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Contract-Bond_Colonial Painting_Washington Park Gazebo Copyrighted July 16, 2018 City of Dubuque Consent Items # 21. ITEM TITLE: Improvement Contracts / Performance, Payment and Maintenance Bonds SUMMARY: Colonial Painting & Decorating for the Washington Park Gazebo Painting Project; Drew Cook& Sons Excavating Co., Inc. for the John F. Kennedy Rd. Concrete Panel Replacement Project and the Dubuque Skate Park; Game Time/Cunningham Recreation for the Creek Wood Park Playground. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type Colonial Painting and Decorating Contract and Bond Supporting Documentation Drew Cook& Sons Contract-Bond for Skate Park Supporting Documentation Drew Cook& Sons Contract-Bond for JFK Rd. Panel Supporting Documentation Replacement Game Tme/Cunningham Recreation Contract-Bond for Supporting Documentation Creek Wood Park Play Ground SECTION 00500 Page 1 of 4 PUBLIC IMPROVEMENT CONTRACT SECTION 00500 WASHINGTON PARK GAZEBO PAINTING PROJECT THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references � �,� � �`��'�� purposes the „e �: �day of ��, 20 �� between the City of Dubuque, lowa, by its City Manager, through authority conferred u�on the City Manager by its City Council (City), and �tt�€��-�� (Contractor). l'olsw�a� �'.4.fi.�-�A��ar�.�,'..��c. For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: CONTRACTOR AGREES: 1. To furnish all material and equipment and to perform all labor necessary for the WASHINGTON PARK GAZEBO PAINTING PROJECT (Project). 2. CONTRACT DOCUMENTS A. The Contract Documents consist of the following: 1. Project Title Page (Section 001 OOj. 2. Project Directory Page (Section 00101). 3. This Public Improvement Contract (Section 00500). 4. Performance, Payment, and Maintenance Bond (Section 00600). 5. The lowa Statewide Urban Design And Specifications (SUDAS) 2017 Edition. 6. CITY OF DUBUQUE Supplemental Specifications 2017 Edition. 7. Other Standard and Supplementary Specifications as listed on the Title Page of the Contract Document Manual. 8. Special Provisions included in the project Contract Document ManuaL 9. Drawings -Sheet No. through No. (00 pages) or drawings consisting of sheets bearing the following general title: _fVot Applicable 10.Addenda (numbers _to_ , inclusive). 11. Insurance Provisions and Requirements (Section 00700). 12. Sales Tax Exemption Certificate (Section 00750). 13. Construction Schedule and Agreed Cost of Delay (Section 00800). 14.Consent Decree (Section 01000). � � ��- �- ��'��r��• 15 �� =�.: �� , � _��x- ��:� 16.Exhibits to this Contract (enumerated as follows): �� " � �� i �� , b. Bidder Status Form (Section 00460). c. Contractor Background Information Form (Section 00471) �I SECTION 00500 Page 2 of 4 17.The following which may be delivered or issued on or after the Effective Date of the Agreement: a. Notice to Proceed (Section 00850). b. Project Certification Page (Section 00102). c. Change Orders (Not attached to this agreement). There are no other Contract Documents. The Contract-Documents may only be amended, modified, or supplemented as provided in General Conditions. � , , ;. � � � >. .w 3. All materials�used �by the Con�tractor in �he ProjectAmust be of the quality required by the Contract Documents and must be installed in accordance with the Contract Documents. � 4. The Contractor must remove any materials rejected by the City as defective or improper, or � any of said work condemned as unsuitable or defective, and the same must be replaced or redone to the satisfaction of the City at the sole cost and expense of the Contractor. 5. Five percent (5%) of the Contract price will be retained by the City for a period of thirty (30) � days after final completion and acceptance of the Project by the City Council to pay any claim � by any party that may be filed for labor and materials done and furnished in connection with the performance of this Contract and for a longer period if such claims are not adjusted within that thirty (30) day period, as provided in lowa Code Chapter 573 or lowa Code Chapter 26. The City will also retain additional sums to protect itself against any claim that has been filed � against it for damages to persons orproperty arising through the prosecution of the work and '� such sums will be held by the City until such claims have been settled, adjudicated or � otherwise disposed of. 6. The Contractor has read and understands the Contract Documents herein referred to and � agrees not to plead misunderstanding or deception related to estimates of quantity, character, location or other conditions for the Project. I 7. In addition to any warranty provided for in the specifications, the Contractor must also fix any � other defect in any part of the Project, even if the Project has been accepted and fully paid for by the City. The Contractor's maintenance bond will be security for a period of two years after the issuance of the Certificate of Substantial Completion. 8. The Contractor must fully complete the Project under this Contract on or before the date indicated in the Construction Schedule and Agreed Cost of Delay Section of the Contract Documents. 9. INDEMNIFICATION FROM THIRD PARTY CLAIMS. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its officers and employees, from and against all claims, damages, losses and expenses claimed by third parties, but not including any claims, damages, losses or expenses of the parties to this Contract, including but not limited to attorneys'fees, arising out of or resulting from perFormance of this Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property, including loss of use resulting there i from, but only to the extent caused in whole or in part by negligent acts or omissions of Contractor, or anyone directly or indirectly employed by Contractor or anyone for whose acts Contractor may be liable, regardless of whether or not such claim, damage, loss or expense � is caused in part by a party indemnified hereunder. ''� 10. The Contractor hereby represents and guarantees that it has not, nor has any other person '� � for or in its behalf, directly or indirectly, entered into any arrangement or Contract with any � SECTION 00500 Page 4 of 4 � THE CITY AGREES: 14. Upon the completion of the Contract, and the acceptance of the Project by the City Council, � and subject to the requirements of law, the City agrees to pay the Contractor as full � compensation for the complete performance of this Contract, the amount determined for the total work completed at the price(s) stated in the Contractor's Bid Proposal and less any Agreed Cost of Delay provided for in the Contract Documents. � CONTRACT AMOUNT $ � ��.« �`�� f CITY OF DUBUQUE, IOWA: � �°�' �'"�-�a�,�, ��'/� i Department � � gy; a{ Signature I _ �� /� �,� _ __ ' /i°"�.�°"d�,c�� 4,_.• _ 4'�.9,✓ s��`��',� _ _ .— __ _ I; Printed Name � � f� ��'��"�.. li Title ,1�� j ��l i Date � I� I CONTRACTOR: � �-- �.-1 ` ;��'� J�,.�.� � ,,��'" �ir �-, ,.�—�: � � ,, Contra tor _ - �' BY: � � � ignature � �� ,,�.��✓��,�.��"� �'�.�.�s��"" , Tit� _��-f�`. [�ate � ___= END OF SECTION 00500 =___ 3 l i i SECTION 00500 Page 3 of 4 other Bidder, or with any public officer, whereby it has paid or is to pay any other Bidder or public officer any sum of money or anything of value whatever in order to obtain this Contract; and it has not, nor has another person for or in its behalf directly or indirectly, entered into � any Contractor arrangement with any other person, firm, corporation or association which i tends to or does lessen or destroy free competition in the award of this Contract and agrees � that in case it hereafter be established that such representations or guarantees, or any of jl them are false, it will forfeit and pay not less than ten percent (10%) of the Contract price but � in no event less than $2,000.00 (Two Thousand Dollars) to the City. I� i 11. The surety on the Bond furnished for this Contract must, in addition to all other provisions, ` be obligated to the extent provided for by lowa Code 573.6 relating to this Contract, which � � provisions apply to said Bond. 12. The Contractor agrees, and its Bond is surety therefore, that after the Certificate of Final � Completion has been issued by the City, it will keep and maintain the Project in good repair �� for a period of two (2) years. ,II� 13. The Projectmust be constructed in strict accordance with the requirements of the laws of the I� State of lowa, and the United States, and ordinances of the City of Dubuque, and in 'i accordance with the Contract Documents. � A. All applicable standards, orders, or regulations issued pursuant to the Clean Air Act of ;{ 1970 (42 U. S. C. 1958 (H) et. seq.) and the Federal Water Pollution Act (33 U. S. C. "I , 1368 et. seq.) as amended, Executive Order 11738, and Environmental Protection �,, Agency regulations (40 CFR, Part 15). Contractor must comply with Section 103 and 'I, 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) and ; Department of Labor Regulations (29 CFR, Part 5). D. The City of Dubuque in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. � 252, 42 U.S.C. 2000d-2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in 9 Federally assisted programs of the Department of Transportation issued pursuant to ;� such Act, hereby notifies all bidders that it will affirmatively insure that in any contract � entered into pursuant to this advertisement, minority business enterprises will be �� afforded full opportunity to submit bids in response to this invitation and will not be � discriminated against on the grounds of race, color, national origin, sex, age, or disability u in consideration for an award. �d a � � � �p B � k � � � � r+ � � SECTI�N 006t10 � � 1 �f 4 � � � � BOPJD N0. T242o'i7 � l�NQVif ALL BY T �E P T�; , , � � . ... . .... .. . . ..