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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 kf A 1 A �I,J.s N.P.A. 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IT TYPE E TYPE O DOWELEDDOWELED TYPE A EXPANSION TYPE B HINGED DETAIL awe REITIT- I TYPE D* DUMMY II DETAIL 5 ,IT F ..�o.. RE I NFORCED PANELS ,v AELDED WIRE FABRIC DETAIL P.C.C. TO ASPHALT DETAIL 4 TYPICAL DOWEL BAR PLACEMENT DETAIL AT JOINT CORNERS TIE —DOWN !MOORING EVE` DETAIL DOWEL TABLE PCC THICKNESS v �a v �a I L mmmmmmmm mmmmmmmm mmmmmmmm v �a 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 IDOT AIP #912001OW 100 N-2 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 60 of 237 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 IDOT AIP #912001OW 100 N-3 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 61 of 237 THIS PAGE LEFT BLANK INTENTIONALLY IDOT AIP #912001OW 100 N-4 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 62 of 237 IIzl ftlIA11NL`P: TO BIDDERS Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 63 of 237 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 64 of 237 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 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 65 of 237 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 66 of 237 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. IDOT AIP #912001OW 100 IB-1 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 67 of 237 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; IDOT AIP #912001OW 100 IB-2 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 68 of 237 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. IDOT AIP #912001OW 100 IB-3 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 69 of 237 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). IDOT AIP #912001OW 100 IB-4 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 70 of 237 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. IDOT AIP #912001OW 100 IB-5 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 71 of 237 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 IDOT AIP #912001OW 100 IB-6 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 72 of 237 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. IDOT AIP #912001OW 100 IB-7 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 73 of 237 THIS PAGE LEFT BLANK INTENTIONALLY IDOT AIP #912001OW 100 IB-8 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 74 of 237 BID FORM Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 75 of 237 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 76 of 237 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 Airport Commission Agenda & Info Packet 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 } \ \ \ \ Cu 2 E % \ / I 0 _ k 7 / \ \ k 7 e 3 : \ / ƒ § k ® f m Wz LU §) ° !` [ yp 2 )Z uZ ke [ [ ZD R¥ p =| g& m — @_ \ (§ } �) �} \{ \ C E) § \ � )k \ /k ) / \� \\ \) nw ` f§ / \CL \{ \\ G f k� Z\ 0 / » G G o s) =a PRport Commis ion Agenda & _Pack . Meeting C \\ }/ �/ c \ CLU O @ §/ � § / \ §i = m( \ §( I / S \ §§ \ {\ co / / j \ CO 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 AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet 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 Copyright'.9 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page i 00 72 00-i Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 111 of 237 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 Copyright'.9 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 00-ii Page ii Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 112 of 237 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 Copyright '.9 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iu 00 72 00-iu Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 113 of 237 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 114 of 237 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 Copyright ® 2007 National Society of Professional Engineers far EJCUC. all rights reserved. Pane 1 of 42 00 72 00-1 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 115 of 237 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. F.JCDC C-700 Standard General Conditions of the Consuvction Contract Copyright'.9 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 00-2 Page 2 of 42 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 116 of 237 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 Copyright ® 2007 National Society of Professional Engineers for EJCDC. all rights reserved. Pane3 of 42 007200-3 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 117 of 237 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 Copyright'.9 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 00-4 Page 4 of 42 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 118 of 237 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. Pane 5 of 42 00 72 00-5 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 119 of 237 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). F.JCDC C-700 Standard General Conditions of the Construction Contract Copyright'.9 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 00-6 Paine 6 of 42 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 120 of 237 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. EJCDC C-700 Standard General Conditions of die Construction Contract Copyright ® 2007 National Society of Professional Engineers far EJCDC. all rights reserved. Pane 7 of 42 00 72 00-7 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 121 of237 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. EJCDC C-700 Standard General Conditions of the Constiuctlon Contract Copyright'.9 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 00-8 Page 9 of 42 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 122 of 237 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. EJCDC C-700 Standard General Conditions of die Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCUC. all rights reserved. Pane9 of 42 007200-9 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 123 of 237 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 F,JCDC C-700 Standard General Conditions of the Construction Contract Copyright'.9 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 00-10 Page 10 of 42 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 124 of 237 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. EJCDC C-700 Standard Gencral Conditions of die