HomeMy WebLinkAbout01-09-2020 Airport CommissionIOWA CITY AIRPORT COMMISSION
MEETING AGENDA
AIRPORT TERMINAL BUILDING
1801 S. RIVERSIDE DRIVE
IOWA CITY, IOWA
THURSDAY JANUARY 9, 2020 - 6:00 P.M.
1. Determine Quorum
2. Approval of Minutes from the following meetings: 5 min*
December 12, 2019
3. Public Discussion - Items not on the agenda 5 min
4. Items for Discussion / Action:
a. Airport Website Update 30 min
i. Consider a resolution approving agreement with FUEL
b. FAA/IDOT Projects: 15 min
i. Obstruction Mitigation
ii. Runway 25 Threshold Relocation
iii. Terminal AproniTaxiway reconstruction
1. Public Hearing
2. Consider a resolution approving plans, specifications, form of contract and
estimate and placing bids.
iv. Fuel Farm Expansion and card reader kiosk replacement
1. Consider a resolution setting public hearing on plans, specifications, form of
contract and estimate.
c. Airport "Operations" 30 min
i. Management
1. Consider a resolution approving agreement with Jet Air for flight simulator
management
ii. Budget
iii. Events
d. FBO / Flight Training Reports 10 min
i. Jet Air
e. Commission Members' Reports 2 min
f. Staff Report 2 min
5. Consider a motion to go into executive session under Section 21.5(1)(i) of the Iowa Code to evaluate the
professional competency of individuals whose appointment, hiring, performance or discharge is being
considered when necessary to prevent needless and irreparable injury to that individual's reputation and
that individual requests a closed session.
6. Set next regular meeting for February 13, 2020
7. Adjourn
*The times listed in the agenda are the anticipated duration of that particular agenda item. The actual
discussion may take more or less time than anticipated
if you will need disability -related accommodations in order to participate in this program/event,
please contact Michael Tharp, Airport Operations Specialist, at 319-356-5045 or at michael-
tharp L-1iowa-city. org. Early requests are strongly encouraged to allow sufficient time to meet
your access needs.
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020 Page 2 of 237
December 12, 2019
Page 1
MINUTES DRAFT
IOWA CITY AIRPORT COMMISSION
DECEMBER 12, 2019 — 6:00 P.M.
AIRPORT TERMINAL BUILDING
Members Present: Warren Bishop, Scott Clair, Christopher Lawrence, Judy Pfohl
Members Absent: Bob Libby
Staff Present: Eric Goers, Michael Tharp
Others Present: Todd Allyn, Matt Wolford, David Price, Jared Wingo, Carl Byers, Bruce
Pfohl
RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council
action):
None.
DETERMINE QUORUM:
The meeting was called to order at 6:01 P.M.
APPROVAL OF MINUTES:
First order of business was to review minutes from the November 14, 2019, meeting. Bishop
moved to accept the minutes from the November 14, 2019, meeting as presented. Pfohl
seconded the motion. The motion carried 4-0, Libby absent.
PUBLIC DISCUSSION: None.
ITEMS FOR DISCUSSION/ACTION:
a. Airport Website Update — Tharp asked for a deferral on this item, until next
month's meeting.
i. Consider a resolution approving agreement with FUEL
**Tharp asked for a change in the agenda at this point, moving to Item d.i.2 — request to
use old runway 36 for autocross events.
b. FAAIIDOT Projects
i. Obstruction Mitigation — Tharp stated that all contracts have been
signed and tree removal begins this coming Monday. The contractor will
be starting on the southeast side and then moving their way north. Matt
Wolford with Jet Air asked for some clarification on this and the runway 25
project.
ii. Runway 25 Threshold Relocation — Tharp stated that the surveys are
done. Next week they have a meeting with Tech Ops, at which time they
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020 Page 3 of 237
December 12, 2019
Page 2
will figure out approach lighting placement, etc. Members then asked
questions regarding this project.
iii. Terminal Apron/Taxiway reconstruction — Tharp stated that they are
ready to begin the bid process at this point. He reminded Members that
this project was delayed last year due to funding issues. The new
estimate is in line with what they saw last year.
1. Consider a resolution setting public hearing on plans,
specifications, form of contract and estimate — Lawrence moved
to consider Resolution A19-18, setting public hearing on
plans, specifications, form of contract and estimate. Clair
seconded the motion. The motion carried 4-0, Libby absent.
iv. Fuel Farm Expansion and card reader kiosk replacement — Tharp
stated that this project will begin next month. Specs are being finalized at
this point.
V. FY21 Airport Improvement Program (AIP) Pre -Application — Tharp
noted that if there are no further comments regarding this pre-app, it will
be prepared to go to the State for forwarding to the FAA.
C. GIS system demonstration — Tharp spoke to this, noting that Jared Wingo with
Bolton & Menk is present to give a demonstration to the Commission. He noted
that a GIS system would be beneficial for the Airport to use for asset
management and other such activities. Wingo then addressed Members, giving
a high-level review of a GIS system and the various ways the Airport could
benefit from such a system. He noted that Tharp and Wolford can have some
time to use the system, to see for themselves how it can be of help in their work.
Airport Operations
i. Management —
1. Consider a resolution amending agreement with University of
Iowa — Tharp spoke to this, noting that the University testing has
run long as they did not get started when they had planned.
Therefore they are requesting more time to complete their driving
studies. He noted that the amendment in the meeting packet
goes to April 30, 2020. Otherwise the terms remain the same,
according to Tharp. Pfohl moved to consider Resolution #A19-
19, amending agreement with University of Iowa. Clair
seconded the motion. The motion carried 4-0, Libby absent.
2. Request to use old runway 36 for autocross events — David
Price, a professor of biochemistry at the University of Iowa,
addressed the Commission. He noted that he sent some
information to the Members regarding his requested proposal. He
then briefly shared what the events are typically like, as well as
how the board handles preparing for such events, i.e., set-up,
insurance needs, advertising, clean up afterwards. Price noted
that the club really needs a place to host events and they are
happy to pay some type of fee for that usage. He then responded
to Member questions. Pfohl asked if medical assistance is
needed on -site during such events. Price stated that they have
not needed to, that what they do is not very dangerous. Another
question was on barricades and if they would be needed. Price
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020 Page 4 of 237
December 12, 2019
Page 3
spoke to safety and that they have a safety steward on -site, as
safety is always a major concern.
Speaking to insurance needs, Price was asked how they handle
this. He stated that everything is covered, from the people
involved in the event to the site they are on for the event. Tharp
then noted that a few years ago another group approached the
Commission with such a proposal. At that time the farming
operation had their test plots near this runway and the
Commission had to turn it down. Tharp added that this is no
longer a factor to contend with. He noted that the Commission
does have the right to set requirements, such as requiring
barriers. Tharp noted that he can proceed to the contract stage, it
Members are agreeable with this proposal. After some further
discussion, the Commission asked that he proceed.
ii. Budget — Tharp stated that the next round of budget meetings with the
City are January 4, 2020, when the City departments present their
budgets to Council. Then on January 7, 2020, the capital improvements
portion of the budget are presented to Council.
1. Flight Simulator — Tharp stated that the survey is closed now.
There were 20 individuals who preregistered to pledge to
purchase hours, with a total of 253 hours pledged and $11,385.
He noted that Members have a copy of Redbird's quote on the
flight simulator, with a total of just over $15,000. Tharp noted that
there is a possibility of having a system donated, and Lawrence
briefly noted that he had put his name in for one and would gladly
donate it to the Airport if he should win. Members briefly
discussed this, should the situation occur. The discussion
continued with Members speaking to things like scheduling and
access, among other things, as well as fees. The rate will be
$65/hour, according to Tharp.
a. Consider a motion approving purchase of simulator
from Redbird, pending news of Lawrence's possible
obtaining of one — Lawrence moved to approve the
purchase of a flight simulator from Redbird as
discussed. Pfohl seconded the motion. The motion
carried 4-0, Libby absent.
iii. Events — None.
e. FBO / Flight Training Reports
i. Jet Air — Matt Wolford with Jet Air shared the monthly maintenance
reports with Members. He then highlighted some of the items the crews
took care of. Speaking to Jet Air and business at the Airport, he noted
that he is looking forward to the fuel farm expansion project and he
explained why at this time of year they have problems in this area.
Commission Member Reports — None.
Staff Report — Tharp spoke to his upcoming job evaluation in February. He
briefly explained how this has been handled in the past in an executive session.
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020 Page 5 of 237
December 12, 2019
Page 4
SET NEXT REGULAR MEETING FOR:
The next regular meeting of the Airport Commission will be held on Thursday. January 9, 2020,
at 6:00 P.M. in the Airport Terminal Building.
ADJOURN:
Lawrence moved to adjourn the meeting at 7:12 P.M. Pfohl seconded the motion. The motion
carried 4-0, Libby absent.
CHAIRPERSON DATE
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020 Page 6 of 237
December 12, 2019
Page 5
Airport Commission
ATTENDANCE RECORD
2019
TERM
a
s
a
a
o
N
T
Z1
W
�
O
O
N
NAME
EXP.
N
�
�
�
�
N
Warren
06/30/22
O/
O/
Bishop
X
X
X
X
E
X
E
X
X
Scott Clair
06/30/23
N
N
M
M
X
X
X
X
X
X
X
Robert
07/01/20
O/
O/
O/
0/
O/
Libby
X
E
X
X
X
E
E
E
E
Christophe
07/01/21
r Lawrence
X
X
X
X
X
X
X
X
X
Judy Pfohl
06/30/22
N
M
X
X
X
X
X
X
X
X
Key:
X = Present
X/E = Present for Part of Meeting
O = Absent
O/E = Absent/Excused
NM = Not a Member at this time
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020
Page 7 of 237
Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Or, Iowa City IA 52246 319-350-5045
Resolution number
Resolution authorizing the chairperson to execute an
agreement between FUEL Inc. governing website design
services.
Whereas, the Iowa City Airport Commission desires to update the Iowa City Airport's web
presence; and
Whereas, FUEL Inc. has agreed to provide services to design and create a new airport web
presence; and
Whereas, the Commission finds the proposed agreement to be proper and in the best interest of
the Iowa City Municipal Airport.
Now, therefore, be it resolved by the Iowa City Airport Commission:
1. That the proposed agreement for website design services is hereby approved.
2. That the Chairperson is directed and authorized to execute and the Secretary to attest to
the agreement for website design services between the Airport Commission and FUEL
Inc.
Passed and approved this day of
Chairperson
Attest:
,ry
It was moved by and seconded by
adopted, and upon roll call there were:
Ayes
Nays
2020.
Apprpyed by
�o
ity Attorney's Office
Absent
the Resolution be
Bishop
Clair
Lawrence
Libby
Pfohl
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020 Page 8 of 237
CONSULTANT AGREEMENT
THIS AGREEMENT made and entered into this day of 2019 (the "Effective Date"), by
and between the City of Iowa City, a municipal corporation, hereinafter referred to as the "City" and FUEL,
INC., an Iowa corporation, hereinafter referred to as the "Consultant". The parties may hereinafter be referred
to individually as "Part ' or collectively as the "Parties".
RECITALS
WHEREAS, FUEL is a Hiawatha, Iowa based design firm engaged in the creative service business
and specializes in, among other things, brand strategy and identity development through print, packaging,
environments, motion and web design (the "Services"); and
WHEREAS, City desires to hire Consultant to perform website development services for Iowa City
Airport Commission's Iowa City Municipal Airport website (the "Project"), and Consultant desires to perform
such Services on the terms set forth more fully below.
NOW THEREFORE, it is agreed by and between the Parties hereto that the City does now contract
with the Consultant to provide Services in accordance with the terms and conditions set forth in this
Agreement.
SCOPE OF SERVICES
Consultant shall provide Services in accordance with the Statement of Work set forth on Consultant's
Iowa City Airport Website Development proposal dated 11I812019 (hereinafter, "Proposal"), attached
hereto and incorporated by this reference. The Scope of Services shall be performed for a fee not to exceed
fifteen thousand dollars ($15,000.00).
Consultant and Commission may mutually agree upon a separate maintenance package, with a fee and scope
of services to be determined in writing and executed by both Parties, otherwise governed by the terms of this
Agreement.
II. TIME OF COMPLETION
The Consultant shall complete the following in accordance with the schedule set forth in Proposal of this
Agreement.
III. TERM AND TERMINATION
A. Term. Unless otherwise terminated as provided herein, this Agreement shall be in effect for
a period of one (1) year, or until the Project is complete, whichever period shall first occur. This
agreement shall extend as necessary to cover any maintenance package agreed to by both
Parties.
B. For Convenience. Notwithstanding anything contained herein to the contrary, either Party
shall have the right to terminate this Agreement at any time and for any reason, without
cause, upon at least seven (7) days' written notice to the other Party. If either Party elects to
terminate this Agreement, City shall pay Consultant for those Services actually rendered
prior to the effective date of such termination, whether or not such Services are completed,
and Consultant's reasonable termination costs, if any. In exchange, Consultant shall provide
City with any deliverables produced prior to such termination. In no event shall any payment
under this provision exceed the amount set forth in Section I.
C. For Cause, Right to Cure. Either Party shall have the right to terminate this Agreement at
any time due to the other Party's material breach of any provision hereof by sending the
Party in breach written notice. If the Party alleged to have breached this Agreement cures its
default within ten (10) calendar days after receipt of written notice thereof from the other
Party, or within such other time as the Parties may reasonably agree in writing, then this
Agreement shall continue as if no such breach had occurred.
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020 Page 9 of 237
IV. INDEPENDENT CONTRACTOR
Consultant is an independent contractor and shall be at all times solely responsible for itself, as well as its
employees, agents and contractors as to supervision and control. Consultant shall exercise independent
judgement as to the time, place and manner of performing the Services. This Agreement shall not be altered
in any manner to change the relationship of the Consultant from that of independent contractor.
D�:1iTJWSOYIiTJI:1 �11111:2 7G110111IDR:K
The Consultant shall not discriminate against any individual in terms, conditions, or privileges of employment
because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or
sexual orientation. Consultant shall not discharge or refuse to hire any individual because of their race, color,
religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation
VI. CITY'SRESPONSIBILITIES
A. City shall provide Consultant's personnel with reasonable access, as determined in
collaboration between the Parties, and at Citys expense, to such City -owned facilities as
Consultant may reasonably require for the performance of the Services.
B. City shall provide to Consultant all records and files pertaining to information needed by the
Consultant for the Project upon Consultant's reasonable request. The City agrees to furnish
all reasonable assistance in the use of these records and files.
VII. COMPENSATION FOR SERVICES
A. As compensation for the Services provided pursuant to this Agreement, City shall pay
Consultant the fees set out on proposal. Consultant shall invoice City monthly for all
services rendered during the prior month, and payment terms will be net thirty- (30) days
from the receipt of invoice.
B. City shall reimburse Consultant for actual, reasonable, out-of-pocket expense for travel
costs to and from the site, if any, provided that Consultant has complied with the City's travel
and reimbursement policy.
Vill. MISCELLANEOUS
A. Force Maieure. At times unavoidable delays result from causes that may be presumed to be
beyond the control of the Parties, such as acts of providence, floods, fortuitous events,
unavoidable accidents, riots, strikes, and lockouts. Should the progress of the Services be
or seem to be delayed at any time for such causes, the Party impacted by the event shall at
once notify the other Party in writing of such occurrence, in order that a record of same be
made. If it is determined by the impacted Party that the delay was unavoidable; a
corresponding extension of time for the completion of the Services may be allowed not to
exceed the actual number of days such unavoidable delays accrued. Both Parties shall, in
good faith, use such effort as is reasonable under all the circumstances known to that Party
at the time to remove or remedy the cause(s) and mitigate the damages. Should the City
(including but not limited to the Iowa City Municipal Airport Commission, or the
City's IT department) be the cause of any unreasonable delay, Consultant shall be
credited with additional days equaling the unreasonable portion of said delay.
B. Successor and Assigns. This Agreement shall be binding upon the successors and assigns
of the Parties hereto provided that no assignment shall be without the written consent of all
Parties to said Agreement.
C. Laws. It is further agreed that no Party to this Agreement shall perform contrary to any state,
Federal, or local law or any of the ordinances of the City of Iowa City, Iowa. Upon signing this
agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City
officer or employee from having an interest in a contract with the City, and certifies that no
employee or officer of the City, which includes members of the City Council and City boards
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020 Page 10 of 237
and commissions, has an interest, either direct or indirect, in this agreement, that does not
fall within the exceptions to said statutory provision enumerated in Section 362.5.
D. Severability. If any provision of this Agreement shall be held by a court of competent
jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full
force and effect.
E. Amendments. No modification, amendment or waiver of any provision of this Agreement
shall be effective unless approved in writing by both Parties.
F. Originals. An original or scanned copy of this Agreement shall be the equivalent to an
original (including the original signature of the authorized representative thereon).
G. Construction. The Parties acknowledge that this is a negotiated document. No Party to this
Agreement shall be deemed the drafter of it and any construction of its terms shall be
without regard to any rules of construction concerning the drafter.
IX. NOTICES
All notices, requests, demands and other communication which are required or may be given under this
Agreement, including all documents delivered pursuant to this Agreement shall be in writing and shall be duly
given when received if personally delivered; when transmitted by telecopy, electronic or digital transmission
method the Business Day after it is sent, if sent for next Business Day delivery to a domestic address
recognized by overnight delivery service; and upon receipt if sent by certified or registered mail return receipt
requested. All communications related to this Agreement shall be to the persons listed below or to such third
persons as the Parties may specify in writing.
John Moes
Fuel, Inc.
800 North Compton Drive
Hiawatha, Iowa 52233
319.393.7739
jemoes@fuelbranding.com
with a copyto Legal Counsel:
Michelle L. Arenson
Arenson Law Group
425 Second Street SE
Suite 900
Cedar Rapids, Iowa 52401
m a re n s o n @a re n s o n I aw. co m
City of Iowa City
Eric Goers
Assistant City Attorney
410 East Washington Street
Iowa City, IA 52240
319-356-5030
319-356-5497 Fax
eric-goers@iowa-city.org
[SIGNATURE PAGE FOLLOWS]
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020 Page 11 of 237
For the Iowa City Airport Commission
Christopher Lawrence, Chairperson
Attorney
For FUEL Inc.
John Moes, Owner/President
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020
Page 12 of 237
Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr. Iowa City, IA 52246 (319) 350-5045
Resolution number:
Resolution approving plans, specifications, form of contract, and
estimate on cost for "Terminal Apron and Taxiway Reconstruction"
project at the Iowa City Municipal Airport
Whereas, notice of public hearing on the plans, specifications, form of contract and estimate of
cost for the above -named project was published as required by law, and the hearing thereon
held.
Now, therefore, be it resolved by the Iowa City Airport Commission that:
The plans, specifications, form of contract and estimate of cost for the above -named
project are hereby approved.
2. The amount of bid security to accompany each bid for the construction of the above -
named project shall be in the amount of 10% (ten percent) of bid payable to the Iowa
City Airport Commission.
3. The City Clerk is hereby authorized and directed to post notice as required in Iowa
Code section 26.3, not less than 13 days and not more than 45 days before the date
of the bid letting, which may be satisfied by timely posting notice on the Construction
Update Network, operated by the Master Builders of Iowa, and the Iowa League of
Cities website.
4. Sealed bids for the above -named project are to be received by the City of Iowa City,
Iowa at the Office of the City Clerk, at the City Hall, before 2:00pm on the 6th day of
February, 2020. At that time, the bids will be opened and announced by the City
Clerk or her designee, and thereupon referred to the Iowa City Airport Commission for
action upon said bids at its next regular meeting, to be held at the Terminal Building,
Iowa City Airport, 1801 S. Riverside Drive, Iowa City, Iowa, at 6:00pm on the 13th day
of February, 2020, or if said meeting is cancelled, at the next meeting of the Airport
Commission thereafter as posted by the City Clerk.
Passed and approved this day of
Chairperson
Secretary
_, 2020.
Approved by
City Attorney's Office
It was moved by and seconded by the Resolution be
adopted, and upon roll call there were:
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020 Page 13 of 237
Ayes Nays Absent
Bishop
Clair
Lawrence
Libby
Pfohl
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020 Page 14 of 237
Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr. Iowa City, IA 52246 (319) 350 5045
Resolution
Resolution setting a public hearing on February 13, 2020 for the
plans, specifications, form of contract, and estimate on cost for
the construction of "Fuel Facility Expansion and Kiosk
Replacement" Project, and directing City Clerk to publish
notices of said hearing, and directing the Chairperson to place
said plans on file for public inspection.
Now, Therefore, be it resolved by the Airport Commission of the City of Iowa City:
1. That a pubic hearing on the plans, specifications, form of contract, and estimate
of cost for the construction of the above -mentioned project is to be held on the
13th day of February, 2020 at 6:00 p.m. in the Iowa City Airport Terminal
Building, 1801 S. Riverside Drive, Iowa City, Iowa, or if said meeting is cancelled,
at the next meeting of the Airport Commission thereafter as posted by the City
Clerk.
2. That the City Clerk is hereby authorized and directed to publish notice of the
public hearing for the above -named project in a newspaper published at least
once weekly and having a general circulation in the City, not less that four (4) nor
more than twenty (20) days before said hearing.
3. That the copy of plans, specifications, form of contract, and estimate of cost for
the construction of the above -named project is hereby ordered placed on file by
the Chairperson in the office of the City Clerk for public inspection
Passed and approved this day of 2020.
Appro d BY:
Chairperson
Attest:
Secretary City Attorney's Office
It was moved by and seconded by
Resolution be adopted, and upon roll call there were:
Ayes Nays Absent
Bishop
Clair
Lawrence
Libby
Pfohl
the
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020
Page 15 of 237
Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045
Resolution number
Resolution authorizing the chairperson to execute an
agreement between the Iowa City Airport Commission and
Jet Air Inc.
Whereas, the Iowa City Airport Commission has purchased a FAA Certified flight simulator
device; and,
Whereas, the Iowa City Airport Commission desires to hire Jet Air to provide management and
support services for the device; and,
Whereas, the Commission finds the proposed agreement to be proper and in the best interest of
the Iowa City Municipal Airport.
Now, therefore, be it resolved by the Iowa City Airport Commission:
1. That the proposed Flight Simulator Management Agreement is hereby approved.
2. That the Chairperson is directed and authorized to execute and the Secretary to attest to
the Flight Simulator Management Agreement between the Airport Commission and the
Jet Air Inc.
3. That the Airport Operations Specialist is authorized to manage the operation of the
simulator, and the Flight Simulator Management Agreement.
Passed and approved this day of
Chairperson
Attest:
Secretary
It was moved by and seconded by
adopted, and upon roll call there were:
Ayes
Nays
by
7to
mey's Office
Absent
2020.
the Resolution be
Bishop
Clair
Lawrence
Libby
Pfohl
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020 Page 16 of 237
Iowa City Municipal Airport
Flight Simulator Management Agreement
This AGREEMENT ("Agreement') is entered into in Iowa City, Iowa by and between the Iowa City Airport
Commission ("Commission") and Jet Air Inc. ("Jet Air').
Whereas, the Iowa City Airport has purchased a Redbird TD2 flight simulator ("simulator') to be located
at the Iowa City Municipal Airport; and
Whereas, Jet Air has agreed to provide services for the management of the operations and reservations
of the simulator.
It is therefore agreed as follows
1. Term:
a. The term of this agreement shall commence on the date of execution and continue
through December 31, 2020. This Agreement shall automatically renew for terms
consisting of each calendar year under the same terms and conditions unless either
party provides written notice to the other party no later than December 1' of that term
year.
2. Responsibilities of Jet Air:
a. Jet Air shall manage an internet accessible scheduler for the simulator reservations.
b. Jet Air shall provide a system to track and reconcile hours the simulator is used, billed
and note any discrepancies.
c. Jet Air shall provide billing for the renters of the simulator.
d. Jet Air shall assist in technical support of the simulator.
i. Jet Air shall prepare as necessary the simulator for use by reservations.
e. Jet Air shall provide the Commission with a monthly report on simulator use, billed time,
donated time and payment of revenue, minus management fees, by the end of business
on the 2n1 Wednesday of the month.
f. Jet Air shall manage a system for tracking use of the simulator by pre -paid early
adopters.
g. Jet Air shall be empowered to designate "donated time" for the use of the simulator for
marketing purposes (e.g. during airport tours, pancake breakfasts, or other community
events), as well as 2 hours per flight instructor (one-time per instructor) for operational
training. All such donated time must be noted on the "donated time" portion of the
monthly report. The Commission may modify or eliminate this "donated time" privilege
at any time.
h. Jet Air shall assist the Commission and Airport Operations Specialist in developing any
necessary training, policy, or other procedures for the operation of the simulator.
i. Jet Air shall notify of the Airport Operations Specialist of any damage to the simulator,
and/or any corrective actions taken by Jet Air.
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020 Page 17 of 237
3. Responsibilities of Commission:
a. Commission shall maintain the simulator as deemed necessary to maintain functional
operation.
b. Commission shall set the rates to charge for each hour of simulator time charged.
4. Fee:
a. Jet Air shall be paid $20 per billed hour
5. Nondiscrimination:
a. Jet Air for itself, its heirs, personal representatives, and successors in interest, as a part
of the consideration hereof, does hereby covenant and agree that Jet Air shall use the
premises in compliance with all other requirements imposed by or pursuant to 49 CFR
Part 21, Nondiscrimination in Federally Assisted Program of the Department of
Transportation, and as said regulations may be amended.
b. Jet Air shall not discriminate against any person in employment or public accommodation
because of race, religion, color, creed, gender identity, sex, national origin, sexual
orientation, mental or physical disability, marital status or age. "Employment" shall
include but not be limited to hiring, accepting, registering, classifying, promoting, or
referring to employment. 'Public accommodation" shall include but not be limited to
providing goods, services, facilities, privileges and advantages to the public.
6. Disclaimer of Liability and Indemnification:
a. Except for liability arising out of gross negligence or intentional willful misconduct, Jet Air
shall release, acquit, and forever discharge the Commission, its officers, agents, and
employees from all liability arising out of or connected with the use of City equipment by
Jet Air personnel while performing the duties related to this Agreement. Jet Air further
agrees to indemnify, defend, and hold harmless the Commission, its officers, agents, and
employees against any and all claims, of whatever description, arising out of or connected
with such use of City equipment or performance of duties related to this Agreement,
except for liability arising out of gross negligence or intentional willful misconduct.
7. Sublease:
a. Jet Air shall not assignor sublease this Agreement without the Commission's written
consent.
8. Integration:
a. This Agreement contains the entire understanding of the parties.
9. Severability:
a. Should any section of this Agreement be found invalid, it is agreed that the remaining
portions shall continue in full force and effect as though severable from the invalid
portion.
10. Conflict of Laws and Venue:
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020 Page 18 of 237
a. The laws of the State of Iowa shall govern this Agreement, and venue for any legal
action hereunder shall be in the Johnson County District Court of Iowa or the U.S.
District Court for the Southern District of Iowa.
Iowa City Airport Commission
By:
Chairperson
Jet Air Inc.
By
Approved By:
City Attorney's Office
Date
Date
Airport Commission Agenda & Info Packet
O1/06/2020 17:02 ICITY OF IOWA CITY IP 1
mthaxp (INVOICE LIST BY GL ACCOUNT Iapix qla
YEAR/PERIOD: 2020/6 TO 2020/6
ACCOUNT/VENDOR INVOICE PO YEAR/PR TYP S WARRANT CHECH DESCRIPTION
76850110
Airport Operations
76850110
435055
Mail & Delivery
010373
PIP PRINTING
102254
0 2020 6 INV P
479.07
120619
ACCOUNT TOTAL
479.07
76850110
438100
Refuse Collection Charges
010507
JOHNSON COUNTY REFUS
124054
0 2020 6 INV P
165.00
122019
010507
JOHNSON COUNTY REFUS
124056
0 2020 6 INV P
30.00
122019
195.00
ACCOUNT TOTAL
195.00
76850110
438110
Local Phone Service
011937
AUREON COMMUNICATION
0789004025.2019.12
0
2020 6 INV P
86.82
121319
ACCOUNT TOTAL
86.82
76850110
992010
Other Building R&M Services
010358
OVERHEAD DOOR COMPAN
XW79416
0
2020 6 INV P
565.00
120619
010856
JET AIR INC IOW
IVI-19-005391
0
2020 6 INV P
600.00
121319
014647
PANS OVERHEAD DOORS
497935
0
2020 6 INV P
320.94
120619
ACCOUNT TOTAL
1,485.94
76850110
992060
Electrical & Plumbing R&M Srvc
010564
LYNCH`S PLUMBING INC
26958
0
2020 6 INV P
490.20
120619
010564
LYNCH`S PLUMBING INC
27086
0
2020 6 INV P
683.50
010320
1,173.70
ACCOUNT TOTAL
1,173.70
76850110
995080
Snow and Ice Removal
010856
JET AIR INC IOW
IVI-19-005390
0
2020 6 INV P
5,500.00
121319
ACCOUNT TOTAL
5,500.00
76850110
466070
Other Maintenance Supplies
010856
JET AIR INC IOW
IVI-19-005431
0
2020 6 INV P
75.40
121319
ACCOUNT TOTAL
75.40
76850110
473020
Non -Contracted Improvements
015508
REDBIRD FLIGHT SIMUL
10691
0
2020 6 INV P
15,013.00
122719
ACCOUNT TOTAL
15,013.00
76850110
474240
Tractors
14674 Follow-up Postcard
238957 Refuse & Recycling
238957 Refuse & Recycling
238655 Basic Phone Service
238582 Hangar Door repair
238731 Janitorial Services
14654 Hangar Door Weekend
238548 Replace Men`s Urina
239635 Replacement of Wate
238731 Groundskeeping/Snow
238731 Maintenance Reimbur
239526 TD2 Flight Simulate
Airport Commission Agenda & Info Packet
O1/06/2020 17:02 ICITY OF
IOWA CITY
IP 2
mthaxp IIN ICE
LIST BY GL ACCOUNT
Iapix qla
YEAR/PERIOD: 2020/6 TO 2020/6
ACCOUNT/VENDOR INVOICE
PO YEAR/PR TYP S
WARRANT
CHECK DESCRIPTION
010300 MARTIN EQUIPMENT OF 70473
20021 2020 6 INV P
7,710.00
121319
238754 PRO -TECH SG12M SNOW
ACCOUNT TOTAL
7,710.00
ORG 76850110 TOTAL
31,718.93
-- -- -- -- ----- --
FUNDAirport........................
—- — ------ -- -- ---
TOTAL:
-
31-718.93
- -- --
-- -- --- -- -- ---
" END OF REPORT - Generated by Michael Tharp "
Airport Commission Agenda & Info Packet
O1/06/2020 17:04 ICITY OF IOWA CITY IP 1
mtharp I YEAR-TO-DATE BUDGET REPORT Iglytdbud
DECEMBER DETAIL 2019
FOR 2020 06
ACCOUNTS FOR:
7600 Airport
76850110 Airport Operations
76850110 363910 Misc Sale of Me
76850110 369900 Miscellaneous 0
2020/06/120535 12/18/2019 GBI
2020/06/120535 12/18/2019 GBI
2020/06/120535 12/18/2019 GBI
2020/06/120535 12/18/2019 GBI
2020/06/120535 12/18/2019 GBI
2020/06/120535 12/18/2019 MI
2020/06/120535 12/18/2019 GBI
2020/06/120535 12/18/2019 GBI
2020/06/120535 12/18/2019 GBI
2020/06/120535 12/18/2019 GBI
2020/06/120535 12/18/2019 GBI
2020/06/120535 12/18/2019 GBI
2020/06/120535 12/18/2019 GBI
2020/06/120535 12/18/2019 GBI
2020/06/120535 12/18/2019 GBI
2020/06/120535 12/18/2019 GBI
2020/06/120535 12/18/2019 GBI
2020/06/120535 12/18/2019 GBI
2020/06/120535 12/18/2019 GBI
2020/06/120535 12/18/2019 GBI
76850110 381100 Interest on Inv
76850110 382100 Land Rental
2020/06/120489 12/10/2019 CRP
2020/06/120709 12/23/2019 GBI
76850110 382200 Buildina/Room R
2020/06/120709 12/23/2019 GBI
2020/06/120709 12/23/2019 GBI
2020/06/120709 12/23/2019 GBI
2020/06/120709 12/23/2019 GBI
2020/06/120709 12/23/2019 GBI
ORIGINAL TRANFRS/ REVISED
APPROP ADJSTNTS BUDGET
0 0
0 0
-450.00 REF
-900.00 REF
-900.00 REF
-900.00 REF
-900.00 REF
-450.00 REF
-540.00 REF
-450.00 REF
-450.00 REF
-450.00 REF
-450.00 REF
-450.00 REF
-495.00 REF
-450.00 REF
-450.00 REF
-450.00 REF
-450.00 REF
-450.00 REF
-450.00 REF
-900.00 REF
JOURNAL DETAIL 2020 6 TO 2020 6
AVAILABLE PCT
YTD ACTUAL ENCUMBRANCES BUDGET USED
0-260.00
0-11,385.00
00 260.00 100.0%
00 11,385.00 100.0%
10 Hrs Pre -Purchased Flight Si
20 hrs Pre -Purchased Flight Si
20 Hrs Pre Purchased Flight Sr
20 Hrs Pre -Purchased Flight Si
20 Hrs Pre Purchased Flight Sr
10 Hrs Pre -Purchased Flight Si
12 Hrs Pre Purchased Flight Sr
10 Hrs Pre Purchased Flight Sr
10 Hrs Pre -Purchased Flight Si
10 Hrs Pre Purchased Flight Sr
10 Hrs Pre -Purchased Flight Si
10 Hrs Pre Purchased Flight Sr
11 Hrs Pre Purchased Flight Sr
10 Hrs Pre -Purchased Flight Si
10 Hrs Pre Purchased Flight Sr
10 Hrs Pre -Purchased Flight Si
10 Hrs Pre -Purchased Flight Sr
10 Hrs Pre -Purchased Flight Si
10 Hrs Pre -Purchased Flight Si
20 Hrs Pre -Purchased Flight Si
0
0 0
-295.55
.00
295.55 100.0%
-51,520
0-51,520
-14,965.46
.00
-36,554.54 29.0%'
-368.75
REF 2698572
US TREASURY
LEASE PAYMENT
-600.00
REF
LAND RENT
-275,000
0-275,000
-138,433.02
.00
-136,566.98 50.3%'
-155.00
REF
HANGAR #30
-199.00
REF
HANGAR #7
-155.00
REF
HANGAR #16
-155.00
REF
HANGAR #24
-185.00
REF
HANGAR #47
Airport Commission Agenda & Info Packet
O1/06/2020 17:04 ICITY OF IOWA CITY
mthaxp (YEAR-TO-DATE BUDGET REPORT
BECEMBII2 DETAIL 2019
FOR 2020 06
ACCOUNTS FOR: ORIGINAL TRANFRS/ REVISED
7600 Airport APPROP ADJSTMTS BUDGET
019 GBI
-199.00
REF
019 GBI
-185.00
REF
019 GBI
-199.00
REF
019 GBI
-230.00
REF
019 GBI
-185.00
REF
019 GBI
-155.00
REF
019 GBI
-199.00
REF
019 GBI
-358.00
REF
019 GBI
-110.00
REF
019 GBI
-199.00
REF
019 GBI
-185.00
REF
019 GBI
-155.00
REF
019 GBI
-332.00
REF
019 GBI
-199.00
REF
019 GBI
-4,606.00
REF
019 GBI
-500.00
REF
019 GBI
-199.00
REF
019 GBI
-195.00
REF
019 GBI
-195.00
REF
019 GBI
-650.00
REF
019 GBI
-166.67
REF
019 GBI
-185.00
REF
019 GBI
-155.00
REF
019 GBI
-185.00
REF
019 GBI
-4,392.00
REF
019 GBI
-684.00
REF
019 GBI
-325.00
REF
019 GBI
-199.00
REF
019 GBI
-155.00
REF
019 GBI
-185.00
REF
019 GBI
-155.00
REF
019 GBI
-199.00
REF
019 GBI
-155.00
REF
019 GBI
-185.00
REF
019 GBI
-225.00
REF
019 GBI
-243.00
REF
019 GBI
-230.00
REF
019 GBI
-650.00
REF
019 GBI
-195.00
REF
019 GBI
-185.00
REF
019 GBI
-185.00
REF
019 GBI
-185.00
REF
019 GBI
-230.00
REF
019 GBI
-155.00
REF
019 GBI
-185.00
REF
019 GBI
-185.00
REF
019 GBI
-155.00
REF
P 2
Iglytdbud
JOURNAL DETAIL 2020 6 TO 2020 6
AVAILARLE PCT
YTD ACTUAL ENCUMBRANCES BUDGET USED
HANGAR RENT #15
HANGAR #39
HANGAR #10
HANGAR #46
Hangar Rent #41
HANGAR #11
Hangar #2
HANGAR #33
Office Rent (Bldg G)
HANGAR #5
HANGAR #38
HANGAR #27
HANGAR #56
HANGAR #8
D, E, F, H
Hangar M
HANGAR #1
HANGAR #59
HANGAR #60
HANGAR #72
AIRPORT RENTAL - HANGAR N
HANGAR #51
HANGAR #20
HANGAR #42
HANGAR #35
HANGAR #32
HANGAR #34
HANGAR #9
HANGAR #15
HANGAR #53
HANGAR #18
HANGAR #3
HANGAR #14
HANGAR #40
HANGAR #58
HANGAR #61
HANGAR #55
HANGAR #71
HANGAR #63
HANGAR #49
HANGAR #36
HANGAR #37
HANGAR #45
HANGAR #25
HANGAR #99
HANGAR #50
HANGAR #28
Airport Commission Agentla & Info Packet
O1/06/2020 17:04 ICITY OF IOWA CITY P 3
mtharpYEAR-TO-DATE BUDGET REPORT Iglytdbud
DECEMBER DETAIL 2019
FOR 2020 06 JOURNAL DETAIL 2020 6 TO 2020 6
ACCOUNTS FOR: ORIGINAL TRANFRS/ REVISED AVAILARLE PCT
7600 Airport APPROP ADJSTNTS BUDGET YTD ACTUAL ENCUMBRANCES BUDGET USED
2020/06/120709
12/23/2019 GBI
-155.00
REF
HANGAR #17
2020/06/120709
12/23/2019 GBI
-199.00
REF
HANGAR #6
2020/06/120709
12/23/2019 MI
-155.00
REF
HANGAR #22
2020/06/120709
12/23/2019 MI
-195.00
REF
HANGAR #62
2020/06/120709
12/23/2019 MI
-185.00
REF
HANGAR #43
2020/06/120709
12/23/2019 MI
-155.00
REF
HANGAR #23
2020/06/120709
12/23/2019 MI
-155.00
REF
HARNGAR #21
2020/06/120709
12/23/2019 GBI
-210.00
REF
HANGAR #64
2020/06/120709
12/23/2019 GBI
-404.00
REF
HANGAR #31
2020/06/120709
12/23/2019 GBI
-92.50
REF
HANGAR #48
2020/06/120709
12/23/2019 GBI
-92.50
REF
HANGAR #48
2020/06/120709
12/23/2019 GBI
-155.00
REF
HANGAR #12
2020/06/120709
12/23/2019 MI
-100.00
REF
OFFICE SPACE RENT
2020/06/120709
12/23/2019 MI
-155.00
REF
HANGAR #26
2020/06/120709
12/23/2019 MI
-155.00
REF
HANGAR #29
2020/06/120709
12/23/2019 MI
-185.00
REF
HANGAR #54
2020/06/120709
12/23/2019 MI
-185.00
REF
HANGAR #52
2020/06/120709
12/23/2019 MI
-225.00
REF
HANGAR RENT
76850110 384900
Other Cormnissio
-36,500
0
-36,500
-17,500.10
.00
-18,999.90 97.9%'
76850110 393120
General Lev v
-100,000
0
-100,000
-50,000.02
.00
-49,999.98 50.0%'
2020/06/120671
12/31/2019 GEN
-8,333.33
REF REJE#2
Ptax from Gen Fund
76850110 411000
Per. Full Time
62,192
0
62,192
28,704.00
.00
33,488.00 46.2%
2020/06/120279
12/06/2019 PRJ
2,392.00
REF 113019
WARRANT=113019
RUN-1 BIWEEKLY
2020/06/120686
12/20/2019 PRJ
2,392.00
REF 121419
WARRANT-121419
RUN-1 BIWEEKLY
76850110 413000
Temporary Emnlo
763
0
763
305.70
.00
457.30 40.1%
2020/06/120686
12/20/2019 PRJ
54.99
REF 121419
WARRANT =121419
RUN-1 BIWEEKLY
76850110 414500
Longevity Pay
500
0
500
500.00
.00
.00 100.0%
Airport Commission Agentla & Info Packet
O1/06/2020 17:04
mtharpYEAR-TO-DATE
FOR 2020 06
ACCOUNTS FOR:
7600 Airport
ICITY OF IOWA CITY
BUDGET REPORT
BECEMBER DETAIL 2019
ORIGINAL TRANFRS/ REVISED
APPROP ADJSTNTS BUDGET
YTD ACTUAL
JOURNAL DETAIL
ENCUMBRANCES
P 9
Iglytdbud
2020 6 TO 2020 6
AVAILABLE PCT
BUDGET USED
76850110 421100
Health Insuranc
5,671
594
6,265
3,156.24
.00
3,108.86 50.4%
2020/06/120279
12/06/2019 PRJ
263.02
REF 113019
WARRANT-113019
RUN-1 BIWEEKLY
2020/06/120686
12/20/2019 PRJ
263.02
REF 121419
WARRANT-121419
RUN-1 BIWEEKLY
76850110 421200
Dental Insuranc
408
0
408
193.80
.00
214.20 47.5%
2020/06/120279
12/06/2019 PRJ
16.15
REF 113019
WARRANT-113019
RUN-1 BIWEEKLY
2020/06/120686
12/20/2019 PRJ
16.15
REF 121419
WARRANT-121419
RUN-1 BIWEEKLY
76850110 421300
Life Insurance
142
0
142
70.74
.00
71.26 49.8%
2020/06/120686
12/20/2019 PRJ
11.79
REF 121419
WARRANT-121419
RUN-1 BIWEEKLY
76850110 421400
Disability Insu
228
0
228
113.52
.00
114.48 49.8%
2020/06/120686
12/20/2019 PRJ
18.92
REF 121419
WARRANT-121419
RUN-1 BIWEEKLY
76850110 422100
FICA
4,795
0
4,795
2,230.69
.00
2,564.68 46.5%
2020/06/120279
12/06/2019 PRJ
180.51
REF 113019
WARRANT-113019
RUN-1 BIWEEKLY
2020/06/120686
12/20/2019 PRJ
184.76
REF 121419
WARRANT =121419
RUN-1 BIWEEKLY
76850110 423100
IPERS
5,991
0
5,991
2,785.66
.00
3,205.37 46.5%
2020/06/120279
12/06/2019 PRJ
225.80
REF 113019
WARRANT =113019
RUN-1 BIWEEKLY
2020/06/120686
12/20/2019 PRJ
230.94
REF 121419
WARRANT =121419
RUN-1 BIWEEKLY
76850110 431020
Court Costs & S
155
0
155
.00
.00
155.00 .0%
76850110 432020
Annual Audit
512
0
512
.00
.00
512.00 .0%
76850110 432080
Other Professio
0
0
0
2,284.71
.00
-2,284.71 100.0%'
Airport Commission Agenda & Info Packet
O1/06/2020 17:04
mtharp
FOR 2020 06
ACCOUNTS FOR:
7600 Airport
ICITY OF IOWA CITY
I YEAR-TO-DATE BUDGET REPORT
DECEMBER DETAIL 2019
ORIGINAL TRANFRS/ REVISED
APPROP ADJSTMTS BUDGET
YTD ACTUAL
IP 5
Iglytdbud
JOURNAL DETAIL 2020 6 TO 2020 6
AVAILARLE PCT
ENCUMBRANCES BUDGET USED
76850110 435055
Mail & Delivery
0
0
0
508.61
.00
-508.61
100.0%'
2020/06/120063
12/02/2019 API
479.07 VND 010373
VCH
PIP PRINTING
Follow-up
Postcard
Mailer -
Si
14674
76850110 435060
Legal Publicati
0
0
0
22.30
.00
-22.30
100.0%'
76850110 436030
Transportation
1,000
0
1,000
389.40
.00
610.60
38.9%
76850110 436050
Registration
1,000
0
1,000
275.00
.00
725.00
27.5%
76850110 436060
Lodging
Soo
0
500
298.80
.00
201.20
59.8%
76850110 436080
Meals
200
0
200
25.00
.00
175.00
12.5%
76850110 437010
Comp Liability
4,400
0
4,400
16,541.71
.00
-12,141.71
375.9%'
76850110 437020
Fire & Casualty
12,767
0
12,767
9,485.00
.00
3,282.00
74.3%
76850110 437030
Worker's Comn 1
163
0
163
185.00
.00
-22.00
113.5%'
76850110 437041
Bonding & Other
870
0
870
.00
.00
870.00
.0%
76850110 437200
Loss Reserve Pa
5,000
0
5,000
5,000.00
.00
.00
100.0%
Airport Commission Agenda & Info Packet
O1/06/2020 17:04 ICITY OF IOWA CITY IP 6
mtharp I YEAR-TO-DATE BUDGET REPORT Iglytdbud
BECEMBER DETAIL 2019
FOR 2020 06
ACCOUNTS FOR:
7600 Airport
76850110 438010 Storm ter Util
2020/06/120497 12/18/2019 UBB
76850110 438030 Electricity
76850110 438050 Landfill Use
76850110 438070 Heating Fuel/Ga
76850110 438080 Sewer Utility C
2020/06/120497 12/18/2019 UBB
76850110 438090 Water Utility C
2020/06/120497 12/18/2019 UBB
76850110 438100 Refuse Collecti
2020/06/120556 12/16/2019 API
2020/06/120556 12/16/2019 API
76850110 438110 Local Phone Ser
2020/06/120275 12/06/2019 API
76850110 992010 Other Building
2020/06/120063 12/02/2019 API
2020/06/120063 12/02/2019 API
2020/06/120276 12/10/2019 API
JOURNAL DETAIL 2020 6 TO 2020 6
ORIGINAL TRANFRS/ REVISED AVAILARLE POT
APPROP ADJSTNTS BUDGET YTD ACTUAL ENCUMBRANCES BUDGET USED
19,348 0 19,348 9,469.32 .00 9,878.68 48.9%
1,578.22 REF 191218 C-191218 4200 UB AR GEN
19,238 0 19,238 4,375.18 .00 14,862.82 22.7%
220 0 220 .00 .00 220.00 .0%
3,787 0 3,787 2,160.42 .00 1,626.58 57.0%
1,832 0 1,832 1,066.82 .00 765.18 58.2%
184.54 REF 191218 C-191218 2000 UB AR GEN
2,048 0 2,048 1,679.09 .00 368.91 82.0%
214.75 REF 191218 C-191218 1000 UB AR GEN
2,391 0 2,391 1,170.00 .00 1,221.00 48.9%
165.00 VND 010507 VCH JOHNSON COUNTY REFUS Refuse & Recycling Pickup & Di 238957
30.00 VND 010507 VCH JOHNSON COUNTY REFUS Refuse & Recycling Pickup & Di 238957
1,053 0 1,053 520.65 .00 532.35 49.4%
86.82 VND 011937 VCH AUREON COIMNNICATION Basic Phone Services 238655
13,000 0 13,000 9,899.85 .00 3,155.15 75.7%
565.00 VND 010358 VCH OVERHEAD DOOR COHRAN Hangar Door repair %34 238582
