davenport community school district network rewire phase 3 2019 · 2019. 7. 29. · davenport...

Davenport Community School District

Network Rewire Phase 3 2019 Davenport, Iowa Davenport Community School District

1702 N. Main St.,

Davenport, IA 52803

PROJECT MANUAL July 22, 2019

DE PROJECT # 19035

IOWA 8801 Prairie View Lane SW, Suite 200

Cedar Rapids, IA 52404-4850

319.841.1944

WISCONSIN 437 S. Yellowstone Drive, Suite 110

Madison, WI 53719-1042

608.424.8815

[email protected]

PROJECT MANUAL

Davenport Community School District

Network Rewire Phase 3 2019

Davenport, Iowa

PRE-BID CONFERCE: 2:00 p.m., Central Time, August 1, 2019

ASC – Conference Room 313, 1702 N. Main St.,

Davenport, IA 52803

BIDS DUE: 2:00 p.m., Central Time, August 19, 2019

ASC – Conference Room 313, 1702 N. Main St.,

Davenport, IA 52803

DESIGN PROFESSIONAL: Design Engineers, P.C.

8801 Prairie View Lane SW, Ste. 200 Cedar Rapids, IA 52404

Tel 319.841.1944

DE Project No.19035 July 22, 2019

Davenport Community School District DE #19035 Network Refresh Phase 3 - 2019

TABLE OF CONTENTS

00 0001-1

SECTION 00 0001 - TABLE OF CONTENTS DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

00 0001 Table of Contents 2

00 0020 List of Drawings 2

00 0030 Advertisement for Bids 8

00 0300 Bid Form 2

00 0400 Bid Bond 2

00 0500 Agreement 2

00 0700 General and Supplementary Conditions 30

00 6113 Bonds and Certificates 2

DIVISION 01 - GENERAL REQUIREMENTS

01 1000 Summary of Work 4

01 2200 Unit Prices 2

01 2300 Alternates 2

01 2600 Contract Modification Procedures 2

01 2900 Payment Procedures 2

01 3100 Project Management and Coordination 8

01 3200 Construction Progress Documentation 4

01 3300 Submittal Procedures 6

01 4000 Quality Requirements 6

01 4200 References 16

01 6000 Product Requirements 6

01 7300 Execution 6

01 7329 Cutting and Patching 4

01 7700 Closeout Procedures 4

DIVISION 05 - METALS

05 5000 Metal Fabrication 4

DIVISION 26 - ELECTRICAL

26 0010 Electrical General Provisions 8

26 0519 Low-Voltage Electrical Power Conductors and Cables 4

26 0526 Grounding and Bonding for Electrical Systems 2

26 0529 Hangers and Supports for Electrical Systems 4

26 0533 Raceway and Boxes for Electrical Systems 6

26 0553 Identification for Electrical Systems 2

26 2726 Wiring Devices 4


TABLE OF CONTENTS

00 0001-2

DIVISION 27 - TELECOMMUNICATIONS

27 0010 Telecommunications General Provisions 12

27 1000 Telecommunications Grounding and Bonding 4

27 1100 Telecommunications Cabling and Equipment 10

27 1200 Telecommunications Testing and Documentation 4

27 5000 Intercom System 2

END OF SECTION 00 0001


LIST OF DRAWINGS 00 0020-1

SECTION 00 0020 – LIST OF DRAWINGS

General

G100 COVER SHEET Architectural

A101 ARCHITECTURAL ENLARGE VIEW – SMART INTERMEDIATE Telecommunications

TD100 TELECOM DEMOLITION PLAN - JEFFERSON ELEMENTARY– LOWER LEVEL TD101 TELECOM DEMOLITION PLAN - JEFFERSON ELEMENTARY – LEVELS ONE AND TWO TD110 TELECOM DEMOLITION PLAN - SMART INTERMDIATE – LEVEL ONE TD111 TELECOM DEMOLITION PLAN - SMART INTERMDIATE – LEVEL TWO TD112 TELECOM DEMOLITION PLAN - SMART INTERMDIATE – LEVEL THREE T100 TELECOM PLAN - JEFFERSON ELEMENTARY– LOWER LEVEL T101 TELECOM PLAN - JEFFERSON ELEMENTARY– LEVELS ONE AND TWO T110 TELECOM PLAN – SMART INTERMEDIATE – LEVEL ONE T111 TELECOM PLAN – SMART INTERMEDIATE – LEVEL TWO T112 TELECOM PLAN – SMART INTERMEDIATE – LEVEL THREE T400 TELECOM ENLARGE VIEWS – JEFFERSON ELEMENTARY T401 TELECOM ENLARGE VIEWS – SMART INTERMEDIATE T500 TELECOM SCHEMATICS AND DETAILS T501 TELECOM SCHEMATICS AND DETAILS T502 TELECOM SCHMEATICS AND DETAILS T503 TELECOM SCHEDULES AND DETAILS



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DAVENPORT COMMUNITY SCHOOL DISTRICT

1702 N. MAIN ST.

DAVENPORT, IOWA 52803

BID NUMBER 806

REQUEST FOR BID

The Davenport Community School District (“District”) invites written sealed bids for “Network Refresh – Phase

III”. The bid shall be submitted in accordance with the Provisions, Specifications, General Instructions, Request for

Bid and Conditions of Purchase. Bids will be received by the Director of LIS, at the Davenport School District, JB

Young Opportunity Center, located on the 3rd floor at 1702 N. Main St, Davenport, Iowa 52803.

PROJECT –

Network Refresh – Phase II To include the following locations:

Smart Intermediate – 1934 W. 5th St., Davenport, IA 52802

Jefferson Elementary – 1027 N. Marquette St., Davenport, IA 52804

RELEASE DATE: July 25, 2019

Davenport Community School District will release all plans and specifications.

PRE-BID CONFERENCE: August 1, 2019 @ 2:00 p.m.

A pre-bid conference will be held at ASC – Conference Room 313, at 1702 N. Main St., Davenport, IA 52803, to

discuss objectives and answer questions relating to this invitation to bid. Bidders’ attendance is not required but

strongly encouraged.

BIDS RECEIVED: August 8, 2019 – 2:00 p.m..

A bid opening will be held at ASC – Conference Room 313, at 1702 N. Main St., Davenport, IA 52803. Bids must

arrive on or before the published bid opening time. Upon designated bid opening time, all bids will be opened and

read aloud. Bids must be submitted on the enclosed bid form. Bids must be submitted in a sealed envelope clearly

marked “Network Refresh – Phase III”. Faxed or Emailed bids will not be accepted. Late bids will be returned

unopened.

AWARD OF CONTRACT: August 12, 2019

A contract shall be awarded by the Board of Directors at their regularly scheduled board meetings. Meetings shall be

held at the Achievement Service Center, 1606 Brady Street, Davenport Iowa 52803 at 6:00 p.m. local time. The Board

of Directors reserve the right to reject any or all bids, or any part thereof, and to waive irregularities, as allowed by

law, and to enter into such a contract or contracts that are deemed to be in the best interests of the School District. The

decision to award the Contract shall be final.

START OF CONSTRUCTION: August 19th, 2019

COMPLETION OF CONSTRUCTION: October 31, 2019

The District requires the work to be substantially complete prior to the date above and finally complete on November

30, 2018.


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INTENT:

It is the intent of this Invitation for Bid to establish a firm fixed price contract with a contractor for Network Refresh

– Phase III in accordance with the Plans, Specifications and Project Manual if any.

BASIS OF AWARD:

It is the intent of the District to award a contract to the lowest responsive, responsible bidder, provided the apparent

low bid has been submitted in accordance with the requirements of the bidding documents and is determined to be

compliant with all bidding requirements, taking into consideration allowable factors which may include, but are not

limited to price, quality, delivery, ability, past work history, and any other factors the District determines to be relevant.

SCOPE:

Furnish all labor, materials, tools equipment, and supervision to complete said project.

