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HomeMy WebLinkAboutPROJECT MANUAL ACOM Project Manual For: _ F.Y. 2013 WPCF Bar Screen Heater Replacement - Waterloo, Iowa City Contract No. 839 AECQM #60184424 Prepared For: City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Prepared By: AECOM 501 Sycamore Street, Suite 222 P.O. Box 1497 Waterloo, Iowa 50704-1497 August 2012 F.Y. 2013 WPCF BAR SCREEN HEATER REPLACEMENT CITY CONTRACT NO. 839 CITY OF WATERLOO, IOWA Prepared For: City of Waterloo, Iowa Prepared By: AECOM August 2012 I hereby certify that this engineering document was prepared by me or under my oililyflf4kfttilYtrtir fit F/�d'`� direct personal supervision and that I am a duly licensed Professional Engineer e�0FESSi0 under the laws of the state of Iowa. 94, RICHARD L. BUENGER RICHARD L. BUENGER, �;• 8148 �� _ Date 'o License No. 8148 %"'ttttFrtwf�,tttt�'`''��`�� My license renewal date is December31, 2013 Pages or sheets covered by this seal: All Pages Date Issued: FY 2013 WPCF BAR SCREEN HEATER REPLACEMENT CITY CONTRACT NO. 839 CITY OF WATERLOO, IOWA CONTRACT DOCUMENTS TABLE OF CONTENTS Page 1. NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS..........................NPHB-1 to NPHB-4 2. INSTRUCTIONS TO BIDDERS.........................................................................IB-1 to I13-9 3. FORM OF BID OR PROPOSAL ........................................................................BF-1 to BF-2 4. SALES TAX EXEMPTION INFORMATION FORM ...........................................STE-1 5. FORM OF BID BOND........................................................................................BB-1 6. NON-COLLUSION AFFIDAVITS .......................................................................NCA-1 to NCA-2 7. EQUAL OPPORTUNITY CLAUSE.....................................................................EOC-1 to EOC-2 8. RECIPROCAL RESIDENT BIDDER PREFERENCE AND RESIDENT BIDDER CERTIFICATION..............................................................RR-1 to RR-2 9. AFFIRMATIVE ACTION PROGRAM .................................................................1 to 9 10. POTENTIAL ITEMS OF WORK FOR MBE/WBE PARTICIPATION .................M-1 SUBCONTRACTOR'S BID REQUEST FORM. ....................................M-2 LETTER FORM FOR SUBCONTRACTOR QUOTES..........................M-3 MBE/WBE SCOPE LETTER.................................................................M-4 MBE AND/OR WBE PREBID CONTACT INFORMATION FORM.......M-5 to M-6 11. CERTIFIED MBE/WBE CONTRACTORS -CITY OF WATERLOO..................1-5 12. STATEMENT OF BIDDER'S QUALIFICATIONS...............................................SQ-1 to SQ-2 13. GENERAL SPECIAL PROVISIONS...................................................................GSP-1 to GSP-4 14. SPECIAL PROVISIONS.....................................................................................SP-1 to SP-2 Section 01 11 00 Summary of Work....................................................01 11 00-1 to 01 11 00-2 Section 01 31 26 Engineer's Status During Construction....................01 31 26-1 to 01 31 26-5 Section 01 33 10 Submittals................................................................01 33 10-1 to 01 33 10-8 _ Section 01 35 16 Alteration Procedures ..............................................01 35 16-1 to 01 35 16-4 Section 01 5010 Temporary Construction Facilities and Utilities........01 50 10-1 to 01 50 10-4 Section 01 60 10 Material and Equipment...........................................01 60 10-1 to 01 60 10-5 Section 01 74 13 Cleaning...................................................................01 74 13-1 to 01 74 13-2 Section 01 7823 Operation and Maintenance(O&M) Data ................01 78 23-1 to 01 78 23-14 Section 01 78 39 Project Record Drawings.........................................01 78 39-1 to 01 78 39-2 15. GENERAL SPECIFICATIONS FOR CONSTRUCTION ....................................GS-1 to GS-14 BarScreen Bldg HeaterRplcmnt-60184424(113632) 16. SUPPLEMENTAL GENERAL SPECIFICATIONS FOR CONSTRUCTION ......SGS-1 17. FORM OF CONTRACT......................................................................................C-1 to C-4 18. FORM OF PERFORMANCE BOND..................................................................PFB-1 to PFB-2 19. FORM OF PAYMENT BOND.............................................................................PB-1 to PB-2 20. PLAN DRAWING NO. 11-SH-2A — BarScreen Bldg HeaterRplcm nt-601 84424(113632) NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost and the NOTICE TO BIDDERS For the Taking of Construction Bids For the F.Y. 2013 WPCF BAR SCREEN HEATER REPLACEMENT CITY CONTRACT NO. 839 In the City of Waterloo, Iowa RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 241h day of September , 2012, until 4:00 p.m for the construction of the F.Y. 2013 WPCF BAR SCREEN HEATER REPLACEMENT, CITY CONTRACT NO. 839, as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in open Council meeting to be held in the Council Chambers in the City Hall in the City of Waterloo, Iowa, on the 24th day of _ September 2012, at 5:30 p.m , and the proposals will be acted upon at such later time and place as may then be fixed. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above-described improvement project at 5:30 p.m on September 24 2012 said hearing to be held in the Council Chambers in the City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said improvements heretofore prepared by AECOM are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. SCOPE OF WORK The extent of the work involved is the construction of cured-in-place sanitary sewer lining and rehabilitation of existing sanitary sewer manholes and other incidental items for the F.Y. 2013 WPCF BAR SCREEN HEATER REPLACEMENT, CITY CONTRACT NO. 839, City of Waterloo, Iowa. BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced within ten (10) working days after receipt of "Notice to Proceed"and all items shall be completed on or before December 17 2012 . METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against bi-monthly estimates in cash on the basis of ninety-five percent (95%) of the work as it is completed and materials delivered and work approved. Final payment will be made thirty-one (31) days after completion of the work and acceptance by the Council. Before final payment is made, vouchers showing that all subcontractors and workmen and all persons furnishing materials have N P H B-1 BarScreenBldg HeaterRplcmnt-(J 184424(113632) been fully paid for such materials and labor will be required unless the City is satisfied that material, men — and laborers have been paid. The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay estimates, according to Chapter 384.57 of the Code of Iowa, payment may be made by anticipatory — warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A, Code of Iowa. PLANS AND SPECIFICATIONS — Plans and Specifications governing the construction of the proposed improvements have been prepared by AECOM, which plans and specifications and also the prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice, and the proposed — contract by reference shall be executed in compliance therewith. Plans and Specifications are available from AECOM office, 501 Sycamore Street, Suite 222, — Waterloo, Iowa, upon receipt of a$25.00 deposit-CHECK ONLY. Said deposit is fully refundable if plans and specifications are returned in good condition within 14 days after the award of contract. No deposits will be refunded for any plans received after the 14 thconsecutive day, which includes plans returned via mail service. Planholders are responsible for ascertaining when the project has — been awarded. This deposit policy shall also apply to the prime contractor awarded the project for all plans and — specifications obtained and distributed by the prime contractor to their subcontractors and suppliers in determining the prime contractor's bid, if the prime contractor wishes for their deposit to be returned. Upon award of project, the prime contractor shall be supplied with the needed number of plans and — specifications at no additional cost. CONTRACT AWARD — A contract will be awarded to the qualified bidder submitting the lowest bid. The City reserves the right to reject any or all bids, re-advertise for new bids, and to waive informalities in — the bids submitted that might be in the best interest of the City. Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty(30) days from the day of — the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding the contract. By virtue of statutory authority, a preference will be given to products and provisions grown and coal — produced with the State of Iowa and preference will be given to local domestic labor in the construction of the improvement. PROPOSALS SUBMITTED The bidder shall submit bids on the items listed in the proposal. The bidder shall clearly write or type the unit bid price and the bid item extension (Unit Price x Estimated Qty) in numerals on the blanks provided. — Should there be any discrepancy between the unit bid price and extension, the City of Waterloo shall consider the unit bid price as being the valid unit bid price. The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price and Total Bid. The computer-generated spreadsheet shall include all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer-generated spreadsheet, the NPHB-2 BarScreenBldgHeaterRplcmnt-60184424(113632) TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond, (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the Bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. PERFORMANCE AND PAYMENT BONDS The successful bidder will be required to furnish Performance and Payment Bonds within ten (10) days ` after forms are presented to him in an amount equal to one hundred percent (100%) of the contract price, said bonds to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained, and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operations of the contractor. MAINTENANCE BOND Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. CONTRACT COMPLIANCE PROGRAM /SUBCONTRACTING The program proposes numerical projections regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as Subcontractors, vendors and suppliers in the performance of Contracts awarded by the City of Waterloo, Iowa. A goal of at least ten percent (10%)for MBE participation on all City funded construction projects that are estimated at $50,000.00 or more. A goal of at least two percent (2%) for WBE participation on all City funded construction projects that are estimated at $50,000.00 or more. Any project funded in part or in total with federal funds shall follow the respective agencies contract compliance program and goals. The Prime Contractor shall make "good-faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontractors, suppliers or vendors must provide the Prime Contractor a reasonably competitive price for the service being rendered or the Contractor is not required to accept their bid. LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the specified contract period, plus authorized extensions, the contractor shall pay to the City Liquidated Damages in the amount of five hundred dollars ($500.00) per day, for each day, as further described herein, in excess of the authorized time. Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that the contractor does, or could have worked, from Monday through Saturday. Sundays will be NPHB-3 BarScreen6ldgHeaterRplcmnt-60184424(113632) counted only if work is performed. Partial working days will be considered as a full working day. Days not chargeable for Liquidated Damages will include rain days, Sunday if no work is done, and legal holidays. Working days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work the Contractor shall submit to the Engineer in writing a request that working days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering and contract administration. PRE-CONSTRUCTION CONFERENCE Before the work is commenced on this contract, a conference shall be held for the purpose of discussing the contract. The conference shall be attended by the prime contractor, subcontractors and City Officials. RECIPROCAL RESIDENT BIDDER PREFERENCE Attention of bidders is called to the requirement of complying with the provisions of the Reciprocal Resident Bidder Preference requirement. Each bidder submitting a bid shall execute and include with the bid, a Resident Bidder Certification in the form herein provided, to the effect that he will not have as employees, Illinois laborers on the work site. SALES TAX EXEMPTION CERTIFICATES Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building materials or supplies in the performance of construction contracts let by the City of Waterloo. Published pursuant to the provisions of Chapter 26 of the Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the day of 2012. CITY OF WATERLOO, IOWA BY: Suzy Shares City Clerk * * * END OF SECTION NPHB-4 BarScreenBldgHeaterRplcmnt-60184424(113632) INSTRUCTIONS TO BIDDERS 1. EXPLANATIONS TO BIDDERS Any explanation desired by a bidder regarding the meaning or interpretation of the Notice to Bidders, Plans, Specifications, etc., must be requested in writing and with sufficient time allowed for a reply to reach bidders before submission of their bids. Any interpretation made will be in the -- form of an amendment of the Notice to Bidders, Plans, Specifications, etc., and will be furnished to all prospective bidders. Its receipt by the bidder must be acknowledged in the space provided on the Proposal Form or by letter or telegram received before the time set for opening of bids. Oral explanations or instructions given before the award of the contract will not be binding. 2. EXAMINATION OF PROPOSED WORK Bidders should visit the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Failure to do so will not relieve bidders from responsibility for estimating properly the difficulty or cost of successfully performing the work. The owner will assume no responsibility for any understanding or representation concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the Notice to Bidders, the Specifications or related documents. 3. PREPARATION OF BIDS a. Bids shall be submitted on the forms furnished, or copies thereof, and must be manually signed. If erasures or other changes appear on the forms, each erasure or change must be initialed by the person signing the bid. The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price, and Total Bid. The computer- generated spreadsheet shall include all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer-generated spread- sheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal. b. The Bid Form may provide for submission of a price or prices for one or more items, which may be lump sum bids, alternate prices, schedule items resulting in a bid on a unit of construction or a combination thereof, etc. When the Bid Form explicitly requires that the bidder bid on all items, failure to do so will disqualify the bid. When submission of a price on all items is not required, bidders should insert the words "no bid" in the space provided for any item on which no price is submitted. C. Unless called for, alternate bids will not be considered. d. Modifications of bids already submitted will be considered if received at the office designated in the Notice to Bidders by the time set for closing of bids. Telegraphic modifications will be considered, but should not reveal the amount of the original or revised bid. e. In preparing his bid, the bidder shall specify the price, written legibly in ink or with the typewriter, at which he proposes to do each item of work. The unit price shall be stated in figures in the blank space provided (i.e., $7.14). In items where unit price is required, 113-1 BarSCreenBldgHeaterRplcmnt-60184424(113632) the total amount of each item shall be computed at the unit prices bid for the quantities — given on the Bid Form and stated in figures in the blank space provided. If the bidder chooses to submit the unit prices, total bid price, and total bid on a computer-generated spreadsheet, all numbers shall be easily legible. — f. Any changes or alterations made in the Bid Form, or any addition thereto, may cause the rejection of the bid. No bid will be considered which contains a clause in which the — contractor reserves the right to accept or reject a contract awarded him by the city Council of Waterloo. Bids in which the unit prices are obviously unbalanced may be rejected. _ 4. SUBMISSION OF BIDS a. A bid must be sealed in a separate envelope and marked to indicate its contents — and be accompanied by the bid security in a separate envelope. If forwarded by mail, the two envelopes shall be placed in a third and mailed to the City Clerk/Auditor. All bids must be filed with the City Clerk/Auditor of the City of Waterloo at his office in the City Hall before the time specified for closing bids. — b. Bids received prior to the advertised hour of opening will be securely kept sealed. The officer whose duty it is to open them will decide when the specified time has arrived, and — no bid received thereafter will be considered; except that when a bid arrives by mail after the time fixed for opening, but before the reading of all other bids is completed, and it is shown to the satisfaction of the City of Waterloo, Iowa, that the non-arrival on time was due solely to delay in the mails for which the bidder was not responsible, such bid will be received and considered. C. Bidders are cautioned that, while telegraphic modifications of bids may be received as — provided above, such modifications, if not explicit and if in any sense subject to misinterpretation, shall make the bid so modified or amended, subject to rejection. 5. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids and modifications or withdrawals thereof received at the office designated in the Notice to Bidders after the exact time set for closing of bids will not be considered. However, a — modification which is received from an otherwise successful bidder, and which makes the terms of the bid more favorable to the City of Waterloo, will be considered at any time it is received and may therefore be accepted. Bids may be withdrawn by written or telegraphic request received from bidders prior to the time set for closing of bids. — 6. PUBLIC OPENING OF BIDS Bids will be publicly opened at that time and place set for opening in the Notice to Bidders. Their content will be made public for the information of bidders and others interested who may be present either in person or by representative. 7. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on — an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will — be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into 113-2 BarSCreenBldgHeaterRplcmnt-60184424(113632) the Contract and furnish the required bond, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the bidder and -- the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. 8. COLLUSIVE AGREEMENTS a. Each bidder submitting a bid shall execute and include with the bid, a Non-Collusion Affidavit in the form herein provided, to the effect that he as not colluded with any other person, firm, or corporation in regard to any bid submitted. b. Each bidder submitting a bid shall have each proposed subcontractor, if any, execute and submit to the City Contract Compliance Officer by 5:00 P.M. the business day following the day bids on this project are due, a Non-Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. Before executing any subcontract, the successful bidder shall submit the name of any proposed subcontractor for approval by the City. 9. MINORITY AND/OR WOMEN BUSINESS ENTERPRISE SUBCONTRACTORS a. CITY OF WATERLOO AND/OR WOMEN BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM The City of Waterloo Minority and/or Women Business Enterprise Pre-Bid Contact Information Form shall be submitted with the Form of Bid or Proposal. Failure to do so shall be grounds for the bid being rejected if subcontracting is proposed by the prime contractor. 10. MBE/WBE CONTRACT COMPLIANCE PROGRAM PURPOSE The purpose of the Contract Compliance Program (hereinafter called Program) is to act as an impetus for increasing the participation of minority and women disadvantaged business enterprise (MBE/WBE) in City awarded construction contracts. The Program does not propose to eliminate any bonafide contractor or subcontractor from bidding on City contracts, but it will hopefully serve as a needed stimulus to help local MBE/WBE's grow and eventually become mainstream contractors and subcontractors. This Contract Compliance Program does not propose to include any set-aside or quotas, but only flexible goals where "good-faith efforts" are required by the contractor to use MBE/WBE subcontractors. This Program shall not eliminate the need for contractors to continue their "good-faith efforts" in using MBE/WBE subcontractors on City contracts estimated at less than $50,000. The City of Waterloo will make every effort to reduce in-house construction and maintenance work that would be more cost effectively performed by the private sector and, thus, would allow additional bidding opportunities for MBE/WBE firms. The City Contract Compliance Officer shall be advised of all City of Waterloo awarded construction contracts. 1 B-3 BarSCreenB Idg HeaterRplcm nt-60184424(113632) DEFINITIONS — Goals: A flexible numerically expressed objective which contractors are required to make "good- faith efforts." The key to the requirement is to make documented efforts. Goals are neither set-a-sides nor a device to achieve proportional representation or equal results. Numerical goals do not create set-a-sides for specific groups, nor are they designed to achieve proportional representation or equal results. Rather, the goal-setting process in — affirmative action planning is used to target and measure the effectiveness of affirmative action efforts to eradicate and prevent discrimination. Quota: A flat numerical requirement that the contractor is required to meet in order to obtain the benefit or be in compliance. The numerical goal component of affirmative action programs is not designed to be, nor may it properly or lawfully be interpreted as, permitting unlawful preferential treatment and quotas with respect to persons of any race, color, religion, sex, or national origin. The regulations at 41 CFR 60-2.12(a), 60-2.15 and 60-2.30, specifically prohibit discrimination and the use of goals as quotas. (U.S. Department of Labor) Set-Aside: An arrangement in which a particular contract is reserved for competition solely among minority and women business enterprises. Contractor: As used in this document means contractor, subcontractor, supplier, vendor, and professional service provider. Minority Business Enterprise(MBE) _ rities and whose Any business, which is at least 51%, owned by one or more mino management and daily business operations are controlled by one or more such individuals and is on the current State Unified Certification List, or were listed on the City of Waterloo Certified MBE/WBE Contractors list as of July 1, 2002 Women Business Enterprise (WBE): Any business which is at least 51% owned by one or more women and whose — management and daily business operations are controlled by one or more such individuals and is on the current State Unified Certification List, or were listed on the City of Waterloo Certified MBE/WBE Contractors list as of July 1, 2002 Minority: Any person or persons who are considered as socially and economically disadvantaged because of their identity as a group member without regard to their individual qualities. The groups include: Black American, Hispanic American, Native Americans, Eskimos, Aleuts, and Asian-Pacific Americans. 13 C.F.R. 124-1.1(c)(3)(ii)(1 983). Lowest Responsible Bidder: -- Bidder who has offered the lowest bid and who has exhibited skill relative to the type of work bid on, judgment, financial responsibility, and evidence of working with the Affirmative Action Employment Program and the Contract Compliance Program. — Broker: One buying or selling for others on commissionor other fee basis without maintaining a warehouse or other similar inventory storage facility. — Mayor's Advisory Committee: IB-4 BarSCreenBldgHeaterRplcmnt-60184424(113632) Mayor's Advisory Committee for Minority, Female, and Disadvantaged Business Enterprise. Good Faith Efforts: The successful bidder shall be selected on the basis of having submitted the lowest responsible bid. The obligation of the bidder is to make good faith efforts. The bidder can demonstrate that it has done so by the following: 1. The Prime Contractor met the project goal - No Action necessary 2. If the Prime Contractor failed to meet the goal, they must submit documentation of good faith efforts. CONTRACT COMPLIANCE PROGRAM SUBCONTRACTING The program proposes numerical projections or goals regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as subcontractors in the performance of contracts awarded by the City of Waterloo, Iowa. A goal of at least 10% for MBE participation on all City funded construction projects that are estimated at $50,000 or more and projects under $50,000 where applicable at the Contract Compliance Officer's discretion. There is at least 2% WBE goal on City funded projects. Any project which is funded solely or in part with Federal funds shall follow the respective agencies contract compliance program and goals. Any project which is funded solely or in part with State funds shall follow the respective agencies contract compliance program and goals. The City of Waterloo Contract Compliance Program is for City awarded construction contracts only. The prime contractor shall make "good-faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontracts must provide the prime contractor a reasonably competitive price for the service being rendered or the contractor is not required to accept the bid. Administrative Reconsideration: As part of this reconsideration, the bidder will have the opportunity to provide written documentation or arguments concerning the issue of whether they made adequate good faith efforts to meet the goals. The bidder will have the opportunity to meet in person with the City of Waterloo's Administrative Reconsideration Committee to discuss the issue of whether they made adequate good faith efforts. The Administrative Reconsideration Committee will forward a written decision on reconsideration to the Mayor and City Council, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so. Documentation required will include but is not limited to the following: Making portions of the work available for MBE/WBE subcontracting " Evidence of negotiating with MBE/WBE firms MBE/WBE quotes obtained and non-MBE/WBE quotes used Reasons agreements were not reached Follow-up after initial solicitations Efforts to assist in obtaining equipment, supplies and materials (at competitive prices), bonding, lines of credit, insurance, etc. Evidence of past compliance or non-compliance by same contractor The Contract Compliance Officer will determine the weight to be given to each item listed above(supported by appropriate documentation) based on overall program goals. 