320.94 VND 014647 VCH DAN TO OVERHEAD DOORS Hangar Door Weekend Repair Han 14654
600.00 VND 010856 VCH JET AIR INC IOW Janitorial Services 238731
Airport Commission Agenda & Info Packet
O1/06/2020 17:04
mtharp
FOR 2020 06
ACCOUNTS FOR:
7600 Airport
ICITY OF IOWA CITY
I YEAR-TO-DATE BUDGET REPORT
DECEMBER DETAIL 2019
ORIGINAL TRANFRS/ REVISED
APPROP ADJSTMTS BUDGET
YTD ACTUAL
IP 7
Iglytdbud
JOURNAL DETAIL 2020 6 TO 2020 6
AVAILARLE PCT
ENCUMBRANCES BUDGET USED
76850110 992020
Structure R&M S
2,500
0
2,500
490.00
.00
2,010.00
19.6%
76850110 992030
Heating & Cooli
6,000
0
6,000
1,023.93
.00
4,976.07
17.1%
76850110 992060
Electrical & If
5,000
0
5,000
1,463.91
.00
3,536.09
29.3%
2020/06/120063
12/02/2019 API
490.20
VND 010564 VCH
LYNCH`S
PLUMBING INC
Replace
Men`s Urinal
flush val
238548
2020/06/120910
12/31/2019 API
683.50
VND 010564 VCH
LYNCH`S
PLUMBING INC
Replacement of Water heater in
239635
76850110 993080
Other Equipment
4,460
0
4,460
9,309.77
.00
-4,849.77
208.7%'
76850110 995030
Nursery Srvc-La
38,500
0
38,500
32,110.01
.00
6,389.99
83.4%
76850110 995080
Snow and Ice Re
30,000
0
30,000
11,733.00
.00
18,267.00
39.1%
2020/06/120276
12/10/2019 API
5,500.00
VND 010856 VCH
JET AIR
INC IOW
Groundskeeping/Snow
Removal/Ma
238731
76850110 995110
Testing Service
2,500
0
2,500
1,179.04
.00
1,320.96
47.2%
76850110 995230
Other Operating
279
0
279
852.51
.00
-573.51
305.6%'
76850110 996100
City Attorney
7,258
0
7,258
3,629.02
.00
3,628.98
50.0%
2020/06/120671
12/31/2019 GEN
604.83
REF REJE#2
Airport to
Attorney
76850110 996120
ITS-Server/Stor
592
0
592
274.58
.00
317.42
46.4%
2020/06/120930
12/31/2019 GNI
42.80
REF AO
Storage of
files AIR
2020/06/120931
12/31/2019 GNI
5.52
REF AO
Storage of
Email
Airport Commission Agentla & Info Packet
O1/06/2020 17:04
mtharpYEAR-TO-DATE
FOR 2020 06
ACCOUNTS FOR:
7600 Airport
ICITY OF IOWA CITY
BUDGET REPORT
DECEMBER DETAIL 2019
ORIGINAL TRANFRS/ REVISED
APPROP ADJSTMTS BUDGET
YTD ACTUAL
P 8
Iglytdbud
JOURNAL DETAIL 2020 6 TO 2020 6
AVAILARLE POT
ENCUMBRANCES BUDGET USED
76850110 996130
ITS-PC/Peripher
11,975
0
11,975
7,290.60
.00 4,684.40
60.9%
2020/06/120948
12/31/2019 GNI
1,215.10
REF AO
DEC ITS Pool Chgbk
76850110 996160
ITS-Infrastuctu
8,761
0
8,761
.00
.00 8,761.00
.0%
76850110 996190
ITS -Software SA
216
0
216
111.00
.00 105.00
51.4%
2020/06/120933
12/31/2019 GNI
18.50
REF AO
Office software
76850110 996200
Photocopying Ch
0
0
0
132.17
.00-132.17
100.0%'
76850110 996300
Phone Equipment
1,371
0
1,371
688.55
.00 682.45
50.2%
2020/06/120935
12/31/2019 GNI
112.50
REF AO
CH DEC PHONE ASSET CHARGE
2020/06/120936
12/31/2019 GNI
.85
REF AO
CH DEC LONG DISTANCE CHARGES
76850110 996320
Mail Chargeback
0
0
0
41.83
.00 -41.83
100.0%'
76850110 996350
City Vehicle Re
25,142
0
25,142
12,134.83
.00 13,007.17
48.3%
2020/06/120924
12/31/2019 GNI
2,070.85
REF TW
DEC REPLACEMENT COST
76850110 996370
Fuel Chargeback
4,264
0
4,264
1,692.20
.00 2,571.80
39.7%
2020/06/120924
12/31/2019 GNI
158.99
REF TW
DEC DIVISION FUEL
76850110 996380
Vehicle R&M Cha
24,094
0
24,094
3,665.41
.00 20,428.59
15.2%
2020/06/120924
12/31/2019 GNI
496.55
REF TW
DEC DIVISION SERVICE
76850110 999055
Permitting Fees
990
0
990
.00
.00 990.00
.0%
Airport Commission Agentla & Info Packet
O1/06/2020 17:04
mtharpYEAR-TO-DATE
FOR 2020 06
ACCOUNTS FOR:
7600 Airport
ICITY OF IOWA CITY
BUDGET REPORT
DECEMBER DETAIL 2019
ORIGINAL TRANFRS/ REVISED
APPROP ADJSTMTS BUDGET
YTD ACTUAL
JOURNAL DETAIL
ENCUMBRANCES
P 9
Iglytdbud
2020 6 TO 2020 6
AVAILARLE PCT
BUDGET USED
76850110 999060
Dues & Membersh
1,375
0
1,375
300.00
.00
1,075.00
21.8%
76850110 999120
Equipment Renta
500
0
500
.00
.00
500.00
.0%
76850110 452010
Office Supplies
570
0
570
.00
.00
570.00
.0%
76850110 454020
Subscriptions
282
0
282
325.60
.00
-43.60
115.5%-
76850110 461050
Other Agricultu
230
0
230
.00
.00
230.00
.0%
76850110 466070
Other Maintenan
5,000
0
5,000
679.23
.00
4,320.77
13.6%
2020/06/120276
12/10/2019 API
75.40 VND 010856
VCH
JET AIR INC
IOW
Maintenance
Reimbursement
238731
76850110 467020
Equipment R&M S
0
0
0
672.82
.00
-672.82
100.0%'
76850110 468030
Asphalt
250
0
250
.00
.00
250.00
.0%
76850110 469190
Minor Equipment
0
0
0
1,750.00
.00
-1,750.00
100.0%'
76850110 469200
Tools
351
0
351
.00
.00
351.00
.0%
76850110 469210
First Aid/Safet
599
0
599
300.47
.00
293.53
50.6%
O1/06/2020 17:04
mtharp
FOR 2020 06
ACCOUNTS FOR:
7600 Airport
76850110 469360 Food and Bevera
Airport Commission Agenda & Info Packet
ICITY OF IOWA CITY
YEAR-TO-DATE BUDGET REPORT
DECEMBER DETAIL 2019
I glytdbud
JOURNAL DETAIL 2020 6 TO 2020 6
ORIGINAL TRANFRS/ REVISED AVAILARLE PCT
APPROP ADJSTMTS BUDGET YTD ACTUAL ENCUMBRANCES BUDGET USED
0 0 0 152.76 .00-152.76 100.0%'
76850110 473020
Non -Contracted
0
0
0
16,263.00
.00
-16,263.00
100.0%'
2020/06/120631
12/18/2019 API 15,013.00
VND 015508
VCH
REDBIRD
FLIGHT SIMUL
TD2 Flight Simulator
& Accesso
239526
76850110 474240
Tractors
12,000
0
12,000
7,710.00
.00
4,290.00
64.3%
2020/06/120159
12/05/2019 API 7,710.00
VND 010300
VCH
MARTIN
EQUIPMENT OF
PRO -TECH
SG12M SNOW
PUSHER
238754
2020/06/120159
12/05/2019 POL-7,710.00
VND 010300
PO 20021
MARTIN
EQUIPMENT OF
PRO -TECH
SG12M SNOW
PUSHER2020
TOTAL Airport
Operations
-98,342
599
-97,748
-13,500.70
.00
-84,246.80
13.8%
TOTAL Airport
-98,342
599
-97,748
-13,500.70
.00
-84,246.80
13.8%
TOTAL REVENUES
-463,020
0
-463,020
-232,839.15
.00
-230,180.85
TOTAL EXPENSES
364,678
599
365,273
219,338.45
.00
145,934.05
PRIOR FUND BALANCE
199,898.35
CHANGE IN FUND BALANCE
- NET OF
REVENUES/EXPENSES
13,500.70
REVISED FUND BALANCE
158,399.05
Airport Commission Agenda & Info Packet
O1/06/2020 17:04
ICITY OF IOWA CITY
P 11
mthaxpYEAR-TO-DATE
BUDGET REPORT
Iglytdbud
DECEMBER DETAIL 2019
FOR 2020 06
JOURNAL DETAIL
2020 6 TO
2020 6
ORIGINAL TRANFRS/
REVISED
AVAILABLE
PCT
APPROP ADJSTMTS
BUDGET
YTD ACTUAL
ENCUMBRANCES
BUDGET
USED
GRAND TOTAL-98,342 594
-97,748
-13,500.70
.00
-84,246.80
13.8%
" END OF REPORT - Generated
by Michael
Tharp "
IMPROVEMENTS TO
THE
IOWA CITY MUNICIPAL AIRPORT
RECONSTRUCT TERMINAL APRON AND TAXIWAY
IDOT PROJECT NO. 912001OW100
CONTRACT NO. 21625
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Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020 Page 50 of 237
A=COM
Contract Documents and Specifications for
Iowa City Municipal Airport - Reconstruct Terminal
Apron and Taxiway
Iowa City, Iowa
Iowa DOT AIP Project 912001OW100
Contract No. 21625
� r
-i..�_
CITY OF IOWA CITY
UNESCO CITY OF LITERATURE
Prepared For:
Iowa City Airport Commission
Prepared By:
AECOM
500 SW 7'h Street, Suite 301
Des Moines. Iowa 50309
December 7, 2019
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020 Page 51 of 237
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020 Page 52 of 237
CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
IOWA CITY MUNICIPAL AIRPORT - RECONSTRUCT TERMINAL
APRON AND TAXIWAY
AT THE
IOWA CITY MUNICIPAL AIRPORT
IOWA CITY, IOWA
IOWA DOT AIP PROJECT 912001OW100
CONTRACT NO. 21625
December 7. 2019
I hereby certify that this engineering document was
prepared by me or under my direct personal supervision
and that I am a duly licensed Professional Engineer under
the laws of the state of Iowa.
100 ofEssI
12/11/19
DAVID e. S G) -
DAVID B. HUGHES, P.E. Date
HUGHES Z
13037 * _
License No. 13037
;i% tom:
. ,•
My license renewal date is December 31, 2021.
low A 0
,,,,,m•"0
Pages or sheets covered by this seal:
All pages
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020 Page 53 of 237
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020
Page 54 of 237
TABLE OF CONTENTS
Contents
NOTICE OF PUBLIC HEARING .............................................
OFFICIAL PUBLICATION.......................................................
INSTRUCTIONS TO BIDDERS ..............................................
BIDFORM...............................................................................
BIDBOND...............................................................................
TARGETED SMALL BUSINESS CONTRACT PROVISION...
AGREEMENT ..........................................................................
PERFORMANCE AND PAYMENT BONDS
GENERAL CONDITIONS ...........................
SUPPLEMENTARY CONDITIONS .............
CONTRACT COMPLIANCE PROGRAM....
U:1i112187 197►[:
Section 01010 Summary of Work ....................................................
Section 01340 Submittals................................................................
Section 01500 Temporary Construction Facilities and Utilities........
Section 01600 Material and Equipment ...........................................
Section 01630 Substitutions and Or Equal ......................................
Section 01740 Cleaning...................................................................
Section 110 Mobilization and Demobilization ...................................
Section 111 Construction Survey .....................................................
Section 112 Barricades....................................................................
Section 113 Unclassified Excavation ...............................................
Section 114 Erosion Control............................................................
Section 115 Seeding and Mulching ..................................................
Section 116 Concrete Pavement .....................................................
Section 117 Modified Subbase........................................................
Section 118 Topsoiling.....................................................................
Section 119 Pavement Removal ......................................................
Section 120 Apron and Taxiway Marking .........................................
APPENDIX —
FORM OF CHANGE ORDER
Paqe
PH-1
N-1-3
IB-1-8
B-1-4
BB-1-2
TSB1-6
C-1-6
PB-1-4
1-42
SC1-10
CC-1-14
01010-1 - 01010-2
01340-1 - 01340-8
01500-1 - 01500-4
01600-1 - 01600-2
01630-1 - 01630-4
01740-1 - 01740-2
110-1 - 110-2
111-1 - 111-2
112-1 - 112-2
113-1 - 113-2
114-1 - 114-2
115-1 - 115-2
116-1 - 116-2
117-1 - 117-2
118-1 - 118-2
119-1 - 119-2
120-1 - 120-2
IDOT AIP #912001OW 100 TOC-1 Iowa City Municipal Airport
AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020
Page 55 of 237
THIS PAGE LEFT BLANK INTENTIONALLY
IDOT AIP #912001OW 100 TOC-2 Iowa City Municipal Airport
AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020
Page 56 of 237
NOTICE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST FOR
IOWA CITY MUNICIPAL AIRPORT
RECONSTRUCT TERMINAL APRON
AND TAXIWAY
PROJECT 912001OW 100
CONTRACT NO.21625
AT THE IOWA CITY MUNICIPALAIRPORT
TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS:
Public notice is hereby given that the Iowa City Airport Commission of the City of Iowa City, Iowa, will conduct a
public hearing on plans, specifications, form of contract and estimated cost for the construction of the
Reconstruct Terminal Apron and Taxiway project at said Airport at 6:00 p.m. on the 9111 of January, 2020,
said meeting to be held in the 2" d Floor Conference Room of the Airport Terminal Building in said City, or if said
meeting is cancelled, at the next meeting of the Airport Commission thereafter as posted.
Said plans, specifications, form of contract and estimated cost are now on file in the office of the City Clerkin
Iowa City, Iowa, and may be inspected by any interested persons.
Any interested persons may appear at said meeting of the Airport Commission 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 Airport Commission of the City of Iowa City, Iowa and as provided by law.
KELLIE FRUEHLING, CITY CLERK
IDOT AIP #912001OW 100 PH-1 Iowa City Municipal Airport
AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020
Page 57 of 237
THIS PAGE LEFT BLANK INTENTIONALLY
IDOT AIP #912001OW 100 PH-2 Iowa City Municipal Airport
AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020 Page 58 of 237
OFFICIAL PUBLICATION
NOTICE TO BIDDERS/INVITATION FOR BIDS FOR
THE CONSTRUCTION OF IMPROVEMENTS TO THE
IOWA CITY MUNICIPAL AIRPORT
CONSISTING OF
RECONSTRUCT TERMINAL APRON AND TAXIWAY
AT THE
IOWA CITY MUNICIPAL AIRPORT
IOWA CITY, IOWA
IOWA DOT AIP PROJECT 912001OW100
CONTRACT NUMBER 21625
Sealed bids, subject to the conditions contained herein, will be received by the Iowa City Municipal Airport
Commission before 2:00 pm, Local Time, on February 6, 2020, at the office of the City Clerk of Iowa City,
410 East Washington Street, Iowa City, Iowa, 52240, and then will be publicly opened and read aloud. Bids
received after this deadline will be returned to the bidder unopened. Bids submitted by fax machine shall not
be deemed a "sealed bid" for purposes of this project.
Envelopes containing bids must be sealed and addressed to the Iowa City Municipal Airport, c/o City Clerk,
City Hall, 410 East Washington Street, Iowa City, Iowa, 52240; and marked in the upper left-hand corner as
follows:
Bid of (Name and Address of Contractor) for Reconstruct Terminal Apron and Taxiway, Iowa City
Municipal Airport, Iowa City, Iowa, Iowa DOT AIP Project No. 912001OW 100, Contract 21625.
The work to be performed in this project shall include the following described improvements to the Iowa City
Municipal Airport, Iowa City, Iowa.
The Reconstruction of the Terminal Apron and Taxiway is located immediately adjacent and west
of the Iowa City Municipal Airport Terminal Building. The project reconstructs the airport parking
apron and adjacent Taxiway B. The project scope includes removal and replacement of
approximately 4,750 square yards of Portland Cement Concrete pavement, modified subbase,
unclassified excavation and site restoration.
Plans and Specifications
Complete digital project bidding documents are available at www.questcdn.com. You may download the
digital plan documents free of charge by inputting Quest project #6596081 Reconston the website's Project
Search page. Please contact Questcdn.com at 952-233-1632 or info@questcdn.com for assistance in free
membership registration, downloading, and working with this digital project information.
The Bidding Documents are on file for inspection at the offices of AECOM, 501 Sycamore Street, Suite 222,
Waterloo, Iowa, 50703. An optional paper set of project documents is available with a deposit of $25.00. Said
$25.00 deposit is fully -refundable if the Bidding Documents are returned to the Waterloo offices of AECOM
office in good condition within 14 days after the award of bid. It is the contractor's responsibility to ascertain
when the project has been awarded. PAYMENT SHALL BE BY CHECK ONLY.
The Bidding Documents are on display for inspection ONLY at the City Clerk's office, 410 East Washington
Street, Iowa City, Iowa. Optional paper sets of project documents are not available at this location.
Please DO NOT obtain the Bid Documents from anysource otherthan Questcdn.com orthrough the Waterloo
offices of AECOM as listed above. Obtaining documents through any other source than listed above may
prevent Bidder from being included on the official AECOM Planholders List, which could result in Bidder not
receiving addendums or other time -sensitive - bid -critical documents. The Iowa City Airport Commission has
the right to reject any bids that do not use current bidding documents included in their Bid Submission.
IDOT AIP #912001OW 100 N-1 Iowa City Municipal Airport
AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020 Page 59 of 237
Upon award of the project, the contractor shall be supplied with the needed numbers of plans and
specifications at no additional cost.
Bid Security Will be Required as Follows.
Each proposal will be accompanied in a separate labeled and sealed envelope by a completed Bidder Status
Form and by a certified check drawn on a solvent Iowa bank or a bank chartered under the laws of the United
States or bid bond in the amount of ten percent (10%) of the total amount bid, made payable to the order of
the Iowa City Municipal Airport Commission, Iowa City, Iowa. The check must not contain any condition in the
body or endorsement thereon. The checks or bid bonds of the two lowest Bidders will be retained until the low
bidder has been designated and a Contract is approved. Other bid securities will be returned to the
unsuccessful bidders as soon as the successful bidder is determined or within thirty (30) days, whichever is
sooner. A successful Bidder's bid security shall be forfeited to the Airport as liquidated damages in the event
the Bidder fails or refuses to enter into a Contract within fifteen (15) days after the bids are received and post
bond satisfactory to the Airport insuring the faithful fulfillment of the Contract. Bidder shall use the Bid Bond
form provided in the Specifications.
Bonds.
The successful Bidder will be required to furnish separate performance and payment bonds each in an
amount equal to 100% of the Contract price, said bond to be issued by a responsible surety company
authorized by the Iowa City Municipal Airport Commission and shall guarantee the prompt payment of all
materials and labor, also protect and save harmless the Iowa City Airport Commission from all claims and
damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the
maintenance of the improvement for a period of two (2) year(s) from and after its completion and formal
acceptance by the Iowa City Airport Commission.
Pre -Bid Meeting.
A pre -bid meeting will be held on January 30, 2020, at 2:00 pm in the conference room of the Iowa City
Municipal Airport Terminal Building. Attendance at the pre -bid meeting is not required.
Site Inspection.
Bidders are expected to visit the locality of the work and to make their own estimate of the facilities needed
and the difficulties attending the execution of the proposed Contract, including local conditions.
Proposals.
The Bidder must supply all information required by the Proposal Form. Bids must be submitted on the
specified Proposal Form or as an attachment to the forms provided.
Errors in Bid.
Bidders or their authorized agents are expected to examine the Maps, Drawings, Specifications, Circulars,
Schedule and all other instructions pertaining to the work, which will be open to their inspection. Failure to do
so will be at the Bidder's own risk and he cannot secure relief on the plea of error in the bid. In case of error in
the extension of prices, the unit price will govern.
Payments.
Payments will be made to the Contractor based on monthly estimates in amounts equal to ninety-five percent
(95%) of the Contract value of the work completed, including materials and equipment delivered to thejob site
during the preceding calendar month, and will be based upon an estimate prepared on the first day of each
month by the Contractor, checked bythe Engineer and submitted to the Airport Commission on or before the
15th day of the month in question. Such monthly payment will in no way be construed as an act of acceptance
for any part of the work partially or totally completed. The balance of the five percent (5%) due the Contractor
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will be paid not earlier than thirty-one (31) days from the date of final acceptance of said work by the Airport
Commission, subject to the conditions and in accordance with the provisions of Chapter 573 of the Code of
Iowa, as amended. No such partial or final payment will be due until the Contractor has certified to the Airport
Commission that the materials, labor and services involved in each estimate have been paid for in accordance
with the requirements stated in the Specifications.
Predetermined Wage Rates.
Predetermined wage rates do not apply to work on this project.
Sales Tax Exemption Certificates.
Contractors and approved subcontractors will be provided a Sales Tax Exemption Certificate to purchase
building materials or supplies in the performance of contracts let by the Iowa City Municipal Airport
Commission.
The following limitations shall apply to this project:
Calendar Days: 75
Specified Start Date: April 15, 2020
Liquidated Damages: $ 500.00 per day
Award of Contract.
All proposals submitted in accordance with the instructions presented herein will be subject to evaluation. Bids
may be held by the Iowa City Airport Commission for a period not to exceed thirty (30) days from the date of
the bid opening for the purpose of conducting the bid evaluation.
Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and
subcontractors on Cat � projects. A listing of minority contractors can be obtained from the Iowa Department of
Inspections and Appeals at (515) 281-5796 and the Iowa Department of Transportation Contracts Office at (515)
239-1422.
Bidders shall list on the Form of Proposal the names of persons, firms, companies orother parties with whom the
bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s).
The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed
subcontractors, together with quantities, unit prices and extended dollar amounts.
By virtue of statutory authority, preference must be given to products and provisions grown and coal produced
within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The
Iowa reciprocal resident bidder preference law applies to this Project.
The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and
irregularities.
Iowa City Municipal Airport
0
Kellie Fruehling, City Clerk
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IIzl ftlIA11NL`P:
TO
BIDDERS
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INSTRUCTIONS TO BIDDERS
TABLE OF CONTENTS
ARTICLE
PAGE NO.
1
DEFINED TERMS ............................................ ............................................................................
IB-1
2
COPIES OF BIDDING DOCUMENTS.........................................................................................IB-1
3
QUALIFICATIONS OF BIDDERS................................................................................................IB-1
4
EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE ................IB-2
5
SITE AND OTHER AREAS..........................................................................................................IB-3
6
INTERPRETATIONS AND ADDENDA........................................................................................IB-3
7
BID SECURITY............................................................................................................................IB-4
8
CONTRACT TIMES.....................................................................................................................IB-4
9
LIQUIDATED DAMAGES.............................................................................................................IB-4
10
SUBSTITUTE AND "OR EQUAL" ITEMS....................................................................................IB-4
11
SUBCONTRACTORS, SUPPLIERS, AND OTHERS..................................................................IB-4
12
PREPARATION OF BID.............................................................................................................IB-4
13
BASIS OF BID; EVALUATION OF BIDS....................................................................................IB-5
14
SUBMITTAL OF BID....................................................................................................................IB-6
15
MODIFICATION AND WITHDRAWAL OF BID...........................................................................IB-6
16
OPENING OF BIDS....................................................................................................................IB-6
17
BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE...........................................................IB-6
18
AWARD OF CONTRACT.............................................................................................................IB-6
19
CONTRACT SECURITY AND INSURANCE...............................................................................IB-7
20
SIGNING OF AGREEMENT........................................................................................................IB-7
21
TAX..............................................................................................................................................
I B-7
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INSTRUCTIONS TO BIDDERS
ARTICLE 1 - DEFINED TERMS
1.01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions
and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings
indicated below which are applicable to both singular and plural thereof:
A. Bidder: The individual or entity who submits a Bid directly to OWNER.
B. Issuing Office: The office from which the Bidding Documents are to be issued and where the
bidding procedures are to be administered.
C. Successful Bidder: The lowest responsible Bidder submitting a responsive Bid to whom OWNER
(on the basis of OWNER'S evaluation as hereinafter provided) makes an award.
ARTICLE 2 - COPIES OF BIDDING DOCUMENTS
2.01 Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor ENGINEER
assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding
Documents.
2.02 OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so
only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use.
ARTICLE 3 - QUALIFICATIONS OF BIDDERS
3.01 To demonstrate Bidder's qualifications to perform the Work, within five days of OWNER's request
Bidder shall submit written evidence such as may be called for below:
A. The address and description of the Bidders place of business.
B. The number of years engaged in the contracting business under the present firm name, and the
name of the state where incorporated.
C. A list of the property and equipment available to the Bidder to evaluate if the Bidder can complete
the Work in accordance with the Bidding Documents.
D. A financial statement of the Bidder showing that the Bidder has the financial resources to meet all
obligations incidental to the Work.
E. The Bidder's performance record giving the description, location, and telephone numbers of similar
projects constructed in a satisfactory manner by the Bidder.
F. A list of projects presently under contract, the approximate contract amount, and percent of
completion of each.
G. A list of contracts which resulted in lawsuits.
H. A list of contracts defaulted.
I. A statement of the Bidder indicating whether or not the Bidder has ever filed bankruptcy while
performing Work of like nature or magnitude.
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J. A list of officers of the firm who, while in the employ of the firm or the employ of previous firms,
were associated with contracts which resulted in lawsuits, contracts defaulted or filed for bankruptcy.
K. The technical experience of personnel guaranteed to be employed in the responsible charge of the
Work stating whether the personnel have or have not performed satisfactorily on other contracts of like nature
and magnitude or comparable difficulty at similar rate of progress.
L. Such additional information as will assist OWNER in determining whether the Bidder is adequately
prepared to fulfill the contract.
3.02 OWNER'S decision as to qualification of the Bidders shall be final.
ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE
4.01 Underground Facilities
A. Information and data shown or indicated in the Bidding Documents with respect to existing
Underground Facilities at or contiguous to the Site is based upon information and data furnished to OWNER
and ENGINEER by owners of such Underground Facilities, including OWNER, or others.
4.02 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with
respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes
in the Contract Documents due to differing or unanticipated conditions appear in paragraphs 4.02, 4.03, and
4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to
prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible
changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at
the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract
Documents to be within the scope of the Work appear in paragraph 4.06 of the General Conditions.
4.03 On request, OWNER will provide each Bidder access to the Site to conduct such examinations,
investigations, explorations, tests, and studies as each Bidder deems necessary for submission of a Bid.
Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such
explorations, investigations, tests, and studies.
4.04 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general
nature of work that is to be performed at the Site by OWNER or others (such as utilities and other prime
contractors) that relates to the Work for which a Bid is to be submitted. On request, OWNER will provide to
each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to
price) for such work.
4.05 It is the responsibility of each Bidder before submitting a Bid to:
A. Examine and carefully study the Bidding Documents and other related data identified in the Bidding
Documents;
B. Visit the Site to become familiar with and satisfy Bidder as to the general, local, and Site conditions
that may affect cost, progress, or performance of the Work;
C. Become familiar with and satisfy Bidder as to all federal, state and local Laws and Regulations that
may affect cost, progress, or performance of the Work;
D. Obtain and carefully study (or assume responsibility for doing so) all examinations, explorations,
tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or
contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any
aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by
Bidder, including any specific means, methods, techniques, sequences, and procedures of construction
expressly required by the Bidding Documents, and safety precautions and programs incident thereto;
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E. Agree at the time of submitting its Bid that no further examinations, investigations, explorations,
test, studies or data are necessaryfor the determination of its Bid for performance of the Work at the price bid
and within the times and in accordance with the other terms and conditions of the Bidding Documents;
F. Become aware of the general nature of the work to be performed by OW NER and others at the Site
that relates to the Work as indicated in the Bidding Documents;
G. Correlate the information known to Bidder, information and observations obtained from visits to the
Site, reports and drawings identified in the bidding Documents, and all additional examinations, investigations,
explorations, tests, studies, and data with the Bidding Documents;
H. Promptlygive ENGINEERwritten notice of all conflicts, errors, ambiguities, ordiscrepancies which
Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is
acceptable to Bidder; and
I. Determine that the Bidding Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for the performance of the Work.
4.06 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has
complied with every requirement of this Article 4, that without exception the Bid is premised upon performing
and furnishing the Work required by the Bidding Documents and applying any specific means, methods,
techniques, sequences, and procedures of construction that may be shown or indicated or expressly required
bythe Bidding Documents, that Bidder has given ENGINEERwritten notice of all conflicts, errors, ambiguities,
and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by
ENGINEER are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and
convey understanding of all terms and conditions for performing and furnishing the Work.
ARTICLE 5 - SITE AND OTHER AREAS
5.01 The Site is identified in the Bidding Documents. All additional lands and access thereto required for
temporary construction facilities, construction equipment, or storage of materials and equipment to be
incorporated in the Work are to be obtained and paid for by CONTRACTOR. Easements for permanent
structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless
otherwise provided in the Bidding Documents.
ARTICLE 6 - INTERPRETATIONS AND ADDENDA
6.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINEER
in writing. Interpretations or clarifications considered necessary by ENGINEER in response to such questions
will be issued by Addenda mailed or delivered to all parties recorded by ENGINEER as having received the
Bidding Documents. Questions received less than seven days prior to the date for opening of Bids may not be
answered. Only questions answered by Addenda will be binding. Any information provided to Bidders other
than by means of the Contract Documents, including Addenda as described below, is given informally for
information and the convenience of the Bidder only and is not guaranteed. Oral or other interpretations or
clarifications will be without legal effect.
6.02 ENGINEER will neither approve nor disapprove materials or equipment prior to the opening of Bids.
No response will be provided to a Bidder's oral question if the question involves an interpretation of the intent
or meaning of the Contract Documents, or the equality or use of products or methods other than those
designated or described on the Drawings or in the Specifications.
6.03 Addenda maybe issued to clarify, correct, or change the Bidding Documents as deemed advisable by
OWNER or ENGINEER.
6.04 Each Bidder shall determine prior to submitting a Bid that Bidder has received all Addenda issued, and
each Bidder shall acknowledge receipt on the Bid Form.
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ARTICLE 7 - BID SECURITY
7.01 A Bid must be accompanied by Bid security made payable to OWNER in amount of not less than 10%
of the Bidder's maximum Bid price and in the farm of a certified check, cashiers check or Certified Share Draft
drawn on a bank or credit union in Iowa or a bank or credit union chartered underthe laws of the United States
of America or a Bid Bond (on form attached, if form is prescribed) issued by a surety meeting the
requirements of paragraphs 5.01 and 5.02 of the General Conditions.
7.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract
Documents, furnished the required contract security and met the other conditions of the Notice of Award,
whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract
Documents and furnish the required contract security within 15 days after the Notice of Award, OWNER may
annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders
whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER
until the earlier of seven days after the Effective Date of the Agreement or 36 days after the Bid Opening,
where upon the Bid Security furnished by such Bidders will be returned.
7.03 Bid security of the other Bidders who furnished certified checks will have checks returned within 7 days
after the Bid opening. Bond farms will be returned upon request.
ARTICLE 8 - CONTRACT TIMES
8.01 The number of days within which, or the dates by which, the Work is to be (a) Substantially Completed
and (b) also completed and ready for final payment are set forth in the Agreement.
ARTICLE 9 - LIQUIDATED DAMAGES
9.01 Provisions for liquidated damages, if any, are set forth in the Agreement.
ARTICLE 10 - SUBSTITUTES AND "OR EQUAL" ITEMS
10.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the
Bidding Documents without consideration of possible substitute or "or equal" items. Whenever it is specified
or described in the Bidding Documents that a substitute or "or equal" item of material or equipment may be
furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be
considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of
any such application by CONTRACTOR and consideration by ENGINEER is set forth in the General
Conditions and may be modified in the Supplementary Conditions or supplemented in the General
Requirements.
ARTICLE 11 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS
11.01 The apparent Successful Bidder, or any other Bidder so requested, shall within five days after the Bid
opening, submit to ENGINEER the fallowing information:
A. The designation of the Work to be performed by CONTRACTOR with their own forces.
B. A list of the names of CONTRACTOR's proposed Subcontractors having a direct contract with
CONTRACTOR and whose portion of the Work exceeds $1,000.00, along with the Work to be performed by
each.
ARTICLE 12 - PREPARATION OF BID
12.01 Only the Bid Farm included with the Bidding Documents shall be used; additional copies may be
obtained from ENGINEER (or Issuing Office).
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A. Bidder is required to fill in unit, supplemental, or alternative prices, or other information requested
for each item as listed on the Bid Form.
B. All blanks on the Bid Form shall be completed in ink or by typewriter.
C. The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers and dates of
which shall be filled in on the Bid form.
D. The full name, telephone number, and business address of each Bidder for communications
regarding the Bid must be entered on the Bid submitted.
E. The Bid shall be signed in the space provided therefore by written signature of the person or
persons properly authorized to sign it. All names must be typed or printed below the signature.
12.02 The Bidder, when signing the Bid(s) shall meet the following requirements:
A. A Bid submitted by an individual shall be signed by the Bidder and Bidder's official address shown.
B. A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose
title must appear under the signature) accompanied by evidence of authority to sign. The official address of
the partnership shall be shown below the signature.
C. A Bid by a corporation shall be executed in the corporate name bythe president or a vice-president
or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed
and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall
be shown below the signature. Such corporation must be licensed to do business in the state in which the
Project is located before a Contract to do the Work embraced in the Bid can be signed. If a foreign
corporation, the state under which it is incorporated must be named.
D. A Bid by a joint venture shall be executed by each joint venture in the manner indicated on the Bid
form. The official address of joint venturer shall be shown below the signature.
E. A Bid by a limited company shall be executed in the name of the firm by a member and
accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the
firm shall be shown below the signature.
F. Bids which are signed by an attorney -in -fact for individuals, firms, partnerships or joint ventures
shall have attached thereto a power -of -attorney evidencing authority to sign the Bid.
12.03 It is the responsibility of the Bidder to submit a neat, accurate, and complete Bid.
12.04 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where
the Project is located or covenant to obtain such qualification prior to award of the Contract. Bidder's state
contractor license number for the state of the Project, if any, shall also be shown on the Bid form.
ARTICLE 13 - BASIS OF BID; EVALUATION OF BIDS
13.01 Unit Price
A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Unit Price
Schedule.
B. The total of all estimated prices will be determined as the sum of the products of the estimated
quantity of each item and the unit price Bid for the item. The final quantities and Contract Price will be
determined in accordance with paragraph 11.03 of the General Conditions.
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C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of
the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum
thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved
in favor of the words.
D. A Bid which does not contain a unit price which is both adequate and reasonable for each item
named in the Bid may be considered irregular and subject to rejection.
13.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on
account of cash or quantities allowances, if any, named in the Contract Documents as provided in
paragraph 11.02 of the General Conditions.
13.03 OWNER shall have the right to reject any supplemental unit prices for additions to or deductions from
the Work as given in the Bid, if the prices are considered excessive or unreasonable, or to accept any unit
prices which may be considered fair and reasonable.
ARTICLE 14 - SUBMITTAL OF BID
14.01 Each prospective Bidder is furnished copies of the Bidding Documents with one separate unbound
copy of the Bid Form and the Bid Bond. The unbound copy of the Bid form shall be completed and submitted
with the Bid security and other data.
14.02 A Bid shall be submitted no later than the date and the time prescribed and at the place indicated in
the Notice to Bidders and Invitation for Bids and shall be enclosed in an opaque sealed envelope plainly
marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is
submitted), the name and address of the Bidder, and shall be accompanied by the Bid Security and other
required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be
enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. No oral, facsimile, or
telephonic bids will be accepted.
14.03 Bids received after the official Bid closure time will be returned to the Bidder unopened.
ARTICLE 15 - MODIFICATION AND WITHDRAWAL OF BID
15.01 A Bid maybe modified or withdrawn by an appropriate document duly executed in the manner that a
Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for
opening of Bids.
15.02 Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that
they are then fully in conformance with these Instructions to Bidders.
ARTICLE 16 - OPENING OF BIDS
16.01 Bids will be opened at the time and place indicated in the Notice to Bidders and Invitation for Bids and,
unless obviously non -responsive, read aloud publicly. An abstract of the amounts of the base Bid and major
alternates, if any, will be made available to Bidders after the opening of Bids.
ARTICLE 17 - BID TO REMAIN SUBJECT TO ACCEPTANCE
17.01 All Bids will remain subject to acceptance for the period of time stated in the Notice to Bidders and
Invitation for Bids, but OWNER may, in its sole discretion, release any Bid and return the Bid security priorto
the end of this period.
ARTICLE 18 - AWARD OF CONTRACT
18.01 OWNER reserves the right to reject any and all Bids, including without limitation, nonconforming,
nonresponsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any
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Bidder whom it finds, after reasonable inquiry and evaluation, to be non -responsible. OWNER may also
reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make
an award to that Bidder. OWNER also reserves the right to waive all informalities not involving price, time or
changes in the Work.
18.02 More than one Bid for the same Work from an individual or entity under the same or different names
will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid
for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which the Bidder
has an interest.
18.03 In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed
requirements, and such alternates, unit prices, supplemental prices and other data as may be requested in the
Bid Form or prior to the Notice of Award.
18.04 In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the
qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those
portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must
be submitted as provided in the Supplementary Conditions. OWNER also may consider the operating costs,
maintenance requirements, performance data and guarantees of major items of materials and equipment
proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of
Award.
18.05 OWNER may conduct such investigations as OWNER deems necessary to establish the
responsibility, qualifications, and financial ability of the Bidders, proposed Subcontractors, Suppliers,
individuals, or entities to perform the Work in accordance with the Contract Documents.
18.06 If the Contract is to be awarded, OWNER will award the Contract to the lowest responsive,
responsible Bidder.
ARTICLE 19 - CONTRACT SECURITY AND INSURANCE
19.01 Article 5 of the General Conditions, as maybe modified by the Supplementary Conditions, sets forth
OW NER's requirements as to performance and payment Bands and insurance. When the Successful Bidder
delivers the executed Agreement to OWNER, it shall be accompanied by such bonds.
L1 idCd44vzi M011�rC=.ly_Tfl 744Lill 4�III t
20.01 When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the
required number of unsigned counterparts of the Agreement with other Contract Documents which are
identified in the Agreement attached thereto. Within 15 days thereafter, Successful Bidder shall sign and
deliver the required number of counterparts of the Agreement and attached documents to OWNER. Within
10 days thereafter, OWNER will deliver one fully signed counterpart to Successful Bidder and ENGINEER.
ARTICLE 21 - TAX
21.01 BIDDERS shall not include State Sales and Use Taxes on materials and equipment to be incorporated
in Work included in Bid.
21.02 Before construction begins, OWNER will provide Sales Tax Exemption Certificates to the
CONTRACTOR and all subcontractors.