TERMS:

The term of this contract will be for a one (1)-time purchase beginning August 19, 2019 and ending October 31, 2019.

PRICE:

The price will be a firm/fixed priced contract unless; the School District makes changes in writing by altering, adding

to or deducting from the work. The contract sum will then be adjusted according.

BIDDER QUALIFICATIONS:

Before the award of contract, the apparent low bidder may be required to show that they have the necessary experience,

facilities, ability and financial resources to perform the work in a satisfactory manner and within the time stipulated.

Note: You must be registered with the State of Iowa and have an Iowa Contractor’s Registration number and be

acceptable to the District, Code of Iowa 91C

MODIFICATION OR WITHDRAWAL OF BID:

A bidder may modify or withdraw its bid in person by his/her representative provided proper identification is presented

before the official closing date and time.

No bid may be withdrawn for a period of forty - five (45) calendar days after the opening thereof under penalty of

forfeiture of bond unless the District determines it to be in the best interest of the District.

INTERPRETATION OF CONTRACT DOCUMENTS:

Any person contemplating, submitting a bid on this project and is in doubt as to the true meaning of any part of the

drawings, specifications, or other proposed construction documents, shall submit to the District in writing a request

for an interpretation. Request should be received not less than seven (7) calendar days before the bid date. The person

submitting a request will be responsible for its prompt delivery. Clarification to the bid documents will be issued in

writing and returned to the person in a timely manner. Should the bid document require revisions it will be sent to all

bidders of record using a written addendum. See Addendum.

RESERVED RIGHTS OF THE SCHOOL DISTRICT: Rejection of bids:

The Board of Directors may make the contract award to the lowest responsive, responsible bidder based on based bid

and selected alternates and in conformance to the Bid Documents prepared by Project Architect. The right is reserved

to reject any or all bids, or any part thereof, and to waive information as allowed by law, and to enter into such contract

or contracts as shall be deemed in the best interests of the District.

All bids submitted for evaluation become the property of the School District and shall be public records subject to

disclosure. Bidder shall be informed in writing of the District’s award.

Any bid may be rejected outright and not evaluated for any one of the following reasons:

• Failure to deliver the bid by the prescribed time on the due date.


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• Failure to include the required response form (s) signed by an officer of the company submitting the bid. • Failure to include any documents called for in the specifications. • Failure to follow the bid form instruction as specified herein.

The District shall be obligated only for those services rendered and accepted before the date of notice of termination,

less any damages that may be assessed for non-performance.

Notwithstanding any other provisions of the contract, if funds anticipated for the continued fulfillment of this contract

are at any time not forthcoming or insufficient, either through the failure of the State or the District to appropriate

funds or through discontinuance of material alteration of the program for which funds were provided, the District shall

have the right to terminate this contract without penalty by giving not less than thirty days written notice to the

contractor.

NO DAMAGE FOR DELAY:

The District will not be responsible for any delays in projects due to unforeseen conditions or circumstances.

PAYMENT TERMS:

The District will make progress payments as outlined in the contract and make final payment after final acceptance of

work in accordance with Iowa law.

INVOICING:

All invoices received for payment must be approved by the Board of Directors for the District at their regularly

scheduled meetings. Payments will not be made outside of the District’s normal payment cycle.

TAXES:

Contractors in submitting a bid DO NOT include Iowa taxes due. Tax exemption certificates will be furnished to the

successful contractor and sub-contractors. A copy of this document must be presented to your supplier(s) prior to

purchasing your materials.

Tax exemption certificates will be issued by the District one time only. It is the responsibility of the general contractor

or Construction Manager to submit a list of all sub-contractors requiring tax exemption certificates to the District

project manager for review. All certificates will be sent to the general contractor or Construction Manager. It will be

the responsibility of the general contractor or Construction Manager to record and distribute the certificates to his/her

subcontractors.

Code of Iowa states it is illegal for a contractor/sub-contractor to use or allow another contractor to use the certificate

issued by the Davenport Community School District on another project

Complete information on qualifying materials can be found on the Department of Revenue website.

www.state.ia.us/tax.

Out of state taxes need to be included on purchases of materials and/or services made out of the State of Iowa.

LIEN WAIVERS/IOWA CODE CHAPTER 573 CLAIM RELEASES:

Contractors must include all final lien waivers and/or Iowa Code Chapter 573 claim releases when submitting your

final pay application. Final payment application submitted without Final Lien Waiver attached will be returned to

contractor.

NOTICE TO BIDDERS:


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Each bidder, before submitting a bid, shall become fully informed as to the extent and character of the work required.

No consideration will be granted for any alleged misunderstanding of the materials to be furnished or the work to be

done; it is further understood that the submission of a bid is an agreement to all items and conditions referred to herein.

IOWA PREFERENCE REQUIREMENTS:

A preference shall be given by the contractor to Iowa residents in hiring for the construction of buildings or public

improvements. (Iowa Code # 73.3)

RESIDENT BIDDER STATUS:

In accordance with Department of Labor Rules located at 875 IAC 156.2, the Owner requests a statement from each

bidder regarding the bidder’s resident status. http://www.iowaworkforce.org/labor/bidderstatusform.pdf. This

statement shall require each bidder to certify whether the bidder is a resident builder or non-resident bidder. The

statement must be signed by an authorized representative of the bidder. A fully completed statement shall be deemed

to be incorporated by reference representative of the bidder. A fully completed statement shall be deemed to be

incorporated by reference into all project bid specification and contract documents with any bidder on the Project.

Failure by any bidder to provide a complete statement with its bid may result in the Owner rejecting the build as non-

reference.

ADDENDUM:

Necessary revisions to the bidding document will be issued as a written addenda prior to the bid date to all known to

have received a copy of the bidding documents and will become part of the bidding documents. Interpretation,

corrections or changes of the bid documents made in any other manner shall not be binding, and bidders shall not rely

upon such interpretations, corrections or changes.

CORRECTIONS OF ERRORS ON BID FORMS:

All prices and notations should be in ink or typewritten. Errors should be crossed out, corrections entered and initialed

by the person signing the bid. Erasures or the use of typewriter correction fluid may be cause for rejection. No bid

shall be altered or amended after specified time for opening.

RESPONSIBILITY OF CONTRACTOR: The contractor shall: • Provide competent supervision. • Take precautions necessary to protect persons or property against injury that may occur as a result of

their negligence.

• Perform the work without unnecessarily interfering with other contractors’ work or District activities. • Be responsible for any and all damages to existing facilities and equipment. • Be responsible for work performed and materials delivered; include School District furnished items,

until completion and final acceptance.

• Upon request, the contractor shall furnish the District with a complete list of all employees and other personnel who will be working on District property on this project. The District reserves the right to

deny access to District property to any employee or personnel who are unacceptable to the School

District.

• Perform all work under an awarded contract in accordance with all applicable federal, state and local laws, rules and regulations and District policy.

CHILD SUPPORT RECOVERY ACT:

It is the responsibility of the General Contractor or Construction Manager to report, within 15 days the hire or rehire

of an employee to the Federal Government.

An employee is someone:

• Who perform labor in Iowa and is employed by an employer in Iowa for compensation. • For whom compensation is withheld for federal or state tax liabilities by an employer.


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See Code # 228 Guidelines and Procedures for the Child Support Recovery Act.

CRIMINAL BACKGROUND CHECK/SEX OFFENDER REGISTRY:

The Contractor shall be responsible for conducting a criminal background check and the Iowa and Illinois Sex

Offender Registry as to all persons working on District property or in District buildings. This includes all employees

of the Contractor or any sub-contractor, all Independent Contractors, Casual Laborers, Workers obtained through

Union Halls or Hiring Halls, and all other individuals present on District property at any time during the performance

of the Contract. No person shall be permitted to work on District property is on the Sex Offender Registry for any

State. The Contractor will notify the District in advance for any proposed Contractor employee with a felony

conviction and such person will not be placed on-site without prior District Approval. The Contractor must have

records available for the District to inspect upon request to verify that background/sex offender checks have been

performed on all persons working on District property. The District reserves the right to order the Contractor to remove

any person from the District’s work who the District determines to be a threat to safety of students, District employees,

other workers, parents, visitors, or otherwise. All workers must follow District regulations and rules as to building

access and security.

