum of:
Dollars ($ )
Alternate No. 2:
ARCHITECTURAL WOOD CASEWORK IN RECEPTION 1003
DEDUCT the Sum of:
Dollars ($ )
Alternate No. 3:
EPOXY FLOORING
DEDUCT the Sum of:
Dollars ($ )
Alternate No. 4:
RADIANT FLOORING
DEDUCT the Sum of:
Dollars ($ )
Alternate No. 5:
OFFICE WING
DEDUCT the Sum of:
Dollars ($ )
Alternate No. 6:
CAT ISOLATION WING
DEDUCT the Sum of:
Dollars ($ )
The names of those persons, firms, companies or other parties with whom we intend to enter into
a major subcontract, together with the type of subcontracted work and approximate dollar amount
of the subcontract will be submitted within 24 hours of bid opening by the apparent lowest
responsive, responsible bidder.
FP-2 of 3
NOTE: All subcontractors are subject to approval by City.
The undersigned bidder certifies that this proposal is made in good faith, and without collusion or
connection with any other person or persons bidding on the work.
The undersigned bidder states that this proposal is made in conformity with the Contract
Documents and agrees that, in the event of any discrepancies or differences between any
conditions of this proposal and the Contract Documents prepared by the City of Iowa City, the
more specific shall prevail.
In submitting this Proposal, The undersigned agrees that the Bid will not be withdrawn for a period
of thirty (30) consecutive calendar days following the date of the Bid Opening. Further, that if a
Notice to Proceed or a prepared Agreement provided by the Owner is received at the business
address identified below within the thirty (30) day period, the undersigned will, within ten (10) days
of receipt, acknowledge acceptance of the contract award. The undersigned will then execute
and deliver to the Owner address the Agreement, the Procurement, Labor and Material Payment
Bonds, and the certificates of insurance, and will proceed in accordance with requirements of the
Contract Documents for this project, and have the Project at Substantial Completion on or before
JULY 31, 2015.
Firm:
Signature:
Printed Name:
Title:
Address:
__________________________________
Phone:
Contact:
FP-3 of 3
07 6
06 1219; 8 1/2" STRUCTURAL
INSULATED PANEL WALL
07 4213; VERT.
PANEL, FAS
9' - 8"
04 2000; GROUT SOLID
ALIGN FA
5' - 4"
FACE OF HAT
3' - 3"2' - 1"
DELETE VERTICAL
MULLION IN THIS
04 2000; 8" BOND BEAM
LOCATION
"
T.O. Ext. Block
8' - 8"
09 5100; SUSPENDED ACOUSTICAL CEILINGS
06 1000; SEE STRUCT.
06 2000; FIBER CEMENT SOFFIT PANEL
E2
W11
FOUND DOG BARRIER WALL DETAIL
C3
3" = 1'-0"
1M-301
1
Addendum No:
M-301R1
5/16/2014
5' - 4"
3' - 3"2' - 1"
DELETE VERTICAL
MULLION IN THIS
LOCATION
"
W11
1M-301
1
Addendum No:
M-301R1
5/16/2014
NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND
ESTIMATED COST FOR ANIMAL CARE AND ADOPTION CENTER 2014 PROJECT IN THE CITY
OF IOWA CITY, IOWA
TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS:
Public notice is hereby given that the City Council of the City duct a public
hearing on plans, specifications, form of contract and estimatedstruction of the Animal Care
th
And Adoption Center 2014 Project in said City at 7 p.m. on the 6 day of May, 2014, said meeting to be held
in the Emma J. Harvat Hall in City Hall in said City, or if said meeting is cancelled, at the next meeti
City Council thereafter as posted by the City Clerk.
Said plans, specifications, form of contract and estimated cost
in City Hall in Iowa City, Iowa, and may be inspected by any interested persons.
Any interested persons may appear at said meeting of the City Council for the purpose of making
objections to and comments concerning said plans, specifications, contract or the cost of making said
improvement.
This notice is given by order of the City Council of the City of Iowa City, Iowa and as provided by law.
MARIAN K. KARR, CITY CLERK
pweng\masters\nph.doc
9/99
NOTICE TO BIDDERS
ANIMAL CARE AND ADOPTION CENTER 2014 PROJECT
Sealed proposals
will be received by the City Clerk of the City of Iowa City, Iowa, before 2:30 P.M. on the
th
29 day of May, 2014. Sealed proposals will be opened immediately thereafter by the City Engineer or
designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for pur
Proposals received after this deadline will be returned to the bProposals will be acted upon
rd
by the City Council at a meeting to be held in the Emma J. Harvat Hall at 3 day of June,
2014, or at a special meeting called for that purpose.
The Project will involve the following: the construction of a neon facility
at 3910 Napoleon Lane, in Iowa City, Iowa. The new building wil,180 SF occupied space consisting
of animal holding, animal support, and office space. The new building will be of wood frame and mason
construction. The work includes site work, general building con
communication, along with security and specialty systems requireowner. A ground source heat pump
There will be a recommended pre-bid meeting held neighboring the site at the Public Works Street
at 3800 Napoleon Lane. This will start at 9:00 a.m. in the large meeting room, on Thursday, May 15, 2014.
All work is to be done in strict compliance with the plans and stions prepared by Neumann Monson
Architects, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for
public examination in the Office of the City Clerk.
sealed
Each proposal shall be completed on a form furnished by the City
envelope,
separate from the one containing the proposal, by a bid bond exey a corporation
authorized to contract as a surety in the State of Iowa, in the
made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall
Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calend
the contract and maintenance 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 retain
exceed fifteen (15) calendar days following award of the contraction 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 adred percent (100%)
of the contract price, said bond to be issued by a responsible surety approved by the City, and shall
guarantee the prompt payment of all materials and labor, and als
all claims and damages of any kind caused directly or indirectlyby the operation of the contract, and shall
also guarantee the maintenance of the improvement for a period of one (1 ) year(s) from and after its com-
pletion and formal acceptance by the City Council.
The following limitations shall apply to this Project:
Specified Final Completion Date: May 4, 2015
Liquidated Damages: $950.00 per day
The plans, specifications and proposed contract documents may be examined at the office of the City Clerk.
Copies of said plans and specifications and form of proposal blanks may be secured at
Technigraphics, a division of Rapids Reproductions located at 415 Highland Ave, Suite 100, Iowa City, Iowa
52240, Phone :319-354-5950 Fax:319-354-8973 Toll-Free 800-779-0093 by bona fide bidders.
A $125.00 refundable fee is required for each set of plans and specifications provided to bidder
interested persons. The fee shall be in the form of a check, mad
returned if the plans are returned in unmarked and reusable condithin 15 days of Council Award. A
separate and nonrefundable $25.00 shipping and handling fee will apply to plans that are sent thro
mail.