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BID FORM
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BID FORM
PROJECT IDENTIFICATION:
Reconstruct Terminal Apron and Taxiway
IDOT PROJECT NUMBER: AIP 912001OW 100, Contract No. 21625
THIS BID IS SUBMITTED TO:
Iowa City Airport Commission
c\o City Clerk
410 E. Washington Street
Iowa City, Iowa 52240
(hereinafter called OWNER)
1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with
OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the
Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other
terms and conditions of the Bidding Documents.
2.01 Bidder accepts all of the terms and conditions of the Request for Bids and Instructions to Bidders,
including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to
acceptance for the Bid withdrawal time period specified in the Request for Bids after the Bid opening, or for
such longer period of time that Bidder may agree to in writing upon request of OWNER.
3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that:
A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified
in the Bidding Documents, and the following Addenda, receipt of all which is hereby
acknowledged:
Addendum Addendum
Date Number
B. Bidder has visited the Site and become familiar with and satisfied as to the general, local, and Site
conditions that may affect cost, progress, performance of the Work;
C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that
may affect cost, progress, performance of the Work.
D. Bidder has carefully studied all: (1) all drawings of physical conditions in or relating to existing
surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which
have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the
General Conditions, (2) reports and drawings of a Hazardous Environmental Condition, if any,
which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the
General Conditions.
Bidder has obtained and carefully studied (or assumes responsibility for having done so) all
additional or supplementary examinations, investigations, explorations, tests, studies, and data
IDOT AIP #912001OW 100 B-1 Iowa City Municipal Airport
AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020
Page 77 of 237
concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the
Site which may affect cost, progress, performance of the Work orwhich relate to any aspect of the
means, methods, techniques, sequences, and procedures of construction expressly required by
the Bidding Documents to be employed by Bidder, and safety precautions and programs incident
thereto.
F. Bidder does not consider that any additional examinations, investigations, explorations, tests,
studies or data are necessary for the determination of this Bid for performance and furnishing of
the Work in accordance with the time, price, and other terms and conditions of the Bidding
Documents.
G. Bidder is aware of the general nature of Work to be performed by OWNER and others at the Site
that relates to Work as indicated in the Bidding Documents.
H. Bidder has correlated the information known to Bidder, information and observations obtained from
visits to the Site, reports and drawings identified in the Bidding Documents, and all additional
examinations, investigations, explorations, tests, studies, and data with the Bidding Documents.
Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies
that Bidder has discovered in the Bidding Documents and the written resolution thereof by
ENGINEER is acceptable to Bidder.
J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms
and conditions for performing and furnishing the Work for which the Bid is submitted.
4.01 Bidder further represents that this Bid is genuine and not made in the interest or on behalf of any
undisclosed individual or entity and is not submitted in conformitywith any agreement or rules of any group,
association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other
Bidder to submit a false or sham Bid; Bidder has not solicited or induced any individual or entity to refrain from
bidding; and Bidder has not sought by collusion to obtain for itself anyadvantage over any other Bidder or over
OWNER.
5.01. Bidder will complete the Work in accordance with the Contract Documents for the following price(s):
IOWA CITY MUNICIPAL AIRPORT
RECONSTRUCT TERMINAL APRON AND TAXIWAY
IDOT PROJECT NO. 912001OW100
CONTRACT NO. 21625
ITEM
PLANNED
UNIT
TOTAL
DESCRIPTION
UNIT
NO.
QUANTITY
PRICE
AMOUNT
1
MOBILIZATION AND DEMOBILIZATION
LS
1
$
$
2
PAVEMENT REMOVAL
SYD
4,765
$
$
3
UNCLASSIFIED EXCAVATION
CYD
805
$
$
4
INLET PROTECTION
EA
5
$
$
5
REMOVAL OF INLET PROTECTION
EA
5
$
$
6
MODIFIED SUBBASE
CYD
805
$
$
7
8 - INCH PORTLAND CEMENT CONCRETE
SYD
4,765
$
$
PAVEMENT
8
APRON MARKING (YELLOW -REFLECTIVE-
SF
155
$
$
WATERBORNE
9
TAXIWAY MARKING (YELLOW -REFLECTIVE-
SF
190
$
$
WATERBORNE
IDOT AIP #912001OW 100 B-2 Iowa City Municipal Airport
AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020
Page 78 of 237
ITEM
PLANNED
UNIT
TOTAL
DESCRIPTION
UNIT
I
NO.
QUANTITY
PRICE
AMOUNT
10
TAXIWAY MARKING (BLACK -NON -REFLECTIVE-
WATERBORNE
SF
380
$
$
11
SITE RESTORATION
AC
0.2
1 $
$
TOTAL AMOUNT BID $
Bidder shall provide a unit price for all items listed.
Unit Prices have been computed in accordance with paragraph 11.03 of the General Conditions.
Bidder acknowledges that estimated quantities are not guaranteed, and are solelyfor the purpose of
comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities
provided, determined as provided in the Contract Documents.
6.01 It is the Airport's intention to evaluate bids reviewing both the Base Bid and Add Alternate Bids. The
Airport has limited funds available and will award only what funding allows. The Airport reserves the right to
award the contract based on the Base Bid only or the Base Bid plus any and all Add Alternate Bid Options."
7.01 Bidder agrees that the Work will be substantially completed and completed and ready for final payment
in accordance with paragraph 14.07.13 of the General Conditions on or before the dates or within the number
of working days indicated in the Agreement.
8.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to
complete the Work within the times specified in the Agreement.
9.01 The following documents are attached to and made a condition of this Bid:
A. Required Bid Security in the form of
(Certified Check, Cashier's Check, Certified Share Draft or Bid Bond)
in the amount of
(Dollars or Percent)
10.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to
Bidders, the General Conditions, and the Supplementary Conditions.
11.01 Communications concerning this Bid shall be addressed to the Bidder as indicated below:
Name
Company:
Address:
City, State, Zip
Telephone No.
IDOT AIP #912001OW 100 B-3 Iowa City Municipal Airport
AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020 Page 79 of 237
I hereby certify that as Bidder Ilwe have examined and carefully prepared this Bid from the Bidding Documents
and have checked the Bidding Documents in detail before submitting this Bid, and that all statements herein
are made on behalf of:
An Individual: By (Written)
(Typed) (Individual's Name)
doing business as (Firm Name)
Business address:
Phone No.:
A Partnership: By
(Firm Name)
By (Written)
(Typed)
(General Partner)
Business address:
Phone No.:
A Corporation: By
(Corporation Name)
(State of Incorporation)
By (Written)
(Typed)
(Name of Person Authorized to Sign)
(Title)
(Corporate Seal)
Attest (Written)
(Typed)
(Secretary)
Business address:
Phone No.:
A Joint Venture: By (Written)
(Typed)
(Name)
By (Written)
(Typed) (Name)
(Address)
Phone number and address for receipt of official communications:
(Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is
a party to the joint venture should be in the manner indicated above).
IDOT AIP #912001OW 100 B-4 Iowa City Municipal Airport
AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020 Page 80 of 237
1-i14-TON111
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Meeting Date January 9, 2020 Page 81 of 237
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020
Page 82 of 237
BID BOND
PENAL SUM FORM
Any singular reference to Bidder, Surety, Owner, or other party shall be considered plural where
applicable.
BIDDER (Name and Address):
SURETY (Name and Address of Principal Place of Business):
OWNER (Name and Address):
BID
Bid Due Date:
Project (Brief Description Including Location):
BOND
Bond Number:
Date (Not later than Bid due date):
Penal sum
(Words)
Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side
hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or
representative.
Bidders Name and Corporate Seal
By:
Signature and Title
Attest:
SURETY
(Seal) (Seal)
Surety's Name and Corporate Seal
By:
Signature and Title
(Attach Power of Attorney)
Attest:
Signature and Title Signature and Title
Note: Above addresses are to be used for giving required notice.
1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators,
successors and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this
Bond. Payment of the penal sum is the extent of Surety's liability.
IDOT AIP #912001OW 100 BB-1 Iowa City Municipal Airport
AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020 Page 83 of 237
PENAL SUM FORM
2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding
Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by
the Bidding Documents and any performance and payment bonds required by the Bidding Documents.
3. This obligation shall be null and void if:
3.1.Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents
(or any extension thereof agreed to in writing by Owner) the executed Agreement required bythe Bidding
Documents and any performance and payment bonds required by the Bidding Documents, or
3.2. All Bids are rejected by Owner, or
3.3.Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents
(or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when
required by Paragraph 5 hereof).
4. Payment under this Bond will be due and payable upon default by Bidder and within 30 calendar days
after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with
reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.
5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue
Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of
Award including extensions shall not in the aggregate exceed
120 days from Bid due date without Surety's written consent.
6. No suitor action shall be commenced under this Bond prior to 30 calendar days after the notice of default
required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid
due date.
7. Any suitor action under this Bond shall be commenced only in a court of competent jurisdiction located in
the state in which the Project is located.
S. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses
shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by
United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to
be effective upon receipt by the party concerned.
9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the
authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal,
and deliver such Bond and bind the Surety thereby.
10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of
any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set
forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said
statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force
and effect.
11. The term "Bid" as used herein includes a Bid, offer, or proposal as applicable.
IDOT AIP #912001OW 100 BB-2 Iowa City Municipal Airport
AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020 Page 84 of 237
TARGETED SMALL BUSINESS (TSB)
CONTRACT PROVISION
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020 Page 85 of 237
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020 Page 86 of 237
Exhibit A
CONTRACT PROVISION
Targeted Small Business (TSB)
Affirmative Action Responsibilities
on
Non -Federal Aid Projects (Third -Party State -Assisted Projects)
March 2019
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020 Page 87 of 237
March 2019 Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020 Page 88 of 237
CONTRACT PROVISION
Targeted Small Business(TSB)Affirmative Action Responsibilities on Non -Federal -aid
Projects (Third -party State -Assisted Projects)
TSB DEFINITION
A TSB is a small business, as defined by Iowa Code Section 15.102(10), which is 51 % or more owned, operated
and actively managed by one or more women, minority persons, service -disabled veterans or persons with a
disability provided the business meets all of the following requirements: is located in this state, is operated for profit
and has an annual gross income of less than 4 million dollars computed as an average of the three preceding fiscal
years.
2. TSBREQUIREMENTS
In all State -assisted projects made available through the Iowa Department of Transportation, local governments have
certain affirmative action requirements to encourage and increase participation of disadvantaged individuals in business
enterprises. These requirements are based on Iowa Code Section 19B.7. These requirements supersede all existing TSB
regulations, orders, circulars and administrative requirements.
3. TSB DIRECTORY INFORMATION
Available from: Iowa Economic Development Authority
Targeted Small Business Certification Program
200 East Grand Avenue
Des Moines, IA 50309
Phone:(515-348-6159)
Website: https://Iowaeconomicdevelopment.com/tsb
4. THE CONTRACTOR'S TSB POLICY
The contractor is expected to promote participation of disadvantaged business enterprises as suppliers,
manufactures and subcontractors through a continuous, positive, result -oriented program. Therefore, the contractor's
TSB policy shall be:
It is the policy of this firm that Targeted Small Business (TSB) concerns shall have the maximum practical
opportunity to participate in contracts funded with State -assisted funds which are administered by this firm
(e.g. suppliers, manufactures and subcontractors). The purpose of our policy is to encourage and increase
the TSB participation in contracting opportunities made available by State -assisted programs.
5. CONTRACTOR SHALL APPOI NTAN EQUAL EMPLOYMENT OPPORTUNITY (EEO) OFFICER
The contractor shall designate a responsible person to serve as TSB officer to fulfill the contractors affirmative action
responsibilities. This person shall have the necessary statistics, funding, authority and responsibility to carry out
and enforce the fiirm's EEO policy. The EEO officer shall be responsible for developing, managing and implementing
program on a day-to-day basis. The officer shall also:
A. For current TSB information, contact the Iowa Economic Development Authority (515-348-6159) to
potential material suppliers, manufactures and contractors.
B. Make every reasonable effort to involve TSBs by soliciting quotations from them and Incorporating them into
the firm's bid.
C. Make every reasonable effort to establish systematic written and verbal contact with those TSBs having the
materials or expertise to perform the work to be subcontracted, at least two weeks prior to the time
quotations are to be submitted. Maintain complete records of negotiation efforts.
D. Provide or arrange for assistance to TSBs in seeking bonding, analyzing plans/specfFlcations or other
actions that can be viewed as technical assistance.
Page 1
TSB Affirmative Action Responsibilities Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020 Page 89 of 237
E. Ensure the scheduled progress payments are made to TSBs as agreed in subcontract agreements.
F. Require all subcontractors and material suppliers to comply with all contract equal opportunity and
affirmative action provisions.
1. COUNTINGTSBs PARTICIPATION ON A PROJECT
TSBs are to assume actual and contractual responsibilities for provision of materials/supplies, subcontracted work or
other commercially usefulfunction.
A. The bidder may count:
(1) Planned expenditures formaterials/supplies to be obtainedfrom TSB suppliers and manufacturers;
or
(2) Work to be subcontracted to a TSB; or
(3) Any other commercially useful function.
B. The contractor may count:
(1) 100% of an expenditure to a TSB manufacturer that produces/supplies goods manufactured from
raw materials.
(2) 60% of an expenditure to TSB suppliers that are not manufacturers; provided the suppliers perform a
commercially useful function in the supply process.
(3) Only those expenditures to TSBs that perform a commercially useful function in the work of a
contract, including those as a subcontractor.
(4) Work the Contracting Authority has determined that it involves a commercially usefulfunction. The
TSB must have a necessary and useful role in the transaction of a kind for which there is a market
outside the context of the TSB program. For example, leasing equipment or purchasing materials
from the prime contractor would not count.
2. REQUI RED DATA, DOCUMENTS AN D CONTRACTAWARD PROCEDURES FROM BIDDERSICONTRACTORS
FOR PROJECTS WITH ASSIGNED GOALS
rs�-.fit;mn
Bidders who fail to demonstrate reasonable positive efforts may be declared ineligible to be awarded the
contract. Bidders shall complete the bidding documents plus a separate form called "TSB Pre -Bid Contact
Information". This form includes:
(1) Name(s) of the TSB(s) contacted regarding subcontractable items.
(2) Date ofthe contract.
(3) . Whether or not a TSB bid/quotation was received.
(4) Whether or not the TSB's bid/quotation was used.
(5) The dollar amount proposed to be subcontracted.
B. Contractors Using Quotes From TSBs
Use those TSBs whose quotes are listed in the "Quotation Used in Bid" column along with a "yes" indicated
on the Pre -bid Contact Information form.
Page 2
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020 Page 90 of 237
A. Contractors NOT Using Quotes From TSBs
If there are no TSBs listed on the Pre -bid Contract Information form, then the contractor shall document all
efforts made to include TSB participation in this project by documenting the following:
(1) What pre -solicitation or pre -bid meetings scheduled by the contracting authority were attended?
(2) Which general news circulation, trade associations and/or minority -focused media were
advertised concerning the subcontracting opportunities?
(3) Were written notices sent to TSBs that TSBs were being solicited and was sufficient time
allowed for the TSBs to participate effectively?
(4) Were Initial solicitations of interested TSBs followed up?
(5) Were TSBs provided with adequate information about the plans, specifications and requirements
of the contract?
(6) Were interested TSBs negotiated with in good faith? If a TSB was rejected as unqualified, was
the decision based on an investigation of their capabilities?
(7) Were interested TSBs assisted in obtaining bonding, lines of credit or insurance required by
the contractor?
(8) Were services used of minority community organization, minority contractors' groups; local,
State and Federal minority business assistance offices or any other organization providing
such assistance.
The above documentation shall remain in the contractor's files fora period ofthree (3) years after the
completion of the project and be available for examination by the Iowa Economic Development Authority.
3. POSITIVE EFFORT DOCUMENTATION WHEN NO GOALS ARE ASSIGNED
Contractors are also required to make positive efforts in utilizing TSBs on all State -assisted projects which are not
assigned goals. Form "TSB Pre -bid Contact Information" is required to be submitted with bids on all projects. If
there is no TSB participation, then the contractor shall comply with section 7C. of this document priorto the
contract award.
Page 3
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Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020 Page 92 of 237
UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ENTERPRISES
ON NON-FEDERAL AID PROJECTS
(THIRD -PARTY STATE -ASSISTED PROJECTS)
In accordance with Iowa Code Section 19B.7, it is the policy of the Iowa Department of Transportation (Iowa DOT) that Targeted Small
Business (TSB) enterprises shall have the maximum practicable opportunity to participate in the performance of contracts financed in
whole or part with State funds.
Under this policy the Recipient shall be responsible to make a positive effort to solicit bids or proposals from TSB firms and to utilize
TSB firms as contractors or consultants. The Recipient shall also ensure that the contractors or consultants make positive efforts to
utilize TSB firms as subcontractors, subconsultants, suppliers, or participants in the work covered by this agreement.
The Recipient's "positive efforts" shall include, but not be limited to:
1. Obtaining the names of qualified TSB firms from the Iowa Economic Development Authority (515-725-3132) or from its website
at: https://www.iowa.gov/tsb/index.php/home.
2. Notifying qualified TSB firms of proposed projects involving State funding. Notification should be made in sufficient time to
allow the TSB firms to participate effectively in the bidding or request for proposal (RFP) process.
3. Soliciting bids or proposals from qualified TSB firms on each project, and Identifying for TSB firms the availability of
subcontract work.
4. Considering establishment of a percentage goal for TSB participation in each contract that is a part of this project and for
which State funds will be used. Contract goals may vary depending on the type of project, the subcontracting opportunities
available, the type of service or supplies needed for the project, and the availability of qualified TSB firms in the area.
5. For construction contracts:
a) Including in the bid proposals a contract provision titled "TSB Affirmative Action Responsibilities on Non -Federal Aid
Projects (Third -Party State -Assisted Projects)" or a similar document developed by the Recipient. This contract provision
is available on-line at:
http://www.dot.state.1a.us/local_systems/publicationsltsb_contract provision.pdf
b) Ensuring that the awarded contractor has and shall follow the contract provisions.
6. For consultant contracts:
a) Identifying the TSB goal in the Request for Proposal (RFP), if one has been set.
b) Ensuring that the selected consultant made a positive effort to meet the established TSB goal, if any. This should include
obtaining documentation from the consultant that includes a list of TSB firms contacted; a list of TSB firms that responded
with a subcontract proposal; and, if the consultant does not propose to use a TSB firm that submitted a subcontract
proposal, an explanation why such a TSB firm will not be used.
The Recipient shall provide the Iowa DOT the following documentation:
1. Copies of correspondence and replies, and written notes of personal and/or telephone contacts with any TSB firms. Such
documentation can be used to demonstrate the Recipient's positive efforts and it should be placed in the general project file.
2. Bidding proposals or RFPs noting established TSB goals, if any.
3. The attached "Checklist and Certification." This form shall be filled out upon completion of each project and forwarded to: Iowa
Department of Transportation, Civil Rights Coordinator, Office of Employee Services, 800 Lincoln Way, Ames, IA 50010.
Page 5
Recipient:
County. _
1
2.
3.
4.
F�
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020 Page 93 of 237
CHECKLIST AND CERTIFICATION
For the Utilization of Targeted Small Businesses (TSB)
On Non -Federal -aid Projects (Third -Party State -Assisted Projects)
Project Number:
Agreement Number:
Were the names of qualified TSB firms obtained from the Iowa Department of Inspections and Appeals? ❑ YES ❑ NO
If no, explain
Were qualified TSB firms notified of project? ❑ YES ❑ NO
If yes, by ❑ letter, ❑ telephone, ❑ personal contact, or ❑ other (specify)
If no, explain
Were bids or proposals solicited from qualified TSB firms? ❑ YES ❑ NO
If no, explain
Was a goal or percentage established for TSB participation? ❑ YES ❑ NO
If yes, what was the goal or percentage?
If no, explain why not:
Did the prime contractor or consultant use positive efforts to utilize TSB firms on subcontracts? ❑ YES ❑ NO
If no, what action was taken by Recipient?
Is documentation in files? ❑ YES ❑ NO
6. What was the dollar amount reimbursed to the Recipient
from the Iowa Department of Transportation?
What was the final project cost?
What was the dollar amount performed by TSB firms?
Name(s) and address(es) of the TSB
(Use additional sheets if necessary)
Was the goal or percentage achieved? ❑ YES ❑ NO
If no, explain
As the duly authorized representative of the Recipient, I hereby certify that the Recipient used positive efforts to utilize TSB
firms as participants in the State -assisted contracts associated with this project.
Title
Signature
Page 6
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020 Page 94 of 237
AGREEMENT
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020 Page 95 of 237
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020
Page 96 of 237
AGREEMENT
THIS AGREEMENT is dated as of the day of
in the year 2020 by and
between Iowa City Airport Commission, 1801 S. Riverside Drive, Iowa City. Iowa (hereinafter called
OWNER) and
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1 -WORK
1.01. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The
Work is generally described as follows:
The Reconstruction of the Terminal Apron and Taxiway is located immediately adjacent and west
of the Iowa City Municipal Airport Terminal Building. The project reconstructs the airport parking
apron and adjacent Taxiway B. The project scope includes removal and replacement of
approximately 4,750 square yards of Portland Cement Concrete pavement, modified subbase,
unclassified excavation and site restoration.
ARTICLE 2 - PROJECT
2.01. The Project for which the Work under the Contract Documents may be the whole or only a part of is
generally described as follows:
Reconstruct Terminal Apron and Taxiway
Iowa City Municipal Airport
Iowa City, Iowa
ARTICLE 3 - ENGINEER
3.01. The Project has been designed by AECOM, who is hereinafter called ENGINEER and who is to act as
OW NER's representative, assume all duties and responsibilities, and have the rights and authority assigned to
ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the
Contract Documents.
ARTICLE 4 - CONTRACT TIMES
4.01 Time is of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness forfinal
payment as stated in the Contract Documents are of the essence of the Contract.
4.02. Dates for Substantial Completion and Final Payment
A. Work shall commence within 10 days after date set in Notice to Proceed and will be substantially
completed within 75 calendar days and ready for final payment in accordance with Paragraph 14.07. of the
General Conditions within 10 days after final punch list of project.
4.03. Liquidated Damages.
A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that
OWNER will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02
above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The
parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration
proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of
IDOT AIP #912001OW 100 C-1 Iowa City Municipal Airport
AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020 Page 97 of 237
requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as
a penalty), CONTRACTOR shall pay OWNER $100.00, for each calendar day that expires after the time
specified in Paragraph 4.02 for Substantial Completion until the Work is substantially complete.
B. In addition to liquidated damages set forth above, CONTRACTOR shall be liable for all additional
costs for ENGINEER's services beyond substantial and final completion dates. OWNER will deduct these
costs from any monies due or that may become due CONTRACTOR or Surety and pay ENGINEER for said
services.
4.04. Permitting CONTRACTOR or Surety to continue and finish the Work or any part of the Work after the
times specified for completion, or after the date to which the times for completion may have been extended,
shall in no way operate as a waiver on the part of OWNER of its rights under the Contract.
ARTICLE 5 - CONTRACT PRICE
5.01 OWNER shall pay CONTRACTOR for the completion of the Work in accordance with the Contract
Documents an amount in current funds equal to the sum of the established unit price for each separately
identified item of Unit Price Work times the estimated quantity of that item as indicated in the Unit Price
Schedule as completed in the CONTRACTOR's Bid Form, as attached hereto as an exhibit.
As provided in paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and
determinations of actual quantities and classifications are to be made by ENGINEER as provided in paragraph
9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03 of the
General Conditions.
ARTICLE 6 - PAYMENT PROCEDURES
6.01. Submittal and Processing of Payments
A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General
Conditions.
6.02 Progress Payments; Retainage
A. OWNER will make monthly progress payments on account of the Contract Price on the basis of
CONTRACTOR's Applications for Payment each month during performance of the Work as provided below.
All progress payments will be measured by the schedule of values established in paragraph 2.07.A of the
General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the
event there is no schedule of values, as provided in the General Requirements:
1. Prior to Substantial Completion, progress payments will be made in an amount equal to the
percentage indicated below but, in each case, less the aggregate of payments previously made and less
such amounts as ENGINEER may determine or OWNER may withhold, in accordance with paragraph
14.02 of the General Conditions:
a. 95% of the Work completed (with the balance being retainage) until substantially
completed.
2. At the time of substantial completion, Contractor may issue to OWNER a Request for Early
Release of Retained Funds after notifying all known subcontractors, subsubcontractors and suppliers. A
request for early release of retained funds will be made to OWNER. A copy of this notification for each
subcontractor, subsubcontractor or supplier should be furnished to ENGINEER and OWNER.
3. At the time of the request for release of retainage, the OWNER has the right to retain an
amount equal to the two hundred percent (200%) of the value of labor and material yet to be provided to
complete project until such labor and materials are provided. OWNER may also withhold from retention
IDOT AIP #912001OW 100 C-2 Iowa City Municipal Airport
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Meeting Date January 9, 2020 Page 98 of 237
twice the amount of any claims of subcontractors or suppliers which have been properly filed under
Chapter 573 of the Iowa Administrative code (IAC).
4. Upon substantial completion and after above notification, the OWNER shall pay retention
minus withhold amounts within 30 days and deliver to Contractor an itemization of the work remaining to
be completed or any other justification for the hold -back permitted by law.
5. All early release of retainage shall be in compliance with Chapter 38 of IAC.
6.03 Final Payment
A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the
General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER
as provided in said Paragraph 14.07.
ARTICLE 7 - INTEREST
7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at
the maximum rate allowed by law at the place of the Project.
ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related
data identified in the Bidding Documents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local,
and Site conditions that may affect cost, progress, and performance of the Work.
C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and
Regulations that may affect cost, progress, and performance of the Work.
D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all
such additional or supplementary examinations, investigations, explorations, tests, studies, and data
concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or
otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any
aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by
CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of
construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and
safety precautions and programs incident thereto.
E. CONTRACTOR does not consider that any further examinations,investigations, explorations, tests,
studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract
Times, and in accordance with the other terms and conditions of the Contract Documents.
F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the
Site that relates to the Work as indicated in the Contract Documents.
G. CONTRACTOR has correlated the information known to CONTRACTOR, information and
observations obtained from visits to the Site, reports, and drawings identified in the Contract Documents, and
all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents.
H. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or
discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution
thereof by ENGINEER is acceptable to CONTRACTOR.
IDOT AIP #912001OW 100 C-3 Iowa City Municipal Airport
AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020
Page 99 of 237
I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms
and conditions for performance and furnishing of the Work.
ARTICLE 9 - CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement.
2. Exhibits to this Agreement.
3. Performance, Payment and other Bonds.
4. General Conditions
5. Supplementary Conditions
6. Specifications as listed in the General Table of Contents of the Project Manual.
7. Drawings, consisting of a cover sheet and plan sheets, inclusive, as listed on Sheet A.01, with
each sheet bearing the following general title: Iowa City Municipal Airport, Reconstruct Terminal
Apron and Taxiway, IDOT AIP Project 912001OW100, Contract No. 21625, not attached hereto.
8. Addenda numbers
to
inclusive.
9. Unit Price Schedule as completed in CONTRACTOR's Bid, Exhibit "A".
10. Appendix Forms and Drawings.
11. The following which may be delivered or issued after the Effective Date of the Agreement and
are not attached hereto:
a. Written Amendments;
b. Work Change Directives;
C. Change Order(s).
B. The documents listed in paragraph 9.01.A are attached to this Agreement (except as expressly noted
otherwise above.)
C. There are no Contract Documents other than those listed above in this Article 9.
D. The Contract Documents may only be amended, modified or supplemented as provided in
Paragraph 3.04 of the General Conditions.
ARTICLE 10 - MISCELLANEOUS
10.01. Terms
A. Terms used in this Agreement will have the meanings indicated in the General Conditions.
10.02. Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on
another party hereto without the written consent of the party sought to be bound; and, specifically but without
limitation, moneys that may become due and moneys that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to
IDOT AIP #9120010W 100 C-4 Iowa City Municipal Airport
AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020
Page 100 of 237
the contrary in any written consent to an assignment, no assignment will release or discharge the assignor
from any duty or responsibility under the Contract Documents.
10.03. Successor and Assigns
A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal
representatives to the other party hereto, its partners, successors, assigns, and legal representatives in
respect to all covenants, agreements, and obligations contained in the Contract Documents.
10.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or
Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon
OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such
stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to
expressing the intention of the stricken provision.
IDOT AIP #912001OW 100 C-5 Iowa City Municipal Airport
AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020
Page 101 of 237
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One
counterpart each has been delivered to OWNER, CONTRACTOR, and ENGINEER. All portions of the
Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf.
This Agreement will be effective on 2020, (which is the effective Date of the Agreement).
CONTRACTOR:
Attest:
(CONTRACTOR)
(Signature)
Address for giving notices:
OWNER:
Attest:
(Signature)
Address for giving notices:
Iowa City Airport Commission
1801 South Riverside Drive
Iowa City, Iowa 52246
Approved as to form and execution this
(Signature)
(Typed Name and Title)
(If CONTRACTOR is a corporation, attach evidence
of authority to sign.)
IOWA CITY AIRPORT COMMISSION
(OWNER)
(Signature)
(Typed Name and Title)
(If OWNER is a corporation, attach evidence of
authority to sign. If OWNER is a public body, attach
evidence of authority to sign and resolution or other
documents authorizing execution of Agreement.)
day of , 20 .
(Attorney for OWNER)
IDOT AIP #912001OW 100 C-6 Iowa City Municipal Airport
AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020
PERFORMANCE BOND
Page 102 of 237
Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
OWNER (Name and Address):
Iowa City Airport Commission
1801 South Riverside Drive
SURETY (Name and Address of Principal Place of Business):
Iowa City, Iowa 52246
CONTRACT
Date:
Amount: $
Description (Name and Location): Reconstruct Terminal Apron and Taxiway
Iowa City Municipal Airport
IDOT AIP #912001OW 100
Iowa City, Iowa
BOND
Bond Number:
Date (Not earlier than Contract Date):
Amount: $
Modifications to this Bond Form:
Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each
cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative.
CONTRACTOR AS PRINCIPAL
Company:
Signature:
Name and Title:
(Seal)
(Space is provided below for signatures of additional
parties, if required.)
CONTRACTOR AS PRINCIPAL
Company:
Signature:
Name and Title:
(Seal)
SURETY
Surety's Name and Corporate Seal
By:
Signature and Title
(Attach Power of Attorney)
Attest:
Signature and Title
SURETY
Surety's Name and Corporate Seal
By:
Signature and Title
(Attach Power of Attorney)
Attest:
Signature and Title:
(Seal)
(Seal)
IDOT AIP #912001OW 100 PB-1 Iowa City Municipal Airport
AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway
Airport Commission Agenda & Info Packet
1. Contractor and Surety, jointly and severally, bind thernselve6A owe Jan 6ar9d%r2O2%er has terminated Contractor's rigHPAi sUf h Contract,
executors, administrators, successors, and assigns to Owner for the and if Surety elects to act under Paragraph 4.1, 4.2, or 4.3 above, then the
performance of the Contract, which is incorporated herein by reference. responsibilities of Surety to Owner shall not be greater than those of
Contractor under the Contract, and the responsibilities of Owner to Surety
2. If Contractor performs the Contract, Surety and Contractor have no shall not be greater than those of Owner under the Contract. To a limit of the
obligation under this Bond, except to participate in conferences as provided amount of this Bond, but subject to commitment by Owner ofthe Balance of
in Paragraph 3.1. the Contract Price to mitigation of costs and damages an the Contract,
Surety is obligated without duplication for:
3. If there is no Owner Default, Surety's obligation under this Bond shall
arise after:
3.1. Owner has notified Contractor and Surety, at the addresses
described in Paragraph 10 below, that Owner is considering
declaring a Contractor Default and has requested and attempted
to arrange a conference with Contractorand Suretyto be held not
later than 15 days after receipt of such notice to discuss methods
of performing the Contract. If Owner, Contractor and Surety
agree, Contractor shall be allowed a reasonable time to perform
the Contract, but such an agreementshall notwaive Owners right,
if any, subsequently to declare a Contractor Default; and
3.2. Owner has declared a Contractor Default and formally terminated
Contractors right to complete the Contract. Such Contractor
Default shall not be declared earlier than 20 days after Contractor
and Surety have received notice as provided in Paragraph 3.1;
and
3.3. Owner has agreed to pay the Balance of the Contract Price to:
1. Surety in accordance with the terms of the Contract;
2. Another contractor selected pursuant to Paragraph 4.3 to
perform the Contract.
4. When Owner has satisfied the conditions of Paragraph 3, Surety shall
promptly and at Surety's expense take one of the following actions:
4.1. Arrange for Contractor, with consent of Owner, to perform and
complete the Contract; or
4.2. Undertake to perform and complete the Contract itself, through its
agents or through independent contractors; or
4.3. Obtain bids or negotiated proposals from qualified contractors
acceptable to Owner for a contract for performance and
completion of the Contract, arrange for a contract to be prepared
for execution by Owner and Contractor selected with Owner's
concurrence, to be secured with performance and payment bonds
executed by a qualified surety equivalent to the bonds issued on
the Contract, and pay to Owner the amount of damages as
described in Paragraph 6 in excess of the Balance of the Contract
Price incurred by Owner resulting from Contractor Default; or
4.4. Waive its right to perform and complete, arrange for completion,
or obtain a new contractor and with reasonable promptness under
the circumstances:
1. After investigation, determine the amountforwhich itmaybe
liable to Owner and, as soon as practicable after the amount
is determined, tender payment therefor to Owner; or
2. Deny liability in whale or in part and notify Owner
citing reasons therefor.
5. If Surety does not proceed as provided in Paragraph 4 with reasonable
promptness, Surety shall be deemed to he in default on this Bond 15 days
after receipt of an additional written notice from Owner to Surety demanding
that Surety perform its obligations under this Bond, and Owner shall be
entitled to enforce any remedy available to Owner. If Surety proceeds as
provided in Paragraph 4.4, and Owner refuses the payment tendered or
Surety has denied liability, in whole or in part, without further notice Owner
shall he entitled to enforce any remedy available to Owner.
FOR INFORMATION ONLY— Name, Address and Telephone
Surety Agency or Broker:
Owner's Representative (engineer or other party):
6.1. The responsibilities of Contractor for correction of defective
Work and completion of the Contract;
6.2. Additional legal, design professional, and delay costs resulting
from Contractor's Default, and resulting from the actions or
failure to act of Surety under Paragraph 4; and
6.3. Liquidated damages, or if no liquidated damages are specified
in the Contract, actual damages caused by delayed
performance or non-performance of Contractor.
7. Surety shall not be liable to Owner or others for obligations of
Contractor that are unrelated to the Contract, and the Balance of the
Contract Price shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on this Band to any
person or entity other than Owner or its heirs, executors, administrators,
or successors.
S. Surety hereby waives notice of any change, including changes of
time, to Contract or to related subcontracts, purchase orders, and other
obligations.
9. Anyproceeding, legal orequitable, underthis Bond maybe instituted
in any court of competent jurisdiction in the location in which the Work or
part of the Work is located and shall be instituted within two years after
Contractor Default or within two years after Contractor ceased working or
within two years after Surety refuses or fails to perform its obligations
under this Bond, whichever occurs first. If the provisions of this
paragraph are void or prohibited by law, the minimum period of limitation
available to sureties as a defense in the jurisdiction of the suit shall be
applicable.
10. Notice to Surety, Owner, or Contractor shall be mailed or delivered
to the address shown on the signature page.
11. When this Bond has been furnished to comply with a statutory
requirement in the location where the Contractwas to be performed, any
provision in this Bond conflicting with said statutory requirement shall be
deemed deleted herefrom and provisions conforming to such statutory
requirement shall be deemed incorporated herein. The intent is thatthis
Bond shall be construed as a statutory bond and not as a common law
bond.
12. Definitions.
12.1 Balance of the Contract Price: The total amount payable by
Owner to Contractor under the Contract after all proper
adjustments have been made, including allowance to
Contractor of any amounts received or to be received by Owner
in settlement of insurance or other Claims for damages to which
Contractor is entitled, reduced by all valid and proper payments
made to or on behalf of Contractor under the Contract.
12.2. Contract: The agreement between Owner and Contractor
identified on the signature page, including all Contract Documents
and changes thereto.
12.3. Contractor Default: Failure of Contractor, which has neither been
remedied nor waived, to perform or otherwise to comply with the
terms of the Contract.
12.4. Owner Default: Failure of Owner, which has neither been
remedied nor waived, to pay Contractor as required by the
Contract or to perform and complete or comply with the other
terms thereof
IDOT AIP #912001OW 100 PB-2 Iowa City Municipal Airport
AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway
Airport Commission Agenda & Info Packet
MeefiW VIT Vary9.,2020
Page 104 of 237
Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
OWNER (Name and Address):
Iowa City Airport Commission
1801 South Riverside Drive
Iowa City, Iowa 52246
CONTRACT
Date:
Amount: $
Description (Name and Location):
BOND
Bond Number:
Date (Not earlier than Contract Date):
Amount: $
Modifications to this Bond Form:
SURETY (Name and Address of Principal Place of Business):
Reconstruct Terminal Apron and Taxiway
Iowa City Municipal Airport
IDOT AIP #912001OW 100
Iowa City, Iowa
Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each
cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative.
CONTRACTOR AS PRINCIPAL
SURETY
Company:
Signature: (Seal)
(Seal)
Name and Title:
Surety's Name and Corporate Seal
By:
Signature and Title
(Attach Power of Attorney)
(Space is provided below for signatures of additional
parties, if required.)
Attest:
Signature and Title
CONTRACTOR AS PRINCIPAL
SURETY
Company:
Signature: (Seal)
(Seal)
Name and Title:
Surety's Name and Corporate Seal
By:
Signature and Title
(Attach Power of Attorney)
Attest:
Signature and Title:
Originally prepared through the joint efforts of the Surety Association of
America, Engineers Joint Contract Documents Committee, the Associated
General Contractors of America, the American Institute of Architects,
the American Subcontractors Association, and the Associated Specialty
Contractors.
IDOT AIP #912001OW 100 PB-3
Iowa City Municipal Airport
AECOM Project 60592700
Reconstruct Terminal Apron & Taxiway
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020
Page 105 of 237
1. Contractor and Surety, jointly and severally, bind themselves, their
heirs, executors, administrators, successors, and assignsto Ownerto pay
far labor, materials, and equipment furnished by Claimants for use in the
performance of the Contract, which is incorporated herein by reference.
2. With respect to Owner, this obligation shall be null and void if
Contractor:
2.1. Promptly makes payment, directly or indirectly, for all sums due
Claimants, and
2.2. Defends, indemnifes, and holds harmless Owner from all
claims, demands, liens, or suits alleging non-payment by
Contractor by any person or entity who furnished labor,
materials, or equipment for use in the performance of the
Contract, provided Owner has promptly notified Contractorand
Surety (at the addresses described in Paragraph 12) of any
claims, demands, liens, or suits and tendered defense of such
claims, demands, liens, or suits to Contractor and Surety, and
provided there is no Owner Default.
3. With respect to Claimants, this obligation shall be null and void if
Contractor promptly makes payment, directly or indirectly, for all sums
due.
4. Surety shall have no obligation to Claimants under this Bond until
4.1. Claimants who are employed by or have a direct contract with
Contractor have given notice to Surety (at the addresses
described in Paragraph 12) and sent a copy, or notice thereof, to
Owner, stating that a claim is being made underthis Band and,
with substantial accuracy, the amount of the claim.
4.2. Claimants who do not have a direct contract with Contractor:
1. Have furnished written notice to Contractorand sent
a copy, or notice thereof, to Owner, within 90 days after
having last performed labor or last furnished materials or
equipment included in the claim stating, with substantial
accuracy, the amount of the claim and the name of the party
to whom the materials or equipment were furnished or
supplied, or forwhom the laborwas done or performed; and
2. Have either received a rejection in whole or in part
from Contractor, or not received within 30 days of furnishing
the above notice any communication from Contractor by
which Contractor had indicated the claim will be paid directly
or indirectly; and
3. Not having been paid within the above 30 days,
have sent a written notice to Suretyand sent a copy, or notice
thereof, to Owner, stating that a claim is being made under
this Bond and enclosing a copy of the previous written notice
furnished to Contractor.
5. If a notice by a Claimant required by Paragraph 4 is provided by
Owner to Contractor or to Surety, that is sufficient compliance.
6. When a Claimant has satisfied the conditions of Paragraph 4, the
Suretyshall promptly and at Suretys expense take the following actions:
6.1. Send an answerto that Claimant, with a copyto Owner, within
45 days after receipt of the claim, stating the amounts that are
undisputed and the basis for challenging any amounts that are
disputed.
6.2. Pay or arrange for payment of any undisputed amounts
7. Surety's total obligation shall not exceed the amount of this Bond, and
the amount of this Band shall be credited for any payments made in good
faith by Surety.
8. Amounts owed by Owner to Contractor under the Contract shall be
used for the performance of the Contract and to satisfy claims, if any,
under any performance bond. By Contractor furnishing and Owner
accepting this Bond, they agree that all funds earned by Contractor in the
performance of the Contract are dedicated to satisfy obligations of
Contractor and Surety under this Bond, subject to Owner's priority to use
FOR INFORMATION ONLY —Name, Address and Telephone
Surety Agency m' Broke,-:
Owner's Representative (engineer or other party):
the funds for the completion of the Work.
9. Surety shall not be liable to Owner,Claimants, or others for obligations
of Contractor that are unrelated to the Contract. Owner shall not be liable
for payment of any costs or expenses of any Claimant under this Bond,
and shall have under this Bond no obligations to make payments to, give
notices on behalf of, or otherwise have obligations to Claimants under
this Bond.
10. Surety hereby waives notice of any change, including changes of
time, to the Contract or to related Subcontracts, purchase orders and
other obligations.
11. No suitor action shall be commenced by Claimant under this Bond
other than in a court of competent jurisdiction in the location in which the
Work or part of the Work is located or after the expiration of one year
from the date (1) on which the Claimant gave the notice required by
Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or
service was performed by anyone orthe last materials orequipmentwere
furnished by anyone under the Construction Contract, whichever of (1) or
(2) first occurs. If the provisions of this paragraph are void or prohibited
bylaw, the minimum period of limitation available to sureties as a defense
in the jurisdiction of the suit shall be applicable.
12. Notice to Surety, Owner, or Contractor shall be mailed ordelivered to
the addresses shown on the signature page. Actual receipt of notice by
Surety, Owner, or Contractor, however accomplished, shall be sufficient
compliance as of the date received attire address shown on the signature
page.
13. When this Bond has been furnished to comply with a statutory
requirement in the location where the Contractwas to be performed, any
provision in this Bond conflicting with said statutory requirement shall be
deemed deleted therefrom and provisions conforming to such statutory
requirement shall be deemed incorporated herein. The intent is that this
Bond shall be construed as a statutory Bond and not as a common law
bond.
14. Upon request of any person or entity appearing to be a potential
beneficiary of this Band, Contractor shall promptlyfurnish a copy of this
Bond or shall permit a copy to be made.
15. DEFINITIONS
15.1. Claimant: An individual or entity having a direct contract with
Contractor, or with a first -tier subcontractor of Contractor, to
furnish labor, materials, or equipment for use in the performance
of the Contract. The intent of this Band shall be to include
without limitation in the terms "labor, materials or equipment"
that part of water, gas, power, light, heat, oil, gasoline, telephone
service, or rental equipment used in the Contract, architectural
and engineering services required for performance of the Work
of Contractor and Contractor's Subcontractors, and all other
items far which a mechanic's lien may be asserted in the
jurisdiction where the labor, materials, or equipment were
furnished.