� . ... .� . , �. a- .. . q{p �_ . :. ��.�,. J. .,,.� ,,.. ,° � . . � i T�� YY�a . j '4 . . w ... . . . .. � '"a � % � rE �i I {h�rei��ft 1 1 8✓ Ci� tr �ta or ri�ci I�) and 3 .� . - �I . , �� ur� �� ld nd fi ly b�un��nto th� City �� af ��b� �e, i �, �s ��li �her�ina r � ��rr�d ta �s `� n r"�, �n tn alE p�r��r�� wh� �y be in' �d y y r h �f n f th� �� iti ns of n wn th p�nal surn �f � . , . . �, . . . d�llars II �� ,), I ul �ney af t nit d t�t�s, fvr t t af whi�h �u , e�f ' and tru y t� b� m�d�, ind �ur� N� s, �ur i , I I r�pr��nt�tiv � � i ns, jaintly or � �erreraliy, �irmly b�thes pr�s nts. � Ih The��ndit�c�ns c�f�t��bc�ve�bli ati�n��re such t�� h�r �s�id�ant �tc�r ent re into a cvntract i; with t�� C��rn�r, b��rir� te t,h� � �f : � � , (h�r�i�� r th� � „��rttr��t"} w �r�i� s i ��nrtr�c�or un��rt�kes n �r �� tr� can�truct th fall� in� praje� i� �� ir��ti� �� €ntr +��iri�r�t�, r�d Fra��ithfuliy �r�r�car aPl �h�t r � �n� ��uirements cst � ��id ��tr��t it ir�� tirn�t er in s ��i�e�, wn �a �nd � nlr nn r, an��r�a�c�rd�n�� N witF� the ��t ct ac�ments. The ant ��ur� nfis fi�r I T �: I T# J �T � r�j� '� � if � � � II� in d ��rib d im rav�m�nt�: y Pai�tirt� �f C��c� �ncludrng: � � � Prep�ratic+n �r�d p inti� �f��z �. �: r��r�tio� �nd p�intin� �f r�i[in � ar�d uar r��ls � ��h�d �� g�� . � � a�ntin� t� i�trl�de b�t� wnsrde �r�d aut�fd� �fi �t�l �kfr�in b�l�w ��z�b� s1 b. �i • �pair �nd1�r r�pl�ce br� �nlmi�sin� �r�fi��t��tural �rn�m�nt�. '� � � I# i� ��pre�sly und�r�t��d �nd �c�reed by th� �c�r�t��t�r�nd ��ar�ty i�thi� ��d tt��t tt�e fo�l�w��g � prc��si��s ar� p �f this ea�d n �re b�n �� u �n � i ��n#r�ctc,r n ur , t�- wt: � 1. P R� � : Th��antr ar hall w II n f�ithfully�b��ry , p�rf�r ,fut�fl, and abide by�a�� nd �v� c�v�nar�t, ca�ditia�, �nd p� of��id �n�ra n ��tr� �cu e�t�, b�r�f�r�n� �d � �rk h�re�f, for th� �raj��t, a�� t��ll i�d� r�t �nd ��ve h� ��ss#he C3 n�r fr� ail �t�tlay �nd e��ns� i�curr�� by the �er by r�as�n c�f th� ��ntr�ct�r°s def�ult �f fail�re fi� p�rf�arm as re�uir�c�. The Ct�ntra��r sh�ll al�� be r�� c�n�ibl� f�r the , defa�Jlt vr failur� t� p��form as r�q��ir�d u��r the Contr��t and �anteact ocument� by �11 its s�� ntr�ct�rs, s��li�r�, ag�nts, �r ernpl�y��furnisl�ing materials ar rav�din� ��bor in � p�r��r �n� of th Cantracfi. � 2. Ai� T: Th� �c��tr�c�or�nd the�ur� on this �nd h�re�y agr��d t� pay�fl ju�t cl�ims submitt� by �r��ns, fir �, �ubcon�ractors, and ��r��tatian� �urnis�in r�at�rials f�r �r �erfi�rming (a�c�r in th� p� �r anc� af t � Cc�ntra�t�� acc��ant �f�h��h this B�nd is iv�r�, in�ludin� but n�t limit�d tc� claims fvr �!f am��nt� due far la��r, materials, I�bri nt�a c�il, ��sr�lAn�, r�p�ir� �n m�chln�ry, �quipm�nt, �nd t��3s, cc,n�um�d �r used �y th� C�r�tract�r : ';; �� d � . , TI 00 Q Page 2 of A� or �ny sub��ntr ct�r, vuh r�in the same re n�t �atisfied ��t �f the ortia� vf the n#ra pric�th� t� n�r is re�uir�d to ret�in untifi co �I�ti�r� af the i rca� nt, but the �ntractar �nd Sure#y sh�A nc�t b li��l t�s�id pe �ns,�tr �, �r co r�t�c�ns unles�the c(airr��f sai � �lai ��fis �g��nst said ort�an �f the c��tr�ct price �h If h�ve e�r� �s biish� �s pra�� d �I by I . Th on#r ctc�r �r h r y bin th s�1�es f�th� li atio�� nd nditi�ns s�t f�rfi� in Gh�p� r 7� af e la ad , hich �y th�� refier nc� is m de � part h� �f as thou h f�alfy�et��fi �rein. ' 3. AINT� �N�E: The vntr� �r and the ��ure �� t�i� �n �ere�y �,�r�e, t their ��n �; exp�r��e: + . T� r� �dy a�� r� �11 def��t�that m y �v�lc� in �r r��ult frc�rt�w�rk t� �p� �rm�d �n r th� �ntr ct �cu en#� att�in ti� �ri�d af � ( } Y �r(�j fr�� th d�� # c�ept��c f th� � un r # anfir , � r� n f d�f��t in �rk �n�hi , equi �nt i��fi �1 , or t ��I� u� i n�t �ti � �fi� i c� ; ; i , T� r� air and i��s �r e li� aEnt, �I � I C. T� k��p all t�rk i� ��ntir�u�us gcaad r ir; n�3 � , �. Tc� p�y the wn�r'� re�s�n�bl� c�sts �f ��it�aring ar�d in�pe�ti�n f� ��ur� th�t �ny Ij �efe�t� ar� re �di�d, and t� r� �y th wn�r �f! �ut��y �nd x �n� in��rr�� , r�s�lfi of C�ntract�r'� �r�d �r�ty's f�i[�re t� re y a�y d�f��t as r��u€r�d b� thi� � �e i�n. 'I �.�ntr c#�r'� �nd urety's c� tr� h r i� e�tt�nd� t� d f cts i or rnat�ship �r � m t�rial� n�t di��av�r �r �a�rn t�th r t t�� ti � �u�h ��k � ��pt . �� i� 4. ��4� A�: �v� �ur�t�r c�n th�� nd �h�ll �� d��rr��d an� �� b��n , an� c�r�tr�ct t�a th� i �c�ntr�rw n�t�rith�t�n�in�, t�th� ��Ilc� ir� prc�visi�n�: ' A. T� car��ent "sth��at n�tice t� �ny ext�nsi�n �f time �uth�riz d A� a pr�� ch�n�� rd�r�tr�th� ��tr� ar in hich t� ��rF� th� �nt��ct; , To ��ns �fi ifi �ut n�tsce to ��y c��n in tt�e C�r��r� �r antr ct ��u �nfi�, �ut �riz� in � �r��e� c��r�� ar er� hy�� th�r� y i��r s s t e t�tal c�nt ct �ri�e �nr�the��n�f�um�f�hi� �an�, �r�vi �d t� t��I�uc �h s o n�t, ir�the a�gregate, inv�lv � in�r�a�e �f mc�r� t� � ��#y �rc�nt (2�%� �f�h t�t ! c�ntra�# ric�, �nd t��t thi� c�nc� �hafl t��n be r�l��d ��tc� such �x�� in�r a� ; G. Tc� r�n��nt �rit��ut ��t�r,� th�t thS� r�nd �E��11 r�m�in ir� fu�� far�e �nc� ��fie unfiil t�te ��ntraet i� c�sm�l�t��, vs�h�th�r �;c�m��t�� witF�ir� #h� �p��i�ied �antr��t p ri�d, within an �xfi�r��i�n thereaf, c�r �rrthin � ��ric�d �f t;m� a �r the cantra�t ��rc�ac� h�� I�p��d and the liqurci�#�� m��e p�r��lt�i� being charg�d �gainst the ��ntr��to�. Th+� ��ntract�r ar�d v� Sur�ty an t�e �nd �4��Ii d e� �nd held b�ound, any �antract t�the ��rrtra n� Ith�tandEng, tc�th�f�llc� in rovisi�ns: � 0 ! 6 ` �ECTI�IN t1�D6tI0 Page 3 of 4 i . That n� �rovisi�n af#his ond �r�f ny oth�r c�ntra�t�hall be v 1i �hat limits t� less than fiv (5} yea aft��the c ptance �f th �rk u�r r t e C�nt �the right t�sue � thi� c�nd. . Th�t a� �sed her in, e hr�s "" iI out9�y nd ex ens��is n�t t�b li i�ed in any way, ut shall ir�c1 e fihe I art r �c��bf� sts �nd �x �ns s i��u d by the ner �ncl in inter t, r�ef e nd av h r pli I . r in ly," II ��tlay and �xp�n� " wouf in�lude ut n�t b� li it t� �il c�nt r e I e exp�ns , al1 ui rn�nt u e ar r n l, �t ri I ,te�tirp ; utsid� � , �rn�y'�f s(inc[u in o�� e �� s � c�f t � n�r'� �# a c� s�, �nd �II c nd �x n��s of liti ati�n �s th�y �r i��urred � t n r. It �s i�t n t �n�r c r �nd u � i11 �fend �n i� e r�i t � � r�n I# cl i s �d a �in�t the w��c an acc�unt � �#Cr�ntr� ��'�f�il�r t� p � , �� r uir, in.th ��tract and ��ntr ct ��cu �nts, " th � I! r� m� ts nd pr� i �� e�f in th� ntr ct n �ntr s�cum�nts, in � rav�d c� n � �r r�, �d �n t i and ill fu�ill�d, n th # th� ��r will '� f�lly ind� ni d �c� t t it "11 u� i�t� t� a�iti� it I� h�ve b n in h� the �; Contr ��ra r � i th fr��i�� r ir . i �; ;� Irt th�� e�,r�nt�he �wn�r inc�rs �n�`°�ut��y �nd ex��n��n an d�f�n�ing i��lf�gain�t �ny cl�irra a� �o ; hi�h th� �r�n�r�c��r �r ��r ��uld h v r��id d th� ef n�e, �r �r� th ��fi rc n# f th ii pr� i, s��v�r �y th ntra�tar in th� �ntr 9 ��tr �t cu �nfi�, c�r r ve ch�n ar e , E, �r i� *�� rfvr� nt ��f t pr� is � iv � � t� ��ntr c� r n �r ty i� t�is �n , t#�e �;I +��ntr��;�� nc� ��rety a r th�t�h � ill k th� �n r h I��r all �ucf� t! � and ex e��, �� r�vid�d ��a� fihe ur�ty'� c� E� �ian u� r thi� ar� �II n�t exc � n hundr� nty-fiv�e � �� nt (1��i°f�� f th �n�f �u f thi� . � 1n #he e�rent th��t y �c�iar�� r r� � in s �r� init9�t r rr�ir� �hi� � , th� "�s � r� tha� the venu� t�ierec�f sh II � u �u� , t t �f t� . If 1 �f � i�n i� r t�ir y t � r � to enf�rce the rovisi�n� c�f#his v� r t� c��l�ct� � �n�fi� �b�i ti n in�u ' t�th� ��n�fit € �h� � r, � t��n�ract�r nd tF� ur�t� a r , j intiy, n � v�rai�y, #� y tn n r II �ut��y n �xpens� i�c�rr d th�ere�or y the ner. II ri ht�, � �r�, �n� re i s vf th� w�rter � her�cartd�r shali � mul t�v� �� at alt�r� t�v nd �1� �1 In �d ��n t �II � ht p �w� , �nd r� i�� v�n t� t e n�r, by ! . he n r �y r�� ir��t �ur far ny a +aunt ��r�r�t�� r��and�r h�th�r acti�sn i� br�a� ht � ain�t t�� ntr� or or �ther �ntr�ct�r 9s j�i� in �n� �u� ��tian(�} or n t. NO TNE � �,th�c�n�iti�n�f thi� �bli��twan is�u��hat if sai� rincip�l�h li faiti�fully e �rm all the prvmis��f th rinci al, a��et fi�rth n rav�ded in th �nfir , i�th��t c� ��ume� ` �nd in this an�, th�n t i� vb[a ti�n s �II t�� null r�d v�aid� �the i�e it sh 1� r �in in full f�r �n effect. h n �rk,t�r , �r phr�s� Bs us�d �n this r�ndy it shall b in#e rete� ar const �d f #�s d�fne� i�r �h�� nd, t�� C��tract, ar the G��trac� ��u �nt�; ��cc�nd, if �ot d�fine in t�e �nd, C�ntrack, r�� a�tract c��urr�ents, ifi sha11 k�e infierpr�ted c�r cc��stru� �� defi�ed 9n appli ble pravisians�f the !� � G�s�9�; th�rd, i�n�t define i� th io �od�, it s��ll b interpreted or�onstru�� according ta its g�ner�lly acc�pted meanin i� th �canstr�ctian indu�t ; an f��kh, if it �as �� generally accepted I > SECTIQN 00600 Page 4 of 4 meaning in the constructi�n industry, it shalf be interpreted or c�nstru�d according tc� its c�mman �r �ustomary usage. � Fa�lure to sp�cify �r particu(ariz� shael nc�t �xclude terms or provisior�s not me�tian�d and shall nat I�mit liabi�fty hereunder. The Contract and Gvntract Document� are h�re�y rr�ade a part af this Bonde ,�� x :� �� "" Proje�t �1p. =t�[_..- _x ::g Witn�ss aur hands, in triplicate, this �� N .4 day of �' ° ��?�� { ,, �, �0�8. � 1 SU ETY C U T SIG E ��: �� j :�.� 'jl . �� ,t� � � � Represent�tivs far ner r Printed Na e fAgent � :� � ` . mpanyAddress �MPLGY�RS N1�JTUAL�A�UAL�Y�QMI'ANY � � � ! M � Surety�c�mp�ety `� ' �fty, Stat , %�Cod� �� ,�, j �e� ; � �: �..rr SignaEure Aftomsy-in °fi C�i�er ,• � Company"f"ele�hone Number pt��J� B�S��t ; �, Pr1n Name�t'A,ttamey-In-Fact rcer �y,�.� � I L. �. EMPLQI'�RS �Vll3TU�L CASUA,LTY CCJ�11�Af°�Y �1 °� � �� Gompany hlam� � �ontractcsr F'� ��712 � �� Ct�mparsy Addr�ss ignatur� p�S MC�INE�, IA�03�� j �� City,�kat�,Zrp Code � � F'r�nted htame �- � 515-�45-�6�9 � �campany Tele�hon�Num�er � TE: ` ;:�' 1, AIf �ign�tures c�n this pPrf�rm�nc�, p�yment, an� ma�n'kenance Br�nd must be ariginal �`�:e£ �ignatu � in wnk; r,c�pie�, f�csimife, car el�ctr�,nic sRc��ature��rill r�at b� acc��ated. 2. 