BOARD POLICY 103 COMPLAINTS AGAINST CONTRACTED SERVICE PROVIDERS:

All contractors/subcontractors/vendors will be held liable for any and all alleged aggrieved complaints made against

their employees. All correspondence between the contractors/subcontractors/vendors and the District will be in

writing. To ignore this policy could result in you being asked to leave the District premises.

CONTRACTORS INSURANCE:

The Contractor shall purchase and maintain such insurance as will protect him/her from claims set forth below which

may arise out of or result from the Contractor’s operations under the Contract, whether such operations be by the

Contractor or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by any one for

whose acts any of them may be liable.

INSURANCE CLAUSE:

Insurance coverage shall cover the following:

• Claims under workers compensation benefits and other similar employee benefits act or claims for damages because of bodily injury, occupational sickness or disease, or death of his/her employees.

• Claims for damages or liability because of bodily injury, sickness or disease, or death of any person other than employees.

• Claims for damages for personal injury, which are sustained by any person, directly or indirectly (1) related to the employment of such person by the contractor, or (2) by any other person.

• Claims for damages because of injury to or destruction of tangible property, including loss of use resulting there from other than to the work itself.

• Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle

• Claims covered by so-called Builder’s Risk coverage.

A Contractor shall obtain and pay premiums for the following minimum insurance in connection with the contract and

at the job site until the work is completed and accepted by the Owner.

The Owner and the Architect shall be named as Additional Insured on all liability coverage’s with respect to liability

caused in whole or in part by the Contractor, and shall be shown as such on the Certificate. Said Certificate must be

provided to the Owner before commencement of any aspect of the Work. All liability policies except Worker’s Comp

shall be endorsed as follows: “The insurance company and the insured expressly agree and state that the purchase of

this policy of insurance by the insured does not waive any of the defense of governmental immunity available to the

insured under Iowa Code Section 670.4 as it now exists or may be amended from time to time. The company and the

insured further agree that this policy of insurance shall cover only its claims not subject to the defense of governmental

immunity under Iowa Code Section 670.4 as it now exists or may be amended from time to time.” The certificate of

insurance relating to all liability coverage’s shall state: “The insurance company and the insured expressly agree and


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state that granting additional insured status on this policy of insurance does not waive any of the defense of

governmental immunity available to the school district under Iowa Code Chapter 670 as it now exists or may be

amended from time to time

TYPE OF COVERAGE

• Commercial General Liability • General Aggregate 2,000,000. • Products/Complete Operations Aggregate 2,000.000. • Personal/Advertising Injury 1,000,000.

Each Occurrence 1,000,000.

Business Automobile Liability

Each Person 1,000,000.

Each Accident 1,000,000.

Employers Liability Statutory Amount

• Umbrella policies are acceptable to reach these limits of liability. • Builder’s Risk Contract Price

Certificates of Insurance shall be furnished by the Contractor to the owner and such certificates shall provide 30 days

prior notice by registered mail of any material change in, or cancellation of, this insurance.

The Contractor must require the subcontractors to furnish all certificates of insurance. The Contractor shall require his

Subcontractors to take out and maintain the same coverage as above.

Certificates of Insurance shall be furnished to the District within ten (10) days after Notice of Award is issued to the

successful bidder. Notice to Proceed will not be issued until the certificate has been reviewed by the Owner. All

insurance shall name the District as an additional insured and shall waive subrogation as to the District.

WORKERS’ COMPENSATION:

The Contractor shall maintain during the life of this contract the statutory Worker Compensation Insurance for all of

his employees to be engaged in work on the project under this contract.

Certificates of Insurance shall be furnished by the contractor to the District and such certificates shall provide 30 days

prior notice by registered mail of any material change in or cancellation of, this insurance.

INDEMNIFICATION:

Contractor shall indemnify and hold harmless the District or its agents and employees against third party claims

resulting from any damages, losses and expenses relating to the work. Contractor agrees to notify the District by

certified mail return receipt request, or by overnight courier immediately upon knowledge of any claim suit, action or

proceedings.

To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the District and its agents

and employees from and against all claims, damages, losses and expenses, including but not limited to attorney’s fees,

arising out of or resulting from the performance of the work, provided that any such claim, damages, loss or expenses

(1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property

including the loss of use resulting there from (2) is caused in whole or in part by any negligent act or omission of the

Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any

of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such

obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnify

which would otherwise exist as to any part of person.

In any and all claims against the District or any agents or employees by any employee of the Contractor, any

subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be

liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of


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damages, compensation or benefits payable by or for the Contractor or any Subcontractor under workers’ or

workman’s compensation acts, disability benefit acts or other employee benefit acts.

COMPLIANCE WITH APPLICABLE CODES AND REGULATIONS:

Bidder attention is directed to the fact that all applicable Federal and State laws, local ordinances and rules and

regulations of authorities having jurisdiction over the work of this project shall apply to a contract resulting from this

bid. Those rules and regulations are made a part of the contract the same as if set forth in their entirety therein. By

submitting a bid, the bidder confirms that he/she is familiar with and understands their responsibility under all

applicable laws, ordinances, and rules and regulations with respect to the work described by the proposed contract

document.

The successful bidder shall, during the course of performance under the proposed contract comply with all

occupational, safety & health standards and EOE Regulations.

SUSPENSIONS & DEBARMENT:

The contractor certifies pursuant to 48 CFR Part 9 that neither it nor its principles are presently debarred, suspended,

proposed for debarment, declared ineligible, or voluntarily excluded from participation in this Contract by any

Agency. The Contractor certifies that they are not presently debarred, suspended, proposed for debarment, declared

ineligible, or voluntarily excluded from participation in any contracts with the State of Iowa.

BID SECURITY:

Bid security shall be in the amount of five percent (5%) of total bid amount and must accompany the bid response.

Bid security shall be in the form of a cashier’s check or certified check drawn on a solvent Iowa bank or a bank

chartered under the laws of the United States or a certified share draft drawn on a state-chartered or federally-chartered

credit union or a bid bond with corporate surety acceptable to the Owner. The bid security shall be forfeited to the

District as liquidated damages in the event the successful bidder fails to enter into a contract.

PERFORMANCE BOND:

The award and notice to proceed will be conditioned upon receipt of a Performance Bond in the amount of one hundred

percent (100%) of the total bid amount.

PAYMENT BOND:

The award and notice to proceed will be conditioned upon receipt of a Payment Bond in the amount of one hundred

percent (100%) of the total bid amount.

SURETY DEPOSIT:

Bid Bond of the unsuccessful bidders will be returned promptly after the Board has approved a successful bidder.

CHANGE ORDER:

The contractor shall not perform any work other than as specified in the contract, without first receiving a written

authorization from the District. The resulting Change Order will amend the contract. If the contractor fails to obtain a

written authorization the contractor shall have proceeded at its own expense and the District shall not be obligated to

make payment therefore oral change orders will not be honored.

GRATUITIES:

Chapter 722 of the Code of Iowa provides that it is a felony to offer, promise or give anything of value or benefit to a

person serving in a public capacity including a school district employee with the intent to influence that employee’s

act, opinion, judgment or exercises of discretion with respect to the employee’s duties.

AFFIRMATION ACTION:

The contractor will take affirmative action in complying with all Federal & State requirements concerning fair

employment and employment of the disabled, and concerning the treatment of all employees, without regard or

discrimination by reason of race, color, religion, sex, national origin, gender identity, sexual orientation or disability.


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CONTRACT DOCUMENT:

Contract Documents will consist of the Request for bid, detailed plans, drawings, specifications, project manual, if

any, the signed and accepted bid form, the signed and accepted contract, the approved performance bond, bid

conditions, and the insurance certificates.