1 B-5 BarS CreenBldg HeaterRplcm nt-60184424(113632) RESPONSIBILITIES 1. City of Waterloo A. The City Contract Compliance Officer has the responsibility to assure the City's — compliance with Federal, State and Municipal regulations. B. The City Contract Compliance Officer is responsible for maintaining a current — directory of certified firms. Certification of MBENVBE/DBE contractors is through the Iowa Department of Transportation and its Unified Certification Program. Only firms certified based on guidelines prescribed in 49 CFR Part 26 and — provisions of this agreement, shall be recognized as certified by the City of Waterloo. C. The City Contract Compliance Officer is responsible for making available a list of — future project information notices to MBE/WBE firms. D. The City Contract Compliance Officer shall send notices to appropriate MBENVBE firms in the directory of each bid solicitation with opening date.E. The City Contract Compliance Officer will receive MBENVBE Letter(s) of Intent to Bid and within two (2) business days forward the complete list of MBENVBE — bidders who submitted a Letter of Intent to Bid to prime contractors. H. Prime Contractors In order to be in compliance with the guidelines of this program, the prime contractor must show good-faith efforts in following the MBENVBE Contract Compliance Program. Good-faith efforts include, but are not limited to, the following: — A. Prime contractors shall send solicitation letters (Form CCO-3) to appropriate MBENVBE (those certified in directory prepared by City Contract Compliance Officer) at least seven (7) working days prior to bid date. Letters should identify specific items to be subcontracted. A minimum of three (3) disadvantaged business contacts must be made and documented, if there are at least three disadvantaged businesses offering services in the area to be subcontracted (See — City of Waterloo MBENVBE Certification List). If less than three (3) are offering the services to be subcontracted, then a contact is required for any that are listed as providing that service. If the Prime Contractor submits a MBENVBE contact not on the City's MBE/WBE list, attach a copy of the MBENVBE/DBE — Certifications from another government agency. B. If a prime contract bidder is unable to identify MBENVBE firms to perform portions of the work, the City Contract Compliance Officer should be contacted for assistance immediately. C. Prime contract bidders may solicit MBENVBE proposals by telephone or personal — interviews, but all such contacts shall be confirmed by Certified Mail, or subcontract bid request forms (Form CCO-2). D. If any MBE/WBE business submitting bids is not selected for subcontract award, -- documentation must accompany the "MBE/WBE Business Enterprise Pre-Bid Contact Information Form (Form CCO-4 and CCO-4A) on why the MBENVBE was not selected. These reasons could include: — 18-6 BarSCreenBldgHeaterRplcmnt-60184424(113632) a. Not low bid. Copies of the competing bids may be required for verification. — b. MBE/WBE did not bid, withdrew bid or non-responsive. C. Documentation of other business-related reason for not selecting the MBE/WBE business for a subcontract. d. Prime contractor self performs work. e. Any other reason relied on by prime. The Contract Compliance Officer will determine the weight to be given to each item listed above(supported by appropriate documentation) based on overall program goals. MBE/WBE Firms A. MBE/WBE firms shall be certified by the Iowa Department of Transportation as owners and controllers of their respective businesses, or were listed on the City — of Waterloo Certified MBE/WBE Contractors list as of July 1, 2002. B. MBE/WBE firms must perform the work on the project; they cannot act as a broker by subcontracting the work out to others. C. Each MBE/WBE firm planning to submit quotes on construction projects with goals, shall submit a Letter of Intent to Bid (Form CCO-5) to the City Contract Compliance Officer seven (7) working days prior to bid opening, listing specific — items which the MBE/WBE firm is interested in bidding. If sufficient Letters of Intent to Bid are not received by the City Contract Compliance Officer seven (7) working days prior to bid opening, goals on subject project will be reduced accordingly. Agreements between the bidder/proposer and a MBE/WBE in which the MBE/WBE promises not to provide subcontracting quotations to other bidders/proposers are prohibited. _ NON-COMPLIANCE OF CONTRACTORS A. Noncompliance exists when the contractor's actions are not consistent with the requirements of the Contract Compliance Program in the areas of employment and subcontracting. B. A bidder's failure to show good-faith efforts to meet project goals or a failure to use certified MBE/WBE firms may be grounds for finding its bid not responsible. C. The Contract Compliance Officer shall submit to City Council his/her recommendation on any non-compliant contract in writing. NOTICE TO PROCEED Notice to proceed on any project with goals will not be issued until City Contract Compliance Officer determines the lowest responsible bidder has used good-faith efforts to comply with this Compliance Program and the bid was responsive. CONCLUSION This program repeals or revises all sections of previous Waterloo Contract Compliance Programs. 113-7 BarSCreenBldgHeaterRplcmnt-60184424(113632) 11. EMPLOYMENT AND BUSINESS OPPORTUNITY To the greatest extent feasible, suppliers, subcontractors, and low income workers owning businesses or living in the Waterloo area must be given priority in supplying materials, bidding for subcontract work, or applying for employment by the contractor on this project. Opportunities for — training and for employment arising in connection with this project shall to the greatest extent feasible be made available to lower income persons residing in the project area. The contract area is the City of Waterloo. — The City of Waterloo will require the contractor to document his efforts in securing lower income workers living in the project area and in purchasing supplies from, and awarding subcontracts to, businesses owned by persons residing in the project area. — 12. STATEMENT OF BIDDER'S QUALIFICATIONS Each bidder shall, upon request of the City of Waterloo, Iowa, submit on the form furnished for that purpose (a copy of which is included in the contract documents), a statement of bidder's qualifications, his experience record in constructing the type of improvements embraced, and his organization and equipment available for the work contemplated; and, when specifically requested, a detailed financial statement. The City of Waterloo, Iowa, shall have the right to take such steps as it deems necessary to determine the ability of the bidder to perform his obligations under the contract, and the bidder shall furnish the City of Waterloo, Iowa, all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy the City of Waterloo, Iowa, that the bidder is qualified to carry out properly the terms of the contract. 13. AWARD OF CONTRACT a. Award of contract will be made to that responsive and responsible bidder whose bid, conforming to the Specifications, is most advantageous to the City of Waterloo; price and other factors considered. The intention is to award the contract at any time of opening bids, but the right is reserved to postpone such action for a reasonable time, not exceeding thirty(30)days. b. The City Council may, when in its interest, reject any or all bids or waive any informality in bids received. — C. The bidder shall submit bids on all the items listed in the proposal and shall state the unit bid price in words in the blank spaces provided beneath the item description. Should there be any discrepancy between the unit bid price in words and listed numeral unit bid _ price, the City of Waterloo shall consider the unit bid price in words as being the valid unit bid price. A computer-generated spreadsheet as herein provided shall also be acceptable. Proposals requiring mathematical computations to determine unit prices or — totals will be rejected. A contract will be awarded to the qualified bidder submitting the lowest total bid as indicated in the NOTICE TO BIDDERS. 14. EXECUTION OF AGREEMENT BONDS AND CERTIFICATE OF INSURANCE — a. Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful bidder shall execute and deliver to the City of Waterloo, Iowa, an agreement in the form included in the contract documents in such number of copies as the City of Waterloo, Iowa, may require. b. Having satisfied all conditions of award as set forth elsewhere in these documents, the _ successful bidder shall, within the period specified in paragraph "a" above, furnish a surety bond and a payment bond in a penal sum not less than the amount of the contract 1 B-8 BarSCree nBldg HeaterRplcm nt-60184424(113632) as awarded, as security for the faithful performance of the contract and terms and conditions therein contained and shall guarantee the prompt payment of all persons, firms, or corporations to whom the contractor may become legally indebted for labor, materials, tools, equipment, or services of any nature including utility and transportation services, employed or used by him in performing the work. The bonds shall protect and save harmless the City from claims and damages of any kind caused by the operations of the contractor and shall also guarantee the maintenance of the contract improvements for the period stated in the Notice of Hearing from and after completion of said improvements and their acceptance by the City. Such bonds shall be in the same form as that included in the contract documents and shall bear the same date as, or a date subsequent to that of the agreement. The current Power of Attorney for the person who signs for any surety company shall be attached to such bonds. C. The successful bidder shall, within the period specified in paragraph "a" above, furnish a certificate of insurance for approval in amounts of not less than the amounts specified in the General Specifications for Construction, Section F. No. 4 "Liability Insurance," Pages GS-10 to GS-11. The certificate of insurance shall be furnished in such number of copies as the City of Waterloo may require. The City of Waterloo shall be named as an "Additional Insured." The contractor shall similarly submit his subcontractor's certificates of insurance in the amounts for approval before each commences work. The contractor shall carry or require that there be Workmen's Compensation Insurance for all his employees and those of his subcontractors engaged in work at the site, in accordance with State Workmen's Compensation Laws. d. The failure of the successful bidder to execute such agreement and to supply the required bond or bonds within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the City of Waterloo, Iowa, may grant, based upon reasons determined sufficient by the City of Waterloo, Iowa, may either award the contract to the next lowest bidder or re-advertise for bids, and may charge against the bidder the difference between the amount of the bid an the amount for which a contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid guaranty. If a more favorable bid is received by re- advertising, the defaulting bidder shall have no claim against the City of Waterloo, Iowa, for a refund. 15. RECIPROCAL RESIDENT BIDDER PREFERENCE Attention of bidders is called to the requirement of complying with the provisions of the Reciprocal Resident Bidder Preference requirement. Each bidder submitting a bid shall execute and include with the bid, a Resident Bidder Certification in the form herein provided, to the effect that he will not have as employees, Illinois laborers on the work site. END OF SECTION 1B-9 BarSCreenBldgHeaterRplcmnt-60184424(113632) FORM OF BID OR PROPOSAL F.Y. 2013 WPCF BAR SCREEN HEATER REPLACEMENT CITY CONTRACT NO. 839 CITY OF WATERLOO, IOWA Honorable Mayor and City Council Waterloo, Iowa Gentlemen: 1. The undersigned, being a Corporation existing under the laws of the State of a Partnership consisting of the following partners: , having familiarized (himself)(themselves)(itself) with the existing conditions on the project area affecting the cost of the work, and with all the contract documents listed in the Table of Contents and Addenda (if any), as prepared by AECOM now on file in the office of the City Clerk, City Hall, Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to construct and complete this F.Y. 2013 WPCF BAR SCREEN HEATER REPLACEMENT, CITY CONTRACT NO. 839, all in accordance with the above-listed documents and for the unit prices for work in place for the following items and quantities: F.Y. 2013 WPCF BAR SCREEN HEATER REPLACEMENT CITY CONTRACT NO. 839 ITEM TOTAL NO. ITEM DESCRIPTION ESTIMATED UNIT BID UNIT QUANTITY PRICE TOTAL BID PRICE 1 Bar Screen Building Heater Re Placernent LS 1.0 $ $ TOTAL AMOUNT 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit bid price for the work done shall govern in the actual payment to Contractor. 3. In submitting this bid, the bidder understands that the right is reserved by the City of Waterloo, Iowa, to reject any or all bids. If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned within thirty(30) days after the opening thereof, or at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of the insurance within ten (10) days after the agreement is presented to him for signature, and start work within ten (10) days after "Notice to Proceed"is issued. 4. Security in the sum of Dollars ($ ) in the form of is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS. 5. Attached hereto is a Non-Collusion Affidavit of Prime Contractor. 6. Attached hereto is a Resident Bidder Certification. 7. The bidder is prepared to submit a financial and experience statement upon request. BF-1 BarScreenBldgHeaterRplcmnt-E;0184424(113632) 8. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an _ EOC,within ten(10)days of notification that the bid submitted is lowest and acceptable. g. The bidder has received the following Addendum or Addenda: Addendum No. Date 10. The bidder shall list the MBE/WBE subcontractor(s), amount of subcontracts and bid items on the City of Waterloo Minority and/or Women Business Pre-bid Contact Information Form submitted with this Form of Bid or Proposal. The apparent low Bidder shall submit a list of all other Subcontractor(s) _ to be used on this Project to the City of Waterloo by 5:00 p.m. the business day following the day Bids on this Project are due along with the Non-Collusion Affidavits of All Subcontractor(s). The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer .. cannot be changed except for the following reasons: 1) The City of Waterloo does not approve the subcontractors. 2) The subcontractors submit in writing that they cannot fulfill their subcontracts. 11. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" _ or"NA". 12. The bidder has attached all applicable forms. 13. The Owner reserves the right to select alternates, delete line items, and/or to reduce quantities prior to the award of a contract due to budgetary limitations. (Name of Bidder) (Date) BY: Title Official Address: (Including Zip Code): I.R.S. No. *** END OF SECTION BF-2 BarScreenBldgHeaterRpicmnt-60184424(113632) _ CITY OF WATERLOO, IOWA WATERLOO ENGINEERING DEPARTMENT 715 Mulberry St. Waterloo,IA 50703 (319) 291-4312 Fax (319) 291-4262 a° ERIC THORSON,P.E. City Engineer Mayor ERNEST G. INFORMATION NEEDED CLARK FOR IOWA CONSTRUCTION SALES TAX EXEMPTION CERTIFICATE _ COUNCIL MEMBERS . . . . . . . . . . CONTRACTOR NAME: DAVID JONWard I ADDRESS: Ward CAROLYN COLE Ward 2 HAROLD (Check One) PRIME:GETTY SUBCONTRACTOR: Ward 3 -' QUENTIN FEDERAL ID#: HART Ward 4 RON PROJECT NAME: WELPER Ward 5 ` BOB DESCRIPTION OF WORK: GREENWOOD At-Large ❑STEVEN Brickwork ElLandscaping At-LargeC MIT El Carpentry ElPainting ❑ Concrete ❑ Paving ❑ Drywall-Plaster-Insulation ❑ Plumbing ❑ Electrical ❑ Roofing-Siding-Sheet Metal ❑ Excavation/Grading ❑ Windows ❑ Flooring ❑ Wrecking-Demolition ❑ Heavy Construction ❑ Other (Please Specify) —. ❑ Heating-Ventilating-Air Cond. ❑ WERE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer STE-1 BarScreenBldgHeaterRplcmnt-60184424(113632) BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, and as Surety are held and firmly bound unto the CITY OF WATERLOO Iowa, hereinafter called "OWNER," in the penal sum Dollars ($ ) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated the day of 2012, for NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided in the specifications or by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid or execute such contract; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of them as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers this day of A.D. 2012. —' Principal (Seal) By (Title) Witness Surety (Seal) Witness By Attorney-in-fact 1313-1 BarScreenBldgHeaterRpicmnt-60184424(113632) NON-COLLUSION AFFIDAVIT OF PRIME BIDDER State of ) County of )ss) being first duly sworn, deposes and says that: 1. He is (Owner Partner Officer Representative or Agent) , of , the Bidder that has submitted the attached Bid; 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Title Subscribed and sworn to before me this day of 2012. Title My commission expires NCA-1 BarScreenBldgHeaterRplcmnt-60184424(113632) NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR — State of ) )ss County of ) — being first duly sworn, deposes and says that: 1. He is (Owner, Partner Officer Representative or Agent) of hereinafter referred to as the"Subcontractor;" 2. He is fully informed respecting the preparation and contents of the subcontractor's proposal submitted by the subcontractor to contract pertaining to the project in ' (City or County and State) 3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal; — 4. Neither the subcontractor nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, — connived, or agreed, directly or indirectly, with any other bidder, firm or person to submit a collusive or sham proposal in connection with such contract or to refrain from submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other bidder, firm or person to fix the price or prices in said subcontractor's proposal, or to fix any overhead, profit or cost element of the price of prices in said subcontractor's proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in — the proposed contract; and 5. The price or prices quoted in the subcontractor's proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) — Title Subscribed and sworn to before me this day of , 2012. Title — My commission expires NCA-2 BarScreenBldgHeaterRplcmnt-60184424(113632) EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as follows: 1. The contractors, subcontractor, vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap, political opinions or affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or physical disability, political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading c. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship 2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, economic status, age, mental or physical disabilities, political opinion or affiliations. 3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of the contractor's commitment under this section. 4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. 5. The contractor, subcontractor, vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies, procedures, patterns, and practices of each subcontractor as well as the contractor himself/herself and said contractor, subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts to the City's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City's Affirmative Action Program -- Contract Compliance Provisions relative to Resolution No. 24664. 6. In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations and orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. EOC-1 BarScreenBldgHeaterRplcmnt-60184424(113632) 7. The contractor, subcontractor, vendor and supplier of goods and services will include, or incorporate by reference, the provisions of the non-discrimination clause in every contract, subcontract or purchase order unless exempted by the rules, regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. 8. We, the undersigned, recognize that we are morally and legally committed to non-discrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, creed, color, sex, national origin, economic status, age, mental or physical disabilities. (Signed) (Appropriate Official) (Title) (Date) EOC-2 BarScreenBldgHeaterRplcmnt-60184424(113632) RECIPROCAL RESIDENT BIDDER PREFERENCE In response to Illinois' law concerning resident preference and in accordance with Section 73A.21 of the Iowa Code, all non-federal-aid public improvement projects, which include road construction, shall be performed by a qualified resident bidder. The resident bidder has been further defined as follows: To be a qualified resident bidder, the person, corporation, partnership, or firm shall not have, as employees, Illinois laborers on the work site of a non-federal-aid project within Iowa. An Illinois laborer is any person who has resided in Illinois for at least 30 days and intends to become or remain an Illinois resident. This applies to all labor on the project, whether skilled, semi-skilled, or unskilled; whether manual or non-manual. This also applies to work subcontracted by or to the resident bidder on a non-federal-aid project within Iowa. The resident bidder may place on such work no more than three residents of Illinois who are his regularly employed executive and technical experts. As noted, this definition gives a preference as to whom the contractors or subcontractors can employ. The contractor shall provide the City with a certification that he is a qualified resident bidder according to the above definition. The Certification shall be submitted with the contractor's bid. A copy of the form of "Resident Bidder Certification" is included in the Contract Documents. If it is determined that the contractor does not meet this qualification after he begins work, a shutdown notice shall be issued and the voiding of the contract shall begin unless the contractor becomes qualified. DJ G/cs 01/13/97 RR-1 BarScreen Bldg HeaterRplcmnt-60184424(113632) RESIDENT BIDDER CERTIFICATION CONTRACT NO: PROJECT NAME: DATE OF LETTING: To be a qualified resident bidder, the person, corporation, partnership, or firm shall not have, as — employees, Illinois laborers on the work site of a non-federal-aid project within Iowa. An Illinois laborer is any person who has resided in Illinois for at least 30 days and intends to become or remain an Illinois resident. This applies to all labor on the project, whether skilled, semi-skilled, or unskilled, whether — manual or non-manual. This also applies to work subcontracted by or to the resident bidder on a non- federal-aid project within Iowa. The resident bidder may place on such work no more than three residents of Illinois who are his regularly employed executive and technical experts. — This qualification as resident bidder shall be maintained by the contractor and his subcontractors at the work site until this project is completed. I hereby certify that no Illinois resident laborer as defined above will be employed at the work site during the contract period from the start of the project until its completion. COMPANY NAME CORPORATE OFFICER TITLE DATE RR-2 BarScreenBldgHeaterRplcmnt-60184424(113632) Revised February 2003 CONTRACTOR'S OR SUBCONTRACTOR'S AFFIRMATIVE ACTION PROGRAM Check box that applies to party completing program: ( ) General Contractor ( ) Subcontractor 1. Section A to be completed by GENERAL CONTRACTORS only: A. Name of Company Address of Company Zip Telephone Number(_ ) Federal ID Number(if no Federal ID Number, Owner/President's Social Security Number) Name of Equal Employment Officer Name of Project Project Contract Number Estimated Construction Work Dates / Section B to be completed by SUBCONTRACTORS only: B. Name of General or Prime Contractor Name of Subcontractor Subcontractor's Address Zip Subcontractor's Telephone Number ) Subcontractor's Federal ID Number(if no Federal ID Number Owner/President's Social Security Number) Name of Equal Employment Officer - 1 - C. Remainder of program to be completed by party completing program, either Prime or Subcontractor. 1. The Owners and/or Principals of your company: Ethnic Name Address Position Sex Ori in 2. Other Areas of Interest: _ If your company has branches or subsidiaries, or if your company is a branch or subsidiary of a parent organization, give the following information: Type of Name Address Affiliation Degree II. EMPLOYER'S POLICY(Please read carefully.) A. We, the undersigned, recognize that we are morally and legally committed to nondiscrimination in employment. Any person who applies for employment with our — company will not be discriminated against because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap. B. The employment policies and practices of the undersigned are to recruit and hire employees without discrimination, and to treat them equally with respect to compensation and opportunities for advancement, including training, upgrading, promotion, and transfer. However, we realize the inequities associated with employment training, upgrading, — contracting and subcontracting for minorities and women and we will direct our efforts to correcting any deficiencies to the maximum extent possible. The same will be required of our SUBCONTRACTORS and suppliers. _ C. We submit this program to assure compliance with Executive Order 11246, as amended, and other subsequent orders that may pertain to equal employment opportunity and merit employment policies, fully realizing that our qualification and/or merit system should be _ evaluated and revised, if necessary. D. We agree to put forth the maximum effort to achieve full employment and utilization of capabilities and productivity of all our citizens without regard to race, creed, color, sex, national origin, economic status, age, and mental or physical handicap. E. will give training _ (Name of Company) and employment opportunities to local residents of Waterloo, Iowa, to the greatest extent feasible. _ -2- III. AFFIRMATIVE ACTION A. (Name of Company) recognizes that the effective application of a policy of merit employment involves more than just a policy statement, and (Name of Company) will, therefore, re-evaluate our Affirmative Action Program to ensure that equal employment opportunities are available on the basis of individual merit, and to actively encourage minorities, women and local residents to seek employment with our company on this basis. B. (Name of Company) will undertake the following six (6)steps to improve our Affirmative Action Program: 1. Minority Recruitment and Employment; 2. Local Recruitment and Employment; 3. Disabled Veteran and Vietnam Era Veteran Recruitment and Employment; 4. Handicapped Recruitment and Employment; 5. Female Recruitment and Employment; and 6. Training, Upgrading and Promotional Opportunities. C. (Name of Company) will take whatever steps are necessary to ensure that our total work force has adequate minority, female, and local representation. We will utilize the following methods in our recruitment attempts: 1. Local advertising media (newspapers, radio, TV); 2. Community organizations (churches, clubs, schools); 3. Public and private institutions in the area (UNI, Hawkeye Community College); 4. Job Service of Iowa; and -- 5. Other. D. (Name of Company) will seek qualified minority, female, and local group applicants for all job categories and will make asserted efforts to increase minority, female and group representation in occupations at the higher levels or skill and responsibility. E. All sources of employment used shall be aware that we are an Equal Employment Opportunity Employer. Labor organizations representing our employees will be notified of our Equal Employment Opportunity Policy and Affirmative Action Program. F. Training, upgrading, promotion and transfer activities at all levels will be monitored to ensure that full consideration has been given to qualified minority, female, and local group _ employees. G. (Name of Company) will encourage other companies with whom we are associated and/or do business, to do the same and we will assist them in their efforts. -3- H. has taken the following — (Name of Company) Affirmative Action to ensure that minority, female, local contractors and/or suppliers were provided opportunities to negotiate and/or bid on this project: (if none, write-NONE") — 1. 2. I. As a result of the above efforts, we have involved minority, female, and local contractors and/or suppliers in the following areas of subcontracting: (if none, write"NONE") — 1. 