15.2. Contract: The agreement between Owner and Contractor
identified on the signature page, including all Contract
Documents and changes thereto.
15.3. Owner Default: Failure of Owner, which has neither been
remedied nor waived, to pay Contractor as required by the
Contract or to perform and complete or comply with the other
terms thereof.
IDOT AIP #911601AC100 Pl Iowa City Municipal Airport
AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020 Page 106 of 237
GENERAL CONDITIONS
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020 Page 107 of 237
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020 Page 108 of 237
This docwnent has important legal consequences; consultation with au attorney is encouraged with respect to its use or modification. This
document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations.
STANDARD GENERAL CONDITIONS
OF THE CONSTRUCTION CONTRACT
Prepared by
ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE
and
Issued and Published Jointly by
ACEC
AmuCOUN Lov ExGINF-1 r.C-PAN-
wISCEAmerican ee
of Civil Engineers
® f
t
National Society of
Professional Engineers
Prolessional Engineers in Private Practice
AMERICAN COUNCIL OF ENGINEERING COMPANIES
ASSOCIATED GENERAL CONTRACTORS OF AMERICA
AMERICAN SOCIETY OF CIVIL ENGINEERS
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
A Practice Divm"n nfthe
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
Endorsed by
1V
CONSTRUCTION SPECIFICATIONS INSTITUTE
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020 Page 109 of 237
These Gcncral Conditions have been prepared for use with dre Suggested Forms of Agreement Bcmccn Owncr and Contractor (EJCDC C-520
or C-525, 2007 Editions). Their prnNisions are interrelated and a change in one may necessitate a change in the other. Comments concerning
their usage me contained in the Narrative Guide to the EJCDC Construction Docmneuts (EJCDC C-001, 2007 Edition). For guidance in die
preparation of Supplementary Conditions, sec Gttidc to the Preparation of Supplementary Conditions (EJCDC G800, 2007 Edition).
Copynght,:O 2007 National Society of Professional Eno ncc-rs
1420 King Strect, Alexandria, VA22314-2794
(703)684-2882
www.nspc.m
American Council of Engineering Companies
101515th Street N.W., Washington, DC 20005
(202)347-7474
w ,.acec.m
American Socicry of Civil Engineers
1801 Alexander Bell Drive, Reston, VA 20191-4400
(800) 548-2723
www.asce.ore
Associated Gmural Contractors of America
2300 Wilson Boulevard, Suitc 400, Arlington, VA22201-3308
(703) 548-3118
www.auc.orry
The copyright far dtis EJCDC document is owuedjouiily by die four
EJCDC sponsoring organizations and held in dust for their benefit by NSPE.
EJCDC C-700 Standard General Conditions of the Construction Contract
Convright D 2007 National Society of Professional Fngineers for EJCDC. All rights reserved.
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020
Page 110 of 237
STANDARD GENERAL CONDITIONS OF THE
CONSTRUCTION CONTRACT
TABLE OF CONTENTS
Article 1 -Definitions and Tcnn
1.01 Defined Tetras
1.02 Terminology...
Page
An bete 2-Prelimina'V Matters.
4
2.01
Delivery of Bonds mid Evidence of Insurance ---------------------------------------------------------------------------------------------------------------------------------
4
2.02
Copies of Documents.......................................................................................................................................................................5
2.03
Commencement of Contract Times; Notice to Proceed
5
2.04
Stating the Work-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------
5
2.05
Before Starting ConsMtction............................................................................................................................................................5
2.06
Preconstruction Conference; Designation of Authorized Representatives
5
2.07
Initial Acceptance of Schedules.......................................................................................................................................................5
Article 3 -Contract
Docuuents: Intent, Amending, Reuse
6
3.01
Intent-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
6
3.02
Rcfcicricc Standards -------------------------------------------------------------------------------------------------------------------------------------------------------------------------
6
3.03
Reporting and Resolving Discrepancies..........................................................................................................................................
6
3.04
Amending and Supplementing Contract Documents
7
3.05
Rcttsc of Docttmcnts.........................................................................................................................................................................7
3.06
Electronic Data.................................................................................................................................................................................7
Article 4-Availability of Lands; Sttbsttrface and Physical Conditions; Hazardous Enviionmcn tat Conditions; Reference Points
7
4.01
Availability of Lands
7
4.02
Subsurface and Physical Conditions................................................................................................................................................8
4.03
Differing Subsurface or Physical Conditions -----------------------------------------------------------------------------------------------------------------------------------
8
4.04
Underground Facilities ---------------------------------------------------------------------------------------------------------------------------------------------------------------------
9
4.05
Reference Points.............................................................................................................................................................................
10
4.06
Hazardous Em�iroomc-ntal Condition at Site..................................................................................................................................
10
Article 5 -Bonds and Insurance
11
5.01
Pcitormance, Payment, and Othci Bonds
11
5.02
Licensed Sureties mid InStliels -------------------------------------------------------------------------------------------------------------------------------------------------------
11
5.03
Certificates of Insurance.................................................................................................................................................................
11
5.04
Contractor's insurancc-------------------------------------------------------------------------------------------------------------------------------------------------------------------
12
5.05
Owner's Liability lnsurmice-----------------------------------------------------------------------------------------------------------------------------------------------------------
13
5.06
Property Insurance..........................................................................................................................................................................
13
5.07
Waivci of Rights
14
5.08
Receipt mid Application of InSaffa iCe Proceeds............................................................................................................................
14
5.09
Acceptance of Bonds and Insurance; Option to Rcplacc
14
5.10
Partial Utilization, Acknowledgment of Property instirer.............................................................................................................
15
Article6 -Contractor's
Responsibilities...................................................................................................................................................................
15
6.01
Supervision and Supciinteridcocc..................................................................................................................................................
15
6.02
Labor; Working Hours
15
6.03
Service;, Materials, and Equipment
15
6.04
Pr-ogrcss Schcdulc
15
6.05
Substitutes and "Or -Equals"
16
6.06
Concerning Subcontiuctxrr;, Supplier;, and Other;
17
6.07
Patent Fees and Royalties...............................................................................................................................................................
18
6.08
Permits............................................................................................................................................................................................
18
6.09
Laws and Regulations
19
6.10
Taxes-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
19
6.11
Use of Site mid Other Areas-----------------------------------------------------------------------------------------------------------------------------------------------------------
19
EJCDC C-700 Standard General Conditions of the Construction Contract
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6.12
Record Docrnnents-------------------------------------------------------------------------------------------------------------------------------------------------------------------------
19
6.13
Safety and Protection......................................................................................................................................................................20
6.14
Safety Repieserrative....................................................................................................................................................................20
6.15
Hazard Connuurnication Prograins................................................................................................................................................20
6.16
Emcigcncics
20
6.17
Shop Drawings and Samples
21
6.18
Continuing the Work.....................................................................................................................................................................22
6.19
Contractor's General Warranty andGttaiantcc.............................................................................................................................22
6.20
Indemnification ...............................................................................................................................................................................
22
6.21
Delegation of Professional Design Services.................................................................................................................................23
Article 7 -Other Work at the Site
7.01 Related Work at
7.02 Coordination.....
7.03 Legal Relationships
Article 8 -Owner's Responsibilities.
8.01
Conununications to Contractor --------------------------------------------------------------
802
Replacernert of Engineer.......................................................................
8.03
Furnish Data...........................................................................................
8.04
Pay When Due
8.05
Lands and Easements; Reports and Tests
8.06
Insurance -------------------------------------------------------------------------------------------------
807
Change Orders........................................................................................
8.08
Inspections, Tests, and 1ppiovals..........................................................
8.09
Limitations on Ownc-r's Rcsponsibili tics -----------------------------------------------
810
Undisclosed Hazardous Environmental Condition
8.11
Evidence of Financial \nangenictits -----------------------------------------------------
812
Compliance with Safety Program...........................................................
Article 9 -Engineer's
Status During Construction ...........................................................
9.01
Ownu's Rcfacscinativc
9.02
Visits to Site --------------------------------------------------------------------------------------------
9.03
Project Representative ----------------------------------------------------------------------------
904
Atuhori7cd Variations in Work --------------------------------------------------------------
905
Rejecting Delective Work ----------------------------------------------------------------------
9.06
Shop Drawings, Change Orders and Payments
9.07
Determinations for Unit Price Woik ------------------------------------------------------
9.08
Decisions oil Requirements of Contract Docutncuts aid Acceptability
9.09
Limitations on Engineer's Authority and Responsibilities
9.10
Compliance with Safety Program...........................................................
Article 10-Changes
in the Work; Claims
10.01
Authorized Changes in the Work...........................................................
10.02
Unauthorized Changes its the Work
10.03
Execution of Change Orders
10.04
Notification to Surety-----------------------------------------------------------------------------
10.05
Claims -----------------------------------------------------------------------------------------------------
Article 11 -Cost of the Work; Allowances; Unit Price Work 28
11.01 Cost of tine Work 28
11.02 Allowances------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 30
11.03 Unit Price Work ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ 31
Article 12 -Change of Contract Prcc; Change of Contract Times 31
12.01 Change ofConh-act Price --------------------------------------------------------------------------------------------------------------------------------------------------------------- 31
12.02 Change ofCouttact Tirrnes-------------------------------------------------------------------------------------------------------------------------------------------------------------- 32
12.03 Delays--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 32
Article 13 -Tests mud I ispecfious; Correction, Removal or Acceptance of Defective Work 32
13.01 Noticc of Dcfects............................................................................................................................................................................ 32
EJCDC C-700 Standard General Conditions of the Consn'uctlon Contract
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13.02
Access to Work -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
33
13.03
Tests and Inspections----------------------------------------------------------------------------------------------------------------------------------------------------------------------
33
13.04
Uncovering Work---------------------------------------------------------------------------------------------------------------------------------------------------------------------------
33
13.05
Owner May Stop the Work
34
13.06
Correction or Rcrnoval of Dclectivc Work
34
13.07
Correction Period---------------------------------------------------------------------------------------------------------------------------------------------------------------------------
34
13.08
Acceptance of Detective Work.......................................................................................................................................................34
13.09
Owner May Con cut Defective Work.............................................................................................................................................35
Articte 14 — Payments to Contractor and
14.01 Schedule ofValucs......
.
14.02 Progress Payments........
14.03 Contractor's Warranty i
14.04 Substantial Cornplction
14.05 Partial Utilization..........
14.06 Finat Inspection -----------.
14.07 Final Payrncnt-------------
14.08 Final Completion Deta}
14.09 Waiver of Clairtrs.........
Atticte 15 —Suspension of Work and Tenitination-------------
15.01 Owner May Suspend Work ......................
15.02 Ownc-r May Tcerminate for Cause, -------------
15.03 Ovtmer May Terminate For Convenience.
15.04 Contractor May Stop Work or Terminate
Atticte 16 —Dispute Resolution .................
16.01 Methods and Procedures
Atticte 17—Miscellaneous.......
17.01
Givi ng Notice
17.02
Computation r
17.03
Cutmulative R
17.04
Survival of Ot
17.05
Conu'olling U
17.06
Heachues-------
35
35
35
37
37
38
38
38
39
39
39
39
EJCDC C-700 Standard General Conditions of the Construction Contract
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ARTICLE 1—DEFINITIONS AND TERMINOLOGY
1.01 Defined Tunis
A. Wherever used in the Bidding Rcquinmrcnts or Contract Documents and printed with initial capital letters, the Rims listed below
will have the meanings indicated which are applicable to both the singular and plural thereof: In addition to terms specifically
defined, terms with initial capital letters in the Contract Docurneuts include references to identified articles mid paragraphs, mud the
titles of other documents or torahs.
1. Addenda Written or graphic tnstrnmWits issued prior to the opening of Bids which clarify, correct, or change the Bidding
Requirements or the proposed Contract Docmnents.
2. A,greement—The written instrument which is evidence of the agreement between Owner mid Contractor covering the Work.
3. Application 'fw Payment —The form acceptable to Engineer which is to be used by Contractor during the course of the Work
in requesting progress or final paynieuts mid which is to be accompanied by such supporting docunientatiou as is required by
the Contract Documents.
4. Asbestov Any material that contains more than one percent asbestos and is friable at is releasing asbestos fibers into tie air
above current action levels cstablishcdby the United States Occupational Satcty and Health Administration.
5. Bid —The offer or proposal of a Bidder submitted on the prescribed farm setting forth the prices far the Work to be
performed.
6. Bidder=The individual or entity who submits a Bid directly to Owner.
7. Ridding Documents —The Bidding Requirements and the proposed Contract Documents (including all Addenda).
8. Bidding Beyuhemeni The advcitiscmcrit or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if
any, and the Bid Form with any supplements.
9. Charge Order A document recom nc-ndcd by Engineer which is signed by Contractor and Owner and anthmizcs an
addition, deletion, or revision in the Work or an adjustment in the Contract Price or die Contract Times, issued on or after die
Effective Date, of the Agreement.
10. Claim. —A demand or assertion by Owner or Contractor seeking an adjustmeul of Contract Price or Contract Times, or both,
or other relief with respect to the terms of tie Conamet. A demand for money or services by a third parry is not a Claim.
11. Contract —The entire mid integrated written agreement between die Owner mid Contractor concerning are Work. The
Contact supersedes prior negotiations, rcprescntations, of agl CCrnCntS, whether wt itten or (,lot.
12. Coniracl Documeni Thosc items so designated in dre Agncement. Only printed or hard topics of the items listed in the
Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, mid are reports mud drawings of
., . urfiacc and physical conditions are not Contract Documents.
13. Contract Price —The moneys payable by Owner to Contractor for completion of die Work in accordance wiai are Contract
Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Pace Work).
14. Contract Times —Tire number of days or are dates Stated in due Agreemem. to: (i) achieve Milestones, if any; (ii) achieve
Substantial Completion; and (in) complete the Work so that it is ready for final payment as evidenced by Engineer's written
recommendation of final payment.
15. Contractor=The individual or entity with whom Owner has entered into the Agreement
16. Cost o,J"toe W'orV-See Paragraph 11.01 for definition.
EJCDC C-700 Standard General Conditions of die Construction Contract
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IT Drawua,grTliat pair of die Contract Documents prepared or approved by Engineer which graphically shows the scope,
extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals arc not
Ihawings as so defined.
18. Ejective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is
indicated, it means the elate on which the Agreement is signed and delivered by the last of the two parties to sign and deliver.
19. Engineer=The individual or entity named as such in the Ao ccrncnt.
20. Field Ordet A written order issued by Engineer which requires ninon changes in the Work but which does not involve a
change in the Contract Price or the Contract Times.
21. General RegrirenientrSections of Division 1 of the Specifications.
22. Hazardous Envirmrmental Canditimi—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or
Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed
tlruoto.
23. Ha=ardour WastrThe term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal
Act (42 USC Section 6903) as amended fi-om time to time.
24. Laws and Regulations; Laws or Regukttinas�Any and all applicable laws, rules, regulations, ordinances, codes, and orders
ofany and all govcrnmcmtal bodies, agencies, authorities, and counts having jurisdiction.
25. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or personal property.
26. Milestone —A principal event specified in the Contract Documents relating to an intermediate completion date or time prior
to Substantial Completion of all the Work.
27. Notice of Award —The written notice by Owner to die Successful Bidder stating that upon timely compliance by die
Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement.
28. Notice to Proceed —A written notice given by Owner to Contractor fixing the date on which die Contract Times will
commencer) tun and on which Ctmtracmr shall startto pafoinn the Work under the Contract Documents.
29. Owner --The individual or entity wide whom Contractor has entered into die Agreement mid for whom the Work is to be
performed.
30. PCB.rPolychlorinated biplrenyls.
31. Pe6 oleunrPch-ol curet, including crude oil or any fiaction thereof which is liquid at standard conditions of temperature and
pressure (60 degrees Fahrenheit mid 14.7 pounds per square inch absolute), such as ail, petroleum, fuel ail, ail sludge, oil
refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils.
32. Progress Schedui/ A schedule, prepared mid maintained by Contractor, describing are sequence mid duration of fire
activities comprising the Contractor's plan to accomplish the Work within the Contract Times.
33. Project —The toad construction of which are Work to be performed under the Contact Documents may be the whole, or a
part.
34. Project Maaval—The bound documentary information prepared for bidding mid constricting die Work. A listing of die
contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of rontents.
35. Radioactive Materi i"mace, special nuclear, or byproduct material as defined by the Atonuc Energy Act of 1954142 USC
Section 2011 et scq.) as amended from time to time.
36. Resident Project Repre,sentativc The authorized representative of Engineer who ruay be assigned to the Site or any part
fl croof.
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37. Saoipler Physical exarnples of materials, equipment, or workmanship drat are representative of some portion of the Work
and which establish the standards by which such portion of the Work will bcjudgcd.
38. Schedule of Subniataly—A schedule, prepared aid maintained by Contractor, of requited submittals mud the time
requirements to support scheduled pertonnanec ofrelatcd construction activities.
39. Schedule of Ealuey—A schedule, prepared mid maintained by Contractor, allocating portions of the Contract Price to various
portions of the Work and used as the basis for reviewing Connector's Applications for Paymcnt.
40. Shop Drawin,,�Atl drawings, diagrarns, illustrations, schedules, mid otter data or iifomnation which arc specifically
prepared to asscrnblcd by or for Contractor and submitted by Contractor to illustrate some portion of the Work.
41. Site —Lauds or areas indicated in the Contract Documents. as being furnished by Owner upon which the Work is to be
performed, including rights -of -way and casements tot access thuato, and such other lands furnished by Owner which arc
designated for the use of Contractor.
42. Speciftcatiow That part of the Conti act Documents consisting of written requirements for materials, equipment, systems,
standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters
applicable thereto.
43. Subcootractor An individual or entity having a direct contract with Contractor or widh any other Subcontractor for the
performance of a part of the Work at the Site.
44. Substantial Completion The tune at which the Work (or a specified part thereof) has progressed to the point where, in the
opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract
Documents, so that the Work kor a specified part thcicof) can be utilized for the purposes on which it is intended. The terms
"substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion
thereof.
45. Successful Bidder The Bidder submitting a responsive Bid to whom Owner snakes an award.
46. Supplementary Conditions That part of the Contract Documents which amends of supplements these Gcriewl Conditions.
47. Supplier A manufacturct, fabricator, supplict, distributor, matcrialman, or vendor having a direct contrnet with Contractor
mwith arty Sttbconu'ac[or [o furnish maR�ials or cgttipmcn[ to be incmporawd in the Work by Con hactmor Sttbcon hactm.
48. Undereround FaCiiitie�All underground Pinch ties, conduits, ducts, cables, wiros, manholes, vaults, tanks, tunnels, or other
such facilities of attachments, and any encasements containing such facilities, including those that convey clechicity, gases,
stearn, liquid petrolewn products, telephone or cater conunwucations, cable Lelevision, water, wastewater, storm water, other
liquids or chemicals, or traffic or other control systems.
49. Unit Rice if'ork—Work to be paid for wr die basis of unit prices.
50. Wo, k Tbc entire construction or the various separately identifiable parts thereof required to be provided under the Con hact
Doewnents. Work includes and is Llte result of performing of providing all labor, services, mid docw italin ion necessary to
produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction,
all as required by the Contact Documents.
51. Mork Chmrge Doective—A written statement to Ccmuactor issued on or aftcrthc Effective Date ofthc Agreement and signed
by Owner and recommended by Engineer ordering an addition, deletion, to revision in the Work, to responding to diffaul-
or wtforeseen subsurface of physical conditions- under which the Work is to be performed or to emergencies-. A Work Change
Ducctive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change
ordered to documented by a Work Change Directive will be incorporated in a subsequently issued Changc Onha following
negotiations by the parties as to its effect, if any, oar the Contract Price or Contract Times.
1.02 Ternrznology
A. The words and terms discussed in Paragraph 1.()2.B through F arc not defined but, when used in the Bidding Requirenhcnts or
Contract Docurne ts, have the indicatedmeaning.
EJCDC C-700 Standard General Conditions of die Construction Contract
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B. Intent of Certain Terms nr- Adjectives:
The Contract Documents include the tetras "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or
import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable,"
"acceptable," `proper," "satisfactory," or adjectives of like effect or import are used to describe an action or dctennination of
Engineer as to dte Work. It is intended that such exercise of professional judgment, action, or d&erndnation will be solely to
evaluate, in general, tire Work for compliance with the information in the Contract Documents and with the design concept of
the Project as a functioning whole as shown or indicated in the Contract Documents (runless then: is a specific statement
indicating otherwsse). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer
any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility
contrary to the provisions of Paragraph 9.09 or any other provision of file Conti act Documents.
C. Day:
1. The word "day" means a calendar day of 24 hours measured rinm midnight to the next midnight.
D. Defective:
1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, to deficient in that it:
a. does not conform to the Contract Documents; or
b. does not meet the ictilr croc-nts of any applicable, inspection, reference standard, test, or approval referred to in the
Contract Documents; or
C. has bcc-n damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof
has been assunned by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05).
E. Fw nish, Inslnll, Perform, Provide:
1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said
services, materials, or cgtuipmcnt to the Site (or some other specified location) ready for use or installation and in usable or
operable condition.
2. The word `install," when tuscd in connection with services, materials, or equipment, shall mean to put into use or place in
final position said services, materials, or equipment complete and ready for intended use.
3. The words `perforrn" or `provide," when used in connection with services, materials, or equipment, shall mean to furnish and
install said services, materials, or equipment complete aid ready for intended use.
4. When "furnish," "install," `perform," or `provide" is not used in connection with services, materials, or equipment in a
context cteaty requiring an obligation of Contractor, `provide" is implied.
F. Unlcss stated othutivisc in the Contract Documents, words or phrases that have a well-known technical or construction industry or
trade meaning are used in the Contract DOCmlrent5 in accordance with such recognized meaihig.
ARTICLE 2 —PRELIMINARY MATTERS
2.01 Delivery nfBondw and Evidence ofIncarmrce
A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such
bonds as Ctmtractor may be required to famish.
B. Evidence of fnsurance: Before any Work at the Site is stated, Contractor and Owner shall each deliver to the other, with copies to
each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance
which cithcn of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to
purchase and maintain in accordance with Adticle 5.
F,JCDC C-700 Standard General Conditions of the Construction Contract
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2.02 Copies of DfwYmeotP
A. 0hvnei shall furnish to Contractor up to ten printed of hard copies of the Drawings and Project Manual. Additional copies will be
furnished upon request at die cost of reproduction.
2.03 Commencement of Conbnct Times, Notice to Proceed
A. The Contract Timcs will commence to tun on the thirtieth day after the Effective Date of the Agrccmhcnt or, if a Notice to Proceed
is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the
Effective Date of the Agreement. In no event will the Contract Times conmience to run later tlhmn the sixtieth day after the day of
Bid opening in the thirtieth day after the Effective Date of the Ao cement, whichcvcr date is earlier.
2.04 Startiq; the Nark
A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the
Site prior to the date on which the Contract Time., conmience to rum.
2.05 Before Starting Coosb'uction
A. Pteliminay Schedules: Within 10 days affur the Effective Date of the Agreement (unless otherwise specified in the (icmcn it
Requirements), Contactor shall submit to Engineer for finely review:
1. a preliminary Proms css Schedule indicating the times (numbers of days or dates) for starting and completing the various
stages of the Work, including any Milestones specified in the Contact Documents;
2. a preliminary Schedule of Submittals; and
3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added
togcthcr equal the Contract Price and subdivides the Work into component parts in sufficient detail to sere as the basis for
progress pavtvents during peitonnance of the Work. Such prices will include an appropriate amhount of overhead and profit
applicable to each item of Work.
2.06 Precoostruction Conference; Des imation ofAuthorized Represeotatives
A. Before any Work at the Site is started, a conferc-ncc attended by Owncn; Conn'acon, Engineer, and others as appropriate will be
held to establish a working understanding among die parties as to the Work mid to discuss dre schedules referred to in Paragraph
2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining
required records.
B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized
rcpresc-ntativc with respect to the services and responsibilities under the Contact. Such individuals shall have the authority to
transmit instructions, receive information, raider decisions relative to pie Contact, mid otherwise act on behalf of each respective
party.
2.07 Initial Acceptance of Schedules
A. At ]cast 10 days heroic submission of the first Application for Payment a conference attended by Conn'acon, Engineer, and others
as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with
Paragraph 2.05.A. Contactor shall have an additional 10 days to make corrections and adjustments and to completc and resubmit
the schedules. No progcss payment shall be made to Conhactm until acceptable schedules arc stbmitcd to Engineer.
1. The Pargress Schedule will be acceptable to Engineer if it provides an orderly pargression of the Work to completion within
the Contact Times. Such acceptance will not impose on Engineer responsibility on the Progress Schedule, fur sequencing,
sclheduling, or progress of the Work, nor interfere with or relieve Contractor hnm Contractor's full responsibility therefore.
2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable amangcmcm fur reviewing and
processing the required subnttals.
3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substanec if it provides areasonable allocation
of the Contract Price to component ports of the Work.
EJCDC C-700 Standard General Conditions of die Construction Contract
Copyright ® 2007 National Society of Professional Engineers far EJCDC. all rights reserved.
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ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AQIENIIING, REUSE
3.01 Intent
A. The Contract Docttmcnts are complementary; what is required by one is as binding as if required by all.
B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in
accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be
inferred from the Contract Documents or front prevailing custom or trade usage as being required to produce the indicated result
will be provided whether or not specifically called for, at no additional cost to Owner.
C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9.
3.02 Reference Standards
A. Standards, Specifications, Codes, Laws, and Regulations
L Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or
Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or
Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no
Bids), except as may be otherwise specifically stated in the Contract Documents.
2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to
change die duties or responsibilities of Owner, Contractor, or Engineer, or env of their subcontractors, consultants, agents, or
employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to
Ownci, Engineer, orany of their officcts, directors, members, partners, employees, agents, consultants, or subcont actors, any
duty or authority to supervise or direct the performance of die Work or any duty or authority to undertake responsibility
inconsistent with the provisions of the Contract Documents.
3.03 Reporting, and Resolving Discrepancies
A. Repo, ang Discrepancies:
L Contractodc Review of Contras:! Documents Be/ate Starting Nark: Before undertaking each part Of the Work, Contractor
shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable
field measurements. Contractor shall promptly report in writing to Engineer anv conflict, error, ambiguity, of discrepancy
which Contractor discovers, or has actual knowledge Of, and shall Obtain a written interpretation Or clarification from
Engineer before proceeding with any Work affected thereby.
2. Contractodc Review of Conh'tu! Doctmrents During Petformance of Mark: Tf, during the performance Of the Work,
Contractor discovers any contlict, cnot, ambiguity, In discrepancy within the Contract Documents, or between the Contract
Documents and (a) any applicable Law or Regulation, fb) airy sttmdaid, specification, manual, or code, or (c) any instruction
Of any Supplier, then Contractor shall promptly report it to Engineer in wining. Contractor shall not proceed with the Work
affected thereby (except in an emergency as required by Paragaph 6.16.A) until an amendment or supphancnt to the Contract
Documents has been issued by one of the methods indicated in Paragraph 3.04.
3. Contractor shall not be liable to Owner or Ens neon for failure to report any conflict, crrm, ambiguity, or discrepancy in the
Contract Documents unless Contractor had actual knowledge thereof.
R. Resolving Disc, epancies.
L Except as may be otherwise specifically stated in the Contact Documents, the provisions of the Contract Documents shall
take pnaccdcnce in resolving any conflict, crrm, ambiguity, or disercpmcy between the provisions of the Contact Documents
arid:
a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not
specifically incorporated by reference in the Contract Documents); or
b. the provisions of any Laws In Regulations applicable to the performance of the Work (unless such an interpretation of
the provisions of the Contract Documents would result in violation of such Law or Regulation).
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3.04 Amendlragand Supplementing ContractDncurneats
A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms
mid conditions thereof by either a Change Order or a Work Change Directive.
B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be
authorized, by one or more of the following ways:
1. A Field Order;
2. Engineer's approval of Shop Drawing or Sample (subject to the provisions ofPat ag aph 6.17.13.3); or
3. Engineer's written interpretation or clarification.
3.05 Reuse of Documents
A. Contractor and any Stibcontiactor or Stipplic-r shall not
L have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any
theraot) prepared by orbcaring the seal of Engineer or its consultants, including electronic media editions; or
2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of tine Project or any other project
without written consent ofOwncn and Engineer and specific writcn vcifcation or adaptation by Engineer.
B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude
Contractor fi-om retaining topics of the Contract Docttmc-nts for record purposes.
3.06 Electronic Data
A. Unless otherwise stated in die Supplementary Conditions, the data furnished by Owner or Engineer- to Contactor, or by Contractor
to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic
media tormat of text, data, graphics, or other types arc fltmishcd only for the convenience of the rocc-iving party. Any conclusion
or information obtained or derived from such electronic files will be at die user's sale risk. If there is a discrepancy between the
clectome files and the hard copies, the hard copies govem.
B. Because data stored in electronic media fonnat can deteriorate or be modified inadvertently or otherwise without authorization of
the dada's ca tit r, the party receiving electronic files agrees that it will perform acceptance testa Or procedures within 60 days, after
which tire receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day
acceptance period will be corrected by the transferring party.
C. When transtcxning documents in ciccoonic media format, the transferring party makes no representations as to long-term
compatibility, usability, of readability of docuuents tesuhiug hour the use of software application packages, operating systems, of
computer hardware differing from those used by the dada's creator.
ARTICLE 4— AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENA'IRONMENTAL
CONDITIONS; REFERENCE POINTS
4.01 Availability of Lands
A. Owncn shall furnish the Site. Owner shall notify Contractor of any cncombianccs or restrictions not of gcocial application lint
specifically related to use of arc Site with which Contractor must comply in performing are Work. Owner will obtain in a timely
manner and pay for casements for permanent structures Or permanent changes in existing facilities. If Contractor and Owner arc
unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contact Rice or Contact Times, or
both, as a result of any delay in Owner's furnishing she Site or a part thereof, Couhaclor may make a Claim therefore as provided
in Paragraph 10.05.
B. Upon reasonable written request, Owner shall fmntislh Contractor with a current statement of record legal title mid legal description
of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a
mechanic's or const action lien against such lands in accordance with applicable Laws and Regulations.
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C. Contractor shall provide for all additional lauds mud access- thereto that may be required for temporary construction facilities or
storage of materials and equipment.
4.02 SubcurfaLeand Rhvaical Conditions
A. Repm4s and Drawings: The Supplementary Conditions identify:
1. those reports known to Owner of explorations and tests of subsurface conditions at or contig lotus to the Site; and
2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except
Underground Facilities).
B. Limited Reliance by Contractor on Technical Data Authori=ed: Contractor may rely upon the accuracy of the `technical data"
contained in such reports and drawings, but such reports and drawings are not Contract Documents. Sucb `technical data" is
identified in the Supplementary Conditions. Except for sucb reliance on such `technical data," Contractor may not rely upon or
make any claim against Owner or Engineer, or any of their effects, directors, members, partners, employees, agents, consultants,
or stubeonu'actors with respect to:
1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the
means, methods, [echniques, sequences, and praccdtures of construction to be employed by Contractor, and safety precautions
and programs incident thereto; or
2. other data, micipictations, opinions, and information contained in such reports or shown or indicated in such drawings; or
3. any Contractor interpretation of or conclusion drawn from any `technical data" or any such other data, interpretations,
opinions, or intonnation.
4.03 Differing Subsurface ar Phvsieal Conditions
A. Notice: If Contractor believes that any subsuhtnce or physical condition drat is uncovered or revealed eidher:
L is of such a nature w to establish tbat any `technical data" on which Contractor is entitled to rely as provided in Paragraph
4.02 is materially inaccurate; or
2. is of such a nature as to require a change in the Cono'act Documents; or
3. differs materially from that shown or indicated in the Contract Documents; or
4. is of an unusual nature, mid differ materially hoar conditions Catholicity encountered mud generally recognia:d as inherent in
wodc Of the character provided for in the Contact Documents;
their Contractor shall, pronhpty after becoming aware thereof and before further disturbing are subsurface or physical conditions
of performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and
Engineer in writing about such condition. Connacon shall not father disturb such condition or perunn any Work in connection
therewith (except as aforesaid) until receipt of written order to do so.
B. F.ngineer-'s Review: After iccc-ipt of written notice as rcgtuncd by Paean aph 4.03.A, Engineer will promptly review the pertimont
condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, mid advise Owner in
writing (with a copy to Contractor) of Engineer's findings and conclusions.
C. Possible Race and 1Frnes.4dfustrnerats:
L The Contract Price or the Conn act Times, or both, will be equitably adjusted to the extent that the existence of such differ in -
subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of
the Work; subject, howevct, to the following:
a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and
b. with respect to Work that is paid for on a unit price basis, any adjustment in Conn act Rice will be subject to the
orovisions of Para ranhe 9.07 and 11.03.
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2. Contractor shall not be entitled to any adjustment in the Contact Price or Contact Times if
a. Combactor k-irew of the existence of such conditions at the time Contactor made a final commitment to Owner with
respect to Contract Price mid Contract Times by the submission of a Bid or becoming bound under a negotiated
contract; m
b. the existence of such condition could reasonably have been discovered or revealed as a result of any exaiilnation,
investigation, exploration, test, to study of the Site and contiguous aicaa required by the Bidding Requirements or
Contact Documents to be conducted by or for Contactor prior to Contractor's making such final commitment; or
C. Contactor failed to give the written notice as required by Paragraph 4.03.A.
3. If Owner and Contractor are unable to agree on entitlement to or on the anoum or extent, if any, of any adjustment inn the
Contact Pricc or Contact Timcs, or both, a Claim may be made thcicfore as In in Paragraph 10.05. However, neither
Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors
shall be liable to Contractor for any chums, costs, losses, or damages (including but not hunted to all fees mid clu ges of
cnginccas, architects, attorneys, and other professionals and all court or aibination of other dispute iasolution costs) sustained
by Contactor on or in connection with any other project or anticipated project.
4.04 Underground Facilities
A. Shown or- Indicated: The information and data shown or indicated in the Contract Documents with respect to existing
Underground Facilities at m comig torts to the Site is based on information and data famished to Owni:i or Ena neci by the owners
of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementay
Conditions:
I. Owner and Engineer shall not be responsible for the accuracy or completeness of any such infomhaton or data provided by
others; and
2. the cost of all of the following will be included in the Contact Price, and Contactor shall have full responsibility for:
a. reviewing and checking all such information and data;
b. locating all Underground Facilities shown or indicated in the Contract Docunncnts;
C. coordination of tine Work with tine owners of such Underground Facilities, including Owner, during construction; mid
d- the safety and footection of all such Un baground Facilities and repairing any damage thereto icstulting from the Work.
B. Nat Shown or Indicated:
If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, of not
shown or indicated with reasonable accuacy in the Contact Documents, Contractor shall, promptly after becoming aware
thueof and heron: further disturbing conditions affected thereby or performing any Work in connection thcuewith (except in
an en uagency as required by Paragraph 6.16.A), identify the owner of such Underground Facility mid give written notice to
that owner and to Owner and Engineci. Engineer will promptly review the Underground Facility and detci mine the extent, if
any, to which a change is required in the Contact Documents to icticct and document the consequences of the existence or
location of pie Underground Facility. Dining such time, Contractor shall be responsible for the safety mid protection of such
Underground Facility.
2. If Engineer concludes that a change in die Contract Docuareus is required, a Work Change Directive or a Change Order will
be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or
Contact Times, m both, to the extent that they are atoibutablc to the cxistcrncc of location of any Undngnound Facility that
was not shown or indicated or not shown or indicated with reasonable accuracy in the Contact Documents mid that
Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and
Contactor arc unable to as cc on entitlement to or on the amount m extent, if any, of any such adjustment in Contract Pricc
or Contract Times, Owner or Contactor may make a Claim therefore as provided in Paagraph 10.05.
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4.05 Reference Points
A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary
to enable Connector to proceed with file Work. Connector shall be responsible for laying out the Work, shall protect mud preserve
the established reference points and property monuments, and shall make no changes or relocations without the prior written
approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destoved or
requires relocation because of necessary changes in grades or locations, mud shall be responsible for the accurate replacement or
relocation of such retio cro : points or property monuments by professionally qualified personnel.
4.06 HaLardons Environmental Condition at Site
A. Repm4s and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to
Hazardous Environmental Conditions that have been identified at the Site.
B. Lhinted Reliance by Coiaractor on Technical Data Authorized: Contractor may rely upon the accuracy of the `technical data"
contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such `technical data" is
identified in the Supplementary Conditions. Except for such reliance on such `technical data," Contractor may not rely upon or
make any claim against Owner or Engineer, or any of their affects, directors, members, partners, employees, agents, consultants,
or subcontractors with respect to:
1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the
means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions
and proms ams incident thuato; or
2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; at
3. any Contractor interpretation of car conclusion drawn from any `technical data" or any such other data, interpretations,
opinions at information.
C. Contractor shall not be responsible for any Hazardous Em2romvental Condition uncovered or revealed at die Site which was not
shown at indicated in Drawings at Specifications or identified in the Contract Documents to be within the scope of the Work.
Contractor shall be responsible for a Hazardous Environmental Condition created with any materials lnwight to the Site by
Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible.
D. if Contractor cncourrtus a Haardous Environmental Condition or if Contractor or anyone for whom Contactor is responsible
creates a Hazardous Environmental Condition, Contractor shall immediately (t) secure or otherwise isolate such condition; (h)
stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by
Pwagaph 6.16.A); and (in) notify Owner and Eno ncci (and promptly thcacaftei confirm such notice in writing). Owner shall
promptly consult with Engineer concerning Lire necessity for Owner to retain a qualified expert to evaluate such condition or lake
corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to pcimit Owner
to timely obtain rcgttircd pc-rmits and provide Contactm the written notice required by Paragraph 4.06.E.
E. Contactor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has
obtained any rcgttircd permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any
affected area is or has been rendered safe for the resuurption of Work; or In) specifying any special conditions under which such
Work may be resumed safely. Tf Owner and Contractor cannot agrec as to entitlement to or on the amount or extent, if any, of any
adjustmcn[in Contact Price orCon tact Times, or both, as a result ofsttch Work stoppage or such special conditions under which
Work is agreed to be resurned by Contractor, tattler party nray, make a Claim therefore as provided in Paragraph 10.05.
F. if after receipt of such written notice Contactor does not agncc to resume such Work based on a reasonable belief it is unsafe, or
does not agree to resurne such Work under such special conditions-, then Owner may order the portion of die Work dial is in the
area affected by such condition to be deleted finrm the Work. If Owner and Contractor cannot agree as to entitlement to or on the
amount or extent, if any, of an adjustment in Contact Rice or Contact Times as a result of deleting such portion of the Work,
their either party may make a Claus therefore as provided in Paragraph 10.05. Owner may have such deleted portion of the Work
performed by Owner's own forces or others in accordance with Article 7.
G. To die fullest eXleal permitted by Laws mud Regulations, Owner shall iirdenuiify and hold limndess Contractor, Subcontractors,
and Engineer, writhe officers, directors, members, partners, employees, agent, consultants, and subcontractors of each and any of
than from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, aftorireys, and other professionals mud all court or arbitration or other dispute resolution costs) wising out of or relating
to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated
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in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, mud (ti)
was not created by Contractor or by anyone for whom Contractor is responsible. Nothinv in this Paragraph 4.06.G shall obligate
0hvner to indemnify any individual or entity fi'om and against the consequences of that individual's or entity's own negligence.
H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Ownc-r and Engineer; and
the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and anv of them from and
against all clairns, costa, losses, mud dautages (including but not linilted to all fees mud charges of cugiucers, architects, attorneys,
and other professionals and all court or arbitration or other dispute resolution costa) arising ont of or relating to a Hazardous
Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph
4.06.11 shall obligate Contractor to indemnify any individual or entity firm aid against the consequences of that individual's or
entity's own negligence.
I. The provisions of Paragaphs 4.02, 4.03, mud 4.04 do not apply to a Hazardous Envhammcntal Condition uncovered or revealed at
the Sitc.
ARTICLE 5—BONDS AND INSURANCE
5.01 Peryornnance, Payment, and Other Bonds
A. Contractor shall fitrnish pcitormancc and payment bonds, each in an amount at Icast equal to the Connect Price as security for the
faithful performance and payment of all of Contractor's obligations uad,- the Contract Documents. These bonds shall remain in
effect until one year after the date when final payment becomes due or until completion of the correction period specified in
Paragraph 13.07, whichevc-r is latca, except as provided otherwise by Laws or Rcwlations ca by the Connect Documents.
Contactor shall also Punish such other bonds as are required by the Contract Documents.
B. All bonds shall be in the form prescribed by the Conn act Documents except as prodded othcawisc by Laws or Rea tlatons, and
sball be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sinctic,
on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial
Managcmc-nt Scatiicc, Surety Bond Brunch, U.S. Department of the Treasury. All bonds signed by an agent or attorrmcy-in-fact
must be accompanied by a certified copy of drat individual', authority to bind the surely. The evidence of authority shall show
that it is effective on the date the agent or attorney -in -fact signed each bond.
C. If the suety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is
terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragmph 5.01.13,
Contactor shall promptly notify Ownc-r and Engincc-r and shall, within 20 days after the event a ving rise to such notification,
provide another bond and suety, built of which shall comply with the requirements of Paragraphs 5.01.13 mid 5.02.
5.02 Licensed Sareties and Inset ens
A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contacts shall be
obtained fi'om aurcty or insttrancc companies that arc drily licensed in attthon7cd in the jurisdiction in which the Project is located
to issue bonds or insurance policies for the limas mid coverages so required. Such suety mid insurance companies shall also meet
such additional requirements and qualifications as may be provided in the Supplementary Conditions.
5.03 Certificates of Insurance
A. Contactor shall dclivc, to Ownci, with topics to each additional insured and loss payee identified in the Stipplcmcntay
Conditions, certificates of insurance (mid other evidence of insurance requested by Owner or any other additional insured) which
Conti actor is rcquircd to purchase and maintain.
B. Owner shall deliver to Contactor, with copies to each additional insured mid loss payee identified in die Supplementary
Conditions, certificates of insurance (and other evidence of insurance ixqucsted by Contractor or any other additional insured)
which Owner is required to purchase and maintain.
C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements
or tailttrc of Owner to identify a deficiency in compliance from the cvidcnec prodded shall not be consorted as a waiver of
Contractor's obligation to maintain such insurance.
D. Owncn dots not represent that insttrancc covcrtyc and limits established in this Contract occcssaily will be adequate to protect
Contractor.
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E. The insmmice mid insurance limits required herein shall not be deemed as a limitation on Contractor's liability wider the
indemnities granted to Owner in the Contract Documents.
5.04 Cmitracto"s 1myrance
A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide
protection fiom claims set forth below which may arise out of or result from Contractor's performance of the Work mud
Contractor's other obligations under the Connaet Documents, whether it is to be performed by Contractor, any Subeontracon or
Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts
any of them may be liable:
1. claims under workers' compensation, disability benefits, and other similar employee benefit acts;
2. claims for damages because of bodily injury, occupational sickness m disease, in death of Contractor's employees;
3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees;
4. claims for damages insured by reasonably available personal injury liability coverage which are sustained:
a. by anypuson as a result of an offense directly in indirccdyidated to the employment of such person by Contracou,or
b. by any other person for any other reason;
5. claims for damages, other Chan to the Work itself, because of injury to or destruction of tangible property wherever located,
including loss of use resulting therefrom; and
6. claims for damages because of bodily injury or death of any person or property damage wising out of the ownership,
maintenance muse of any motto vehicle.