Construction Contract Copyright ® 2007 National Society of Professional Engineers far EJCUC. all nightie recerved. Paoe 11 of 42 00 72 00-11 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 125 of 237 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright'.9 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 00-12 Page 12 of 42 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 126 of 237 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. EJCDC C-700 Standard General Conditions of die Construction Contract Copyright ® 2007 National Society of professional Engineers far EJCDC. all rights reserved. Paoe 13 of 42 00 72 00-13 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 127 of 237 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright'.9 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 00-14 Page 14 of 42 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 128 of 237 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. EJCDC C-700 Standard General Conditions of die Construction Contract Copyright ® 2007 National Society of Professional Engineers far EJCDC. all rights reserved. Pay c 15 of 42 00 72 00-15 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 129 of 237 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, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright'.9 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 00-16 Page 16 of 42 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 130 of 237 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. EJCDC C-700 Standard General Conditions of die Construction Contract Copyright ® 2007 National Society of Professional Engineers far EJCDC. all rights reserved. Pare 17 of 42 00 72 00-17 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 131 of237 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright'.9 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 00-18 Page 19 of 42 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 132 of 237 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 EJCDC C-700 Standard General Conditions of die Construction Contract Copyright 0 2007 National Society of professional Engineers far EJCUC. all rights reserved. paoe 19 of 42 00 72 00-19 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 133 of 237 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright'.9 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 00-20 Page 20 of 42 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 134 of 237 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. EJCDC C-700 Standard General Conditions of die Construction Contract Copyright ® 2007 National Society of professional Engineers for EJCDC. all rights reserved. Paoe 21 of 42 00 72 00-21 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 135 of 237 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. F.JCDC C-700 Standard General Conditions of the Consuvction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 00-22 Page 22 of 42 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 136 of 237 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 EJCDC C-700 Standard General Conditions of die Construction Contract Copyright ® 2007 National Society of professional Engineers for EJCDC. all rights reserved. Paoe 23 of 42 00 72 00-23 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 137 of 237 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 F.JCDC C-700 Standard General Conditions of the Construction Contract Copyright'.9 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 00-24 Page 24 of 42 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 138 of 237 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. EJCDC C-700 Standard General Conditions of die Construction Contract Copyright ® 2007 National Society of professional Engineers far EJCDC. all rights reserved. page 25 of 42 00 72 00-25 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 139 of 237 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright'.9 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 00-26 Page 26 of 42 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 140 of 237 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; EJCDC C-700 Standard General Conditions of die Construction Contract Copyright ® 2007 National Society of Professional Engineers far EJCUC. all rights reserved. Paoe 27 of 42 00 72 00-27 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 141 of237 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 F,JCDC C-700 Standard General Conditions of the Constr-uction Contract Copyright'.9 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 00-28 Page 29 of 42 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 142 of 237 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. EJCDC C-700 Standard General Conditions of die Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCUC. all rights reserved. Paoe 29 of 42 00 72 00-29 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 143 of 237 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. EJCDC C-700 Standard General Conditions of the Consnvction Contract Copyright'.9 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 00-30 Paec 30 of 42 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 144 of 237 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 EJCDC C-700 Standard General Conditions of die Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCUC. all rights reserved. Paoe 31 of 42 00 72 00-31 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 145 of 237 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. EJCDC C-700 Standard General Conditions of the Construction, Contract Copyright'.9 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 00-32 Page 32 of 42 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 146 of 237 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. EJCDC C-700 Standard General Conditions of die Construction Contract Copyright ® 2007 National Society of Professional Engineers far EJCDC. all rights reserved. Pate 33 of 42 00 72 00-33 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 147 of 237 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 EJCDC C-700 Standard General Conditions of the Consh'uctlon Contract Copyright'.9 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 00-34 Page 34 of 42 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 148 of 237 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. EJCDC