BIDDER’S RESPONSIBILITY:

By submitting a bid, bidder certifies that he or she has read, understands, and will fully and faithfully comply with

this invitation for bid, its attachments and any referenced documents. Bidder also certifies that the prices offered were

independently developed without collusion with any other bidder or potential bidders.

If you have questions concerning this bid contact Rudy Schellekens at (563) 336-7906 or by email at

[email protected] between the hours of 7:30 a.m. and 4:30 p.m. local time, Monday through Friday.


BID FORM 00 0300-1

SECTION 00 0300 – BID FORM

Bids Due at 2:00 PM, August 01, 2019

TO: Davenport Community School District

Achievement Service Center 1606 Brady Street Davenport, IA 52803

ATTN: Rudy Schellekens 1. The undersigned Bidder, in response to your Advertisement for Bids for construction of the above

project, having examined the Drawings, Specifications and other Bidding Documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials and supplies, and to construct the project in accordance with the proposed Contract Documents, within the time set forth therein, and at the prices stated below. These prices are to cover all expenses incurred in performing the work required under the proposed Contract Documents, of which this bid is a part.

Bidder acknowledges receipt of the following Addenda which are a part of the Bidding Documents: Numbers ____, ____, ____, ____, ____. BASE PROPOSAL: Bidder agrees to perform all the work described in the proposed Contract Documents and shown on the Drawings for the sum of: DOLLARS ($ ) ALTERNATE BIDS: Bidder agrees to perform all work shown or specified in the bidding documents required for completion of the listed Alternate Bids, when accepted and incorporated into the Contract. Refer to Division 1 Section “Alternates” for alternate descriptions. ALTERNATE NO. ADD / DEDUCT DOLLARS ($ ) Amount shall be indicated in both words and figures. In case of discrepancy, the amount indicated in words will govern. 2. The undersigned Bidder states that full compliance with the proposed Contract Documents is

maintained in this bid. 3. Accompanying this bid is the Bid Security required by the Bidding Documents, the same being

subject to forfeiture, in the event of default by the undersigned, in accordance with terms of the Bidding Documents.


BID FORM 00 0300-2

4. Bidder understands that the Owner reserves the right to reject any and all bids, waive irregularities or technicalities in any bid, and accept any bid in whole or in part which it deems to be in its best interest.

5. Bidder agrees that this bid shall be good and may not be withdrawn for a period of forty-five (45)

calendar days after the public opening and reading of the bids. 6. Bidder hereby certifies: (a) that this bid is genuine and is not made in the interest of or on behalf

of any undisclosed person, firm or corporation; (b) that Bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid; (c) that Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and (d) that Bidder has not sought by collusion to obtain any advantage over any other bidder or over the Owner.

FIRM NAME: BY: TITLE: Date Incorporated Yes No OFFICIAL ADDRESS Telephone Number FAX Number Federal Tax Identification No. END OF SECTION 00 0300


BID BOND 00 0400-1

SECTION 00 0400 – BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, hereinafter called the Principal, a(n) *` duly authorized by law to do business as a construction contractor in the State of Iowa, and

, a corporation duly authorized to do a surety business under the Laws of the State of Iowa as Surety, hereinafter called the Surety, are held and firmly bound unto the Davenport Community School District as Obligee, hereinafter called the Obligee, in the penal sum of ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for . NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this day of , 20 .

(Principal) (Seal)

(Witness) (Title) (Witness) (Surety) (Seal)

(Title as Attorney-in-Fact and Iowa Resident Agent)

* One word -- corporation, partnership, or individual -- depending on the nature of the Principal,

should be entered in this blank. END OF SECTION 00 0400


AGREEMENT 00 0500-1

SECTION 00 0500 – AGREEMENT

PART 1 GENERAL

1.01 FORM OF AGREEMENT

A. American Institute of Architects Document A101-2017, Standard Form of Agreement Between

Owner and Contractor, is hereby incorporated by reference in this specification and is available from the Design Professional: Design Engineers, P.C. 8801 Prairie View Lane SW, Suite 200 Cedar Rapids, Iowa. It shall be the Agreement for the Work.


GENERAL AND SUPPLEMENTARY CONDITIONS

OF THE CONTRACT FOR CONSTRUCTION



GENERAL CONDITIONS

ARTICLES 1 through 15

The General Conditions of this Contract is the American Institute of Architects' Document A201, THE

GENERAL CONDITIONS OF THE CONTRACT FOR THE CONSTRUCTION, 2007, 15 Articles,

hereinafter referred to as the General Conditions, a copy of which may be referred to at the office of the

Architect/Engineer or obtained from AIA Iowa, 3501 104th Street, Urbandale, Iowa 50322 (515/276-

0467).

SUPPLEMENTARY CONDITIONS

The following supplements modify, change, delete from, or add to the "General Conditions of the

Contract for Construction," AIA Document A201, 2007. Where any Article of the General Conditions is

modified or any Paragraph, Subparagraph, or Clause thereof is modified or deleted by these supplements,

the unaltered provisions of that Article, Paragraph, Subparagraph, or Clause shall remain in effect.

ARTICLE 1

CONTRACT DOCUMENTS

1.1 BASIC DEFINITIONS

Delete the last sentence of Subparagraph 1.1.1 and substitute the following:

The Contract Documents also include the bidding requirements (Advertisement or Invitation to

Bid and Instruction to Bidders). Unless specifically enumerated in the Agreement the Contract

Documents do not include sample forms and the Contractor's Bid.

Add to Subparagraph 1.1.2 the following Clause 1.1.2.1:

1.1.2.1 The Contract Documents shall be signed by the Owner and Contractor. If either the Owner or

Contractor or both do not sign all the Contract Documents, the Architect shall identify such unsigned

Documents. No Contract shall be formed between the parties until all Contract Documents are

executed by both parties.

Add to Paragraph 1.1 the following Subparagraph 1.1.9:

1.1.9 PROJECT MANUAL

The Project Manual is the volume(s) which include the Bidding Requirements, Procurement and

Contracting Requirements, sample forms, Conditions of the Contract, Specifications and addenda.

1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS

Add the following sentence to the end of Subparagraph 1.2.1:

In the case of an inconsistency between Drawings and Specifications, or within either Document

itself, not clarified by Addendum, the better quality or greater quantity of Work shall be provided

in accordance with the Architect's interpretation.



1.4 INTERPRETATION

Add Subparagraph 1.4.2 to Paragraph 1.4:

1.4.2 In the event of conflict among the various provisions of the Contract Documents, the terms shall be

interpreted in the following order of propriety:

.1 Modifications to the Contract

.2 The Contract

.3 Special Conditions

.4 General Conditions

1.5 OWNERSHIP OF DRAWINGS, SPECIFICATIONS AND OTHER

Delete Subparagraph 1.5.1 and substitute the following:

1.5.1 Provided all payments have been made to Architect in accordance with its agreement with Owner,

the Design Documents are the Owner’s exclusive property. The Owner owns all copyrights in and to the

Design Documents. The Contractor, Subcontractors, Sub-subcontractors, and material or equipment

suppliers shall not own or claim a copyright in the Design Documents. Submittal or distribution to meet

official regulatory requirements or for other purposes in connection with this Project is not to be

construed as publication in derogation of the Owner’s reserved rights.

ARTICLE 2

OWNER

2.1 GENERAL

Delete Subparagraph 2.1.2 in its entirety

2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER

Delete the last two (2) sentences of Subparagraph 2.2.1

Add the following sentences to the end of Subparagraph 2.2.3:

The Contractor shall compare information furnished by the Owner (including surveys and soil

tests with observable physical conditions) and the Contract Documents and on the basis of such

review, shall report to the Owner and Architect any conflicts, errors or omissions. Contractor

shall be responsible for any additional costs, delays and damages resulting from the Contractor's

failure to immediately report any such errors, inconsistencies or omissions.