Prospective bidders are advised that the City of Iowa City desirtors and
subcontractors on City projects. A listing of minority contractotained from the Iowa Department of
Economic Development at (515) 242-4721 and the Iowa Department of Transportation Contracts Office
(515) 239-1422.
Bidders shall list on the Form of Proposal the names of persons, firms, companies or oth
whom the bidder intends to subcontract. This list shall include the type of work and approximate
amount(s).
The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed
subcontractors, together with quantities, unit prices and extended dollar amounts.
By virtue of statutory authority, preference must be given to products and provisions grown and coal
produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully quired under Iowa
Statutes. The Iowa reciprocal resident bidder preference law applies to this Project.
The City reserves the right to reject any or all proposals, and right to waive technicalities
and irregularities.
Published upon order of the City Council of Iowa City, Iowa.
MARIAN K. KARR, CITY CLERK
Pweng/masters/noticetobidders.doc
CITY OF IOWA CITY
SUPPLEMENTARY CONDITIONS
CITY OF IOWA CITY
PART 1 - GENERAL
1.1 INTRODUCTION
A. The following supplements modify the "General Conditions of the Contract for Construction", AIA
Document A201-2007. Where a portion of the General Conditions is modified or deleted by
these Supplementary Conditions, the unaltered portions of the General Conditions shall remain
in effect.
B. Terms used in these Supplementary Conditions will have meanings assigned to them in the
General Conditions. Additional terms used in these Supplementary Conditions have the
meanings indicated below, which are applicable to both the singular and plural thereof.
C. Deletions from the AIA A201 are indicated as strike-out and additions to the AIA A201 are
italic
indicated as bold".
The OWNER and CONTRACTOR may exercise such rights or remedies as either may
D.
otherwise have under the Contract Documents or by Law or Regulations in respect to any
dispute. Disputes shall be resolved by legal or equitable proceedings in a court of
appropriate jurisdiction. Under no circumstances shall binding arbitration be required as
to any dispute arising between the parties or under the Contract Documents.
Delete all references to mediation and arbitration in their entirety
E..
1.2 ARTICLE 1 - GENERAL PROVISIONS
A. Add the following paragraph 1.1.1.1 Contract Documents to read as follows:
Any reference within the Contract Documents of the Agreement between
1.1.1.1
Owner and Contractor should be substituted with of the Form of Agreement between
Owner and Contractor (hereinafter the Agreement). The Form of Agreement is listed as
AG in the project manual.
B. Change paragraph 1.1.3 to read as follows:
1.1.3 The term "Work" means the construction and services required by the Contract
tools,
Documents, whether completed or partially completed, and includes all other labor,
transportation, services, taxes, insuranceall other
materials, equipment, and services
provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may
The Contractor shall provide all work and
constitute the whole or a part of the Project.
materials which any part of the Contract Documents require him to provide.
C. Add the following paragraph 1.2.4:
1.2.4 Sections of Division 1 - General Requirements, govern the execution of all
sections of the specifications.
1.3 ARTICLE 2 - OWNER
A. Change paragraph 2.4 to read as follows:
2.4 If the Contractor defaults or neglects to carry out the Work in accordance with the
Contract Documents and fails within a seven-day period after receipt of written notice from the
Owner to commence and continue correction of such default or neglect with diligence and
promptness, the Owner may without prejudice to other remedies the Owner may have, correct
the
such deficiencies. In such case an appropriate Change Order shall be issued deducting
SUPPLEMENTARY CONDITIONS
DOCUMENT SC-1
Owner may deductentire
from payments then or thereafter due the Contractor the reasonable
cost of correcting such deficiencies, including Owners expenses and compensation for the
and/or Consultants and heating, engineering,
Architect's additional services and expenses
accounting, consulting services and attorneys' fees and expenses
made necessary by such
default, neglect, or failure. Such action by the Owner and amounts charged to the Contractor
are both subject to prior approval of the Architect. If payments then or thereafter due the
Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to
The Owner's actions pursuant to this Subparagraph shall not operate as a
the Owner.
release of any obligation of a surety.
1.4 ARTICLE 3 - CONTRACTOR
A. Change paragraphs 3.2.2 to read as follows:
3.2.2 Because the Contract Documents are complementary, the Contractor shall, before
starting each portion of the Work, carefully study and compare the various Contract Documents
relative to that portion of the Work, as well as the information furnished by the Owner pursuant to
Section 2.2.3, shall take field measurements of any existing conditions related to that portion of
the Work, and shall observe any conditions at the site affecting it. These obligations are for the
purpose of facilitating coordination and construction by the Contractor and are not for the
purpose of discovering errors, omissions, or inconsistencies in the Contract Documents;
however, the Contractor shall promptly report to the Architect any errors, inconsistencies or
omissions discovered by or made known to the Contractor as a request for information in such
form as the Architect may require. It is recognized that the contractors review is made in the
Contractors capacity as a contractor and not as a licensed design professional, unless otherwise
specifically provided in the Contract Documents. The Contractor shall not be liable to the Owner
or Architect for damage resulting from errors, inconsistencies or omissions in the Contract
Documents unless the Contractor recognized such error, inconsistency or omission and
knowingly failed to report it to the Architect. If the Contractor performs any construction activity
involving
knowing it involves a recognized error, inconsistency or omission in the Contract
Documents without such notice to the Architect, the Contractor shall assume appropriate
all
responsibility for such performance and shall bear an appropriate amount of the attributable
The Contractor shall perform no portion of the Work at any time
costs for correction.
without Contract Documents or, where required, approved Shop Drawings, Product Data
or Samples for such portion of the Work.
B. Change paragraph 3.3.2 to read as follows:
3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the
Sub-subcontractors, vendors, materialmen and
Contractor's employees, Subcontractors,
suppliers
and their agents and employees, and other persons performing portions of the Work
under a contract with the Contractor or any of its Subcontractors.
C. Add the following 3.3.4:
3.3.4Contractor shall maintain a qualified and responsible person available 24 hours per
day, seven days per week to respond to emergencies which may occur after hours.
Contractor shall provide to Owner and Architect the phone number and/or paging service of
this individual.
D. Change paragraph 3.4.1 to read as follows:
3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and
pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat,
storage, parking
utilities, transportation, and other facilities and services necessary for proper
execution and completion of the Work, whether temporary or permanent and whether or not
Should the Contract Documents require
incorporated or to be incorporated in the Work.
work to be performed after regular working hours or should the Contractor elect to
perform work after regular hours, the additional cost of such work shall be borne by the
Contractor.