C-700 Standard General Conditions of die Construction Contract Copyright ® 2007 National Society of Professional Engineers far EJCDC. all rights reserved. Paoe 35 of 42 00 72 00-35 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 149 of 237 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 F.JCDC C-700 Standard General Conditions of the Const-riction Contract Copyright'.9 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 00-36 Page 36 of 42 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 150 of 237 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 EJCDC C-700 Standard General Conditions of die Construction Contract Copyright ® 2007 National Society of professional Engineers far EJCDC. all rights reserved. Paoe 37 of 42 00 72 00-37 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 151 of237 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 00-38 Page 39 of 42 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 152 of 237 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. EJCDC C-700 Standard General Conditions of die Construction Contract Copyright ® 2007 National Society of Professional Engineers far EJCDC. all rights reserved. Paoe 39 of 42 00 72 00-39 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 153 of 237 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; EJCDC C-700 Standard General Conditions of the Consuvctlon Contract Copyright'.9 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 00-40 Page 40 of 42 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 154 of 237 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. EJCDC C-700 Standard General Conditions of die Construction Contract Copyright ® 2007 National Society of Professional Engineers far EJCDC. all rights reserved. Pool, 41 of 42 00 72 00-41 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 155 of 237 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright .9 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 00-42 Page 42 of 42 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 156 of 237 SUPPLEMENTARY CONDITIONS Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 157 of 237 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 158 of 237 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 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 159 of 237 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 160 of 237 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. IDOT AIP #912001OW 100 SC-1 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 161 of237 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. IDOT AIP #912001OW 100 SC-2 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 162 of 237 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, IDOT AIP #912001OW 100 SC-3 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 163 of 237 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 IDOT AIP #912001OW 100 SC-4 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 164 of 237 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. IDOT AIP #912001OW 100 SC-5 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 165 of 237 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, IDOT AIP #912001OW 100 SC-6 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 166 of 237 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. IDOT AIP #912001OW 100 SC-7 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 167 of 237 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 IDOT AIP #912001OW 100 SC-8 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 168 of 237 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 IDOT AIP #912001OW 100 SC-9 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 169 of 237 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 . , IDOT AIP #912001OW 100 SC-10 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 170 of 237 CONTRACT COMPLIANCE PROGRAM Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 171 of237 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 172 of 237 Contract Compliance Program CITY OFIOWA CITY Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 173 of 237 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 174 of 237 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. IDOT AIP #9120010WA100 CC-1 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 175 of 237 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'? IDOT AIP #9120010WA100 CC-2 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 176 of 237 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 IDOT AIP #9120010WA100 CC-3 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 177 of 237 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. IDOT AIP #912001OW 100 CC-4 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 178 of 237 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. IDOT AIP #912001OW 100 CC-5 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 179 of 237 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, IDOT AIP #912001OW 100 CC-6 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 180 of 237 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) IDOT AIP #912001OW 100 CC-7 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 181 of237 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) IDOT AIP #912001OW 100 CC-8 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 182 of 237 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, IDOT AIP #912001OW 100 CC-9 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 183 of 237 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. IDOT AIP #912001OW 100 CC-10 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 184 of 237 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) IDOT AIP #912001OW 100 CC-11 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 185 of 237 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) IDOT AIP #912001OW 100 CC-12 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 186 of 237 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) IDOT AIP #912001OW 100 CC-13 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 187 of 237 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. IDOT AIP #912001OW 100 CC-14 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 188 of 237 SPECIFICATIONS Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 189 of 237 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 190 