2.4 OWNER'S RIGHT TO CARRY OUT WORK

Delete Subparagraph 2.4.1 in its entirety and substitute the following:

2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract

Documents, and fails within a seven (7) day period, or such shorter time period as may be reasonable

under the circumstances, after receipt of written notice from the Owner to the Contractor and Surety, to

commence and continue correction of such default or neglect with diligence and promptness, the Owner

may require the Surety to assume the obligations of the Contractor within seven (7)days following receipt

by Contractor and Surety of written notice.




2.4.2 If Contractor or Surety, within such seven day period (or shorter time period deemed reasonable)

after receipt of such notice fails to commence and continue to correct such default or neglect, the Owner

may without prejudice to any other remedies the Owner may have, correct such deficiencies. In such case

an appropriate Change Order or Construction Change Directive shall be issued deducting from the

payments then or thereafter due the Contractor, or Surety, the cost of correction of such deficiencies,

including reasonable attorneys’ fees and compensation for the Architect/Engineer’s additional services

incurred as a result of such default, neglect or failure. Such action by Owner, and amounts charged to the

Contractor are both subject to prior concurrence with Architect/Engineer. If payments then or thereafter

due Contractor are not sufficient to cover such amounts, Contractor, or Surety, shall pay difference to

Owner.

ARTICLE 3

CONTRACTOR

3.1 GENERAL


3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. In the case of

inconsistency between Drawings and Specifications or within either document not clarified by

Addendum, the better quality or greater quantity shall be provided at no additional cost to the Owner.

Add Clause 3.1.2.1 to Subparagraph 3.1.2:

3.1.2.1 The Contractor shall supervise and direct Work in excellent and workmanlike manner, complete

the work and everything properly incidental thereto as stated in the Project Manual and Drawings or

reasonably implied therefrom and otherwise in accordance with Contract Documents.


3.1.3 The Contractor waives any rights, claims, or causes of action against Owner as a result of activities

or duties of the Architect in the Architect’s administration of the Contract or representations made by the

Architect in the Instruments of Service. The Contractor acknowledges any such rights, claims, or causes

of action accrue against the Architect and Contractor may seek redress from Architect in the event that

becomes necessary.

3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR

Add the following sentences to the end of Subparagraph 3.2.1:

In no case shall the Contractor proceed with any portion of the Work in any uncertainty. The

Contractor also represents that all Contract Documents for the Project have been examined;

including those intended for work of trades not normally performed by the Contractor's own

forces, and that it has become thoroughly familiar with all conditions which may pertain to or

affect the Work under the Contract.


3.2.3 The Contractor must take field measurements and verify Site conditions, and must carefully



compare such field measurements and Site conditions and other information known to the Contractor with

the Contract Documents, before ordering any material or doing any Work at the Site.

Add Subparagraphs 3.2.4 through 3.2.8 to Paragraph 3.2:

3.2.4 The Contractor must make frequent inspections during the progress of the Work to confirm that

Work previously performed by the Contractor is in compliance with the Contract Documents and

applicable laws and regulations bearing on the performance of the Work and Referenced Standards and

that portion of Work previously performed by the Contractor or by others are in proper condition to

receive subsequent Work.

3.2.5 If the Contractor believes that any portions of the Contract Documents do not comply with

applicable laws, statutes, ordinances, building codes, and rules and regulations, or any orders by code

enforcement officials or the Owner or its designees acting in the capacity of building code inspectors or

Referenced Standards, the Contractor must promptly notify the Owner and the Architect of the non-

compliance as provided in Section 3.2.6 and request direction before proceeding with the affected Work.

3.2.6 The Contractor must promptly notify the Owner and the Architect in writing of any apparent errors,

inconsistencies, omissions, ambiguities, construction impracticalities or code violations discovered as a

result of the Contractor’s review of the Contract Documents including any differences between actual and

indicated dimensions, locations and descriptions, and must give the Owner and the Architect timely notice

in writing of same and of any corrections, clarifications, additional Drawings or Specifications, or other

information required to define the Work in greater detail or to permit the proper progress of the Work.

The Contractor must provide similar notice with respect to any variance between its review of the Site

and physical data and Site conditions observed.

3.2.7 If the Contractor performs any Work involving an apparent error, inconsistency, ambiguity,

construction impracticality, omission or code violation in the Contract Documents of which the

Contractor is aware, or which could reasonably have been discovered by the review required by Section

3.2, without prompt written notice to the Owner and the Architect and request for correction, clarification

or additional information, as appropriate, the Contractor does so at its own risk and expense and all claims

relating thereafter are specifically waived.

3.2.8 The Owner is entitled to reimbursement from the Contractor for amounts paid to the

Architect/Engineer for evaluating and responding to the Contractor’s requests for information that are not

prepared in accordance with the Contract Documents or where the requested information is available to

the Contractor from a careful study and comparison of the Contract Documents, field conditions, or other

Owner-provided information, Contractor-prepared coordination drawings, or prior Project correspondence

or documentation.

3.3 SUPERVISION AND CONSTRUCTION PROCEDURES


3.3.4 The Contractor acknowledges that it is Contractor’s responsibility to hire all personnel for the

proper and diligent prosecution of the Work and the Contractor shall use its best efforts to maintain labor

peace for the duration of the Project. In the event of a labor dispute, the Contractor shall not be entitled to

any increase in the Contract Sum.

3.4 LABOR AND MATERIALS




Should the Contract specifically require the Contractor to performed work after regular working

hours or should the Contractor elect to perform work after regular working hours, the additional

costs of such work shall be the responsibility of the Contractor.

Add Subparagraphs 3.4.4 and 3.4.5to Paragraph 3.4:

3.4.4 After the Contract has been executed, the Owner and the Architect will consider a formal request for

the substitution of products in place of those specified only under the conditions set forth in the

Specifications, Division 1, General Requirements, _________________________, Product Requirements. (fill in or delete as applicable)

3.4.5 By making requests for substitutions based on Subparagraph 3.4.4 above, the Contractor:

.1 Represents that the Contractor has personally investigated the proposed substitute product

and determined that it is equal or superior in all respects to that specified; .2 Represents that the Contractor will provide the same warranty for the substitution that the

Contractor would for that specified; .3 Certifies that the cost data presented is complete and includes all related costs under this

Contract except the Architect/Engineer's redesign costs, and waives all claims for

additional costs related to the substitution which subsequently become apparent; and .4 Will coordinate the installation of the accepted substitute, making such changes as may be

required for the Work to be complete in all respects.

3.5 WARRANTY

Delete existing Paragraph under 3.5 in its entirety.


3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under

the Contract will be of good quality and new unless otherwise required or permitted by the Contract

Documents, that the workmanship will be free from defects not inherent in the quality required or

permitted, that the workmanship will comply with all applicable laws, building codes, rules and

regulations, and that the workmanship will conform to the requirements of the Contract Documents.

3.5.2 The Contractor’s general warranty and any additional or special warranties are not limited by the

Contractor’s obligations to specifically correct defective or nonconforming Work as provided in Article

12, or are they limited by any other remedies provided in the Contract Documents. The Contractor shall

also be liable for any damage to property or persons (including death) including consequential and direct

damages relating to any breach of the Contractor’s general warranty or any additional or special

warranties required by the Contract Documents.

3.5.3 The Contractor must furnish all special warranties required by the Contract Documents to the

Owner no later than Substantial Completion. The Owner may require additional special warranties in

connection with the approval of “Or-Equals” or Substitutions, Allowance items, Work that is defective or

nonconforming, or the acceptance of nonconforming Work pursuant to Article 12.

3.5.4 In case of work performed by Subcontractors and where warranties are required, secure warranties

from said Subcontractors addressed to and in favor of the Owner. Deliver copies of same to Architect



upon completion of work. Delivery of said warranties shall not relieve the Contractor from any

obligations assumed under any other provision of contract.

3.6 TAXES


3.6.1 Bidders shall be responsible for informing themselves of tax laws, requirements, regulations, and

interpretations as they apply to this project.