SUPPLEMENTARY CONDITIONS
DOCUMENT SC-2
E. Add the following paragraphs 3.4.4 through 3.4.6:
3.4.4 Whenever any provisions of the Contract conflict with any agreements or regulation
of any kind in force among members of any trade association, unions or councils, which
regulate what work shall be included in the work of particular trades, the Contractor shall
make all necessary arrangements to reconcile any such conflict without delay or cost to
the Owner and without recourse to the Architect or the Owner.
3.4.5 After the Contract has been executed, the Owner and the Architect will consider a
formal request for the substitution products in place of those specified only under the
conditions set forth in Section 01 60 00 - Post Bid Substitutions.
3.4.6 By making requests for substitutions based on Subparagraph 3.4.4 above, the
Contractor:
.1 represents that the Contractor has personally investigated the proposed product
and determined that it is equal or superior in all respects to that specified.
.2 represents that the Contractor will provide the same warranty for the substitution
that the Contractor would for that specified.
.3 certifies that the cost data presented is complete and includes all related costs
under this Contract except the Architect's redesign costs, and waives all claims for
additional costs related to the substitution which subsequently become apparent; and
.4 will coordinate the installation of the accepted substitute, making such changes as
may be required for the Work to be complete in all respects.
.5 will adhere to the contract schedule
F. Change paragraphs 3.5 to read as follows:
3.5 The Contractor warrants to the Owner and Architect that materials and equipment
furnished under the Contract will be of good quality and new unless the Contract Documents
require or permit otherwise. The Contractor further warrants that the Work will conform with the
requirements of the Contract Documents and will be free from defects, except for those inherent
in the quality of the Work the Contract Documents require or permit. Work, materials or
equipment not conforming to these requirements may be considered defective. The Contractor's
warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not
executed by the Contractor, improper or insufficient maintenance, improper operation, or normal
wear and tear and normal usage. If required by the Architect, the Contractor shall furnish
satisfactory evidence as to the kind and quality of materials and equipment.
G. Change paragraph 3.6.1 to read as follows:
The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the
Contractor that are legally enacted when bids are received or negotiations concluded, whether or
Contractors and approved
not yet effective or merely scheduled to go into effect.
subcontractors will be provided a Sales Tax Exemption Certificate to purchase building
materials, supplies, or equipment in the performance of the contract. The Contractor shall
submit the information necessary for the certificates to be issuedAll such information for
.
said certificates shall be submitted to the City/Owner together in one submission.
H. Change paragraph 3.7.2 to read as follows:
perform the Work in compliance
3.7.2 The Contractor shall comply with and give notices
required by applicable laws, statutes, ordinances, codes, rules, regulations and lawful orders of
public authorities bearing on performance of the Work.
I. Change paragraph 3.7.3 to read as follows:
3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes,
ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor
full
shall assume appropriate responsibility for such Work and shall bear the costs attributable to
and expenses of correcting or replacing such Work.
the correction
SUPPLEMENTARY CONDITIONS
DOCUMENT SC-3
J. Change paragraph 3.7.4 to read as follows:
3.7.4 Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that
are 1) subsurface or otherwise concealed physical conditions that differ materially from those
indicated in the Contract Documents or 2) unknown physical conditions of an unusual nature that
differ materially from those ordinarily found to exist and generally recognized as inherent in
construction activities of the character provided for in the Contract Documents, the Contractor
shall promptly provide notice to the Owner and the Architect before conditions are disturbed and
the next business day
in no event later than 21 days after first observance of the conditions.
The Architect will promptly investigate such conditions and, if the Architect determines that they
differ materially and cause an increase or decrease in the Contractors costs of or time required
for performance of any part of the work, will recommend an equitable adjustment in the Contract
Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not
materially different from those indicated in the Contract Documents and that no change in the
terms of the Contract is justified, the Architect shall promptly notify the Owner and Contractor in
writing, stating the reasons. If either party disputes the Architects determination or
recommendation, that party pay proceed as provided in Article 15.
J. Change paragraph 3.11 to read as follows:
3.11 The Contractor shall maintain at the site for the Owner, one copy of the Drawings,
Specifications, Addenda, Change Orders and other Modifications, in good order and marked
all
currently to indicate field changes and selections made during construction, and one copy of
MSDS Sheets,
approved Shop Drawings, Product Data, Samples and similar required
submittals. These shall be available to the Architect and shall be delivered to the Architect for
submittal to the Owner upon completion of the Work as a record of the Work as constructed.
K. Change paragraph 3.13 to read as follows:
3.13 The Contractor shall confine operations at the site to areas permitted by applicable laws,
statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities and the
Contract Documents and shall not unreasonably encumber the site with materials or equipment.
The Contractor acknowledges that the property on which the Project and Work are
located may be occupied and in use by the Owner during the execution of the Work. The
Contractor shall perform and coordinate its work in such a manner that the portions of
the property occupied and in use will not be encumbered or the use interfered with or
interrupted.
L. Change paragraph 3.17 to read as follows:
3.17 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or
claims for infringement of patent rights and shall hold the Owner and Architect harmless from
loss on account thereof, but shall not be responsible for such defense or loss when a particular
design, process or product of a particular manufacturer or manufacturers is required by the
Contract Documents, or where the copyright violations are contained in Drawings, Specifications
or other documents prepared by the Owner or Architect. However, if the Contractor has reason
to believe that the required design, process or product is an infringement of a copyright or patent,
the Contractor shall be responsible for such loss unless such information is promptly furnished to
and the Owner in writing
the Architect .
M. Change paragraphs 3.18.1 to read as follows:
3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify, defend and hold
harmless the Owner, Architect, Architect's consultants, and agents and employees of any of
them from and against claims, damages, losses and expenses, including, but not limited to
attorneys' fees, arising out of or resulting from performance of the Work, provided that such
claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to
injury to or destruction of tangible property (other than the Work itself), but only to the extent
intentional or
caused in whole or in part by negligent acts or omissions of the Contractor, a
Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they
SUPPLEMENTARY CONDITIONS
DOCUMENT SC-4
may be liable, regardless of whether or not such claim, damage, loss or expense is caused in
part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge,
or reduce other rights or obligations of indemnity that would otherwise exist as to a party or
Nothing in the foregoing Paragraph 3.18.1 is
person described in this Paragraph 3.18.
intended or shall be deemed to constitute an indemnification by the Contractor against
the negligence of any of the parties to be otherwise indemnified pursuant to Paragraph
3.18.1.
N. Change paragraph 3.18.2 to read as follows:
Contractor is not, and shall not be deemed to be, an agent or employee of the City of
3.18.2
Iowa City, Iowa
In claims against any person or entity indemnified under this Section 3.18 by
.
an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them
or anyone for whose acts they may be liable, the indemnification obligation under Section 3.18.1
shall not be limited by a limitation on amount or type of damages, compensation or benefits
payable by or for the Contractor or a Subcontractor under workers compensation acts, disability
benefit acts or other employee benefit acts.