1`hi� ��d must be sealeci with th� ��eety'� rai�ed, e bossing ��l, 3. Th� nam� and si�nature �f#he Suret�r's Att�rney-in-F��t��cer enter�d an this B�nc! '��§ must be exactly a� iist�d an t�e Gertifcate or Pawer af Attam�y a mpany�ng this B€rnd. --- F SE Tl —�,r_ ,��:�. j >W� 1 �� .£ a��`; � �.� �� , Z � � v � 1 ' • I� f 1' 1 � /EMC nI � INSURANCE P.O.Box712•DesMoines,lA50306-0712 IV�. CO2319 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT KNOW ALL MEN BY THESE PRESENTS,that: 1. Employers Mutual Casualty Company,an lowa Corporation 5. Dakota Fire Insurance Company,a North Dakota Corporation 2. EMCASCO Insurance Company,an lowa Corporation 6. EMC Property&Casualty Company,an lowa Corporation !, 3. Union Insurance Company of Providence,an lowa Corporation 7. Hamilton Mutual Insurance Company,an lowa Corporation i 4. Illinois EMCASCO Insurance Company,an lowa Corporation hereinafter referred to severally as"Company"and collectively as"Companies",each does,by these presents,make,constitute and appoint: I� DOUG 805SEN h , its true and lawful attorney-in-fact,with full power and authority conferred to sign,seal,and execute its lawful bonds,undertakings,and other obligatory instruments of a � similar nature as follows: I� ANY AND ALL BONDS �I and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company,and all of ' the acts ofi said atiorney pursuant to the authority hereby given are hereby ratified and confirmed. � AUTHORITY FOR POWER OF ATTORNEY ;,� This Power-of-Attorney is made and executed pursuant to and by the authority of the foilowing resolution of the Boards of Directors of each of the Companies at a � regularly scheduled meeting of each company duly called and held in 1999: � RESOLVEU:The President and Chief Executive Officer,any Vice President,the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to(1)appoint attorneys-in-fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and � undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof;and(2)to remove any such attorney-in-fact at any time and revoke �; the power and authority given to him or her.Attorneys-in-fact shall have power and authority,subject to the terms and limitations of the power-of-attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and � other writings obligatory in the nature thereof,and any such instrument ezecuted by any such attorney-in-fact shall be fully and in all respects binding upon the Company. � Certification as to the validity of any power-of-attorney authorized herein made by an offcer of Employers Mutual Casualty Company shall be fully and in all respects � binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a �h certified copy of any power-of-attorney of the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS'THEREOF,the Companies have caused these presents to be signed for each by their officers as shown,and the Corporate seals to be hereto affixed this � 18th dayof MAY Zp�7 Seals G� � ;`S�pINS�Rq•,� ;,��oMPq�,,, ,.��j;;'&"�--,, ruceG.Keliey, airman 7oddStrother � �'oP.,�;�H�-;��'�. :�� ,��p��--,Y� �'�P,��-�,qs°. of Com anies 2,3,4,5& ;President II :��,,�o q,;F; _¢"��a RQ�.�O�� O;`�RPOqqr�G: � Vice President . _o: _�_, o_9: :�,� F�_�: of Company 1;Uce Chairman and � =z: SEAL ;�; ;z; 1863 ;o_ ��: 1953 =� CEO of Company 7 �%'�' •��. ,2�,. IOWA �:p' ;�'•, :�_ ,� �.O: ��iowA`� '°'��;��3�� ';°"�A� On this 18th day of MAY AD 2017 '�-„ ,,,,., .,,,,, ,,,.,. ,,, ,; before me �� a Notary Public in and for the State of lowa, personally appeared Bruce G. Kelley and `.o;NgURAN�Fc, ;Q��NSUPq�yC�.',' �.��.,<'�'', Todd Strother,who,being by me duly sworn,tlid say that they are,and are known to me to be the :`' � �° °�= '� �� r � '�y op"'�>9s�'� Chairman,President,Vice Chairman and CEO,and/or Vice President,respectively,of each of . 5:oa nqr, , ero,�'�.� . :e:��rorr''.L' -U�- ` F �➢_ _O;`� '"/.2i' 'Jp� G r"'y�/- :w: S EAL ;<; :o:, SEAL ��: :�; S EAL;�: The Companies above;that the seals affixed to this instrument are the seals of said corporations; , � � `;o; ; .�; that said instrument was signed and sealed on behalf of each of the Companies by authority '�'`��owP`` ` �•��RTH DAK��P•` �';�SMo""��`,.�� of their respective Boards of Directors;and that the saitl Bruce G.Kelley and Todtl Strother,as � •', ,,'� , '"�5 , such o�cers,acknowledged the execution of said instrument to be the voluntary act and deed M�TUq�� of each of the Companies. vo�`M�TUq�s�A My Commission Expires October 10,2019. ��TH�Y LOVE�Rf� �� _ ,"��' � "' • � tih, E�qtires �`��'�'URAN�'� °� �mr�2019 Notary P lic in and for the State of I a �'O�NEs,`��'P CERTIFICATE I,James D.ClQugFr,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issu�d pursuant thereto on MAY 18,2017 on behalf of: � DOUG BOSSEN are true and correct and are sti�i in full force and effect. In Testimony Wher;�,f I i�ave subscribed my name and affixed the facsimile se i of each Company this °'`�� day of �' )� �� GQ/�� Vice President ' • • � '. . � . . � ; � I � � � I� ; i i I� � � � ��i � � � I� �I II � �jl i� � , � � � . � i � N �6 d SECTION 00700 ; Page 1 of 6 INSURANCE PROVISIONS � SECTION 00700 City of Dubuque Insurance Requirements for General, Artisan or Trade ;� Contractors, Subcontractors or Sub Subcontractors � � � �� Insurance Schedule F � �� Class A: i Asbestos Removal Fiber Optics Sanitary Sewers '� Asphalt Paving Fire Protection Sheet Metal � Concrete Fireproofing Site Utilities ',; Construction Managers General Contractors Shoring I; Cranes HVAC Special Construction �� Culverts Mechanical Steel j' Decking Paving &SurFacing Storm Sewers '' Demolition Piles & Caissons Structural Steel � Deconstruction Plumbing Trails II� �� Earthwork Retaining Walls Tunneling ' Electrical Reinforcement Water Main �a Elevators Roofing li ;; �� Class B: ;� Chemical Spraying Landscaping Rough Carpentry Doors, Window& Masonry Stump Grinding � Glazing Vehicular Snow Removal Tank Coating li Drywall Systems Painting &Wall Covering Tree Removal i; Fertilizer Application Pest Control Tree Trimming !{ Geotech Boring Scaffolding Tuckpointing �� Insulation Sidewalks Waterproofing I; Finish Carpentry Plastering Well Drilling � Class C: Carpet Cleaning General Cleaning Power Washing Carpet& Resilient Grass Cutting Tile &Terrazzo Flooring Flooring Janitorial Window Washing Caulking &Sealants Non Vehicular Snow& � Acoustical Ceiling Ice Removal � Filter Cleaning Office Furnishings !1 � � Schedule F, General,Artisan or Trade Contractors, Subcontractors or Sub Subcontractors November 2017 � i INSTRUCTIONS FOR INSURANCE SUBMITTAL: 1. Contractor shall furnish a signed certificate of insurance to the department responsible for the contract for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. Contractors presenting annual certificates shall present a certificate at the end of each project with the final billing. Each certificate shall be prepared on the most current ACORD form approved by the lowa Department of Insurance or an equivalent approved by the Finance Director. The certificate must clearly indicate the project number, project name, or � project description for which it is being provided � For Example: Project# 350-1605 � Project name: Washinqton Park Gazebo Paintinq Prolect Project Location: Washinqton Park, Dubuque IA ;� ,, � 2. All policies of insurance required hereunder shall be with an insurer authorized u to do business in lowa and all insurers shall have a rating of A or better in the ;; current A.M. Best's Rating Guide. i � .li^�d v" # �� `e! i!".q t z ' I� 3. Each Certificate required shall be furnished to the �,��u�-�,�Ser�ic�e�s�,,Department of � the City of Dubuque. � i� 4. Failure to provide the coverage described in this Insurance Schedule shall y not be deemed a waiver of these requirements by the City of Dubuque. I� Failure to obtain or maintain the required insurance shall be considered a ;� material breach of this contract. ',� 5. Contractor shall require all subcontractors and sub-subcontractors to obtain and � maintain during the performance of work insurance for the coverages described in � this Insurance Schedule and shall obtain certificates of insurances from all such d subcontractors and sub-subcontractors. Contractor agrees that it shall be liable for � the failure of a subcontractor and sub-subcontractor to obtain and maintain such � coverage. The Cit_y_may request a copy of such certificates from the Contractor. 6. All required endorsements to various policies shall be attached to the certificate of insurance. 7. Whenever an ISO form is referenced the current edition must be provided. 8. Contractor shall be required to carry the minimum coverage/limit, or greater if required by law or other legal agreement, in Exhibit I - Insurance Schedule F. If the contractor's limit of liability are higher than the required minimum limit then the contractor's limit shall be this agreement's required limit. Schedule F,General,Artisan or Trade Contractors,Subcontractors or Sub Subcontractors November 2017 i . � a �EXHIBIT I SECTION 00700 � Page3of6 � � A) COMMERCIAL GENERAL LIABILITY � � General Aggregate Limit $2,000,000 '� Products-Completed Operations Aggregate Limit $2,000,000 � Personal and Advertising Injury Limit $1,000,000 I� Each Occurrence $1,000,000 � Fire Damage Limit (any one occurrence) $ 50,000 h Medical Payments $ 5,000 a � 1) Coverage shall be written on an occurrence, not claims made, form. The j general liability coverage shall be written in accord with ISO form ; CG0001 or business owners form BP0002. All deviations from the �; standard ISO commercial general liability form CG 0001, or business owners form BP 0002, shall be clearly identified. ; 2) Include ISO endorsement form CG 25 04"Designated Location(s) General � Aggregate Limit" or CG 25 03 "Designated Construction Project(s) � General Aggregate Limit"as appropriate. � 3) Include endorsement indicating that coverage is primary and non- � contributory. 