3.6.2 Bidders shall not include State of Iowa and Local Option Sales and Use Tax in the bid. The General

Contractor shall provide a list of subcontractors, sub-subcontractors and suppliers with their Federal

Identification Number to the Owner. The Owner will issue exemption certificates to contractors,

subcontractors, sub-subcontractors and suppliers in order to eliminate tax from the construction materials

following award of contract. If material is purchased outside the state of Iowa and the other State requires

that the contractors, subcontractors, sub-subcontractors and suppliers pay sales tax they are recommended

to include this price in their Bid unless they are able to obtain a sales tax refund from said State.

3.6.3 The Contractor will maintain all records, invoices, receipts, or other accounting data regarding

material purchases and will allow, upon written request of the Owner and within a reasonable time frame

after receipt of such request, the Owner to audit such records to verify tax savings. If an audit reveals

taxes paid or savings not transferred to the Owner, the Contractor will be liable to the Owner for those

amounts and the Owner may back charge the Contractor for those amounts if a balance of funds due and

payable remains at the time of such

discovery.

.1 The Contractor will require all Subcontractors of any tier maintain all records, invoices,

receipts, or other account data regarding material purchases. The Contractor will collect

such records with each application for payment it receives from its Subcontractors and shall

maintain such records in the same manner and location as the Contractor’s records.

.2 The Contractor will ensure its Subcontractors and any lower-tier Subcontractors including

these obligations in their contracts and bind themselves in the same manner as Contractor is

bound to the Owner.

3.7 PERMITS, FEES, NOTICES, AND COMPLIANCE WITH LAWS

Modify Subparagraph 3.7.5 as follows:

Add the words "knowingly" and "and recognizes" on each side of the word "encounters" in the

first sentence and add the words "or good faith belief of such existence" between the words

"existence" and "of " in the last sentence.


3.7.6 The Contractor is responsible for scheduling inspections required by the Contract Documents or

related to the performance of its Work and ensuring work is complete for inspections. Any costs

associated with reinspection caused by irregularities, deficiencies or non-conforming work will be borne

by the responsible Contractor including all Architectural and Engineering Services related to evaluation

of the problem and development of an acceptable solution.

3.7.7 The Contractor shall take note and comply with all governing laws, rules, and regulations affecting

the Work. This may include, but is not limited to, such laws, rules, and regulations as:



Licensing of Contractors for special requirements, e. g. hazardous waste removal.

Requirements for special construction permits.

Exemption from sales tax, if applicable.

Wage rates and employment requirements when required by law or by Owner.

Local labor requirements.

Non-discriminatory hiring practices.

3.7.8 The State of Iowa, its agencies, and its political subdivisions, including cities, school districts and

public utilities are required by Iowa Code 73A.21 to require a reciprocal resident bidder and resident

labor force preference.

3.7.8.1 A “Resident Bidder” means a person or entity authorized to transact business in the State of Iowa

and having a place of business for transacting business with the state at which it is conducting and has

conducted business for at least three (3) years prior to the date of the first advertisement for the public

improvement. If another state or foreign country has a more stringent definition of a Resident Bidder, the

more stringent definition is applicable as to bidders from that state or foreign country.

3.7.8.2 A Resident Bidder shall be allowed a preference as against a nonresident bidder from a state or

foreign country other than Iowa if that state or foreign country gives or requires any preference to bidders

from that state or foreign country, including, but not limited to, any preference to bidders, the imposition

of any type of force preference, or any other form of preferential treatment to bidders or laborers from the

state or foreign country. The preference allowed shall be equal to the preference given or required by the

state or foreign country in which

the nonresident bidder is a resident.

3.7.8.3 If the Contractor is a nonresident bidder the Contractor is required to specify in the Agreement

between the Owner and Contractor whether any preference is in effect in the nonresident bidder’s state or

country at the time of this bid and identify the source of the regulations.

3.9 SUPERINTENDENT

Add the following to the end of the first sentence of Subparagraph 3.9.1:

, including work of the Contractor's subcontractors. Any change in superintendent personnel must

be approved by the Owner.


3.9.2 The Contractor shall, within two days of the Owner's notification of an intent to award the Contract,

submit to the Owner, through the Architect, the name and qualifications of the proposed superintendents

for review and approval. When the superintendents are approved, they shall not be removed without the

Owner's written approval which will not be unreasonably withheld. The responsibility of the

superintendent is to supervise, schedule, coordinate, and manage field operations.

3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES

Delete first sentence of Subparagraph 3.10.1 and substitute the following:

The Contractor, 10 (ten) days after being awarded the contract, shall submit for the Owner's and

Architect's information, a Contractor's Construction schedule for the work.



Modify second sentence of Subparagraph 3.10.1 as follows:

After the words "of the Work and Project," add the words "or as required by the Owner or

Architect,".

Add Clause 3.10.1.1 to Subparagraph to 3.10.1:

3.10.1.1 Thereafter, the Contractor shall prepare and update the construction schedule on a monthly basis

(“Current Construction Schedule”), if not more frequently at the Contractor’s discretion, to be submitted

to the Owner in graphic and native electronic format with each Application for Payment. Each update

shall include a narrative including:

.1 A description of the status of the schedule.

.2 A discussion of current and anticipated delays.

.3 A discussion of progress of critical path activities.

.4 A discussion of the critical path for the remainder of the project.

.5 A listing and discussion of logic changes and duration changes.


3.10.2 The Contractor shall prepare a submittal schedule within fourteen (14) days after being awarded

the Contract and thereafter as necessary to maintain a current submittal schedule, and shall submit the

schedule(s) for the Architect’s approval. The Architect’s approval shall not unreasonably be delayed or

withheld. The submittal schedule shall (1) be coordinated with the Contractor’s construction schedule,

and (2) all the Architect reasonable time to review submittals.

Add Subparagraph 3.10.4 to Paragraph 3.10 :

3.10.4 Additional provisions for submittal of the Construction Schedule are included in the

Specifications, Section ______________________, Construction Progress Documentation. (fill in or delete as applicable)

3.11 DOCUMENTS AND SAMPLE AT THIS SITE


3.11.1 The Contractor shall maintain at the site for the Owner one copy of the Drawings, Specifications,

Addenda, Current Construction Schedule, Change Orders and other Modifications, in good order and

marked currently to indicate field and similar required submittals. The Contractor shall display a current

Construction Schedule at the site for reference and reliance by the Owner and Architect. These shall be

available to the Architect and shall be delivered to the Architect for submittal to the Owner upon

completion of the Work as a record of the Work as constructed.

3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES


The Contractor must provide the Owner and the Architect with copies of all submittals made to

regulatory agencies.


3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require



submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective

submittal has been reviewed by the Architect. The Contractor must correct at its cost, and without any

adjustment in Contract time, any Work the correction of which is required due to the Contractor’s failure

to obtain approval of a submittal required to have been obtained prior to proceeding with the Work,

including, but not limited to, correction of any conflicts in the Work resulting from such failure


3.12.8 The Work shall be in accordance with reviewed submittals except that the Contractor shall not be

relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's

review of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has

specifically informed the Architect in writing of such deviation at the time of submittal and (1) the

Architect has taken appropriate action relative to the specific deviation as a minor change in the work, or

(2) a Change Order or Construction Change Directive 'has been issued authorizing the deviation. The

Contractor shall not be relieved of responsibility for errors or omission in Shop Drawings, Product Data,

Samples or similar submittals by the Architect's review thereof.


In the second to last sentence, delete the word ", approve".


3.12.11 Additional provisions for Shop Drawings, Product Data, and Samples are included in the

Specifications, ______________________, Submittal Procedures. (fill in or delete as applicable)

3.13 USE OF SITE


3.13.l The Contractor shall not bring or permit any subcontractor, supplier or anyone else for whom the

Contractor is responsible, to bring on the site any asbestos, PCB's petroleum, hazardous waste or

radioactive materials (except for proper use in performing the Work).