1.5 ARTICLE 4 - ARCHITECT
A. Change paragraph 4.1.2 to read as follows:
4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the
Contract Documents shall not be restricted, modified or extended without written consent of the
Owner, Contractor and Architect. Consent shall not be unreasonably withheld.
B. Change paragraph 4.2.1 to read as follows:
4.2.1 The Architect will provide administration of the Contract as described in the Contract
as provided herein
Documents and will be the Owner's representative during construction and
to the Contractor on the Project.The
until the Architect issues the final Certificate for Payment
Architect will advise and consult with the Owner.
The Architect will have authority to act on
behalf of the Owner only to the extent provided in the Contract Documents.
C. Change paragraph 4.2.3 to read as follows:
4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed
about the progress and quality of the portion of the Work completed, and report to the Owner 1)
known deviations from the Contract Documents and from the most recent construction schedule
submitted by the Contractor, and 2) defects and deficiencies observed in the Work. The
and the Owner
Architect will not be responsible for the Contractor's failure to perform the Work
in accordance with the requirements of the Contract Documents. The Architect and the Owner
will not have control over or charge of and will not be responsible for acts or omissions of the
Contractor, Subcontractors, or their agents or employees, or any other persons or entities
performing portions of the Work.
D. Change paragraphs 4.2.5 through 4.2.6 to read as follows:
observations and
4.2.5 Based on the Architect's evaluations of the Contractor's Applications
recommend to the Owner
for Payment, the Architect will review and certify the amounts due
the Contractor and will issue Certificates for Payment in such amounts.
4.2.6 The Architect has authority to reject Work which does not conform to the Contract
for implementation of
Documents. Whenever the Architect considers it necessary or advisable
the intent of the Contract Documentsrecommend to the
, the Architect will have authority to
Owner to
require additional inspection or testing of the Work in accordance with Subparagraphs
13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However,
neither this authority of the Architect nor a decision made in good faith either to exercise or not to
exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor,
Subcontractors, material and equipment suppliers, their agents or employees, or other persons
SUPPLEMENTARY CONDITIONS
DOCUMENT SC-5
performing portions of the Work.
E. Change paragraphs 4.2.10 through 4.2.12 to read as follows:
4.2.10 If the Owner and Architect agree, the Architect will provide one or more project
representatives to assist in carrying out the Architect's responsibilities at the site. The duties,
responsibilities and limitations of authority of such project representatives shall be as set forth in
an exhibit to be incorporated in the Contract Documents.
make recommendations to the Owner regarding
4.2.11 The Architect will interpret and decide
matters concerning performance under and requirements of the Contract Documents on written
request of either the Owner or Contractor. The Architect's response to such requests will be
If
made in writing within any time limits agreed upon or otherwise with reasonable promptness.
no agreement is made concerning the time within which recommendations required of
the Architect shall be furnished in compliance with this Paragraph 4.2, then the Architect
shall furnish such recommendations within such reasonable time after the request is
made that allow sufficient time in the professional judgment of the Architect for review
.
recommendations
4.2.12 Interpretations and decisions of the Architect will be consistent with
the intent of and reasonably inferable from the Contract Documents and will be in writing or in
recommendations
the form of drawings. When making such interpretations and decisions, the
Architect will endeavor to secure faithful performance by both Owner and Contractor, will not
recommendations
show partiality to either and will not be liable for results of interpretations or
decisions rendered in good faith.
1.6 ARTICLE 5 - SUBCONTRACTORS
A. Delete paragraph 5.2.1 and add the following:
5.2.1 The CONTRACTOR shall provide, within 24 hours of the bid opening, a list those
persons, firms, companies or other parties to whom it proposes/intends to enter into a
subcontract regarding this project as required on the Bid Form and the Agreement.
1. If no minority business enterprises (MBE) are utilized, the CONTRACTOR
shall furnish documentation of all efforts to recruit MBE's.
B. Change paragraph 5.3 to read as follows:
5.3 By appropriate agreement, written where legally required for validity, the Contractor shall
require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to
be bound to the Contractor by terms of the Contract Documents, and to assume toward the
Contractor all the obligations and responsibilities which the Contractor, by these Documents,
assumes toward the Owner and Architect. Each subcontract agreement shall preserve and
protect the rights of the Owner and Architect under the Contract Documents with respect to the
Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such
rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the
subcontract agreement, the benefit of all rights, remedies and redress against the Contractor
that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the
Contractor shall require each Subcontractor to enter into similar agreements with
Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior
to the execution of the subcontract agreement, copies of the Contract Documents to which the
Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the
Subcontractor terms and conditions of the proposed subcontract agreement which may be at
variance with the Contract Documents. Subcontractors shall similarly make copies of applicable
All
portions of such documents available to their respective proposed Sub-subcontractors.
warranties provided by the Subcontractors, including all express and implied warranties
in the Contract Documents and the agreements between the Contractor and the
Subcontractors and all warranties provided by law, shall run to and be for the benefit of
the Owner, and the Owner shall have a direct right of action against the Subcontractors
for any breach of said warranties.
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1.7 ARTICLE 6 - CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS
A. Delete paragraph 6.1.4 in its entirety.
B. Change paragraph 6.2.4 to read as follows:
6.2.4 The Contractor shall promptly remedy damage the Contractor wrongfully causes to
completed or partially completed construction or to property of the Owner or separate contractors
as provided in Subparagraph 10.2.5.
1.8 ARTICLE 7 - CHANGES IN THE WORK
A. Change paragraph 7.2.1 to read as follows:
7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the
andapproved by
Owner Contractor and the Architect, stating their agreement upon all of the
following:
B. Add paragraph 7.2.2 as follows:
7.2.2 A Change Order is conclusively presumed to include all adjustments in Contract
Time and Contract Sum necessary to complete the change to the Work and related parts
of the Work.
C. Add paragraph 7.2.3 as follows:
7.2.3 In all Change Orders or Construction Change Directives, the allowance for
Overhead and profit to be included in the total cost to the Owner shall not exceed the
following amounts:
.1 For the Contractor, for any Work performed directly by the Contractor's employees,
not including oversight of such work performed by subcontractor, fifteen percent (15%)
of the cost.
.2 For the Contractor, for Work performed by his Subcontractor, ten percent (10%) of
the amount due the Subcontractor.
.3 For each Subcontractor, or Sub-subcontractor involved, for any Work performed by
such contractor's own forces, fifteen percent (15%) of the cost.
.4 For each Subcontractor, for Work performed by his Sub-subcontractors, five
percent (5%) of the amount due the Sub-subcontractor.