4) Include endorsement to preserve Governmental Immunity. (Sample � attached). N 5) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, E; all its employees and volunteers, all its boards, commissions and/or �' authorities and their board members, employees and volunteers. IN Use ISO form CG 20 10 (Ongoing operations). ; 6) The additional insured endorsement shall include completed operations � under ISO form CG 2037 during the term and for a period of two years after the completion of the project. ; 7) Policy shall include Waiver of Right to Recover from Others endorsement. � i� � B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by lowa Code Chapter 85. � Coverage A Statutory—State of lowa Coverage B Employers Liability Each Accident $100,000 ? Each Employee-Disease $100,000 Policy Limit-Disease $500,000 • Policy shall include Waiver of Right to Recover from Others endorsement. • Coverage B limits shall be greater if required by the umbrella/excess insurer. � • Nonelection of Workers' Compensation or Employers' Liability Coverage under lowa Code sec. 87.22 yes form attached � Schedule F, General,Artisan or Trade Contractors,Subcontractors or Sub Subcontractors November 2017 % � C) AUTOMOBILE LIABILITY ; Combined Single Limit $1,000,000 �i D) UMBRELLA/EXCESS LIABILITY ji Umbrella liability coverage must be at least following form with the � underlying policies included herein. �� All Class A contractors with contract values in excess of$10,000,000 must � have umbrella/excess liability coverage of$10,000,000. � �� All Class A and Class B contractors with contract values between � $500,000 and $10,000,000 must have umbrella/excess liability coverage ;; of$3,000,000. � lii, All Class A and B contractors with contract values less than $500,000 must have umbrella/excess liability coverage of $1,000,000. Ilf All Class C contractors are not required to have umbrella/excess liability �! coverage. � i�� All contractors performing excavation work must have a minimum of $3,000,000 umbrella regardless of the contract value. � � ji E) ENVIRONMENTAL IMPAIRMENT LIABILITY OR POLLUTION LIABILITY �I Coverage required.;: . ,.,.a,:;.,,,yes ,, no '� _=� � Pollution Liability coverage shall be required if project involves any pollution � exposures for hazardous or contaminated materials inciuding, but not limited u � to, the removal of lead, asbestos, or PCB's. Pollution product and complete � operations coverage shall also be covered. Each Occurrence $2,0��,000; , Policy Aggregate $4,QOO�OpD � 1) Policy to include job site and transportation coverage. � 2) Include additional insured for: � The City of Dubuque, including all its elected and appointed officials, all its employees � and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 2010. (Ongoing operations)as stated in A(6)above or its equivalent. � 3) Include Preservation of Governmental Immunity Endorsement � 4) Provide evidence of coverage for 5 years after completion of project. � Schedule F,General,Artisan or Trade Contractors,Subcontractors or Sub Subcontractors November 2017 � � k Y SECTION 00700 Page 5 of 6 b � F) RAILROAD PROTECTIVE LIABILITY � Coverage required: ' yes�_no � � Any contract for construction or demolition work on or within Fifty feet (50') r from the edge of the tracks of a railroad or effecting any railroad bridge or � trestle, tracks, roadbeds, tunnel, underpass, or crossing for which an ; easement or license or indemnification of the railroad is required, shall � require evidence of the following additional coverages. � , r; Railroad Protective Liability: � � $ �� ,�� ' � each occurrence (per limits required by Railroad) � "� ' �; olic a re ate er limits re uired b Railroad !! $..< , �.,.. _. ,,. p Y J9 9 �p q Y ) �, i ii OR i An endorsement to the Commercial General Liability policy equal to ISO ,; CG 2417 (Contractual Liability-Railroads). A copy of this endorsement �; shall be attached to the Certificate of Insurance. I! li �' � ; � y i Schedule F,General,Artisan or Trade Contractors,Subcontractors or Sub Subcontractors November 2017 � � � SECTION 00700 Page 6 of 6 Preservation of Governmental Immunities Endorsement � 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the � purchase of this policy and the including of the City of Dubuque, lowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City � of Dubuque, lowa under Code of lowa Section 670.4 as it is now exists and as it may be � amended from time to time. a 2. Claims Coveraqe. The insurer further agrees that this policy of insurance shall cover only � those claims not subject to the defense of governmental immunity under the Code of lowa � Section 670.4 as it now exists and as it may be amended from time to time. Those claims il not subject to Code of lowa Section 670.4 shall be covered by the terms and conditions of �; this insurance policy. �!� 'r u 3. Assertion of Government Immunitv. The City of Dubuque, lowa shall be responsible for ii asserting any defense of governmental immunity, and may do so at any time and shall do �� so upon the timely written request of the insurance carrier. '; �� 4. Non-Denial of Coveraqe. The insurer shall not deny coverage under this policy and the �'I insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, lowa � under this policy for reasons of governmental immunity unless and until a court of I competent jurisdiction has ruled in favor of the defense(s) of governmental immunity i asserted by the City of Dubuque, lowa. No Other Chanqe in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. ; ___= END OF SECTION 00700 =_=_ Schedule F, General,Artisan or Trade Contractors,Subcontractors or Sub Subcontractors November 2017 � ,y SECTON 00750 � Page 1 of 4 !� � SALES AND USE TAX EXEMPTION CERTIFICATE � SECTON 00750 ��; ,J The City of Dubuque, as a designated exempt entity awarding construction contracts, will issue u, special exemption certificates to contractors and subcontractors, allowing them to purchase, or I'; withdraw from inventory, materials for the Contract free from sales tax pursuant to lowa Code ' Sections: 422.42 (15) & (16), and 422.47 (5). The special exemption certificate will also allow a � manufacturer of building materials to consume materials in the perFormance of a construction �' contract without owing tax on the fabricated cost of those materials. 'i il i 1. These tax exemption certificates and authorization letters are applicable only for the �i; work under the contract. The Contractor and each subcontractor shall comply with said �' ,� lowa Code Sales Tax requirements, shall keep records identifying the materials and ',; supplies purchased and verify that they were used on the contract, and shall pay tax on i any materials purchased tax-free and not used on the contract. �i ;i II i 2. Upon award of Contract the City will register the Contract, Contractor, and each � subcontractor with the lowa Department of Revenue and Finance; and distribute tax �� exemption certificates and authorization letters to the Contractor and each ; subcontractor. '�' ;I ��, �i i � �� i i i ' � u � � � � u � � � Y � � � fl � � 0 s I � a � ,� i � �� SECTON 00750 Page 2 of 4 PROJECT INFORMATION REQUIREMENTS FOR STATE OF IOWA SALES TAX EXEMPTION CERTIFICATES � FOR CONTRACTORS & SUBCONTRACTORS '� � Submitting Department: Leisure Services Department , Department Contact:Stephen Fehsal Project CIP Number(s): 350-1605 Please compiete this form in its entirety and submit along with the executed Contract, Bonds and Ce.rtificate of Insurance. U on recei t the Cit Finance De artment will work with the lowa I�� p P , Y p I� Department of Revenue to issue Sales Tax Exemption Certificates to the approved contractor(s) to allow for the purchase or inventory withdrawal of materials for the specified Project free from State ,� of lowa Sales Tax. I{ �,, Sales tax exemption certificates are not provided to material suppliers. �� The Contractor and subcontractors can provide copies of the sales tax exemption certificates � issued by the City to individual material suppliers. ��'; '; ,�, Project Name: ��a��E��k��e�� 'I� �� d� � �� , � � � � � Project Description: ��`��€�� , ��-� �, �� '.��i�� s��%�� ° � � �� I� ��,��E��€��'�� €�i�� G ��' �� /�' ��`��%��ji%�i r�%� �� `�.�� ' ��t�E�� a��t�9� ��`a�� 11 �� r�� y��j�� f s 6� il �' �� t�� /�� f! //s�/�/�� " i i ��/�� %�j�� II �� q � �f ��` �`t� �/��" ��r � ��i � �� 5 Ek�� %�� o��✓�`�i�� y��v ��i�i'i�u�� 3�� J�� 0�/<o��Oa` %%��ii6i�✓�� ,� �� i � �� `�� o��-�� Q��,�� !!��'i� �� i��!��' i � �� ✓ �;� � ` r f.�� / ��'�� "��a��i'��`�'o i��'' ��t�'� �� :.0�/.!i .�� /�/s✓i� ��Y-�'��. ��?�j�� !�/��y��ii�i�i��/�� .,,�.�., l � ��`�� ,y i.��. ' i " �'�-,/��f„u�/�s��i� Start Date (Bid Opening Date) �%;��'��-��,�� Bid Completion�Date: � ;��'�t��'��y�'`�-;��,� i1 s , � � , , � � SECTON 00750 Page 3 of 4 1. General Prime Contractor: � � � � � A � Contact Name: �' Complete Address: � (Include PO Box and Street Information) �+ � City, State, Zip Code ,�� Tele hone Number: �'" � � p .