3.13.2 Except as may be specifically provided in the Contract Documents, the Contractor shall provide all

necessary temporary facilities, including power, water, sanitation, scaffolding, storage, and security. If

Owner makes any such facilities available to Contractor, it is without representation or warranty as to

their adequacy for Contractor’s use, and Contractor shall indemnify, defend, and hold Owner harmless

from and against any claims arising out of Contractor’s use of such facilities.

3.13.3 The Contractor shall perform the Work so as to cause a minimum of inconvenience to and

interruption of the Owner’s operations. Any and all interruptions of the operations of the Owner

necessary for the performance of the Work shall be noted in the progress schedule and the Contractor

shall additionally give the Owner sufficient advance notice of such interruption as to allow the Owner to

adjust operations accordingly. The Contractor’s failure to give the Owner timely notice of such intentions

shall place the responsibility of any resulting delays or additional costs solely the Contractor.

3.13.4 Additional provisions for use of site are included in the Specifications, Section

_____________________, Temporary Facilities and Controls. (fill in or delete as applicable)



3.14 CUTTING AND PATCHING


3.14.3 Additional provisions for cutting and patching of work are included in the Specifications, Section

______________________, Execution. (fill in or delete as applicable)

3.15 CLEANING UP

Add the words “, WORKING HOURS AND NOISE ORDINANCE” to title of Paragraph 3.15.

Delete Subparagraphs 3.15.1 and 3.15.2 in their entirety and substitute the following:

3.15.1 Work will be performed in accordance with the Contract Documents, the Applicable Building

Code, and other applicable law governing the Contractor’s performance of the Work. No delays resulting

from compliance with applicable laws or regulations may form the basis for any claim by the Contractor

for delay damages or additional compensation or for any extensions of the Contract Time. The

Contractor must not permit work outside of hours established in the Contract Documents on a Saturday,

Sunday or State or federal holiday without the written consent of the Owner, given after prior written

notice to the Architect and any other applicable consultants; such consent, if given, may be conditioned

upon payment by the Contractor of the Owner’s, Architect’s and any other applicable consultants’

additional costs and fees, testing or regulatory agency costs incurred in monitoring such off-hours Work.

The Contractor must notify the Owner as soon as possible if Work must be performed outside such times

in the interest of the safety and protection of persons or property at the Site or adjacent thereto, or in the

event of an emergency. In no event shall the Contractor permit Work to be performed at the Site without

the presence of the Contractor’s superintendent and person responsible for the protection of persons and

property at the Site and compliance with all applicable laws and regulations, if different from the

superintendent.

3.15.2 The Contractor must comply with any applicable Noise Ordinances and any successor or substitute

provisions covering the regulation of noise levels. It is the duty of the Contractor to familiarize itself with

those provisions and perform the Work in compliance with those provisions.

Add Subparagraphs 3.15.3 and 3.15.4 to Paragraph 3.15:

3.15.3 The Contractor must keep the Site and adjacent areas free from accumulation of waste materials or

rubbish caused by operations under the Contract, and must keep tools, construction equipment, machinery

and surplus materials suitably stored when not in use. If the Contractor fails to do so in a manner

reasonably satisfactory to the Owner or the Architect within forty-eight (48) hours after notice or as

otherwise required by the Contract Documents, the Owner may clean the Site and back charge the

Contractor for all costs associated with the cleaning. The Contractor shall keep the premises and

surrounding area free from accumulation of waste materials or rubbish caused by operations under the

Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the

Contractor’s tools, construction equipment, machinery and surplus materials from and about the Project.

3.15.4 Additional provisions for cleanup are included in the Specifications,

_______________________________, Closeout Procedures. (fill in specification reference as applicable)

3.18 INDEMNIFICATION




3.18.1 To the fullest extent permitted by law the Contractor shall defend, indemnify, and hold harmless

the Owner and Architect, its agents, representatives, and employees (“Indemnitees”) from and against all

liabilities, claims, damages, losses and expenses, including, but not limited to, attorneys’ fees, court costs

and cost of appeal, arising out of or resulting from or in connection with the performance of the Work by

the Contractor, provided that any such claim, damage, loss or expense is caused in whole or in part by any

breach of this Agreement or negligent or other intentional act or omission of the Contractor, anyone

directly or indirectly employed by it or anyone for whose acts any of them may be liable.


3.18.3 In the event the Owner should prevail in any legal action arising out of the performance or non-

performance of this Agreement, the Contractor shall pay, in addition to any damages, all expenses of such

action including reasonable attorney’s fees, all expert witness fees, costs, and litigation expenses incurred

by the Owner, including those incurred on appeal. The term “legal action” shall be deemed to include any

arbitration, administrative proceedings, and all actions at law or in equity, including appeals.

ARTICLE 4

ADMINISTRATION OF THE CONTRACT

4.1 ARCHITECT


4.1.1 The "Architect" is defined in this Contract as the Engineer or Architect lawfully licensed by the

State to practice architecture or engineering or an entity, licensed by the State to lawfully practice

architecture or engineering identified as such in this Contract and as is referred to throughout the Contract

documents as if singular in number. The term "Engineer", "Architect/Engineer", "Engineer/Architect",

"Architect's authorized representative", "Engineer's authorized representative", or Architect/Engineer's

authorized representative" shall mean "Architect" as defined in this paragraph.

.1 The Architect/Engineer is:

Name:

Address:

Business

Fax Telephone No.:

4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT

Delete the first two sentences of Subparagraph 4.2.2 and substitute the following:

The Architect, as a representative of the Owner, shall visit the site at times and intervals

appropriate to the stage of construction and as mutually agreed upon by the Owner and

Architect in Section 4.3.3, to observe the work; to become familiar with the progress

and quality of the Work; and to provide an opinion to the Owner regarding whether the

Work is proceeding in general accordance with the Contract Documents. On the basis

of on-site observations as an architect, the Architect shall keep the Owner reasonably

informed of the progress and quality of the Work, and shall use reasonable care

customary in the industry to advise the Owner of observed deviations from the Contract

Documents and observed failures of the Contractor to carry out the Work in accordance



with the Construction Documents. In doing so, the Architect shall report to the Owner

(1) known deviations from the Contract Documents, and (2) defects and deficiencies

observed in the Work. The Architect will provide the Owner with monthly Field

Observation Reports as the Project progresses.

Add Clause 4.2.2.1 to Subparagraph 4.2.2:

4.2.2.1 The Owner is entitled to reimbursement from the Contractor for amounts paid to the

Architect/Engineer for site visits made necessary by the fault of the Contractor or by defects and

deficiencies of the Work.


Delete the words "approve or" and "other" at the beginning of the first sentence. Delete the

word "approval," after the words "The Architect's ..." at the last sentence and in lieu thereof

insert the word "...review ...".

Add Clause 4.2.7.l to Subparagraph 4.2.7:

4.2.7.1 Architect shall provide up to two (2) reviews, of each Shop Drawing, Product Data item, sample

and similar submittals of the Contractor. The Contractor shall reimburse the Owner for the Architect's

additional services made necessary by additional reviews above the limits indicated above.

ARTICLE 5

SUBCONTRACTORS

5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK

Modify Subparagraph 5.2.1 as follows

In the first sentence, after the word "Contractor," delete the phrase "as soon as practicable after

award of the Contract," and insert the phrase "within ten days after the date of the notice of

award of the Contract;" and add the following sentence:

A list of Subcontractors shall be submitted in duplicate on AIA Document G805, 2001 Edition.


5.2.5 MANUFACTURERS AND FABRICATORS

Not later than thirty (30) days after the date of commencement of the Work, the Contractor shall furnish

in writing to the Owner through the Architect/ Engineer the names of persons or entities proposed as

manufacturers or fabricators for certain products, equipment and systems identified in the General

Requirements (Division 1 of the Specifications) and, where applicable the name of the installing

Subcontractor. The Architect/Engineer may reply within fourteen (14) days to the Contractor in writing

stating 1) whether the Owner or the Architect/ Engineer has reasonable objection to any such proposed

person or entity or 2) that the Architect/Engineer requires additional time to review. Failure of the Owner

or Architect/Engineer to reply within the fourteen (14) day period shall constitute notice of no reasonable

objection.

