1 Certified Iowa Targeted Small Business Participation Goal

SPECIAL CONDITIONS - UIHC

TABLE OF ARTICLES

1 CERTIFIED IOWA TARGETED SMALL BUSINESS PARTICIPATION GOAL

2 INSURANCE REQUIREMENTS

3 SUBSTITUTIONS

4 MODIFICATIONS

5 SOILS REPORT

6 SITE SURVEY

7 LIQUIDATED DAMAGES / INCENTIVE PROGRAM

8 TENANT SPACE AGREEMENT

9 CONTRACTOR SERVICES ORIENTATION

10 MISCELLANEOUS PROVISIONS

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SPECIAL CONDITIONS

ARTICLE 1 - CERTIFIED IOWA TARGETED SMALL BUSINESS PARTICIPATION GOAL

1.1 REFERENCE: Document 00030 - Advertisement for Bids (page 2).

1.2 TARGETED SMALL BUSINESS (TSB): The certified Iowa TSB participation goal for this project is 10 percent of the Base Bid. This establishes the amount that should be reported on the Final Payment Reporting Form as part of the TSB Program.

ARTICLE 2 - INSURANCE REQUIREMENTS

2.1 REFERENCE: Uniform General Conditions Article 11.

2.2 CONTRACTOR'S LIABILITY INSURANCE

2.2.1 Each Prime Contractor shall take out insurance policies issued by an insurance company or companies legally authorized to conduct business in the State of Iowa with an A. M. Best rating of A-, VII or better and maintain the policy throughout the construction period as per the following minimum requirements:

.1 Workers Compensation and Employer’s Liability: Coverage A – State of Iowa Statutory Benefits. Coverage B - $500,000 each accident; $500,000 disease each employee, and $500,000 disease policy limit.

.2 Commercial General Liability insurance covering all operations under the Contract; limits of not less than $1,000,000 for each occurrence and $2,000,000 in the aggregate.

.3 Automobile liability insurance on vehicles used in connection with the Contract, whether owned, non-owned, hired or borrowed in limits of not less than $1,000,000 for each accident.

.4 Umbrella liability insurance with limits of not less than [$5,000,000] [Confirm with Project Manager for higher limits for Utility, Power Plant or Roofing projects], which shall apply to all underlying and primary liability coverages required by this contract.

.5 Contractor’s liability insurance shall be primary above and over all other liability insurance of the Owner. The Contractor and the Contractor’s insurers shall waive all rights of subrogation and recovery against the Owner for any loss paid on behalf of the Contractor.

.6 All policies in force in conjunction with this project shall have a 30-day cancellation clause.

.7 The Contractor shall name the State of Iowa; Board of Regents, State of Iowa and University of Iowa as additional insureds on all liability policies.

.8 The Contractor shall require each subcontractor to procure and to maintain insurance equal to that of the Contractor as set forth in this Agreement, and supply Certificates to the Contractor as proof.

2.3 "BUILDER'S RISK" INSURANCE

2.3.1 The Owner shall insure the entire project included in the contract specified with an "all risk" property policy, providing coverage for direct loss or damage, which is not otherwise excluded in the policy.

The following is intended as a general description of coverage as maintained by the Owner, but it is not a statement of contract. The actual coverage is subject to terms and conditions specified in the contract between FM Global Insurance and The University of Iowa. The policy may include additional coverages, exclusions, or other limitations not shown in this description. A copy of the policy is available for review at Design & Construction Services, 230 University Services Building, The University of Iowa, IowaCity, Iowa 52242-1922.

The University of Iowa maintains an "all risk" property policy which generally includes coverage for:

.1 Direct loss by fire, lightning, smoke, wind, hail, water, damage by vehicles, theft, collapse, land/mud slide, earthquakes, explosion (including boilers) and sprinkler leakage.

.2 Direct damage caused by interruption of gas, electric, water, and steam service.

.3 Reimbursement of debris removal costs.

.4 Deductible is $25,000 per occurrence.

.1 Contractor shall be responsible for $25,000 deductible amount.

.5 Subrogation: The insurance company may require assignment of all rights of recovery against any party for loss.

2.3.2 This provision shall not release the Prime Contractor from the obligation to complete the project covered by the contract according to the Plans and Specifications, and the Prime Contractor and their surety shall be obligated to full performance of the Prime Contractor's undertaking.

2.3.3 The policy provides repair/replacement cost coverage for reconstruction of the same premises of the project and for materials within 1,000 feet. The policy is in excess over other insurance, which must be exhausted before this policy will respond.

.1 Property insured includes real and personal property owned by the insured and personal property of others in our care, custody and control for which the Owner is contractually or legally obligated to insure.