� Federal I.D. Number: � (or Include Social Security Number) �i �I Work Type to be Completed: � �. � � �� ' � � � N �+ 2. Subcontractor: ' Complete Address: I; �I; (Include PO Box and Street Information) City, State, Zip Code ,'� Telephone Number: ! Federal I.D. Number: � (or Include Social Security Number) ;j Work Type to be Completed: � i�. I: 3. Subcontractor: I� Complete Address �' (Include PO Box and Street Information) II, City, State, Zip Code I; Telephone Number: II Federal I.D. Number: �I (or Include Social Security Number) � Work Type to be Completed: � � 4. Subcontractor: � Complete Address: � (Include PO Box and Street Information) City, State, Zip Code Telephone Number: � Federal I.D. Number: � (or Include Social Security Number) � Work Type to be Completed: � �, ___= END OF SECTION 00750 =___ � � �� E � �i [Page Intentionally Left Blank] � �I � 11 ; ; � ,� � � � ;i il , 'i � �� i, u � u � c 1 � � 1 � , � � SECTION 00800 ' Page 1 of 2 I! � � CONSTRUCTION SCHEDULE AND AGREED COSTS OF DELAY � SECTION 00800 u� I; 800.1 SCHEDULE: r� �; CALENDAR DATE SCHEDULE: �' ,� Work on said base bid improvement must be fully completed on or before August 1, 2018. ' ; 800.2 AGREED COSTS OF DELAY: � i Time is of the essence of the Contract. As delay in the diligent prosecution of the work may i inconvenience the public, obstruct traffic, interfere with business, and/or increase costs to the ; City such as engineering, administration, and inspection, it is important that the work be ',i; prosecuted vigorously to final completion. ' �� 1. An extension of the contract period may be granted by the City for any of the following i reasons: �' 2. Additional work resulting from a modification of the Contract Documents by approved change i order. �' ; 3. Delays caused by the City. i' ,, !i 4. Other reasons beyond the control of the Contractor, which in the City's opinion, would �� justify such. � 11 Should the Contractor, or in case of default the Surety, fail to complete the work within the i specified Final Completion Dates, a deduction at the daily rate for agreed costs of delay will ��' be made for each and every calendar day, such that the work remains uncompleted. The li Contractor or the Contractor's Surety shall be responsible for all costs incidental to the � completion of the work, and shall be required to pay the City the follovuing daily cosfis: A. For each calendar day that any work remains uncompleted beyond the Final Completion date the contractor will be assessed and shall pay, $500 per calendar d�a r, not as a penalty but as predetermined and Agreed Cost of Delay until Final Completion requirements are met. � � R Permitting the Contractor to continue and finish the Work, or any part of it, after the expiration � of the Substantial and Final Completion dates or Milestone Dates or extension thereof shall � in no way operate as a waiver on the part of the City of any of its rights or remedies under the � contract, including its right to Agreed Cost of Delay pursuant to this provision. Furthermore, � the assessment of Agreed Cost of Delay shall not constitute a waiver of the City's right to collect any additional damages which the City may sustain by failure of the Contractor to carry � out the terms of the Contract. � � � 3 � 3 � SECTION 00800 Page 2 of 2 The Agreed Cost of Delay rates specified in the Contract Documents is hereby agreed upon as � the true and actual damages due the City for loss to the City and to the public due to obstruction of traffic, interference with business, and/or increased costs to the City such as engineering, � administration, construction, and inspection after the expiration of the contract times, or ; extension thereof. Such Agreed Cost of Delay will be separately invoiced to the Contractor, and � final payment will be withheld from the Contractor until payment has been made of this invoice '� for the agreed cost of delay. The Contractor and its surety shall be liable for any agreed cost of ;� delay in excess of the amount due the Contractor. ly � � ___= END OF SECTION 00800 =_= �i i �� y � I I� lil � III 7 II Ii II ll I I I � �p t � I i [Page Intentionally Left Blank] I ; ,;1 i� „ � � ','1 II i � � ; ,I� ii ; I � �, � � � � i � H � ; SECTION 01000 Page 1 of 2 � � SECTION 01000 � CONSENT DECREE � RELATING TO THE PROJECT � 15. � THIS CONTRACTOR IS PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS SECTION ARE APPLICABLE. i ��CITY�� CONTRACTOR � �1 THIS CONTRACTOR IS NOT PERFORMING WORK FOR THE CITY OF DUBUQUE I RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY k SEWER COLLECTION SYSTEM. THEREFORE THE CONSENT DECREE AND THIS �� SECTION ARE NOT APPLICABLE. � � The City has entered into a Consent Decree in the case of The United States of America, and the State of lowa v. The City of Dubuque, lowa, Civil Action Number Case 2:11-cv-01011-EMJ, Civil Action � Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the Northern i: District of lowa. The provisions of the Consent Decree apply to and are binding upon the City and its officers, directors, employees, agents, servants, successors, assigns, and all persons, firms and corporations under contract with the City to perform the obligations of the Consent Decree. The City is required to provide a copy of the Consent Decree to any contractor or consultant retained to perform work required by the Consent Decree. i A copy of the Consent Decree is included in the Contract Documents and can be viewed at �I ��t ;1��a��.�it �� .�r l��t��?��17�. A hard copy is available upon request at the City's Engineering Department Office. The City must condition any contract to perform work required under the Consent Decree upon j performance of the work in conformity with the provisions of the Consent Decree. ; i The Consent Decree also provides that until five (5) years after the termination of the Consent Decree, � the City must retain, and must instruct its contractors and agents to preserve, all non-identical copies of � all documents, reports, data, records, or other information (including documents, records, or other information in electronic form) in its or its contractors' or agents' possession or control, or that come into � � its or its contractors' or agents' possession or control, and that relate in any manner to the City's � performance of its obligations under this Consent Decree, including any underlying research and analytical data. This information-retention period, upon request by the United States or the State, the City must provide copies of any documents, reports, analytical data, or other information required to be maintained under the Consent Decree. At the conclusion of the information-retention period, the City must notify the United States and the State at least ninety (90) Days prior to the destruction of any documents, records, or other information subject to such requirements and, upon request by the United States or the State, the City must deliver any such documents, records, or other information to the EPA or IDNR. CERTIFICATION BY CONTRACTOR The undersigned, on behalf of the Contractor, with full authority to act on behalf of the Contractor, certifies to the City of Dubuque as follows: SECTION 01000 Page 2 of 2 a � � g . � 1. I have received a copy of the Consent Decree in the case of The United States of ; America, and the State of lowa v. The City of Dubuque, lowa, Civil Action Number � Case 2:11-cv-01011-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90- � 5-1-1-09339, United States District Court for the Northern District of lowa. � d 2. All work performed will be in conformity with the provisions of the Consent Decree. � I� 3. All documents reports, data, records, or other information (including documents, ; records, or other information in electronic form) that relate in any manner to the ' performance of obligations under the Consent Decree, including any underlying ? research and analytical data, will be retained as required by the Consent Decree. ' I; 4. The Contractor agrees to defend, indemnify, and hold harmless the City, its officers, { agents, or employees from and against any claims, including penalties, costs and �� fees as provided in the Consent Decree, relating to or arising out of the Contractor's � failure to comply with the Consent Decree. � � CONTRACTOR: � � „ Contractor �' � BY� �i Signature � u � Printed Name � II Title 'h ; Date i I � � d % i SECTION O1 11 00 �, � SUMMARY OF WORK I, � 1.01 GENERAL � A. APPLICASLE PROVISIONS �� jl C� 1. Applicable provisions of Division O1 shall govern work of this section. '� �� ;� r B. APPLICABLE PUBLICATIONS (NONE) ;I�� C. DESCRIPTION OF WORK 'j 11 M �� l. Existing gazebo to be cleaned and repainted, color specified by City '; '� �t:� 2. Preparation and painting of railings and guardrails attached to gazebo. �� I ?� 3. Painting to include both inside and outside of inetal skirting below gazebo ? �.; slab. i '; �u 4. Repair and/or replace broken/missing architectural ornament(s). Ornaments ' ;I i=� missing or those unable to be repaired by the Contractor shall be replicated to ; �� match the existing ornaments including material, size, shape, color and �1 �.€� hanger. � �� 5. Contractors to determine quantities required to complete job. �q ,� �� l �.� ��:� �1 END OF SECTION '� � Project#16769015 Summary of Work OO 20I8 MSA Professional Services,Inc. O� �� oo'� � a � � � i � : � � �� #� �� '�� ' �� ; � �� .� �. � � � �� ,� �� ! � ,, '� j, ��1`��:�� ' ��t��; , � � ;� - � � ��-��/ � PROJECT 7 C �„��,�� , LOCATION ; � 3� , t �� i �� ' � � ��, �� :.- ��r��:� �� 1 � �� ,. �� il � � �, " �� ' �� •�� % � i� „� �,: � � � i �� ;��€ �� I '"�:'` � �t ��?�� r i ;c � , - F� ,� ��' �` �'. � I �� . I� � � ,:�2 3�� II; t � < . �..- '. , ; �. .� . �m .- . .. ' _ , .... _ � z .. .. . a= i � I� II � I! u ll� II II II � I�� I GAZEBO " LOCATION IN � WASHINGTON � PARK 0 - � R � � ,� w � � � � �� i / � ��/./i�� i �� .�\� 3 ,�� '/ / ��✓� . � �\��u.�s ',f ,��' '� �� -.��i. � . /, ' ,: . -'� � . ;� ii �: .:.� .� ,- . :�- � � �� .. �� I ��, �� i �,��! �� i � ; �i� �s s t '�' � � ��i i�� ,� ` �':i�� r fi i� � ��s�� . k ,. � � �� '%�� , � � ARCHITECTURAL ` � � `� ORNAMENT � �� ;; (2) ROWS OF � � % ,,� EIGHT , � � �%, � � RAILINGS & ! ��-�� GUARDRAILS � Ii ; i ''I , �i ,�, �� V � �t� ; I � \$:; ' � � ��• �� y� � ,i ��: � �� :. �i�� -� �� . � . ti ' ��r�f I j� �:� �� i� �<g� � �� i �� :i . '� ��i/i�s � \ \ \ '��✓� j� i � � � � � � � �� .�� \ �� \ j � y � 6 � � � � ��' ` ��\ �, � � �� `\\ �, '�� jl � � � � � �.