.5 In order to facilitate checking of quotations for extras or credits, all proposals,
except those so minor that their propriety can be seen by inspection, shall be
accompanied by a complete itemization of costs including labor, materials and
Subcontracts. In no case will a change involving over $200.00 be approved without such
itemization.
.6 Unless otherwise agreed, costs to which overhead and profit are to be applied shall
be those costs listed in Subparagraph 7.3.6.
1.9 ARTICLE 8 - TIME
A. Change paragraph 8.2.3 to read as follows:
8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve
The Contractor shall bear all costs for
Substantial Completion within the Contract time.
overtime and all additional expense which may arise in order to achieve Substantial
Completion within the Contract Time.
B. Add paragraph 8.2.4 to read as follows:
8.2.4 If, upon the recommendation of the Architect, it becomes necessary at times during
construction for the Owner to accelerate the work, each Contractor or subcontractor
when ordered and directed by the Owner, shall cease work at any point and shall transfer
his men to such points and execute such portion of his work as may be required to
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DOCUMENT SC-7
enable others to properly engage in and carry on their work.
C. Change paragraph 8.3.1 to read as follows:
8.3.1 If the Contractor is delayed at any time in progress of the Work by an act or neglect of the
Owner or Architect, or of an employee of either, or of a separate contractor employed by the
Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries,
unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized
by the Owner pending arbitration, or by other causes which the Architect determines may justify
delay, then the Contract Time shall be extended by Change Order for such reasonable time as
Owner, with the advice of the Architect, may determine. Such delays shall not be a
the
basis for damages. An extension of the Contract Time is the Contractor's sole remedy for
such delay.
D. Delete paragraph 8.3.3 in its entirety.
E. Add paragraph 8.4 LIQUIDATED DAMAGES to read as follows:
Since the actual monetary value of damages sustained by the Owner as a result of
delayed completion of the Work is extremely difficult or impractical to assess, the Owner
and Contractor agree as follows:
1. Upon failure of the Contractor to achieve Substantial Completion of the Work in
compliance with requirements of the Contract Documents: The Contractor shall
pay as liquidated damages, and not as a penalty, the sum of amount as listed in
the Notice to Bidders (or Instruction to Bidders) for each calendar day that
Substantial Completion is delayed beyond the date written in the Agreement,
subject to adjustments of the Contract Time as provided for in the Contract
Documents.
2. The Owner shall give written notice to the Contractor of intent to assess
liquidated damages pursuant to provisions of this Article. Calculation of the
amount of liquidated damages shall commence on the date the Owner notifies the
Contractor of this intent.
3. Liquidated damages assessed in accordance with these provisions are exclusive
of other monetary damages to which the Owner may be entitled as a direct result
of the Contractors failure to achieve final completion of the Work in accordance
with requirements of the Contract Documents. These liquidated damages are not
intended to be exclusive of Owners right to terminate this Contract based on
Contractors failure to comply with the terms and provisions of the Contract.
4. Partial performance of the Work of this Contract shall not relieve the Contractor
from liability for liquidated damages.
5. Contractors liability for liquidated damages shall cease upon issuance of
Substantial Completion Certificate for the Work of the Contract.
6. Notwithstanding anything in the Contract Documents to the contrary, amounts
assessed to the Contractor as liquidated damages may be deducted by the Owner
from any money payable to the Contractor pursuant to this Contract. The Owner
shall notify the Contractor in writing of a claim for liquidated damages prior to the
date the Owner deducts such sum from money payable to the Contractor.
1.10 ARTICLE 9 - PAYMENTS AND COMPLETION
A. Add the following paragraph 9.3.1.3.
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.3 The first payment application shall be accompanied by Contractor's partial waiver of
lien only, for the full amount of the payment. Each subsequent monthly payment
application shall be accompanied by the Contractor's partial waiver and by the partial
waivers of Subcontractors and Suppliers who were included in the immediately preceding
payment application to the extent of that payment. Application for final payment shall be
accompanied by final waivers of lien from the Contractor, Subcontractor and Suppliers
who have not previously furnished such final waivers.
B. Change paragraph 9.4.1 to read as follows:
9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for
Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for
such amount as the Architect determines is properly due, or notify the Contractor and Owner in
writing of the Architect's reasons for withholding certification in whole or in part as provided in
Nothing herein shall be construed as requiring the Architect to
Subparagraph 9.5.1.
reduce the retainage to be applied to payment applications. All certifications and
payments, including those pursuant to a pending claim, shall be tentative and conditional
and it shall not be necessary for the Architect to make any statement to this effect.
C. Add paragraph 9.4.2.1:
9.4.2.1 The Architect's determination as to the issuance of or withholding of or the
amount of payment reflected on Certificates of Payment shall subject the Architect to no
liability whatsoever to the Owner, Contractor, Surety, or any other person.
D. Change paragraph 9.6.1 to read as follows:
partial payments to the Contractor within 30 days after the
9.6.1 The Owner shall make
Owner has received a Certificate for Payment from the Architect. To insure proper
performance of the Contract, the Owner will retain 5% of each payment amount or such
larger amount as will insure that there always remains a sufficient balance to complete
the work, such retainage to be held until Final Acceptance of Work and shall so notify the
Architect.
Payment in the manner and within the time provided in the Contract Documents, and
shall so notify the Architect.
E. Change paragraph 9.8.4 to read as follows:
When the Work or designated portion thereof is substantially complete, the Architect will prepare
a Certificate of substantial Completion that shall establish the date of Substantial Completion,
shall establish responsibilities of the Owner and contractor for security, maintenance, heat,
utilities, damage to the Work, and insurance, and shall fix the time within which the contractor
shall finish all items on the list accompanying the Certificate. Warranties required by the Contract
Documents shall commence on the date of Substantial Completion of the Work or designated
portion thereof unless otherwise provided in the Certificate of Substantial Completion.
F. Add paragraph 9.10.6:
9.10.6 Notwithstanding any provision to the contrary in this Contract, final payment of the
retainage due the Contractor will be made not earlier than 31 days from the final
acceptance of the work by the Owner, subject to the conditions and in accordance with
the provisions of Chapter 573 of the Code of Iowa (2009), as amended.
G. Add paragraph 9.10.7:
Warranties required by the Contract Documents, including those stated in the
9.10.7
performance and payment bond, shall commence on the date of final, formal acceptance
of the work by the City.
1.11 ARTICLE 10 - PROTECTION OF PERSONS AND PROPERTY
A. Add paragraph 10.1.1:
1. The Contractor will provide Material Safety Data Sheets (MSDS) for all hazardous
SUPPLEMENTARY CONDITIONS
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chemicals or materials that will be at the job site. The Material Safety Data Sheets will be
submitted to the Owner prior to the start of construction and supplemented as necessary
throughout the project. This data is being provided for informational purposes only and
does not relieve the contractor of any obligations for compliance with applicable OSHA and
State laws regarding hazardous chemicals and right-to-know.