.2 Property not insured includes motor vehicles, money, accounts, bills, deeds, securities, fine arts, jewelry, valuable papers, etc., or property while in transit.

2.3.4 General Exclusions:

.1 War, and nuclear reaction, radiation, and contamination.

.2 Delay or loss of market.

.3 Mysterious disappearance, discovered shortage in inventory or other unexplained loss.

.4 Faulty workmanship, materials, construction or design.

.5 Loss attributable to processing operations.

.6 Deterioration, rust, corrosion, wear and tear, inherent vice or latent defect, contamination, pollution, and shrinkage.

.7 Settling, cracking, shrinking, expansion of foundations, pavement, walls, floors or ceilings.

.8 Extremes of temperature or humidity.

.9 Damage from insects, animals, or vermin.

.10 Employee theft, or fraudulent or dishonest acts by any employee or agent of Owner, Contractor, Subcontractor, or any entity engaged to provide a service or perform any act in connection with the project.

.11 Loss resulting from the voluntary parting with title or possession of property if induced by any fraudulent act or by false pretense.

.12 Loss or damage to the interior portion of buildings under construction from rain, sleet or snow, whether or not driven by wind, when the installation of the roof, walls and windows of such building has not been completed.

.13 Fungus, mold, mildew.

2.3.5 The Contractor is required to immediately notify the Owner upon discovery of any loss. If a claim is expected to be made against the Owner's "Builder's Risk" policy, the Contractor must notify the Owner within forty-eight (48) hours after discovery of the loss.

2.3.6 If the Owner determines that a loss is due to Contractor negligence, the Owner has the right to submit a claim directly to the Contractor's liability insurance company if the Contractor is unwilling or fails to submit the claim within thirty (30) days after notification by the Owner.

2.4 CERTIFICATE OF INSURANCE

2.4.1 Contractor shall furnish two (2) copies of Certificate of Insurance to the Owner.

2.4.2 Owner's address, for filing Certificates of Insurance, is:

Board of Regents, State of Iowa

c/o Planning, Design & Construction

200 University Services Building

The University of Iowa

Iowa City, Iowa 52242-1922

2.5 "PROPERTY AND LIABILITY" INSURANCE FOR SPACE IN A UNIVERSITY BUILDING

(*Note to Writer: If Contractor is not given office space in an existing University of Iowa building for the duration of this project, delete sub-article 2.5 and associated wording. Do not indicate “Not Used.”)

2.5.1 [If office space is provided, develop wording to identify the building and area within building that the Contractor will use as construction office.]

2.5.2 INSURANCE. The Contractor and the Owner both understand and agree that the Owner is self-insured, and as a state agency, agrees to be responsible for claims resulting from the negligence of the Owner, its employees, or agents, to the extent provided by Chapter669, Code of Iowa.

.1 The Contractor agrees that the Owner will not insure or be responsible for the personal property of the Contractor.

.2 The Contractor agrees to purchase and maintain general liability insurance from a reputable insurance company with limits of not less than $1,000,000 per occurrence for bodily injury, property damage, and contractual liability.

.3 To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the Owner and its consultants, 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 Contractor's occupancy or use of the space provided.

.4 The Contractor shall name the Owner as additional insured with respect to claims resulting from occupancy of the space, and shall provide Owner with a Certificate of Insurance, showing the provided space as a covered premise, as evidence of compliance with these requirements.

.5 The insurance requirements under this section of the contract shall be considered as an additional obligation under the provisions of this contract. These provisions do not release the Contractor from obligations under any other provisions in the Contract, including those under Article 11 of the General Conditions and Article2 of the Special Conditions.

(*Note to Writer: This Sub-article must be used if article 8 of the Special Conditions is used.)

ARTICLE 3 – SUBSTITUTIONS

3.1 REFERENCE: Document 00100 - Instructions to Bidders, Article 12.

3.2 Substitutions of the materials and equipment described in the Contract Documents will be considered during the bidding period upon receipt of a written request to ______for approval at least _days prior to the date set for receipt of bids.

3.3 If DP approves any proposed substitutions, such approval shall not be considered official until it is set forth in an addendum. Bidders are cautioned to refrain from including any substitutions in their bid which are not confirmed by written addendum.

3.4 REQUESTS FOR SUBSTITUTIONS WILL BE MADE ON FORM 00951 ("SUBSTITUTION REQUEST FORM") (or facsimile) by the requesting bidder. Submit a separate Substitution Request Form for each proposed substitution. Verbal or written requests without the completed Substitution Request Form will not be considered.