.1 The Contractor shall not contract with a proposed person or entity to whom the Owner or

Architect/Engineer has made reasonable and timely objection. The Contractor shall not be



required to contract with anyone to whom the Contractor has made reasonable objection.

.2 If the Owner or Architect/Engineer has reasonable objection to a person or entity proposed

by the Contractor, the Contractor shall propose another to whom the Owner or

Architect/Engineer has no reasonable objection. If the proposed but rejected manufacturer or

fabricator was reasonable capable of performing the Work, the Contract Sum and Contract

Time shall be increased or decreased by the difference, if any, occasioned by such change,

and an appropriate Change Order shall be issued before commencement of the substitute

manufacturer’s or fabricator’s Work. However, no increase in the Contract Sum or Contract

Time shall be allowed for such change unless the Contractor has acted promptly and

responsively in submitting names as required.

.3 The Contractor shall not substitute a person or entity previously selected if the Owner or

Architect/Engineer makes reasonable objection to such substitution.

5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS

Delete Subparagraph 5.4.2 in its entirety.

ARTICLE 6

CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS

6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE

CONTRACTS


The Contractor shall give notification of the potential of a claim in writing to Owner and/or

Separate Contractor within forty-eight (48) hours of the occurrence or discovery of the potential

of an occurrence of the delay or action that will result in making a claim.


6.1.5 Additional provisions for separate contracts are included in the Specifications,

Section_____________________, Summary. (fill in or delete as applicable)

ARTICLE 7

CHANGES IN THE WORK

7.1 GENERAL


No claim for an addition to the maximum Contract sum shall be considered a valid claim unless a

written change order procedure is followed as outlined in this Section. Verbal authorization for

changes must be supported by written approval before being considered valid.

7.2 CHANGE ORDERS


7.2.2 The forms used to process a Change Order will include AIA Document G701, Change Order. The

Contractor must submit change proposals covering contemplated Change Order within ten (10) days after

request of the Owner, or the Architect or within ten (10) days of the event giving rise to the Contractor’s

claim for a change in the Contract Sum or Contract Time. No increase in the Contract Sum or extension



of the Contract Time will be allowed the Contractor for the cost or time involved in making change

proposals. Change proposals will define or confirm in detail the Work which is proposed to be added,

deleted, or changed and must include any adjustment which the Contractor believes to be necessary in (i)

the Contract sum, (ii) the Contract time. Any proposed adjustment must include detailed documentation

including, but not limited to: cost, properly itemized and supported by sufficient substantiating data to

permit evaluation including cost of labor, materials, supplies and equipment, rental cost of machinery and

equipment, additional bond cost, plus a fixed fee for profit and overhead (which includes office overhead

and site-specific overhead and general conditions) of ten percent (10%) if the Work is performed by the

Contractor, or five percent (5%) if the Work is performed by a Subcontractor or Sub-subcontractor. The

Subcontractors or Sub-subcontractors overhead and profit in turn must not exceed a total aggregate of ten

percent (10%). Change proposals will be binding upon the Contractor and may be accepted or rejected by

the Owner in its discretion. The Owner may, at its option, instruct the Contractor to proceed with the

Work involved in the change proposal in accordance with this Section 7.2.2 without accepting the change

proposal in its entirety.

7.3 CONSTRUCTION CHANGE DIRECTIVES


Delete the period at the end of the Subparagraph and insert the phrase ", and upon prior written

approval of the Owner."

Modify Clause 7.3.7.5 as follows:

Delete the period at the end of the Clause and insert the phrase ", if any."

ARTICLE 8

TIME

8.1 DEFINITIONS


At the end of the first sentence, insert the phrase "or the date of the Notice to Proceed, whichever

occurs later."

8.2 PROGRESS AND COMPLETION


Capitalize the “s” in the word site. Add “, or prior to approval of Certificates of Insurance, and

Additional Insured Endorsement and Notice of Cancellation Endorsement required to be

submitted to Owner under the Contract” to the end of the first sentence.

Add the following sentence to the end of Paragraph 8.2.3:

If Contractor’s Work shall fall behind schedule for reasons that are not excused under the terms

of the Contract, Contractor shall add additional workers or shifts, and/or work overtime as

necessary to maintain the Construction Schedule.




8.2.4 The Contractor must conform to the most recently approved Construction Schedule. The Contractor

must complete the indicated Work or achieve the required percentage of completion, as applicable, within

any interim completion dates established in the most recently approved Construction Schedule.

8.2.5 The Contractor must maintain at the Site, available to the Owner and the Architect for their

reference during the progress of the Work, a copy of the approved Construction Schedule and any

approved revisions thereto. The Contractor must keep current records of and mark on a copy of the

approved Construction Schedule the actual commencement date, progress, and completion date of each

scheduled activity indicated on the Construction Schedule.

8.2.6 The Contractor represents that its bid includes all costs, overhead and profit which may be incurred

throughout the Contract Time and the period between Substantial and final Completion. Accordingly, the

Contractor may not make any claim for delay damages based in whole or in part of the premise that the

Contractor would have completed the Work prior to the expiration of the Contract time but for any

claimed delay.

8.2.7 If the Contractor’s progress is not maintained in accordance with the approved Construction

Schedule, or the Owner determines that the Contractor is not diligently proceeding with the Work or has

evidence reasonably indicating that the Contractor will not be able to conform to the most recently

approved Construction Schedule, the Contractor must, promptly and at no additional cost to the Owner,

take all measures necessary to accelerate its progress to overcome the delay and ensure that there will be

no further delay in the progress of the Work and notify the Owner.

8.2.8 The Owner reserves the right to issue a written directive to accelerate the Work that may be subject

to an appropriate adjustment, if any, in the Contract Sum. If the Owner requires an acceleration of the

Construction Schedule and no adjustment is made in the Contract Sum, or if the Contractor disagrees with

any adjustment made, the Contractor must file a claim as provided in Article 15 or the same will be

deemed to be conclusively waived.

8.3 DELAYS AND EXTENSION OF TIME


Delete the words “and arbitration” from fifth line.

Add the following sentences to the end of the Subparagraph:

A time extension shall be Contractor's sole remedy and compensation for all such delays other

than those resulting from the acts or negligence of the Owner, the Architect, or the Owner's

separate contractors (collectively "Owner Caused Delays"). For proven Owner Caused Delays,

the Contractor may recoup the actual costs resulting from such delays, but not for any additional

profit or fee.

ARTICLE 9

PAYMENTS AND COMPLETION

9.2 SCHEDULE OF VALUES

Modify Paragraph 9.1 as follows:



In the first sentence, add the words “thirty (30) days’ between the words “Architect,” and

“before.”

9.3 APPLICATIONS FOR PAYMENT


9.3.1 At least ten (10) days before the date established for each progress payment, the Contractor shall

submit to the Architect an itemized Application for Payment for operations completed in accordance with

the schedule of values. Such application shall be notarized, if required, and supported by such data

substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of

requisitions from Subcontractors and material suppliers. If the Contract Documents required the Owner to

retain a portion of the payments until some future time, the Applications for Payment shall clearly state

the percentage and the amount to be retained. Once the Application is approved by the Architect, the

Application for Payment must be submitted for approval to the Davenport Community School District.

The application must be received at the District office at least one week prior to the scheduled meeting for

it to be included in that meeting's scheduled business.

Add Clause 9.3.3.1to Subparagraph 9.3:

9.3.3.1 With each Application for Payment submit waivers of Chapter 573 claims (the equivalent of

mechanics liens under Iowa law for public improvement projects) from subcontractors or sub-

subcontrac

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