2. J. will require approved (Name of Company) — Affirmative Action Programs from all nonexempt contractors who propose to work on this project and will take whatever steps are necessary to ensure that non-minority contractors have adequate representation of minority, female and local persons in their total work force. K. In further accordance with rules and guidelines issued pursuant to Executive Order 11246 as amended, we establish the goals for our company, based on parity percentages — supplied by the City, and we realize these goals will be reviewed on an annual basis. L. will keep records of (Name of Company) — specific actions relative to recruitment, employment, training, upgrading and promotion and will provide the City of Waterloo with any information relative to same, including activities of our SUBCONTRACTORS and suppliers as necessary or when requested. — M. Parity figures for companies located in Waterloo are as follows: Minority Parity= .08 (8%)N. Affirmative Action (Name of Company) — Employment Goals: The definition of Affirmative Action Goals is as follows: "Goals may not be rigid and inflexible quotas which must be met, but must be targets reasonably attainable by means _ of applying every good faith effort to make all aspects of the entire Affirmative Action Program work." For the year 200_, please submit percentage targets for employing minorities and women. If you already have reached your target for hiring minorities and women, please submit that percentage. *Goals for Minorities: % Goals for Women: % *Your affirmative action goals should be between 1% and 10% or more for minorities and 1% and 5% or more for women. -4- Please be advised that the goals or targets are purely your estimation of how many women and minorities your company can reasonably expect to hire in 200 . Note, that none of the goals are rigid or inflexible. They are targets that your company calculates as reasonably attainable. This will help the City in its monitoring procedures as required by _ City of Waterloo Resolution No. 1984-142(4). -5- CONTRACTOR'S TOTAL WORK FORCE (WATERLOO) HOURLY NAME AND ADDRESS JOB CATEGORY RACE SEX WAGE INDICATE: DISABLED VETERAN: DV VIETNAM ERA VETERAN: VV HANDICAPPED: H -6- We hereby certify that we are in compliance with all City and Federal Affirmative Action Regulations and agree to accept all liability for failure to comply. Respectfully submitted, By: Company Executive Date By: Equal Employment Opportunity Officer Date City of Waterloo Affirmative Action Officer Approved Disapproved Reason: By: Date: -7- DESCRIPTION OF JOB CATEGORIES 1. Officials/Manager: Occupations in which employees set broad policies, exercise overall — responsibility for execution of all policies, or direct individual departments or special phases of the agency's operations or provide specialized consultation on a regional, district or area basis. Includes: department heads, bureau chiefs, division chiefs, directors, deputy directors, — controllers, examiners, wardens, superintendents, unit supervisors, sheriffs, police and fire chiefs and inspectors and kindred workers. 2. Professionals: Occupations which require specialized and theoretical knowledge which is — usually required through college training or thorough work experience and other training which provides comparable knowledge. Includes: personnel and labor relations workers, social workers, doctors, psychologists, registered nurses, economists, dietitians, lawyers, system — analysts, accountants, engineers, employment and vocational rehabilitation counselors, teachers or instructors, police and fire captains and lieutenants and kindred workers. 3. Technicians: Occupations which require a combination of basic scientific or technical knowledge — and manual skill which can be obtained through specialized post-secondary school education and through equivalent on-the-job training. Includes: computer programmers and operations, draftsmen, surveyors, licensed practical nurses, photographs, radio operators, technical illustrators, police and fire sergeants and kindred workers. — 4. Office/Clerical: Workers are responsible for internal and external communication, recording and retrieval of data and/or information and other paper work required in an office. Includes: — bookkeepers, messengers, office machine operators, clerk-typists, stenographers, court transcribers, hearing reporters, statistical clerks, dispatchers, license distributors, payroll clerks and kindred workers. 5. Skilled Craft Workers: Workers perform jobs which require special manual skill and a thorough and comprehensive knowledge of the processes involved in the work which is acquired through on-the-job training programs. Includes: Mechanics and repairman, electricians, heavy equipment — operators, stationary engineers, skilled machine occupations, carpenters, compositors and typesetters and kindred workers. 6. Sales Workers: Occupations engaging wholly and primarily in direct selling. Includes: — advertising agents and salesman, insurance agents and brokers, real estate agents and brokers, stock and bond salesmen, demonstrators, salesmen and sales clerks, grocery clerks and cashier checkers, and kindred workers. — 7. Operatives (semi-skilled): Workers who operate machine or processing equipment or perform other factory-type duties of intermediate skill level which can be mastered in a few weeks and require only limited training. Includes: apprentices (auto mechanics), plumbers, building trades, metal working trades, bricklayers, carpenters, electricians, machinists, mechanics, printing trades, etc., operatives, attendants (auto service and parking), plasterers, chauffeurs, deliverymen and furnacemen, heaters (metal), laundry and dry cleaning operatives, milliners, mine operatives and — laborers, motormen, oilers and greasers, (except auto painters), (except construction and maintenance), photographic process workers, stationary fireman, truck and tractor drivers, weavers, (textile), welders and flame cutters and kindred workers. -8- 8. Laborers (unskilled): Workers in manual occupations which generally require no special training. Perform elementary duties that may be learned in few days and require the application of little or no independent judgment. Includes: garage laborers, car washers and greasers, gardeners (except farm) and groundskeepers, longshoremen, and stevedores, lumbermen, raftsmen and woodchoppers, laborers performing lifting, digging, mixing, loading and pulling operations and kindred workers. 9. Apprentices: Persons employed in a program including work training and related instruction to learn a trade or craft which is traditionally an apprenticeship, regardless of whether the program is registered with a Federal or State agency. 10. Trainees (on-the-mob): Production, persons in formal training for craftsmen when not trained under apprentice programs--operative laborer, and service occupations. White Collar. . . persons engaged in formal training for clerical, managerial, professional, technical, sales, office and clerical occupations. -9- ITEMS OF POTENTIAL MBE/WBE PARTICIPATION — NOTICE TO PROSPECTIVE BIDDERS: The following are items from the F.Y. 2013 WPCF BAR SCREEN HEATER REPLACEMENT, CITY CONTRACT NO. 839, project that have a potential for MBE/WBE Participation. This listing however, is not intended to be all encompassing; to preclude MBE/WBE Contractors from bidding on any items of the Proposal as a Subcontractor or the entire Proposal as a Prime Contractor. BID I EST. QTYJ ITEM DESCRIPTION UNIT 1 Bar Screen Building Heater Replacement 1.0 IMPORTANT: MBE/WBE GOALS FOR THIS PROJECT Prime Contract Bidders should be aware that ten percent (10%) MBE goal and two percent (2`b) WBE goal is attached to this project. "Certified Return Receipt" letters are no longer needed with the bid s-lowing proof of contacting MBE or WBE Subcontractors, but the Pre-Bid Contact Information Form must be filled out completely. City of Waterloo Contract Compliance Officer: Contract Compliance Officer Community Development Board Carnegie Annex, Suite 202 620 Mulberry Street Waterloo, Iowa 50703 Phone: (319)291-4429 M-1 6arScreenB1dgHeaterRplcmnt-60184424(113632) SUBCONTRACTOR'S BID REQUEST FORM _ PRIME BIDDER'S LETTERHEAD Contract No.: Letting Date: I, (subcontractor's name), hereby attest that I have been solicited for a bid on (project name) in the area of(description of work and bid item no.). (Prime contractor) has informed me that if I am interested in bidding, a subcontracting bid proposal must _ be submitted to the company office by(date) and (time). Subcontractor's Company Name Date Subcontractor's Signature Date Prime Bidder's Signature M-2 BarScreenBldg HeaterRplcm nt-601 84424(1136 32) LETTER TO BE USED WHEN SOLICITING FOR SUBCONTRACTOR QUOTES Subcontractor Company Name Address RE: Contract No.: Dear (Prime Contractor's Company Name) is presently soliciting for the following work in connection with the above referenced project. (Insert bid Item Nos. and Description of Work) (Prime Contractor's Company Name) is an Equal Opportunity Employer, and all qualified bidders will not be discriminated against due to race, religion, color, sex, or origin. If interested in bidding your proposal must be turned in to this office by and (Date) (Time) Sincerely, (Prime Contractor's Representative) Form CCO- 3(11/28/2001) M-3 BarScreenBldg HeaterRplcm nt-60184424(113632) LETTER OF INTENT TO BID — (MBEIWBE LETTER) According to the Current MBE/WBE Contract Compliance Program - 2002, all MBE/WBE Contractors _ interested in submitting subcontractor quotes on construction projects with goals, MUST submit a LETTER OF INTENT TO BID to the City of Waterloo Contract Compliance Officer at least seven (7) days prior to bid opening. The LETTER OF INTENT TO BID must list the specific items which the MBE/WBE Contractor is interested in bidding. Letter should include the following: Name of Project: — Your Company Name: Address: Phone: Date: List of Specific items to be bid: Item No. Description: — Item No. Description: Item No. Description: Item No. Description: Item No. Description: (Subcontractor's Company Name and authorized signature) Return this LETTER OF INTENT TO BID to: Contract Compliance Officer Community Development Board — 620 Mulberry St. Carnegie Annex, Suite 202 Waterloo, IA 50703 — Phone: (319)291-4429 Form CCO-5 (06-20-2002) M-4 BarScree nBldg HeaterRp1cmnt-60184424(113632) .LO.. a) U) a W O C O C ) a) — O .L-. +L.., w U U >, !2 .� E N c N U m O 0 a) m m C U tm @ ? 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U u) -0 c p W �a E c U m � � o79 cZ.2 a`) m cm UCL c a -0 cn z cv m -0 0 0 W o (u > y cn Q cn D y F) U c 3 m c m a) p W o c '�' p m m -p c0i 3 v) w 'a o o cn c p a - 70 a N O C v) U U N a) a3 a) cm N O 0 O C ° upi a) N C C O (n V) a) (n LL U U n3 U c a00 a) a fa v°i -c W O uJ m C m L m E : m c z a m () c O > a) w u1 C fn O> .N L L s C L p 0 3 0_ -a — .—L m C O a) a H 0 a C O 0 oUcno � m � � � m m a0 >^-6aa-)fn mUE `) LE wa) a) CD > 0 a o m R 0 E 0 0 M 0 o p Q o ] 0 0 o m U U 3 a) y�e m N � w a) E m p 0 ° C a U c c Z 0 CO U E >,U L V- C = c � L ° mp m D o c cn 2 o oQ � dwpOZ � OaQ m WOOS a Q m w .w U U cc U c _o a co co ci 2 Q ai -0 0 -o ai rn m U U c O E 0 U m N m cn — C as m O L U E m 'toE . Em oo tc mm Um o cLi Eo U _ U m aaa) a arna .- L° a �iw a) U ~ = ww m °) w E E a E U riU � � crid F-- a (% � UUQ m` ti M-5 BarScreenBldgHeaterRplcmn-60184424(113632) k § " c c \ ( - 3 v / R 2 - o Cl) .0 @ $ g § 2 2 © « 7f C � / \ 00 Q R_ o / b m $ 0m 7 - g 0 2 2 5 a k 4 0 m e L = o , a) M E .0- m 2 2 0 ° \ o e m m / a \ / \ / / § E / cr c oo m % 2 0 © G 7 .k a \ 0 k ® » f � t o m c 2 ? ? o o I _ \ 0" o G 7 » 0 o S % 0 O 7 &f ° � g0 / / C 9 L % / U) E % 2 G$ ) q 0 [ k § o o \ e 0 6 L e g / E > = c 2 � m / R / S ® 2 � I 0 na m ƒ ■ 0 / 2I[0 � � § b w � -0 \cc\ - � w � � 7 .� � � c 33 � < � k \ m _0 � � � / / LU0 2 - 7 / ® % o oq § � ® G § T o ❑ e 3 & 0m 0cn o � � ƒ a mu k2 cn� � 3 -0E / \ � \ a 9a - wZ m = 2 % 2e § f § 1§ w 7 kL) b / � 0 0m � f oR W � « \ a � f (n2 = 2 LU t % ) 0 2 / 0 2 � § o I . o0 0 2q / Q- / / % /fcn % f ow = 2 § E > -� � . _ 2 CY IA m $ § ƒ bra 00 - "CL , < - � Ix s � k / // � W \ b � CL .§ E 2 E m w / 2 �$ % 755 $ ? � � ■ a _ a) o t p e F ■ 0 z \ /� / k / � \ m � � � � - e $ @ q o c .0) o = k � o 0 0 - - 0 Q \ : @bF a) E bf 2 $ (n , \ a � (n 2 � � 2 ƒ _ a \ ± / \ g .� 2 = I E W _ 5 � 2 b / 0 m ® § j /b � « LU �� .5 « 5 « 0 0 ƒ t / / 6 - $ U / � 2 � 22 �? � 2 0 6 2 :3 a = C: hoof c � � u w & o / � 2 / \ 22 \ E . � 2 ƒ E m $ § W § 2 : § a C f o � § z2a § \ � �2 �» � 2 � P g2 _ .2Wcn2 cm ff2 � / ƒ 2 § ■ m .� � _ .f = 0 o / � £ R e o 2 $ U / � / » \ 0 @kk \ j \ - E -a � k0 220 / k 0 IL 2 § k / 2 t t >- 3 q 5 E CERTIFIED MBE / WBE CONTRACTORS - CITY OF WATERLOO, IOWA CONTRACT COMPLIANCE OFFICE Community Development Board Carnegie Annex, Suite 202 620 Mulberry Street Waterloo, Iowa 50703 City WEB Site: www.ci.waterloo.ia.us — Contract Compliance WEB Site for listing updates: http://www.w]21wloo.Ub.ia.us/contracteompliance/ Contact: Rudy Jones, Community Development Director Email: rudy.iones(a,waterloo-ia or2 Phone: (319) 291-4429 Fax: (319) 291-4431 MBEEWBE Certified Cortiactors List — Page CERTIFIED MBE CONTRACTORS _ CARTER ELECTRIC _ 725 Adams Street Waterloo, IA 50703 Phone: (319) 232-9808 _ Pager: (319) 235-4021 Contact: Derrick Carter Specializing in: — ELECTRICAL CONTRACTOR CULPEPPER ELECTRIC 1731 Cottage Grove Avenue Waterloo, IA 50707 Phone: (319) 235-0885 Fax: (319) 236-8177 Contact: Martin Culpepper — Certified: City of Waterloo Certified MBE, Licensed Electrician Specializing in: _ ELECTRICAL CONTRACTOR DANIELS HOME IMPROVEMENT 339 Albany Street Waterloo, IA 50703 '— Phone: (319) 961-1659 Contact: Sammy Daniels Specializing in: _ ALL TYPES OF CONCRETE FLATWORK, POURED WALLS—ALL TYPES, FOOTINGS, LIGHT DEMOLITION CERTIFIED MBE CONTRACTORS D.C. CORPORATION - 426 Beech Street Waterloo, IA 50703 Phone: (319) 236-9075 FAX: (319)236-0515 Contact: Terry Phillips _ MBE/WBE Certified Contractors List Page 2 c_ 3 _ Certified: City of Waterloo Certified MBE, Iowa DOT, TSB Certified Specializing in: COMMERCIAL AND RESIDENTIAL DEMOLITION, CONCRETE PAVING, DRIVEWAYS, TRUCKING(ALL TYPES), GENERAL CONSTRUCTION GREER'S WORKS 2003 Plainview Street Waterloo, IA 50703 Phone: (319) 233-4701 Contact: Willie Greer Specializing in: DRIVEWAYS, SIDEWALKS, CARPENTRY, ROOFING, GENERAL CONSTRUCTION LOVE'S ENTERPRISE 835 West Fifth St. P.O. Box 246 Waterloo, IA 50704 .� Phone: (319) 233-3260 Contact: David Love Certified: Iowa DOT, City of Waterloo Certified MBE Specializing in: CONCRETE PAVING, ASPHALT, DRIVEWAYS, SIDEWALKS, TRUCKING OLD GREER'S WORKS 2309 Springview Street Waterloo, IA 50707 Phone: (319) 233-2150 I Contact: David L. Greer, Sr. Specializing in: GENERAL CONSTRUCTION PAULINE COMPANY, INC. 139 Clark Street P. O. Box 1623 Waterloo, IA 50703 Phone: (319)236-2345 FAX: (319) 236-1568 MBE/WBE Certified Contractors List Page 3 of 5 email: DJTogygaol.com Certified: Targeted Small Business, Iowa DOT, City of Waterloo Certified MBE Contact: W.C. Stokes, Owner Specializing in: — EROSION CONTROL, TRUCKING, GUARDRAIL, CLEARING AND GRUBBING CONCRETE PAVING, ASPHALT, CURB AND GUTTER, DRIVEWAYS, SIDEWALKS, MASONRY WORK, ROOFING, CD BASKETS, ROADWAY PIPE, TILE LOCATING, — REVETMENT, SHOULDERS, FIELD FENCE, GENERAL CONSTRUCTION WORK QUICK CONSTRUCTION 217 Bates Street Waterloo, IA 50703 — Phone: (319) 215-4166 Contact: Leroy Harrington Specializing in: ALL TYPES OF CONCRETE FLATWORK AND GENERAL CONSTRUCTION CHARLIE SCHAUF TRUCKING 627 Adams Street Waterloo, IA 50703 Phone: (319) 232-4717 Contact: Charles Schauf — Specializing in: TRUCKING CERTIFIED WBE CONTRACTORS ATLAS PAINTING, INC.* L 911 Sycamore Street P.O. BOX 65 - Waterloo, IA 50704 Phone: (319) 232-9164 Specializing in: - COMMERCIAL AND INDUSTRIAL PAINTING MBE/WBE Certified Contractors List Page 4 of 5 L L _ PETERMAN & HAES CARPET ONE* 4003 University Avenue Waterloo, IA 50701 Phone : (319) 233-6131 FAX: (319) 233-6133 email: JR114869cfu.net Certified: City of Waterloo WBE Contact : Carol Reese Specializing in: - FLOOR COVERING WATCO CONSTRUCTION, INC.* 2920 Texas Street Waterloo, IA 50702 Phone : (319) 233-7481 Certified: City of Waterloo WBE — Contact : Patricia J. Kimball Specializing in: STORM SEWER, INLETS, DRAIN TILE, WATER MAIN, SANITARY SEWER, INTAKE STRUCTURES — * DENOTES WOMEN BUSINESS ENTERPRISE VIBE/WBE Certified Contractors List Page t) of STATEMENT OF BIDDER'S QUALIFICATIONS (To be submitted by the Bidder only upon the specific request of the City of Waterloo, Iowa.) All questions must be answered and the date given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of bidder. 2. Permanent main office address. 3. When organized. 4. If a corporation, when incorporated. 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.) 7. General character of work performed by your company. 8. Have you ever failed to complete any work awarded to you? If so, where and why? 9. Have you ever defaulted on a contract? If so, where and why? 10. List the more important projects recently completed by your company, stating the approximate cost for each, and month and year completed. 11. List your major equipment available for this contract. 12. Experience in construction work similar in importance to this project. 13. Background and experience of the principal members of your organization, including the officers. 14. Credit available: $ 15. Give bank reference: 16. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the City of Waterloo, Iowa? S Q-1 BarScreenB Idg HeaterRplcmnt-60184424(113632) 17. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City of Waterloo, Iowa, in verification of the recitals comprising this Statement of Bidder's Qualifications. Dated at this day of 2012. (Name of Bidder) By: Title: State of ) ss: County of ) being duly sworn deposes and says that he is of (Name of Organization) and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this day of 12012. Notary Public My commission expires S Q_2 BarScreenBldg HeaterRplcm nt-60184424(113632) GENERAL SPECIAL PROVISIONS 1. SCOPE OF WORK The work covered by this contract consists of furnishing all labor, equipment, and materials and performing all operations, in connection with the F.Y. 2013 WPCF BAR SCREEN HEATER REPLACEMENT, CITY CONTRACT NO. 839, as shown on the contract drawings and in accordance with these specifications. The contract drawings, which accompany and form a part of this contract and specifications, are dated August 2012 . They have the general title of F.Y. 2013 WPCF BAR SCREEN HEATER REPLACEMENT, CITY CONTRACT NO. 839. The drawings are numbered and separately entitled as follows: DRAWING NO. DESCRIPTION 11-SH-2A Roof Plans and Specifications — The Iowa Department of Transportation English Standard Specifications for Highway and Bridge Construction, Series 2009 (as referenced) are to be used along with the special provisions and General Specifications for Construction described herein and shall be considered as part of the contract documents. 2. CONFLICTING SPECIFICATIONS All requirements of other specifications contained in the contract documents which conflict with the provisions of the special provisions will be considered void. 3. DUMPING AREAS Excess material resulting from construction operations shall be hauled to the County Landfill or other area secured by the Contractor and approved by the City Engineer. Rubble, rubbish, trees, brush, and other unsuitable backfill material, as designated by the City Engineer, shall be hauled to the County Landfill. All Landfill charges are to be considered incidental to the contract and are the responsibility of the Contractor. 4. CONSTRUCTION DAMAGE The Contractor shall exercise care during construction operations to ensure the safety and protection to existing features located near or within the limits of construction. Damage caused by negligence or poor workmanship, as determined by the Engineer, shall be considered the Contractor's responsibility. 5. REMOVED MATERIALS All materials removed, as part of this Contract shall remain the property of the City unless the City determines that the materials are not salvageable and the City does not want to retain ownership of the materials. Materials designated in the field by the Engineer as non-salvageable shall be hauled and disposed of by the Contractor at no cost to the City. All other materials shall be transported to locations as directed by the Engineer. No separate measurement or payment will be made for hauling or disposing of removed materials and it shall be considered incidental to applicable items. 6. MAILBOXES GSP-1 CIP-Broadway W Airline-60249169.10 The Contractor shall notify the United States Postal Department of mailboxes that interfere with any part of the work before removing them, and the Contractor will relocate them as required by the Postmaster. The removal and replacement of mailboxes will not be considered for direct payment, but will be considered incidental to the item to which it applies. 7. PAY ITEMS All pay items are listed in the proposal and shall include the purchase of all materials, delivery of "- these materials, and furnishing all labor, plant and miscellaneous work needed to make the item complete. All such cost shall be incidental to the proposed item to which it applies and shall not be considered for separate payment. — 8. BREAKDOWN OF LUMP SUM CONTRACT PRICE ITEMS The Contractor shall, immediately upon execution and delivery of the contract, before the first estimate for payment is made, deliver to the City Engineer a detailed estimate giving a complete breakdown of the lump sum contract prices. The submitted breakdown shall be approved by the City Engineer prior to any payment of any lump sum price item. 9. PERMISSION TO HAUL OVER STREETS RAILROADS AND HIGHWAYS The Contractor will be required to secure, from the proper authorities, permission or permit which may be required to haul over streets, highways, railroads or private property, and any hauling operations of the Contractor shall be subject to the requirements of such permits, permission, and to all applicable regulations, laws, and ordinances governing hauling and movement of equipment _ over streets, railroads, highways and private property. Any costs or inconvenience caused by obtaining any necessary permits or permission shall be considered completely covered by the price bid for the items in the proposal. 10. CONSTRUCTION SCHEDULING The City Engineer shall approve Contractor's work schedule prior to starting. All revisions shall also be approved. The City Engineer may change the schedule to accommodate changing construction conditions. The Contractor shall coordinate the work under this contract with contractors performing work under other contracts, which may be performed concurrently. The Contractor shall be responsible to notify the Police, Fire, Street and Engineering Departments of the closing and opening of streets. — The Contractor shall commence work within ten (10) days after receipt of the "Notice to Proceed" and diligently execute the work of the contract to completion. 11. PRE-CONSTRUCTION CONFERENCE Before any work is started, the Contractor shall arrange with the City Engineer to hold a pre- construction conference to discuss problems and schedules of contracts. 12. UNDERGROUND UTILITIES It is the responsibility of the Contractor to obtain the location of gas lines, water lines, electric, telephone, and cable television cables or wires from the various utility companies and the City electrician before starting any excavation. The Contractor shall be responsible for any damage to — any underground utilities. The Contractor shall expose those utilities indicated on the plans so GSP-2 CIP-Broadway W Airline-60249169.10 that elevations may be determined before beginning construction. This work shall be considered incidental to other items of work. If the Contractor believes that additional costs have been incurred due to a utility being improperly located, the resolution of the additional costs incurred shall be made between the Contractor and the respective utility company. 13. TRAFFIC SIGNS AND STREET SIGNS The Contractor shall contact the City of Waterloo Traffic Operations Department to have any street sign that will be affected by construction removed and replaced when the work has been completed. 14. TRAFFIC CONTROL DURING CONSTRUCTION The Contractor shall provide erect and maintain, at all times during the progress and suspension of the work and until completion and final acceptance thereof, suitable and requisite barricades, signs or other adequate protection, as required by the latest edition of the "Iowa Manual on Uniform Traffic Control Devices for Streets and Highways" and shall provide, keep and maintain such barricades, signs, etc., as may be required or as may be ordered by the Engineer, to ensure the safety of the public as well as those engaged on the work. The Engineer shall review all barricading plans. The Contractor shall determine, provide and obtain approval from the City Engineer on all detour locations for all street closings, barricades and posting prior to construction. These shall meet requirements of the City Police Traffic Department. The Contractor shall notify the City Engineer's Office and the Police, Fire and Street Departments when the street is closed for construction. All barricading shall be in accordance with the latest edition of the "Iowa Manual on Uniform Traffic Control Devices for Street and Highways." Encapsulated lens sheeting is not required on this project. 15. GRADES. LINES, LEVELS AND SURVEYS All necessary grades, lines, levels and surveys shall be established by AECOM and maintained by the Contractor. The Contractor shall verify all grades, lines, levels and dimensions as shown on the drawings, and he shall report any errors or inconsistencies in the same to AECOM before commencing work. 16. SAFETY OF WORKERS AND PUBLIC The Contractor shall, at all times, take necessary precautions to protect the life and health of all persons employed on this project and the public. He shall provide necessary safety devices and safeguards in accordance with latest and best accident prevention practices. All such protection shall be furnished to employees without cost. No direct measurement of payment shall be made for this protection, but shall be considered incidental to other items of work. The public shall be kept outside of any work area. 17. WORKING ON SATURDAYS SUNDAYS AND LEGAL HOLIDAYS The Contractor shall notify the Engineer in writing forty-eight (48) hours in advance if work on Saturday is planned. By noon the Friday before the planned Saturday work, the Contractor shall confirm the Saturday work schedule with the project inspector. GSP-3 CIP-Broadway W Airline-60249169.10 Work on Sunday requires prior approval of the Engineer in accordance with the Waterloo w Standard Specifications. The Contractor shall not work the following days in 2011 due to City holidays: May 30; July 4; September 5; November 11, 24 and 25; December 23 and 26. *** END OF SECTION GSP-4 CIP-Broadway W Airline-60249169.10 SPECIAL PROVISIONS 1. TRAFFIC CONTROL-- IMPROPER MAINTENANCE The Engineer, or authorized representative, shall periodically review traffic control that has been put in place by the Contractor. If traffic control devices are found to be without proper maintenance, penalties shall be assessed. Improper maintenance shall include, but not be limited to, the following situations: A. Less than 100 percent of lights in working order. _ B. Any barricade or sign moved or tipped over. C. Fencing not supported in a vertical position. D. Fencing not placed around excavations when workers/equipment is not working at the location. E. Lack of proper barricades or signage. Each incident is treated as a separate citation on an individual basis. It is not intended that minor deficiencies be price adjusted if corrected the day notification is given. In addition to a price adjustment, the Engineer may suspend work for irresponsible and/or repeated failure to construct the project using proper traffic control procedures. -- Penalties: 1st Offense Written warning given by City. 2nd Offense $ 100 3rd Offense $ 250 4th Offense $ 500 5th Offense $1,000 6th Offense Engineer's discretion (amount or more equal or greater than $1,000) 2. LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the specified contract period, plus authorized extensions, the Contractor shall pay to the City Liquidated Damages in the amount of$500.00 per day, for each day, as further described herein, in excess of the authorized time. Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that the Contractor does, or could have worked from Monday through Saturday. Sundays will be counted only if work is performed. Partial working days will be considered as a full working day. Days not chargeable for Liquidated Damages will include rain days, Sundays if no work is done, and legal holidays. Working days will cease to be charged when only punch list items remain to be completed. Punch list item do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work, the Contractor shall submit to the Engineer in writing a request that working days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering and contract administration. 3. HAUL ROUTES Haul routes to and from the project site shall be submitted for review by the Engineer. In general, the Contractor shall request haul routes over the main streets in the area, staying on streets within the project as much as possible and should not include truck-embargoed streets. SP-1 BarScreenBldgHeaterRplcmnt-60184424(113632) 4. STANDARD SPECIFICATIONS — The Standard Specifications, which are referenced in the contract documents, are designated as follows: IDOT STANDARD SPECIFICATIONS - "Standard Specifications for Highway and Bridge Construction, Iowa Department of Transportation, Ames, Iowa, Series 2009" (unless otherwise noted) and current revisions thereof. WATERLOO STANDARD SPECIFICATIONS - "Standard Specifications for Municipal Public Works Construction, City of Waterloo, Iowa." 5. PERCENT OF CONTRACT TO BE PERFORMED BY CONTRACTOR A. The prime contractor shall be required to perform at least 35 percent of the total contract amount of the project. — 6. SPECIAL PROVISIONS Standard Specifications are amended by the following additions. These are Special Provisions and shall prevail over those published in the Standard Specifications. Section 502 Rehabilitation of Existing Manholes — Section 503 Class A Crushed Stone Section 505 Traffic Control Section 01112 Summary of Work _ Section 01316 Engineer's Status During Construction Section 01340 Submittals Section 01455 Testing Section 01663 Testing Sewer Systems — Section 01788 Project Record Documents Section 02232 Site Preparation Section 02316 Trenching, Backfilling and Compacting Section 02485 Seeding, Mulching and Fertilize Section 02955 Cured-in-Place Pipe Sewer Lining 7. QUANTITY ADJUSTMENTS — The following Bid Items are exempted from consideration under the provisions of Section B. "Scope of Work," paragraph 7 of the "General Specifications for Construction" concerning the variance of the "As-Built" quantity of the listed item by more than twenty (20%) percent from the — estimated quantity specified in the contract. BID ITEM DESCRIPTION EST. QTY. None *** END OF SECTION S P-2 BarScreenBldg HeaterRplcm nt-60184424(113632) SECTION 01 11 00 SUMMARY OF WORK PART1 GENERAL 1.01 PROJECT DESCRIPTION A. Work of this Contract comprises general construction of bar screen building heater replacement at Water Pollution Control Facility located in the city of Waterloo, Iowa. 1.02 FORM OF SPECIFICATIONS A. Some Work described in these Specifications use systems approach to identify systems of structure or facility. section. 1. System components are either specified in system specification or by reference to another 1.03 CONTRACTS A. Perform Work under single lump sum 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 and ENGINEER. B. Due to potential health hazards and requirements of State of Iowa Department of Natural Resources,and U.S. EPA,existing wastewater treatment facilities shall be maintained in operation during construction of new treatment facility. Degree of treatment during construction shall be equal to or exceed efficiency of facility before construction started. 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 existing wastewater facility. 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. 01 11 00-1 BarScreenBldgHeaterRplcmnt-60184424(113632) PART PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION 01 11 00-2 BarScreenBldgHeaterRplcmnt-60184424(113632) SECTION 01 31 26 ENGINEER'S STATUS DURING CONSTRUCTION PART1 GENERAL 1.01 OWNER'S REPRESENTATIVE A. Project has been designed by AECOM who is hereinafter called ENGINEER, and who is to act as OWNER'S representative, assume duties and responsibilities, and have rights and authority assigned to ENGINEER in Contract Documents in connection with completion of Work in accordance with Contract Documents. 1.02 DEFINITIONS A. ENGINEER. 1. As used in Specification Divisions 1 through 44 and on Drawings refers to AECOM. B. OWNER. 1. As used in Specification Divisions 1 through 44 and used on Drawings refers to the City of Waterloo, Iowa. 1.03 VISITS TO SITE A. ENGINEER will make visits to Site at intervals appropriate to various stages of construction as — ENGINEER deems necessary in order to observe as experienced and qualified design professional progress that has been made and quality of various aspects of CONTRACTOR'S executed Work. Based on information obtained during such visits and observations, ENGINEER, for benefit of OWNER,will determine, in general, if Work is proceeding in accordance with Contract Documents. ENGINEER will not be required to make exhaustive or continuous inspections on Site to check quality or quantity of Work. ENGINEER'S efforts will be directed toward providing for OWNER greater degree of confidence that completed Work will conform generally to Contract Documents. On basis of such visits and observations, ENGINEER will keep OWNER informed on progress of Work and will endeavor to guard OWNER against defective Work. B. ENGINEER will furnish Resident Project Representative(RPR),assistants,and other field staff to assist ENGINEER in observing Work. Through additional observations of CONTRACTOR'S Work in progress and field checks of materials and equipment by RPR and assistants, ENGINEER shall endeavor to provide further protection for OWNER against defects and deficiencies in Work. However, ENGINEER shall not, during such visits or result of such observations of CONTRACTOR'S Work in progress,supervise, direct, or have control over CONTRACTOR'S Work nor shall ENGINEER have authority over or responsibility for means, methods, techniques, sequences or procedures selected by CONTRACTOR,for safety precautions or programs incident to CONTRACTOR'S performing Work, or responsibility of construction for CONTRACTOR'S failure to perform Work in accordance with Contract Documents. C. RPR'S duties and responsibilities limited to those of ENGINEER in agreementwith OWNER and in Contract Documents, and further limited and described as follows: 1. General: RPR is ENGINEER'S agent at Site,will act as directed by and under supervision of ENGINEER, and will confer with ENGINEER regarding RPR'S actions. RPR'S dealings in matters pertaining to CONTRACTOR'S Work in progress shall, in general be with ENGINEER and CONTRACTOR keeping OWNER advised as necessary. RPR'S dealings 01 31 26-1 BarScreenBldgHeaterRplcmnt-60184424(113632) with Subcontractors through or with full knowledge and approval of CONTRACTOR. RPR — shall generally communicate with OWNER with knowledge of and under direction of ENGINEER. 2. Duties and Responsibilities of RPR Representative: a. Conduct preconstruction conference with OWNER, CONTRACTOR(S), utilities, and other appropriate parties affected by Project. b. Attend meetings with CONTRACTOR,such as progress meetings,job conferences and — other Project-related meetings. c. Report to ENGINEER when clarifications and interpretations of Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issue by ENGINEER. d. Review Applications for Payment with CONTRACTOR for compliance with established procedure for their submission and forward with recommendation to ENGINEER. e. Provide direction for assistants and coordinate observation activities. f. Direct visiting inspectors representing public or other agencies having jurisdiction over — Project to OWNER or CONTRACTOR as appropriate. g. Administer modifications amending, modifying or supplementing Contract Documents as Project proceeds. h. Report to ENGINEER whenever RPR believes that any part of CONTRACTOR'S Work in progress will not produce completed Project that conforms generally to Contract Documents or will prejudice integrity of design concept of completed Project as functioning whole as indicated in Contract Documents, or has been damaged, or does not meet requirements of any inspection, test or approval required to be made; and advise ENGINEER of that part of Work in progress that RPR believes should be corrected or rejected or should be uncovered for observation,or requires special testing, inspection or approval. i. Review testing of equipment and systems provided by CONTRACTOR and assess its compliance with Contract Documents. j. Determine final quantities for Work installed which will serve as basis for final payment — to CONTRACTOR. k. Coordinate efforts required to prepare record drawings showing those changes during construction process, based on marked-up prints,drawings,and other data furnished by CONTRACTOR to ENGINEER and which ENGINEER considers significant. I. Participate in inspections for substantial and final completion of Project and prepare list of items to be corrected or completed. 3. Duties and Responsibilities of RPR'S Assistant(s). a. Assistant(s) shall function under direction and supervision of RPR. b. Observe Work activities, as directed, and report their observations to RPR. Observed variance in Work activities from intent of Contract Documents will be reported to RPR. c. Inform RPR when situations develop such that change in Contract Documents would serve to improve Project. d. Gather and maintain information required for pay estimate review by RPR. e. Perform other duties as directed by RPR. f. Assistant(s)will have limitations on responsibilities and authority. Assistant(s)will: — 1) Not be authorized to modify or otherwise change Contract Documents. 2) Not have authorization necessary to accept any Work on behalf of OWNER. 3) Not be authorized to delete or order any additional Work. 4) Not, through his/her efforts, relieve CONTRACTOR of CONTRACTOR'S ultimate responsibility for quality of Work. 1.04 CLARIFICATIONS AND INTERPRETATIONS — 01 31 26-2 BarScreenBldgHeaterRplcmnt-60184424(113632) A. ENGINEER will, with reasonable promptness, render a written clarification or interpretation of requirements of Contract Documents. The ENGINEER'S written decision will be final and binding on OWNER and CONTRACTOR, subject to provisions for making claims. 1.05 AUTHORIZED VARIATIONS IN WORK A ENGINEER may authorize minor variations in Work from requirements of Contract Documents which do not involve adjustment in Contract Price or Contract Times and are compatible with design concept of completed project as functioning whole as indicated by Contract Documents. These may be accomplished by Field Order and will be binding on OWNER and also on CONTRACTOR, who shall perform Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on amount or extent, if any, of any adjustment, a claim may be made therefore as provided in Special Provisions. 1.06 REJECTING DEFECTIVE WORK A. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce completed Project that conforms to Contract Documents or that will prejudice integrity of design concept of a completed Project as functioning whole as indicated by Contract Documents. ENGINEER will also have authority to require special inspection or testing of Work whether or not Work is fabricated, installed or completed. 1.07 DECISIONS ON REQUIREMENTS OF CONTRACT DOCUMENTS AND ACCEPTABILITY OF WORK A. ENGINEER will be initial interpreter of requirements of Contract Documents and judge of acceptability of Work thereunder. All matters in question and other matters between OWNER and CONTRACTOR arising prior to the date of final payment is due relating to the acceptability of the Work,and interpretation of requirements of Contract Documents pertaining to performance of Work will be referred initially to ENGINEER in writing within 30 days of the event giving rise to the question. B. Notice: Written notice stating general nature of each such Claim shall be delivered by claimant to ENGINEER and other party to Contract promptly(but in no event later than 30 days)after start of event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of amount or extent of Claim, with supporting data shall be delivered to ENGINEER and other party to Contract within 60 days after start of such event(unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of such claim. Claim for adjustment in Contract Price or Contract Time shall be prepared in accordance with Contract Documents. Each Claim shall be accompanied by claimant's written statement that adjustment claimed is entire adjustment to which claimant is entitled as result of said event. Opposing party shall submit any response to ENGINEER and claimant within 30 days after receipt of 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 last submittal of claimants or last submittal of claimant or last submittal of opposing party, if any, take one of the following actions in writing: 1. Deny the Claim in whole or in part, 2. Approve the Claim, or 3. Notify the parties that the ENGINEER is unable to resolve the Claim if, in the ENGINEER'S sole discretion, it would be in appropriate for the ENGINEER to do so. For the purposes of further dispute resolution of the Claim, such notice shall be deemed a denial. D. In the event that the ENGINEER does not take action on a Claim within said 30 days, the Claim shall be deemed denied. 01 31 26-3 BarScreenBldgHeaterRplcmnt-60184424(113632) E. ENGINEER'S written action under paragraph C above or denial pursuant will be final and binding — upon OWNER and CONTRACTOR , unless OWNER and CONTRACTOR invoke the dispute resolution procedure set forth in the Contract Documents. F. When functioning as interpreter and judge under above paragraphs, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with interpretation or decision rendered in good faith in such capacity. A decision by ENGINEER shall be required as a — condition precedent to any exercise by OWNER or CONTRACTOR of any rights or remedies either may otherwise have under Contract Documents or by Laws or Regulations in respect to such claims. 1.08 SHOP DRAWINGS AND SAMPLES A. ENGINEER'S Review: 1. ENGINEER will provide timely review of Shop Drawings and Samples in accordance with schedule of submittals acceptable to ENGINEER. ENGINEER'S review and approval will be only to determine if items covered by submittals will, after installation or incorporation in — Work, conform to information given in Contract Documents and be compatible with design concept of completed Project as functioning whole as indicated by Contract Documents. 2. ENGINEER'S review and approval will not extend to means, methods, techniques, sequences or procedures of construction(except where specific means, method,technique, — sequence or procedure of construction is specifically and expressly called for by Contract Documents)or to safety precautions or programs incident thereto. Review and approval of separate item as such will not indicate approval of assembly in which item functions. — 3. ENGINEER'S review and approval shall not relieve CONTRACTOR from responsibility for any variation from requirements of Contract Documents unless CONTRACTOR has in writing called ENGINEER'S attention to each such variation at time of submittal and ENGINEER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying Shop Drawing or Sample. ENGINEER'S approval will not relieve CONTRACTOR from responsibility for complying with CONTRACTOR'S submittal procedures established in Contract Documents. — B. Resubmittal Procedures: 1. CONTRACTOR shall make corrections required by ENGINEER,and return required number — of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than corrections called for by ENGINEER on previous submittals. — C. Where Shop Drawing or Sample is required by Contract Documents, related Work performed prior to ENGINEER'S review and approval of pertinent submittal will be at CONTRACTOR'S sole expense and responsibility. — 1.09 SUBSTITUTIONS A. ENGINEER'S Evaluation: 1. ENGINEER will be allowed reasonable time within which to evaluate each proposed substitute. ENGINEER will be sole judge of acceptability. No substitute will be ordered, — installed or utilized until ENGINEER'S review is complete,which will be evidenced byeither a Change Order or approved Shop Drawing. ENGINEER will advise CONTRACTOR in writing of any negative determination. 1.10 LIMITATIONS ON ENGINEER'S AUTHORITY AND RESPONSIBILITIES 01 31 26-4 BarScreenBldgHeaterRplcmnt-60184424(113632) A. Neither ENGINEER'S authority or responsibility under this Specification Section or under any other provision of Contract Documents nor any decision made by ENGINEER in good faith to either — exercise or not exercise such authority or responsibility or undertaking,exercise,or performance 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, any Subcontractor, any Supplier, or any other individual or entity, or to any surety for or employee or agent of any of them. B. Whenever in Contract Documents terms "as allowed", "as approved" or terms of like effect or import are used, or adjectives "reasonable", "suitable", "acceptable", "proper" or 'satisfactory' or adjectives of like effect or import are used to describe action or determination of ENGINEER as to Work, it is intended that such action or determination will be solely to evaluate, in general, completed Work for compliance with requirements of and information in Contract Documents and conformance with design concept of completed Project as functioning whole as shown or indicated in Contract Documents(unless there is specific statement indicating otherwise). Use of any such term or adjective shall not be effective to assign ENGINEER any duty or authority to supervise or direct performance of Work or any duty or authority to undertake responsibility contrary to — provisions of Contract Documents. C. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR'S means,methods,techniques,sequences or procedures of construction,or safety precautions and programs incidental thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to performance of Work. ENGINEER will not responsible for CONTRACTOR'S failure to perform Work in accordance with Contract Documents. D. ENGINEER will not be responsible for acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other individual or entity performing any Work. E. Limitations upon authority and responsibility set forth shall also apply to ENGINEER S Consultants, Resident Project Representative, and assistants. PART PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION 01 31 26-5 BarScreenBldgHeaterRplcmnt-60184424(113632) SECTION 01 33 10 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. 1. Submittals for certification of equipment installation, instructional, and post-startup services are specified in Section 01 60 10. 2. Submittals for record drawings are specified in Section 01 78 39. 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: 1. Substitutes and "Or Equal" Items: a. Includes material or equipment which CONTRACTOR requests ENGINEER to accept, after Effective Date of the Agreement. 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. 5. Test Results: 01 33 10-1 BarScreenBldgHeaterRplcmnt-60184424(113632) a. Includes source and field quality inspection and 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. May be standard for equipment or prepared specifically for — this Project. 7. 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. 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 provided. 3. Prepare and transmit each submittal sufficiently in advance of scheduled performance of — related Work and other applicable activities. B. Submittal Preparation: — 1. Stamp and sign each submittal certifying to review of submittal, verification of material, and equipment, field measurement, field construction criteria, and coordination of information within submittal with Contract Documents. — 2. Transmittal Form: Identify following: a. Date of submittal and dates of previous submittals. — b. Project title and number. c. Submittal number. d. Contract identification. e. Names of: 1) CONTRACTOR. 2) Supplier. — 3) Manufacturer. f. If submittal is for substitute item of material or equipment, identify as "substitute" on transmittal and include "Contractor's Application for Consideration of Substitute" with — submittal g. Identification of equipment and material with equipment identification numbers, motor numbers, and Specification section number. h. Variations from Contract Documents. — C. Resubmittal Preparation: 01 33 10-2 BarScreenBldgHeaterRplcmnt-60184424(113632) 1. 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 ENGINEERS notations on returned submittal. c. Respond to ENGINEER'S notations: 1) On transmittal or separate page attached to CONTRACTORS 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 variations. 1) On transmittal form, identify variations or revisions from previously reviewed submittal, other than those called for by ENGINEER. 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 below for each indicated type of submittal. 2. If ENGINEER has responded to Written Clarification/Interpretation/Request submitted by CONTRACTOR, CONTRACTOR shall include ENGINEER'S response with applicable submittal. B. Requests for Substitute Items: 1. Collect data for items to be submitted for review as substitute items into one submittal for —' each item of material or equipment. 2. Include completed "Contractor's Application for Consideration of Substitution" form as required by Supplementary Conditions. 3. Submit with other scheduled submittals for material or equipment allowing time for ENGINEER to evaluate additional information required to be submitted. 4. 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. 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. Encircle, bubble or otherwise indicate selections of products or materials and/or variations from Contract Documents or previous submittals. Highlighting may be used in addition to circling or bubbling of appropriate materials or variations from Contract Documents or previous submittals to direct the attention of the reviewer, but may not be 01 33 10-3 BarScreenBldgHeaterRplcmnt-60184424(113632) utilized exclusively due to the difficulty in continuity of selections through copying and/or scanning of the submittal. Other acceptable means of selection of materials, products or — variations from Contract Documents or previous submittals include striking out selections not included as part of the submittal, providing an arrow pointing directly to the selection or other means that remain after copying and/or scanning. 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 1 reverse sepia reproducible and 1 blue line or black line print for drawings larger than 11 in. by 17 in., reproducible will be returned. — b. Submit 2 blue line or black line prints for other drawings. D. Product Data: 1. 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: 1. 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. 2. Submittals: 01 33 10-4 BarScreenBldgHeaterRplcmnt-60184424(113632) 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. -- F. Test Results: 1. 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 and are not for approval. 3. Distribution: a. Unless otherwise required in Specifications, test results shall be submitted to ENGINEER'S field office or if ENGINEER has no field office to ENGINEER'S office. G. Miscellaneous: 1. 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. Survey Data: a. Refer to Specification sections for requirements on property surveys, building or structure condition surveys, field measurements, quantitative records of actual Work, damage surveys, photographs, and similar data. Copies will not be returned. 1) Survey Copies: 2 copies. 2) Final Property Survey: 10 copies. 3) Condition Surveys: 2 copies. 3. 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. 4. Closeout Submittals: 01 33 10-5 BarScreenBldgHeaterRplcmnt-60184424(113632) 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. H. Operating and Maintenance (O&M) Data: — 1. Organize operations and maintenance information into suitable sets of manageable size,and bind into individual binders properly identified and indexed (thumb-tabbed). Include emergency instructions, safety precautions, spare parts listing, copies of warranties, wiring — diagrams, recommended "turn-around" cycles, inspection procedures, Shop Drawings, Product Data, and similar applicable information. a. Manufacturer's printed instructions regarding safety precautions for both(a)protection of personnel operating equipment and systems and (b) prevention of damage to equipment and systems. b. Shop Drawings and other submittals included in O&M data shall be corrected to include, — in same format and style as original submittal, review comments. c. Data may be submitted on CD Rom if approved by ENGINEER. 2. Binders: Commercial quality D-Ring binder with durable and cleanable plastic covers. Paperboard and laminated paperboard covers are not acceptable. a. Do not fill binders to more than 75% of capacity. b. When multiple binders are used for an item of equipment,organize contents into related groupings. Each binder cover shall bear identification of specific contents. 3. Cover Label: Label each binder cover and spine with typed or printed title "OPERATION — AND MAINTENANCE INSTRUCTIONS" and following: a. Project title. _ b. Name(s) of applicable building(s) or structure(s) as shown on Drawings in which equipment located. c. Name of equipment as set forth in Contract Documents. d. Specification section number for equipment as set forth in Contract Documents. — 4. Submit after equipment requiring O&M data has been returned"Approved"or"Approved as Noted". _ 5. Submit 6 copies of each manual. I. 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: 1. General: 01 33 10-6 BarScreenBldgHeaterRplcmnt-60184424(113632) 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 be placed in an "On Hold" status and not returned until CONTRACTOR provides additional information. 3. Unsolicited Submittals: ENGINEER will return unsolicited submittals to CONTRACTOR without reviewing. B. Action Stamp: 1. Marking: NO EXCEPTIONS TAKEN a. Final Unrestricted Release: When submittals are marked as "No Exceptions Taken", Work covered by submittal may proceed provided it complies with Contract Documents. Acceptance of Work depends on that compliance. 2. Marking: MAKE CORRECTIONS NOTED a. 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 not required. 3. Marking: REJECTED a. 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. b. 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 a. 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. b. Revise submittal or prepare new submittal in accordance with ENGINEERS notations in accordance with resubmittal requirements of this section. Resubmit without delay. Repeat if required to obtain different action marking. 01 33 10-7 BarScreenBldgHeaterRplcmnt-60184424(113632) PART PRODUCTS _ (Not Used) PART 3 EXECUTION (Not Used) _ *** END OF SECTION *** 01 33 10-8 BarScreenBldgHeaterRplcmnt-60184424(113632) SECTION 01 35 16 ALTERATION PROCEDURES PART1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Alterations to existing buildings or structures. 