of 237 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. IDOT AIP #912001OW 100 01010-1 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 191 of237 PART2 PRODUCTS (Not Used) 1ail :4I BMONMcGill Ile]0 (Not Used) ' " END OF SECTION "' IDOT AIP #912001OW 100 01010-2 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 192 of 237 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. IDOT AIP #912001OW 100 01340-1 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 193 of 237 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. IDOT AIP #912001OW 100 01340-2 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 194 of 237 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. IDOT AIP #912001OW 100 01340-3 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 195 of 237 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. IDOT AIP #912001OW 100 01340-4 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 196 of 237 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. IDOT AIP #912001OW 100 01340-5 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 197 of 237 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. IDOT AIP #912001OW 100 01340-6 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 198 of 237 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 " IDOT AIP #912001OW 100 01340-7 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 199 of 237 THIS PAGE LEFT BLANK INTENTIONALLY IDOT AIP #912001OW 100 01340-8 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 200 of 237 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. IDOT AIP #912001OW 100 01500-1 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 201 of 237 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. IDOT AIP #912001OW 100 01500-2 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 202 of 237 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 "' IDOT AIP #912001OW 100 01500-3 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 203 of 237 THIS PAGE LEFT BLANK INTENTIONALLY IDOT AIP #912001OW 100 01500-4 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 204 of 237 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. IDOT AIP #912001OW 100 01600-1 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 205 of 237 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 " IDOT AIP #912001OW 100 01600-2 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 206 of 237 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. IDOT AIP #912001OW 100 01630-1 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 207 of 237 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. IDOT AIP #912001OW 100 01630-2 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 208 of 237 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 "' IDOT AIP #912001OW 100 01630-3 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 209 of 237 THIS PAGE LEFT BLANK INTENTIONALLY IDOT AIP #912001OW 100 01630-4 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 210 of237 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 "' IDOT AIP #912001OW 100 01740-1 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 211 of237 THIS PAGE LEFT BLANK INTENTIONALLY IDOT AIP #912001OW 100 01740-2 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 212 of 237 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 ' " IDOT AIP #912001OW100 110-1 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 213 of 237 THIS PAGE LEFT BLANK INTENTIONALLY IDOT AIP #912001OW100 110-2 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 214 of 237 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 "' IDOT AIP #912001OW100 111-1 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 215 of 237 THIS PAGE LEFT BLANK INTENTIONALLY IDOT AIP #912001OW100 111-2 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 216 of 237 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 "' 112-1 Iowa City Municipal Airport Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 217 of 237 THIS PAGE LEFT BLANK INTENTIONALLY IDOT AIP #912001OW100 112-2 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 218 of 237 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 AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 219 of 237 THIS PAGE LEFT BLANK INTENTIONALLY IDOT AIP #912001OW100 113-2 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 220 of 237 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 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 221 of 237 THIS PAGE LEFT BLANK INTENTIOANLLY IDOT AIP #912001OW100 114-2 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 222 of 237 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 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 223 of 237 THIS PAGE LEFT BLANK INTENTIONALLY IDOT AIP #912001OW100 115-2 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet 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 AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 225 of 237 THIS PAGE LEFT BLANK INTENTIONALLY IDOT AIP #912001OW100 116-2 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet 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 "' IDOT AIP #912001OW100 117-1 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 227 of 237 THIS PAGE LEFT BLANK INTENTIONALLY IDOT AIP #912001OW100 117-2 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 228 of 237 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 AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 229 of 237 THIS PAGE LEFT BLANK INTENTIONALLY IDOT AIP #912001OW100 118-2 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 230 of 237 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 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 231 of 237 THIS PAGE LEFT BLANK INTENTIONALLY IDOT AIP #912001OW100 119-2 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 232 of 237 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 "' IDOT AIP #912001OW100 120-1 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 233 of 237 THIS PAGE LEFT BLANK INTENTIONALLY IDOT AIP #912001OW100 120-2 Iowa City Municipal Airport AECOM Project 60592700 Reconstruct Terminal Apron & Taxiway Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 234 of 237 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 235 of 237 Airport Commission Agenda & Info Packet Meeting Date January 9, 2020 Page 236 of 237 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