�`� - � o � f/ z �� f � �� ,s" ��%r �� a„ �� °� "°�`� OVERALL � �� ,��\. ��;��\�p�\\\��,m'��,t< � �� ' � � °� � GAZEBO � �� ;� �4 �� ,,. � � ,_ ��; ;,q � : j -, � � � E o ;� � u � '1 � 1 � 1 i �) il f LOOKING UP AT � �, UNDERSIDE OF I� � GAZEBO ROOF " DECK I� tl � s I,j I r: II�� ' !il II Ii� II � � � '��c I`�, / � _�� i >��'` �� y"" I � �� , �, , , � �., = . ,_,... � „„ �� i �, c i �I � l � II � � t � � � � ' � � y Y��t�� t i � . . /�: /� 1� �� 1� � � � � �/� �� w, � j �� ,;w=,�;� w•. �, �� .��,� ALL METAL � t � 4 ik 4 �.h ' , ' �Q{ . ; � �� "� �*, "�',,�i '° t::� ��;�. # �, :� � � ' ��{ AND OUTSIDE IDE y ,� , � {�` ��= �� WCLUDING q ��`�A�� SKIRTING BELOW � � �� —�%-�� GAZEBO SLAB � ,� j � ,.... � � � � � � '� � � e G . , � i SECTION O1 33 00 �. � �� SUBMITTALS � � h � PART 1 �GENERAL � � i� :� 1.01 APPLICABLE PROVISIONS ' �� A. Applicable provisions of Division O 1 shall govern worlc of this section. ;I 1 � , 1.02 APPLICABLE PUBLICATIONS (NONE) � � � � � 1.03 DESCRIPTION OF WORK � I �� A. The work under this section shall cover furnishing submittal information as required C 't�' by the contract drawings, other specification sections and as specified herein. '� jl �� 1.04 RELATED WORK ELSEWHERE !I u 1� A. Submittal Log- Section 01 33 23 k� ; �a 1.05 SUBMITTALS ;'� 1� A. As soon as possible after Notice to Proceed, submit brochures of catalog cu.ts and � 1� specifications for all materials. Submittal of product data shall comply with the ! � �� requirements for Submittals. ij i�' B. Prior to fabrication or installation, submit Submittals for review. Each submittal I' i x� shall consist of the minimum number of copies as listed on the submittal log. Two �I i>> will be returned to the Contractor. Should more than two copies of reviewed � �� Submittals be necessary for Contractor's use and distribution, the Contractor shall 'I supply additional sufficient number of Submittals for review as required. ; �� C. Submittals shall include layout details, schedules, setting instructions, and �� M.�3 manufacturer's literature. d ?=� 1. Submittals shall be identified with the name of the project, numbered � f �:; cons�cutively and bear the stamp of review of the Contractor as evidence that '' % '� all drawings have been checked by the Contractor for accuracy and � �'� compatibility with contract requirements. Drawings not so checked and ?� noted will be returned without being examined. ",a 2. Partial lists will not be considered; Submittals for each part of work shall be � �� complete in one submittal. �'! D. If information on previously submitted Submittals is altered, in addition to the ; �� notations made by the City,the Contractor shall bring all changes to the attention of u� the City. Corrections or changes indicated on reviewed Submittals shall not be }=� considered an order for extra work. �, Project#16769015 Submittals ` �2018 MSA Pro£essional Services,Inc. O 1 3 3 OO'1 � r � f k � ` � �, � i I � E. Submittals will not be considered reviewed unless they bear the stamp of review and '� � signature of the City or their representative. Drawings will be reviewed for general � _, compliance only. Dimensions and fit of units of various parts shall be the � � � � Contractor's responsibility. � � F. Prior to work at the site, submit samples allowing reasonable time for review and " � testing. Submit samples in sufficient quantity(minimum of five), of adequate size ` J showing quality, type, color range, finish and texture. Label each sample stating � � material, description, applicable speci�ication sections, intended use,project name, � � � and Contractor's name. � il i§� G. Order no materials subject to sample review until receipt of written shop drawing '� 11 review. Materials installed shall match reviewed samples. No review of samples �I £:' shall change or modify contract requirements beyond the written stipulations of the � �� review. �;� �� 1.06 PERMITS AND APPROVALS � i.. A. Obtain and submit co ies of all ermit s code ins ections and a roval documents A , , , P P PP 1.�� as specified. '' �7 1.07 CONSTRUCTION SCHEDULE � � �� A. Submit a minimum of three (3) copies of a schedule of operation prior to � ��-� construction. The schedule shall provide for activities of the various trades and shall a ��, be sequenced to provide a minimum of interruption to the operation of existing �� facilities. Allow ample time for the Owner to alter operations as required by the � �� construction of the various components of the work. Revised and updated �� %� construction schedule shall be provided throughout the construction as deemed ',� �'� necessary and requested by the City. ' ', ��a �� B. Work will be allowed on the Gazebo only on Monday, Tuesday, Wednesday, � ��i and'�hursday each week. 'I'he site shall�be ciean and avaiiable to the public for I �� normal use Friday, Saturday, and Sunday. i H �� C. The construction schedule shall be supplemented by a list of Submittals, dates they �,� will be submitted for approval and a reasonable time allowance for review. u � s�3 1.08 SUBMITTAL LOG v.� A. A submittal log is included as Section O1 33 23 of this Project Manual, which lists 3� the minimum required Submittals, product data, samples, and operation and �� maintenance manuals.Additional submittals not listed on the log may be required by j� the City during the course of construction. All submittals to the City shall include the �' �� submittal number shown on the log. The minimum number of copies to be submitted �� is shown on the submittal log. Any additional copies required by the Contractor may �m be submitted in addition to the number shown on the log. Project#16769015 O1 33 00-2 Submittals ,� OO 2018 MSA Professional Services,Inc. 7 � 4 rF p, � PART 2 PRODUCTS AND MATERIALS (N/A) � `' PART 3 CONSTRUCTION METHODS (N/A) � > PART 4 MEASUREMENT AND PAYMENT � 4.01 GENERAL � � � A. Submittals shall be paid for at the bid price in accordance with one of the following � methods, unless indicated otherwise in the Bid Schedule or Special Procedures - � 1 Division O1. � '� � B. All worlc specified herein shall be considered in each of the measurement and �I �� payment method(s) stipulated; unless indicated otherwise in the Bid Schedule or � 1 t� Special Procedures -Division O1. � r: � � 4.02 SUBMITTALS il li � I, €.m A. Submittals, Inclusive. The cost for all submittals shall be considered inclusive to � �� payment for work related to the respective equipment, associated construction, or �� utility, unless indicated otherwise in the Bid Schedule or Special Procedures - � �� Division O1. � i �� ` END OF SECTION II''' �_ �� f � i i E E � � � I I Project#16769015 Submittals � �2018 MSA ProFessional Services,Inc. 0� �� oo—� il iI � I � 17 � � 1 SHOP DRAWINGS� PRODUCT DATA�AND SAMPLES SUBMITTAL LOG Page 1 of 1 ; PROJECT: MSA PROJECT NO: 16769015 i CONTRACTOR: ' � Referred Action #copies to i � � � �I o � s � u � .� Y z �, � b ,� � � � � `� li � � � � � � � � b ° �I p � � p Date > � > � °; � � '� '° � S ec Section Date � � � � � � ° � Date b ' S ec Section# Title/Product Rec'd � ,� � To Date Sent Reviewed � v � v � a Ret'd � o w w i� I '•09 91 00 Painting 6 � ' � i I; I E � �� W 1 � I � I � � � il � II i ; II I � � I!. �».e �..e .e. � ' 1 � I 1 I il� �I � I� � , I i ! I ' ' � O1 33 23-1 Shop Drawing Log � � � R s �� ,� � 1 SECTION O1 50 00 � � • �� TEMPORARY FACILITIES AND CONTROLS =� � PART 1 GENERAL � 1.01 APPLICABLE PROVISIONS A. Applicable provisions of Division O1 shall govern work of this section. � i � 1.02 APPLICABLE PUBLICATIONS (NONE) { ,I � � 1.03 DESCRIl'TION OF WORK I � ��? A. The work under this section shall cover all materials, equipment, tools, labor and �1 supervision necessary to execute the temporary facilities and controls required for the ;� ;�' work. `� u u �� 1.04 SUBMITTALS (NONE) �'�I ii i� 1.05 OPERATION/MAINTENANCE MANUALS AND 1NSTRUCTIONS (NONE) y ��I i:� PART 2 PRODUCTS AND MATERIALS (NONE) � i ir� PART 3 CONSTRUCTION METHODS (N/A) II ��` 3.01 PROGRESS CLEANING AND WASTE REMOVAL � � 1� A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in clean ii �� and orderly condition. � �� B. Collect and remove waste materials, debris, and rubbish from site periodically and � �; dispose off-site. ;i I �� C. Park trash receptacles are not permitted to be used for waste materials related to the '> project. �=� D. Brushes,painting equipment or other painted contaminated items are not permitted to ?� be cleaned on-site with City water supply or in any City owned fixtures. �� 3.02 BARRIERS �� A. Provide barriers to prevent unauthorized entry to construction areas to allow for ''� Owner's use of site, and to protect existing facilities and adjacent properties from � �;� damage from construction operations and demolition. Project#16769015 Temporary Facilities and Controls � �2018 MSA Professional Services,Inc. O� �0 00'� 9 9 � � � i � B. Provide barricades and covered walkways required by authorities having jurisdiction i � for public rights-of way [and for public access to existing building]. � �� C. Provide protection for plants designated to remain. Replace damaged plants. � � � D. Protect non-owned vehicular traffic, stored materials, site, and structures from � > damage. C� 3.03 REMOVAL OF UTILITIES,FACILITIES, AND CONTROLS ii� 7 A. Clean and repair damage caused by installation or use of temporary work. � � � B. Restore existing facilities used during construction to original condition. Restore � � permanent facilities used during construction to specified condition. 