2. Cutting and patching. B. Cut, move or remove items as necessary to provide access to allow alterations and new Work to proceed in existing structures, buildings, or facilities. C. Work Includes: 1. Alterations: a. Cutting, moving or removal of items as shown on Drawings. b. Cutting, moving or removal of items not shown to be cut, moved or removed, but which must be cut, moved or removed to allow new Work to proceed. Patch or reinstall Work or items which are to remain in finished Work after cutting, moving or removal, and make joints and finishes match adjacent or similar Work. c. Removal of existing surface finishes as needed to install new Work and finishes. d. Removal of abandoned items and removal of items serving no useful purpose, such as piping and electrical conduit. e. Repair or removal of dangerous or unsanitary conditions. f. Removal of unsuitable or extraneous materials not marked for salvage, such as abandoned furnishings,debris, grease buildup, rotted wood, rusted trench covers, and deteriorated concrete and masonry. 2. Cutting and Patching: a. Uncovering Work for installation of ill-timed Work. b. Removal and replacement of defective Work and Work not conforming to Contract Documents. c. Uncovering Work to provide observation by ENGINEER or inspection or tests by others of covered Work. d. Removal of samples of installed materials for testing. e. To make several parts fit properly. 3. Temporary enclosures and services. 1.02 ALTERATIONS, CUTTING, AND PROTECTION A. Survey and record condition of existing facilities to remain in-place that may be affected by alteration operations. After alteration work is complete,survey conditions again and restore existing facilities to pre-alteration condition. B. Perform Work of moving, removal, cutting, and patching with trades qualified to perform Work in manner causing least damage to each type of Work. 1. Cut finish surfaces such as masonry,tile,plaster or metals, by methods to terminate surfaces in straight line at natural point of division. 01 35 16-1 BarScreenBldgHeaterRplcmnt-60184424(113632) C. Protect existing finishes, equipment, and adjacent Work which is to remain, from damage. 1. Protect existing and new Work from weather and extremes of temperature. a. Maintain existing interior work area above 60°F. b. Provide weather protection, waterproofing, heat, and humidity control as needed to prevent damage to remaining existing and new Work. D. Provide shoring, needling,and bracing to keep building(s)or structures structurally secure and free — of damaging deflection for installation of new structural members. E. Do not pile material to endanger building or structure. 1.03 SECURITY A. When keys to locked areas are needed to provide access to areas to perform Work, obtain from OWNER. Return keys at end of each day's Work. 1.04 PROTECTION AND CONTINUITY OF UTILITIES AND OPERATIONS A. Protect existing utilities so they will continue to function during and after construction. B. Where interference with such facilities occurs,cooperate with OWNER of facility and,if necessary, -- alter facility to eliminate interference. C. Service Continuity: 1. Provide and maintain continuous electrical, plumbing, and HVAC services to functioning portions of process, building, facilities, or areas during hours normally in use. 2. Temporary outages are permitted during cutover Work at such times and places as can be pre-arranged with OWNER. Keep such outages to minimum number and length of time. Make no outages without prior approval. 3. Include costs for temporary equipment, materials, and Work required in Contract Price. 4. Remove temporary equipment and materials when no longer required or at completion of Work. D. Plant Operation: — 1. Maintain continuity of plant operation to functioning portions of existing plant. 2. Temporary shutoff is permitted during cutover Work at such times and places as can be pre- — arranged with OWNER. Keep such shutoffs to minimum number and length of time and, once Work has started on temporary shutoff, continue until Work is complete. Make no shutoffs without prior approval. 3. Include costs for temporary piping and Work required in Contract Price. 4. Remove temporary piping when no longer required or at completion of Work. 1.05 TEMPORARY ELECTRICAL AND MECHANICAL SERVICES A. Comply with Section 01 50 10. B. Electrical: — 1. Maintain existing electric service to existing equipment until removed from service. 2. Provide temporary electrical connections to new equipment if permanent wiring is not complete and equipment is required to be placed into service to continue operation of facility. 3. Provide temporary electrical connections to temporary equipment or existing equipment that has been relocated, but is required to continue operation of facility. 01 35 16-2 BarScreenBldgHeaterRplcmnt-60184424(113632) PART PRODUCTS 2.01 SALVAGED MATERIALS A. Salvage sufficient quantities of cut or removed material to replace damaged %"Iork of existing construction or patch new Work when material not readily obtainable on current narket. B. In addition to items specified above or indicated on Drawings to be salvaged, items marked or listed by ENGINEER for salvage shall remain property of OWNER and be carefully removed and stored. C. Salvaged items remaining after completion of Work shall be delivered to p ace of storage designated by OWNER or disposed of by CONTRACTOR. 2.02 PRODUCTS FOR PATCHING, EXTENDING, AND MATCHING A. Provide same products, salvaged materials, types of construction or finish as that in existing structure, as needed to patch, extend or match existing Work. — 1. Generally, Contract Documents will not define products or standards of workmanship present in existing construction, determine products by inspection and necess-iry testing and workmanship by use of existing as sample of comparison. PART 3 EXECUTION 3.01 PREPARATION A. Where new work conceals existing surfaces or spaces CONTRACTOR shall -emove foreign substances such as accumulated dirt, dust, grease, sludge, and odoriferous -naterial before concealing existing surfaces. B. Where surfaces are to remain exposed CONTRACTOR shall remove foreign substances described above. 3.02 TEMPORARY ENCLOSURES A. Exterior: Provide temporary weathertight enclosure for successive areas of bt,ilding as Work progresses, to provide: 1. Acceptable working conditions. 2. Weather protection for materials. 3. Effective temporary heating. 4. Prevention of entry by unauthorized persons. 3.03 REMOVAL, RELOCATION AND SECURING MATERIALS AND EQUIPMENT A. Where existing materials and equipment are removed or relocated, remove mat+Tials no longer used such as studs, straps, conduits, ducts, wires, anchors, piping and supports. Remove or cut off concealed or embedded materials such as conduit, boxes, anchors, piping or oiler materials to not less than 3/4 in. below finished surface. B. Materials that cannot be removed shall be secured to adjacent structure to preven coming loose. C. Repair affected surfaces to conform to type, quality, and finish of adjacent surfaces. — 01 35 16-3 BarScreen Bldg HeaterRplcmnt-60184424(113632) 3.04 CUTTING AND PATCHING A. Inspect existing conditions of Work, including components subject to damage or movement during cutting, patching, excavating or backfilling. B. After uncovering Work, inspect conditions affecting installation of new materials. C. Do not cut or notch structural members without specific written approval of ENGINEER. 3.05 RESTORATION A. Where existing partitions are removed, patch floors, walls, and ceilings with finish materials matching existing to provide smooth planes without breaks, steps or bulkheads. 1. Where change of plane is 2 in. or more, request instructions from ENGINEER as to method of making transition. 2. Trim and refinish existing doors as necessary to clear new floors or flooring material. B. Patch and replace portions of existing finished surface damaged by CONTRACTOR'S operations. 1. Provide adequate support of substrate prior to patching finish. 2. Refinish patched portions of painted or coated surfaces to produce uniform color and texture over entire surface. — 3. When existing surface finish cannot be matched, refinish entire surface to nearest intersections. C. When new Work abuts or finishes flush with existing Work,transition shall match existing adjacent Work in texture and appearance so patch or transition is not visible at distance of 6 ft. 1. When finished surfaces are cut so smooth transition with new Work is not possible,terminate existing surface along straight line at natural line of division, and provide trim appropriate to finished surface. D. Clean and repair damage caused by installation or by use of temporary facilities. 1. Remove foundations and underground installations used for construction aids. 2. Grade areas of site affected by temporary installations to required elevations and slopes. _ E. Restore existing facilities used for temporary purposes to specified, or to original, condition. 3.06 CLEANING A. Perform periodic and final cleaning as specified in Section 01 74 13, and: 1. Clean OWNER-occupied areas daily. 2. Clean spillage, overspray, and heavy collection of dust in OWNER-occupied areas immediately. B. At completion of alterations work in each area, provide final cleaning and return space to condition suitable for use by OWNER. C. Remove debris from site each day. Removed material, except that listed or marked by ENGINEER for retention, becomes property of CONTRACTOR. *** END OF SECTION 01 35 16-4 BarScreenBldgHeaterRplcmnt-60184424(113632) SECTION 01 50 10 TEMPORARY CONSTRUCTION FACILITIES AND UTILITIES PART 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 "RTL" shall be as defined in OSHA Regulation 1910.7. 2. Terms"listed"and"labeled"shall be as defined in National Electrical Code(NEC),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. General: 1. Temporary lighting shall be sufficient to enable CONTRACTOR and Subcontractors to complete Work and enable ENGINEER to observe Work as it is being performed. Illumination shall meet or exceed state code requirements. B. Responsibilities: 1. Provide, maintain, and remove temporary electric service facilities. 2. Facilities exposed to weather shall be weatherproof type and electrical equipment enclosure locked to prevent access by unauthorized personnel. 3. Pay for installation of temporary services including poles,transformer charges,and metering. 4. Arrange with local electric utility for temporary electric service subject to their requirements and approval. 5. Register temporary meter in CONTRACTOR'S name. 6. Provide and maintain lamps, wiring, switches, sockets, and similar equipment required for temporary lighting and small power tools. 7. Pay for electrical energy consumed for construction purposes including operation of -' ventilating equipment for heating of buildings, and for testing and operating of equipment after permanent wiring has been installed, until final acceptance by ENGINEER or until occupancy by OWNER. 8. Provide and pay for service to temporary offices. 2.02 TEMPORARY HEAT �- A. General: 1. Temporary Heat: Heating required in screen building during construction. 2. See requirements of Specifications for minimum temperature to be maintained for various trades and Work. Except as otherwise called for, temperature in all parts of new buildings 01 50 10-1 BarScreenBldgHeaterRplcmnt-60184424(113632) shall be kept above 50°F. Maximum temperature in building shall be 750F during heating season. 3. Heat shall be warm air heat from oil or gas-fired portable unit heaters suitably vented to outside as required for protection of health and property. 4. Open salamander type heaters are not permitted. B. Responsibilities: 1. Provide temporary heat. Make arrangements and pay fuel costs, supervise, and maintain heating units. 2. Provide adequate heat to all parts of buildings or structures. 3. Pay for repairing or replacing any part of building or materials damaged because of lack of heat. 4. Provide temporary throwaway filters if, at any time, permanent system used for temporary ventilation. 2.03 TEMPORARY TELEPHONE SERVICE A. Arrange with local telephone company to provide telephone service throughout duration of Work. B. Locate telephone in Project construction office for local calls. C. Cellular phone service is acceptable. 2.04 WATER FOR CONSTRUCTION A. OWNER will provide on-site source for temporary connection to water. Provide temporary piping required to bring water to point of use and remove piping when no longer needed. 1. Install metering device acceptable to OWNER and pay for water used at current rate. 2.05 WATER FOR TESTING A. CONTRACTOR shall provide water necessary for testing prior to acceptance of Work, unless A specifically stated otherwise in Specifications for equipment, system or facility. 2.06 SANITARY FACILITIES A. Do not use existing sanitary facilities. B. Provide temporary sanitary toilet facilities conforming to state and local health and sanitation TT 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. 2.07 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. 2.08 TEMPORARY SITE AND OTHER ROADS A. Construct and maintain temporary site roadways in snowfree, ice free,drivable condition necessary to carry out construction operations. 01 50 10-2 BarScreenBldgHeaterRplcmnt-60184424(113632) B. Maintain OWNER'S existing on-site roads and public roads(Mitchell Avenue,Sheffield Avenue and Easton Avenue,from 1-380 to plant entrance)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. C. CONTRACTOR shall replace or repair OWNER'S existing roads and public roads to original or better condition prior to final completion. Survey and record condition of existing roads prior to construction. ._ 2.09 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. 2.10 TEMPORARY PARKING 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. 1. Do not allow heavy vehicles or construction equipment in parking areas. B. Make arrangements with OWNER. 2.11 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. B. Maintain and operate systems to ensure continuous service. "— C. Modify and extend systems as Work progress requires. 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. 01 50 10-3 BarScreenBldgHeaterRplcmnt-60184424(113632) 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 01 50 10-4 BarScreenBldgHeaterRplcmnt-60184424(113632) SECTION 01 60 10 MATERIAL AND EQUIPMENT PART1 GENERAL 1.01 SUBSTITUTIONS AND "OR EQUAL" ITEMS A. General: — 1. When equipment or material is specified by naming 1 or more equipment manufacturers or material suppliers and followed by words "no substitution permitted" or similar wording, CONTRACTOR shall provide one of named manufacturers or suppliers. B. Substitutions: 1. For material or equipment specified by naming one or more equipment manufacturers or material suppliers and not followed bywords"or equal",CONTRACTOR shall submit request for substitution for equipment or manufacturer not specifically named. 2. 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 or more of following conditions are satisfied. r a. Where required equipment or material cannot be provided within Contract Time, but not as result of CONTRACTOR'S failure to pursue Work promptly or coordinate various activities properly. -- 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. C. "Or Equal": For material or equipment specified by naming one or more equipment manufacturer followed by the words"or equal", CONTRACTOR shall submit in accordance with Section 01 33 10 for equipment or manufacturer not specifically named. D. Conditions which are not substitutions: 1. Requirements for substitutions do not apply to CONTRACTOR options on materials and equipment provided for in Specifications. 2. Revisions to Contract Documents, where requested by OWNER or ENGINEER, are "changes" not"substitutions". 3. CONTRACTOR'S determination of and compliance with governing regulations and orders issued by governing authorities do not constitute substitutions or basis for Change Orders, except as provided for in Contract Documents. 1.02 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 properfunction in completed Work. 01 60 10-1 BarScreen6ldgHeaterRplcmnt-60184424(113632) 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. 1.03 MANUFACTURER'S INSTRUCTIONS A. Installation of equipment and materials shall complywith manufacturer's instructions. Obtain and distribute printed copies of such instructions to parties involved in installation, including 2 copies to ENGINEER. 1. 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. 1.04 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. 1.05 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. 3. Maintain temperature and humidity within ranges required by manufacturer's instructions. C. Exterior Storage: 1. Store fabricated 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. 2. Store loose granular materials in well-drained area on solid surfaces to prevent mixing with foreign matter. 3. Store materials such as pipe, reinforcing steel, structural steel, and equipment on pallets or racks, off ground. D. Inspection and Maintenance: 01 60 10-2 BarScreen Bldg HeaterRplcmnt-60184424(11 3632) 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 ENGINEERwith 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. F. Wheeling of loads over finished floors,with or without plank protection, is not permitted in anything except rubber-tired wheelbarrows, buggies, trucks or dollies. This applies to finished floors and exposed concrete floors,as well as those covered with composition tile or other applied surfacing. -- G. Where structural concrete is also finished surface, avoid marking or damaging surface. 1.06 SPECIAL TOOLS, SPARE PARTS AND LUBRICATING EQUIPMENT A. Furnish, in accordance with manufacturer's recommendations,special tools required for checking, testing, parts replacement, and maintenance. Special tools are those specially designed or adapted for use on parts of equipment, and not customarily and routinely carried by maintenance -- mechanics. 1. Tools and lubricating equipment shall be of quality compatible to equipment manufacturer has furnished. B. Deliver to OWNER before operating personnel have been instructed in operation, repair and maintenance of equipment and unit is placed in operation. C. Mark spare parts and special tools to identify associated equipment by name,equipment, and part number. Package parts for protection against damage during shipping, handling and storage. Ship spare parts and special tools in boxes marked to indicate contents. 1.07 LUBRICATION _ A. Where lubrication is required for proper operation of equipment, incorporate necessary and proper provisions in equipment in accordance with manufacturer's requirements. Where possible, lubrication shall be automated and positive. B. Where oil is used, reservoir shall be of sufficient capacity to supply unit for 24 hr period. PART 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. 01 60 10-3 BarScreenBldgHeaterRplcmnt-60184424(113632) 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. — 5. Equipment capabilities,sizes,and dimensions shown or specified shall be adhered to, unless variations are specifically approved, in writing. 6. Equipment shall be adapted to best economy in power consumption and maintenance. Parts — and components shall be proportioned for stresses occurring during continuous or intermittent operation, and for additional stresses occurring during fabrication or installation. 7. Design so working parts are readily accessible for inspection and repair, easily duplicated, and replaced. — C. Do not use material or equipment for purpose other than for which it is designed or specified. PART 3 EXECUTION 3.01 FIELD QUALITY CONTROL; INSTALLATION, INSTRUCTIONAL, AND POST STARTUP — SERVICES A. General: 1. Provide on-site services of Supplier's representatives for equipment provided by CONTRACTOR during construction, installation, equipment startup, and training of OWNER'S personnel for equipment or plant operation as specifically required in Specification — section for equipment or system. 2. Include and pay costs for Supplier's services. 3. Work day is defined as 8 hr period during OWNER'S or CONTRACTOR'S typical calendar day. Work day for purposes of this section does not include travel to or from Site. 4. Specifications include minimum mandays to provide basis for bidding. If additional time is required to perform services CONTRACTOR shall include that time in Contract Price. B. Installation Services: 1. Where installation services are called for in Specifications, provide competent and experienced technical representatives of manufacturers of material or equipment and systems to resolve assembly or installation procedures attributable to, or associated with, equipment furnished. 2. After equipment is installed, representatives shall perform initial equipment and system _ adjustment and calibration to conform to Specifications and manufacturer's requirements and instructions. 3. Provide"Certificate of Installation Services"stating proper adjustments have been made to equipment or system and equipment or system is ready for startup and system demonstration. Use form in this section and furnish 2 copies to ENGINEER. C. Instructional Services: 1. Do not start Instructional Services until Installation Services have been completed. 2. Where Instructional Services are called for in Specifications, provide competent and experienced technical representative of Supplier to provide detailed instructions to OWNER'S personnel for operation of equipment. Training services shall include operation and 01 60 10-4 BarScreenBldgHeaterRplcmnt-60184424(113632) maintenance of instrumentation and equipment in classroom and on-site. Training shall include electrical, mechanical, and safety aspects of equipment. 3. Submit documentation identifying name of specific representative,factory authorization,and background of named individual(s)to conduct training. Submit information 30 days before scheduled training period for review and approval by ENGINEER. 4. Coordinate training periods with OWNER and Supplier's representatives. a. No training shall be conducted unless instructor has been approved by ENGINEER. b. Notify ENGINEER at least 48 hrs before training sessions are to begin so ENGINEER can make arrangements with OWNER'S operating personnel. c. Reschedule canceled training sessions 48 hrs in advance. d. Failure of Supplier's or manufacturer's representative to appear for scheduled training, failure to notify ENGINEER 24 hrs in advance of need to cancel scheduled training or —" failure to arrive within 30 min of start of scheduled training shall result in reimbursement to OWNER for time lost by OWNER'S personnel in waiting for arrival of manufacturer's representative. Except in case of failure to arrive on time, time will not exceed 1 hr for each employee scheduled to receive training. Failure to arrive on time will be reimbursed by actual time late, up to 1 hr, after 1 hr training will be rescheduled. e. Failure of Supplier's or manufacturer's representative to appear for scheduled training, failure to notify ENGINEER 24 hrs in advance of need to cancel scheduled training or failure to arrive within 30 min of start of scheduled training shall result in reimbursement to OWNER for expenses and time incurred by ENGINEER in traveling and time spent on-site. Minimum time billed shall be 8 hrs. r 5. Similar types of equipment differing in model,size or manufacturer shall require equal service time as stated in specific Specification section. 6. O&M data shall constitute basis of instruction. a. Review data contents with personnel in full detail to explain aspects of operations and maintenance. — 7. Instructional Services shall be completed before start of system demonstration required in Section 40 80 10. 8. Provide "Certificate of Instructional Services", cosigned by OWNER and Supplier's representative, verifying training has been accomplished to satisfaction of each party. Use form in this section and furnish 2 copies to ENGINEER. D. Post Startup Services: 1. After equipment/system has been in operation for at least 6 months, but no longer than 11 months,each equipment manufacturer or authorized equipment representative shall make final inspection when required in Specifications. Final inspection will provide assistance to OWNER'S operating personnel in making adjustments or calibrations required to ensure equipment or system is operating in conformance with design, manufacturer, and Specifications. 2. Provide "Certificate of Post Startup Services", cosigned by OWNER and equipment representative, verifying this service has been performed. Use form in this section and furnish 2 copies to ENGINEER. 01 60 10-5 BarScreenBldgHeaterRplcmnt-60184424(113632) CERTIFICATE OF INSTALLATION SERVICES (Reference Specification Section 01600) Project Equipment _. Specification Section Contract I hereby certify the equipment supplier/manufacturer has inspected this equipment and that it has been properly installed, adjusted, and calibrated. I further certify this equipment may now be operated for test purposes and/or normal use. MANUFACTURER'S REPRESENTATIVE Signature Date Name (print) Title Representing CONTRACTOR Signature Date Name(print) Title This form shall be completed and submitted to ENGINEER prior to training of OWNER'S personnel. BarScreenBldgHeaterRplcmnt-60184424(113632) CERTIFICATE OF INSTRUCTIONAL SERVICES (Reference Specification Section 01600) Project Equipment Specification Section Contract I hereby certify that the equipment supplier/manufacturer has instructed OWNER'S personnel in the startup operation and maintenance of this equipment as required in the Specifications. CONTRACTOR Signature Date Name (print) Title OWNER I hereby certify that my operating personnel received_days instruction from for startup,operation, and maintenance of this equipment. Signature Date Name (print) Title Representing COMMENTS: CONTRACTOR'S APPLICATION FOR CONSIDERATION OF SUBSTITUTION (Include With Submittals) NOTE: Provisions requiring submittal of this form are described in paragraphs 6.05.A.1 and A.2 of the General and Supplementary Conditions. Date: Contractor: Project: Earth Tech, Inc. Project No. Contract No.: (If Applicable) We hereby apply for consideration of — (Proposed Substitute Manufacturer) as a substitute manufacturer to the manufacturer(s) named in: Specification Section: Paragraph/Drawing No.: for the following reasons (Check one or more): The specified equipment or material is unavailable or time of delivery will substantially delay the construction progress, but not as result of CONTRACTOR'S failure to pursue Work promptly or coordinate various activities. (Provide supporting information). ❑ The proposed equipment or material will provide for packaging and coordination with other equipment from a single source manufacturer/supplier. (Submit name of source supplier and other equipment to be packaged). ❑ The proposed equipment or material is a "Substitute Item" to that specified and the Contractor will provide the Owner with a credit of$ if the equipment or material is accepted. Term "Substitute Items" is defined in Paragraph 6.05.A.2 of the General Conditions. We certify that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified and will not prejudice CONTRACTOR's achievement of Substantial Completion on time. A. Physical Characteristics of Proposed Substitute (if applicable): Operating Wt.: Ibs Height: Width: Depth: Volts: Hertz: KW. or HP.: B. Will acceptance of the proposed substitute by OWNER: 1. Require a change in the Drawings or Specifications: Yes No If yes, attach an explanation and detailed drawings. ` 2. Require payment of any license fee or royalty: Yes No If yes, attach an explanation. — 3. Result in a change of contract time: Yes No BarScreenBldgHeaterRplcmnt-60184424(113632) If yes, attach an explanation. C. Variations of proposed substitute from specified material, equipment, methods or procedures include: (If none, state none. Attach separate listing if more space needed.) 