B. Change paragraph 10.2.4 to read as follows:
1.
When use or storage of explosives or other hazardous materials or equipment or unusual
the Contractor shall give the Owner
methods are necessary for the execution of the Work,
reasonable advance notice
and shall exercise utmost care and carry on such activities under
supervision of properly qualified personnel.
C. Add paragraph 10.2.9:
10.2.9 When required by law or for the safety of the Work, the Contractor shall shore up,
brace, underpin and protect foundations and other portions of existing structures which
are in any way affected by the Work. The Contractor, before commencement of any part
of the Work, shall give any notices required to be given to adjoining landowners or other
parties. The Owner shall be notified once these notices have been served and before the
work is performed.
1.12 ARTICLE 11 - INSURANCE AND BONDS
A. Change paragraph 11.1.1.5 to read as follows:
.5 claims for damages, other than to the Work itself, because of injury to or destruction of
explosion, collapse and damage to underground utilities and
tangible property, including
loss of use resulting therefrom;
B. Change paragraph 11.1.2 to read as follows:
11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than limits of
liability specified in the Contract Documents or required by law, whichever coverage is greater.
shall beand
Coverage whether written on an occurrence or claims-made basis shall be
maintained without interruption from the date of commencement of the Work until the date of
final payment and termination of any coverage required to be maintained after final payment,
and, with respect to the contractors completed operations coverage, until the expiration of the
period for correction of Work or for such other period for maintenance of completed operations
coverage as specified in the Contract Documents.
C. Change paragraph 11.1.3 to read as follows:
11.1.3 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to
commencement of the Work and thereafter upon renewal or replacement of each required policy
The name, address and phone number of the insurance company and agent
of insurance.
must accompany the certificate. The liability limits required hereunder must apply to this
Project only
. These certificates and the insurance policies required by this Section 11.1 shall
contain a provision that coverages afforded under the policies will not be canceled or allowed to
expire until at least 30 days prior written notice has been given to the Owner. An additional
certificate evidencing continuation of liability coverage, including coverage for completed
operations, shall be submitted upon final Application for Payment as required by Section 9.10.2 and
thereafter upon renewal or replacement of such coverage until the expiration of the time required by
Section 11.1.2. Information concerning reduction of coverage on account of revised limits or claims
paid under the General Aggregate, or both, shall be furnished by the Contractor with reasonable
promptness.
D. Delete paragraph 11.1.4 in its entirety and add the following paragraphs 11.1.4 through 11.1.14:
11.1.4Any 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
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in the following type and minimum amounts:
Type of Coverage
Aggregate
Comprehensive General Liability Each Occurrence
Bodily Injury & Property Damage*
$1,000,000 $2,000,000
Combined Single Limit
Automobile Liability
Bodily Injury & Property Damage
$1,000,000
Excess Liability $1,000,000
$1,000,000
Employers Liability
Each Accident
$500,000
Each Employee
$500,000
Policy Limit
$500,000
Professional Liability (if applicable) $1,000,000
$1,000,000
Workers Compensation Insurance as required by Chapter 85, Code of Iowa.
Property Damage liability insurance must provide explosion, collapse and underground coverage.
Comprehensive General Liability using Insurance Services Office CG0001 or equivalent, shall include
Contractual, Premises & Operations, Products & Completed Operations, Independent Contractors,
Personal & Advertising Injury coverages, and Aggregate Limits of Insurance (Per Project)
endorsement.
Automobile Liability shall include all owned, non-owned and hired autos and also coverage for
Contractual Liability.
Excess Liability shall provide no less than following form coverage to the primary underlying policies.
Workers Compensation shall include the Alternative Employer and Waiver of Subrogation
endorsements in favor of the Owner.
Professional Liability, if applicable: Tthe Contractor shall procure and maintain, during the life of this
Agreement, Professional Errors and Omissions Liability Insurance. The Contractor will notify the
Owner if claims made erode the policy limits below those required above.
All liability policies above, except for Workers Compensation and Professional Liability, shall include
the Owners Governmental Immunities Endorsement. [See attached].
11.1.5 The City requires that the Contractor's Insurance carrier be A rated or better by
A.M. Best. In addition, the Contractor shall be required to comply with the following
provisions with respect to insurance coverage:
11.1.6 The entire amount of Contractor's liability insurance policy coverage limits,
identified in the policy and in the Certificate of Insurance, must, under the policy, be
available to pay damages for which the insured Contractor becomes liable, or for which
the insured assumes liability under the indemnity agreement herein contained, and such
coverage amount shall not be subject to reduction or set off by virtue of investigation or
defense costs incurred by Contractor's insurer.
11.1.7 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 City. Contractor's Certificate of Insurance must set forth the nature and amount of
any such deductible or self-insured retention.
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11.1.8 If Contractor's liability insurance coverage is subject to any special exclusions or
limitations not common to the type of coverage being provided, such exclusions or
limitations shall be noted on the Certificate of Insurance and copies of such shall be
attached thereto.
11.1.9 The Contractor shall include the City as additional insured on all policies except
workers compensation. The Contractor shall include the Owner (City of Iowa City,
including its employees, agents and assigns) as additional insured on all policies, except
workers compensation and professional liability. Such additional insured
endorsement(s) shall make the Contractors liability insurance primary to the Owners
and, furthermore, shall not be contributing with any other insurance or similar protection
available to the Owner, whether such available protection be primary, contributing or
excess. Owner shall be an Additional Insured with repect to all required aforementioned
coverages, which shall be stated on all Certificates of Insurance. Such Certificates shall
also state that the Governmental Immunities Endorsement (see attached) apply and said
endorsements shall be attached thereto.
The Contractor shall require any of its agents and subcontractors who perform work
and/or services pursuant to the provisions of this Agreement to purchase and maintain
the same types of insurance as are required of the Contractor.
11.1.10 The City prefers that Contractor provide it with "occurrence form" liability
insurance coverage. If Contractor can only provide "claims-made" insurance coverage, then
the Contractor must comply with the following requirements:
A. If the Contractor changes insurance carriers, or if Contractor's insurance
coverage is canceled, during the contract period or within two years after City's
acceptance of the work, Contractor agrees to immediately notify the City of such
event.
B. If Contractor's insurance is canceled or is allowed to lapse during said period,
Contractor shall be required to obtain replacement insurance coverage to fulfill
its obligation hereunder.