(*Note to Writer: Cross-reference number of days for approval with Article 12 of the Instructions to Bidders.)

ARTICLE 4 - MODIFICATIONS

(*Note to Writer: Do not delete this Article. If there are no modifications to the “Uniform General Conditions,” insert “Not Used” after “4.1.1” and if there are no modifications to the “Supplementary Conditions,” insert “Not Used” after “4.2.1”.)

4.1 Modifications to the Uniform General Conditions

4.1.1 Add “9.3.1.3 Applications for Payment are to be sent the following address: Business Manager/Capital Management/University of Iowa Hospital and Clinics/200 Hawkins Drive, C118 GH/Iowa City/ Iowa/52242-1009”

4.2 Modifications to the Supplementary Conditions

4.2.1 Not Used.

ARTICLE 5 - SOILS REPORT

(*Note to Writer: If there is no “Soils Report” for this project, delete all wording and insert “Not Used” in lieu of “REFERENCE: Uniform . . .”)

5.1 REFERENCE: Uniform General Conditions Article 2, Paragraph 2.1.1.

5.2 A soils report has been prepared by as a service to the Owner. Copies of the report are available for review at the office of [the Design Professional and] Design & Construction Services, 230 University Services Building, The University of Iowa, Iowa City, Iowa52242-1922. Inquiries regarding this report shall be referred to _ , with information copies sent to the [Design Professional and the] Owner. No representation or warranty is made by the [Design Professional or the] Owner of the adequacy or contents of this report.

ARTICLE 6 - SITE SURVEY

(*Note to Writer: If there is no “Site Survey” for this project, delete all wording and insert “Not Used” in lieu of “REFERENCE: Uniform . . .”)

6.1 REFERENCE: Uniform General Conditions Article 2, Paragraph 2.1.1.

6.2 A site survey has been performed by as a service to the Owner and is included in the Drawings. Copies of the survey are on file at the office of the [Design Professional,] [Construction Manager,] and at Design & Construction Services, 230University Services Building, TheUniversity of Iowa, IowaCity, Iowa 52242-1922. Inquiries regarding this survey shall be referred to ______, [through the Construction Manager], with information copies sent to the [Design Professional and] the Owner. No representation or warranty is made by the [Design Professional or the] Owner of the adequacy or contents of this survey.

ARTICLE 7 - LIQUIDATED DAMAGES / INCENTIVE PROGRAM

(*Note to Writer: If there will be no “Liquidated Damages and/or Incentive Program” for this project, delete all wording and insert “Not Used” in lieu of “REFERENCE: Uniform . . .”)

(*Note to Writer: When including Liquidated Damages in a project, the Form of Bid with Alternates (Document 00301) is required. Writer shall provide an Alternate for Contractor to deduct the liquidated damages from the project. This form is available on the Design & Construction Services website: www.facilities.uiowa.edu/Consultants, Contractors & Vendors).

7.1 REFERENCE: Uniform General Conditions Article 8, Paragraph 8.3.

7.2 Liquidated Damages

7.2.1 The work to be performed under this contract shall be completed within the time specified in the Instructions to Bidders, Article 11, Subparagraph11.1.4.

7.2.2 It is agreed that the contract time is of prime importance and will cause the Owner to sustain substantial damages. The contract time will, however, be extended in the event of occurrence of any conditions described in Paragraph 8.3 of the General Conditions of the Contract.

7.2.3 In the event the Contractor shall fail to complete the work within the time fixed for such completion, or within the time to which such completion may have been extended, the Contractor shall pay the Owner the sum of Dollars ($ ) for each and every calendar day that the time consumed in completing the work exceeds the time allowed therefore. Said sum is hereby fixed and agreed as the liquidated damages that the Owner will suffer by reason of such delay, in view of the difficulty of accurately ascertaining the loss which the Owner will suffer by reason of inability to enter into possession, occupancy or use the structure or facility, and is not imposed as a penalty.

7.2.4 The Owner will deduct and retain out of the moneys which may become due hereunder to the Contractor, the amount of such liquidated damages, and in case the amount which may become due hereunder is less than the amount of the liquidated damages suffered by the Owner, the Contractor shall pay the difference upon demand by the Owner.

7.3 Incentive Program

7.3.1 An incentive of [written amount ($amount)] will be awarded to the Contractor if [this project] [specified milestone event or date] is determined to be substantially complete (as agreed by the Owner) on or before [Date].

7.3.2 The incentives are based on the specified completion date and will not be altered or extended, are inclusive of all field conditions, and all changes to the Work by the Owner, errors and omissions, delays by the Owner, Design Professional, and acts of God.