1. 2. 3. 4. D. Service Source(Maintenance, Repair, and Replacement)availability: (Start with location closest to Site of Project.) 1. Name of Business: Address: City: State: Zip: Years in Business: Factory Authorized: Yes No Parts Stocked: Major Yes No Minor Yes No Field Service Personnel Available: Yes No _ 2. Name of Business: Address: City: State: Zip: Years in Business: Factory Authorized: Yes No Parts Stocked: Major Yes _ No Minor Yes No Field Service Personnel Available: Yes No E. Identify costs, (direct or indirect), if any,associated with acceptance of this proposed substitute. (If none, _ state none.) Is a Credit Offered: Yes $ None NOTE: ENGINEER may require CONTRACTOR to furnish, at CONTRACTOR's expense, additional data about the proposed substitute including but not limited to,an analysis by CONTRACTOR of the equivalency of the proposed substitute to the named item. BarScreenBldgHeaterRplcmnt-60184424(113632) EXPERIENCE RECORD DATA The requested substitute has been installed in the following locations: 1. LOCATION: Telephone No.: Date Installed: Date Started Up: Owner's Representative to be Contacted: Engineer's Representative to be contacted Firm's Name: Telephone No.: 2. LOCATION: Telephone No.: Date Installed: Date Started Up: Owner's Representative to be Contacted: Engineer's Representative to be contacted _ Engineer's Firm's Name: Telephone No.: 3. LOCATION: Telephone No.: Date Installed: Date Started Up: Owner's Representative to be Contacted: Engineers Representative to be contacted Engineer's Firm's Name: Telephone No.: 4. LOCATION: Telephone No.: Date Installed: Date Started Up: Owner's Representative to be Contacted: Engineer`s Representative to be contacted Engineer's Firm's Name: Telephone No.: (Attach a supplementary experience sheet if more records are available.) _ CONTRACTORS SIGNATURE.- POSITION: DATE: SECTION 01 74 13 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. PART 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. Keep premises and adjacent properties free from accumulations of waste materials, rubbish, and other debris resulting from construction operations. B. Provide on-site containers for collection and removal of waste materials, debris, and rubbish in accordance with applicable regulations. 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. Wash and shine glazing and mirrors. 3. Polish glossy surfaces to clear shine. 4. Ventilating Systems: a. Clean permanent filters and replace disposable filters if units were operated during construction. b. Clean ducts, blowers,and coils if units were operated withoutfilters during construction. 5. Electrical Systems: a. Leave electrical equipment rooms broom clean. b. Clean interior of panel cabinets, pull boxes, and other equipment enclosures. c. Clean lighting fixtures, lamps, and other electrical equipment soiled during installation. 01 74 13-1 BarScreenBldgHeaterRplcmnt-60184424(113632) d. Touch-up paint or repaint damaged finishes on electrical items delivered to Project with finish coat of paint. ENGINEER will make final determination of items to be repainted or touched-up. 6. Vacuum carpeted areas and broom clean interior hard surface floors and exterior paved _ surfaces; rake clean other surfaces of grounds. 7. Clean out existing or new sewers to remove sediment and other materials that have entered during construction. 8. Clean haul roads and streets used as haul roads during construction of accumulated material. Clean paved streets with water. B. Prior to substantial completion or OWNER occupancy, CONTRACTOR with ENGINEER and _ OWNER, shall conduct inspection of sight-exposed interior and exterior surfaces and work areas to verify Work and site is clean. 3.04 CLEANING A. Wet wells, tanks, and basins shall be washed down and swept before water allowed to enter. END OF SECTION 01 74 13-2 BarScreenBldgHeaterRplcmnt-60184424(113632) SECTION 01 78 23 OPERATION AND MAINTENANCE (O&M) DATA PART1 GENERAL 1.01 SUMMARY A. Compile data and related information in manuals appropriate for OWNER'S operation and maintenance (O&M) of each item of equipment identified in other Specification sections. 1.02 QUALITY ASSURANCE A. Preparation of data shall be performed by personnel: 1. Trained and experienced in O&M of described equipment. 2. Familiar with requirements of this section. 3. Skilled as technical writer to extent required to communicate essential data. 4. Skilled as drafter competent to prepare required drawings. 1.03 FORM OF MANUALS A. Components: 1. Size: 8-1/2 in. by 11 in., or 11 in. by 17 in. folded, with standard 3-hole punching. 2. Paper: 20-lb minimum, white, for typed pages. 3. Text: Manufacturer's printed data,or neatly typewritten. Handwritten data is not acceptable. 4. Drawings: a. Bind in with text. b. Fold larger drawings and place in clear plastic pockets punched for inserting into binder. Place identification on outside of each pocket. B. Cover Label: Label each binder cover and spine with typed or printed title "OPERATION AND MAINTENANCE INSTRUCTIONS" and following: 1. Project title. 2. Name(s)of applicable building(s)or structure(s)as shown on Drawings in which equipment located. 3. Name of equipment as set forth in Contract Documents. 4. Specification section number for equipment as set forth in Contract Documents. C. Binders: 1. Commercial quality D-Ring binder with durable and cleanable plastic covers. Paperboard and laminated paperboard covers are not acceptable. 2. Do not fill binders to more than 75% of capacity. 3. When multiple binders are used for an item of equipment, organize contents into related groupings. Each binder cover shall bear identification of specific contents. 1.03 SUBMITTAL SCHEDULE A. Submit 6 copies of complete O&M data, bound in binders bearing identification label, for review within 30 days after time CONTRACTOR receives approved Shop Drawings and other submittals for equipment from ENGINEER. 01 78 23-1 BarScreen Bldg HeaterRplcmnt-60184424(113632) B. ENGINEER'S review and acceptance of O&M data will be only for conformance with requirements of this section, for form of submittal and organization of data and completeness of information provided, but not for technical content or coordination between individual suppliers of equipment or system(s). C. CONTRACTOR shall review O&M submittal and complete Form 1, Contractor Submittal Form, attached to this section indicating requirements of this section have been met before submitting to ENGINEER. ENGINEER will reject submittals without completed Form 1. D. ENGINEER will be sole judge of completeness of data. 1.04 PAYMENTS _ A. Progress payment for equipment delivered,stored or installed under these Contract Documents will not be made until O&M data is approved by ENGINEER. B. Progress payments for control systems packaged with equipment will not be made until O&M data incorporated into equipment and control system manual is approved by ENGINEER. PART2 PRODUCTS (Not Used) PART 3 EXECUTION _ 3.01 GENERAL CONTENTS OF DATA A. Each manual shall contain equipment data pertaining to not more than one Specification section number indicated in Contract Documents. B. Title Sheet: First page in data listing following: 1. Title: "OPERATION AND MAINTENANCE INSTRUCTIONS". 2. Title of Project: As shown on Contract Documents. 3. Name(s) of applicable building(s)or structure(s) in which equipment is located. 4. Name of equipment as described in Contract Documents. 5. Specification section number for equipment. 6. CONTRACTOR'S name, address, and telephone number. 7. Subcontractor's name, address, and telephone number if equipment is provided by '— Subcontractor. 8. CONTRACTOR'S or Subcontractor's purchase order number, manufacturer's shop order number or other such numbers required for parts and service ordering. 9. Manufacturer's name, address, and telephone number. 10. Name, address, and telephone number for local source of supply for parts and service. C. Equipment List: Immediately following title sheet containing following: 1. Completed Form 1, Contractor's Submittal Form. D. Table of Contents: Immediately following equipment list. Arrange in logical, systematic order and shall include as minimum each tabbed divider. Each page shall be numbered. E. Tabbed Dividers: Insert tabbed section dividers between each major section 1. Provide title of section on each tab. 01 78 23-2 BarScreenBldgHeaterRplcmnt-60184424(113632) 2. Provide table of contents for each tabbed section, arranged in systematic order. F. Equipment Data Sheets: Provide catalog sheets showing configuration, manufacturer's specifications, models, options, and styles of equipment and major components being provided. Product data sheets will show project specific information with inapplicable information deleted by crossing out or removal. Include in tabbed section(s). G. Text: 1. Include only those sheets applicable to Project. 2. Each sheet shall: a. Identify specific equipment or part installed. b. Identify text applicable to equipment or part installed. c. Do not include inapplicable information. H. Drawings: 1. Supplement text with drawings to clearly illustrate following: a. Equipment and components. b. Relations of component parts of equipment and systems. c. Control and flow diagrams. 2. Actual drawings of equipment from manufacturer. "Typical" drawings are not acceptable, unless they accurately illustrate actual installation. I. Specially written information, as required to supplement text for particular installation. 1. Provide explanation of interrelationships of equipment and components, and effects one component has on another or entire system. 2. Provide overall instructions and procedures for equipment tying in instructions and procedures for separate components into unified instructional package. 3. Provide glossary of special terms used by manufacturer. 4. Organize in consistent format under separate headings for different procedures. 5. Provide logical sequence of instructions for each procedure. J. Copy of each warranty, bond or service contract issued. 1. Provide information sheet for OWNER'S personnel to explain following. _ a. Proper procedures in event of failure or malfunction to prevent voiding warranty. b. Instances affecting validity of warranties or bonds. 3.02 SPECIFIC DATA FOR EACH EQUIPMENT AND SYSTEMS A. For each item of equipment and system include: 1. Completed Equipment Data Form typewritten on copy of Form 2 to Section 01 78 23. 2. Description of equipment and component parts: a. Function, normal operating characteristics, and limiting conditions. b. Performance curves, engineering data, and tests as applicable. c. Complete nomenclature and commercial number of replaceable parts. d. Complete nameplate data. e. P&ID numbers for equipment as indicated on Drawings. 01 78 23-3 BarScreenBldgHeaterRplcmnt-60184424(113632) 3. Operating Procedures: a. Startup, break-in, and normal operating instructions. b. Regulation, control, stopping, shutdown, and emergency instructions. c. Summer and winter operating instructions, as applicable. d. Special operating instructions. 4. Maintenance Procedures: a. Routine maintenance operations. b. Guide to troubleshooting. c. Disassembly, repair, and reassembly instructions. _ d. Alignment, adjusting, and checking instructions. 5. Servicing and Lubrication Schedule: a. List of lubricants required and quantity to be applied. b. Schedule of lubrication. c. Schedule for other routine maintenance. 6. Manufacturer's printed instructions regarding safety precautions for both (a) protection of personnel operating equipment and systems and(b) prevention of damage to equipment and systems. 7. Description of sequence of operation of controls. 8. Manufacturer's parts list, illustrations, assembly drawings, and diagrams required for maintenance. a. Predicted life of parts subject to wear. b. Items recommended to be stocked as spare parts and quantities of same. 9. Approved control diagrams such as ladder diagrams, instrumentation loop diagrams, and electrical schematics as appropriate. 10. Bill of material. 11. Other data as required under applicable Specification sections. B. Each electric and electronic system,as applicable to equipment such as switchgear, motor control centers, panel boards, switchboards, starters, breakers, and relays shall include: 1. Description of System and Component Parts: a. Function, normal operating characteristics, and limiting conditions. -- b. Performance curves, engineering data, rating tables, and tests as applicable. c. Complete nomenclature and commercial number of replaceable parts. d. Complete nameplate data. _ e. P&ID numbers for equipment as set forth on Drawings. 2. Circuit Directories of Panel Boards: a. Electrical service. b. Controls. c. Communications. 3. Complete instrumentation loop diagrams with tabulated listing of components in each control circuit or loop. 4. Operating Procedures: a. Routine and normal operating instructions. 01 78 23-4 BarScreenBldgHeaterRplcmnt-60184424(113632) b. Sequences required. c. Special operating instructions. 5. Maintenance Procedures: a. Routine maintenance operations. b. Guide to troubleshooting. C. Disassembly, repair, and reassembly instructions. d. Adjustment and checking instructions. 6. Manufacturer's printed instructions regarding safety precautions for both (a) protection of personnel operating equipment and systems and(b)prevention of damage to equipment and systems. 7. List of original manufacturer's spare parts and recommended quantities maintained in storage. 8. Other data as required under pertinent sections of Specifications. C. Prepare and include additional data when need for such data becomes apparent during instruction of OWNER'S personnel or as requested by OWNER. 01 78 23-5 BarScreen Bldg HeaterRplcm nt-60184424(11 3632) FORM 1 TO SECTION 01 78 23 Page 1 of 5 CONTRACTOR SUBMITTAL FORM TO: DATE: (Engineer) SPECIFICATION (Address) SECTION TITLE: (City, State, Zip) SECTION NO.: (Attn:) MANUFACTURER/ VENDOR: FROM: NO. OF COPIES (Contractor) SUBMITTED TO (Address) ENGINEER: (City, State, Zip) SIGNATURE OF CONTRACTOR: GENTLEMEN: We have checked the O&M manual submittal dated 20_, and have found it to be in accordance with the requirements of Specification Section 01 78 23 as noted below. FORMAT Size: 8-1/2 x 11 or 11 x 17 Paper: 20-lb minimum Text: Printed data/neatly typed Drawings:Standard size bound in text; in text-size labeled envelopes Tabbed Section Dividers Cover Label: Title Project name Building/structure ID Equipment name Specification section Binders: Plastic Cover 01 78 23-6 BarScreenBldgHeaterRplcmnt-60184424(113632) FORM 1 TO SECTION 01 78 23 Page 2 of 5 CONTRACTOR SUBMITTAL FORM Provide Not Page d Applicable No. GENERAL CONTENTS ❑One specification only ❑Title Page -Title - Project title - Building/structure ID - Equipment name -Specification section number - Contractor ID _ -Subcontractor ID - Purchase order data - Manufacturer ID - Service/parts supplier ID [-]Product List ❑Table of Contents ❑Tabbed Sections — - Pertinent data sheets -Annotated as needed ❑Text - Pertinent to project -Annotated ❑Drawin s - Illustrate product and components — - Control and flow diagrams 01 78 23-7 BarScreen Bldg HeaterRplcmnt-60184424(113632) FORM 1 TO SECTION 01 78 23 Page 3 of 5 CONTRACTOR SUBMITTAL FORM Provide Not Page d Applicable No. GENERAL CONTENTS ❑S ecial Information - Interrelationships of equipment and components - Instructions and procedures provided - Instructions organized in consistent format - Instructions in logical sequence - Glossary ❑Warrant , Bond, Service Contract SPECIFIC CONTENTS EQUIPMENT/SYSTEMS ONLY) ❑Description of Unit and Components - Equipment functions - Normal operating characteristics - Limiting conditions - Performance curves - Engineering data -Test data - Replaceable parts list with numbers - Nameplate data - P&ID numbers DOperating Procedures - Startup - Routine/normal operation - Regulation and control -Stopping and shutdown - Emergency 01 78 23-8 BarScreenBldgHeaterRplcmnt-60184424(113632) FORM 1 TO SECTION 01 78 23 Page 4 of 5 CONTRACTOR SUBMITTAL FORM Provide Not I Page d Applicable No. SPECIFIC CONTENTS EQUIPMENT/SYSTEMS ONLY) ❑O e ating Procedures continued -Seasonal operation - Special instructions ❑Maintenance Procedures - Routine/normal instructions -Troubleshooting guide - Disassembly/reassembly/repair ❑Servicin and Lubrication _ - List of lubricants - Lubrication schedule - Maintenance schedule El Safety Precautions/Features ❑Se uence of Operation of Controls ElAssembly Drawings ❑Parts List and Illustrations - Predicted life -Spare parts list ❑Control Diagram s/Schem atics ❑Bill of Materials ❑Com leted Equipment Data Form per Specification ❑Other Data as Required 01 78 23-9 BarScreenBldgHeaterRplcmnt-60184424(113632) FORM 1 TO SECTION 01 78 23 Page 5 of 5 CONTRACTOR SUBMITTAL FORM Provide Not Page z d Applicable I No. SPECIFIC CONTENTS EQUIPMENT/SYSTEMS ONL ❑Description - Equipment functions - Normal operating characteristics - Performance curves - Engineering data -Test data - Replaceable parts list with numbers - Nameplate data - P&ID numbers ❑Panel Board Directories - Electrical - Controls -Communications ❑Instrumentation Loops - Diagrams -Components list each circuit/loop El Maintenance Procedures - Routine/normal instructions -Troubleshooting guide - Disassembly/reassembly -Adjusting and checkin D Safety Precautions/Features ❑S are Parts List ❑Additional Data 01 78 23-10 BarScreenBldgHeaterRplcmnt-60184424(113632) FORM 2 TO SECTION 01 78 23 Page 1 of 4 - EQUIPMENT DATA FORM PROJECT NAME CONTRACT NO. CONTRACTOR EQUIPMENT NO. ASSET NO.* DESCRIPTION MAINT. NO.* LOCATION MANUFACTURER PURCHASED FROM VENDOR ORDER NO. PURCHASE $ DATE OF PURCHASE LOCAL SUPPLIER ADDRESS PHONE NO. MODEL NO. NO. OF UNITS SERIAL NOS. *By Owner 01 78 23-11 BarScreen Bldg HeaterRpicmr 60184424(113632) FORM 2 TO SECTION 01 78 23 Page 2 of 4 EQUIPMENT DATA FORM NAMEPLATE DATA _ ELECTRIC MOTOR PUMP/HVAC UNIT MANUFACTURER MANUFACTURER TYPE [ ] AC [ ] DC TYPE HORSEPOWER SIZE RPM CAPACITY VOLTAGE PRESSURE AMPERAGE ROTATION PHASE IMPELLER SIZE FRAME IMPELLER MATERIAL DRIVE/REDUCER OTHER I&C MANUFACTURER MANUFACTURER [ ] GEAR TYPE [ ] V-BELT [ ] CHAIN V TYPE ] VARIDRIVE SIZE SERVICE FACTOR CAPACITY RATIO RANGE 01 78 23-12 BarScreen Bldg HeaterRplcmnt-60184424(113632) FORM 2 TO SECTION 01 78 23 Page 3 of 4 EQUIPMENT DATA FORM MAINTENANCE SUMMARY EQUIPMENT NO. ASSET NO.* DESCRIPTION MAINT. NO.* MAINTENANCE OPERATION: FREQUENCY: List briefly each Maintenance Operation required and refer to specific List required frequency of information in Manufacturer's Manual, if applicable. Refer by symbol each maintenance operation. to "Lubricant List" for Lubrication Operation. *By Owner 01 78 23-13 BarScreenBldgHeaterRpicmr 60184424(113632) FORM 2 TO SECTION 01 78 23 Page 4 of 4 EQUIPMENT DATA FORM LUBRICANT/RECOMMENDED SPARE PARTS LIST EQUIPMENT NO. ASSET NO.* DESCRIPTION MAINT. NO.* LUBRICANT LIST REFERENCE LUBRICANT TYPE RECOMMENDED LUBRICANT SYMBOL MILITARY STANDARD AND MANUFACTURER List symbols in List general lubricant type. List specific lubricant name, viscosity, and "Maintenance manufacturer. Operation" (Page 3 . RECOMMENDED SPARE PARTS LIST PART NO. ** DESCRIPTION UNIT QUANTITY UNIT COST ADDITIONAL DATA AND REMARKS * By Owner ** Identify parts provided by this contract with two asterisks. Note: Attach additional sheets if necessary; identify each sheet at top with equipment number and description. *** END OF SECTION * * * M 01 78 23-14 BarScreenBldgHeaterRplcmnt-60184424(113632) SECTION 01 78 39 PROJECT RECORD DOCUMENTS PART1 GENERAL 1.01 SUMMARY A. Maintain at site one record copy of: 1. Drawings. 2. Project Manual. 3. Addenda. 4. Change orders and other modifications to Contract. 5. ENGINEER'S Field Orders,Work Change Directives,Written Amendments,or clarifications. 6. Returned Shop Drawings and other submittals. 7. Field test records. 8. Construction photographs. 9. Associated permits. 10. Certificates of inspection and approvals. 1.02 SUBMITTALS A. At Substantial Completion: 1. Deliver 1 marked up set of Drawings to ENGINEER for use in preparation of record drawings. B. Submit with transmittal letter containing following: 1. Date. 2. Project title and number. 3. CONTRACTOR'S name and address. 4. Title of record document. 5. Signature of CONTRACTOR or authorized representative. PART PRODUCTS (Not Used) PART 3 EXECUTION 3.01 MAINTENANCE OF DOCUMENTS AND SAMPLES A. Store record documents and samples in CONTRACTOR'S field office on-site apart from documents used for construction. 1. Provide files and racks for storage of documents. 2. Provide secure storage space for storage of samples. B. Maintain record documents in clean, dry, legible condition and in good order. Do not use record documents for construction purposes. C. Make record documents and samples available for inspection by ENGINEER or OWNER. D. Failure to properly maintain record documents may be reason to delay portion of progress payments until records comply with Contract Documents. 01 78 39-1 BarScreen Bldg hleaterRplcmnt-60184424(113632) 3.02 RECORD DOCUMENTS A. General: 1. Maintain 1 complete set of Drawings and Project Manual, including Addenda, legibly annotated to show changes made during construction. 2. Label each document"PROJECT RECORD" in neat, large printed letters. 3. Record information concurrently with construction progress: a. Do not conceal Work until information is recorded. b. Record changes made by Field Order, Change Order or Work Directive Change and _ identify document number. 4. Give particular attention to concealed equipment and materials that would be difficult to measure and record at later date. B. Drawings: 1. Graphically depict changes by modifying or adding to plans, details, sections, elevations, or schedules. 2. Make changes on each sheet affected by changes. 3. Dimensions: a. Depths of various elements of foundation in relation to finish first floor datum. b. Horizontal and vertical locations of underground utilities and appurtenances,referenced to permanent surface improvements. 4. Location of internal utilities and appurtenances concealed in construction, referenced to visible and accessible features of structure. _ 5. Details not on original Drawings. 6. Location and identification of exposed interior piping,including those shown schematically on Drawings. 7. Size of equipment and location including connections. 8. Electrical and Instrumentation: a. Horizontal and vertical locations and size of underground cable, conduit,and duct runs _ dimensioned from established building lines. b. Plan location and size of interior concealed and exposed feeders. c. Size and location of access panels. d. Variations from original Drawings. C. Specifications: 1. Mark Specification sections to show substantial variations in actual Work performed in comparison with text of Specifications and modifications. 2. Include variations in products delivered to site and from manufacturer's installation instructions and recommendations. 3. Give particular attention to substitutions and selection of options and similar information. 4. Note related record drawing information and Product Data. *** END OF SECTION *' 01 78 39-2 BarScreenBldgHeaterRplcmnt-60184424(113632) GENERAL SPECIFICATIONS FOR CONSTRUCTION CITY OF WATERLOO, IOWA Department of Engineering SECTION A- Definitions of Terms SECTION B -Scope of work SECTION C - Control of Materials and Work - SECTION D - Procedure and Progress SECTION E - Measurements and Payments SECTION F - Legal Relations and Responsibility SECTION A- DEFINITIONS OF TERMS 1. CITY. The City of Waterloo, Iowa, which is the Party of the Fir-,t Part of the accompanying contract, acting through its authorized representative. 2. COUNCIL. The duly elected Council of the City of Waterloo, Iowa. 3. ENGINEER. The City Engineer of Waterloo, Iowa, or his authorized representative. 4. INSPECTOR. The authorized representative of the Engineer, assigned to the detailed inspection of the work or materials therefore and to such other duties as may be delegated to him in these specifications. 5. CONTRACTOR. The Party of the Second Part in the accompanying contract for the improvement covered by these specifications, or his authorized representative. _ 6. SUBCONTRACTOR. Any person, firm, or corporation who has, with the pproval of the Council, contracted with the Contractor to execute and perform in his stead all or any part c`the contract. 7. BIDDER. Any individual, firm, or corporation submitting a proposal for all )r a part of the work provided for in these specifications. 8. PROPOSAL GUARANTEE. The security designed in the Notice of Bidders or Proposal to be furnished by the bidder as a guarantee of good faith to enter into a contract and furnish an acceptable bond for the work contemplated if it be awarded him. 9. SURETY. The corporate body bound with and for the Contractor for --le acceptable - performance of the contract. 10. PROPOSAL. The written Proposal, submitted by the bidder in the pres;ribed manner and on the standard form, for the improvements covered by these specifications. 11. SPECIFICATIONS. The documents that set forth the manner in which the proposed work is to be accomplished which have been prepared by the Engineer and approved by the City Council, official copies of which are now on file with the City Clerk. 12. SPECIAL PROVISIONS. Clauses or memoranda not contained herein, applying to the contract of which these specifications are a part, which change or supplement these specifiii,ations. GS-1 BarScreenBldgHeaterRplcmr7-60184424(113632) 13. CONTRACT. The agreement entered into between the City and the Contractor, setting forth the terms under which the work covered by the plans and specifications is to be performed. The contract includes all conditions, definitions, and instructions set forth in the official publications relating to the work, the official contract and specifications, the Proposal, official plans, and all supplemental — agreements entered into by the parties to the contract. 14. NOTICE TO BIDDERS. The notice called attention of bidders to the time and place for receiving bids, containing a brief description of the work, and briefly setting forth the requirements and — conditions for submission of Proposals. 15. INSTRUCTIONS TO BIDDERS. The clauses setting forth in detail the information — relative to the proposed work and requirements for the submission of Proposals. 16. PLANS. The plans for the improvement covered by the specifications and approved by the Council, official copies of which are on file with the City Clerk. -- 17. CONTRACT BOND. The bond executed by the Contractor and his surety in favor of the City of Waterloo, Iowa, guaranteeing the complete execution of the contract in accordance with the plans and specifications, the payment of all debts pertaining to the work, and maintenance of the work as provided by law or by the specifications. 18. CONTRACT PERIOD. The period from the specified date for beginning the work to the specified date of completion, both dates inclusive. The contract period may be extended by the Council, as provided in these specifications, in which event the contract period includes the new date of completion. — 19. OFFICIAL PUBLICATIONS. The official publications are the formal resolutions and notices relative to the proposed improvement that are required by law to be published in a prescribed manner and that have actually been published in accordance with the statutes relating thereto. Attention is directed to the fact that these official publications are by statute vested with all of the force and effect of contract obligations. 20. A.S.T.M. Abbreviation for American Society for Testing Materials. 