B. The policies of insurance required by this Paragraph 5.04 shall:
1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an ocemrenec basis,
include as additional insureds (subject to any customary exclusion regaling piotessional liability) Owner and Engineer, and
any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional
insureds, and include covc-raec far the respective officers, directors, members, partners, employees, agents, consultants, and
subcontractors of each mid any of all such additional insureds, mid Ore insurance afforded to these additional insureds shall
provide primary coverage far all claims ctwercd thereby;
2. include at least the specific coverages mid be written far not less than the Bruits of liability provided in die Supplementary
Conditions or required by laws or Regulations, whichever is grcatcr;
3. include couttactual liability insurance covering Contractor's iridenmity obligations under Paragraphs 6.11 mud 6.20;
4. contain a provision m cmdmsc-mcnt that the covcaagc afforded will not be canceled, matuially changed or renewal rcffiscd
until at least 30 days prior WuUtai notice has been given to Owner mid Contactor and to each other additional insured
identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of
insurance furnished by the Contractm pursuant to Paragraph 5.03 will so provide);
5. remain in effect at least until final puynhent and at all times ihcmaftm when Contractor may be conecting, rornoving, or
replacing detective Work in accordance with Paragraph 13.07; and
6. include completed operations coverage:
a. Such iusurauce shall remain in effect for two yeas after fmal payment.
b. Contactor shall finmish Owner and each other additional insured identified in the Supplementary Conditions, to whom
a certificate of insurance has been issued, evidence satisfactory to Owner mid any such additional insured of
continuation of such insurance at final payment and one year thcrxafter.
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5.05 owner's Liabilitvineurame
A. in addition to the insurance required to be Inovided by Contractor under Paragraph 5.O4, Owner, at Owners option, may ptur:hase
and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claim, which may arise from
opeations under the Contract Documents.
5.06 Property Insurance
A. Unless otherwise provided in the Supplementary Conditions, Ovvner 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 anomit, as may be provided in the
Supplementary Conditions or required by Laws and Regulations). This insurance shall:
L include the interests of Owner, Connector, Subcontractors, mud Engineer, mud arty otlher individuals or entities identified in
the Supplementary Conditions, and the offices, directors, nicmbcos, partners, employees, agents, consultants, and
subcontractors of each and any of them, each of wham is deemed to have an insurable interest and shall be listed as a loss
payee;
2. be written on a Builder's Risk "all-risk' policy fomh that shall at least include insurance for physical loss or damage to the
Work, temporary buildings, falsewmk, and materials and equipment in transit, and shall insure against at least the fallowing
perils or causes of loss: fire, lightning, extended coveagc, theft, vandalism and malicious mischief, carthquakc, collapse,
debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (otlrer dim that caused by
flood), and such other perils or causes of loss as maybe specifically required by the Supplementary Conditions.
3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges
of engineers and aehitects);
4. cover materials and equipment stored at die 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 far Payment
recommended by Enginccn;
5. allow for partial utilization of the Wodc by Owner;
6. include testing and statup; and
7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner; Conhactor, and Engineer
with 30 days wriden notice to each other loss payee to wham a certificate ofinsurancehas been issued.
B. Ownci shall purchase and maintain such equipment breakdown insttrancc or additional property insurance as may be required by
the Supplementav Conditions or Laws and Regulations which will include ale interests of Owner, Contractor, Subcontractors,
and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and die officers, directors,
mcmbes, patnes, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have
an insurable interest aid shall be listed as a loss payee.
C. All the politics of insurance (and the certificates or other evidcmcc thereof) required to be pinchascd and maintained in accordance
with this Paragraph 5.06 will contain a provision or endorsement drat 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
loss payee to wham a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph
5.07.
D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect
the interests of Contractor, Subcontractors, or others in die Work to are extent of any deductible annouuts- dial are identified in die
Supplementary Conditions. The risk of loss within such identified deductible aniountwll be too omeby Contractor, Subcontractors,
or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each
may purchase and maintain it at the purchaser's own expense.
E. if Contractor requests in writing that other special insurance be included in the property insttrancc politics provided under this
Paragraph 5.06, Owner slhall, if passible, include such insurance, aid the cost thereof will be charged to Contractor by appropriate
Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whctther or not such other
insurance has been procured by Owner.
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5.07 Waiver of Righte
A. Owner and Contractor intend that all policies purchased in accordance with Pa igaph 5.06 will protect Owner, Contractor,
Subcontractors, mid Engineer, mid all other individuals or entities identified in the Supplementary Conditions as loss payees (and
the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such
policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All
such policies shall contain provisions to the effect that in the event of payment of any loss or danage the insurers will have no
rights of recovery against any of the insureds or loss payees thcrcundci. Ownci and Connacon waive all rights against each other
and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of
them for all losses and danages caused by, arising out of or resulting from any of the perils or causes of loss covered by such
policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors
and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers,
directors, members, patties, employees, agents, consultants, mid subcontractors of each mid any of them) order such policies for
losses and damages so eauscd. None ofthc above waives shall extend to tlhc rights that any party making such waiver may have to
the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued.
B. Ownci waives all rights against Contractor, Subcontractors, and Engineer, and the officers, direetms, mcnhbers, partners,
employees, agents, consultants and subcontractors of each and any of them for:
1. loss duc to business interruption, loss of use, or other conscqucotial loss extending beyond direct physical loss or damage to
Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by
Owner; and
2. loss or danage to the completed Project or pat thereof caused by, wising out of, or resulting from fire or otter insured peril
or cause of loss covered by any property insurance maintained on the completed Project or pat thereof by Owner during
partial utilization pursuant to Para, aph 14.05, after Substantial Completion pursuant to Paiaa aph 14.04, or after final
payment pursuant to Paragraph 14.07.
C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss icfiarcd to in Panigiaph 5.07.B shall
contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have
no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees,
agents, consultants and subcormactos ofcach and any of them.
5.08 Receipt and Application oflnsurance Proceeds
A. Anv insured loss ruder dre policies of insunitice required by Paragraph 5.06 will be adjusted witi Owner and made payable to
Owner as fiduciary far the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause
and of Paragraph 5.08.8. Owner shall deposit in a separate account any money so received and shall distibute it in accordance
with such agreement as tie parties in interest may reach. If no other special agreement is reached, tie damaged Work shall be
repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an
aploopriate Change Order.
B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object
in writing within 15 days after the occurrence of loss to Owncx's exercise of this power. If such objection be made, Owner as
fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such
ogrcenhcnt among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if
required in writing by any parry in intrrest, Owner as fiduciary shall &c bond for the proper performance of such duties.
5.09 Acceptance ofBondw and Insurance,' Option to Replace
A. If either Owner or Contractor has any objection to tie coverage afforded by or other provisions of the bonds or insurance required
to he purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract
Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the ccirificau s (m other
evidence requested) required by Paagraph 2.01B. Owner and Contractor shall each provide to Ilic other such additional
information in respect of insurance provided as the otter may reasonably request. If either party does not purchase or maintain all
of the bonds and insurance requited of such party by the Contract Documents, such party shall notify the other party in writing of
such failure to purchase prior to the stat of the Work, or of such failure to maintain prior to any change in the required coverage.
Without prejudice to any other right or renhcdy, the other party may elect to obtain equivalent bonds or insurance to protect such
other party's interests at the expense of the party who was required to provide such covclagc, and a Change Order shall be issued
to adjust the Contract Price aecordingty.
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5.10 Partial Utih-afion, ALknowledgment of Propertvinenrer
A. if Owner tiods it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as
provided in Paragraph 14.05, no such use or occupancy shall comrneuce before the insurer, providing the property inemarnce
pursuant to Pam aph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated
thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property
insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy.
ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES
6.01 Supervisinn and Superintendence
A. Contractor shall supervise, inspect, mid direct The Work competently and efficiently, devoting such attention thereto mid applying
such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall
be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be
responsible for the negligence of Owner or Engineer in the design or specification of a specific nneaus, method, technique,
sequence, or procedure of construction which is shown or indicated in and cxpr-csslyrcquircd bythc Contract Documents.
B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be
replaced without written notice to Owner and Engineer except under cxn'am dinary cim umstanccs.
6.02 Labor; Working Hours
A. Contractor shall provide competent, suitably qualified personnel to survey and lay out die Work and perform construction as
required by the Contract Documents. Contractor shal I at all times maintain goad discipline and order at the Site.
B. Except as otherwise required for the safety or protection of persons or the Work or property at due Site or adjacent thereto, and
except as otherwise ,rated in the Contract Documents, all Work at the Site shall be performed during regular working hours.
Contractor will not permit the pcxtbrmaocc of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent
(which will not be rimeasonably wsddreld) given after prior written notice to Engineer.
6.03 Services, Materials, and Equipnenl
A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full nesponsibiliry for all services,
materials, equipment, labor, o'ansportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat,
telephone, water, sanihuy facilities, temporary facilities, and all other facilities mud iancidcutals necessary for the performance,
testing, startup, and completion of the Work.
B. All materials mid equipment incorporated into die Work shall be as specified or, if not specified, shall be of good quality and new,
except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall
expressly run to the benefit ofOwncr. Ifrctlinicd by Engineer, Contractor shall furnish satistactory evidence (incltudin; reports of
required tests) as to the source, kind, mid quality ofmaterials mid equipnreut.
C. All materials and cgruipmcnt shall be starve, applied, installed, connected, cxcctcd, protected, used, cleaned, and conditioned in
accordance with instructions of die applicable Supplier, except as otherwise may be provided in the Contract Docunreuls.
6.04 Progress Schedule
A. Contractor shall adhere to the Progress Schedule cstabl ished in aecordamz with Pat agmph 2.07 as it may be adjusted firm time to
time as provided below.
L Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.(17) purposed adju4ments in the
Progt•css Schcdulc that will not result in changing the Contract Times. Such adjustments will comply with any provisions of
the General Requitenrents applicable thereto.
2. Proposed adjustments in the Proms ws Schedule that will change the Contract Times shall be submitted in accordance with the
requirements of Article 12. Adjustments in Contract Times may early be made by a Change Order.
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6.05 Substitutes curd "Or -Equals"
A. Whenever an item of material m equipment is specified m described in the Contract Documents byusing the name ofaproprietary
item or the uarne of a particular Supplier, the specification or description is intended to establish the type, fwictiou, appearance,
and quality icil uircd. Unless the specification w description contains or is followed by words reading that no like, equivalent, w
"or equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers
may be submitted to Engineer for review wider die rheum stances described below.
1. "Or Equal" Iterns: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally
equal to that maned mid sufficiently si nitm so that no change in related Work will be requircd, it may be considered by
Engineer as an "or equal" item, in which case review and approval of the proposed item may, in Enginccr's sole discretion,
be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the
purposes of fits Paragraph 6.,05_A1, a proposed item of material or equipment will be considered functionally equal to an
item so named if.
a. in the exercise of reasonable j wignicut Engineer detemiines that:
1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics;
2) it will reliably perform at ]cast equally well the function and achieve the icstilts imposed by the design concept of
the completed Project as a functioning whale; and
3) it has a proven record of performance and availability oficsponsivc scivice.
b. Contactor cenifies that, if approved and went potated into the Wodc:
1) there will be no increase in cost to die owner or increase in Contract Times; and
2) it will conform substantially to the detailed requirements of the item named in the Contract Documents.
2. Substitute Items:
a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or
equal" item under Paragraph 6.D5.AJ, it will be considered a proposed substitute item.
b. Contractor shall submit sufficient information as provided below to allow Engineer to deternihie if the item of material
of equipment proposed is essentially equivalent to that named and an acceptable substitute thcrofore. Requests for
review ofproposed substitute items of material w cgtuipmcm will not be accepted by Engineer fi'om anyone other than
Contractor.
C. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as stupplurma tcd by the Gcncial
Requirements, and as Engineer may decide is appropriate wider die circa nstaices.
d. Conhactor shall make written application to En;inetr to review of proposed substitute item of material w equipment
Unit Contractor seeks to furnish or use. The application:
I shall ccrtity that the proposed substittc item will:
a) perform adequately the function, and achieve the re,iulti called for by the general design,
b) be similar in substance to that specified, aid
c) be suited to the same use as that specified;
2) will state:
a) [lic extent, if any, to which die use of die proposed substitute item will prejudice Contractor's achievement of
Substantial Completion on time,
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b) whether use of die proposed substitute item in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to
adapt the design to the proposed substitute item, and
c) whether incorporation or use of the proposed substitutee item in connection with the Work is subject to
payment of any license fee or royalty;
3) will identify:
a) all variations of the proposed substitute item from that specified, and
b) available engineering, sales, maintenance, repair, and replacement services; and
4) shall contain an itemized estimate of all costs or credits that will result directly m indirectly from use of such
substitute item, including costs of redesign and claims of other contactors affected by any resulting change.
B. Substikde Corutruclion Melhods or Procedures: If a specific means, method, technique, sequence, m procedure of construction is
expressly required by the Contract Documents, Contactor may furnish or utilize a substitute means, method, technique, sequence,
or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineeq in
Engineer's sole discretion, to dctc-rminc that the substitute proposed is equivalent to that expressly called too by the Contract
Docmnents. The requirements for review by Engineer- will be similar to those provided in Paragraph 6.05.A.2.
C. Engineet's Evedualion: Engincct will be allowed a reasonable time within which to evaluate each proposal m submittal made
pursuant to Paragraphs 6.OS.A and 6.OS.B. Engineer may require Contactor to fiunish additional data about the proposed
substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized
until Enginccr's review is complete, which will be evidenced by a Changc Order in the case of a substitute and an approved Shop
Drawing for an "or equal" Engineer will adt2se Contactor in writing of any negative determination.
D. Special Gmraniee: Ownct may rcguirc Conn'actoo to furnish at Contactm's expense a special pertornimce guarantee m othct
surety with respect to any substitute.
E. Engineet's Cast Xeimbursenmeni: Engineer will record Engineer's costs in evaluating a substimtc proposed or submitted by
Contractor pursuant to Paragraphs 6.05.A.2 and 6.05B. Whetter or not Engineer approves a substitute so proposed or submitted
by Contiactn, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed
substitute. Contractor shall also reimburse Owncr to the reasonable charges of Eno nest for making changes in the Contact
Doewneols (or in the provisions of any other dtecl contact with Owner) resulting from Ube acceptance of each proposed
substitute.
F. Contractor's Expense: Contactor shall provide all data in support of any proposed substitute or "or equal" at Contractor's
expense.
6.06 Concerning Subcontractors, Suppliers, and fhhers
A. Contactor shall not c-mploy any Subcontractor, Supplier, in other individual or entity (including those acceptable to Ownct as
indicated in Paragraph 6.06.% whether initially or as a replacement, against whom Owner may have reasonable objection.
Conti actor shall not be required to employ any Subcontractor, Supplier, or otter individual or entity to furnish or perform any of
the Work against whom Contactor has reasonable objection.
B. if the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be
submitted to Ohvmcr in advance no acceptance by Owner by a specified date prior to the Effective Date of the Aa cement, and if
Contactor has subuvtled a list thereof in accordance with the Supplententoty Conditions, Owner's acceptance (cilher in writing or
by failing to make written objection tlocreto by the date indicated for acceptancc or objection in the Bidding Documents or the
Contact Documents) of any such Subcontractor, Supplier, or other individual m entity so identified maybe revoked on the basis
of reasonable objection atler due investigation. Contractor shall subnill as acceptable replacement for the rejected Subcontractor,
Supplict, or otlocr individual or entity, and the Contact Price will be adjusted by the difference in the cost occasioned by such
nplaccmcm, and an appropriate Change Order will be issued. No acceptance by Owncr of any such Subconmactoo, Supplier, 00
other individual or entity, whether initially or as a replacement, shall constitute a waiver of guy right of Owner or Engineer to
reject defective Wodc.
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C. Contractor shall be frilly responsible to Owner mid Engineer for all act mud emissions- of the Subcontractors, Suppliers, mud otter
individuals or entities performing or furnishing any of the Work just as Contractor is responsiblc for Contractor's own acts and
omissions Nothing in the Contact Documents:
1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any eontraeutal relationship
between Owner or Engineer and any such Subcontractor, Supplier or other indttadual or entity; nor
2. shall create any obligation on the part of Owner or Engineer to pay or to sec to the payment of any moneys due any such
Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations.
D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subconn actors, Sttpplicrs, and othc-r
indmitin is or entities performing or punishing any of the Work under a direct or indirect contact with Contractor.
E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities putktnning or famishing any of the
Work to conununicate with Engineer du'ough Contractor.
F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing
the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade.
G. All Work performed ton Connector by a Subconn'actor or Supplica will be pursuant to an appropriate agreement between
Contractor and dic Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable icon and
conditions of the Contract Documents for tire benefit of Owner and Engineer. Whenever any such agreement is with a
Subconn'ac[on or Supplier who is listed as a loss payee on the property insurance provided in Par-agniph 5.06, the agictment
between die Contractor and die Subcontractor or Supplier tvill contain provisions whereby the Subcontractor or Supplier waives
all lights against Owner, Contractor, Engineer, and all other individuals to entities identified in the Supplementary Conditions to
be listed as insureds or loss payees (and the officers, directors, mc-mbcis, partners, c-mployccs, agc-nt, consultants, and
subcontractors of each and any of them) for all losses and darnages caused by, arising out of, relating to, or resulting front any of
the perils or causes of lose covered by such policies and any other ptopeny insurance applicable to the Work. If the insures on any
such politics require separate waiver forms to be sib cd by any Subconhactor or Supplici, Contractor will obtain the same.
6.07 Patent Fees and Royalties
A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the
incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights
held by others. If a particular invcmtion, design, process, product, or device is specified in the Cono'act Documcn is for use in the
performance of the Work mid if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights
calling for the payment of any license fee or royalty tro others, the existence of such lights shall be disclosed by Owner in the
Con hact Documents.
B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contmetot, and its officers,
directors, members, partners, employees, agents, consultants, and subcontractors fi'om and against all claims, costs, losses, and
damages (including but not limited to all fees mid charges of engineers, architects, attorneys, mid other professionals, and all court
of adbitiation or other dispute resolution costs) arising out of or relating to any infi-ingcmentof patent rights or copyrights incident
to the use in the performance of the Work or resulting fi-om the incorporation in the Work of any invention, dcsign , process,
product, or device specified in are Contract Document, but not identified as being subject to payment of any license fee of royalty
tro others required by patent rights or copyrights.
C. To the fullest extent permitted by Laws and Regulations, Contractor shall indennify mid hold harmless Owner mid Engineer, and
the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and
against all claims, costs, losses, and damages (including but not limited to all fees and chargcs of cna liters, architects, attorneys,
mid other professionals mid all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement
of patent rights or copyright incident to ire use in the perfornarec of the Wnrk or resulting from the incorporation in the Work of
any invention, design, process, product, or device not specified in the Contract Documents.
6.08 Pernrits
A. Unless otherwise provided in die Supplementaty Conditions, Contractor shall obtain and pay for all construction pernilt Mud
licenses. Owner shall assist Connector, when ncccssary, in obtaining such permits and licenses. Contractor shall pay all
govenrmcntal chargcs and inspection fees necessary far the En sccu ion of the Work which are applicable at the time of opening of
Bids, or, if there are no Bids-, on are Effective Date of are Agreement. Owner shall pay all charges of utility owners for connections
for providing permanent service to the Work.
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6.09 Laws and ftmlativae
A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the pertonnance of the
Work. Except where otherwise expressly required by applicable Laws aid Regulations, neither Owner not Engineer shall be
responsible for monitoring Contractor's compliance with any Laws or Regulations.
B. If Connector perfonus arty Work knowing or having reason to know that it is contrary to Laws or Regulafimrs, Contractor shall
bear- all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or other dispute resolution costs) :wising out of or relating to such Work. However,
it shall not be Contractor's responsibility to make certain that the Specifications mud Drawings are in accordance with Laws aid
Regulations, but his shall not relieve Conn' actor of Contractor's obligations under Paso aph 3.03.
C. Changes in Laws or Regulations not known at die time of opening of Bids (or, on the Effective Date of the Agreement if there
were no Bids) having an effect on the cost of time of performance of the Work shall be the subject of an adjustment in Contract
Price or Contract Times. If Owner and Contractor are tenable to agree on entitlement to or on the amount or extent, if any, of any
such adjustncut, a Claim may be made therefore as provided in Paragraph 10.05.
6.10 Taxes
A. Contractor shall pay all sales, consumer, use, and othci similar- taxes required to be paid by Conn'actm in accordance with the
Laws and Regulations of die place of the Project which are applicable during the pertbnnance of the Work.
6.11 Use of Sile and Other Arens
A. Linolalion on Um of Site and Other Areas:
L Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the
Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with
construction equipment or othcr materials or equipment. Conn'actor shall assume full responsibility for any damage to any
such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from die pedohmancc of the
Work.
2. Should any claim be made by any such owner or occupant because of the p�cr3bmrancc of the Work, Contractor shall
promptly settle with such other petty by negotiation or otherwise resolve the claim by arbitration or other dispute resolution
in acceding or at law.
3. To the fullest extent permitted by Laws and Regulations, Contactor shall indemnify and hold harmless Owner and Engineer,
and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them
from and against all claims, costs, losses, and damages (including but not limited to all fees mud charges of engineers,
architects, attorneys, and other professionals and all omit or arbitration or other dispute resolution costs) arising out ()for
relating to any claim of action, legal or equitable, brought by any such owner or occupant against Owner; Engineer, or any
other party hidernidfied hereunder to the extent caused by or based upon Contractor's pedonnauce of the Work
B. Removal of Dehris Dining ioerformmnce of the Work.progress
During the proess of the Work Contactor shall keep the Site and odwr
areas fiee fiom ac
cumulations of waste materials, rubbish, mud other debris. Removal and disposal of such waste materials,
rubbish, and other debris shall conform to applicable Laws and P.cgulations.
C. Cleaning: Prior to Substantial Completion of die Work Contractor shall clean the Site mid tic Work acid make it ready for
utilization by Owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction
equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by
the Contract Docmnculs.
D. Loading Str-ucnn-es. Cono'actor shall not load not permit any part of any structure to be loaded in any manner that will endanger
the structure, nor shall Contractor subject any pent of die Work or adjacent property to stresses or pressures that will eudmiget it.
6.12 Record Documents
A. Contactor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Changc Orders,
Work Change Directives, Fidd Orders, and written interpretations and clarifications in ;ood order and annotated to show changes
made during construction. These record documents together with all approved Saniples and a counterpart of all approved Shop
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Drawings will be available to Engineer for reference. Upon completion of the Work, these record docurnnents, Satnples, and Shop
Drawings will be delivered to Engineer for Owner.
6.13 Safety mad Prntectiou
A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection
with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in
the perfonnanec of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary
precautions for the safely of, and shall prcnide the necessary protection to prevent damage, injury or loss to,
1. all persons on the Site orwho may be affected by the Work;
2. all the Work Mid materials mud equipment to be incorporated therein, whether in storage on or off the Site; mud
3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities,
and Underground Facilities not designated for removal, relocation, or replacement in the course of construction.
B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection
of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and
protection. Contractor shall notify owner of adjacent property and of Underground Facilities and other utility owners when
prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of
their property.
C. Contractor shall comply with the applicable requirements of Owner's safety progranhs, if any. The Supplementary Conditions
identify any Owner's safety programs that are applicable to tire Work.
D. Contractor shall infum owner and Engineer of die specific requirements of Contractor's safety progarn with which Owner's and
Engineer's ennployees and iepresenmtives nmstconrply while attire Site.
E. All datnage, injury, or loss to any property refereed to in Paragraph 6.13A2 or 6.13.A.3 caused, directly or indtrecty, in whole or
in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly to indirectly employed by any of them
to putbrm any of the Wok, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage
or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed
by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part,
to the fruit or negligence of Contractor or any Subcono actor, Supplici, or other individual or entity directly or indirectly c-mploycd
by any of them).
F. Con hactor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Wok is
completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.13 that tie Work is
acceptable (except as otherwise expressly provided in connection with Substantial Completion).
6.14 Sapp, Representative
A. Contractor shall designate a qualified and experienced safety icprescoodivc at the Site whose duties and responsibilities shall be
the prevention of accidents and the maintaining mud supervising of safety precautions Mid progrartu.
6.15 Hazard Canmruniadion Yragrarns
A. Contactor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication
information required to be made available to or cxchangcd between or among employers at the Site in accordance with Laws or
Regulations.
6.16 Emergencies
A. In emergencies affecting the safety or prrtcction of persons or the Work or property at the Site or adjacent thereto, Conuactor is
obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contracto
believes that any significant changes in are Work or varriauonS from the Contract Docuruenls have been caused thereby of are
ragnircd as a result thereof. If Engineer determines that a change in the Contract Documents is rcgnircd because of the action taken
by Con hactor in response to such an cmciecncy, a Work Changc Directive or Change Oidcr will be issued.
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6.17 Shop Drary mgs and Samples
A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted
Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require.
1. Shop Drawings:
a. Submit number of copies specified in the General Rcquircmcnts.
b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance mud
design criteria, rnatcnals, and similar data to show Engineer the services, materials, and equipment Contractor proposes
to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17D.
2. Samples:
a. Suburit mmiber of Saniples specified in the Specifications.
b. Clearly identity each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended
and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by
Paragraph 6.17D.
B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work
performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of
Contractor.
C. Submival Pmcedw'es:
1. Before submitting each Shop Drawing or Sample, Contactor shall have:
a. reviewed and coordinated each Strop Drawing or Sanrple with other Shop Drawings and Samples and with the
requirements of the Work and the Contract Documents;
b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria,
installation requirements, materials, catalog numbers, and similar information with respect thereto;
C. determined mid verified the suitability of all materials offered with respect to the indicated application, fabrication,
shipping, handling, storage, assembly, and installation per mining to the performance of the Work, and
d- determined and verified all information relative to Contractor's responsibilities far means, methods, teclmfques,
sequences, and procedures of crosfinction, and safety precautions and programs incidcntthcrettr.
2. Each submittal shall bear a stamp or specific written certification drat Contractor has satisfied Contractor's obligations under
the Crmtract Documents with respcct to Contractor's review and approval of that submittal.
3. With each submittal, Contactor shall give Engineer specific written notice of any variations that Lire Shop Drawing or
Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication
separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing
or Sample submitted to Engineer for review and approval of each such variation.
D. Rne neer-'s Review.
1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals
acceptable to Engineer. Engineer's review and approval will be only to determine if the items covncd by the submittals will,
after installation or incorporaliou in are Work, conform to the information given in lire Contract Documents and be
compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docunents.
2. Engineer's review mid approval will not extend to mcaus, methods-, leclmiques, sequences, or procedures of construction
(except when: a particular means, method, technique, sequence, or procedure of construction is specifically and expressly
called for by the Contract Documents) or to safely precautions or pnoDams incident thncto. The review and approval of a
separate irerrr as such will nor indicate approval of die assembly in which the hcrn functions.
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3. Engineer's review mid approval shall not relieve Connector from responsibility for any variation flora die requirements of the
Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given
written approval of each such variation by specific mitten notation thereof incorporated in or accompanying the Shop
Drawing or Sample. Engineer's review mud approval shall not relieve Connector from responsibility for complying with the
requirements of Paragraph 6.17.C.1.
E. Rexubmitial Prnceduree:
1. Connector shall make corrections required by Engineer and shall return the required number of corrected copies of Shop
Drawings mid submit, as required, new Sanples for review mud approval. Connector shall direct specific attention in writing
to revisions other than the corrections called for by Engineer on previous submittals.
6.18 Continuing the Work
A. Connector shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No
Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04
to as Owner and Conti actor may otherwise agree in writing.
6.19 t7woractnde General Warranty and Guarantee
A. Contractor warrants and guarantees to Owner that all Work will be in accordance wadi die Contract Documents and wsll not be
defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be
c-ntiticd to rely on representation of Connactot's warranty and guarantee.
B. Connector's warranty and guarantee hereunder excludes defects to damage caused by:
1. abuse, modification, or improper maintenance or operation by persons other dim Contractor, Subcontractors, Suppliers, or
any other individual or entity far whom Contractor is responsible; or
2. normal wear and ten- under normal usage.
C. Contractor's obligation to pctbrrn and complete the Work in accordance with the Contract Doctumc-nts shall be absolute. None of
the following will constitute an acceptance of Work drat is not in accordance with die Contract Documents or a release of
Cont-acnn's obligation to perform the Work in accordance with the Contract Documents:
1. observations by Engineer;
2. recommendation by Engincc-r or paymentby Ownc ofanypragcss or final payment;
3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner;
4. use or occuparicv of die Work or auv put thereof by Owner;
5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer;
6. any inspection, test, or approval by others; or
7. any correction of defective Work by Owner.
620 Indemnification
A. To the fullest extent pennitred by Laws and Regulations, Contractor shall indenhnify and hold harmless Owner and Engineer; and
the otliccxs, directors, members, parmcrs, employees, agents, consultants and subcontractors of each and any of them from and
against all claims, costs, losses, mid damages (including but not hunted to all fees and charges of engineers, architects, attorneys,
and other professionals and all court or arbitration (it' other dispute resolution costs) raising out of or relating to the pc-forniancc of
the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to
injury to or destruction of [aigible property (osier dran doe Work itself), including are loss of use resulting areref can but only to
the extent caused by any negligent act or omission of Contractor; any Subcontractor, any Supplier, or any individual or entity
directly or indirectly employed by any of them to pertbrm any of the Work or anyone for whose acts any of them maybe liable.
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B. In any and all claims against Owner or Engineer or any of their officers, directors, members, parmers, employees, agents,
consultants, or subcontractors by any cmploycc (or the survivor or personal representative of such cmploycc) of Contractor, any
Subconn'aetm, any Supplier, m any individual or entity directly or indirectly employed by any of them to perform any of the
Work, or aryone for whose act., any of them may be liable, die indemnification obligation under Paragraph 620.A shall not be
limited in any way by any limitation on the amount or type of damages, compensation, m benefits payable by or for Contaetm m
any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other
employee benefit acts.
C. The indemnification obligations of Contractor under Paragraph 620.A shall not extend to the liability of Engineer and Engineer's
officers, directors, members, partners, cmployecs, agents, consultants and subcontractors arising out of.
1. the preparation or approval of, or the faflu'e to prepare or approve maps, Drawings, opinions, reports, surveys, Change
Orders, designs, or Specifications; or
2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage.
621 Delegation of P, ojessiorud Design Services
A. Contactor will not be required to provide professional design services unless such services are specifically required by the
Contract Documents for a portion of the Work m unless such services as required to carry out Comintern's responsibilities for
construction means, methods, teclmiques, sequences and procedures. Connector shall not be required to provide professional
services in violation of applicable law.
B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically
required of Contactor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such
services must satisfy. Contractm shall cause such services m certifications to be provided by a propcily licensed professional,
whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other
submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such
professional, ifprcpaad by othus, shall bear such professional's written approval when submitted to Engineer.
C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or
approvals putbrmcd by such design professionals, provided Ownci and Engincci have specified to Connactor all performance and
design criteria drat such services must satisty.
D. Pursuant to this Paraa aph 6.21, Engineer's review and approval of dcsia calculations and design drawings will be only to the
Bunted purpose of checking for conformance widt performance and design criteria given and the design concept expressed in the
Contact Documents. Engincer's review and approval of Shop Drawings and other submittals (except design calculations and
desig r drawings) will be only for the purpose stated in Paran aph 6.17.D.1.
E. Contact r shall not be responsible too the adequacy of the performance or design criteria required by the Comfier Documents.
ARTICLE 7 — OTHER W ORK AT THE SITE
7.01 Re[aled 6lbr-k al Sire
A. !tuner may perform other work related to the Project at the Site with Owner's employees, or through other direct contacts
ticiconc, to have other work putormed by unlity owncis. If such other work is not noted in the Contract Documents, then:
L written notice thcmof will be given to Contactor prior to starting any such other work; and
2. if Owner and Contractor are unable to agree on entitlement to or our the arnounr or extent, if any, of any adjustment in the
Contact Price or Conrad Times that should be allowed as a result of such other work, a Claim may be made therefore as
provided in Paragraph 10.05.
B. Contactor shall afford each other contractor who is a parry to such a direct contract, each utility owner, and Owner, if Owner is
performing other work with Owncr's employees, limpet and sate access to the Site, provide a reasonable opportunity fin the
introduction mid storage of materials and equipment aid the execution of such other work, arnd properly coordinate the Work widr
theirs. Connactor shall do all cutting, fining, and patching of the Work that may be required to properly connect or otherwise
make its several pays come together and lnoperly intcg etc with such otherwork. Conuracon shall not endanger any wink of others
by cutting excavating, of otherwise altering such work; provided, however, that Contractor may cut or alter oaters' work with ate
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written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Connector under this
Paragraph arc for the benefit of such utility owners and other contractors to the extent that there arc comparable provisions for the
benefit ofConbractor in said direct contacts between Owner and such ut lity owners and other conbactors.
C. If the proper execution or results of any part of Conti actor's Work depends upon work performed by others under this Article 7,
Contactor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such
other work that render it unavailable or unsuitable for die proper execution mid results of Contractor's Work. Contractor's failure
to so report will constitute an acceptance of such other work as fit and proper for intco ation with Contractor's Work except for
latent defects and deficiencies in such other work.
7.02 COOrdinati"n
A. If Owner intends to connect with others for the performance of other work on the Project at the Site, the following will beset forth
in Supplementary Conditions:
1. the individual or entity who will have authority mid responsibility for coordination of the activities anong the various
contractors will be identified;
2. the specific matters to be covered by such authority and responsibility will be itemized; and
3. the extent of such authority and responsibilities will be provided.
B. Unless otherwise provided in the Supplementary Conditions, Ownca shall have sole authority and responsibility fin such
coordination.
7.03 Legal Relationships
A. Paagraphs 7.0I.A and 7.02 are not applicable for utilities not under the control of Owner.
B. Each other dtrect contract of Owner under Paragraph TOL.A shall provide that the other contractor is liable to Owner and
Contactor for the reasonable direct delay and disruption costs insured by Contractor as a result of the other contractor's wrongful
actions or inactions.
C. Contactor shall be liable to Owner and any other amtractot under direct contract to Owner for the reasonable direct delay and
disruption costs insured by such other contractor as a result of Cono'actoi's wrongful action or inactions.
ARTICLE 8 — OWNER'S RESPONSIBILITIES
8.01 Comrnunicatious to Contractor
A. Except as otherwise lnatided in these Gcmual Conditions, Owner shall issue all communications to Contractor through Engineer.
8.02 Replacement of Engineer
A. In case of termina ion of the tuiploym.:nt of Engineer, Owner shall appoint an eulgineer to whore Contractor makes no reasonable
objection, whose status under the Contact Documents shall be that of the former Engineer.
8.03 Furnish Data
A. fhvocn shall promptly fiunish the data required of Owner under the Contract Documents.
8.04 I'av When Due
A. Owner shall trakc payments to Contractor when they are due as provided in Paragraphs 14.02.0 mid 14.07.C.
8.05 Lands and Rasemenls; RepmYs and Tesu
A. Owner's dutics with respect to providing lands and casements and providing engineering surveys to establish reference points an:
set forth in Paragraphs 4.01 and 4.05. Paiagniph 4.02 refers to Owne's identifying and making available to Contractor copies of
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reports of explorations mid tests of subsurface conditions mud drawings of physical conditions relating to existing surface of
subsurface structures atthc Site.
8.06 Insurance
A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set torth in Article
5.
8.07 Change Orders
A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03.
8.08 Inspections, Teets, anddppruvals
A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B.
8.09 Limitations on Owner's Responsibilities
A. The Owner shall not supervise, direct, or have control or audmrity over, nor be responsible for, Contractor's means, methods,
techniques, sequences, or proccdttres of construction, or the safety precautions and programs incident thereto, or for any failure of
Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for
Contactor's failure to perform the Wodc in accordance with the Contract Documents.
8.10 Undisclosed Hazardous Environmental Condition
A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set torch in Paragraph 4.06.
8.11 Evidence n{Financial 4 rrangemente
A. Upon request of Contractor, Owner sliall furnish Contractor reasonable evidence drat financial arrangements have been made to
satisfy Owner's obligations under the Contract Documents.
8.12 Compliance i vith Safety Rroa-am
A. While at the Site, Owna's employees and npicscntatives shall comply with the specific applicable requirements of Conuractor's
safety pfogranis of which Owner has been informed pmsuanl to Paragraph 6.13.D.
ARTICLE 9—ENGINEER'S STATUS DURING CONSTRUCTION
9.01 Owneds Representative
A. Engineer will be Owner's representative dialog the coustolttiou period. The duties and responsibilities and are limitations of
authority of Engincer as Owner's representative during construction are set forth in the Contract Documents.
9.02 Visits to Site
A. Engincer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in
order to observe as an experienced and qualified design professional the progress that has been made and are quality of the various
aspects of Contractor's executed Work. Based on inforrnation obtained during such visits and observations, Engineer, far the
benefit of Owner, will determine, in gc-ncial, if the Work is proceeding in accordance with the Cono'act Documents. F.ni nccr will
not be required to make exhaustive or continuous inspections oil the Site to check the quality of quantity of die Work. Engineer's
efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally
to the Contract Documents. On the basis of such visits and observations, Eno nccr will keep Owner informed of the progress of the
Work and will endeavor to guard Owner against defective Work.
R. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in
Paragraph 9.09. Particularly, but without tin nation, during or as a result of Engineer's visits or observations of Contractor's Work,
Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques,
sequences, or procedures of const rction, or the safety precautions and programs incident thncto, or for any failure of Contractor
to comply with Laws :urd Regulations applicable to die performance of the Work.
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9.03 PP oject Representative
A. if Owner and Engineer afnee, Engineer will furnish a Resident Project Representative to assist Engineer in providing more
extensive observation of the Work. Tile authority mud responsibilities of any ,such Resident Project Representative mud assistants
will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in
Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's
consultant, agent or employee, the responsibilities mud authority mid limitations thereon of such other individual or entity will be
as provided in the Supplcrnentary Conditions.
9.04 Authorized Variations in Work
A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an
adjustment in the Contract Price or the Contract Times mud are compatible with the design concept of the completed Project as a
fitnctioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on
Owner and also on Contractor, who shall perfomh the Work involved promptly. If Owner or Contractor believes that a Field Order
justifies all adjustment in the Contract Price or Contract Times, or both, mud the parties are unable to agree on entitlement to or on
the amount or extent, if any, of any such adjustment, a Claim may be made therefore as provided in Paragraph 10.05.
9.05 Rejecting Defective Work
A. Engineer- will have authority to reject Work which Engineer believes to be detective, or that Engineer believes will not produce a
completed Project that conforms to the Contract Documents or- that will prejudice the integrity of the design concept of the
completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority, to require
special inspection or testing of die Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or
completed.
9.06 Shop Drairings, Change Orders and Paymeots
A. in connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samplcs, sec Paragraph 6.17.
B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in
response to a delegation of professional dcsigh services, if any, sec Paragraph 6.21.
C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12.
D. In connection widh Engineer's authority as to Applications for PaynhenL, see Article 14.
9.07 Delerminations %m Unit Price Ylbr-k
A. Engineer will dctcimine the actual quantities and classifications of Unit Price Wodc performed by Contractor. Engineer will
review with Con hactor the Engincca's preliminary, dcu-rriinations on such matters bchoc rcnduing a written decision thereon (by
reconuveudatiou of an Application for Payment or oaherwise). Engineer's written decision thereon will be final and bindhig
(except as modified by Engineer to reflect changed factual conditions Or more accurate data) upon Owner and Contractor, subject
to the provisions offsarigtaph 10.05.
9.08 Decisions on Requirements n{Contract Documents and Acceptahilfty of Wm'k
A. Engineer will be the initial interpreter of die requhonhenls of the ConracL Documents andjudge of the acceptability of die Work
thereunder. All matters in question and other mattes between Owner and Contractor arising prior to the date final payment is due
relating to the acceptability of the Work, and the interpretation of the rcquirctrcn[s of the Contract Documents pertaining to the
performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question.
R. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that
any such decision entides them to an adjustment in are Contract Price or Contract Times or boar, a Claim may be made under
Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced fin the purposes
ofPar agiapt) 10.05.R.
C. Engineer's written decision on the issue referred will be final and binding on Owne and Contractor; subject to the provisions of
Paragaph 10.05.
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D. When functioning as interpreter mid judge wider this Paragraph 9 I18, Engineer will not show partiality to Owner or Contactor
and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity.
9.09 Linviationv on Ere,;ioeer's authority and Recitonsibilitiev
A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any
decision trade by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking,
exorcise, or perfonnance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract,
tort, or otherwise owed by Engineer to Contractor, anv Subcontractor, anv Supplier, anv other individual or curry, or to any surety
for or employee or agent of auv of them.
B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques,
sequence,
, or procedures of construction, or the safety precautions mid programs incident thereto, or for any failure of Contractor
to comply with Laws and Regulations applicable to the performance of the Work. Emgimccr will not be responsiblc for
Contractor's tailm'e to perform the Work in accordance with the Contract Documents.
C. Engineer will not be responsible for the acts or omissions of Compactor or of any Subcontractor, any Supplier, or of any other
individual or entity performing any of the Work.
D. Engineer's review of tiro final Application for Payment and accompanying documentation and all maintenance and operating
instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be
delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the
case of to tificatcs of inspections, teats, and approvals that the results cc� rificd indicate compliance with, the Contact Documents.
E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project
RcIncscntativc, if any, and assistants, if wry.
9.10 Carnpliance with Safety Pin„ ram
A. While at die Site, Engineer's employees and representatives shall comply with die specific applicable requirements of Connector's
safety progranhs of which Engineer has been informed pursuant to Paagraph 6.13.D.
ARTICLE 10—CHANGES IN THE WORK; CLAIMS
10.01 Authorized Changes in the Wark
A. Without invalidating the Contract and without notice to any surety, Owner may, at anytime or from time to time, order additions,
deletions, or revisions in the Work by a Change Ordc,; or a Work Change Directive. Upon receipt of any such document,
Contractor shall promptly proceed with dhc Work iuvohcd which will be performed wider the applicable conditions of the
Contact Documents (except as otherwise specifically provided).
B. If Owner and Contactor are unable to agree on enlidemcnt to, or on the amount of extent, if airy, of all adj usmrent in dhc Contract
Price or Conrad Times, or both, that should be allowed as a result of a Work Change Diredive, a Claim may be made therefore as
provided in I'man aph 10.05.
10.02 Unauthorised Changes in the Work
A. Contractor shall not be entitled to art increase in the Contact Price or an extension of Use Contract Times whir respect to any work
performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04,
except in dhc case of an cmcrgcncy as provided in Paragraph 6.16 or in the case of uncovering Work as loovidcd in Paragraph
13.04.D.
10.03 F.recutian of Change Orders
A. Owner and Contractor shall execute appropriate Change Orders rocornmcnded by Engineer covering:
L changes in the Work which me: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of
defective Work under paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to
by tiro par tics;
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2. changes in die Contract Price or Contract Times which are agreed to by the patties, including any undisputed sou or amount
ofti me for Work actually performed in accordance with a Work Change Directive; and
3. changes in die Contract Price or Contract Time., which embody the substance of any written decision rendered by Engineer
pansuant to Patel aph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken fi'mn any
such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during
any such appeal, Connector shall cant' on the Work mid adhere to the Progress Schedule as provided in Paragraph 6.1 R.A.