C. If, during said period, Contractor voluntarily changes insurance carriers or is
required to obtain replacement coverage from another carrier, Contractor shall
either (1) purchase "tail" coverage from its first carrier effective for a minimum of
two years after City Council acceptance of the work, or (2) purchase "prior acts"
insurance coverage from its new carrier, covering prior acts during the period of
this Contract from and after its inception.
D. "Tail" or "prior acts" coverage so provided shall have the same coverage, with
the same limits, as the insurance specified in this Contract, and shall not be
subject to any further limitations or exclusions, or have a higher deductible or
self-insured retention than the insurance which it replaces
11.1.11 The City reserves the right to waive any of the insurance requirements herein
provided. The City also reserves the right to reject Contractor's insurance if not in
compliance with the requirements herein provided, and on that basis to either award the
contract to the next low bidder, or declare a default and seek specific performance or
termination, as the case may be.
11.1.12 In the event that any of the policies of insurance or insurance coverage
identified on Contractor's Certificate of Insurance are canceled or modified, or in the
event that Contractor incurs liability losses, either due to activities under this Contract, or
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DOCUMENT SC-12
due to other activities not under this Contract but covered by the same insurance, and
such losses exhaust the aggregate limits of Contractor's liability insurance, then in that
event the City may in its discretion either suspend Contractor's operations or activities
under this Contract, or terminate this Contract, and withhold payment for work performed
on the Contract.
11.1.13 In the event that any of the policies or insurance coverage identified on
Contractor's Certificate of Insurance are canceled or modified, then in that event the City
may in its discretion either suspend Contractor's operations or activities under this
Contract, or terminate this Contract, and withhold payment for work performed on the
Contract.
11.1.14 Contractor shall be responsible for any deductible amounts; including but
not limited to the owners deductible on the owners builders risk.
E. Delete paragraphs 11.3 in its entirety and add paragraphs 11.3 as follows:
11.3 PROPERTY INSURANCE
11.3.1 OWNER shall purchase and maintain property insurance upon the Work at the Site
in the amount of the full replacement cost thereof (subject to such deductible amounts as
may be provided in the Supplementary Conditions or required by Laws and Regulations).
This insurance shall:
.1 include the interests of OWNER, CONTRACTOR, Subcontractors, Owners
Engineering Consultants, and any other individuals or entities identified in the
Supplementary Conditions, and the officers, directors, partners, employees, agents, and
other consultants and subcontractors of each and any of them, each of whom is deemed
to have an insurable interest and shall be listed as an additional insured;
.2 be written on a Builder's Risk "all-risk" or open peril or special causes of loss
policy form that shall at least include insurance for physical loss or damage to the Work,
temporary buildings, false work, and materials and equipment in transit, and shall insure
against at least the following perils or causes of loss: fire, lightning, extended coverage,
theft, vandalism and malicious mischief, earthquake, collapse, debris removal, water
damage, and such other perils or causes of loss as may be specifically required by the
Supplementary Conditions;
.3 include expenses incurred in the repair or replacement of any insured property;
.4 include $100,000 for materials and equipment stored at the Site or at another
location that was agreed to in writing by OWNER prior to being incorporated in the Work,
provided that such materials and equipment have been included in an Application for
Payment recommended by OWNER;
.5 allow for partial utilization of the Work by OWNER;
.6 include testing and startup; and
.7 be maintained in effect until final payment is made.
.8 Such coverage shall not include coverage for loses or damage caused
by the negligent acts or omissions of Contractor or Subcontractors, or for damage to
material or equipment while under the control of or stored by Contractor prior to
installation or prior to inclusion of such material or equipment in construction.
Contractor shall maintain appropriate insurance for such risks or occurrences
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DOCUMENT SC-13
11.3.2 OWNER shall purchase and maintain such boiler and machinery insurance which
shall specifically cover such insured objects or additional property insurance as may be
required by Laws and Regulations which will include the interests of OWNER,
CONTRACTOR, Subcontractors, OWNER's Engineering Consultants, and any other
individuals or entities identified in the Supplementary Conditions, each of whom is
deemed to have an insurable interest and shall be listed as an insured or additional
insured.
11.3.3 All the policies of insurance (and the certificates or other evidence thereof)
required to be purchased and maintained in accordance with paragraph 5.06 will contain
a provision or endorsement that the coverage afforded will not be canceled or materially
changed or renewal refused until at least 30 days prior written notice has been given to
OWNER and CONTRACTOR and to each other additional insured to whom a certificate of
insurance has been issued and will contain waiver provisions.
11.3.5 If CONTRACTOR requests in writing that other special insurance be included in the
property insurance policies provided under paragraph 5.06, OWNER shall, if possible,
include such insurance, and the cost thereof will be charged to CONTRACTOR by
appropriate Change Order or Written Amendment. Prior to commencement of the Work at
the Site, OWNER shall in writing advise CONTRACTOR whether or not such other
insurance has been procured by OWNER.
F. Delete section 11.4 in its entirety and add paragraph 11.4 to read as follows:
11.4.1 The Contractor shall furnish a Performance Bond and Labor and Material Payment
Bond from a surety using the form included in the Contract Documents, each in an
amount equal to the Contract Price. Cost of such Bonds shall be included in the base
bid. Each alternative bid shall include the additional Bond cost. Contractor shall deliver
the required Bonds to the Owner prior to the signing of the Agreement.
.1 The Performance, Labor and Material Bond shall be executed in conformity with the
American Institute of Architect's Document A-312 (1984 Edition), with coverage provided
by a surety having a financial rating from A.M. Best of A, VII or higher.
.2 Whenever the Contractor shall be and is declared by the Owner to be in default
under the Contract, the Surety and Contractor are each responsible to make full payment
to the Owner for any and all additional services of the Architect as defined in the
Owner/Architect Agreement which are required as a result of the Contractor's default and
in protecting the Owner's right under the agreement with the Contractor to remedy the
Contractor's default or honor the terms of the Performance Bond.
.3 These Bonds shall be maintained by the Contractor and shall remain in full force
and effect until final acceptance of the Work by the Owner. The Contractor agrees and
will cause the Surety to agree to be bound by each and every provision of all the Contract
Documents.
.4 The Surety shall give written notice to Owner, within seven (7) days after receipt of
a declaration of default, of the Surety's election either to remedy the default or defaults
promptly or to perform the work promptly or to pay to Owner the penal sum of the bond,
time being of the essence. In said notice of election, the Surety shall indicate the date on
which the remedy or performance will commence, and it shall then be the duty of the
Surety to give prompt notice in writing to Owner immediately upon completion of (a) the
remedy and/or correction of each default, (b) the remedy and/or correction of each
omitted item of work, (c) the furnishing of each omitted item of work, and (d) the
performance of the work. The Surety shall not assert solvency of its Principal or its
Principal's denial of default as justification for its failure to promptly remedy the default
or defaults or perform the work.