1�t END OF SECTION J � ;i i� i �� ;j �i � �; , � � � i I' ii I d � 9 � � Project#16769015 7 ^ Temporary Facilities and Controls ° �2018 MSA Professional Services,Inc. O 1 �O oo—G � � � 1 SECTION 09 91 00 � � 2 � � 3 PAINTING ,� 4 PART 1 GENERAL 5 1.01 APPLICABLE PROVISIONS i� 6 A. Applicable provisions of Division O1 shall govern work of this section. � 7 1.02 APPLICABLE PUBLICATIONS �, �I 8 A. The following publications of the issues listed below, but referred to thereafter by i! ; 9 basic designation only, form a part of this specification to the extent indicated by I� 10 the reference thereta ;� 11 l. American Society for Testing and Materials (ASTM), Annual Book of !i 12 ASTM Standards: � , 13 � a. ASTM D16 - Definitions of Terms Relating to Paint, Varnish, � 14 Lacquer and Related Products, Current Edition. � 15 b. Appendix 1 with manufacturer installation instructions. ,'; 16 1.03 DESCRIPTION OF WORK '� �;; ,; 17 A. The Contractor shall paint all surfaces required as indicated in the summary of '� 18 work and as specified herein. The work includes painting and.finishing items and 19 surfaces and preparation of surfaces to receive coatings throughout the project as 20 called out in the schedule of work, or by direction of the City. Final color shall be I!I 21 selected by City from samples submitted by Contractor. '�j � � 22 B. Paint all metal surfaces exposed where the natural finish of the material is N 23 obviously intended or specifically noted. Where items or surfaces are not !j 24 specifically mentioned, paint these the same as adjacent similar materials or areas. ;I 25 Color shall be selected by City from samples submitted by Con�ractor. N 26 C. Unless otherwise specified, shop primer coats are included under the various i 27 sections for structural steel, miscellaneous metal, hollow metal work, architectural i,� 28 woodwork, and shop-fabricated or factory-built mechanical and electrical F 29 equipment, and similar items, and are not included herein. E� 30 D. Contractar shall paint existing surfaces damaged by his construction activities and � 31 surfaces to receive work. Surface preparation and painting system shall be as � 32 scheduled in this section and completed per manufacturer recommendation. Color C 33 shall be selected by City from samples submitted by Contractor. s f 34 E. Examine specifications and drawings of all other trades and become thoroughly �, 35 familiar with provisions regarding their painting. , ''s Project#16769015 nn Painting �2018 MSA Professioual Services,Inc. 07 7� oo'� i � � � 1 1.04 RELATED WORK ELSEWHERE �j !, i 2 A. Procurement and Contracting Requirements -Division 00 (All Sections) '; �� 3 1.05 SUBMITTALS I� �� 4 A. Submit three (3) copies of manufacturer' s specifications, including label analysis j 5 and application instructions for each material specified. Furnish a complete set of �I 6 color cards of proposed products to the City for color selection by the City. li , 7 B. Submittals for products other than those specified as the standard of quality in this �� 8 - specification; shall be presented ten (10) days before bid date along with � 9 manufacturer' s data sheets, and written performance criteria comparisons. No ' 10 coating system shall be approved that changes generic type, thickness, number of �i 11 coats or level of quality without written permission of the City. �; !i 12 1.06 OPERATION/MAINTENANCE MANUALS AND INSTRUCTIONS (NONE) I� ;� 13 1.07 QUALITY CONTROL 14 A. Sefore proceeding with painting, finish one complete sample panel or space of I 15 each color scheme showing selected color, finish texture, and workmanship. j 16 After approval, these sample areas shall serve as the standard for similar work �' 17 throughout. 18 B. Prepare sample panels of painted work. Approved samples will be kept on job for �j 19 comparison. City reserves right to select unopened containers of materials f�, 20 furnished on job and have materials tested at an approved labaratory. City will " 21 pay for first tests. Retests of rejected materials and tests of replacement materials `�� 22 shall be paid for by Contractor. Remainder of contents of containers not required ' ; 23 for testing will be returned to Contractor. 24 1.08 �EC'aULATORY REQLTIREl�i1EIVTS � � 25 A. Conform to State Building Code for flame/fueUsmoke rating requirements for � 26 finishes. ' � 27 1.09 DEFINITIONS 28 A. "Paint" as used herein means all coating systems materials, including primers, � 29 emulsions, enamels, epoxies, stains, varnishes, sealers and fillers, and other 30 applied materials whether used as prime, intermediate or finish coats. i � A V � Project#16769015 09 91 00-2 Painting � �2018 MSA Professional Services,Inc. � i s fi 1 PART 2 PRODUCTS AND MATERIALS 2 2.01 ACCEPTABLE MANUFACTURERS 3 A. Sherwin Williams ar approved equal. � � 4 2.02 MATERIALS q 5 A. Primer: Sherwin Williams BSOWZ0001 —Kem Kromik Universal Metal Primer 6 off White or approved equal. ; 7 B. . First coat: Sherwin Williams B66W01251 — Pro Industrial DTM Acrylic Eg-Shel � 8 Extra White or approved equal. � 9 C. Second coat: Sherwin Williams B66W01251 — Pro Industrial DTM Acrylic Eg- ; 10 Shel Extra White or approved aqual. i 1 11 D. Provide the best grade (quality) of the coatings as regularly manufactured by � 12 approved paint materials manufacturers for specific materials and weather I� 13 conditions the gazebo will be exposed to. I 14 PART 3 CONSTRUCTION METHODS DELIVERY STORAGE AND PROTECTION II'' 15 3.01 , , 16 A. Deliver all materials to the job site in original, new and unopened packages and 17 containers bearing manufacturer' s name and label. Labels on each container shall ' 18 furnish the following information: 19 1. Manufacturer' s Name and Type of Material �i 20 2. Federal Specification Number, if applicable 21 3. Manufacturer' s Stock Number and Batch Number ; 22 4. Contents by Volume of Major Pigment and Vehicle Constituents 23 5. Thinning Instructions 6 24 6. Application Instructions 25 7. Color 26 3.02 SUBSTRATE EXAMINATION 27 A. Examine all surfaces to which paint is to be applied, and the conditions under � 28 which the work is to be performed. The Applicator shall notify the Contractor and 29 City in writing, of any conditions detrimental to the performance of this work. Do 30 not proceed with this work until unsatisfactory conditions have b.een corrected and 31 are acceptable to the Applicator. Starting of painting work will be construed as 32 the Applicator' s acceptance of the surfaces and conditions. n � Project#16769015 Painting �2018 MSA ProfessionalServices,�n�. 09 91 00-3 � � � 1 3.03 SURFACE PREPARATION, GENERAL ' � 2 A. Previouslv Coated Surfaces: Maintenance painting will frequently not permit or �� 3 require complete removal of all old coatings prior to repainting. However, all '� � 4 surface contamination such as oil, grease, loose paint, mill scale, dirt, fareign � 5 matter, rust, mold, mildew, mortar, efflorescence, and sealers must be removed to 4 6 assure sound bonding to the tightly adhering old paint. Glossy surfaces of old N 7 paint films must be clean and dull before repainting. Thorough washing with an ' 8 abrasive cleanser will clean and dull in one operation, or, was thoroughly and dull ; 9 by sanding. Spot prime any bare areas with an appropriate primer. Recognize that � 10 any surface preparation short of total removal of the old coating may compromise ;�i 11 the service length of the system. Check for compatibility by applying a test patch � 12 of the recommended coating system, covering at least 2 to 3 square feet. Allow to � 13 dry one week before testing adhesion per ASTM D3359. If the coating system is �� 14 incompatible, complete removal is required. ; �� 15 B. Hand Tool Cleanin�: Hand tool cleaning removes all loose mill scale, loose rust, ;I 16 and other detrimental foreign matter. It is not intended that adherent mill scale, �� 17 rust, and paint be removed by this process. Mill scale, rust, and paint are � 18 considered adherent if they cannot be reznoved by lifting with a dull putty knife. �, 19 Beforehand tool cleaning, remove visible oil, grease, soluble residues, and slats by li 20 the methods outlined in SSPC-SP.1 For complete instructions, refer to Steel � I,j 21 Structures Paint Council Surface Preparation Specification No. 2 (SSPC-SP2) �j �I 22 C. Brush-Off Blast Cleanin�: A Brush-Off Blast Cleaned surface, when viewed � 23 without magnification, shall be free of all visible oil, grease, dirt, dust, loose mill � 24 scale, loose rust, and loose paint. Tightly adherent mill scale, rust, and paint may � 25 remain on the surface. Mill scale, rust and coating are considered adherent if they ' 26 cannot be removed by lifting with a dull putty knife. Before blast cleaning, visible ; 27 deposits of oil or grease shall be removed by any of the methods specified in �I 28 SSPC-SP1 or other agreed upon methods. For complete instructions, refer to Joint li 29 Surface Preparation Standard(SSPC-SP7/NACE No. 4) � 30 3.04 PREPARATION, FERROUS METALS 31 A. Wash steel, tin and iron surfaces with TSP to remove dirt and grease. Where rust � 32 or scale is present, prepare surface in accordance with painting manufacturer � 33 recommendations; thoroughly wire brush surfaces before priming. Apply primer ' 34 immediately after surface preparation. Clean and touch up shop primer that has 35 become marred. A tape test shall be used to determine acceptability of the 36 cleaned surface for coating application. � � 37 3.05 MATERIAL PREPARATION � 38 A. Mix and prepare painting materials in accordance with manufacturer' s directions. � 39 Stir materials before application to produce a mixture of uniform density, and stir � � � Project#16769015 nn Painting 0 2018 MSA Professional Services,Iuc. 07 >� 00-4 i � 1 as required during the application of the materials. Do not stir surface film into the � 2 material. Remove the film and, if necessary, strain the material before using. a � 3 3.06 COLORS � 4 A. Color shall be selected to best match the original painted color. Contractor shall i 5 furnish a complete set of similarly colored cards of the proposed finish coating 6 product to the City for final color selection by the City. � � 7 B. Primer: Sherwin Williams BSOWZ0001 —Kem Kromik Universal Metal Primer � 8 off White or approved equal. � 9 C. First coat: Sherwin Williams B66W01251 — Pro Industrial DTM Acrylic Eg-Shel � 10 Extra White or approved equal. � 11 D. Second coat: Sherwin Williams B66W01251 — Pro Industrial DTM Acrylic Eg- � 12 Shel Extra White or approved equal. ��'; � II 13 3.07 APPLICATION i � 14 A. Apply paint in accordance with the Manufacturer' s directions. Use applicators ii 15 and techniques best suited for the type of material being applied. �I 16 B. Do not apply exterior paint in cold, foggy, damp or rainy weather. Do not apply I�'! ;� 17 paint exterior when temperature is lower than 50 degrees F and rising ar as �! 