10.04 Notification to Surety
A. If the provisions of any bond rcquirc notice to be given to a surety of any change affecting the general scope of the Work or the
provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such
notice will be Connector's responsibility. The aruouut of each applicable bond will be adjusted to reflect the effect of any such
change.
10.05 Claims
A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for
decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights
m remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims.
B. Notice: Written notice stating the general nature of each Clainh shall be delivered by the claimant to Engineer and the other party
to the Conh'act promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to
substantiate a Claim shall rest with dhc party malting dre Claim. Notice of dre amount or extent of the Claim, with supporting data
shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer
allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an
adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.13. A Claim for an adjustment
in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by
claimant's written statement that the adjustment claimed is the conic adjustment to which the claimant believes it is entitled as a
result of said event. The opposing party shall submit any response to Engineer and die claimant within 30 days after receipt of the
claimant's last submittal (unless Engineer allows additional time).
C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of die claimant or die
last submittal of the opposing party, if any, take one of the following actions in writing:
1. deny the Claim in whole or In pat;
2. approve the Claim; or
3. notify the parties that the Engineer is unable to resolve the Claim if, in the Ewineci's sole discretion, it would be
inappropriate for the Eno nccn to do so. Fro purposes ofturthcxresolution of the Claim, such notice shall be deemed a denial.
D. in the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied.
E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C3 or 10.05.1) will be final and
binding upon Owner and Contractor, unless Owner or Conuactot invoke the dispute resolution procedure set forth in Article 16
within 30 days of such action or denial.
F. No Claim for an adjustment in Contract Price or Connect Times will be valid if not submitted in accordance with this Paragraph
10.05.
ARTICLE 11—COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK
11.01 Cost of the Work
A. Costs Included: The tam Cost of the Work means the sure of all costs, except those excluded in Paragraph 11.01.R, necessarily
inured wad paid by Contractor in die proper performance of die Work. When die value of any Work covered by a Change Order
or when a Claim for an adjustment in Contract Prcc is determined on the basis of Cost of the Wnrk, the costs to be reimbursed to
Contactor will be only those additional or incremental costs required because of the change in the Work m because of the event
giving rise to die Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than
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those prevailing in die locality of the Project, shall not include any of the costs- itemized in Paragraph 11.01.13, and shall include
only the following items:
Pavroll costs for employees in the direct employ of Contractor in the performance of die Work under schedules of job
classifications ao'ccd upon by Owncr and Contractor. Such employees shall include, without limitation, suptaintcrolcr s,
foremen, and other personnel einploved hill time on the Work. Payroll costs tar employees not employed null time on the
Work shall be apportioned on the basis of their time spent on the Work. Payroll casts shall include, but not be limited to,
salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise,
and pavroll taxes, workers' compensafion, health and retirement benefits, bonuses, sick leave, vacation and holiday pay
applicable thereto. The expenses of perfoaning Work outside of regulu- working horns, on Saturday, Sunday, of legal
holidays, shall be included in the above to the extent authorized by Owner.
2. Cost of all materials mid equipment furnished mid incorporated in die Work, including costs of transportation mid storage
thuaof, and Suppliers' field services required in connection thuawith. All cash discounts shall accrue to Contractor unless
Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner.
All Wade discounts, rebates mid refunds mid returns from sale of surplus materials mud equipment shall accrue to Owner, mid
Contractor shall make provisions so that they maybe obtained.
3. Pavments made by Contractor to Subcontractors for Work performed by Subcontactors. If required by Owner, Contractor
shall obtain competitive bids from subcontractors acceptable to Owncr and Connector and shall dclivia such bids to Owner;
who will dicn determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides drat
the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall
be determined in the same mannc-ras Contractor's Cost ofthe Work and hec as pr'ovidcd in this Paiagiaph 11.01.
4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, survevots, attorneys, and
accountants) employed for sciviccs specifically related to the Work.
5. Supplemental costs including the following:
a. The proportion of necessaryv transportation, navel, and subsistence expenses of Contractor's employees incurred in
discharge of duties connected with the Work-
b. Cost, including hansportation and uiandenance, of all materials, supplies, equipment, machinery, appliances, office, and
temporary facilities it the Site, and hand tools not owned by the wodcers, which are consumed in the performance of the
Work, and cost, less market value, of such items used but not consumed which remain the propca ly of Conti actoi.
C. Rentals of all construction equipment and machinery, and the puts thereof whether rented from Contactor or others in
accordance with rental agtacmcnts appiovcd by Own a with the advice of Eno nccr, and the costs of transportation,
loading, unloading, assembly, disniuilling, mid removal thereof. All such costs shall be in accordance with lire terms of
said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no
longer necessary tar the Work.
d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by
Laws and Regulations.
C. Deposits lost for causes other than negligence of Csmuactoi; any Subcontactrn, or anyone directly or indirectly
employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and
licenses.
f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise,
sustained by Contractor in comiectiou with die performance of the Work Icxcepi losses mid daniages within the
deductible amounts of property insurance established in accordance with Paragraph 5.061)), provided such losses and
damages have resulted from causes othci than the negligence of Contractor, any Subconn'actor; ca anyone directly or
indirecdy employed by any of them or for whose acts ary of them may be liable. Such losses shall include settlements
made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the
Cost of the Work for the purpose of determining Contracto's fec.
g. The cost of utilities,fuel, and sanitary facilities at the Site.
h Minor expenses such as iclegraiis, long distance telephone calls, telephotic service at the Site, express mud courier
services, and similar petty cash itcnhs in connection with the Work.
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i. The costs of premimns for all bonds mud insurance Contractor is required by the Contract Documents to purchase and
maintain.
B. Costs Excluded: The term Cost of the Work shall not include any of the following items:
1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole
proprietorships), general managers, safety managers, engiucers, architects, estimators, attorneys, auditors, accountants,
purchasing and eontr'acting agents, expediters, timekeepers, clerks, and other personnel employed by Conn actor, whether at
the Site or in Contractor's principal or branch office for general adminisoation of the Work and not specifically included in
the agreed upon schedule of job classifications referred to in Paragraph ILOLA.I or specifically covered by Paragraph
11.O1.A.4, all of which are to be considered administrative costs covered by the Contractor's fee.
2. Expenses of Contractor's principal mud branch offices other than Contractor's office at the Site.
3. Any pat of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges
against Contractor for delinquent payments.
4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for
whose acts any of them may be liable, including but not limited to, the cot-ection of defective Work, disposal of materials or
equipment wrongly supplied, and making good any damage to propery.
5. Other overhead in general expense costs of any kind and the costs of any item not specifically and expressly included in
Paragraphs 11.01.A.
C. Coatractods Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in
the Agiccaicot. When the value of any Work covered by a Change Order or when a Claim fur an adjusonnia-t in Contract Rice is
determined on the basis of Cost of die Work, Contractor's fee shall be determined as set forth in Parag aph 12.01.C.
D. Docamenialion: Whcricvcr the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and
11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and
submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data.
11.02 Allowances
A. it is undtistood that Contractor has included in the Conn act Price all allowances so named in the Contract Documents and shall
cause die Work so covered to be performed for such sums aid by such persons or entities as may be acceptable to Owner aid
Engineci:
B. Cash Allowances:
1. Contractorag,acs that:
a. the cash allowances include the cost to Contactor Qess any applicable nude discounts) of materials and equipment
required by the allowances to be delivered at the Site, and all applicable taxes; and
b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses
cootcrnplatcd for the cash allowances have been included in the Contract Price and not in the allowances, and no
demand for additional payruent oil account of any of die foregoing will be valid.
C. Contingency Allowance:
1. Contractor agroe; that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs.
D. Prior to final payuienl, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amommta due
Contractor on account of Work covered by allowances, and the Connact Price shall be correspondingly adjusted.
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11.03 UrtitPRace Mork
A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be
deemed to include for all Unit Price Work air amount equal to the sun of the unit price for each separately identified item of Unit
Price Wofktimcs the estimated quantity of each itcmr as indicated in the Agrccmrcnt.
B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids mud
determining an initial Contract Price. Dctct initiations of the actual quantities and classifications of Unit Price Work performed by
Contractor will be made by Engineer subject to the provisions of Paragraph 9.07.
C. Each unit price will be dccrncd to include an amount considered by Conti actor to be adequate to cover Contractor's overhead and
profit for each sepaatety identified item.
D. Owner or Contractor may rnakc a Claim for an adjustment in the Contract Rice in accordance with Parao aph 10.05 if.
1. the quantity of any item of Unit Price Work performed by Contractor differs materially mud significantly from the estimated
quantity of such item indicated in the Agreement; and
2. there is no corresponding adjustment with respect to any other item of Wodc; and
3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional
expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the
amount of any such increase or decrease.
ARTICLE 12 —CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES
12.01 Change gfCootract Price
A. The Contract Rice may only be changed by a Change Ordu: Any Claim for an adjustment in the Contact Price shall be based on
written notice submitted by the party making dre Claim to the Engineer and the other party to dre Contact in accordance with dre
provisions of Paragraph 10.05.
B. The value of any Work covered by a Change Order or of any Claim form adjustment in the Contract Price will be determined as
follows:
1. where the Work involved is covered by unit prices contained in die Contract Documents, by application of such unit prices to
the quantities of the items involved (subject o the provisions of Paragraph 11.03); or
2. where dre Work involved is 110l covered by unit prices contained in the Contact Documents, by a nmtually agreed lung sour
(which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or
3. where the Work involved is not covered by unit prices contained in One Contract Documents and agreement to a lump sum is
not reached under Paragraph 12.01.B2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01)
plus a Contractor's fee for overhead and profit (determined as yoovidcd in Pat ao aph 12.0I I.Q.
C. r 7woractodc Fee: The Crrouactor's fee for overhead and profit shall be determined as follows:
L a muualty acceptable fixed fee; or
2. if a fixed fee is not agccd upon, then a fee based on the following percentages of the various portions of the Cost of the
Work:
a. for costs incurred under Paragraphs 11.01.A.1 and 11.01.A2, the Contractor's fee shall be 15 percent;
b. for costs incurred under Paragraph 11.01.A.3, the Contractor's fee shalt be five percent;
C. where one or more tiers of subcontracts are on die basis of Costof the Work plus a fee and no fixed fee is agreed upon,
the intent of Paragraphs 12.O1.C.2.a and 12.O1.C2.b k that the Subumuactor who actually perfinrns the Work, at
whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subconoactor under Paragraphs 1 1.01.A.I
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mid 11.01 A2 mid that any higher tier Subcontractor mud Connector will each be paid a fee of five percent of die
amountpaid to the next lower tier Subcontractor;
d. no fee shall be payable on the basis of costa itemized under Paragraphs 11.0 LAA, 11.01.A.5, and 11.01.11;
e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be
the arnouut of the actual net decrease in cast plus a deduction in Contractor's fee by an arnomrt equal to five percent of
such net decrease; and
f. when both additions mud credits are involved in any one change, the adjustment in Connector's fee shall be computed
on the basis of the net change in accordance with Paragraphs 12.0l .C.2.a through 12.01.C.2.c, inclusive.
12.02 Change gfCmtract Times
A. The Contract Titres may mn1v be changed by a Change Order. Anv Claim tot an adjustment in the Contract Titres shall be based
on written notice submitted by the party making die Claim to the Engineer aid the other petty to die Contract ill accordance with
the provisions ofParagi aph 10.05.
B. Any adjustment of the Contract Times covered by a Change Order in any Claim for an adjustment in the Contract Times will be
determined in accordance with the provisions of this Article 12.
1203.Delavv
A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond die control
of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is trade
thcatoic as provided in Parao aph I2.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or
neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, thes,
floods, epidemics, abnormal weather conditions, or acts of God.
B. If Owner, Engineer, or other contractors or utility owner perlonning other work for Owner as contemplated by Article 7, or
anyone for wham Owner is responsible, delays, disrupts, in interferes with the performance or- progress of the Wok, then
Contractor shall be entitled to an equitable adjustmcnr in the Contract Price or the Contract Times, of both. Connaacim's
entitlement to an adjustment of die Contract Times is conditioned on such adjustment being essential to Conractor's ability to
complete the Woik within the Contract Times.
C. If Contractor is delayed in the performance or progress of die Work by fie, Rood, epidemic, abnormal weather conditions, acts of
God, acts or failuros to act of utility owners not under the control of Owner, or other causes not the foul[ of and beyond control of
Owner and Contractor, then Conn'aceu shall be entitled to an equitable adjustment in Connect Times, if such adjustment is
essential to Contractor's ability to complete die Work within die Contract Times. Such an adjustment shall be Connector's sole
and exclusive remedy far the delays described in this Paragraph 12.03.C.
D. Owner, Engineer, and their officers, directors, members, partners, employees, agelt[s, (mnsulkm[s, of subcontractors shall not be
liable to Crmmactor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers,
architects, attonocys, and other professionals and all court or arbitration m other dispute resolution costs) sustained by Contractor
on or in connection with any other project or anticipated project.
E. Connector shall not be entitled to an adjustment in Conn act Rice or Contract Times too delays within the control of Conn'actoo.
Delays attributable to mid within the control of a Subcontractor or Supplier shall be deemed to be delays within the emitted of
Contiactn.
ARTICLE 13 —TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF AFFECT VE WORK
13.01 NoticeafDefeels
A. Prompt notice of all defective Woik of which Owner or Engineer has actual knowledge will be given to Contractor. Defective
Work may be rejected, conacted, or accepted as provided in this Articic 13.
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13.02 AccessIf) Mock
A. Owner, Engineer, their consultants and other i piesentatives and personnel of Owner, independent testing laboratories, and
govenuneutal agencies with jurisdictional interests will have access to the Site mid the Work at reasonable times for their
observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of
Contractor's safety procedures and programs so that they may comply therewith as applicable.
13.03 Tests and lnspectians
A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals mid shall
cooperatc with inspection and testing per sound to fatil irate ivquiivd inspections or tests.
B. Owner shall employ mid pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals
required by the Contract Documents except:
1. for inspections, tests, or approvals covered by Paragraph, 13.03.0 mid 13.03.1) below;
2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided
in Paragraph 13.04.C; and
3. as otherwise specifically prodded in the Contact Documents.
C. If Laws or Regulations of any public body having jurisdiction icgtiirc any Work (or pat thereof) specifically to be inspected,
tested, or approved by an employee or oilier representative of such public body, Contactor stiall assume full responsibility for
aranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and famish Engineer the
rcgttircd certificates ofinspcction or approval.
D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or
approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or
acceptance of materials, tnix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation
in the Work. Such inspections, tests, or approvals shall be performed by mganizations acceptable to Owner and Engineer.
E. If any Work (or die work of others) that is to be inspected, tested, or approved is covered by Contactor without written
concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation.
F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contactor has given Engineer lonely
notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such
notice.
13.04 Uncovering 6Fark
A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's
observation and replaced at Contractor's expense.
B. If Engineer considers it necessary or advisable drat covered Work be observed by Engineer or inspected or tested by others,
Contacts, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as
Engineer mayicgtiirc, thatponion of the Work in question, ftunishing all necessary labor, material, and equipment.
C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not
limited to all tees and charges of engineers, architects, attorneys, and other professionals and all court or arbioation or other
dispute resolution casts) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, mid of
satisfactory replacement or reconstruction (including but not limited to all costs of repair or replaccnnent of work of others); and
Owner shall be entitled to an appropriate dccrcascin the Contact Price. If the parties are unable to as cc as to the amount thereof,
Owner may make a Claim therefore as provided in paragraph 10.05.
D. if the uncovered Work is not found to be defective, Contactm shall be allowed an increase in the Contract Price or an extension
of the Contact Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement,
and reconstruction. If the parties arc unable to agree as to the amount or extent thereof, Contractor may make a Claim therefore as
provided in Paragraph 10.05.
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13.05 Owne-Map Stop the Work
A. if the Wm$ is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to
perform the Work in such a way that die completed Work will conform to the Contract Documents, Owner may order Contractor
to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop
the Work shall not give rise to any duty on the pat of Owner to exercise this right for the benefit of Contractor, any Subcontractor,
any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them.
13.06 C0Trection of Removal vj Dejeetive Wm'k
A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or
completed, or, if the \work has been rejected by Engineer, remove it ti'ont the Project and replace it with Work that is not defective.
Contractor shall pay all claims, costs, losses, aid damages (including but not lunited to all fees aid cltages of engineers,
achitccts, atomcys, and other In and all court or arbitration or other dispute resolution costs) wising out of or relating
to such correction or removal (including but not limited to all costs of repair or replacement of work of others).
B. When conaetng defective Work under the tams of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that
would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work.
13.07 Cot ,echon Period
A. if within one year after the date of Substantial Completion (or such longer period of time a9 may be prescribed by the terns of any
applicable special gaxamcc required by the Conn'act Documents) or by any specific provision of the Confiact Documents, any
Work is found to be defective, or if the repair of any damages to the land or areas made available for Conhxctor's use by Owner or
permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to be defective, Contractor shall promptly,
without cost to Ownci and in accordance with Ownct's written instructions:
1. repair such defective land ar areas; or
2. correct such defective Work; or
3. if the defective Work has been rejected by Ownca, remove it from the Project and replace it with Work that is not defective,
and
4. satisfactorily correct or repair or remove, and replace any damage to other Work, to the work of others or other land or areas
resulting therefrom.
B. if Contractor does not promptly comply with the terms of Owncr's written instructions, or in an cmugcncy when: delay would
cause serious risk of loss or dantage, Owner may have the defective Work corrected or repaired or may have die rejected Work
removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all covet or abihalion or other dispute resolution costs) arising out oforrelatin,
to such correction or repair or such removal aid replacement (including but not trollied to all costs of repair or replacement of
work of others) will be paid by Contractor.
C. In special ctrcunstamces where a particular item of equipment is placed in continuous service before Substantial Completion of all
the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications.
D. Where defective Work (and dmnage to other Work resulting dtetefroni) has been corrected or removed and replaced under this
Paragrre raph 13.07, the cot period hereunder with respect to such Wodc will be extended for an additional period of one year
after such correction or removal and replacement has been satisfactorily completed.
E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this
Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or
repose.
13.08 AcceptanceofDefective Wark
A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's
recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses,
aid damages (including but not limited to all fees aid charges of engineers, architecu, attorneys, and caret professionals mid all
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court or arbitration or other dispute resolution costs) attributable to Owner's- evaluation of mud detcrnninatron to accept such
defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the
extent not otherwse paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's
reconuncudatron of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Docuruent9
with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Conn act Price, reflecting the diminished
value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefore as
provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by
Contractor to Owner.
13-09 Owner May Correct Defective Work
A. If Contractor fails within a reasonable time after vmitten notice from Engineer to correct detective Work, or to remove and replace
rejected Work as required by Engineer in accordance with Paragraph 13.06A, or if Contractor fails to perform the Work in
accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents,
Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency.
B. In exercising the rights and remedies under this Paao aph 13.09, Owncr shall proceed expeditiously. In connection with such
corrective or remedial action, Ov ra may exclude Contractor front all or part of the Site, take possession of all or part of the Work
and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and
machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid
Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees,
Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and
remedies under this Paragraph.
C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbination or other dispute resolution costs) incurred or sustained by Owner in exercising the
tights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued
incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an
appropriate decrease in the Contract Ricc. If the parties arc unable to ag� ec as to the amount of the adjustment, Owner may make a
Claim therefore as provided in Paagraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs
of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective
Work.
D. Contractor shall not be allowed an extension of the Contract Times because of my delay in the performance of the Work
attributable to the exercise by Owncr of Ownca's rights and remedies tinder this Paagraph 13.09.
ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION
14-01 Schedule of Values
A. The Schedule of Values established as pr-ov'idcd in Paragraph 2.07.A will serve as the basis for progcss payments and will be
incorporated into a form of Application lot Payment acceptable to Engineer. Progress payments on account of Unit Price Work
will be based on the number of units completed.
14-02 Progress Pay meats
A. ApplicationsJm Pa}mtenis:
At [cast 20 days before the date, established in the Agreement for cacti progress payment (but not more often than owe a
month), Contractor shall submit to Engineer for rcv'icw an Application for Payment filled out and signed by Contractor
covering the Work completed as of are date of die Application aid accompaned by such supporting docurrentation as is
required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the
Work but dclivcrcd and suitably stored at the Sitc or at another location aDccd to in writing, the Application for Payment
shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials
and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property
insurance or other arrangements to footcct Owne's interest therein, all of which must be satisfactory to Owner.
2- Beginning with the second Application for Payment, cacti Application shall include an affidavit of Contractor stating that all
picvious pnigtess payments rcecivcd on account of the Work have been applied on account to discharge Contractor's
legithvate obligations associated with prior Applications for Payment.
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3. The a iouut of retainage with respect to progress payments- will be as stipulated in the Agreement
R. Review of Applications:
L Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of
payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's
reasons for refusing to reconmrend payment. In the latter case, Connector may make the uecessaty corrections aid resubnit
the Application.
2. Engineer's teconanerdatiou of any payment requested in an Application for Payment will constitute a representation by
Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design
professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, drat to the
best of Engineer's knowledge, information mud belief.
a. the Work has progressed to the point indicated;
b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as
a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the
Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07,
and any other qualifications stated in the recommendation); and
C. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is
Enginee's responsibility to observe the Work.
3. By recommending any such payment Engineer will not drereby be deemed to have represented that
a. inspections made to check the quality or the quantity of the Work as it has been perfonried have been exhaustive,
extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the
responsibilities specifically assigned to Engincerin the Contract Documents; or
b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by
Owner m entitle Owner to withhold payment to Contractor.
4. Neither Engineer's review of C nviraor's Work for the purposes of recommending payments not Engineer's
recommendation ofany paymc-nt, including final payment, will impose responsibility on Engineer:
a. do supervise, direct, orcontiol the Work, or
b. for die means, methods, techniques, sequences, or procedures of construction, or are safety precautions mid programs
incident thereto, or
C. for Coudactor's failure to comply with Laws mid Regulations applicable to Contractor's performance of the Work, of
d to make any examination to ascertain how or for what purposes Contactor has used the moneys paid on account of the
Coudact Price, or
C. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens.
5. Engineer may refuse to reconuncnd the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to
make the representations to Owner stated in Paragraph 14.02.R.2. Eno ncci may also refuse to recommend any such payment
or, because of subsequently discovered evidence or the results of subsequent inspections of tests, revise or revoke any such
payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from
loss because
a. the Work is defective, or completed Work has been damaged, requiring cot renon or replacement;
b. the Contract Price has been reduced by Change Orders;
C. Owner has been required to correct defective Work or complete Wink in accordance with Paragaph 13.09; or
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d Engineer has actual knowledge of the occurrence of any of the events enurnerated in Paragraph 15.02.A.
C. Payment Recomes Due:
L Lon days after presentation of the Application for Payment to Owner with Engince's recommendation, the amount
recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Ovrfer to
Contractor.
D. Reduction in Payment:
L Owner may refuse to make payment of the full amount recommended by Engineer because:
a. claims have been made against Owner on account of Connector's performance or furtu,hing of the Work;
b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satistactm'y to
Owner to secure the satisfaction mid discharge of such Licns;
C. there are other items entitling O�xrner to a set-off against the amount recommended; or
d. Owncn has actual knowledge of the ovearomcc of any of the events mumcaated in PaiaDaphs 14.02.B.S.a through
14.02.BS.c or Paragraph 15.02.A.
2. If Otnmcr rchiscs to make payment of the hill amount ncommc ulcd by Enginecr, Ownc-r will give Conhactor immediate
written notice (wsdi a copy to Engineer) stating the reasons for such action and promptly pay Contractor any anormt
remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any
adjustment thcicto agiccd to by Ownci and Contractor, when Conhactoi remedies the icasons on such action.
3. Upon a subsequent determination that Owner's refusal of payment was notjustified, the amount wrongfully withheld shall be
heated as an amount due as dctc-rmincd by Paiagi aph 14.02.C.1 and subject to interest as provided in the Agi ccmcnr.
14.03 Cworaetods Wmrcmty of Title
A. Contractor warrants and guarantees drat title to all Work, materials, and equipment covered by any Application for Payment,
whether incorporated in the Projector not, will pass to Owner no later than the time of payment free and clear of all Liens.
14.04 Substantial Completion
A. When Contractor considers the mairc Work ready for its intended rise Contractor shall notify Ownci and Engiaci:i in writing that
the entire Work is substantially complete (except far items specifically listed by Contractor as incomplete) mid request that
Engineer issue a certifcatc of Substantial Completion.
B. Promptly after Contractor's notification, Owner, Contractor, mid Engineer shall make an inspection of Lire Work to determine fire
grams of completion. If Engineer does not consider the Work substantially complete, Enginecr will notify Contiacnn in writing
ving thcrcasons thuctorc.
C. if Enginecr considers the Work substantially complete, Enginecr will deliver to Owner a tentative ecnificate of Substantial
Completion which shall fix the date of Substantial Completion. Theo shall be attached to the cotifcatc. a tentative list ofitcros to
be completed or corrected before final payment. Owner shall have seven days after receipt of die tentative certificate during which
to make wnnen objection to Engineer as to any provisions of the certificatc or attached list If, after considering such objections,
Enginecr concludes that the Work is not substantially complete, Enginecr will, afthin 14 days after submission of the tentative
certi icatc to Owner, notify Contractor in writing, stating die reasons therefore. If, alter cornsidetatioo of Owner's objections,
Enginecr considers the Work substantially complete, Enginecr will, within said 14 days, execute and deliver to Owner and
Contactor a definitive ccitificatc of Substantial Completion (with a revised tentative list of items to be completed or corrected)
reflecting such changes from die tentative certificate as Engineer believes justified alter consideration of any objections from
Owner.
D. At the [fine of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a
written recommendation as to division of responsibilities pending final payment between (honer and Contiacnrr with respcet to
security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees.
Unless Owner mid Contractor agree otherwise in writing mud so inform Engineer in writing prior to Engineer's issuing die
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definitive certificate of Substantial Completion, Engineer's aforesaid reconuneudation will be binding on Owner aid Contractor
until final payment.
E. Owner shall have fire right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing
Contractor reasonable access to remove its propcaty and complca. or comfit items on the tentative list.
14.05 Partial Utilcawni
A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which
Ira., specifically been identified in fire Contract Docmnents, or which Owner, Engineer, mud Contractor agree constitutes a
separately fiunctioning and usable pat of the Work that can be used by Owner for its intcndcd purpose without significant
interference with Contractor's pertbnnance of the remainder of the Work, subject to the following conditions:
1. Owner at any time may request Contactor in writing to pennit Owner to use or occupy any such part of the Work which
Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees drat such part of
the Work is substantially complete, Contractor, Owner, mud Engineer will follow the procedure., of paragraph 14.04.A
through D for that part of the Work.
2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready
for its intended use and substantially complete and rcgttcst Engineer to issue a certificate of Substantial Completion for that
part of the Work.
3. Within a reasonable time after either such request, Ownca; Conn actor, and Era ncci shall make an inspection of that part of
the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially
complete, Engineer will notify Owner and Contractor in writing giving the reasons therefore. if Engineer considers that pat
of the Work to be substantially complctc, the provisions of Paagraph 14.04 will apply with respect to certification of
Substantial Completion of that pat of the Work and the division of responsibility in respect thereof and access diercto.
4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the rcgtuir-menG of
Paagaph 5.10 regarding property insurance.
14.06 Final hupecoon
A. Upon wiittcn notice from Contracmr that the entire Work or an agreed portion thcroof is complete, Engineer will promptly make a
final inspection with Owner and Conn actor and will notify Contractor in wri tin, of all particulars in which this inspection reveals
that the Work is incomplete or defective. Contractor shall ilnmediarely Like such measures as are necessas, to complete such Work
or remedy such deficiencies.
14.07 Final Pavmew
A. 4pplicalion for-Ya�vnnenl.
L After Contactor has, in the opinion of Engineer, satisfactorily completed all conditions identified during the final inspection
and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules,
guarantees, bonds, certificates or other evidence of insurance, certificates of uispecdon, marked -up record documents (as
provided in Paragraph 6.12), and other documents, Crmtraetor may make application for foal payment following the
procedure ton pion ess payments.
2. The final Application for Payment shall be accompanied (cxeept as previously delivered) by:
a. all documentation called for in die Contract Docunenu, including but nor floured to are evidence of insurance required
by Paragraph 5.04.13.6;
b. consent of die surely, if any, to final payment;
C. a list of all Claims against Owner that Contactor bclicvw arc unsettled;and
d- complete and legally effective rolcascs or waivers (satisfactory to Owner) of all Licn rights wising out of or Liens filed
in connection with the Work.
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In lieu of the releases or waivers of Licus specified in Paragraph 14.07.A.2 mud as approved by Owner, Contractor may
furnish receipts or rcicascs in full and an affidavit of Contractor that (i) the releases and receipts include all labor, services,
material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other
indebtednress connected with the Work for which Owner might in any way be responsible, or which might in any way result
in liens m other burdens on Owner's property, have been paid or otherwise satisfied. If any Subeontiacon m Supplier fails to
furnish such a release or receipt in full, Connector may famish a bond or other collateral satisfactory to Owner to indemnify
Owner against any Lien.
B. EttSineer's Revietr oJApplicatimr aril Acceptance:
If, on the basis ofEnginccr's observation ofthe Work daring construction and final inspection, and Engmcc-r's review ofthc
final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is
satsficd that the Work Ira., been completed aid Contractor's other obligations wider the Contract Docunents have been
frilfillcd, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineers
recommerdaton of payment and present the Application for Payment to Owner for payment. At due same time Engineer will
also give written notice to Owner mid Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09.
Otherwise, Engineer will rcltnm the Application for Payment to Contractor, indicating in writing the reasons for rclusing to
recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for
Payment.
C. Payment Becomes Due:
L Thirty days after the presentation to Owner of the Application on Payment and accompanying documentation, the amount
recomtncrded by Engineer, less any sum Owner is entitled to set off against Engineer's reconnnendation, including but not
limited to liquidated damages, will become due and will be paid by Owner to Contractor.
14.08 Final Completion Delayed
A. if, t ocoagh no fault ofConn 'acim; final completion of the Work is significantly delayed, and ifEnginecr so confirms, Owncr shall,
upon receipt of Contractor's final Application for Pavinant (for Work hilly completed and accepted) and reconnmendaton of
Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and
accepted. if the remaining balance to be held by 0wrcr for Work not hilly completed or conacted is less than the retainage-
stipulated in the A ueemeny and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to
the payment of the balance due fur- that portion of the Work fully completed and accepted shall be submitted by Contractor- to
Engineer with the Application fur such payment. Such payment shall be made under the tams and conditions governing final
payment, except that it shall not constitute a waiver of Claims.
14.09 Waiver of Claims
A. The making and acceptance of final payment will constitute:
a waiver of all Claims by Owner against Corhaclor, except Claims arising from unsettled Liens, from defective Work
appealing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the
tams of any special guarantees specified therein, in fibm Corwactm's continuing obligations under the Con hact Documents;
will
2. a waiver of all Claims by Contactor against Owncr other than those pimously made in accordance with the rcgttircmcnts
herein and expressly acknowledged by Owner in writing as still Unsettled.
ARTICLE 15—SUSPENSION OF WORK AND TERMINATION
15.01 Owner- May .Su.cpen d Work
A. At any litre mid without cause, Ownner nray suspend die Work or any portion thereof for a period of not more than 90 consecutive
days by notice in writing to Contractor and Engineer which will fix the date (in which Work will be resumed. Contractor shalt
resume the Work on the date so fixed. Contractor shall be granted an adjustncmt in the Contract Rice in an extension of the
Contact Tunes, or both, directly attributable to any such suspension if Contractor makes a Claim therefore as provided in
Paragraph 10.05.
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15.02 Owner Map TerminateJbr Cause
A. The occurrence of any one or more of the following events will justify terminator for cause:
1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to,
failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule
established wider Paragraph 2.07 as adj ustcd from time to tune pursuant to Paragraph 6.04);
2. Contractor's disregard of Laws or Regulations of anv public body having jurisdiction;
3. Contractor's repeated disregard of the authority of Engineer; m
4. Contractor's violation in any substantial way of any provisions of the Contract Docmuents.
B. If one or more of the events identfied in Paragraph 15.02A occur, Owner may, after giving Contractor (and surety) seven days
written notice of its intent to termdnate the services of Connector:
1. exclude Contactor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction
equipment, and machinery at the Site, and use the same to the full extent they could be used by Contactor (without liability
to Contractor for trespass w convcasimi);
2. incorporate in the Wink all materials and equipment stored at the Site or for which Owner has paid Contractor but which are
stored elsewhere; and
3. complete the Work as Owner may deem expedient.
C. If Owner proceeds as provided in paragraph 15.02.13, Contactor shall not be entitled to receive any fm-dher payment until the
Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not
limited to all tees and charges of engineers, architects, attorneys, and other professionals and all court w arbitration w whet
dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to
Contactor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor Shall pay the difference to Owner.
Such claims, costs, losses, and damages ineuncd by Ownci will be reh'icwcd by Engineer as to their rcasonablc-ncss and, when so
approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph, Owner shall
not be required to obtain the lowest price for the Work performed.
D. Notwithstanding Paragraphs 15.02.B aid 15.02.C, Contractor's services will not be terminated if Connector begins within seven
days of receipt of notice of intent to terminate to correct its failure to peif o in and proceeds diligently to cure such failure within no
more than 30 days ofrecciptofsaidnoticc.
E. Where Contmctor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner
against Contractor then existing or which may thercaftci accrue. Any retention in payment of moneys due Contactor by Ownci
will not release Contractor from liability.
F. if and to the extent that Contactor has provided a pc-rtbrmancc bond undci the provisions of Paragraph 5.0l .A, the termination
procedures of that bond shall supersede the provisions of paragraphs 15.02.B mid 15.02.C.
15.03 Owner- May Tenninale Far- Convenience
A. Upon seven days written notice to Contractor and Engineer; !tuner may, without cause and without prejudice to any other right or
remedy of0woci, terminate the Contact. In such case, Contactor shall be paid for (without duplication of any items):
L completed and acceptable Wwk executed in accordance with the Contract Document; prior to the effective date of
termination, including fair and rcasonablc sums on overhead and profit on such Work;
2. expenses sustained prior to the effective date of termination in performing services and fiinishing labor, materials, or
equipment as required by the Contact Documents in connection with uncompleted Work, plus fair and rcasonablc sums for
overhead and profit on such expenses;
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3. all clauns, costs, losses, aid damages (including but not limited to all fees- mid charges of engineers, architects, attorneys, mid
other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts
with Subcontractors, Supplic-is, and others; and
4. reasonable expenses directly attributable to termination.
B. Contractor shall not be paid on account of loss of anticipated profit., or revenue or other ecoionvc loss aieing out of or resulting
from such tcirnination.
15.04 Contractor-Mav Stop Wo, k or Terminate
A. If, through no act or fault of Contractor, (i) the Work is suspended tar more than 90 consecutive days by Owner or under an order
of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submtted,
or (in) Owner fails for 30 days to pay Contractor any sum finally dcoa mined to be due, then Contractor may, upon seven days
written notice to Owner and Engineer, and prodded Owner or Engineer do not remedy such suspension or failure within that time,
terminate the Contract mid recover from Owner payment on the sari terms as provided in Paragraph 15.03.
B. In lieu of reanimating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an
Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sour final ly
dctctmined to be due, Conhactor may, seven days after written notice to Owner and Engineer, stop the Work until payment is
made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to
preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contact Price or Contract Times or
otherwise for cxfoar cs or damage directly attributable to Conuactor's stopping the Work as permitted by this Paragraph.
ARTICLE 16—DISPUTE RESOLUTION
16.01 Methods and Procedures
A. Either Owner or Contactor may request mediation of any Claim submitted to Engineers for a decision under Paag iph 10.05
before such decision beconhes final and binding. The mediation will be governed by are Construction Industry Mediation Rules of
the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be
submitted in whiting to the American Arbitration Association and the othci parry to the Contract. Timcly submission of the request
shall stay the effect of Paragraph 10.05.E.
B. Owner and Contactor shall participate in the mediation rocess in good faith. The process shall be concluded within 60 days of
filing of die request The date of termination of one mediation shall be determined by application of die mediation rules referenced
above.
C. If the Clahv is not resoh ed by nhediatiou, Engineer's action wider Paragraph 10.05.0 or a denial purstraru to Paragraphs 10.05.C3
or IQOS.D shall become final and binding 30 days after termination Of the mediation unless, within that time period, Owner or
Contactor:
L elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or
2. agrees wide die order party to submit die Claim to aiodner dispute resolution process; of
3. gives written notice to the othci party of the intent to submit the Claim to a court of compctentjurisdiction.
ARTICLE 17—MISCELLANEOUS
17.01 Giving Notice
A. Whenever any provision of the Contract Documents requires the giving of written noticc, it will be deemed to have been validly
given if.
L delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom itis intended; or
2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the
notice.
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17.02 Computation of Times
A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the
last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law
of the applicablcitrrisdiction, such day will be omitted fi'om the computation.
17.03 Cumulative Remedies
A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties
hereto are in addition to, mud are not to be construed in any way as a Intonation of, any rights aid remedies available to any or all of
them which arc otherwise imposed or available by Laws or Rco tlations, by special warranty or guarantee, or by other provisions
of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract
Documents in connection with each particular duty, obligation, right, mid remedy to which they apply.
17.04 Survival of Obligations
A. All representations, indemnifications, warranties, and gimiantccs made in, required by, or given in accordance with the Contract
Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and
acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor.
17.05 Controlling Lraiu
A. This Confiact is to be governed by the law of the state in which the Picicct is located.
17.06 Headings
A. Article and paragraph headings are inserted tar convenience only and do not constitute parts of these General Conditions.
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SUPPLEMENTARY CONDITIONS
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SUPPLEMENTARY CONDITIONS
TABLE OF CONTENTS
ARTICLE
PAGE NO.
GENERAL......................................................................................................................................
SC-1
1
Definitions and Terminology..............................................................................................
SC-1
2
Preliminary Matters...........................................................................................................
SC-1
5
Bonds and Insurance........................................................................................................
SC-2
6
Contractor's Responsibilities.............................................................................................
SC-5
9
Engineer's Status During Construction.............................................................................
SC-6
10
Changes in the Work; Claims...........................................................................................
SC-7
11
Cost of the Work; Allowances; Unit Price Work................................................................
SC-7
12
Change of Contract Price; Change of Contract Times .....................................................
SC-8
13
Tests and Inspections; Correction, Removal or Acceptance of Defective Work ..............
SC-8
14
Payments to Contractor and Completion..........................................................................
SC-8
15
Suspension of Work and Termination...............................................................................
SC-10
17
Miscellaneous...................................................................................................................
SC-10
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SUPPLEMENTARY CONDITIONS
GENERAL
These Supplementary Conditions amend or supplement the "Standard General Conditions of the Construction
Contract" (EJCDC No. C-700, 2007 Edition) and other provisions of the Contract Documents as indicated
below. All provisions which are not so amended or supplemented remain in full force and effect.
The terms used in these Supplementary Conditions will have the meanings indicated 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.
ARTICLE 1 - DEFINITIONS AND TERMINOLOGY
SC 1.01 Defined Terms
SC 1.01.A.19
Add the following language at the end of the definition entitled "ENGINEER":
Whenever the word ARCHITECT is used in the Specifications, it shall have the same meaning as the
word ENGINEER as defined.
ARTICLE 2 - PRELIMINARY MATTERS
SC 2.05. Before Starting Construction
Amend the first sentence of paragraph 2.05.13.3 by inserting the words "except for Unit Price Work," at the
beginning of the sentence.
SC 2.06. Preconstruction Conference
Add the following new paragraphs immediately after paragraph 2.06:
C. The conference will be held at a location selected by OWNER and shall be attended by:
1. CONTRACTOR's Office Representative.
2. CONTRACTOR's Resident Superintendent.
3. CONTRACTOR's Safety Representative.
4. Subcontractors' or Suppliers' representatives whom CONTRACTOR may invite or
ENGINEER may request.
5. OWNER's Representatives.
6. ENGINEER's Representatives and ENGINEER's Consultants as ENGINEER may
invite.
7. Local Utilities Representatives.
D. A suggested format would include, but is not be limited to:
1. Project safety.
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2. Presentation of the preliminary progress schedule.
3. Liquidated damages.
4. Procedures for handling submittals such as product Data, Shop Drawings and other
submittals.
5. Direction of correspondence, and coordinating responsibility between
CONTRACTORS, if any.
6. Project meetings.
7. Equal opportunity requirements.
8. Laboratory testing of material requirements.
9. Procedures for inventory of material and equipment stored on -Site or off -Site if off -
Site storage is authorized.
10. Review schedule of values, application for progress payment, and progress payment
procedures.
11. Work Change Directive, Written Amendment, and Change Order procedures.
ARTICLE 5 - BONDS AND INSURANCE
SC 5.01. Performance, Payment, and Other Bonds
Add the following new paragraphs immediately after paragraph 5.01.A:
1. Maintenance Bond:
a. Before CONTRACTOR shall be entitled to receive final payment for Work, CONTRACTOR
shall provide OWNER with a Maintenance Bond in an amount equal to the Contract Price.
This bond shall be in addition to the Performance Bond.
b. The bond shall be written to comply with the provisions of paragraph 13.12 of the General
Conditions. If CONTRACTOR fails to comply within 10 days of OWNER's written
instructions, OWNER may proceed with correcting the defective Work, and the cast of such
corrections as described in paragraph 13.07.A will be recovered from CONTRACTOR or
from the surety by action brought in any court of competent jurisdiction, but may be brought
to a District Court in Iowa.
c. CONTRACTOR shall give notice to OWNER by registered mail not more than 4 months and
not less than 3 months prior to the expiration of the time established in Paragraph 13.07.A.
Add the following language at the end of Paragraph 5.01.C:
In addition, no further progress payments under the Agreement will be made by OWNER until
CONTRACTOR complies with the provisions of this paragraph.
SC 5.02. Licensed Sureties and Insurers
Add the following language at the end of paragraph 5.02.A:
Insurance companies shall have a VI or better rating by Best's Insurance Guide Rating.