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DOCUMENT SC-14
.5 The Principal and Surety further agree as part of this obligation to pay all such
damages of any kind to person or property that may result from a failure in any respect to
perform and complete the Work including, but not limited to, all repair and replacement
costs necessary to rectify construction error, architectural and engineering costs and
fees, all consultant fees, all testing and laboratory fees, and all legal fees and litigation
costs incurred by the Owner.
.6 The Surety agrees that other than as is provided in the Bond it may not demand of
the Owner that the Owner shall (a) perform any thing or act, (b) give any notice, (c)
furnish any clerical assistance, (d) render any service, (e) furnish any papers or
documents, or (f) take any other action of any nature or description which is not required
of the Owner to be done under the Contract Documents.
11.4.2 Surety shall be satisfactory to the Owner and shall be authorized to do business in
the state of Iowa.
1.13 ARTICLE 13 - MISCELLANEOUS PROVISIONS
A. Change paragraph 13.1 to read as follows:
laws of the State of Iowa
13.1 The Contract shall be governed by the of the place where the
Project is located except that, if the parties have selected arbitration as the method of binding
dispute resolution, the Federal Arbitration Act shall govern Section 15.4.
B. Change paragraph 13.3.1 to read as follows:
13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the
individual, to a member of the firm or entity or to an officer of the corporation for which it was
intended, or if delivered at or sent by registered or certified mail to the last business address
known to the party giving notice.
C. Change paragraph 13.5.1 to read as follows:
13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the
Contract Documents and by applicable laws, statutes, ordinances, codes, rules, and regulations
or lawful orders of public authorities. Unless otherwise provided, the Contractor shall make
arrangements for such tests, inspections and approvals with an independent testing laboratory or
entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related
and Owner
costs of tests, inspections and approvals. The Contractor shall give the Architect
and
timely notice of when and where tests and inspections are to be made so the Architect
Owner
may observe such procedures. The Owner shall bear costs of 1) tests, inspections or
approvals that do not become requirements until after bids are received or negotiations
concluded and 2) tests, inspections or approvals where building codes or applicable laws or
Copies of all
regulations prohibit the Owner from delegating their cost to the Contractor.
reports, data and other documents related to tests, inspections and approvals shall be
provided to the Architect as soon as practicable.
D. Delete paragraphs 13.7.
E. Add the following Section 13.8:
13.8 The Contractor shall maintain policies of employment as follows:
.1 The Contractor and the Contractor's subcontractors shall not discriminate against
any employee or applicant for employment because of race, religion, color, sex, age,
disability or national origin or otherwise as may be required by local or state ordinance.
The Contractor shall take affirmative action to insure that applicants are employed, and
that employees are treated during employment without regard to their race, religion,
color, sex, age, disability or national origin or otherwise as may be required by local or
state ordinance. Such action shall include, but not be limited to, the following:
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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 setting forth the policies
of non-discrimination.
.2 The Contractor and the Contractor's subcontractors shall, in all solicitations or
advertisements for employees placed by them or on their behalf, state that all qualified
applicants will receive consideration for employment without regard to race, religion,
color, sex, age, disability or national origin or otherwise as may be required by local or
state ordinance
F. Add the following Section 13.9:
13.9 The Contractor shall maintain CONTRACT COMPLIANCE PROGRAM (ANTI
DISCRIMINATION REQUIREMENTS) for all contracts of $25,000 or more, the Contractor shall
abide by the requirements of the City's Contract Compliance Program, which is included with
these Specifications beginning on page CC-1.
1.14 ARTICLE 14 - TERMINATION OR SUSPENSION OF THE CONTRACT
A. Add the following paragraph 14.2.1.5:
.5 fails or refuses to provide insurance or proof of insurance as required by the
Contract Documents.
B. Change paragraph 14.2.4 to read as follows:
14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including
compensation for the Architect's services and expenses made necessary thereby, and other
damages incurred by the Owner and not expressly waived, such excess shall be paid to the
Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to
the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be
certified by the Initial Decision Maker, upon application, and this obligation for payment shall
The Contractor shall bear all testing, engineering,
survive termination of the Contract.
accounting, and legal expenses made necessary as a result of termination of the
Contract.
1.15 ARTICLE 15- CLAIMS AND DISPUTES
A. Change paragraphs 15.1.1 through 15.1.3 to read as follows:
15.1.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of
similaradministration
right, payment of money, or other relief with respect to the terms of the
during the performance of the Work.
Contract The term "Claim" also includes other disputes
and matters in question between the Owner and Contractor arising out of or relating to the
Contract. The responsibility to substantiate Claims shall rest with the party making the Claim.
Nothing in this Article is intended to limit claims by the Owner related to the performance
of or quality of the Work.
15.1.2 Notice of Claims. Claims by either the Owner or Contractor must be initiated by written
notice to the other party and to the Initial Decision Maker with a copy sent to the Architect if the
Architect is not serving as the Initial Decision Maker. Claims by either party must be initiated
within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the
An additional
claimant first recognizes the condition giving rise to the Claim, whichever is later.
Claim relating to the same subject matter made after the initial Claim has been
implemented by Change Order will not be considered and is deemed waived by the
Contractor.
unless submitted in a timely manner.
15.1.3 Continuing Contract Performance. Pending final resolution of a Claim, except as
otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall
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proceed diligently with performance of the Contract and the Owner shall continue to make
for sums not in dispute
payments in accordance with the Contract Documents. The Architect
will prepare Change Orders and issue Certificates for Payment in accordance with the decisions
of the Initial Decision Maker.
B. Change paragraph 15.2.5 to read as follows:
15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the claim,
or indicating that the Initial Decision Maker is unable to resolve the claim. This initial decision
shall 1) be in writing, 2) state the reasons therefore, and 3) notify the parties and the Architect, if
the Architect is not serving as the Initial Decision Maker, of any change in the Contract Sum or
Contract Time or both. The approval or rejection of a Claim by the initial decision shall be final
and binding on the parties but subject to mediation and, if the parties fail to resolve their disputes
through mediation, to binding dispute resolution arbitration.
C. Delete paragraphs 15.2.6 and 15.2.6.1 in their entirety.
D. Delete Section 15.3 MEDIATION in its entirety.
E. Delete Section 15.4 ARBITRATION in its entirety.
F. Add the following paragraph 15.5 to read as follows:
15.5 The Owner and Contractor may exercise such rights or remedies as either may
otherwise have under the Contract Documents or by Laws or Regulations in respect of
any dispute. Disputes shall be resolved by legal or equitable proceedings in a court of
appropriate jurisdiction. Under no circumstances shall binding arbitration be required as
.
to any dispute arising between the parties or under the Contract Documents
END OF DOCUMENT 00800
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