21. WORK. The term "Work" of the Contractor and Subcontractor includes labor or materials or both, equipment, transportation, or other facilities necessary to complete the contract. — 22. TIME. All time limits stated in the contract documents are of the essence in the contract. SECTION B -SCOPE OF WORK 1. CORRELATION AND INTENT OF DOCUMENTS. The Contract documents are — complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the documents is to include all labor, materials, equipment, and transportation necessary for the proper execution of the work. Materials or work described in words which, so applied, have a well-known technical or trade meaning shall be held to refer to such recognized standard. _ 2. DRAWINGS AND SPECIFICATIONS. Unless otherwise provided in the contract documents, the engineer shall furnish to the Contractor, free of charge, all copies of drawings and , specifications reasonably necessary for the execution of the work. The Contractor shall keep one (1) copy of all drawings and specifications on the work available to the Engineer and to his representatives. — G S-2 BarScree nBldg HeaterRplcm nt-601 84424(113632) 3. CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature, character and location of the work, the conformance to the ground, the character, quality, and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can, in any way, affect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the City, either before or after the execution of the Contract, shall affect or modify any of the terms or obligations herein contained. 4. REPORTING ERRORS AND DISCREPANCIES. If the Contractor, in the course of the work, finds any discrepancies between the plans and the physical conditions of the locality, or any errors of omission in plans or in the layout as given by said stakes and instructions, it shall be his duty to inform the Engineer immediately, in writing, and the Engineer shall promptly correct the same. 5. ALTERATION OR CORRECTION OF PLANS. The plans are made up from surveys that are presumably correct and represent the foreseen construction requirements. Any modification of the plans which may be required by the exigencies of the construction or any corrections made necessary because of errors in the original surveys, will be made by the Engineer. Should corrections or modifications of the plans or specifications require a different quality or class of work than that upon which the unit prices in the Proposal are based, or if the modifications or corrections are required in parts of the work partially completed and such modifications result in an increased cost to the Contractor, the amount to be paid for work resulting from such changes shall be agreed upon in writing at the time the changes — are ordered and before the work is begun by the Contractor. No allowance will be made for anticipated profits on work not performed. 6. CHANGES IN THE WORK. The City, without invalidating the contract, may order extra work or make changes by altering, adding to, or deducting from the work, the contract sum being adjusted by agreement or arbitration before such changed work is undertaken. All such work shall be executed under the conditions of the original contract, except that any claim for extension of time caused thereby shall be adjusted at the time of ordering such change. 7. INCREASED OR DECREASED QUANTITIES. The right is reserved without impairing the contract, to order the performance of such work of a class not contemplated in the Proposal or to increase or decrease the quantities as may be considered necessary to complete fully and satisfactorily the work included in the contract. However, when the work is completed without change in the plans, and the measured quantity of any item of work varies by more than twenty percent (20%) from the estimated quantity specified in the contract, an adjustment in price may be made for such item of work by agreement between the Engineer and the Contractor, subject to the approval of the City Council. Either party to the contract may request such an adjustment. 8. LANDS AND RIGHT OF WAY. The City shall provide the lands upon which the work under this contract is to be done, except that the Contractor shall provide land required for the erection of temporary construction facilities and storage of his material, together with the right of access to same. 9. CITY WATER. The Contractor shall be allowed to use City Water but before any water is used, he shall make application to the Waterloo Water Works for a temporary water connection from a fire hydrant or by some other connection method. Water usage will be charged at the rate for temporary water service. The rules, regulations, and water rates are available at the Waterloo Water Works offices at 325 Sycamore Street or their telephone number is 319-232-6280. 10. RIGHTS OF VARIOUS INTERESTS. Whenever work being done by the City's forces or by other Contractors is contiguous to work covered by this contract, the respective rights of the various interests involved shall be established by the Engineer to secure the completion of the various portions of the work in general harmony. GS-3 BarScreen Bldg HeaterRplcm nt-60184424(11 36 32) 11. CLOSING STREETS TO TRAFFIC. The Engineer shall be the judge of how many streets or parts of streets it is necessary for the Contractor to close at any time and may refuse to permit the closing of additional streets until such of the work is finished and opened to traffic as he may direct. 12. OBSTRUCTION OF STREETS. The work is to be carried on in such manner as to obstruct the streets, highways, and alleys as little as possible. The Contractor shall carry on the different parts of the work so as to complete the whole, as nearly as practicable, at the same time. In doing the work, the Contractor shall follow the directions of the Engineer as to the place or places where work shall be started or be carried on and the direction in which it shall be done. 13. SHANTIES AND BUILDINGS. Shanties or other buildings shall not be erected in or upon any street, highway, or alley without permission of the Engineer. If such permission be granted, it may be upon any reasonable terms prescribed by the person or body granting such permission. 14. SANITARY CONVENIENCES. The Contractor shall furnish the necessary sanitary conveniences, properly secluded, for the laborers on the work, and these shall be maintained in a manner that will be inoffensive to the public. 15. CLEANING UP. The Contractor shall, as directed by the Engineer, remove from the City's property and from all public and private property, at his own expense, all temporary structures, rubbish, and waste materials resulting from his operations before work can be considered completed. The Contractor shall also renew or replace any and all fences, sidewalks, or other property damaged or -- disturbed by his work. 16. OMISSION OF PARTS OF GENERAL SPECIFICATIONS. Parts of the General _ Specifications deemed not to apply to some particular work may be omitted by special reference in other parts of the contract documents. SECTION C -CONTROL OF MATERIALS AND WORK 1. SUPERVISION AND INSPECTION. The Engineer shall have supervision of the construction provided for in this Contract and shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, manner of performance, rate of progress on the work, and all questions regarding the acceptable fulfillment of the terms of the Contract. Materials and construction work shall, at all times, be subject to the inspection of the Engineer or his representatives. The Contractor shall be held strictly to the true intent of these specifications as regards the quality of materials, workmanship, and the diligent prosecution of the work. The Engineer and his representatives shall, at all times, have access to the work wherever it is in preparation of progress, and the Contractor shall provide proper facilities for such access and for inspection. If the specifications, the Engineer's instructions, law ordinances, or any public authority require any work and/or materials to be especially tested or approved, the Contractor shall give the Engineer timely notice of readiness for inspection. If the inspection is to be made by authority other than the Engineer, the Contractor shall notify the engineer of the date fixed for inspection. Inspections by the Engineer will be promptly made and, where practicable, at the source of supply. If any work should be covered up without the approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination at the Contractor's expense. GS-4 BarScreenBldg HeaterRpicm nt-601 84424(113632) Re-examination of questioned work may be ordered by the Engineer, and, if so ordered, the work must be uncovered by the Contractor. If such work be found in accordance with the Contract, the City shall pay the cost of re-examination and replacement. If such work be found not in accordance with the Contract, the Contractor shall pay such cost unless he shall show that the defect in the work was caused by another Contractor, and, in that event, the City shall pay the cost. 2. AUTHORITIES AND DUTIES OF INSPECTORS. Inspectors may be stationed on the work to report to the Engineer as to the progress of the work and the manner in which it is being performed; also, to report whenever it appears that materials furnished and work performed by the Contractor fail to fulfill the requirements of the specifications and Contract, and to direct the attention of the Contractor to such failure or infringement; but such inspection shall not relieve the Contractor from any obligations to furnish acceptable materials or to provide completed construction that is satisfactory in every particular. In case of any dispute arising between the Inspector and the Contractor as to materials furnished or the manner of performing the work, the Inspector shall have the authority to reject materials or suspend the work until the question at issue can be referred to and decided by the Engineer. Inspectors are not authorized to revoke, alter, enlarge, relax, or release any requirements of these specifications. The Inspector shall, in no case, act as foreman or perform other duties for the Contractor, or interfere with the management of the work by the latter. 3. STATUS OF THE ENGINEER. The Engineer shall have general supervision and direction of the work. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. He shall also have authority to reject any work and/or materials which do not conform to the specifications, to direct the application of forces to any portion of the work as, in his judgment, is required, and to order the force increased or diminished, and to decide questions which arise in the execution of the work. 4. ENGINEER'S DECISIONS. The Engineer shall, within a reasonable time, make decisions on all claims of the Contractor and on all other matters relating to the execution and progress of the work or the interpretation of the contract documents. All such decisions of the Engineer shall be final except as to the element of time and financial consideration involved, which, if no agreement in regard thereto is reached, shall be subject to arbitration. 5. STAKES AND INSTRUCTIONS. The Contractor shall provide reasonable and necessary opportunities and facilities for setting stakes and making measurements. The Contractor shall not furnish stakes or men to set them. He shall not proceed until he has received from the Engineer such stakes and instructions as may be necessary to the progress of the work. The Contractor shall carefully preserve bench marks, reference points, and stakes, and in case of willful or careless destruction, he shall be charged with the resulting extra expense and shall be responsible for any mistakes that may be caused, by their loss or disturbance. 6. SUPERINTENDENCE. The Contractor shall keep on his work during its progress a competent superintendent and any necessary assistants, all satisfactory to the Engineer. The Superintendent shall not be changed except with the consent of the Engineer, unless the Superintendent proves to be unsatisfactory to the Contractor and ceases to be in his employ. The Superintendent shall represent the Contractor in his absence, and all directions given to him shall be as binding as if given to the Contractor. Important decisions shall be confirmed in writing to the Contractor. Other directions shall be so confirmed on written request in each case. The Contractor shall give efficient supervision to the work using his best skill and attention. He shall carefully study and compare all drawings, specifications, and other instructions, and shall report at once to the Engineer any error, inconsistency, or omission which he may discover. G S-5 Ba rScree n Bldg HeaterRplcm nt-601 84424(113632) 7. REMOVAL OF UNAUTHORIZED WORK. Work done without lines and grade being give, work done beyond lines shown on the plans or as given, except as herein provided, or any extra or additional work done without authority, will be considered as unauthorized and at the expense of the Contractor and will not be paid for under the provisions of the Contract. Work so done may be ordered _ removed and replaced at the Contractor's expense. 8. REMOVAL OF DEFECTIVE MATERIALS OR WORK. The Contractor shall promptly remove from the premises all materials condemned by the engineer as failing to conform to the Contract; — whether incorporated in the work or not, and the Contractor shall promptly replace and re-execute his own work in accordance with the contract and without expense to the City, and shall bear the expense of making good all work of other Contractors destroyed or damaged by such removal or replacement. _ If the Contractor does not remove such condemned work and materials within a reasonable time, fixed by written notice, the City may remove them and may store the material at the expense of the Contractor. If the Contractor does not pay the expense of such removal within a reasonable time thereafter, the City may, upon ten (10) days' written notice, sell such materials at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs and expense that should have been borne by the Contractor; or, if the net proceeds of such sale are insufficient to pay the expenses of _ removal, the City may deduct the balance from any amounts due the Contractor. 9. MATERIALS, EQUIPMENT, APPLIANCES, AND FACILITIES. Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation, and other facilities necessary for the execution and completion of the work. Materials shall be of the quality specified for each particular part of the work. Whenever, in construction of the work or in the manufacture of any article of appliance necessary for the construction or operation of the work, it is necessary to use any material that is not fully specified in these specifications, it shall be of good quality and shall meet with the approval of the Engineer. Any appliance that is necessary for the construction or operation of the work and is commonly recognized as a part of the work, shall be furnished by the Contractor as part of the work, whether or not it is specifically called for in the plans and specifications, and such appliance shall be of good quality and _ standard make and shall meet with the approval of the Engineer. 10. MATERIAL SAMPLES. Before the contract is awarded, the bidder may be required to furnish a statement of the origin, composition, and manufacture of any and all materials proposed for use in the performance of the Contract, together with samples of the material. These samples will be considered as representative and typical of the material to be obtained from any particular source. 11. CHARACTER OF WORKMEN AND EQUIPMENT. The Contractor shall employ competent and efficient workmen for every kind of work. Any person employed on the work who shall refuse or neglect to obey the directions of the engineer or Inspector, or who shall be deemed incompetent or disorderly, or who shall commit trespass upon public or private property in the vicinity of the work, shall be dismissed when the Engineer so orders, and shall not be re-employed unless express permission be given by the Engineer. The Contractor shall, at all times, enforce discipline and good order among his employees. _ The methods, equipment, and appliances used on the work, and the labor employed, shall be such as will produce a satisfactory quality of work and shall be adequate to complete the contract within the specified time limit. — 12. HIRING CITY EMPLOYEES. The Contractor shall not employ and hire any of the City's employees without the permission of the Engineer. 13. LABOR. Local labor shall be given preferences so far as practicable. GS-6 BarScreenBldgHeaterRplcmnt-60184424(113632) 14. THE CITY'S RIGHT TO DO WORK. If the Contractor should neglect to prosecute the work properly or fail to perform any provision of this Contract, the City of Waterloo, after three (3) days' written notice to the Contractor may, without prejudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor, provided, however, that the Engineer shall approve both such action and the amount charged to the Contractor. SECTION D - PROCEDURE AND PROGRESS 1. ORDER OF COMPLETION - USE OF COMPLETED PORTIONS. The Contractor shall complete any portion or portions of the work in such order or time as the Engineer may require. The City shall have the right to take possession of and use completed or partially completed portion of the work at any time, but such taking possession and use shall not be deemed an acceptance of work so taken or used, or any part thereof. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation or extension of time, or both, as the Engineer may determine. 2. WEATHER. During stormy or inclement weather, all work shall be suspended, except such as can be done in an acceptable manner. Permission to work during freezing, stormy, or inclement weather shall in no way be construed as a release of the Contractor's responsibility regarding the quality of the finished work at such time. 3. SUNDAYS AND LEGAL HOLIDAYS. Except for such work as may be required to properly maintain or protect completed or partially completed construction or to maintain lights and barricades, no work will be permitted on Sundays or legal holidays without specific permission of the Engineer. 4. DELAYS AND EXTENSION OF TIME. If the Contractor be delayed in the completion of the work by an act of neglect of the City, or its employees; or by any other Contractor employed by the City; or by changes ordered in the work; or by strikes, lockouts, fire, unusual delays in transportation, unavoidable casualties, or any cause beyond the Contractor's control; or by delay authorized by the Engineer pending arbitration; or by any cause which the Engineer shall decide justifies the delay, then the time of completion shall be extended for such reasonable time as the Engineer may decide will compensate for such delay. No such extension shall be made for delay occurring more than thirty (30) days before claim therefore is made in writing to the Engineer. In the case of a continuing cause of delay, only one claim is necessary. This article does not exclude the recovery of damages for delay by either party under provisions in the contract documents. 5. TEMPORARY SUSPENSION OF WORK. The Engineer shall have authority to suspend the work, wholly or in part, for such period or periods of time as he may deem necessary, due to unsuitable weather or such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time as is necessary due to the failure to the Contractor to carry out orders given or to perform any or all provisions of the Contract. 6. NOTICES - HOW SERVED. Any notice to be given by the City to the Contractor under this contract shall be deemed to be served if the same be delivered to the man in charge of any office used by the Contractor or his foreman or agent at or near the work, or deposited in the post office, postpaid, addressed to the Contractor at his last known place of business. GS-7 BarScreenBldg HeaterRplcm nt-60184424(11 36 32) 7. PROGRESS OF WORK. The progress of the work shall be such that, at the expiration of one-fourth (1/4)of the contract period, one-eighth (1/8) of the work shall be completed; at the expiration of one-half (1/2) of the contract period, three-eighths (3/8) of the work shall be completed; at the expiration of three-fourths (3/4) of the contract period, the work shall be three-fourths (3/4) completed, and the _ whole work shall be completed at the expiration of the contract period. If, at any time the above schedule is not being maintained, the Council may give written notice to the Contractor and his sureties that the specifications are not being complied with. Such notice shall —' state what action on the part of the Contractor is required to bring the work within the requirements of the specifications. If the Contractor fails, within ten (10) days, to proceed as directed in the said notice, then the Council shall have authority to annul this contract without process or action at law and take over the _ prosecution and completion of the work, as provided under the article covering City's right to terminate contract. 8. CITY'S RIGHT TO TERMINATE CONTRACT. If the Contractor should be adjudged a bankrupt; or if he should make a general assignment for the benefit of this creditor; or if a Receiver should be appointed on account of his insolvency; or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough skilled workmen or proper _ materials; or if he should fail to make prompt payment to Subcontractors or for materials or labor; or if he should persistently disregard laws, ordinances, or the instructions of the Engineer; or if he should otherwise be guilty of a substantial violation of any provision of the contract, then the City, upon the certificate of the Engineer that sufficient cause exists to justify such action, may, without prejudice to any — other rights or remedy, and after giving the Contractor seven (7) days' written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances thereon and finish the work by whatever method he may deem expedient. In such cases, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expenses of finishing the work, including compensation for additional managerial and administration services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the City. The expense incurred by the City as herein provided and the damage incurred through the Contractor's default shall be certified by the Engineer. _ 9. REMOVAL OF EQUIPMENT. In the case of annulment of this contract before completion, from any cause whatsoever, the Contractor, if notified to do so by the City; shall promptly remove any part or all of his equipment and supplies from the property of the City, failing which, the City shall have the right to remove such equipment and supplies at the expense of the Contractor. SECTION E - MEASUREMENTS AND PAYMENT 1. STANDARD OF MEASUREMENT. All work completed under the contract shall be measured by the Engineer according to the United States standard measures. 2. SCOPE OF PAYMENTS. The Engineer's measurements of quantities shall be the basis for final payment for the work performed under this Contract. After the work is completed, the Engineer will make measurements and computations of the number of units of each of the various items of work completed, and the Contractor will be paid for the actual amount of work performed at the rates specified in his Proposal. Before final settlement is made, the Council may require the Contractor to submit a list of all persons furnishing labor or materials, with evidence that such persons have been paid in full. Payment shall be made in the manner set forth in official publications and Council Proceedings relative thereto. G S-8 BarScreenBldg HeaterRplcm nt-601 84424(113632) 3. PAYMENT FOR EXTRA WORK. Such extra work as may have been ordered by the Engineer and performed by the Contractor shall be compensated for as provided herein. If work is to be done or materials are to be furnished by the Contractor which cannot properly be classified under unit prices included in the Proposal, the Contractor shall be paid therefore the actual reasonable cost of the labor and materials entering permanently in such work, plus fifteen percent (15%) of the cost thereof. In computing the labor cost on such extra work, the following items shall be included: (a) Actual payroll expenditures for labor at the current rate therefore, and cost of materials. (b) Pay of foreman and timekeepers for actual time required on the extra work. (c) Liability insurance, prorated, for the extra work. Labor cost items on extra work shall be furnished in duplicate by the Contractor to the Inspector daily. The Inspector shall check the items, and if he finds them to be correct, he shall so certify on the statement of cost, returning one copy to the Contractor and filing one copy with the Engineer. The Engineer shall determine the cost of materials entering into extra work from the materials and receipted freight bills for the same. For any special machine, power tools, or equipment, including fuel and lubricants, but not including small hand tools, which may be deemed necessary or desirable to use, the Contractor shall be allowed a reasonable rental thereon, to be agreed upon in writing by the Engineer before such work is begun, and to which sum no percentage is to be added. The item of cost shall not include repairs or replacement of equipment or overhead expenses of any character. The fifteen percent (15%) allowed is considered to cover the use of hand tools and all overhead expenses except liability insurance. In no case will a claim for extra compensation be allowed unless the work upon which the claim is based has been ordered in writing, except as provided hereinafter. 4. CLAIMS FOR EXTRA COST. If the Contractor claims that any instructions, by drawings or otherwise, involved extra cost under this contract, he shall give the Engineer written notice thereof within ten (10)days after completion of the work. No such claim shall be valid unless so made. 5. CLAIMS FOR EXTRA COMPENSATION. If the Contractor deems that extra compensation is due him for work and/or materials that he considered is not clearly covered in the items for which he submitted unit prices in his bid and that were not ordered in writing by the Engineer as an extra s heretofore provided, the Contractor shall notify the Engineer, in writing, of his intention to make claim for extra compensation for work and/or material before starting construction. If such written notification is not given or the Engineer is not afforded proper facilities by the Contractor for keeping strict account of actual cost as defined herein, then the Contractor hereby agrees to waive the claim for extra compensation. Such notice to the engineer and the fact that the Engineer has kept account of cost as aforesaid, shall not in any way be construed as proving the validity of the claim, which must be passed upon by the Council. In the event that the Council finds the claim to be just, it shall be allowed and paid for as extra work as provided herein. GS-9 BarScreenBldgHeaterRplcmnt-60184424(113632) 6. COMPLETION REPORT AND OBJECTIONS THERETO. Within ten (10) days after the full completion of the work to be done under this contract, the Engineer shall make a written statement of all the work done by the Contractor hereunder, stating the quantity of each item as found by him and including a statement of all credits for extra work and all credits or debits for changes, alterations, _ omissions, and defects, and shall forthwith deliver a copy of such statement to the Contractor. The Contractor shall compare such statement with his own records and shall then, in writing, either approve such statement or point out any claimed errors or omissions. If any of such claims are found correct, the Engineer shall, within ten (10) days, prepare a new statement, a copy of which shall in like manner be — delivered unto the Contractor. The Engineer will not file a formal completion report with the City until the Contractor has approved the same. If the figures of the Engineer and the Contractor cannot be reconciled, or there is a difference of opinion regarding some item or items, then such difference of opinion shall be submitted to arbitration as hereinafter provided, and the decision of the arbitrator or arbitrators shall be final, and the Engineer shall, within a period of five(5)days, file his completion report. —' Before action by the City Council upon such completion report, the Contractor shall also file a written statement of any claims he may have against the City, other than those shown by such completion _ report, growing out of this contract or the work done hereunder. The City shall retain ten percent(10%) of the amount due the Contractor on the completion report for a period of thirty (30) days. If no claims are filed against the Contractor within thirty (30) days, the final ten percent (10%) shall then be paid to the Contractor. — 7. WAIVER. By the execution of this contract ,the Contractor agrees that any objections he may have to the statement of the amount of work done hereunder included by the Engineer in this _ completion report, and any claims of the Contractor against the City growing out of this contract and the work done hereunder which are not stated in writing in the manner and within the time provided in Article 6, Section E hereof, shall be waived, and no such claim shall thereafter be asserted against the City. SECTION F - LEGAL RELATIONS AND RESPONSIBILITIES 1. LAWS RELATING TO WORK, The Contractor is presumed to be familiar with all laws, ordinances, and regulations which may, in any manner, affect those engaged or employed upon the work or the materials or equipment used in or upon the work, and shall conduct the work so as not to conflict with such laws, ordinances, and regulations. 