18 recommended by the Manufacturer. i r 19 C. Brush or roll materials smoothly in solid, even colors without drops, runs, lumps, i 20 defective brushing, discoloration or clogging of lines and angles. Make edges of ` 21 paint adjoining other materials or colors sharp and clean without overlapping. � 22 D. Coats shall be thoroughly dry before applying succeeding coats. Unless otherwise � 23 approved, allow 48 hours minimum drying time during favorable drying � 24 conditions between coats or as recommended by Nlanufacturer. Weather � 25 conditions may require longer drying time. 26 E. At completion, touch up and restore finish where damaged. Contractar is � 27 responsible to correct any damage to the surrounding materials or furnishing 28 caused by the paint preparation or placement process 29 3.08 PROTECTION ° i � 30 A. Protect work of other trades, whether to be painted or not, against damage by � 31 painting and finishing work. Correct any damages by cleaning, repairing or ! � 32 replacing, and repainting, as directed by the City. Provide "Wet Paint" signs as ! � 33 required to protect newly painted finishes. Remove temporary protective � ; � � Project#16769015 Painting ; �2018 MSA ProfessionalSen�ices,��. 09 91 00-5 . a , , ; i � � � � li 1 wrappings provided by others for protection of their work after completion of � 2 painting operations. Contractar is responsible to correct any damage to the � 3 surrounding materials or furnishing caused by the paint preparation or placement � 4 process � , I 5 3.09 CLEAN-UP � h 6 A. During the progress of the work, remove from the project all discarded paint b 7 materials, rubbish, cans and rags. Upon completion of painting work, clean all � i, 8 window glass and other paint-spattered surfaces. Remove spattered paint by ; 9 proper methods of washing and scraping, using care not to scratch or otherwise � 10 damage finished surfaces. � ; i 11 PART 4 MEASUREMENT AND PAYMENT ' 12 4.01 PAINTING i 13 A. Paintin ,g Lum Sum. Payment for painting of inetal material shall be inclusive to �, 14 the contract lump sum price far Gazebo Painting. '' 15 i 16 END OF SECTION �j � 1, , i '� !i ,I i � 1 �i � I � � � � k Project#16769015 09 91 00-6 Painting �� 2018 MSA Professional Services,Iuc. @@@ �I � � i � � � � � 'I � ;� ,� i� � i ii 'i �il' '1 '�� I{ I i� �� , , w � _ SECTION 00401 � Page 1 of 4 � BID PROPOSAL FORM � SECTION 00401 ;� , PROJECT: WASHINGTON PARK GAZEBO PAINTING PROJECT � BID TO: Office of Leisure Services Department 2200 Bunker Hill Road Dubuque, lowa 52001 I BID DUE: Bids are due by 10:00 AM on P11ay 4, 2418 � BiD FROiVI: � `� , � �� o � �' �,,�'�• (Company) � li -�� .r�`y �`'�' (Address) 'I i t,�/ ��' . ,� � (City, State, Zip) ;, .��"�� (Telephone) !� ;� ; 401.1 General �� The undersigned Bidder agrees, if the Bid is accepted, to enter into a Contract with the City, in li the form included in the Contract Documents, to perform and furnish the Work as specified or ii indicated in the Contract Documents for the Base Bid Lump Sum Price and within the Bid time � indicated in the Contract Documents and in accordance with other #erms and conditions of the I; Contract Documents. � 401.2 Recitals '� In subrriitting this Bid, Bidder represents, as rr�ore fully set forth in the P�blic lmprovement � Contract, that: � a. This Bid will remain subject to acceptance for forty-five (45) calendar days after the a day of Bid opening; b. The City has the right to reject this Bid and to waive any informalities in the bidding; c. Bidder accepts the provisions to the Instructions to Bidders regarding dispositions of Bid Security; d. Bidder will sign and submit the Improvement Contract with the Bond and other documents required by the Contract Documents within ten (10) calendar days after notification from the City; The Bidder hereby certifies that they are the only person or persons interested in this proposal as principals; that an examination has been made of the plans, specifications, contract form, including the special provision contained herein, and the work site, and the Bidder understands ' that the quantities of work shown herein are approximate only and are subject to increase or decrease; and further understands that all quantities of work, whether increased or decreased, � � SECTION 00401 Page 2 of 4 are to be performed at the lump sum price as stipulafied herein; the Bidder proposes to furnish all necessary machinery, equipment, tools, labor and other means of construction, and to ' furnish all materials specified in the manner and time prescribed and to do the work at the � prices herein set out. '� ) � 401.3 Bidder's Acknowledqment i In submitting this Bid this Bidder acknowledges and represents that: 1) Bidder has examined copies of all the Contract Documents; �I j 2) Bidder has visited the Place of Work and become familiar with the general, local, �q and site conditions; '�! � 3) Bidder is familiar with federal, State, and local laws', ordinances and regulations i� that govern the work specified by the Contract Documents; l' ,I 4) Bidder has correlated the information known to the Bidder, observations obtained � from the examination of the site, reports and drawings identified in the Contract ! Documents and additional investigations, explorations, tests, studies and data i� within the Contract Documents; 5) The Bid is genuine and not made in interest of or on the behalf of an undisclosed , person, firm or corporation; I 6) This Bid is not made in the interest of or on behalf of an undisclosed person, firm �� or corporation; Bidder has not directly or indirectly induced or solicited another � Bidder fio submit a false or sham Bid; Bidder has,not solicited or induced a person, !I firm or corporation to refrain from Bidding; and Bidder has not sought by collusion to obtain for itself an advantage over another Bidder or over City; j 7) Local and State sales and use taxes are not included in the Bid Amount. 'h 8) Addenda � r a knowled es recei t of the foilowin addenda: � �he �idde c g p g � Dated: � - �� ,� Dated: � �1�� Dated: 1 � � � SECTION 00401 � Page 3 of 4 ! � 401.4 Bid Amount (WASHINGTON PARK GAZEBO PAINTING) Bidder will complete the work in accordance with the Contract Documents for the following: Lump Sum Bid Amount $ . �f > G�� (figur s) � � ��.,�.�'�'i . / /�'�' �� ,�- `� ,� �� i (use words) An written exclusions on the Bid Form ma render the Bid as nonres onsive and ma � Y Y p Y � result in a rejection of the Bid by the City. r; 401.6 Timeliness '� 6� , Bidder agrees that the work on said base bid improvement must be fully completed on or ;i before August 1, 2018 as indicated in Section 00800 — Construction Schedule and Agreed �i Cost of Delay. Work will be allowed on the Gazebo seven days a week with the exception of � 4 events during the months of May and June in Washington Park. The Contractor shall i: coordinate with the Leisure Services Department to minimized conflicts with said events. , The site shall be clean and available to the public for normal use on dates which will be � provided by Leisure Service Department at the pre-construction meeting. �� 401.7 Additional Documents To Be Submi�ted With Bid ; The following additional documents are included and made a condition of this Bid: � A. Bid Bond Section (00450)—or other approved Bid Security. Accompanying this Bid in a separate sealed envelope is a Bid Bond, cashier's check, or certified check in the penal sum of ten percent (10%) of the submitted Bid. It is understood that the Bid security will be retained in the event a contract is not executed by the Gontractor if award is made to the undersigned. !f a �id Bond is submitted it must be executed by the Bidder and acceptable corporate surety. If a Cashier's check or certified check is submitted it must be made payable to the City Treasurer, City of Dubuque, drawn on a bank in lowa or a bank chartered under the laws of the United States. 401.8 Contract Execution The Bidder further agrees to execute a formal contract and Bond, within ten (10) calendar days after the date of the City's Notice of Award. The Bidder also agrees it will commence work on or before (10) calendar days after the date of City's Notice to Proceed, and it will complete the work within the specified contract period or pay the Agreed Cost of Delay stipufated in the Contract Documents. 401.9 Questions and Interpretations Failure by the Bidder to request clarification of the Contract Documents during the bidding process daes not waive the responsibility for comprehension of the documents and � performance of the work in accordance with the Contract Documents. Signing of the Bid I SECTION 00401 � Page 4 of 4 Proposal Form constitutes the Contractor's certification as implicitiy denoting thorough � I comprehension of intent of the Contract Documents. 11 � 401.10 Siqnatures � ��;� i Contractor: ` � I� ��,�� f,�� - .�� ;� , .� Contractor Name � � �� Street(Business ocation) i ; �� Street(Business Location) i � City � � � '�; �� ' �, State Zip `i ,--'J � I i , .� �� -"� i � �� , �� ignature � Date I� � 5 ��`i'�7��`� ',i T{ I ;� ; � a � � ,M li ___= END OF SECTION 00401 =__= II i �� . ` i� Ir � � � � � � � � � r � E