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CONTRACTOR'S LIABILITY INSURANCE
SC 5.04. Contractor's Liability Insurance
Add the following new paragraph immediately after paragraph 5.04.B:
C. The limits of liability for the insurance required by paragraph 5.04 of the General Conditions shall
provide coverage for not less than the fallowing amounts or greater where required by Laws and
Regulations:
1. Worker's Compensation, and related coverage, under paragraphs 5.04.A.1 and 5.04.A.2 of
the General Conditions:
a. State: Statutory
b. Applicable Federal
(e.g., Longshoreman's): Statutory
c. Employer's Liability: $500,000.00
2. Contractor's General Liability under Paragraphs 5.04.A.3 through 5.04.A.6 of the General
Conditions which shall include completed operations and product liability coverages and
eliminate the exclusion with respect to property under the care, custody, and control of
CONTRACTOR or provide equivalent coverage under Builders Risk:
a. General Liability;
$500,000 Combined
(including products -completed
single limit per
operations; independent
occurrence.
contractors; underground,
explosion & collapse hazards;
and standard broad form
liability endorsement)
$500,000 Aggregate
b. Automobile Liability;
$1,000,000 Combined
(including all owned,
single limit
non -owned and hired autos)
C. Workers' Compensation
Statutory Benefits
$100,000 Coverage B
d. Umbrella Liability;
$2,000,000 Combined
(applying directly in
single limit
excess of above liability
$2,000,000 Aggregate
coverages)
e. Owner's Protective Liability
$5,000,000 general
aggregate
$5,000,000 each
occurrence
3. The Contractual Liability coverage required by Paragraph 5.04.B.4 of the General Conditions
shall include contractual liability insurance acceptable to the Contractor's obligations as
follows:
a. To the fullest extent permitted by law, the Contractor shall indemnifyand hold harmless
the Iowa City Airport Commission, the City of Iowa City and AECOM, and their agents,
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officers and employees from and against all claims, damages, losses and expenses,
including, but not limited to attorneys fees, arising out of or resulting from the
performance of the work, provided that any such claim, damage, loss or expense:
(1) is attributable to bodily injury, sickness, disease or death, or to injury to or
destruction of tangible property (other than the work itself) including the loss of use
resulting therefrom, and
(2) is caused in whole or in part by any negligent act or omission of the Contractor,
any Subcontractor, anyone directly or indirectly employed by any of them or anyone for
whose acts any of them may be liable, regardless of whether or not it is caused in part
by a party indemnified hereunder.
Such obligation shall not be construed to negate, abridge, or otherwise reduce any
other right or obligation of indemnity which would otherwise exist as to any party or
person described in this Section 4.
b. In any and all claims against the Iowa City Airport Commission, the City of Iowa City
and AECOM, or any of their agents, officers or employees by any employee of the
Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable, the indemnification obligation under
this Section 4, shall not be limited in anyway by any limitation on the amount or type of
damages, compensation or benefits payable by or for the Contractor or any
Subcontractor under workers' compensation acts, disability benefits acts or other
employee benefit acts.
c. The obligations of the Contractor under this Section 4, shall not extend to the liability of
AECOM, their agents or employees, arising out of:
(1) The preparation or approval of maps, drawings, opinions, reports, surveys,
change orders, designs or Specifications, or
(2) The giving of or the failure to give directions or instructions by AECOM, their
agents or employees providing such giving or failure to give is the primary cause of the
injury or damage.
d. The Iowa City Airport Commission, the City of Iowa City, and AECOM and any of their
agents shall be named as additional insureds on the Contractor's certificate of
insurance.
4. CONTRACTOR'S INSURANCE FOR OTHER LOSSES. For the consideration in this
agreement heretofore stated, in addition to Contractor's other obligations, the Contractor
assumes full responsibility for all loss or damage from any cause whatsoever to any tools
owned by the mechanics, any tool machinery, equipment, or motor vehicles owned or
rented by the Contractor, the Contractor's agents, Subcontractors material men or the
Contractor's or their employees, as well as to shed or other temporary structures,
scaffolding and stagings, protective fences, bridges and sidewalk hooks.
The Contractor shall also assume responsibility for all loss or damage caused by, arising
out of or incident to larceny, theft or any cause whatsoever (except as hereinbefore
provided) to the structure on which the work of this Contract, and any modifications
alterations, enlargement thereto, is to be done, and to items and labor connected or to be
used as a part of the permanent materials, and supplies necessary to the work.
5. NOTIFICATION IN EVENT OF LIABILITY OR DAMAGE. Upon the occurrence of any
event, the liabilityfor which is herein assumed, the Contractor agrees to forthwith notifythe
Iowa City Airport Commission in writing, such happening, which notice shall forthwith give
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the details as to the happening, the cause as far as can be ascertained, the estimate of
loss or damage done, the names of witnesses, if any, and stating the amount of any claim.
6. GENERAL. The Contractor shall purchase and maintain insurance to protect the
Contractor and the Iowa City Airport Commission and the City of Iowa City against all
hazards enumerated herein throughout the duration of the Contract. All policies shall be in
the amounts, form and companies satisfactory to the Iowa City Airport Commission.
Contractor shall name the Commission and the City of Iowa City as additional insureds.
Insurance coverage will be considered acceptable when certificates of insurance required
herein state that thirty (30) days' written notice will be given to the Iowa City Airport
Commission before the policy is cancelled or changed. All certificates of insurance shall be
delivered to the Iowa City Airport Commission prior to the time that any operations under
the Contract is awarded.
All of said Contractor's certificates of insurance shall be written in an insurance company
authorized to do business in the State of Iowa or if written in an insurance company not
authorized to do business in the State of Iowa by an insurance company approved by the
Iowa City Airport Commission. Contractor's carrier shall be A rated or better by A.M. Best.
"Insurance", "insurance policy" or "insurance contract" when used in this code shall have
the same meaning as "insurance policy" and "insurance contract" under Section 507B.2 of
the Code of Iowa, provided, however, that when "insurance" as demonstrated by an
"insurance policy" or "insurance contract" is required to be pasted, presented or
demonstrated to exist by any person or other entity by this code or by virtue of any
Contract, bid request, specification, rule or other action or request of the Iowa City Airport
Commission said "insurance policy" or "contract of insurance" shall provide coverage on
an occurrence basis and not on a claims made basis and the person or other entity shall
provide evidence of such coverage through an "insurance policy', "contract of insurance" or
"certificate of insurance" which clearly discloses on its face coverage on an occurrence
basis except as to insurance coverage required for asbestos removal which may be
provided on a claims made basis when it is demonstrated to the satisfaction of the Iowa
City Airport Commission that occurrence coverage is not reasonably available.
PROPERTY INSURANCE
Add the following to paragraph 5.06.D:
Deductible Amounts $5,000.00
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
SC 6.05
Add the following new paragraphs immediately after paragraph 6.05.F:
When a substitute item of material or equipment is proposed by CONTRACTOR and
accepted by ENGINEER, and the substitution will require a change in any of the Contract
Documents to adapt the design to the proposed substitute, CONTRACTOR shall notify
ENGINEER of the changes and be responsible for the costs involved to revise the design and
to make modifications or changes to the construction, including the costs associated with the
Work of other contractors due to such changes in design or space requirements.
a. Redesign and drawing revisions will be prepared by ENGINEER and CONTRACTOR
shall reimburse OWNER for charges of ENGINEER and ENGINEER'S Consultants for
redesign and drawing preparation.
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b. Reimbursement of ENGINEER shall be based on ENGINEER's direct labor costs,
indirect labor costs, profit on the total labor, and any direct nonlabor expenses such as
travel or per diem.
SC 6.06. Conceming Subcontractor's, Suppliers, and Others
Amend paragraph 6.06.13 by deleting the words "Supplementary Conditions" in two places and inserting the
words "Instructions to Bidders" in their place.
SC 6.08. Permits
Delete the last sentence in paragraph 6.08.A in its entirety and replace with the following:
Unless otherwise specified in the General Requirements or Specifications, CONTRACTOR shall payall
charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility
owners for capital costs related thereto such as plant investment fees.
SC 6.10. Taxes
Add the following new paragraph immediately after paragraph 6.10.A:
B. Before final payment will be made, CONTRACTOR shall submit with Final Application for
Payment, in duplicate, an itemized statement showing the amount of Iowa Sales Tax or Use Tax,
if any, and to whom paid on all materials which have become part of the Work.
SC 6.16. Emergencies
Add the following new paragraph immediately after paragraph 6.16.A:
B. In emergencies affecting the safety or protection of persons or property or maintenance of
temporary construction at the Site or adjacent thereto, and CONTRACTOR cannot be reached,
OWNER may act to attempt to prevent threatened damage, injury, or loss. OWNER will give
CONTRACTOR and ENGINEER prompt written notice of such action and the cost of the
correction or remedy shall be charged against CONTRACTOR. A Change Order will be issued to
document the change in Contract Price.
SC 6.17. Shop Drawings and Samples
Add the following new paragraph immediately after paragraph 6.17.D.3:
4. After ENGINEER has reviewed and approved a Shop Drawing or Sample CONTRACTOR
shall provide the material or equipment approved. ENGINEER will not review subsequent
submittals of a different manufacturer or Supplier unless CONTRACTOR provides sufficient
information to ENGINEER that the approved material or equipment is unavailable, time of
delivery will delay the construction progress but not as a result of CONTRACTOR's failure to
pursue Work timely or to coordinate various activities properly, or OWNER requests a
different manufacturer or Supplier.
ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION
SC 9.10. Limitations on ENGINEER I s Authority and Responsibilities
Add the following new paragraph immediately after paragraph 9.09.B:
1. When ENGINEER is on the Project Site to perform the duties and responsibilities asset forth
in the Contract Documents, ENGINEER will comply with CONTRACTOR's safety plans,
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programs, and procedures. In the event ENGINEER determines that CONTRACTOR's
safety plans, programs, and procedures do not provide adequate protection for ENGINEER,
ENGINEER may direct its employees to leave the Project Site or implement additional
safeguards for ENGINEER's protection. If taken, these actions will be in furtherance of
ENGINEER's responsibility to its awn employees only, and ENGINEER will not assume any
responsibility for protection of any other persons affected by the Work. In the event
ENGINEER observes situations which appear to have potential for immediate and serious
injury to persons, ENGINEER may warn the persons who appear to be affected by such
situations. Such warnings, if issued, shall be given based on general humanitarian concerns,
and ENGINEER will not, by the issuance of any such warning, assume any responsibility to
issue future warnings or any general responsibility for protection of persons affected by the
Work.
Amend paragraph 9.10.D by deleting the words "14.07.A" and inserting the words "14.04.A.1" in their place.
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
SC 10.01. Authorized Changes in the Work
Add the following new paragraph immediately after paragraph 10.01.13:
1. By submission of a Claim CONTRACTOR certifies that the claim is made in good faith, that
the supporting data are accurate and complete to the best of CONTRACTOR's knowledge
and belief, and that the amount or time requested accurately reflects the Contract adjustment
for which CONTRACTOR believes OWNER is liable.
SC 10.03. Execution of Change Orders
Add the following new paragraph immediately after paragraph 10.03.A.3:
4. Change Orders will be prepared on the form included in the Appendix of the Project Manual.
SC 10.05. Claims and Disputes
Amend the 5th sentence of paragraph 10.05.A by deleting the words "believes it."
Amend paragraph 10.05.A by deleting the words "30 days" in the 4th line and inserting the words " 10 days" in
their place, and deleting the words "60 days" in the 8th line and inserting the words "30 days" in their place.
ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK
SC 11.02 Allowances
Delete paragraph C in its entirety and insert the following in its place:
C. Quantities Allowances: The allowances include the quantity of material or equipment to be
installed or removed from the Site; and
1. CONTRACTOR's cost for unloading and handling on the Site, labor, installation costs,
overhead, profit, and other expenses contemplated for the allowance shall have been
included in the Contract Price and not in the allowances.
2. CONTRACTOR's cost for removing and loading material or equipment on the Site,
transporting and fees for disposal on or off Site, overhead, profit, and other expenses
contemplated for the Allowance shall have been included in the Contract Price.
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3. CONTRACTOR's cost for furnishing and installing material or equipment to replace the
removed material or equipment shall include cast for furnishing and installing the material
or equipment, labor, installation costs, overhead, profit and other expenses contemplated
for the allowance shall have been included in the Contract Price.
SC 11.03 Unit Price Work
Delete paragraph 11.03.D in its entirety and insert the following in its place:
D. The unit price of an item of Unit Price Work shall be subject to reevaluation and adjustment under
the following conditions:
1. If the total cost of a particular item of Unit Price Work amounts to 5% or more of the Contract
Price and the variation in the quantity of that particular item of Unit Price Work performed by
CONTRACTOR differs by more than 25% from the estimated quantity of such item indicated
in the Agreement; and
2. if there is no corresponding adjustment with respect to any other item of Work; and
3. if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result
thereof; or if OWNER believes that the quantity variation entitles OWNER to an adjustment in
the unit price, either OWNER or CONTRACTOR may make a claim for an adjustment in the
Contract Price in accordance with Article 10 if the parties are unable to agree as to the effect
of any such variations in the quantity of Unit Price Work performed.
ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES
SC 12.02 Change of Contract Times
Add the following new paragraph immediately after paragraph 12.02.13:
C. Time extensions provided under paragraph 12.03 of the General Conditions will only be allowed
for controlling items of Work (critical path).
SC 12.03 Delays
Add the following new paragraph immediately after 12.03.E:
Except as provided for in paragraph 15.01, CONTRACTOR shall make no claim for damages for
delay in the performance of the Work occasioned by acts or neglect by OWNER or any of its
representatives, including ENGINEER or ENGINEER's Consultant, or because of any injunction
which may be brought against OWNER or its representative, including ENGINEER or
ENGINEER's Consultant, and agrees that any such claim shall be fully compensated for by an
extension of time in an amount equal to the time lost due to such delay, and that such time
extension shall be CONTRACTOR's sole and exclusive remedy for such delay.
ARTICLE 13 -TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE
WORK
SC 13.07 Correction Period
Amend paragraph 13.07.A by deleting the word "one" in the first line and insert the word "two" in its place.
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION
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SC 14.02 Progress Payments
Amend the first sentence of paragraph 14.02.A.1 by striking out the words "20 days" and inserting the words
"30 days" in their place.
Add the following language at the end of paragraph 14.02.A.2:
OWNER may at anytime require CONTRACTOR to furnish lien waivers for labor and materials covered
by specified Applications for Payment.
Amend paragraph 14.02.C.1 by striking out the words "Ten days" and inserting the words "Twenty days" in
their place.
Add the following new paragraph immediately after paragraph 14.02.C.1:
2. OWNER may make direct payment to Subcontractors or to pay prime subcontractors with
checks made payable to CONTRACTOR and to one or more Subcontractors.
Add the following new paragraphs immediately after paragraph 14.02.D:
E. Payments for Specially Manufactured Equipment
1. Payments requested for undelivered equipment or material specifically manufactured for this
Project, excluding "off the shelf' or catalog items, will be made to CONTRACTOR for
payment to the Supplier when the following conditions exist:
a. The equipment or material to be specifically manufactured for the Project could not be
readily utilized on nor diverted to another project, and,
b. A fabrication period of more than 6 months is anticipated.
2. Payments will be made in the following percentages of the Supplier's Contract Price of
equipment or material with CONTRACTOR:
a. 15% at the time the Shop Drawings are approved by ENGINEER;
b. 5% additional each month thereafter until not more than 60% of the above price has
been paid; and
c. Balance of payment, less retention, stipulated in the Agreement, upon delivery.
3. From the payment at Shop Drawing approval until delivery to the Project Site,
CONTRACTOR shall maintain in force multi -peril insurance to afford protection from losses
that may occur to the equipment or material.
4. Submission of a request for payment shall be accompanied by a certification furnished by the
Supplier of the equipment or material that the amount of the payment claimed is in
accordance with the progress of the fabrication of the equipment. The certification shall
include a status report on the fabrication.
SC 14.04 Substantial Completion
Add the following new paragraphs immediately after Paragraph 14.04.A:
1. CONTRACTOR's request for issuance of a Certificate of Substantial Completion shall include
schedules, guarantees, maintenance and operations instructions, Bonds, certificates or other
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evidence of insurance, certificates of inspection, affidavit of wage rate compliance, marked -
up record documents (as provided in Paragraph GC 6.12) and other documents.
2. The Work will be considered substantially complete when the project can be opened to traffic
and remaining work is identified.
SC 14.07. Final Payment
Amend the first sentence of paragraph 14.07.A.1 by striking out the words: "and delivered in accordance with
the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds,
certificates or other evidence of insurance, certificates of inspection, marked up record documents (as
provided in paragraph 6.12), and other documents,"
ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION
SC 15.04.
Amend paragraphs 15.04.A & B by striking out the words "30 days" in four places and inserting the words "60
days' in their place, and by striking out the words "seven days" in two places and inserting the words "10 days"
in their place.
ARTICLE 17 - MISCELLANEOUS
SC 17.01. Giving Notice
Delete paragraph 17.01.A in its entirety and insert the following in its place:
A. Whenever any provision of the Contract Documents requires the giving of a written notice or the
delivery of any Bond, Agreement, Certificate of Insurance or any other item, it shall be deemed to
have been validly given if:
1. delivered in person to the individual or to a member of the firm or to an officer of the
corporation for whom it is intended; or
2. delivered at or sent by registered or certified mail (return receipt), postage prepaid, to the
last business address known to the giver of the item.
' . , END OF SUPPLEMENTARY CONDITIONS . ,
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CONTRACT COMPLIANCE PROGRAM
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Contract
Compliance Program
CITY OFIOWA CITY
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SECTION I - GENERAL POLICY STATEMENT
It is the policy of the City of Iowa City to require equal employment opportunity in all City contract. work. This policy
prohibits discrinunation by the City's conttactors, consultants and vendors and requires theta to ensure that applicants
seeking employment with them and their employees are treated equally without regard to race, color, creed, religion,
national origin, sex, gender identity, sexual orientation, disability, marital status, and age.
It is the City's intention to assist employers, who are City contractors, vendors or consultants, in designing and
implementing equal employment opportunity so thatall citizens will be afforded equal accessibility and opportunity to
gain and maintain employment.
PROVISIONS:
1. All contractors, vendors, and consultants requesting to do business with Ile City must subunit an Equal
Opportunity Policy Statement before the execution of the contract.
2. All City contractors, vendors, and consultants with contracts of $25,000 or more (or less if required by another
governmental agency) must abide by the requirements of the City's Contract Compliance Program. Emergency
contracts may be exempt from this provision at the discretion of the City. Regardless of the value of the
contract, all contractors, vendors, and consultants are subject to the City's Human Rights Ordinance, which is
codified at Article 2 of the City Code.
3. Contracting departments are responsible for assuring that City contractors, vendors, and consultants are made
aware of the City'., Contract Compliance Program reporting responsibilities and receive the appropriate
reporting forms. A notification of requirements will be included in any request for proposal and notice of bids.
4. Prior to execution of the contract, the completed and signed Assurance of Compliance (located on pages CC-2
and CC-3) or other required material must be received and approved by the City.
5. Contracting departments are responsible for answering questions about contractor, consultant and vendor
compliance during the course of the contract with the City.
6. All contractors, vendors, and consultants must refrain from the use of any signs or designations which arc sexist
in nature, such as those which state "Men Working" or "Flagman Ahead," and instead use gender neutral signs.
7. All contractors, vendors, and consultants must assure that their subcontractors abide by the City's Human
Rights Ordinance. The City's protected classes arc listed at Kowa City City Code section 2-3-1.
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SECTION Ii - ASSURANCE OF COMPLIANCE
The following sets forth the minimum requirements of a satisfactory Equal Employment Opportunity Program which
will be reviewed for acceptability. PLEASE RETURN PAGES 2 THROUGH 3 OF THIS SECTION TO THE
CONTRACTING DEPARTNIENT PRIOR TO THE EXECUTION OF THE CONTRACT.
With respect to the performance of this contract, the contractor, consuttant or vendor agrees as follows: (For the
proposes of these minimum requirements, "contractor" shall include consultants and vendors.)
a. The contractor will not discriminate against any employee or applicant for employment and will take
affirmative efforts to ensure applicants and emplovees are treated during employment without regard to their
race, color, creed, religion, national origin, sex, sexual orientation, gender identity, disability, marital status,
and age. Such efforts shall include, but not be limited to the following: employment, promotion, demotion, or
transfer; recnrment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
b. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state tlnat it is an equal opporamity employer.
Note: Contacts that are federally funded are subject to Executive Order No. 11246, as amended, and the regulations
(see generally 29 U.S.C. § 1605 et sec.) and relevant orders of the U.S. Secretary of Labor. The Secretary of
Labor, and not the City, enforces said regulations and orders.
3. Provide a copy of your written Equal Employment Opportunity policy statement.
Where is this statementposted7
4. What is the name, telephone number and address of you business' Equal Employment Opportunity Officer?
(Please print)
Phone number Address
5. The undersigned agrees to display, in conspicuous places at the work site, all posters required by federal and
state law for the duration of the contract. NOTE: The City can provide assistance in obtaining the necessary
posters.
6. How does your business currently inform applicants, employees, and recruitment sources (including unions)
thatyou are an Equal Employment Opportunity employer'?
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The above responses to questions 1 through 6, are true and correctly reflect our Equal Employment Opportunity
policies.
Business Name
Phone Number
Signature Title
Print Name Date
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SECTION III - SUGGESTED STEPS TO ASSURE EQUAL EMPLOYMENT OPPORTUNITIES
1. COMPANY POLICY
Determine your company's policy regarding equal employment opportunilies. Documentbe policy and post it
in a conspicuous place so that itis known to all you employees. Furthermore, disseminate the policy to all
potential sources of employees and to you subcontractors asking their cooperation. The policy statement
should recognize and accept you responsibility to provide equal employmentopportunity in all you
employment practices. In regard to dissemination of this policy, this can be done, for example, through the use
of letters to all recruitment sources mud subcontractors, personal contacts, employee meetings, web page
postings, employee handbooks, and advertising.
2. EQUAL EMPLOYMENT OPPORTUNITY OFFICER
Designate an equal employment opportunity officer or, at minimum, assign someone the responsibility of
administering and promoting you company's Equal Employment Opportunity program. This person should
have a position in you organization which emphasizes the importance of the program.
3. INSTRUCT STAFF
You staff should be aware of and be required to abide by you Equal Employment Opportunity program. All
employees authorized to lire, supervise, promote, or discharge employees or are involved in such actions
should be trained and required to comply with you policy and the curent equal employment opportunity laws.
4. RECRUITMENT
(a) Let potential employees know you are an equal opportunity employer. This can be done by
identifying yourself on all recruitment advertising as "an equal opportunity employer".
(b) Use recruitment sources that are likely to yield diverse applicant pools. Ward -of -mouth recruitment
will only perpetuate the current composition of your workforce. Send recruitment sources a letter
annually which reaffirms your commitment to equal employment opportunity and requests their
assistance in helping you reach diverse applicant pools.
(c) Analyzc and review your company's recruitment procedures to identify and eliminate discriminatoty
barriers.
A Select and train persons involved in the employment process to use objective standatds and to support
equal employment opportunity goals.
(c) Review peiodicallyjob descriptions to make sure they accurately reflect major job functions. Review
education and experience requirements to make surc they accurately reflect the requirements for
successful job perfomnanec.
(t) Review the job application to insure that only job related questions are asked Ask yourself "Is this
information necessary to judge an applicant's ability to perform the job applied for°" Only use
job -related tests which do not adversely affect any particular group of people.
(g) Monitor interview., carefully. Prepare interview questions in advance to assure that they are only job
related. Train your interviewers on discrimination laws. Biased and subjective judgments in personal
i ntcrview., can be a major source of disci imination.
(h) Improve hiring and selection procedures and use non -biased promotion, transfer and training
politics to increase and/or improve the diversity of your workforce representation. Companies
must snake sure procedures for selecting candidates for promotion, transfer and training are based
upon a fair assessment of an employee's ability and work record. Furthermore, all companies
should post and otherwise publicize all job promotional opportunities and encourage all qualified
employees to bid on them.
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ir'III��
'od City of
ON
Attached for your information is a copy of Section 2 — 3 — I of the Iowa City Code of Ordinances
which prohibits certain discriminatory practices in employment. Please note that the protected
characteristics include some not mandated for protection by Federal or State law. As a contractor,
consultant or vendor doing business with the City of Iowa City you are required to abide by the
provisions of the local ordinance in conjunction with your performance under a contract with the
City.
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Chapter 3
DISCRIMINATORY PRACTICESIt M
2-3-1: EMPLOYMENT; EXCEPTIONS:
2-3-2: PUBLIC ACCOMMODATION; EXCEPTIONS:
2-3-3: CREDIT TRANSACTIONS; EXCEPTIONS:
2-3-4: EDUCATION:
2-3-5: HOUSING; EXCEPTIONS:
2-3-6: ADDITIONAL UNFAIR OR DISCRIMINATORY HOUSING PRACTICES:
2-3-7: EFFECT ON OTHER LAW:
2-3-8: AIDING OR ABETTING; RETALIATION; INTIMIDATION:
2-3-I: EMPLOYMENT; EXCEPTiONS:t 0
A. It shall be unlawful for any employer to refuse to hire, accept, register, classify, promote or refer for
employment, or to otherwise discriminate in employment against any other person or to discharge any
employee because of age, color, creed, disability, gender identity, marital status, national origin, race, religion,
sex or sexual orientation. (Ord. 03-4105, 12-16-2003)
B. It shall be unlawful for any labor organization to refuse to admit to membership, apprenticeship or training an
applicant, to expel any member, or to otherwise discriminate against any applicant for membership,
apprenticeship or training or any member in the pfivileges, rights or benefits of such membership,
apprenticeship of training because of age, color, creed, disability, gender identity, marital status, national
origin, race, religion, sex or sexual orientation of such applicant or member.
C. It shall be unlawful for any employer, employment agency, labor organization or the employees or members
thereof to directly or indirectly advertise of in any other manner indicate or publicize that individuals are
unwelcome, objectionable or not solicited for employment or membership because of age, color, creed,
disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation. (Ord. 95-
3697,11-7-1995)
D. Employment policies relating to pregnancy and childbirth shall be governed by the following:
1. A written or unwritten employment policy of practice which excludes from employment applicants or
employees because of the employee's pregnancy is a prima facie violation of this title.
2. Disabilities caused or contributed to by the employee's pregnancy, miscarriage, childbirth and recovery
therefrom are, for all job related purposes, temporary disabilities and shall be treated as such wider any
health or temporary disability insurance or sick leave plot available in cormection with employment of
any written or unwritten employment policies and practices involving terms mid conditions of
employment as applied to other temporary disabilities.
E. It shall be unlawful for any person to solicit or require as a condition of employment of any employee of
prospective employee a test for the presence of the antibody to the human inmmuodeficiency virus. An
agreement between an employer, employment agency, labor organization or their employees, agents or
members and an employee or prospective employee concerning employment, pay or benefits to an employee
or prospective employee in return for taking a test for Ore presence of the antibody to the human
immunodeficiency virus, is prohibited. The prohibitions of this subsection do not apply if the state
epidemiologist determines and the director of public health declares through the utilization of guidelines
established by the center for disease control of the United States department of health and human services,
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that a person with a condition related to acquired inuvune deficiency syndrome poses a significant risk of
transmission of the hwuan immunodeficiency vitas to other persons in a specific occupation.
The following we exempted from the provisions of this section:
1. Any bona fide religious institution or its educational facility, association, corporation or society with
respect to any qualifications for employmentbased on religion when such qualifications are related to a
bona fide religious propose. A religious qualification for instructional personnel or an administrative
officer, serving in a supervisory capacity of a bona fide religious educational facility or religious
institution shall be presroued to be a bona fide occupational qualification. (Ord. 94-3647, 11-8-1994)
2. An employer or employment agency which chooses to offer employmentor advertise for employment to
only the disabled or elderly. Any such employment or offer of employment shall not discriminate among
the disabled or elderly on the basis of age, color, creed, disabili(y, gender identity, marital status, national
origin, race, religion, sex or sexual orientation. (Ord. 95-3697, 11-7-1995)
3. The employment of individuals for work within the home of the employer if the employer or members of
the family reside therein droning such employment.
4. The employment of individuals to render personal service to the person of the employer or members of
the employer's family. (Ord. 94-3647, 11-8-1994)
5. The employment on the basis of sex in those certain instances where sex is a bona fide occupational
qualification reasonably necessary to the normal operation of a particular business or enterprise. The bona
fide occupational qualification shall be interpreted narrowly. (Ord 03-4105, 12-16-2003)
6. A state or federal program designed to benefit a specific age classification which serves a bona fide
public propose. (Ord. 94-3647, 11-8-1994)
7. The employment on the basis of disability in those certain instances where presence of disability is a bona
fide occupational qualification reasonably necessary to the normal operation of a particular business or
enterprise. The bona fide occupational qualification shall be interpreted narrowly. (Ord 03-4105, 12-16-
2003)
8. Any employer who regularly employs less than four (4) individuals. Far purposes of this section,
individuals who are members ofthe employer's family shall not be counted as employees. (Ord. 08-4312,
8-11-2008)
2-3-2: PUBLIC ACCON-INIODATION; EXCEPTIONS: It 0
A. It shall be unlawful for any person to deny any other person the full and equal enjoyment of the goods,
services, facilities, privileges, advantages of any place of public accommodation because of age, color, creed,
disability, gender identity, marital status, national origin, race, religion, sex of sexual orientation. (Ord. 00-
3950, 11-7-2000; amd. Or 13-4560, 10-15-2013)
B. It shall be unlawful to directly or indirectly advertise or in any other manner indicate m publicize that the
patronage of persons is unwelcome, objectionable or not solicited because of age, color, creed, disability,
gender identity, marital status, national origin, race, religion, sex or sexual orientation. (Ord. 95-3697, 11-7-
1995)
C. This section shall not apply to any bona fide religions institution with respect to any qualifications the
institution may impose based on religion when such qualifications are related to a bona fide religious purpose.
(Ord. 94-3647,11-8-1994)
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D. Public accommodations may be designated specifically for the elderly and disabled. However, public
accommodations may not be restricted among the elderly and disabled on the basis of age, color, creed,
disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation. (Ord. 95-
3697,11-7-1995)
E. It shall not be unlawful for a public accommodation to take any action otherwise prohibited by this section
where age is a bona fide factor or qualification based on health, safety or developmental differences between
age groups. In order to establish that the exception applies, a place of public aceonrrnodation mustshow the
restriction or policy is necessary to protect the health, safety, or developmental differences of persons based
on age alone. Developmental differences of persons based on age means the social, emotional, physical and
intellectual development of a person based on the chronological age of a person.
Nothing in this section shall prohibit restrictions regarding the conswnption of alcoholic beverages by those
under the legal drinking age or the presence of person; wider the legal drinking age in places of public
accommodation where alcoholic beverages are served.
G. This section shall not apply to discounts for services or accommodations based upon age. (Ord. 13-4560, 10-
15-2013)
2-3-3: CREDIT TRANSACTIONS; EXCEPTIONS: 0
A. Consumer Credit: It shall be unlawful for any creditor to refuse to enter into any consumer credit transaction
or to impose finance charges or other terms or conditions more onerous than those regularly extended by that
creditor to consumers of similar economic backgrounds because of age, color, creed, disability, gender
identity, marital status, national origin, race, religion, sex or sexual orientation.
B. Extension Of Credit: It shall be unlawful for any person authorized or licensed to do business in this state
pursuant to chapter 524, 533, 534, 536, m 536A of the code of Iowa, as amended, to refuse to loan or to
extend credit m to impose terms or conditions more onerous than those regularly extended to persons of
similar economic backgrounds because of age, color, creed, disability, gender identity, marital status, national
origin, iace, religion, sex or sexual orientation.
C. Insurance:
1. It shall be unlawful I'm - any creditor to refuse to offer credit, life m- health and accident insurance because
of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual
orientation. Refusal by a creditor to offer credit, life m- health and accident insurance based upon the age
m physical disability of the consumer shall not be an unfair or discriminatory practice if such denial is
based solely upon bona tide underwriting considerations not prohibited by title XIII, subtitle I, code of
Towa, as amended. (Ord. 95-3697, 11-7-1995)
2. The provisions of this section shall not be construed by negative implication or whelwise to narrow or
restrict any whet provisions of this title. (Ord. 94-3647, 11-8-1994)
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2-3-4: EDUCATION: It 0
A. it shall be an unfair or discriminatory practice for any educational institution to discriminate on the basis of
age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual
orientation in any program or activity. Such discriminatory practices shall include, but not be limited to, the
tollowing practices:
1. Exclusion of a person or persons from participation in, denial of the benefit of, or subject to
discrimination in any academic, extracurricular, research, occupational training or other program or
activity.
2. Denial of comparable opportunity in intramural and interscholastic athletic programs.
3. Discrimination among persons in employment and the conditions of employment.
4. On the basis of sex, the application of any rule concerning the actual or potential parental, family or
marital status of a person, or the exclusion of any person from any program or activity or employment
because of pregnancy or related conditions dependent upon the physician's diagnosis and certification.
(Ord. 95-3697, 11-7-1995)
B. For the purpose of this section, "educational institution" includes any preschool, elementary, secondary or
merged area school, area education agency or postsecondary college and their governing boards, with the
exception that this section shall not include the University Of Iowa or any other educational division of the
state.
C. This section does not prohibit an educational institution from maintaining separate toilet facilities, locker
rooms or living facilities for the different sexes so long as comparable facilities are provided. Nothing in this
section shall be construed as prohibiting any bona fide religious institution from imposing qualifications based
on religion when such qualifications are related to a bona fide religions purpose or any institution from
admitting students of only one sex. (Ord. 94-3647, 11-8-1994)
2-3-5: HOUSING; EXCEPTIONS: It 0
It shall be an unlawful or discriminatory practice for any person: (Ord. 15-4650, 12-15-2015)
A. To refuse to sell, rent, lease, assign, sublease, refuse to negotiate or to otherwise make unavailable, or deny
any real property or dwelling or part, portion or interest therein, to any person because of the age, color,
creed, disability, gender identity, marital status, familial status, national origin, race, religion, sex, sexual
orientation, presence or absence of dependents or public assistance source of income of that person. (Ord. 15-
4650, 12-15-2015; amd. Ord. 16-4678, 10-4-2016)
B. To discfitninate against any other person in the temps, conditions or privileges of ally real estate transaction
because of age, color, creed, disability, gender identity, maital status, familial status, national origin, race,
religion, sex, sexual orientation, presence of absence of dependents or public assistance source of income.
C. To directly or indirectly advertise, or in any other manner indicate or publicize in any real estate transaction
that any person is not welcome or not solicited because of age, color, creed, disability, gender identity, marital
status, familial status, national ofigin, race, religion, sex, sexual orientation, presence or absence of
dependents of public assistance source of income. (Ord. 15-4650, 12-15-2015)
D. To discriminate against the lessee or purchaser of any real property or dwelling or part, portion of interest of
the real property or dwelling, or against any prospective lessee or purchaser of the property or dwelling
because of age, color, creed, disability, gender identity, marital status, familial status, national origin, face,
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religion, sex, sexual orientation, presence or absence of dependents, or public assistance source of income of
persons who may from time to time be presentin or on the lessee's or owner's premises for lawful purposes at
the invitation of the lessee or owner as friends, guests, visitors, relatives or in any similar capacity. (Ord. 15-
4650,12-15-2015;annd. Ord. 16-4678, 10-4-2016)
E. The following exceptions ace applicable to this section mid section 2-3-6 of this chapter:
1. Any bona fide religious institution with respect to any qualifications itmay impose based on religion,
when these qualifications me related to a bona fide religious purpose unless the religious institution owns
or operates property for a commercial purpose or membership in the religion is restricted on account of
age, color, creed, disability, gender identity, marital status, familial status, national origin, race, sex,
sexual orientation, presence or absence of dependents or public assistance source of income.
2. Any nonprofitinstitution or organization operated, supervised or controlled by or in conjunction with a
religious organization, association, or society from limiting the sale, rental or occupancy of dwellings
which it owns or operates for other than a commercial purpose to persons of the same religion or from
giving preference to such persons, unless membership in such religion is restricted on account of age,
color, creed, disability, gender identity, marital status, familial status, national origin, race, sex, sexual
orientation, presence or absence of dependents or public assistance source of income. (Ord. 15-4650, 12-
15-2015)
3. Restrictions based on sex in the rental or leasing of dwellings within which residents of both sexes would
share a common bathroom facility on the same floor of the building. (Ord. 15-4650, 12-15-2015, mid.
Ord. 16-4678, 10-4-2016)
The following are exempt from the prohibitions set forth in this section and section 2-3-6 of this chapter with
the exception of the prohibition on discrimination in advertising set forth in subsection C of this section: (Ord.
15-4650,12-15-2015)
1. The rental or leasing of four (4) m fewer rooms within a single dwelling by the owncr of such dwelling, if
the owncr resides thcrcin. (Ord. 15-4650, 12-15-2015, aired. Ord. 16-4678, 10-4-2016)
2. Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more
than four (4) families living independently of each other, if the owner occupies the premises, or sonic
portion thereof, and actually resides thcrcin.
G. Nothing in this title limits the applicability of the city's restrictions regarding the maximum number of
occupants permitted to occupy a dwelling. Not does any provision in this title regarding familial status apply
with respect to housing for older persons. For the purposes of this title, "housing for older persons" means
housing:
1. Provided under any state or federal program that is specifically designed and operated to assist elderly
persons (as defined in the state or federal program and as determined by the secretary of housing and
urban development); or
2. intended for, and solely occupied by, persons sixty two (62) years of age or older, or
3. intended and operated for occupancy by at least one person fifty five (55) years of age or older per unit.
In determining whether housing qualifies as housing for older persons under this subsection, the
regulations promulgated by the secretary of housing and urban development shall apply and at least the
following two (2) criteria most be present:
a. That at least eighty percent (80%) of the units are occupied by at least one person fifty five (55) years
of ago or older per unit; and
b. The publication of, and adherence to, policies and procedures which demonstrate an intent by the
owner or manager to provide housing for persons fifty five (55) years of age or older.
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However, such housing may nototherwise be restricted on the basis of age, color, creed, disability,
gender identity, marital status, familial status, national origin, race, religion, sex, sexual orientation,
public assistance source of income or presence or absence of dependents. (Ord. 154650, 12-15-
2015)
2-3-6: ADDITIONAL UNFAIR OR DISCRIMINATORY HOUSING PRACTICES: It 0
A. A person shall not induce or attempt to induce another person to sell or rent a dwelling by representations
regarding the entry or prospective entry into a neighborhood of a person of a particular age, color, creed,
disability, gender identity, marital status, familial status, national origin, race, religion, sex, sexual orientation,
presence or absence of dependents, or public assistance source of income.
B. A person shall not represent to a person of a particular age, color, creed, disability, gender identity, marital
status, familial status, national origin, race, religion, sex, sexual orientation, presence or absence of
dependents, or public assistance source of income that a dwelling is not available for inspection, sale or rental
when the dwelling is available for inspection, sale or rental. (Ord. 95-3697, 11-7-1995; amd. Ord. 15-4650,
12-15-2015)
C. A person shall not discriminate in the sale or rental or otherwise make unavailable or deny a dwelling to a
buyer or renter because of a disability of any of the following persons:
1. That buyer or renter.
2. A person residing in or intending to reside in that dwelling after it is sold, rented or made available.
3. A person associated with that buyer or renter.
D. A person shall not discriminate against another person in the terms, conditions or privileges of sale or rental of
a dwelling or in the provision of services or facilities in connection with the dwelling because of a disability of
any of the following persons:
1. Thatperson.
2. A person residing in or intending to reside in that dwelling after it is sold, rented or made available.
3. A person associated with that person.
E. For the purposes of this section only, discrimination includes any of the following circumstances:
1. A refusal to permit, at the expense of the disabled person, reasonable modifications of existing premises
occupied or to be occupied by the person if the modifications are necessary to afford the person full
enjoyment of the premises. In the case of a rental, a landlord may, where reasonable to do so, condition
permission fm- a modification on the renter's agreement to restore the interior of the premises to the
condition that existed before the modification, reasonable wear and tear excepted.
2. A refusal to make reasonable accommodations in rules, policies, practices or services, when the
accommodations are necessary to afford the person equal opportunity to use and enjoy a dwelling. (Ord.
94-3647, 11-8-1994; amd. Ord. 15-4650, 12-15-2015)
3. In connection with the design and construction of covered multi -family dwellings I'm- first occupancy after
March 13, 1991, a failure to design and construct those dwellings in a manner that meets the following
requirements: (Ord. 94-3647, 11-8-1994; amd. Ord. 97-3785, 5-20-1997; Ord. 99-3905, 10-12-1999;
Ord. 15-4650, 12-15-2015)
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a. The public use and common use portions of the dwellings are readily accessible to and usable by
disabled persons.
b. All doors designed to allow passage into and within all premises within the dwellings are sufficiently
wide to allow passage by disabled persons in wheelchairs.
c. All prethnises within Ore dwellings contain the following features of adaptive design:
(1) An accessible route into and through the dwelling.
(2) Light switches, electrical outlets, thermostats and otter environmental controls in accessible
locations.
(3) Reinforcements in badunom walls to allow later installation of grab bus.
(4) Usable kitchens and ballrooms so trot a person in a wheelchair can maneuver about the space
d. Compliance with the appropriate requirements of the "American National Standard For Buildings
And Facilities Providing Accessibility And Usability For Physically Handicapped People", as
amended, commonly cited as "ANSI A 117.1", satisfies the requirements of subsection E3c of this
section.
4. Nothing in this subsection requires that a dwelling be made available to a person whose tenancy would
constitute a direct threat to the health or safety of other persons or whose tenancy mould result in
substantial physical damage to the property of others. (Ord. 94-3647, 11-8-1994, anhd. Ord. 15-4650, 12-
15-2015)
A person whose business includes engaging in residential real estate related transactions shall not discriminate
against a person in making a residential real estate related transaction available or in terms or conditions of a
residential real estate related transaction because of age, color, creed, disability, gender identity, marital
status, familial status, national origin, race, religion, sex, sexual orientation, presence or absence of
dependents or public assistance source of income. (Ord. 95-3697, 11-7-1995, anhd. Ord. 15-4650, 12-15-
2015)
G. For the purpose ofthis section, "residential real estate related transaction" means any ofthe following:
1. To make or purchase loans or provide other financial assistance to purchase, construct, improve, repair or
maintain a dwelling, m to secure residential real estate.
2. To sell, broker or appraise residential real estate. (Ord. 94-3647, 11-8-1994, amd. Ord. 15-4650, 12-15-
2015)
H. A person shall not deny another person access to, or membership or participation in a multiple listing service,
real estate brokers' organization or other service, organization or facility relating to the business of selling or
renting dwellings, m discriminate against a person in terms or conditions of access, membership or
participation in such organization because of ago, color, creed, disability, gender identity, marital status,
familial status, national origin, race, religion, sex, sexual orientation, presence m absence of dependents, or
public assistance source of income. (Ord.95-3697, 11-7-1995, amd. Ord. 15-4650, 12-15-2015)
2-3-7: EFFECT ON OTHER LAW: It "-
A. This chapter does not affect a reasonable local or state restriction on the maximum number of occupants
permitted to occupy a dwelling or restriction relating to health m safety standards.
B. This chapter does not affect a requirement of nondiscrimination in other city ordinances. (Ord. 94-3647, 11-8-
1994; amd. Ord. 15-4650, 12-15-2015)
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2-3-8: AIDING OR ABETTING; RETALIATION; INTIMIDATION: It 0
It shall be an unfair or discriminatory practice for:
A. Any person to intentionally aid, abet, compel or coerce another person to engage in any of the practices
declared unfair or discriminatory by this title.
B. Any person to discriminate against another person because such person has either lawfully opposed any
discriminatory practice forbidden by this title, obeyed the provisions of this title, or has tiled a complaint,
testified, or assisted in any proceeding under this title. (Ord. 94-3647, 11-8-1994, arnd. Ord. 15-4650, 12-15-
2015)
C. Any person to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of or on
account of his or her having exercised or enjoyed, or having aided or encouraged any other person in the
exercise or enjoyment of, any right granted or protected by this title. (Ord. 15-4650, 12-15-2015)
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SAMPLE: EQUAL EMPLOYAIENT OPPORTUNITY POLICY
To all employees of
This Company and its employees shall not discriminate against any employee or applicant for employment based on his
or her age, color, creed, disability, gender identity, marital status, race, religion, sex, or sexual orientation. The anti-
discrimination policy extends to decisions involving hiring, promotion, demotion, or transfer; recruitment or recruitment
advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. Further, this Company and its emplovees vall provide a working environment free from such
discrimination.