2. PROTECTION OF WORK AND PROPERTY. The Contractor for any part of the improvement shall be held responsible for the care of materials and of partially completed and completed _ work until final acceptance of the same by the Council. He will be required to make good at his own expense any damage which the work may sustain from any cause prior to the filing of the engineer's certificate of completion. He shall take all risk from floods and casualties of every description and make no charge for delay due to such cause. He may, however, be allowed a reasonable extension of time on account of such delays. He shall correct or make good at his own expense all damages to adjacent property due to the acts or negligence of his employees of the prosecution of his work, and save the City harmless therefore. _ The Contractor shall be held liable and responsible for all damages done to water, sewer, drain, or other underground pipes and structures, and to sidewalks and private property. 3. RESPONSIBILITY FOR ACCIDENTS. The Contractor shall assume full responsibility for all damages sustained by persons or property due to the carrying on of his work until final acceptance thereof, or until released by the Engineer in writing. _ GS-10 BarScreenBldg HeaterRplcm nt-601 84424(113632) 4. LIABILITY INSURANCE. The Contractor shall carry liability insurance which shall save the City harmless and protect the public and any person from injury sustained by the reason of the prosecution of the work or the handling or storing of materials therefore, and said Contractor shall also carry liability insurance which shall meet the requirements of the Iowa Worker's Compensation Law. Before work shall be started on this contract, the Contractor shall furnish the City Clerk with proper affidavit or Affidavits executed by representatives of duly qualified insurance companies, evidencing that said insurance company or companies have issued liability insurance policies, effective during the life of the contract, or for a period of a least ten (10) days following the filing of written notice of cancellation, protecting the public and any person from injuries or damages sustained by reason of carrying on the work involved in the Contract. The affidavit shall specifically evidence the following forms of insurance protection: (a) Public liability insurance covering all operations performed by persons directly employed by the Contractor. (b) Public liability insurance covering all operations performed by any Subcontractor to whom a portion of the work may have been assigned. (c) Public liability insurance covering all work upon the project performed by any independent Contractor working under the direction of either the principal Contractor or a Subcontractor. (d) Motor vehicle bodily injury liability insurance and property damage liability insurance on all motor vehicles employed on the work, whether owned by the Contractor or by other persons, firms, or corporations. (e) The minimum protection shall be as follows: Comprehensive General Liability Insurance General Aggregate Limit $ 5,000,000.00 Products—Completed Operations Aggregate Limit $ 5,000,000.00 Each Occurrence Limit $ 5,000,000.00 Comprehensive Automobile Liability Insurance $ 1,000,000.00 The Contractor shall have the Owner, City of Waterloo, Iowa, and Engineer, AECOM, named as an "Additional Named Insured". A certificate, or a policy if requested, shall be filed with the Owner. All certificates and/or policies of insurance furnished by the Contractor to be filed with the City Clerk shall include the name and address of the agency issuing the same. It shall also be required that the City Clerk be notified by registered mail of the cancellation or expiration of the above insurance. 5. BARRICADES AND SIGNS. The Contractor shall, at his own expense and without further or other order, provide, erect, and maintain, at all times during the progress and suspension of the work and until completion and final acceptance thereof, suitable and requisite barricades, signs, or other adequate protection, as required by the latest edition of the "Iowa Manual on Uniform Traffic Control Devices for Streets and Highways" and shall provide, keep, and maintain such barricades, signs, etc., as may be required or as may be ordered by the City Engineer, to insure the safety of the public as well as those engaged on the work. All barricading plans shall be approved by the City Engineer. GS-11 BarScreen Bldg HeaterRplcmnt-60184424(113632) 6. ROYALTIES AND PATENTS. The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the City harmless from loss on account thereof, except that the City shall be responsible for all such loss when a particular process or the product of a particular manufacturer is specified. 7. PERMITS AND REGULATIONS. Permits and licenses of a temporary nature for the prosecution of the work shall be secured and paid for by the Contractor. Permits, license, and easements for permanent changes in existing facilities shall be secured and paid for by the City. 8. CLAIMS FOR DAMAGES. Any claim for damages arising under this Contract shall be made in writing to the party liable within a reasonable time of the first observance of such damage and no later than the time of final payment, except as expressly stipulated otherwise in the case of faulty work or materials, and shall be adjusted by agreement or arbitration. The Contractor shall be held for the payment of all just claims against him arising out of the prosecution of this contract, and his bond will not be released until such claims are paid for dismissed. 9. ASSIGNMENT OF CONTRACT. The Contractor shall not sell or assign the contract or _ sublet any portion of the work provided for therein without the written consent of the City Council. 10. SUBCONTRACTORS. The Contractor shall, as soon as practicable after the signature of the contract, notify the Engineer in writing of the names of the Subcontractors proposed for the work and shall not employ any that the Engineer may, within a reasonable time, object to as incompetent or unfit. The Contractor agrees that he is as fully responsible to the City for the acts and omission of his Subcontractors and of persons either directly or indirectly employed by them as he is for the acts and omissions of persons directly employed by him. Nothing contained in the contract documents shall create any contractual relation between any Subcontractor and the City. 11. ARBITRATION. All questions subject to arbitration under this Contract shall be submitted to arbitration at the choice of either party to the dispute. The Contractor shall not cause a delay of the work during any arbitration proceedings, except by agreement with the Engineer. The demand for arbitration shall be filed in writing with the Engineer, in the case of an appeal from his decision, within ten (10) days of its receipt, and in any other case, within a reasonable time after cause thereof, and in no case later than the time of final payment, except as otherwise expressly stipulated in the contract. If the Engineer fails to make a decision within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against the part appealing. No one shall be nominated or act as an arbitrator who is in any way financially interested in the contract or in the business affairs of either the City or the Contractor. The general procedure shall conform to the laws of the State of Iowa. Unless otherwise provided by such laws, the parties may agree upon one arbitrator; otherwise, there shall be three--one named in writing by each party to this contract to the other party, and the third chosen by these two arbitrators, or, if they fail to select a third within ten (10) days, then he shall be chosen by the Comptroller of the State of Iowa. Should either party refuse or neglect to supply the arbitrators with any papers or information demanded in writing, the arbitrators are empowered by both parties to proceed ex parte. GS-12 BarScreenBldgHeaterRplcmnt-60184424(113632) If there be one arbitrator, his decision shall be binding; if three, the decision of any two shall be binding. Such decision shall be a condition precedent to any right of legal action, and, wherever permitted by law, it may be filed in Court to carry it into effect. The arbitrators, if they deem that the case demands it, are authorized to award to the party whose contention is sustained such sums as they shall deem proper for the time, expense, and trouble incident to the appeal, and, if the appeal was taken without reasonable cause, damages for delay, the arbitrators shall fix their own compensation unless otherwise provided by agreement, and shall assess the costs and charges of the arbitration upon either or both parties. The award of the arbitrators must be in writing, and it shall not be open to objections on account of the form of proceeding or the award, unless otherwise provided by the laws of Iowa. In the event of such laws providing on any matter covered by this article otherwise than as hereinbefore specified, the method of procedure throughout and the legal effect of the award shall be wholly in accordance with the laws of the State of Iowa, it being intended hereby to lay down a principle of action to be followed, leaving its local application to be adopted to the legal requirements of the place in which the work is to be done. 12. PERFORMANCE AND PAYMENT BONDS. The Contractor shall, at the time of execution and delivery of this contract and before the taking effect of same, furnish and deliver to the City written bonds of indemnity to the amount required by law in form and substance, and with surety thereon satisfactory and acceptable to the City, to insure the faithful performance and payment by the Contractor of all the covenants and agreements on the part of the Contractor contained in this contract. These bonds shall remain in force and effect for the full amount of the Contract. 13. PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the provisions of the Contract or in exercising any power or authority granted him thereby, there shall be no liability upon the Engineer or his authorized assistants, either personally or as an official of the City, it being understood that in such matters he acts as the agent and representative of the City. 14. JURISDICTION. Any action in Court against the Contractor or sureties on his bond because of damages to property or individuals by said Contractor or his workmen, or because of the violation of any provisions of the specifications, or on account of the failure of said Contractor to comply fully with these provisions, shall be brought in the District Court of the State of Iowa in and for Black Hawk County. 15. TERMINATION OF RESPONSIBILITY. The Contract shall be considered as completed and the Contractor released from further obligations except as to the requirements of his bond, after the work has been completed and finally accepted and final estimates have been allowed and the completion report of the engineer has been filed and approved by the Council. 16. CITY'S LEGAL RIGHTS. The City shall not be precluded by any measurements, estimate, or certificate made, either before or after the completion and acceptance of the work and _ payment therefore, from showing the true amount and character of the work performed and materials furnished by the Contractor, or from showing that any such measurement, estimate, or certificate is untrue or incorrectly made, or the work or materials do not, in fact, conform to the Contract. GS-13 BarScreenBldgHeaterRplcmnt-60184424(113632) The City shall not be precluded, notwithstanding any such measurements, estimate, or certificate and payment in accordance therewith, from recovering from the Contractor and his surety such damages as it may sustain by reason of his failure to comply with the terms of the Contract. Neither the acceptance by the City or any of its representatives, nor any payment for or acceptance of the whole or any part of _ the work, nor any extension of time, nor any possession taken by the City, shall operate as a waiver on any portion of the contract or of any power herein reserved, or any right to damages herein provided. A waiver of any breach of the contract shall not be held to be a waiver of any other or subsequent breach. ** END OF SECTION *" " GS-14 BarScreen6ldgHeaterRplcmnt-60184424(113632) SUPPLEMENTAL GENERAL SPECIFICATIONS FOR CONSTRUCTION 1. SUBCONTRACTS The contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to require compliance by each subcontractor with the applicable provisions of the contract for the improvements embraced in this contract. 2. REVIEW BY THE CITY OF WATERLOO The City of Waterloo, its authorized representatives and agents, shall at all times have access to and be permitted to observe and review all work, materials, equipment, payrolls, personnel records, employment conditions, material invoices, and other relevant data and records pertaining to this contract, provided, however, that all instructions and approval with respect to the work will be given to the contractor only by the City of Waterloo through its authorized representative or agents. 3. INSPECTION a. The contractor shall furnish promptly all materials reasonably necessary for any tests which may be required. All tests by the City of Waterloo will be performed in such manner as not to delay the work unnecessarily and will be made in accordance with the provisions of the Technical Specifications. b. Inspection of materials and appurtenances to be incorporated in the improvements embraced in this contract may be made at the place of production, manufacture or shipment, whenever the quantity justifies it, and such inspection and acceptance, unless otherwise stated in the Technical Specifications, shall be final, except as regards (1) latent defects, (2) departures from specific requirements of the contract, (3) damage or loss in transit, or (4) fraud or such gross mistakes as amount to fraud. Subject to the requirements contained in the preceding sentence, the inspection of materials as a whole or in part will be made at the project site. 4. WARRANTY OF TITLE No material, supplies, or equipment to be installed or furnished under this contract shall be purchased subject to any chattel mortgage or under a conditional sale, lease-purchase or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. The contractor shall warrant good title to all materials, supplies, and equipment installed or incorporated in the work and upon completion of all work, shall deliver the same together with all improvements and appurtenances constructed or placed thereon by him to the City of Waterloo free from any claims, liens, or charges. Neither the contractor nor any person, firm, or corporation furnishing any material or labor for any work covered by this contract shall have any right to a lien upon any improvement or appurtenance thereon. Nothing contained in this paragraph, however, shall defeat or impair the right of persons furnishing materials or labor to recover under any bond given by the contractor for their protection or any rights under any law permitting such persons to look to funds due the contractor in the hands of the City of Waterloo. The provisions of this paragraph shall be inserted in all subcontracts and material contracts and notice of its provisions shall be given to all persons furnishing materials for the work when no formal contract is entered into for such materials. *** END OF SECTION *' SGS-1 BarScreenBldgHeaterRplcmnt-60^84424(113632) FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF F.Y.2013 _ WPCF BAR SCREEN HEATER REPLACEMENT CITY CONTRACT NO. 839 CITY OF WATERLOO, IOWA This contract made and entered into this day of 2012, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as(City), and of (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 Contractor agrees to build and construct the F.Y. 2013 WPCF BAR SCREEN HEATER — REPLACEMENT. CITY CONTRACT NO. 839, and furnish all necessary tools, equipment, materials, and labor necessary to do all the work called for in the plans and specifications in a workmanshiplike manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. PAR. 2 It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. PAR. 3 The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. PAR. 4 The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. PAR. 5 The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed"and complete it on or before November 30, 2012 , unless an extension of time is granted in writing by the Council of the City. PAR. 6 Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefore promptly by the date herein specified, the City may pay such additional sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. C-1 Ba rScreenBldg HeaterRplcmnt-60184424(113632) PAR. 7 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. PAR. 8 The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly.The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. PAR. 9 The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. PAR. 10 Any material, which has been rejected by the construction reviewer, shall be at once removed from the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the City Engineer. — PAR. 11 The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. PAR. 12 The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. PAR. 13 The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council, and is by reference made a part of this contract. PAR. 14 The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty(30)consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10)days after a notice to continue or carry it on has been mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or — C-2 BarScreenBldgHeaterRplcmnt-60184424(113632) to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. PAR. 15 In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the City. PAR. 16 The total amount of the contract, based on the Engineer's estimates of quantities and the Contractor's unit bid prices, and for which 100% surety bond is required is $ PAR. 17 After the completion of said work, the Contractor agrees to remove all debris and clean up said streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. PAR. 18 This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. -- PAR. 19 Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. PAR. 20 The Contractor shall maintain all work done hereunder in good order for the period of two (2) years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2) years from the date of its acceptance by said Council, and after having been given ten (10) days notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the City may proceed to remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. C-3 BarScreenBldgHeaterRplcmnt-60184424(113632) PAR. 21 The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four (4) and not less than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three (3) months _ after such notice has been given to the City, and, in any event, until two (2) years after the acceptance of the work. CITY OF WATERLOO, IOWA Mayor City Clerk Contractor BY: Title: Approved by the City Council of the City of Waterloo, Iowa, this day of , 2012. _ ATTEST: City Clerk —' Waterloo, Iowa C-4 BarScreen Bldg HeaterRplcmnt-60184424(113632) PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, of (hereinafter called the Principal), and of (hereinafter called the Surety), are held and firmly bound unto the City of Waterloo (hereinafter called the Obligee), in the penal sum of Dollars($ ), lawful money of the United States, to payment of which sum, well and truly to be made, the Principal here firmly binds himself/themselves, his/their heirs, executors, and administrators, and the said Surety binds himself, his successors, assigns, executors, and administrators, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, —' WHEREAS the above bounden Principal did, on the day of 2012, enter into a written contract with the City of Waterloo, Iowa, for the construction of F.Y. 2013 WPCF BAR SCREEN HEATER REPLACEMENT, CITY CONTRACT NO. 839, a copy of which contract, together with all of its terms, covenants, conditions, and stipulations, is incorporated herein and made a part hereof as full and completely as if said contract were recited at length herein; and WHEREAS, the Principal and Surety on this bond hereby agree to pay to all persons, firms or corporations having contracts directly with the Principal or with subcontractors, all just claims due them for labor performed or materials furnished in the performance of the contract on account of which bond is given when the same are not satisfied out of the portion of the contract price which the public corporation is required to retain until completion of the public improvement, but the Principal and Surety shall not be liable to said persons, firms, or corporation unless the claims of said claimants against said portion of the contract price shall have been established as provided by law. Now, if the Principal shall in all respects fulfill his said contract according to the terms and tenor thereof, and shall satisfy all claims and demands incurred for the same, and shall fully indemnify and save harmless the Obligee from all costs and damages which it may suffer by reason of failure to do so, and shall fully reimburse and repay the Obligee all outlays and expenses which it may incur in making good any such default, then the obligation is to be void and of no effect, otherwise to remain in full force and effect. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent without notice: 1. To any extension of time to the contract in which to perform the contract. 2. To any change in the plans, specifications, or contract when such change does not involve an increase of more than twenty percent(20%) of the total contract price, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. PFB-1 BarScreen Bldg HeaterRplcm nt-601 84424(113632) IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 2012. Principal By: Surety Attorney-in-Fact PFB-2 BarScreenBldgHeaterRplcmnt-60184424(113632) PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that (Name of Contractor) (Address of Contractor) a hereinafter called Principal, (Corporation, Partnership or Individual) and (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto CITY OF WATERLOO. IOWA _ (Name of Owner) 715 MULBERRY STREET WATERLOO IOWA 50703 (Address of Owner) hereinafter called OWNER, in the penal sum of in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of 2012, a copy of which is hereto attached and made a part hereof for the construction of: F.Y. 2013 WPCF BAR SCREEN HEATER REPLACEMENT CITY CONTRACT NO. 839 NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PB-1 BarScreen Bldg HeaterRplcm nt-60184424(11 36 32) Non-Federal PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no '- change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in counterparts, each one of (number) which shall be deemed an original, this the day of 2012. ATTEST: Principal (Principal)Secretary (SEAL) By (s) (Address) Witness as to Principal (Address) Surety ATTEST: By Attorney-in-Fact Witness as to Surety (Address) (Address) NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. P13-2 BarScreenBldgHeaterRplcmnt-60184424(113632) Non-Federal w ti i I � SCOPE OF WORK y U ( o t. REMOVE AND DISPOSE OF EXISTING HASTINGS INDIRECT FIRED MAKE-UP AIR I Io ROOF CURB OPENING AND STRUCTURAL SUPPORT TO REMAIN. 2. EXISTING NATURAL GAS RISER THROUGH ROOF TO REMAIN. DOWNSTREAM DI FOUR DUCT FURNACES TO BE REMOVED. 3. ELECTRICAL SERVICE TO MAU TO REMAIN- TRANS FURNISH AND INSTALL NEW DIRECT-FIRED MAKE-UP AIR UNIT. NEW 11-MA It-MAU-i TRANSITION DUCT FROM 32"x32" Tp I i ROBERTS-CORDON COMBAT MODEL DF-270. RATED FOR 12,000 CFM AT 2.9 58"xt8" BTU/HR INPUT ON NATURAL GAS AT 14"W.C. BLOWER MOTOR SHALL BE PHASE, CONSTANT SPEED, TEFC AND PREMIUM EFFICIENCY. UNIT SHALL Bf SOLID 28"xt8" CURB z OUTDOOR INSTALLATION AND SHALL INCLUDE MOTORIZED DISCHARGE DAMPER I CAP (ttP OF 2) i t" PERMANENT FILTERS. BURNER CONTROL PANEL AND GAS CONNECTION 5 I AS SHOWN ON THE DRAWINGS. (VENDOR CONTACT: ACCESS INC. 920-729-- .� -- _ STRUCTURAL SUPPORT 5. FURNISH AND INSTALL MANUFACTURERS STANDARD CONTROL PACKAGE FOR - STEEL. SEE STRUCTURAL CONTROL BASED ON DISCHARGE TEMPERATURE, WITH LOW SPACE TEMPERATE - -- --- .____FRAMING'PLAN I REMOTE CONTROL PANEL TO BE MOUNTED IN UNCLASSIFIED ELECTRICAL ROC- TEMPERATURE OVERRIDE STAT TO BE RATED FOR CLASS 1, DIVISION 1 ENVII - - STARTUP PURGE CONTROL TO OPERATE BLOWER FOR 0 TO 5 MINUTES (FIEL ALLOWING BURNER TO ENGAGE. PROVIDE OUTDOOR AIR THERMOSTAT TO DI? WHENEVER AMBIENT TEMPERATURE RISES ABOVE 55 DEGREES F (FIELD ADJL 6. CONTRACTOR TO VERIFY THAT EXISTING WIRING AND BREAKER ARE AOAQUAT A BLOWER (EXISTING UNIT IS 7.5 HP). PROVIDE NEW NEMA 4X DISCONNECT 8' POWER AND CONTROL WIRING AND CONDUIT WHERE FEASIBLE. - Z 1 7. CONTRACTOR TO FABRICATE TRANSITION DISCHARGE DUCT OF 14 GAUGE ALIT o'er 17 SEAMS. PROVIDE HIGH TEMPERATURE FLEXIBLE DUCT CONNECTOR WHERE It I H 1 8. REPIPE GAS SERVICE TO MAU INPUT AND PROVIDE NEW GAS SHUTOFF VALN I o c o 9. CONTRACTOR TO FABRICATE NEW STEEL SUPPORT STRUCTURE AS SHOWN. 1 LBS. GENERAL NOTES Q R SECTj 1. FIELD VERIFY PERTINENT EXISTING CONDITIONS AND DIMENSIONS BEFORE Si AND/OR FABRICATION. 2. STRUCTURAL STEEL SHAPES: AIR INTAKE HOOD 4 .� ry A. W SHAPES - ASTM A992, 50 W/PERMANENT FILTER Y O B. C AND L SHAPES ASTM A36 N 3_ COAT ALL STRUCTURAL STEEL SHAPES WITH 2 COAT SHERWIN-WILUAMS MA F 5.0-10.0 MILS DFT/COAT. SURFACE PREP STEEL BEFORE COATING PER SS N TOOL/POWER TOOL CLEANING). COLOR GREY. o 4. PATCH EXISTING ROOFING AT NEW UNIT TO MATCH EXISTING AS REQUIRED. 1 nj 5. REMOVE EXISTING GALVANIZED SHEET METAL CAP AND FLASHING UNDER EX STRUCTURAL SUPPORT > O O REPLACE WITH NEW 24 CA GALVANIZED SHEET METAL TO MATCH EXISTING. STEEL. SEE STRUCTURAL m FRAMING PLAN O 0 ..., \ 2 ai `HIGH TEMPERATURE E FLEXIBLE DUCT 3 CONNECTOR Y a o, > B U 8 - z FIELD 1/ER`F� U I ti C_t_2X2C.7 C7-2X OEXISTING ROOF OPENING. O FIELD VERIFY DIMENSIONS Z cl- AND LOCATION "'1 W �W Z a Q_J _O F- x `03 W ocCL O U F Q � tz 3 Z ti � � O O Q f J 1 Q mad d O 7 ci2X20.7 Z U U. of LJLu O o v; O z 'I < 03 'NOTE: CONTRACTOR TO COORI DATE SUPPORT BEAM LOCATI SEPT, 2011 Y SUPPLIED, PROJECT NO RMCO MET _ FILENAME 60184375STRUCTURALFRA — oofl FILE NO q, SHEET NO �i SCALE DRAWING NO 11-SH-2A