All employees are encouraged to refer minority and women applicants and applicants with disabilities for employment.
The Equal Employment Opportunity Officer for the
Nance:
Address:
Telephone Number:
is:
NOTE: This is a SAMPLE ONLY. You may wish to confer with your EEO officer or legal counsel to formulate a
policy which specifically meets the needs of your company.
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SPECIFICATIONS
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SECTION 01010
SUMMARY OF WORK
PART1 GENERAL
1.01 PROJECT DESCRIPTION
A. Work of this Contract includes the reconstruction of the Terminal Apron and Taxiway located
immediately adjacent and west of the Iowa City Municipal Airport Terminal Building. The
project reconstructs the airport parking apron and adjacent Taxiway B. The project scope
includes removal and replacement of approximately 4,750 square yards of Portland Cement
Concrete pavement, modified subbase, unclassified excavation and site restoration.
1.02 FORM OF SPECIFICATIONS
A. Some Work described in these Specifications use systems approach to identify systems of structure
or facility.
1. System components are either specified in system specification or by reference to another
section.
1.03 CONTRACTS
A. Perform Work under unit price Contract with OWNER.
1.04 MILESTONES (WORK SEQUENCE)
A. Construct Work in stages to accommodate operation of existing facilities during construction period,
coordinate Construction Progress Schedule and operations with owner.
1.05 CONTRACTOR'S USE OF PREMISES
A. OWNER will occupy Site and existing buildings during entire period of construction for conduct of
normal operations. Cooperate with OWNER during construction operations to minimize conflict and
facilitate OWNER'S operations-
B. CONTRACTOR shall, at all times, conduct operations to ensure least inconvenience to OWNER,
other contractors, general public, and operation of the hangar area and office space.
C. Coordinate use of premises under direction of owner.
D. Assume full responsibility for protection and safekeeping of materials and equipment under this
Contract.
E. Obtain and pay for use of additional storage or Work areas needed for operations at no additional
cost to OWNER.
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PART2 PRODUCTS
(Not Used)
1ail :4I BMONMcGill Ile]0
(Not Used)
' " END OF SECTION "'
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SECTION 01340
SUBMITTALS
PART1 GENERAL
1.01 SUMMARY
A. Section specifies procedural requirements for Work -related (non -administrative) submittals including
Shop Drawings, substitutions, product data, samples, test data, operations and maintenance data,
and other miscellaneous Work -related submittals.
B. Administrative Submittals: Procedures concerning items such as listing of manufacturers, Suppliers,
Subcontractors, Construction Progress Schedule, schedule of Shop Drawing submissions, bonds,
payment applications, insurance certificates, and schedule of values are specified elsewhere.
C. Work -Related Submittals:
Substitutes:
a. Includes material or equipment described in Section 01630 which CONTRACTOR
requests ENGINEER to accept, after execution of the Contract.
2. Shop Drawings:
a. Includes technical data and drawings specially prepared for this Project, including
fabrication and installation drawings, diagrams, data sheets, schedules, templates,
patterns, reports, instructions, design mix formulas, measurements, and similar
information not in standard printed form.
b. Standard catalog type information prepared without specific reference to Project is not
considered as Shop Drawing.
3. Product Data:
a. Includes standard catalog type printed information on manufactured materials,
equipment and systems that has not been specially prepared for this Project, including
manufacturer's product specifications, catalog cuts, standard wiring diagrams, printed
performance curves, mill reports, and standard color charts.
4. Samples
a. Includes fabricated and manufactured physical examples of materials, products, and
units of work, includes complete units, partial cuts of manufactured or fabricated work,
swatches showing color, texture, and pattern, and units of work to be used for
independent inspection and testing.
b. Mock-ups are special forms of samples too large or otherwise inconvenient for handling
in manner specified for transmittal of sample submittals.
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5. Test Results:
a. Includes source and field quality inspection, test reports, actual performance curves,
and certifications of results prepared specifically for equipment, material, and systems
provided for this Project.
b. Standard catalog charts or standard test results are considered Product Data.
6. Operations and Maintenance Data:
a. Includes information and directions for operating and maintaining equipment provided
and installed for this Project. Maybe standard for equipment or prepared specifically for
this Project.
Miscellaneous Submittals:
a. Work -related submittals that do not fit in previous categories, includes schedules,
photographs, guarantees, warranties, certifications, maintenance agreements,
workmanship bonds, survey data and reports, physical work records, copies of industry
standards, field measurement data, extra materials, keys, and similar information,
devices, and materials applicable to Work.
1.02 SUBMITTAL PROCEDURES
A. Scheduling:
1. Provide submittal schedule in accordance with Paragraph 3.10.2 of General Conditions
identifying the times for submitting, reviewing and processing each submittal for items of
materials and equipment for which submittals are required by Specifications.
2. Adjust submittal schedule to reflect revisions to Construction Progress Schedule.
B. Coordination:
1. Coordinate preparation and processing of submittals with performance of Work. Coordinate
each submittal with other submittals and related activities such as substitution requests,
testing, purchasing, fabrication, delivery, and similar activities requiring sequential activity.
2. Coordinate submission of different units of interrelated Work so one submittal not be delayed
by ENGINEER'S need to review related submittal. ENGINEER may withhold action on
submittal requiring coordination with other submittals until related submittals are forthcoming.
3. Prepare and transmit each submittal sufficiently in advance of scheduled performance of
related Work and other applicable activities.
C. Submittal Preparation:
1. Stamp and sign each submittal certifying to review of submittal, verification of materials and
equipment, field measurement, field construction criteria, and coordination of information
within submittal with Contract Documents.
2. Transmittal Form: Provide transmittal identifying following.
a. Date of submittal and dates of previous submittals.
b. Project title and number.
C. Submittal transmittal number.
d. Contract identification.
e. Names of:
1) CONTRACTOR.
2) Supplier.
3) Manufacturer.
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f. If submittal is for substitute item of material or equipment, identify as "substitute" on
transmittal.
g. Identification of equipment and material with equipment identification numbers, motor
numbers, and Specification section number.
h. Deviations from Contract Documents.
D. Resubmittal Preparation:
Comply with requirements described in Submittal Preparation above, and in addition
a. Identify on transmittal form submittal is resubmission.
b. Make corrections or changes in submittals required by ENGINEER'S notations on
returned submittal.
C. Respond to ENGINEER'S notations:
1) On transmittal or separate page attached to CONTRACTOR'S resubmission
transmittal, answer or acknowledge in writing notations or questions indicated by
ENGINEER on ENGINEER'S transmittal form returning reviewed submission to
CONTRACTOR.
2) Identify each response by question or notation number established by
ENGINEER.
3) If CONTRACTOR does not respond to each notation or question, resubmission
will be returned without action by ENGINEER until CONTRACTOR provides
written response to ENGINEER'S notations or questions.
d. CONTRACTOR -initiated revisions or deviations.
1) On transmittal form, identify deviations or revisions from previously reviewed
submittal, other than those called for by ENGINEER.
2) ENGINEER'S responsibility for deviations or revisions is established in
Subparagraph 3.12.8 of General Conditions.
1.03 SPECIFIC SUBMITTAL REQUIREMENTS
A. General:
1. Specific submittal requirements for individual units of Work are specified in applicable
Specification section. Except as otherwise indicated in Specification sections, comply with
requirements specified herein for each indicated type of submittal.
2. If ENGINEER has issued written interpretations and decisions to Contract Documents,
CONTRACTOR shall include ENGINEER'S response with applicable submittal.
B. Requests for Substitutes or "Or Equal":
1. Collect data for items to be submitted for review as substitute items into one submittal for
each item of material or equipment in accordance with Section 01630.
2. Submit with other scheduled submittals for material or equipment allowing time for
ENGINEER to evaluate additional information required to be submitted.
3. If CONTRACTOR requests to substitute for material or equipment specified, but not identified
in Specification as requiring submittals, CONTRACTOR shall indicate substitution submittal in
Submittal Schedule.
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C. Shop Drawings:
1. Submit newly prepared information, with graphic information at accurate scale and name of
preparer indicated (firm name). Show dimensions and note which are based on field
measurement, identify materials and equipment included in Work, and revisions on
resubmittals. Indicate compliance with standards and notation of coordination requirements
with other Work. Highlight, encircle or otherwise indicate deviations from Contract
Documents or previous submittals.
2. If Drawings prepared by ENGINEER are used in preparation of Shop Drawings, remove
ENGINEER'S identification.
3. Provide 8 in. by 3 in. blank space for CONTRACTOR and ENGINEER stamps.
4. Submittals:
a. Submit one (1) black line print for drawings larger than 11 in. by 17 in., reproducible will
be returned.
D. Product Data:
Preparation
a. Collect required data into single submittal for each unit of Work or system. Where
product data includes information on several similar materials or equipment, some of
which are not required for use on Project or not included in submittal, mark copies to
show which items are not applicable to Project.
b. Where product data must be specially prepared for equipment, materials or systems,
because standard printed data is not suitable for use, submit data as Shop Drawing and
not as product data.
2. Submittals:
a. Submit 6 copies.
b. Submittal is final when ENGINEER returns submittal marked "Approved," or"Approved
as Noted."
3. Distribution:
a. Maintain one set of product data (for each submittal) at Project site, available for
reference by ENGINEER and others.
E. Samples:
Preparation:
a. Provide samples physically identical with proposed materials or equipment to be
incorporated into Work. Where variations in color, pattern or texture are inherent in
material or product represented by sample, submit multiple units (not less than 3)
showing approximate limits of variations.
b. Provide full set of option samples where selection by ENGINEER is required.
C. Include information with each sample to show generic description, source or product
name and manufacturer, limitations, and compliance with standards.
d. Submit samples for ENGINEER'S visual review of general generic kind, color, pattern,
texture, and for final check of coordination of these characteristics with other related
elements of Work.
e. Mock-ups and similar samples specified in Specification sections are recognized as
special type of samples. Comply with samples submittal requirements to greatest
extent possible.
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2. Submittals:
a. At CONTRACTOR'S option, and depending upon nature of anticipated response from
ENGINEER, initial submittal of samples may be preliminary or final submittal.
b. Preliminary submittal, of single set of samples, required where Specification's indicate
ENGINEER'S selection of color, pattern, texture or similar characteristics from
manufacturer's range of standard choices is necessary. Preliminary submittals will be
reviewed and returned with ENGINEER'S "Action" noted.
C. Final Submittals: Submit 3 sets of samples in final submittal, 1 set will be returned.
3. Distribution:
a. Maintain returned set of samples at Project site, in suitable condition and available for
quality control comparisons throughout course of performing Work.
Test Results:
Preparation:
a. Identify each test by Specification section and type of test.
2. Submittals:
a. Submit 3 copies.
b. Submittal is to confirm that results of tests verify materials, products, and systems
comply with Contract Documents.
3. Distribution:
a. Unless otherwise required in Specification section test results shall be submitted to
ENGINEER'S field office or if ENGINEER has no field office to the ENGINEER'S office.
G. Miscellaneous Submittals:
Guarantees, Warranties, Maintenance Agreements, and Workmanship Bonds
a. Refer to Specification sections for requirements. Submittal is considered final when
submittal returned by ENGINEER, marked "Approved" or "Approved as Noted."
b. In addition to copies desired for CONTRACTOR'S use, furnish 2 executed copies.
Provide 2 additional copies where required for maintenance data.
2. Certifications:
a. Refer to Specification sections for requirement on submittal of certifications. Submit
6 copies. Certifications are submitted for review of conformance with specified
requirements and information.
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3. Closeout Submittals:
a. Refer to Specification sections for requirements on submittal of closeout information,
materials, tools, and similar items.
1) Materials and Tools: Spare parts, extra and overrun stock, maintenance tools
and devices, keys, and similar physical units to be submitted.
2) Operating and maintenance data.
General Distribution:
1. Unless required elsewhere, provide distribution of submittals to Subcontractors, suppliers,
governing authorities, and others as necessary for proper performance of Work.
2. Provide copies of submittals bearing ENGINEER'S action stamp to:
a. Job site file.
b. Record documents file.
1.04 ACTION ON SUBMITTALS
A. ENGINEER'S Action:
General
a. Except for submittals for record and similar purposes, where action and return on
submittals is required or requested, ENGINEER will review each submittal, mark with
appropriate action, and return. Where submittal must be held for coordination,
ENGINEER will so advise CONTRACTOR without delay.
b. ENGINEER will stamp each submittal with uniform, self-explanatory action stamp,
appropriately marked with submittal action.
2. Notification of Insufficient Information:
a. If information submitted is not sufficient to complete review of submittal, ENGINEER will
send transmittal to CONTRACTOR notifying CONTRACTOR that additional information
is required.
b. Submittal will not be returned. Submittal will be placed in an "on hold" status until
CONTRACTOR provides additional information.
3. Unsolicited Submittals: ENGINEER will return unsolicited submittals to CONTRACTOR
without review.
B. Action Stamp:
Marking: No Exceptions Taken.
Final Unrestricted Release: Where submittals are marked as "No Exceptions
Taken," Work covered bysubmittal may proceed provided it complies with Contract
Documents. Acceptance of Work depends on that compliance.
2. Marking: Make Corrections Noted.
Final -But -Restricted Release: When submittals are marked as "Make Corrections
Noted," Work covered by submittal may proceed provided it complies with
ENGINEER'S notations or corrections on submittal and with Contract Documents.
Acceptance of Work depends on that compliance. Resubmittal is not required.
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3. Marking: Rejected.
Submittal Not Accepted: When submittals are marked as "Rejected," do not
proceed with Work covered by submittal. Work covered by submittal does not
comply with Contract Documents.
Prepare new submittal for different material or equipment supplier or different
product line or material of same supplier complying with Contract Documents.
4. Marking: Revise and Resubmit.
PART2 PRODUCTS
(Not Used)
PART 3 EXECUTION
(Not Used)
Returned for Resubmittal: When submittals are marked as "Revise and Resubmit,"
do not proceed with Work covered by submittal. Do not permit Work covered by
submittals to be used at Project site or elsewhere where Work is in progress.
Revise submittal or prepare new submittal in accordance with ENGINEER'S
notations. Resubmit without delay. Repeat if required to obtain different action
marking.
"' END OF SECTION "
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SECTION 01500
TEMPORARY CONSTRUCTION FACILITIES AND UTILITIES
PART1 GENERAL
1.01 QUALITY ASSURANCE
A. Items provided under this section shall be listed or labeled by UL or other Nationally Recognized
Testing Laboratory (NRTL).
1. Term "NRTL" shall be as defined in OSHA Regulation 1910.7.
2. Terms "listed" and "labeled" shall be as defined in National Electrical Code, Article 100.
B. Regulatory Requirements:
1. National Electrical Code (NEC): Components and installation shall comply with National Fire
Protection Association (NFPA) 70.
C. Comply with federal, state, and local codes and regulations, and with utility company requirements.
PART2 PRODUCTS
2.01 TEMPORARY ELECTRICITY AND LIGHTING
A. OWNER will provide access to existing electrical system for 120 v, 1-phase service.
B. Temporary lighting shall be sufficient to enable CONTRACTOR to complete Work and ENGINEER
to observe Work as it is being performed. Illumination shall meet or exceed state code
requirements.
C. Provide lamps, wiring, switches, sockets, and similar equipment for temporary lighting and small
power tools.
D. Make arrangements with OWNER for temporary electricity.
2.02 SANITARY FACILITIES
A. Do not use existing sanitary facilities.
B. Provide temporary sanitary toilet facilities conforming to state and local health and sanitation
regulations, in sufficient number for use of ENGINEER'S, CONTRACTOR'S and Subcontractor's
employees.
C. Maintain in sanitary condition and provide supply of toilet paper.
2.03 TEMPORARY FIRE PROTECTION
A. Provide and maintain in working order, minimum of one fire extinguisher on each floor of each
building, and such other fire protective equipment and devices as would be reasonably effective in
extinguishing fires during early stages by personnel at Project site.
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2.04 TEMPORARY SITE AND OTHER ROADS
A. Construct and maintain temporary site roadways in snow free, ice free, driveable condition
necessary to carry out construction operations.
B. Maintain OWNER'S existing on -site roads and public roads used during construction free from
accumulations of dirt, mud and construction debris resulting from construction operations. Roads
shall be considered "maintained" when material has been removed by sweeper.
2.05 SECURITY
A. Security will not be provided by OWNER.
B. CONTRACTOR shall be responsible for loss or injury to persons or property where Work is involved,
and shall provide security and take precautionary measures to protect CONTRACTOR'S and
OWNER'S interests.
�iI1i1g11Yi7:79:�'��_1:�:11►[e]
A. Designated areas of existing parking facilities may be used for parking of construction personnel's
private vehicles and of CONTRACTOR'S light -weight vehicles.
Do not allow heavy vehicles or construction equipment in parking areas.
B. Make arrangements with OWNER.
2.07 FIELD OFFICES AND BUILDINGS
A. If required by CONTRACTOR, erect where designated by Owner, and maintain in good condition,
temporary field office, tool, and storage building(s) or trailer(s) for CONTRACTOR'S use.
1. Tool storage building(s) or trailer(s) shall be of ample size to provide space for tools and
equipment.
2. Building(s) or trailer (s) shall be neat and well constructed, surfaced with plywood, drop siding,
masonite, or other similar material, well painted and void of advertisements.
PART 3 EXECUTION
3.01 GENERAL
A. Comply with applicable requirements specified.
3.02 REMOVAL AND RESTORATION
A. Completely remove temporary materials, equipment, signs, and structures when no longer required.
B. In unfinished areas, clean and repair damage caused by temporary installations or use of temporary
facilities, restore drainage, and evenly grade, seed or plant as necessary to provide appearance
equal to or better than original.
C. In finished areas, restore existing or permanent facilities used for temporary services to specified, or
original condition.
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3.03 DAMAGE TO EXISTING PROPERTY
A. CONTRACTOR is responsible for replacing or repairing damage to existing buildings, structures,
sidewalks, roads, parking lot surfacing, and other existing assets.
B. CONTRACTOR shall have option of having OWNER contract for such Work and have cost
deducted from Contract price.
" END OF SECTION "'
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SECTION 01600
MATERIAL AND EQUIPMENT
PART1 GENERAL
1.01 REUSE OF EXISTING MATERIAL
A. Except as specifically indicated or specified, do not use materials and equipment removed from
existing structure(s) in new Work.
B. For material and equipment specifically indicated or specified to be reused in Work:
1. Use special care in removal, handling, storage, and reinstallation to ensure proper function in
completed Work.
2. Arrange and pay for transportation, storage, and handling of products which require off -site
storage, restoration or renovation.
3. Off -site storage areas and buildings shall conform to requirements of this section.
1.02 MANUFACTURER'S INSTRUCTIONS
A. Installation of equipment and materials shall comply with manufacturer's instructions. Obtain and
distribute printed copies of such instructions to parties involved in installation, including 2 copies to
ENGINEER.
Maintain one set of complete instructions at Site during installation and until completion of
Work.
B. Handle, store, install, connect, clean, condition, and adjust materials and equipment in accordance
with manufacturer's written instructions and in conformance with Specifications.
1. If Site conditions or specified requirements conflict with manufacturer's instructions, consult
ENGINEER for further instructions. Do not proceed with Work without written instructions.
1.03 TRANSPORTATION AND HANDLING
A. Arrange deliveries of materials and equipment in accordance with construction Progress Schedule,
coordinate to avoid conflict with Work and conditions at site.
1. Deliver materials and equipment in undamaged condition, in manufacturer's original
containers or packaging, with identifying labels intact and legible.
2. Protect bright machined surfaces, such as shafts and valve faces, with heavy coat of grease
prior to shipment.
3. Upon delivery, inspect shipments to ensure compliance with Contract Documents and
approved submittals, and materials and equipment have been protected and are undamaged.
B. Provide equipment and personnel to handle materials and equipment by methods recommended by
manufacturer to prevent soiling or damage to materials or equipment, or their packaging.
1.04 STORAGE, PROTECTION, AND MAINTENANCE
A. OWNER assumes no responsibility for damage or loss due to storage of materials and equipment.
B. Interior Storage:
1. Store with seals and labels intact and legible.
2. Store materials and equipment subject to damage by elements in weathertight enclosures.
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3. Maintain temperature and humidity within ranges required by manufacturer's instructions.
C. Exterior Storage:
1. Store materials and equipment above ground, on blocking or skids, to prevent soiling or
staining. Cover materials and equipment subject to deterioration with impervious sheet
coverings. Provide ventilation to avoid condensation.
D. Inspection and Maintenance:
1. Arrange storage to provide easy access for inspection, maintenance, and inventory.
2. Make periodic inspections of stored materials and equipment to ensure materials and
equipment maintained under specified conditions are free from damage or deterioration, and
coverings are in -place and in condition to provide required protection.
3. Perform maintenance on stored material and equipment in accordance with manufacturer's
written instructions and in presence of OWNER or ENGINEER.
a. Notify ENGINEER 24 hrs before performance of maintenance.
b. Submit report of completed maintenance and condition of coverings to ENGINEER with
each Application for Payment.
C. Failure to perform maintenance, to notify ENGINEER of intent to perform maintenance
or to submit maintenance report may result in rejection of material or equipment.
E. Assume responsibility for protection of completed construction and repair and restore damage to
completed Work equal to original condition.
PART2 PRODUCTS
2.01 MATERIALS AND EQUIPMENT
A. Material and Equipment Incorporated into Work:
1. Conform to applicable specifications and standards.
2. Comply with size, make, type, and quality specified or as approved by Submittal.
B. Manufactured and Fabricated Materials and Equipment:
1. Design, fabricate, and assemble in accordance with engineering and shop practices standard
with industry.
2. Manufacture like parts of duplicate units to standard sizes and gauges, to be interchangeable.
3. Two or more items of same kind shall be identical, by same manufacturer.
4. Material and equipment shall be suitable for service conditions.
C. Do not use material or equipment for purpose other than for which it is designed or specified.
PART 3 EXECUTION
(Not Used)
` °' END OF SECTION "
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SECTION 01630
SUBSTITUTIONS AND OR EQUAL
PART1 GENERAL
1.01 SUMMARY
A. This section specifies administrative and procedural requirements for approval of or equal items,
and requests for substitutions.
B. Or Equal:
1. For material or equipment specified by naming one or more material or equipment
manufacturer followed by words or equal, CONTRACTOR shall submit in accordance with
Section 01340 for equipment or manufacturer not specifically named.
2. If in ENGINEER's sole discretion item of material or equipment proposed by CONTRACTOR
is functionally equal to that named, equal in material and constructed quality, and sufficiently
similar so that no change in related Work will be required, it may be considered by
ENGINEER as or equal item, in which case review and approval of proposed item may, in
ENGINEER's sole discretion, be accomplished without compliance with some or all of
requirements for acceptance of proposed substitute item
3. If in ENGINEER's sole discretion item of material or equipment proposed by CONTRACTOR
does not qualify as or equal item it will be considered proposed substitute item.
C. Substitutions:
CONTRACTOR's requests for changes in equipment and materials from those required by
Contract Documents are considered requests for "substitutions" and subject to
CONTRACTOR's representations and review provisions of Contract Documents when one of
following conditions are satisfied.
a. Where required equipment or material cannot be provided within Contract Time.
b. Where packaging of several items of equipment from single source will provide
maintenance and coordination advantages to OWNER.
C. When CONTRACTOR proposes to provide substitute equipment or material to provide
OWNER with cost savings.
D. Conditions which are not substitutions:
1. One or Two Manufacturers or Materials: For equipment or material specified by naming only
one or two manufacturers or materials and followed by words "no substitution permitted,"
there is no option.
2. Revisions to Contract Documents, where requested by OWNER or ENGINEER, or impact of
revisions, are "changes" not "substitutions.
3. CONTRACTOR's determination of and compliance with governing regulations and orders
issued by governing authorities.
E. If specific means, method, technique, sequence or procedure of construction is required by Contract
Documents, CONTRACTOR mayfurnish or utilize substitute means, method, sequence, technique
or procedure of construction acceptable to ENGINEER if CONTRACTOR submits sufficient
information to allow ENGINEER to determine substitute proposed is equivalent to that indicated or
required by Contract Documents.
Requests for review of substitute items of material and equipment will not be accepted by
ENGINEER from anyone other than CONTRACTOR.
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1.02 SUBSTITUTION APPLICATION
A. If CONTRACTOR requests to furnish or use substitute item of material or equipment, make written
application to ENGINEER for acceptance thereof certifying proposed substitute will perform
functions and achieve results in conformance with design concept of Project, be similar and of equal
substance to specified, and be suited to same use as that specified.
B. Application shall:
1. State evaluation and acceptance of proposed substitute will not prejudice CONTRACTOR'S
achievement of Substantial Completion within Contract Price and Contract Time.
2. State whether or not acceptance of substitute for use in Work will require changes in Contract
Documents (or in provisions of other direct contracts with OWNER for other portions of
Project) to adapt design to proposed substitute.
3. State whether or not incorporation or use of substitute in connection with Work is subject to
payment of license fee or royalty.
4. Identify variations of proposed substitute from that specified.
5. Indicate available maintenance, repair, and replacement service.
6. Include itemized estimate of costs resulting directly or indirectly from acceptance of such
substitute, including costs of redesign and claims of other Contractors affected by resulting
change.
7. Include installation list of proposed substitute in applications of similar size and complexityas
this Project.
8. All of above shall be considered by ENGINEER in evaluating proposed substitute.
C. ENGINEER may require CONTRACTOR to furnish at CONTRACTOR'S expense additional data
concerning proposed substitute.
D. Application shall be on "Contractor's Request for Consideration of Substitution" form included in
Appendix of Project Manual.
E. CONTRACTOR shall reimburse OWNER for charges of ENGINEERand ENGINEER'S consultants
for evaluating each proposed substitute, whether or not ENGINEER accepts proposed substitute.
1.03 CHANGE IN CONTRACT DOCUMENTS
A. When substitute item of materials or equipment is proposed by CONTRACTOR and accepted by
ENGINEER, and substitution requires change in Contract Documents to adapt design to proposed
substitute, CONTRACTOR shall be responsible for costs involved to revise design and construction,
including costs associated with Work of other Contractors due to such variance in design or space
requirements.
Redesign and drawing revisions will be prepared by ENGINEER and CONTRACTOR shall
reimburse OWNER for charges of ENGINEER AND ENGINEER'S Consultants for redesign
and drawing preparation. Reimbursement of ENGINEER shall be based on ENGINEER'S
direct labor costs, indirect labor costs, profit on total labor, and any direct non labor expenses
such as travel or per diem.
B. If acceptance of substitute results in cost credit to OWNER, Change Order will be prepared to adjust
Contract Sum.
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1.04 REVIEW APPROVAL
A. ENGINEER will be allowed reasonable time to evaluate each proposed substitute. Burden of proof
of merit of proposed substitution is upon CONTRACTOR. ENGINEER will be sole judge of
acceptability. No substitute shall be ordered, installed or utilized without ENGINEER'S prior written
acceptance.
B. OWNER may require CONTRACTOR to furnish, at CONTRACTOR'S expense, special
performance guarantee or other surety with respect to substitutes. If required, this shall be inform
of Special Performance Guarantee and Surety Bond included in Appendix of Project Manual.
PART2 PRODUCTS
(Not Used)
99:�rc�y Ixfl411610
(Not Used)
" END OF SECTION "'
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SECTION 01740
CLEANING
PART1 GENERAL
1.01 SUMMARY
A. Execute cleaning during progress of Work and at completion of Work.
B. Refer to specification sections for specific cleaning for Products or Work.
1.02 DISPOSAL REQUIREMENTS
A. Conduct cleaning and disposal operations to comply with codes, ordinances, regulations, and
anti -pollution laws.
PART2 PRODUCTS
2.01 MATERIALS
A. Use only those cleaning materials which will not create hazards to property and persons or damage
surfaces of material to be cleaned.
PART 3 EXECUTION
3.01 DURING CONSTRUCTION
A. Comply with General Conditions.
3.02 CLEANING
A. Complete following cleaning before requesting inspection for certification of substantial completion
of entire Project or portion of Project.
1. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels, and other foreign
materials from sight exposed interior and exterior surfaces.
2. Clean haul roads, taxiway pavements and streets used as haul roads immediately during
construction of accumulated material.
' " END OF SECTION "'
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SECTION 110
MOBILIZATION AND DEMOBILIZATION
110.1 DESCRIPTION
A. Work under this section includes mobilization and demobilization.
110.2 SPECIFICATIONS
A. IDOT Specifications:
1. Term "IDOT Specifications" in this section refers to Standard Specifications for
Highway and Bridge Construction, Series of 2015, Iowa Department of
Transportation, including current revised and supplemental specifications.
110.3 EXECUTION
A. Mobilization shall be in accordance with Section 2533 of the IDOT specifications.
110.4 METHOD OF MEASUREMENT AND BASIS OF PAYMENT
A. Method of Measurement:
1. Mobilization. No separate measurement will be made for Mobilization.
B. Basis of Payment:
1. Payment for the items listed in the Method of Measurement section will be
determined by multiplying the item quantity (as determined in the Method of
Measurement) by the unit price on the Proposal Form in accordance with the
Standard Specifications.
"' END OF SECTION ' "
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IDOT AIP #912001OW100 110-2 Iowa City Municipal Airport
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SECTION 111
CONSTRUCTION SURVEY
111.1 DESCRIPTION
A. This work shall furnishing of all survey necessary for construction.
111.2 SPECIFICATIONS
A. IDOT SPECIFICATIONS
1. Term "IDOT Specifications" in this section refers to Standard Specifications for
Highway and Bridge Construction, Series of 2015, Iowa Department of
Transportation, including current revised and supplemental specifications.
111.3 EXECUTION
A. Construction Survey shall be in accordance with Section 2526 of the IDOT Specifications
and the Contract Documents.
111.4 METHOD OF MEASUREMENT AND BASIS OF PAYMENT
A. METHOD OF MEASUREMENT
1. Construction Survey. No separate measurement will be made for Construction
Survey.
1. No direct payment will be made under the item for Construction Survey. All costs
associated with Construction Survey shall be considered incidental to the work
item with which it is required.
" ` END OF SECTION "'
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IDOT AIP #912001OW100 111-2 Iowa City Municipal Airport
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SECTION 112
BARRICADES
112.1 DESCRIPTION
A. Work under this section includes installation of barricades as shown in the plans.
112.2 SPECIFICATIONS
A. IDOT Specifications:
1. Term "IDOT Specifications" in this section refers to Standard Specifications for
Highway and Bridge Construction, Series of 2015, Iowa Department of
Transportation, including current revised and supplemental specifications.
112.3 EXECUTION
A. Barricades shall be in accordance with FAA AC 150/5370-2 (Current Edition),
Operational Safety on Airports During Construction.
112.4 METHOD OF MEASUREMENT AND BASIS OF PAYMENT
A. Method of Measurement:
1. Construction Barricades. No separate measurement will be made for
construction barricades.
B. Basis of Payment:
1
IDOT AIP #912001OW100
AECOM Project 60592700
No direct payment will be made under the item for Barricades. All costs
associated with Barricades shall be considered incidental to the work item with
which it is required.
" ` END OF SECTION "'
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Reconstruct Terminal Apron & Taxiway
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IDOT AIP #912001OW100 112-2 Iowa City Municipal Airport
AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway
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SECTION 113
UNCLASSIFIED EXCAVATION
113.1 GENERAL
A. Description:
1. Removal of existing soils and offsite disposal of excess including all grading
necessary for completion of the project. Topsoil is discussed in another section of
the specifications.
113.2 SPECIFICATIONS
A. Referenced Specifications:
1. Standard Specifications for Highway and Bridge Construction, Iowa Department of
Transportation, Series of 2015, and all current supplemental specifications (Iowa
DOT Specifications).
113.3 EXECUTION
A. Unclassified Excavation shall be in accordance with Section 2102 of the IDOT Specifications.
B. Any excess material not necessaryfor construction of the project shall be disposed offsite at
no additional cost to the owner.
113.4 METHOD OF MEASUREMENT AND BASIS OF PAYMENT
A. Method of Measurement:
1. Unclassified Excavation: Will be measured on a cubic yard basis in accordance with
Article 2102.05 of Section 2105 with the exception that all excavation shall be paid
as unclassified.
B. Basis of Payment:
1. Payment for the items listed in the Method of Measurement section will be
determined by multiplying the item quantity (as determined in the Method of
Measurement) by the unit price on the Proposal Form in accordance with the
Standard Specifications.
" END OF SECTION "'
IDOT AIP #912001OW100 113-1 Iowa City Municipal Airport
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SECTION 114
EROSION CONTROL
114.1 GENERAL
A. Description:
1. Removal of existing soils and offsite disposal of excess including all grading
necessary for completion of the project. Topsoil is discussed in another section of
the specifications.
114.2 SPECIFICATIONS
A. Referenced Specifications:
1. Standard Specifications for Highway and Bridge Construction, Iowa Department of
Transportation, Series of 2015, and all current supplemental specifications (Iowa
DOT Specifications).
114.3 EXECUTION
A. Erosion Control shall be in accordance with Section 2602 of the IDOT Specifications.
114.4 METHOD OF MEASUREMENT AND BASIS OF PAYMENT
A. Method of Measurement:
1. Inlet Protection and Inlet Protection Removal: Will be measured on a per each basis
in accordance with Article 2602.05 of Section 2602.
B. Basis of Payment:
1. Payment for the items listed in the Method of Measurement section will be
determined by multiplying the item quantity (as determined in the Method of
Measurement) by the unit price on the Proposal Form in accordance with the
Standard Specifications.
" END OF SECTION "'
IDOT AIP #912001OW100 114-1 Iowa City Municipal Airport
AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway
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IDOT AIP #912001OW100 114-2 Iowa City Municipal Airport
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SECTION 115
SEEDING AND MULCHING
115.1 GENERAL
A. Description:
1. Preparation of seed bed, applying seed and fertilizer and application of hydraulic
mulch.
115.2 SPECIFICATIONS
A. Referenced Specifications:
1. Standard Specifications for Highway and Bridge Construction, Iowa Department of
Transportation, Series of 2015, and all current supplemental specifications (Iowa
DOT Specifications).
115.3 EXECUTION
A. Seeding and mulching shall be in accordance with Section 2601 of the Iowa DOT
Specifications.
B. Seed mixture shall be for urban areas and applied at double the standing Iowa DOT
Specification requirement.
C. Straw mulch shall not be used on the airfield. Only hydraulic mulch will be allowed.
D. Contractor is responsible for all watering necessary to establish a uniform growth of grass.
115.4 METHOD OF MEASUREMENT AND BASIS OF PAYMENT
A. Method of Measurement:
1. Seeding and Mulching: Will be measured on a per acre basis measured to the
nearest 0.1 acres in accordance with Article 2601.05 of Section 2601. No separate
paymentwill be made for mulching orwatering and shall be considered incidental to
this item-
B. Basis of Payment:
1. Payment for the items listed in the Method of Measurement section will be
determined by multiplying the item quantity (as determined in the Method of
Measurement) by the unit price on the Proposal Form in accordance with the
Standard Specifications.
" END OF SECTION "'
IDOT AIP #912001OW100 115-1 Iowa City Municipal Airport
AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway
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IDOT AIP #912001OW100 115-2 Iowa City Municipal Airport
AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway
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Meeting Date January 9, 2020 Page 224 of 237
SECTION 116
CONCRETE PAVEMENT
116.1 GENERAL
A. Description:
Placement of 8-Inch Portland Cement Concrete Pavement including reinforcing steel
and joint sealant.
116.2 SPECIFICATIONS
A. Referenced Specifications:
1. Standard Specifications for Highway and Bridge Construction, Iowa Department of
Transportation, Series of 2015, and all current supplemental specifications (Iowa
DOT Specifications).
2. Concrete shall use Class 3i aggregates.
3. Concrete shall meet the requirements of C4WR with the exception that the minimum
28 day compressive strength shall be 4,500 psi.
116.3 EXECUTION
A. Portland Cement Concrete Pavement shall be in accordance with Section 2301 of the Iowa
DOT Specifications. Joint sealant shall be cold silicone applied Jet Fuel resistant in
accordance with Section 4136 of the Iowa DOT Specifications.
116.4 METHOD OF MEASUREMENT AND BASIS OF PAYMENT
A. Method of Measurement:
Portland Cement Concrete Pavement: Will be measured on a square yard basis in
accordance with Article 2301.05 of Section 2301 with the exception, no incentive will
be paid for thickness. Pavement found to be deficient in thickness by more than
inch shall be removed and replaced at no additional cost to the owner.
B. Basis of Payment:
Payment for the items
determined by multiplyi
Measurement) by the u
Standard Specifications.
listed in the Method of Measurement section will be
g the item quantity (as determined in the Method of
tit price on the Proposal Form in accordance with the
" END OF SECTION "'
IDOT AIP #912001OW100 116-1 Iowa City Municipal Airport
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IDOT AIP #912001OW100 116-2 Iowa City Municipal Airport
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Meeting Date January 9, 2020 Page 226 of 237
SECTION 117
MODIFIED SUBBASE
117.1 GENERAL
A. Description:
1. Placement of 6-inch thick layer modified subbase consisting of a uniform mixture of
uniformly moistened and compacted granular material.
117.2 SPECIFICATIONS
A. Referenced Specifications:
1. Standard Specifications for Highway and Bridge Construction, Iowa Department of
Transportation, Series of 2015, and all current supplemental specifications (Iowa
DOT Specifications).
117.3 EXECUTION
A. Modified Subbase shall be in accordance with Section 2115 of the Iowa DOT Specifications.
B. Preparation of subgrade is not required as modified subbase is to be placed directly on
compacted subgrade as shown on the typical section and placed in accordance with Section
116 of these specifications.
117.4 METHOD OF MEASUREMENT AND BASIS OF PAYMENT
A. Method of Measurement:
1. Modified Subbase: Will be measured on a square yard basis at for a 6-inch
thickness and not on a cubic basis as defined in the Iowa DOT Specifications.
B. Basis of Payment:
1. Payment for the items listed in the Method of Measurement section will be
determined by multiplying the item quantity (as determined in the Method of
Measurement) by the unit price on the Proposal Form in accordance with the
Standard Specifications.
" END OF SECTION "'
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IDOT AIP #912001OW100 117-2 Iowa City Municipal Airport
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SECTION 118
TOPSOILING
118.1 GENERAL
A. Description:
1. Placement of topsoiling obtained on -site placed at uniform thickness of 6-inches
obtained on -site from stripping operations.
118.2 SPECIFICATIONS
A. Referenced Specifications:
1. Standard Specifications for Highway and Bridge Construction, Iowa Department of
Transportation, Series of 2015, and all current supplemental specifications (Iowa
DOT Specifications).
118.3 EXECUTION
A. Spreading topsoil shall be in accordance with Section 2105 of the Iowa DOT Specifications.
118.4 METHOD OF MEASUREMENT AND BASIS OF PAYMENT
A. Method of Measurement:
1. Topsoiling: Will be measured on a cubic yard basis in based on a 6-inch depth over
the topsoiling area indicated on the plans. No separate payment will be made for
disposal of excess topsoil material offsite.
B. Basis of Payment:
1. Payment for the items listed in the Method of Measurement section will be
determined by multiplying the item quantity (as determined in the Method of
Measurement) by the unit price on the Proposal Form in accordance with the
Standard Specifications.
' " END OF SECTION "'
IDOT AIP #912001OW100 118-1 Iowa City Municipal Airport
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IDOT AIP #912001OW100 118-2 Iowa City Municipal Airport
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SECTION 119
PAVEMENT REMOVAL
119.1 GENERAL
A. Description:
1. Remove HMA and PCC pavement from project area and dispose of off -site.
119.2 SPECIFICATIONS
A. Referenced Specifications:
1. Standard Specifications for Highway and Bridge Construction, Iowa Department of
Transportation, Series of 2015, and all current supplemental specifications (Iowa
DOT Specifications).
119.3 EXECUTION
A. HMA and PCC pavement removal shall be in accordance with Section 2510 of the Iowa DOT
Specifications.
119.4 METHOD OF MEASUREMENT AND BASIS OF PAYMENT
A. Method of Measurement:
1. Pavement Removal: Will be measured on a square yard basis. No separate
payment will be made for disposal of pavement off -site.
B. Basis of Payment:
1. Payment for the items listed in the Method of Measurement section will be
determined by multiplying the item quantity (as determined in the Method of
Measurement) by the unit price on the Proposal Form in accordance with the
Standard Specifications.
"' END OF SECTION " *
IDOT AIP #912001OW100 119-1 Iowa City Municipal Airport
AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway
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SECTION 120
APRON AND TAXIWAY MARKING
120.1 GENERAL
A. Description:
1. Apron and taxiway pavement marking at locations shown on drawings using
waterborne paint. Yellow paint shall include reflective media.
120.2 SPECIFICATIONS
A. Referenced Specifications:
1. Standard Specifications for Highway and Bridge Construction, Iowa Department of
Transportation, Series of 2015, and all current supplemental specifications (Iowa
DOT Specifications).
120.3 EXECUTION
A. Apron and taxiway marking shall be in accordance with Section 2527 of the Iowa DOT
Specifications.
120.4 METHOD OF MEASUREMENT AND BASIS OF PAYMENT
A. Method of Measurement:
1. Apron and Taxiway Marking: Will be measured on a square foot basis.
B. Basis of Payment:
1. Payment for the items listed in the Method of Measurement section will be
determined by multiplying the item quantity (as determined in the Method of
Measurement) by the unit price on the Proposal Form in accordance with the
Standard Specifications.
" END OF SECTION "'
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AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway
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Change Order
PROJECT:
IOWA CITY MUNCIPAL AIRPORT
RECONSTRUCT TERMINAL APRON
AND TAXIWAY
TO CONTRACTOR:
CHANGE ORDER NUMBER:
DATE:
ENGINEER'S PROJECTNUMBER: 60592700
CONTRACT DATE:
CONTRACTFOR: General Construction
THE CONTRACT IS CHANGED AS FOLLOWS:
(include, where applicable, any undisputed amount aHributable to previous executed Construction Change Directives)
The original Contract Sum was
The net change by previously authorized Change Orders
The Contract Sum prior to this Change Order was
The Contract Sum will be increased by this Change Order in the amount of
The new Contract Sum including this Change Order will be
The Contract Time will be increased by Zero (0) days.
The date of Substantial Completion as of the date of this Change Order therefore is
'Note: Due to delays in start date, date to substantial completion will be reviewed when constmction resumes in Spring.
NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum
Price which have been authorized by Construction Change Directive until the cost and time have been agreed
upon by both the Owner and Contractor, in which rase a Change Order is executed to supersede the
Construction Change Directive.
NOT VALID UNTIL SIGNED BY THE ENGINEER, CONTRACTOR AND OWNER.
AECOM
ENGINEER
500 SW 7"' Street, Suite 301
Des Moines Iowa 50309
ADDRESS
1
❑ OWNER
0/0/00
0 ENGINEER
0/0/00
❑ CONTRACTOR
❑ FIELD
❑ OTHER
IOWA CITY AIRPORT COMMISSION
OWNER
1801 South Riverside Drive
Iowa City, Iowa 52246
ADDRESS
(Prtvted Nerve) (PnWed Nerve) (Printed NamaJ
0/0/00
Airport Commission Agenda & Info Packet
Meeting Date January 9, 2020 Page 237 of 237